ROBERT W.WDODRUFF
LIBRARY
plGliST
OF THE
FROM |TS SETTLEMENT AS AcBRITISH PROVINCE, IN 1755, TO THE
SESSION OF THE GENERAL ASSEMBLY IN 1800, INCLUSIVE.
All :he laws palled within the above periods, and now in force, alphabetically arranged
undei dieir refpeftiVe'.Titles: Alfo the State Conftitutions xy / f 1r78Q.
i the additions and amendments in 17955 anc^the Conftitution 0^1798.
TO WHICH IS ADDED,
AN APPENDIX:
* i AT *
1'hf I)eclaraion of American Independence; the Articles of .Confederation and perpetual Union; the Federal
Confltution, with the amendments thereto r-aU^the Treaties between the United States and foreign
llations; the Treaties between the United States and the different tribes of Indians; and
thofe between the State of Georgia and the Southern and Weftern Indians.
WITH
A COPIOUS INDEX TO THE WHOLE.
Compiled, arranged and dig fed from the original Records, and under the fpecial Authority of the State.
BY HORATIO MARBURY Gf WILLIAM H. CRAWFORD, Esqrs.
©atraiuu®:
PRINTED BY SEYMOUR, WOOLIIOPTER B STEP-BINS,
l802.
TO
HS EXCELLENCY
3kmcs ^arfeson,
Governor and Coimander in Chief of the Army and Navy
of this State, and of the Militia thereof.
i
In conformiy tojan aB of the General Assembly, passed
at Louisville, 01 the/sixth day of December one thousand se-
ven hundred and nijety-nine, entitled " An aB to carry into
effeB the eighth seqon of the third article of the Constitution,"
we present and refrt for the examination of your Excellency.
a colleBion of th&aws of this State, now in force, arranged
agreeably to the fder pointed out in the said article.
HOR. MARBURY, y
WM. H. CRAWFORD,
Louisville, 2dl :.
March, 1801. J : .
THE CONSTITUTION
OF THE
©tate of Georgia,
WHEREAS the conduft of the legiflaturc of Great-Britain, for many years paft,
has been fo oppreflive on the people of America, that of late years they have plainly
declared, and afferted a right to raife taxes upon the people of America, and to make
laws to bind them in all cafes whatfoever, without their confent; which condudt be-
ing repugnant to the common rights of mankind, hath obliged the Americans, as free-
men, to oppofe fuch oppreffive meafures, and to affert the rights and privileges they
are entitled to, by the laws of nature and reafon; and accordingly it hath been done
by the general confent of all the people of the Hates of New-Hampfhire, MafTachu-
fetts-Bay, Rhode-Ifland, Conne&icut, New-York, New-Jerfey, Pennfylvania, the
counties of New-Gaftle, Kent and Suffex on the Delaware, Maryland, Virginia,
North-Carolina, South-Carolina, and Georgia, given by their representatives met
together in General Congrefs in the city of Philadelphia.
And whereas it hath been recommended by the faid Congrefs on the fifteenth of
May laft, to the refpe&ive affemblies and conventions of the United States, where no
government, Sufficient to the energies of their affairs, hath been hitherto eftabliffi-
ed, to adopt fuch government, as may, in the opinion of the representatives of the
people, beft conduce to the happinefs and fafety of their conftituents in particular,
and America in general.
And whereas the independence of the United States of America has been alfo de-
clared, on the fourth day of July, one thoufand feven hundred and feventy-fix, by
the faid Honorable Congrefs, and all political connexion between them and the
crown of Great-Britain is in confequence thereof diffolved.
We therefore the reprefentatives of the people, from whom all power originates,
and for whofe benefit all government is intended, by virtue of the power delegated
to us, do ordain and declare, and it is hereby ordained and declared, that the follow-
ing rules and regulations be adopted for the future government of the ftate.
6
CONSTITUTION.
$p$Sent T The legiflative, executive, and judiciary departments fhall be feparate anddi-f-
t0 [,e distinct, pQ t]iat neither exercife the powers properly belonging to the other.
JS2B&S- The legiflature of this ftate fhall be compofed of the reprefentatives of the
people, as is herein after pointed out: and the reprefentatives fhall be elefted yearly,
and every year, on the firfl Tuefday in December; and the reprefentatives fo elefled
fhall meet the firfl: Tuefday in January following, at Savannah, or any other place
of the cover-or places where the Houfe of Affembly for the time being fhall dire ft. On the
firfl day of the meeting of the reprefentatives fo chofen, they fhall proceed to the
choice of a Governor, who fhall be fliled Honorable; and of an executive coun-
cil, by ballot, out of their own body; viz. two from each county, except thofe coun-
ties which are not yet entitled to fend ten members. One of each county fhall always
attend where the governor refides, by monthly rotation, unlefs the members of
each county agree for a longer or fhorter period; this is not intended to exclude ei-
ther member attending : the remaining number of reprefentatives fhall be called the
Houfe of Affembly: and the majority of the members of the faid houfe fhall have
power to proceed to bufinefs.
OTi?u™flrtobe III. It fhall be an unalterable rule, that the Houfe of Affembly fhall expire, and
be at an end yearly and every year, on the day preceding the day of election men-
tioned in the foregoing rule.
Ten members IV. The reprefentatives fhall be divided in the following manner; ten members
count*except from each county, as is herein after aireffed, except the county of Liberty, which
fourteen. contains three parifhes, and that fhall be allowed fourteen. The ceded lands north
winces. of Ogechee fhall be one county, and known by the name of Wilkes.
Richmond Tbe parifli of St. Paul fhall be another county, and known by the name_of Rich-
mond.
Burkc The parifh of St. George fhall be another county, and known by the name of
Burke.
The parifh of St. Matthew, and the upper part of St. Philip, above Canouchee,
lam" fhall be another county, and known by the name of Effingham.
Chatham The parifli of Chrifi Church, and the lower part of St. Philip, below Canouchee,
fhall be another county, and known by the name of Chatham.
The parifh .of St. Tohn, St. Andrew, and St. fames fhall be another county,
Liberty. . , r J 'r 5 0/
and known by the name or Liberty.
a The parifli of St. David and St. Patrick -fliall be another county, and known
by the name of Glynn.
The parifli of St. Thomas and St. Mary fliall be another county, and known
araden. ^ name of Camdeil.
Tour members The port and town of Savannah fliall be allowed four members to reprefent their
for the port &
town of Sa- 11 dUC.
™oafor sun- The port and town of Sunbury fliall be allowed two members to reprefent their
trade.
tives^of1 new ^' Tbe two colin^es ob Glynn and Camden fliall have one reprefentative each, and
pw«weua?" a^° tbey> an<^ ab otber counties that may hereafter be laid out by the Houfe of Af-
fembly, fliall be under the following regulations, viz. At their firfl; inflitution, each
county fliall have one member, provided the inhabitants of the faid county fliall have
CONSTITUTION.
7
ten eleBors ; and if thirty, they fhall have two ; if forty, three; if fixty, four ; if
eighty, fix ; if an hundred and upwards, ten ; at which time two executive coun-
fellors fhall fre chofen from them, as is directed for the other counties.
VI. The reprefentatives fhall be chofen out of the refidents in each county, who ^ejrcca8cnte-
fhall have refided at leaft twelve months in this ftate, and three months in the coun- thC5-
ty where they fhall be eleHed ; except the freeholders of the counties of Glynn and
Camden, who are in a ftate of alarm, and who fhall have the liberty of choofing one
member each, as fpecified in the articles of this conftitution, in any other county,
until they have refidence fufficient to qualify them for more : And they fhall be of
the proteftant religion, and of the age of twenty one years, and fhall be poffeffed
in their own right of two hundred and fifty acres of land, or fome property to the
amount of two hundred and fifty pounds.
VII. The Houfe of Affembly fhall have power to make fuch laws and regulations to
as may be conducive to the good order and well being of the ftate; provided fuch uws.&c.
laws and regulations be not repugnant to the true intent and meaning of any rule
or regulation contained in this conftitution.
The Houfe of Affembly fhall alfo have power to repeal all laws and ordinances May repeal
thej find injurious to the people: And the houfe fhall choofe its own fpeaker, ap- o^it*
point its own officers, fettle its own rules of proceeding, and direB writs of elec- otlier officers,
tion for fupplying intermediate vacancies; and fhall have power of adjournment writs of eke-
to any time or times within the year.
VIII. All laws and ordinances fhall be three times read, and each reading fhall
be on different and feparate days, except in cafes of great neceffity and danger;
and all laws and ordinances fhall be fent to the executive council, after the fecond
reading, for their perufal and advice.
IX. All male white inhabitants, of the age of twenty one years, and poffeffed in §JiSoSa
his own right of ten pounds value, and liable to pay tax in this ftate, or being of
any mechanic trade, and fhall have been refident fix months in this ftate, fhall have
a right to vote at all eleBions for reprefentatives, or any other officers herein agreed
to be chofen by the people at large ; and every perfon having a right to vote at any
election, fhall vote by ballot perfonally. blno\:on by
X. No officer whatever fhall ferve anyprocefs, or give any other hinderance to
any perfon entitled to vote, either in going to the place of eleBion, or during the
time of the faid eleBion, or on their returning home from fuch eleBion; nor fhall
any military officer, or foldier, appear at any eleBion in a military charaBer, to the
intent that all elections may be free and open.
XI. No perfon fhall be entitled to more than one vote, which fhall be given in the
county where fuch perfon refides, except as before excepted; nor fhall any perfon
who holds any title of nobility be entitled to a votey or be capable of ferving as a re-
prefeirtative, or hold any poll of honor, profit or truft in this ftate, whilft fuch
perfon claims his title of nobility;, but if the perfon fhall give up fuch diftinBion, in
8
CONSTITUTION.
the manner as may be dire&ed by any future legiflature, then, and in fuch cafe, he
fhall be entitled to vote, and reprefent, as before directed, and enjoy all the other
benefits of a free citizen.
Slhigtovofc. XII. Every perfon abfenting himfelf from an ele&ion, and fhall negleft to give
in his or their ballot, at fuch eleftion, fhall be fubjed to a penalty not exceeding five
pounds; the mode of recovery, and alfo the appropriation thereof, to be pointed
out and direfted by a6t of the legiflature; provided neverthelefs, that a reafonable
excufe fhall be admitted.
p'csMitatfvLs" XIII. The manner of ele&ing reprefentatives fhall be by ballot, and fhall be ta-
to be by ballot. ken tWQ more juftjces orf the peace, in each county, who fhall provide aeon-
venient box for receiving the faid ballots; and on clofing the poll, the ballots fhall
be compared in public, with the lift of votes that have been taken, and the majority
immediately declared; a certificate of the fame being given to the perfons ele£ted,
and alfo a certificate returned to thehoufe of reprefentatives.
fiicdor's oath. XIV. Every perfon entitled to vote fhall take the following oath, or affirmation^
if required, viz.
61, A. B. do voluntarily and folemnly fwear, or affirm, as the cafe may be, that I
do owe true allegiance to this ftate, and will fupport the conftitution thereof. So
help me God.'
XV. Any five of the reprefentatives elefted, as before direfted, being met, fhall
have power to adminifter the following oath to each other; and they or any other
member, being fo fworn, fhall in the houfe adminifter the oath to all other mem-
bers that attend, in order to qualify them to take their feats, viz.
11, A. B. do folemnly fwear, that I will bear true allegiance to.the ftate of Geor-
gia, and will truly perform the trufts repofed in me ; and that I will execute the
fame to the beft of my knowledge, for the benefit of this ftate, and the fupport of
the conftitution thereof; and that I have obtained my ele&ion without fraud or
bribe whatever. So help me God.'
Continental XVI. The continental delegates fhall be appointed annually by ballot, and fhall
pointed annu- have a right to fit, debate and vote, in the Houfe of Affembly, and be deemed apart
A part of the thereof; fubjeft however to the regulations contained in the .twelfth article of the
Assembly. confecjeration of the United States.
Who are lnea- XVII. No perfon bearing any poft of profit under this ftate, or any perfon bear-
' ing any military commiffion, under this or any other ftate or ftates, except officers
of the militia, fhall be elefted a reprefentative. And if any reprefentative fhall be
appointed to any place of profit or military commiffion, which he fhall accept, his
feat fhall immediately become vacant, and he fhall be incapable of re^elehion, whilft
holding fuch office.
By this article, it is not to be underftood that the office of a juftice of the peace
is a poft of profit.
hoidmorcsha11 XVIII. No perfon fhall hold more than one office of profit, under this ftate, at
fiTof"profit. one an<3 the fame time.
Represent-i-
tives, huw
their oath.
CONSTITUTION.
9
XIX. The governor fhall, with the advice of the executive council, cxercife the
executive powers of government, according to the laws of this ftate and the con- l"1
ftitution thereof; fave only in the cafe of pardons, and remiffion of fines, which lie
fhall in no inftance grant; but he may reprieve a criminal, fufpend a fine, until the
meeting of the Affembly, who may determine therein as,they fhall judge fit.
XX. The governor, with the advice of the executive council, fhall have power to May convex
call the Houfe of Affembly together, upon any emergency, before the time which the 'iswmb1''*
they ftand adjourned to.
XXI. The governor, with the advice of the executive council, fhall fill up all in-
termediate vacancies that fhall happen in offices till the next general election : And all commission,,
commiffions, civil and military, fhall be iffued by the governor, under his hand, and
the great feal of the ftate.
XXII. The governor may prefide in the executive council at all times, except when the 60-
when they are taking into confederation, and perufmg the laws andordinances offered
to them by the Houfe of Affembly.
XXIII. The governor fhall be chofen annually by ballot, and fhall not be eligible Hueiefti0n&
to the faid office fof more than one year out of three, nor fhall he hold any military eigU51,t5'
commiffion under any other ftate or ftates.
The governor fir all refide at fuch place as the Houfe of Affembly for the time be- h« residence
ing fhall appoint.
XXIV. The governor's oath:
i I, A. B. elected governor of the ftate of Georgia, by the reprefentatives there- andoath.
of, do folemnly promife and fwear, that I will, during the term of my appointment,
to the beft of my fkill and judgment, execute the faid office faithfully and confcien-
tioufly, according to law, without favor, affeftion, or partiality; that I will to the
utmoft of my power, fupport, maintain and defend the ftate of Georgia, and the
conftitution of the fame, and ufe my utmoft endeavors to proteft the people there-
of in the fecure enjoyment of all their rights, franchifes and privileges; and that the
laws and ordinances of the ftate be duly obferved, and that law and juftice in mercy
be executed in all judgments. And I do further folemnly promife and fwear, that I
will peaceably and quietly refign the government to which I have been elefted, at the
period to which my continuance in the faid office is limited by the conftitution : And
laftly, I do alfo folemnly fwear, that I have not accepted of the government where-
unto I am elefled contrary to the articles of this conftitution. So help me God.'
This oath to be adminiftered to him by the fpeaker of the Affembly.
The fame oath to be adminiftered by the fpeaker to the prefident of the council. j£hdent'*
No perfon fhall be eligible to the office of governor who has not refided three
years in this ftate.
XXV. The executive council fhall meet the day after their ele&ion, and proceed EiedHon of
to the choice of a prefident out of their own body—they fhall have power to appoint officers of the
their own officers, and fettle their own rules of proceedings. The council fhall al- council to
i . • i- • i 11 votebycoun-
ways vote by counties, and not individually. ties-
Tl
10
CONSTITUTION.
2Xi.h0W XXVI. Every counfellor, being prefent, fhall have power of entering his proteft
againft any meafures in council hehaS not confented to; provided he does it in three
days.
am?neciainaws XXVII. During the filling of the Affembly, the whole of the executive council
* ordinances. attend, unlefs prevented by ficknefs, or fome other urgent neceftity; and in that
cafe, a majority of the council fhall make a board to examine the laws and ordinan-
ces fent them by the Houfe of Affembly; and all laws and ordinances fent to the
council fliall be returned in five days after, with their remarks thereon.
XXVIII. A committee from the council, fent with any propofed amendments to
mem*. any jaw or ordinance, fliall deliver their reafons for fuch propofed amendments, fit-
ting and covered; the whole houfe at that time, except the fpeaker, uncovered.
2EtS?5iila XXIX. Theprefident of the executive council, in the abfence or ficknefs of the
as governor, governor, fhall exercife all the powers of the governor.
Governormay XXX. When any affair that requires fecrecy fhall be laid before the governor and
c^to°thesecrc" l^e executive council, it fhall be the duty of the governor, and he is hereby obliged
council- to adminifler the following oath, viz.
The oath, 4 I, A. B. do folernnly fwear, that any bufinefs that fhall be at this time commu-
nicated to the council, I will not, in any manner whatever, either by fpeaking, wri-
ting or otherwife, reveal the fame, to any perfon whatever, until leave given by the
council, or when called upon by the Houfe of Affembly; and all this I fwear with-
out any refervation whatever. So help me God.'
Aim to the se- And the fame oath fhall be adminiflered to the fecretary and other officers neceffary
<reUry* to carry the bufinefs into execution.
ofthJcxec^- XXXI. The executive power fhall exift till renewed as pointed out by the rules Uf
tive power. thiS COnftitUtion.
XXXII. In all tranfa&ions between the legiflative and executive bodies, the fame
fhall be communicated by meffage, to be delivered from the legiflative body to the
governor or executive council by a committee; and from the governor to the Houfe
of Affembly by the fecretary of the council; and from the executive council by a
committee of the faid council.
^"governor2 XXXIII. The governor, for the time being, fhall be captain-general and com-
mander in chief ever all the militia, and other military and naval forces belonging to
this ftate.
Som^Teir XXXIV. All militia commiffions fhall fpecify, that the perfon commiffioned fhall
duration. continue during good behaviour.
foroaedns XXXV. Every county in this ftate that has, or hereafter may have, two hundred
and fifty men and upwards, liable to bear arms, fhall be formed into a battalion; and
when they become too numerous for one battalion, they fhall be formed into more,
by bill of the legiflature; and thofe counties that have a lefs number than two hundred
and fifty, fhall be formed into independent companies.
Transaftions
between the
legislature, ex-
■ecutive coun-
cil, and go-
vernor, how
regulated.
CONSTITUTION,
XXXVI." There (hall be eftablifhed in each county a court, to be called a Superior
Court, to be held twice in each year. On the firft Tuefday in March in the county 60urU-
of Chatham;
The fecond Tuefday in March in the county of Effingham;
The'third Tuefday in March in the county of Burke;
The fourth Tuefday in March in the county of Richmond;
The next Tuefday in the county of Wilkes;
And Tuefday fortnight in the county of Liberty;
The next Tuefday in the county of Glynn;
The next Tuefday in the county of Camden: The like courts to commence in
Oflober, and continue as above.
XXXVII. All caufes and matters of difpute between any parties refiding in the Clulc''
fame county, to be tried within the county.
XXXVIII. All matters in difpute between contending parties refiding in different 5j£ctobc
.counties, fhall be tried in the county where the defendant refides, except in cafes of
real eftates, which fhall be tried in the cou,nty where fuch real eftates lies.
XXXIX. All matters of breach of the peace, felony, murder and treafon againfl
the ftate, to be tried in the county where the fame was committed. All matters of
difpute, both civil and criminal, in any county where there is not a fufficient number
of inhabitants to form a court, fhall be tried in the next adjacent county where a court
is held.
XL. All caufes of what nature foever, fhall be tried in the fupreme court, except as organization
hereafter mentioned; which court fhall confift of the chief juftice, and three or more of the superior
of the juftices refiding in the county; in cafe of the ab fence of the chief juftice, the
fenior juftice on the bench fhall a£l as chief juftice, with the clerk of the county, at-
torney for the ftate, fheriff, coroner, conftable, and the jurors. And in cafe of the
ab fence of any of the aforementioned officers, the juftices to appoint others in their
room pro tempore. And if any plaintiff or defendant in civil caufes fhall be diffatis- J^htof aP-
fied with the determination of the jury, then and in that cafe they fhall be at liberty
within three days to enter an appeal from that verdi£f, and demand a new trial by a
fpecial jury, to be nominated as follows, viz. each party, plaintiff and defendant, {g3nerof
fhall choofe fix; fix more names fhall be taken indifferently out of a box provided
for thatpurpofe; the whole eighteen to befummoned, and their names to be put to-
gether into the box, and the firft twelve that are drawn out, being prefent, fhall be
the fpecial jury to try the caufe, and from which there fhall be no appeal.
X LI. The jury fhall be judges of law as well as of faff, and fhall not be allowed jury judge* of
to bring in a fpecial verdift; but if all, or any, of the jury have any doubts concern-lawand aa'
ing points of law, they fhall apply to the bench, who fhall each of them in rotation
give their opinion.
XLII. The jury fhall be fworn to bring in a verdift according to law, and the Their muj,
opinion they entertain of the evidence; provided it be not repugnant to the rules and
regulations contained in ithis conftitution.
1
CONSTITUTION.
srecuiiury'. XLIII. The fpecial jury fhall be fworn to bring in a vcrdift according to law, and
the opinion they entertain of the evidence; provided it be not repugnant to juftice,
equity and confcience, and the rules and regulations contained in this conftitution, of
which they {hall judge.
IxiTts by sea" XLIV. Captures, both by feaand land, to be tried in the county where fuch fhall
»ndlaud. carrjeci in . a fpecial court to be called by the chief juftice, or in his abfence, by
the then fenior juftice in the faid county, upon application of the.captors or claim-
ants; which caufe fhall be determined within the fpace of ten days. The mode of
proceeding and appeal fhall be the fame as in the fuperior courts ; unlefs after the fe-
cond trial an appeal is made to the continental congrefs; and the diftance of time be-
tween the firft and fecond trial fhall not exceed fourteen days: And all maritime cau-
fes to be tried in like manner.
G«nd jury. XLV. No grand jury fhall confift of lefs than eighteen, and twelve may find a bill.
court of con- XLVI. That the court of confcience be continued as heretofore praftifed, and
iis'diition. that the jurifdiftion thereof be extended to try caufes not amounting to more than
ten pounds.
fe?Iofexecu* XLVI I. All executions-exceeding five pounds, except in the cafe of a court-mer-
chant, fhall be flayed until the firft Monday in March; provided fecurity be given
for debt and cofts.
SnuadondoCfon" XLVIII. All the cofts attending any aftion in the fuperior court fhall not exceed
"periornthc the fum of three pounds; and that no caufe be allowed to depend in the fuperior court
c0um. longer than two terms.
fountfbfc'to XLIX. Every officer of the ftate fhall be. liable to be called to account by the
me Awembiy. Houfe of Affembly.
accords to be L. Every county fhall keep the public records belonging to the fame, andauthen-
proper coun- ticated copies of the feveral records now in the poffeffion of this ftate fhall be made
out, and depofited in that county to which they belong.
k^entailed.40 LI. Eftates fliall not be entailed; and when a perfon dies inteftate, his or her eftate
distribution, fhall be divided equally among their children; the widow fhall have a child's fhare,
or her dower, at her option: All other inteftates' eftates to be divided according to
the aft of diftribution made in the reign of Charles the Second, unlefs otherwife alter-
ed by any future aft of the legiflature,.
«/?eg"st?reof LI I. A regifter of probates fhall be appointed by the legiflature in every county,
probates. for proving wills, and granting letters of adminiftration.
Of county of- LIII. All civil officers in each county fhall be annually elefted on the day of the
ficers' general eleftion; except juftices of the peace and regiflers of probates, who fhall be
appointed by the Houfe of Affembly.
i.redUon of LI V. Schools fhall be erefted in each county* and fupported at the general expenee
public schools. ^ ^ ^ legiflature fhall hereafter point out and direft.
CONSTITUTION.
*3
LV. A court-houfe and jail to be erefted at the public expencc in each county, 2'andjau"1'"
where the prefent convention or the future legiflature fhall point out and direft.
LVI. All perfons whatever fhall have the free exercife of their religion; provided *§/°ustolc*
it be not repugnant to the peace and fafety of the hate; and fliall not, unlefs by con-
i'ent, fupport any teacher, or teachers, except thofe of their own profeflion.
LVII. The great feal of this ftate fhall have the following device: on one fide a cr«t«eai,iw
fcroll, whereon 111 all be engraved, " The Conftitution of the ftate of Georgia;" and evice*
the motto," Pro bono publicoon the other fide an elegant houfe, and other buildings;
fields of corn, and meadows covered with fheep and cattle; a river running through
the fame, with a fhip under full fail; and the motto, " Deus nobis hcec otia fecit
LVIII. No perfon fliall be allowed to plead in the courts of law in this ftate, except uf
thofe who are authorifed fo to do by the Houfe of Aflembly; and if any perfon lb
authorifed (hall be found guilty of mal-praHice before the Houfe of Aflembly, they
fhall have power to fufpend them. This is not intended to exclude any perfon from
that inherent privilege of every freeman, the liberty to plead his own caufe.
LIX. Excelfive fines fhall not be levied, nor exceflive bail demanded. Stob^cS?
cessive.
LX. The principles of thehabeus corpus a£t fliall be a part of this conftitution. Habeascorpu..
LXl. Freedom of the prefs, and trial by jury, to remain inviolate for ever. Freedom of
r the prefs and
trial by jury.
LXII. No clergyman of any denomination fliall be allowed a feat in the legifla- gcrgy kciigi-
ture.
LXIII. No alteration fliall be made in this conftitution without petitions from a howSb2°au
majority of the counties, and the petitions from each county to be figned by a ma- tcred*
jority of voters in each county within this ftate; at which time the Aflembly fliall
order a convention to be called for that purpofe, fpecifying the alterations to be
made, according to the petitions preferred to the Aflembly by the majority of the
counties as aforefaid.
Done at Savannah, in Convention, the fifth day of February, in the year of
our Lord one thoufand feven hundred and feventy-feven, and in the firft
year of the independence of the United Sates of America.
dJeotgta,
WE the underwritten delegates from the people, in convention met, do declare, that
the following articles (hall form the conftitution, for the government of this ftate;
and, by virtue of the powers in us vefted for that purpofe, do hereby ratify and
confirm the fame,
H
CONSTITUTION.
THE CONSTITUTION OF THE STATE OF GEORGIA.
ARTICLE I.
Division and i. The legiflative power fhall be veiled in two feparate and diftin£l branches, t<
guiaturcthclc wit, a Senate and Houfe of Representatives, to be flyled, 44 The General Affembly.
Eiediion and 2. The Senate fhall be ele6led on the firft Monday in Oflober in every third year,
thescnatnec.eof until ftich day of eleftion be altered by law, and fhall be compofed of one member
from each county, chofen by the electors thereof, and fhall continue for the term of
three years.
Their qualift-
cations.
Election of
president of
3. No perfon fhall be a member of the Senate, who fhall not have attained to th$
age of twenty-eight years, and who fhall not have been nine years an inhabitant of
the United States, and three years a citizen of this flate, and fhall be an inhabitant
of that county for which he fhall be elefted, and have refided therein fix months
immediately preceding his eleflion, and fhall be poffeffed in his own right of two
hundred and fifty acres of land, or fome property to the amount of two hundred
and fifty pounds. ,
4. The Senate fhall elefl by ballot, a prefident out of their own body.
Senate to try 5. The Senate fhall have folely the power to try all impeachments.
ments
Eledlio
number of re-
6. The ele&ion of members for the Houfe of Reprefentatives, fhall be annual, on.
prcscntativcs. the Monday in OHober, until fuch day of ele&ion be altered by law, and fhall
be compofed of members from each county, in the following proportions ; Camden,
two; Glynn, two; Liberty, four; Chatham, five; Effingham, two; Burke, four;
Richmond, four; Wilkes, five; Wafhington, two; Greene, two; and Franklin,
two.
Theirquaiifi- 7. No perfon fhall be a member of the Houfe of Reprefentatives, who fhall not
have attained to the age of twenty-one years, and have been feven years a citizen of
the United States, and two years an inhabitant of this flate, and fhall be an inhabitant
of that county for which he fhall be ele£ted, and have refided therein three months
immediately preceding his election, and fhall be poffeffed in his own right of two
hundred acres of land, or other property, to the amount of one hundred and fifty
pounds.
Ele&ion of
speaker arid
other officers;
The power of
impeachment.
Disqualifies-
tion.
8. The Houfe of Reprefentatives fhall choofe their fpeaker and other officers.
9. They fhall have folely the power to impeach all perfons who have been, or
may be in office.
10. No perfon holding a military commiffion, or office of profit, under this- or the
United States, or either of them, (except juflices of the peace and officers of'the
militia) {hall be allowed to take his feat as a member of either branch of the General
Affembly; nor fhall any fenator, or reprefentative be elected to any office of profit^
which fhall be created during his appointment.
CONSTITUTION.
11. The meeting of the General Affembly {hall be annual, on the firft Monday in A"cm&y°.fthe
^November, until fuch day of meeting be altered by law.
12. One third of the members of each branch, {hall have power to proceed to
One third may
bufinefs, but a fmaller number may adjourn from day to day, and compelthe attend-
ance of their members, in fuch manner as each houfe may prefcribe.
13. Eaeh houfe fhall'be judges of the ele&ions, returns, and qualifications of its
own members, with powers to expel, or punifh for diforderly behaviour.
14. No fenator or reprefentative, fhall be liable to be arrefted, during his attend- Free fromar-
ance on the General Affembly, or for a reafonable time in going thereto, or returning
home, except it be for treafon, felony, or breach of the peace. Nor fhall any mem- Freedom of
ber be liable to anfwer for any thing fpoken in debate in either houfe, in any court or c *te'
place, elfewhere.
15. The members of the Senate, and Houfe of Reprefentatives fhall take the fol-
lowing oath, or affirmation :
' I, A. B. do folemnly fwear for affirm as the cafe may be) that I have not obtained
my eleftion by bribery, or other unlawful means, and that I will give my vote on all
queftions that may come before me as a fenator, or reprefentative, in fuch a manner,
as in my judgment, will beft promote the good of this ftate; and that I will bear true
faith and allegiance to the fame, and to the utmofl of my power, obferve, fupport,
and defend the conflitution thereof.'
16. The General Affembly fhall have power to make all laws and ordinances, jggg* t°f tb£
which they fhall deem neceffary and proper for the good of the ftate, which fhall not
be repugnant to this conftitution.
17. They fhall have power to alter the boundaries of the prefent counties, and to
lay off new ones, as well out of the counties already laid off, as out of the other ter- faToutnew1
ritory belonging to this ftate ;—when a new county or counties fhall be laid off out ofones"
any of the prefent county or counties, fuch new county or counties fhall have their
reprefentation apportioned out of the number of the reprefentatives of the county
or counties out of which it or they fhall be laid out. And when any new county
fhall be laid off in the vacant territory belonging to the ftate, fuch county fhall have
a number of reprefentatives not exceeding three, to be regulated and determined by
the General Affembly. And no money fhall be drawn out of the treafury, or from
the public funds of this ftate, except by appropriations made by law.
18. No clergyman of any denomination fhall be a member of the General Af-
ARTICLE II.
1. The executive power fhall be vefted in a governor, who fhall hold his office Governor's
during the term of two years, and fhall be elected in the following manner ; continuance in
2. The Houfe of Reprefentatives fhall, onthefecond day of their making a houfe, Huekftioa.
in the firft, and in every fecond year thereafter, vote by ballot for three perfons,
Senator's & re-
presentative's
oath.
fembly
CONSTITUTION.
and fhall make a lift containing the names of the perfons vothd for, and of thenum-
her of votes for each perfon; which lift the fpeaker fhall fign in the prefence of the
houfe, and deliver it in perfon to the Senate; and the Senate fiiall, on the fame day,
proceed by ballot to elelft one of the three perfons having the higheft number of
votes, and the perfon having a majority qf the votes of the fenators prefent fiiall be
the governor. v
tionrallfica" 3- N° Perf°n fball be eligible to the office of governor, who fiiall not have been a
citizen of the United States twelve years, and an inhabitant of this ftate fix years,
and who hath not attained to the age of thirty years, and who does not poflefs five
hundred acres of land in his own right, within this ftate, and other fpecies of property
to the amount of one thoufand pounds ftcrling.
governor la4- In cafe of the death, refignation, or difability of the governor, the prefident of
case senate exercifethe executive powers of government, uiitil fuch difability be
removed, or until the next meeting of the General Aflembly.
o"fCthe^ovcrn- 5* The governor fiiall at ftated times, receive for his fervices a compenfation which
fiiall neither be increafcd, nor diminiffied during the period for which he fiiall be
elected; neither fiiall he receive within that period any other emolument from the
United States, or any of them, or from any foreign power. Before he enters on the
execution of his office, he fiiall take the following oath or affirmation: " I do fo-
his oath. lemnly fwear, (or affirm as the cafe may be) that I will faithfully execute the office of
governor of the ftate of Georgia, and will to the beft of my abilities, preferve, pro-
tc£i, and defend the faid ftate, and caufe juftice to be executed in mercy therein, ac-
cording to the conftitution and laws of the fame."
His title. 6. He fiiall be commander in chief, in and over the ftate of Georgia, and of the
militia thereof.
J^FJardona 7* have power to grant reprieves, for offences againft the ftate, except in
' cafes of impeachment, and to grant pardons in all cafes, after conviftion, except for
treafon or murder, in which cafes he may refpite the execution, and make a report
thereof to the next General Aflembly, by whom a pardon may be granted.
or,
Shall issue
writs of eiec-
t;on and con-
vene the As-
8. He fhall iflue writs of eleflion, to fill up all vacancies that may happen in the
Senate or Houfe of Reprefentatives, and fiiall have power to convene the General
sembiy. Aflembly, on extraordinary occafions; and fiiall give them from time to time, infor-
mation of the ftate of the republic; and recommend to their confideration fuchmea-
fures as he may deem necefiary and expedient.
the Assembly 9. In cafe of difagreement between the Senate and Houfe of Reprefentatives, \Uth
gVement be- refpe8: to the time to which the General Aflembly fhall adjourn, he mav adjourn them
tween the two T _ . ■ 1 J ' . J
to fuch time as he may think proper.
His legislative
10. He fhall have the revifion of all bills, pafled by both houfes, before the fame
j)ov/crs, become laws; but two thirds of both houfes, may pafs a law notwithftanding his
diflent; and if any bill fhould not be returned by the governor within five days after
it hath been prefented to him, the fame fhall be a law, unlefs the General Aflembly
by their adjournment, ftiould prevent its return.
• CONSTITUTION.
17.
11. The great Teal of the flatc, ffiall be depofited in the office of the fecretary and Swit*c<J-
it ffiall not be affixed to any inffrument of writing without it be by order of the
•governor, or the General Afenbly, and the General Aflembly may dircd the great
feal to be altered.
ARTICLE III.
1. A fuperior court ffiall be held in each county twice in every year, in which ffiall
be tried and brought to final decifiqn, ail caufes civil and criminal, except fuch as authoris*-»
may be fubjed to a federal court, and fuch as may by law be referred to inferior
jurifdidions.
2. The General Aflembly ffiall point -out the mode of correding errors, and ap- a«d*?-
peals, which ffiall extend as far as to empower the judges to direbl a new trial by a-
jury within the county where the adion originated, which ffiall be final.
3. Courts-merchant ffiall be held as heretofore, fubjed to fuch regulations as the St.smcs*
General Aflembly may by law dired.
4. All caufes fhall be tried in the county where the defendant refides, except in S^Sd?*5
cafes of real eftate, which fliall be tried in the county where fuch eftate lies; and in
criminal cafes, which ffiall be tried in the county where the crime ffiall be committed.
- 5. The judges of the fuperior court, and attorney general, ffiall have a compe-
tent falary eftabliffied bylaw, which ffiall not be increafed nor dim iniffied during gcnevaK
their continuance in office, and ffiall hold their commiflions during the term of three Threeyeamn
-office.
years,
article iV.
1. The eledors of the members of both branches of the General Aflembly fhall of
be citizens and inhabitants of this ftate, $nd ffiall have attained to the age of twenty-
one years, and have paid tax for the year preceding the eledion, and ffiall have reli-
ded fix months within the county.
2* All eledions fliall be by "ballot, andthe Hdufe of Reprefentatives in all appoint*- b*
ments of ftate officers fliall vote for three perfons, and a lift of the three perfons Appointmerttof
having the higheft number of votes, ffiall be flgned by-the fpeaker and fent to thesUtc °*cer4'
Senate, which ffi&ll, from fuch.lift, determine by a majority of their votes the officer
eleded; except militia officers and the fecretaries of the governor, who ffiall be ap*-
pointed by the governor alone, under fuch regulations and reflridions as the General
Aflembly may prefcribe. The General Aflembly -may veil the appointment of infe- inferior oar*,
rior officers, in the governor, the Courts of jufticej, or in fuch other manner as they cert*
may by law eftablifli.
3. Freedom of the prefs, and trial by jury fliall remain inviolate.
4. All perfons ffiall be entitled to the benefit of the writ of habeas corpUsi
^ 5. All perfons fliall have the free exercife of religion without being obliged to con
tribute to the fupport of any religious profeflion but their own,
C
freedom of.
prefs and triil
by jury.
Habeas corpu*
_ Free exercise
Of religion.
CONSTITUTION.
6. Eftates fhall not be entailed, and when a perfoli dies inteftate, leaving a wife and
Howdutnbu- the wife fhall have a child's (hare, or her dower at her option ; if there be
no wife, the eft ate fhall be equally divided among the children; and their legal repre-
fentatives of the firft degree; the diftribution of all other inteftates'.eftates may be re-
gulated by law.
7. At the general ele&ion for member# of Affembly in the year one thoufand
feven hundred and ninety-four, the debtors in each county fhall elebt three perfons to
reprefent them hi a convention for the purpofe of taking into confideration the altera-
tions neceffary to be made in this conftitution; who fhall meet at fuch time and place
as the General Affembly may appoint, and if two thirds of the whole number fhall meet
and concur, they fhall proceed to agree on fuch alterations and amendments as they
may think proper, provided that after two thirds fhall have concurred to proceed to
alterations and amendments, a majority fhall determine on the particulars of fuch al-
terations and amendments.
Time of opera- g q^is conftitution fliall take effebt and be in full force on the firft Monday in
Obtober next after the adoption of the fame, and the executive fhall be authorized
to alter the time for the fitting of the fuperior courts, fo that the fame may not inter-
fere with the annual elections in the refpebtive counties, or the meeting of the firft
General Affembly. •
Done at Augufta, in Convention, the fixth day of May, in the year of our
Lord one thoufand feven hundred and eighty-nine, and in the year of the fo-
- vereignty and independence of the United States the thirteenth.
WILLIAM GIBBONS, Prefidenty and delegate from Chatham.
Mejl, D. LONGSTREET, Secretary,
CONSTITUTION.
cPeotgiej,
We, the representatives of the people of the State of Georgia, in convention met,
do ordain and eftabliffi the following articles as additions and amendments to the pre-
fent constitution, to tuke .efteB afld be in full force on the firft Monday in QBober next.
I. The Senate ffiall be eleBed annually on the firft Monday in November, until ®et^nb4c°/t®e-
fuchday of eleBion be altered by-law, and Shall be corapofed of one member from nuai.
each county, to be chofen by the electors thereof.
II. All eleBiom to. be made by the General Affembly Shall be by joint ballot of Efeajontobe
the Senate and Houfe of Reprefentatives. ofiheAwm-
III. The eleBion of members for the Houfe of Reprefentatives Shall be annual, on Eleai()nofre.
the firft Monday in November, and Shall becompofed of members from each county prcicnuit<*c<-
in the following proportions: Camden, two; Glynn, two; Libe-rty, four; M'Intofh,
two; Bryan, two; Chatham, four; Effingham, two.; Scriven, two; Montgomery,
two; Burke, three; Richmond, two; Columbia, two; Wilkes, three; Elbert, two;
Franklin two; Oglethorpe, three; Greene, three; Hancock, three; Washington,
three; Warren, three.
IV. At the general eleBion for members of ASfembly in the year one thouSand conventu*
Seven hundred and ninety-feven, the eleBors of the pre fent counties Shall eleB three whea t0 BMet*
perfons to reprefent them in a convention for the purpofe of taking into consideration'
the further alterations and amendments neceffary to be made in the constitution, who
Shall meet at the town of Louifville the fecond Tuefday in May thereafter-: a majo-
rity of the faid convention Shall have power to proceed to, and agree on fuch altera-
tions and amendments as they may think proper.
Meeting of thft
V. The meeting of the General Affembly Shall be annual, on the fecond Tuefday 4stea,blr-
jn January; a majority of whom Shall have power to proceed to bufinefs.
Louisville seat.
VI. That Louifville be the permanent feat of government, nnd that the governor,(>fsdTCniineftti
fecretary of the ftate, the treafurer, the auditor, and the furveyor-general, remove with
their offices thereto as foon as may be convenient, previously to the next meeting of the
General Affembly.
Done at Louifville, in Convention, the Sixteenth day of May, in the year of
our Lord one thoufand Seven hundred, and ninety-five, and in the year of the
fovereignty and independence of the United States the nineteenth.
Article of constituted rights annexed to the constitution as amended.
All powers not delegated by the constitution as amended, are retained by the people.
N. W. JONES, President, and delegate, from Chatham*
1
ZQ
CONSTITUTION.
\JOSEPH CLAY, Jun.
| JOHN WEREAT.
§\jESSE M'CALL,
I* [JOHN DAVIES.
.*1 BENJAMIN DAVIES,
1 yDAVID EMANUEL,
< j THOMAS KING.
T SAMUEL HIGGINBOTHAM,
STEPHEN HEARD,
J WILLIAM BARNETT.
ABNER FRANKLIN,
^ VOBADIAH HOOPER,
^ J THOMAS GILBERT.
|} JOHN B. JIRARDEAU.
^ DAVIS GRESHAM,
f >PHILIP HUNTER,
® J WILLIAM FITZPATRICK.
FERDINAND ONEAL,
LACHLAN M'INTOSH,
HENRY D. STONE.
HENRY GASTER,
SOLOMON WOOD,
WILLIAM NEIL.
MATTHEW TALBOT,
EDMUND DANIEL,
GEORGE SWAIN,
JOHN MILTON,
GEORGE WALKER,
PHILIP CLAYTON.
BENJAMIN LANIER,
WILLIAM SKINNER,
P. R. SMITH.
« ) LEVY PRECITT,
| > JOHN COBBS,
^ 3 PETER GOODWIN.
-sH PETER BOYLE,
| ^ANDREW BAXTER,
tg J HARMAN RUNNELS.
„ JOHN RUTHERFORD',
J VGEORGE FRANKLYN,
>I REUBEN WILKINSON.
^ JAMES POWELL,
| VJACOB WOOD,
3 J DANIEL STEWART.
BENJAMIN CATCHING
SILAS MERCER,
DAVID CRESWELL.
Attefi, THOMAS JOHNSON, Secretary.
THE CONSTITUTION OF THE STATE OF GEORGIA.
ARTICLE I.
departments of 1. The legiflative, executive, and judiciary departments of government fhall be
diftinU, and each department fhall be confided to a feparate body of magiftracy;
and no perfon, or colle&ion of perfons, being of one of thofe departments, fhall
exercife any power' properly audited to either of the others, except in the inftances.
herein exprefsly permitted^
constitution;
21
2» The leglfiative power lhall bfe vetted in two feparate and dill in 61 branches, to
wit, a Senate and Houfe of Rejjftlentauves, to be ftyled the General Aflembly. tffittic.1'9
3. The Senate fhall be elefled annually on the firft Monday in November, until ®c1"^e11yccl<:d
fuch day of eleQion be altered by law; and (hall be coropofed of one member from
each county, to be chofen by the elctlors thereof.
4. No perfon fhall be a fenato'f who (hall not have attained to the age of twenty- J0h2^quaIIflca*
five years; and have been nine years a citizen of the United States, and three years
an inhabitant of this (late, and (hall have ufually refided within the county for which
he fhall be returned at lead one year immediately preceding his eieftion, (except perfons
who may have been abfent on public bufinefs of this (late, or of the United States;)
and is and (hall have been poflelfed in his own right of a fettled freehold ettate of the
value of five hundred dollars, or of taxable property to the amount of one thouland
dollars, within the county, for one year preceding his eleflion; and whofe eliate (hall
on a reafonable eftimation, be fully competent to the difcharge of his juft debts over
and above that fum.
5. The Senate fhall elefl by ballot a prefident out of their own body.
Eledtionofpre*
sident.-
6. The Senate fhall have the fole power to try all impeachments. When fitting
for that purpofe, they fhall be on oath or affirmation;' and no perfon (hall be con-
vifled, without the concurrence of two thirds of the members prefent; judgment in
cafes of impeachment, (hall not extend further than removal from office and dif-
qualification to hold and enjoy any office of honor, truft or profit, within this (late;
but the party convifled, (hall neverthelefs be fubjed to enditlment, trial, judgment,
and puniffimeat according to law.
7. The Houfe of Reprefentatives fhall be compofcd of members from all the
counties which now are, or hereafter may be included within this (late, according to
their refpeflive numbers of free white perfons, and including three fifths of all the tloa*
people of colour : the aflual enumeration fhall be made within two years, and with-
in every fubfequent term of feven years thereafter, at fuch time, and in fuch manner,
as this convention may direfl; each county containing three thoufand perfons,
agreeably to the foregoing plan of enumeiation, (hall be entitled to two members.;
feven thoufand, to three members, and twelve thoufand to four members; but
each, county (hall have at lead one, and not more than four, members. The repre- -rime of dec-
fentatives (hall be chofen annually, on the firft Monday in November, until fuch day ti0B-
of eleflion be altered by law—until the aforefaid enumeration (laall be made, the
feveral counties (hall be entitled to the following number of reprefentatives, refpec-
tively : Camden, two ; Glynn, two ; Liberty, three; M'Intoffi, two ; Bryan, one;
Chatham, four; Effingham, twTo ; Scriven, two , Montgomery, two; Burke, three;
Bullock, one; Jefferfon, three; Lincoln, two ; Elbert, three; jackfon, two; Rich-
mond, three; Wilkes, four; Columbia, three; Warren, three; Wafliington, three;
Hancock, four; Greene, three ; Oglethorpe, three; and Franklin, two.
8. No perfon (hall be a reprefentative who (hall not have attained to the age of
twenty-one years, and have been feven.years a citizen of the United States, three tlJns*
years an ir.habitanof this (late; and have ufually refided in the county inwhich he,
CONSTITUTION.
fliall be chofen, one year immediately preceding, his .cfeel i on (unfefs he fhall have
been abfent on public bufinds of this ftate, arqfkthe. United States;) and fhall be
poffeffed, in his own right of a fettled freehold eftate of the value of two hundred ana
fifty dollars., or of taxable property to. the amount of five hundred dollars, within
the county, for one year preceding his elehljen; and whole e it ate fh all on a reafonabfe
elfimation, be competent to the difcharge.of his juft debts, over and above that uxrn,
g. The Houfe of Reprefentatives fliall clioojfe their fpeaker and other officers;. ^
fban impeach, 10> rf hey fliall have folely the power to impeach all perfons wllo have, been., ox
may be in office.
11 - No Perf°n holding any military commiflion or other appointment having any
house!cithcr emolument or compenfation annexed thereto, under this ftate, or the United States^
or either of them (except juflices of the inferior court, jultices of the peace, and officers
of the militia) nor any perfon who has had charge of public monies belonging to fch®
ftate, unaccounted for and unpaid, or who has not paid all legal taxes, or contrihu*
tions to the government, required of him, fhall have a feat in either branch of the
Members inca- General Aflembly; nor fliall any fenator or reprefentative be eleUed to any office or
tiohtooffice", appointment by the legiflature, having any emoluments or compenfation annexed
thereto, during the time for which he fhall have been ele&ed, with the above excep-
lions, unlefs he fliall decline accepting his feat, by notice to the executive, within
twenty days after he fliall have been elefted; nor fliall any member, after having
taken his feat, be eligible to any of the aforefaid offices or appointments during the
time for which he fhall have been ele&ed. ' r .
^raiAsscm- 12. The meeting of the General Aflembly fliall. be annual on the -fecoiid Tuefelay
anmuiiy, [n January, until fuch day of meeting be altered by law; a majority of each branch
fliall be authorized to proceed to bufinefs; but a fmaller number may adjourn from
day today, and compel the attendance of their members in fuch manner, as each
houfe may prefcribe. : : b
v^eoflhc ce 13. Each houfe fliall be judges of the ele&ions, returns, and .qualifications of its
members.of own members with powers to expel or punifli by cenfuring, fining, and imprifaning,
or either for diforderly behaviour, and may expel any perfon convifted of any felonious
or infamous offence; each houfe may punifli by imprifonment, during feffion, any
perfon not a member, who fliall he guilty of difrefpeH, by any; diforderly or eon*
temptuous behaviour in its prefence, or who during feffion fliall threaten harm to
the body or eftate of any member, for any thing faid or done in either houfe, or who
(hall affault any of them therefor; or who fliall affault or arreft any witnefs in going
to, or returning tlierefrom, or who fliall refcue any perfon arrefted by order of
either houfe.
14. No fenator or reprefentative fhall be liable to be arrefted during his attendance
on the General Aflembly, or for ten . days previous |o its fitting, or fo r ten days a£-
ter the riling thereof, except for treafon, felony, or breach of the peace ; nor fhall
any member be liable.to anfwer for any thing fpoken in debate, in either-hodfe, in
any court or place, elfewhere; but fhall neverthelefs be bound to anfwer. for perju*
ry, bribery or corruption.
Flc<5ion of
speaker.
Mcxibers free
ifrom anttt kl
Civil caret.
Freedom of de-
fcate.
CONSTITUTION'.
®3
15. Each houfe (hall keep a journal of its proceedings, and publifh thern imme-
keep a journal.
diately after their adjournment; and the yeas and nays of the members on any quef-
tio'n lhall, at the dehre of any two members, be entered on the journals.
.16. All bills for raifing revenue or appropriating monies fliall originate in the *etei,uc
Houfe of Reprefentatives; but the Senate fliall propofe or concur with amendments
as in other bills. «
17. Every bill fliall be read three times and on three feparate days, in each branch Ruiesforp*.
of the General Affembly, before it fliall pafs, unlefs in cafes of aftual invaflon or
infurreflion; nor fliall any law or ordinance pafs, containing any matter different from
what is exprelfed in the title thereof; and all afts fliall be figned by the prefi-
dent in the Senate, and fpeaker in the Houfe of Reprefentatives: no bill or
ordinance which fliall have been rejefted by either houfe, fliall be brought in again
during the feflion, under the fame, or any other title, without the confent of two
thirds of each branch.
18. Each fenator and reprefentative, before he be permitted to take his feat, fliall ^n.erstobG
take an oath or make affirmation that he hath not praQifed any unlawful means,
either direftly or indireflly, to procure his eleftion, and every perfon fliall be dif-
qualified from ferving as a fenator or reprefentative, for the term for which he fliall
have been elefted,. who fliall be convicted of having given or offered any bribe or
treat, or canvaffed for fuch election, and every candidate employing like means and ishei<
not defied, fliall on conviHion, be ineligible to hold a feat in either houfe or to hold
any office of honor or profit for the term of one year, and to fuch other difab ili-
ties or penalties as may be prefcribed by law.
19. Every member of the Senate or Houfe of Reprefentatives, fliall, before he ef
takes his feat, take the following oath or affirmation, to wit, " I, A. B. do folemnly
fwear or affirm, (as the cafe may be) that I have not obtained my eleflion by bribe-
ry, treats, canvaffing, or other undue or unlawful means, ufed by m^felf, or others
by my defire or approbation, for thatpurpofe; that I confider myfelf ednftitiftion-
ally qualified as a fenator or reprefentative; and that on all queftiorts and meafures
which may. come before me, I will give my vote, and fo condufl myfelf, as may,
in my judgment, appear mod conducive to the intereft and profperity of this
ft^te; and that, I will bear true faith and allegiance to the fame; and to the litmoft of
my power and ability obferve, conform to, fupport and defend the conftitution
thereof." . ,
20. No perfon who hath been, or may be convifled of felony, before any court General dis-
of this ftate, or any of the United States, fliall b.e eligible to any office or appoint- quallii"tto
mbnt of honor, profit, or truft, within this ftate. '
21. Neither houfe, during the feflion of the General Affembly ffiall, without Adjournment
the confent of the other, adjourn for more than three days, nor to any other place, tirclcIcsisla"
than that at which the two branches ffiall be fitting; apd in cafe of difagreement be-
tween the Senate and Houfe of Reprefentatives with refpe£t to their adjournment,
the governor may adjourn them.
a 4
CONSTITUTION1.
22. The General AfTcmbly fhall have power to make all laws and ordinances,
which they fhall deem neceffary and proper for the good of the date, which fhall not
be repugnant to this conditution.
^ 23. They fhall have power to alter the boundaries of the prefent counties* &nd
atw oi.w. jay ones, as well out of the counties alreadv laid off, as out of the'othef
territory belonging to the date; but the property of the foil, in a free government,
being one of the effential rights of a free people, it is neceflary, in order to avoid
clifputes, that the limits of this date fhould be afcertained with prccifion and exabtnefs;
and this convention compofed of the immediate reprefentatives of the people, chofen
by them to affert their rights, and to revife the powers given by them to the govern-
nech*atsonof mcnt, and from whofe will, all ruling authority of right flows, DOTH affert and de-
theouie.-^0 clare the boundaries of this date to be as follow; That is to fay, the limits, boundaries,
jurifdibtions and authority, of the date of Georgia, do, and did, and of right ought
to extend from the fea, or the mouth of the river Savannah, along the northern
branch, or dream thereof, to the fork or confluence of the rivers now7 called Tugalo
and ICeowee, and from thence along the mod northern branch or dream of the
, faid river Tugalo, till it interfefts the northern boundary line of South Carolina. If
the faid branch or dream of Tugalo extends fo far north, referving all the iflands in
the faid rivers Savannah and Tugalo to Georgia; but if the head fpring or fource of
any branch or dream of the faid river Tugalo, does not extend to the north boun-
dary line of South Carolina, then a wed line to the Miflifippi, to be drawn from the
head fpring or fource of the faid branch ot dream of Tugalo river, which extends
to the higheft northern latitude; thence down the middle of the faid river Miflifippi,
until it fliall interfebl the northernmod part of the thirty-firft degree of north latitude;
fouth by a line drawn due eatt, from the termination of the line lad mentioned, in
the latitude of thirty-one degrees north of the equator, to the middle of the river
Apalachicola or Chatahoochee; thence along the middle thereof, to its junblion with
Flint river, thence draight to the head of St. Mary's river, and thence along the
middle of St. Mary's river to the Atlantic ocean; and from thence to the mouth or
inlet of Savannah river, the place of beginning. Including and comprehending all
the lands and waters within the faid limits, boundaries and jurifdiblional rights; and
alfo, all the iflands within twenty leagues of the fea coad. And this conven-
tion doth further declare and affert, that all the territory without the prefent tem-
porary line and within the limits aforefaid, is now, of right the property of the free
citizens of this date, and held by them in fovereignty, inalienable but by their confent:
The'ie'. lamre ^ rov^6^ neverlh^lefs, That nothing herein contained fhall be condrued, fo as to
sSliwh?6 Prevent a fa-e to> or contrabl with the United States, by the legidature of this date,
niEdsutcsU" an<^ ^or or any Part weftern territory of this date, laying weftward of
the river Chatahoochee, on fuch terms as may be beneficial to both parties; and may
procure an extenfion of fettlement, and an extinguilhment of Indian claims, in and
_ to the vacant territory of this date, to the ead and north of the faid river Chatahoo-
~to- wLhidxuerrkory fuch power or contrabl or fale, by the legiflature, fliall not
Pr.vico. extend: And .provided alfo, Thq legiflature may give its confent to tlie edablifliment
of one or more governments weftward thereof; but monopolies of land by indi-
no monopolies viduals, being contrary to the fpirit of our free government, no fale of territory of this
permuted. ^ate? or any part thereof, fhall lake place to individuals, or private companies, un-
lefs a county or counties fhall have been fird laid off, including fuch territory, and
the Indian rights fhall have been extinguifhed thereto.
CONSTITUTION.
2:4. The foregoing feftion of this article having declared the common rights of the S«ncS\
free > citizens of: this ft ate, in and to all the territory without the prefcnt temporary tuUona!,yvoi4,
boundary line, and within the limits of this hate, thereby defined, by which the
contemplated purchafes of certain companies of a confiderable portion thereof are
become conftitutionally void, and juftice and good faith require, that the ftate fhould
not detain a.confideration for a contraft, which has failed; the legiflature at their coMjd«iti«
next feflion, fhall make provifion bylaw, for returning to any perfon or perfons, who ° crc
has or have bona jidt depofited monies for fuch purchafes in the treafury of this (late :
Provided^ That the fame fhall not have been drawn therefrom in terms of the aft
palled the thirteenth of February, one thoufand feven hundred and ninety-fix, com-
monly called the refcinding aft, or the appropriation laws of the years one thoufand
feven hundred and ninety-fix, and one thoufand feven hundred and ninety-feven and never tn b?
nor fhall the monies, paid for fuch purchafes, ever be deemed a part of the funds of of the public
this ftate, or be liable to appropriation as fuch; but until fuch monies be drawn from 113 "
the. treafury, they fhall be eonfidered altogether at the rifque of the perfons who
have depolited the fame. No money lhall be drawn out of the treafury, or from
the public funds of this ftate," except by appropriation made by law, and a regu-
lar ftatement and account of the receipts and expenditures of all public monies, fhall
be publifhed fom time to time. No vote, refolution, law, or order, fhall pafs the
General Affembly, granting a donation or gratuity in favor of any perfon whate- granted-
ver, but by the concurrence of two thirds of the General Affembly.
25.- It fhall be the duty of the juftices of the inferior court., or any three of them,
in each county refpeftively, within fixty days after the adjournment of this conven-
tion, to appoint one or more fit perfons in each county, not exceeding one for each
battalion diftrift, whole duty it fhall be to take a full and accurate cenfus or enumera-
tion of all free white perfons,- and people of color, refiding therein, diftinguifhing, in
feparate columns, the free white perfons from perfons of color; and return the fame
to the clerks of the fuperior courts of the feveral counties, certified under their hands,
on or before the firft day of December next—the perfons fo appointed, being firft fe-
verally fworn before the (aid juftices, or either of them, duly and faithfully to perform
the truft repofed in them, and it ffiah be the duty of the faid clerks, to tranfmit all
fuch returns, under the feal, direfted to the fpeaker of the Houfe of Reprefentatives,
at the firft feflion of the legiflature thereafter : and it fhall be the duty of the Gene-
ral Affembly, at their faid firft feflion, to apportion the members of the Houfe of
Reprefentatives among the feveral counties, agreeably to the plan prefcribed by this
conftitution, and to provide an adequate compenfation for the taking of the faid
•cenfus. Every perfon, whofe ufual place of abode fliall be in any family on the
firft Monday in July next, fhall be returned as of fuch family, and every perfon,
occasionally abfent at the time of taking the enumeration, as belonging to that place
in* which he ufually refides. The General Affembly fhall, by law, direft the manner
of taking fuch cenfus or enumeration, within every fubfequent term of feven years, ^
in conformity to this conftitution. And it is declared to be the duty of all officers,
civil and military, throughout this ftate, to be aiding and affifting in the true and faith-
ful execution thereof. In cafe the juftices of the inferior courts ffiould fail to make
fuch appointments, or if there ffio-uld not be a fufficient number of fuch juftices in
-any county, then the juftices of the peace, or any three of them, fhall have and
exercife like powers and authority refpefting the faid cenfus; and if the cenfus or
D
26
CON STIfUTIGrj.
enumeration of any county Hi all not be fo fata* an-d returned* then, and in that'cafe,
the General Affembly fhall appqaaion the reprefentation of fuch county, according to
the belt evidence in their power," relative to; its population.
y . ARTICIaEbll. ^ >b;
SA\°v.oho" 1* The executive power iliall; be vefted in >a,-governor,- who ffiall hold hisfoffice
scars. during the term of two years, and until fuch time as a fucceffpr fhalLhe. chofen and
qualified; he ill all have a competent falary eftablifhed by law, 'which ihall not.be
increafed or diminiihed during the period for which he ihall have been-dlebled, neither
. ill all he receive, within that period, any other emolument; from the Uinited-States^ vOr
either of them, or irom any foreign power.
£^ffibwuleraJ 2- The governor ill all he elefled by the General A ffembly, at theirffecond annual
feffion after the riling of this convention, and at every fecond annual feffion thereafter,
on the fecond day after the two houfes Ihall be organized and competent proceed
to bufinefs.
mi?qualifies- 3. No perfon Ihall be eligible to the office of governor, who ffialLnot have-been
*** a citizen of the United States twelve years, and an inhabitant of thislilta-fix year!,
and who hath not attained to the age of thirty years, and who does not ppffefs fivse
hundred acres of land, in his own right, within this ftate, and other propertyitQ the
amount of four thoufand dollars, and whofe eftate ihall not on a reaionable efti-
mation, be competent to the difcharge of his debts, over an&ahftvejtltetThm. > * &
vacancy,Uow 4- In cafe of the death or refignatiqn, or difability of?•
finest. the Senate ihall exercife the executive powers -of jlg0vertfm£ntr
be removed, or until the next meeting of the General Alfemfttav.--vta ^ v
5. The governor ihall, before he enters an the duties pif hjr offiee,;T^© ihe:?foI-
cwimocs ]owing oath or affirmation : " I do folemnly fwear or affirm (a the cafe iftay ho)
that I will faithfully execute the office of governor of; tht ft at© of Georgia,*, and
will to the beft of my abilities, preferve, protebf and defend the laid ftate, andicaufe
juftice to be executed in mercy therein, according to the conftitution and lawsfthereof
ul* ayfe. § He ihall be commander in chief of the army and navy of this ftate, an d .; of the
militia thereof.
SgfamTar- 7* He ihall have power to grant reprieves for offences agmnft the ftate^ ex£e|xt
££b,&c\ cafes of impeachment, and to grant pardons, prto. remit any part pi7 aifentence^ ift#ft
cafes after conviflion, except for, treafon or murder, in which -cafes: he may tapfe©
the execution, and, make report thereof tp the next General Affembly, by .whom^
pardon may be granted.
SSionsn&c. 8. He fliall iffue writs of elefiion to £11 up,^lI:Taiqam(jes/lha| h.appei|}in.'^tfe'-Seriafo>
or Houfe of Reprefentatives, and ftiall have ;Powerto:€Gnvene;theGeneral AjQfembly
on extraordinary occasions j and ihall ,give them from time to time information of
the ftate of the republic, and recommend to their.conftderationriUofr n\eafth es as he
may deem neceffary and expedient.
CONSTITUTION.
27
9. When'any office ffiall beeorpG vacant by death, refignation or othfcrwife, tl C ic'-i. moJttce."
governor ffiillhave the power to fill fuch vacancy; and perfons- fo appointed, {hall
continue in office until g fucfcefl.br is appointed agreeably to the mode pointed out by
this conftitutiori, or by the lcgiilature.
10. He ffiall have the revifion of alt Tills palled in both houfes, before the fame
fnaU become laws, but two thirds of both houfes may pafs a law notwithflanding his^"'^
diffent; and" if any bill fbould not be returned by-the governor within five days af-
ter it hath been printed to him, the fame flu all be a law, imlefs the General Affem-
bly, by -their adjournment, ffiali prevent its return.
11. Every vote, refolution, or order, to which the concurrence of both houfes and
may be neceffary, except 011 a queftion of adjournment, fliall be prefented to the selutl0n«-
governor; and before it fliall take effeft, be approved by him, or being difap-
proved, may be repafled by two thirds of both houfes, according to the rules and
limitations prefcribed in cafe of a bilk
12. There fhall be it Secretary of the fiate, a treafurer and a furveyor general, ap- Secrefc)l.7<lf
pointed in the fame manner, and at the fame feffion of the legiflature, and they «ute, trcaau*
i * rcr alia survfcv*
fhall hold their offices for the like period as the governor, and fliall have a competentor
falary, including fuch emoluments as may be eftablifhed by law, which fliall not be
increafed or diminiffied during the period for which they fliall have been clefcled.
13. The great feal of the ftate ffiall be ctepofited in the office of fecretary of fiate, erertMal#f
and fhall not be affixed to any infirument of writing, but by order of the governor thesUte»
or General Aflembly; and the General Affenibly fhall, at their ffrft feffion after the
rifing of this Convention, caufe the great feal to be altered by law. to be aitVn*.
14. The'governor4 fhall have powfcr to appoint his own fccretaries.
, Covernor toajw
point his sccre-
ARTICLE III.
1. The judicial powers of this fiate (hall be veiled in a fuperior court, and in filch
inferior jurifdffitions as the legislature fliall from time to time, brdain and effabliffi. jmicuipom*.
The judges of the fuperior courts fhall be ele£led for the term of three years, re-
movable by the governor on the addrefs of two thirds of both houfes for that pur- sup^cSfrt
pofe, or by impeachment and conviction thereon. The fuperior court fliall.have three years,
exclufive and final jurifdiflion in all criminal cafes, which fhall be tried in the county ab£.rein°v~
wherein the crime was coipmitted, and in all cafes refpefiling titles to land, which tio^wirw?'
fhall be tried in the county where the land lies ; and ffiall have power to corre£t er-
rors in inferior judicatories by writs of certiorari, as well as errors in the fuperior
•courts, and to order new trials on proper and legal grounds: Provided, that fuch
mew frials fhall be determined, and fuGh errors corrected, in the fuperior court of ***&*.
the county in which fiich afiti-on originated. And the faid court ffiall alfo have ap-
pellate jurifdifitiort in fuch other tales, as the legiflature may by law direfit, wliich
fliall in no cafe tend to remove the caufe from the County in which the action origina-
ted; and the judges thereof, in all cafes of application for new trials, or corre&ion
of errors, ffiall enter their opinions on the minutes of the court. The inferior courts
fhall have cognizance of all other civil Cafes, which ffiall be tried in the County power of mfe4
wherein the defendant refides, except in cafes of joint obligors, refiding in differentriorcw>rB*
counties, which may be commenced in either county; and«, copy of the petition
2
2-8
CONSTITUTION.
and procefs, fervcd on the party or parties refiding out of the county in which the
concurrent 'o may commenced, fhall be deemed lufficient fervice, under fuch rules and regu-
lati°ns as tne legiflature may direct: but the legislature may, by law, to which two
superior courts, ^rds of each branch may concur, give concurrent jurifdiction to the fuperior courts.
cou\s to sit The fuperior and inferior courts (hall fit in each county twice in every year, at fuch
tw^year. times as the legiflature fhall appoint.
Judges to have
salaries.
2. The judges fhall have falaries, adequate to their fervices, eftablifhed by law,
which fhall not be increafed or diminifhed during their continuance in office ; but
fhall not receive any other perquifkes or emoluments whatever, from parties or others,
on account of any duty required of them.
State's attorney
and solicitors.
To have safe-
Tics.
3. There fhall be a Rate's attorney and folicitors appointed by the legislature, and
cornmiffioned by the governor, who fhall hold their offices for the term of three years,
unlel's removed by fentence on impeachment, or by the governor, on the addrefs Of
two thirds of each branch of the General Affembly. They fhall have-falaries ad-
equate to their fervices, eftabliffied by law, which fhall not be increafed or diminifhed
during their continuance in office.
Appointment
«f justices of
the inferior
May he Cdttu
yensated.
4. Juftices of the inferior courts fhall be appointed by the General Affembly, and
be cornmiffioned by the governor, and fhall hold their commiffions during good be-
haviour, or as long as they refpe&ively refide in the county for which they fhall be
appointed, unlefs removed by fentence on impeachment, or by the governor, on.the
addrefs of two thirds of each branch of the General Affembly. They may be
compenfated for their fervices, in fuch manner as the legiflature may by law direct.
justices of the 5> The juftices of the peace fhall be nominated by the inferior courts of the feverat
peace* counties, and cornmiffioned by the governor, and there fhall be two juftices of-the
peace in each captain's diftri£t, either or both of whom, fhall have power to try ?\\
Theirjuri*^ cafes of a civil nature, within their diftrift, where the debt or liquidated demand does
not exceed thirty dollars, in fuch manner as the legiflature may by law dire£t. They
fhall hold their appointments during good behaviour, or until they fhall be removed
by conviftion on endi&ment in the fuperior court, for mal-pra£tice in office, or for
any felonious or infamous crime, or by the governor, on the addrefs of two thirds of
each branch of the legiflature.
Court of ortli-
nary..
Appeal to the
superior court,
6. The powers of a court of ordinary or regifler of probates* fhall be veffed in
the inferior courts of each county, from whofe decifion there may be an appeal to the
fuperior court, under fuch reftrittions and regulations as the General Affembly may
by law direQ:; but the inferior court fhall have power to veil the care of the records
and other proceedings therein, in the clerk, or fuch other perfon as they may appoint,
and any one or more juftices of the faid court, with fuch clerk or other perfon, may
iffue citations, and grant temporary letters, in time of vacation, to hold until the next
Marriage liccn-meeting of the faid court; and fuch clerk or other perfon may grant marriage
fC3' licenfes.
7. The judges of the fuperior courts, or any one of them, fhall havepowerlto iffu^r
writs of mandamus, prohibition, fcire facias, and all other writs which may be necef-
fary for carrying their powers fully into effe£t»
CONSTITUTION.
29
8. Within .five years after the adoption of this conftitution, the body of our laws,
civil and criminal, fhall be revifed, digefted.and arranged, under proper heads, and lavrs, civil and
promulgated in fuch manner as the legiflature may dired; and no perfon fhall be
debarred.from advocating or defending his caufe before any court or tribunal, either
by himfelf or counfel, or both. £lthout co«n-
g. Divorces fhall not be granted by the legiflature, until the parties fhall have had Divorce*,
a fair trial before thefuperior court, and a verdid fhall have been obtained, authori-
zing a divorce upon legal principles. And in fuch cafes, two thirds of each branch of
the legiUatilre may ipafs ads of divorce accordingly.
10. The clerks of the fuperior and inferior courts fhall be appointed in fuch man- clerk*-
ner as the legiflature may by law dired, fhall be commiflioned by the governor, and
fhall continue in office during good behaviour.
11. Sheriffs fhall be .appointed in fuch manner as the General Aflembly may by sheim
law dired, and fhall hold their appointments for the term of two years unlefs fooner-
removed by fentence on impeachment, or by the governor, on the addrefs of two
thirds of the juftices of the inferior court and of the peace in the county ; but no
perfon fhall be twice eleded fheriflf within any terfci of four years ; and no county
officer after the next eledion fhall be chofen at the time of eleding a fenator or re-
prefentative.
ARTICLE IV.
1. The eledors of members of the General Aflembly, fhall be citizens and in- Qualification of
habitants of this ftate, and {hall have attained the age of twenty-one years, and have elei}p""
paid all taxes which may have been required of them, and which they have had an
opportunity of paying, agreeably to .law, for the year preceding the eledion, and
fhall have refided fix months within the county : Provided, that in cafe of invafion,
and the inhabitants fliall be driven from any county, fo as to prevent an eledion
therein, fuch refugee inhabitants, being a majority of the voters of fuch county, may
meet under the diredion of any three juftices of the peace thereof, in the nearelt
county, not in a date of alarm, and proceed to an eledion, without having paid fuch
tax fo required of\eledors, and the perfons eleded thereat, fhall be entitled to their
feats.
-2, AlLelfidrons, .by the General Aflembly, fhall be by joint ballot of both branch- Kea:<>n3bythfi
cs of the legiflature; and when the Senate and Houfe of Representatives unite for b^obVby
the purpofe of eleding, they fhall meet .in the reprefentadve chamber, and the prefi- i°int ball8t-
dent'.of the Senate fhall in fuch cafes prefide, receive the ballots, and declare the per-
Ion or qperfons eleded. In all eledions by the people, the eledors fhail vote viva
voce, until the legiflature fhall otherwife dired.
3. The general officers.of the militia fhall be eleded by the General Aflembly, and Msiitia officers,
fhall be commiflioned by the governor. All other officers of the militia fhall be eleded commissioned,
in fuch manner as the legiflature may dired, and fhall be commiflioned by the gover-
nor.; and all militia officers now in commiflion, and thofe winch may be hereafter
commiflioned, fhall hold their commiflions during their ufual refidence within the di-
vifion, brigade, regiment, battalion, or company, to which they belong, unlefs remo
3*>
CONSTITUTION.
vcd by fentence of a court martial,'.or by the governor," on the addrefs of two thirds
of each branch of the General Aflcmbly.
Perronsi>pmn-
tU f > till
vicv
4. All perfons appointed by the legiflature to fill vacancies, fhall continue in office
only fo long as to complete the time for which their predeceliors were appointed.
5* Freedom of the prefs and trial by jury, as heretofore ufed in this ftate, fhall
IxfSrtfaat* remain inviolate; and no cxpofifatlo law fhall be.paffed.
Further dis-
qu.ili'ications
tj oTace.
6. No perfon, who heretofore hath been, or hereafter may be a toffeflor, or
holder of public monies, fhall be eligible to any .office in this .ftate, until fiich per-
fon Ihall have accounted for, and paid into the treafury, all fums for which he may
be accountable or liable.'
TVhtors insert-
sent.
7. The perfon of a debtor, where there is not a ftrong prefumption of fraud,
fhall not be detained in pr'ifon,' after delivering, bona fide, all his eftate real and-per-
fonal for the ufe of his creditors, in fiich manner as fhall be hereafter, regulated by
law.
rorhiercomic- 8. Convi&ions on impeachments, which have heretofore taken place, are hereby
?eMh™eSli releafedj and perfons lying under fuch conviflions, reftored to citizenffiip.
annulled.
Hab.as corpus. g. The writ of habeas corpus fhall not be fufpended unlefs'when in cafe of re-
bellion, or invafion, the public fafety may require it.
F/re exercise 16. No perfon-within this ftate, fhall upon any pretence, be deprived of the'
o reigion. jncftimable privilege of worfhipping God, in a manner agreeable to his own con-
fcience, nor be compelled to attend any place of worfhip, contrary to his own faith*
and j udgment, nor flrall he ever be obliged to pay tithes, taxes, or any other rate,
for the building or repairing any place of worfhip, or for the maintenance of any
minifier or miniftry, contrary to what he believes to be right, or hath voluntarily
engaged to do. No one religious fociety fhall ever be eftabliflhed in this flate in
preference to another, nor fhall any perfon be denied the enjoyment of any civil
right merely on account of his religious principles.
siav«s not to be li. There fhall be no future importation of flaves into this ftate from Africa, of
iFSsr any f°fe^n place, after' the firft day of OQober next. The legiflature fhall have
^conWof no power to pafs laws for the emancipation of flaves, without 4he confcnt of each
of their rcfpefilive owners previous to fuch emancipation. They fhall have no
power to prevent emigrants, from either of the United States to this ftate, from;
bringing with them fuch perfons as may be deemed flaves, by the laws of any one
of the United Sates.
punLbmentfet 12. Any perfon who'jffiall niaiiciouny unmemuer, or deprive a Have of life,
fhall fuffer fuch punifhment as would be infli£fed in cafe the like, offence had been
committed on. a free white perfon, and on the like proof, except in cafe of infur-
reflion by fuch Have, and unlcfs fuch death fhould happen by accident, in giving
fuch flave moderate corre&ion.
.CONSTITUTION.
13. The arts ancl fciences fhall be promoted in one or more feminaries of Icarn-
ing, and the legislature, fhall, as fopn as conveniently may be, give fuch further
donations and privileges, to thofe already eftablifhed, as may be necefiary to fecure
the objefts of their iriftitution; and it fhall be the duty of the General Alfcmbly at
their next feffion, to provide effe&ual meafures for the improvement and permanent
fecurity of the funds and endowments of fuch inftitutions.
14. All civil officers fhall continue in the exercife of the duties of their feveral or**
fices, during the periods for which they were appointed, or until they fhall be fuper- Continuance of
ceded, by appointments made in conformity to this conftitution: And all laws now ^h0U4,1U0*'
in force, fhall continue to operate, fo far as they are compatible with this conftitution,
until repealed ; and it fhall be the duty of the General Affembly to pafs all necefiary
laws and regulations, for carrying this conftitdtion into full effctt. ' ' This con«tit«-
tion to be car-
rieil into effect
15. No part of this conftitution fhall be altered, unlefs a bill for that purpofe, fpe- 5?® le°"la'
cifying the alterations intended to be made, fhall have been read three times in the Powtobeal_
Houfe of Reprefentatives, and three times in the Senate, on three feveral days in each tcrcd-
houfe, and agreed to by two thirds of each houfe refpeftively; and when any fuch
bill fhall be paffed in manner aforefaid, the fame fhall be publifhed at leaft fix months
previous to the next enfuing annual eleflion for members of the General Affembly;
and if fuch alterations, or any of them fo propofed^ fhall be agreed to in their firft
feffion thereafter,-by two thirds of each branch of the General Affembly? after the
fame fhall have been read three times, on three feparate days in each refpettive houfe,
then, and not otherwife, the fame fhall become a part of this conftitution.
WE, the underwritten delegates of the people of the flate of Georgia, chofen and
authorized by them to revife,"alter or amend the powers and principles of their
government, DO declare, ordain and ratify the feveral articles and fe£Uons con-
tained in the fix pages hereunto prefixed, as the conftitution of this ftate; and the
fame fhall be in operation from the date hereof.
3fn Cegttmoni) WE, and each of us refpe&iVely, have hereunto fet
our hands, at Louifville, the feat of government," this thirtieth day of May, in
the year of our Lord one thoufand feven hundred and ninety-eight, and in the
twenty-fecond year of the independence of th$ United States of America; and
have caufed the great feal of the ftate to be affixed thereto.
Article 4th, fe&ion 11th, and firft line, the following words being interlined, to wit,
" After the firft day of O&ober next,"
JARED IRWIN, President, and delegate from Wafhington.
Bryan. JOHN MORRISON,
JOSEPH CLAY, JNO. MILTON.
J. B. MAXWELL,
TNO. PRAY. Bulloch.
JAMES BIRD,
Burke. ANDREW E. WELLS,
BENJAMIN DAVIS, CHARLES M'CALL, Jun.
CONSTITUTION,
Camden.
JAMES SEAGROVE,
THOMAS STAFFORD.
Chatham. ,
JAMES JACKSON,
JAMES JONES,
GEORGE JONES,
Columbia.
}AMES SIMMS,
WA. DRANE,
JAMES M'NEAL.
Effingham.
JOHN KING,
JOHN LONDON,
THOMAS POLHILL.
Elbert.
WILLIAM BARNETT,
R. HUNT,
BENJAMIN MOSELY.
Franklin.
A. FRANKLIN,
ROBERT WALTERS,
THOMAS GILBERT.
Glynn.
JOHN BURNETT.
JOHN COUPER,
THOMAS SPALDING.
G'> "ene.
G. W. FOSTER,
JONAS FAUCHE,
JAMES NISBET.
Hancock.
CHARLES ABERCROMBIE,
THOMAS LAMAR,
MAT. RABUN.
Jackfon.
GEORGE WILSON,
JAMES PITTMAN,
JOSEPH HUMPHRIES.
Liberty.
JAMES COCHRAN,
JAMES POWELL,
JAMES DUNWODY.
Lincoln.
HENRY WARE,
GIBSON WOOLDRIDGE,
JARED GROCE.
M^IntoJh.
JOHN FI. MUNTOSH,
JAMES GIGNILLIAT.
Montgomery.
BENJAMIN HARRISON}
JOHN WATTS,
JOHN JONES.
Oglethorpe.
JNO. LUMPKIN,
THOMAS DUKE,
BURWELL POPE.
Richmond.
ROBERT WATKINS,
ABRAHAM JONES.
Sc riven.
LEWIS LANIER,
JAMES H. RUTHERFORD^
JAMES OLIVER.
Wajhington.
JOHN WATTS,
GEORGE FRANKLIN.
Warren.
JOHN LAWSON,
ARTHUR FORT,
W. STITH, Jun.
Jefferfon. ' Wilkes.
PETER I. CARNES, MAT. FALBERT,
WILLIAM FLEMING, JESSE MERCER,
R. D. GRAY. BENJ. TALIAFERRO*
Attejl, JAMES M. SIMMONS, Secretary,
ACCOUNTS. 33
An aft to regulate the manntY of keeping public accounts within this fate.
l. "Of E IT ENACTED* by the Senate and Houfe of Rcprefentatives of the fate oj to i^kcPt m
JO Georgia, in General AJfembly fact, and by the authority of the fame, That, from
and after the firft day of March, one thoufartd feven hundred and ninety-fix, all ac-
eotintsin the "public offices, and all the accounts of the tax colleftors of this Hate, fhall be
expreffed in dollars* or units, difmes* Or tenths, cents or hundredths, and mills or thou«*
fands; a difme being the tenth part of a dollar, a cent the hundredth part of a dol-
lar, a mill the thoufaridth part of a dollar.
'2. And be it further enaBed, That the Verdift of all juries, on all contrafts which
fhall be made after the firft day of March next fhall be exprefted conformable to this {a^;sdindo!-
regulation.
THOMAS STEVENS, Speaker of the Iiovfe of Reprefent alive s.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred* February 22, 1796.
JARED IRWIN, Governor.
An aB for limitation of aBions, and for avoiding of fiats in law.
FOR quieting of mens' eftates, and for avoiding of fuits, Be it enaBed, That all
writs of formedon in defender, formedon in remainder, and formedon in re- yeanseven
yertir, of any lands, tenements, or hereditaments, or any other writ, fuit or aftion
whatfoever, at any time hereafter to be fued or brought, by occafion or means of
any title or caufe heretofore accrued, happened or fallen, or which may hereafter
defcend, happen or fali, fhall be fued and taken within feven years next after the paff-
ing of this aft, or after the title and caufe of aftion (hall or may defcend or accrue
to the fame* and at 110time after the faid feven years; and that no perfon or perfons
that now hath or have, or which hereafter may have, any right or title of entry into
any lands* tenements or hereditaments, fhall at any time hereafter make any entry,
but within feven years next after the palling of this adl, or after his or their right or
title fhall of may defcent or accrue to the fame; and in default thereof, fuch perfon
fq not entering, and their heirs, fhall be utterly excluded and difabled from inch en-
try after to be made: Provided neverthelefs, That if any perfon or perfons that is or Prov?i9'
ilia]] be entitled to fuch writ or writs, or that hath or fhall have fuch right or title of
entry, be, or fhall be, at the time of fuch right or title firft defcended, accrued, come
or fallen, within the age of one and twenty years* feme-coverts, non compos mentis, im-
prifoned, or beyond feas, that then fuch perfon and perfons, and his and their heir
and heirs, fhall and may, notwithftanding the faid feven years are expired, bring his,
Her or their aftion, or make his, her or their entry, as he, fhe or they might have
done before this aft, fo as fuch perfon and perfons, or his, her or their heir and heirs,
fliall, within three years next after his, her or their full age, difcoverture coming of
found mind, enlargement out of prifon, or returning from beyond feas, take benefit
of and fue for the fame, and at no time after the faid three years.
2. And for the better and more perfeft quieting, of mens' poffeffions and eftates, Quiet posses-
and avoiding of fuit®, Be it further enaBedThat all and every perfon and perfons SSXSiS*
wftatfoevep, now in poffeffion. of any lots, lands, tenements or hereditaments what--utU"
E
34
ACTIONS, LIMITATION OF.
foever,. within this province, derived from any grant, allotment or other power or
authority whatfoever, by, from or under the late truftees for eftabliffiing this colony,
or their prefident and affiftants, or from any other perfon or perfons whatfoever
under their authority, or by or from any grant from his late majefty (of bleffed
memory), or from his prefent majefty, or by or under any laft will and teftament,
purchafe or purchafes, whether by deed of gift, bill of fale or other conveyance
^whatfoever, for lawful or valuable confideration, and where the perfon or perfons
now in polfelTion of the faid lands, tenements or hereditaments, do polfefs, hold
and claim the fame, as of his, her or their own proper right in fee limple, and the ,per-
Ion or perfons To in polfeffion, or the perfon or perfons under whom they claim,
have feverally or fucceffively been quietly poflefled of the fame under any of the
titles, ways or means aforefaid, and without lawful interruption by fuit or a61 ion at
law a61ually commenced, enjoyed the fame for the fpace of twenty years before the
palling of this atl, that then fuch perfon and perfons as fo in polfeffion as aforefaid,
ihall have good right and title to the fame, and fhall have, hold.and enjoy the faid
lands, tenements and hereditaments, unto him, her or them, his, her or their heirs
or affigns for ever in fee fimple, againft all and every other perfon and perfons
whatfoever, any thing herein before contained to the contrary notwithftanding.
vmier cwm- 3- And be it further enabled, by the authority aforefaid, That not only the perfon
ufc m,mncr'.n or perfons who are or fhall be hereafter barred, by not fuing or profecuting his or
their claims to any lands, tenements or hereditaments in this province within the time
limited by this a6t, but alfo all manner of perfons whatfoever, that fhall at any time
claim under fuch perfon or perfons who have loft or may hereafter lofe their
right, by negle6fing,to fue and profecute his or their claim as aforefaid, fhall be in.likd
manner barred by this a6t as his, her or their anceftor or anceftors, or thofe under
whom they claim, were or would have hereby been, and that this a61, and fuch claiufe
or claufes herein as relate to the matters aforefaid may be given in evidence to atif
jury upon trial of any clciim, matter or right to any lands or tenements in queftion;
between party and party, and that the chief juftice and judges upon all fuch trials
fhall allow the fame to be given in evidence, fo far as the fame concerns the faid matV
ter in difference.
to lands 4. And to prevent any difputes how claims are to be made to lands, and what claims
•r.iy. /SJ1 fhall be allowed to be good and effe6tual in this province, and that the poffeffors of
lands may know how and in what manner other perfons having or laying claim to any
lands or tenements in their polfeffion muft claim the fame, and alfo that perfons ha-
ving right or title to lands or tenements poffeffed by others may the better know how
to claim or demand their right in fuch cafe, Be it enabled, That all and every perfon
and perfons whatfoever, making claim to any lands or tenements in this province, in
order to make fuch claim effeflual, fhall and are to make the fame by abtion at law?)
duly entered in the general court of pleas in this province, and that the chief juftice
and judges of the faid court do allow of no claim to any lands or tenements, for or
by any perfon or perfons, in any fuit or fuits that may be brought, fued'or profec'Cu
ted in the faid court, other than what is or has been made by aflion or fuit on record as
aforefaid, any law, cuftom, ufage or pra6tice to the contrary notwithftanding.
|.c^onai°fc°f 5- ^nd be it further enabled, That all aflions of trefpafs, quare claufum fregit, aft
tions. a6tions of trefpafs, detinue, adlions of trover, and replevin for taking away goods
and cattle, all afiions upon account and upon the cafe, (other than fuch accounts as
concern the trade of merchandize between merchant and merchant, their fa6lors or
fervants, all aflions of debt grounded upon any lending or contra6t without fpeci'al-
ACTIONS, LIMITATION OF.
35
ty, all aBions of debt far arrearages of rent) and all aBions of affault, menace, and
battery, wounding and imprifonment, or any of them, which fhall be fued or brought
at any time after the palfing of this aft, fhall be commenced and fued within the
time and limitation herein after expreffed, and not afterwards, that is to fay, the faid
aBions upon the cafe (other than'for {lander) and the faid aflions for account, and
the faid aBions for trefpafs, debt, detinue, and replevin for goods and cattle, and the
faid aBions of trefpafs, quare claufum fregit, within three years next after the paffing^
of this aB, or within four years next after the caufe of fuch aBions or fuits and not
after; and the faid aBions of trefpafs, affault, battery, wounding, imprifonment, or
any of them, within one year after paffing this aB, or within two years next after the
caufe of fuch aBion or fuit, and not after; and the laid actions upon the cafe for
words, within fix months after paffing of this aB, or within fix months next after the
words fpoken, and not after.
6. Andneverthelefs be it enaBecl* That if in any of the faid aBions or fuits, judg- rncweofr*.
ment fhall be given for the plaintiff, and the fame be revei fed by error, or a verdiB mcnt, <£rc. par-
pafs for the plaintiff, and upon matter alledged in arrell of judgment, the judgment ^witumpnc
be given againfi: the plaintiff, that he take nothing by his plaint, writ or any the faid ac.-
tions fhall be brought by original, and the defendants therein be outlawed, and fhall
after revife the outlawry, that in all fuch cafes the party plaintiff, his heirs, executors,
or administrators, as the cafe fhall require, may commence a new aBion or fuit from
tim.e.to time, within a year after fuch judgment revifed, or fuch judgment given againft
the plaintiff, or outlawry reverfed, and not after.
7. And be it further enacted by the authority aforefaid, That in all aBions of tref-
pafs, quare claufum fregit hereafter brought, wherein the defendants fhall difclaim in a
his or their plea, to make any title or claim to the land in which the trefpafs is by thel'"toaaitjns-
declaration fuppofed to be done, and the trefpafs be by negligence, or involuntary,
the defendant or defendants fhall be admitted to plead a difclajmer, and that the tref-
pafs was by negligence or involuntary, and a tender or offer of fufficient amends for
fuch trefpafs before the aBion brought, whereupon, or upon fome of them, the plafn-
tiff or plaintiffs fhall be enforced to join iffue, and if the faid iffue be found for the
defendant or defendants, or the plaintiff or plaintiffs fhall be non-fuited, the plaintiff
or plaintiffs fhall be clearly barred from the faid aBions, and all other fuit concerning
the fame.
8. And be it further enabled, That in all aBions upon the cafe for flanderous words,
to be fued or prdfecuted by any pcrfon or perfons in the general court in this province, ^ole'cof's
or in any other court having power to hold plea of the fame, after the paffing of this thandama^?-
aB, if the jury upon the trial of the iffue in fuch aBion, or the jury that fhall enquire,
of the damages, do find or affefs the damage under forty (hillings, then the plaintiff
or plaintiffs in fuch aBion fhall have and recover only fo much cofts as the damages fo
given or affeffed amount unto, without any further increafe of the fame, any law,
iiatute, cuftom, or ufage t.o the contrary in any wife notwithstanding.
9. Provided neverthelefs, and bejt further enaBcd, That if any per fon 01* perfons, Exceptions to
that is or fhall be entitled to any fucb aBion of trefpafs, detinue, aBion of trover, m\uuonral!l"
replevin aBions, aBions of accounts, aBions of debt, aBions of trefpafs for affault,
menace, battery, wounding, or imprifonment, aftions upon the cafe for words, be or
fhall be, at the time of any fuch caufe of aftion given or accrued, fallen or come
within the age of twenty-one years, feme-covert, non compos mentis, imprifoncd or
beyond feas, that then fuch perfon or perfons fhall be at liberty to bring the fame
aBions, fo as they take the fame within fuch times as before is limited, after their
1
36
ACTIONS, LIMITATION OF.
coming to, or being of full age, difcovert of fane memory, at large, or returned
from beyond the fcas as by other perfons having no fuch impediment, fhould be done.
Limitation for 10. And beit further enafted, That in all and every cafe where any penalty, fine,
fin«amivforrf°;-or forfeiture, whatfoever, hath been, or fliall hereafter be in {lifted or impofed by any
^Src:'ad or afts of the General Affembly of this province already paffed, or hereafter to
Uim' be palled, and the time of fuing or profecuting the offender or offenders, again 11 fuch
afts not thereby provided, no information, aftion, fuit or profecution, lhall be had,
brought, iflued or commenced againft the offender or offenders, againft any fuch adfc
or afts, for, or in refpeft of any fuch penalty, fine, or forfeiture, unlefs the fame bet
done within fix months after the palling of this aft, if the offence hath been already-
committed, and within the like fpace of time after the offence committed, for the
future; and all and every offender and offenders againff any fuch aft or afts, lhall
not from thenceforth be fubjeft or liable to any penalty, fine or forfeiture which may
hereby be inflifted or impofed, any law, ufagc, or cultom to the contrary in any
wife notwithltanding. -
Nothing in tins li. Provided alfo, and, be it further enafted, That nothing in this aft contained lhall
|AviEb" extend, or be confirued to extend, to take away or prejudice the claim of Sir William
Baker, of the city of London, knight, or his heirs or afligns, in and to a certain barony
or traft of land within the parifh of Chrift Church, in the province aforefaid.
ALEXANDER WYLLY, Speaker,
JAMES HABERSHAM, Prefidenl.
JAMES WRIGHT.
March 26, 1767.
An aft for opening the courts of law and juf ice within this fate, under certain refric-
tions therein mentioned.
9. And whereas the courts of jufficein this ftate have been greatly interrupted in
From the ift proceedings fince the firft day of July in the year of our Lord one thoufand fe-
thiy.nMu°iy ven hundred and feventy-five, and it may happen that the ftatute of limitation will bar
ifthe^tatute® the recovery of many juft debts, which could not be fued for fince that time ; Be it
•fiunitation. enafted, That the fpace of time intervening between the faid firft day of
July, one thoufand feven hundred and feventy-five, and the twelfth day of July laft
paft, lhall not in any cafe or uf)on any bond, contraft, book debt, or other agreement
be counted on or allowed to reckon as a part of the time allowed for the recovery of
debts within the faid ftatute of limitations but in all cafes the time intervening between,
the faid two periods lhall be rejefted, and taken out of the computation in refpeft to
fuch debts, contrafts, book debts, and other agreements.
Signed by order of the Houfe of Affembly at Savannah, the fifth day of Auguft,
1782.
JAMES HABERSHAM, Speaker.
An aft to extend the limitations of aftions, and for other purpofes therein mentioned,
1. "T li THEREAS it will be found highly inconvenient from the embarraffing cir-
V V cumftances under which this country has been lately placed, that the afts
ACTIONS, LIMITATION OF.
for the limitation of aftions ffiould Qperate fo as to bar any perfon or pcrfons of
their juft rights and claims: Be it enabled by the reprefentativcs of the freemen of the j.,,,. . T
Jlate of Georgia in General AJfembly met, and by the authority of the fame, That j£jj0IliCx;cr--
nothing in the laid aft'of limitations contained, lhall in any wife be conftrued to pre-
vent any perfon or-perfans from inftituting their aftions and recovering their jnit
rights and claims, who was or were entitled to the fame at or upon the twelfth day Fromthe!nh
of July, in the year one thoufand feven hundred and eighty-two, but that all that liffffir.-.-
period of time between the twelfth day of July, in the year one thoufand feven 2Shff the >tu-
hundred and eighty-two, and the firft day of January, one thoufand feven hundred «<">«■*
and eighty-feven, fliall betaken out of the computation of time, fo as not to alfeft
the rights of aftion of thofe who have been entitled to the fame on the tw.elfth day
of July, in the year firft aforefaid.
% And whereas the time limited in an aft entitled, " An aft to render eafy the mode
of conveying lands, and for making valid all deeds and conveyances heretofore that tenGCj
may be deficient in point of form," and for other purpofes therein mentioned, has
not allowed fuffi-cient time for fome of the purpofes for which it was intended; Be it
therefore enabled^ by the authority aforefaidy That no de&i of feoffment, bargain and
fale, leafe and releafe, or other conveyance of lands and tenements bona fide, exe-
cuted as direfted by the faid recited aft, fliall in any wife be affefted by reafon of the
fame not being regiftered or recorded in the refpeftive offices where the lands lie,
agreeably to the faid aft; but that every perfon or perfons fliall, and he or they hereby
have full liberty and power to regifter or record his or her deed or deeds of convey--
ance of fends and tenements aforefaid, at any time within the term of two years from tot™year*
the date hereof; and the faid deeds fo regiftered or recorded as laft aforefaid, are singofthLTa.
hereby declared to be good and valid in law and equity, according to the true intent
and meaning thereof, any thing in the before mentioned aft notwithftanding.
By order of the Houfe,
NATHAN BROWNSON, Speaker.
Augufta, February ift, 1788.
An abl to amende explain and continue the " Abl for regulating the judiciary department
of this Jlate"
14. * And be it further enabled by the authority aforefaid, That the " Aft to extend
the limitation of aftions, and for other purpofes therein mentioned," palled at Au-
gufta the firft day of February, one thoufand feven hundred and eighty-eight, benwry '7^-
and the fame is hereby revived and continued until the firft day of February, one
thoufand feven hundred and ninety-three and no longer.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentativcs,
NATHAN BROWNSON, Prefdent of the Senate. *
EDWARD TELFAIR, Governor.
December 9, 1790.
* All the remainder of this adl repealed by adl of 1792*
s8
ALIENS, RIGHTS OF.
An abl for afcertaining the rights of aliens, and pointing out a mode for the
admifjion of citizens.
preamble i. \ If THERE AS the many advantages and peculiar bleffings which this flate enjoys
V V may induce foreigners to apply for a participation thereof: And whereasiik'
the intention of the legillature to confer thofe benefits on all fuch as may apply a!nd:
£f®^e-hts do merit the fame: Be it enabled by the, reprefentatives of the freemen of the flate of
cured. Georgia, in General Affembly met, and by the authority of the fame, That all free-
white perfons, being aliens, or fubjcBs of any foreign flate or kingdom at peace
with the United States of America, who fhall regifter or enrol their names in the of-
sonUScuT fice °f die clerk of the fuperior court of the- cou nty where fuch aliens purpofe to
refide, may be, and they are hereby veiled with the rights, and, privileges of acquir-
ing, polfeHing or holding, and felling, devifing or otherwife aifpofing of all kinds of
perfonal property, and renting houfes or lands from year to year, and fhall have
And sue for l ight of filing for all fuch debts, demands or damages, other than for real eftate, as
^nccTltifjuiy may arife or have arifen fince the twelfth day of July, one thoufand feven hundred
and eighty-two, either perfonally, or by attorney or otherwife, and, in cafe of death,
by his, her or their executors or, adminiftrators. - . . / -
Citizens, 2. And be it enacted, by the authority aforefaid, That any alien, or fubjeft of arty*
foreign flate or power, being defirous of becoming a citizen of this flate, who hath
refided at lead twelve months in the fame, and after the expiration thereof doth ofo
-tain from the grand jury of the county where he refides a certificate, purporting that-
he hath demeaned himfelf as an honefl man, and friend to the government of the hate
(which certificate fhall be recorded in the fuperior court of the faid county): ther
o.uhtobe u- a|jen or pCrfon f0 applying fhall, before the judges of the faid court,; take^arf
fubferibe the following oath: " I, A. B. do folemnly fwear, that I will bear true&k*
legiance to the flate of Georgia, and will fupport the laws and conftitution thereofAo '
the utmofl of my power. So help me God." Then and in that cafe, fuch perfon1
fhall be entitled to all the rights, liberties and immunities of a free citizen.
j'roriro. g. ,Provided always, and be it enabled by the authority aforefaid, That no fuch
perfon fhall be a member of the General Affembly, or of the executive council,
or hold any office of trufl or profit, or vote for members of the General Affembly
for the term of feven years, and until the legillature fhall, by fpecial a6t for that
purpofe, enable fuch perfons fo to do: And provided alfo, That all fuch aliens or.
perfons aforefaid, fhall be fubjeH and liable to pay fuch alien duties as have been
heretofore or may hereafter be impofed by the legillature.
Persons on the 4' And be it further enabled, That no perfon on any a£l of confifcation and b^n-
tiokandbMwl-. ifhnaent in this or either of the Hates, nor any perfons who have borne arms againft
vail themselves this or the United States, that were citizens of this or either of the faid flates, during,
granted fo ali- the war, fhall avail him or themfelves of any of the rights, privileges or immunities
intended to be given or conferred by this a£l, except fuch perfons as may have
availed themfelves of coming in during the late war, under certain proclamations
blued, and that may have been adopted and fanUioned by the legiflature: Provided -
Ukewifc, That this a61 fhall in no wife extend, or be conftrued to extend to oblige
fuch perfons who may have applied to become citizens of this flate, to undergo the
probation herein fet down or contained,
icsathiitie?of 5. And be it enabled by the authority aforefaid, That if any perfon or perfons under
t^ie a§e fifteen years fhall, after the paffing of this a61, be fent abroad without the
1 knits of the United States, and refide there three years, for the purpofe of receiving
ARTICLES SPECIFIC.
•39.
an education under any foreign power, fuch perfon or perfons, after their return to
this flate, (hall for three years be confidered and treated as aliens, in fo far as not to
be eligible to a feat in the legiflature or executive authority, or to hold any office,
civil or military, in the (fate for that term, and fo in proportion for any greater num-
berof years as he or they fhall be abfent as aforefaid, but (hall not be injured or
difqualified in any other refpeH.
Signed by order of the Houfe,
JOSEPH HABERSHAM, Speaker.
'■ Savannah, February 7, 1785.
An aB to a/certain and ejlablijh a certain and uniform mode of calculating the prices of
fpecific.articles in contraBs ^between individual and individual in this Jlate.
WHEREAS it doth frequently happen, that in the ordinary tranfaHions be-pre«nwc.
.'tween individuals of this flate, contracts are entered into for the payment of
fpecific articles, which contrails may have been either verbal or written; and whereas
great difficulty and uncertainty has occurred in the trial of fuch cafes in courts of
juflice, in afcertaining the time from which the prices of fuch fpecific articles fhould
be calculated; for remedy whereof, and for the eftablifhment of fome precife mode
of eftimation in future:
Be it enaBed by the Senate and Houfe of Reprefentatives, in General AJfembly met, Value to be est*-
That on every bond, note, or other inftrument in writing, or verbal contract for the Sue,c w 00
payment of negroes, produce, flock, goods or other fpecific articles, of any nature
or kind whatfoever; the price of fuch fpecific article at the time it became due, upon
fuch bond, note, or other inftrument in writing, or verbal contraH as aforefaid, and
having refpefl to the place, made payable according to contraH if any, fhall be the
fole and eftablifhed rule of valuation: and all and every fuch bond, note, or other
inftrument in writing or verbal contrail, for fpecific articles as aforefaid, fhall bear
intereft at eight per cent, from the time they become due, in like manner as if given and bear 8 per
O T • ^ ^ O C*nt.
for the payment of money limply ; any law to the contrary notwithftanding.
DAVID MER-IWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Affented to December 1, 1800.
JAMES JACKSON, Governor.
An aB to regulate attachments in this fate.
WHEREAS it is juft and proper that provifion fhould be made for the recove- Preambie
ry of debts, where the fame cannot be done by the ordinary procefs of law,
wherefore,
1. Be it enaBed by the Senate and Houfe of Reprefentatives of the fate of Georgia i„ What cases
in General AJfembly met, and it is hereby enaBed by the authority of the fame, That in »IyciTgran-
cafe of non-refidence, or where both debtor and creditor fhall relide without the lim-' '
its of this ftate? it fhall and may be lawful for fuch creditor by himfelf, his agent or
.4*
ATTACHMENTS.
attorney, to attach the property both real and perfonal, which may be found in the
Hate, of fuch debtor, in the fame manner and under the like reflridions, as are or
fliall be ufual in cafe of abfeonding debtors, or where the debtor alone refides out of
the Hate.
under what«- 2. And be it further enaHed^ That it fhall and may be lawful for the judges of the
bywhomto'be fuperior, or juflices of the inferior court, or any one of them, and alfo lor any juftice
Gjp tbe pCacCj Up0n complaint made on oath, that his debtor refides out of this Hate,
or .is actually removing without the limits of this Hate, or any county, or abfeonds
or conceals himfelf, or Hands in defiance of a peace officer, fo that the ordinary pro-
cefs of law cannot be ferved on him, to grant an attachment againfi the efiate of fuch
debtor, or fo much thereof, as fhall be of fufficient value to fatisfy the plaintiff's de-
mand and coHs, which attachment fhall be diredecf to and ferved by the fhcriff of the
county where the property may be found, or his deputy, or any conftabltf"; and it fhall
be the duty of fuch fheriifi, his deputy Or any conftable, to ferve and levy the fame,
i?thcliiSSf upon the cflate, both real and perfonal, of fuch debtor, wherever the fame may be
found, either in the hands of any perfon indebted to, or having effeds of fuch debtor,
Garnishees. fummon fuch perfon or perfons, to appear at the next court to be held for the
faid county, and to which the faid attachment may be returnable, there to anfwer on
oath what he is indebted to, or what effieds of fuch party he hath in hand, or had at the
time of levying fuch attachment, which being returned executed, the court may by or-
der compel fuch perfon to appear and anfwer as aforefaid : And where any perfon in
vhofe hands any debt or effeds may be attached, fliall deny owing any money to, or
havjng in his hands any effeds of fuch debtor, it fhall be lawful for the plaintiff to tra-
verfe fuch denial, and thereupon an iffue fhalf be made up, and the fame be tried by a
jury—and if found againfl fuch garnifhee, he, fhe or they fliall be fubjed to pay
the plaintiffs fuch fum as fhalf be fo found, and the court fhall order judgment to be
Persons grant- entered thereof agamft fuch garmfhee as in other cafes: Provided that the faid judge,
bunt! and secu-1 J ufliceof the inferior court, or juflice of the peace before granting fuch attachment
11fhall take bond and fecurity of the party for whom the fatne may be granted, in dou-
file the fum to be attached, payable to the defendant, for fatisfying and paying all
cofls which may be incurred by the defendant in cafe the plaintiff fuing out fuch at-
tachment fliall difcontinue or be caft in bis fuit, and alfo all damages which may be
recovered againit the faid plaintiff for fuing out the fame; which bond fliall be re-
turned to the court to which fuch attachment may he made returnable on or before
the lafl day of the term; and the party entitled to fuch coft and damages may bring
fuit and recover thereon; and every attachment i'ffued without fiich bond taken, or
where no bond fliall be returned as aforefaid, is hereby declared to be illegal, and
beittested'by be difmiffed with cofls: Provided always, That every attachment which may be
lufngeirt.onis" iffued, as aforefaid, fhall be attefled by the judge of the fuperior, or juflice of the
inferior court, or juflice of the peace, iffuing the fame, and be by the fheriff or per-
To be adverti- fon authorized to ferve the fame publicly advertifed at the court-houfe of the faid
iCdtlunydays'county at leaft thirty days before the fitting of the court; and if any attachment
fhall be iffued within thirty days of the next court, fuch attachment fhall be made re-
turnabletof the court next after the expiration of the faid thirty days, and not otherwife;
and all attachments iffued and returned in any other manner than is herein before di-
reded, fliall be and the fame are declared to be null and void; and all goods, chatties,
Deiwdafttlands and tenements fubjed to fuch-attachments, fliall be repleviable by appearance
rcpicvj. pUttjng jn fpecjai ]jaj|9 or by the defendant's giving bond with good and fufficient
fecurity to the fheriff or other officer ferVing the lftmej which bond he is hereby
ATTORNIES,
41
empowered to take, compelling tke defendants to appear at the court to which at-
tachments fhall be returnable, and to abide by and perform the order and judgment
of fiich-cpttxrt: Provided altoays + That all goods and effects attached and' not reple- prT_
vied as aforefaid, where the fame {ball appear to be of a perifliable' nature, on motion ^uVyordSor
of the plaintiff or his attorney, the: court, or if not in term time, the judge of thecou't*
fuperipr, or any,two or more of the juftices of the inferior court, may and are hereby
authorised, and required to order a fale of f'ucll perifhable property, and the monies
ariftng from fuch Tales fhall be depofited in the clerk's office by the flier iff or oth<?e-
officer felling the fame, to anfwer the demands of the plaintiff, if eftabllfhed, and the
balance, if any, after fatisfying fuch demands and cofts, fhall, by order of the (aid
court, be returned to the defendant or his attorney.
§ And be it- further enabled, That if any attachment {hall be returned executed, property,
, and the property attached fhaft not be replevied as aforefaid, the fubfequent pro- sou.
ceedings thereon fhall be. the fame as an original procefs againft the body of the
defendant, where there is a default of appearance; and all fuch goods and chattels,
lands and tenements not, replevied, fhall, after the plaintiff has eftablifhed his de-
mand, be by order of the court fold and difpofed of for and towards the fatisfac-
tion of the plaintiff 's judgment in like manner as if the fame had been taken under
execution; and where any attachments be returned, ferved in the hands of a third
perfon, it fhall be lawful, upon his appearance and examination in the manner here-
to fore direhled, to enter up judgment as againft the original debtor, and award exe-
cution againft fuch third perfon for the monies due by him to the abfent debtor, and
againft fuch property or effects as may be in his hands or keeping, belonging to fuch
debtor, or fo much thereof as will be of value fufficient to fatisfy the judgment and
cofts thereon.
4. And be it further enabled^ That'wliere an abfent debtor, hath property lying in ^™tdeb/toiiin
different counties, the lame {hall be liable to attachment, and on original and copies grentcoun-
fhall iffue for each county where the property may be found, the whole to be return-
able to the court from whence the ftrft original iffued.
5.. And be it. further enabled). That when the third perfons as garnifhees return debts GarnUh
due to the abfent debtor, the court fhall order the fame fued for, and when recovered
paid into the clerk's office fubjeft to the order of the court.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Pre/dent of the Seriate.
Affented to, February 18, 1799.
JAMES JACKSON, Governor»
» * * » • • • %
ATTORNIES.
.An abt repeating the tidinijfion of Attornies tb the prdblice of the law in this ft ate, who
. may have been prablitioners orrefidents in otherfates, or inhabitants of this fate.
WHEREAS many inconveniences attend the prefent mode of admitting attor- Wa^ie.
•nies at law, who come from other {fates to the praftice in this ftate, on account
of the previous refidence of two years being required, before fuch attornies can be
admitted although they may have been regularly admitted in thofe ftates, and are
men of Tafrcbara&er, which practice may tend to the depreffion of merit:
F
BASTARDY,
m ' ,'i n of At- Be it therefore enaBed hy the Senate and Houfe of Reprefentatives of the fate of
Sttari&S Georgia, in General Affembly met, That, immediately from and after the palfing of
this att, any attorney, or attornies at law, who are citizens of, and have been re-
gu.larly admitted to the pra&ice of the fuperior courts of law and equity in any other
Hate in the union, fhall on complying with all the other regulations required by the
laws of this ftate for the admiffion of attornies, be admiffible to the practice in all the
Tw^a«resi-eourts of law and equity in this ftate, without being required to have reGded two
«anwUA!p^,years within the limits thereof previous to fuch admiffion : and the feveral judges of
the faid fuperior courts are hereby required to admit them accordingly, any lawv
Must produce a ufage, pradice or cuftom to the contrary thereof notwithftanding: Provided always
adm^Tonand neverthckfThat no attorney or attornies lhall be allowed to pradife in the courts
Sr,Tc.1Ar,lc" of this ftate, as aforefaid, unlefs he or they do adually refide within the limits of the fame.
Prvoided alfo, That fuch applicants from other ftates, lhall previous to their admiflion in
this ftate, produce to the judge or judges of the fuperior courts of this ftate, a
certificate of his regular admiffion to the fuperior courts in the ftate from which fuch
applicants may come, together with a certificate of his fair moral and profeffional
charafler, duly certified under the feal of the ftate where he lhall have been admitted,
And be exam- and lhall alfo undergo a ftrid examination as to his profeffional abilities, before a judge
Kebeiorea or judges of the fuperior court.
thomas napier, Speaker of the Houfe of Reprefentatives*
benjamin taliaferro, Prefident oj the Senate.
Concurred, January 7, 1795.
george mathews, Governors
• •009 9 0 •
bastardy;
An aB refpeBing bafardy and other immoralities.
wane women i. Y> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
beco'ichar^c- * Georgia, in General Affembly met, and by the authority of the fame, That any
♦oimty^ij^w to J u ft ice of the peace in any county within this ftate, who-of his own knowledge, or
treated, on information to him on oath made of any free white woman having a baftard child
or being pregnant with one, which it is probable will become chargeable to the
county, he may thereupon caufe a warrant under his hand and feal direded to the
fherifr or any conftable of faid county where the cafe may aiife, and oblige the often-
der to be brought before him to give fecurity to the inferior court of the county, in
the fum of one hundred and fifty pounds for the fupport and education of fuch
child or children till the age of fourteen years, or to difcover on oath the father of
fuch baftard child, which being done the faid juftice lhall iflue his warrant in like
dren,h°wtrea-manner to bring before him the perfon fworn to be the father of fuch child or chil-
dren, fo born or to be born, who on refufing to give fecurity for the maintenance
and education of fuch child or children, until they arrive at the age of fourteen
years and alfo the expence of lying in with fuch child or children, boarding, nurf-
ing and maintenance while the mother of fuch child is confined by reafon therof,.
that then it may and lhall be lawful for the faid juftice to bind over fuch delinquent
in a fufficient recognizance to be and appear before the next fuperior court which
may be held in faid county; and it lhall be the duty of the attorney or folicitor gene-
ral to prefer a bill of endi&ment to be laid before the grand jury, to anfwer to fuch
complaint as may be then and there allcdged again!! him touching the premifes-
BITING AND GOUGING.
43.
2. And be it'further'enabled, That in cafe the woman who fhall have been deli-
vered, or is likely to be delivered, when brought before a juftice refufes to dilcoverSnSwhfe
on oath the father of fuch child or children fo born, or to be born, or give fuch fe-t!u,ia '
curity to appear before the next fuperior court to be held in and for the faid county,
and to give fuch fecurity as may be then and there required of her by the faid court,
for the maintenance and education as aforefaid of the faid child or children, that then
it lb all be lawful for the juftice to commit her in manner and form aforefaid as
pointed out by this aft; and in cafe of her refilling to make known to the faid court
the father of fuch child, or give fecurity as aforefaid, that then it may and fliall be
lawful for the faid court to imprifon her not exceeding three months.
3. And whereas it is highly injurious in civilized fociety, that men or women punishments
ffiould live in adultery or fornication together: Be it further enacted by the auUioAfftlVoT
rily aforefaid, That from and after the paffing of this aft, that any man or woman
who fhall live together in like manner, it lhall be the duty of any of the neighbor-
ing juftices if within their knowledge, or upon information to them on oath that
fuch man and woman do live in adultery or fornication, he lhall thereupon caufe
the faid man and woman to be brought before them, or either of them, whofe duty
it lhall be to bind them over to appear at the next fuperior court, and the attorney
or folicitor general fhall then and there prefer a bill of endiftment againft both the
man and woman, and on conviftion thereof they {hall pay for the firft offence, a
fum not exceeding twenty pounds, and for the fecond olfence, a fum not exceeding
fifty pounds, and for the third olfence, a fum not exceeding one hundred and fifty
pounds, and they Hand committed to jail until all and every of the feveral fums iin-
pofed as aforefaid fhall be paid, or continue therein not exceeding twelve months.
WILLIAM GIBBONS,^Speaker of the Houfe of Reprefentalives.
BENJAMIN TALIAFERRO, Prefident of the Senaie.
Concurred December 16, 1793.
GEORGE MATHEWS, .Governor,
*••••••«
'..'BITING AND GOUGING.
An act to prevent biting, gouging, maiming or otherwife defraying or injuring any of
the members of the body.
WHEREAS nothing more forcibly marks the barbarity and ignorance of aPr«mbl=-
country than the favage cuftom of biting and gouging, and which is moreover
too frequently attended with the lofs or disfiguration of fome of the members of the
body : For prevention whereof,
Be it enabled by the reprefentatives of the freemen of the fate of Georgia, in General
Affembly ynet, -and by the authority of the fame, That if any per fon or perfons, after Any person
the palling of this aft, lhall wilfully or malicioully cut out or difable the tongue, put tKyE^,
out an eye, flit the nofe, bite or cut off the ear, nofe or lip, or cut off or difable atiall forfeit one
any limb or member of any perfon or perfons within this Hate, in fo doing to maim
or disfigure in any of the manners before mentioned, that then, and in every fuch
cafe, the perfon or perfons fo offending, their counfellors, aiders or abettors, know- epi orr'
ing of and privy to the olfence as aforefaid, lhall, for the firft offence, forfeit the
fum of one hundred pounds, and Hand in the pillory not exceeding two hours; one
half of which fine to go to the party injured, the other half to the ftate; and the
offender to ft and committed uttfii the fine is paid. And if fuch offender Ihould^J^f^y.
1
BRIDGES, TOLL.
44
prove unable to pay faid fine, to receive one hundred lafhes' on his hare back,
.and the »eror,d a nd fet at liberty; and for the fecond offence, are hereby declared to be felons, and
without bene & fhall fuffer death, without benefit of clergy: Provided, That the faid attaint fhall
cer*y not extend to corrupt-the blood, forfeiture of the wife's dower or tire-offender's lands,
goods and chattels.
WILLIAM- GIBBONS, Speaker.
Augufla, February 10, 1787.
W ide Hampton
BRIDGES, ACTS TO SECURE TO CERTAIN PERSONS.
An ordinance fecuring, upon certain conditions, to Wade Hampton, Efq. his heirs or
afigns, the exclujive right to ereB a bridge over the river Savannah, at Augufla., .
and for other purpofes therein mentioned.
(1 ft, 2d, 3d and 4th feftions of this aft are repealed by an aft.)
rtpton
Gunn empnw- 5. And whereas the fituation of the ferry at Great Ogechee, in the county of Chat-
Gceat'ogechee! ham, demands that encouragement be likewife given to fome perfons to ereft a bridge
thereat: Be it ordained, by the authority aforefaid, That the faid Wade Hampton, toge-
ther with James Gunn, Efq. their heirs and affigns, fhall be bound to ere& a bridge-in
a complete and fubflantial manner, and of at leaft fixteen feet in width, at or near the
prefent ferry on the faid river, capable of fuflaining and paffing all carriages in go®-
nron ufe: Provided, That the faid bridge be completed on or before the laft day oflLhS-j
cember, in the year of our Lord one thoufand feven hundred and ninety-two*, and
rebuild when neceffary, and keep the faid bridge in good and fufficient repairf, to
hold the fame, and all emoluments arifing therefrom to them, their heirs and aJUg^s,
forever, as tenants in common,
on- acre of 6. And be it further enacted, That the faid Wade Hampton and James Gunn fhall
Itdeoftberi- alfo have to them, their heirs and ajfigns, for ever, as tenants in common, upon con-
S,e&cdm ditions that the faid bridge be kept in repair as aforefaid, all the public land on the
fouth fide of the faid ferry not exceeding one acre, and alfo one acre of the high land
on the north fide, not to include the building called the ferry-houfe; and that, the-faid
hots of land fhall be allotted and marked off, as herein direHed, by the furveyor of
Chatham county, when required by the faid Wade Hampton and James Gtirm,
either of them, their, or either of their heirs, executors, adminiftrators or affigri^. ,
F.ates of toii y< - And be it further ordained, That the faid Wade Hampton and James Gunn*:
their heirs, executors, adminiftrators oraffigns, be entitled to receive and may legsdfyi
demand, during the continuation of the faid bridge, a toll equal to that herein before
granted to the faid Wade Hampton as toll over the river Savannah, and eftabUfhed
by this ordinance, and fhall and may at all fuch times as the faid bridge may be impaf-;
fable, from accident or decay, have the free and quiet enjoyment of the ferry,
KcotveTbrieve ^ fame conditions-'as that of the bridge.
gige 8. And be it further ordained, That it fhall not be lawful for any perfon or perfons,
at any time or times, to build any bridge or keep any ferry on the faid river Qgecke£»
Time of building extended to iff December, 1794* by the aft of 17th December, 1792.
A The inferior court empowered to repair the bridge, and fue for the ftim expended. See aft of 1798,
and by aft of 15th February 1799, toiffue executions againft the proprietors, for all fuch repairs. '.Se£
feft. 1, 2. pa,ge 82, 3, 4.
BRIDGES, TOLL. 45
within three mifos either above or below the faid bridge, which is hereby excluhvcly
invefted in the faid Wade Hampton and James Gunn, their heirs and affigns:
Provided^ That fuch bridge fliall not be fo eon-ftruHed as to impede the navigation of5;iidbrM t
faid river, bat that it fliall be a draw-bridge, fo as to admit veiTels that are ufuallv
employed in the laid river to pafs and repafs the fame.
9. And be it farther ordained, That the perfon now holding the leafe of faid ferry, Prescnt,csJjte
fhall enjoy the fame until the expiration thereof, any thing in this ordinance to the ilis
contrary notwithftanding. % •
10. And be it alfo ordained, That this ordinance fliall be deemed, adjudged, -.and pubucordi-
taken to be a public ordinance, and fliall be judicially taken notice of as fuch, by aUnante'
judges, juftices and other perfonsr whatfoever, without fpecially pleading the fame.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
NATHAN BROWN SON, Prejident of the Senate.
EDWARD TELFAIR, G ove?nor,
December 6, 1790.
An abl authorizing certain perfons herein mentioned, to erebl toll bridges over Little
River, and other zuater courfes within this Jlate.
WHEREAS it hath been reprefemtedtha-ta permanent eftablifliment of bridges Preamble,
over the following water courfes, to wit, Little River, Little Ogechee, Buck-
head, Briar Creek, and the Beaver Dam Greek, is abfolutely neceffary : Be it therefore R^hto[Aton
enalhtd by the Senate -and Houfe of Reprefentatives of the fate of Georgia in General tie River, vest-
AJfembly met, That Nathaniel Durkee, be and he is authorized to ereft a bridge Durkee
acrofs Little River, at Ray's mill, and to keep the fame in repair ten years. And for
the better fecuring to the faid Nathaniel Durkee the exclufive privilege of erefting
and keeping in repair the faid bridge for the before mentioned term of ten years.
2. Be it further enabled, That the faid Nathaniel Durkee be, and he is hereby au-Rates of ton.
thorized to receive toll at the following rates, to wit, for a loaded waggon and team,
thirty-feven and an half cents; for an empty waggon, twenty-live cents; for a rolled
hogfliead of tobacco, eighteen and three quarter cents; and for carriages, man and
horfe, and Angle palfengers, at and after the fame rate and proportion.
3. And be itfurther enabled, by the authority aforefaid, That the feveral perfons herein
after named be, and they are hereby authorized to build bridges over the following byi«lveraitpcr-d
water courfes, and toEeep the fame in repair, for and during the term of ten years,son6,
to wit, Ralph Hicks, acrofs the Beaver Dam Creek, leading from Savannah to Au-
gufta.—The remainder of this feftion is repealed by a£t of 13th February, 1797—
vide next page.
■ 4. For the better fecuring to the faid R^lph Hicks, William Pope, Robert Do- Rate*oft$».
naldfon, Henry Joyce ..and James Rawles, the. exclufive privilege of ereEing and
keeping in repair the faid bridges, for the aforefaid term of ten years, Be it further
enabled, That they the faid Ralph Hicks, William Pope, Robert Donaldfon, Henry
Joyce and James Rawles be, and they are hereby authorized to receive toll at the
..following-rates., to wit, for a man and horfe, fix and an half cents; for a cart and
team, twelve and an half cents; for a waggon.and team; twenty-five cents; for
46 BRIDGES, TOLL.
a'phacton, or coach and team, twenty-five cents; for each hog and fheep} one cent;
and for black cattle each two cents.*
■ THOMAS STEPHENS, Speaker of the Houfe of Rerprrftnlativcs.
BENJAMIN TALIAFERRO, Prefidcnt of the Senate.
Concurred February 27, 1796.
JARED IRWIN, Governor.
* So much of this fe<5tion as relates to William Pope, Robert Donaldfon, Henry Joyce and James
Rawles, together with the remainder of the act is repealed—-fee the next a<51, 13th February, 1797.
An aft for repeating an aft, entitled, il An aft authorizing eertain perfons herein men-
tioned to ercfttoll bridges over Little River and other.zuater-courses within thisJlate.
preamble. TT THERE AS, it is found from experience that toll bridges are prejudicial, and
The?a*br V V not of that benefit to the inhabitants contemplated by the faid att, Be it there-
tafntoifbrufg- fore enabled, by the Senate and Houfe of Reprefentatives of the Jlate of Georgia in
excreppteBeayer General Affembly met, That, the above recited att be and the fame is hereby repealed:
Dam and Little „ -y •/.7 i i • i -r» t-n • o • 3 r ,
River. except lo far as relates to the bridge over Beaver Dam in Scriven county, on the
Savannah and Augufta road, and Little River.
Compensation 2. And be it further enabled, That the juftices of the superior court in each coun-
the^proprURor,, ty where toll bridges have been eretied in conformity to the aforefaid aft, be em-
powered to agree with the perfon or perfons who have fo erefted a toll bridge or
.bridges agreeably to the terms of the aft aforefaid, for a reafonable and adequate com-
penfation for the expence and labor attending the building thereof, and to levy a tax
on the county to difcharge the fame, which fhallnot exceed one tenth of the general
tax, unlefs the people at large in fuch county fhall prefer doing it by fubfeription;
in which c.afe no tax fhall be levied by the inferior court; Provided, fuch fubferip-
tion fhall be filled and paid into the hands of the inferior court, within fix months
from the paffing of this afi.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate,
Concurred, February 13th 1797.
JARED IRWIN, Governor.
An aft to ftcure to Stephen Powell, for the term of ten years, the fole and exclufive right
of building a bridge over the river Ogeehee near the town of Louifville,
Freduonofa 1 • T3 E IT ENACTED by the Senate and Houfe of Reprefentatives in General
ofeclSv«-cr JJ* Affembly met, and by the authority of the fame, That the faid Stephen Powell,
f5wd®tc*heB his heirs and affigns, {hall have the fole and exclufive right of erefting a good, com-
plete and fubftantial bridge capable of fuftaining all carriages in common ufe, on or
before the firft day of Auguft, in the year of our Lord one thoufand feven hundred
and ninety-fix, and rebuild when neceffary, or keep the faid bridge in good and fuf-
ficient repair. Provided, That, the faid bridge fhall not be fo conflruded as to ira-
pede the navigation of the faid river.
BRIDGES, TOLL.
47
2. And be it further enaBed by the authority aforefaid, That, in cafe the bridge fhall
not be erefted within the time herein before mentioned, or being fo erected and com-
pleted, fhall not be kept up in good repair (allowing a reafonable time, not exceeding
three months at any one time, for repairing and rebuilding) the privilege'of right of
the laid Stephen Powell, his heirs and affigns, on failure of either the foregoing
provifoes and conditions, fhall ceafe and be wholly void.
3. And whereas, for promoting and encouraging fo laudable an undertaking, it'Rate4oft0},
is necelfary to afford every fecurity in the power of the legiflature to grant. Be it
further enaBed, That the faid Stephen Powell, his heirs and affigns fhall, and may le-
gaily demand and receive, during the faid term of ten years, a toll in the following
manner, that is to fay; for every loaded waggon and other four wheeled carriage
fifty cents; for every empty waggon twenty-five cents; for every loaded cart or other
two wheeled carriage twenty-five cents; for every empty cart or dray twelve and an
half cents; for every man fix and one fourth cents; for every foot paffenger three
cents; for every rolling hogfhead drawn with two horfes twenty-five cents ; for every
rolling hogfhead drawn with one horfe, eighteen and three fourth cents; for all
black Cattle per head, one cent; for hogs fheep and goats, one cent, and no more.
THOMAS STEVENS,' Speaker oj the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prejdent of the Senate.
Concurred February 18, 1796.
JARED IRWIN, Governor.
An aB to fecure unto Jofeph Bryan, the exclufive right aud privilege of ereBing a
' bridge acrofs Great Ogechee River; zuithin certain limits.
1. TXE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate Ereft!onofjl
JL3 of Georgia in General Ajfembly met, and by the authority of the fame, That ^cb1j[de^_er
the exclufive right and privilege of building and erecting a bridge acrofs the river ffdj£j0s<:Ph
Great Ogechee on his premifes in the county of Effingham, where there is now a
ferry known by the name of Bryan's Cowpen Ferry, be and the fame is hereby con-
firmed unto him the faid Jofeph Bryan, his heirs, executors, adminiftrators and affigns
for ever. Provided, that the faid Jofeph Bryan, or his affigns, fhall within five years CoudIt:ons*
-^refta good and fufficient bridge for the paffage of travellers with waggons and car-
riages ; and that if at any time after building the faid bridge, the owner thereof fhall
fuffer the fame to be out of repair for the fpace of three years, or fhall impede the
navigation of the faid river, then the benefits intended by this a6t fhall be forfeited,
aqd until the faid bridge is ereFted, a ferry fhall be kept at the place aforefaid.
2. And be it further enaBed!, That it fhall not be lawful for any perlon or perfons
whatever to erebf a bridge on the faid river within three miles up or down the faid
river from the place herein before mentioned, any thing in any law to the contrary
notwithftanding.
3. And be it further enaBed) That the faid Jofeph Bryan, his heirs, executors, Ratesofte{l
adminiftrators and affigns fhall and may receive and take the feveral fums herein af-
ter fpecified as toll or ferriage at the place afprefaid, That is to fay, for every foot
paffenger fix and a quarter cents, for each man and horfe twelve and an half cents, for
each fiqgle horfe led or drove, fix and a quarter cents, for each chair or fulky twen-
ty-ftye cents, for each phaeton or clofe carriage fifty cents, for each waggon, team
BRIDGES, TOLL.
and driver fifty cents, for each cart," team and driver, twenty-five cents* for a rolling
hogfhead, including horfe and driver twenty-five cents, fur each head of cattle two
cents, for each head of hogs, fheep, goats,. Sec. one cent.
DAVID MERIWETHER, Speaker of the Houfe of Rcprefentatms.
ROBERT WALTON,- Prefident of the Senate.
AfTented to February 16,. 1799*
JAMES JACKSON, Governor.
An abl, ftcilring to John King his heirs and affgns the exclufivc right of erecting a
toll bridge acrofs Ebenezer creek.
preamble, ^|¥THEREAS the fituation of the prefent bridge over Ebenezer creek* a little
Y V above the town of Ebenezer, in the county of Effingham, is fo much de«
cayed that it is dangerous for waggons and other carriages to pais, and the road or
caufeway through the fwamp of laid creek requires confiderable repairs; and as
it is found by experience that the few inhabitants who are required to work on the
part of the road in which laid bridge and caufeway is in, are incompetent to keep
the fame in repair:
brulge°overa l. Be it therefore enabled bjhthe Senate and Houfe of Reprefenialives of the flate of
creekv^Jitedin Georgia, in General AJfembly met, That John King, his heirs or affigns, fiiall be bound
, on^certSa'con-to ereft a bridge in a complete and fubftantial.manner, at leafl twenty feet in width,
tloni>' with railing on each fide, at or near the place where the prefent bridge now ftands, ca-
pable of fuftaining or paffing all carriages of common ufe; which bridge fhall be fb
conftrufted as not to impede or otherwife to obftrubf the navigation of faid creek:
Provided, the fame is built on or before the fir ft day of July next, and rebuilt when
neceffory, and keep the fame* and the caufeway through the faid fwamp, in good
repair.
Compliance 2. And be it further enabled, That whenever the faid bridge or caufeway fhall be in
tIon«.con fueh condition as to expofe paffengers 0t their property to injury or damage, or to
obftro&l the navigation of faid creek, the juftices of the inferior court of the
county of Effingham, or any three of them fhall give notice thereof, and the re-
pairs which may be neceffary* to the proprietor or proprietors of the faid bridge,
and if in the courfe of thirty days after fuch notice the faid repairs are not made*
then it fhall and may be lawful for the faid juftices of the inferior court* or a majority
of them to caufe fuch repairs to be mader and to furnifh an account thereof to die
faid proprietor or proprietors, their agent, executor or adminiftrator, requiring hhn,
her or them to pay the amount thereof, and if failure fir all be made in the payment
of fuch amount for the fpace of ten days after fuch notice, the faid juftices of the
inferior court or a majority of them, fhall and may iffue their execution, directed
to the flieriff or conftable, and which fhall be levied on the eftate either real or per-
fonal of the faid proprietor or proprietors, for the amount of fuch repairs*
tuies of toil. g. And- be it f inker enabled, by the authority aforefaid, That the faid John King,
his heirs or affigns* fhall hold the faid bridge, and all the profits arifing therefrom*
for thirty years* and be entitled to receive, and may lawfully demand, as Toon as faid
bridge is built as- aforefaid, the following toll; for every waggon drawn by four hoc-
fes fifty cents,- for all other four wheel carriages fifty cents* for all two wheel carriages
fwenty-fivc cents,- for a rolling hogfhead, twenty-five cents, for man and horfe twelve
CANALS. 49
and an half cents, for all black cattle per head, three cents, for all hogs, fheep and
goats, one cent, for every fingle horfe fix and a quarter cents.
4. And be itfurther enabled, That no public bridge or ferry fhall be permitted to be KooU;erbri(,ge
eftablifhed within five miles of faid bridge during the right of faid King, his heirs or °rr/^t0bc
alligns, to the privileges hereby vefted in and confirmed to him. *
DAVID MERIWETHER, Speaker of the Houfeof Reprefentatives.
DAVID EMANUEL, Prejident of the Senate,
Aflentedto, December 5th 1799.
JAMES JACKSON, Governor.
CANALS.
An abl to render more jafe and expeditious the navigation from the river Alatamaha to
the town of Brunfwick, and for other purp ofes therein mentioned.
WHEREAS, the tranfportation of produce by water from the river Alatamaha premie,
to the town of Brunfwick cannot at prefent be effefted, but at confiderable
rifque, and by a circuitous route. And whereas the danger and diftance may be great-
ly leffened by cutting a canal from faid river to Alligator Creek. And whereas the
commiffioners of the academy of the county of Bryan are feized and poffeffed of a
traft of land between the faid river and creek, through which the canal can be moft
advantageoufly made.
1. Be it enabled, by the Senate and Houfe of Reprejentatives of the fate of Geor- Commissioner*
gia, in General AJfembly met, That the faid commilfioners and their fuccefibrs be, of fcryan, ew-^
and they are hereby empowered, to cut a canal through the traft aforefaid, to form a canal from
a communication between the faid river and creek, which canal muft be of the width to Amgator
of twenty-five feet, and of the depth of feven feet.
2. And be it further enabled, That, as a compenfation to the faid commiffioners Ratcsofto11-
for cutting fuch canal and keeping it in proper condition, they fhall be allowed a toll
of one dollar for all boats of fifty buffiels burthen; the fum of two dollars for all
boats or veffels not more than twenty andlefs than fifteen tons burthen; and the fum
of fifty cents for all other boats or veffels which flu all navigate the faid canal, or any
part thereof; the faid firms to be paid to the faid commiffioners, their fucceffors in
office? or affigns, for the ufe of the academy aforefaid.
g. And wherea,s the commiffioners aforefaid have purchafed confifcated property
for the ufe of the faid academy to the amount only of feven hundred and twenty
pounds and feventeen fhillings, and are by law entitled to purchafe to the amount of
two hundred and feventy-nine pounds three fhillings more: And whereas there ftill is,
in the county aforefaid, lands which have never been fold for the benefit of the faid
ft ate:
Be it enabled, That the faid commiffioners be, and they are hereby empowered, to saidcommis-
, expofe to fale any traft or trafts of the faid land, to procure the faid fum of two
hundred and feventy-nine pounds three fhillings: Provided, That three months notice
of fuch fale be given in one of the Augufta and in one of the Savannah gazettes,
and by advertifem^nt at two of the moft public places in the faid county; And provi-
G
CANALS.
ded alfo) That, if the fale of the faid traft or trafts fhall exceed the fum lad afore-
mentioned, that then the furplus fhall be paid by the faid commiffioners into the trea-
fury.*
DAVID MERIWETHER, Speaker of the Hoafe of Reprefentativei.
DAVID EMANUEL, Prejident of the Senate.
A dented to February 3d, 1798. .
JAMES JACKSON, Governor.
* The remainder of this aft relating to the bridge over Great Ogechee, between the counties of Brvait
and Chatham, repealed by aft of 1799. Seft. 1, 2, of the following aft.
An aPt to alter and amend an act, entitled, " An aEt to render more fafe and expedi-
tious the navigation from the river Alatamaha to the town of Brunjwick, and for
other purpofes therein mentioned."
preamble. tt 7HEREAS the above recited aft hath been found by experience to be infuffi-
V V cient and of no effeft, inafmuch as it requires the commiffioners of the roads
of the county of Bryan to keep in repair the bridge which is laid over the river Oge-
chee, between the counties of Bryan and Chatham, in cafe the owners of the faid
bridge fhall refufe or negleft to repair the fame when neceffary, but hath notempow-
ered the faid commiffioners to iffue executions to fatisfy the fum or fums neceffary
for the purpofe aforefaid.
I'croimssioners 1. Be it therefore enacted by the Senate and Houfe of Reprefentatives of theftate of
give notice that Georgia^ in General AJfembly met, and by the authority of the fame it is hereby enabled ;
«Sfrene That whenever the faid bridge fhall be in fuch a condition as to expofe paffengers, or
others, or their property to injury or damage, or to obflruft or caufe delay to vef-
fels paffing up or down the faid river, the commiffioners of the roads of the county
of Bryan, or either of them fhall give notice thereof, and of the repairs which may
be neceffary to one of the owners of the faid bridge, or his or their executor or
adminiflrator, or one of them, or the agent or attorney of the owners thereof: and
if repairs are if in the courfe of thirty days after fuch notice the repairs are not done, that
twrw'd^yi? then it fhall and may be lawful for the faid commiffioners, or a majority of them,
Smxnade.aTC and they are hereby empowered and required to have made fuch repairs, and to fur-
niffi an account thereof to the owner of faid bridge or perfon receiving the toll
thereof, requiring him, her or them to pay the amount thereof, and if failure ffiould
and may issue be made in payment, for the fpace of thirty days, it fhall be the duty of the faid
agJi*etctuhe0oV commiffioners, or a majority of them to iffue execution for the fame, or a warrant
bridge ibrcthe of diftrefs, and order fale of the goods and chattels, lands and tenements of the
owner or owners of faid bridge, which execution fhall be figned by a majority
of the faid commiffioners, and direfted to the fheriff of the faid counties of Bryan
or Chatham, or any conflable of the counties aforefaid, whofe duty it fhall be to
execute the fame, notice thereof being firfl given as required by law in fheriff's fales
for like property, and return the amount of fales to the commiffioners to be applied
firfl to difcharging the fums due for repairing the bridge aforefaid, and the balance
if any to be paid over to the owner of the aforefaid bridge.
CANALS.
' 2. And. be it further enafted, That the faid commiflioners (hall annually make re- pually to the
turn to the juftices of the inferior court of Bryan county on their proceedings rcla-,of?r,<>rcourt-
tive to the faid bridge.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefdent of the Senate.
A (Tented to February 15, 1799.
JAMES JACKSON, Governor.
An aft to authorize certain commijfioners therein named to efablfh a lottery, for the
purpofe of raifng the fum of thirty-fve thoufand five hundred dollars, to be appro-
printed to the cutting a canal from the river Alatamaha to Turtle River.
WHEREAS it appears effential to the intereft and convenience of the citizens Preamble,
of this ftate, reliding on and near the waters of the rivers Alatamaha and
Turtle River, that a communication from the faid Alatamaha to Turtle River lhouldTurtlcRivCT-
be opened, by means of which the produce of thofe parts may be conveyed with
more eafe and fafety to market :
1. Be it enacted, by the Senate and Houfe of Reprefentatives, in General AJfembly
met, and by the authority of the fame, That it 11) all and may be lawful for the com- ^s°eyt"rrstJ?fivc
miffioners hereafter named,-to eftablilh a lottery within two years from and after the l^^dorurj
paffing of this aft, to raife the fum of thirty-five thoufand five hundred dollars, un-Swcanalf
der fuch fchemes and regulations as they, or a majority of them, may deem neceffary
and proper for cutting and keeping open the canal aforefaid.
2. And he it further enacted, by the authority aforefaid, That Henry D. Stone, ComsnUs!(Jncn
Leaton Wilfon, John Burnett, Dr. L. E. W. Shicut, Samuel Wright and J ohnappoifttC!l-
Couper be, and they are hereby appointed, commiflioners to carry the aforefaid lot-
tery into full effeft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Alfented to December 6th, i7~99.
JAMES JACKSON, Governor.
An aft to optn a communication acrofs the marfh from Hampton River to Racoon Point.
WHEREAS the opening a communication from Hampton River to Racoon
Point near the illand of Great Saint Simon, by cutting a canal acrofs a Canai.
marfih which feparates the fame, will be of great public utility by facilitating the na-
vigation from the faid illand and the ports adjacent to the city of Savannah:
• -1. Beit therefore ena ft ed by the Senate and Houfe of Reprefentatives of the fate o/A?pointnien t
-.Georgia, in General AJfcmbly met, and by the authority of the fame, That John Couper, ^ominiMion"
John M'Intolh and William M'Intofh, Efqrs. be and they are hereby appointed
commiflioners to fuperintend the opening and keeping in repair the faid canal, and
,to carry into full effeft the intentions of this aft.
52
CATTLE STEALING,
E?lv™S 2. And be it further enaHed, That all free perfons and flaves living and being
work «p°nsaw north of a line to be drawn from a place called the Village, to Pike's Bluff, both in*
clufive, who are fubjeft to work on the roads in the faid ifland, fhall be and they aw
/hereby made fubjeft and liable to work on the faid canal until the fame be completed,
"x\hiyseino/ and to keep it thereafter in good repair: Provided, That all perfons and flaves fub-
Says at onefT jeft to work on the fame fhall not be compelled to work more than three days at any
one time, or more than fix days in any one year.
Regulars' And be it further enabled, That the faid commiffioners fhall give at leafl ten days
persons tofabor notice to all perfons who refide, and to all overfeers or managers of the eftates of non-
refidents, owning flaves within the aforefaid limits, of the time and place of their at-
tendance, for the purpofe of carrying the intent of this aft into effeft: And if any
perfon fubjeft as aforefaid fhall fail to attend agreeably to fuch notice, together with
all flaves owned by them or under their care and management, they fhall be fubjea
Finesforrefu- to the following fines, that is to fay, for the non-attendance of every free perfon,
fa^dcanai. the fum of one dollar per day, and for the non-attendance of every have the fum of
feventy-five cents per day; to be levied of the goods and chattels of fuch defaulters
by warrant of diftrefs and fale, under the hands and feals of the faid commiffioners,
or any two of them, direfted to any conftable of the county of Glynn, unlefs the
Ssont0oath party making fuch default fhall, within ten days thereafter, make fuch excufe on oath
as fhall be deemed fatisfaftory by the faid commiffioners: And provided alfo, -That
the faid commiffioners fhall not iflue fuch warrant of diftrefs, without fatisfaftory
proof being firft made, that the notice required by this aft was duly ferved.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativcu
DAVID EMANUEL, President of the Senate*
. Affented to February 3d, 1798.
JAMES JACKSON, Governor.
CATTLE.
An aB to prevent the f eating of horfes * and neat cattle, and unlawfully brandings
marking, killings or driving the fame.
fenishment for 1 • T> E IT ENACTED, That immediately from and after the paffing of this
tattle,^c. ' ' J3 aft, every perfon or perfons, taking or ftealing any t horfe, mare, gelding, colt,
Ally, or neat cattle, and all acceffaries as well before as after fuch offence commit-
ted, and who fhall be legally and duly convifted thereof, fhall for the firft offence be
Let in the pillory, a fpace not exceeding four hours, nor lefs than two hours in fome
public place, by the provoft-marfhal or his minifters, and fuffer fuch imprifoiimegt
as the court fhall think proper, and before difcharged, be publicly whipped on jiis
bare back, three feveral times, and receive at each time thirty-nine lafhes, and alfo
fhall be branded on the flioulder, with the letter R, and for the fecond offence, upQR
due conviftion thereof, fhall be adjudged guilty of felony without benefit of clergy.
I^^horses, 2. And be it further enaBed, That immediately from and after the paffing of this
aa> uPon the iale or exchange of any horfe, mare, gelding, colt, filly, or neat cattle,
-* This part repealed by a£t of J 791 which gave place to that of 1792.
f As far as this a<ft refpe&s horfe ftealing, is repealed by a& of 1791.
CATTLE STEALING.
53
the perfon or perfons, To felling, or exchanging the fame, if required by the pur-
chafer, lhall be avouched and tolled, and a certificate thereof obtained from the toll
mailer, except however, public fales of horfes or neat cattle, by executors, or ad-
miniftrators, belonging to the eftatesof perfons deceafed, for which, he, Ihe,. or they
may a£l in fuch capacity, and except alfo fales made by the provolt-marfhal or his
deputies, conftables, or other perfons empowered by any a£l of the General Alfem-
bly of this province, to make diftrefs, and levy execution.
3. And be it further enabled, That the juftices alfigned to keep the peace, in the ju«tic«ofthc
feveral pariflies in this province fhall be and they are hereby appointed toll mailers, ^
in their refpe£live parilhes and they are hereby declared to have full authority to «raing«tra>s.
exercife all and every the powers in them veiled as toll mailers, by virtue of this aft.
4. And be it further enabled, That the toll mailers hereby appointed, Ih all admini- ironmasters to
Her oaths to the perfons avouching, or tolling before them refpeflively, touching the avoucSn^nd
proof of the property of the perfon fo tolling (of the fufficiency of which proof enter the names
fuch toll mailers are hereby declared to be judges) and, upon fuch proof appearing, buyers, marks,
they are hereby required and direfled to avouch or toll any horfe, mare, gelding, colt,
filly, or neat cattle, produced to them or either of them, and in a book to be kept for
that purpofe, {hall.enter the time of fale, and the name and place of dwelling, of
every feller and buyer of fuch horfe, mare, gelding, colt, or filly, burnt mark or
other notable llelh mark thereof, and the price for which the fame is fold, or the
value of what may be given in exchange, and fhall under his hand and feal, give a
certificate of fuch entry, to every perfon requiring the fame, upon the payment of
one {hilling and fix pence for his trouble therein, under the penalty of three pounds
for every neglefl or refufal of any or either of the faid toil mailers.
5. And be it further enabled, That if any horfe, mare, colt or filly after the palling stolen how?*
of this a£l fhall be llolen, and afterwards fhail be fold and tolled as aforefaid, howre^-S
that yet neverthelefs the fale of any fuch horfe, mare, gelding, colt or filly, fhall
not take away the property of the owner from whom the fame was llolen,. fo as
a claim to be made, in fix months after the offence or felony done, by the party
from whom the fame was llolen, or by his executors or adminilirators, or by any
other perfon of their appointment, in the pariih where the fame horfe, mare, gelding,
colt or filly fhall be found, before any juftice of the peace of the faid pariih, and
fo that the proof be made within forty days, then next enfuing by two fufficient
witneffes to be produced, and depofe before fuch juftice of the peace, that the
property of fuch horfe, mare, gelding, colt or filly fo claimed was the property
of the party by and from whom fuch claim is made, and was llolen from him or her
within fix months, next before fuch claim of any horfe, mare, gelding, colt or filly,
but that the party from whom faid horfe, mare, gelding, colt or filly was llolen,
his or her executors or adminilirators lhall and may at all times after notwithftand-
ing any fuch fale or fales, have again and enjoy the faid horfe, mare, gelding, colt or
filly upon payment of the party that flu all have in poffcffion the fame, fo much
money as lhall appear to have been paid by him or her, by a certificate from the
toll mailer, or by oath before any juftice of the peace, that he or Ihe has paid fuch
value without fraud or collufion, any law, cuflom, or ufage to the contrary notwith-
Handing.
6. And he it further enabled, That no tollmafter hereby appointed lhall toll any Toil roasters
horfe, mare, gelding, colt, filly or neat cattle, fold or offered lor fale by any perfon scs brought by
or perfons not being freeholders in this province, unlefs the faid perfon or perfons
produce a certificate, under the hands and feals of twq or more juftices of the peace
5,i CATTLE STEALING.
of their refpcQive counties or parifhes where they ufually refide, of their being legal-
ly poffeffed of the fame, under the penalty of three pounds foi" every horfe, mare,'
gelding, colt, filly or neat cattle fo by him tolled,
for UI/ 7. And in order to prevent, as much as may be, the pernicious practice of um
lawfully branding, marking, or disfiguring of horfes and neat cattle, Be it further
enabled, That immediately from and after the pafling of this a6t, every perfon and
! perfons within this province, who fhall be lawfully convi&ed of killing, or of brand-
ing, marking, or disfiguring the brand, or altering the brand of any horfe, mare,
gelding, colt, filly or neat cattle, or of driving them, or either of them, off from
their ufual range, or place of feeding, wantonly and not with an intention to ileal*
not being the property of fuch perfon or perfons, (except by order and direftiori of
the lawful owner or owners thereof) upon oath of any one or more evidences before
two or more juftices of the peace, in any parifh within the fame, (hall, betides'-the
damages otherwife recoverable by law, forfeit for every fuch offence, a fum not to
ceeding eight pounds,* to be recovered by warrant of diftrefs, and fale of the of-
fender's goods, under the hands and feals of fuch juftices, and be applied one half
to the informer or informers, and the other half for the ufe of the poor of the parifti
where fuch offence was committed: and in cafe no diftrefs fhall be found whereon to
levy fuch forfeiture, then, and in fuch cafe, the party or parties offending fhall be
committed to the common jail of Savannah, there to remain for the fpaceof one
month, and fhall receive fuch corporal punifhment, by whipping on the bare back*
not exceeding thirty-nine lafhes, as to fuch juftices fhall feem meet. *
1. ike penalty 8. And be itfirther enabled, That no perfon, or perfons whatever fhall order of
slaves to kifl* direct his, her or their flave or flaves to kill, mark, or brand, any horfes or neat-cattle*
' ' fuch perfon not being at the fame time prefent, or cauting fome white perfon to be
prefent, at fuch killing, marking or branding, nor fhall order any of his, her, or their
ilave or flaves, to drive any horfe or neat cattle from their ufual place of feeding*
unlefs he, flie, or they fhall give fuch flave or flaves, a ticket in writing, for that
purpofe, under the penalty of a fum not exceeding eight pounds to be heard, and
adjudged, recovered and applied, as herein is before directed, and in cafe any flave
thtrty^inece,ve or flaves fhall be found killing, marking, branding, or driving any horfe or neat cat-
lasiM*. tje^ contrary to the direftions of this a£t, every fuch flave or flaves being cohvi6ted
thereof, by the evidence of a white perfon, or of a flave, fhall be punifhed by whipping
on the bare back, not exceeding thirty-nine lafhes, by order or warrant of any juftice
of the peace, before whom the fa£l fhall be proved.
9. Relates to eftrays, repealed by aft: of 1791. }
10. And whereas there are in many parts of this province gangs of wild horfes arid
neat cattle, to which, or any of which, no property can with any degree of certainty
be claimed or made out, and the keeping fuch horfes and neat cattle within enclofurel
wiki Worses for any length of time will be attended with confiderable trouble and expence; Be it
further enabled, That in cafe any perfon or perfons fhall drive upon and pen, or put
jispowdof.. jn any enc]0fure any horfe, mare, colt, filly or neat cattle that are wild, fuch perfon
or perfons fhall give notice thereof, to any toll mafter in the parifh where the fsrin^
fhall happen, within ten days after fuch driving up, under the penalty of twenty fhil-
lings for every fuch horfe, mare, colt, filly, or neat cattle, fo drove up, to be reqote
ered, levied and applied, as herein is before directed, and fuch toll mafter is hereby
dirc&ed and required, to fix an advertifement at the feveral places of worfhip, or at
* Magiftrates jurifdidhon reduced to thirty dollars.,
CATTLE STEALING.
55
the courts of confidence in fuch parifh ; and if within thirty miles of Savannah, then
alfo in the gazette, giving notice thereof, and where fuch wild horfes, mares, colts,
fillies, or neat cattle are, and that any perfon or perfons claiming any right or title to
any fuch horfes, mares, colts, fillies, or neat cattle may view the fame, and claim,
fuch right within thirty days, and, in cafe any perfon or perfons fhall within fuch
time prove his, her, or their property therein to the fatisfadion of the toll mafter, the
fame to be delivered to him, her, or them upon paying fuch reasonable charge and
expence, for driving up and keeping fuch horfes, mares, colts, fillies, or neat cattle,
as the faid toll mafter fhall direft, together with one fhilling and fix pence for his
trouble therein, and in cafe of refufal of paying the fame, then fuch charge and ex-
pence, and fees for the fame, to be levied by warrant of diftrefs and fale, under the
hand and feal, of fuch toll mafter, either upon fuch horfes, mares, colts, fillies, or
neat cattle, or upon any other of the effe&s of fuch perfon or perfons; and in cafe
no owner or owners fhall appear to claim fuch horfes, mares, colts, fillies, or
neat cattle, within the time limited by fuch advertifement, it fhall and may be lawful,
to and for fuch toll mafter, to fell the fame by public out-cry, and out of the pro-
ceeds thereof, to pay the reafonable charges of driving up and keeping, and the re-
mainder after deducing his fees, and charges of fale, to be applied as herein before
dire&ed.
11. And be it farther enabled, That, every horfe, mare, gelding, colt, filly, or neat
cattle, that fhall or may hereafter be fhipped from any port in this province, fhall, be-
fore the fame be put on board any fhip or veffel, firft be avouched and tolled before
the comptroller of the country duties at their refpeflive ports, from whence the fame^®0fgrk^g
are intended to be. fhipped, who are hereby direfited and required to avouch, andpurposc*
toll the fame, and in a book to be kept for that purpofe, fhall enter the time the fame
was or were avouched and tolled, and the name of fuch perfon fo avouching and
tolling fuch horfes, mares, geldings, colts, fillies, or neat cattle, and the burnt mark
or other notable flefh marks thereof, and the price, or prices that was, or were for
the fame refpe&ively given, and fhall, under his hand and feal, give a certificate of
fuch entry to the perfon or perfons fo avouching or tolling the fame, upon the pay-
ment of one fhilling and fixpcnce fterling for his trouble therein, under the penalty
of five pounds for every neglefit or refufal of the faid comptroller.
12. And be it farther enafted, That the faid book fhall be liable to be infpefiled KslSawi?
by any perfon or perfons whatfoever, upon payment by each and every perfon or
perfons to the faid comptroller or comptrollers the furn of nine pence for each fearch.
13. And for the better preventing any horfes, mares, geldings, colts, fillies or
neat cattle, being fhipped or exported before the fame fhall be fo avouched and tolledtmt#llcd*
as aforefaid, the mafter or commander of every fhip or veffel fhall, before the veffel
he cleared out on board which the fame fhall be fhipped or intended to be fhipped,
be obliged to take the following oath before the comptroller of the country duties,
that is to fay : That the manifeft of the cargo then produced contains a true and juftoath'
account of all the cargo; that there is no horfe, mare, gelding, colt, filly or neat
cattle on board the faid fhip or veffel except what is mentioned and contained there-
in; and that he doth not intend, or will take on board his veffel, before his de-
parture from this province any horfe, mare, gelding, colt filly or neat cattle, tobeadminis.
except as expreffed in the manifeft aforefaid: which oath the faid comptroller of the comptroller,
port where any veffel or veffels fhall clear out, is hereby empowered and required to
adminifter to every mafter or commander of any fhip or veffel, under the penalty underthc „eF.
of three pounds for every mafter of any fhip or veffel he fhall omit or neglcft to
; CATTLE.
fwear as aforefaid; and every horfe, mare, gelding, colt, filly or neat cattle that
"S with. fhall or may be put or fhipped on board any fliip or veffel, without being firft avouched
vouched', for- and tolled as aforefaid, fhall be forfeited and fold, the one half of the monies arifing
fated. ^from f\iCh fale to be for the ufe of the informer, the other to be paid into the hands
of the public treafurer, and applied as the General Affembly may hereafter dire£l,
and the faid comptroller or comptrollers are hereby authorized and empowered, in-
formation being firft made on oath of any horfe, mare, gelding, colt, filly or neat
cattle being put on board any fhip or veirel, without being avouched and tolled as
aforefaid, to go and enter on board fuch (hip or veffel in the day time, and make
fearch in all parts thereof, and all and every horfe, marc, gelding, colt, filly or
neat cattle therein found, and not avouched, tolled and entered with the faid comp-
troller or comptrollers as aforefaid, to take, feize, drive and convey away; and jf any
Twenty rounds Per^on ^ Pei'f°ns whatfoever fhall refift or oppole the faid comptroller or comptrollers
Sgtiferre* *n ^ie ^ue executi°n this a6i, every fuch perfon fo offending fhall forfeit and pay the
CO--1'-in fum of twenty pounds: all which faid fines and forfeitures to be filed for andreco..
vered by aQion of debt, bill, plaint or information, in any court of record within
this province, wherein no effoign, privilege or wager of law, or any more than one
imparlance fhall be allowed; and that the fines and forfeitures be difpofed of as
herein before mentioned.
■cont»«anceof 14. And be it further enaBed, That this aft fhall continue and be in force, for and
thuact. during the term of two years from the paffing thereof, and from thence to the end of
the next feffion of the General Affembly and no longer.
By Order of the Upper Houfe of Affembly,
WILLIAM YOUNG, Speaker.
By Order of the Upper Houfe,
JAMES HABERSHAM, Prefident.
JAMES WRIGHT.
29th September, 1773.
CATTLE, ACT TO ESTABLISH INSPECTION OF.
An aB to empower the jujlices of the inferior court of the county of Camden or a majo-
rity of them to appoint infpeBors of cattle in faid county.
toapporin?"n- ^ ENACTED, That it fhall be the duty of thejuftices of the inferior
^cct°rs °f wi- J3 court of the county of Camden, to meet at the court houfe in faid county,
on the firft 'Monday in February next, and there to appoint two fit and proper per-
fons to infpeft all cattle which may be drove through or from the county of Camden
v ,i0 s]iallkeep to the province of Eaft Florida by taking the marks and brands of each, and re-
trie°kofen" cording the fame in a book to be kept for that purpofeby him.
compfration. 2. And be it further enaBed, That the owner or owners of faid cattle, fhall pay to
faid infpeftor, fix and one quarter cents for each head of cattle fo infpeftcd.
penalty for nc- 3. And be it alfo enaBed, That any perfon or perfons, failing or neglefting to give
iavecfttTe m- information to the faid infpeflor, of his, her or their intention to drive cattle from this
speftcd. ^ate ^ province of Eaft Florida, and do aftually drive the fame without being
infpefted by the infpeftor or infpeftors appointed by Virtue of this aft, fhall forfeit
CEMETERY OF. CHRIST CHURCH.
for eacb head', terv dollars, to be recovered by aftion of debt, in any court having
cognizance;'of thefanase, the one half to the perfon informing, and the other part to
the ufe of the county. •
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, President of the Senate.
A (Ten ted to December 5th, 1799.
JAMES JACK.SON, Governor.
CEMETERY OF CHRIST CHURCH.
An aB for amending an aB, for conflicting, and dividing the feveral diflriBs and di-
vijions of this province into parifh es, and for ejlablifhing religious worjhip therein,
according to the rites and ceremonies of the church of England ; and alfo for empow-
ering the church wardens and veflry-men of the refpcBive par ifhes, to aJJ'efs rates for
the repair of churches, the relief of the poor, and other parochial fervices, and for en~
larging the public burial ground at Savannah, and enclofing the fame.
1. Direfling church wardens, &c. to levy a parifh tax—repugnant to the con-
ftitution. See roth feflion of the fourth article thereof.
a. And whereas the cemetery in the parifh of Chrift Church, belonging to the faid Cemetery of ^
parifh, is become too (mall, for the occafion: Be it further enaBed, by the authority tnursged.imc 4
of or efaid, That the faid cemetery be enlarged and extended to the line of Abercorn-
ftreet to the weftward, and one hundred feet to the fouthward, the whole to contain
two hundred and ten feet, fquare; and church wardens and veftry-men of the
faid parifh iire hereby empowered at their difcretion to agree with and hire workmen
to complete, enclofe and finiih the fame.
3. And be it further enaBed, by the authority aforefaid, That there be laid out and ^/negro??1
enclofed in a line with the faid cemetery, adjoining the lines of the common, towards
the five acre lots, a place of two hundred feet fquare, for the conveniency of a bu-
rial ground for negroes.
By order of the Upper Houfe of Affembly,
LEWIS JOHNSON, Speaker.
By order of the Lower Houfe,
JAMES HABERSHAM, Prefident.
JAMES WRIGHT.
April 7th, 1763.
An aB tor empower the. church wardens and veflry oj the■ parifh of Chrijl Church to en-
large the cemetery or public burial ground at Savannah, and to enclofe the fame.
WHEREAS the cemetery or public burial ground for the parifh of Chrift Preamhic.
Church, notwithftanding the addition made thereunto by an afcl of the Ge-
neral Affembly, palled on the feventh day .of April, in the year of our Lord one
H
5.8
CITIZENSHIP.
thoufand fevcn hundred and fixty-three, is apparently too fmall to anfwer the pur-
pofes thereby intended, and it appearing neceffary to make an addition thereunto:
chnst7h°urcb Be it therefore enaBed, That, immediately after the palling of this a£t, it fhall and
/may be lawful to and for the church wardens and veftry of the parifh of Chrift
Church aforefaid for the time being, and they are hereby authorized and empower-
ed to lay out an addition of one hundred and feventy feet in length of and from the
common of the town of Savannah, and adjoining to the eaflward the prefent ceme-
tery or public burial ground; and that the addition fo laid out, made and extend-
ed, fhall from thenceforth for ever, be and remain as part and parcel of the faid ce-
metery or public burial ground, and that the church wardens and veftry of the faid
sudendosed. parifh for the time being fhall be, and they are hereby empowered to enclofe the fame
accordingly at their difcretion, any thing in any law heretofore enacted to the con-
trary notwithftanding. ..
By order of the Lower Houfe of Affembly,
ALEXANDER WYLLY, Speaker.
By order of the Upper Houfe,
N. JONES, Prejident.
JAMES WRIGHT.
11th April, 1768.
CITIZENSHIP.
An aB to admit certainperfons to the rights of citizenfhip.
WHEREAS, John Haupt, Peter De Bofg, Juftus Hartman Scheuber,Fran-
cis De Block, William Blogg, William Finden, James Merclies, John Wal-
lace, Daniel M'Garvey, Ralph De Pafs, Jacob De Pafs, William Coales, Alexander'
Biffett, Henry Sowerly, Gabriel Leaver and Francis Wattington, who have petition-
ed this houfe to become citizens of this ftate, previous to the pafftng the citizen bill;
1. Be it therefore enaBed by the reprefentatives of the freemen of the fate of Ctoygia,
in General AJfembly met, and by the authority of the fame, That the faid John Haupt,
Peter De Bofg, Juftus Hartman Scheuber, Francis De Block, William Blogg, Wil-
liam Finden, James Merclies, John Wallace, Daniel M'Garvey, Ralph De Pafs,
Jacob De Pafs, William Coales, Alexander Biffet, Henry Sowerly, Gabriel Leaver
and Francis Wattington, are hereby admitted to all the rights of citizenfhip, any law
to the contrary notwithftanding.
Signed by order, '
JOSEPH HABERSHAM, Speaker."
February 19th, 1785.
An aB to admit certain perfons therein named to the rights of eitizenfhip.'.
WHEREAS, William Pingrie, Peter Donworth, Thomas Collier, Andrew At-
kinfon, Thomas Cole, and Francis Forbes, have petitioned this houfe to
become citizens of this ftate, and did at the fame time produce good and fufficient tre-
dentials of their honefty and integrity, and this houfe being fatisfied of the authen-<_■
ticity of the fame.
CITIZENSHIP.
59
, i. Be it therefore enabled by the reprefentatives of the freemen of the fate of Gcor-
gia in General Ajfembly met, and by the authority of the fame, That the faid William
Pingrie, Peter Donworth, Thomas Collier, Andrew Atkinfon, Francis Forbes, and
Thomas Cede, are hereby admitted to all and lingular the rights and privileges of.
citizenlhip, any law to the contrary notwithftanding.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, February 13th, 1786.
An abl to admit Alexander Stevens and others to the rights of citizenftiip.
1. XX 7" HERE AS, Alexander Stevens lias petitioned the legiflature of this Hate to
V V be admitted to the rights of citizenlhip and his petition has been fupport*
ed by the recommendations of a large number of citizens : Be it enabled by the re-
prefentatives of the freemen cf the fate of Georgia in GeneralAffembly met, and by the an-
thority of the fame. That the faid Alexander Stevens be, and he is hereby admitted to
all the rights and privileges of citizenlhip exercifed within this Hate.
2, And be it enabled by the authority aforefaid, That Ifaac Herbert, Thomas King,
and Duncan Manfon, be alfo admitted to the privileges of citizenlhip within the faid
Hate.
3. And be it further enabled. That Charles Murray, Efq. of Madeira, be entitled
to ail the rights, privileges and immunities of a citizen of this Hate in like manner as
if he had remained in America during the late war.
By order of the Houfe,
N. BROWNSON, Speaker.
February ill, 1788.
An abl to prevent the clipping and mutilating the current coin of this fate.
1. XX THERE AS the molt mifchievous confequences are daily experienced by Preambie-
VV the good citizens of this Hate, from the nefarious practice of clipping
and mutilating the circulating fpecie thereof, to prevent the fame, Be it enabled by the Goidand silver
r • r 7 r r i n r s-C • /-> 1 a rr 7 7 1 coin, of full
teprefentatives of the freemen of the ftate of Georgia m General Afembly met, ana^f
by the authority of the fame, That all gold and filver coin of full weight fhall pafs
current by tale within this ftate.
- 2. And be it further enabled, That if any perfon or perfons lhali prefume to cut, Persons, cup-
clip or mutilate the gold or filver coin current in this ftate, after the firft day of coicofthe' state
March next, he, Ihe or they fo offending, and fhall be lawfully covitted thereof, ihali
forfeit for the firft offence, the fum of one hundred pounds, one half to go to ^csfcea^/or
the informer, and the other half to go to theufe of the academy within the county ^alt1hs>uffc4'
or counties where fuch offence may be committed5 and for the fecond offence on
conviction thereof before any court of judicature having cognizance thereof, he,
fine or they fhall and are hereby declared to be guilty of felony, and fhall fuffer death
without benefit of clergy.
JOHN POWELL, Speaker.
■ Augufta, February 3, 1789.
COIN, FORGERY OF—See Forgery.
COIN, RATES OT.
An ati for regulating the rates of coin.
•..Iiantoie 1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Ihiinngsand^ I J Georgia in General Affemhly met, and by the authority of the fame, That
th swm°5nron day JU^X tiext, a Spanifh milled dollar fhallpafs and be received in
?'truoa.CF° /payment of all debts which tnay be contraded by or with any perfon or perfons within
% this ftate, and in payment of all taxes that may be laid or affeffed after the prefent fef-
V /{ion, at the rate of eight (hillings and four pence, and all other coins in the fame rate and
Notaffeapri- proportion: Provided neverthelefs, That this aft fhall not be fo conftrued as to affed
»hefee«,^rgaia-any contrad or money tranfadion, made or entered into prior to the fit ft day of
July, one thoufand feven hundred and ninety-live: And provided alfo, That no-
thing herein contained fhall be fo conftrued as to reduce or alter the fees or falaries
of the feveral officers within this ftate.
THOMAS NAPIER, Speaker of the Houfe-of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 29, 1794.
CONGREGATIONS.
An aH to enable the truftees of the White Bluff congregation in the county of Chatham,
te fell and convey a certain trabl of land.
preamwr. 1I7HEREAS on the fecond day of Odober, one thoufand feven hundred
y V and fifty-nine, a certain trad of land containing one hundred acres,
lituate and being in the diftrid of White Bluff in the county of Chatham, was
granted unto John Joachim Zubly, Michael Burgholder, Simon Gering, George Torig,
Jacob Thiefs, Thomas Frafer and George Uland, in truft for the congregation and
meeting-houfe of the faid diftrid: And-whereas the faid congregation have by their
petition reprefented that the faid trad of land is in no wife produdive, nor any benefit
derived therefrom, and prayed that an ad may be paffed to enable the truftees of the
faid congregation and meeting-houfe to fell and convey the fame :
«.ne?et;ittion i. Be ittherefore enabled by the Senate and Houfe of Refirefentatives of the fate of
shall choasean- . • ^ ltrrii , 77.7 , 7 ■ /- r A- . . . 1 v
t«sIlyfivetnis* Georgia 171 General AJjembly met, and by the authority oj the fame, That the inhabi-
tants of the faid diftrid of White Bluff, being members of the faid congregation be-
longing to the faid meeting-houfe, lhall on the firft Monday in March next, and on
the fame day annually and every year thereafter, affemble and meet together at the
faid meeting-houfe, and proceed by ballot to the choice of feven fit and proper per-
fons, members of the faid congregation, and refidents and freeholders in the faid dif-
trid, to ad as truftees to the faid congregation and meeting-houfe.
rk^dtcfsdun?e 2* And he h farther That the perfons chofen truftees as aforefaid, or a
of undon"cer- majority of them, fhall, and they are hereby vefted with full power and authority, at
tain t«rms. any after ^ faid firft Monday in March next, to fet up and expofe to fale on
a credit of five years, the faid trad of land of one hundred acres, to the hHheft bid-
der, firft:giving at leaft thirty days notice in the gazette of Savannah, and in three or more
public places in the faid diftrid, and to make and execute good and fufficient titles
for the fame in fee fimple to the purchafer or purchafers thereof, on the following
CONGREGATIONS.
6 i
terms and conditions, that is to fay, the purchafer or purchafers of the faid trafl of
land, fhall give bonds with fuch good and fufficient perfonal fecurity as a majority
of the faid truftees fhall allow and approve of, together with a mortgage on the pre-
mifes for fecuring the amount of the purchafe money and annual intereft thereof,
payable by five annual and equal inflalments, the firft payment to be made in twelve
months from the day of fale; which bonds and mortgages fhall be given and made
payable to the faid truflees and their fucceffors in office, to and for the ufe and bene-
fit of the faid congregation. And the faid truftees, or a majority of them, or their
fucceffors in office, are hereby veiled with full power and authority, in cafe of refufal
or negledl to pay the amount of the faid bonds and the intereft due thereon, to fue for
and recover the fame by aflion at law, in any court of record in this ftate having
jurifdi&ion in fuch cafes, and to foreclofe the equity of redemption in the faid mort-
gage, and to take all legal fteps for the recovery thereof, as if the faid truftees were
a body politic and corporate.
And be it further enabled, That the faid truftees and their fucceffors in office fhall
lay out the faid money to fuch ufes, intents and purpofes as the faid congregation fhall,
by their vote taken for that purpofe, dire£l and appoint. cwgregatiM.
THOMAS STEVEN^, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefidait of the Senate,
Concurred February 18, 1796.
j A RED IRWIN, Governor.
An act to authorize and empower the truftees of the White Bluff congregation to fell and
convey certain land therein mentioned.
.1. /"HERE AS the White Bluff congregation, in the county of Chatham, hathPre<imble'
V V petitioned this legiflature for leave to fell and convey a piece or parcel of
land, fituate on the top or front of White Bluff, which was originally laid out and
referved to, and for the ufe of the holders or owners of fifty-acre lots, within the
diftrffit of White Bluff to be improved by them as a town: And whereas the faid
lot holders have agreed to relinquiffi all and everyclaim orclaims for ever that they or
their heirs have, or may have in or to the faid piece or parcel of land: Be it therefore
!enabled by the Senate and Houfe of Reprefentatives of the fate of Georgia, in Gene-
-ral Affemhly met and by the authority of the fame, That the truftees for the faid White
Bluff congregation, be and they are hereby authorized to have expofed to public
fale, the faid tra£l of land which was originally referved as a town or common for
the holders of fifty-acre lots within the faid diftrift, faid to contain twenty acres,
be the fame more or lefs, except fuch part as Jacob Thiefs one of the faid lot holders
is legally entitled to, the faid truftees giving thirty days notice of fuch fale.
2. And be it further enabled, That, the faid piece, or parcel of land, fhall be fold
on a credit of one and two years, the purchafers giving bond and mortgage of the
laid land, conditioned for the payment of one half of the purchafe money in twelve
months from the date of the purchafe, and the remainder in one year thereafter.
3. And be it further enabled, That the money arifing from the fale of the faid land,
fhall be paid into the hands of the faid truftees,"as a fund to and for the ufe of the faid
62
CONFISCATION AND AMERCEMENT.
White Bluff congregation, to be expended and applied as the faid congregation, or a
majority, of. them fhall determine.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Ri-ef dent of the Senate.
A fieri ted to, February 2d, 1798.
JAMES JACKSON, Governor.
CONFISCATION AND AMERCEMENT.
An act for attainting fuch perfons as are therein mentioned of high treafon, and for
confi[eating their ejlates, both real and perfonal to the vfe of this Jtate ; for eftablijhing
Boards of CommiJJi oners for the fale of fuch efates, and for other purpofes therein:
mentioned.
pr«n.b!C. i."Y7HER.EAS, the king of Great Britain, did on the nineteenth day of April
V V which was in the year of our Lord one thoufand feven hundred and feventy-
five, commence a cruel and unjuft war againrt the good people of America, with
intent to reduce them under fubjeftion to a ftate of lawlefs fway and abfolute defpo-
film in violation of the ancient conftitution, and utterly fubverfive of the fame;
And whereas, the faid king in order to carry the faid flagitious and deftruHive fyftem
of government into full effefl, did fend a body of his troops 011 the aforefaid day
and year, which troops did wantonly attack and murder the peaceable inhabitants of
A.merica, whereby the faid king did forfeit and forefault every right and title to the
allegiance of the faid people, and by other and various methods, did do away and
deftroy the great end of all civil inftitutions, the public good : And whereas^ the
powers of government incapable of annihilation did devolve upon the people for-
exercife of the fame, and the faid people, did (as of right and juftice they ought)
enter into a full exercife thereof for their common fafety and happinefs; Andvthef 'easlf
at a General Congrefs held at Philadelphia a declaration of the ancient and inherent
rights of the people recognizing the above principles of government, and the ne.eef-
illy of a final feparation and diffolution of all political connexion with the king aijd
realm of England, took place on the fourth day of July, one thoufand feven hun-
dred and feventv-fix, afferting the thirteen United Colonies to be free and Independent
States, and in full and abfolute poffeflipn of every fupreme power which free and
independent ftates and powers do, and ought of right to enjoy, which declaration
not only confirmed the powers of the feparate ftates, but plainly, and manifeffly re-
congnized the juftice and political neceflity of affuming and exercifing the powers
which reverted to, and devolved upon the people on the breach which was made-by
the faid king of Great Britain on the faid nineteenth day of April in the year of pur
Lord one thoufand feven hundred and feventy-five, in the original contraH which
fubfifted between him and the people ; And whereas it is both juft and conftitutional
that all and every allegiance and other duty, which was due from the good people of
America on the faid nineteenth day of April, which was in the year of our Lord one
thoufand feven hundred and feventy-five, Ihould be immediately transferred and ac-
cordingly were by means of the faid breach transferred from the faid king, to the powers
which aft'umed the rights and exercife of government; And whereas various perfons,
inhabitants of this ftate, in contempt of the laid allegiance and duly fo transferred as
CONFISCATION AND AMERCEMENT.
aforefaid did traiteroufty avoid the fame, and led away by their wicked devices did
contumacioufly aid, abet, affift, and comfort the troops and valfals of the faid Britannic
king then ravaging and plundering the coafts and towns of America, and by every fa-
vage and inhuman praBice, murdering and deftroying the good people of the fame;
And whereas it is but reafonable andjuft that the eftates both real and perfonal of all
fuch perfons, redding within this ftate, on, or fince the faid nineteenth day of April,
who have refufed their allegiance to the governing powers of the fame, fhould be
forfeited and confifcated; which forfeitures and confutations are further recommended confiscation*
by Congrefs to be carried into immediate execution, with intent therefore that cdfeGual by
juftice may be done, and all fuch defeBions and treafons meet with their due punifh-
ments, and alfo that the fame may be prevented in future. Be it enacted by the repre- Person thero
fentatives of the freemen of the Jlate of Georgia, in General Ajfcmbly met, and it £.s
hereby enabled by the authority of the fame, That, Sir James Wright, John Graham,
Henry Yonge, jun. William Mofs, Robert Smith, James Hume, Willliam John
Yonge,, Charles William M'Kennen, George Barry, Alexander Wylly, William
Johnfon, John Leghtenftone, John Mullryne, Joliah Tatnall, William M'Gillivray,
John Joacim Zubly, George Kincaid, John Hume, Jofeph Farley, Robert Reid,
Thomas Reid, John Bond Randell, Henry Yonge, fen. Philip Yonge, James Robert-
fon, James Brown, (fchool-mafter) David Johnfton, Alexander M'Goun, William
Sirnes, John Inglis, Peter Dean, Thomas Johnfon, George Borland, James
Johnfton, James Downey, William Trentfield, George M'CauIly, John Jameifon*
Andrew Hewitt, George Baillie, George Webb, John Love, (of Effingham county)
Jofeph Johnfton, John Johnfton, George Wilds, William Love, Charles Hall,
James Moore, Samuel Moore, John Hubbard, Matthew Marfhal, Jofeph Marfhal,
Thomas Brown, (late of the ceded lands,) Thomas Scott, (late of the ponds on Oge-
-chee Wilkes county) William Frafer, Timothy Hollingfworth, Valentine Hollingf-
worth, William M'Donald, John McDonald, John M'Donald, (taylor) William
Rofs, (late of Saint Andrew's Parifh.) Daniel M'Leod, Alexander Baillie, Alexander
M'Donald, David Rofs, Daniel M'Donald, Roderick M'Intofh, Angus Bacon,
Thomas Young, Simon Munro, Simon Patter fon, William Lyford, Robert Baillie,
James Kitching, Roger Kelfall, James Spalding, Robert Portious, Alexander Creigh-
ton, Robert Moodie, William Clark, (late of Saint Andrews Parifh) James Chap-
man, Charles Watts, William Bofomworth, Sampfon Williams, Garret Vinfant,
George Vinfant, Daniel M'Garth, James M'Garth, George ProBor, James Shaveis,
John Spicer, John Martin, of Jekyl iftand, John Froft, William Froft, Cornelius
Dunn, John Dunn, John Pettinger, Robert Abrams, (hatter) Jofeph Rains (late of
the parifh of David,) Bafel Cowper, Jun. Thomas Stringer, John Hopkins (pilot)
William Oldes, William Colville, (pilot) John Murray, Anthony Stokes, John
Wood, (late of Savannah, merchant) James Edward Powell, Jermyn Wright,
Charles Wright, Thomas Eatton, James Taylor, (merchant) George Finch, Philip
Moore, William Panton, John Simpfon, (Sabine Fields) Charles M'Cullock, late of
Savannah, be attainted and adjudged guilty of high treafon, againft this If ate, and
they are hereby attainted and adjudged guilty of the fame accordingly.
2. And be it further enabled by the authority aforefaid, That in cafe any or either ofp"^^,^
the perfons above named, and who are herein and hereby attainted of high trealon, ohoftfVbA
fhall hereafter return to this ftate, or be taken in arms againft the authority of this ftate, lUfRkikb
or the United States, and fhall be brought within the limits of this ftate, fuch per fon ™ &
or perfons fhall be fubjeBto arreft, imprifonment and trial for the crime of high trea - o;i C^jvioUcii'.
fon? and fhall on conviBion thereof in any court of record where, by the laws of this
CONFISCATION AND AMERCEMENT,
ftate fuch pcrfon or perfons fliall be triable, to receive fentence, and judgment of death,
and fhall fuller accordingly.
3. And whereas fuch perfons as have forfeited the perfonal prote&ion of, and been,
guilty of high treafon againltthe ftate, contrary to their duty and allegiance to the fame,
ah property do alfo incur the forfeiture of their property and polfellions, both real and perlbnal,
at-and it being highly reafonable, that the eftates real and perfonal, of traitors who are
tHeleSc# attainted Ihould be dilcovered and applied to the ufe of the good people of
government, this ftate, in the moft fpeedy and effc£lual manner, and that due provifton be made
for the fatisfaQion of alljuft and lawful claims which any of the good friends of this
ftate may have to, out of, or upon the eftates of fuch difaffefled perfons and traitors.
4. Beit therefore further enaBcd by the authority aforefaid, That all* and every tl.e
lands and heritages, debts, or fairs of money and goods and chattels, whatfoever
and generally the goods, chattels and effects, heritable and moveable real and perfonal,
of what nature or kind fo ever they be, within this ftate whereof any perfon or perfons
who fince the faid nineteenth day of April which was in the year of our Lord one thou-
fand feven hundred and feventy-five, is or are hereby attainted and adjudged guilty of
high treafon againft this ftate, for levying war againft the fame or confpiring againft
its fafety, or for any other high treafon whatfoever, committed fmce the faid nine-
teenth day of April in the year of our Lord one thoufand feven hundred and feventy-
five, within this ftate or elfewhere, was, were or lhall have been feized or pofleffed
of, or interefted in, or entitled unto, on the faid nineteenth day of April, in the year
of our Lord one thoufand feven hundred and feventy-five, or at any time afterwards
in his, her or their own right, or to his, her or their own ufe, or whereof any other per-
fon or perfons, as were, or fliall have been feized and poftefiedof, or interefted in or en-
titled unto, to the ufe or in truft for them or any of them, lhall according to the feveral
and refpeflive eftates and interefts which the faid perfon or perfons attainted fince the
faid nineteenth day of April, in the year of our Lord one thoufand feven hundred
and feventy-five, or any in truft for them, or any of them, had or fliall have had
therein as aforefaid, or did, or might, or fliall forfeit by fuch attainder, ftand and
be forfeited to this ftate, and fliall be deemed veiled and adjudged, and is and are
hereby declared and enafled to be in the real and aflual pofieffion of the government
thereof, without any office of inquifition thereof hereafter to be taken and found,
and without any declaration of forfeiture to be obtained.
And to the end that all the eftates of the faid traitors of what nature foever within
this ftate, hereby or otherwife veiled or hereby intended to be veiled in this ftate, and
the yearly and other values thereof, and all encumbrances thereupon may be the bet-
ter difcovered known and afcertained, and that the fame may be fecured, fold and dif-
pofed of, and that in the mean time the rents, iflues and profits thereof, may be
recovered and brought in, for the ufe of and to defray the grievous and heavy expen-
ces accrued in defending this ftate, againft the attacks of its cruel invaders; and that
due examination be taken and fatisfahlion be made of all juft and lawful claims to, up-
on or out of the faid eftates or any of them.
5. Be it therefore further enaEtea, by the authority aforefaid, that five perfons, be ap-
a board of pointed by the ballot of this houfe, to a6l as a board of commiflioners in each coun-
SSrtSdta* ty within this ftate except as herein is hereafter excepted, that is to fay: for the county
discover arid of Chatham, George Walton, Thomas Stone, John M'Clure, Edward Davis, and
SmSta. Ambrofe Wright—-for the county of Effingham, John Poftell, DenryWood, Ja-
^6 so mi Cronenberger, Jolhtfa Pierce, and Archibald Patterfon; for the county of
CONFISCATION AND AMERCEMENT.
Burke, Jolm Thomas, Abraham Jones, Blafmgham Havey, Jofeph Gretham, and
William Livingflan; for the county of Richmond, Robert Walton, Seth John Cuth-
bert, Benjamin Few, William Glafcock, and William Jackfon; for the county of
Wilkes, Solomon Nufum, jun. Richard Aycock, George Wells, Daniel Coleman,
and Barnard Heard; for the county of Liberty, Glynn and Camden, Benjamin Ba-
ker, John Sandeford, Francis Brown, Mofes Way, and William Peacock: Andor
any three or more of fuch commiflioners in each county fliall conftitute a board, and^h,^yp|J"
(ball exercife the powers and duties by this aft given and required; and each board fo
conftituted and appointed as aforefaid is hereby authorized, empowered and required ThCir duty,
to enquire into all fuch ellates, both real and perfonal, within their refpeftive coun-
ties, 2S are hereby or otherwife veiled, or hereby intended to be veiled in this Hate,
and to caufe ail and every the rents, ilfues and profits thereof until fale fliall be made,
to be effeftually levied and paid to the refpeftive boards; and to levy, raife, fecure
.and caufe to be fold, by the Iheriff or fuch other perfon as lhall be appointed by the
refpeftive boards of each county, all fuch ellates, both real and perfonal, and other
perfonal chattels and ellates hereby or intended hereby to be veiled in this Hate, fitu-
ate and being within each county refpeftively; and all fuch rents, ilfues and profits,
and all monies ariling from fuch fales, fliall be paid to the refpeftive boards, and by
the refpeftive boards fliall be depofited in the treafury of this Hate, to be difpoled of,
ufed or employed to fuch purpofes and ufes as the leg filature of this Hate lhall order
and direft; and all perfons claiming-or pretending to claim any ellate, right, title or Cleditors(}f
interell in, to or out of the fa id ellates hereby or intended hereby to be veiled in this exhlbifthcL10
Hate, or being or pretending to be creditors of any of the faid perfons hereby attaint- respTa've1^
ed and adjudged guilty of high treafon, lhall produce and exhibit the fame to the!Sucd.00r
refpeftive boards, within whofe jurifdiftion fuch claims lhall belong and be made,jeacd'
and the fame fliall be examined and enquired into by the refpeftive boards; and if
they fliall find that any of the claims fo to be made as aforefaid fliall be well-founded
and have good color of jultice, and are riot rendered fraudulent and void by any
part of this aft, that then the faid refpeftive boards fliall admit fuch claims, and aft
accordingly: but in cafe any of fuch claims fliall not appear to be well founded and
to have good color of juftice, and fliall appear to be made fraudulent and void by
this aft, that then the faid refpeftive boards fliall refer all the papers and other tefti-
monies upon which fuch claims fliall be founded to the attorney-general for the ftate
for the time being, who is hereby authorized and required to enquire into and examine ral's duty un-
the faid papers and teftimonies, and to defend the right of the ftate, as well before r mac'
the faid boards as in any of the fuperior courts againft the fame.
.And be it further enabled^ by the authority aforefaid, That the refpeftive boards fo to set on their
conftituted and appointed as aforefaid, ftiall and may meet, aft and proceed from ments/em-
time to. time, with or without adjournment, within term time or without; and fliallSf^per-
i r* l i • c* p ip sons books,
and may lend their precept or precepts ror any peilon or perlons whatioever to ap- fnaP^™aa^sd'
pear before them; and for all fuch books, papers, writings, and authenticated copies ^e™ke discar-
of records as they fliall think necelfary for their information in any matters or things
relating to this aft, without any fee, charge or reward to be paid for the fame; and
fliall and may detain in their cuftody fuch books, papers, writings and authenticated
copies of records fo long as they fliall have occafion for the fame; and then return
fuch books, papers, writings and authenticated copies of records to fuch perfons to
whom they refpeftively belong; and fliall and may adminifter oaths for the better
difcovery of the truth of the enquiries by them to be made to any perfon or perfons
I
66
CONFISCATION AND AMERCEMENT.
stables '&c to therein concerned, or to any other perfon or perfons whatfoever; and all fherifFs and
orders, pre- their deputies and conltables are hereby required to obey and execute fuch orders and
preCepts as fhall be fent to them by the refpe&ive boards; and the laid refpeCtive
boards are hereby empowered and required, in a luminary way, and without the for-
malities of the proceedings in the courts of law, to enquire and inform themfelves by
and upon the teltimony of witnelTes upon oath, examination of perfons intcrefted
upon their oaths, infpeftion and examination of deeds, writings and records, or by
all or any of the laid ways and means, or otherwife, according to their difcretions, as,
foon as may be; and to make a regilter in books of the names of all fuch perfons at»
tainted, and of all real and perfonal eltates and intereRs whatfoever by this a£t veiled,
or hereby intended to be veiled, in this Hate, and by whom fuch eftates was and were .
forfeited or forfeitable, and what ellate or interell every fuch perfon attainted, or to
he attainted, for high treafon as aforefaid, had in any of the premifes on the faid nine-
teenth day of April, in the year of our Lord one thoufand feven hundred and feven-
ty-fiye, or at any time afterwards, and by what tenures the fame, or any of them re-
fpe&ively wereholden, andof all encumbrances whatfoever to which any of the faidef-
tates forfeited or forfeitable for high treafon were liable or fubjeCt before the faid nine-
teenth day of April in the year one thoufand feven hundred and feventy-five, or at
Board may any time afterwards: And in cafe any perfon or perfons fummoned to appear before
appelfb-ire ^le boards refpeclively for difcovery of the premifes, fhall negleft or refufe to
sumnions°n appear or be examined as aforefaid, then, and in every fuch cafe, it lhall and may be
lawful to and for the faid boards refpeclively to commit the faid perfon or perfons fo
uegleCling or refufing as aforefaid to the common jail of the county wherein fuch fum-
mons and negleCl and refufal fhall be made, there to remain, without bail, until fuch
Any officer f.in-Pcr lb n or perfons lhall conform themfelves and fubmit to be examined as aforefaid;
any summon? and if any officer or officers lhall refufe to give obedience to the precepts and orders
subjett toad of the faid board refpcCtively for the due execution of this aCl, then, and in every
Joundsfifty fuch cafe, it fhall and may be lawful to and for the faid refpeftive boards to impofe on
any fuch officer or officers any fine not exceeding fifty pounds lawful money of this
Hate, for any one offence, and to commit any fuch officer or officers to jail, until
fuch fine lhall be paid. And for deterring and preventing all and every perfon and
perfons whatfoever, anywife indebted or liable to pay to any fuch forfeiting perfon
or perfons any fum of money hereby or otherwife veiled in this Hate as aforefaid,
from concealing, withholding, negle&ing or refufing to pay the fame to the faid
boards refpeclively;
neKieaing1'^ b t^ie authority aforefaid, That all and every fuch perfon and per-
mIkft°loian"d f°ns indebted or liable as aforelaid, who lhall negleCl to difcover and make known
wUhKxty ^he feme to the faid boards refpeCtively, within fixty days after the palling and pub-
tTtofohS1? lication of this a61, lhall forfeit double the value of any fuch debt or debts, fum
Andalsnrer- or fums of money to be recovered by fuit at law in the feveral counties refpeClively
the ufe of this ftate as aforefaid; and all and every perfon or perfons, who was
or were, hath or have been poffeffed of any perfonal goods or chattels of, or belong-
ing to any fuch perfon or perfons attainted of high treafon as aforefaid, when the
fame became forfeited, or afterwards, or lhall be hereof poffeffed, are hereby llriClly
charged and required to difcover and make known the fame to the faid boards ref-
peCtively within the faid time of fixty days next after the paffmg of this a£l, and all
and every fuch perfon or perfons having fuch goods or chattels in his, her or their
poffeffion, cullody or power, and negleblingto difcover the fame before the expiration
©f'the faid time of fixty days, lhall for fuch offence forfeit double the value of fuch
CONFISCATION AND AMERCEMENT.
67
perfonal goods and chattels to be recovered for the ufe of this hate as aforefaid; and miteS-''
the faid boards refpedively are hereby authorized and empowered to make any fuch ££"^90h-
fettlements and agreements touching any fuch debts or perfonal goods and chattels
fo as aforefaid* to be difcovered as the faid board refpedively ihall in any fuch cafe,
on due confideration on the nature thereof, or circumftances of the parties con-
cerned therein think fit and reafonable, which fettlements and agreements to be val-
id in law, fo as they do not extend to any abatement of the real amount of any
fuch debts or a relinquifhment of any fuch perfonal goods or chattels, and fo as the
monies payable on any fuch fettlements arid agreements be paid to the faid boards
refpedively for, the ufe of this hate, within the refpedive times allowed by the ref-
pedive boards for the payment thereof, and where any of the faid debts are fccured
by bonds or obligations with penalties, or are due and owing upon open accounts
hot adjufted, the faid boards refpedively are hereby authorized to flate, fettle and de-
termine the fame, or to caufe fuits to be commenced for the recovery thereof*
And to the intent the debts* perfonal goods and chattels herein before or otherwife f®ofufebol^s
veiled in this flate may be difpofed of, and the amount and value thereof applied furthcrde*ncdj
to the ufe of this flate:, Be it further enabled by the authority aforefaid, That the faid
refpedive boards as foon as conveniently may be, ufe their utmoil endeavors to fe-
cure all fuch debts, goods or perfonal chattels in fuch places and in the cuftody of fuch
perfons as fliall be thought mofl proper by the faid boards refpedively, for prevent-
ing the perifhing or any lofs or embezzlement thereof, and ihall make or caufe to
be made a true and perfed inventory or inventories thereof, containing a true
and particular account of all fuch debts, goods and perfonal chattels by whom they
were forfeited, and when, and by whom delivered to the faid refpedive boards, or
any perfon by them appointed to receive the fame; and fliall alfo caufe a juil
appraifement thereof to be made upon the oaths of any three perfons to be appointed
by the faid boards refpedively for that purpofe; and the faid boards refpedively are
hereby authorized arid required to caufe the iherifF or fuch other perfon as they fliall
refpedively appoint in the refpedive counties after all claims fliall be liquidated and
fettled in the manner as is herein after direded in refped to real eftates, to fell all and Jods"ndch«-
lingular fuch goods and chattels fo inventoried and appraifed according to their belt d^notdeXr
fkill and judgment, and for that purpofe fliall caufe public notice to be given for the ™t"eL°y,this
fpace of thirty days at leaft, of the time and place of expofing to public fale any
fuch goods and chattels, and the feveral particulars then and there to be fold, at which
time the fheriff or fuch other perfon as they fliall refpedively appoint, fliall fell the
fame,by audion for the money of this flate only, and to the inhabitants being adu-
al citizens ancj relidents of and within the fame, and to none others.
And the faid boards refpedively fliall attend the fale of any fuch goods or chattels, The boards
and fliall caufe an entry to be made in their refpedive books of all and every the per- sales, keep
fonal goods or chattels fo fold, and of the buyers' names and places of abode, and cei'tificaiesta
of the prices for which they fold; and for the further afluranee thereof to the buyers,bu>e"'
the faid boards refpedively fliall give a certificate under the hand and feal of the
chairman unto the refpedive buyers being inhabitants, citizens, and refidents of this
flate as aforefaid, and not tranficnt, and of and belonging to any other flate or go-
vernpAent except as herein after is provided and excepted, fpecifying the particulars
by them bought, the prices and time of fale; and every fuch buyer fliall thereupon Tcm>sofsai«.
pay one fourth part of the amount of every fuch purchafe fo made by perfons within
the defcription of this ad, to the faid boards refpedively for the ufe of this flate;
and fliall give good and fufficient fecurity by mortgage of the property fo purchafed,
68
CONFISCATION AND AMERCEMENT.
and alfo perfonal fecurity to be approved of by the faid boards refpeftively for pay-
ment of the remaining part of the purchafe money within three years after the day of
fale, with intereft for the fame, at the rate of eight per cent, per annum, to be paid
in the following manner, that is to fay: one third part of fuch remainder at the end of
one year, one other third part thereof at the end of two years, and the remaining one
third part at the end of three years, together with the whole of the intereft at the end
of each year refpeftively, to the ufe of this ftate, payable to the governor of this
Bond* taken to ftate for the time being, and all fuch bonds fhall be recorded in the fecretary's office of
the secretary's this hate within ten days after they fhall be delivered to the governor as aforefaid; and
ce' the faid refpeftive boards being fatisfied with the payment of the faid one fourth part
which fhall be depofited in the public treafury to the ufe of this ftate, and of the fe-
curity given for payment of the remainder within the time aforefaid, fhall forthwith
order the particulars fo bought, paid for and fecured, to be delivered to the buyer or
buyers, his, her or their affigns; and in cafe any perfon or perfons, who fhall be the
higheft bidder for any fuch perfonal goods or chattels fo expofed to fale as aforefaid,
fhall make any default in payment ofthe faid one fourth part of the purchafe money,
or in giving approved fecurity as aforefaid, for payment of the remainder within the
time aforefaid, the faid boards refpeftively fhall and may order the refpeftive fheriffs
Teithso/sale' or fuch other perfon as they fhall refpeftively appoint, to proceed to a new fale of
vrith, goods to all and every fuch perfonal goods or chattels for which fuch default fhall be made unto
creso " any other perfon or perfons, as if no fale thereof had before been made.
pSemore Provided neverthelefs, That no one perfon or any perfon for his or her "benefit or ufe,
five negroes fhall have a right or be permitted out of any or all the fale or fales which fhall or may
than twenty-
ef fifteen.age be made under and by virtue of this aft, more than twenty-five negroes above the age
of fifteen years; and allpurchafes of a greater number of negroes above that age by
any one perfon, or any perfon for his or her ufe, are hereby declared fraudulent and
void, and any and all negroes above that age and number which fhall or may be fold
contrary to the intent and meaning of this aft, fhall be demanded and taken from
any fuch purchafer, and again expofed to public fale.
StefSti Provided alfo, That any of the inhabitants and citizens of any of the United States
here, may be who fhall aftually come within this ftate with notorious intent to fettle in the fame,
jurciusera ^ apQWe(j to become purchafers at any of fuch fales, within the reftriftion
clvasedf tore- aforefaid: And provided further, That no purchafer may be allowed, or permitted
Kmth& to remove any fuch flaves fo purchafed as aforefaid without the limits of this ftate,
and that in cafe any perfon fhall, contrary to the intent and meaning of this aft,
within twelve months after the paffing and publication of the fame, remove or
carry from without the limits of this ftate any negro or negroes fo purchafed as afore-
faid, fuch -perfon or perfons fhall for fuch offence, forfeit double the value thereof,
to be recovered by fuit at law, to the ufe of this ftate.
fNcateil pro- And he it further enabled, by the authority aforefaid, That all and every perfort
mfdelnsfxty or perfons, being friends to the independence of this ftate, who fhall claim, or pre-
ba£e£clse,tistend to claim any right, title or intereft of, in or to any fuch real eftate of any perfon
herein and hereby attainted in and by this aft, fhall, within fixty days next after the
paffing and publication of this aft, by his, her or their attorney, or otherwife, pre-
fer or exhibit the fame to the faid boards refpeftively; and in cafe no claim fhall be
preferred and exhibited within the faid fixty days of, in or to any fuch real eftates of
perfons attainted in and by this aft, all and every fuch eftate or eftates fhall be deem-
Forty days bo- free encumbrances and charge; and the faid boards refpeftively may and fhall
ofrciidutcifP1"00^ to. give, public notice in writing of at leaft forty days for the fale of fuch eftates
C0NPlS€'ATi6N AND AMfeRtEMfeNT.
ihlike manner ts is required In and by this aft* in refpeft to the fale of perfonal
goods and chattels.
Provided niverthelefs, That in Cafe it fhall appear to any future legiflature, that any
infant or other perforr, being friends to the independency of this ftate, from being un- gj|jIfe™,^I_
der age or from any other unavoidable obftacle, could not prefer or exhibit his, her or bitthcirdaims.
.their claim or claims of, in or to any fuch real eftates, to the faid fefpeftive boards
within the faid fixty days, it fhall and may be lawful to and for any fuch Houfe
of Affembly to give and grant tohny fuch aggrieved perfon or perfons fuch relief
and redrefs, as fhall be deemed equal to the real value of all and every fuch claim and
claims, any thing contained in this aft to the contrary in any wife notwithftanding.
And provided alfo, That all fuch claimants' fhall have and be entitled to every advan- claimant* nuy
tage of being heard by counfel or otherwife before the faid refpeftive boards as any coJnsei?by
such claimants may think fit. And provided further, That all, any and every fuc^andmav a
claimant or claimants, who fhall or may be difcontented with the determination of any
of the-boards, refpeftively fhall have the rights of appealing from the fame to any
•of the fuperior Courts of this ft ate within the refpeftive counties.
And to the end that all fuch real eftates fo fold as aforefaid, may the more effeftu- Rea, estates to
rally be feCiired, affured, and confirmed to the refpeftive buyers; Be it enacted by the ye ars credit,
authority aforefaid, That the faid boards refpeftively fhall caufe the refpeftive fheriffs cent!'fm«est.
or fuch other perfons as fhall be appointed by the refpeftive boards, immediately af-
ter good and fufficient fecurity as aforefaid fhall be given and taken from the refpeftive
buyers, payable within five years next after any and every fuch fale, to the governor
of this ftate, for the time being, filch fecurity to be approved of by the faid boards
refpeftively, together with an intereft of fix per cent, payable annually to the gover-
nor as aforefaid, that then the faid refpeftive fheriff, or fuch other perfons as fhall
'be appointed by the faid refpeftive boards, fir all at the proper cofts and charges ofm!£t0lw
every fuch purchafer, fign, feal and execute to every fuch purchafer, good and fuf-
ficient-deeds of leafe and releafe for bargaining, felling, affuring, releasing, convey-
ing and confirming to every fuch purchafer, his or their heirs and afligns for ever,
every fuch traft of land or plantation fo to be fold and purchafed, and by virtue of
this aft, as herein before is mentioned and directed, which faid deeds of leafe and re-endors.edbyth5
7 # # 7 commissioners,
ieafe fhall be certified by the refpeftive boards, by an endorfement on the deeds of
releafe, fpecifying the aftual fale of the premifes, the conditions or purchafe money,
and the purchafer's name.
And be it further enaBed, by the authority aforefaid, That all fu its which fhall or t"^ai°be^e
may be commenced or caufe to be commenced in any of the courts within this ftate, by governor,
any of the faid refpeftive boards, under and by virtue of this aft, fhall be in the
name of the governor, in truft for and on behalf of this ftate.
And be it further enaBed, by the authority aforefaid, That all bonds, bills, notes,
conveyances by leafe and releafe or otherwife, transfers, exchanges, fettlements inmade'valkU
truft or otherwife of any fuch eftates, real or perfonal, of or belonging to perfons
hereby attainted, made or entered into before or fince the faid nineteenth day of April,
in the year of our Lord one thoufand feven hundred and feventy-five, being fair and
for bona fideandvaluable con fi deration, and not intended to fecure and keep the
fame from forfeiture and confifcation, fhall be deemed and held valid in law, any
thing herein contained fo the contrary notwithftanding. Provided neverihelefs, That The board* to
the faid refpeftive boards fhall have and exercife the powers of examination and en- ther«i»f.nquiry
quiry, by fending fot perfons, papers, and authenticated copies of records, by ad-
miniftering oaths, and otherwife, td difcover any and all collufions and frauds; and
70
CONFISCATION AND AMERCEMENT.
all deeds and writings of what nature or kind foever, which Ihall appear to have beeft
made with intent to fecure any fuch eftate, real or perfonal, from forfeiture and con-
fifcation, is, and are hereby adjudged and declared fraudulent and void.
wT^wom,crs And whereas the well managing of thefaid forfeited eftates is of the utmoft confer
quence to the fafety and prefervation of this ftate; Be it therefore enaBed, by the au-
thority aforefaid, That the feveral commiffioners nominated by this aft for the fettling
and difpofing the faid forfeited eftates, fhall each of them, before they enter on the
execution of their office, take the following oath before any magiftrate of the refpec-
theiroath. tive counties, not being a member of any of the faid refpeftive boards: 44 I, A. B*
do folemnly fwear, that I will, to the belt of my fkill and judgment, faithfully and
honcftly execute and perform the feveral and refpeftive duties required in and by ail
aft of the General Affembly of this ftate, entitled, 44 An aft for attainting fuch per-
fons as are therein mentioned," &c. as a commiffioner for the county of j
So help me God."
t\i give bond And for the more effeftual fccuring the benefits arifing on fuch eftates, Be it enac--
the governor. * ted, by the authority aforefaid, That the faid commiffioners, and each of them, fhall
give good and fufficient fecurity to the governor for the time being, in truft for the
ufe of this ftate, for the due and faithful performance of the truft rcpofed in them,
in proportion to the eftates fo entrufted to them, in manner and form following, that
is to fay;
Each of the commiffioners for the county of Chatham, five thoufand pounds*
Each of the commiffioners for the county of Effingham, two hundred pounds.
Each of the commiffioners for the county of Burke, one hundred pounds.
Each of the commiffioners for the county of Richmond, five hundred pounds.
Each of the commiffioners for the county of Wilkes, one hundred pounds.
Each of the commiffioners for the counties of Liberty, Glynn and Camden, five
hundred pounds.
Provided neverthelefs, that no one commiffioner fhall be fecurity for another com*
miffioner. ^
To appoint the it further enaBqd by the authority aforefaid, That the refpeftive boards do,
days of the saic. and they are hereby required to correfpond with each other, and to fettle different and
diftant days for felling of the eftates, real or perfonal, which fhail or may be fold un-
dcr and by virtue of this aft; and in order that all or any of the inhabitants of the
feveral counties may attend any fuch fales.
All monies a-ri- And to the end that all monies arifing bv means of all and every the fale and fales,
tSbc rents, iffues, and profits of any fuch eftates fo vefted in this ftate as aforefaid, may befe^
Ire'iuury0. lc cured and applied to the ufes and purpofes direfted by this aft, Be it therefore enaBed
by the authority aforefaid, That the faid refpeftive boards ihall and they are hereby
direfted and required to pay into the public treafury of this ftate, all and every fum
and fums of money which fhall or may come into their hands refpeftively by means
of any fale, or fales, rents, iffues and profits as aforefaid, within ten days next after
the receipt of all and every fuch fum of money by the faid refpeftive boards: And
the treafurers for the time being, are hereby direfted and required to make and fub-
fcribe three receipts for every fuch fum of money of the fame tenure and date, and to
deliver one pf fuch receipts to the governor for the time being, one to the faidrefpeft-
iVe boards, and the remaining one fhall be lodged in the lecretary's office of this
ftate.
And be it further enaBed by the authority aforefaid, That in cafe any of the
h«nvfi«cd. commffioners appointed in and by this aft fhall die, or refign their appointments.
CONFISCATION AND AMERCEMENT.
71
orrefufe or negleft to aft in the recefs of the legiflature, then the governor and coun-
cil for the'.time being are hereby authorized and empowered, to appoint fome proper
and difcreet perfon or perfons to aft in the room, or head of any fuch perfon or per-
fons who fhall or may die, or refign, refufe or negleft to aft as aforefaid.
And zvhereas the fheriffs of the feveral counties, or fuch other perfon or perfons compensation
who fliall fell any part of the confifcated eftates, will be put to conhderable trouble
in felling the feveral eftates ordered to be fold by this aft, and it is but juft and right
they fhould receive an adequate compenfation for the fame: Be it therefore enabled,
by the authority ajorefaid, That the feveral fheriffs, or fuch other perfon or perfons
who fhall fell at public outcry the feveral eftates direfted to be fold by this aft, or
any of them, or any part of them, fhall be allowed for their trouble therein the fol-
lowing commiffions, to wit, To the fheriffs, or fuch other perfon or perfons who
fhall fell thefaid eftates, in the county of Chatham, five fhillings on every hundred
pounds value fo fold, received and paid; and to the fheriffs, or fuch other perfon or
perfons who fhall fell the faid eftates, in the county of Effingham, Burke, Richmond,
Wilkes, Liberty, Glynn and Camden, fifty fhillings on every hundred pounds value
fo fold, received and paid, in each of the faid counties, to the amount of ten thou-
fand pounds, and for all fums above the amount of ten thoufand pounds, five flail-
lings on every hundred pounds value fo fold, received and paid.
And to the end that all monies arifing from the faid fales be more effeftually to|il?iecui:ty
fecured and applied to the public ufe: Be it therefore enabled by the authority afore- ^hes°ver'
faid, That the refpeftive boards are required to demand a reafonable fecurity of the
refpeftive fheriffs or other perfons, for the due and faithful performance of their of-
fices in felling the eftates both real and perfonal, forfeited, and confifcated by this aft
and direfted to be fold, which fecurity fhall be made payable to the governor for the
time being, in truft for the ftate, and fhall be filed in the fecretary's office of the fame,
there to remain as matter of record.
And be it further enabled by the authority aforefaid, That the faid refpeftive boards StuS
be, and they are hereby authorized and empowered to allow and appropriate any part ^Lp"edasSuP-e
or parts of the eftate or eftates, real and perfonal, of every perfon or perfons, at- thcW^c*.
tainted in and by this aft, who hath or have left a wife or wives, child or children be-
hind him or them, and w ho are yet and fhall continue to remain within this ftate, for
the fupport and maintenance of fuch wife or wives, child or children; Provided, that
fuch allowance and appropriation do not exceed the one half part of any fuch eftate,
except in cafes where the one half part of any fuch eftate fhall be found to be infuf-
ficient for thejr purpofes, that then, and in every fuch cafe, it fhall and may be lawful
fdr the faid refpeftive boards to allow and appropriate to the purpofes aforefaid, any
further part, or the whole of any fuch eftate or eftates.
And be it further enabled, by the authority ajorefaid, and it is hereby enabled and de-
clared, That all fum and fums of money arifing from all and lingular the fales of w°vrijilU)id
both real and perfonal eftates fo to be made.as aforefaid, fhall be employed towards
calling in and finking the certificates and bills of credit iffued by this ftate for the
public fecurity and defence, and towards defraying and difcharging the quota of this
ftate of the expences and difburfements of the United States in the prefent war with
Great Britain; and the remainder of the fame fhall be appropriated as a fund for the
future fupport of this ftate, fubjeft to the difpofal of the General Affembly of the
fame.
And be it further enabled, by the authority aforefaid, That this fhall be deemed a p.jy}c ,f-t.
public aft, and may be given in evidence in any of the courts of record within this
72
CONFISCATION AND AMERCEMENT.
generalbiue. ftate? vithput any fpecia} pleading] and in cafe any perfon fliy.ll be fued or implead-
ed for any thing done under this aft, and judgment by verdift or otherwife fliall be
palfed againll him, filch perfon fliali recover double colls.
By order of the Houfe,
N. W. JONES, Speaker.
March ill, 1778.
An act to alter and amend a claufe or claufes of an aB entitled 6£ An act for attainting
fuch perfons as are therein named of high treafon, for conffeating their tfates, loth
real and perfonal to the ifc of this fate, for efablifiing boards of commiffioners for
the fale of fuch efates, and for oilier purpofes therein mentioned," and for the bet-
ter and more effeBual carrying the other purpofes of the faid aB into execution.
preamble. "TTC^HEREAS in and by an aft of this Hate, palfed for attaintingperfons therein
V V mentioned of high treafon, and for conf fcating their eftates both real and
perfonal, to the ufe of this Hate, for eliablilhing boards of commilfioners for the
fale of fuch ellates, and for other purpofes therein mentioned, It is enaBed among
other things, That every buyer of perfonal goods and chattels, fo direfted to be fold,
fhall pay one fourth part of the amount of every fuch purchafe fo madp by perfons
within the defcription of the faid aft, to the faid boards refpeftjvely for the ufe of the
faid Hate, and fhall give good and fufficient fecurity, to be approved of by the faid
boards, refpeftively, for payment of the remaining part of the purchafe money,
within three years after the day of fale with interell for the fame at the rate of eight
per cent, per annum, to be paid in the following manner, that is to fay; One third
part of fuch remainder at the end of one year, one other third part at the end of
two years, and the remaining third part at the end of three years, together with the
whole of the interell at the end of each year refpeftively, to the ufe of this Hate, pay-
able to the governor of this Hate, for the time being: And whereas, it is direfted that,
the real eftates of fuch perfons as are mentioned in the faid aft of attainder and cpnfif-
cation fliall bedifpofed of and fold at a credit of five years paying interell for the fame
at the rate of fix per cent, per annum. And whereas the powers veiled in the faid
feveral boards of commilfioners appointed and conftituted in and by the faid in part
recited aft are repealed, and the faid boards refpeftively abolilhed and the powers and
authorities given to the faid commilfioners are, by a fubfequent aft of this Hate,
veiled in the legiflature of this ftate; And whereas it is deemed expedient for the ad-
vantage of this ftate, and the better to carry the purpofes of the faid aft of attainder
into execution, that the terms prefcribed in the faid in part recited aft with regard as
well to the fale of the perfonal goods or chattels, as the real eftate thereby direfted
Terms of wie to be fold, fhould be changed: Be it therefore enaBed, and it is hereby enaBed, by the
attainder re- reprefentatives of the freemen of the fate of Georgia, in General Affembly met, and by
the authority of the fame, That from and immediately after the palling of this aft, the
faid in part recited claufes of the faid aft of attainder and confifcation be, and they
are hereby repealed; and that, in lieu of the terms mentioned in the faid claufes, the
iherifts of the feveral counties for the time being, are hereby direfted to expofe to
public fale, to the higheft bidder, the perfonal goods and chattels of fuch perfons
mentioned in the faid aft; and that all fums of two hundred pounds and under be
TSKFISCATION AND AMERCEMENT. 73
caflG all above two hundred pounds to be half cafh, the other half on® year's SafSaS"'
credit, with inter eft from the delivery; land fecurity to be taken for all fold on ere- dSpS" £
dit, and four per cent, to be allowed for prompt payment on the parts for credit, S/rthaSum*
before the delivery of fuch goods and chattels. year's credit'cm
2. And he it further enabled by the authority aforefaid, That the faid fheriffs be, and with interest,
they are hereby dire&ed to fell and difpofe of the real eftate direfted to be fold as a- lie paid down
forefaid, to the higheft bidder, the one fourth part of the purchafe money to be paid reVest"«.of
at the time of fuch fale, and the remainder in three equal payments, yearly, together twand""™
with intereft from the day of fale, at the rate of eight per cent, per annum, and the p«t«iitbnte-
faid fheriffs (under the infpeftion of a committee appointed by the houfe) are hereby
dire&ed to demand, and take of fuch buyer of real eftate, fo fold as aforefaid, good with ™rtKi-
andSufficient fecurity by mortgage on the premiles, and other fecurity as may be ne-mkT^r
ceffary for the fafety of this ftate, for the faithful payment of fuch remainder of pur-tlersecum>*
chafe money fo due and to be paid as direfled by this aft.
3. And be it further enabled, by the authority aforefaid, That the refpeftive fheriffs in Tities.howto
each county in the faid ftate, be and they are hereby authorized and empowered -tobe executcd
make and execute title or titles to fuch perfon or perfons as may purchafe any part
or parts of the faid confifcated eftates, either real or perfonal, and that fuch title or
titles be, and they are hereby declared to be, valid in law.
By order of the Houfe,
- N. W. JONES, Speaker,
O Sober 30, 177 8.
An abl to compel non-ref dents to return within a certain time or in default thereof that,
their ejlates be confifcated, and for conffeating the efate of William Knox, Efq.
formerly provof marfial, of the then province, now fate of Georgia.
71 THERE AS great indulgence hath already been granted to perfons refiding in preamble.
V V the dominions of the king of Great-Britain holding property within this
ftate; And whereas it is neceffary that fuch perfons ftiould fliare with the good
people of this ftate, the expence and danger of defending the fame; Be it therefore E,tates of per-
enabled by the reprefentatives of the freemen of the fate of Georgia in General Af[em-\Teix\tiAxl^
hly met, and by the,authority of the fame, That the eftates of all perfons above the age felted unless
of twenty-one years refiding in the dominions of the king of Great-Britain, (ituate and |he\titeUand°
being within this ftate, who fhall not within twelve months next after the palling of this
aft come within the fame and take and fubferibe the oaths of the ftate as dire&ed and
required by the confthution and laws thereof, fhall be forfeited, confifcated, and fold
to the ufeofthe ftate, and the monies arifing therefrom applied to the like ufes, as the
monies arifing from the fales of the eftates under the a£l of attainder and eonfifca-
tion, Provided, That nothing in this aft fhall be conftrued to extend to per-
fons difabled by a former a£l of this houfe, entitled an aft for attainting certain per-
fons therein mentioned of high treafon for confifcating their eftates both real and per-
fonal to the ufe of this ftate.
2, And whereas William Knox hath by a long train of inimical aHs forfeited all^^»^»i
and every degree of right to proteftion of property within this ftate, and hath been very
.aEive in advifing and continuing the miferiec and calamities with which the good peo-
74
CONFISCATION AND AMERCEMENT.
co^fcSdalidple of this ftate have been aftlifted: Be it further enacted, fry tfrc (in>h ))'?<) aforej""fry
Mld That the eftate of the faid William Knox, both ical and pcrlbnal, be lold under the
regulations of the aft; of attainder, and the monies ariling fiom the falca be applied to
the ufes direftcd by the faid law.
Bv order of the Iloufe.
N. W. Jones, Sp taker*
November 15 th, 1778.
IVeroable.
An aft declaring certain perfons, who are therein defcribtd, citizens of tfrds fate, and
for burying in-oblivion certain high crimes and mijdemeanors,
WHEREAS numbers of perfons did, on or about the time of the Britiffi troops
taking poffeftion of the back parts of this ftate, receive and take the Eritilh
proteftion or oath contrary to their allegiance to this ftate; And whereas the faid fe-
\eral perfons have ftnee that period (convinced of the illegality of fuch their pro-
ceedings and mifdemeanors) fhewn their attachment and loyalty to the United States,
by rifquing their perfons and engagements, and teftifying it by various other aftions.
1. This feftion excluding certain perfons from the right of citizenftiip repealed
by aft of 1782.
2* be it further enafted by the authority aforcfaid, That all perfons having taken
citiiicnkiiip.j protections as aforefaid, and have joined the army of this or the United States, on or
before the fifth day of June laft paft, lhall be looked upon as citizens, and entitled
certain excep-to all the libeities and privileges of free people, except thofe who have been guilty
10ns' of murder or plundering, or diftrefiing the peaceable inhabitants of this or any other
ftate.
On wliat con- 3. And be it further enafted by the authority aforcfaid, That all perfons who lhall
ti«turn.owe come in avid join any regiment in this ftate, on or before the firft day of Oftober
next, not guilty of any of the offences above defcribed, and lhall give fecurity to
ftand his trial for any crime that may be brought againft him, that then, and in that
cafe the perfon lhall be fufFercd to remain until the determination of the court as
aforefaid, and if no crimes can be proved againft him, they are hereby entitled to
•2iitakean the liberties of a free citizen, and lhall take and fubferibe the following oath before
the commanding officer of the diftrift in which fuch perfon may refide or belong, viz.
Tkeoath. " I A. B. do folcmnly fwcar or affirm, without any equivocation or refervation of
mind, that I do in truth and fincerity, cheerfully and defiroufly, renounce and ab-
jure the king of Great-Britain, his heirs and fucceffors, and alfo the crown thereof
forever: And I do further folemnly fwear or affirm, that I will bear true allegiance
to the ftate of Georgia, and do everything in my power to fupport the independence
of the fame, agreeable to tne declaration paffed in congrefs on the fourth day of July
one thoufand leven hundred and feventy-fix, and alfo that all treafons, combinations
and confederacies, or any movements of the Britilh troops, their emiffaries or fpies.
againft it, which fhall come to my knowledge, I will immediately make known to
the officer commanding the diftrift I belong to, or the neareft juftice of the peace.
So help me God."
certain»a*to 4* ^ further enafted, That if any perfon or perfons herein before men-
tioned? who have heretofore taken the faid proteftion or oath lhall hereafter take or
CONFISCATION AND AMERCEMENT,
75
receive either of them as a Britifh fubjeft, or fhall fpeak in favor of the jBritifli king
or his vafiais, or fhall take up arms in aid thereof, or fhall fpeak againft the legality.
of congrefs, or the independence of this or the United States, or refufe to take up
arms againft the enemies thereof when required, in either cafe fhall fuffer death or
baniftiment, at the .option of the jury.
5. And be it further enaBed, That this aft fhall be looked on as a public aft, andPublicaA;
he given as fuch in evidence. - ' : '
6. And be it further enaBed, That this a 61 fhall be and continue in force for and continuation
during the fpace of three years, and from thence to the end of the next feffion* of the
General Affembly, and no longer. •; •>
By order of the Houfe, .
. JOHN JONES, Speaker.,
' Auguft 20, I781I '
/ • • <»
An a-B to amend an aB declaring.certain perfons therein defcribed citizens of thisfate^
and for. burying in oblivion certain high crimes and mijdemeanors*
1. T iT' THEREAS the faid a6l paffed on the twentieth day of Auguft laft, hath been freambie.
VV' fQund inadequate to the purpofes intended, Be it enaBed by the reprefenta- First clause i«
.lives of the freemen of thefate of Georgia, in General Affembly met, and by the autho- repealed.6 * .
rity of the fame,. Tliat the firft claufe in the faidaQ:, which refpefl^ officersj fliall be ; : . j;
and the fame is hereby repealed and of no force or effe£t whatever, any matter or
thing contained in the fame to the.contrary notwithftanding. •/,
2.. And be it further enaBed, by the authority af orejdid, That this a6l fhall be deemed a tubiicaes;
public a£l, and given as fuch in evidence. -
By order of the Houfe, '
, WILLIAM GIBBONS, Speaker, •
vAugufta, January 12, 1782, •
■ * ;* .» -.k 4
An aB for amercing certain perfons therein named, andfor Other purpofes therein men--
. - h ■■ tioncd. ... ■■ - - .
WHEREAS many perfons have withdrawn themfelves from the defence of this^mbies
ftate, fome of whom bore high and important trufts, or commiffions under the
'fame, accepted proteftion from the enemy in utter contempt of the authority of the
ftate, and to the evil example of focietyand forgetting all the focial ties of kindred
\,and humanity, didaffift in endeavoring to enforce the laws of Britifh government,; and
overturn that mild and equitable fyftehl of5 government, which they had affifted to
raife,.and which it was their-duty to fupport; And whereas it is but juft and reafonable', •
that -the. eftates of fuch perfons, both real and perfonal, be amerced^ and that a due
. difcri'mihatio'n fliould be made; Be it therefore enaBed by tht reprefentativ.es of the free* commissioner
men of the fate of Georgia in General -Affembly met, and by the authority of the fame, l°ntorVtfe-
That the commiffibners appointed, for carrying into execution an aQ:, entitled 44 An sonS"erfemna^
aflfor in Biffing penalties on, and conhfcauing the eftates of fuch perfans gs are;theye-taca'
in declared guilty of treafon, and for other purpofes therein mentioned," fhall, with*
76
CONFISCATION AND AMERCEMENT.
>ersofis refn-
ting to give an
accountof their
property, for-
feit double
amercement.
in two months, after palling this aft, take an inventory and appraifeirient of the eftates
of the pcrfons herein after mentioned, viz. Thomas Polhil, Sir Patrick Houftoun,
John Sutcliffs, George Bahl Spencer, Thomas Wylly, William Struthers, Amos
Whitehead, M'Carten Campbell, James Lambert, Andrew M'Lean, John Irvin,
George Cuthbert, Benjamin Farley, John Goldwire, and Thomas Johnfton, and
within four months thereafter, take out the amercement herein after mentioned, that
is to fay, twelve per cent, on the true and equitable value of all fuch eftates both re-
al and perfonal, of the perfons herein before mentioned; and that the faid commiflion-
ers or a majority of them fhall inventory and appraife the ellates of the perfons here-
in after named, viz. William King, John Lowerman, Smith Clarendon, Stephen
Millen, Jofeph Cuthbert, Jofeph Fox, Luke Mann, Thomas Walker, Nicholas Ca-
venah, David Cavenah, Peter Winn, heirs of George Walker, David Johnfton,
James Johnfton, David Delegal, Benjamin Wilfon, RobertBaillie, George Houftoun,
James Moffman, David Douglafs, William Stephens, and take out the amercement
^TJ££°ttof hereafter mentioned, that is to fay, eight per cent, on the true and equitable value of
all fuch eftates both real and perfonal, which faid amercement fhall be paid by the
feveral perfons herein before named, into the treafury of this ftate, within fix months
from and after the palling of this aft ; and that the faid perfons herein before named
fhall be obliged to give to the faid commiffioners or a majority of them, a juft, true
and perfeft account on oath, of all their real and perfonal eftates which they are pof-
feffed of, or which others may or do hold in truft for them, within forty days from
and after the palling of this aft ; and in cafe of refufal or negleft, the faid commiflion-
ers or a majority of them are hereby empowered, authorized and required to have the
eftates real and perfonal, of the perfons herein before mentioned, appraifed by three
free-holders, who fhall be fworn for that purpofe; and the faid perfons fo neglefting
or refuting as aforefaid, fhall forfeit double the amount of their refpeftive amerce-'
ments, which fhall be recovered by fale, out of any part of their real or perfonal ef-
tates.
2. Refpefting military regulations. ObfoTete;
3. And be it enafled, That the commiflioners or a majority of them, are hereby re-
quired to deliver all monies which they may receive by virtue of and in purfuance of
this aft, as well as all inventories and appraifements, and a copy of their accounts once
in every thirty days, to the treafurer of this ftate, who is hereby authorized to give the
faid commiflioners or a majority of them a fufficient receipt for fuch fum or fums as
may be by him received.
4. Refpefting military regulations. Obfolete.
5. And whereas it will be of great fervice to the ftate in recruiting the continental
battalion, to receive all or a part of the different amercements immediately, Be it en-
aEled by the authority aforefaid, That any perfon or perfons amerced as aforefaid, who
fhall within thirty days from and immediately after the pafling this aft, pay or caufe
to be paid into the treafury or hands of the commiflioners, all or any part of the fum. he
or they fhall be refpeftively amerced, fuch perfon or perfons fo paying as aforefaid,-
fhall be entitled to, and allowed a deduftion of ten per cent, on all fuch part of his
faid amercement, as he fhall pay, or fo caufe to be paid, and any perfon fo fined or
Amerced as aforefaid, who fhall within the fpace of three months, fo pay or caufe to
be paid all or any part of his faid amercement, as aforefaid, he or they fhall be entitled
to, and allowed a deduftion of five per cent, any matter or thing herein contained to
the contrary thereof notwithftanding.
Money arising
under this adt
to be paid into
the treasury.
Ten per cent,
allowed on
prompt pay-
anent.
CONFISCATION AND AMERCEMENT.
77
6. And be it further enabled) That any perfon or perfons fo amerced as a fo r c faid, welfllf°" in-'
who {halls within thirty days recruit or inlift any able bodied foldier for the continen- lutlIiesoldiers-
tal battalion and produce a certificate thereof within the faid time fhall be allowed a do-
duftion from his faid amercement of the fum of forty pounds; and where any fuch
perfon fhall place in the faid battalion any able bodied man as aforefaid within three
months from and after the pafling hereof, he or they fhall be allowed for every fuch
foldier, the fum of thirty pounds to be taken from the amount of his faid amerce-
ment, fubjeft however to no other deduftion whatfoever.
7. And be it further enabled, That all and every perfon and perfons named in this Persons h?rein
aft fhall be, and he and they is and are hereby declared to be difqualified, and ren- qSecffJr
dered incapable to ferve on any jury, or to vote at any eleftion for members of Aflem- tw°ycar8-
bly, or to ferve in.the fame, for and during the fpace of two years from and after the
pafling of this aft; but fuch perfon and perfons are hereby declared to be in
all other refpefts reftored to the rights of citizenfhip within this ftate, on complying
with the terms of this aft, and taking the oaths of allegiance before any of the aflift-
ant judges of the county to which they refpeftively belong, in as full a manner as if
the aft of confifcation before named had never been made, or as any other American
citizen doth enjoy the fame, fubjeft only to the difability in this aft contained; and
all offences of a public nature (murder only excepted) fhall in regard to fuch perfon ofiences,ex«Pt
and perfons be for ever buried in oblivion, laving only the right of civil aftions as to ricdin oblivion,
any perfon or perfons who may apprehend him, her or themfelves aggrieved by fuch vfuaons?C1"
perfon or perfons named in this aft."
8. And whereas certain parts of the eftatesreal and perfonal, of feveralof the per- Furtherpow.
fons named in this aft, have been under former laws fequeftereci and applied to pub- mis^on^01*"
lie ufe, and other parts have been fold, and difpofed of under and by virtue of a
certain aft, of confifcation, pafled at Augufta on the fourth day of May laft pad,
and entitled 44 An aft for inflifting penalties on, and confifcating the eflates of fuch
perfons as are therein guilty of treafon, and for other purpofes therein mentioned,"
Be it therefore enabled, by the authority aforefaid, That in all cafes where any part of the
monies have been received, or property in lieu thereof taken and applied to public
ufe, the amount of the fame fhall be acknowledged and received by the commiflioners
appointed in andby.this aft, as fo much of the amercement of fuch perfon or per-
fons refpectively; and in all cafes where any part of the eflates, real and perfonal, of PurcIiasersof
the faid perfons or any of them named in this aft, hath been fold or difpofed of by hf?dner"
the faid commiflioners, it fhall and may be at the option of the purchafer or purcha- Hn|5shTor re*
fers either to give up his, her or their purchafe, or to keep the fame. In the latter «0l&2F<£S>n.
cafe .the faid fale fhall be confirmed, and his honor the governor for the time being
fhall aflign and fet over to the perfon or perfons whofe property was fo fold, all bonds, The governor
mortgages and other fecurities taken for the fame by the faid commiflioners from the such^kon, au
faid purchafer and purchafers, and thereafter the faid bonds, mortgages and other Sinf
fecurities, with the monies thereon due and to grow due, to hold to fuch perfon and
perfons refpeftively, to whom the fame are fo afligned as aforefaid, and their refpec-
tive heirs, executors, adminiftrators and afligns, abfolutely for ever; and in this
cafe no fuit or aftion fhall be brought againft the faid purchafer and purchafers, for
the fpace of two years from January next, and then whatever would be deemed a
good payment to the public, fhall be held and taken as fuch by the perfon or perfons
to whom the faid bond and other fecurities are afligned: And if it fhall fo happen Purchas?rre.
the faid purchafer or purchafers under the faid confifcation aft fhall choofe to give proquuen)ff^e
up his, her or their purchafe, he, fhe or they {hall have power fo to do, and the eftate lVneer,origi,wl
7&
CONFISCATION AND AMERCEMENT.
real or perfonal purchafed by fuch perfon or perfons being re-delivcred to toe
or owners in this act named, the faid purcbafer or purchalers fliall be entirely a^-
quitted and releafed from all claim or concern in the faid ellatc, and the lame lna;*
hold to the faid original owner or owners, his, her or their heirs, executors, autnij
niftrators and affigns forever, fubject only to the amercement in this act fpeciried «.Hu
contained. r
Estate of inch g, And be it further enacted by the authority aforefaid, That all fuch parts or the ei-
*estoredriwlu'tates of them the faid feveral perfons herein before named, either real or peifoim.,
which have not been already, and before .the palling of this act, lold and difpofed of,
by the commiiTioners aforefaid, fhall be, and the fame is hereby declared to be fully,
truly and abfolutely reltored to them the. faid feveral. perfons herein before named
refpectively, and their refpective heirs, executors, adminiltrators ana affigns for-
ever in as full and ample a manner, to all intents and purpofes, as if the laid act of
confutation palfcd at Auguda as aforefaid had never been madef
S'lbieftpo pay- io. And be it further enabled by the authority aforefaid, That the faid feveral perfons
r.ibdolehT herein before named lhall pay and fatisfy the commiiTioners the full amount cf their
conrmiffians refpectively, on the fales of fuch part of their ellates as have been fold.
Tier-^cto it. And be it enabled by the authority aforefaid, That the date will and do guarantee
hifhhuty and defend the commiiTioners appointed by this act, or a majority of them, in all their
conuTu.nonaa. proceecJings for carrying the powers and authorities given them into full effect, and
willalfowarrant and forever defend all and every fale or fales which the faidcommif-
doners, or a majority of them, lhall make to any purcnafer orpurchafers of any part
or parts of the ellates of the aforenamed perfons.
commissioners is. And be it enabled by the authority aforefaid, That the commiffioners for carry-
pejyeVyard jng this aft into execution ffiall be allowed one pound for every fuch hundred pounds
pcnu*. placed in their hands, and paid by them agreeably to the meaning of this aft, toge-
tber with an allowance for fuch reafonable charges as may accrue from the exccu-
tioh of the fame.
o-iin^apv* 13* ^fur^lcr enabled. That if any perfon named in this act fhall frauciu-
property,'to ^en^V make over or remove, or conceal any part or parts of his or their property,
forfeit it. wjth intent to defraud the date, fuch perfon or perfons lhall forfeit all and every fuch
part and parts of his or their ellates lb made over, removed or concealed, c-n fat-
isfaftory proof being thereof made before any court of record within this flate.
Public act. 14- be it farther enabled by the authority aforefaid, That this aft Hi all he
deemed a public aft, and ffiall be confidered in the mod beneficial manner for the
intercd of this date.
JAMES HABERSHAM, Speaker.
Savannah, Augud 5, 17S2.
An act for amercing certain prfons therein named and admitting others to the rights of
citizenfvp, and for other purpofes therein mentioned.
pieambie. 1.1[ TTlER E AS the legiflatufe of this date by their refolution?, paffed In the year
■ V V one thoufand feven hundred and eighty-three, and eighty, four, relieve from'
the.pains and penalties of baniffiment, as directed by the act of this date, for indict
ing the pains of baftilhment and connfcation of perfons therein named, and directed
that the names of the following perfons ffiall be taken from the act ofconfifcation, and
placed on the amercement act, and that-the amercement fhould not exceed twelve'
TOSFISTCATION AND AMERCEMENT.
79
per centum: And whereas the prefent lefiflature have agreed to take others in like
fituation from off the act of attainder, viz. Andrew Johnfton, Timothy Barnard,
Ifaac' Dclybft, Alexander Carter, Alexander Role and William Durgan: Be it there- Certa.-nper-
fore enabled by the reprefentatives of the freemen of the fate of Georgia, in General fnmth!ls'Li-
Affembly met, and it is hereby enabled by the authority of the fame, That Thomas of confiscation
Young, Raymond Demere, jun. John Glen, Levi Sheftali, Thomas Gibbons, fit*01*11"
Ifaac Heaton, Ifaac Downie, Thomas Beatty, Robert Porteous, James Spalding,
Alexander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alex-
ander Carter and Alexander Rofe, be and they are hereby feverally relieved from
the pains of the faid act of confifcation and b'anilhment.
2. And be it further enacted by the authority of or efaid, That the eftates both real g AY? Yon-
aad perfonal, of the laid Thomas Young, Raymond Demere, jun. John Glen,
Levi Sheftal, - Thomas Gibbons, Ifaac Heaton, Ifaac Downie, Thomas Beatty,
Robert Porteous, James Spalding, Alexander Creighton, Alexander Rofe and
Ifaac Delyon, are hereby amerced and made fubject to twelve per centum : and
that Andrew Johnfton, Alexander Carter and William Durgan fhall be fubject to
pay one per centum only, as an amercement on fuch property as they may poffefs;
and that Timothy Barnard be fubject only to one quarter per centum; the fame to be
paid within twelve months to the treafurer or commiihoners of confifcated eftates,
for the ufe of this ftate, (all perfons neglecting to pay the fame in the time limited
fhall be liable to pay double that fum) to be paid in fpecie and nothing elfe.
3. And be it further enabled by the authority aforefaid, That the faid Thomas ? Afued tore_
Young, Raymond Demere, jun. John Glen, Levi Sheftali, Thomas Gibbons, Ifaac tj;friajJ.dtseofy
Heaton, Ifaac Downie, Thomas Beatty, Robert Porteous, James Spalding, Alex-ckiz£*ship>
ander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alexander
Carter, William Durgan, and Alexander Role, fhall return to, enjoy and polfefs
every right of citizenlhip in this ftate, any thing in the faid act of confifcation to
"the contrary notwithftanding: Provided always, That the faid Thomas Young, Ray-tndercertain
mond Demere, jun. John Glen, Levi Sheftali, Thomas Gibbons, Robert Porte6us, KXS1S.
James Spalding, Alexander Creighton, Andrew Johnfton, Ifaac Delyon, and Alex-
ander Rofe, fhall not be permitted to vote at elections, hold offices under the
government, or be eligible to a feat in any of the departments thereof, until fourteen
years fhall have elapfed from the palling of this act: And provided alfo, That Thomas
Gibbons fhall not plead or practice in the courts of law of this ftate for the faid term
of fourteen years.
4. And be it further enabled, That all fupplies that have been taken from the above Nottoberaid
mentioned perfons, for the ufe of the army or payment of any of the foldiers, fhall kYfromdAt
not be brought in charge againft this or theUnited States.
5 .And be it further enabled by the authority aforefaid, That John Mullryne and certain persons
Solomon Kemp, two perfons named in the faid a6l of banifhment, fhall be, and they rvfp*tilSl
are hereby permitted to be and remain in this ftate for and during the term of fevenstatc-
years, without moleftation or injury in refpefl to their perfons for or on account of
the faid adl, and all and Angular the eftates, real and perfonal of the faid Solomon Estate of soio-
Kemp, which now remains unfold by the commiffioners of forfeited eftates fhall be, £|kfhi?wlfY
and the fame is hereby gratuitoufly given to and vefted in the wife and children, of"1 c':adre11,
the faid Solomon Kemp, for and notwithftanding the faid act of confifcation, or other
matter or thing appertaining to the fame; fuch property fo given to the faid wife and
children of the faid Solomon Kemp, to be neverthelefs fubject and liable to a proper-
tionable part of any debts he may owe; Provided neve?ihelejs: That? for all property^.0
8o
CONFISCATION AND AMERCEMENT.
a«Selve rea-l anc* perfonal, heretofore belonging to any of the perfons aforefaid, that has been
fold by virtue of the act of confifcation and attainder, the auditor fhall, and he is here-
by required to give fuch perfon, the former owner of thefaid property, a certificate for
a fum equal to the amount of the fale of fuch property.
Negroes the b. And be it further enabled by the authority aforefaid, That it fhall andmay be law-
tinted persons, ful for any citizen of this ftate, or any of the United States, to purchafe and bring in-
"dyoutofthea to this ftate, and thereafter to hold any negro or other {lave, the property of any per-
fon named in the act of confifcation and banifhment, Provided fuch negro or other
{lave has not been fold by the commiflioners of confiscated eftates, and was without
the limits of this ftate, at the time fuch purchafe was made, any thing in the act of con-
fifcation to the contrary notwithftanding.
ttdtStheSjhte 7* n^ w^iereas William Welfcher, Malcom Rofs, James Farre, Donald M'Leod,
of citizenship. William Thompfon, John Milne and David Leion, come within the provifo of the
alien act, having applied for the rights of citizcnfhip previous to the pafling thereof,
Be it therefore enabled, That from and immediately after pafling this act, the faid Wil-
liam Welfcher, Malcom Rofs, David Leion, James Farre, Donald M'Leod, William
Thompfon and John Milne, fhall be, and they are hereby declared free citizens of
this ftate, any thing in the faid alien act to the contrary thereof notwithftanding.
By order of the Houfe,
JOSEPH HABERSHAM, Speaker,
Savannah, February 21, 1785.
An ablfor the confifcating the efates of certain perfons therein defcribed, and for the
providing funds for defraying the contingent expence of thisfate.
preamble. T 7T 7 HERE AS it is abfolutely necefiary a fund fhould be raifed for the defraying
V V the contingent and necelfary expences of this ftate, which muft and will ac-
crue ;
And whereas numbers of difaffected perfons have deferted the grand caufe of Ameri-
ca, and have joined the troops and forces of the Britilh t) rant, contrary to the allegi-
ance they owed the United States, many of whomha\e left large eftates which reafon
and policy dictates fhould be applied to the ufes of government:
SfpoS? °f l. Be it en a Bed by the reprefentatives of the freemen of the Jiate of Georgia in General
tlshiines^con- Affembly met, and it is hereby enabled by the authority of the fame, That from and imme-
iiscated. diately after the pafling this act, the eftates and pofleflions of what and every nature
foever wTithin this ftate, of all and every perfon and perfons who {hall now be, or may
have been within the Britifti lines, as Britilh fubjects, and who are not included in the
act of confifcation pafied on the firftday of March in the year of our Lord one thou-
fand feven hundred and feventy-eight, or in the act for burying in oblivion certain
high crimes and mifdemeanors, pafied the twelfth day of Auguft one thoufand feven
hundred and eighty-one, or in the amendment thereof, pafied this prefent feflion, or
who are not at this time looked on and refpected as citizens of this ftate, {hall be, and
they are hereby confifcated, to and for the ufe of the fame,
certificate^ 2. And be it further enabled by the authority aforefaid, That in order to defray the
credit of such expence of government as aforefaid. there {hall be certificates iflued on the credit
€$t%tcs for AO '
ffiMcne e^ates t0 amount °f twenty-two thoufand one hundred pounds fpecie,
hundred which faid certificates fliall be drawn in the manner following, viz,
punndi. v
CONFISCATION AND AMERCEMENT. 81
This certificate For the fum of fhall be received in payment at the falesCirtlhclte'
of confiscated eftates as fpecie.
3. And whereas a great demand will be in the quarter mailer's and commiffary's Qj,arter mas-
department, Be it enabled by the authority aforefaid, That the heads of the faid depart- mLs«riictom"
ments on making contracts for provifions or other neceffaries for the armies or other cl\«Ctoblhu-
ufes of this ftate, or in fettling thofe already made, fhall give the perfon or perfons fo afonre"aidyccrtt
contracting, or who may have contracted as aforefaid, temporary certificates, who are
hereby required within one month thereafter to produce the fame to his honor the
governor, for the time being, who, on examining and confirming the fame is hereby
empowered to iffue certificates as aforefaid in favor of the perfon or perfons fo pro-
ducing the faid temporary certificates for the amount of the fame, fo as the whole
certificates iffued for the faid departments do not exceed the fum of three thoufand
pounds fpecie; and the faid quarter mailers and commilfaries are further required
to deliver in monthly returns to his honor the governor, fairly Hated, of all fuch con-
tracts by them made as aforefaid, within the fanie, which faid returns fhall be regiller-
ed and filed in the fecretary's office.
4. And be it further enabled, That his honor the governor, for the time being, be
empowered to draw certificates as aforefaid, to the amount of five hundred pounds ^entcxpcu"
fpecie to defray fuch neceffary lervices as may be deemed expedient by him and the
honorable the executive council.
5. And beit further enabled, That his honor the governor as commander in chief °f poundsT^/^e-
the militia, be empowered to draw a further fum of one hundred pounds fpecie, for fe- w*™™-
cret fervice.
6. And be it further enabled, That his honor the governor be empowered to draw Five hundred
« j o a pounds to e-
certificates for the further amount of five hundred pounds fpecie, for defraying the state
neceffary expence in equipping the men and providing horfesfor the troop to be kept
up in the Hate legion for the defence of this Hate.
7. And be it further enabled, That his honpr the governor for the time being, be fur-
ther empowered to iffue certificates as aforefaid for the further amount of fifteen thou - pfjrsmilitia,
fand pounds fpecie, to pay off the arrears of the militia of this Hate; and in order that juf-
tice be effectually adminiltered in the faid payments, the captains of the companies of the
refpective regiments, fhall make out on oath, pay-rolls, with every man's name fairly Gf pay"
and clearly Hated, with the time they were aflually in the field, which faid pay-rolls
fhall be certified by the commanding officers of the refpedtive regiments as aforefaid,
who are hereby required Hridtly to examine the fame, that the faid certificates for the
fervice aforefaid, fhall be iffued in the names of the feveral perfons who have done
the duty feparately.
8. And be it further enabled, That his honor the governor be empowered to iffue jwo thousand
certificates for the further amount of two thoufand five hundred pounds fpecie, if ne-
ceffary, to defray the expences of the civil lifi. :
9. And be it further enabled, That his honor the governor be further empowered rivellllndrcd
to iffue certificates for the amount of five hundred pounds fpecie for the paying offpa°^n^fGerrf^-
the officers and privates reduced of the legion dragoons agreeable to thq time they legion!5 of saia
have ferved.
10. And be it further enabled, That the faid certificates fhall be iffued in. payment Price of articles
and contracts on account of the Hate at the rate articles fold for during the years one the'standard *
thoufand feven hundred and feventy-four, and one thoufand feven hundred and fe- ceedtwo«hn-
J . lings and six-
venty-five, except corn, which fhall not exceed two fhillings and fixpence per buffiel.
L
CONFISCATION AND AMERCEMENT.
Ic redeemed. 11. And be it further enabled, That unlefs the (aid certificates fhall be redeemed
by the firft day of November next, the faid eftates, or fuch part thereof as will re-
deem the fame fhall be jold at public outcry to the higheft bidder, at which fales the
faid certificates fhall be received as fpecie as aforefaid.
biscaa. 12. And be it further enaBed, That this aft fhall be confidered as a public aft and
given as fuch in evidence.
WILLIAM GIBBONS, Speaker.
January 3, 1782.
An aB for infiBing penalties on, and conffcating the efates of fuch perfons as are
therein declared guilty of treafon, and for other purpofes therein mentioned.
preamble. t TT THEREAS, on the firft day of March, which was in the year of our Lord
V V one thoufand feven hundred and feventy-eight, an aft was pa fled for at-
tainting certain perfons therein mentioned of treafon, and confifcating their eftates
for the ufe and benefit of this ftate, which aft has not as yet been carried into full
execution: And whereas it is neceflary that the names of the faid perfons fo attainted
by the faid law, fhould be infertedin a law, with the names of various other perfons
who have fince the aforefaid time been guilty of treafon againft this ftate, and the
authority of the fame, by traiteroufiy adhering to the king of Great-Britain, and by
aiding, aflifting, abetting and comforting the generals and other officers, civil and.
military, of the faid king, to enforce his authority, in and over this ftate, and the
good people of the fame: And whereas the faid treafons have been followed with a
feries of murders, rapine and devaftation, as cruel as they were unneceflary,
whereby order and juftice were banifned the land, and lawlefs powrer eftablifhed on
high, exhibited the melancholy piftureof Indians inflifting dreadful punffhments on
both old and young of the faithful and peaceable citizens of the ftate; women and
children fitting on the ruins of their houfes, perilhing by famine and cold, whilft
others were compelled in the mid ft of a rigorous feafon to depart the ftate, being
previoufly plundered of both their and their children's clothing, and every other ne-
ceffary that might tend to mitigate the uncommon feverities exereifed on the fofter fex
and their innocent babes; nor was this all—whilft thefe days of blood and Britifh
anarchy continued among us, and commanded executions of our citizens, taken in
arms in defence of their invaluable rights, to take place—executions as unauthori-
zed by the laws of nations as they were cruel in themfelves, and only to be exceed-
ed, if poflible, by the abandoned profligacy of fetting torches to temples dedicated
to the fervice of the Most High God, whereby they completed a violation of every
right, human and divine: And whereas the aforefaid treafons and other atrocious
crimes juftly merit a forfeiture of proteftion and property: Be it enaBed by the re-
prefentatives of the freemen of the fate of Georgia in General Afjembly met, and by
wmMOfper" the authority of the fame, That all and each of the following perfons, viz. for Chat-
ham, Sir James Wright, bart. John Graham, Alexander Wright, Lachlan M'Gil-
livray, John Mulryne, Jofiah Tatnall, Bafil Cow7per, William Telfair, Alexander
M'Goun, Thomas Talmalh, Samuel Douglafs, Lewis Johnfton, fen. Lewis John-
fton, jun. William Johnfton, Thomas Johnfton, James Johnfton, Samuel Farley,
James Alexander, Jofeph Spencer, James Butler, John Wood, Robert Reid, John
Storr, Thomas Reid, George Houftoun, Philip Delegal, fen, his heirs, devifees or
CONFISCATION AND AMERCEMENT.
Cifligns, Philip Dclegal, jun. David Delegal, John Glen, John Bond Randall, James
Molfman, John Charles Lucena, Nathaniel Hall, Thomas Gibbons, John Fox, jun.
John Simpfon (Sabine Fields), Matthew Stewart, John Sutcliffe, Benjamin Farley,
Thomas Rofle, John Joachim Zubly, his heirs, devifees or afligns, David Zubly,
jun. George Baillie, William Wylly, Campbell Wylly, Thomas Wylly, Levy Sheftall,
James Flarriot, James Graham, James Hume, John Hume, his heirs, devifees or
afligns, Thomas Goldfmith, his heirs, devifees or afligns, Major James Wright,
James Robertfon, Henry Young, jun. Jofeph Farley, his heirs, devifees or afligns,
John Fowles, Thomas Fleming, Alexander Thompfon, Robert M'Cormick, his heirs,
devifees or afligns, Thomas Forbes, Colonel Thomas Brown, James Thompfon, Wil-
liam Jones, of Savannah, Martin Jollic, Donald Frafer, Ifaac Baillou, Do&or John
Irvine, George Kincaid, Willam Knox, John Murray, George Cuthbert, William
M'Gillivray, William Stephens, Benjamin Wilfon, Peter Dean, George Fox, Mofes
Kirkland, John Lightenftone, William Lyford, Andrew Hewet, Alexander Inglis,
James Briibane, William Miller, William Mofs, Philip Moore, William Panton,
Thomas Skinner, John Mulrync Tatnall, Charles William M'Kenny, his heirs,
devifees or afligns, Alexander Rofe, Charles Wright, fen. Robert Porteous, Jer-
myn Wright, his heirs, devifees or afligns, Charles Wright, fon of Sir James, John
M'Gillivray, Tim Barnard, Ifaac Delyon, Peter Edwards, Samuel Langley, and
Samuel Ealy: Liberty, Glynn and Camden, Roger Kelfal.l, Thomas Young, Simon
Munro, Flenry Munrog James Spalding, Robert Baillie, Alexander C-reighton, Ro-
derick M'Intofh, William M'Intofh, Indian trader, Charles M'Daniel, his heirs,
devifees or afligns, John M'Donald, Donald M'Donald, Daniel M'Leod, Daniel
M'Intofh, John Polfon, his heirs, devifees or afligns, William Rofs (Saint An-
drews), John Wefly, -——M'Coy, of Saint Andrews, John Shave, jun. Richard
Shave, Arthur Carney, fen. his heirs, devifees or afligns, Arthur Carney, jun. Willi-
am Dawfon, of Newport ferry, Charles Watts, fliip carpenter, —- Shepherd, of
Colonel's ifland, James Carfon, of South Carolina, William Clark, Sir Patrick
Flouftoun, bart. John Martin, of Jakell ifland, his heirs, devifees or afligns, James
Ketching, John William Williams, Raymond Demere, jun. John Proftor, Daniel
M'Girth, James M'Girth, George Aarons; Effingham county, William Willis,
Abraham Meneey, Henry Cooper, fen. Flenry Cooper, jun. William Cooper,
Benjamin Lanier, John Boy kin, Joffiua Pearce, fen. William Pearce, Stephen
Pearce, Philip Dill, fen. Philip Dill, jun. James Dill, his heirs, devifees or affigns,
John Goldwire, James Pace, fen. Chriftopher Frederic Trubnier, Stephen Dam-
pier, Peter Blytb, his heirs, devifees or afligns, John Blyth, Samuel Cooper, George
Weekly, Wilderick Gruber, Jofeph Johnfton, John Johnfton, William Powell,
William Love, John Love: Burke county, John Thomas, Daniel Ruflel, Matthew
Lyle, Robert Miller, John Robertfon, Daniel Howell, Alexander Carter, Robert
Wolfington, Willoughby Tucker, John M'Cormick, his heirs, devifees or affigns,
Paul M'Cormick, his heirs, devifees or afligns, Robert Henderfon, his heirs, devi-
fees or afligns, Lud Mobly, James Herbert, James Moore, his heirs, devifees or-
affigns, Samuel Moore, Jofeph Cornals, Robert French, William Balfour, his
heirs, devifees or afligns, Ifaac Downing, Ifaac Eaton, Andrew M'Neily, James
Robertfon, James Lyle, Jofeph Marffiall, John Pig, his heirs, devifees or affigns,
John Brown, Thomas Rutherford, Cader Price, John Hammet, David Green, Phi-
hp Helverfton, William Hammond, George Johnfton, fen. John Johnfton, Wil-
liam Corker, Edward Corker, Stephen Corker, John Corker, William Mangrum,
James Douglafs, William Durgin, James Hunt, John Young, Robert Tflman,
2
84
CONFISCATION AND AMERCEMENT.
William Young, Matthew Moore, his heirs, devifees cr c.Tens, I levy Shair, his
heirs, devifees or afligns, Jacob Sharp, Cord/ Sharp, Y.< dh:.n MBLitt, Sc-mucl
Montgomery, Thomas Lamb, Edward Pitcher, Benjamin Brantley, Henry C ;cr-
ftrce1", Elias Bonnel, William Brown, Auguftus UncBrwcod, Abfaloin Weds, J Bin
Fergufon, William Reid, Thomas Beaty: Wilkes county, Thomas Watters, Ilcr.ry
Williams, John Douglafs, William White, Samuel Williams, John O'Neal, Aving-
ton Perkins, Daniel Philips, James 'Gordon, Abraham Wilkins, Samuel Wilkin:-,
Jonathan Wilkins, Luke Bynon, William Tidwell, Reuben Shcrrall, his heirs, de-
vifees or afligns, James Gordon: Richmond county, Colonel James Grierfon, his
heirs, devifees or afligns, Andrew Moore, his heirs, devifees or afligns, John How-
ard,his heirs, devifees or afligns, William Manfon, James Ingram, Edward Afhton,
James Seymour, Martin Weatherford, James Weatherford, John Henderfon,
John Weatherford, George Philips, Alexander M'Lean, Benjamin Howard, his
heirs, devifees or afligns, Thomas Howard, his heirs devifees or afligns, Andrew
Robertfon, Daniel Cameron, John Jamiefon, William Oates, Thomas Scott, Rich-
ard Bailey, John Coppinger, Thomas Manfon, Jacob Watfon, Do&or Andrew
Johnfton, Charles Weatherford, John Furlow, James Jackfon, of Augufta, mer-
chant, William Johnfton, Doblor Francis Folliott, Doblor Thomas Taylor, Si-
mon Patterfon, Thomas Polhill, Nathaniel Polhill, his heirs, devifees or afligns,
fhes^tetoPe- I°^n Maxwell, Solomon Kemp, be and they arc hereby declared to be banifhed
SiofbP from this ftate forever; and if any of the aforefaid perfons fhall remain in this
Senfrityiddo* ^ate fixty days after the pafling of this aft, or fhall return to this ftate, the go-
ounty offeio- vernor or commander in chief for the time being, is hereby authorized and required
dlathupon" to caufe the perfons fo remaining in or returning to this ftate, to be apprehended and
baving return- committed to jail, there to remain without bail or mainprize, until a convenient
opportunity fhall offer for tranfporting the faid perfon or perfons beyond the feas,
to fome part of the Britifh king's dominions, which the governor or commander in
chief for the time being is hereby required to do: and if any of the faid perfons 111 all
return to this ftate after fuch tranfportation, then, and in fuch cafe, he or they fhall
be adjudged, and they hereby are declared to be guilty of felony, and fhall on con-
vibtion of their having fo returned as aforefaid, fuffer death without benefit of clergy.
Their estates, 2. And be it further enabled by the authority aforefaid, That all and lingular the ef-
which the£ tates, real and perfonal, of each arid every of the aforefaid perfons, which they held,
»sthAprui77*. poffeffed, or were entitled to, in law or equity, on the nineteenth day of April, one
thoufand feven hundred and feventy-five, or which they have held fince, or do hold
in poffeftion, or others hold in truft for them, or to which they are or may be enti-
tied to in law or equity or which they may have, hold, or be poffeffed of, in right of
others, together with all debts, dues, demands, of whatever nature, that are or may
be owing to the aforefaid perfons, or either of them, be confifcated to and for the ufe
and benefit of this ftate, and the monies arifing from the fales which fhall take place
by virtue of and in purfuance of this abt to be applied to fuch ufes and purpofes as
the legiflature fhall hereafter direbt.
certainde-f 3. Jind whereas, divers other perfons citizens of this ftate, and owing allegiance
feea tothlfamethereto (whofe names are not herein recited) did in violation of the faid allegiance,
penalties. traiteroufly aflift, abet, and participate, in the aforefaid treafonable prabtices ; Be it
therefore enabled by the authority aforefaid, That all and every of the perfon or per-
fons under this defcription fhall, on full proof and conviblion of the fame in a court
of law, be liable and fubjebled to, and they are hereby declared liable, and fubje&ed
CONFISCATION AND AMERCEMENT.
85
to all the like pains, penalties, and forfeitures infl'ifled by this a61, on thofe offenders
whole names arc particularly mentioned therein.
4. And whereas, there are divers eftates and other property within this date, be- Estate,&c. of
longing to perfons who hav e been declared guilty or convicled in one or other of the Kion?au»
United States, of offences which have induced a confifcation of their eftates or pro- ^insfis^ed!n
perty within the Hate of which they were citizens, Be it therefore enacted by the au~
thority aforefaid, That all and Rngular the eftates both real and perfonal, of perfons
under this defcription, of whatfoever kind or nature, together with all rights, or titles,
which they may, do, or fhall hold, in law or equity, or others in truft for them, and
alfo all the debts, dues, and demands (except debts and demands due or owing to Except debt*
Britifh merchants, or others refiding in Great-Britain, which fhall be appropriated as Merchant*1,
herein after mentioned) owing or accruing to them, be confifcated to and for the ufe
and benefit of this ftate, in like manner and form of forfeiture as they were fubjeft to
in the ftates of which they refpe&ively were citizens of, and the monies arifing from
the fales which fhall take place by virtue of and in purfuance of this a£t, be applied to
fuch ufes and purpofes as the legiflature fhall hereafter direft.
5. And be itfurther enabled. That all debts, dues, or demands, due or owing to wwcharet**
merchants or others refiding in Great-Britain, be, and they are hereby fequeftered,be sequestcred»
and the commiflioners appointed by this aft or a majority of them, are hereby empow-
ered, to recover, receive and depofit the fame in the treafury of this ftate, in the fame and paid into
manner; and under the fame regulations as debts confifcated, there to remain for thethe treasury<
ufe of this ftate until otherwife appropriated by this or any future Houfe of Afl'embly.
6. And whereas there are various perfons, fubjefts of the king of Great-Britain, Theestates>
pofleffed of or entitled to eftates, real and perfonal, which juftice and found policy BrmahtnbjeL,
require fhould be applied to the benefit of this ftate, Be it therefore enaBed by the aii-C0a&iC*^'
thority aforefaid, That all and lingular the eftates, real and perfonal, belonging to per-
fons being Britifh fubjefls, of whatever kind or nature, which they may be pofleffed
of, (except as before excepted) or others in truft for them, or that they are or may be
entitled to in law or equity, and alfo, all debts, dues, or demands, owing or accruing
to them, he confifcated to and for the ufe and benefit of this ftate, and the monies
arifing from the fales which fhall take place by virtue of, and in purfuance of this a£t,
be applied to fuch ufes and purpofes as the legiflature fhall hereafter direct.
7. And whereas feveral fraudulent fales, grants, devifes, transfers, bargains, ex-
changes, or other titles and conveyances, may have been made by fome or other of
the aforefaid perfons heretofore, with intent to defraud the ftate, and to commit trea-V01d-
fon againft the fame with impunity, Be it therefore enaBed by the, authority aforefaid,
That every fale, grant, devife, transfer, bargain, exchange, or other title or convey-
ance, which has been made or executed by any of the aforefaid perfons, or by his or
their attorney or attornies, agent or agents, fince and after the nineteenth day of
April which was in the year of our Lord one thoufand feven hundred and feventy-
five, fhall be deemed and held null and void to all intents and purpofes whatfoever.
8. And whereas there are feveral juft claims and demands which may be made by claims upon
the good and faithful citizens of this ftate, or others of the United States, againft the "teS&e es~
eftates of perfons confifcated by this a61, Be it therefore enaBed by the authority aforefaid^ boards, or sued
That any perfon or perfons well affe&ed to the independence of the United States, ha- months?
ving debts owing to them from the perfons named or defcribed in this aft, or who have
any juft claim or claims in law or equity againft any of the faid confifcated eftates, that
every fuch perfon or perfons fhall bring his or their claim, or enter his or their aftion.
8(5 CONFISCATION AND AMERCEMENT.
within the fpace of twelvemonths from the palling of this a£t, or, in default thereof
he or they ihall be forever debarred of deriving any benefit from the fame.
per»on*having g. And be it therefore enaffed, That all perfons having claims or demands again t
may fubSit any of the confifcatcd eftates, be at his or their option to lay a ftate and proofs o tie
laid demands before the faid commiffioners, or a majority of them, on or before t e
05 fourth day of May next, and the faid commiffioners or a majority of them, aie here-
by empowered and required to examine into the jufiice and validity of the laid de-
mands, and make a report thereof to the General Affembly at their next meeting af-
aMmsliquids ter the faid fourth day of May next, to the end that the legiflature may direct, with
stature, e refpeft to fuch creditors, what to jufiice fiha.ll appertain; and if the faid legiflature
ffiall not liquidate the faid demands agreeable to the claimant, fuch claimant {hall have
an a&ion againftthe faid commiffioners, or a majority of them; and the amount of
fales of the eflates of the perfons mentioned in this a6t, fiiall be refpe&ively liable to
fatisfy the faid demands, and all other creditors except thofe who are unfriendly to
American Independence; and where any claimant fhall fo choofe, he or they fhall have
*r by a jury, recourfe to his or their aGtion at law, and if a verdifil of the court where the fame Ihall
be tried fhall pafs for him or them, then on certifying the fame to his honor the gov-
ernor or commander in chief for the time being, his honor the governor and com-
mander in chief for the time being Ihall ifTue a certificate for the lum verified by the
T<>be paid in verdift to every fuch claimant,- which certificate Ihall he made payable and to be paid
^ThTevenpc'v3 in twelve months after the date thereof, with intereft for the fame at the rate of feven
cent, interest, pOUn(js per cent, yearly, and Ihall be and admitted and received in payment in every
purchafe, which fuch perfon or perfons may make at the fales of the forfeited eftates at
- superior court ^ expirat*on of the faid twelve months : Provided always^ That the judges of the
fuperior court in the refpe&ive counties be empowered and authorized ta proceed in
?caiV"un!L?f" a luminary manner to determine in cafes where the caufe of a&ion Ihall not exceed
fifteen pounds.
Aboardofcom- io. And to the end that this act may be carried into effe&ual execution, for the
pointed to car- benefit of this ftate; Be it further enafted, by the authority aforefaid, That there be a
mt0 board of commiffioners appointed by ballot of this houle, to confift of two perfons
out of each of the counties within this ftate, except Glynn and Camden, for which
there Ihall be one chofen; which faid commiffioners, or a majority of the faid thir-
teen * commiffioners fo chofen, Ihall be, and they are hereby empowered, authorized
and required, to take into their cuftody and care all and every the eftates real and
pcrfonal which are confifcated by this a£f, and they are hereby empowered and ait-
thorized to do all afts and things which are necelfary for carrying the fame mto ex-
ecution.
personffeftates 1A- An(l he ^ firther cabled, by the authority aforefaid, That the faid commiffion-
inforTvmd"L/ ers' or a majority of them, be empowered and required, and they are hereby empow-
after tiu» act. ered ancj required, to proceed to and begin the fales of the faid forfeited eftates, both
real and perfonal, in forty days after the palfing of this aft, on the following
condition.of terms and conditions, to wit, feven years credit to be given to purchafers of the
landed or other real eftates, and four years credit to be given to purchafers of the per-
Tonal eftates; that the faid fales be public, and held on or between the hours of ten
o'clock in the forenoon and three in the afternoon, with power of adjournment from
day to day or otherwife, in fuch place or places as the faid commiffioners, or a majo-
nty of them, Ihall yudge moft convenient; that the faid commiffioners, or a majority
» This board diffolved by a& of 1783. Se&. 2, page 89.
CONFISCATION AND AMERCEMENT.
8/
of them, do and fhall iffue thirty days notice previous to the commencement of the ucc.rt-"
faid Tales, and that the higheft bidder be deemed and confidered a purchafcr: that the ^
faid commiffioners, or a majority of them, fhall take a perfonal obligation from every
purchafer of any part or parts of the real or landed eftates, with a mortgage of the
fame, for the payment of the purchafe money at the time appointed by this ad, toge-
ther with fufficient fecurity for the payment of intereft annually, at the rate of feven
pounds per cent, per annum, which payments of principal and intereft lhall be ren-Paymen,st0l.2
dered in Mexican dollars, or other monies in gold or filver: that the faid commiftion-
ers, or a majority of them, fliall take the bonds in the name of his honor the governor,
or commander in chief of the ftate for the time being, and his fucceffors in office;01
and that the faid commiffioners, or a majority of them, be fully empowered and Commissioners
authorized,, and they are hereby empowered, authorized and required, to execute
fufficient titles and conveyances for veiling the eftates real and perfonal in the perfons
who fhall refpedively purchafe the fame, their heirs, executors, adminiftrators or
affigns, refpedively, for the terms for which they were fold: that the faid commif- to give security
fioners refpedively fhall, previous to their entering into the execution of their office,
give fecurity to the amount of three thoufand pounds fpecie to his honor the govern-
or, or commander in chief of the ftate for the time being, and take the following An< ukethis
oath of office : " I, A. B. do folemnly fwear, that I will diligently, truly and im-0ith-
partially execute the duty of a commiflioner for the fale of the forfeited eftates, agree-
able to the diredions of the ad, for the benefit of this ftate. So help me God."
12. And -whereas, notwithftanding the fcenes of cruelty and diftrefs which the
wives and children of numbers of the good and faithful citizens of this ftate tin-
derwent, humanity didates that a reafonable fupport and maintenance fhould be a!-
lowed to the families that may have remained among us belonging to perfons whofe
eftates are confifcated by this ad, Be it therefore en'aBed by the authority aforejaid, That
the faid commiffioners or a majority of them, be hereby empowered and authorized,
and they are hereby authorized and required to grant a reafonable" and temporary
maintenance to the families of fuch perfons as are banifned by this ad, until the le-
giflature fhall hereafter dired or order a fixed fupport for the faid families.
13. And whereas it is neceffary for the public benefit that all embezzlements,
movals or concealments of the forfeited eftates fhould be prevented; Be it therefore
enahiedy by the authority aforefaid, That any perfon or perfons who fhall from and af-neficof c!crer-
ter the paffing of this ad, wilfully or intentionally conceal or embezzle any part or
parts of the perfonal property confifcated by this ad from the commiffioners ap-
pointed by this ad for the taking the fame into their cuftody or care, or who fhall
convert the fame to their own ufe and behoof with intent to defraud the ftate, and
prevent the commiffioners from felling or otherwife difpofing of the fame, that all
and every perfon or perfons fo offending as aforefaid, fhall be guilty of felony, and
on convidion thereof fhall fuffer death.
14. And whereas, doubts may arife whether the inhabitants of this ftate \dto
poffefs no grants for the lands formerly purchafed of the Britifh commiffioners incient*
Wilkes county, commonly called and known by the name of the ceded lands, are
enabled to give landed fecurity, where the fame is required by this ad, Be it further
enabled by the authority aforefaid, That the faid inhabitants are, and they are hereby
declared capable of offering and giving fuch ungranted lands as fecurity to the com-
miffioners for the fales of the forfeited eftates in every of thefe cafes where fecurity
is required by this ad.
S8
CONFISCATION AND AMERCEMENT.
Grantiioot. ^ wjlercas from the irrUption of the enemy, and the devaftation which f jU
lowed, various of the good people of the ftate may have loft their grants or titles for
their lands, Be it further enaBed by the authority aforefaid, That all and every pcrfun
under this defcription, and who are publicly known to be poffefled of the Tin Js, ihe
titles or grants of which are fo loft or deftroyed, {hall be capable of giving fucii iand>
in fecurity, and fuch landed fecurity {hall be received in all and every of thole cafes
where landed fecurity is required by this aft.
sii« under aa 16. And whereas feveral fales of real eftates, forfeited and confifcated Ly tke aft
complied with, of attainder and confifcation which was paffed on or about the fb ft day of I Trch,
one thoufand feven hundred and feventy-eight, took place, the terms of which wes
were never complied with: Be it therefore enaBed, by the authority cforefaid, That
all and every fale of any part or parts of the faid real eftates, the terms of which
were not ftriftly complied with and fulfilled on the part of the purchafer cr purcha-
fers, in the manner and form prefcribed and required in the rules aid regulations for
felling the faid real eftates, ber deemed and held null and void; and fuch iale or falcs
are hereby declared to be null and void to all intents and purpofes vhatfecver; and
the commifiioners appointed by this aft are empowered and required to take the faid
sold under this real eftates into their cuftody and care, and to be fubjeftedto fale under the power
a6L and authority of this aft.
be1 described In 17* ^nd it further enaBed, by the authority aforefaid, That the faid commiffion-
thebe«tman- erSj Qr a majority of them, be empowered and required, and they are hereby em-
powered and required, to proceed to the fales of the forfeited real eftates which have
been fettled heretofore, or which by public notoriety are known or generally underftood
to contain a certain or fuppofed number of acres, under the defcription which the faid
lot, plantation, or traft of land, ifland or iflands (as the cafe may be) generally bears,
and alfo to the fales of all fuch other unlettled real eftates as the faid commiflioners,
or a majority of them, can receive a -well informed knowledge of from wife and faith-
ful citizens, w ho are or may be acquainted with fuch unfettled trafts of land.
JefenTan^iei 1^* ^ ^ farther enaBed by the authority aforefaid, That the ftate will and do
twsdattrder guarantee and defend the commiflioners appointed by this aft, or .a majority of them,
in all their proceedings for carrying the powers and authorities given them by the
fame into full effeft, and will alfo warrant and forever defend all and every fale or
fales which the faid commiflioners or a majority of them {hall make to any purcha-
fer or purchafers of any part or parts of the real and perfonal eftates confifcated by
this aft.
commission- ^ ig. And be it further enaBed by the authority aforefaid, That the faid commiflion-
ers be allowed a commiflion of one and a half per cent, on all fales of the real and per-
fonal eftates, befides all reafonable and juft expences incurred in carrying this aft into
execution.
^oreportthcir 2o. And be it further enaBed by the authority aforefaid, That the commiflioners
rh^govemor and they are hereby required, from time to time, once in two months, make
out returns of all their proceedings, and deliver the fame to his honor the governor
or commander in chief for the time being, with the inventories of the different eftates,
an<) all fuch accounts of fales as may be finiftied, and alfo all bonds and fecurities, and
fudns of money received by them,
public aft—to 21. And be it further enaBed by the authority aforefaid, That this aft {hall be a pub-
mostliberai lie one, and judicially taken notice of as fuch, and that the fame lhall have themoft
construction. jj^eraj anc[ general conftruftion, for the purpofes of carrying the fame into exe-
cution in the moft beneficial manner; and if the faid commiflioners or any of them,
CONFISCATION AND AMERCEMENT.
be impleaded or fucd, or any pet fon ading under their authoiity, for any mutter or
thing done by virtue of this ad, they or he nny plead the general ifliic, and give this Grnrr al i"ui»
act and the fpecial matter in evidence, and on verdid or judgment aguinft the plain-mi3rbei'Ioftd*
tiff, or on his non-fuit or difcontinuance, the ptribn or pcrfons fo fued lhall recover
treble cofts.
SAMUEL SALTUS, Speaker.
Augufta, May 4, 1782*
An all for empowering a lefs number of commiffioners to be a board than is mentioned iff
the alt paffed at Avgvjia on the fourth day of May one thoufand feven hundred and
eighty-two, for infilting penalties on, and conffcating the efates of fuch perfons as
have been guilty oftreajon a{gainjl thisfate, and for other purpofes therein mentioned.
1.TX7HEREAS in and by the ad paffed the fourth day of May one thoufand fe-pi.Mmbie.
» V ven hundred and eighty-two, entitled " An ad for infliding penalties on, and
confiscating the eftates of certain perfons, and for other purpofes therein mentioned,"
commiffioners were appointed for carrying the fame into execution and were inverted
for thatpurpofe with fuch powers as are therein fet forth and contained. And whereas
the faid law declared a majority of the faid commiffioners competent to proceed on the
execution of the fame, and it is now manifeft the intentions of the lav/ are retarded and
prevented by the difficulty of getting together a majority of the commiffioners fo ap-
pointed to proceed to buiinefs, Be it enabled by the reprefentatives of the freemen of the
Jlateof Georgia in General AJfembly met, and by the authority of the fame), That from Thr^
and immediately after the parting of this ad, Charles Odingfells, Hugh Lawfon, and
Abraham Ravolt, or a majority of them ffiall be and they are hereby declared com- *7®/^£}*£
miffioners fully eftablifhed and inverted with all and every the powers and authorities,
a majority of the whole of the faid commiffioners named and appointed in the faidads*
law were by the fame adually inverted and empowered with, except the proceeding to
fale of confifcated real eftates, and except the fale of confifcated perfonaleftates with*
out the fandion, concurrence and order of his honor the governor and executive
council for the time being, fhall be firft had, obtained and given for the fale of fuch
confifcated perfonal eftates only, any thing in the faid confifcation law aforefaid to the
contrary notwithftanding.
2. And be itfurther enabled by the authority aforefaid, That all and every power and FermenoarA
powers derived by any of the commiffioners except Charles Odingfells, Hugh Law-dU50lved'
ion and Abraham Ravolt, by, from or under the confifcation ad, paffed at Augufta,
as aforefaid, is and fhall immediately after the parting of this ad be annulled and de-
clared void, any thing in the faid confifcation ad to the contrary notwithftanding.
3. And be it further enabled by the authority aforefaid, That his honor the gov- Govemor:m4
ernor by and with the advice and confent of the executive council, fhall be and he
hereby empowered to give his fandion, concurrence, and order to the faid commif-e,tatc*
lioners on anypreffing exigency of the ftate to proceed to fale of fuch confifcated per-
fonal property as fuch exigency may require, on fuch terms as may appear to them
to be molt advantageous for the ftate. «
4. And be it further enabled, That Charles Odingfells, Hugh Lawfon, and Abra- *
ham Ravolt, commiffioners as aforefaid and hereby appointed^fhall be and they here- commissioners
by are verted and authorized with all and every the powers and authorities the major-
JyJ * commissioner!.
90
CONFISCATION AND AMERCEMENT,
ity of the commiflioners named and appointed in and by the faid confifcation law, were
and are inveftedwith, by an aft pafied the fifth day of Auguft laft paffed, entitled
" An aft for the ameicing feveral pcrfons therein named, and for other purpofes there-
" in mentioned any thing in the faid amercement law to the contrary thereof con-
iained notwithftanding.
ttMcaa. ^< Andbe itfwiher enaBed, That this aft fhall be a public aft, and given as fuch
in evidence.
N. W. JONES, Speaker,
Savannah, February 8, 1783.
An aB for releafng certain perfons from their bargains, and again felling and difpo-
fing of the fame premifes; for ejlablifhingfunds ; and for other purpofes therein
mentioned,
Gamble. "T X THEREAS under and by virtue of an aft, entitled " An aft for in {lifting pen-
VV " alties on, and confifcating the eftates of fuch perfons as are therein declared
" guilty of treafon, and for other purpofes thereip mentioned," paffed at Augufta on
" the fourth day of May, one thoufand feven hundred and eighty-two, divers fales of
confifcated property have taken place in the feveral and refpeftive counties within
this ftate : And whereas fince.the time of making the faid fales, doubts have arifen
whether the purchafe money of the fame was to be paid in fpecie only, or whether
certificates and other demands againft the public were to be taken in payment there-
ShSof °f > m order therefore to remove all doubts on this head, Be it enaBed by the repre-
cdiSnJ1^ fcntatives of the freemen of the fate of Georgia in General Affembly met, and by the au-
out interest or * thority of the fame : That from and immediately after the palling of this aft, and uij-
€utU' til the firft day of Oftober next enfuing, it fhall and may be lawful for any purchafer
orpurchafers of any eftates, real orperfonal, of, or lately belonging to any perfon or
perfons whatfoever named or comprehended in the faid aft of confifcation, to give up
and make void his, her, or their faid purchafe and bargain, in cafe he, fhe or they fhall
be diffathfied therewith; and the fame fhall be accordingly in that cafe revefled in the
public, without any intereft, cofts or charges (except what fhall have been already ac-
tually paid for the conveyances) being exafted or demanded from the purchafer or
purchafers thereof; and on re-delivery of the premifes without abufe or wafte, all
conveyances, bonds, mortgages, and other writings refpefting the fame, between the
purchafer or purchafers, and any perfon or perfons whatfoever, for and in behalf of
the public, fhall be exchanged, and notwithftanding any record thereof, being made
the fame fhall be cancelled and deftroyed.
All certificates 2. And be it further enaBed by the authority aforefaid, That all and every fuch pur-
in payment, in chafer and purchafers of confifcated property, real or perfonaJ, under the aft afore-
anSgoid.ver faid, who fhall not, on or before the faid firft day of Oftober next enfuing, give up
and make void his, her or their faid purchafe, and exchange writings as aforefaid,. fhall
beheld and confidered as-abfolutely bound thereby, and fhall be liable and obliged
to pay one equal moiety or half part of the faid purchafe money, with one equal
moiety or half part of the intereft thereof, in gold or filver coin, and nothing elfe,
and the other equal moiety or half part of the faid principal and intereft, or fo much
thereof as may be convenient, in certificates of this ftate, (funded on fome law
or refolve of the aflembly) of any denomination whatfoeverj under the hand of
CONFISCATION AND AMERCEMENT.
the prefent, or the laft, or any future governor, and bearing date fubfequent
to the firft day of January in the year of our Lord one thoufand (even hundred and
eighty-two, or in accounts (by way of difcount) againft the public, duly audited and
certified agreeable to the relolves of affembly paffed fince that period, and fuch certi-
ficates or audited accounts being due either to the refpe&ive purchafers them (elves, or
transferred (though not appearing on the face thereof to be negotiable) to them, or
any of them, by any other perfon or perfons whatfoever: Provided, fuch certificates
or audited accounts be brought in, and endorfed off the bonds of the laid purchafers
refpeClively, within one year from and after the palfmg of this act, or otherwife this
laft mentioned moiety of principal and intereft, or lb much thereof, as at the cxpi-
ration of the faid one year, (hall remain unpaid in certificates or audited accounts, to
be alfo payable in gold or filver coin, and nothing elfe.
3. And be it further enabled by the authority afore/aid, That immediately after the Su,ts
faid firft day of October next enfuing, his honor the governor, and the executive
council do, and (hall take the moft fpeedy and effectual meafures, by fuit or otherwife,rSneSit6
for recovery of all intereft money due and owing on bonds given for eftates real or un
■ perfonal, fold under the faid confifcation aft, and which (hall not be given up by
the time limited as aforefaid, and the faid intereft monies when received, (hall form
«. contingent fund in the treafury, and the treafurer (hall be enabled to give fufficient
receipts on the back of the refpeffive bonds for the fame, and (hall keep a.fair and
regular account thereof, to be from time to time laid before the Houfe of Affembly.
4. And be it further enabled by the authority aforefaid, That the commiffioners of commoners
confifcated eftates herein after named (hall, and they or a.majority of them are here - self under the
by direfled and empowered, in the months of November and December next, be- tSn? C8,li*3Ca"
ginning on the fecond Tuefday in November, and continuing; from time to. time at
their difcretion, to proceed to the fale of, and actually to fell, in manner pointed out
by the faid a6t of confifcation, all and lingular the confifcated property, real and
perfonal, then remaining on hand within the feveral counties, either that given up as
above mentioned, or that winch has been fold and the terms of fale not complied
with, (Provided neverchelefs, That where the party has given bonds for principal and
intereft, with fecurity for the latter, and (hail give mortgage by the firft day of Oc-
tober next, it (hall be deemed a compliance) or that which has never yet been foldrcal
orexpofed to fale; and the fame (hall be fold, payable in four years if perfonal, and
feven years if real eftate, as mentioned and directed in and by the faid confifcation
atl; and the purchafers thereof (hall accordingly give bond, mortgage and other fe-
eurity as therein required for the confideration money, and good and fufficient fecu-
rity for the intereft thereof; which faid confideration money and the intereft thereof,
(hall be payable in the fame manner as the former fales are before declared to be,
that is to fay, the one equal moiety or half part of the faid purchafe money, with Hair the jjw-
the intereft thereof, in gold or filver coin, and nothing elfe; and the other equal.
moiety or half part of the faid principal and intereft, or fo much thereof as may be ithcrin°K£
convenient, in certificates of this (late (funded on fome law or refolve of Affembly)
of any denomination whatfoever, under the hand of the prefent, or of the laft, or
any future governor, and bearing date fubfequent to the firft day of January, in
the year of our Lord one thoufand feven hundred and eighty-two, or in accounts
(by way of difcount) againft the public, duly audited and certified agreeable to the
refolves of Affembly paffed fince that period; and fuch certificates or audited ac-
counts being due either to the refpective purchafers themfelves, or transferred (though
not appearing on the face thereof to be negotiable) to them, or any: of them, by any
CONFISCATION AND AMERCEMENT.
if paid in one other pcrfon or perfons whatfoever: Provided fach certificate or audited accounts be
Jfewhoiein brought in and endorfed off the bonds of the faid purchafers refpeftively, within one
? ° e° year from and after the paffing of this aft, or otherwife this laft mentioned moiety
of principal and intereft, or fo much thereof as at the expiration of the faid one
year {hall remain unpaid in certificates or audited accounts, be alfo payable in gold
or filver coin, and nothing elfe.
cxchangeTu*0 5* And be it further enabled, by the authority aforefaid, That any perfon or perfons
citesfwinden- whatfoever now or hereafter holding fuch certificates as aforefaid, or audited accounts
led ones, againft the public, who fhall not have purchafed at the preceding, or {hall not pur-
chafe at the fuc'ceeding fales of confifcated property, or who fhall not transfer
their demands to thofe who do purchafe, or who fhall in any cafe have in their
poffeffion, fuch certificates or audited accounts as aforefaid to a greater amount than
they are allowed to pay away in difcount on bonds given for confifcated property,
that all and every fuch perfon and perfons fhall, at any time within thirteen months
from and after the paffing of this aft, be at liberty to bring in their faid certificates or
audited accounts to his honor the governor, and to exchange the fame for certificates
of a new denomination (the form whereof is herein after fpecified) to be figned, in-
dented and iffued by his honor the governor in council, and regularly entered on the
council books, and the fame fhall be numbered and alfo counterfigned by the trea-
furer, who fhall keep the indent, with the number and fum of every fuch certificate,
as a check, and who fhall alfo keep a fair account of all fuch certificates, and to whom
payable, for the infpeftion of the Affembly; and the faid certificates and audited ac-
counts fo. brought in and exchanged as aforefaid, fliall be lodged in the treafury until
the meeting of the Affembly from time to time, who fhall appoint a committee to fee
the faid certificates burnt, and the faid audited accounts properly arranged and laid up
in. the treafury, as vouchers for fo much paid by the public.
6. And be it further enabled, by the authority aforefaid, That the following fliall be
the form of the certificates to be iffued as before direfted and required, that is to fay;
ftrotUereor. STATE OF GEORGIA, "J
No. J
By his honor A. B. efq. captain-general, governor and commander
in chief in and over the faid fate.
Cftcfe to CCtttfg, That there is due and owing from this ftate to C. J), the
fum of £. fferling; which faid fum, being part of the intended
funded debt, will be provided for, payable at the expiration of feven years from the
nineteenth day of July, 1783, and in the mean time the intereft thereof, at the rate
of feven per cent, per annum, will be regularly paid at the treafury to the faid C. Zk
or his order, in gold or filver coin, at the current rates in Savannah.
Given under my hand, in council, purftjant to an aft of Affembly, this
day of iy3
Counterfigned by
E. F. Treafurer,
cates to be a
Which faid certificate, being authenticated and iffued as aforefaid, ffiall beconfider-
bear seven ed as forming an aggregate to be hereafter reduced to a funded debt againft this ftate
payable yearly. redeemable in feven years from and after the paffing of this aft, and carrying an inte'
reft of feven per cent, payable out of the treafury in gold and iilver coin, auhe pre-
CONFISCATION AND AMERCEMENT.
fent current rates in Savannah, yearly and every year on the day of the date of the
faid certificates refpe&ively.
7. And be it further enaBed by the authority afore/aid. That in cafe any perfon or HokIersof,u.
perfons holding certificates or audited accounts as aforefaid, {hall negleft to bring in
the fame, either in payment of a debt or debts, for confiscated property, or in ex-
the treasury or
change for a certificate of the denomination above fpecified, within the fqveral and
tiiem, tared.
refpeftive times for thatpurpofe limited and appointed, all and every fuch perfon and
perfons {hall beconfidered as forever precluded from the faid demands, and the public
(hall not be liable to make provifion fompayment of the fame, at any time hereafter,
8. And be it further enaBed by the authority aforefaid, That in all future Tales ofTermsofsa-c
confifcated property, the commiffioners fhall wait three days for the purchafers to \wtwn in thjeo
comply with the terms of fale, and if not done within that time, the faid commiffion-
ers fhall proceed to fell again, and fo on until the faid terms fhall be complied with ;
and in every jnftance of non-compliance after the fales fhall commence under this a£1,
the laft perfon who fhall refufe or negledl to comply, {hall, in cafe the then next fale
{hall not equal or exceed his, make good the difference in price between the one and
the other, fo that the public may be no lofer thereby j and the faid commiffioners B,n,lstobB
{hall accordingly require and oblige every purchafer, immediately after the premifes t*!icn'
{hall be knocked off to him or her, to fign and feal an obligation to the following pur-
port, I, A. B, do hereby acknowledge to have purchafed at the fales of confifcated form thereof.
property a plantation or trafl of land, containing or faid to contain acres, fitu-
ate, in the county of , at and after the rate of per acre ; (or otherw.ife
defcribing the premifes as the cafe may be) and I do hereby bind and oblige myfelf,
my heirs, executors, and adminiftrators, to comply with the terms of and conditions
on my part, within three days after being required fo to do by the commiffioners of
the faid fales; or a majority of them, or elfe to forfeit to the fiate whatever may be
the deficient difference' between the amount fales of the faid premifes, as knocked off
to me) and the amount fales of the fame to the next purchafer, and to pay the faid
difference, on demand, in gold or fiver coin, to the faid commiffioners, or a majority
of them.-—Witnefs my hand and feal this day of 1783.
Prefent.
9. And be ii further enaBed by the authority aforefaid, That when, and as foon as c mn,!ss,0„cm
fale fhall be made of all the confifcated property, and bonds, and other fecurities ta-
ken for the fame, as before direfted, the faid commiffioners, or a majority of
{hall make out and lay before the Houfe of Affembly«at their next fitting thereafter, a
fair ftate or account of their proceedings therein, with the names of the purchafers and
their fecurities, the amount of fales, and all other matters refpefting or concerning the
fame; and the faid Houfe of Affembly, after having examined the faid fiate or account
{hall at the faid expiration of the faid one year allowed for bringing in certificates and
audited accounts in payment of one moiety of the faid purchafes, fet afidegood bonds,
with the mortgages and other fecurities thereunto belonging,amounting(clear of all deduc-
tions and payments) to the fum of one hundred and eight thoufand, eight hundredand qnehmMmuc
fixty-nine pounds, fix teen {hillings and fixpence fterling, to anfwer the fuppofed quo- effih
ta appertaining to this ftate, of the national debt; and the faid bonds fo fet afide lhall
remain as a fund fubjedl to increafe ordecreafe according as the faid quota {hall, on fyyTh" ,n.
a fair adjuftment by congrefs, be found to augment or fink from the prefent fuppo- )
fed quantum, but fubjeH to no alteration on any other account whatfoever^ and the
intereft money thereafter arifing from the faid bonds fo fet afide {hail be annually and,ulUo,1;l!d<b*-
jeguHrly collefted in gold or filver coin, and nothing elfe and fo much thereof as may
91 CONFISCATION AND AMERCEMENT.
be licceffary fliall be annually and regularly remitted, under the direflion of the hon-
orable the governor and council, to the continental treafury, in payment or the niter-
ell money of the quota appertaining to this hate of the continental debt.
10. And whereas a fum lying at intereft in this ftate, equal to what fhall be toun
ThrinvreA to to be our continental quota, will from the difference of intereft between the one
mAat"dJtoand the other-, annually leave a conliderable balance of the intereft in our ia\or. ise-
helbuy?'11 it therefore enabled by the authority aforefaid, That this difference or balance lhall be
annually carried to the credit of a feparate fund, and, after taking theieout the
tiieDiltc!^^ neceffary charge of remitting the annual intcreft of the continental quota, theiefidue
Trench, and do- / o o _ t% p • r*
meAic 4ei)t. {hall beaet out at interefl by the trcafurcr on good penonal (ecurity from year to year,
and the fame, with the accumulating intereft thereof, fliall be confiaered as appro-
priated towards the difcharging our quota of the principal iums of one million and
an half of livres, (being the one-twelfth part of the Ficnch debt.) which became due
in four years after a peace; and of one million more of livres (being the tenth part
of the Dutch debt) which became due on the fifth day of November, in the year
of our Lord one thoufand feven hundred and eighty-f even:, and our quota of the
domeftic debt, whatever the fame may be.
11. And be it further enacted ly the authority aforefaid, That after taking out
and appropriating good bonds, with the other fecurities thereunto belonging as afore-
faid, whereon lhall remain due one hundred and eight thoufand, eight hundred and
fematninR eighty-nine pounds, fixteen (hillings and fixpence, from the amount fales of confif-
rSSempfL catec* property, all and fingular the reft and refidue of the bonds, mortgages and other
debte&cnded fecuribes5 remaining on account of the fales of confifcated property, with the mo-
nies then due, and to grow due thereon, lhall, and the fame are hereby declared to
be a fund appropriated to the fecurity and redemption of the intended funded debt,
before mentioned, with the intereft thereof.
12. And be it further enaBed by the authority aforefaid, That in cafe it fhali be
found at the expiration of the faid one year allowed for bringing in certificates and
audited accounts as aforefaid, that there will not be fufticient remaining of the amount
JandTortaxes ^es cobfcated property (after taking thereout the fum of one hundred and eight
£edged for any thoufand, eight hundred and eighty-nine pounds, fixteen Ihilling and fixpence, as
Sthc'fSSd' ^c^ore menti°necU to pay off the annual intereft of the funded debt, and ultimately
debt* to fink the principal thereof, that then, and in fuch cafe, provifion, by the appro-
priation of a body not exceeding two hundred thoufand acres of unlocated lands, or
by taxes or otherwife, fhall be immediately thereafter made, to fupportthe deficiency,
fo as to give a liability to the certificates to be iffued in the form before mentioned,
and to fecure the holders thereof in the punctual payment of the intereft annually, and
the principal ultimately, of their faid certificates.
13. And be it further enaBcd by the authority aforefaid, That all and fingular the
other debts due and owing to the public, and contra&ed fmce the faid firft day of
January, in the year of our Lord one thoufand fever\ hundred and eighty-two, on
coLtradfed6^ any account whatfoever, except for confifcated property, fhall be held and confi-
dered' and the fame are hereby declared to be due and owing, and payable in
£ili«£.dor S°*d and filver coin, and nothing elfe.
14. And whereas there are many demands made againft the faid confifcated cf-
tates for monies due and owing, or faid to be due and owing, by the feveral and
refpe&ive former proprietors thereof, and fuits are daily brought for recovery of
fuch demands under the faid aQ of confifcation, which faid fuits are attended with
great calls tc> the public, Beit thereforeenabled, by the authority aforefaid, That from
confiscation and amercement.
$5
-and after the paffing of this a&, it fir all not be lawful for any perfon or pcrfons
whatfoever, to fine or implead the public, or fiate, as fuch, in any court of law or
juftice-within the fahnb (except in cafes herein after mentioned) and all aclions
hereby, brought, or now depending, of that nature, fhall, and the lame are hereby
. declared to be difcontinued, Provided, judgments fhall not already have paffed there-
upon agreeable to the terms of the con life ation adt; and the feveral perfons herein
after named, that is to fay, James Cochran, Edward Davis, Benjamin Andrew,
Commissioner;*
Charles Odingfells and Lachlan M'Intofh, efqrs. fhall, and they are Eqreby de-««fc«u^t0
clared to be a board of commiffioners for receiving, hearing and finally determining |veJcVtm«te*
all and fingular the claims of any perfon or perfons whatfoever againfi the faid con- <iue.
fifcated eftates, or any of them, for monies due and owing, or faid to be due and
owing, from1 the faid former proprietors thereof, or any of them; and the faid com-
miflioners, or a majority of them, fhall have full power and authority to hear and
.finally adjudge the caufe of any perfon or perfons whatfoever fo brought before
them, and to fettle fuch mode of proceeding thereon in the moft expeditious and
fummary manner as to them, or a majority of them, fhall appear moll eligible and
juft; and in all and every cafe the faid commiffioners, or a majority of them, fhall
give a certificate, under the hand of the prefident of the faid board, to the refpeclive
claimants, of what appears to be due and owing to them refpedtively on a determi-
nation of their faid caufe or caufes, which faid certificate the faid claimants fhall car-
ry to his honor the governor, and having exchanged the fame for his certificate in which are* -
_ form aforefaid made, the faid lafl mentioned certificate fhall ftand upon the footing
of any other certificate of the like form in payment of confifcated property, or asors"
a funded debt againfi: the fiate; and the faid claimants refpeftively fhall pay and ad-
vance to the clerk of the faid board, at the time of entering his or her claim, the
following fees for cofts thereon, that is to fay: for any claim not exceeding the fum
of fifty pounds, two fhillings and four pence; for every claim exceeding fifty pounds,
and not exceeding one hundred pounds, four fhillings and eight pence; for any
claim exceeding one hundred pounds, the fum of feven fhillings; which faid fees
fhall be included in the certificate to be given on the*determination of the caufe, and
fhall be in full of all cofts on the fame: Provided neverLhelefs, That no certificate
from the faid board fhall be given until after the fales of the confifcated property fompi!iedreno-
fhall be completed, and that then the faid commiflioners fhall take care that the cer-
tificates of demands againfi any eftate do not exceed, together with the judgmentstates>
already paffed againfi fuch eftate, the amount fales of the fame; and at the time the
faid commiffioners fhall give fuch certificates, in cafe they find any particular eftate
infolvent, they fhall make each creditor abate in proportion to his or her demand,
fo as to admit them ail into an equal compofitioo, without giving any preferences to
judgments, or making any diftindtion between debts of a different nature or date:
Provided alfo, That nothing herein contained fhaii extend, or beconfirued to extend, j«H=dia.i0n or
to deprive the courts of law of their jurifdidtion in cafes of where the titles of land or
other real or perfonal eftate fhall be brought in queftion, or to give the cognizance of
the fame to theprefent or any other board of commiffioners, but that in all and every
fuch cafe fhall ftand upon the fame footing, and be tiied in manner pointed out and
directed in and by the faid confifcation adi: and when it fhall happen that any doubts Auditertorc.
fhall arifewith the auditor on any claim againfi this ftate, of any nature whatfoever, Sto'thc^i
the faid auditor fhall, and he is hereby required to lay the fame before the faid board £tedeckiwr
of commiffioners, who-fhall lay down fame fixed principle of equal juftice between
CONFISCATION AND AMERCEiur.^ i.
tlv [fate and each claiming individual, and judge and finally decide on the fame, from
whom there lhall he no appeal.
JM-mcni -'f 15. And be it, further enacted by the authority aforefaid, That all legal cofts already
incurred in and upon any aftion or fuit brought under the laid confiscation aft, (hall
follow the event of the caufe when the fame lhall be tried before the borrd of com-*
millioners as aforefaid, and in cafe of fcntence or judgment for the plaintiff or plain-
tilfi, the faid cofts lhall be included in the certificate to be gi\ en him, her or them by
the prefident of the faid board*
cr-'-ficuwv- jl6. And be it further enabled by the authority afore faid, That w here certificates for
17 hU Tw. provifions or other neceffaries for the army have been given by commiffaries and other
7V7oVivsci officers duly authorized, the pcrfon or perfons poficlung fuch certificate or certifi-
eates, fhall lay the fame before the board aforementioned, who fliall in like manner
iron>.irtKjr finally decide and determine the fame: and that no fuit or {bits at law fliall be
11 c iime. J ,
brought againft fuch officer or officers for or on account of fuch certificate or certifi-
cates, unlefs it fliall appear to the board that the fame was or were given improperly,
or the articles improperly applied.
Fiirthtrtime 17. And whereas, in and by the faid confifcation aft, it is enafted and declared,
tir.-e cUi that no demands fliall be received againft thefeveral eftates therein confifcated from
rate! estates. and after the fourdi day of May then next enfuing, but now laft pafi, Be it therefore
furiWr enabled by the authority aforefaid, That the faid term for making claims of
monies, due or faid to be due from the feveral perfons named or comprehended in
the faid confifcation aft, on any account whatfoever, before the board of commiflion-
ers before named, fliall be enlarged and prolonged, and the fame is hereby declared
to be enlarged and prolonged to one year from and after the palling of this aft, and
fuch claims made before the faid board within the faid one year fliall be held and con-
fidered as much within time as if they had been made at any time before the faidfourth
day of May laft paffed; and all accounts which fliall be hereafter duly audited at any
time within one year from and after the palling of this aft, fhall be held and confider-
ed as good and upon the fame footing as accounts already audited, and as coming
within the purview and intenti&n of this aft»
i* tuners 18. And be it further enabled by the authority aforefaid, That Charles Odingfells,
ti rircoinpen- Hugh Lawfon, and Abraham Ravolt, fliall be, and they are hereby appointed com-
miffioners of confifcated eftates, and veiled with full power and authority to do and
perform every aft and thing that the aforefaid commiflioners of confifcated eftates
were authorized to do, or that lhall be neceffary to be done under this aft, and that they
be allowed at the rate of one per cent, in lieu of all charges; and in cafe of the death,
refignation, or refufal to aft, of the faid commiflioners or any of them, or of the com-
rtovernortofiii miliioners of claims before named, or any of them, his honor the governor and exe-
♦acaucrfK. cutive council fliall fill up fuch vacancy by the appointment of another commiflion-
er, or other commiflioners, in the room of him or them fo denying, refilling, to aft,
or refigning; and the faid commiflioners of confifcated eftates now appointed, or
hereafter to be appointed, fliall in all refpefts comply with the terms which were re-
quired of the commiflioners under the confifcation aft, at the time of their appoint-
ment.
Governor and 19. And be it further enabled by the authority aforefaid, That his honor the gov-
th« ernor and the executive council, lhall have powTer and authority to dircft thecommif-
CdftM Goners of confifcated eftates, to difpeffe of any property, real or peribnal, appertain-
jgndiStel" ing to the faid eftates, to the amount of any liimnot exceeding twTo thou land pounds
fterling, at fuch time and periods of payments as the executive department may deem
kuliori.
confiscation and amercement.
97
moflt conducive to the intereft of the ft ate, for the exprefs purpofe of making good
the engagements, entered into by virtue of certain refolutions to that effect, and for
the more immediate emergencies of the ftate.
2Q. And be it further enaBed by the authority aforefaid, That the accounts of the of- coSof^"
ficers*and foldiers of the Georgia line, (liquidated by the proper officers and certified Georja km,'1*
by the financier, that fuch account, or accounts, will entitle us to immediate difcount ckSuteivc
from our continental quota, or the intereft thereof,) {hall be received as fpecie for pur- centaf0'ralipcir
chafes made at the confifcated fates, and a difcount of twelve and a half per cent. al-Eptpay"
lowed thereon for prompt payment, Provided fuch accounts are brought in and de- ifbroughti#
du&ed within twelve months after paffing this a6t. montl!smelv6
21. And whereas the feveral regulations contained in this act may be repugnant to, certainp«tsof
or may interfere or claffi with certain claufes or parts of the act of confifcation before Ration w
mentioned, Be it therefore further enaBed by the authority aforefaid, That all and eve-
ry fuch ciaufe or parts of claufes, or other matter or thing mentioned or contained in
the faid act of confifcation, repugnant to, or which ffiall clafli or interfere with the
feveral regulations mentioned or contained in this act, ffiall, and the fame is, and are
hereby repealed and done away; but all and every other part or ciaufe of the faid
confifcation act (not repugnant to the regulations herein contained) now of force ffiall
be, and the fame is hereby declared to be in full force and virtue.
' 22. And be it further enaBed by the authority aforefaid, That this a£l {hall be deem- puW}C3a.
ed a public aft, and judicially taken notice of as fuch in all courts within this ftate; Sebcpkkd?6
and any perfon or perfons whatfoever fixed or impleaded for any matter or thing done
under or in confequence thereof, ffiall plead the general ifiue, and having given the
fpecial matter in evidence, the court and jury {hall confider fuch perfon or perfons
fufficiently indemnified in fo far as he or they has or have a6led agreeably to the terms
and dire£tionsof this or the confifcation aft, or in purfuance of their duty thereunder.
WILLIAM GIBBONS, Speaker.
Augufta,. July 29, 1783. - *
An aB to point out the mode under which property reverting to the fate fiall be difpo-
fed of.
BE it enaBed by the Senate and Houfe of Reprefentatives of the fate of Georgia in Mortgaged pre-
General AJfembly met, and by the authority of the fame, That in all cafes where a onftihecpa«t
foreclofure of any mortgage has been, or ffiall be complete, wherein the governor for
the time being, on the part or behalf of this ftate ffiall be the plaintiff, and the equity
of redemption ffiall thereupon be foreclofed, that theeftate fo mortgaged fhall be fub-
jeft to a future fale on the following terms, and conditions, that is to fay; that the
ffieriff of the refpeftive counties, wherein fuch property ffiall be, having given a subjea totaie
full and perfeQ: defcription thereof, fhall immediately after being notified in writing by dftion*111 C0H~
the attorney or folicitor general, that the proceedings on the bill of foreclofure are
ended, and that the defendant or defendants, are by law precluded from the right of
redemption, of the premifes, advertife the fame for fale in both the gazettes of Savan - To be adverts
nah and Augufta, at leaft three months before the day of fale, having due regard that SmEf
the fale in one county, ffiall not interfere with the fales of another, for which purpoic
N
e3 CONFISCATION AND AMERCEMENT.
the executive fliall appoint the time in each county when the fafes fhall commence,
and that the conditions of the fales to be made as aforefaid, fliall be on the o owing
«*? y«™terms 'that is to fay, on a credit of five years, in equal annual payments, the pure a-
Bua"VaymenS, per prq. givin^ a mortgage on the premifes for the payment of the principal m aqnual
ST inftalments, rntd good&and fufficient _ perioral fccunty for the annual intereft at and af-
BiScs°andsecu- tcr the rate of eight per centum which fliall accrue, as well upon the fum annually due
£rt£rthcin" as alfo the intereft on the remainder money : the bonds to be taken fliall be maae pay-
able to the governor for the time being, and the fucceflors in office, in the following
denominations of public fecurities, that is to fay, governors, preffdents or fpeaker's war-
What shall he
received
payment,
received in rant^ aucqte(i or funded certificates, the prefent or any former treafurer's certificates
(except Wade and O'Brien, and Seth John Cuthbert's, whofe accounts remain unfet-
tied) the paper medium of this ftate, iflued the third day of Auguft one thoufand fe-
ven hundred and eighty-fix, or in gold or fflver.
, _ 2. And be U further cnatted, That the flieriffs of the feveral counties, fliall be al-
Sheriff's com- J 7 l-ii in i
pensatitn. lowed, at the rate of one per centum on the value of property, which he or they lliall
fell, under and by virtue of this aft, which commiflioners as aforefaid, fliall be in full
Rondstaker*t» compenfation for all charges, duties, and fervices herein required, and the bonds and
treasury.0 mortgages fo taken by the fheriffs fhall immediately thereafter be tranfmitted to the
treafurer, who fliall give a receipt for the fame, defcribingas fully as may be, a parti-
cular account of the feveral bonds and mortgages.
Sheriff may as- 3. And in cafe where the flieriff of any county is not fuffkiently informed of the
offluantity or num^er acres, which any traft or trafts of land fubjeft to fale by this
Sb? ruf«oia^' contain or the boundaries of any fuch lands, he fhall apply to the fuperior
survey. court, and upon fliewing caufe to the fatisfaftion of the court may, obtain a rule of
furvey, on fuch conditions as the court fliall direft; and fliall after the fale of fuch
land, file the furvey of record in the clerk's office of the fuperior court, and that the
ExpenMqfmr-ex pence of fuch furveys fhall be laid before the judge of the fuperior court, and upon
J"aainea^nd approved of, the fame fliall be allowed out of the fpecie part of fales.
Attorney or 4' And ^ te the duty of the attorney or folicitor general to furnifli the fheriffs
ra"cito°fu«SA of the refpective counties with a form of a bond, which will enable the governor for the
S'iththeform tjme being to obtain judgment on the whole money due on fuch bond, on failure of
a bend, &c. payment Gf either of the inftalments, but that execution fhall iffue only for fuch in-
ffalments as they become due; which form of a bond fliall govern fuch flieriffs in the
performing the duties required by this aft.
Tv^imdas 5; A?z<i be it further enacted, That the purchafer fliall pay two and an half per centum,
Spkfcha- in fpecie on all purchafes made under this aft; Provided this fhall not extend to af-
i"i0ec?erid any purchafe or purchafes which may be made under and by virtue of this act
r^mwhich^for academy ufes from which payment, the fheriffs performing the duties herein re-
ffl"rec}5 or ma7 deduct his commiflion of one per centum as full compenfation for
making out and executing tjties> an(] for aq ckarges expences and fervices fo required,
•nd pay the and the balance of fuch fpecie payment, the fheriff fliall pay into the treafury within
the treaty in one month after the fale; and in cafe where the purchafers fhall not comply with the
-rms of slie ^^nditions of the fale, the fheriff fliall order the property to be re-fold, firft fubjecting the
Purcliafer at tke kale to make UP tkc deficiency which may arife at fuch fecond fale.
tfisccverersof . 6; And he lt furihcr Matted, That in cafes wherein lands or other property fliall
JSEW5. bLe from the fheriff, any citizen who fhall difcover and make the fame known,
tkat fucl\ informer fliall receive ten per centum out of the net amount of fuch
fales, and fuch property fo difcovered, fliall be fold and difpofed of under the like
terms as is herein pointed out for the fale of property fo as aforefaid foreclofed.
CONFISCATION AND AMERCEMENT.
99
7. And whereas by feveral refolutions and afts of the lcgiflature the fevcral coun-
ties in this ftate were entitled to receive out of the confifcated property, the fum of
one thoufand pounds each, for the encouragement of public fchools, but that feveral
of the counties fo entitled have not received fuch donation: Be it therefore enatled, Each count?
That each and every county in this ftate which has not received fuch donation, the Schaf/one
commiffioners of the public academy of fuch county (or their agents to be by them pSAtthe
legally appointed) be at liberty to purchafe at any fales of confifcated property intended itt
by this aft, the fum of one thoufand pounds, Provided, That in cafes where fuch
county has received any part or portion of fuch donation, that fuch fum fo received
fhall be dedufted, and the purchafe fhall be admitted only for the balance.
8. And whereas the General Aftembly did by their joint refolution of the four-
teenth day of December, one thoufand (even hundred and ninety-one, declare that
all original purchafers of confifcated property, or their heirs, executors or adminif-
trators, may within three months after.the date of fuch refolution fignify to the trea-
hirer how they wifh the monies fo paid in by them to be applied, whether in dif-
charge of the principal or intereft bond, which refolutions require the further fenfe
of the legifiature: Be it enabled, That no transfer of payment fhall be had or ad-
mitted from the principal bond to the intereft, in any cafe wherein the purchafer
or purchafers, or their reprefentatives, had made fale of fuch property, but that
payments "made on the principal bond in fuch cafes fhall be confidered as payment
thereon only, and that the faid refolutions did not extend to the injury of fair purcha-
fers under the ftate title, but only as a relief to perfons holding their purchafes in
their'own right.
9. And he it further entitled, That the commiffioners of Louifvillebe authorized and
empowered, to purchafe property at the fales aforefaid, to the amount of two thou-
fand pounds, for the purpofe of carrying on, and completing the ftate houfe at Lou- the
ifville, on the fame terms as the commiffioners of the academies of the refpeftive complete the
COUntieS. * state-house.
10. And whereas there are debts due by citizens of this ftate to perfons named in citizens in-
the aft of confifcation and banifhment aforementioned, which by the faid aft became Sswhosee?-
the property of the ftate, but no mode was therein pointed out for their difcharge: fika^Mopay
Be it further entitled, That the citizens fo indebted to perfons named as aforefaid, ^all tothetjeam^.
be at liberty, for and during the term of one year from and after the paffing this aft,
to pay the fame into the public treafury of the ftate, in any paper emiffion or public
fecutities thereof (except O'Brien and Wade's or Seth John Cuthbert's certificates);
and thetreafurer is hereby authorized to receive the fame on oath, and to grant fu 11 treasurer-t»
acquittance or difcharge therefor; and after that period any perfon who was a citizen
of the United States on the eleventh day of July, one thoufand feven hundred andcliars«-
eighty-two, to whom perfons named in the aft of confifcation were indebted, fhall Regulations for
a- J " - l r 1* 1 1 • n i r r attachments a-
and may fue out and prolecute his or her attachment againft the perfon or perlons
fo named on the faid aft, and thereby attach the goods and chattels of fuch confif- confiscation,
cated and banilhed perfon, which belonged to him or them,*on the aforefaid ele-
Venth day of July, one thoufand feven hundred and eighty-two, in the hands of* any
perfon or perfons whomfoever, in like manner as attachments now iftue, and the
perfon or perfons to whom copies of the attachment may be ferved fhall, be bound
to appear and anfwer as is the cuftomary mode in the courts of this ftate: Provided, Pesfr!A;^
'That nothing herein contained fhall be conftrued to extend to grant any power to pef
attach real eftate: And provided, That where perfonal property fhall be lb attached,
twenty per cent, fhali be paid into the public treafury out of the amount of every g^yoftte
100 CONFISCATION AND AMERCEMENT.
attachment fo iffued and profecuted to judgment: And provided alfo, That nothing
herein contained (hall extend to authorize an attachment of any property that may
have been difpofed of by donation or fale by the public of the ftate.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives. -
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 20, 1792.
EDWARD TELFAIR, Governor.
An aft to amend an aft, pointing out the mode under which property reverting to this Jiatt
Jhall he difpofed of
Mortgaged pre-1. T)E IT ENACTED hy the Senate and Houfe of Reprefentatives of the Jlate
lellitF21^0of ^ °f Georgia in General Affembly met, and by the authority of the fame, That
loid^y'tie6 *n ca^es where a foreclofure of any mortgage has been or {hall be complete, wherein
«c5nmis«ioners. the governor for the time being, on the part and behalf of this ftate, fhall be plaintiff,
and the equity of redemption fhall thereupon be foreclofed, that the eftate fo mort-
gaged fhall be fubjefit to a future fale on the following terms and conditions: that is to.
lay, That the commiflioners hereby appointed, having given a full and perfect de-
fcription of fuch property as may be in the refpe6iive counties, fhall, immediately af-
ter being notified in writing by the attorney or folicitor general that the proceedings
on the bill of foreclofure are ended, and that the defendant or defendants are by law
precluded of the right of redemption of the premifes, advertife the fame for fale in.
Sales to be at both the gazettes of Savannah and Augufta, at leaft three months before the day of
Auvga£ta. an fale, which fales fhall beat Savannah and Augufta; and that the conditions of the
conditions— fales to be fo made as aforefaid, fhall be on the following terms: that is to fay, on a
Credit of five r r- • i , i * r r n ■ ■ 3 '
Iquai'pay- crecht or five years in equal annual payments, the purchaler hrlt giving a mortgage
pe^centi^in- on premifes for the payment of the principal in annual inftalments, and good and
terest. fufficient perfonal fecurity for the annual intereft, at and after the rate of eight per
centum, which fhall accrue as well upon the fum annually due as alfo the intereft on
whaMo be re-the remainder money: the bonds to be taken fhall be made payable to the governor
meBt. for the time being, and his fucceffors in office, in the following denominations of ptib-
lie fecurities: that is to fay, governor's, president's or fpeaker's warrants, audited or
funded certificates, the prefent or any former treafurer's certificates (except Wade's,
O'Brien's and Seth John Cuthbert's, whofe accounts remain unfettled), the paper
medium of this ftate, iffued the third day of Auguft, one thoufand feven hundred
and eighty-fix, or in gold or filver: Provided neverthelefs, That nothing herein cbn-
tained fhall tend to prevent any purchafer or purchafers from paying immediately die
whole amount of his, her or their purchafe money, or any part or parcel thereof,
at any time or times before the fame fhall become due. . "
Commissioners 2. And be it farther ena&ed, That the commiflioners fhall be allowed at the rate of
percent. oneper centum on the value of property which they fhall fell, under and by virtue:of
Bonds, &c. this act, which commiflions fhall be in full compensation for all charges, duties., and
the treasurer,
fervices herein required; and the bonds and mortgages to be taken by the commiflion-
ers, fhall immediately thereafter be tranfmitted to thetreafurer who fhall give a refceipt
for the fame, defcribing as full as may be, a particular account of the feveral bonds and
mortgages; and in cafes where the commiflioners are hot fufficiently informed of the
CONFISCATION AND AMERCEMENT.
iOl'
1
quantity or number of acres, which any tract or trafts of land fubject to fale by. this
act. fliali contain, or the boundaries of any fuch lands, they fhall apply to the fuperior Superior courts
court, and irpon {hewing caufe to the fatisfaction of the court, may obtain arule of fur- of7ufvcy!rul"
vey on fuch conditions as the court (hall direct; and fhall, after the fale of fuch land,
file the furvey of record in the clerk's office of the fuperior court, and that theexpences
of fuch furveys fhall be laid before the judge of the fuperior court, and upon being
approved of by the fame, fhall be allowed out of the fpecie part ofthefales. And it Attorney or».
fhall be the duty of the attorney or folicitor general, to furnifh the commiffioners to furnish the
with a form of a bond, which will enable the governor for the time being, to obtain
judgment on the whole money due on fuch bond, on failure of payment of either of
the inftalments; but that executions fhall iffue only for fuch inftalments as they be-
come due; which form of a bond fhall govern fuch commiffioners in performing the
duties required by this act.
3. And be it further enabled, That thepurchafer fhall pay two and one half percent. The purchaser
in fpecie on all purchafes made under this act, from which payment the commiffion- ailViiAe?2Ild
®rs fhall or may deduct their commiffion of one per centum, which fhall be in full com - cfe^TJr"
penfation for making out and executing titles, and for all charges, expences and fer mSone^ar?"
vices fo required, and the balance of fuch fpecie payment the commiffioners fhall pay theK\« tSd
into the treafury within three months after the day of fale, Provided ncverthelefs^f tfdbf i»
That this claufe fhall not extend to affect lands pnrchafed under and by virtue of this purchasesior
i J academies, ex«
act for academy ufes. emptedfrom
J # specie pay-
4. Be it further enabled by the authority aforefaid, That the commiffioners of commissioner
Louifville be, and they are hereby authorized and empowered to pur chafe to the ®fnp°^redct0
amount of two thoufand pounds "of faid property, for the purpofe of effecting the K^oftSS
contract entered into by the faid commiffioners for completing the building of the pSXd .
ftate houfe, on the fame terms as the commiffioners of feveral academies in this flate,
who are authorized to purchafe at the fales aforefaid; and in cafe where the purcha-
fers fhall not comply with the conditions of the fales, the commiffioners fhall order TermS ofsaie
the property to be re-fold, firft fubjeftdng the purchafer at the firft fale, to make up the with, property
deficiency which may arife at fuch fecond fale. tobere-soid.
5. And be it further enabled, That three fit and difcreet perfons fhall be appointed Three commA-
commiffioners to carry this aft into effe£l,one of whom fhall refide in each of the feve- appom
xal divifions of this ftate, which diviftons fhall be agreeable to the nfilitia law thereof.
6. And be it further enabled, That the faid commiffioners, previous to their entering Must give bond
on the execution of their appointment, fhall feverally give bond, and fufficient fecurity the governs la
to his excellency the governor, in the fum of ten thoufand pounds each, condi- pounds each,
tioned refpeflively, for the true and faithful exercife and difcharge of the truft repofed
in them by this aft, which bond fhall be lodged in the hands of the public treafurer
of this ftate.
7. And be it enabled, That in cafes wherein lands or other property fhall be fe- Person*disco-
creted from the commiffioners, any citizen who fhall difcover and make the fame
known, that fuch informer fhall receive ten per centum out of the fpecie amount of cent. on the a-
/. a 1 mount.
fuch.fales; and fuch property fo difcovered fhall be fold and difpofed of under the
like terms as is herein pointed out for the fale of property fo as aforefaid foreclofed.
8. And whereas, by feveral refolutions and afts of the legiflature, the feveral allowed to pur-
counties in this ftate now entitled to receive out of the confifcated property, the mount of one
fum of one thoufand pounds each, for the encouragement of public fchools, but p°«"?nforthe
n 1 • n •iii • .P. r # 7 use of an a-
that feveral of the counties fo entitled, have not received fuch donations: Be it there-
■ * • ■ 1 1 * 1 •■»•** r\ cept cnose tiiav
fore enabled} Tha^ each and every county within this ftate, which have not received
CONFISCATION AND AMERCEMENT.
fuch donation, the commiffioners of the public academy of fuch county, or their
agents, to be by them legally appointed, be at liberty to purchafe at any fales of
confifcated property intended by thisabl, the fum of onethoufand pounds : Provided',
That in cafes w here fuch county hath received any part or portion of fuch donation,'
that fuch fum fo received, fhall be dedu&ed, and the purchafe fhall be admitted only
for the balance. . s
ftn'foTpay-^* 9' ^whereas a number of perfons have purchafed confifcated property, which
Siosults2 ^as not been paid for: Be it therefore enabled, That fix months after the date hereof,"
£kcceul"u be allowed for the payment of any funis which may be due, with colls of fuit, where
aforeclofure of the mortgage has taken place; and the commiffioners to be appointed,
under and by virtue of this aft, are hereby direfted and required to make titles fos
u°rcai^where ^Qch property after payment as aforefaid. Provided, That this ffiall not extend to
&ounthaVnot affeft any purchafe where one half of the amount thereof has not been paid.
besnjuid. 10> w]iereas it is indifpenfibly neceffary that the outftanding debt of thisjlato
ffiould be afcertained, as well to form a proper check upon the papers thereof as to
make an adequate provifion for their redemption : And whereas many counterfeit
certificates and other liquidated claims againft this ftate have been difcovered, which
fo nearly comport with the genuine papers of the fame defcription as with difficulty
to be diftinguilhed even by the figner thereof: And whereas the papers of the ftate
heretofore have been partially ilfued, without a proper check to preferve the credit of
the fame, and to guard the intereft of the ftate, and the individual holders thereof:
for remedy ^whereof,
board con- £e it therefore enaffed, That his excellency the governor, the prefident and late
«teV"JdW auditor, and the treafurer for the time being, be, and they are hereby conftituted, a
others. board to take in and receive all liquidated claims ilfued by authority of this ftate (thofe
ilfued by Wade and O'Brien, and Seth John Cuthbert, whofe accounts remaimunfetr
tied, excepted), and they and any two of them, the auditor being one, lhall, and
they are hereby authorized and required to ilfue others in lieu thereof, with a proper
check, purfuing as nearly as may be the plan and form of thofe ilfued by the United
States; and for fuch fervices the late auditor ffiall be provided for by a future legifi
lature.
Repealing ii. And be it farther enabled, That fo much of the above recited aft, entitled
uausc. aQ p0inting.out mode under which property reverting to the ftate lhall b€
difpofed of," as militates with this aft, be and the fame is hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentativesi
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred December 20, 179T
GEORGE MATHEWS, Governor*-
An d$ for the taking the name of William Stephens from and out of the amercement
law of this fate, and for rejloring him to all the rights, privileges and immunities
of a free citizen.
1. \ It 7HEREAS in arid by the cohfifcatiori law, palfed at Augufta on the fourth
V V day of May. one thoufand feven hundred and eighty-two, for inftiftittg-
penalties on and confileating the eftates of fuch perfons as are therein declared guilty
CONFISCATION AND AMERCEMENT.
of treafon, and for other purpofes therein mentioned, the name of William Ste-
phens was therein included, and the perfon of the faid William Stephens was thereby
attainted, and his property confifcated to and for the ufe of the faid ftate: And where-
<Z5, on the fifth day of Auguft laft paft, the legiflature, confidering many good and
lufficient reafons for their fo doing, did take from and without the confifcation law
certain perfons therein named, and among others the faid William Stephens, and
placed the faid perfons on the abf for amercing certain perfons therein named, and
for other purpofes therein mentioned, paffed the day and year laft aforementioned,
whereby the property only of the faid perfons became affebfed, exclufive of l'ncapa-
bility to ferve the ftate during the time therein laid down and fpecified: And whereas
the Gondubf of the faid William Stephens has been fuch as to merit the further atten-
tion of the good citizens of this ftate:
Be it therefore enacted by the freemen of the fate of Georgia, in General Affembly
met, and it is hereby enacted by and with the authority aforefaid, That, from and im-
mediately after the palling of this abf, the faid William Stephens fhall be', and he
hereby is fully and amply reinftated in the full poffeflion of all and every right and
rights, privileges, immunities and liberties which a free citizen poflibly can, may or
now does hold within the ftate of Georgia aforefaid; any thing in the faid confifcation
and amercement laws to the contrary thereof contained notwithftanding.
2. And be it further enaBed, That all paragraphs, fentences or words, mentioning,
fpeaking of or concerning the faid William Stephens, in the faid laws, or either of
them, are hereby repealed and declared null and void, and of no effebf.
3; And be it further enaBed, That this abf fhall be a public abf, and given as fuch
in evidence.
By order of the Houfe,
N. W. JONES, Speaker,
Savannah, 8th February, 1783.
An act' to repeal an act, entitled 44 An aB' for infliBing penalties on, and confjcaiing
the efates of Juch perfons as are therein declared guilty of treafon, and for other pur-
pofes therein mentioned, fo far as the fame relates to the banifhment of Simon Monroe.
1. Rendered obfolete by aft of 1797.
2. And be it further enaBed, That all and every part and parts of the faid abf rela-
ting or belonging to the heirs, devifees and affigns of John Forbes, deceafed, be and
is hereby repealed; and that all bonds for any part of the property fold of the faid
John Forbes be given up by the treafurer to the heir or heirs.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, 13th February, 1786.
An aB for taking certain perfons out of the aB of conffcation and banifhment, as far as
refpeBs the banifhment of the perfons therein named, and other purpofes therein me ft-
tioned.
1' \A/rHEREAS tEe ^eB^ature ^ate ky an abf paffed the fourth day of
V V May one thoufand feven hundred and eighty-two, at Augufta, entitled 44 An
CONFISCATION AND AMERCEMENT.
aft for confifcating and banifhing certain perfons therein mentioned," did confifcate th<
eftate and banifh the perfon of Philip Delegal jun. alfo did confifcate, of Johr
.M'Donald, his heirs devifees and afligns. And whereas the prefent legiflature have a-
greed to take the faid Philip Delegal, and the heirs devifees and afligns of John M'Do-
nald, out of the faid aft of confifcation and banifhment, fo far as it refpefts the baniffi.
ment of faid Philip Delegal, and the heirs, devifees and afligns of John M'Donald. Beit
therefore enabled by the reprefentatives of the freemen of the fate oj Georgi'a in General
.Affembly met, and it is hereby enabled by the authority of the fame, That Philip Dele-
gal, and the heirs, devifees and afligns of John M'Donald, be, and they are hereby
feverally relieved, from the pains of the faid aft of confifcation and banifhment, fo far
as refpefts the banifhment of the faid Philip Delegal, and the heirs, devifees and af-
figns of John M'Donald.
2. And be it farther enabled by the authority afar efaid, That the property both real
and perfonal of the faid Philip Delegal, and faid John M'Donald, his heirs, devifees
and afligns, that has remained unfold by the conamiffioners of confifcated eftates, un-
der the aft of confifcation and banifhment, fhall be theirs to all intents and purpofes,
any thing contained in the aft of confifcation and banifhment to the contrary not-
withftanding.
3.- And be it further enabled, That Thomas Gibbons, Patrick Crookfhanks and
Alexander Spears, of the county of Chatham, efqrs. John Glynn, James Spald-
ing, Thomas Young, Levy Sheftall, George Barnes and John Taylor, be and they
are hereby admitted to all the rights and privileges of free citizens of this ftate, any
law to the contrary notwithftanding.
4. And be it farther enabled by the authority aforefaid, That the aft of confifca-
tion and banifhment, fo far as relates to the banifhment of Abraham Mincey, John
Corker, John Fox, and William Jones, be and the fame is hereby repealed.
5. And whereas there are debts due, and property which remain'unfold, belongs
ing to the eftate of Thomas -Fleming, deceafed, and application has been made to
this houfe by Mary Fleming, widow of the faid Thomas Fleming, to veft fuch
debts and property in her, Be it enabled by the authority aforefaid, That all debts due
to the faid eftate, and property which remain unfold, be vefted in the faid Mary
Fleming for the ufe of herfelf, her heirs and afligns forever.
By order of the Houfe,
WILLIAM GIBBONS, Speaker,-
Augufta, February 10, 1787.
An ablfar vefing certain property in Philip Hornby, in right of his wife, Henrietta
Hornby, formerly Henrietta Goldfmith, widow of Thomas Goldfmith, deceafed, a per-
fan named in the abl of confifcation and banifhment.
1. \ THERE AS the faid Philip Hornby in the year one thoufand feven hundred
V V and eighty-three, by his petition preferred to the legiflature of this ftate, pray-
ed that his wife Henrietta Hornby, formerly widow of Thomas Goldfmith, deceafed,,
who is named in the a6t of confifcation and banifhment, might have fome fupport
from the eftate of the faid deceafed, and it appearing by the refolution of the Houfe
of Affembly, one thoufand feven hundred and eighty-five, that a bill fhould be paf-
fed veiling all the property formerly belonging to the faid Thomas Goldfmith, which
CONFISCATION AND AMERCEMENT.
remains unfold by the commiffioners of confifcated eflates, in the faid Philip Hornby,
be being anfwerable for all damages that may be brought againft the faid Thomas
"Goldfmith, and giving bond to his honor the governor, for the time being, in a
fuificient fum indemnifying the flate againlt all fuch demands.
Be it therefore enabled hy the reprefentatives of the freemen of the fate of Georgia,
in General Ajfembly met, and by the authority of the fame, That all the eftate real and
perfonal of the faid Thomas Goldfmith, deceafed, that remains unfold by the com-
miffioners of confifcated eftates, fhall be," and the fame is hereby declared to be veiled
in the faid Philip Hornby, to hold the fame to him, his heirs and afligns forever, any
thing contained in the faid a ft of confifcation to the contrary notwithftanding: Pro-
vided always, and it is hereby declared, That the faid Philip Hornby ffiall be, and is
hereby made liable to anfwer for payment of all debts and damages that may be due
by, or recoverable again ft the eltate of the faid Thomas Goldfinitb, and fo far as
fuch eftate herein veiled fir all extend, and no further.
2. And be it further enabled, That the faid Philip Hornby fhall, within twelve
months, give bond to his honor the governor for the time being, in fuch fum of
money as may be fufficient to indemnify this flate againfl all claims or demands againft
the eftate of the' faid 1'homas Goldfmith, confifcated as aforefaid.
3. And be it further enabled, That this aft fhall be deemed and taken in law as a
public aft, and as fuch received as evidence in any court in this flate.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, 10th February, 1787.
'Anablforvefingtheefat.es, real and perfonal, unfold, of Henry Sharp and Matthew
Moore, in the hands of their rejpebtivt children.
i.TXTHEREAS in and by a'certain aft of the legiflature, palled and dated at
V V Augufta on the fourth day of May, in the year of our Lord one thoufand
feven hundred and eighty-two, commonly called the confifcation aft, the property
real and perfonal of the faid Henry Sharp and Matthew Moore, their heirs, devifees
and affigns, was refpeftively confifcated to and for the ufe and benefit of the faid
ilate: And whereas a part of the eftates of the faid Henry Sharp and Matthew Moore,
remains unfold: Be it therefore enabled by the reprefentatives of the freemen of the
fate of Georgia in General Ajfembly met, and by the authority of the fame, That from
and immediately after the palling of this aft, the children of the faid Henry Sharp
and Matthew Moore, refpeftively, fhall be fully and abfolutely entitled to fliare, and
fhare alike to all fuch parts of the eftates real and perfonal of the faid Henry Sharp
and Matthew Moore, as have not already been fold under and by virtue of the faid
aft of confifcation: Provided always, neverthelefs, That the guardian, truftee or at-
torney of fuch refpeftive children do and fhall give bond in the fecretary's office for
the payment of the due proportion of fuch debts as may appear againft the eftate of
the laid Henry Sharp and Matthew Moore, their heirs, devifees and affigns, and fuch
property as remains unfold fhall, previoufly to their taking poffeffion, be valued by
three freeholders qualified for that purpofe, and a certificate of fuch appraifement
fhall be forwarded to the auditor, certified by a juftice of the peace.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, 10th February, 1787.
n
CONFISCATION AND AMERCEHENTr
AnaB to vejl certain property in Anne Stewart.
l. T X7HEREAS by an aa patted the tenth day of February one thoufandfeven
VV hundred and eighty-feven, the property formerly belonging to 1 nomas
Goldfmith, jun. a perfon named in the aft: of confiscation and banilhment, was
veiled in Philip Hornby, who had married the widow of the faid Goldfmith. Aria,
whereas fome doubts have arifen about the extent and operation of the aforelaid act,
palTed the tenth day of February one thoufand feven hundred and eighty-feven. Be
it enaSlei, that the faid law lhall not be conftrued to extend to any reverfionary pro-
perty, or remainder of which the faid Goldfmith was not feized or polfened, and of
which he was debarred of being feized and polfelfed by the aforefaid aft of confiscation
and banilhment.
2, And be it further enabled, That a certain property which was conveyed to
Hannah Goldfmith, mother of the faid Thomas Goldfmith, during her life, and which
would have reverted, or remained over to the faid Thomas Goldfmith, had he not been
prevented from inheriting the faid reverfion or remainder by the aforefaid aft of con-
fifcation and banilhment, lhall veil and be forever fixed in Anne Stuart, daughter of
Alexander Stuart, at the death ofthefaid Hannah Goldfmith.
By order of the Houfe,
NATHAN BROWNSON, Speaker.
February 1, 1788.
An aB to vejl certain property in Rachel Johnfton and her children.
1. "TT^rHEREAS Rachel Johnfton, the widow of Jofeph Johnfton deceafed, a
V V perfon named in the aft of confifcation and banilhment, hath applied to the
legislature by petition, praying that the property of the faid Jofeph Johnlton, which
remained unfold may be relinquilhed by the Hate, and given up to the faid Rachel
Johnlton for the fupport of herfelf and children. And whereas the legislature hath
granted the petition of the aforefaid Rachel.
jBe it therefore enaBed by the Senate and houfe of reprefentatives of the fate of Geor-
gia in General AJfembly met, That all the property both real andperfonal, which re-
mains unfold by the commiflioners of confiscated eltates, which of right may appertain
to the eft ate of the faid Jofeph Johnfton deceafed, be, and the fame is hereby declared
to be relinquilhed and given up on the part of the ftate to the aforefaid Rachel John-
fton, for the fupport of herfelf and children; always fubjefting Such eftate fo relin-
quifhed and given up, to the payment of all debts and dues, which may be due and
©wing from the fame.
SEABORN JONES, Speaker of the Houfeof Reprefentatives.
NATHAN BROWNSON, Prefident of the Senate.
Concurred, December 8, 1789.
EDWARD TELFAIR, Governor.
An aB for repealing certain parts of the
TXTHEREAS the legiflature of this ftate, by an aft palfed the fourth day of May
▼ t one thoufand feven hundred and eighty-two, at Augulta, entitled « An aft
CONFISCATION AND AMERCEMENT.
for confifcation and banifhing certain perfons therein mentioned," did confifcate the
property of Nathaniel Polhill, his heirs, devifees and afligns, and the property of
Polhill Cormick, John Thomas, Peter Edwards, and James Butler, and did banifh
the faid perfons from this ftate ; Be it e?iaBed9 That as far as the faid aft of confifca-
tion refpefts Nathaniel Polhill, his heirs, devifees, and affigns, be and is hereby re-
pealed.
2. And be it further enacied by the authority aforefaid9 that one half of the eftatc
of Nathaniel Polhill, unfold by the commiflioners of confiscated property, be veiled
in Elizabeth Nowland, widow of the faid Nathaniel Polhill, and her heirs.
3. And be it further enaBed9. That the property of the faid John Thomas, which
remains unfold,"be, and it is hereby veiled in Elizabeth Sharp, the wife of John Sharp
jun. and the property of Paul M4 Cormick, which remains unfold, be, and it is
hereby veiled in Frances M4 Cormick and her heirs.
4. And be it further enaBed, That as far as the aforefaid aft of confifcation and
b^nilhment, refpeifting the banilhment of the aforefaid Peter Edwards, and James
Butler, James jackfon, John Douglafs, William Corker, James Ingraham, Thomas
Waters and John Johnfon, be, and is hereby repealed.
By order of the Houfe,
NATHAN BROWNSON, Speaker.
February 1, 1788.
An aB to repeal an aB entitled, 44 An aB for infixing penalties on9 and ccnffcating the
efates of fuch perfons as are therein declared guilty of treafon9 and for other pur-
pofes therein mentioned " fo far as refpeBs the banifiment of Doctor Thomas Taylor,
Abfolom Wells, Cordy Sharp, Benjamin Fox9 William Powel and John Johnfon.
4. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JD Georgia, in General AJfembly met9 That the aft entitled, 44 An aft for in {lift-
ing penalties on, and confiscating the eftates of fuch perfons as are therein declared
guilty of treafon, and for other purpofes therein mentioned," palfed the fourth day
of May, one thoufand feven hundred and eighty-two, fo far as refpefts the banilh-
ment only of the perfons of the faid Doftor Thomas Taylor, Abfalom Wells, Cordy
Sharp, Benjamin Fox, William Powel and John Johnfon be, and the fame is
hereby repealed.
WILLIAM GIBBONS, Speaker.
NATHAN BROWNSON, Prefident of the Senate.
Concurred December 8,-1791.
EDWARD TELFAIR, Governor.
An aB for the relief of the heirs and reprefentatives-of Alexander Inglis deceafed.
1. "T 7t THEREAS the General Alfembly of this ftate by their concurrent refolu-
, V V tions, on the tenth day of December, cine thoufand feven hundred and
ninety, did declare that the faid Alexander Inglis fliould be admitted to all the rights
2
CONFISCATION AND AMERCEMENT.
of citizenfhip in this {late, which faid resolutions require an aft of the General Aftem-
bly to carry them into effeft: And whereas the faid Alexander Inglis hath hnce de-
parted this life, and his heirs and reprcfentatives have not received the benefits in-
tended by the faid refolutions: Beit therefore enaBed by the Senate and Houfe of
Reprcfentatives of the fate of Georgia in General Ajfembly met, That all the eftate,
real and perfonal of the faid Alexander Inglis in this ftate, which he was entL
tied to in law or equity, prior to the fourth day of May, in the year of our Lord
one thoufand feven hundred and eighty-two, or at any time fince, except fuch as
may have been fold by the commiffioners of confiSeated eflates, be, and the fame
is hereby veiled in the children of the faid Alexander Inglis, Share and {hare alike,
in the fame manner, and under the fame rules of law, as if the faid Alexander Inglis
had departed this life in the ftate of Georgia inteftate, and as if the faid Alexander
Inglis had not been named^, comprehended or included in the aforefaid aft of confif-
cation.
2. And be it further enaBed, That it Shall and may be lawful for the executors of
the faid Alexander Inglis, or the guardians of the faid minors, children of the
faid Alexander Inglis, to recover and receive the property of the aforefaid Alexander
Inglis, intended to be herein and hereby veiled in the faid minors: the aft entitled,
" An aft for inflifting penalties on, and for confiscating the eftates of fuch perfons as
therein declared guilty of treafon, and for other purpofes therein mentioned," to
the contrary thereof in any wife notwithftanding.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Preftdent of the Senate.
Concurred December 8, 1792.
EDWARD TELFAIR, Governor.
An aB for the relief of John Fur low, one of the perfons named in the aB of conffca-
Hon and banifhment,
1. T X 7HEREAS the legislature of this ftate, by an aft palled the fourth day of
V V May, in the year of our Lord one thoufand feven hundred and eighty-two,
at Augufta, entitled, " An aft for inflifting penalties on, and confiscating the ef-
tates of fuch perfons as therein declared guilty of treafon, and for other purpofes
therein mentioned," did confifcate the eftate of, and banifh the perfon of a cer-
tain John Furlow, then late of the county of Richmond: Be it enaBed, by the Senate
and Houfe of Reprefentatives of Georgia, in General Ajfembly met, That the faid John
Furlow, be, and he is hereby relieved from the pains and penalties of the aforefaid
aft, fo far as the fame refpefts the banifhment only of the faid John Furlow.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred December 25, 1794*
GEORGE MATHEWS, Governor.
CONFISCATION AND AMERCEMENT.
An aB, to Repeal the aB entitled " An&B for irfliBing penalties on, and confifeating
the efates offueh per Jons as are therein declared guilty of treafon, and for other pur-
pofes therein'mentioned," paffedthe twenty-fecond day of May onethoufand feven hun-
dred and eighty-two, as far as refpeBs the reprefentatives of Donald M'Leodydeceaf-
.ed, George Weekly and Thomas Waters,
i^T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate of Geor-
JD gia in General AJJembly met, and it is hereby enaBed by the authority of the fame,
That fo much of the faid recited law, fo far as relpe£ls the reprefentatives of Donald
M'Leod, be, and the fame is hereby repealed, and all property whatfoever which was
veiled in the faid Donald M'Leod, at any time before the palfing of fuch law, and
which yet remains unfold, be as abfolutely veiled in his reprefentatives, as if no fuch
law had palled.
2. And be it further enaBed, That fo much of the faid law as refpeHs the banilh-
ment of George Weekly and Thomas Waters, be and the fame is hereby repealed.
But this a£t lhall not extend, or be conllrued to extend to rellore any property of
the faid perfons, aHually fold by the commilfioners of confifcated property.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident oj the Senate.
Concurred December 29, 1794.
GEORGE MATHEWS, Governor,
An act for the relief of the heirs of Simon Monro deceafed.
j, TTTHEREAS capt. Harry Monro, late a Britilh fubjeH, died veiled of real ef-
V V tate, in this Hate, and did by his will bearing date the 14th day of Novem-
ber, and in the year 1780, leave the fame to the heirs of Simon Monro, late of this Hate
deceafed, who are citizens of the United States: Be it enacted by the Senate and Houfe
■of Reprefentatives of the fate of Georgia in General Affembly met, and by the authority
of the fame, That from and immediately after the palfing of this a£l, the real ellate of
the faid Harry Monro, late a Britilh fubjeH, which has not been fold under, and by
virtue of the a£l of corififcation, is hereby declared -to be veiled in the heirs of Si-
mon Monro, late of this Hate, deceafed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate,
Concurred February 8, 1797.
JARED IRWIN, Governor,
An act to repeal an act, entitled " An act for inflicting penalties on and conflfcating the
efates of fuch perfons as are therein declared guilty of treaf on, and for other purpo-
fes therein mentioned," Jo far as relates to the banifiment of William Oates and John
Henderfon.
i, 1)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate
JLJ of Georgia, in Geneml Affembly met} That the aH entitled " An aH for in-
uo
CONFISCATION AND AMERCEMENT.
fli&ing penalties on and confifcating the eftates of fuch perfons as are therein declared
guilty of treafon, and for other purpofes therein mentioned," pafled the fourth day
of May, one thoufand feven hundred and eighty-two, fo far as relates to the banilh-
ment only of William Oates and John Henderfon, be, and the fame i3 hereby repeal-
ed. Anu that the faid William Oates and John Henderfon, be and they are hereby
reftorcd to all the rights of citizenfhip. Provided, That they fhall not be entitled
to claim, hold, or recover property fold under the faid a&, formerly belonging to the
faid William Oates and John Henderfon.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, PreJident of the Senate.
Concurred February 10, 1797.
JARED IRWIN, Governor.
An aft to repeal an act, entitled, An act for inficting penalties on certain- perfoni
therein named," fo far as refpects the hanifhment of John Johnfon.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia, in General Affembly met, That the a£i entitled " An a ft, for inflift-
ing penalties on, and confifcating the eftates of fuch perfons as are therein declared
guilty of treafon and for other purpofes therein mentioned," pafled the fourth day
of May, one thoufand feven hundred and eighty-twO, fo far as refpe&s the banifti-
ment only of the perfon of John Johnfon, be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefdent of the Senate.
Aflented to February 7, 1799.
JAMES JACKSON, Governor.
An aft to grant certain privileges to Enoch James, and others, the legal reprefentatives
of William Durgan, late of Burke county, deceafed.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the [late of
A3 Georgia, in General Affembly met, and by the authority of the fame, That Enoch
James, and all others, the legal heirs and reprefentatives of William Durgan, late of
Burke county deceafed, one of the perfons named in the a£t of confifcation, be and
they are hereby vefted, in fee Ample of all and Angular, the goods rights and chattels,
which were conftfcated as the property of the aforefaid Durgan, fo far as relates to
the perfonal property, conftfcated as aforefaid, and which doth now remain undifpo-
fed of by the ftate, any law to the contrary notwithftanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, PreJident of the Senate.
Aflented to November 25, 1800.
JAMES JACKSON, Governor. ■
An aB to repeal an aft for inficting penalties on certain pttfons therein named, fo far as
refpects the punifhment of Chrifopher Frederic Triebner.
1. T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Ij Georgia in General Affembly met, That the a£t entitled <e An aQ; for inflict-
CONVEYANCES.
Ill
ing penalties on, and corffifcating the eftates of fuch perfons as are therein declared
guilty of treafon, and for other purpofes therein mentioned," palled the fourth day of
May, one thoufand feven hundred and eighty-two, fo far as it refpe&s the baniffi-
ment only of the perfon of Chriftopher Frederic Triebner, be, and the fame is here-
by repealed. ' _ ■ "
* DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Affented to December 5, 1800.
. J AMES J ACKSON, Governor.
CONVEYANCES.
An aH to prevent fraudulent deeds of conveyances.
WHEREAS many inconveniences may attend the want or negleft of recording pr«nhic
in the public offices of this province all conveyances of lands, negroes and
other chattels or mortgages of the fame:
1. Be it enacted^ That all conveyances of lands, tenements, negroes and other conveyances,
chattels or hereditaments whatfoever, or mortgages of the fame, that were made be- IvhShn1'
fore the palling of this a61, ffiall be regiftered in the regilter of the records' office LVrccoJSed?
of this province, within three months after the publilhing this aft, except Inch as have
been or may be hereafter executed in Europe, which ffiall be regiftered as dire&ed by
this aft, within a twelvemonth and a day; and except fuch as have been or may be
•hereafter executed in the Welt India illands, or on thef American continent north of
South Carolina, which ffiall be regiftered as dire&ed by this a6t within fix months;
and fuch as may be hereafter made within this province be regiftered within the fpace
of fixty days from the date of the feveral deeds, conveyances or mortgages; in fail-
ure of which, all fuch as are lawfully and regularly regiftered as aforefaid, ffiall be
deemed, taken and conftrued to be prior, and ffiall take place and be recoverable in
law before any and every deed, conveyance or mortgage which has not been law-
• fully regiftered as above, any law, cultom or ufage to the contrary notwithftanding.
2. And in order to difcourage and deter all and every perfon and perfons from iffranduient,
making any fraudulent conveyances or mortgages; Be it further enacted, That ifindplfnuK,
any tender or mortgager of lands, tenements, negroes or other chattels, or heredita-
ments within this province ffiall prefume to execute a fecond or other deed of con-
veyance or fale of the fame lands, tenements, negroes or other chattels or heredita-
ments, other than the firft vender of fuch lands, tenements, negroes or other chattels
or hereditaments, or a fecond or other deed of mortgage, without having taken notice
in the faid deed of mortgage of the firft or prior mortgage or mortgages with which
the faid lands, tenements, negroes or other chattels or hereditaments ftand charged at
the time of executing the faid deed, all and every perfon and perfons fo offending,
ffiall be tried andpuniffied, and be fubjeft to the like forfeitures and penalties as the
laws of that part of Great-Britain called England, have provided againft all fuch per-
fons, as ffiall execute deeds of mortgage without taking notice of all prior mortgages
made.
3. And be it further enacted. That all wills and teftaments conveying properties
within this province, that have been formerly made and not recorded in the former
.J42 CONVEYANCES.
office, be regiftercd in the regiffer of records' office of this province, within three
months after the palling of this aft, except fuch as have been or may be made m Jxu-
rope, all which ffiall be rcgiftci ed as aforeff id, within a t\\ clve month and a day, otimr-
wife they are deemed and coriftrued to be void; and all wills and teftamcnts hereafter
to be made within this province, ffiall beregiitcrcd as above within three months Iiom
the death of the teftator, in failure of which, the faid wills or tehaments ffiall be deem-
ed and conllrued to be void and of no effeft.
Deeds,wins, a. And be it further enacted. That all deeds of conveyances, mortgages, wills or
wrded^deem- writings, that have been regulaily entered in the former office of recoid of this pro-
ed legal. vjncej fhall be deemed lawful to all intents and purpofes, any thing in this aft or any
other aft contained to the contrary notwithilanding.
DAVID DOUGLAS, Speaker.
J. REYNOLDS.
March 7th, 1755.
An aBto enablefeme-coverts to convey their eflates, and for confirming and making valid
all conveyances and acknowledgments heretofore made by feme-coverts.
preamble. TTTHEREAS, the ufual method of conveying lands and tenements in England
V V by feme-coverts, is by fine or recovery, which methods have not been prac-
tifed in any of his majedy's American colonies.
And xuhereaS) indead thereof it has been cudomaryin the conveyances of lands by
huffiand and wife, to acknowledge herconfent before a judge or judice, being fird pri-
vately examined by the faidjiidge or judice, whether ffie acknowledged the fame vo-
conveyances, luntarily and freely; Be it therefore enabled, That all alienations and conveyances
mate bySfi- whatfoever, which have at any time heretofore in this province been made, either by
£?acknow-lfe huffiand and wife, having jointly figned a deed of conveyance before witnefs, or by
5R&?the the acknowledgment of the wife of her confent to fuch afale of lands and tenements,
before any of the then judices or magiftrates^ ffiall in fuch cafes be valid in law, and
good and effeftual againd the huffiand and wife, their heirs and affigns, and againd all
other perfon or perfons whatfoever claiming under the faid huffiand and wife, or eith-
er of them, to all intents and purpofes, as if the fame had been done by fine or re-
covery, or by any other way or means in the law.
How tote 2. And whereas it is neceffary to fecure the property of future purchafers of lands
Entered hire- and tenements, as well as to prevent huffiands difpofing, without the confent of the
*fter* wife, what of right did or would belong to them: And~ whereas alfo the method
praftifed in England in thefe cafes would prove exceedingly troublefome and very
expenfive to the inhabitants of this province: Be it therefore enacted, That from and
after the palling of this aft, all * conveyances of lands and tenements ffiall be made
by deed of bargain and fale, or by deed of leafe and releafe, or by deed of feoff-
ment, enrolled or regiftered in the fecretary's office of this province, figned and
fealed by the party conveying, before two or more witneffes, who ffiall likewife fign
their names to the faid deed; and where a feme-covert has or may have any right
in part, or the whole of the lands and tenements to be conveyed, and the faid feme-
covert doth willingly confent to part with her right, by becoming a party with hex
* See ad of 1768, fed. 1, page 113,
CONVEYANCES.
"hufband in die fale of fuch lands and tenements, in fuch cafes as thefe, the faid &$na£c
feme^covert fh.aU become a party with her hufband in the faid deed of conveyance, conveyance,
and fign and feal the fame before the chief juftice or affiftant judges, or one of his
majefty's juftices of the peace for the parifh where fuch contrafts fhall be made, de-
claring before the faid judge or juftice, that fhe has joined with her hufband in the
alienation of the faid lands and tenements of her own free will and confent, without
any compulfion or force uled by her faid hufband to oblige her fo to do; which de-
claration fhall be made in the following words, or words to the like effeft, viz.
f* I, A.B. the wife of C. D. do declare, that I have freely, and without any com-
pulfion, figned, fealed and delivered the above inftrument of writing palled between mi of doww.
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 faid hufband, to or out of the lands
- or tenements therein conveyed. In witnefs whereof I have hereunto fet my hand and
feal." And the faid judge or juftice fhall, and is hereby required to endorfe upon the
deed the acknowledgment of the fame feme-covert, made before him, and to lign the
-fame, and fhall receive two fhillings and fixpence fterling fee, for his endorfing and justice's fee.
figning the fame, and no more.
3. And be it further enacted^ That all conveyances of lands and tenements, made jMhconycy-^
&nd executed, and enrolled or- regiftered according to the intent and meaning of thisvalidinlaw-
aft, fhall and are hereby declared valid in law, and good and effeftual againft the par-
ty conveying, or hufband and wife, and their and every of their heirs andaffigns, and
againft all other perfons claiming by, from, or under them, or any of them, to all in-
tents and purpofes, as if the fame had been done by fine or recovery, or by any other
way or means, any laws, cuftoms, or ufages, to the contrary notwithftanding.
JAMES HABERSHAM.
DAVID MONTAIGUT, Speaker.
' ; HENRY ELLIS.
April 24, 1760.
An aft to prevent fraudulent mortgages and conveyances, and for making valid all deeds
and conveyances heretofore made, with refpebt to any defebl in the form and manner
of making thereof with certain reflriBions.*
i.X T£ THERE AS notorious frauds have been committed by evil difpofed and de-
V V figning perfons, who frequently mortgage and borrow money on fecurity ofPrC)imblv.
lands and Haves, having before conveyed, fold, or mortgaged the fame, and the re-
cording of all deeds and conveyances of lands, tenements, negroes, and other chattels,
will greatly tend to the fecuring the titles of the proprietors or mortgagees, and prevent
fuch frauds for the future, Be it therefore enabled. That ail and every deed and deeds
of fale, mortgages or conveyances of any lands, tenements, negroes or other goods
and chattels, heretofore made in this province, and which fhall be recorded in the fe- neg^eAo^bc^
cretary's office of this province, within fix-months after the palling of this aft, except ftecccr^a^sd°^
fuch as have been made and executed in any of the Britiffi illands, or in any other of
the colonies on the continent of North America, which ffiall be recorded within nine
months, and except alfo fuch as have been made and executed in Great-Britain or
Ireland, which fhall be recorded within twelve months; and all deeds of fale, mortga-
* See act of 1785, dire&mg the recording of deeds, &C. fee. 2.
"114
CONVEYANCES.
ges, conveyances, made and executed within this province, from and after the firft day
of January next enfuing, being recorded as aforefaid, within ten days after the execu-
tion thereof, fhall be deemed, held and taken as the firft deed of fale, mortgage, or
conveyance, and fhall be allowed, adjudged and held valid in all courts of judicature
within this province, any former or other fale, mortgage or conveyance, being of the
fame lands, tenements, negroes, and other goods, and chattels, and not recorded as
aforefaid, notwithftanding.
Method of pro, 2. Provided always, and be it further enaBed, That neverthelefs if it {hall fo happen
there are more there be more than one mortgage at the fame time, made by any perfon or perfons, to
than one" any perfon or perfons, of the fame lands and tenements, negroes, goods or chattels, the
feveral late or under mortgagees, who fhall have recorded their mortgages, his, her, or
their heirs, executors, adminiftrators, or aftigns, (hall have power to redeem any for-
mer mortgage or mortgages, recorded as aforefaid upon payment of the principal debt,
intereft and coft of fuit, to the prior mortgagee or mortgagees, his, her or their heirs,
executors, adminiftrators or afligns, any thing contained to the contrary thereof in
any wife notwithftanding; and all and every perfon and perfons who fhall mortgage
the fame lands, tenements, negroes, goods or chattels a fecond time, the former mort-
gage thereof being in force and not difcharged, and fhall not difcover to the fe-
cond mortgagee in writing under his or their hands, fhall have no relief, power, or
liberty of redemption whatfoever, in equity or otherwife, of and in the faid after
mortgage or mortgages.
^noTb'lrrcdin 3* Provided aljo, and be itfurther enacted, That nothing in this a£l contained fhall be
glSdlfunteM ie- c°nftrued, deemed or extended to bar any widow of any mortgager of lands or tene-
SlidUn' ments, from her dower and right in and to the faid lands or tenements, who did
not legally join with her hufband in fuch mortgage, or otherwife lawfully bar ©r ex-
elude herfelf from fuch her dower or right.
ronwjdefe«» 4. And to the end that no perfon may hereafter fuffer any inconvenience in record-
r*i«<i, * ing their title deeds, by expofing the defefts thereof, Be it further enacted and declared,
That no need of feoffment, bargain and fale, deed of gift, or other conveyance, of
any lands or tenements whatfoever, heretofore made, fhall be impeached or fet afide
in any courts of law or equity for want of attornment or livery and feifin, or enrol-
mentjorfor that fuch conveyance hath been made by way of affignment or endorfement
on any other deed or conveyance without other ceremony, nor for any other defeft
in the former or in the manner of the execution of any fuch deeds or conveyances,
or of the endorfements or affignments thereof, either in the firft: deed, or in any of
?rovts»; themefne conveyances derived therefrom : Provided neverthelefs That in cafe of the
validity of fuch feoffment, bargain and fale, deed of gift, or other conveyance of
lands or tenements, fhall be qucftioned, the legal and ufual proofs fhall be made that
the rights were and would have been in the perfon or perfons conveying, if fuch de-
feels had not happened in the form of fuch deeds or conveyances, or in the manner
of the execution of the fame as aforefaid.
costiBuatior:, 5- And be it further enaBed, That this a£l fhall continue and be in force for and
during the term of three years from and after the paffing thereof, and from thence
to the end of the next feffion of the General Affcmbly, and no longer.*
N. W. JONES, Speaker.
JAMES HABERSHAM, PrefidenU
JAMES WRIGHT.
December 24, 176$,
* Continued by aft of 1784*
CONVEYANCES.
iT
An aft to render tafy the mode of conveying lands, and for making valid all deeds and
conveyances heretofore that may he deficient in point of form*
i.TXTHEREAS many deeds of bargain and fale, and other deeds of feoffment Prc's«v--
V V or conveyances have been made, which have not been enrolled, or livery
and feifin had, or may be deficient in point of form, when it was the legal intent of
the party to fell and lawfully convdv the fame, Be it enabled by the reprefentativcs
the freemen of the fiate of Georgia in General Affembly met, That no deed of feoffment
bargain and fale, and deed of gift, or other conveyance of lands or tenements •
whatfoever, heretofore made, {hall be impleaded or fet alide, in any courts of law orient!"05*
equity, for want of form, or livery and feifin, or enrolment, or for any other de-
feft; in the form, or in the manner of the execution of any fuch deeds or conveyan-
ces, either in the firft deed, or in any of the mefne conveyances derived therefrom,
fo that the right were and would have been in the perfon or perfons conveying, if
fuch defefls had not happened in fuch conveyance, or in the manner of the execution
of the fame as aforefaid.
- 2. And to the end that fuch evils may be remedied in future, Be it enabled by the Execution of
authority aforefaid, That all deeds of conveyances, by way of bargain and fale, bona &c"ifl
fide, of lands or tenements, and executed under hand and feal in the prefence of
two Or more witneffes, and a valuable confideration paid, that are proved or ac- wo witness:*,
knowledged before a juftice of the peace, or before the chief juftice, or one of
the affiftant juftices, and the faid deed is regiftered bv the clerk of the court in the
County where fuch lands or tenements lie, in a book by him to be kept for that pur-
pofe, within twelve * months from the date of fuch deed, for which he fhall receive
four pence per copy-fheet of ninety words; then, and in that cafe, fuch deed oftwelTemontil5-
conveyance by way of bargain and fale fhall be, and the fame is hereby declared to
be, good and valid in law and equity, according to the true intent, conftru&ion
and meaning thereof: Provided neverthelefs, That nothing herein contained fhall
extend, or be conftrued to extend, to prevent any perfon or perfons, who {hall
prefer the former mode of conveyance by way of leafe and releafe, from ufing the
fame, or in the leaft to impeach or difcontinue that form of conveyance, where the
fame {hall be preferred by the parties contrafling as aforefaid, on condition only
that the faid deeds of leafe and releafe hereafter to be made, be duly regiftered in the
county where the lands lie, within one year from and after the date of fuch deeds.
3. And in cafe of dower, Beit further enabled. That any fuch deed of convey- J/"oSti'rt
ance of#lartds or tenements, in which a feme-covert may be interefted, by dower or
otherwife, and that fuch feme-covert doth voluntarily with her hufband agree, and
fign, feal and deliver, before lawful evidence, fuch deed of conveyance of any lands
or tenements as aforefaid, and alfo before the chief juftice, or any juftice of the peace,
on private examination, doth acknowledge and agree that {he did, of her own free
will and accord, fubferibe, feal and deliver the faid deed, with an intention there-
by to renounce, 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 cafe, fuch
deeds of conveyance, or bargain and fale of lands and tenements, fhall be held, deem-
ed and confidered, according to the conftruftion and meaning thereof, to be good
and valid in law and equity, and fhall be, and is hereby declared to be a free, full
* Time extended by ad 1788, fee. 2, and further extended by ad 1790, fee. 14; fince Which ikne
Ihis ad haa been left to operate;
H6
CONVEYANCES.
andabfolute renunciation of dower andnhirds, any law, ufage or cuftom to the cori-
trary notwithftanding.
Kowbonds,spc- 4- And be itfurther enaBcd by the authority afore/aid. That all bonds, fpecialties,
powersoTat- letters of attorney, and other powers in writing, which fhall be produced in any court,
other states arc Ol" before any juftice in this ftate, the execution whereof being proved by one or
ttof p'ovcnm more of the witnelfes thereunto, by affidavit or folemn affirmation in writing, before
any governor, chief juftice, mayor or other juftice of either of the United States,
where fuch bonds, letters of attorney or other writings are or fhall be made or exe-
cuted, and accordingly certified and transmitted under the common or public feal of
fuch Hate, court, city or place where the faid bonds, letters of attorney or wri-
tings are proved, ffiall be taken and adjudged as fufficicnt in law as if the witneftes
therein named had been prefent; and fuch certification fhall be fufficient evidence to
the court and jury for the proof thereof: Provided, That in every fuch affidavit or
affirmation, there ffiall be expreffed the addition of the party making fuch affidavit or
affirmation, and the particular place of their abode.
S'lenSofat- 5' And be it further enaBed, That all fales or conveyances of lands,- tenements,
J?Sd£ia- hereditaments which ffiall hereafter be made by virtue of any letters or powers of at-
red valid in torney, duly executed, which do or ffiall exprefsly give power to fell all lands or
other eflates, and be certified to have been proved as aforefaid, or fhall be proved in
this flate before any juftice of the peace by one or more of the witneffes thereunto,
ffiall be good and efieftual in law, to all intents, conftructions and purpofes what^
foever, the fame as if the faid conflituent or conftituents had, by their own deeds and
If rea.de with- conveyances, actually and really fold and conveyed the fame: Provided always. That
out notice of pi P , i 11* /» /» » p
revocation,or no lale or lands made by virtue or iucn power or powers or attorney or agency, as
conftlttfcS" aforefaid, fhall be good and effeftual, unlefs fuch fale be made and executed while
fuch powers are in force, and all fuch powers ffiall be confidered, deemed and taken
to be in force, until the attorney or agent ffiall have due notice of a countermand, re-
Vocation or death of the conflituent. -
Establishment 6. Be it further enaBed by the authority aforefaid, That it fhall and may be lawful
duSngethe0st for any perfon or perfons, whofe titles, bonds, notes, books of accounts, receipts
war* and papers touching his, her or their eflate and property, may have been loft or
deftroyed during the late war, who fhall produce a paper writing, purporting to be a
copy or as near a copy of the original paper fo loft or deftroyed as aforefaid, with
full or circumflantial proof of the fubftance thereof, and of his, her or their title
thereto, and ffiall lodge the fame in the office of the clerk of the county where fiich
perfon refides, or where lands are in queftion is fituate, and ffiall notify by public
gazette of this flate, that fuch perfon or perfons intends to eflablifh fuch deed or
paper, that then it ffiall and may be lawful, and in cafe no fufficient objeftion fnall
be made, for the fuperior courts in each county to eftabliffi the title and right of fuch
perfon or perfons to the property alluded to, by the teftimony and papers offered to
the faid court, and be deemed as good evidence in law, fo far as to give the party
applying a good right and title, until a better ffiall appear and be made out tg> the fa-
tisfaftion of the court and jury, within the time limited by the aft: of limitation.
JOSEPH HABERSHAM, Speaker.
Savannah, 22ft February, 1785.
CORPORATIONS AND TOWN REGULATIONS.
©atrannaft.
An del for the heller regulating the town of Savannah, and for afcertaining the common
thereunto belonging.
!i. Refpects the regulation of the town, repealed, fee aft of 1787.
-2. ■And bt it further enacted by the authority aforefaid, That the common apper-Town-common
tabling to the laid town, extending foutherly from the extremity of the Bluff on the ri- 3SCeltal"ed,
ver Savannah to the north line of the garden lots, and wefterly from the weft line of
the garden lots, lying eaft of the faid town to the eaft line of the lots lately laid
out between Mufgrove's Creek and the faid town, including all the fquares, ftreets,
lanes, and paffages, defcribed in the plan of the faid town in the furveyor gene-
ral's office, and have been heretofore accuftomed or made ufe of by the inha-
bitants of the faid town, ffiall be and continue the common property of the lot
holders in the faid town, and ffiall not be aliened or granted away for any purpofe,
whatfoever, than by aft of the General Affembly.
3 and 4. Refpeft the regulations of the town—repealed. commission-
5. And be it further enaBed by the authority aforefaid^ That Jofeph Ottolenghe,
James Deeveaux, William Ewen and William Ruffell efqrs. ftiall, and they are
hereby nominated and appointed commiffioners to put this aft in execution.
The remainder prefcribes the mode of filling vacancies. Obfolete.
DAVID MONTAIGUT, Speaker,
HENRY ELLIS- JAMES HABERSHAM.
May i, 1760.
An aBfor amending an aB entitled " An aB for the better regulating the town ofSa-
vannah, and for afcertaining the common thereunto belonging.
1 T 7CTHEREAS, by an aft of affembly paffedthe firft day of May, in the year ofFreaffible-
V V our Lord one thoufand feven hundred and fixty, entitled, " An aft for the
better regulating the town of Savannah, and for afcertaining the common thereunto
belonging," the lots heretofore allotted for the ufe of the public, and on feveral of
which buildings have been erefted, were not afcertained, whereby the inhabitants of
Savannah may be deprived of the benefits intended them by fuch allotments, and un-
neceffary difputes, and fuits at law may a rife for want of fuch lots being afcertained.
Me it therefore enaBed, That the feveral lots herein after mentioned, and particular * Lots herein na-
ly defcribed in the plan of the town of Savannah in the furveyor general's office of to certain uses,
this province, and to which reference may be had, ffiall be and continue for the ufes
and purpofes to which by this aft they are refpeftively appropriated, and ffiall not be
aliened or granted away to, or for any other ufe or purpofe whatever, unlefs by act
of the General Affembly, that is to fay, the lot D, whereon the church now ftands, as
alfo the lot E, whereon the parfonage-houfe now ftands, ffiall be and continue for the
ufes and purpofes to which they are refpeflively appropriated and allotted in and by an-
aft entitled, " An aft for conftituting and dividing the feveral diftrifts and divifions
of this province into pariffies, and for eftabliffiing religious worffiip therein according
to the rites and ceremonies of the church of England, and alio for empowering the
churchwardens and veftry men, of the refpeftive pariffies, to affefs rates for the re-
CORPORATIONS AND' TOWN REGULATIONS.
pair of churches, the relief of the poor and other parochial charges;" C, whereon a
prifon formerly flood, (hall be and continue for the ufe and purpofe of a public jail
orprifon, and for the ufe of the keeper of the fame; the lot H, whereon the court
houfc now Hands, fhall be and continue for the ufe and purpofe of a court houfe for
this province; the lot S, whereon the filature now Hands, fhall be, and continue for
the ufe of a public filature; the lot V, whereon the Hate houfe now Hands, fhall be
and continue for the ufe and purpofe of a Hate houfe, for this province ; as alfo the
water lots at the end of every ffreet, alfo fixteen acres of land laid out for the ufe of
the public, joining the common of the faid town, and known by the name of the
Spring, fhall be held, deemed, and reputed, as public lots and lands, and referved for
the ufe of the public only.
2, Contains a plan of the town, fee aBs of 17 62, following.'—176b, page 119, and
1770, page 120.
3. Regulates the town, fee acts cf 1787, page 121.—1789, page 123, and 1795,
page 124.
GREY ELLIOT, Speaker.
JAMES HABERSHAM.
JAMES WRIGHT.
June 9, 1761.
An aB to enable ihe coramijfi oners appointed by the General Affembly of this province, en-
titled 44 An aB for regulating the town of Savannah, and for afcertaining the com-
mon thereunto belonging," to alien and convey a certain portion of the faid common in
exchange for other land io the faid common adjoining.
»-e«r.Nc. 1. ^ THERE AS in and by an aft of the fecond General Affembly of this province,
YV entitled 44 An afl for the better regulating the town of Savannah, and for
afcertaining the common thereunto belonging," the faid common is afcertained, and
declared to be the common property of the lot holders of the faid town, and not to
be aliened or granted away for any purpofe whatfoever, other than by aft of the Ge-
neral Affembly j And whereas the exchanging a fmall part of faid common, con-
fiHing of about fifteen acres, for four garden lots feverally joining to other parts of
the faid common, and to become apart thereof, will not only enlarge the common of
faid town, but alfo render it more complete and uniform: Be it therefore enacted,
v_(imrr',ssiorievi That from and after the paffing of this a£l, it fliall and may be lawful to and for the
unnrHed^ocx- commiffioners named and appointed in and by the faid recited a£l of the General Af-
um"s«ffitheeu fembly, by any fit deed or conveyance in the law, by them or any three of them, to
be made and executed, to grant, alien and convey unto his excellency James Wright,
efq. or to any perfon or perfons for his ufe, and to his and their heirs and affigns for-
ever, all that part of the faid town-common on the fouth-eafi boundaries of the com-
mon of the town of Savannah, adjoining the garden lots number feven, eight, thir-
teen and fourteen, extending on a direfl line twenty-five chains, and courfe of the
garden lots to the eafiern rOad, and from the upper weHernmoft corner of the late truf-
tees' gardens on a direfl line and courfe of the garden lots aforefaid, fourteen chains to
the eafiern road, and bounded to the northward by the faid trufiees' gardens, and par-
ticularly defcribed by the letters A, C and D, in the plan hereunto annexed, con-
CORPORATIONS AND TOWN REGULATIONS.
tabling fifteen acres more or lefs, he the faid James W right fir ft granting and convey-
ing, or caufing to be granted and conveyed unto the faid commiftioners all thofe four
garden lots containing together twenty acres, more or left, fituate fouthward of the
faid common, and adjoining thereunto, and particularly defcribed in the faid plan to.
this aft annexed, by the numbers nineteen, twenty, thirty-one and thirty-two, to
hold the fame unto the faid commiflioners and their fucceflors forever, as part and
parcel of the common of the faid town of Savannah, for the ufe of the lot holders
thereof.
2. And be it further enacted, That from and after the alienation and exchange re-
fpeftively made of the faid part of the faid common herein before defcribed for four sifjamc*rty 0
garden lots in manner as before mentioned, the faid traft of fifteen acres, more orVvngiu'
lefs, defcribed as aforefaid in the faid plan by the letters A, B, C and D, fhall and
is hereby declared to be fevered from the faid common, and become and continue
the abfolute property of the faid James Wright, or other perfon, for his ufe, and
his and their heirs or afligns forever.
3. And that the faid four garden lots before mentioned and defcribed, fhall from %£
thenceforth be and continue as part and parcel of the faid common of the town of
Savannah, for the ufe of the lot holders of the faid town, to all intents and purpofes
whatfoever, as any other part of the faid common is, according to the true intent
and meaning of this aft; any thing in the faid recited aft contained to the contrary
notwithftanding.
JAMES HABERSHAM, Prcjulcnt.
LEWIS JOHNSON, Speaker.
JAMES WRIGHT.
March 4, 1762.
An att to enable the commiffioners appointed by an act of the General Affembly of this
province, entitled u An act for regulating the town of Savannah, and for afcertain-
ing the common thereunto belonging, to alien and convey to the honorable William Simp-
fon, efqr. his heirs, and ajjigns forever, a certain part of the faid common in ex-
change for part of a lot of land adjoining the fame.
WHEREAS in and by an aft of the fourth General Affembly of this province,Pre?mbk*
entitled, " An aft for regulating the town of Savannah, and for afcertaining
the common thereunto belonging," the faid common is afcertained and declared to
be the common property of the lot holders of faid town, and not to be aliened or
granted away for any purpofe whatever, otherwife than by aft of the General Affem-
bly. And whereas, Henry Ellis, efq. late governor of this province, had prior to
the paffingof the faid aft, that is to fay, on or about the feventh day of February in
the year of otir Lord one thoufand feven hundred and fifty-eight, obtained his late
majefty's grant, under the great feal of the faid province, to him, his heirs and af-
figns, forever, for a lot of land, fituate part on the.bay, and part on the common of
the faid town of Savannah, containing one hundred and twenty feet in front, and four
hundred and ninety feet in depth weft, and four hundred and fixty-five feet in depth
eaft. And whereas the fame is fince by purchafe from the faid Henry Ellis, efq. be-
come veiled in the honorable William Simpfon, efq. And whereas part of the faid
lot, may hereafter be of general benefit, for the conveniency of a ftrcet or palfagefrom
the bay of the faid town to the hamlets of Yamacraw and Ewenlburgh, and would
"120
CORPORATIONS AND TOWN REGULATIONS.
now, if flopped up or built upon, be of great detriment to the public, and the fail
William Simpfon, being willing to exchange the part of the laid lot convenient for the
above intended ftrcet or paffage for an adequate proportion of land on the common
to the weftward of, and adjoining his faid lot.
Commissioners i. Be it therefore enacted, That immediately after the pafling of this aft, itfhallanc}
may be lawful to, and for the commiflioners named and appointed in and by the faid
othTiandSor rccited aft of the General Aflembly, by any fit deed or conveyance in the law, by
adjoining them, or any three of them, to be made and executed, to grant, alien, and convey
unto the faid William Simpfon, efq. and his heirs and afligns, forever, a part of the
fsiu common of Savannah to adjoin weftward to the lot of the faid William Simpfon,
and to contain thirty feet in width, and three hundred and fix feet in depth and particu-
darly defcribed'by the letters, F, G, H, I, in the plan hereunto annexed, be the faid
William Simpfon, firft granting and conveying unto the faid commiflioners, a part of
his lot as aforefaid, containing forty-feven feet in width, and one hundred and twenty
feSfc in depth, and particularly defcribed in the faid plan hereunto annexed by the let-
ters A, C, E, F, to hold the fame unto the faid commiflioners, and their fucceflors
commiflioners forever, as part and parcel of the common of the faid town of Savan-
nah, for the ufe of the lot holders thereof.
E^vered*t0 2* ^ farther enacted by the authority aforefaid, That from and after the
m°n andS alienation, conveyance and exchange refpeftively made of the faid part of the faid com-
itauhSLSf to mon, for part of the lot of the faid William Simpfon, as herein before mentioned, the
«mmon.fto faid part of the faid common, containing thirty feet in width, and three hundred and fix feet
in depth, and defcribed in the plan aforefaid by the letters F, G, H ,I,fhall and ishere-
by declared to be fevered from the faid common, and become and continue the abfo-
lute property of the faid William Simpfon, to and for the ufe of him, his heirs and.
afligns forever; and that the part of the lot of the faid William Simpfon, containing
forty-feven feet in width, and one hundred and twenty feet in depth, as before men-
tioned and defcribed, fhall from thenceforth be and continue to be part and parcel of
the faid common of the town of Savannah, to all intents, conftruftions and pur-
pofes whatever, and as any other part of the faid common is or may be, accoiding to
the true intent and meaning of this aft:; any thing in the aft herein before recited, to
the contrary notwithftanding.
ALEXANDER WYLLY, Speaker.
JAMES HABESHAM, Pnj.dcut.
JAMES WRIGHT.
March 6, 1766.
An actfor further amending an act, entitled tc An actfor the letter regulating the town
of Savannah, and for afcertaining the common thereunto belonging."
preamble. X THEREAS inandby an aftof the'General Aflemblypafled the ninth day of June,
V V in the year of our Lord one thoufand feven hundred and fixty-one, entitled
u An aft for amending an aft for the better regulating the town of Savannah, and
for afcertaining the common thereunto belonging," it was enafted, That the plan
to that aft annexed fhould be thenceforth taken for and deemed to be the true plan
of the faid town, and that the feveral references made therein to the plan in the
Corporations and town regulations.
furveyor general's office fhouid from thenceforth be taken and deemed to be made
to the plan thereunto annexed, any thing in the faid ad contained to the contrary
notwithftanding: And whereas, in the plan to the faid ad annexed the feveral
wharf lots Under the bank or bluff of the faid town and Common of Savannah, and
the lines or limits of the faid common were not-laid down or afcertained, for want of
which many difputes, contfoverfies and fuits of law may arife: And whereas miftakes
wrere made in the figures refpeding the width of feveral of the ftreets and lanes in
the faid town:
Be it therefore enacted, That the plan annexed to this ad fhall from henceforth be^^
held, taken for and deemed the true plan of the faid town and common of Savannah,
including the feveral wharf lots under the bank or bluff of the faid town and com-40"4'
mon, and that the feveral references made in the faid recited ads to the plan in the
furveyor general's office fhall be henceforth taken and deemed to be made, and fhall
be made and had to the faid plan hereunto annexed, any thing in the faid ads to the
contrary notwithftandingi
2. Regulates the town—repealed by ad of 1787. See next ad.
N. W. JONES, Speaker.
JAMES HABERSHAM, Prtfidtnt.
JAMES WRIGHT*
May 10, 177b;
An act for better regulating the town of Savannah, and the hamlets thereof.
T 71 THERE AS the town of Savannah and the hamlets thereof require regula-
V V tion, Be it enacted by the freemen of the fate of Georgia in General AJfem-
hly met, and by the authority of the fame, That the faid town and hamlets be divided in-savanna^
to feven wards, the town as ufual to confift of fix* viz. Percival, Derby, Anfon, ITdedTnt^lt1
Reynolds* Heathtote and. Dicker wards, and the hamlets of Ewenfburgh and Yama- 01
craw, fhall conftitute the feventh, and be known by the name Of Oglethorpe's ward.
2. * Repealed, fee ads of 1789, 1795, 1796 arid 1797;
3. And be it further enabled by the authority aforefaid* That the wardens fo cho-
fen fhall have full power and authority to make fuch bye-laws and regulations, and to Powerof the
inflid or impofe fuch pains, penalties and forfeitures, as fhall be conducive to the good wardcni ^
order, and government of the town and hanilets as aforefaid : Provided, that fuch bye-
laws, and regulations, be not repugnant to. the laws and conflitution of this flate.
4. And be itfurther enabled by the authority aforefaid, That it fhall and may be law*
ful, for the faid wardens or a majority of them, yearly and every year, or oftener ifTomak awes(
occafion may require, to make, lay, and affefs one or more rate or rates, affeffment
or affeffments, upon all and every perfon or perfons who do or fhall inhabit, hold, ufe money,s
or occupy, poffefs or enjoy, any lot, ground, houfeor place, building, tenement or
hereditament in any fquare, ftreet ok place, within the limits of the town of Savannah
Or hamlets as aforefaid, for raffing fuch fum or fums Of money as the faid wardens or
a majority of them fhall in their difcretion judge rieceffary for, and towards carrying
this ad into execution ; and in cafe of refufal or negled to pay fuch rate and affeff-
ment, the fame fhall be levied and recovered in manner as herein after direded, Pro-
Q. ....... .. ...
* This fedion prescribes the qualification of voters, the time arid manner of chooilng wardens and prefidentl
122
CORPORATIONS AND TOWN REGULATIONS.
w""n"tt*nJ vidtd, That no fuch rate and affeffmtnt fliall be appropriated to the paying of the pre-
jtry.without f1(ieilt or wardens for their fervices, but that they lhall ferve in their laid appointments
without fee or reward.
iTfw ainou & 5- be it further enabled by the authority aforefaid, That the wardens to be cho-
£hSnthere* ^cn unt^er lbL ad, or a majority of them, are hereby veiled with full power and au-
ycn!iuc-liiliuc! thority to let, leafe, or rent at public fale, any lot or lots of land including the lot of
land containing lixteen acres, called the Spring, weftward of the faid town of Savan-
nah, and the building commonly called the Vendue-houfe, and the monies arifingthere-
from fliall be applied, by the faid board of warderis, to the carrying this adintocxecu-
tion.
Recovery of 6. And be itfurther enabled by the authority aforcfaid, That all rates and affeff-
ments, pains, penalties, and forfeitures, laid or incurred under this ad, (hall be levied
and recovered by warrant of dillrefs and fale of the offender's goods, under the hands
and fcals of the faid prefident, or wardens, or a majority of them, or by warrant un-
der the hand and feal of any juflice of the peace for the county of Chatham.
Account of ex- 7. And be it further enabled by the authority if or efaid, That the faid prefident and
ScpubilTed0 wardens, by their clerk fhall publifh in the Georgia gazette monthly and every month,
won an account of the expenditures of all monies which they fhall receive by virtue of
this ad, for the information of faid town and hamlets.
.Boundary of 8. Whereas it appears by the petition of a number of perfons owning wharf lots in
tic e.st.V'lished the faid town of Savannah, that the boundary of the back part of faid lots fronting
Bent and hoard the Eay-ltrcet of faid town, was eftablilhed by a law paffed under the Eritilh gov-
ernment, and a plan thereof was recorded in the furveyor general's office of the Hate,
(then province) which plan was loll during the late war, in confequence of which the
owners of faid lots are put to great difficulty in placing their buildings : Be it enacted
by the authority aforefaid. That the prefident and board of wardens, appointed under
this ad, are fully empowered to fix the boundary of faid lots, in fuch manner as to
thereof io them may appear jult and equitable; and that apian thereof be recorded in the fur-
veyor general's office, and alfo in the office of the clerk of the county of Chatham.
Board ©f war- 9. And be it further enabled, That the faid board of wardens lhall have full power
tK°briifulate to regulate the public docks between the wharfs fo as to prevent the injury which is
°c s' now done to the navigation of the faid river, by the docks being open.
Se£ccMOf 10* -And be it further enabled by the authority aforefaid. That the wardens appointed
under this ad, fliall have, and are hereby veiled with the powers and authority ofjuf-
tices of the peace within the town and hamlets aforefaid.
Repealing 11. And be it further enabled by the authority aforefaid, That all former laws here-
c tofore paffed for the better regulation of faid town and hamlets thereof be, and the fame
are hereby repealed.
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1787.
An abl for regulating the town of Augufa, and to amend an abl, entitled u An aft
for regulating the town of Savannah and hamlets thereof."
(The firft nine fedions of this ad relate to the incorporation of Augufta—repealed
by ad of 1795. ' See the next page.)
GURI'OKATIONS AND TOWN REGULATIONS.
10. And whereas by an aft of Affembly, palled the tenth day of February, one
thoufand feven hundred and eighty-feven, entitled "An aft for better regulating the™11'
town of Savannah, and the hamlets thereof," it is therein enafted, That certain per-
fons, ftyled wardens, are to be elected in the faid town annually by the proprietors
of lots or houfes, who are to eleft from fuch wardens a perfon, that is ftyled prefi-
dent of the board of wardens: Now he it enabled, Th^t the faid town of Savannah
ftiall be hereafter known and called by the ftyle and name of the city of Savannah;
and that on the firft Monday in March, one thoufand f<?ven hundred and ninety, and
thereafter annually, the owners or occupiers of any lot or houfe in the faid city or S!1"4l"
hamlets fhall, under the direftion of any two or more juftices in the faid city, eleft
an alderman for each ward, mentioned in the faid aft, from among the citizens ge-
nerally, who ftiall, on the Monday following after the eleftion of fuch aldermen,
choofe from their own Tody a mayor, and from and after the eleftion of fuch alder-
men and mayor, their ftyle ftiall be the mayor and aldermen of the city of Savan-^^,^
nab and the hamlets thereof: mid ate hereby empowered to carry into execution the
powers intended by the faid aft, and ftiall be a body politic and corporate, to haventeirpovrers.
and to ufe a common feal, with power to fue and be fued, plead and be impleaded,
and may acquire, have, hold and enjoy real or perfonal property, for the ufe and
benefit of the faid city and hamlets.
11. And be it further enabled, That fo much of the faid recited aft as is repugnant Repealing
to the principles of this aft be, and the fame is hereby repealed. c ausc*
12. And to prevent diforders or contagious diftempers from being fpread through-
out the ftate, Be it enabled, That a health officer, being a phyfician, ftiall be ap-
pointed for the port of Savannah, whofe duty it fhall be to go on board every veffeldutr-
arriving from a foreign port, and before her arrival at Five Fathom Hole, and there
examine as to the health of the crew and paflengers on board, and certify the fame
to the captain or commander of fuch vefiel, for which certificate fuch phyfician ftiall
be entitled to receive, and the captain of fuch veffel ftiall pay, three dollars; after
which being granted, the faid crew and paflengers fhall be permitted to pafs Fort
Wayne, and not otherwife.
( The remainder of this aft, regulating the performance of quarantine, repealed.
See aft of 1793.)
SEABORN JONES, Speaker of the Houfe of Reprefentativcs.
NATHAN BROWNSON, Prcfidcnt oj the Senate.
EDWARD TELFAIR, Governor.
December 23d, 17S9,
An act fupplementary to an abl for regulating the town of Augufa, and to amend an
abl, entitled " An abl for regulating the town of Savannah and hamlets thereof A
1. X 7C 7HEREAS the limits of the jurifdiftion of the corporation of Savannah, Pre4mble-
V V over part of the hamlets of the faid city, has never been fully and clearly *"
defined: Be it enabled by the Senate and Houfe of Reprefentatives of the Jlate of Geor-
gia, in General Affembly met, That all the lots in that part of the fuburbs of the faid corporation of
city called Carpenter's Row, and all thofe in the truftees' gardens, including the ma-
gazine at Fort Wayne, ftiall be fubjeft thereto, and fhall be confidered as a part of
the ward to which it is raoft contiguous.
1
124 CORPORATIONS AND TOWN REGULATIONS:
JuSM 2. And whereas feveral new wards have lately been laid out, adjoining the faid ci-
aidcrmen. nQ aQ ^as paffed authorizing an additional number of aldermen in
faid city in confequence thereof: Be it therefore enaBed, That on the firft Monday
in March next, and annually thereafter, the ele&ors of aldermen for the faid city
fhall eltdi from the citizens thereof, generally, one other alderman for each of the faid
new wards, in addition to the number heretofore elefted, who fhall have fuch quali-
fications, and be vefled with the like power and authority as the prefent aldermen of
the faid city.
3. This fe&ion prefcribes the qualification of voters, and is repealed by a£t of 1797.
4* ^n^ vohereas experience hath proven that fo much of the aft for regulating the
corpokuonof town of Augufta, and to amend an aft, entitled " An aft for regulating the town of
Augusta repeal- Savannah and hamlets thereof," paffed at Augufta, on the twenty-third day of De-
cember, one thoufand feven hundred and eighty-nine, as refpefts the faid town of
Augufta, is deemed incompatible with the intereft and wifhes of the inhabitants
thereof: Be it therefore enabled. That fo much of the before recited aft as refpefts
the faid town of Augufta be, and the fame is hereby repealed; and it fhall be the
duty of the mayor and aldermen now in office under the faid aft, and they are here-
by required to adjuft, and within fix months from and after the paffing of this aft,
fondsthereof"* to fettle and clofe the books and accounts of the corporation, and to depofit
w;?htdhcpcom-d the fame, together with the funds thereof, with the commiffioners of the court-houfe
K»urti°oufe and jail to be appointed for the county of Richmond, who fhall hold fuch property,
sendjau. reaj an(| perfona}9 as may have been acquired by the faid corporation, in truft for
and to the ufe of the faid town of Augufta and inhabitants thereof: Provided, That
nothing herein contained fhall prevent the colleflion of the corporation tax already
levied, which fums fhall be depofited with the commiffioners aforefaid.
Gommiss>one?s 5- ^ad be it farther enaBed, That Ambrofe Gordon, Andrew Innis and James
appointed. Toole, he, and they are hereby conftituted and appointed commiffioners of the court-
houfe and jail for the county of Richmond, and inverted with all the funds hereto-
fore appropriated to the ufe of the faid court-houfe and jail, which now remain un-
applied; and the faid commiffioners are fully authorized and empowered to apply
fo much of the aforefaid funds, either real or perfonal, as they may deem neceffary
towards the building and keeping in repair the faid court-houfe and jail.
THOMAS NAPIER, Speaker of the Honfe of Reprefentatives*
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
January 7th, 1795.
An aBto extend the authority of the mayor and aldermen of the city of Savannah, to have.
jurifdiBion of civil caufes to a certain amount.
yreambte. T 71 7"HEREAS it would greatly promote the welfare and advantage of the city of
V V Savannah, and the inhabitants, to grant to the corporation thereof the power
of holding courts for the trial of caufes to a certain fixed amount,
jumdiaitm 1. Be it therefore enaBed by the Senate and Houfe of Reprefentalives of the fate of
Georgia in General Affembly met, That it fhall be lawful for the mayor and aldermen of
to the trial6of the city of Savannah, and they are empowered at any time after the paffing of this
civil cafes of '. . , ' . 1 l • r 1 rr
acerum act, to hold courts once in every month throughout the year, to appoint luch om-
cers as they may deem neceffary, and to fettle and allow reafonable fees not exceeding
cokl'okations-and town regulations.
!2 5
one halt the fees allowed for like fervices in the inferior courts in fuits cognizable
therein : and to have jurifdi&ion of, and to hear and determine all civil caufes, not
involving the right or title to any land or real eflate, arifing within the jurifdi&ion of
the corporation, fo as the demand in fuch fuit or aftion do not exceed fifty dollars ;
and to give judgment and award execution therein, according to law. Provided,
That if any party to a fuit, fhall feel him, her, or themfelves aggrieved by the decifion
of the faid courts, it fhall be lawful for fuch party to enter an appeal within three days
after fuch trial; firft paying all cofts which may have accrued on the faid trial, and
giving fufficient fecurity to abide by and perform the fentence of the court at the
trial of the appeal; and all appeals from the decifion of the faid courts, fhall be tried
on the next court day fucceeding fuch trial, by a jury of feven men, whofeverdift
fhall be final.
2. And be it further enaBed, That the faid mayor and aldermen fhall have power pmvingmd
to draw and impannei jurors for the trial of appeals, who fhall be refident within
their jurifdiftion, and fhall be qualified and liable to ferve on petit juries, to caufe
thern to be fummoned, and to fine them for non-atten'dance or mifcondu£l, in fuch
manner as they think proper, not exceeding ten dollars, and fhall have power to award
execution for fuch fines, and caufe the goods of the perfon incurring fuch fines to be
fold by virtue thereof.
3. And be itfurther enaBed, That the faid mayor and aldermen, or any of them, Mode of pro-
may, on complaint made by any feaman or feamen for non-payment of their wages,ceuiing4'
or by any other perfon for the non-payment of any debt or fum of money, or of any
damage not exceeding fifty dollars as aforefaid, direfled to any conltable of the
city, to fummon or arrefl the defendant, (if required agreeably to law) and to
fummon all witneffes required by either party, to appear at the court of aldermen on
fuch a day as fhall be therein appointed, which fummons, with a true copy of the peti-
tion annexed, fhall be ferved on the defendant ten days before the fitting of. the court.
4. And be it further enaBed, That the court of aldermen or either of them, may
iffue warrants to apprehend perfons.guilty or charged with any crime or breach™usaoap-
of the peace, and after examination may, if neceffary, commit fuch perfon to jail, or
bind him over to appear at the next fuperior court for trial; at which time the pro-
ccedings of the faid court of aldermen, with refpefl to fuch culprit, fhall be laid before
the faid court.
5. And be it further enaBed, That the faid mayor and aldermen fhall, in all judi-
cial proceedings, have reference to, and be governed by the laws of force in this (late,
for regulating the judiciary proceedings thereof : and the faid court of aldermen is de a court of re-
ill r J 1 "1 r rr • 1 • 1 ■ cord and go-
clared to be a court or record, and any perion neceliarily going to, being at, or re-
turning therefrom, fhall be free of arreft, or any civil fuit.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.,
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred, February i8tb, 1796.
JARED IRWIN, Governor.
AnaB to revifeand amend an aB fupplementary to an aBfor regulating the town of Au*
gufa, and amend an aB, entitled " An aB for regulating the town of Savannah and
hamlets thereof, and for other purpofes
i. T3E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate Ele£lion?fa,.
JD of Georgia in General AJfembly met7 That every owner of a lot in the laid
CORPORATIONS AND TOWN REGULATIONS.
city, and every citizen of this flatc, who is an occupier of an houfe, and fhall have re-
fided in the faid city twelve months previous to the day of election of aldermen for the
laid city, {hall convene in fofne place to be appointed and publicly notilicd by the
tfnayor and aldermen now in office, at leaft ten days previous to the day of election,
Within the faid ward in which they refide, or own a lot as aforcfaid, on the firft
Monday in March next, and eleft by ballot one alderman, who (hall be a free holder
proviso. in the faid city, to reprCfent them in the city council thereof. Provided, That no-
houfe or tenement {hall qualify more than one perfon to a vote,
justice Jo? the 2* A be ^ further enabled, That two or more magiftrates of the cOunty of
perintend the Chatham ffiall prefide at and fuperintend the faid eleftion in each ward, and that one
election. or more conftables of the faid county or city ffiall attend, for the purpofe of preferv-
ing order at the faid eleftion.
ri^uiredTopro- 3- And be it further enabled, That if any perfon ffiall offer to .vote, who is not
duceaoertih- jcnown [q prefiding magiftrates to be a citizen of this ftate, and otherwife quali-
fied as aforefaid, he {hall not be allowed to vote, unlefs he ffiall produce a certificate
from fome court of record, properly authenticated, of his being qualified as fuch,
and having taken the oaths of allegiance, in conformity to the afts of this or the
United States.
qualifications 4* And be it further enabled) That no perfon holding any appointment under this
toofficc. ftate, or of the United States, (except juftices of the peace and officers of the mili-
tia) ffiall be eligible to the appointment of an alderman.
To vote. 5. And be it Jurther enabled, That no perfon holding any appointment under the
corporation of the faid city, and for wliich he receives a falary or other compcnfation
for his fervices, fhall be entitled to vote for an alderman during the time for which he
holds his appointment.
"Stheimt1" And ^ farther enacted, That "the aldermen which ffiall be elefted on the firft
ju°?.dayin Monday of March next, as aforefaid, ffiall hold their appointments until the firft
Monday in July, in the year one thoufand {even hundred and ninety-eight, on which
day the perfons qualified to vote as aforefaid, fhall proceed to cleft an alderman for
each wrard, in the manner and under the reftriftions pointed Out in this aft, and fhall
annually thereafter, on the firft Monday in July in every year, eleft an alderman for
each ward as aforefaid, to reprefent them in the city council, agreeable to this aft,
and in no other manner whatever.
vcrtcdlnthp6" 7* And for the better regulating the town of Saint Mary's, in the county of Cam-
ofpTtownof den, Be it farther enabled, That the comlniffioners of the faid town of Saint Mary's
samtMary's ^e, an(^ tpey are jjer€jjy vefted with full power and authority to make fuch bye-laws
and regulations as may be neceffary for the good order and government of the faid
town of Saint Mary's; Provided fuch bye-laws and regulations be not repugnant to
the laws and conftitution of this, and of the United States.
*auS.iI1£ 8. And be it further enabled, That fo much of the aforefaid afts as militate with this
aft be, and the fame are hereby repealed.
^rAu|uttleet 9* And be it further enabled by the authority aforefaid, That the truftees of the town
^yadc unl-of Augufta be, and are hereby authorized and required to make uniform theftreet
called Greene-ftrcet, by reducing the.fame to an uniform and equal wddth, and to
convey by proper deeds of conveyance to the perfons holding lots on the fouth fide
thereof, between Wafliington and Lincoln-ftrcets, the ground lying and being between
the faid lots refpeftively, and a parallel line to be drawn from the corner at the inter-
feftion of Greene and Wafhington-ftreets, to the corner where the faid Greene-ftreet
is interfefted by Lincoln-ftreet on the fouth fide thereof, and to their heirs and afiigps
CORPORATIONS AND TOWN REGULATIONS,
forever, in fee fimplc, in as full and ample a manner, as the other lots in the faid
town have been conveyed; the aforefaid lot holders refpcttivcly, their heirs or affigns,
firft giving bond with goocj and approved feenrity to the faid truftees, payable on or
before the firft day of March, in the year one thoufand feven hundred and ninety-
eight, with intereft from the date thereof, for a fum of money which fhall be equal
to the average amount of the truftees' or commilfioners' fales of the two fquares of
lots, the one laying immediately above and the other below the aforefaid corners, in
proportion to the quantity of ground to be conveyed to each lot holder; and the
money arifing therefrom lhall be, and the fame is hereby appropriated to the ulc
of the academy in the faid town; any thing contained in the original plan of the
town, or any former act relative thereto, notwithftanding.
10 and 11 Sections, relating to Wade Hampton's bridge, repealed by a£t of 1800.
12. And whereas a majority of the whole number of truftees of the academy andacaden^-
town of Augufta, is found by experience to be too numerous a body to manage and
condutt the various branches of bufincfs attached to their appointment, owing to
the frequent abfence and change of refidence of members, for remedy whereof, B$
it enabled) That from and immediately after the palling of this a£f, a majority of the.
truftees, actually being and refiding within the county of Richmond, lhall, and arc
hereby declared to conftitute a board of truftees for the academy and town of Au-
gufta, with full and ample powers to do and tranfacl the bufinefs of the fame, any
law to the contrary thereof notwithftanding.
13. And be it further- enacted by the authority aforefaid, That George Walker, efq. George \v3iker
be, and he is hereby appointed a truftee in the room of Seaborn Jones, efq. who hath trustee.6
rehgned: And that the whole number of truftees for the faid town and academy lhall SKcSJ&V0
not exceed the number now in office.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate,
Concurred February 13, 1797.
JARED IRWIN, Governor.
An abl fuppleynentary to an act, entitled u An act to revife and amend an act fuppleraen,-
tary to an act for regulating the town of Augufta," and to amend an act, entitled " An
act for regulating the town of Savannah and hamlets thereof and for other purp ofes,"
WHEREAS it is required by the afore recited a£l, that two or more magif- preamhw.
trates of the county of Chatham lhall prelide at and fuperintend the eleflions
to be held iq each ward, in the city of Savannah, for aldermen of the faid city, and
the number of magiftrates limited by the prefent conftitution of this ftate may prove
infufficient for holding fuch eleflion without manifeft inconvenience:
1. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate ^Sefns^
Georgia, in General Affembly met, That the mayor and aldermen for the time being
be, and they are hereby empowered and required to appoint managers to prefide at g£lcftion,»
and fuperintend the elections in each ward, for aldermen to reprefent the faid city, at
the times and under the reftri&ions of the aforefaid a£l.
2. And be it further enabled^ That it lhall be the duty of the mayor and aldermen Nu!sances a„d
of the faid city of Savannah, and they are hereby required to remove, or caufe to be ons removed
removed, all buildings, lumber, obftruftions or other nuifances whatfoever, from dro0cksrbhc
the public docks at the ends of the ftreets leading to the river, agreeably to the afts
123
CORPORATIONS AND TOWN REGULATIONS.
of the late province, now ftate of Georgia, in fuch cafes made and provided, within
fix months from and after the palling of this aft: Provided, That nothing herein
contained fhall prevent the faid mayor and aldermen from creeling, at the expence
of the faid city, fuch a head as may be ncccflury, not to extend within thirty feet of
low water mark, for the fecurity of the river, by preventing the fand from being
walhed therein, and Heps thereto for the accommodation of palfengers.
DAVID MERIWETHER,'Speaker of the Houfe of Reprcfentatives.
ROBERT WALTON, Prejident of the Senate,
Affcnted to February 8th, 1799.
JAMES JACKSON, Governor.
An aB for the better regulating of the town of Sunbury.
1. T 71 THERE AS the town of Sunbury requires regulation; Be it enaBed by thl
oVfh^toi'nt" Senate and Houfe of Reprefentatives of the fate of Georgia, in General Af
Suti&cirtKs fcmbly tnet, That on the fecond Monday in January, in the year one thoufand feven
ofvoicw. hundred and ninety-two, and on the fecond Monday in January in every third year
thereafter, the proprietors of lots or houfes in the town of Sunbury, who fhall be of
the age of twenty-one years and upwards, fhall meet at the place of holding courts in
the faid town, and, under the direftion of two or more jultices of the peace for the
county of Liberty, proceed to ballot for five perfons, each of whom fhall be a pro-
prietor of a houfe or lot in the faid town of Sunbury, and fhall alfo be an inhabitant
thereof, and fhall have arrived to the age of twenty-one years, which five perfons
commission- fhall be ftyled commiffioners of the town of Sunbury* And the commiffioners fd
!Tdc?Sc.nt chofen, or a majority of them, fhall meet on the Monday next following, and ap-
point a clerk and fuch other officers as they fhall deeiti neceffiary, to carry this aft
into execution.
makebve-uw?, 2* farther enacted, That the commiffioners fo chofen fhall have full power
v"jnsaudpen- and authority to make fuch bye-laws and regulations, and inflift or impofe fuch pains,
aitics. penalties and forfeitures, as fhall be conducive to the good order and government of
the faid town. Provided fuch bye-laws and regulations be not repugnant to the laws
and conffitution of the flate, or extending to life or member.
to mate as- 3. And be it farther enaBed, That it fhall and may be lawful for the faid commiffiori-
ers, or a majority of them, yearly and every year to make, lay, and affefs, a rate or
afTeflment, upon all and every perfon or perfons who do, or fhall inhabit, hold, ufe,
occupy, poffefs, or enjoy any lot, ground, houfe, building, tenement or heredita-*
ment, within the limits of the town of Sunbury, for raffing fuch fum or fums of mon-
ey, as the faid commiffioners, or a majority of them, fhall judge neeeffary for, and to-
wards carrying this aft into execution > and in cafe of a refufal or negleft to pay fuch
rate oraffeffment the fame fhall be levied and recovered by warrant of diftrefs and fales
of the offender's goods, under the hand and feals of any juflice of the peace for the
county of Liberty.
Arc commis- 4. And be it further enaBed, That the perfons fo chofen to bethe commiffioners of
jjortSfsun- the town of Sunbury, be, and they are hereby appointed to be commiffioners to fu-
ur/" perintend the pilotage of the port of Sunbury ;* and alfohavej and are hereby veiled
* Repealed by ad of I7P7»:
CORPORATIONS AND TOWN REGULATIONS. 129
with the power arid authority of jufticcs, fo far as to keep the peace, and prefcrve £1551?*
good order iri the faidtown.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefcntativesl
foATHAN BROWNSON, Prefideni of tht Senate,
EDWARD TELFAIR, Governor.
December 8) 1791.
An ordinance for empowering commijfwners to fix on a place convenient for 6 feat of
: government, and to ereH public buildings thereon.
,i. TJE IT ORDAINED by the reprefentatives of the freemen of the fate of Georgia CnrmnissioM'iH
'•* JD in General AJfembly met, and by the authority of the fame, That Nathan Brown - fixon aptacc^
fon, William Few and Hugh Lawfon, efqrs. fliall be commiffioned and appointed. poVcnment&
.and they, or a majority of them, are hereby authorized, and empowered, to proceed
and fix 011 a place which they may think moft proper and convenient, for eretling of
public buildings, and eftabliftiing the feat of government and theuniverfity. Provided,
The fame (hall he within twenty miles of Galphin's old town; and the faid commif-
fioners are hereby authorized to appropriate any public lands, or to purchafe, or Author5s!e(1 t<t
otherwife procure, in behalf of the ftate, a tradl of land for that purpofe, which fhall fhSn"nd0"crdi
hot exceed one thoufarid acres, and to lay out a part thereof in lots, ftreets and alleys, i^Lmed
which fliall be known by the name of Louifville ; and after referving a fufficient quan- H™i^rescr-
tity »of land for the ftate-houfe, univerfity, and other public buildings, to fell the re- 'the s'
mainder of the lots, or fo marty as they fliall judge moft conducive to the public in-government
tereft ; and alfo to fell the government-houfe alid lot in the town of Savannah, a°d ™J-eyarW
the money, arifing from the fale of the faid houfe and lot, fliall by them be applied to ^prttoi'tT
the fole purpofe of paying for the aforefaid land, and eredting the faid public buildings : fn5d%d«onanof
and the faid Nathan Brdwnfon, William Few, and Hugh Lawfon, or a majority ofthcltace housc'
them, are hereby veiled with full,power to bargain, fell, and convey the faid govern-
ment-houfe and lot, together with the houfes and lots in Louifville, fo as aforefaid to
be laid out, with the appurtenances;, and to take bonds in their own names, and to their
fuccelfors in office, and, on receiving full payment, to convey to the purchafer or
purchafers thereof, and make a fufficient title in fee Ample to the fame, which fliall be. shaii make tt-
held and confidered as good and valid in law or equity. txnotheion.
2. And be it further ordained, That the faid commiffioriers fliall, before they enter
on the bufinefs aforefaid, give bond aridfeciirity to his honor the governor, for the tekeUloath'
due performance thereof in the penalty of fix #oufand pounds, and fliall, before him
take the following oath. 44 I, A. B. appointed a comniiflioner to fix on a place mofi Formt'ie««
convenient for a feat of government, and for eredting buildings thereon, do folemnly
fwear, that I will faithfully difcharge the duties required of me by law, to the beft of my
Ikill and judgment, for the intereft of this ftate, and the convenience of the inhabitants
thereof. So help me, God." And the faid commiffibners fhall receive compenfa-
tion for their expences while on adlual fervice, Provided , the fame does not exceed
two dollars each per day.
4. 3. And be it ordained by the authority aforefaid^ That the place of the meeting of APdr,.ff.^.
the legiflature, the refidence of the governor, the fecretary> treafurer, furvevor ge-
R' *
130 CORPORATIONS AND TOWN REGULATIONS.
Joraur?seat^f" rieral and auditor fhallbe at Augufta, until the ftate-houfe and other public buildings
sovwwBJciit, ljhall be erefted; and the next meeting of the legiflature thereafter fhall be at LouiL
ville.
WILLIAM GIBBONS, Speaker.
Augufta, January 26, 1786.
An aB for the better regulating the town of Louifuille.
co^m^ioneM WHEREAS the town of Louifville requires regulation; Be it therefore enable
appointed. V V ed by the Senate and Houfe of Reprefentatives of the fate of Georgia in Ge-
neral Affembly met, and by the authority of the fame, That the following perfons, to
wit, Dr. John Powell, John Berrien, Chefley Bolt wick, John Shelman and Mi-
chael Shelman, efqrs. be, and they are hereby appointed commiffioners of the town
of Louifville, and that they, or a majority of them, fhall, immediately after the
palling of this aft, convene, and proceed to the appointment of a clerk and fuch
other officers as they may deem neceffary to carry this aft into execution.
Ti*frj>«wers. 2. And be it further enaBed, That the faid commiffioners ffiall have, and they arc
hereby veiled with full power and authority to make fuch bye-taws and regulations,
and inflift or impofe fuch pains, penalties and forfeitures, as ffiall be conducive to the
good order and government of the faid town of Louifville: Provided, That fuch
bye-laws and regulations be not repugnant to the laws and conflitution of the ftate,
and that the pains, penalties and forfeitures aforefaid, ffiall not extend to life or
member.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejidcnt of the Senate.
Affented to January 31, 1798.
JAMES JACKSON, Governor.
An act to confirm and make valid all titles to certain lots fold by the commiffioners of the
town of Louifville.
1. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the [late of
JL3 Georgia, in General Affembly met, and it is hereby enabled by the authority of the
• fame, That in all cafes where lots have been fold by any former commiffioners of the
town of Louifville, and titles have npt been made and executed, it ffiall and may be
lawful, and the commiffioners herein after named, or a majority of them, are veiled
-SecwcuTed* power and authority to makfe and execute titles in fee fimple, to fuch pur-
chafers, or their legal reprefentatives, for the lot or lots in fuch fituation.
Three commh- 2. Be it further enaBed, That Michael Shelman, Zachariah Lamar and Daniel
Sturges be, and they are hereby appointed commiffioners of the town of Louifville,
veiled with full power and authority to carry this aft into full effeft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to February 15, 1799.
JAMES JACKSON, Governor.
CORPORATIONS AND TOWN REGULATION?.,
jin act to tflablijh the town of V/rightJborough in the county of Columbia, and to fcourt
the inhabitants {hereof in their right^to certain lands appropriated for their benefit.
I. T5 E IT ENACT ED by the ScnaWknd Houfe of Representatives of the fate of Geor- Towu
JLJ gia in General AJfemhly mett, and by the authority of the fame, That all that trad Sn-
or parcel df land, containing one thoufand acres, which was ordered to be furveyed
by the governor and council, on the feventh day of February, one thoufand fevencomirtnod
hundred and fixty-nine, fituate, lying and being in the then parilh of St. Paul, now
county of Columbia, fliall be, and the fame is hereby let apart for public purpofes,
agreeably to the true intention and meaning of the aforefaid order; and the faid one
thoufand acres of land fliall in future be held, deemed and conlidered as the town
and commons of Wrightlborough, any law to the contrary notwiihftanding.
2. And be it further enaBed by the authority aforefaid, That the commiffioners
the town and common of Wrightlborough fhall be, and they are hereby authorized layoff one hun-
and empowered to lay out* agreeably to the original plan of the faid town, one «rcsTntoiot».
hundred and fifty acres of land into lots and ftreets, including the lots and ftreets al-
ready laid out, and from time to time thereafter, expofe the whole, or any part of the Andexr0ie
faid lots of land to public fale, firft giving twenty days public notice of fuch their in " sale uporftsvea-
I6ntion. Provided neverthelefs, they the faid commiffioners fliall not be authorized ^ ^ *oticc'
to fell, or otherwife difpofe of fuch lot, or lots of land in the faid town, that have at
any time heretofore been difpofed of, agreeably to the true intent and meaning of the
aforefaid order, and they the faid commiffioners fliall be, and they are hereby authori-
zed and empowered to convey unto any perfon or perfons, who may or fhall pur- An{J
chafe4 any lot or lots of land in the town of Wrightlborough in purfuance of this ad,
or title in fee fimple for the fame.
3. And be it further enaBed by the authority aforefaid, That the commiffioners in ^
purfuance of this ad fliall be, and they are hereby authorized and empowered to difpofe fc°™?*ve
of the whole, or any part of the remaining unappropriated eight hundred and fifty acresyea"'
of land, to the ufe of a common for, and in behalf of the lot hblders in the town afore-
faid, or by laying out the fame in lots of fuch fize as they may deem proper, not ex-
ceeding fifty acres each, and leafe the fame from time to time, not exceeding five years at
any one time, 011 their giving public notice as aforefaid ; and the faid commiffioners
fhall apply all fuch monies as they may receive in purfuance of this ad, towards ered-
ingand fupporting afeminary of learning in the town of Wrightlborough, and they fliall
from time to time, not lefs than once in two years, deliver unto the grand jury of their Steaming?"'
county, a fair ftatement of the receipts arid expenditures of all monies which they fliall y^uy7tw#
ieceive or expend in purfuance of this ad, and the grand jury of fuch county fliall ex- Jecdptsan^
prefs their approbation or difapprobation, on the conduct of faid commiffioners. bXcdtherci
. 4. And be it further enaBed by the authority aforefaid, That Thomas White, Wil- Kames oft he
liam Smith, jefle Bull, Joel Cloud, and Nathan Jones, fliall be, and they are hereby commi8"onCT<l-
appointed commiffioners of the town and common of Wrightlborough, to continue
in office until the fecond Monday in May, one thoufand eight hundred and one, on n<oS«?P
which day the lot holders, in the town and common of Wrightlborough, fliall aflem-Shaitbeeieaea'
ble in the faid town and eled five fit and difcreet perfons as commiffioners for the faidth™KaI^M^
town ; and they the faid lot holders fhall, on the faid fecond Monday in May in eve-day mMa*'
ry fubfequent term of two years thereafter, in manner and form a aforefaid, eled
commiffioners for the town and common of Wrightlborough.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, PrefiicM of the Senate,
A (Tented to February 16, 1799.
JAMES TACKSON, Gfivernor.
132 CORPORATIONS AND TOWN REGULATIONS.
Ati abl for laying out the rcfcrve land in the town of Augufla into acre lots, the a ebhng
an academy or feminary of learning, and for other purpofes therein mentions".
preamble; "WirT*IIEREAS the legiflature, taking into confideration the advantages that mull
vV ncccfTarily reftilt to the Hate from the encouragement ot the town of Augul-
ta, did, in January feffion, one thoufand feven hundred and eighty, pafs an ati for
the laying out the referve of the public land in and near the faid town into acie^lois,
and directed the fame to be fold at public outcry, under fuch rellriclions as weie tnere-
Terms of sale in particularly fet down and mentioned: And whereas the laid lots were laid out and
of^Vin^tbe- fold, but the faid reftriftions not being complied with, the faid fales are become null
sflkiloy're- and void, and the lands are again veiled in the Hate: And whereas the fame reaions
t^,te in!ie contjnue for the encouragement and enlargement of the faid town of Augulla: Be
it therefore enabled by the reprefentatives of the freemen of the fate of Gtorgia, in
General AJfembly met, and it is hereby enabled by and with the authority of the fame,
And commis- That from and immediately after the palling of this a6l, George Walton, Jofeph
HEiiA?" Pannel, Andrew Burnes, William Glafcock and Samuel Jack, cfqrs. who are here-,
s»mc again, by declared and empowered as commiffioners for carrying the fame into execution,
fhall, and they are hereby required to caufe the faid lands referved as aforefaid, to be
again laid out in acre lots, and to proceed to the fale of the fame by public aufction
to the highefl bidder, the faid commiffioners foil giving three months notice of fuch
fale, under fuch rellriclions and terms as are hereafter particularly laid down and
mentioned.
fferandfsaic. 2# And be it further enabled, That the terms on which fuch lots lhall be fold and
difpofed of, lhall be one fourth of the purchafe money calh, one fourth payable in
one year, and the other two fourths payable within three years thereafter, fuch pur-
chafer giving bond and fecurity for payment of principal and the interell from the
date, at the rate of feven per cent, per annum, with proper mortgages of fuch lots
in cafe of failure in payment as aforefaid.
Tninlwo^eari 3* whereas the fettlement of the faid town is a great obje£t with the legiflature:
K^-Mtea in be Be it further enabled, That every fuch purchafer as aforefaid lhall, and he is hereby
required, as apart of the terms aforefaid, within the {pace of two years, to build or
caufe to be built a tenantable brick, Hone or frame houfe, not lefs than fixteen feet
by twenty-four, on fuch lot or lots he may become polfeffed of by fuch fale, and in
default whereof, fuch lot or lots lhall,. and they are hereby declared to revert to and
become again the property of the Hate,
oiifiottew ^nc whereas a feminary of learning is greatly neceffary for the inftru&ion of
church,kad our youth, and ought to be one of the firll obje&s of attention, after the promotion
torfor'pubiic of religion; Be it further enabled, That after the faid commiffioners have referved
one of the firll lots for building a church or houfe of worlhip to the Divine Being,
by whofe bleffing the independence of the United States has been eftablifhed; and
fZfbffha re^erve ten otJier principal lots for public ufes—the monies arifing from fuch
rales> aftcr defraying the charges for building faid church, lhall be, and they are
SSdfeSy hereby veiled in the hands and power of faid commiffioners named as aforefaid, as
of learning trustees for the purpofe of carrying into execution the intentions of this law, and for
erecting an academy or feminary of learning as aforefaid, their heirs and fucceffors
office forever, in truft for the fale ufe of the faid church and academy or feminary.
uSrowfvc'ii.e . 5- be^ it further enacted, That the faid commiffioners, on the fales and rellric-
uc-h'.lndmay tions afoiefaid being complied with, fhall be, and they are hereby authorized and
iatcrcM.at empowered to give titles as amply and fully to fuch purchasers, as trullees aforefaid,
CORPORATIONS AND TOWN REGULATIONS.
.*33
as'the faid ftate poffibly could or might do, and in their name and the name of their
fucceffors in office, to receive fuch monies, both principal and intereft, ariling from
fuch fales, or the loan of any part thereof, and the fame to lend out again at intereft,
or otherwife difpofe.thereof, as the faid commiffioners or a majority, their fucceffors
or a majority of them, lhall think moft advantageous to the fund of the faid chCtrch
and academy, or feminary.
6. And be it further enabled, That the faid commiffioners {hall yearly and everv
year render a juft and true account of the fund of the faid feminary, to his honor count cfthe
the governor and executive council for examination, and if found by them guilty ol <
inabpraftice, fuch offending commiffioner or commiffioners ffiall be difplaced and irj:iK
others appointed for" that purpofe in his or their room.
7. And be it further enabled, That the faid commiffioners ffiall be, and they are
academy, and
hereby authorized and empowered-to erect on one of the faid lots, or purchafe from M?ykgu!£ce!i"
the fales of the fame, fome fpot convenient for that purpofe, a building commodious-1'0"*
and-proper to anfwerthe intentions of this aft, as an academy or feminary as afore-
faid, and to enter into fuch contrafts for erefting the fame, as may be thought moft
advantageous for the faid fund by a majority of the faid commiffioners; and further
to- procure and agree with proper matters an'dprofeffors for the ruling the fame, and to
inftitutefuch bye-laws, for the increaling the faid fund, and better governing the faid
feminary as to the faid commiflioners may appear beft adapted.
8. And be it further enabled by the authority afore faid, That the public ferry at the
town of Augufta, ffiall be under the direftion of the commiffioners aforefaid, fubjefttUreaion-
t@ fuch regulations as are or ffiall be eftablilhed by the legiftature.
- 9. And whereas in and by the faid law paffed at Augufta as aforefaid, a town was
ordered and actually laid out in the county of Wilkes, at a place called Washington, vftlkcscouaty-
under fuch reftriftions as were likewife therein laid down, but the fame was not com-
plied with, and the faid lots are in like manner reverted. Be it further enabled, Commissioners
That Stephen Heard, Micajah Williamfon, Robert Harper, Daniel Coleman and l.iy out and scl3
Zachariah Lamar, efqrs. lhall be, and they are hereby appointed commiffioners for town upon'"Ac
carrying the intentions of the legillature in thatinftance into- execution, and they are
hereby required to caufe to be laid and admeafured out, likewife in the- faid town,
acre lots as aforefaid, to be fold on fuch terms as are herein before contained and laid lSp0u£«ej.
down for the lots in the faid town of Augufta, and to receive fuch monies for fuch
• fales* into their hands, or the hands of their fucceffors in office, and apply the fame
towards a free fchool for the faid county, and to ereft a proper building for the faid
fchool in the faid town, and the overplus, after erefting a church, to be referved and
applied as a fund for the faid fchool, in the hands of the faid commiffioners and their
fucceffors in office forever, as truftees for the fole purpofe of carrying^this law into
execution, they the faid commiffioners to be liable to all and every examination the suhjeatothe
commiffioners for the Augufta academy are by this aft fubjeft to; and in the fame
m;anner the faid commiffioners, or a majority of them, their fucceffors in office, QiTftlTLoilmi
a majority of them, are hereby fully empowered to give full and ample titles on fuch
fales for lots in the town of Waffiington, and the monies and lands in like manner ^u3etl?f
to place out at intereft, as to them fhall likewife appear moft'advantageous; and.pro-
per jhafters to engage for ruling the faid fchool, and bye-laws to inftitute, and con-
trafts to enter into for the building the faid church and fchool.
10. And be-it further enabled, That on the death, negleft or refufalto aft, or fuf-
peftfion of any, all or either of the-faid commiffioners or truftees herein named, others
ffiall be appointed by hi$ honor the governor and executive council, to fill up the va- u,c cseauive-
134
CORPORATIONS AND TOWN REGULATIONS.
cancy; and that fuch fucceflor or fuccelfors fhall be, and he and they hereby is and
are fully invefted with all the powers of his or their predeceffor or predcccfiors in of-
fice, and he or they flaall be liable to all and every the examinations before mentioned
Accounts to be and contained; and that the faid commiflioners and their fucccffors (hall render in
tendered on accoulUs Upon oath, and produce proper vouchers, and fhail be allowed a clerk
allowed, with for keeping the accounts and tranfa&ions of the faid trufteelhip, who fhall be paid
compensation. fuch falary as the faid trulLees may think adequate to this fervice, out of the faid funds.
commNsioner, 11. And be it enabled, by the authority aforefaid, That from and immediately after
caledVayne" Paffiug of this aft, Thomas Lewis, fen. Thomas Lewis, jun. John Duhart, Ed-
BurkeEchounty, ward Telfair and John Jones are hereby declared and empowered as commifnoners
Si'not°«cre£d- f°r carrying into execution the intentions of this aft, for laying out a town on the
dridTotsI'to" referve of public land in the county of Burke, into acre lots, and difpofing of the
buildings!10 fame at public outcry, and the monies arifing therefrom to be applied to the purpofe
of erefting the neceflary buildings in the faid town, to bo known by the name
of Waynefborough; the faid commiifioners not to difpofe of any number that fhall
exceed two hundred lots, fubjeft to fuch reflriftions as herein before contained and
declared for the better regulation of the town of Augufta, in the county of Richmond.
The governor 12. And be it further ena&ed) That his honor the governor and executive council
S£at£s fhall be empowered to grant to the faid truftees for carrying this law into execution,
HeSy°'the anc^ ^or purpofe and intereft of faid academy, fuch traft, or trafts of vacant"
land, they may apply for, not exceeding the quantity of two thoufand acres.
•acresfor tile* *3- And be it further enaBed, That on application of the commiffioners aforena-
ingtoi.atWash* nied for the town of Wafhington, his honor the governor is hereby empowered to
pafs a grant for fuch traft or trafts of vacant land, not exceeding one thoufand acres,
for the fole ufe and purpofe of the faid free fchool in the faid town.
And one thou- 14« dad be it further enabled, That on application of any perfon or perfons duly
SSSSS, authorized by the refpeftive counties, his honor the governor fhall be, and he is here-
Kips?rtfrcc by likewife empowered to grant one thoufand acres of vacant land for erefting free
fchools as in the above town of Wafhington.
Pubucaa. 15. And be it further enaBed, That this aft fhall be apublicaft, and given as fuch
in evidence.
WILLIAM GIBBONS, Speaker.
Augufta, July 31, 1783.
An gU to enable the trufees of the Richmond academy to leafe out the commons of An-
gufa, andfor other pa: pcfes therein mentioned.
pr«mwe. "T^THEREAS the clearing and cultivation of the flat lands fouthward of Auguf-
V V ta will contribute much towards preferving the health of the inhabitants, as
well as add to the fupplies of the town.
And whereas it is reprefented that the faid inhabitants are generally defirous that the
Tzmtew of commons fhould be leafed, Be it therefore enaBed by the Reprefentatives of the freemen
of the fate of Georgia in General Affembly met, and it is hereby enaBed by the authority
AifgiSKSve °f ^ie fame> That from and immediately after the palling of this aft, it (ball and may
Iawful for the truftees of the Richmond academy, to leafe out any part, or the
whole of the faid commons, in lots not exceeding five acres for any term not exceeding
feven years, the rent of which to be confidered as part of the fundi of the faid academy.
CORPORATIONS AND TOWN REGULATIONS,
135
2. And be it further enabled, That the faid truftees (hall be alfo empowered to lay sell tots At the
out and fell the public land on the lower part of the town, in lots of any fize lefs than theetowndof
an acre, upon fuch credit as they may deem proper; as well as another row of lots on Andawwof
the common tothefouth of, and adjoining the fame; and that the fales of lots here- <£™™tnht0
tofore made, of more or lefs, than an acre, be confirmed. And the faid truftees are Andtoselllflts
hereby dire6ted to proceed to fell again, all fuch lots as {hall not be complied for, JKedt0
agreeable to an aft of affembly, within twelve months from the pafling of this, and
the exprefs terms of fale.
3. And be it further enabled by the authority afore faid, That the faid board (hall have to makers
U , r » n 1 r 1 • 1 same regl,la-
power to carry into execution m the town of Augufta, the lame regulations and
powers as the commiftioners of the town of Savannah, may lawfully do there, and
that two members be added to the board of truftees for faid academy. Smake
• WILLIAM GIBBONS, Speaker.
Augufta, Auguft 14, 1786.
An abl to authorize the trufiees of the town of Augufia to makeuniform the Broad-fir eet
of the fame, and to give relief to certain lot holders therein; and alfo empower
the faid trufiees to appropriate one of the public lots for the ufe of a meetmg-houfe or
houfe of worfhip in the faid town, and for other purpofes,
1. "T "K THEREAS it is reprefented to this General Affembly, that the lot holders °fpreambk
V V the north fide of Broad-ftreet, in the aforefaid town of Augufta, iituate
in that part of the town lying being Wafhing'ton and Lincoln ftreets, fuffer great
inconvenience from the extraordinary width of the faid Broad-ftreet, the fame being
fixty-four feet wider there than above and below them: for remedy whereof, Be it
enabled by the Senate and Houfe of Reprefentatives of the fiate of Georgia in Gene-
ral Affembly met, That the truftees of the faid town of Augufta ^>e, and they are Broad-street in
hereby authorized and required to make uniform the aforefaid Broad-ftreet, by redu-fi8uaaifoS.
cing the fame to equal width, and to convey by proper deeds of conveyance to the
perfons holding lots between Wafhington and Lincoln ftreets, and on the north fide
of Broad-ftreet as aforefaid, the ground lying and being between the faid lots refpec-
tively, and a parallel line to be drawn from the corner at the interfeftion of Broad
and Wafhington ftreets, to the corner where the faid Broad-ftreet is interfefted by
Lincoln-ftreet on the north fide thereof, and to their heirs and afligns forever, in fee
fiftnple, in as full and ample a manner as the other lots in the faid town have been
conveyed, the aforefaid lot holders refpeftively, their heirs or affigns, firft giving
bond with good fecurity to the faid truftees, payable on or before the firft day of
March, one thoufand feven hundred and ninety-feven, with intereft from the date
thereof, for a fum of money which {hall be equal to the average amount of the com-
miffioners' fales of the two fquares of lots, the one lying immediately above and the
•other below the aforefaid corners, in proportion to the quantity of ground to be con-
yeyed to each lot holder, and the money arifing therefrom {hall be, and the fame is
hereby appropriated to the ufe of the court-houle and jail in the faid town.
2. Whereas by an aft of the General Affembly, entitled " An aft for the more
fpeedy and effeftual fettling and {Lengthening this ftate," it is enacted, among other
things, that the commiftioners of the town of Augufta, or any three of them, {hall
135
CORPORATIONS AND TOWN REGULATIONS.
referve two of the bed lots in the centre line of the faid town, and didant from each
other, for houfes of public worfhip : And whereas the fame hath not been carried
fully into effefl, and inafmuch as the free and uncontroled exercife of religious wor-
lhip is among one of the greatcd bleffings which a free people can enjoy: Be it there-
fore further enabled by the authority aforefaid, That the trudees of the aforefaid town
oMe lotapro- of Auguda be, and they are hereby authorized and required to appropriate orte of
£ou«offJubiic the public lots within the faid town, to contain at lead one acre of ground, and to
worship. ptuatec[ as conveniently as may be to the inhabitants thereof, for ahoufe of pub-
lie worfliip to the Divine Being, by whofc bledingthe independence of the United
Toiieconvey- States has been edablifhed; and that the faidtrudees do, by proper deed of convey-
perib'^tiiercin a nee, convey unto Cornelius Dyfart, Samuel Jack, Dennis Smelt, Ifaac Herbert,
.umea. James Pearre, John Springer and Mofes Waddel^ and their fucceffors forever, the
aforefaid lotof ground for thefole ufe of the aforefaid inditution.
incorporated. jng be it further enabled, That the faid Cornelius Dyfart, Samuel Jack, Den-
nis Smelt, Ifaac Herbert, James Pearre, John Springer and Mofes Waddel, fhall
be, and they are hereby declared to be a body corporate, by the name and dyle of
" The trudees of the Auguda Meeting-Houfe,'* to have and to ufe a common feal,
with power to fue or be fued, plead or be impleaded, and may acquire, have, hold and
enjoy real and pcrfonal property, for the ufe and benefit of the aforefaid corporation.
1" icancies how A < id be it further enabled, That all vacancies which may happen in the faid cor-
poration by death, refignation or otherwife, in the recefs of the legidature, fhall and
may be filled up by their own body, until the meeting of the next legijlature thereafter*
Trustees of Au- 5. And whereas the aforefaid town of Auguda, hath lately fudained confiderable
STEinjury by the inundation of an extraordinary flood ;"of water in the Savannah
eve0ap?ers0in river, and which was confiderably. heightened by the diretiion of the current im-
mediately againd the town ; for remedy whereof, Be it enabled by the authority afore-
' faid, That it fhall and may be lawful for the trudees of the aforefaid town of Auguf-
ta, to edablifh a lottery, within eight months from and after the pafdng of this a61, un-
der fuch fcheme, regulations and reftridlions, as the faid trudees may deem mod ex-
pedient, fully to effcfl the end of completing one Or more fufficient pier or piers,
in fuch part or parts of the river as will, in their judgment, mod effedlually di-
vert the current of the fame from off the faid town ; Provided, That fuch piers fhall
not obdrufl the navigation of the faid river*
Thcinas Cum-' 6. And be further enabled, That the executive appointment of Thomas Gumming,
ruentas trus- 'efq. as one of the trudees of the town of Auguda, in the room of John Milton efq.
Additional" refigned, be, and the fame is hereby ratified and confirmed; and that, Abraham
pouinted.a?" Jones, Samuel Jack and Augudus Baldwin, efqs. be and they are hereby added td
the lid of trudees for the faid town of Auguda.
THOMAS STEVENS, Speaker of the Ploufe of .Repreftniatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 18, 1796.
JARED IRWIN,- Governor,
augusta.
An act to incorporatb Auguf a; and improve the public roads in the neighborhood thereof
pftsfoiiiwi: IT Til ERE AS from the extent and population of the town of Auguda, its grow-
Y Y ing importance, both with refpeft to increafe of inhabitants and diffufive
CORPORATIONS AND TOWN REGULATIONS.
C.&ftiftierce, it is indifpetifibly necelfary that many regulations itiould be made, for the
prefervation of peace and good order within the fame. And whereas from the many
weighty and important matters that occupy the attention of the legiflature, at their
general meeting, it has hitherto been found inconvenient, and may hereafter become
more fo* for them to devife, confider, deliberate on, and determine all fuch laws and
regulations, as emergencies or the local circumftances of the faid town may from
time to time require.
1. Be it therefore eM^ted^ That frorft arid Immediately after the paffing of this
&B, all perfons citizens of the United States, and refiding one year Within the faid
town, and having a free-hold or leafe for years* of a lot within the fame or the vil-
lage of Springfield, or between the faid village, and (hall be deemed and they are mco^oMlwl
hereby declared to be, a body politic and corporate; and the faid town lhall hereaf- wdstWcity.
ter be called and known by the name of the 44 Gity of Augufta," and fhail be divided
into the following diftriBs, to wit, all lots fituate below the crofs ftreet, running from
the river Savannah between the market-houfe, and the houfe of Mrs. Fox, to be cab
led and known by diftriB number one, all the lots between the faid ftreet and the crofs
ftreet running from the faid river, between the houfe of Mr. Andrew Innis and the
houfe occupied by Collin Reed and Co. to be called and known by diftriB number
two, and all the lots above that ftreet, including the village of Springfield-, fnall be
called and known by diftriB number three.
2. And be it further enahted, That any three juftices of the peace for the county ofEieaiohasd f
Richmond lhall, within fixty days after the palling of this aB* give ten days public
notice, that two members are to be chofen fof diftriB number one, three members °ty£
for diftriB number two, and two members for diftriB number three, to reprefent them
in city council, whqfe qualification lhall be the fame as that of a member to the Houfe
of Reprelcntatives of the Hate legiflature ; arid that all free white perfons refiding in
each diftriB, being citizens of the United States* and refiding one year within the faid
town, and having a free-hold or leafe for years of a lot therein as aforefaid* lhall be
entitled to vote for members for their refpeBive diftriBs; and they lhall alfo notify the
time and place when and where the eleBion is to be held for each diftriB* and appoint
proper perfons to conduB the fame; and the faid perfons* when the eleBion is clofed,
fhall make a return to the faid juftices of the perfons chofen members of the refpec-
live diftriBs, and the faid juftices lhall give notice to the feveral perfoiis of their ap-
pointments refpeBively, and fummon them to meet together at any time and place,
\vithin three days after their eleBion, fciir the purpofe of taking the oath of office pre-
(cribed by this law, which oath may be adminiftered by any juftice of the peace, or
one warden to another: Provided three be prefent at the time of adminiftering the
fame* and "lhall be in the words following: 44 I, A. B. do folemnly fwear, that iTheirorlu
will, to the utmoft of my power, fupport, advance, proteB and defend the good'
order, peace and welfare of the city of Augufta, and its inhabitants; and I will faith-
fully demean myfelf in the office of intendant (or member of the city council, as the
Cafe may be) for the faid city, according to the bye-laws and regulations thereof, to
the beft of mv Ikill and judgment: I do Iwear, that I will fupport the conftitution of ,
this ftate : I do alfo fwear that I will fupport the conftitution of the United States."
3. And be it further *naBed\ That when five or more of the faid members fhall
have met and qualified as afore faid, they lhall* within three days after fuch their qua- intendant.
bfication, give five days public notice, that an intendant of the city is to be chofen
by the members of the city council-, either from among their own body, or the citi-
138
CORPORATIONS AND TOWN REGULATIONS*.
zens of the fa id. town poffeffmgthe qualification#, of a member as aforefaicl ; 3nd at
the time mentioned in fuch notice, the faid members fhall meet at the court-houfe in
the faid city, and vote for fuch intendant. And when fiich intendant fliall.be. chofcu
he fliall take the oath above inferted, in the prefence of any two or more of the memr
bers, after, which he may qualify fuch members as were not before qtialified, and if
any member fhould be chofen intendant, he together with the members, fliall AH up
?-ca:Kies. fuch vacancy until the next annual eleflion. And the faid intendant fliall and may,
as often as oecafion may require, fummon the members to meet together, in city cqun-
cil, any five of whom, with the intendant, fliall be known by the name of, and tfley
JmvT'-cu2 are hereby declared to be, " The City Council of Augufta." And they and their fuc-
ceflbrs hereafter to be appointed fhall have a common feal, and fliall be capable in
law to purchafe, have, hold, receive, enjoy, poffefs and retain, to them and their
fucQeffors in oflice, for the ufe of the city of Augufta, in perpetuity, or for any term
of years, any eftate or eftates, real or perfonal meffuage, lands, tenements or here-
ditaments of what kind or nature foever, within the limits of the faid city, and tof fell,
alien, exchange or leafe the fame, or any part thereof, as they fliall think proper;
and by the fame name to fue and be fued, implead and be impleaded, anfwer and fte
anfwered unto, in any court of law or equity in this (late ; and they fhalialfo be veftr-
ed with full power and authority, from time, to time, under their common feaj, tp
make andeftablifli fuch bye-laws, rules and ordinances refpehling the ha:rbor, ftreets:,
public buildings, work-houfes, markets, wharfs, public houfes, carriages, waggons,
carts, drays, pumps, buckets, fire-engines, the care of the poor, the regulation of
dif orderly people, negroes, and in general every other bye-law or regulation that fhaJll
appear to them requifite and neceffary for the fecurity, welfare and convenience pf the
faid city, or for preferving peace, order and good government within the farpe; ppd
the faid city council fhall alio be vefted with full power and authority to make fuch
afielfments on the inhabitants of Augufta, or thofe who hold taxable property within
the fame, for the fafety, benefit, convenience and advantage of the faid city., as fhaft
appear to them expedient; and to affix and levy fines for all offences committed againft
rier\a?nd other- e bye-laws of the laid city; and they are hereby alfo authorized to appoint a clerk,
^cers^fixtreafhrer, harbor mafter, fire mafter, marfhal, conftables, and all fuch other officers
ana fees. (affixing the falaries and fees of fuch officers refpeflively) as fliall appear to them re-
quifite and neceffary, for carrying into effe&ual execution all the bye-laws, rules and
ordinances they may make, for the good order and government of the faid city and
B«Ytobe re-6 ^ perfons rcfiding therein : Provided, That nothing herein contained fhall authorize
B",ved- the city council to remove or alter the place for the public market-houfe within the faid
city, but the one now eftablifhed may be enlarged or extended, as the convenienceof
the citizens may from time to time require; nor fhall they make any bye-laws repug-
nant to the conftitution or laws of the land: And provided aljo, That the bye-lawsfl
rules and ordinances, they make fliall at all times be fubje£f to therevifal, alteration or
repeal of the legiflature.
the'eouYdf 4* And be it farther enabled, That the faid members of the city council fliall each
JiirtiSSfthe lkem have full power and authority, and they are hereby required to keep peace
peace- and good order within their refpeflive diftri£fs; to iffue warrants, and caufe all oft
fenders againft law to be brought before them, and on examination either to relpafe,
admit to bail, if the offence be bailable, or commit to the cuftody of the fheriff of
.Richmond, who is hereby required and commanded to receive the fame; and the fam^
to keep in fafe cuftqdy until difcharged by due courfe of law. And each, and every
of the faid wardens for the time being, fhall be vefted with all the powers and author-
C&RRi&RATlONS AN© TOWN REGULATIONS.
hit's, that juftices of the peace are ve'fted with by the laws of this ftate, and ffiali and
ffiay exercife the Fame in every part of the faid city, For the prefervation oFthe peace
rind good order thereof. On the fecond Monday in April, in the year Feventeen Elca!ot1 of.
htindred arid ninety-nine, and on the Fecond Monday in April, in every year therear-
ler, there fhall be an election For members within each diftrift, as herein beFore de- uTy
fcribed, the place For holding the faid elections, and proper perfons For managing and
crindufting the Fame, to be appointed by the intendant at leaft ten days beFore the Faid
time ; and the 'perfons fo chofen ffiall take the oath of office beFore the intendant for
the time being, or any judge, or juftice of the peace, after which they (hall be Fully
qualified to' aft as members, and fhall within three days thereafter appoint an intendant,
qualified as herein before expreffed ; but after a new eleftion of members, none of
the former members fhall aft or Fit as members of the city council, unlefs they ffiali
have been re-elefted; and the perfon fo appointed, or chofen intendant fhall take the
Oath of office in prefence of two, or more of the members, until which the former in-
teridant fhall continue to aft ; but no perfon fhall be eligible to Ferve as intendant for
more than five years in any term of feven years. In cafe of death of the intendant,
his refignation, refufalto aft, removal from office, or abfence from theftate, the war-tatcndant*
dens Fhall fill up fuch vacancy until the next annual eleftion, and in cafe of vacan-
cy in any of thediftrifts, by death or otherwife, fuch vacancy fhall be filled up by the
intendant and other members until the next annual eleftion. And if any perfon up- ^farf^rlrr7.
ohbeing elefted intendant, ffiali refufe to aft, he fhall forfeit and pay the Fum of thirty J
dollars, for the ufe of the Faid city ; and if any perfon upon being elefted member of^^eafay
ihe city council, ffiali refufe to aft, he ffiali pay for the ufe of the Faid city the Fum ofmember-
"twenty dollars. And in cafe the intendant or any of the members of the city council"dSfintto"
"whilft in office ffiali be guilty of any wilful negleft, mal-praftice, or abufe of office, he, mai-pratucc.
'or they ffiali be fubjeft to endiftment in the fuperior court of the county of Rich-
'ttiond in like manner as j uftices of the peace are bylaw fubjeft ; arid on convriftion
'thereof, he or they ffiali forfeit and pay a Fum not exceeding fifty dollars for the ufe
and benefit of the faid city.
5. A nd be it further enaBed, That it ffiali be the duty of the Faid city council, and undirhhdr5
they ffiali have full power and authority, to keep in repair all public roads leading todire<*l0a'
Augufta, for the extent of three miles leading From faid city ; and may levy a tax for
that purpofe, in fuch manner and'uhder fuch regulations as they may conceive leaft
burthenfome to the citizens, and beft calculated for the general good, convenience and
"welfare of the Faid city and the inhabitants thereof.
DAVID MERIWETHER, Speaker of the Hovfe of Rtprefcntative.it
DAVID EMANUEL, Prejident of the Senate.,
Aftented to January 31, 1798.
JAMES JACKSON, Governor.
An aB to extend and enlarge the jurifdiBion of the mayor and aldermen of the city of Sa-
vannah, and to limit and defnc certainpowers heretofore vefed in the corporation of
ihe city of Auguf a.
1. "O E IT EN ACTED, That from and immediately after the paffing of this aft, g?J^00nf°*
JD the court of the mayor and aldermen of the city Of Savannah ffiali be, and™^£<*
they are hereby vefted with full power and authority, to hear and determine all fuel/ crm<31'
1
CORPORATIONS AND TOWN REGULATIONS.
civil cafes as they have heretofore had cognizance of when the debt, damages, or caufc
of a&ion, fhall not exceed the fum of one hundred, nor be lefs than twenty dollars, in
the fame manner, and under the like rules and regulations, as have heretofore been
ufed and pra&ifed in the faid court of mayor and aldermen within the faid city ; any
former aH, or afls limiting the jurifdifiion of the-faid court to a lefs fum, to the con-
£Sv?thirtJaoi- Vary notwithftanding. Provided always, That in all cafes above thirty dollars, either
mayfieatri-Party may require a trial by a jury of twelve men, which lhall be final, and in future
aiiappeaStobeappeals in the faid court fhall be tried by a jury of twelve men, any thing in any
tried by jury. former to the contrary notwithftanding.
^i«tobe^ 2/ And be it further enabled, That the faid mayor and aldermen fhall have power
ocicd ana sum-to draw and impannel juries for the trial of all caufes, who fhall be refident within their
iiioned, nned . jl j '
J ufidi6di°n, and fhall be qualified, and liable to ferve on petit juries, to caufe them to
^Daw!ngtcn fummoned and to fine them for non-attendance, or other mifconduft, in fuch
manner as they may think proper, not exceeding ten dollars; and fhall have power
to award executions for fuch fines, and caufe the goods of the perfon incurring fuch
fines to be fold in virtue thereof.
Sycomdfe 3# And to limit and define certain powers heretofore vefted in the corporation of the
Augusu,limi- cjj.y 0p Augufta,jBd it enabled by the authority aforefaid, That all monies to be hereafter
^equTuyta-0 raifed by tax within the limits and jurifdifition of the corporation of the city of Augufta,
f°r the purpofe of improving and keeping in repair the public roads, ftreets and bridges
^ny' within the fame, fhall beraifedby equal tax, to be impofeclonperfons and property, that is
to fay, one half at leaft by affeffment on all taxable property within three miles of the
faid city of Augufta, and the remainder on all perfons heretofore liable by law to work
capitationtax on the public roads within the faid limits. But no capitation tax fhall ever be affef-
^edon°ee^ikr fed or levied on the inhabitants of the faid city under the authority of the faid corpo-
*eT¥wr* ration, other than for the purpofes herein expreffed, and in no cafe hereafter, fhall a
fum exceeding one dollar per year be levied on any free perfon within the faid limits.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate.
Affented to December 4, 1799.
JAMES JACKSON, Governor.
An abl for laying off atoTon, to be calledWilliamfburgh, upon the Little Saint Savilla
Bluffs on the river Alatamaha, and for other purpofes therein mentioned.
c®mvAi<«Toncr* l. T)E IT ENACTED the Senate and Houfe of Reprefentatives in General Af
Uy out a town JL> fembly met, and by the authority of the fame, That William Williams, Farr
Emsburghm Williams, John William Lembert, William Cook and Rofwell King, be, and they
ylUu)Unty* are hereby appointed commiffioners to admeafure and lay out a town, to be called
Williamfburgh, upon the Little Saint Savilla Bluff, on the river Alatamaha, in the
county-of Glynn, upon the lands of William and Farr Williams, under the reflric*
lions herein hereafter mentioned,
i.ots to be laid 2- And-be it further enabled. That the quantity of land thus to be laid out for the
s t1, faid town of Williamfburgh fhall not exceed one hundred and' fifty, nor be lefs than
one hundred acres; and that the faid commiffioners, or a majority of them, fhall*
within nine months from the paffing of this a6t, aflually furvey, or caufe to be fur-
veye.d and laid off, the faid town into fuch lots or parcels as to them may feem mo ft
CORPORATIONS-AND TOWN REGULATIONS. 141
conducive to the fpeedy fettlement, improvement and population thereof, and tranf- cirdedSfthe
mit a copy of the plan of the fame to the furveyor general, to be recorded in his SrSccf1*"
office.
3. And be it further enabled, That in cafe of the death, refignation or refufal O f Vacancies to be
any of the faid commiffioners to a£t, his excellency the governor Ihall, and he is1
hereby authorized and empowered to appoint fome other lit and proper perfon or
perfons in his or their room.
4. And whereas in and by an ordinance, entitled " An ordinance fecuring upon
certain conditions to Wade Hampton, efq. his hejrs or affigns the exclufive right to
ereft a bridge over the river Savannah at Augufta, and for other purpofes therein
mentioned," paffed at Augufta the fixth day of December, one thoufand feven hun-
dred and ninety, it was declared that the faid Wade Hampton and James Gunn, efqrs.
fhould be veiled with the right of ereCling a bridge over the Great Ogechee river, at
or near the place called the Great Ogechee Ferry, in Chatham county, 011 condition
that the fame ffiould be built and ereCled within a certain time therein prefcrihed, but
that the fame has not been erefled, as the place fo propofed was under a leafe, which
is not yet expired.
Be it therefore enacted, That' the time of building and erefting the faid bridge be time
prolonged until the firft day of December, one thoufand feven hundred and ninety-
four, under the reftriHions of the aforefaid ordinance. - overdGrMtsc
5. And be it further enabled by the authority aforefaid, That Jonathan Afhbury
and William Moore, be appointed commiffioners for improving the navigation ol'tmrnvcihe
Brier Creek, in the room and ftead of Francis Parris and Alexander Carter, who Briev Crecli.
have neglected to aft.
WILLI AM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 17th, 1792.
EDWARD TELFAIR, Governor.
An act to difpofe of the common of the town of Wafhington in the county of Wilkes.
WHEREAS by an aft entitled " An aft for laying out the referved land in the PreamW#.
town of Augufta into acre lots, and the erefting an academy or feminary of
learning, and for other purpofes therein mentioned," paffed the thirty firft day of
Auguft, one thoufand feven hundred and eighty-three, among other things com-
miffioners 'were appointed to lay off and difpofe of the lands or lots of the town of
Wafhington, in manner and form, as by the faid ad particularly directed. And
whereas\he faid commiffioners did in purfuance of the faid atl, difpofe of faid lots, and
take certain fteps towards building an academy, and did employ profeffors and teach-
ers for the inftruflion of youth in the faid academy, whereby confiderable fums are
by theffaid commiffioners, owing to individuals, which they in juftice and good faith
w'ifh to pay. And whereas a certain quantity of faid land, or lots was by the
faid commiffioners referved as a common to the faid town of Wafhington, the
timber whereof is already con fumed; nor is the faid common of any ufe to the lot hold-
ers in faid town. Be it, therefore enabled by the Senate and Houfe of Reprefentatives in Ge-
neral AJfembly mef and by tht authority of the famet That it fhall and may be lawful, and
CORPORATIONS.
is tlie duty of the comniiflioners of the faid academy in the faid town of Waffiingfou,
'they or their fucceffors in office, to admcafure, lay off, Fell, and dilpofeof the laid re-
ferve or common in the lame manner, the lots in the laid town of Waldington were
difpofed of, by the above recited ad, excepting the improvements required by faid
hfcl, and the faid commiffioners, or their fuccelfors, are hereby authorized to cxe^
And make cute deeds, or titles to the faid lots in fee fimple, to the refpcBive purchafers in as full
iSvuo. and ample a manner as the flate does, or can do; Provided, That no title fhall be made
to any lot by this a6t to be fold, before good and fufficient fecurity be taken for the
purchafe money, and on failure of taking fuch fecurity the commiffioners executing
fuch titles, their heirs, executors or adininiflrators, {hall be liable to any creditor for
the purchafe money with lawful interest to be recovered for the ufe of faid academy.
WILLIAM GIBBONS, Speaker of the Houfc of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, December 14, 1793.
GEORGE MATHEWS, Governor.
CORPORATIONS.
An act for incorporating the Union Society in Savannah.
p»ambie. i ."T JL 7 H ERE AS William Stevens, prefident, Leonard Cecil, vice-prefident, David
V V Montaigut, fecretary, James Bullock and George B. Spencer, flewards;
Mordecai Sheftall, Oliver Bowen, John Morell, Peter Deveaux, James Haberf-
ham, Jofeph Haberfham, Jofeph Clay, Frederick Herb, John Richards, Benjamin
Lloyd, James Fields, John Wauden, John Milledge, Samuel Stirk, Raymond De-
merie, and George Handley, have by their petition reprefented, that they are mem-
bers of the Union Society, in the town of Savannah in this flate, and that the faid
fociety has eflablifhed a fund, which is increafing, for the relief of diflreffed widows,
and the fchooling and maintaining poor children, many of whom have, and others
are at prefent receiving affiflance from the faid fociety, and therefore pray to be in-
corporated. And as the allegations in the faid petition are verified: Therefore, for
Promoting and encouraging focieties founded on benevolent principles, Be it enacted
corporated. ly tfo reprefentatives of the freemen of the fate of Georgia in General Affembly met,
and by the authority of the fame, That the feveral pcrfons above named, and others
who now are, or fhall hereafter be members of the Union Society in Savannah, re-
fpeblively, and the fucceffors, officers and members of the fame, fhall be, and they
are hereby declared to be a body corporate, in deed and in name, by the name and
flyle of " The Prefident and Vice-Prefident of the Union Society in Savannah;"
and by the faid name fhall have perpetual fucceffion of officers and members, and a
common feal to ufe, with power to make, alter, change and amend fuch bye-laws
and regulations as may be agreed on by the members of the faid fociety: Provided
fuch laws be not repugnant to the conflitution and laws of this flate; and that they
have privilege to fue for and recover all monies that now are or may be due the faid
Union Society, by any name, or in any manner of wife howfoever, and the rights
and privileges of the faid fociety in any court to defend and to receive, take and
apply all or any donatipns for the ufes intended by the faid fociety, and {hall and here-
CORPORATIONS. i
by declared- to be vefted with all the privileges, powers and advantages, rights and
i^iBuunities of a fOQiety of people incorporated for the purpofes intended by their infti-
tution.
2. And be it further enabled. That this aft; fhall be deemed and taken as a public aft PuWca&.
ta art intents and purpofes whatfoever.
WILLIAM, GIBBONS, Speaker.
. Augufta, Auguft 14, 178b.
1,. XTfJTH ERE AS a religious fociety has for many years part been eftablifhed on preamble.
V V the Kioka, in the county of Richmond, called and known by the name of
44 The Anabaptift Church on the Kioka:" And whereas it is neceffary, for the pro-
motion of religion and virtue, that churches or leligious focieties be made capable
of holding, enjoying and defending any property which they may acquire by dona-
tions or otherwife: Beit therefore enabled by the Senate and Houfe of Reprefentatives of the
fate of Georgia in General AJfembly met, and it is hereby enabled by the authority of the
fame, That Abraham Marfhall, William Willingham, Edmund Cartledge, John cjmichonth-
Landers, James Simms, Jofeph Ray and Lewis Gardner, and their fucceffors in of-
fice, (ball be, and they are hereby declared to be a body corporate by the name and
ftyle of 44 The Truflees of the Anabaptift Church on the Kioka."
2;. And be, it further enabled by the authority aforefaid, That the faid Abraham Mar- Their powers,
fhaft, William Willingham, Edmund Cartledge, John Landers, James Simms, Jo-
feph Ray and Lewis Gardner truftees as aforefaid, and their fuccelfors in office, fhall
be inverted with all manner of property, both real and perfonal, all donations, gifts,
grants, hereditaments, privileges and immunities whatfoever, which may belong to
the faid church at the time of paffing this aft, or which may hereafter be made, con-
veyed or transferred to them or to their fucceffors in office: To have and to hold the
fame for the proper ufe, benefit and behoof of the faid church; and alfo that the faid
truftees and their fucceffors in office fhall be, and they are hereby declared to be ca-
pable of fuing and being fued, impleading and being impleaded, and of ufing all ne-
ceffary legal fteps for recovering or defending any property whatever, which the faid
church may hold, claim or demand, and alfo for recovering the rents, fifties and pro-
fits of the fame, or any part or parcel thereof.
3. And be it further enabled by the authority aforefaid, That the truftees of the faid to hold their
Anabaptift Church, fhall hold their office for the term of three years; and on the third }«Xe-
Saturday of November in every third year after the paffing of this aft, the fupporters
ofthegofpel in faid church, fhall convene at the meeting-houfe of faid church, and ^ church,
there between the hours of ten and four, eleft: from among the fupporters of the gofpel
in faid church, (even difcreet perfons as truftees, who fhall hold their office for three
years as aforefaid, with the fame powers, and for the fame purpofes as above
declared.
SEABORN JONES, Speaker of the Hoife of Reprefentatives,
NATHAN . BROWNSON, Prefident of th$ Senate.
■ EDWARD TELFAIR, Governor. :
.December 23d: ±789.
CORPORATIONS.
An actio incorporate the Epifcopal Church in Savannah, called Glirijl Church ; and the
Independent Congregational Church or meeting-houfe, at Midway in Liberty County j and
to authorize the governor to grant charters of incorporation to other religious fodettes.
p«.imbie. T "1 THEREAS it is neceffary for the promotion of religion and virtue* that chur*;
■V V ches or religious focieties, be made capable of holdings enjoying or defend-
ing, any property that they may have, or may acquire by gifts, grants or otherwife i
And as Chrill Church in Savannah, has long fince been eftablifhed ; and a religious
fociety at Midway, denominated " The Independent Congregational Society," havd
likewife long fince had a church or meeting-houfe there \ Be it therefore enabled by the
Senate and Houfe of Reprefeniatives of. the fate of Georgia in General Ajfembly mk^
Sfp' espai That Leonard Cecil and John Haberfham, church wardens; and Jofeph Clay, James
clnn»hiic.K. Moffman, James Haberlham, Jofeph Haberfham, George Houfloun, William Ste-
d-!iv.dves- vens» Samuel Stirk, John Houlloun, George Bafil Spencer, and George Jones, and
iTitedE" l^e^r fnccefiors in olhce, fliall be and they are hereby declared to be, a body corpo-
rate, by the name and ftyle of64 The church wardens and veftry men of the Epifcopal
Church in Savannah, called Chrill Church;" and they the faid Leonard Cecil and
John Haberffiani, church wardens ; and Jofeph Clay, James Moffman, James Ha-
berfham, Jofeph Haberlham, George Houlloun, William Stephens, Samuel Stirk,'
John Houlloun, George Baiil Spencer and George Jones, veftry men as aforefaid,
tiieir powers, lh a! 1 be invefted with all manner of property, both real and perfonal, all monies due
or to grow due, donations, gifts, grants, hereditaments, privileges and immunities what-
ever, which may belong to the laid Church, and all monies that have been granted for
rebuilding the laid cliufch, or for building a new church; Or which may hereafter be
given, granted, conveyed or transferred for rebuilding the faid church, or for buikL
ing anew church, in Savannah, or Vffiich may be made or transferred to them, or to
their fuccelfors in office: To have and to hold the fame, for the proper ufe, benefit
dnd behoof of the faid church; and the faid church wardens and veftry men, arid
their fuccelfors in office, fliall be, and they are hereby declared to be, capable of
fuing and being fued, and of ufing all riecelfary legal fteps for recovering and defend-:
ing any property whatever, which the faid church may hold, claim or demand, and'
is herein fecured, of otherwife; arid alfo with power to make all necelfarv regulations
and rules, and to recover in their owri name, Or otherwife, as well the laid monies as
other property, with all rents, iffues and pfofits of the fame, or of any lands, mo-
nies or other eltate belonging thereto, t>r of any paft thereof,
fobcelcfted 1. And be it further enacted, That the faid church wardens and veftry men fhall
Master-Mondays hold their offices until Eafter-Monday next; and on that day, and on every other Eafo
g^ofthCm ter-Monday annually thereafter, the members and fupporters of the gofpel iri faid
church fliall convene at the church aforefaid, arid there, between the hours of ten
and two o'clock, eleCl from atliong the members and fupporters of the gofpel in
the faid church, two difcreet perfons as church wardens, and feven other difcreet per-'
fons as veftry men for the faid church, who fhall be, and is, and are hereby declared to
be veiled with all neeeffary powers to carry the purpofes intended by this a£t fully in-
to effe£t.
^ -tioftai 3* ^n^ ^e ^tfur^her enabled by the authority aforefaid, That Samuel Saltus, Gide-'
iiiwah?ncor- on ftowf"e» J°hn Elliot, William Quarterman and Peter Wynn, and their fucceffors
hien^ppoint-^ *n °ffice5 fhall' be, and they are hereby declared to be, a body corporate, by the name .
iA- and ftyle of " The Se!e£l Men of the Congregational Church or meeting-houfe at Mid-
way:" and they the faid Samuel Saltus, Gideon Dowfe, John Elliot, William Quarter-
CORPORATIONS.
145
man and Peter Wynn, fele& men as afore faid, fliall be inverted wkh ail manner of pro - Thcsrpowen.
perty, both real and perfonal; all monies due or to grow due, gifts, grains, hercdita-
ments, privileges and immunities whatfoever, which may belong to the faid Independent
Congregational Church, meeting-houfe, or religious fociety under the faid denomina-
tion, together with all monies, that have been granted for rebuilding the faid church
or meeting-houfe, or for building a new church or meeting-houfe at Midway, 01* any
place in Liberty county aforefaid; or which may hereafter be made or transferred
to them the faid fele£l men, or their fuccelforsinofn.ee: To have and to hold
the fame for the proper ufe, benefit and behoof of the faid Independent Congregation-
al Church or meeting-houfe : And the faid feledl men, and their fuccelfors in office,
fliall be, and they are hereby declared to be capable of fuing and being fued, and of
ufing all necelfary legal Heps for recovering and defending any property whatever,
which the laid church or meeting-houfe may hold, claim or demand, and is hereby fe-
cured or otherwife-; and alfo with power to make all necelfary regulations, and to
recover in their own name or otherwife, as well the faid money as other property,
with all rents, ilfues and profits of the fame, or of any lands, houfes, or other citate
belonging thereto, or any part thereof.
. 4. And he it further enaffied, That the faid felecl men fliall hold their offices until tc be
the fecond Wednefday in March next, and on that day, and every fecond Wednefday ^ond\vca-x
in March annually thereafter, the members and fupporters of the gofpel in the faid
church or meeting-houfe, fliall convene therein, and there, between the hours of ten dlurcl!< -
and two o'clock elefl from among the members and fupporters of the gofpel in the
faid church or meeting-houfe, five fit and difcreet perfons as feleft men, who fliall be,
and is, and are hereby declared to be veiled with all necelfary powers, to carry the
purpofes intended by this a£l fully into effefl.
. 5. And be it further enabled^ That it fliall and may be lawful, to and for his excel- The *«««»««
lency the governor, at any time or times hereafter, on application in writing, of any chattel*of i*-
religious fociety, belonging to any church or place of worlhip, now erefited, or that gg'ous sod-
may be erefted hereafter, to grant under his hand and the great feal of the ft ate, ufual
and cuftomary charters of incorporation, to fuch members of the faid churches or
places of worlhip, and to authorize fuch bodies corporate or politic, to fue and be
liied ; and to have and to hold all lands and tenements, monies and other goods and
chattels, that already belong to fuch religious focieties, or which may hereafter be
given, granted or bellowed, and the fame to have and receive to the proper ufe and
behoof of fuch churches or places of worlhip, in fuch manner as the members and
fupporters of fuch churches or places of worlhip, lhall point out in their application
for fuch charter, on the principles of this a£l, and with the fame privileges and advan-
tages as are granted, given and fecured to any church or religious fociety incorpora-
ted by this a£L
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prejiclent of the Senate.
EDWARD TELFAIR, Governor.
December 23d, 1789.
An aft to incorporate the Savannah AJfociation of Mechanics.
WHEREAS William Lewden, prefident, David Mofes Vollaton, vice-prefi-
dent, John Peter Lang, fecretary,Balthazer Shaffer, Thomas Palmer, Joh*
146
CORPORATIONS.
Herb, George Gurries, Simon Connor, John GJafs, William Henry Spencer, Jo-
feph Roberts, Paul H. Wilkins, John .Eppinger, Ezra Plummer, Peter Miller,
James Simpfon, John Armour, David Gugle, Daniel Guglc, John Trever, James-
Shaw, Nathaniel Lewis, Michael Afper, Jofeph Dunlap, Gabriel Leaver, Eliffia
Elon, John Cole, John Miller, James Clarke and Benjamin Bennet, have by their
petition reprcfented, that they are mechanics of different trades, refiding in the city
of Savannah; that they are defirous of placing their various crafts on a more fociaL
and relpeftable footing than heretofore, and of eftablifhing, by their united exertions
and contributions, a lading fund for the relief and fupport of fuch of their unfor-
tunate brethren, or their families, as are or may become objefts of charity; and for
thofe purpofes have voluntarily united and formed themfelves into a fociety, undeau
the ftyle and name of 44 The Savannah Aftbciation of Mechanics." And in order
to infure and eftablifh their faid inftitution in a permanent and effeftual manner, fo
that the charitable and beneficial objefts thereof may be executed with fuccefs and
advantage, have prayed the legiflature to grant them an aft of incorporation :
c lition of Me-" 1. Be it therefore. en a Bed by the Senate and Houfe of Reprefentatives of the fate of
I'oratedmcor" Georgia in General AJfembly met, and by the authority thereof That the feveral per-
fons herein before named, and others who are or may become members of the foci-
ety before mentioned, refpeftively, the officers and members thereof, and their fiicf
ceffors, ffiall be, and they are hereby declared to be a body corporate, in name and
deed, by the ftyle and denomination of 44 The prefident and vice-prefident of the
Their powers. Savannah Aftbciation of Mechanics;" and by the faidname and ftyle ffiall have per-
petual fucceffion of officers and members, and a common feal to ufe, and ffiall have
power and authority to make, alter, amend and change fuch bye-laws as may be
agreed on by the members of the fame: Provided fuch bye-laws be not repugnant to
the laws or conftitution of this ftate, or the United States, or to the laws and otdi-
nances of the city of Savannah aforefaid: And provided alfo, that the fociety ffiall
not eonfift of more than feventy-five or lefs than twenty members, who (hall all be
refidents of the faid city of Savannah, and citizens of the United States.
Furtherpow- 2. And be it further enaBed by the authority aforefaid, That they ffiall have fifth
power and authority, under the ftyle and name of 44 The prefident and vice-prefident
of the Savannah Aftbciation of Mechanics," to fue for and recover all fuch fum or
fums of money as now are or may hereafter become due the faid fociety, by any
name or ftyle whatever, in any court of law or at any tribunal having jurifdiftionf
thereof, and the rights and privileges of the faid fociety, in any court or at any tribu-
nal whatever, to defend and alfo to receive, take and aPPty bequefts or dona-
lions as may be made to and for the ufes and purpofes intended by the faid inftitution;
and ffiall be and are hereby declared to be vefted with all the powers and advantages*
privileges and emoluments of an aiTociation or fociety of people incorporated, for
the purpofes and intentions of their faid aftbciation.
public a a. 3. And be it further enaBed, That this aft ffiall be, and is hereby declared to be
deemed and confidered a public aft, to all intents and purpofes whatever.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 16, 1793. -
CORPORATIONS.
An aU..incorporating the Mechanical Society of the towri of Augvfa.
WHEREAS William Longftreet, prefident, John Catlett, vice-prelidcnt, Tho- ^
mas Bray, fecretary, Robert Crefwell, trealurer, and Hugh Magee, William^
Dearmond, Baxter Pool, John Cook, Jofeph Stiles, Angus Martin, John Stiles, Hi-
el Chatfield, Edward Primrofe, Conrad Liverman and liaac Wingate, have by their
petition reprefented, that they are mechanics of different trades, redding in the town of
Augufta, that they are defirous of placing their various crafts on a more focial foot-
ing than heretofore, and of eftablifhing by their united exertions and contributions,
a lading fund for the relief and fupport of fuch of their unfortunate brethren, or their
families as are, or may become objects of charity; and for thofe purpofes have vo-
luntarily united and formed themfelves into a fociety, under the ftyle and name of
u The Auguda Affociation of Mechanics;" and in order to enfureand eftablifh their
faid inditution in a permanent and effectual manner, fo that the charitable and bene-
ficialobjefts thereof may be executed with fuccefs and advantage, have prayed the le-
giflature to grant them an aft of incorporation.
1. Be it therefore enabled by the Senate and Iioufe of Representatives of the fate of
Georgia in General AJfembly met, and by the authority of the fame, That the feveral S5y of'liS-
perfons herein before named, and others who are or may become members of the ted.ncorpom
fociety before mentioned refpeftively, the officers and members thereof, and their fuc-
ceffors, fhall be, and they are hereby declared to be a body corporate, in name and
in deed, by the ftyle and denomination of " The preddent and vice-prefident of the
Augufta Affociation of Mechanicsand by the faid name and ftyle fhall have per-
petual fueceffion of officers and members, and a common feal to ufe; and fliall have Thc:rp°-^-».
full power to make, alter, amend and change fuch bye-laws as may be agreed on by
the members of the fame. Provided fuch bye-laws be not repugnant to the laws or
conftitution of this ftate, or the United States. And provided alp, that the faid fo-
ciety ftiall not conftft of more than feventy-fiVe, or lefs than twenty members, who
lhall be refidents of the faid town of Augufta, and citizens of the United States.
2. And be it further enabled by the authority afore faid, That they fhall have full pow-
er and authority, under the ftyle and name of " The prefident and vice-prefident ofXtdlX?
the Augufta Affociation of Mechanics," to fue for and recover all fuch fum or fumspo,vers-
of money, as now are or hereafter may become due to the faid fociety, by any name,
or ftyle whatever, at any court bf law j or at any tribunal having jurifdiftion thereof;
and the rights and privileges ofthe faid fociety in any court or at any tribunal whatever,
to defend, and alfo to receive, take, and apply bequefts or donations, as may be
made to and for the ufes and purpofes intended by the faid iriftitution; and fliall be, and
are hereby declared to be vefted with all the powers and advantages, privileges and
emoluments of an affociation or fociety of people incorporated for the purpofes and
intentions of their faid affociation.
3. And be it further enabled, That this aft fhall be, and is hereby declareffto bcrubUcad'
deemed and confidered a public aft to all intents and purpofes whatsoever.
THOMAS NAPIER, Speaker of the Houfe of Reprefenbatives„
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS-, Governor.
December 25, 1794.
An abl incorporating the Grand Lodge of the fate of Georgia;
i. T 71 7 HERE AS William Stephens^ grand mafter, James Jackfon, paft grandprcac*::.
V V mafter, William Stith, deputy grand mafter, James Box Young, Senior
2
CORPORATIONS.
grand warden, Edward Lloyd and Balthazer Shaffer, paft grand wardens, Ulrich
Tobler, jun. grand warden, George Jones, paft grand treasurer, James Robertfon,
grand treafurer, David Bridie Mitcheil, paft grand lecretary, and John Blackftock,
grand lecretary, of the Grand Lodge of free mafons in this ftate, have by their peti-
tion ftated, that there has exifted, and ftill exifts in this ftate, divers lodges or focieties
of free mafons on an ancient eftablilhment, lince the year one thoufand feven hun-
dred and thirty-five, over which there is a prefiding or fuperintending Grand Lodge,
compofed of the petitioners as members, and divers others who are or may join in
promoting the good of the craft, founded on the ancient ufages of their fociety, the
principles of which is charity and univerfal benevolence; to the end therefore that
charitable inftitutions may be promoted, and particularly a fociety that has exifted
time immemorial, may be fecured in their rights and privileges,
k>rar.dLodge 1* Be ^ therefore enabled by the Senate and Houfe of Reprefentatives of the flate of
^ceorgiam- Q€0Tgia in General AJfembly met, and by the authority of the fame, That the feveral
perfons herein before named, and others who are or may become members of the
Grand Lodge, and their fucceffors, fhall be, and they are hereby deemed to be a
body corporate and politic, in name and deed, by the ftyle of 44 The Grand Lodge
iiisirpowers. Qeorgia:" and by the faid name and ftyle fhall have perpetual fucceffion of offi-
cers and members, and a common feal to ufe; and fhall have full power to make,
alter, amend and change fuch bye-laws as may be agreed on by the members of the
Proviso. fame: Provided fuch bye-laws be not repugnant to the laws or conftitution of this
ftate or the United States.
Furtherp«w- 2. And be it further enabled by the authority aforefaid, That they fhall have full
power and authority, under the ftyle and name of 44 The Grand Lodge of Georgia,"
to take, hold and enjoy real and perfonal property, to fue for and recover all fuch
fum or fums of money as now are or hereafter may become due to the faid lodge, by
any name or ftyle whatever, at any court of law, or at any tribunal having jurifdic-
tion thereof, and the rights and privileges of the faid lodge, in any court or at any
tribunal whatever, to defend, and alfo to receive, take and apply bequefts or dona-
tions as may be made to and for the ufes and purpofes intended by the faid inftitution;
and fhall be, and are hereby declared to be veiled with all the powers and advanta-
ges, privileges and emoluments of a fociety of people incorporated to the purpofe
and intentions of their laudable inftitution.
Lodges,under 3- And be it further enabled, That all regular conftituted lodges under the power
of tlie Grand and jurifdiUion of the faid Grand Lodge, are hereby declared to be bodies corpo-
pXd!ncor" rate and politic in name and deed, by whatever ftyle or name they may be called
and known in their conftitution, with equal powers to thofe which are hereby given
to the faid Grand Lodge, fo long as the faid lodges remain under the power and ju-
rifdiftion of the faid Grand Lodge, and in all things abide by and conform them-
felves to the refolutions and bye-laws of the fame, and no longer,
pubtitatt. 4. And be it further ena ft ed, That this a£t fhall be, and is hereby declared to be
deemed and confidered a public a£l to all intents and purpofes whatever.
THOMAS NAPIER, Speaker of the Houfe of Reprefontatives»
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 6, 1796.
JARED IRWIN, Governor.
CORPORATIONS.
149
An all for incorporating the Midway and Newport Library Society of Liberty county.
1. T^THEREAS a library fociety has for many years paft been eftablifhed inp,eamblc>
V V Liberty county, and known by the name of 44 The Midway and Newport
Library Society:" Be it therefore enabled by the Senate and Houfe of Reprefentatives
of the fate of Georgia in General Affembly met, and it is hereby enabled by the authority Newport Libra-
of the fame, That Thomas Stevens, Peter Winn and James M'Cullough, and their fuc-
ceffors in office, fhall be, and they are hereby declared to be, a body corporate, by pointed,
the name and ftyle of 44 The Midway and Newport Library Society."
2. And be it further enabled by the authority aforefaid, That the faid Thomas Ste-Their power:-,
vens, Peter Winn and James M'Cullough, as aforefaid, and their fucceffors in office,
{hall be invefted with all manner of property, both real and perfonal, all dona-
tions, gifts, grants, hereditaments, privileges and immunities whatfoever, which may
belong to the faid Midway and Newport Library Society at the time of paffing this
a£l, or which may hereafter be made, conveyed or transferred to them, or their fuc-
ceffors in office, to have and to hold the fame for the proper ufe, benefit and behoof
of the faid fociety.
And alfo, That the faid truftees and their fucceffors in office, fhall be, and they are Further power*
hereby declared to be capable of filing and being fued, impleading and being implead-glven"
ed, and of ufing all neceffary and legal fteps for recovering or defending any property
whatever, which the faid fociety may hold, claim or demand, and alfo for recovering
the rents, iffues, fines and profits of the fame, or any part or parcel thereof.
3. And, be it further enabled by the authority aforefaid, That the truftees of the faid iTomSoffice
Midway and Newport Library Society fhall hold their office for the term of one year, beeKfln-
and that on the firft Wednefday of March in every year after the paffing of this aft,
the members of the faid fociety, fhall convene at the place that may be appointed by
the truftees aforefaid, or their fucceffors in office, and there, between the hours of ten c»ety.
and four, eleft from among the members of the faid fociety, three difcreet and proper
perfons as truftees of the fame, and choofe on the fame day all neceffary officers for the
faid fociety, who fhall hold their office for the term of One year as aforefaid, with the
fame powers and for the fame purpofes as above declared.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, P reft dent of the Senate.
Affented to, February 7, 1799.
JAMES JACKSON, Governor.
An abl to incorporate the Union Library Society of Greene county.
i. THERE AS a library fociety has for a conftderable time been eftablifhed in preamble;
\V faid county, known by the name of 44 The Union Library Society:"
Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate of Georgia Un:onL!brary
in General Ajfembly met, and it is hereby enabled by the authority of the fame, That preene county
Robert Grier, Samuel Harper and Thomas Baldwin, are appointed, and their fuc- trustees ap-
ceffors in office, fhall be, and they are hereby declared to be a body corporate, by
the name and ftyle of 44 The Union Library Society."
2. And be it further enabled by the authority aforefaid, That the faid Robert Grief? Their powers,
Samuel Harper and Thomas Baldwin, as aforefaid, and their fucceffors in office,
fliall be invefted with all manner of property, both real and perfonal, all donations,
gifts, grants, hereditaments, privileges and immunities whatfoever, which may be-
long to the faid Union Library Society at the time of paffing this a£l, or which may
COTTON.
hereafter be made, conveyed or transferred to them or their fucceffors in office: To
have and to hold the fame for the proper ufc, benefit and behoof of the faid fociety:
and alfo that the faid trullees, and their fucceffors in office, {hall be, and they are
hereby declared to be capable of luing and being fued, impleading and being implead-
ed, andufingall necelfary and legal fteps for recovering or defending any property
whatever which the faid fociety may claim or demand; and alio for receiving the
rents, iffues, fines and profits of the fame, or any part or parcel thereof.
Trustee* n> be 3. And be it further enaBed by the authority aforefaid, That the trullees of the faid
fyeonthe"e-al' Union Library Society fhailhold their office for the term of one year; and that on the
erenow 15™ fecond Friday in every year after one thoufand eight hundred and one, the members of
the faid fociety, or a majority thereof, fhall convene at the place that may be appoint-
ed by the trullees aforefaid, or their fucceffors in office, and there, between the hours
of ten and four o'clock, eled from among the members of faid fociety, three difcreet
and proper perfons as trullees of the fame; and choofe on the fame day all neceffary
officers for the faid fociety, who Jhall hold their office for the term of one year as
aforefaid, with the fame powers and for the faid purpofes as above declared.
DAVID MERIWETHER, Speaker of the Houfe of Representatives.
DAVID EMANUEL, Prejident of the Senate.
Affentcd to December lfl, 1800.
JAMES JACKSON, Governor.
COTTON.
An acttd repeal an aB, entitled 44 An aB for the infpeBio7i of cotton "
WHEREAS an tifl paffed on the twenty-firft day of February, in the year of
our Lord one thoufand feven hundred and ninety-fix, entitled 44 An ad for
the infpe&ion of cotton," has been found in its operation not competent to the ob-
jeds propofed, by no means beneficial to the interefl of the flate, and an unneceffary
burthen on the planters of that article 3
^eftionofcot ^ e ^ ena^€d by ^ Senate and Houfe of Rcprefentatives of the fiatc .of Georgia in
ion, repealed. General AJfembly met, and by the authority of the fame± That the before recited ad be$
and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatfves,
DAVID EMANUEL, Prejident of the Senate.
Concurred January 24, 170)7.
JARED IRWIN, Governor.
COUNTIES^ COURT-HOUSES AND JAILS.
#ln aB^for confituting and dividing the feveral difriBs and divifions of this province
into parijhes, and for efablifhing religious woifhip therein, according to the ritel
and ceremonies of the church of England * and alfo for empowering the church war-
dens and veflry Men of the refpcBive par'fhes, to ajjefs rates for the repair bf church-
C5, the relief of the poor, and other parochial fervices.
Division into t T> E IT ENACTED, That the feveral diflrids and divifions of the faid prov-
eightpanshes. jhallj fr0m and after the feventeenth day of March, one thoufand feveii
COUNTIES, COURT-HOUSES AND JAILS.
hujujred and fifty-eight, be divided and conftituted into eight parifhes, that is to fay,
the town and diftrift of Savannah, extending up the river Savannah, including the
iflands therein, as far as the foutheaft boundary of Gofhen, from thence in a foutli-
weft line to the river Great Ogechee, and from the town of Savannah caftward, as far
as the mouth of the river Savannah, including the fea iflands to the mouth of the ri-
ver Great Ogechee, and all the fettlements on the north fide the faid river to the wef-
tern boundaries thereof, fhall be and forever continue a parifh, by the name of "The pa-
ifh of Chrift Church the diftrilftof Abercorn and Gofhen, and the diftricl of Ebenezer, chru-
extending from the northweft boundaries of the parifh of Chrift Church up the river
Savannah, as far as the Beaver Dam, and fouthweft as far as the mouth of Ho^Tc
Creek, on the river Great Ogechee, fhall be and ever continue a parifh by the name of
" The parifh of St. Matthew:" the diftricl of Halifax, extending from the north- st. Ma«hsv
weft boundaries of the parifh of St. Matthew up the river Savannah, from the
mouth of Mackbeen's Swamp to the head thereof, and from thence to the head of
Lambol's Creek, to the river Great Ogechee, fhall be and forever continue a parifh,
by the name of " The parifh of St. George:" the diftricl of Augufta, extending st Gcorgc.
from the northweft boundary of the parifh of St. George, and fouthweft as far as
the river Ogechee, and northweft up the liver Savannah, as far as Broad River, fhall
be and forever continue a parifh by the name of 44 The parifh of St. Paul:" the town st Paul
of Hardwick and diftricl of Ogechee, on the fouth fide of the river Great Ogechee,
extending northweft up the faid river as far as the Lower-Indian trading-path, leading
from Mount Pleafant, and fouthward from the town of Hardwick as far as the fwamp
of James Dunham, including the fettlements on the north fide of the north branches
of the river Midway, with the iflands of Offabaw, and from the head of the faid
Dunham's Swamp in a northweft line, fhall be and forever continue a parifh, by the
name of 64 The parifh of St. Philip:" from Sunbury in the diftri£l of Midway and st rhUip-
Newport from the fouthern bounds of the parifh of St. Philip, extending fouthward
as far as the north line of Samuel Plaftings, and from thence foutheaft to the fouth
branch of Newport, including the iflands of St. Katharine and Bermuda, and from
the north line of the faid Samuel Haftings northweft, fhall be and forever continue a
parifh by the name of 44 The parifh of St. John:" the town and diftricl of Darien, st. joi.n.
extending from the fouth boundary of the parifh oF St. John to the river Alatamaha,
including the iflands of Sapelo and Eaftwood, and the fca iflands to the north of Egg
Ifland, northweft up the river Alatamaha to the forks of the faid river, fhall be and
forever continue a parilh by the name of 44 The parifh of St. Andrew and the town w
and diftriH of Frederica, including the iflands of Great and Little St. Simons, and/ "
the adjacent iflands fhall be and forever continue a parifh, by the name of 44 The pa- £t Jiracs.
rifh of St. James."
2. .And be it further enaficd, That from and after the faid feventeenth day of March,
one thoufand feven hundred and fifty-eight, the church already erecled in the town
of Savannah, and the grdund as now ufed for a cemetery or burial place thereto,
fhall be the parifh church and cemetery of Chrift Church.
Zg. Annulled by the conftitution of this ftate and of the United States.
4. And be it further enafted, That from and after the faid feventeenth day of
March, one thoufand feven hundred and fifty-eight, the church erecled in the town
of Augufta, with the cemetery or burial place thereto belonging, fhall be the parilh
church and burial place of St. Paul,
COUNTIES, COURT-HOUSES AND JAILS.
The remainder of this feftion, and from thence to the end of the aft, is repealed
by the conftitution of this ftate. See feft. 10, of 4th article.
By order of the Houfe,
DAVID MONTAIGUT, Speaker.
By order of the Upper Houfe,
PATRICK HOUSTOUN.
In Council Chamber, 15th day of March, 1758.
A dented to.
HENRY ELLIS.
An aB to extend and enforce the authority of the feveral laws therein mentioned, to and
throughout the territory lately annexed to this province; for dividing the fame into
parijhes, and for adding the i/land of Jekyl to the parifh of St. James.
Preamble, l. T If J H ERE AS his majefty by his proclamation of the feventh of Oftober, in the
V V year of our Lord one thoufand feven hundred and fixty-three, and alfp by
his late royal commiffion to his excellency the governor, bearing date the twentieth
day of January, one thoufand feven hundred and fixty-four, was gracioufly pleafed'
to annex to this province all that fpace or traft of land lying and fituate between the
river Alatamaha, and the fouthernmoft ftream of the river St. Mary : And whereas
difputes and difficulties may arife touching the prefent validity of the laws of this pro-.
Law* of the v"lce within the faid annexed territory : Be it enaBed, That from and after the paffing
lorceuuhis this aft, all the laws herein after mentioned and particularized, (many of which be-
territory. }ng obfolete, and others fince afted on by the legiflature, it is deemed unneceflary to re-
cite them) ffiall extend to, and be in as full force, power and effeft, in, over and
throughout the lands lying and being between the fouth fide of the river Alatamaha, and
the moft fouthern ftream of the river St. Mary, including all iflands within twenty
leagues of the coaft, to all intents, conftruftions and purpofes whatfoever, as if the faid
annexed territory had been a part of this province at the time of making and paffing
the fame ; any thing to the contrary in any wife notwithftanding.
•Said territory 2. And whereas it may be necefiary for the convenience of the inhabitants that the
P£ishe»!nt0 lands aforefaid ffiould be divided into parifhes: Be it further enaBed by the authority
of or efaid, That all that fpace or traft of land, lying and being between the river Alata-
maha, and the north branch of Turtle River, and from the head of the faid laft men-
tioned river in a northweft line, ffiall be and forever continue a parifh by the name of
44 The pariffi of St. Davidand from the north branch of Turtle River to the fouthern
branch of the river Little Sattilla, and from the head of the faid river Little Sattilla, in a
northweft line ffiall be and forever continue a parifh by the name of44 The pariffi of St.
sc pstnek. patrick anc[ from the fouthern branch of the river Little Sattilla, to the fouthern branch
of the river Great Sattilla, ffiall be and forever continue a pariffi by the name of 44 The
st. Th«ma». pari{H Gf St. Thomasand from the fouthern branch of the river Great Sattilla to the
fouthern branch of the river St. Mary, and from the head of the faid river St. Ma-
ry in a due weft line, including all the iflands within the faid boundary, ffiall be and
sc Mir*. forever continue a pariffi by the name of44 The pariffi of St. Mary,"
COUNTIES, COURT-HOUSES AND JAILS. ,5J
g. And be it Jurther enabled by the authority aforefaid, That the ifland of Jeky 1 SSlJiIt!fnA
fhall from henceforth be and forever continue apart of the parifh of St. James. St
ALEXANDER WYLLY, Speaker,
JAMES HABERSHAM, Prefident.
March 25, 1765;
JAMES WRIGHT.
An abl for fixing and efiablifiiing court-houfes and jails, and the fixing and regulating
elections in the different counties of this Jlate.
1. T ^[THEREAS no law has yet been paffed for the building and ereding court- ttcamsie.
V V houfes and jails, and for the fixing and efiablifiiing places for holding elec-
tions in the different counties of this ftate, and it being now neceffary for pafling of
an ad to that purpofe: And -whereas doubts have arifen concerning the time of open-
ing and doling the polls of the refpedive eledions: Be it therefore enabled by the free-
men of the ftate of Georgia in General Affembly met, and it is hereby enabled by the
authority of the fame, That fiom and immediately after the pafling this ad, the c9urt-g^f
houfes and jails for the different counties fliall be ereded at the places hereafter
tioned, which fhall be refpeded as the fixed and eftablifhed places for holding elec- eieaioiw. me
tions in the fame, that is to fay, the court-houfe and jail fhall be ereded, and the elec-
tions held in and for the county of Chatham, in the town of Savannah; the court-
houfe and jail fhall be ereded, and the eledions held in and for the county of Liberty,
at Sunbury;* the court-houfe and jail fhall be ereded, and the eledions held in and
for the county of Effingham, at Tuckafee Kings;f the court-houfe and jail fhall be
ereded, and the eledions held in and for the county of Burke, in the town of Waynef-
borough; the court-houfe and jail fliall be ereded, and the eledions held in and for
the county of Richmond, at the place where the road croffes the Little Kioka Creek, J
leading to the meeting-houfe, and that the fuperior courts be held at Augufta till a
jail and court-houfe are built, and that eledions be held at the place fixed on ; the
court-houfe and jail fhall be ereded, and the eledions held in and for the county of
Wilkes, in the town of Wafhington.
2 and 3 Regulates eledions, repealed by ad of 1799.
4 and 5 Point out the qualifications of reprefentatives, See. See the conftitution.
JAMES HABERSHAM, Speaker.
Savannah, February 26, 1784.
An act for annexing certain iflands to the county of Glynn.
1, "13 E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate o/certain
JD Georgia in General Affembly met, That all the iflands on thefouth fide of the«Softene
41 Removed to Riceborough by aft of 1797*
f Removed to Springfield. Vide aft of 17971 and aft of 1799*
% Held at Augufta. See aft of 1790.
154
COUNTIES, COURT-HOUSES AND JAILS.
Alatamaha to the river Little. Sattilla and St. Andrew's Sound, together with Great and
Little St. Simons, Long Ifland and the Hunting Iflands, be, and the fame are hereby
annexed to and declared to be a part of the county of Glynn.
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 20, 1789.
An act for fixing on proper places in the counties of Effingham, Glynn and Camden,
for ereBing jails and court-houfes, andJor ejlablijhing Juperior courts in the counties
of Franklin and Greene. ,
preamble. 14 \ ^ THERE AS the rapid increafe of population in the counties of Glynn and
VV Camden, and their frontier lituation require the moll pointed attention of
the legillature, that an equal diftribution of juftice may take place in the faid counties,
courthouse *n common with other counties in this ftate : Be it therefore enaBed by the rcpre-
«eddedatbe fintatives of the freemen of thefiate of Georgia in General AJJembly met, and by the,
^ruciwick. authority of the fame, That from and after the paffing of this aft, a court-houfe and
jail {hall be erefted, and the eleftions held in and for the county of Glynn at the town
of Brunfwick. The reft of this feftion relates to Camden, repealed by aft of 1792
and adi of 1800.
2. And -whereas no provifion hath hitherto been made by law for building a court-
houfe and jail in the county of Greene, nor any time appointed for holding the fupe-
court-uou« ri°r courts in the faid county; for remedy whereof, Be it enaBed by the authority afore-
fncireens-k* fa>id>i That a court-houfe and jail fhall be erefted, and the eleftions held in and for
herough. thecounty of Greene at the town of Greenfborough, and, that the fuperior courts fhall
beheld at Greenfborough on the next Tuefday after that of Wafhington.
3. Relates to the court-houfe, jail and eleftions in Effingham—-repealed by aft of
1799-
4. Appoints commiffioners of court-houfes and jails for-faid counties repealedby
aft of 1796, which conftitutes the inferior courts commiffioners.
5. Appoints a temporary place for holding courts, and the time when the courts
fhall commence repealed.
6. And be it further enaBed, That the commiffioners of each county, or a majority
of them, fhall have full power at any time of their meeting for the purpofe above
mentioned, to proceed on the bufinefs fpecified by this aft.
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1787.
An aB to appropriate the vacant lots in the town of Ebenezer for the purpofes of ertB-
ing a court-houfe andjail, and for the fupport of an academy in the faid town, and to
appoint commiffioners for the fame.
BE IT ENACTED by the Senate and Houfe of Reprefentatives of the fiate of Geor-
gia in General Affembly met, and by the authority thereof That Jeremiah Cuyler,
John G. Niedlinger, Jonathan Rawhn; Elias Hodges, and John Martin Dafher,
COUNTIES, COURT-HOUSES AND JAf'LS.
fliall be, and they are hereby appointed eommiffioners for the town and common of
tbenezer, in the county of Effingham; and the faid eommiffioners or a majority of
them fliall have full power and authority (after having given three months public no-
tice thereof in the gazette of Savannah, and at three or more public places in the
county aforefaid) to furvey, or caufe to be furveyed and laid out, the laid town of
Ebenezer, as nearly as poffible in conformity to the original plan thereof; which fur- n.™ 0f
vey'fhall be recorded in the furveyor's office of the laid county, and likewife in the coohn.?^-'
furveyor general's office. oiiicc^"'^15
2. And be it further enabled, That the faid eommiffioners or a majority of them, Maygcll cer_
ffiall have full power and authority to fell at public vendue to the higheft bidder, attainU,u
fuch time or times, place or places, as they may direft, all or any of the lots in the
faid town which are vacant, or have by any other manner become veiled in the flats
(except fuch as have been referved or as the Gomiffioners may think proper to referve)
for public or county ufes; Provided, That the faid eommiffioners ffiall fir ft give thir-
ty days public notice of fuch fale or fales in the Georgia Gazette, and in three or
morepublic places in the faid county ; and the monies arifing from the fale of fuch lots, Fcr then«eof
{hall be applied to the building a court-houfe and jail in the faid county of Effingham;
and if a balance ffiould remain, it ffiall be applied to the fupport of an academy with-cadeiry'
in the faid county, under the direftion of the eommiffioners of the academy in faid
county. And the eommiffioners herein before named, are required to pay over to the
eommiffioners of the academy whatever balance may remain in their hands after buil-
ding the court-houfe and jail as aforefaid.
3. And be it further enabled. That the eommiffioners appointed by this law ffiall, turns
within three months after each fale, make return to the treafury of the number of lots tr<*«*ry-
fold, arid the prices of each* and ffiall make yearly returns to the treafurer of the
monies'expended by them about the buildings aforementioned.
4. And be it further enabled, That the eommiffioners herein before appointed ffiall, AndgWe,,ori(i
before they enter on the duties of their appointment, give bond with fecurity to theandneurit*1
juftices of the inferior court of the faid county, in the fum of thirty pounds each;
and ffiall likewife take and fubferibe the following oath, to wit, 441, A. B. do folemnly 0ath-
fwear (or affirm, as the cafe may be,) that I will faithfully dilcharge the trull repofed
in me, to the bell of my abilities and underltanding. So help me jpod."-^—See
next aft,
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prejident of the Senate-,
Concurred February 18, 1796.
JARED IRWIN, Governor4
An act to ejlablifh the permanent feat of the court-houfe and jail in the county of
Effingham*
i. T 7ETHEREAS it appears that the true intent and meaning of the aft, entitled frC*mbifc.
V V 44 An aft to veil powers in the eommiffioners for the county of Effingham
to fix on a place for building a court-houfe," palled at Augufta in January, one thou-
(and feven hundred and ninety-five, was to remedy the evils and inconveniencies of
holding the courts of the faid county at an extreme corner thereof, by fixing on a
place moll convenient to the inhabitants: for remedy whereof, Be it enabled by the
Senate and Houfe of Reprefentatives of bhe f ateof Georgia in General Affembly met5
8
6 COUNTIES, COURT-HOUSES AND JAILS.
tCeF™!,f°tten and by the authority of the fameThat David Hall, Jofhua Loper, Samuel Ryals,
co Godhelf Smith and Drurius Garrifon, be and they are hereby appointed commiffion-
*utlJ"11, ers, with full and ample powers to point out and fix upon the molt fuitable and con-
venient place at or near, that is to fay, within five miles of the centre of the coun-
ty, for eroding a court-houfe and jail thereon; and fuch place to be agreed on by
them, or a majority of them, fhall, and the fame is hereby declared to be the per-
manent feat of the court-houfe and jail of the faid county of Effingham. .•
rctobcS 2* be it further en a tied, That from and immediately after the'expiration of the
in the interim, time appointed for holding the next term of the fuperior and inferior courts in and
for the faid county of Effingham, the fame fhall be held at the plantation and houfe
of James Wilfon, the fame being at prefent the molt fuitable place near the centre
of the faid county, until a permanent place be fixed on, and a court-houfe and jail
fhall be ereded in purfuance of this ad, any thing contained in or done in virtue of
the before recited ad to the contrary hereof notwithftanding, which faid ad is here-
by repealed.*
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident ofi the Senate.
Concurred February 10, 1797.
JARED IRWIN, Governor.
* See ad of 1799.
An act to appoint commijji oners for the town of Hardwick, and to appoint commijjioners
for the county of Wajhington, to fx on a proper place for the court-houfe and jail fir
the faid county, and for building the fame. . .<
Commission- 1, T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate: of
#rs'" 13 Georgia in General Affembly met, and by the authority of the fame, That John
Wereat, Robert Elolmes, James M'Gillivray, William Clark, Simmons Maxwell,
Thomas Collier; and Jofeph Stiles, fhall be, and they are hereby appointed commif-
Toners for the town and commons of Hardwick, on the river Ogechee; andthatthev
faid commiffioners, or a majority of them, lhall have full power and authority, after
giving three months notice in the Georgia Gazette, to furvey, or caufe to be furvey-
ed and laid out, the faid town of Hardwick, after the fame manner and as nearly as
p!anof°Jadidthe poffible in conformity to the original furvey or plan thereof; which furvey fhall be
coHnty1 survey- recorded in the furveyor's office of the county, and likewife in the office of the fur-
teyoTgenTrai'sveyor general. -
May sell all va- 2. And be it firther enaHed by the authority aforejaid, That the faid commiffion-
SwB.otsB18Mders or a majority of them, fhall have full power and authority, to fell at public ven-
due, to the highelt bidder, at fuch time or times, place or places, as they may think
belt, all or any of the lots in the faid town, which are vacant, or have by any other
means become veiled in this ftate, except fuch as have been referved, or which the faid
commiffioners may think proper to referve for public ufe; of which fale or fales, the
faid commiffioners fhall give fix weeks public notice in the Georgia Gazette, and the
yrfate^to'the monies arifing therefrom fhall be applied, under the direftion of the faid commiffion'-
court-house & ers sto ere^ng a court-houfe and jail; and if a balance ffiould remain, it fhall be ap-
jaii andacade- pbed towards building an academy in the faid town3 the faid commiffioners to make a
COUNTIES, COURT-HOUSES AND JAILS. i57
return to the treafurer, within three months after the fale, of the number of lots fold,
and the prices of each j and fhall make yearly returns to the treafurer, of the monies
expended by them, about the buildings above mentioned.
3. And be it further enabled by the authority aforefaid, That John Watts, John commus-on.™
Stokes, Owen Fort, Solomon Bechum and John Marcus, are hereby appointed com - county.' g
miffioners for building and fixing 011 a proper place, as nearly central as may be con-
venient, for the court-houfe and jail in Wafhington, and the juftices of the inferior
court of the laid county are authorized and empowered to raife by tax,* to be by
them levied, a fum not exceeding two hundred and fifty pounds, to be applied in pay-
ment for fuch public buildings.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefidcnt of the Senate.
GEORGE MATHEWS, Governor.
December 19, 1793.
* See a& of 1796, authorizing inferior courts to levy county tax.
An act to efablifh a town on North Newport River, in the county of Liberty, for alter-
ing the place for holding the courts and elections within the faid county, and for ap- '
pointing commijf oners to erebl a court-houfe and jail.
WHEREAS it has been found that the town of Sunbury, the prefent feat ofpreamble,
juftice for the county of Liberty, is inconveniently fituated for conducing the
public bufinefs of the faid county: And whereas, agreeable to a refolve of the laft
General Affembly, authorizing and requiring the juftices of the inferior court of the
faid county to call a meeting of the inhabitants to take their fenfe by ballot, for fixing
on a permanent fpot for the feat of juftice in the faid county, and where the court-
houfe and jail ftvall be built, fo as to render the fame more convenient for the majority
of the inhabitants, it has been determined by a large majority of the citizens of the
-■faid county, that the town at North Newport bridge is the moft eligible place for the
feat of juftice: And whereas Matthew M'Allifter, efq. has offered to convey a piece
of grouncl, containing two hundred and thirty feet in length, and one hundred and
fifty feet in width, fituate near the faid bridge, agreeable to a plan of a town called
Riceborough, hereunto annexed, and in fee fimple, without any price or confidera-
tion, other than a wifh and defire to promote and encourage the faid town, and his
regard for the inhabitants thereof:
1. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate ofCommhsioam
Georgia in General Affembly met, That Thomas Stevens, Daniel Stewart, Peter Rice.
Wynn, Joel Walker, and Henry Wood, be, and they are hereby appointed commif- cZt-fiousethe
fioners to fee that the fquare as reprefented in the faid plan, be accurately admeafuredandJ3ll,
and laid out, in conformity to the plan of the faid town, to be called Riceborough,
and to receive good and fufficient titles in fee fimple for the faid public fquare, contain-
ing two hundred and thirty feet north andfouth, and one hundred and fifty feet eaft
and weft, or as nearly fo as the public road will permit, and alfo the ftreets and lanes
of the faid town, *as delineated in the faid plan, for the purpofe and ufe of a court-
houfe and jail, in the faid county of Liberty.
2. And be it further enabled by the authority aforefaid, That Thomas Stevens, Dan- And superb
iel Stewart, Peter Wynn, Joel Walker, and Henry Wood, be, and they are hereby K,d.th®bui)^
i58
COUNTIES, COURT-HOUSES AND JAILS.
appointed commiflioners for erecting find keeping in repair a court houfe end jail,
within the faid fquare; and that in cafe of the death, rehgnation, or rcfufll of any of
the laid commiflioners, his excellency the governor is hereby authorized and empow-
eredto appoint fome other perfon or pcrfons to abtin his or their room,
jm-rjande- 3. And be it further enabled^ That after the palling of this ad, the courts and elec*
KuRhRi"" t'ons heretofore held, and all other public bulinefs heretofore tranfaded at the faid
town of Sunbury, fliall be held and tran faded at the faid town of Riceborough, and
the feveral offices of faid county, be thereto removed, any law to the contrary not-
withftanding.
DAVID MERIWETHER, Spealerof the Houfe of Reprifintalives.
DAVID EMANUEL, Prefdent of the Senate.
Concurred, Febuary 11, 1797.
JARED IRWIN, Governor.
i • 1 »
An a 51 for laying out a town in the county of Effingham^ and authorizing the cowmiffon*
ers of the court-houfe and jail to make fale of the lots and appropriate the amount
thereof and to difpofe of the former cburt-houfe in Ebenezer.
rnamwe. 1. "TTITTIERE A S David Hall, Jofhua Loper, Samuel Ryals, Godhelf Smith
V V and Drurias Garrifon, commiflioners of the court-houfe and jail of the
county of Effingham, have purchafed a piece of land for ereding the public build-
ings in the county aforefaid: Be it therefore enabled by the Senate and Houfe of Repre-
fentaiives of the fate of Georgia in General AJfembly met, and by the authority of the
!l0auuyoutea" famci That ihe faid Havid Hall, Jofhua Loper, Samuel Ryals, Godhelf Smith and
l^'mTkeu- h)rurias Garrifon, commiflioners as aforefaid, or a majority of them, or their fuc-
tfelno!feytoy ce^ors *n office, ffiall and may lay out into lots of fuch lize as they may think pro-
!hcourt1ious£f Per> aforefaid piece of land, and ffiall fet up and expofeto fale, within fix months
county/01 tiie after the palling of this ad, the faid lots, and make titles thereto; and the monies
ariling from fuch fale to be applied to the ufe of building a court-houfe and jail in
the faid county.
Thetowrito 2- And he it further enabled, That the faid town ffiall be known by the name of
Springfield. Springfield, and hereafter be the permanent feat of public buildings,
court-houfe in 3* And be it further enabled, That the commiflioners aforefaid, or a majority of
Ebenezertobc them, fhall and may fell the court-houfe in Ebenezer, and apply the money as herein
before drreded, any law to the contrary notwithftanding.
DAVID MERIWETHER, Speaker of the Houfe of Re pre fentaiives♦
ROBERT WALTON, Prefdent of the Senate.
Alfented to February 7, 1799.
JAMES JACKSON, Governor*
An aBfor appointing conimij/i oners for afcertaining the boundaries of the towns and
commons of Brunfwick and Frederica, in the county of Glynn.
i. T3 E IT ENACTED by the Senate and Houfe of Reprefentdtives of the fate of
13 Georgia in General AJfembly met, and by the authority of the fame, That George
COUNTIES, COURT-HOUSES AND TAILS.
159
Purvis, Richard Pritchard, Mo.fes Burnett, John Piles, and John Burnett, be,.
and they are hereby appointed commiffioners for the town of Brunfwick; and
they, or a majority of them, fhall have power to layout, or caufe to be laid, out, the Their i.cwm
town of Brunfwick aforefaid, as nearly as pollible to the original plan theivof, and
caufe the ftreets of the fame to be opened, and the lots plainly marked or flaked off;
and fhall alfo caufe the commons of the faid town to be re-furveyed, and an accu-
rate map thereof, together with a plan of the faid town, returned to the furveyor ge- «>e
neral's office within two months after the paffing of this a61, there to be put on record,
- 2. And be itfurther enaBed, That the faid commiffioners fhall, immediately after rk/kkCtil
the faid town and commons fhall be fo laid off, advertifc the fame in fome one of the gddLct\lll3Ublic
public gazettes of this ftate for nine months, giving notice to all holders or owners of
lots in the faid town of Brunfwick, to make a return thereof to the faid commiffi-
oners, fpecifying the number or numbers of lots fo held or claimed, which faid owners
fhall pay for each lot fo held or claimed by him, her or them, the fum of one dollar,
which fhall be applied towards paying off the expences that may accrue in laying out
and ascertaining the fame.
3. And be it further enacted, That all lots that fhall not be returned to the faid Certain lots
commiffioners, within the term of nine months as aforefaid, fhall be by the faid com - 'e"wc'
miffioners advertifed for fale, giving fix weeks' notice thereof in the public gazettes of
the faid ftate, one half of the purchafe money to be paid down, and the remainder in duS.3'" coa"
twelve months thereafter the purchafer or purchafers giving bond with mortgage on
the faid lot or lots fo purchafed, for the payment thereof; and the monies arifingMpneyar.s,
from fuch fale fhall be applied to the fupport of an academy or feminary of learning (X Sided to
in the county of Glynn, except fo much thereof as may be neceffary to defray a part K£;nGiyn£
of the expences in laying off the faid town and common.
4. And be it further enabled, That the commiffioners fhall have power to rent or Town-common
A J J *■ may be leaseu..
leafe the whole or any part of the faid commons * of Brunfwick, as to them may be
deemed beft for the fpeedy fettlement of the faid town of Brunfwick.
5. And be it further enaBed,, That John Cooper, William M'Intofh, James Har- commissi-nets
rifon, james Moore, and William Clubbs, be, and they are hereby appointed commif-0 re
fioners for the town and commons of Frederica, who fhall have the fame power, and
be under the fame regulations, as the commiffioners appointed by this aft, for the
town and commons of Brunfwick.
6. And whereas feveral perfons have at fundry times made attempts to run up the sur'
commons of the faid towns, but have been as often defeated in the caveat courts Q{ tuvvn*^milien-
the faid county, by the exertions of fome of the proprietors of the faid towns of
Brunfwick and Frederica: Be it enaBed, That any perfon or perfons who may au
terppt to run any part of the faid commons or towns of Brunfwick or Frederica, un-
der any pretence whatfoever, fhall be liable to a fine of five hundred dollars, to be
recovered in the fuperior court of the faid county, by the commiffioners, or any other
perfon or proprietor of any lot or lots in the faid towns, which faid money fhall be
applied, one half to the ufe of the academy, and the other to the-ufe of the perfon or
perfons fuing for the fame; and all furveys heretofore made, and grants furreptitioufly
obtained, are hereby declared null and void, and any perfon or perfons taking pof-J^™1^
feffion by virtue of any furvey or grant as aforefaid, fhall be liable to the aforefaid
fine, to be recovered in manner aforefaid.
* Empowered to fell a part by ad of 1797-
i6o COUNTIES, COURT-HOUSES AND JAILS.
Kc!in* 7* -And be it further enatfed, That all laws heretofore pafled appointing commif-
fioners for the towns and commons of Brunfwick and Frederica be, and the fame
are hereby repealed.
THOMAS STEVENS, Speaker of the Hoafe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident 0/the Senate.
Concurred February 21, 1796.
JARED IRWIN, Governor.
* An aB to make permanent the feat of the public buildings in the county of Glynns andfor
other purpofes therein mentioned,
Catnmlawoa* i, T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
J3 Georgia in General AJfembly met, That Richard Pritchard, Martin Palmer and
Mofes Burnett, be, and they are hereby appointed commiffioners of the court-houfe
and jail in the county of Glynn; which court-houfe and jail fhall be erefted on one
seat of county of the mod convenient public lots in the town of Brunfwick, which fhall be conveyed
to them by the commiffioners of the aforefaid town and commons,
part of town- 2i And whereas it has been found that there is much more land referved for the
common may ^ i • met r r-t i
be sold. commons of Brunfwick than is necenary for that purpofe: Be it therefore enaaed,
That the commiffioners of the above town and commons are hereby authorized to
fell and difpofe of five hundred acres of the commons of Brunfwick, at fuch time and
place as they may deem molt proper, after giving three months public notice in one
of the gazettes of Savannah, in lots not exceeding fifty acres each, and make titles
Money arising to the purchafer or purchafers in fee fimple; which monies arifing from the fale of
SSftJSw 000 the faid land fliall be applied under the dire&ion of the faid commiffioners of Brunf-
&cVanhd0tiie'«- wick, as follows, to wit, one moiety thereof to theufe of the court-houfe and jail,
cadcmy, ea" and the other to the ufe of the academy: Provided, That the faid lands be not fold
for lefs than three dollars per acre; any law to the contrary notwithftandingi
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident oj the Senate.
Concurred February 13, 1797.
JARED IRWIN, Governor.
An aB to authorize the inferior court of the county of Bryan to leafe the commons of Hard-
wicke and the glebe land of the faid county.
mflcasfthe 1* T)^ IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
iryan'county. Georgia in General AJfembly met, and by the authority of the fame, That the in-
ferior court of the county of Bryan, be, and they are hereby authorized and empow-
ered to leafe, from time to time, for a term not exceeding feven years, the common
Money applied of Hardwicke, and the glebe land of the faid county; and to apply the rents and pro-
road?aandthc fits arifing therefrom, to the repair and improvement of the roads and bridges in the
bnd^c.. coun(.y^ -n manner as they (hall deem moil expedient.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate,
Affentedto December 4, 1799-
JAMES JACKSON^ Governor.
COUNTIES, COtmT-HOUSES AND JAILS. *6*
jbi afl to duihorite the inferior court of the county of Burke to leaf the glebe land of the
faid county.
BE IT ENACTED by the 'Senate tind Hotife of RtprefeiitativCs of the fate of
Georgia in General Ajfembly met) and'by the authority of the fame, That the
inferior court, of the county of Burke be, and they are authorized and empowered to lu dii
leafe from time to time, for a term not exceeding five years, the glebe land of the faid au-i -p /
county, and to apply the rents and profits, arifing therefrom, to the relief of the pooi Sbta*'
thereof, at the difcretion of the faid court. ' poor'
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives*
DAVID EMANUEL, Prejideni of the Senate*
A (Tented to December 2, 1800. '
JAMES JACKSON, Governor*
An d£l to ef abhfi atovdn on St. Mary's River, in the county of Camden j for altering
the place for holding the courts and elections within the faid county, and for appointing
commijfi oners to erect a court-houfe and jail in the county of Franklin;
i. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate u/rawftorsh:
JL3 Georgia in General Ajfembly met, That a town heretofore laid out on the
liver St. Mary's, in the county of Camden, a plan whereof has been recorded in the
office of the bounty furveyor of faid county , Ihali be, from and after the paffing of
this aft, veiled in five commiffioners, and be known by the name of 18 St. Mary's 3"
and that James Seagrove, William Maulreyj William Johnltort, Thomas King and Comm;sslMi
John King be appointed commiffioners thereof, who, or amajority of them, are here-"3,
by authorized and required, within twelve months after the paffing of this aft, to
tranfmit to the furveyor general, a fair and correft copy of the plan of the faid town, J°nrc0cf°tr,fea
by him to be recorded in the office of the furveyor general of this Hate. SyoVJInc.
2. And be it further enacted) That in cafe of the death or refufal to aft of any ofrv^s;lS;h0^.
the faid commiffioners his excellency the governor is hereby authorized and empower-tobefitled*
ed to appoint fome other perfon or perfons in his or their room.
The remainder of this aft refpefting commiffioners of the court-houfes and jails
bf Camden and Franklin counties j repealed by aft of 1796. See alio aft of 29th
November, lBoo, relative to Camden.
WILLIAM GIBBONS, Spottier of the Ilr.f of Reprefentatives-.
BENJAMIN TALIAFERRO-, Preftienl of the Senate,
'December 5, 1792.
■EDWARD TELFAIR, Governor.
. tt « : © « 0 . 6 it « .
M'n aft to efablifh and make permanent the feat of the public buildings of the .county of
Camden, at) or near the centre bf faid county.
\. \ % THERE AS it appears that the [feat of public bufinefs in the county of Camden wtimfeH?
V V is found to be extremely inconvenient to a majority of the inhabitants there-
X
16a COUNTIES, COURT-HOUSES AND JAILS.
of, it being at one extreme end of the county : Be it therefore enaEted by the Senate
and Houfe of Reprefentatives of the (late of Georgia in General Ajfembly met, and by
the authority of the fame, That Thomas M'Call, Phinthas Miller, John Floyd,
Hugh Brown, and William Niblack, be, and they are hereby appointed commiffion-
ers, and they, or a majority of them, are hereby fully authorized and empowered to
fix upon the raoft convenient place, at, or near the centre of faid county, for the pur-
pofe of erefting a court-houfe and jail, and to contract for fuch quantity of land as
they may deem fuffiqient to anfwer public ufes ; and the laid commiffioners pr ama-
jority of them, fball have power to lay out any part or all of fuch land as aforefaid,
into lots of fuch convenient fize as they may judge mo ft proper ; and fhall expofe
to public fale within fix months, or in convenient time after the pafting of this a£1,
and make titles thereto ; and the monies arifing from fuch fale or fales to bp applied
to the ufc of building a court-houfe and jail on the aforefaid premifes.
2. And be it further enaBed, That the aforefaid town or feat of public buildings
fhall be known by the name of " Jefterfon;" and after the completion of the build-
ings as aforefaid, fhall be the permanent feat of public bufmefs for the county
aforefaid.
3. And be it further enaBed,^ That from and after the pafling of this a£l, the place
"of holding courts, elections and other public bufinefs, fhall beat the town of St. Ma-
"ry's, until the place be fixed on by the commiffioners aforefaid, and buildings erefted as
aforefaid, and no longer.
4. And be it further enaBed, That all laws or parts of laws heretofore made that
militate againft this aft, be and they are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Aflented to November 29, 1800.
JAMES JACKSON, Governor.
Commissioners
-to fix on a
place near the
centre of the
county for the
pourt-nousc
.and jail.
To purchase
land for that
purpose,
lay it out into
lots, sell and
apply the mo-
jiey to ereft a
court-house
?nd jail.
The town to
be called Jef-
ferson.
■Courts to be
held at St. Ma-
ry's till the pub'
lie buildings
are completed.
Repealing
dkuse.
An act for dividing the county of Wafhington,
1.13 E IT ENACTED by the reprefentatives of the freemen of ihefate of Geo?-
Greene coimty gia in General Ajfembly met, and by the authority of the fame, Thataline fhall
laid out. ke run nort^ forty_five degrees eaft, beginning on the Oconee River, fix miles above
the Rock Landing, until it ftrikes the Great Ogechee River; thence up Ogechee to the
head of the main branch; from thence a direfi courfe to the Cherokee Corner; from
thence to the fouth branch of Oconee, running into that river at or near Zachariab
Philips'; thence down the Oconee to the beginning, including a traH of country
which fhall be called and known by the name of " Greene County."
dtourt-fu>use^& 2- And be it further enaBed, That the court-houfe.and jail fhall be built, and the
|nu?ewiicli fuperior courts and annual eleftions held at a town to be laid out on the College
Survey on Richland Creek.
3. And be it further enaBed, That the truftees of the univerfity, or a majority of
them, fhall be, and they are empowered and requefted to lay out, or caufe to be
laid out, atown, which fhall be known by the name of " Greenfborough," on faid Col-
lege Survey; and after referving a number of lots fufficient for public buildings, to
fell and convey the remaining lots and land adjacent to the purohafer or purchafers,
COUNTIES, COURT-HOUSES ANC' JAILS.
ift fee fimple: Provided only, That the money arifing from the fale of the faid lots
<md lands adjacent, fhali he applied to the fole purpofe of promoting learning and
foience, and the quantity Of land fo to be laid off does not exceed one thoufandacres.
' WILLIAM GIBBONS, Speaker.
Augufta, February 3, 1786. ! 1
An abl to divide the county*vf! Richmond.
0
T5.E. IT'ENACTED by the Senate and Houfe of Reprefentatives of the fate of
J3 Georgia in General AJfembly met, That the County of Richmond fhall be di- SSSwdwt.
vided into two counties, in the following manner, vizv beginning on the river Savan-
nah, at the mouth of Red's Creek; from thence a line fhall be drawn, running fouth
forty-five degrees weft, and all that part of Richmond county lying above, or north-
weftwardly of the aforefaid line, fhall be one county, and known by the name of
44 Columbia," and fhall have two reprefentatives apportioned to it, from the reprer
dentation of the county of Richmond.
2 Appoints commiffioners of court-houfe and jail for Columbia county. Ob-
folete.
3. And be it further enabled, That all that part of Richmond county lying below ^*04*
or foutheaftwardly of the aforefaid line, fhall compofe one other county, and retain
the name of 44 Richmond;" and that George •Handley, John Meals and Robert
Foffyth, efqrs. or any two of them, be and they are hereby appointed commiffion-
ers to fix on a place to build a court-houfe and jail for faid county of Richmond, in.
the town of Augufta.
4 Empowers the colleftors of each county to colie& a county tax^ See. to build
court-houfes and jails, See. Obfolete.
5 Applies the money fo colleffed, See.' Obfolete.
6 Concerning fuits commenced previous to the divifion. Obfolete.
7. And be it furiher enabled, That the furveyor for the county of Columbia fhall
run, and plainly mark, gratis, the aforefaid line, dividing the county of Columbia m«rkedv 3
from the county of Richmond, within thirty days after his appointment.
" 8 RefpefL the commencement of courts in faid counties—repealed by aft of 1799.
JOSEPH HABERSHAM, Speaker of the Houfe of Representatives.
NATHAN BROWNSON, Prefident of the Senate.-
' EDWARD TELFAIR, Governor.
December 10, 1790.
An abl for dividing the county of Wilkes, and for other purpofes.
i. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate ofmtrttmrn
JD Georgia, in General AJfembly met, That all that part or parcel of the county Uld aut'
of Wilkes, lying on the north fide of Broad River, from the mouth thereof to the
main fork; thence up the fouth main fork to where it interfefts the line dividing the
county of Wilkes from Franklin, fhall be one county, to be called and known by the
name ofi 64 Elbert;" and all that part of the faid county of Wilkes lying on the fouth
1
i6-i CQUNTIES, COURT-HOUSES AND JAILS.
fide of Broad Rivera Hlall retain the name of (t Wilkes," and the court-houfe and'
jail thereof fhall be and continue at the town of Wafhington, the place formerly ap-
pointed by law for holding courts in faid county.
Inferior court 2* And be itfurther mailed by the authority aforefaid, That the juftices of the infe-
©nulc^iace for rior court of the county of Elbert be, and they (or any three of them) are hereby
Mlci^'bwsc fully authorized and empowered to fix on the molt convenient place for building a
court-houfe and jail in the faid county of Elbert, and until fuch court houfe and jail
fhall be completed, the fuperior and inferior courts of faid county fhall be held at
fome place to be agreed on by the f^id juftices.
3 Refpe&s building the court-houfe and jail, laying county tax, &c. Obfolete.
4 Obfolete. Seeaflof 15th February, 1799, fixing the reprefentatiom
£ Qbfolete. See a^i of 16th February, 1799, regulating courts; See judiciary.
JOSEPH HABERSHAM, Speaker of the Houfe of Representatives*
NATHAN BROWNSON, Prejident of the Senate.
EDWARD TELE AIR, Governor.
December io? 1790.
An aB to lay out a county out of part of the counties of Wafhington and Gredne.
1. "|3 E IT ENACTED by the Senate and Houfe of Keprefentatives of the fate of
-U Georgia in General Affembly met, and by the authority of the fame, That a new
county fhall be laid, off out of part of the counties of Wafhington and Greene, in the
following manner : A line fhall run, beginning near Alexander's mill on the north
fork of Ogechee, to run in a direft cburfe to Poller's plantation on the Oconee Ri-
ver, thence down the fam^ to. the mouth of Buck Creek, near the Rock Landing,
thence a dire£l line to where the lower trading road croffes Town Greek, from thence
with a road leading from the Rock Landing to Georgetown, to where the fame crof-
fes the river Ogechee, thence up Ogechee to the beginning ; and all that part of the
counties of Wafhington and Greene, comprehended within, and lying between the
faid lines and boundaries, fhall be a county, and known by the name of 66 The county
SSSSSSSw of Hancock." And Harmon Reynolds, Matthew Rabon, Jgmes Adams, Abraham
•ndjau, Mi]es anc{ John Mitchell, fliall be, and they are hereby appointed, -commifti oners,
and they, or a majority of them,k are veiled with full power and authority to fix on
the moft convenient and central place within the faid county, at which courts and
eleflions fhall be held, as foon as fuitabde buildings are erefled thereat. And the faid
commiflioners, or a majority of them, are hereby authorized and empowered, to con*
trafl with fit and proper perfons, for the purpofe of building a court-houfe and jail in
the county aforefaid, which, after at leaft thirty days notice, fhall be let to the lowell
bidder. Provided, That until the court-houfe fhall be ere£led, the courts and eleftions
for faid county fhall be held at the houfe of John Whatley.
jnferfot eontt 2. And be it further enabled by the authority aforefaid, That the juftices of theinferb
or court of the faid county are hereby authorized and empowered to levy,a tax onthfif
inhabitants and taxable property within the fame, for the purpofe of eretfing a court-
houfe and jail as aforefaid, wh-ich fhall be done in fuch a manner as in the judgment
of the court fhall be leaft burtfienfome to the inhabitants.
County Hue to 3. And be it further enabled by the authority aforefaid, That Henry Grayhill, fhall
-s appointed to run the upper and lower lines bounding the faid
COUNTIES; COURT-HOUSES AND JAILS. ,
county, and that the charges thereof fhall be paid by the inferior court of ihe faid
county, to be levied as in this a6t direfled.
4. And be it further enaded by the authority aforefaid, That all civil and military
officers, within the boundaries of the faid county, (hall be, and they are hereby con- Cmiand
firmed in their commiffions. j3!i&th"rrste
WILLIAM GIBBONS, Speaker of the Houfe of Rcprefeniativa. cto°tok*1,
BENJAMIN TALIAFERRO,. Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 17, 1793.
An.aB to lay out a county.out of part of the counties of Burke and Effingham.
I. TJ'E IT ENACTED, by the Senate and Houfe of Reprefentatives of the fate of
, JL3 Georgia in General AJfembly met, and by the authority of the fame, That a new
county fhall belaid off out of part of the counties of Burke and Effingham, in the
following manner : A line fhall be run beginning at the mouth of Rooty Branch, on
Savannah River, near Nathaniel Lundy's, to run in a direft courfe to the mouth of
Tittle Ogechee; and in the fame direftion from thence to Ganouehee; another line
fhall be run, beginning at Somerlin's ferry, on Savannah River, to run in a diretf
courfe from thence to the junction of Buckhead Greek and Ogechee River, and from
thence up the faid river to the dividing line between Wafhington and Effingham, from
thence along the faid line to Canouchee, and down that dream to where the firlt men-
tioned line ftrikes it. And all that part ofBurke and Effingham counties comprehend-
ed within, and lying between the faid lines, and between Savannah River and Canou-
chee, not above or below the lines aforefaid, fhall form a county, and be known by
the name of" Scriven." And that Paul Bevil, William Skinner, and John Lott, fen. commissioner*
fhall be, and they are hereby appointed commiffioners, and they or a majority ol house and ja",.
them, are vefted with full power and authority to fix on the mod central and conven-
ient place within the faid county, at which the courts and ele&ions fhall be held, as foon
as fuitable buildings are erefted thereat; and the faid commiffioners or a majority of
them are authorized and empowered to contraQ; with fit and proper perfons, for the
purpofe of building a court-houfe and jail, in the county aforefaid, which, after at
lead thirty day's notice, fhall be let to the lowed bidder. Provided, That until the court-
houfe fhall be erefted, the eleftions and courts for faid county fhall be held at the houfe
of Benjamin Lanier.
2 Empowers the inferior court to lay a county tax—repealed. See aft of 1796.
3 Direfls the county furveyor to run the line. Obfolete.
4 Gives Scriven one reprefentative, to be taken from Burke:—repealed by ttfl
of 1799.
5. And be it further enacted^ That all fuits already commenced in the aforefaid suigaireadj
county of Scriven, fhall continue and be profecuted in the counties of Effingham regEd.6
and Burke, until the courts of the county of Scriven aforefaid are properly organ-
ized, and fuch judices of the former counties of Effingham and Burke, as may fall
"Within the county of Scriven, fhall continue to exercife their refpeftive appointments, qmcers to con.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives, Um,fctv>*w»
BENJAMIN TALIAFERRO, Prefident of the Senate,
GEORGE MATHEWS, Govanor.
December 14, 1793.
COUNTIES, COURT-HOUSES AND JAILS.
An act for laying out the Jeveral counties herein after namftl.
i. *DE IT ENACTED by the Senate and Uonfe of Reprefentatives of the fate of
Twoneweoun* Georgia in General Affembly met, and by the authority of the fame, That two
from"wilkes Si new counties fhall be, and they are hereby laid out, from the counties of Wilkes and
other counues. £gVgra] other counties contiguous or adjoining thereto, in the following manner and
form, to wit, the firfl to begin at Megechee's bridge, on Ogechee River, thence along
the road leading from that bridge to the Chickafaw Ford on Brier Creek; thence up
Brier Creek to the mouth of Sweet Water; thence up faid creek t p Watfon's mill,
from thence to the path known by the name of " The Old Line path at Hodgins';" from
thence a flraight line on Stark's old mill bit Little River; thence up that river to the
mouth of William's Creek; thence up the faid creek to the mouth of Beaver Dam ;
thence a flraight line to Ogechee, foas to include the plantation of Col. Alexander,
bounty of an^ down the Ogechee to the beginning : which faid county fhall be called and known
warren. tpe name Gf64 Warren."
2. The other county fhall begin at the mouth of Long Creek; thence up the faid
creek to the mouth of the dry fork thereof; thence up faid fork to Jofeph Staton'sj
thence a direft line to William Hammett's; thence to Armours ford on Little River;
thence the fame courfe continued until it ftrikes Sherrifs Creek; thence a direft line
to Livingflon's mill on Ogechee; thence up the fame to the Greene county line;
thence along faid line to the Cherokee corner; thence along the line dividing Wilkes
and Franklin, to the fouth fork of Broad River; thence down Broad River to the
county of place of beginning; which faid county fhall be called and known by the name of
ogicthorpe. Oglethorpe."
3. And be it further enabled by the authority aforefaid, That the county furveyorof
Wilkes fhall be, and he is hereby appointed to run and plainly mark the feveral ar-
tificial lines, agreeably to this aft, for the aforefaid county of Warren ; and thecoun-
ty furveyor of Elbert lhall be, and he is hereby appointed to run, and plainly mark in
like manner, the fevgral lines round the county of Oglethorpe ; which faid line fhall be
run and marked as aforefaid, within two months after the palling of this aft; and the
faid county farveyors fhall be allowed, by the county courts of the aforefaid counties
of Warren and Ogiethorpe, a reafonable compenfation for fuch fer\ices, to be by
them levied on their refpcfti\ e counties, anu lhallbe fubjett when collected, to their or-
der for the purpofes aforefaid.
4 Direfts juflices to aft till the adjournment of the next legislature. Obfolete.
5 Appoints commiliioners for eai h count) to fix on a place for the court-houfe
and j ail. Obfolete.
.juferiorcourt 6. And be it further enacted, That the jc rei f ' i u ferior court for the county
WarrenJ or any three of them, are heicb) authorized and empowere 1 to coritraft
wintytex,a!«. with proper perfons to undertake and completely fimih a court-houfe and jail for faid
county, on fuch plan and in fuch form as they may think proper; and the faid county
court may raife by tax, to be by them levied, a fum not to exceed two hundred and
fifty pounds, to be by them applied to the building fuch public buildings; and the
juflices of the inferior court for the county of Oglethorpe fhall in like manner contraft
$vith fit and proper perfons for building their court-houfe and jail, and may raife by
tax on their county, a tax not exceeding two hundred and fifty pounds, to be applied,
as aforefaid.
7 Afcertains the reprefentation—repealed. See aft of 1799-
8 Refpefts fuits commenced previous to the divi&on, Obfolete*
COUNTIES, COURT-HOUSES AND JAILS.
I67
9. And be itfurther enabled, by the authority aforefaid, That one new county
be laid off from the county of Liberty, in the manner following : from the north *******
end of Black Beard I Hand to the mouth of South Newport River; from thence up
Bull Town Swamp, to the mouth of Big Mortar Swamp, from thence to the head
thereof; and from thence a due weft courfe to the fouth branch of the Alatamaha,
. thence down that branch of the Alatamaha which empties itfelf at the north end of Lit-
tie St, Simon's Ifland, to its mouth, and from thence along the fea-coaft, to the north end
of Black Beard Ifland; which faid county fhall be called and known by the name of
6t M'Intofh."
10 Appoints commiflioners to fix on a place for court-houfe, Sec. Obfolete.
11. And be it further enabled by the authority aforefaid, That the juftices of the in-{ofcomraCaUfdv
ferior court of the county of M'lntofh to be hereafter appointed, are hereby autho- dings, laycouri-
rized and empowered to contraft with proper perfons to undertake and completely ty tax' c'
finifh a court-houfe and jail for faid county, on fuch plan as they may think proper,
and the faid county court may raife by tax, to be by them levied, a fum which fhall
not exceed two hundred and fifty pounds, to be applied as aforefaid.
12 Afcertains the reprefentation of the county—repealed by aft of 1799.
13 Refpefts fuits commenced previous to the divifion. Qbfolete.
14 Provides a temporary place for holding courts in faid county. Obfolete.
15. And be it further enacted by the authority aforefaid, That one new county fhall
be laid off from the county of Chatham, in manner following: beginning at defined>
the tnouth of, and running up and with the meanders of Midway River to the conflu-
ence of Mount Hope Swamp; from thence in a direft; courfe along the old line, divi-
ding the parifh of St. Philip's from St. John's, until it ftrikes the river Canouchee;
from thence up the main ftream of faid river, until it ftrikes the Wafhington line;
. from thence in a dire £1 line acrofs to the mouth of Black Creek, on Ogechee River;
thence down the faid river to its mouth; thence with the fea-coaft to the mouth of
Midway River; which faid county fhall be called and known by the name of u Bryan."
.16 Appoints commiflioners to fix on a place for court-houfe, See. Obfolete.
17, And be it further enabled, That the juftices of the inferior court for the county tofconTrfaUfor
of Bryan, to be hereafter appointed, are hereby authorized and empowered to con- kbun-of
; traft with proper perfons to undertake and completely finifh a court-houfe and jail for StytouxY,
faid county, on fuch plan as they may think proper; and the faid county courts may &c'
raife by tax, to be by them levied, a fum, which fhall not exceed.two hundred and
fifty pounds, to be applied as aforefaid.
18 Afcertains the reprefentation to betaken from Chatham,repealed by aft of 1799.
19 Refpefts fuits commenced previous to the divifion of the county. Obfolete.
20 Provides a temporary place for holding courts. Obfolete.
21. And be it further enacted by the authority aforefaid, That a new county fhall Montgomery
be, and is hereby laid out and taken from the county of Wafhington in the following andStel011'
manner: firft, by a line beginning at Carr's Blu If, on the Oconee River, and run-
ning along the Uchee Path, to the place where faid path crofles Williamfon's Swamp;
; thence in a direft line to the Ogechee River; thence down the faid river to the Ef-
fingham line; thence along faid line to where it ftrikes the line of Liberty county;
thence along faid line to the Alatamaha River; thence up the faid river to the conflu-
ence of the Oconee and Oakmulge rivers; thence up the Oconee River to the be-
ginning; which faid county fhall be called and known by the name of " Montgomery."
22. And be it further enabled by the authority aforefaid, That the county furveyor IjJjj
of Wafhington fhall be, and he is hereby appointed to rum and plainly mark the faid marked?am
i63
COUNTIES, COURT-HOUSES AND JAILS.
direft line, from the place where the Uchee Path croffes Williarrifon's Swamp, to the
Ogechee River*
23 Direfts magiftrates then in office to aft* till the adjournment of the next
■ General Affembly; Obfolete.
24 Provides for fuits commenced previous to the divifion. Obfolete.
25 Appoints commiffioners to fix on a place for the court-houfe, and provides
a temporary one; Obfolete;
26 Prefcribes the mode of choofing clerks and other officers in the new counties*
Obfolete, See a€t of 4th December, 1799, feft. 2.
WILLIAM GIBBONS^ Speaker of the Houfe of Repreferit*ativ'e$i
BENJAMIN TALIAFERRO* Prefidtnt of the Senate,
GEORGE MATHEWS, Governor.
December 1.793.
jin act to divide the county of Franklin*
? ckson count ^ ACTED b &e Senate and Houfe of Reprefentntivts of the flute bf
^out anii U Georgia in General Affembly met, and by the authority of the fame, That all
that part of the county of Franklin lying and being within the following limits, {halt
form one other county, and fhall be called and known by the name of66 Jackfon,"
that is to fay : The line dividing the faid county of Jackfon from the county of Frank-
lin {halt begin on the fouth fork of Broad River at the place where it interfe&s the
counties Of Oglethorpe and Elbert, from thence it {hall run up to the head or fourceof
the middle fork, it being the main ftream ; from thence fouth forty-five degrees weff
to the main ridge which divides the waters of Broad River from the waters of the Qoo-
nee ; thence alOng the faid ridge to the temporary or weftern line of Franklin county f
and all that part of Franklin lying and being fouthwardly of the aforefaid line, {hall be,
included and comprehended in the cOunty of Jackfon; and the remaining part of
faid county {hall retain the name of " Franklin."
2. Appoints commiffioners to fix on a place for the court-houfe-^-repealed byafl
of 2d February, 1798—and alfo fixes on a temporary place for holding courts;
Obfolete: _
Inferior court 3' And be it further enaBedby the authority aforefaid, That the juftices of the iftfe-*'
ercavpubncxt0 rior court of the faid county are hereby authorized and empowered to levy atax* not
buildings; exceeding one fixth of their general tax, on the inhabitants and taxable property*
within the fame, for the putpofe of erefling a court-houfe and jail, as aforefaid;
which fhall be done in fuch manner as in the judgment of the court fhall be leaflt
burthenfome to the inhabitants.
Wvidmgnne 4. And be it further enabled by the authority aforefaid, That Malaehi Jones fhall be^
Aurkeii. and he is hereby appointed to run the lines of the faid county, and that the charged
thereof fhall be paid by the inferior court of the county, to be levied as in this a£t
dircfled.
5 Afcertains the reprefentatibn~—repealed. See a£l of 1799.
THOMAS STEVENS, Speaker of the Houfe of ReprefentaiivesY
BENJAMIN TALIAFERRO, Prefident (f the Senate;
Concurred February 11, 1796.
- JARED IRWIN, Governor;
COUNTIES, COURT-HOUSES AND .JAILS.
169
An abl for laying out a new county from that part of Scriven th(tt lies fouth of Ogechee-
River and part of Bryan county.
RE ^ ENACTED by the Senate and Houfe'of Reprefentatives of the fate o/'suiiock corner
JL3 Georgia in General Affembly met, and by the authority of the fame, That one defined.and
new county {hall be, and is hereby laid out from the counties of Scriven and Bryan,
in the following manner and form, to wit, to begin at John Lanier's including the fame
on Ogechee River, thence a dire'ft line to bedrawn to where Lott's Creek empties in-
to Canouchee, thence up Canouchee to the Montgomery line ; thence along the faid
line to Ogechee River ; thence down the faid river to the beginning ; which county
fliall be called and known by the name of " Bullock."
2. And be it further enacted by the authority of or efaid, That the coiinty furveyor of£mdhisHne
the laid county {hall be, and he is hereby appointed to run and plainly mark the arti-BWited-
ficial line, agreeably to this aH for the aforefaid coilnty of Bullock, and the county fur-
veyor fliall be allowed by the county court of the laid county, a reafonable compenfa-
tion for fuch fervice, to be levied on the faid county, and {hall be fubjeft, when col-
le&ed, to the order of the court for the purpofe aforefaid.
3 Appoints.commiffioners to fix on the place for holding courts, See. and alfo
appoints a temporary feat for the court-houfe—-repealed by a£l of 1799.
4 Afcertains the reprefentation to be taken from Bryan—repealed by aft of 15th
February, 1799.
5. And be it further enabled by the authority aforejaid, That the ju dices of the infe- JotevyTcoui
rior court be, and they are hereby empowered to levy a tax upon the inhabitants of ^t!lx
the faid county for the purpofe of erehing a court-houfe and jail w ithin the fame.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident ef the Senate,
Concurred February 8, 1796.
JARED IRWIN, Governor.
An abl to lay off a new county out of part of the counties of Burke and Warren, for divi-
ding the county of Wilkes, and for other purpofes therein mentioned.
1. T) E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate °fleSaumtom.
-13 Georgia in General Affembly met, and it is hereby enacted, That a new county tdyel^doat*ad
Ihall belaid off out of part of the counties of Burke and Warren, in manner and form
following, to wit, beginning at Hargrave's bridge on the river Ogechee, from thence
running in a direft line to Pegg's old field, thence in a direfi. line to Ballard's mill,
thence in a dire£t line to the Chickafaw bridge or ford on Brier Creek, thence up the
Bream of the faid creek to Harris' bridge ; thence on a direQ: line to the mouth of Big
Creek, where it makes a confluence with the river Ogechee aforefaid, thence down
Ogechee to the wefiern line of the Big Survey, thence aerofs Ogechee River a diredl
line to run to the mouth of the firfi branch above Vivion's bridge on Williamfon's
fwamp, thence acrofs faid fwamp in a direft line to where the Sunbury line flrikes the
Montgomery line, thence down the faid road to the Hurricane, thence along faid
-Hurricane ^aftwardly to Williamfon's fwamp, thence down the faid fwamp to Reu-
' • . Y-
i?o "COUNTIES, COURT-HobsES AND JAILS.
hen Hargrave's bridge the place of beginning; which county fhall be called and known
by the name of" Jefferfon."
to belli and* 2* it further enabled, That Richard Grey of Warren county be, and he is
jwwked, hereby appointed, authorized and required to run and plainly mark out the lines here-
in before defignated,; arid that the juflices of the inferior court to be appointed for
the faid county of Jefferfon, be, and they are hereby authorized to levy a tax on the-
people of the faid county for defraying the expences thereof, as well as for the buil-
ding a court-houfe and jail in the faid county, which tax fliall not exceed one fixth
part of the general tax'of the faid county.
.Commissioners 3. And be it further enabled, That Michael Shelman, John M. Sterret, Chefleyf
^Jlouse and jail. Boflwick, jun. John Barron and John Parfops, fliall b.e, and they are hereby ap-
pointed confmiffioners for erefting a court-houfe and jail as aforefaid, which faid corn-
miflioners or a majority of them, fliall have full power to contract for the buildings
and completing the fame, . - .
^ ^ it further enacted, That the permanent feat of public buildings in the court-
waswldgtonin ly Wafliington, fliall be in the town of Sanderfville, it being the place where the
tounty. court-houfe and jail of faid county do at prefent hand.
jeffersos courts 5. And be it further enabled, That the place of holding courts and elections' for the •
I'ouisvmi1" county of Jefferfon, fliall be in the town of Louifville, in the houfe of Jofeph Cheers,
until a court-houfe fliall be erefted as aforefaid.
6 Afcertains.the reprefentation to be taken from Warren—repealed by aft of 15th
February, 1799. .
7 Appoints new commiffioners for Warren county, with power to fix on a place'for
the court-houfe, Sic. and appoints a temporary one—-repealed by act of 1797.
Lincoln county 8. And be it further enacted, by the authority aforefaid, That one other new county
JfefiB°e^and fliall be laid out from the county of Wilkes, in the following manner and form, to
wit, beginning at Rae's mill on Little River, running adireft line; from thence to—^
Zimmerman's, on the road leading from the town of Wafhington to Barkfdale's ferry ,
on Savannah, from faid Zimmerman's a direft line to Drury Cade's mill, on Broad
River, from thence down Broad River to its mouth, thence down Savannah River to
the mouth of Little River, thence up Little River to the beginning : which faid coun-
ty fliall be called and known by the name of " Lincoln."
9 Appoints perfons to fix on a place for a court-houfe, Sec. repealed by aft of 2d
February, 1798; and alfo appoints a temporary one. Obfolete.
Inferior court 10. And be it further enabled, That the juflices of the inferior court of the faid
ty|/xy,anduen-* county to be hereafter appointed, fliall be, and they are hereby authorized and ehi-
powered to levy a tax on the faid county of Lincoln; which tax fliall not exceed
one half the general tax; and the faid juflices are hereby authorized and empowered
to contraft with fome perfon or perfons, to build and completely finifh the afore-
faid public buildings on fuch plan, and in fuch manner as they may direft; taking care
to take good bond and fufficient fecurity of fuch undertakers, in double the amount to
be paid for fuch public buildings, for the faithful performance of their duty.
11 Provides for fuits commenced previous to the divifion. Obfolete.
12 Afcertains the reprefentation to be taken from Wilkes—repealed by aft of
15th February, 1799.
foXn'an" 1^m & further enacted, That the furveyor of the county of Wilkes, is"
*ia»k«d. an hereby direfted and required to run and plainly mark the lines defcribing the afore-
faid county of Lincoln from Wilkes county, for which fervice lie fliall be allow-
COUNTIES,,CDmT-HOUSES AND JAILS. 171
ed the fum of twenty-one dollars, to be levied on and collefted from the county
of Lincoln, under the direftion of the county court thereof.
.! THbMAS STEVENS, speaker of the 'Jfoufe of Reprefentalivcs.
.■'BENJAMIN TALIAFER'RQ. Ptefidenl of the-Senate.
■ Concurred February 20, 1796.
jARED IRWIN, Governor.
fc « * V i i i 4
^4n act fof buildingAnd keeping in repair the court-hovfes and jails in the refpiblivc.
, counties within this fate^ and for the fupport of the /poor.
i. TIE IT ENACTED by the Senate and tioufe of Reprefentatives of the fate of Inff- inr courk
'• i J Georgia in. General Afjembly met, and by the authority of the fame, ,That from keep in repair
and after the palling of this aft, the julfices of the inferior courts of every county andjaiiV.
"within this {fate, in their refpeftive counties, fhall caufe to be erefted and kept in
good repair (or where the fame lhall be already built) lhall maintain and keep in
good repair, at the Charge of fuch county, one good and convenient court-houfe
of Hone, brick or timber, and one fufficient jail, with the neceffary apartments for the
Fafe keeping of criminals and debtors, well fecured with iron bars, bolts and locks, and
Fnall caufe to be erefted contiguous thereto, one pillofy, whippingpoft and flocks.
2. And be it further enabled by the authority aforefaid, That the inferior courts shalI suPeruv
in each county fhall have full power and authority at all times to enquire into the
ofjails,and coii-
conduft of jailors, and the ftate of jails in their refpeftive counties, and on negleft and issue exe-
; of duty to caufe fuch jailors to be removed by an order to the flier iff for that purpofe; ^konsSn-
and the faid courts fhall have full power and authority to call on all perfons, their nks?nuthcirms"
heirs, executors or adminiftrators in their refpeftive counties, who have had, or may m s*
have county monies in their hands, collefted for the exprefs purpofe of building
Court-houfes and jails, or for any other county purpofe whatever; and in cafe of
negleft or refufal to pay the fame, the faid court fhall and are hereby required to
caufe executions to be iffued for the full amount appearing to be due, in the fame
manner as the treafurer is authorized by law to iffue executions againfl the defaulting
collectors of taxes in the different counties; and fuch monies when collefted," may And apply th*
be applied by fuch court, to the ufes and purpofes of building and repairing court- ^rfPj£|,s
houfes and jails. ' andjaiis.
. 3. And to enable the juftiCes of the inferior courts to carry the intention of this aft Maylevyil
Fully into effeft: Be it further enabled^ That the faid county courts be, and they aretheSSofxfof.
hereby authorized and empowered to levy a tax on their refpeftive counties, which jails, the sup- .
tax it fhall be the duty of the colleftor of the general tax, to colleft and pay into and erection oi
the hands of the clerks of fuch courts, he firft giving bond with approved fecurity nQsej'
to fuch court, for the faithful colleftion and payment of the faid tax, at any time he
fhall or may be required by the faid courts fo to do : Provided always, That the Tax not to ex-
tax to be levied by fuch courts as aforefaid, lhall not exceed one fourth part of the of the general
general tax, which faid monies fo affeffed and collefted as aforefaid, fhall be fub-
jeft to the order of the county courts, one half to be applied to the ufes and pur-
pofes aforefaid, and the other to the fupport.of the poor and building bridges, and
the colleftors fhall be allowed the fame commiffions and fees for fuch colleftion as
its allowed by law for the colleftion of the general tax, and lhall be liable to the fame
2
172 COUNTIES, COURT-HOUSES ANE) JAILS.
fines and forfeitures, for any default, negleft or improper conduft; which faid fines
and forfeitures may be impofedby the county court of each county, at their difcretion-
Sdmoneyl- 4' And be itfather enabled, That all monies that now are, or may hereafter come,
safesof"estrays into the hands of the clerks of the fuperior or inferior courts, by fines, or forfeitures,
tllSeatpur.t0 and all money arifing from the fale of eftrays, are hereby made liable and fubject to
rw4C' the draught, or order of the feveral county courts to be appropriated and applied as
aforefaid, either in the building or repairing court-houfes and jails, or to the fupport
of the poor and building bridges, at the difcretion of fuch court:.
5 Fixes on a permanent place for the court-houfe Szc. for the county of Bryan,
and alfo a temporary one repealed by aft of ill February, 1797.
u*nT?oun?r 6. And be itfurther enabled, That ail laws, or parts of laws, claufeor claufes here-
taxes repealed. tofore mac[e5 or fuch part thereof as authorize the county courts of this date to levy
chathamcoun-a tax for county purpofes, be, and the fame are hereby repealed. Provided, That
flom this aeato nothing in this a£t contained fhall extend or be conftrued to extend to have opera-
a certain ex- O «- .-n • /- i rr n, i • • i
*nt» tion in the county of Chatham, fo as to repeal or afreet any law appointing the mayor,
aldermen of the city of Savannah, commiffioners of the court-houfe and jail in the faid
county.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 21, 1796.
JARED IRWIN, Governor.
An abl to efablifi and make permanent the feat of the public buildings in the county of
Columbia.
andjaliTnco* IT ENACTED by the Senate and Houfe of Reprefentatives of the fa.teof
jumbia. J3 Georgia in general affembly met, and by the authority of the fame, That the
feat of the public buildings in the county of Columbia, as far as relates to the court-
houfe and jail therein, fhall be on that public lot of land, on the northweft margin
of the Big Kiokee Creek, which was conveyed by William Appling, to the commiffi-
oners of the court-houfe and jail, it being the lot of land on which the aforefaid build-
ings do now ftand.
Academy to bo 2. And be it further enacted. That the feat of the academy fhall be at fuch place
^court-hoiwe. as the commiffioners of the Columbia academy or a majority of them fhall deem pro-
per : Provided, fuch place be within one mile of the aforefaid lot of land.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives*
BENJAMIM TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
November 29, 1794.
An abl, to alter the prefent boundary "lines of the feveral counties therein mentioned*
liam added to 1-TiE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Georgia in general affembly met, That all that part of Effingham county, fouth
of Ogechee River, be, and the fame is hereby declared to be added to Bryan county.
COUNTIES, COURT-HOUSES AND JAILS.
173
2r. And whereas certain doubts have arifen refpefifing the boundary lines of the KtSd0/-
county of M'Intofh, and inafmuch as the fame are uncertain and indefinite: Be it^'cd'
enacted, That the true conftru&ion of the aft layi-ng off the county of MHntofh,
as refpefts the boundaries of the fame, is and fhall be in manner following, viz.
from the north end of Blackbird Ifland to the mouth of South Newport River;
from thence up Bull Town Swamp to the mouth of Big Mortar Swamp; thence
along the fouthern margin of the main Bull Town Swamp, to the head or fource
thereof; from thence a northwefl courfe to the old boundary line; and thence along
the fame to the Alatamaha River; down the faid main ftream to the fouth branch
thereof; thence down that branch of the faid river, which empties itfelf at the north
end of Little St. Simon's Ifland, to its mouth; and from thence along the fea-coafl
to the north end of Blackbird Ifland.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prejident of the Senate.
GEORGE MATHEWS, Governor.
December 16, 1794.
An act for adding part oj Greene county to Oglethorpe county, and for other purpofes.
BE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate ofPirt of Greetlft
Georgia in General Affembly met, That all that part of Greene county, con-^Jet>o0s!'s*
tained in the following boundary, be added to Oglethorpe county—beginning at the
Cherokee Corner; thence along the line dividing Franklin from Greene to the Oco-
nee River; thence down the faid river to the mouth of Falling Creek; thence north
fixty degrees eaft, till it fhall interfeft; the line running from the head of Ogechee to
the Cherokee Corner. And that the county furveyor of Oglethorpe be directed, Dividing i;.1c
... . 1 r ■ 1 1 * t0^e run in
within two months, to run the laid line. two mentis.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate,
GEORGE MATHEWS, Governor.
December 25, 1794.
An act to efablifh and make permanent the feat of the public buildings in the counties
of Scriven and Bryan.
1. TIE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of c ommiss;onei3
tl Georgia in General Affembly met, and by the authority of the faine. That the °ndjInVAlouscr
feat of the public buildings in the county of Scriven, fo far as relates to the court-Scnven'
houfe and jail, fhall be in the centre of faid county, or fuch other place as may be
adjudged moil convenient for the citizens thereof, by James H. Rutherford, Fran-
cis Jones, Martin Martin, Anthony Burnell, fen. and Stephen Pearce, or a majority
of them.
2. And be it further enaHed^ That the faid James H. Rutherford, Francis Jones, Shall has<.
Martin Martin, Anthony Burnell, fen. and Stephen Pearce, or a majority of them,
fhall be, and they are hereby fully authorized to purchafe, or otherwife procure, a
t7i COUNTIES, COURT-HOUSES AND JAILS.
tide in fee fimple for fucb lot of land as they* 6r a majority of them, fliall judge
mod convenient for the feat of the aforcfaid public buildings, containing not lei's
than five, nor more than fifty acres, in truft, to and for the ufe of the faid county
of Scriven, and to let the building of a court-houfe and jail thereon to the loweft
bidder, firft giving twenty days' public notice of fuch intentions.
t*»°behcidTn'c 3' ^ further enabled, That thehoufe of Benjamin Warren, fhall be confidered
fLmeantime. a$ the court-houfe of the aforefaid county, until the aforefaid buildings fhall be corti-
pleted, and no longer; and that all monies tvhich fhall be neceffary to carry this aft
into execution, fhall be provided for by the inferior court of the aforefaid county,
by expofing to fale fuch part of the foregoing lot of land as they may think proper, or
otherwife,. purfuant to an abl in fuch cafes made and provided,
infcriorwurte 4. And be it further enabled, That the juftices of the inferior couit in the county
£a|ofthe^ui>-°f Bryan fhall be, and they are hereby authorized and empowered to make perma-
Bryan county. nent the feat Qf the public buildings in the faid county, at the crofs roads, about two
miles from Ogechee bridge, or at any other place within half a mile of the faid crofs
roads, any law to the contrary thereof in any wife notwithftanding. And that the juf-
tices of the inferior courts for the faid county of Bryan, be, and they are hereby em-
powered to make purchafe for groiind fufficient for that purpofe: Provided the fame
fliall not exceed two acres, and that the fame be taken at a valuation of a majority
of the faid juftices.
DAVID MERIWETHER, Speaker of the Iloufe of Reprefefltatives,
DAVID EMANUEL, Prejident of the Senate.
Concurred February 1, 1797.
JARED IRWIN, Governor*
»••• 4 4 • &
An att for fixing permdnenlly the feat of the public buildings in the county of Mcnh
gomery.
WHEREAS in and by abf of the4egiflature of this ftate paffed at Augufta in the
year of our Lord one thou fan d feven hundred and ninety r-three, entitled "Ail
StaSap?«ea®" *°r layin§ out feveral counties herein after named it was enabled, that Solo-
mon W°0d5 John Watts, Francis Pugh, Bejamin Harrifon, and Jeffe Embry, be ap-t
grtjicbuHd- pointed commiflioners for fixing on a proper place to erebl a court-houfe and jail in
the county of Montgomery, and until fuch buildings be eretled, the courts fhould be
held at the houfe of William Neal: And whereas, it now appears by the reprefenta-
tives of the faid county, that the buildings are prepared for that purpofe at the planta-
tion of Arthur Lott on the Ohoofice, being the place affixed on by the aforefaid com-
miffioners.
iTeseItLott's Be it therefore enabled bp the Senate and Houfe of Reprefentdlives of the fiate of Geor-
gia in General AJfembly met, That the courts, eleblions, and other county bufinefs,*
be hereafter tranfabled at the plantation of the faid Arthur Lott.
DAVID MERIWETHER, Speaker of the Houfe of ReprefentativtSi
DAVID EMANUEL, Prejident of the Senate.
Concurred February 8, 1797.
JARED IRWIN, Governor.•
COUNTIES, COURT-HOUSES AND JAILS.
*75
An aB to efiablifh and make permanent the feat for public buildings in the county of
« Warren.
l. T>VE IT ENACTED-#? the Senate and Houfe of Reprefentatives of the fate ofVcm?r^ tse,t
-13 Georgia in General Affembly met, and by the authority of the fame, That the per-
manent feat for the court-houle and jail in the county of Warren fhall, and is hereby
declared to be, on a lot or parcel of land, on the plantation whereon Starling Gard-
ner now refides, which was pointed out and agreed upon by the late commiffioners
appointed for that purpofe. Provided, That faid Starling Gardner fhall, within three
months after the paffing of this aft, well and truly execute and deliver a deed in fee
fimple, for feven acres of land, to be conveyed to the faid commiffioners, herein af-'
ter named and their fucceffors in office, to, and for the ufe of the faid county, to be
laid out in lots, and appropriated as the faid commiffioners may direft, fo as to carry
into full effeft a contraft heretofore made between the commiffioners of the faid coun-
ty and the faid Starling Gardner.
2. And be it further enabled, That the jultices of the inferior court of the faid coun- Inferior court
ty and their fucceffors in office, are hereby declared to be commiffioners of the court-
houfe and jail of the county aforefaid, and they or a majority of them are hereby
authorized and fully empowered to let the fame to the lowed bidder, after giving
thirty days' notice in three or more public places in the faid county, on fuch plan as
they may think proper, any law to the contrary notwithftanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate.
- Concurred February 27th, 1797.
JARED IRWIN, G overnor.
An aB to repeal and amend an act entitled 66 An aB for laying out a new county from
tliat part of Scriven that lies fouth of Ogechee River and part of Bryan county " fo
fair as refpeBs the public buildings of Bullock county, for appointing comrfiffioncrs of
the court-houfe and jail, and fixing on a permanent place for their efiablifhment.
*."QL IT ENACTED by the Senate and Houfe of Reprefentatives of the (late ofcommissioncw
JLJ Georgia in General Affembly met, and by the authority of the fame, That Drury permanent test,
Jones, Andrew E. Wells, Stephen Denmark, Jofeph Rogers, and John Cook, be, f^finBul"
and they are hereby appointed commiffioners, with full and ample powers to point
out and fix upon the molt fuitable and convenient place in the county of Bullock,
for erefting a court-houfe and jail thereon, and fuch place to be agreed on by them,
or a majority of them, fhall and the fame is hereby declared to be the permanent feat
of the court-houfe and jail for the faid county of Bullock.
2. And be itfurther enaBed, That from and immediately after the expiration of the wniiamrietcft
time appointed for holding the next term of the fuperior and inferior courts in and temporarr
for the faid county of Bullock, the fame fhall be held at the plantation and houfe of
William Fletcher, the fame being theprefent inoft fuitable place, until a permanent
place be fixed on, and a court-houfe and jail be erefted in purfuance of this ah, any
thing contained in or done in virtue of the before recited aft to the contrary notwith-
ftanding, which faid before recited aft is hereby repealed, fo far as relates to the ob-
jefls of this aft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the .Senate,
Affentedto February 16, 1799. ;
' JAMES JACKSON, Governor,
176
COUNTIES, COURT-HOUSES AND JAILS.
An act for adding a part of Oglethorpe to Greene, and a part of Greene to Oglethorpe.
1. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia in General AJJembly met, and it is hereby enaBed by the authority of
Line dividing the fame, That a line fhall be run, beginning where Oglethorpe county ftrikes the
tiesdetiued!11" river Ogechee; from thence along the line dividing Wilkes and Oglethorpe to Ar~
mour's ford on Little River; thence up the river to Sill's fork; from thence a direti
line to the academy meeting-houfe; and from thence in a ftraight line to the mouth pf
Falling Creek, on the Oconee River.
ah to the soutu 2. And be it further enaBed, That all that part of Oglethorpe, fouth and fouthweft
and southwest r • 1 1 • 1 11 1 r 1 •
did8 to Greene", aforefaid line, be added to Greene; and all that part or Greene lying north of
sKo^ogS1^ aforefaid line, be added to Oglethorpe, and that the county furveyor of Oglethorpe
thorpe. ke <5ire£ted to run the faid lines as foon as may be. And each of the aforefaid coun-
ties to pay an equal proportion of the expence.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefiient of the Senate.
AEfented to February 16, 1799.
JAMES JACKSON, Governor,
An aB to amend an aB for adding part of Oglethorpe to Greene and part of Greene
to Oglethorpe.
1.13 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Gwmrad18 Georgia in General AJfembly met, and by the authority of the fame, That the line
ogiethorpe de- dividing faid counties of Greene and Oglethorpe, fhall begin at the mouth of Sill's
fork of Little River; from thence to Richard Parker's houfe; from thence up the
main fource of Little River to Clay's bridge; from thence to Jofeph Moore's, fo as
to leave Robert Ruflel and Alexander Cumming's in Oglethorpe; from thence a
ftraight line to the mouth of Falling Creek, on the Oconee River.
2. And be it further enaBed, That all the above recited ad which militates againft
this law is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, PreJident of the Senate.
Affented to November 30, 1799.
JAMES JACKSON, Governor.
An act for the better regulating the admeafurement of lumber within this fate, and
for other purpofes,
.1, 2, 3, 4 and 5 Se&ions of this a£l regulating the admeafurement of lumber, re-
pealed by a6I of 1799.
commisiioners 6. And be it further enaBed by the authority aforefaid, That fo much of an a8: paf-
manen|s^t'of fed in the year of our Lord one thoufand feven hundred and ninety-fix, fo far as
|ngsJ^LUi»«>iD refpefts the appointing of commiffioners for fixing on a fpotfora court-houfe and jail,
in the county of Lincoln, be, and the fame is hereby repealed; and that Ifaac Ave-
ry, John Winnea Duncan Bohannon, John Mofs, and John Lockhart, be, and they
COUNTIES, COURT-HOUSES AND JAILS.
177
are hereby nominated and appointed commiffioners for fixing on a fpot for the court-
houfe and jail in the county of Lincoln ; and that a determination of the faid corn-
miffioners, or a majority of them, (hall be binding in all cafes refpe&ing the fixing,
.the court-houfe and jail for the faict county, any law to the contrary notwithflanding.
8. And be it farther cnaBed by the authority afor if aid, That fo much of an aft paf-Andfor tr.e
fed in the year of our Lord one thoufand feven hundred and ninety-fix, fo far as ref-
peftsthe appointing of commiffioners for fixing on a fpot for a court-houfe and jail in
the county of Jackfon, be, and the fame is hereby repealed ; and that lames Cun-
ningham, Owen I. Bowen, Thomas Barren, Jofeph M'Cutching, Abfalom Ramey,
Mat thew Stone, and Micajah Binge, be, and they are hereby nominated and appoint-
- ed commiffioners for fixing on a fpot, for the court-houfe and jail in the county of
Jackfon j and that a determination of the faid commiffioners, or a majority of them,
ffiall be binding in all cafes refpefling the fixing the court-houfe and jail for the faid
county ; any law to the contrary notwithflanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives*
DAVID EMANUEL, Prejidenl of the Senate.
Alfented to February 2, 1708.
J AMES JACKSON," Governor,
An aB it) efablifh a town in the county of Scriveti,
i.Tp&E IT ENACTtED by the Sen&te and Houfe of Reprefentatives of tkefateof
13 Georgia in General Affembly met? and it is hereby enaBed by the authority of the
fame, That all that traQ: of land which was conveyed by Solomon Grofs, efq. to the jacks0nbo4
inferior court of Scfiven county for public purpofes containing fifty acres on the wa-
and confirmed',
ters of Beaver Darn Creek, (it being the feat of the public buildings in the faid county) thepub?icwtof
(hall Tie, and the fame is hereby confirmed as the feat of public buildings of Scriven scr!vcns.sin
county, and ffiall in future be known by the name of" The town of Jackfonborough."
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives
ROBERT WALTON, P ref dent of the Senate.
Alfented to February-i6, 1799.
JAMES JACKSON, Governor-.
i '• i ® !» e * o
■AnaBfor vefkihg certain powers in commiffioners to pur chafe lands, and fuperintend
the building a court-houfe and jail in Bullock county.
i. l3(E IT ENACTED by the Senate and Houfe of Reprefentatives of the Rate of commissions
■ • «tDPi)intcd to
JLJ» Georgia in General Affembly met, and by the authon^ty of the fameThat J o feph ^TAVVfor
Rogers, Drury Jones, Stephen Denmark, John Cook, and John Everett, be, and
they are hereby appointed commiffioners veiled with full power to contradl for and ^t»°^-rta
receive on the part of the county of Bullock not exceeding one hundred acres of land, ^hreaJ)ubiic
for making permanent the feat of public buildings and to fuperintend the building a buiWil,sL
Court-houle and jail thereon, and that they draw on the treafury for any monies that
how is, or may beffiereafter appropriated for building a court-houfe and jail in the
17S
DAMS, RICE.
county aforefaid, and that in the interim the courts (hall continue to be held and oth-
er public bufinefs tranfafted at the houfe of William Fletcher ; any law to the con-
trary notwithflanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejiient of the Senate.
Affented to December 5, 1800.
JAMES JACKSON, Governor.
DAMS, RICE.
An aH to prevent damages arifng from dams or banks, andfor preventing perfons from
flopping the natural courfe or courfes of water, to the injury of their neighbors. 1
vrcambif. i. T If THERE AS it hath become a praftice for perfons to make dams or banks for
V V the referving or (lopping of water, and at unfeafonable times to let off the
water fo (lopped or referved, to the manifeft injury of their neighbors; -to prevent
no personshaii therefore, fuch injuries for the future, Be it enaBcd, That from and after the paffing
courses as to of this aft, no perfon or perfons whomfoever, (hall be permitted or allowed to make
gafn'sttheira" or keep UP any danis or banks to (lop up the natural courfe of any water or waters,
•ensent. fQ as to overflow the lands of any other perfon or perfons, without the content of
fuch perfon or perfons being firfl had and obtained ; nor (hall any perfon or perfons
whomfoever, (top or prevent any water or waters from running off any perfon or per-
fons' held, whereby fuch perfon or perfons may be prevented from planting in feafon,
or receive any other injury whatfoever; nor fo as to turn the natural courfe of any
water or waters, from one channel or fwamp, to another, to the prejudice of any
neighbor or neighbors, or any other perfon or perfons whomfoever.
j,eacftSo°sum- 2* And be itfiirther enabled, That in cafe any perfon or perfons (hall make or
hoMersvtofde-* keep up any fuch dams or banks, to the injury of any other perfon or perfons, by over-.
terTcompiaiii- flowing their lands as aforefaid, upon complaint made thereof by the party injured,
sdof' to any juflice of the peace for the dillrift where the offence (hall be committed, ftfch
juflice (hall be, and he is hereby fully empowered, authorized and required, to fum-
mon five free holders of the faid dillrift, one of whom (hall be named by the faid
juflice, and two by each of the parties; and fuch free holders, being firfl (worn be-
fore fuch juflice to determine the matter juflly and impartially, (hall forthwith pro-
ceed to view the faid banks and dams: and the damage complained of, and immedi-
ately certify the matter as they (hall find it, under their hands, to the faid juflice; and
in cafe an award fhall be given in favor of the complainant, the faid juflice (hall im-
mediately make an order to cut open the bank or dam, in fuch manner as to prevent
any further damage, the expence whereof, and all other expences attending the profe-
cution, to be paid by the offender,
a-certaineiiby 3* And ^further envied, That in cafe any damage (hall have been already fuf-
ahfpaidhb0ydtehe tained by the complainant, either by fuch dams or banks being kept up, or by letting
pending par- 0ff any referved waters, the faid free holders fhall, upon view thereof, afcertain and
certify the fame, under their hands, to the faid juflice, which damages fo afcertained
the offender fhall immediately pay and fatisfy, to the party grieved, and in cafe of
negleft or refufal fo to do in ten days, the faid damage, if it does not exceed the fum
of eight pounds, fhall and may be recovered in the fame way as ffebt and damages
DAMS, RICE.
*79
ayS direfted to be recovered and levied by the aft, entitled u An aft for the more
eafy and fpeedy recovery of fmall debts and damages;" and in cafe the faid free hold-
ers fhall be of opinion that fuch damages do exceed the fum of eight pounds, then
fuch damages fhall and may be recovered in any court of record in this province in
ihe ufual manner: Provided always, That nothing in this aft fhall extend or be con-provi*.
ftrued to fubjeft any perfon or perfons who fhall have made or caufe to be made,
or fhall make or caufe to be made, any banks or dams, to referve or ftop water, to
pay any damages which maybe fuftained by breaking of the faid dams or banks,
when occafioned by violent rains or floods, or when there may be an abfolute necef-
fity for cutting the. faid dams or banks to prevent the breaking of the fame; and in
cafe any free holder fhall negleft or refufe to obey the fummons of the juftice, or
any other matter herein direfted, fuch free holder fhall (unlefs he can make a reafon-
able excufe) forfeit a fum not exceeding five pounds, nor lefs than forty fhillings, to
be fued for and recovered by the aft, entitled " An aft for the more eafy and fpeedy
recovery of fmall debts and damages," and to be applied, the one half to the inform-
er and the other half to his majefty, to be paid into the hands of the treafurer, for
fuch ufe and purpofes as the General Affembly fhall think proper.
4. And be it further enabled, That the free holders fhall each be allowed for their eompMsww.;
trouble and attendance herein, the fum of five fhillings for each day's attendance oners.e iee 0
the fame, to be paid by the party or parties offending.
5. And be it further enabled, That in cafe any perfon or perfons whomfoever fhall svie&
be fued ox impleaded for any matter or thing committed or done in purfuance of the this a<ft, may.
-direftions of this aft, it fhall and may be lawful for fuch perfon or perfons to pleadSuiS?8611*'
the general iffue, and give this aft and the fpecial matter in evidence; and in cafe the
plaintiff fhall become non-fuit, fuffer a difcontinuance, or a verdift fhall pafs againft
him, the defendant fhall be allowed dpuble cofls.
6. And be it further enabled, That this aft fhall continue and be in force for the Coatiau!ltloH.
term of three years, and from thence to the next feffion of the General Affembly,
and no longer.*
WILLIAM YOUNG, Speaker.
JAMES HABERSHAM, Prefdent.
September 29, 1773.
JAMES WRIGHT.
'* See ad of 1787.
An abl to regulate the Opening of dams acrofs Rice grounds, and the making and keeping
dams for the refervoirs of water,
1. "V 71 THEREAS the praftice of making and keeping up dams, acrofs Rice grounds
V V for the purpofe of referving water thereon during the winter, and the want
of a proper law to afcertain the time when the fame ought to be opened, has been
attended with many inconveniences, and often times is the caufe of much contention;
for remedy whereof, Be it enabled by the freemen of the fate of Georgia in General Riced^t*
Affembly met, and by the authority of the fame, That every perfon who fhall keep
Water during the winter, upon grounds on which rice fhall be planted the enfu- J
ing fpring, (hall on or before the fifth day of March next, and on the fifth day of
DAMS, RICE.
XKlfdt- March in each year, open the dams which keep up the water, in a fufficient'manner
eufor ncgiett. for letting off the fame; and if any perfon or ? perfons fkia.ll negleft fo to do^ on or
before the time aforefaid, he or fhe, Thall forfeit and pay the fum of one hundred
pounds for every fuch negleff, upon the complaint or information of any perfon or pe?-:
fons through whofe land Tuch water may pafs'; and it fhall and may be lawful for fuch
perfon to inform, and fue for the fame in any court of record in the county where
fuch offence is committed, and on conviftion, the one half thereof fhall be paid tO'
the informer, and the other half to the ufe of the poor of the faid county. / /
'Siieefrcehold- 2' be father-enabled by the authority aforefaid, That where any perfon hW
ppelfdamse^d neglefted to open his or her dam or dams, in a fufhcient manner for letting the water
fDuttioiS" off the grounds before defcribed, on or before the fifth day of March in every year,
in manner aforefaid, it fhall and may be lawful for any perfon who may be affe&edT
thereby, at any time after the day aforefaid in every year, either by himfelf or herfetfj-
or his or her overfeer, agent, attorney or truftee, to apply to any magiftrate in the
diftribl for a warrant of furvey, who fhall thereupon notify to the defendant the com-
plaint made againft him, with the time and place of meeting, and fummons three free-
holders, difinierefted perfons of the neighborhood or cfiftrift where the cauffeof
complaint fhall lie, one of whom fhall be then chofen by the defendant, and in cafe
of his refufal, then by the magiftrate, another by the complainant, and the third by-
the magiftrate, who (being fir ft fworn before the magiftrate to determine the matter in
difpute juftly and impartially) fhall forthwith proceed to view the obftrublions cojm-
plained of; and if on view thereof the faid free holders, or a majority of them fhall
be of opinion that fuch obftru&ions do or may prevent the party complaining from
planting his or her crop of rice in proper time, then and in fuch cafe it fhall and may
be lawful for the faid free holders or a majority of thpm, to caufe the fame tot
be immediately opened or removed in any way or manner, they fhall think nec-ef-
fary for the purpofe of giving the moft effectual relief to the party complaining,
whereupon the defendant fhall be obliged to,pay all expenees attending fuch furvey i
Vrov&i*. Provided always, That nothing herein contained fhall extend or be conftrued to ex-
tend to impofe any penalty on any perfon or perfons, or to caufe his or her dams or ,
banks to be opened, who fhall have made through his or her own lands a fufficient
drain or drains (of which the faid free holders fhall be the judges) to carry off the
waters paffing through the fame, in as expeditious a manner as they could have paf-
fed through the natural courfes or channels, in cafe no fuch banks had been erefted,
v;ndCobftr^-°* 3' be it further enabled by the authority aforefaid, That it fhall and'may be
SXrinsla^lfbr any pfirfon, at any time between the faid fifth day of March and the firft
waier, ^ay 0f NovemSer in every year, to apply in manner aforefaid for a warrant of furr
vey, on any obftruflions which he or fhe may conceive to impede the conveying of
any furplus water on his or her rice grounds, and which by remaining thereon may
prove any way injurious, or fhall at any time hereafter make or keep up any dam or
dams which fhall ftop the courfe of any water, fo as to overflow the lands of any q^ber
perfon or perfons whatever (without the confent of fuch perfon or perfons f|rfl; had
and obtained,) and which fhall be injurious to the faid perfon or perfons, then in .pi-
iher of fuch cafes, the faid magiftrate and the free holders by him appointed^ fhall
proviso. proceed in the fame manner as is dire&ed in; the foregoing claufe: Provided always^
That if in either of the cafes laft mentioned the defendant fhall npglebt or refufe to
attend at the furvey to choofe a free holder as aforefaid, then the three free holders
who fhall have been fummoned by the magiftratp fhall proceed to determine the
DAMS, RICE.
*81
matter in difpute, m the fame manner as if the defendant had been prefent and had
chofen a free holder; which faid free holders fhall in both cafes certify to the faid ma-
giftrate, ijnder their hands, what fhall have been by them done in the premifes; the
expences attending which furvey fhall be paid by the party againft whom the award
larked under
er.altv of one
of the faid free holders fhall be given.
4. And be it further enabled by the authority aforefaid, That if any perfon, either
by himfelf or herfelf, or by his or her overfeer, agent, attorney or truftee, or fervants, jSg'oT16"
or flaves, or any other perfon or perfons aiding for him or her, fhall prefume to flop
up any dam or dams, or replace any obftruBions in any manner whatfoever, which Srst'of ju-
has or have been ordered to be opened or removed by any free holders as aforefaid, two hundred
or which has or have been opened or removed by himfelf or herfelf, or his or her hundred and™
overfeer, agent, attorney or truftee, or by order of either of them, on the faid fifth hindering the
day of March, until the firft day of July, every perfon fo offending fhall forfeit and <nmS,&c.
pay the fum of two hundred pounds, to be recovered and difpofed of in manner
aforefaid. And if any perfon fhall prefume to obftruB, impede or otherwife hinder
or interrupt, the opening of any dam or dams, or the removing of any obftruBions
ordered to be opened or removed by the free holders as aforefaid, every perfon fo
offending fhall forfeit and pay for every fuch offence the fum of two hundred and fif-
ty pounds, to be recovered and difpofed of in any manner aforefaid.
5. And whereas the keeping refervoirs of water by infufheient dams, and the want Jn^ftcJebn/e'a_
of proper wafteways thereto, is frequently the caufe of fuch dams breaking and over
flowing the fields, of other perfons to their great damage: Be it therefore enabled
the authority aforefaid, That where any dam or dams have been made, or fhall here-
after be made for the purpofe of forming refervoirs of water, without a fufficient
wafteway, and which now are or fhall hereafter be found inadequate to fuftain the
weight of water againft the fame, the owner of fuch dam or dams fhall immediately,
or as foon as may be, caufe the fame to be enlarged and ftrengthened where they are
already made and are infufficient, and fuch as may hereafter be made to be ereBed
in a fubftantial manner, with a fufficient wafteway. And if any perfon fhall negleB
to ftrengthen his or her dam or dams already ereBed for the purpofe aforefaid where
s neceffary, or fhall hereafter ereB any dam or dams for the purpofes aforefaid, and
which (in either cafe) in the opinion of three free holders, or a majority of them (to
be appointed and proceed in manner herein after mentioned, refpeBing furveys of
dams acrofs rice grounds,) is or are not made and regulated in manner hereby pre-
fcribed, every perfon fo offending fhall, on complaint of any perfon or. perfons liable
to be affeBed thereby, and on conviBion thereof in any court of record in the county
where fuch offence is committed, forfeit and pay the fum of one hundred pounds
for every fuch offence which may be fued for, and if recovered, be difpofed of in mail-
her aforefaid.
6. And be it further enabled by the authority aforefaid, That every perfon to be uSfTucesf
fummoned as aforefaid, fhall be a refident in the county where his attendance (half be
required, and who upon being duly fummoned and attending any furvey as aforefaid,
fhall be entitled to receive the fum of nine fhillings and four-pence per day each for
every fuch attendance, to be paid by the perfon againft whom the verdiB of the
free holders {hall be given; and in cafe of the non-attendance of any perfon a refi- suaii forfeit ten
deni, and fummoned as aforefaid, (unlefs prevented by ficknefs or fome reafonable
excufe to be made upon oath, to the fatisfaBion of fuch magiftrate) then and in fuch *w5>moi£a.
lowed two del-
182-
DEBTORS, INSOLVENT.
cafe every fuch perfon fo negle&ing to attend when fummoned as aforefaid, fhall foj
feit and pay the fum of ten pounds per day for every fuch negleft or refufal.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1787.
DEBTORS, INSOLVENT.
An aft for the relief of debtors who may be confined in jail, and are unable to fupport
themfelves during fuch their confinement.
Preamble. TIC 7HEREAS it often happens that debtors are confined in jail, and are through
W inability to fupport themfelves during their confinement, reduced to great
diitrefs and want, and are alfo often confined, as well by the obflinacy of their cred-
itors, as by their incapacity to pay their debts,
insolvent debt- *• Be ^ enabled, That immediately after the pafling of this a61, any prifoneror
tfonThowm" prifoners charged in execution or imprifoned for any fum or fums of money, and be-
be relieved, unahie to fapport him, her or themfelves, fhall and may petition the chief juftice,
or juftices of the general court of pleas of this province, fetting forth their inability to
maintain themfelves during their confinement, and upon fuch petition the faid chief
juftice or juftices may, and are hereby required by order or rule of the court, to
caufe the prifoner to be brought up, and the feveral creditors at whofe fuit he, fhe, or
they are charged or imprifoned, as aforefaid, to be fummoned to appear perfonally,
or by their attorney in court, at a day to be appointed for that purpofe, and upon the
day of fuch appearance, if any of the creditors fummoned refufe or negleft to appear,
upon affidavit of the due fervice of fuch rule or order, the court fhall in a fummary
way examine into the matter of fuch petition, and upon fuch examination the court
pay, and are hereby required to admimfter, or tender to the prifoner an oath to the
effeft following, and in cafe the perfon taking fuch oath, fhall have any real or per-
fonal eftate, debts, credits, or effe&s, fuch perfon fhall deliver to the court, before
TMroafh. the tender of fuch oath, an account thereof. " I, A, B, do folemnly fwear, in the
prefence of Almighty God, that I am not poffeffed of any real or perfonal eftate,
-debts, credits, or effe&s whatfoever, (my wearing apparel, bedding, for felf and fa-
mily, and the working tools or implements of m;y trade and calling excepted) where-
with to maintain or fupport myfelf during my imprifonmcnt, (other than are contained
in the fchedule now delivered) and that I have not directly or 1 idire£tly, fince my im-
prifonment, or before, fold, leafed, affigned, or otherways oifpofed of or made over,
in truft for myfelf or otherwife, any part of my lands, eftates, goods, ftock, money,
debts, or other real or perfonal eftate, whereby to have or expefit any benefit or pro-
««jdjtorma£ fit to myfelf, or my heirs. So help me God."—And in cafe the prifoner fhall in court
Sone^'by'6 take the faid oath, and the creditor or creditors fo fummoned and being in court as
TyaIEi^leof aforefaid, fhall notwithftanding, infift upon his or her being detained in prifon, fuch
«ven i mgs. cre(^tor Qr Cre(fitors fhall agree by writing, under his, her or their hands, to pay and
allow a weekly fum not exceeding feven fhillings per week, unto the faid prifoner, to
be paid weekly, fo long as he or fhe fhall continue in prifon, at his, her, or their fuit,
and on refufal of entering into fuch agreement, or on failure of payment of fuck
DEBTS, OUTSTANDING EVIDENCES OF.
weekly fum, the faid prifoner fhall forthwith and upon application to the court, be
difcharged, by order of the court, and fuch order fhall be a fufficient warrant to the
provoft marfhal, jailor, or keeper of fuch prifoner, to difcharge the faid prifoner if
detained for the caufes mentioned in his, or her petition, and no other; and he is here-
by required to difcharge and fet him or her at liberty forthwith, the prifoner paying
his or her fees, nor fhall the provoft marfhal or jailor be liable to any aftion of ef-
cape, or other fuit, or information upon that account: Provided, That this aft fhall
not extend or be con ft rued to extend, to entitle to fuch maintenance as aforefaid, or
to difcharge any debtor or debtors whofe trade or occupation may or can be carried pri,oa-
on, and can find fufficient employment within the limits of the jail in which he fhe or
they may be confined, by means whereof a fufficient fubfiftence may or can be earn-
ed by him her or them.
2. Provided alfo, and be it further enaBed, That if any fuch perfon who fhall take Persons corrvig
fuch oath as aforefaid, fhall, upon any endiftment for perjury in any matter or particu- under this af
lar contained in the faid oath, be convifted by his or her own confeftion, or by
dift of twelve men, as he or fhe may be by force of this aft, the perfon fo convifted ^fsbi^elit0?
fhall ftand in the pillory for the fpace of two hours, and fhall never after have the
benefit of this aft.
3. And be it further enabled. That this aft fhall be and continue in force for one continuatio*.
year, and from thence to the end of the next feflion of the general affembly, and no
longer.*
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, PrefideM.
JAMES WRIGHT.
March 6, 1766.
* Doubts are entertained whether this aft has any operative force fince the figning of the prefent confti-
tution.
DEBTS, OUTSTANDING EVIDENCES OF.
An aB for calling in the out/landing evidences of debts due from this fate, and for if-
fuing new ones in lieu thereof under proper checks and refriBions.
1. T If 7 HERE AS abufes may arife from a variety of certificates for debts due by preamble.
V V this ftate having been iflued without proper checks: Be it therefore enaBed, f"bTreturned
That every perfon or perfons holding any certificate or certificates, iffued by either or MSge'S
any of the auditors or treafurers of this ftate, as well for fums of money due and tones'inue
owing from the ftate, as for bounties of land iffued in favor of the late ftate troops,heuthereof-
fhall, within two years from and after the palling of this aft, return the faid certifi-
cateor certificates to the comptroller general, who fhall file the fame in his office of
record, and iffue to the holder thereof his certificate for the like amount in lieu there-
of: Provided, The faid certificate or certificates returned as aforefaid, fhall appear to the certificates be
entire fatisfaftion of the faid comptroller general, to be a genuine certificate or certifi-gcnuine'
cates, iffued by one of the auditors or treafurers of the ftate agreeable to law, or a
concurred refolution of the General Affembly. And provided alfo, That nothing in
this aft fhall extend to authorize the faid comptroller general to receive any certificate
or certificates under the fignature of Wade and O'Bryan, or to iflue his certificate in ^®aann,^ca..
lieu of fuch certificate or certificates under the fignature of the faid Wade and O'Bryan.
184
DEBTS, OUTSTANDING EVIDENCES OF.
counterfeit 2. And be it further enaEed^ That in cafe any certificate or certificates iflfued by
belacKcea.t0 any of the auditors or treafurers as aforefaid, which fhall be prefented to the faid
comptroller general, fhall appear to him to be counterfeit, he fhall deface fuch certify
cate or certificates, by writing in large letters the word Counterfeit" on the facq of
the faid certificate or certificates, and retain and file the fame in his office, and fhall
not iffue any certificate in lieu thereof.
DAVID MERIWETHER, Speaker of the Houfc ofReprefentatives*
DAVID EMANUEL, Prcfident of the Senate.
"Affented to February 2d, 1798. -
JAMES JACKSON, Governor.
Ireamble.
An dE further explaining and defning the duties and powers of the eojhptrollef
general.
1. \ \ 7HERE A.S great abufes have arifen, and the ftate hath fuftained many loflei
V t in the revenue for the want of a proper officer to compel perfons entrufted
with the colledtion and care of public monies, to account for the fame: Be it there-
fore enaEed by the Senate and Houfe of Reprefentatives of the fate of Georgia in'Ge*
kutvana pow- neral AfTcmbly met, That the comptroller general fhall* from and after the paffing of*
ev of tliecomp- . . ^ , y r . ' . r n • i r 1 . . r r °
tioi^enerai, tnis act, keep lair and accurate accounts, Ihewtng the leveral appropriations or mo-
ney, examine and check all governors* prefidents and fpeakers' warrants, and chargd
tfie amount thereof tb the funds on which they may be refpeftively drawn, previous
to their being prefented to the treafiirer for payment; examine and corredl all returns
of taxable propertyj fettle with the fevetal tax colleflors and all other perfons indebted
to the ftate* and in all cafes where payments may be made at the treafury, give re?
ceipts for the fame, founded on the treafurer's certificates* which certificates fhall
fpecially fet forth the amount, on what account, and by whom paid* and be lodged
as vouchers in the comptroller's office,
povver of the be it further enacted by the authority aforefaid* That all the powers hereto-*
ifelAngpublic* *ore vefted in the treafurer, to enforce the collection of public monies, fhall be, and
monies. fame js hereby declared to be veiled in the comptroller general.
3. And whereas there are flill outftanding many certificates* land-bounties, and
other evidences of debt, which have been iffued in a vague and unguarded manner*1
and have not been renewed under proper checks, as required by an aCt paffed at Lou-
ifville, on the fecond day of February one thoufand feven hundred and ninety-eight*
" for calling in the outftanding evidences of debts due from this ftate, and for ifftiing
new ones in lieu thereof, under proper checks aiid reftriCtions."
All certificates, ' Be it therefore enaEed by the authority aforefaid, That all certificates* land-bounties^
ctl'in two years and other liquidated evidences of debt, fpecially defignated in the faid recited a£t*,
acT at second which fhall not be renewed in manner and form therein prefcribed, within the term of
February 1798 - * 4
and'forever11 two years? from and after the paffing of this aCt* fhall from thenceforth be deemed
Sated. fraudulent and forever barred:
DAVID MERIWETHER* Speaker of the Houfe of Reprefentativ'eii
DAVID EMANUEL, Prefdent of the Senate.
Affented to December 5, 1799.
JAMSS JACKSON, Governors
DEER.
An aB to prevent the pernicious praBice of hunting deer in the night time by fire-light.
1. 13 E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate o/penonsim^
JL3 Georgia in General Affembly met, That from and immediately after the paff-
ing of this aft, any perfon or perfons who fhall hunt with a gun by fire-light, or killhvepounJs*
. any deer fo hunting by fire-light in the night time, without his or their own enclofures,
any fuch perfon or perfons, being convifted upon the oath of one or more credible
witneffes, before any juftice of the peace for the county where fuch offence fhall be
committed, fhall for every fuch offence forfeit and pay not exceeding the fum of five
pounds, one half thereof fhall be paid to the informer or informers, and the other one halftone
half into the clerk's office of the inferior court, and to be applied to the ufe of the oth°er™orthclc
poor of the county where fuch offence fhall be committed.
2. And be it further enaBed, That the forfeitures incurred by this aft as aforefaid, w°rrailtofdii-
fhall be levied by diftrefs and fale of the offender's goods and chattels, lands and te-tress-
nements, by warrant under the hand and feal of the juftice before whom the perfon
or perfons fo incurring fhall be convifted, returning the overplus, if any, to the
owner or owners thereof, after dedufting the faid penalty or forfeiture and lawful
charges; and in cafe the perfon or perfons fo offending and convifted fhall not have offender*una-
goods and chattels, lands or tenements, fufheient to anfwer fuch forfeiture and charges, receMjirt/-
it fhall and may be lawful for fuch juftice, to order fuch offender or offenders fo
convifted, feverally to receive not exceeding thirty-nine lafhes well laid on his or
their bare back.
3. And be it alfo enaBed^ That this fhall be deemed a public aft and given in evi- public a«.
dence.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
' NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIft, Governor.
December 10, 1790.
DEPRECIATION, SCALE OF.
An dB to afcertain the various periods of depreciation for the government and reguld-
tion of all and every perfon or perfons whom the fame may concern.
HERE AS it is expedient and neceffary in order to fettle and adjuft the vari- preamble,
ous accounts fubfifting as well between the public and its debtors and credit-
ors, as between man and man, and the inhabitants of this ftate, and others con-
cerned in tranfaftions of bufinefs fince the prefent war ; that fome ftandard of depre-
ciation by comparifon between the money formerly circulating, and fpecie, fhould be
firft afcertained and eftablifhed by law, fo that one uniform courfe of juftice takeplace
throughout this ftate, And whereas a fcale or table fixing the depreciation of
different periods of paper currency by comparifon with fpecie, hath been framed and sc,ue of depre-
i- a* * j i 1 > cation hereun*
laid before this houfe which appears to be founded on principles of juftice and equity, ^""duo'bc
Re it therefore enaBed by the reprefentatives of the freemen of the fiate of Georgia ft
'General Afjembly met, and by the authority of the fame, That the fcale or table of depre- K'Spe"
An riods therein
61 mentiuncd.
i86
DEPRECIATION, SCALE OF.
elation framed as aforefaid (a copy whereof is hereunto annexed duly certified by the
fpeaker of this houfe) be, and the fame is hereby declared to be, the Randard of dt>
preciation at the different periods therein mentioned of paper currency (by compari-
fon with fpecie) circulating in and throughout this Rate ; and all judges, juRices, ju-
ries, auditors, and others are hereby enjoined and required to regard the laid deprecia-
tion table hereunto annexed, as the true ruleof government, in the fettlement of ail ac-
counts and other tranfaftions, (pecuniary or otherwife) which {hall come before
them, or any of them, and to conduft themfelves refpeftively according to the true
intent and meaning of the fame,
fuuueaa. 2. And be it further enabled, That this aft fhall be confidered as a public aft, and
taken notice of as fuch in all courts whatfoever within this Rate, without being fpecial-
ly pleaded.
By order of the Houfe,
N. W. JONES, Speaker.
Savannah, February 17, 1783.
:ttling
ufand i
hty. j
mty-fei
ty-nine
1777-
January
I 100
2 ioo
too
4 ioi
5
6 xox
7 102
8 io2
9 io3
10 103
IXI103
12 104
13 104
14 io5
15 105
16 X05
37 106
j 8 106
19 107
20 107
21 i°7
"32 108
33 108
24 xo9
35 109
26 109
27 110
38 no
39 in
30 in
3* ITI
■Februa)
*7112
2 112
3 112
4 "3
5 "3
6 114
7 "4
-8 114
9 "5
30 115
31
12 Il6
33 11(5
34 TI7
,35 "7
16 "8
37 It8
18 118
39 "9
30 X19
31 tao
32 120
33 129
34 131
DEPRECIATION.
I87
^ rJ£Z,£ DEPRECIATION
nd debts made or due in Georgia currency, from the fir It of January, one
:d and feventy-feven, to the firft day of June, one thoufand feven hundred and
inental currency, from the firft day of January, one thoufand feven hundred and
irft day of January, in the year of our Lord one thoufand feven hundred and fe-
Thofe figures on the right hand, in each column, are tenths.
April
140 8
141 x
141 4
141 7
142
x42 3
142 6
142 9
143 2
143 5
x43 8
144 1
May-
144 4
144 8
145
145 3
145 6
'45 9
140 2
146 5
146 8
147 1
£47 4
147 7
148
148
148
149
149
149 8
150
I5°
15°
151
I5T 3
151 6
151 9
152 2
152 5
T52 8
153 1
153 4
June.
153 7
154
154 3
154 6
155
155 3
155 5
155 8
156
156 4
156 7
June.
*57
157 3
157 6
x57 9
158 2
158 5
158 8
159 1
x59 4
159 7
160
160 3
160 7
161
161 4
161 7
162
162 4
162 7
J"iy-
i63
163 3
163 7
164 .
164 4
164 7
165 1
165 ^
165 8
166
166
166
167
167
167
168
168
168
169
169
i?o
170 3
170 7
171
171 4
171 8
172 I
i72 5
172 8
173 2
173 5
Auguft.
x73 9
174 2
174 6
4 174 9
Auguft
Septem.
5
6
7
175 3
175 6
176
301195
Oftober.
8
176 3
1
x95 4
9
176 7
2
196 4
10
177
3
197 4
11
x77 4
4
198 4
12
i77 7
5
199 4
*3
178 1
6
200 4
14
178 41
1 7
201 4
*5
178 8
8
202 4
16
J79 1
9
203 4
17
179 5
10
204 4
18
179 8
11
205 4
*9
180 1
12
206 4
20
180 6
*3
207 4
21
180 9
x4
208 4
22
181 9
*5
209 4
23
181 6
16
210 4
H
182
x7
211 4
25
182 3
18
212 4
26
182 7
x9
213 4
27
i83
20
214 4
28
183 4
21
215 4
,29
183 7
22
216 4
3°
184 1
23
217 4
31
184 4
24
218 4
25
26
219 4
220 4
Septem.
I
184 8
27
221 4
2
185 1
28
222 4
3
185 5
29
223 4
4
185 8
3°
224 4
5
6
7
186 2
186 5
186 9
31
225 4
Novem.
8
187 2
1
226 4
9
187 6
2
227 4
10
l87 9
3
228 4
11
188 3
4
229 4
12
188 6
5
230 4
*3
6
23x 4
x4
189 4
7
232 4
x5
i89 7
8
233 4
16
190 1
9
234 4
x7
190 4
10
235 4
18
190 8
11
236 4
x9
191 1
12
237 4
20
x9i 5
x3
238 4
21
191 8
14
239 4
22
192 2
x5
240 4
23
192 5
16
241 4
24
192 8
x7
242 4
25
*93 2
18
243 4
2 6
193 6
x9
244 4
27
x93 9
20
245 4
28
194 3
21
246 4
29
194 6
22
247 4
Novem.
23 248 4
249 4
250 4
251 4
252 4
253 4
254 4
255 4
Decern.
256 4
257 4
258 4
259 4
260 4
261 4
262 4
263 4
264 4
265 4
266 4
267 4
268 4
269 4
270 4
271 4
272 4
273 4
274 4
275
276
277
278
279
280
281
282
283
284 4
285 4
286 4
1778.
January.
287 5
289 4
291 4
293 4
295
297
299
301
3°3
3°5
3°7
3°9
3
3*3
January. March.
3X5 1
3X7 1
3X9 1
3*i
323
325
327
328 3
33° 9
332 9
334 9
336 9
338 8
340 8
342 8
344 8
346 7
x3
14
15
16
T7
18
T9
20
21
22
23
24
25
26
27
348 1[28
35° 7 29
352 7 3°
354 6 31
February
35<5
35S
360 6
362 5
3!S5
360 5
,68 5
370 4
372 4
374 4
376 4
37s 3
38° 3
382 3,
3oJ 3
386 3
388 2
390 2
392 2
394 2
396 1
398 1
400 1
402 1
March.
404 j
406 1
408 2
4io 3
412 4
414 5
416 6
418
420 7
422 8
424 9
427
429 1
431 3
433 3
435 3
437 4
439 5
441 6
443 7
445 8
447 8
449 9
452
454 1
456 2
458 3
460 3
462 4
464 5
466 6
April.
1
468 7
2
470 8
3
472 9
4
474 9 :
5
477,
6
479 x
7
481 2
8
483 3
9
485 4
10
487 5
11
489 5
12
491 6
x3
493 7
14
495 8
x5
497 9
16
500
x7
502
18
504 1
19
506 2
20
5°8 3
2i
510 4
22
512 5
23
514 6
24
516 6
25
5x8 7
26
520 8
27
522 9
28
525'
29
527 1
3°
529 2
May.
2
May.
2
531 2
3
53x 1
4
53r
5
53° 9
6
53° 9
7
53a 8
8
53° 7
9
530 6
TO
53° 5
II
53° 5
12
53° 4
x3
53° 3
x4
53° 2
15
53° 1
16
53° 1
x7
53°
18
529 9
x9
529 3
20
529 8
21
529 1
22
529" 6
23
529 5
24
529 4
25
529 4
26
529 3
27
529 2
28
529 i
29
529
3°
529
3'
528 6
June
2 27
June.
528 8
528 7
528 6
528 6
528 5
528 4
528 3
528 2
528 2
528 1
528
527 9
527 9
527 8
527 7
527 6
527 5
527 5
527 4
527 3
527 2
527 1
527
526 9
526 8
526 7
526 7
526 7
526 6
526 6
July.
526 5
526 7
526 9
526 1
527
527
527
527
52
528
528
5:
528
529
529
529
529
529
53°
53°
53°
53°
53°
531
531 3
53i 5
531 7
531 9
532 1
532 J
532 5
Auguft.
532 7
532 9
533 I
533 3
533 5
533 7
533 9
534 1
534 $
534 5
534 7
534 9
535 1
535 J
_ ,535 5
16 535 7
I7(535 9
1
i88
DEPRECIATION.
Aujjult. October. | Dcccmb.
*9 536
The Table of Depreciation continue A.
1779•
January.
7 31 548 3
Novem.
Septem.
i|538 7
2|538 8
31539
4 539 1
5(539 3
6,539 5
7 539 6
8,539 8
9*539 9
10 540 1
^68
1596 6
1606 6
316x6 8
1627
1637
.647 2
4
1667 4
1677 6
687 8
697
12 1708
2 13 1718 2
- 141728 4
5I738 6
161748 6
T711758 8
18,1769
191779
1789 2
1799 4
1809 1
1819 6
29
241829 83°
. 254840
__ ..0-T t 264850
23 638 5 27I1860 2
24 642 6 284870 4
291880 4
646 7
650 8 ^ ^
654 gl^i'ipoo 8
: 659
,30,1890
24 542 3 29
25 542 5 3°
February
> 542 7I- —
, 542 8 Decemb-
® 543
> 543 1
5 543 3
O&ober.
1 543 5
2 543 6
3 543 8
4 543 9
5 544 1
6(544 3
71544 4I12
8 544 6 13
544 7
;544 9
$45 1
545 2
545 4
545
545
545
546
546
546
546
546
546 8
547
23
<>?13
075 4
679 5
683 6
687 7
691 8
695 9
700
7C4 1
708 2
■;3
7x6 3
720 4
724 5 ,
728 6 18
732 7 XO
March
247 4
4(2280
'May.
6 2^£O 4
7^583 2
82^86
9 2588 8
6
5(2291 8 10 2591
6:2303 2 u|2594
723x4
8,2325
92336
2347
X4'239X 6
> 2619 6
23
34x9 4 24 „
3437 6 25 3994 8 3° 5634 4
3993 2
3°
31 2650 4
June.
April.
2653 4
2667 4
2681 4
42695 4
5 2709 6
6 2723 6
712737 6
82751 8
9 2765 8
10,2779 8
xi 2794
1 2591 4
2590 6
2589 8
2589
2588 2
2587 4 r
7 2586 6 12 2808 17
82585 8
2585
2584 2
13I2822
14,2836
x5 2850
2583 4 16 2864 2
2582 6 174878 2
32581 8 18,2892
v
31 36x8 8
Augu ft.
1I3636 8
3649
3662
3675
5 3687
6 3700 4.
37x3 2
3725 8
3738 6
375i 4
3764 2
3776 8
3789 6
3802 4
38i5
3827 8
3840 6
18 3853 2
9 3866
20 3878 8
21 3891 6
22 3904 2
23 39x7
3991 6
3990 2
3988 6
2 30 3987
O&ober
1 3985 6
2 4014 8
3 4044 2
4 4073 4
5 4102 8
6 4102 2
74161 4
8 4T90 8
9 4220
X04249 4 .
ix 4278 816 6090
17 6226
18 6262
1412581 19(2906 4,243929 8
15,2580 2 202920 4 25 3942 4
[6 2579 4 21 2934 4
17I2578 6 22,2948 4
" '577 8123(2962 6
2577 24,2976 6
2576 2.25 2930 6
2575 4 26 3004 8
2574 6 27 3018 8
2573 8 28 3032 8
'4,2573 12913047
i5|2572 2130I3061
261:
26 3955 2
3968
3680 6
.,992
4006 2
31 4019
Septem.
571 4 —
27I2570 6'
July-
28,2569 8
292569 J
30I2588 2
23
25 769 6
26,777 7
27(777 8
28,781 o
May.
1,4031
24030
34028
44027
5 4025
64024
7I4022
8,4021
8 11
40x7
4016 4
40x4 8
4013
Septem. Novem. I j.muary,
'20(5379 2|24
15404 6,25
22,5430 2 26
23 5455 8 27
245.(81 2,28
526 8|2y
5583 4
5608 8
8234 4
8298 8
8363
8427 2
8491 6
8555 8
501 8620
311 8684 4
f ebt uary.
Decern.
1 5660 2
5695 6
3 573 x
4 5766 4 ,
5 5801 8 8
65837 2
5872 6
8 5908
9 5943 4|i2
105978 8 j r3
8748 8
8783 8
8818 8, ,
8853 81x0
March.
32(11524 6
31(11585 4
Apr I.
6014 2 14
x 2 6049 6
3 6085
14 6120 4
5 6x55 8
12 4308
J 3 37
14 4366
15 4396
164425
17 4454
184484
T9 4513
454i
21 4572
22 4601
196297
20 6332
121 6368
1 6403
23 %9
■ 6474
2 2
166545 2
6*3o 8
8388 8
8923 8
8958 8
8993 8
9028 8
9063 8
9098 8
9X33 8
9168 8
9203 8
9238 8
9273 8
9308 8
9343 8
9378 8
99X3 8
9448 8
9483 8
95x8 81
9553 8
9588 8
_ 9623 8
271 9658 8
!28| 9693 I
29 9728 8
19
M-.y,
234630 6,28 6616
244659 8,296631
^4689 2(306686 8
164718 6 31 6722
274747 8
28 1.777 2
29 4806 4
304835 8
3x4865 2
Novem.
1)4895
2(4919
1780.
January.
1 6756 1
2 6820 "
3 6885
4 6949 I
5 7013 °
6 7077
7 7X42
March.
x 9765
1 9825 6|
3 9886 4
4 9947 2
10007 8
3j4945 4
44070 8
54996 4 , , ,
6 5022 10 7334 0 16
715047 4xx 7399 2
8 7206 J
972706
8,5073
9 5098 4
10 5124
2 7463
13 7527 0
X4 759X
11 5149 6 15 7656
125175
13 5200 6 17 7784 0
16 7720 4
10068 6
10129 4
10190 2
10250 8
10311 6
x°372 4
10433 2
10492 6
10752-6
10613 4
[0674 2
10734 8
10795 6
10856 4
10917 2
10977 8j —
11038 6 27
11099 4,28
40x9 4 1415226 '8 7849 24 11162 2 29
" 15I5251 6 19 7913 2,25 X1220 8,3c
11281 6 31
4 ^
16 5277
17 5302 6
52576 6103238 2(144011 6,10 5353 623 81
18 5328 2
10 7977 4'26
1 8041 8 27 H342
22,8106 28(11403
2 16x72
3 X6I?4
4 16175 8
5 16177 8
646x79 6
7(16181 6
8 16183 4
9 16185 4
10 16x87 2
x 1116189 2
12(16191
13 416193
16195
16196 8
16x98 8
16200 6
16202 6
16204 4
16206 4
16208 4
162x0 2
16212 2
16214
16216
16217 8
162x9 8
16221 6
16223 6
16225 4
16227 4
June.
! T -r a A ~ Q , 1 . A
lary, 01
md fev<
April.
i 5 6879
16 6954
17 7029
18 7105
19 7180
20 7256
2» 7331
22 7400
23 7482
24 7557
25 7632
26 7708
27 7783
28 7858
29 7934
jo 8009
May.
i 8085
2 8086
3 8087
4 8087
5 8088
6 8089 ,
7,8090
8 8091
9 8092
10 8093 '
11 8094 1
12 8095 1
13 8096
: 4 8097 '
15 8098 ,
16 8099 '
17 8100 ■
.8 8 01 ;
■ 9 8102 :
io 8103 :
:i 8104 c
2 8105 :
13 8106 1
,4 8107
5 8108
6 8108 j
7 8109 5
8 8110 S
9 8111 8
o 8112 7
T*8"3 7
June. ~
DEPRECIATION.
THE TABLE OF DEPRECIATION
ts and debts due in continental currency, from the firfl. di
lundred and feventy-nine, to the firft day of January, <
ity.
April.
June.
r5
1290 1
6
1361 8
16
1289 7
7
1368 8
17
1289 3
8
1375 9
18
1288 9
9
1382 9
1911288 5
10
i389 9
2o
1288 1
XI
*397
21
1287 7
12
1404
22
1287 3
13
14x1
23
1286 9
14
1418
24
1286 5
15
1425 1
1286 1
16
1432 1
26
1285 7
17
j439 I
27
>285 3
18
1446 2
28
1284 9
*9
1453 2
29
1284 5
20
1460 2
3®
1284 1
21
1467 2
May.
22
23
I474 2
1401 3
X
1283 2
24
1488 3
2
1284 6
25
*495 3
3
1286
26
1502 4
4
,1287 4
27
1509 4
5
1288 8
28
1516 4
6
1290 5
29
*523 5
7
ft
1291 6
1293
1294 4
3°
*53° 5
O
9
July-
io
1295 8
1
*537 6
ii
1297 2
2
1542 1
12
1298 6
3
1551 8
*3
1300
4
1564 8
x4
1301 4
5
1573 8
T5
1302 8
6
1582 9
16
1304 2
7
359* 9
T7
i3°5 6
8
1601
x8
1307
9
16x0
T9
1308 4
Io
1619 1
20
1309 8
IX
1628 1
2l
1311 2
12
1637 2
22
1312 6
13
1646 3
23
I3I4
14
l655 3
24
I3I5 4
*5
1664 4
25
1316 8
16
i673 5
26
1318 2
n
1682 5
27
1319 6
t8
1691 8
28
1321
*9
1700 1
29
1322 4
20
I7°9 7
3°
W 8
21
1713 1
3i
1325 2
22
1727 8
23
24
1736 9
1745 4
*755
June.
X
1326 7
25
2
x333 7
26
1764 1
3
1340 7
27
!773 i
4
*347 7
28
1732 2
5
1354 8
29
,1791 2
July-
August.
31 2009 5
Septemb.
Oftober,
3^432_6
Novem.
1I2447
2 2459
3 2472
4 2485
52498
6 2511
7 2523
812536
9 2549
X0I2562
Novein
2574 8
2587 5
26co 5
26121
2625 8
2638 5
2651 3
2664 x
2676 8
2689 6
2702 3
2715 x
2727 9
2740 6
2753 4
2766 x
. 2778 9
28 2791 7.17
29 2804 4118
30(28x7 2 19
20
2X
•*780.
January.
Decern.
2865 5"24
2883 2 [25 .
2900 2(26 4x81 5
29x8 6 27 4213 6
2936 3 2SU245 8
2954 P9|4277 9
297* 7 3° 43"
I1
2989 4 31I4342 2
3007 11—
3024 8 February.
2830 7
2 2847 8 J23
3
4
5
6
3378 3
3410 4
3442 5
3474 6
35°<5 8
3538 9
3571
3603 2
3Pa5 3
3667 4
3699 6
373i 7
3763 8
3795 9
3828
3860 2
389° 3
3924 5
3956 6
3988 7
4022 9
4053
4085
4x17 2
4149 4
9
10
11
12
*3
l4
r5
16
J7
18
*9
20
21
22
23
24 3257 2
. 3254 7
26 3272 6
27 329° 3
28 3308
29 3325 7
3® 3343 4
31 3361
3042 5
3060 2
3°77 9
3°95 1
3lI3 3
3*32
3*48 7
3x66 4
3184 1
3201 8
3219 5
4374 4
4391 9
4409 4
4426 9
4444 4
446 x 9
4479 4
4496 9
45H 4
4531 9
4549 4
12 4566 9
!3 4584 4
14 4601 9
x5 4619 4
16 4636 9
i7|4<554 4
1814671 9
9 4689 4
20 4706 5
21 4724 4
22I4741 7
A
Certified this 17th day of February, 17*83.
By N. W. JONES,
i9o DIGEST.
An aB to carry into cffeB the eighth fetiion of the third article of the conftitution.
secretary of i. T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
commissioners JL3 Georgia in General Affembly met, and by the authority of the fame, That for
£™%wse0fX' more general promulgation of the laws of this {late, the fecretary of ftate, with
the state. two commiffioners who {hall be appointed by the legiflature for that purpofe, {hall ex-
And report the amine into, digeft and arrange the feveral laws thereof, now in force, and report tfye
governor1!16 fame to his excellency the governor, who -{hall approve or difapprove of the fame.
If approved of 2. Andbe it further enaBed, That if his excellency the governor fhall approve of
or, one^thou- fuch digeft of the laws of the ftate as may be reported to him, in purfuance of this a6l,_
be printed by that then the fecretary of ftate, fhall, under the diredlion of the executive thereof,
underthediree- caufe to be printed in a quarto bound volume, or volumes, one thoufand copies of Rich
executive, digeft of the laws of this ftate, as may be reported by the aforefaid commiffioners and
fecretary of ftate in terms of this a£l.
Eight hundred 3. And be it further enaBed^ That eight hundred copies of the aforefaid volumes
ted among the of the digeft of the laws of this ftate fo reported and approved of as aforefaid, fhall
state°*by'the diftributed by the executive among the refpeflive counties of this ftate, agreea-
executive. bly to the rule laid down by the conftitution for apportioning the reprefentatives
among the feveral counties. And the proportion which fhall be fo affigned to the
refpeflive county, fhall be tranfmitted by the executive to the juftices of the inferior
court of fuch county, by whom the fame fhall be diftributed, in fuch manner as the
faid juftices may deem moft proper for the general information of the citizens.
rem6 in"ngred 4. And be it further enaBed, That the remaining two hundred volumes of the afore-
to the d£p<S- faid digeft of the laws of this ftate, fo reported and approved of as aforefaid, ftrall be '
state. referved by the executive for the future difpofition of this ftate.
Laws passed 5. And be it further enaBed, That the laws of this ftate which fhall in future be'
be printed, & nalfed, fhall at the end of each fucceeding feffion, be printed and diftributed in
distributed in irrr-i
the same man- manner and form arorelaid.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefdent of the Senate.
Aflented to December 6, 1799.
JAMES JACKSON, Governor.
In Senate Wednefday December 4, 1799.
RESOLVED by the Senate and Houfe of Reprefentatives of the fate of Georgiain
General AJfembly met, That it is the fenfe of the legiflature, that an appropria-
tion of two thoufand dollars inferted in the a£l entitled " An a61 for appropriating
money for the year eighteen hundred," in favor of Robert and George Watkins,
was folely intended as an advance made to them to carry on a work which they
have reprefented to be a collection of the laws now in force in the ftate of Georgia,
and by no means, nor in any ffiape, contemplated to eftabliffi the fame a§ a digeft
or conftitutional arrangement of fuch laws; nor to give any legiflative fan&ion to
the fame, as a code to be received in the courts of law or equity of this ftate, refer-
ving the revifion, expulfion or fan&ioning the fame or any law thereof, to a future'
feffion of the legiflature.
DAVID MERIWETHER, Speaker.
DAVID EMANUEL, Prefdent.
Approved December 6? *799-
JAMES JACKSON, Governor.
DIGEST.
191
In Senate, November 10, 1800.
YOUR committee appointed to prepare and report the form of a bill for the pur-
pofe of carrying into effect the eighth feftion ofjthe third article of the conftitution,
Report, That there is an aft now in force to that effeft, which appears to your
committee amply fufficient if carried into effeft, therefore recommend that it be re-
folvedj that on Friday next the two branches of the legiflature will convene in the re-
prefentative chamber, for the purpofe of elefting two commiffioners to arrange and
digeft the laws of this ftate, purfuant to the faid aft, and that an appropriation be made
for that purpofe.
DAVID MERIWETHER, Speaker of the Houfe of -Reprefentatives.
DAVID EMANUEL, Prefident of the Senate,
In the Houfe of Reprefentatives November 24, 1800.—Read and Concurred.
. Atteft, HINES HOLT, Clerk.
Atteft, WILLIAM ROBERTSON, Secretary.
Executive Department November 27, 1800.
Trefented and approved, eodem die.
JAMES JACKSON, Governor.
In the Houfe of Reprejentatives December 1, 1800.
RESOLVED, That the commiffioners appointed to digeft the laws of this ftate,
by joint ballot of both branches, do convene at the ftate houfe in Louifville, on
the eighth day of December inftant and proceed to the duties affignedthem And be
it further refolved, That the faid commiffioners, previous to entering into the faid du-
ties, ffiall take and fubfcribethe following oath or affirmation, to wit, " I, A, B, do
folemnly fwear, that I will to the beft of my power and ability, and agreeably to the
conftitution, revife, digeft and arrange, under proper heads the body of the civil and
criminal laws of this ftate, and that I will in no wife or manner whatfoever, infert in
the faid digeft, a certain ufurped aft, entitled " An aft for appropriating a part of the
unlocated territory of this ftate for the payment of the late ftate troops," and for other
purpofes therein mentioned, declaring the rights of this ftate, to the unappropriated
territory thereof, for the proteftion and fupport of the frontiers of this ftate and for
other purpofes. So help me God."
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Extraft from the journals.
Atteft, HINES HOLT, Clerk.
WILLIAM ROBERTSON, Secretary.
Executive department, December 2, 1800, prefented and approved, eodem die.
JAMES JACKSON, Governor.
In Senate, December 2, 1800.
ON MOTION.
RESOLVED, That his excellency the governor,"be requefted to draw on the con-
tingent fund, from time to time in favor of William H, Crawford, George Watkins,
192
DIVORCES.
and the fecretary of ft ate, who are appointed to arrange and digeft the laws of this
ftate, for fuch fums as may be neceffary to enable them to comply with the truft repo-
fed in them: Provided, the fum fo drawn fhallnot exceed the amount of two thouland
dollars.
Extraft from the journal.
WILLIAM ROBERTSON, Clerk.
In the Houfe of Representatives concurred.
GEORGE R. CLAYTON, for HINES IIOLT, Secretary.
State-Houfe, Louifville, December 9, 1800.
WE do certify, that the within refolution was concurred in, and agreed to by both
branches of the General Aflembly ; but by fome negleft, appears not to have reached
the executive department before the rifmg of the legiflature, for the approval of the
governor, but which as a joint committee of both branches, we do now certify and
now prefent.
DAVID EMANUEL,
SOLOMON WOOD,
JOHN LAWSON,
ii. WHITA&ER*
Approved oh
JAMES JACKSON, Governor,
• . • 1 • H « • 1 1 1
ExtraB of an aB for appropriating money for the yedr 1802.
U r 1 fum of five thoufand dollars fubjeft to the order of the governor for
A printing two thoufand copies of 44 Marbury and Crawford's Digeft of
the Laws of Georgia," which has been compiled and approved agreeably to the
direftion of the aft of the fixth of December one thoufand feven hundred and
ninety-nine."
Georgiaj Secretary's office, February 22, 1802.
I do hereby certify that the above contains a true extraft from an aft entitled
** An aft. for appropriating money for the year eighteen hundred and two," palled
the fifth day of December eighteen hundred and one.
HORATIO MARBURY, Secretary.
i ... i .. i i * i . i <,
DIVORCES*
An aB to divorce or feparate Andreto Mayhank and Mary his wife, and fot proteBing
each of them in their refp'eBive ejiates.
RLirriipje con- 1, 13 E IT ENACTED by the Senate and Houfeof Reprefentativesofthefate of Geor.
bannkeandMMary General Affkmbly met^ -and'by the authority of the fame, That from and
diMd- immediately after the pafling of this aft, the matrimonial connexion, or civil contraft
of marriage, made between the aforefaid Andrew Maybank, and Mary his wife, late
Mary Sandiford, fhall be completely annulled, fet afide, and diffolved, as fully and
ie vmacof effe^ualty» as contraft had ever heretofore been made, and entered into be-
tween t^em except the legitimacy of their children born during their faid late con *
DIVORCES.
nexiou or cohabitation wirh each other or within nine months thereafter, {hall not be
doubted or r.{Totted by fuch diftolution of the marriage civil contract, ormyilical un-
ion, of the laid Andrew Maybank, and Mary Maybank; but the laid children {hall, Andcipii.ie «i
and then' are hereby declared to be capable of inheriting in common with others °{
equal degree of confanguinity, die eiiatcs of either of their rcfpcdlive parent*, or p«-c«its,'L.
other kindred in cafe ofinteftacy.
2. And be it further enable d, That all the property real and perfonal, not by him property™-
or her fold or difpofed of, which the faid Andrew May bank, received with, or ac-«Yf£u''' c
quired by or in virtue of his marriage, or union with the faid Mary; fnall from hence-
forth be conhdered as rellored to her the laid Mary; and the faid property is here-
by declared to be completed, fully, and absolutely, to all legal intents, veftcd in, and
confirmed unto her, and to her heirs, executois, adminiftrators and affigns, forever.
3. And be it further enabled, That the faid Mary Maybank, is hereby declared to
be a feme-fole, and Ihe {hall not he allowed in future, on any pretence whatfoever,solc-
to charge faid Andrew Maybank, his heirs executors, or adminiftrators, or his or
their eftates with any debts or dues of her contracting, or with any afctions, of, or for
damages for, or by realbn of any tort, trelpafi, or damage whatfoever, "which may
hereafter be committed, or done by her the faid Mary ; and {he flaall not be entitled Ami not ens-
to dower, thirds or other portion whatever, of or in the ell ate of the faid Andrew May- IntheSfof
bank, or to any eft ate, right, title, intereft, or claim therein, either in law or equity, drew"
but lhali be confidered, and held as being barred, and as having forfeited the fame.
4. And be it afe c <'>dcd. That the faid Andrew7 Maybank, and Mary May- The sa!dAn.
bank, fhall in future be held, and confidered, as diftinct and feparate perfons, alto- fyTdhkVto
gether unconnected, by any myftical union, or civil contract whatfoever, at any time ^iatere"*
heretofore maoe or entered into between them. S8ns*
WILLIAM GIBBONS, Speaker of the Houfe of Reprefcntatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor»
December 16, 1793.
An abl to divorce or feparate Ichabod Bulkeley, and Margaret his wife, and for protcbl-
ing each of thgm in their refpeblive efates.
1. "D E IT ENACTED by the Senate and Houfe of Reprcfentativcs of the fate ofMarriage eon-
13 Georgia in General Affembly met, and by the authority of the fame, That fr o m LkhodT
and immediately after the pallmg of this aft, the matrimonial connexion or civil con-mhfS"'
traft of marriage made between the aforefaid Ichabod Bulkeley, and Margaret hisdl6iolved*
wife, late Margaret Elall Jones, fhall be completely annulled, fet afide and diffolved,
as fully and effectually as if no fuch contract had ever heretofore been made and en-
tered into betwTeen them.
2. And be it further enabled, That all property real and perfonal, not by him orPrnrert?0ftkc
her fold or difpofed of, which the faid Ichabod Bulkeley received with or acquired by
or in virtue of his union or marriage with the faid Maigaret, (hall from henceforth belle^
confidered as reftoreu to her the faid Margaret, and the faid property is hereby de-
elated to be completely, fully, and abfolutely, to all legal intents veiled in, and con-
•firmed unto her, and to her heirs, executors, adminillrators and aifigns forever,
B b
i9l DIVORCES.
Mcme-sok!58 3« And be it further enabled, That the faid Margaret Bulkeley is hereby declared
to be a feme-fole, and fhe fhall not be allowed in future on any pretence whatfoever
to charge the faid Ichabod Bulkeley, his heirs, executors or adminiflrators, or his, or
their eflates, with any debts or dues of her contracting, or with any aCtions of or for
damages, for or by reafon of any tort, trefpafs, or damage whatfoever, which may
Anddeprivedf hereafter be committed or done by her the faid Margaret, and fhe fhall not be enti-
uiSfififdto dowrer, thirds or other portion whatever, of or in the eft ate of the faid Ichabod
idiabod. Bulkeley, or to any eftate, right, title, interefl or claim therein, either in law or equi-
ty, but fhall be confidered and held as being barred and as having forfeited the fame.
The said Iclia- 4. And be it further enabled, That the faid Ichabod Bulkeley, and Margaret Hall
gait?declared Bulkely, fhall in future be held as diftinCl and feparate perfons, altogether unconnected
p^ons?in by any myftical union or civil contraCt whatfoever, at any time hereafter made or en-
tered into between them.
THOMAS STEVENS, Speaker of the Homfe of Reprefentatives,
BENJAMIN T-ALIAFERRO, Prefident of the Senate.
JARED IRWIN, Governor.
February 8, 1796.
An abl to divorce or feparate Walter Billingflea and Jane his wife, formerly Jane
Watfon; and for protecting each of them in their refpective eflates.
Marriage con- 1. T>E IT ENACTED the Senate and Hoitfe of Reprcfentatives of thefate of
wauerBn-een X3 Georgia, in General Affembly met, That from the paffing of this aCl, the mat-
lSS?fe' rimorual connexion and civil contrail of matrimony, made-between the afbrefaid
Walter Billingflea and Jane his wife, fhall be completely annulled, and fet afide, and
diffolved as fully and effectually as if no fuch contraCt had been made and entered in-
to between them.
STtoX" 2* Be farther enabled, That the real and perfpnal property which has not by him
iaid jane. the faid Walter Billingflea and Jane Watfon been fold or difpofed of, which the faid
Walter Billingflea received with or required by or in virtue of his union with the faid
Jane Watfon, fhall from henceforth be confidered as returned to her the faid Jane,
and the faid property is hereby declared to be completely and abfolutely to ail legal
intents, veiled in and confirmed to her the faid Jane Watfon and her heirs, executors^
adminiflrators and afligns forever,
cilreifto Lea 3* Be **furt^er enabled, That the faid Jane Watfon is hereby declared to be a feme-
fenic-ioie fole, and flie {hall not be allowTedin futiire on any pretence whatever, to charge the
faid Walter Billingflea, his heirs, execfttors, adminiflrators, or his or their eftate with
any debts or dues of her contracting, or with any aCtions of or for damages, for or by
reafon of any tort, trefpafs, or damages whatever, which fhall hereafter be committed
o"tduenghteof or done by the faid jane Watfon; and fhe fir all not be entitled to dow7er, of or in the
dower. eftate of the faid Walter Billingflea, but fhall be confidered and held as beitlg barred,
and as having forfeited the fame.
janetoabced;t? 4' Be it further enabled^ That the faid Walter Billingflea, and Jane Watfon, fhail
tin<F per.ons
in law.
DIVORCES.
*95
in future be held as diftinft and fcparate perfons, altogether unconnefted by any myftL
cal union or civil contraft whatever.
DAVID MERIWETHER, Speaker of the Iloufe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate.
JARED IRWIN, Governor.
February 10, 1797.
An abl to divorce JSenjamin Butler, and Elizabeth It5 wife.
i. ?3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of^^l
U Georgia in General AJfembly met, and by the authority of the fame, That from ^e^tferfa"nd
and immediately after the paffing of this a61, the matrimonial connexibn or civil con-
traft of marriage made between the faid Benjamin Butler and Elizabeth his wife, for-
merly Elizabeth Anfley, lhall be completely annulled, fet afide and dilfolved, as ful-
ly and elfeftually to all intents and purpofes, as if no fuch contraft had ever hereto-
fore been made and entered into between them.
2. And be it further enabled, That all property real and perfonal not by him or her
fold, or otherwife difpofed of, which the faid Benjamin Butler received with or ac-gmfinwd to
quired by or in virtue of his union or marriage with the faid Elizabeth, lhall hence-
forth be confidered as reftored to her the faid Elizabeth, and the faid property is
hereby declared to be completely^ fully and absolutely to all legal intents, veiled in
and confirmed unto her, her heirs, executors, adminiftrators and affigns, forever.
3. And be it further enabled by the authority aforefaid, That the faid Benjamin But-Sai-d Behjahia
ler and Elizabeth, in future lhall be deemed and conlidered as diftinft and feparate to be distinct
perfons, altogether unconnected by any myltical union or civil contraft whatever atpersoxls*
any time made or heretofore entered into between them.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
-DAVID EMANUEL, Prejident of the Senate.
JARED IRWIN, Governor.
February 11, 1797.
An aft to divorce or feparate Henry Moore M* Donald and Mary his wife, and for pro-
tebiing each of them in their feparate efates.
1. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate
JD Georgia in General AJfembly met, and by the authority of the fame, That from £{^rf
,and immediately after the palling of this aft, the matrimonial connexion or civil con-
'traft of marriage made between the aforefaid Henry Moore M'Donald, and Mary his
wife, late Mary Bacon Dixon, lhall be completely annulled, fet afide, and dilfolved,
as fully and effcftually as if no fuch contraft had ever been heretofore made, and en-
tered into between them.
2. An I be it further enabled, That all property real Or perfonal not by him, or her prop«tycm-*
fold or difpofed of, which the faid Ilcnry Moore M'Donald, received with or 'acquired "w.1
by or in virtue of his union or marriage with the faid Mary, lhall from henceforth be
tonfidCrcd as reftored to her the faid Mary, and the faid property is hereby declared to
2
DIVORCES.
be completely, fully and abfolutely to all legal intents veiled in, and confirmed unto
her, and to her heirs, executors, adminiftrators and dligns forever
IXu6!?*" 3. And be it further enabled, That the faid Mary Ms Mnald is hereby declared to
fawMoic. ke a fcme.f0]e? anc[ f]le f[lap not 5C allowed in future 011 any pretence whatfoever,
to charge the faid Heniy Moore McDonald, his heirs, executors or adminiftrators,
or his or their ellates with any debts or dues of her contracting, or with any aclions
of, or for damages, for or by reafon of any tort, trefpafs or damage whatfoever
which may hereafter be commenced or done by her the faid Mary; and lire fhall not
rftiSt®?of entitled to dower, thirds or other portion whatfoever, of or in the eftate of the
dower. faid Henry Moore M'Donald, or to any eltate, right, title, intereft or claim therein,
either in law or equity, but fhall be confidered and held as being barred, and as hav-
ing forfeited the fame.
wa" tn17to. 4* nd ^ further enabled, That the faid Henry Moore M'Donald, and Mary
tinctper»onb. Bacon McDonald, fhall in future beheld as diltinCt and leparate perfons, altogether
unconnected by any myftical union or civil contract whatfoever, at any time hereto-
fore made or entered into between them.
DAVID MERIWETHER, Speaker of the Houfe of Rcprefcntativcs.
DAVID EMANUEL, Prejidcnt of the Senate.
February 11, 1798.
JARED IRWIN, Governor.
An abl to divorce and feparate George Mathews and Margaret his wife, and for protebi- ,
ing each of them in their refpeblive efates„
Ifaftiae*cmi- i."QE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
fcaa involved 7 f n. n-.i n
«eOTgeMa- Georgia in General AJjer.ibty met, and by the authority oj the jame, That from
Jrrttoanc^ immediately after the palling of this aCt, the matrimonial connexion, or civil
conUaft of marriage, made hetween the aforefaid George Mathews and Margaret
his wife, late Margaret Reed, fhall be completely annulled, fet afide and diffolved,
as fully and effectually as if no fuch contrafcl had never heretofore been made and en-
Ani held to-be tered into between them; and they fhall in future be held and confidered as diftinct
foiits1.naper" and feparate perfons.
Propertyofthe 2- And be it further enabled, That all the properly which the faid George Mathews,
wjMa«aret may have received bv or in virtue of his marriage or union with the faid Mar-
xonfirnied zo J ' * 1 1 • r
hto'amliiuons 8aret' except fuch as may have been appropriated to their mutual ulc, or may
•Sm£coiu have died, or been loft by unavoidable accident, fhall from henceforth be confider-
ed as reftored to her the faid Margaret, fubjett neverthelcfs to the following reftric-
tions and conditions, viz. the faid Margaret fhall account for and repay to the
faid George Mathews, all fums of money he may have advanced for debts due
from, or encumbrances on the eftate of Robert Reed, deceafcd, or of her own
contracting, (of whom the faid Margaret was the widow and reliCt) likewife all
fums of Money that may have been advanced to her ufc prior to her marriage v\ ith
the faid George Mathews, and all fuch expenditures, as may have accrued to him
previous to removing the faid Margaret, and her property from Virginia to the fiate
of Georgia, including fuch difburfemcnts as may have been made at her fpecial in-
fiance and requeft, with thofe incurred by removing her property to the ftate afore-
DIVORCES.
197
Rid; alfo to pay and make good all monies advanced by hfin the faid George Ma-
thews, in difcharge of f .s and other upendiuro* 011 lints againlt the cflate of
him the faid Robert Reed deccafvd, incl-uling ail judgments that may be recovered
agaiult him on that accoui t, the fan! Margaret to account lor and make good ail mo-
nics (he may have received on any account whatsoever, or may hereafter receive by
virtue of an exilling decree of the worfhipful court of Augulla county in Virginia,
bearing date the 17th day of March 1796, and alio make good any other fum, or fums
of money that may come into her polfeffion, cuftody or power, by any other dc-
crec, or fuch fums as may come into the hands of any other perform or perfons for
her ufe, and to make good all damages done to the eftate or property of the faid
George Mathews, by being fabjecl to any decree or order, or any court, obtained
at her inflance, giving at the fame time bond with approved fecurity to the faid
George Mathews, to indemnify him againlt all claim or claims, that do now exifi, or
may hereafter ex;dt againlt the ellate of the faid Robert Reed deceafed, by any perfon
claiming as heir to him the faid Robert, or having any right of diltribution therein by
repreRntation or otherwife) alfo to indemnify the faid George Mathews againlt any
debt or debts that Hie may have contracted lince the time of her abfenting herfelf from
the faid George Mathews, except fuch as may have been contracted with the houfeof
Gamble and Gratteu, in Staunton in Virginia, where fhehad a liberal credit extended
to her by the faid George Mathews, And provided alfo, That the faid George Ma-
thews Hi all be accountable to her for all rents and profits that he may have at any time
fince the faid marriage received and applied to his ufe.
3. And be it further enaBed, That the faid Margaret fhall be compelled to receivelh, sa;dMatf.
fuch of her property as now remain in Georgia, at the prefent place of relidence olSKro.
the faid George Mathews: and to the end, that all matters of difputeand difference ITnLthu'of
may be finally and equitably adjufted, and that exorbitant fecurity may not be de- George,
manded of the faid George Mathews, It is hereby enaBed. That the faid George Ma-
o * J ' # o PercoTistore
thews fhall appoint two difinterelled and qualified perfons, the faid Mrs. Margaret
Mathews two other difinterelled and qualified perfons, and the governor of the Hate ^-e sa!4
one other difinterelled perfon, who, or a majority of them, fhall be authorized and^ffeand
empowered to decide and fettle all matters of difpute, firll giving four months notice
to Mrs. Margaret Mathews of the time and place of their meeting for the purpofe
aforefaid, both with regard to any claims exhibited by the faid George Mathews, as
well as to the fufficiency of the fecurity to be given by the faid Margaret, and that fhe
may be the better enabled to comply with the terms of this aft, the fecurity to be given
may be either citizens of Virginia or Georgia.
4. And be it further enaBed5 That the faid Margaret Mathews is hereby declared
to be a feinc-fole, and fine (hall not be allowed in future on any pretence whatfoever, feme"iUlc*
to charge the faid George Mathews, his heirs, executors or adminiftrators, or his or
their eftates, with any (lefts or dues of her contracting, or with any action of or for
damage, or by rcafon of any tort or trefpafs whatfoevcr, which may be hereafter
committed by her the faid Margaret, and Hie fhall not be entitled to dower, thirds, or h«ddow«r/9*
other portion, of or in the ellate of the faid George Mathews, or to any ellate, right
or interell or claim therein, but fhall be held and forever confidered as being barred,
and having forfeited the fame.
D-VVID MERIWETHER, Speaker of the Iloufe of Reprefsntatives,
DAVID EMANUEL, Preficlent of the Senate.
|ARED IRWIN, Governor.
February 13th, 1797.
193
DIVORCES.
An act to divorce, or feparate, Abner Mitche!, and Sally Mitchcl, his wife, formerly
Sally Milch el, and for protecting each of them in their refpeCtive ejlalts.
Mairtngecon- 1* "O L IT ENACTED by the Senate and Houfe of Reprefentatives, of the fate of
between A' -
JLJ Georgia, in general affembly met, and by the authority of the fame, That from
and Sally his the paffing of this aft, the matrimonial connexion and civil contraft of marriage made
e' between the aforefaid Abner Mitchel and Sally his wife, fhall be completely annulled,
fet afide and diffolved, as fully and effeftually as if no fuch contraft had been made
between them*
2. Be it further enabled, That the real and perfonal property which has not by him,
.^Kiryfoi6 the faid Abner Mitchel and Sally Mitchel, been fold or difpofed of, which the faid
firmed to her. ^bner Mitchel received with or acquired by, or in virtue of, his union with the faid
Sally Mitchel, fhall from henceforth be confidered as returned to her the faid Sally,
and the faid property is hereby declared to be completely, fully and abfolutely to all
legal intents, veiled in and confirmed to her, the faid Sally Mitchel, her heirs, ex-
ecu tors and affigns forever.
Ami she decia- 3. Be it further enaCted, That the faid Sally Mitchel is hereby declared to be a feme-
w-sofe? fole, and fhe fhall not be allowed in future, on any pretence whatever, to charge the
faid Abner Mitchel, his heirs, executors or affigns with any debts, dues, of her eon-
trafting, or with any aftions of or for damages whatfoever which fhall hereafter be
And barred of committed or done by the faid Sally Mitchel, and fhe fhall not be entitled to dower
her dower. ^ in the eflate of the faid Abner Mitchel, but fhall be confidered and held as be-
ing barred and as having forfeited the fame,
taid Aimer and 4- And be it, further endCled, That the faid Abner'Mitchel, and Sally Mitchelj fhall
tinCl persons. in future be held as diftinft and feparate perfons, altogether unconnefted by any
myftical union or civil contraft whatever.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives i
DAVID EMANUEL, Prefidcnt of the Senate.
JARED IRWIN, Governor.
February 13, 1796.
An act to declare null and void the contraCi of matrimony between Ignatius Gilpin and
Charlotte Vincent, and to protect the faid Charlotte in her p erf on and property.
iveambie. i.T 7I7HEREAS a certain Ignatius Gilpin impofed himfelf as a fingle man upon
trartrlSv"d » V Charlotte Vincent, a feme-fole, and procured her confent to a contraft of
tiuJcfipin8^ matrimony, which was afterwards confummated. And whereas, the faid Ignatius was
w;!fc.loUc Lu at that time wedded to another woman, who was fcill alive and undivorced; by which,
the fecond contraft was rendered null and void from the beginning. Be it therefore
enoiled, By the Senate and Houfe of Reprefentatives of the ftate of Georgia in Gene-
ral AiTembly met, and by the authority of the fame. That the faid contraft of matrh
moiiy between Ignatius Gilpin and Charlotte Vincent, fhall be, and the fame is here-
by declared to be null and void to all intents and purpofes, and in as complete a man-
ncr as though the fame had never been made.
2. And be it further enacted, That from and immediately after the paffing of this
aft, the faid Charlotte Vincent fhall be taken, and confidered as a feme-fole, enjoying
ELECTIONS, 139
the feparate protection of the law, in her ptvfon and property, and free from the con'
trad:, and coercion ofthefaid Ignatius Gilpin,forever.
DAVID MER1WE ITIER, Speaker of tkp Houfe of Reprefentatives.
DAVID EMANUEL, Prejidcnt of the Scna^
A den ted to February 2, 1796.
JAMES JACKSON, Governor.
ELECTIONS.
An acl to regulate the general elections in this fate, and to appoint the time of the meet-
ing of the General AJJ'emhly.
1. T)E IT ENACTED hy the Senate and Hovfe of Reprefentatives of the fate of
jL3 Georgia in General Affemhly met, and hy the authority of the fame, That all Hief-do™ for
elections for members to reprefent this ftate in the General Alfembly thereof, and for k^LuA°';uIi
reprefentatives in congrefs, fhall be held at the court-houfe or place appointed for & ffiuhc
holding the fuperior courts in the refpeCtive counties, and the electors thereat fhall Lett coumy-i'1
vote viva voce A It fhall be the duty of any three or more of the magiftrates of each
county not being candidates, to prefideat, and make returns of ail elections for fena-^morej:U"
tors and reprefentatives in the General Affembly and reprcfentatives in congrefs; and
the fheriff of each county or his deputy is required to attend at fuch elections for the $>d"|cnd""
purpofe of enforcing the orders of the preliding magiftrates, and preferving good or-
der. That the general election fhall be held annually on the fir ft Monday in Qcto- amSa "ii t?.ee
ber, and the time for receiving the votes fhall be from fix o'clock in the morning
until feven o'clock in the afternoon; and when any doubts fhall arife with refpect oSTm.
to the qualification of the voters, the following oath 111 all be adminiftercd: 44 I,; p!CM0oCat
A.B. do folcmnly fwear or affirm (as the cafe may be) that I have attained to the o.*tu of vote™,
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 agreeably to law, have rcfidcd fix
months within the county, and that I am a citizen of the United States, and an in-
habitant of this ftate."
2. And he it further enaBed, That if the fuperintending magiftrates or officers at
fuch elections fhall make a fraudulent return, or they or either of them while fuper-hndnhUsor
intending at fuch eleftion, or any candidate fhall influence or endeavor to influence
me-tm tj ob-
or perfuade any voter not to vote as he firft deligned or intended, or fhall take any un- lorEAfoTm-
due means to obtain a vote, he or they fhall forfeit for the firft offence, one hundred AAAft u
dollars, to be recovered by information in any court having jurifdietion thereof; and Jmtirestobe
if a juftice, fhall be forever difqualiftedfrom ferving in the commiftion of the peace;
and if a candidate, fhall be thereby incapacitated from ferving in the poft or place forcli,aciUced>
which he may be elected. That if any perfon or perfons whatfoever, fhall on any Any person
day appointed for holding fuch elections, prefume to violate the freedom of fuch V'fmcAcei
election by any arreft, menace or threat, or attempt to overawe, affright or force Ay fAou
any perfon qualified to vote, or offer any bribe to induce him to vote contrary to eieWuVoraf-
his inclination; or fhall after the faid election is over, menace cr ddhitefully ufe, AfdBBf
f J i. J 7 {.lull iehour.il
B.epealed by adl of 17P9* i>erw court,
2 DO
ELECTIONS.
abufe or in fair, any pcrfon, becaufe he hath not voted a i he or they might have v/iflied
him, every Inch perlbn To offending, «Pon hifncient proof of fuch violence or abufe,
menacing or threatening before ar'/ jultice of the peace, fin all be bound over to the
fuperior court, himfelf in hundred dollars, and two Securities in fifty dollars
each, to be of good bcha* A'°tir and abide the fentence of faid court, where if the of-
timif" fender or offenders a convifcted of fuch offence as aforefaid, then he or they fit all
§ofiw"andd refpctlively for e^ft olfence, forfeit a fum not exceeding one hundred dollars, and be
t^'ba'phdh committed toj'ail without bail or mainprize, until the fame be paid, which faid fine fo
impofed iiiall be recovered by writ of fcire facias or cafa, iffued and figned by the
c]^)v of faid court under and by virtue of the fentence of the fame-, and the fheriff
"°^ county *s hereby required to levy fuch writ forthwith. That no civil officer
,cihldhy"011 hi all execute any writ or civil procefs wliatfoever, upon the body of any pcrfon
qualified to vote at any election as aforefaid, either in his journey to, or return from,
or during his flay there upon that account, under a penalty not exceeding five hun-.
bred dollars; Provided, he (hall not be more than four days on his journey going to,
returning from, and ftay at the place for holding faid election, to be recovered of and
from the officer who fliall ier\e any procefs or arrefl as aforefaid, after fuch manner
icrv/d contra- anc^ form, and to be difpoTed of as herein before directed; and all fuch writs or civil pro- •
icciarednuiL cefs executed on the body of any perfon either going to, returning from, or being at the
place, where fuch ele&ion is appointed within the time before limited, he being qualified
to vote thereat, arc hereby declared null and void, that at the general eleciion which fliall
Members to beheld for members of the General AffeixAly on thefirft Monday in Q&ober onethou-
tcdbiemiaiy. fand eight hundred, and at every fecond general election thereafter, the elefilors at
fuch election fliall vote for members to reprefent this ftate in the Houfe of Reprelen-
Their qualm- tatives of the United States. That no perfon fhall be elefited a reprefentative in
cations. congrefs, who has not been an inhabitant of this ftate three years next preceding his
election, and paid his tax regularly during that time; nor fliall he hold any office of
profit under this ftate,,or the United 'States, duiing the time for which he may be elebted
Returns of eiec- a reprefentative. That the names of the feveral candidates be kept on feparale pa-
h?fi"d,°seaiedup pers, and the number and the names of the voters fliall be fealed up together with an
rrtidinVJustl- accurate Rate of the poll under the hands of the prefiding magiltrates, and tranfmitted
"utiveta6*" by exprefs to his excellency the governor, within twenty days after clofing the poll
t^closing'the at fuch eleflion, who is empowered to draw on the trcafury for the payment of fuch
The governor exPrefs5 not exceeding two dollars per day. That the governor or commander in
s?,iii'countup f°r the time being, fliall within five days after the expiration of the faid twenty
decuretheptr- days herein before allowed for making returns, count up the votes from the feveral
procumftion7 counties, or fuch of them as may have made returns for each perfon, and immediate-
ly thereafter iffue his proclamation declaring theperfons having the higheft number
of votes and qualified as aforefaid, to be duly elefited to reprefent this ftate in the
And-rant a Houfe of Reprefentatives of the United State;, and to grant a certificate thereof un-
thereofte der the great feal of the ftate to each of them; Provided, no certificate or commiffion
proviso. fliall iftlie to or for any fuch perfon fo eletted, until fatisfafilory proof is produced
that the tax of fuch perfon has been regularly paid as above mentioned, and that-he
peisonTaw0'2 has attually had the refidence herein prescribed. That where any two or more perfons
thoe!h"Het"d have an equal and the higheft number of votes, other than thofe duly elected in the
voKiepo- general poll; then* and in that cafe the governor fliall iffue his proclamation direft-
eTeabTew inS a new election, that in cafe any perlbn duly elcfited, being in this ftate and noti-
wLTchVc:epk fied thereof in manner herein directed, fhall not within twenty days, and if out of this
^11^!be ^ate whhin forty days after fuch notification, fignify his acceptance, or fliall depart
ELECTIONS;
is life, the governor or commander in chief, (hall order a new ele&ion to beheld in
like manner as herein before pointed out. That all writs of ele£tions to fill vacancies wtit» *feicc,
that may .happen for members of the General Affembly of this ftate, or Houfe of Re- canctes to be
prefentatives of the United States, (hall be direQedto the juftices of the inferior courts
of the refpe&ive counties, who are hereby required to give public notice thereof, and
caufe the fame to b£ held in manner and form as herein before pointed out agreeably
to fuch writ. That the prefiding magiftrates at any election for members of the Ge-presid;ngju«tu
neral Affembly of this ftate, or reprefentatives in congrefs, are hereby empowered and .
required to appoint three clerks to attend the fetid elections, whofe duty it lhall be to '£?*
keep three rolls.
2. And he it further enabled hy the authority aforefaid, That the General Afiembly teguuture
of this ftate, lhall from and after the palling of this a£f, meet on the firft Monday in nus-lly on tli«_
November annually. '
DAVIjD MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
JAMES JACKSON, Governor.
February 11^,1799.
An aft for the appointment tf CdMty officers*
i. TJ E IT ENACTED hy the Senate and Houfe of Reprefentatives of the Jldte of
JLJ Georgia in General AJfembly met, and by the authority of the fame, That the
iheriffs, clerks, coroners and county furveyors, of the refpe&ive counties within this c0untyoflkw<j
ftate, lhall beeleQed on the third Tuefday in O&ober next, by the *juftices of
inferior court and juftices of the peace, or a majority of them, in each of the ^he^Tce!*
counties refpe&ively, and all fuch elections lhall be held by any tWo or mOre of the wSi'
faid electors, not being candidates, who {hall within thirty days thereafter, tranfmit un- ccsoftUePeacc-
der their hands and feals a true return of fuch elections to his excellency the governor,
who is hereby authorized and empowered to commiffion fuch perfon orperfons as shaiibecom-
may be elected. _
2. And be it further enaftel, That the faid juftices of the inferior court and juf-
tices of the peace, or a majority of them, lhall meet at the court-houfes in their ref-E,eftionstobc
pective counties, in the forenooh of the faid third Tuefday in October next, and ap- c^housc
point the aforefaid officers, and lhall meet on the faid third Tuefday in October in y^twa
every fecond year thereafter, and appoint each of the aforefaid officers, in manner
herein before prefcribed; Provided always, That the clerks of the courts {hall hold theiy
appointments during good behaviour, agreeably to the conftitution. cfetbhotd
3. And be it further enabled by the authority aforefaid, That on the reprefentation Hngrg00oiCbeha-
of two thirds of the juftices of the inferior court, and of the county, or by fentence of Anyofthose
impeachment, his excellency the governor be and he is hereby authorized to remove iSvedbythe
any of the aforefaid Iheriffis from office; and he lhall and may remove from officeSp3K»3one
any coroner or county furveyor, on like reprefentation of two thirds of the juftices °fofth|^y«
the inferior court and of the county, the governor lhall and may alforemove any
the aforefaid clerks, county furveyors or coroners, from office, on conviction of the •jgj*
offender or offenders, for mal-practice in office. **•
C c
* All thofe ehffions are to be by the people* See a«ft of 4th December, 1799*
202
ELECTIONS.
vacancies,how 4- And It it further enaBed, That in cafe of the death, refignation or removal
«obewied. from 0ffiCej or Qther difability of any or either of the aforefaid officers, it fhall be the
duty of one or more of the juftices of the inferior court of the county in which fuch
vacancy fhall happen, to give at leaft ten days' notice, ta be publifhed at the court-
houfe, and at three or more public places in,fuch county, for the meeting of the faid
juftices of the inferior court and juftices of the peace, for the purpofe of filling up
fich vacancy ; and the faid juftices of the inferior court and juftices of the peace, or
a majority of them being fo convened, fliall proceed to elect a fit and projier perfon
to fill fuch vacancy, according to the directions of this act.
^ffenorconrt 5. And bt it further enacted. That the inferior court fhall at their firft term in
Sta^vesbond eac^ years appoint at leaft one and not more than two fit and proper perfon or per-
hunfflin ^ons eack militia company diftrict to ferve as conftables, who lhall hold their ap~
arndfiftydoiiaw pointments for one year, and until a fucceflbr fhall be appointed, and before fuch
conftables enter on the duties of their appointments, they fliall give bond and good
fecurity to the governor of this ftate for the time being, in the fura of one hundred
and fifty dollars, for the faithful difcharge of their duties, and fhall alfo take the fol-
And take an lowing oath before a juftice of the inferior court or jufticeofthe peace: 44 I do folemnly
M fwear, or affirm, that I will duly and faithfully perform all the duties required of me as
conftable of the county of according to the beft of my abilities and underftand-
ing." And where it fliall fo happen that no fit and proper perfon or perfons offer
themfelves as candidates, the faid court fliall pafs an order directing the juftices in any
diftrict, or one of them, to draw not exceeding two perfons from fuch company, to
E«rty dollar* ferve as aforefaid who fhall be liable to a fine of forty dollars, to be levied by order of
serve as consta- the faid inferior court, on refufal to act, or procure fopae other perfon to ferve for him.
Justice may au- 6. And be itfurther enaBed, That any juftice of the peace may in cafes where there is
laSsSiF no conftable in his diftrict, either from death, removal or otherwife, authorize fome
perfon to execute the duties of conftable until fuch vacancy is filled.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate.
Februarv 16, 1799.
JAMES JACKSON, Governor.
'An aB fupplementary to an aB entitled, 44 An aB to regulate the general eleBions in this
fate, and to appoint the time of the meeting of the General AJfemblypaffed the ele-
venth day of February one thoufand feven hundred and ninety-nine j and an aB enti-
tied, 44 An aB for the appointment of county officers" pajfedthe fxteenth day of Fe-
bruary one thoufand jeven hundred and ninety-nine,
ameieftionsto i.T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the [late of
ballot, jnj Georgia, in General AJfembly met, and by the authority of the fame, That in
™55Sw^utlire5 ele&ions fhall be by ballot, and the time of opening the eleftions for fena-
<i'o«at6P. m. tors, and reprefentatives of this ftate, fhall beat the hour of feven o'clock in the morn-
ing, which eleftion fhall be kept open until the hour of fix o'clock in the afternoon,
and then clofed.
SnntHfficers And be it further enaBed, That in future, all eleftions for county officers, to
"ketK*. wit, the clerks of the fuperior and inferior courts, fheriffs, coroners, and county fur-
EMANCIPATION.
203
veyors, fliall be by the citizens of the refpective counties, who are entitled by law to
vote at elections for reprefentatives, or members of the lcgiflature of this ftate; and
fliall be opened, conducted, and clofed in the fame manner, that elections are for
members of the legiflature of this ftate.
3. And be it further enacted, That if a vacancy fhould take place in one of the-J{£nficJ^hov»
aforefaid offices, it fliall be the duty of the juftices of the inferior court, or any two or
more of^them, to give notice in one or more of the public gazettes, or at the court-
houfe, and three or more of the moft public places in the county within which fuch
vacancy may happen, twenty days previous to the election for filling up the faid va-
cancy : and the perfon fo chofen fliall continue in office no longer than his predecef- continuance
for would have done. And where any two or more candidates for any county office iftwopersons
fliall have the higheft and an equal number of votes, the prefiding juftices fliall certi- m,mberdofqui1
fy the fame to his excellency the governor, who fliall be, and he is hereby authorized vcrnor shall ajs?
-• cr 1 * 1 • r* point one of
%o appoint one or the perlons 10 having an equality or votes. them.
4. And be it further enaBed, That fuch part or parts of the aforefaid afts as fliall
militate againft this aft, fliall be and is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prejident of the Senate,
JAMES JACKSON, Governor.
December 4th, 1799.
EMANCIPATION.
An aft to emancipate andfet free Aufiin, a mulatto ; alfo Harry, a negro fellow,
1. \7i THEREAS Auftin, a mulatto man, at prefent the property of the eftate of Ri- prcaMbk.
V V chard Aycock, efq. during the late revolution, inftead of advantaging
himfelf of the times to withdraw himfelf from the American lines and enter with the
majority of his color and fellow (laves, in the fervice of his Britannic majefty and his
officers and vaflals, did voluntarily enrol himfelf in fome one of the corps, under the
command of Col. Elijah Clarke, and in feveral actions and engagements, behaved
- againft the common enemy with a bravery and fortitude which would have honored
a freeman, and in one of which engagements he was feverely wounded and rendered
incapable of hard fervitude, and policy as well as gratitude demand a return for
fuch fervice and behaviour from the commonwealth. Be it enaBed, That the faid Aojtb|
Auftin be, and he is hereby emancipated and made free; and he is and fliall be here-rfttc4*
by entitled to all the liberties, privileges, and immunities of a free citizen of this ftate,
fo far as free negroes and mulattoes are allowed ; and (hall be entitled to the annuity
allowed by this ftate, to wounded and difabled foldiers.
2. And be it further enaBed, That Col. Elijah Clarke, Zachariah Lamar, and
John Talbot, fliall be and they are hereby appointed agents for the ftate to contract
'and agree with the heirs, executors or adminiftrators, of the faid Richard Aycock, forown"-
the value of tfte faid Auftin, Provided the fame does not exceed the fum of feventy ?urcbaWM#,
pounds, and that they give a certificate for fuch fum to the proper owner of the faid S2dnfcv«lty *
Auftin, for which fum his honor the governor is hereby empowered to draw on thet>0UtwJ#
treafury of this ftate.
B04 EMANCIPATION.
Harry the pro- 3. And be italfo enaBed9 That negro Harry, late the property of William Sherrill,
Sam'sherriu" for his meritorious fervices to this hate, be alfo emancipated and made free, and en-
wwucipatcd. tjtjecj to the rights of citizenlhip fo far as free negroes, andtnulattoes are entitled as
aforefaid.
By order of the Houfe.
WILLIAM GIBBONS, Spsaktr.
Augufta, AuguR 14, 178&
An aB tQ manumit a certain per Jon of color, by the name ofSamueL
*reambi». "T^7"HEREAS Jofeph Thomas, of the county of Oglethorpe, haslignified his in-
V V tentions and defign to manumit, and fet free ascertain boy of color, of his
own right and property,
samuet the pro- i« Be it enaBed by the Senate, and Honfe of Reprefentatives of the fate of Geor-
^hom^,c0:n7n-j^ and by the authority of the fame, That Samuel, a certain boy of color, the pro-
cipated. perty of Jofeph Thomas, be manumitted andmade/ree according to the prayer of the
petitioner:
^givenaii 2. Provided neverthelefs, and be it enaBed, That nothing in this aft contained
offreenegroes, fliall be conftrued fo as to give the faid Samuel, any privileges more than other people
todebts °f color are allowed by the laws of this aate, or to the prejudice of any juft debts
«aid Tbcuias. that may be againa the faid Jofeph Thomas, at the time of the palling of this aft.
DAVID MERI WETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Affented to December 1, 1800.
JAMES JACKSON, Governor.
An aB to enable the executors of the laf will and tef anient of Daniel Gfant, deceafed, ta
carry the fame into effeB, and for other purpofes therein mentioned.
jpeunb (e. \ A THERE AS by the lalt will and teaarnent of Daniel Grant, deceafed, late of the
V V county of Wilkes, the executors therein named, are direfted to apply as ear-
ly as may be to the legillature of this aate for an aft, enabling them to carry the faid
will into effeft : And whereas the faid Daniel Grant, deceafed, hath by his lafi will and
teaarnent declared, certain negro Haves therein named, free at certain times, and under
certain conditions and reariftions therein mentioned : And whereas, the executors, to
wit; Thomas Grant, John Crutchfield, and David Meriwether, have petitioned the
prefent legillature, in terms of, and agreeably to the faid Will:
Sridtfbe* 1* ^ therefore enaBed by the Senate and Hoitfe of Reprefentatives of the fate of
freefpursuMt Georgia hi General Affembly met, and by the authority of the fame, That the aforefaid
Thomas Grant, John Ciutchfield, and David Meriwether, executors as aforefaid,
the furvivor or furvivors of them are hereby authorized to carry the faid will, with
every item and paragraph thereof, fully into effeft; and the fcveral negro fiaves
therein mentioned, are hereby declared to be freed and liberated, at the times and on
the terms and conditions therein, exprelfed; any law, ufage or cuftom, to the con-
trary notwithftanding.
EMANCIPATION
2. And whei'eas\ Anthony Hayns, late of the county of Columbia, was in his lifeSwlSiSS!
time poflefled of certain negro flaves, to wit, Chany and her nine children, Billy, Syl- ffiffinon7
via/Francis, John, Polly, Richard, Betfey, Anthony, and Peggy j And whereas, theSns,dccea'"
faid Anthony PIa}ps did, on the tenth day of June, in the year of our Lord one
thoufand feven hundred and ninety-hve, make a certain inftrument in writing, duly
executed, and now entered of record in the clerk's office of the faid county, purporf:-
ing his renunciation 6f all right, title, intereft, and claim of, in, and to the faid negro
woman Chany, and her aforefaid children, and did thereby publiffi and declare the
^aforefaid negro woman Chany, and her nine children, Billy, Sylvia, Francis, John,
Polly, Richard, Betfey, Anthony, and Peggy, to be forever manumitted, emancipa-
ted and freed, and capable of enjoying all the rights, and privileges of citjzenfhip;
and the faid Anthony Hayns, did alfo on the fifteenth day of June, one thoufand
feven hundred and ninety-five, by his laft will and teftament duly executed, give and
bequeath unto the faid negro woman Chany, and her children, Sylvia, Francis, John,
Polly, Richard, Betfey, Anthony, and Peggy, certain lands and other property there-
in prefcribed.
And whereas, Thomas Hayns and David- Maxwell, executors of the faid laft will
and teftament, have applied by petition to the legiflature, to confirm the emancipa-
tion and freedom of the faid negro flaves. Be it therefore enacted by the authority afore-
faid, That the faid negro woman Chany, and her nine children, to wit, Billy, Syl-
via, Francis, John, Polly, Richard, Betfey, Anthony and Peggy> they, and each of
them, be, and they are hereby emancipated, freed, and enabled to take, hold, and en-
joy property of every kind, in like manner as if they were free citizens of this ftate.
3. And be it further enacted by the authority aforefaid, That the property given and
bequeathed in the laft will and teftament of the faid Anthony Hayns, to the faid negrothem*
woman Chany, and her children, Sylvia, Francis, John, Polly, Richard, Betfey, An-
thony and Peggy, is hereby declared to be vefted and confirmed in them and their
heirs and affigns forever, agreeably to the true intent and meaning of the faid will.
4. And be it further enabled, That Reuben Going and John Going, of Greene coun- j0eimG.SCa*
ty be, and they are hereby authorized and enabled to take, hold, and enjoy property propyl101-11
both real and perfonal.
Provided neverthelefs, That nothing herein contained ffiall extend, nor be co n ft ru-proviso,
ed to extend, to entitle the faid free mulattoes and negro flaves when liberated as
aforefaid, to ferve as jurors in any cafe whatfoever, nor to render them or either of
them, a witnefs in any caufe or cafe where the perfonal right or property of any white
perfon or peffons is or are concerned, not* to entitle them or any of them, to have or
hold, dire£tly or indireftly, any office of truft or profit, civil or military, within this
ft ate.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Preftdent of the Senate.
Concurred February 13, 1796.
JARED IRWIN, Governor.
An aH to admit Thomas Going, a free perfon of color, to the privileges of a citizen of
this fate, fo far as it therein expressed.
HERE AS Thomas Going, a free perfon of color, has petitioned this legij-
lature, praying to be made a free citizen of this ft ate;
206
EMANCIPATION.
Thomas Going Be it therefore enacted by the Senate and Houfe of Reprefentatives of the fate of Geor-
in General Affembly met, and by the authority oj the fame, That from and after
aensiup. ^ pa£jjng tjjjs a£^ tjiat the aforefajd Thomas Going, of the county of Wilkes,
be and is hereby vefted with and entitled to all the rights, privileges and immunities
proviso. belonging to a free citizen of this ftate; Provided neverthelefs, xhat nothing herein
contained fhall extend or be conftrued to extend to entitle the faid Thomas Going,
to ferve in the capacity of a juror, in any caufe whatever; nor to render him a com-
petent witnefsin any caufe or cafe where the perfonal rights or property of any white
perfon are, or is concerned; nor to entitle the faid Thomas Going, to vote atelec-
tions, nor to have or hold, dire&Iy or indire&ly, any office of truft or emolument,
civil or military, within this ftate.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate,
Affentedto February 18, 1799.
JAMES JACKSON, Governor.,
An act to manumit and exemptfrom certain penalties, Sylvia, and herfon David, now
the property of Jofeph Gabriel Pofner,
preamble. 71 THERE AS Jofeph Gabriel Pofner, hath, by his petition prefented to this pre-
V V fent General Affembly, prayed that Sylvia, a woman of color, and David
her fon, the property of the faid Jofeph Gabriel Pofner, ffiould be manumitted and
difcharged from flavery.
sjhrkandDa- i. Be it enabled by the Senate and Houfe of Reprejentatives of the fate of Georgia in
emancipated. General Affembly met, That from and after the paffing this a£t, the laid Sylvia and
David, fhall be, and they are hereby declared to be manumitted and made free, an
be thereafter utterly, clearly and fully difcharged from flavery, as if the faid Sylvia
and David, had been born free.
2' be it further enabled^ That if it fhall fo happen that the faid Salvia or Da-
fcnccslK"- vid, ffiould be charged or accufed of any offence or crime whatsoever, the faid Syl-
StocSSftSf via or David, ffiall be tried for fuch offence in the fame manner, and be entitled to
♦hitepcrww. thc fame defence in the courts of this ftate, as allowed to free white perfons in like
cafes.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of ihe Senate.
Affented to February 9, 1799*
JAMES JACKSON, Governor,
An act to admit fames Stewart and Judy Eltoft, free perfons of color, io the privi-
leges of citizens of this fate, as jar as is therein expreffed.
^ ENACTED by the Senate and Houfe of Reprefentatives of the fate of
2fiw»"f a°fr#e Georgia in General Affembly met, and by the authority of the fame. That from
and after the paffing of this aft, the aforefaid James Stewart, of the county of
Burke, be* and he is hereby Vefted with and entitled to all the fights, privileges and
EMANCIPATION.
207
immunities belonging to a free citizen of this ftate: Provided neverthelefs, That no-Pw!,0•
thing herein contained fhall extend, or be conftrued to extend to entitle the faid J ames
Stewart, to ferve in the capacity of a juror in any cafe whatever, nor to render him
a competent witnefs in any caufe or cafe where the perfonal rights or property of any
white perfon are or is concerned; nor to entitle the faid James Stewart to vote at elec-
dons, nor to have or hold, dire&ly or indire&ly, any office of truft or emolument,
civil or military, within this ftate.
And whereas, JudyEltoft, a free perfon of color, has petitioned this legiflature to
be made a free citizen of this ftate : *> cSn0f4fr6€
2. Be it therefore enacted, That the faid Judy Eltoft, of the county of Rich-
mond, be and ffie is hereby vefted with and entitled to all the rights, privileges and
immunities belonging to a free citizen of this ftate; with this exception, that ffie Exception
fliall not be a competent witnefs in any caufe where the perfonal rights or property of
any white perfon may be concerned.
DAVID MERIWETHER, Speaker of the Houfe of Reprefenkitives.
DAVID EMANUEL, Prejident of the Senate.
Aflented to December 2, 1799.
JAMES JACKSON, Governor.
An act to manumit certain perfons therein named.
WHEREAS James King, late of the city of Charlefton, deceafed, did by his preamble,
laft wilLand teftament, bearing date the twenty-ftxth day of March, in the
year of our Lord one thoufand feven hundred and ninety-feven, direft his executors
therein named 44 to take care of and manumit as foon as poffible his two negroes,
Lewis and China:"
And whereas Alexander King and Jofliua Moore, the executors named in the faid
laft will and teftament of the faid James King, have by petition applied to the prefent
legiflature, praying that the benevolent intentions of the faid James King, towards the
faid negroes, be carried into effeft:
1. Be it therefore enacted by the Senate and Houfe of Reprefenlatives of the Jlate ofm^tmLewis
Georgia, in General Affembly met, That the faid negroes, Lewis, and China, be andmanumu*d,
they are hereby manumitted and made free, and they are hereby entitled to the fame
privileges and immunities as if they had been born free.
And whereas Ezekiel Hudnall, has by his petition prayed the legiflature to manumit
the following flaves: Bridget Waters and her children, Leviny, Nancy, Daniel and
Syrus: m ^ .
2. Be it enabled, That the faid Bridget, Leviny, Nancy, Daniel and Syrus, be, Certain other
and they are hereby declared to be free and manumitted, according"to the prayer of
the faid petition.
And whereas it appears to this prefent General Affembly, that a certain Harry
M'Clendon, formerly the property of Jacob M'Clendon, and Rofe his wife, for-
merly the property of Andrew M'Lean, have purchafed their freedom, together
with the freedom of their children, of and from their former owners, and h^ve pray-
ed that their freedom, as purchafed, be fecured by law:
3. Be it further enabled, That the faid Harry, Rofe, and their children, Betfy b^^kc'.
and Keziah, be and they are hereby declared to be free, SSudT1*"
ESTRAYS.
4. Provided always, and be it further enaUed, That nothing in this a£t contained*
(hall be conftruedto give any perfon herein manumitted, any privileges, except fuch
as free people of color are entitled' to by the laws of this ftate,
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prifiient of the Senate.
Aflented to December 5, 1799.
JAMES JACKSON, Governor.
ESTRAYS.
An act Concerning efirays and for improving the breed of horfes,
SSkenup1' TJ^IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
and ^praised. J3 Georgia in General Ajftmbly met, That it fhall and may be lawful for any
perfon, upon his own freehold, or other perfon having charge of fuch freehold in the
abfence of the owner thereof, and not elfewhere, to take up all eftrays, whether horfe,
mare, colt, or filly, neat cattle, alfes, mules, or fheep, hogs, or goats that may be found
ftraying aw'ay from the owners; and any perfon taking up eftrays as above, fhall
within ten days, in cafe fuch eftrays have been broke to fervice, take or drive it or
them before a juftice of the peace in the county, whofe duty it fhall be, and he is
hereby required to take down in writing a particular defcription of the marks, natural
and artificial, brand, ftature, age and color of fuch eftray or eftrays, and immediate-
ly to ifiiie his warrant to two or more freeholders of the vicinage, commanding them,
having been firft duly fworn thereto, well and truly to appraife, or afcertain the va-
des-riptionto *ue eftray5 which appfaifement or valuation and defcription as above, together
theHS'w*th the name of the taker up, and the place of his abode, the faid juftice ftiall, with-
tendlys<?urtin *n ten days thereafter, tranfixiit to the clerk of the fuperior court in faid county, taking
fpecial care that the perfon or perfons taking up fuch eftray, do folemilly fwear, or
take an oath affirm, that he or they have not altered or caufe to be altered, the marks or brands of
fuch eftray, and to the beft of his or their knowledge and belief, fuch marks or brands
have, or have not, as the cafe may be, in any wife been altered, and that the owner is
to him or them unknown.
«ttfey»heepat 2' ^ ^further entitled, That in cafe any perfon ftiall take up any fuch eftray-
ed neat catde? iheep, goats, or hogs, he ftiall caufe the fame to be viewed by a free-
holder. rc holder in the county where the fame ftiall happen, and ftiall imtxiediately go with fuch
The taker i>p
freeholder, before a juftice of the faid county and make oath before him that the fame
ajustke and & was taken up at his plantation or place of refidence in the faid county, and that the
^^ndde'1' marks or brands of fuch eftray or eftrays, have not by him, or to the beft of his
trayif. knowledge been altered; and then the juftice fhall take from the taker up and free-
holder, upon oath, a particular and exa& defcription of the marks, color and age of
justice-skati and every fuch neat cattle j Iheep, goat or hog, and fuch juftice fhall, in manner
of appraLe_ant above directed, iffue his warrant for the appraifement of fuch eftrays, which defcrip-
vaMeandde- tion and valuation ftiall by the faid juftice, within ten days, be tranfmitted to the clerk
SXcffiii of the fuperior court, by him to be difpofed of as hereafter direfled.
STbEkof And be it further enacted, That it fhalLbe the duty "of every juftice of the peace
entries.00 0 belore whom any eftray ftiall bs carried as aforefaidj to enter a true copy of the eer-
sc8
TrCVtsd.
ESTRAY&
tog
tificate transmitted by him to the clerk of the court, in a book to be by him kept for
that purpofe. ' \
4. And be it further enabled, That it fhall be the duty of the clerk of the fuperior ci«vi.dmy
. , J 1 . n ii*ii *i • 1 • and I'owcrin
court in each county in tms irate, and he is hereby required to receive and enter in a «uchra«»
book by him to be provided and kept for that purpofe, all fuch certificates of de-
fcription and appraifement, as to him fhall be tranfmitted from the refpedive juftices
in the county ; and it (hall alfo be the duty of the laid clerk to affix a copy of every
fuch defcription and valuation to the court-houfe of his county, for two terms fuc-
cefiively, after the fame fhall be tranfmitted to him*
5. And be it further enacted, That in cafe no owner fhall appear in the term ofnorwi.cattfc,
twelve calendar months from the time of taking up any horfe, mare, colt, afs, mule or edinntweiveim*
neat cattle, in that cafe it fhall be the duty of the clerk, upon giving thirty days pre-ITethdtnd the
vious notice, by advertifement at the court-houfe, to proceed to fell fuch effrays for to county use*,
ready money to the highefl bidder, which money fhall, in the hands of the faid clerk,
be fubjed to the order of the fuperior court, for county purpofes, after defrayingthe
charges or fees herein after direded.
6. :And be it Jurther enabled, That in cafe any perfon fhall take up as afore faid,
any fheep, goats or hogs, and no perfon or perfons fhall appear and make fatisfadory three months
proof that the faid eflrays are his or their property, within three months from the
time of taking up fuch eflrays, the clerk having advertifed for three months at the court-
houfe, in that cafe the clerk is hereby direhled and authorized to proceed to the fale
of fuch eflrays as above direded, and the monies ariiing therefrom fhall alfo be ap-
plied as above.
7. Neverthelefs, be it further enabled-, That if any perfon or perfons fir all, with-6whlWscW(lt
in the term of twelve months from the time of fuch fale, prove to the fatisfadion of
the court, that the property fo fold was his or their own, or that of his or their em- hivetLe'pT
players, as the cafe may be, in that cafe the court fhall, after deduding the fees and fngchaSes"
charges hereafter defcribed, pay the balance of the money arifing from fuch fales to
, the claimants of fuch property.
8. And be it further enabled by the authority aforefaid, That the juflice, for his fer- ju3tices>fe«&
vices as above, fhall receive from the taker up, at the time fuch eflray or eflrays fhall
be brought before him, or a defcription and valuation thereof prefented to him as
above, the fum of three fhillings and fixpence for each horfe, mare, colt or filly, afs
or mule, and the fum of threepence halfpenny for each head of neat cattle, fheep,
goats or hogs*
- g. And be it further enabled, That the taker up of fuch eflrays fhall, as a com- The taker
penfation for maintaining and keeping of the fame, put them to immediate labor, J*Vda?or"eep«.
if. capable of fervice; and if incapable, or he fhould prefer it, receive from the own-taB-
er if claimed, or from the court if fold, a reafonable fatisfadion, to be adjudged by
the clerk and a juflice of the peace in the county, according to the circumflance of
the cafe: Provided neverthelefs, That, in cafe of putting him to labor, he fhall be ProTUo-
bound to produce them to the owner if claimed, or to the if fold, (cafualties
excepted) in as good condition as when appraifed;
10. And be it further enabled, That upon the delivery of any fuch eflray to the ms
legal owner, or in cafe of fale upon the fale thereof, the taker up fhall receive from
the owner or clerk, as the cafe may be, the fum of four fhillings and eightpence for
each horfe, mate, colt or filly, afs, mule or ox, in addition to the fum by him paid
to the juftice; and the fum of fevenpence for each head of neat cattle, fheep, goats
. D d
110
ESTRAYS.
of hogs, in addition to the Turns above mentioned, for the keeping and maintenance
of the fame.
clerk**fee>. * * • And be itfurther enabled, That the clerk {hall, for the receiving, entering and
publifhing every certificate as above direfted, and advertifing the property for fale,
if neceffary, the fum of two {hillings and fourpence, to be paid by the owner,
upon claiming the property, or dedufted out of the money arifing from fuch pro-
perty in cafe of fale, and the further fum of five per centum upon the balance of
fuch money, as a compenfation for felling, collecting and paying.
tosuperiiTnd* 12, And he it further enabled, That it {hall be the duty of the fuperior court * in
Xth£2atfton eac^ county, at each term, to call upon the clerks of the faid counties to give in a
cSksforin full ftatement of all monies by them collected in confequence of this aft; and alfo
nieTand^uT to require a juft and true account and reckoning of and from all juftices, toll-maf-
whoEnbeen ters or other perfons heretofore concerned in taking up or felling eftrays, and of the
^cemedwith monjes tjiat have arifen and not accounted for, or {hall arife from the fale of fuch ef-
trays taken up under the former laws of thisftate; and fuch juftice, toll-mafter or
other perfon fo concerned is and are required, under the penalties incurred by this law,
to render fuch account, and the balance of monies remaining in their hands, after
deducing the legal charges thereon, {hall be paid into the hands of the clerks of the
fuperior court, to be applied as herein is provided for.
toco°mpfywnifh 13. And be it further enabled, That any perfon taking up any eftrays as aforefaid,
te'ftrfdturet and failing or neglefting to comply with and fulfil the intent and meaning of this aft,
and being thereof duly convifted before three magiftrates, Ihall, for every fuch of-
fence forfeit a fum equal to double the value of fuch eftray fo neglefted to be tolled
and advertifed as aforefaid, to be recovered on information before any court having
cognizance thereof, one half to the informer, the other half to the ufe of the county.
SSablJto *4* And be it further enabled, That if any juftice or clerk {hall refufe or negleft
KgieSofduty.to Perf°rm the duties required of them by this aft, each juftice or clerk neglefting or
refuting {hall, for every fuch negleft or refufal, forfeit the fum of five pounds, one
moiety to be paid to the party informing, and the other moiety to the ufe of the
county where fuch offence {hall be committed, to be recovered by aftion of debt in
any court having cognizance of the fame, and fhall moreover be liable to an aftion
of damages to the party inj ured, and upon conviftion pay double cofts.
15. And for the improvement of the breed of horfes within this ftate, Be it fur-
ther enabled, That if any ftone horfe, above eighteen months old, {hall be found run-
ning at large, it Ihall and may be lawful for any perfon to take up the fame, and
having taken him before the neareft j uftice of the peace in the county, by the per-
miffion of the faid juftice, may geld the fame, taking care that the operation is per-
formed by a perfon ufually doing fuch bufinefs in the neighborhood, for which the
perfon fo gelding {hall receive one dollar, to be paid by the owner of the horfe: Pro-
vided neverihelefs, That if any perfon {hall take up and geld any fuch ftone horfe,
contrary to the true intent and meaning of this aft, or without fully purfuing the above
direbfion, he Ihall, for every fuch offence, forfeit to the party injured, double the va-i
lue of fuch horfe, which value {hall be afcertained by two refpeftable freeholders,
who were acquainted with fuch horfe, who fhall aft upon oath, to be recovered in any
court having cognizance of the fame.
'Steed horses
running at
Urge may DC
*rori».
* Jnferipr courts Ycfted with this power. See ads of 1796 and 1799.
ESTRAYS,
tix
16. And be it further enaBed% That all former laws or parts oflaws concerning ef- ,q£JrUw
trays, fhall he and they are hereby repealed, fo far as refpefts the taking up fuch ef-
trays contemplated by this aft.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives;
NATHAN BROWNSON, Prefdent of the Senate.
Concurred December 20, 1791.
EDWARD TELFAIR, Governor.
An aft to revifc and amend an aB^ entitled 6i An aft concerning efrays, and for impr*~
ving the breed of horfes."
1. T> E IT ENACTED by the Senate and Houfe ofReprefentatives of the fate of Geor- y
XJ gia in General Affembly met, and by the authority of the fame, That from and The sale of cat.-
after the palling of this aft, the fale of all eftrays, except horfes, mares, colts, fillies, to be in the dif>
affes or mules, {hall be in the captain's diftrift in which fuch eft ray may have been ta- they Retaken
ken up, and fhall be fold by thejuftices of the diftrift for ready money on their court
days; and atleaft: twentyndays notice of all fales fhall be given at one or more of thecourtdays-
molt public places in the diftrift.
2. And be it further enaBed, That thejuftices of the feveral company diftrifts fhall justices to Pa?
at the next inferior court after the faleof any eftray or eftrays, render an account thereof SfC*
in writing and pay over the monies received by them for eftrays fold, to the juftices of tSenSfirSfc-
thefaid courts refpeftively : and if any juftice of the peace fhall fail to pay to the in- Sngfivepe*
4 * ** A ^ , cent# commis-
ferior courts the monies for which fuch eftrays may have fold as required by this aft, «ons.
after dedufting five per centum commiflions and fuch other charges as are allowed by "heSoftohc
law, he or they fhall be punilhed by attachment as for a contempt, and fhall be com- ufieenuya*
mitted until the monies aforefaid fhall be paid.
3. And be it further enaBed, That if any perfon fh all pre fume to fell or difpofe of, „
1 i • 1 • r n. r 1 r r r rr ,5 Arsons selling;
or apply to his or their own ufe, any eltray, every fuch perfon or perlons fo offend- ownut^iS
ing, fhall be fubjeft to indiftment for a mifdemeanor, and on conviftion thereof fhall ^^rfdtSrt
forfeit and pay to the juftices of the inferior court for the ufe of the county in which ?i^°uofesuS
fuch offence may be committed, double the value of fuch eftray or eftrays fo fold, ap-cstrays*
plied or converted tohis, her or their ufe.
4. And be it further enaBed, That every eftray, horfe, mare, colt, filly, afs or
mule, fhall on the day they are to be fold agreeably to law, be brought to the court- couruhouse oa
houfe by the perfon who took them up, and delivered to the clerk of the inferior court by 6heday°fs3le*
twelveo'clock at fartheft, and on failure thereof, unlefs fatisfaftory proof can be given
in excufe, he, {he or they, fhall forfeit double the value thereof, to be recovered in the
manner herein before pointed out, Provided neverthelefs, Thatnothingcontained in this £®hest»yf
law {hall be conftruedas to prevent the original owner from receiving the amount of0wnermayr«-
fales of fuch eftrays, on application and fatisfaftory proof thereof being made to faid mount of sale,
inferior court, if fuch application is made in a term not exceeding two years after fuch two years aftQ?
fales ; and it fhall be the duty of the faid inferior court* to refund to the faid owner t"iesae*
the amount fales of fuch eftray or eftrays, after dedufting all legal coft and charges
therefrom.
t
£12
EVIDENCES.
SSifte.108 5* And be it farther enabled, That fo much of the aft entitled u An aft concern-
ing eftrays, and for improving the breed of horfes," as is repugnant to this a6t, lhall
be and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the'Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to February 15, 1799.
JAMES JACKSON, Governor.
EVIDENCES.
An act for pointing out the method of compelling perfons rejiding in this fate, to give
evidence in cafes pending in another.
Preamble. i. THERE AS much inconvenience has arifen to individuals from no compul-
y \ fory procefs having been adopted in the different Rates, to oblige the citi-
zens or refidents thereof, to give evidence in fuits pending in other Rates; for remedy
whereof, as far as it might be occafioned by perfons refiding within the Rate of
dfJTn tkis" Georgia, Be it enabled, That if theteRimony of any perfons refiding within the faid
lable to give Rate fliall be required, in any fuit pending in any court %f record in either of the
cases pending United States, and he, fhe or they fliall refufe to appear before commiflioners appoint-
mct ierbUtes. ^ ^ ^ ^ her examination, under a commiflion properly iffued and authenti-
cated agreeably to the laws and rules of the courts of the Rate from which it fliall be
fent, or appearing, fhall refufe to anfwer to fuch legal interrogatories as fliall be an-
nexed to the faid commiflion, and exhibited to him, her or them, it fliall be lawful for
either of the faid commiflioners, or the party upon whofe application the faid com-
miflion was iffued, to apply to any judge of the fuperior courts of this Rate, orjuf-
ticeof the inferior court of the county within which fuch perfon whofe teflimony is
required may refide, and upon producing before him fuch commiflion, and his being
fatisfied of its regularity, and on affidavit being made of fuch refufal, he fliall iffue a
fubpoena in the ufual form, direHed to fuch perfon or perfons as aforefaid, requiring
him, her or them to be and appear before the faid commiflioners at a certain time and
place, to anfwer to fuch legal interrogatories as may be annexed to the faid coirimiflion,
Ercris#. and then exhibited to him : Provided, That he fliall not be required to attend fuch ex-
amination, and give anfwers to the faid interrogatories, within lefs than two days after
the fervice of the faid fubpoena, neither fhall he be obliged to attend for fuch examina-
tion out of the county where he refides, nor more than ten miles from the place of his
refidence; and upon due fervice of the faid fubpoena upon fuch perfon or perfons,.
the fame fliall be returned to the commiflioners on or before the time appointed for the
examination and the fervice of fuch fubpoena, proven by the return of the proper of-
ficer; and on the refufal or negleft of fuch perfon or perfons to comply with its man-
date, endorfed on or annexed to the faid fubpoena, and returned to the fuperior or
inferior court, as the cafe may require, of the county in which fuch perfon or per-
fons refide, he, fhe or they, fhall be fubjeH for fuch negleB or refufal to all the pains
and penalties to which fuch perfon or perfons would have been fubjeH for a fimilar
default in any cafes pending in the courts of this Rate,
fee'-oflime®- 2' ^>1(^ ^ fur^LCr enabled, That the perfon or perfons whofe evidence fhall be re-
quired as aforefaid, fhalfl if they or any of them fliall require the fame, be entitled
EXECUTORS AND ADMINISTRATORS. 2J3
to the fame fees or pay, as perfons fummoned to give evidence in the fuperior or infe-
rior courts of this ftate.
THOMAS NAPIER, Speaker of the Iioufe of Reprefentatives.
BENJAMIN TALIAFERRO, Prejidati of the Senate.
Concurred December 16, 1794.
GEORGE MATHEWS, Governor.
ESTATES INTESTATE, EXECUTORS AND ADMINISTRATORS.
An aB to direB executors and adminifrators, in the manner and method of returning
inventories and accounts of their tefators and entejlates eflates, and for allowing
them and all other perfons who fhall or may be entrujled with the care and manage-
ment of minors and other efates, to charge commijjions thereon.
1. "\^7HEREAS, for preventing any fraudulent difpofition or embezzlement 0fPreamblc-
V V the eftates of perfons deceafed, it is highly expedient that executors and ad-
miniftrators (hould be obliged to render true and perfeft inventories and appraife-
ments of the eftates and effefts of their teftators and inteftates come to their hands
and pofleflion; And whereas it is alfo fit and reafonable, that, as well executors and
adminiftrators, as all guardians and truftees, fir all have an allowance for their trou-
ble and care in the management of the eftates committed to their truft; Therefore be
it enaBed, That from and after the paffing of this aft, all and every Executor* and theirduty-
adminiftrator who fhall, before the ordinary of this province for the time being, or
fuch perfon as he fhall depute or appoint, qualify him, her or themfelves, for the
adminiftration of the eftate and effefts of his, her or their teftator or inteftate, fhall,
upon oath, be bound to produce and fhew to the appraifers that fhall be appointed by
the ordinary for that purpofe, or any three or more of them, all and lingular the
goods and chattels of-nis^her or their teftator or inteftate, as have or fhall come into
his, her or their, or eitheWof their hands, pofteffion or knowledge, and within'fixtv
days after fuch his, her or their qualification, fhall caufe to be made a true and juft
appraifement, upon oath, of all and lingular the goods and chattels aforefaid, and
exhibit, or caufe to be exhibited, the faid appraifement, certified under the hands of
any three or more of the appraifers aforefaid, within four f months after fuch his,
her or their qualification, together with a full and perfeft inventory of all and fingular
the rights and credits of the faid teftator or inteftate, whether the fame be in ready
money, judgments, bonds, or other fpecialties, or notes of hand, together with a
lift or fchedule of the books of account of fuch teftator, to which books all parties
concerned fhall, upon requeft, and at convenient times, have free accefs; and every
fuch executor and adminiftrator fhall be, and they are hereby made chargeable with KiStiw"*
the real value of the goods and chattels in the faid inventory contained, and with fo JoSandchst-
much of the credits only as he, fhe or they, after due care and proper diligence, fhall Hea!uvent0"
recover and receive, in like manner as executors and adminiftrators are made charge-
able by the common and ftatute law of England.
2. And be it further enaBed, That no letters teftamentary, or of adminiftration, fhall mlnutS™*
be granted before the perfons applying for the fame do feverally and refpeftively take ex^vU"^'S
* Executors compellable to give fecurity by aft of 1792, feft, j,
£ Altered to three months by aft of 1792, feft. 2,
EXECUTORS AND ADMINISTRATORS.
the Following oath (mutatis mutandis.): u You, A. JS. (if executor) do fwear, that
you believe this to be the laft will of C. D. deceafed; or, you, A. B. (if an adtmnif-
trator*) do fwear, that C. Z>. deceafed* made no will, as far as you know and be-
lieve, and that you will produce, to fhewand inform the appraifers that (hall be ap-
pointed by the ordinary, all and fingular the goods and chattels of the faid C. P> de-
ceafed, as already have or ffiall, before the day of making the appraifement, come
into your hands, pofleflion or knowledge, and that you will well and truly adminifter
all and fingular the goods, chattels, rights and credits of the faid deceafed, and pay
his debts and legacies, as far as his eftate will extend, and the law charge you; and
that you will make a true and perfeft inventory of all the rights and credits of the
faid deceafed, whether the fame be in ready money, judgments, bonds, or other fpe-
cialties, or notes of hand, together with a lift or fchedule of the books of account
of fuch teftator and inteftate perfon, and exhibit, or caufeto be exhibited, the faid
inventory and fchedule, together wTith the appraifement of the faid deceafed's goods
and chattels, certified under the hands of three or more of the appraifers aforefaid,
into the fecretary's office of this province, within the time prefcribed by law."
5Hu™at?rt 3- And whereas, a cuftom hath prevailed among executors and adminiftrators of
takeSSat taking eftates, or fome part thereof, at the appraifement, when fuch appraifement
va?uaeXutmust hath often been under the real value; for prevention whereof for the future, Be it
SctB1u" 6 ena^e<^'> That no executor or adminiftrator ffiall hereafter be permitted to take any
eftate, or any part thereof, at the appraifement, and that no appraifement to
made as aforefaid ffiall be binding or conc!ufive,t either upon the creditors, legatees,
next of kin, or other perfon interefted in fuch eftate, or upon the executors or admi-
niftrators,but all and every fuch executor and adminiftrator ffiall be chargeable andac-
countable for the true value of fuch eftate, any praftice to the contrary notwithftanding.
tice'tob^given 4- And be it further enabled, That all intended fales of goods and chattels belong-
before the sale. jng to teftators or inteftates, ffiall be publiffied in two or more public places in the
parifli where fuch effefts are to be fold, and in the gazette, at leaft forty days before
the day of fuch intended fale.
Debtors made ^ 5* And be it further enabled, That in cafe any perfon^g the province ffiall here-
be sworn.
TdeasedfroX" after happen by his will to appoint his debtor to be his executor, fuch appointment
eXresXreV- ^a^ not? *n ^aw or equity, be conftrued or deemed to be a releafe or extinguiffiment
•edinthe will. 0£ any ^ae to ^ teftator, unlefs the teftator ffiall in his will exprefsly declare his
intention to devife, bequeath, or releafe fuch debt, any law, ulage or cuftom, to the
contrary notwithftanding.
Appraisers to 6. And be it further enabled, That no appraifers, that ffiall hereafter be appointed
to appraife any teftator or inteftate's goods and chattels, ffiall enter upon that office
before they ffiall have taken the following oath, before one of his majefty's juftices of
the peace of this province, who is hereby empowered to adminifter the fame : " You,
Then-oath. ^ g p £ p ^ fwear-5 that yOU will make a juft and true appraifement of all and
fingular the goods and chattels (ready money only excepted) of G. H. deceafed, as
ffiall beproduced by /. i£.Uhe executor or adminiftrator of the eftate of the faid G. H.
deceafed, and that you will return the fame, certified under your hands, unto the faid
I. K. executor or adminiftrator, within the time prefcribed by law."
7. And be it further enabled, That every perfon who fliall hereafter obtain letters
to^fven of adminiftration from the ordinary of this province, ffiall give bond J in the fecreta-
t<w». * Adminiftrator's oath prefcribed by the 8th fe£t. of the a<ft of 1792.
f Seealfo 2d fe6t. of the a£t of 1792.
j: Form of the bond prefcribed by the 8th fedh of the a£t of 1792.
EXECUTORS AND ADMINISTRATORS.
ry's" office, with fufficient fecurity to be approved of by the ordinary, according to the
ftatute of the twenty-fecond and twenty-third years of king Charles the fecond, for the
better fettling ofinteftates eftates.
8. And be it further enabled, That no letters of adminifiration fhall hereafter be Letters of ad-
granted by the ordinary of this province to any perfon or perfons whomfoever, as may i e gran-_
principal creditor or creditors to any inteftate, but upon fpecial truft and confidence, and paicredffin^
for the benefit of all and Angular the reft of the creditors; and that all debts* of an ther creditors,
equal nature fhall be difcharged by fuch adminiftrator or adminiftrators in average and nebtsofCqUai
proportion, as far as theaffets of the inteftate fhall extend, and that no preference fhall be
given among the creditors in equal degree; and that every fuch adminiftrator andadminif- !E,sfariU
trators, fhall be obliged to fue for fuch debts which he or they may reafonably expe6t
to recover, or, at the requeft and proper charges of any of the creditors of the inteftate,
aflign and empower them, or any of them, to fue for the debts outftanding to the ef-
tate of fuch inteftate, any law, ufage or cuftom, to the contrary notwithftanding.
9. And, That no creditor or creditors, to be appointed adminiftrator or adminiftra-
tors in truft, as herein before mentioned, may retain, in his or their hands the monies
he or they fhall receive by virtue of fuch adminiftration, longer than neceffary, Be it
further enabled. That every fuch adminiftrator or adminiftrators, fhall within twelve oftheletters,
months after the death of his or their inteftate, or after his or their obtaining adminif-
tration thereon, make a dividend of the monies arifing from fuch inteftates' eftate, and
effe&s, to and among the feveral creditors in like proportion as aforementioned : and
in cafe fuch eftate and effe&s fhall not then be wholly divided, a fecond dividend there- dend to be
of fhall be made within two years from the death of the inteftate, which fecond dividend ^ars.mtw*
fhall be final, unlefsany fuit fhall be then depending, or any part of the inteftates' ef-
tateftanding out, or uniefs fome future eftate of the inteftate fhall afterwards come to
the hands of fuch adminiftrator or adminiftrators, in which cafe he or they fhall, as
foon as may be, convert fuch future eftate into money, and fhall within three months
after, divide the fame, to which effedt it fhall be inferted in the condition of the bond
to be given as aforementioned, on obtaining letters of adminiftration.
10. And be it further enabled, That every executor and adminiftrator who fhall not, admtoismtor^.
within the time aforefaid, or within fuch further or other reafonable time as the ordinary dut^malehelr
fhall think fit to give, make and return into the fecretary's office aforefaid, fuch inven- executors'*
...ir . 1 - 11 i their own
tory and appraifement as is herein before directed to be made and returned, and who wrons-
fhall make default in mentioning or inferring therein all or any of the credits or effe&s
of his, her, or their teftator, or inteftate as aforefaid, which came into their hands to
be adminiftered, every fuch executor or adminiftrator fhall be, and they, and each of
them, are hereby made chargeable with and fubjedt to the payment of all and fingu-
lar the faidteftators' and inteftates debts, legacies, and bequefts, in the fame manner as
executors of their own wrong are fubjetted and made chargeable by the common or
ftatute law of England.
11. And be it further enabled, That it fhall and may be lawful to and for all and SSSS
every executor and adminiftrator, guardian and truftee, for his, her, and their care, &c*
trouble and attendance, in the execution of their or either of their feveral duties and
trufts, to take, receive, or retain, in his or their hands, a fum not exceeding fifty ffiil- two and an
lings for every hundred pounds which he, ffie or they, fhall hereafter receive, except
on the appraifed value of any eftate that fhall come into their hands ; and the like fum
of fifty ftnlu igs for every hundred pounds which he, ffie or they, fhall pay away in debts,
* The 10th fed. of the ad of 17.93 prefcribes the order in which debts fhall be paid.
EXECUTORS AND ADMINISTRATORS.
legacies, or otherwife, (excepting alfo the delivering up any fuch cflate to the pei fori
or perfons entitled to the fame, during the courfeand continuation of their, or either
of their management or adminiflration,) and fo in proportion for any fum, lefs than
proviso. * one hundred pounds ; Provided neverthelefs, That no executors or .adminiflrators,
guardian, or truflee, fhall, -where they have power fo to do, for his, her, or their trou-
ble, in letting out and lending any fum or fums of money upon intercll, and again re-
ceiving the monies fo lent and let out, be entitled to receive, take or retain any fum
Ten percent, exceeding the fum of twenty fhillings for every ten pounds, for all fums arifing by
sin^on^m.ney monies lent to intereft, fo to be by tHem received, and in like proportion for a larger
Sm!utby orleffer fum : And ft rovided alfo) That no executor, adminiflrator, guardian or truf-
tee, who is or may be creditors of any teftator or inteftate, or to whom is or may be
left or bequeathed any fum or fums of money, or other eftate or effefts, (hall be enti-
tied to any reward or commiffions for the payment or retaining to themfelves any fuch
debts or legacies, any law, ufage or cuitom to the contrary notwithftanding.
jxecutors and 12. But, as it may be very difficult to afcertain the proper and adequate allowance
maJblfnSt to be made in all cafes, and as the fums herein before allowed may not be fufficient
court6forafilii- compenfation for the care, trouble, and pains which executors, adminiltrators,
cumi comm,s" guardians, or truftees, may take 111 the management of their refpeftive trufts, in fome
particular cafes: Be it further enabled, That if any executors, adminiltrators, guar-
dians or truftees, w7ho fhall have had extraordinary trouble in the management of
theellates under their care, and lhall not be fathsficd with the fums herein before men-
tioned, fuch executors, adminiltrators, guardians, or tiultees, fhall and may be at lib-
•crty to bring an aftion in the general court of pleas for their fervices, and the verdict
of the jury, and judgement of the court thereupon, fliall be final and concluhve in
jnity»haiinot fuch cafes j Provided always, that no verdift lhall be given for more than fifty Ihil-
recover more ' i , , . . . '
«rahaifp°ernd *inSs Per cent' over anc* above the fums allowTeaby this act.
(fol remissions 13> And be it further enabled, That the commiffions given by this aft fhall be divi-
amongthem ded amongft executors, adminiltrators, guardians and truflee.sj according to the
tSfervices. proportion of the fervices by them refpectively performed, to be rated and fettled
by the chief juftice and twTo of the jufiices of the general court of pleas, in cafe the
executors, adminiflrators, guardians and truftees cannot agree'amongft themfelves
concerning the fame.
Continuation. 14*
A?id be it further enabled by the authority aforefaid, That this aft fhall be and
continue in force for the term of feven years, and from thence to the end of the
next feffion of Affembly, and no longer.*
By order of the Commons Houfe,
LEWIS JOHNSON, Speaker.
By order of the Upper Houfe,
JAMES HABERSHAM, Pre/dent.
Council Chamber-—Affented to 29th February, 1764.
JAMES WRIGHT.
* Continued by act of 1773, and hy the other reviving a As down to 17 £4.
An abl to carry into effefl the fixth fcftion of thefourth article of the confitution, touching
the distribution* of intefateejlates, directing the manner of granting letters of admin*
ijlration, letters tefamentarft, and marriage licenfes*
1. T3B IT EN ACTED by the Sendte dnd tioufe of Reftrefentatives of the fate of
A3 Georgia in General Affembly met, That the true-conftruftion of the fixth
* See a<ft of 1799> pointing out the mode of compelling diflribution.
..EXECUTORS AND ADMINISTRATORS.
t l7
fe£lion of the fourth article of the eonftitution, fhall and is hereby declared to be a
S Cmtstrudionof
Follows ; When any pcrfori holding real and perfonal eftate, fhall depart this life, intel - Sonofthe""
tate and without will, the laid eftate, real and perfonal, {hall be confidered as alto- oi the consii-
gether of the fame nature, and upon the fame footing; fo that in cafe of there being a
widow and children, or child, they lhall draw equal fliares thereof, unlefs the widow persons dying
' ■* intcstatcbcon**
ftiall prefer her dower - in which event fhe {hall have nothing further out of thesidt,ed ftl:e
. , £ • 1 a , , . . ^ . terne nature
real eftate than fuch dower; but lhall neverthelels receive her proportionable part ory^j;^dtD
ihare out of theperfonal eftatc. In cafe any of the children lhall have died before the deseed
inteftate, their lineal defccndants fhall Hand in their place and Head ; in cafe of their ^Tch°uirene'ti-
being a widow, and no child or children, or legal reprefentatives of children, then jSsmthe,r
the widow lhall draw a moiety of the eftate, and the other moiety fhall go to the widow, and nfc
next of kin in equal degree and their reprefentatives. If no widow, the whole ftiall shall have one
go to the child or children. If neither widow, child, or children, the whole ftiall jSuie'nextof*
be diftributed among the next of kin in equal degree, and their reprefentatives; but ^worchT1"
no reprefentatives ftiall be admitted among collaterals, further than the child or chil- toebcdivided0?
dren of the inteftate's brothers and fillers. If the father or mother be alive, and a
child dies inteftate, and without iffiie, fuch father (or the mother, in cafe the father be [fvperse;enta*
dead, and not otherwife) ftiall come in on the fame footing, as a brother or lifter would
do. The next of kin lhall be inveftigated by the following rules of confanguinity, *«!«<*«■-
. that is to-fay, children lhall beneareft; parents, brothers and filters ftiall be equal inS£nguinity'
refpeft: to diftribution, and couftns ftiall be next to them : The half blood lhall be
admitted to a diftribution Ihare of the real and perfonal eftate in common with the fullwh0lc-
blood.
2. And be it further enacted, That the fame rules ftiall obtain in regard to the sametuiMi*
"granting letters of adminiftration on inteftate eftates, as are before mentioned
the diftribution thereof: and Ihould any cafe' arife, which is not exprefsly pro-
vided for by this a£l, refpeBing inteftate eftates, the fame fhall be.referred to and
determined by the common law of this land, as it hath flood fince the firft fettlement
of this ftate, except only, that real and perfonal eftate fhall always be conlidered in cmmomb.
refpehl to fuch diftribution as being precifely on the fame footing : And in cafes of
intermarriage, fince the twenty-fecond day of February, one thoufand feven hundred
and eighty-five, the real eftate belonging to the wife fhall become veiled in, and pais bSd"the hus~
to the hufband, in the fame manner as perfonal property doth; and in cafe of the
death of the hufband thereafter, inteftate and without will, the faid eftate ftiall defcend and
and become fubjebl to diftribution, in the fame manner as perfonal property.
3. And be it jnrther enabled by the authority ajorefaid, That all letters of adminiftra- feriof"®mfni^
tion ftiall be granted, letters teftamentary iflued by, and the proving of wills, be before vtag°£ilu?pr°4
. the regifter * of probates of the county; and where applications are made for letters of
adminiftration, the regifter ftiall give thirty days' notice thereof in fome public gazette,
and by advertifement at the court-houfe in each county, before fuch letters lhall be
granted ; But fuch regifter fhall or may at his difcrgtion, grant letters to colleB, and
take care of the eftate and effects of the deceafed, as well during the thirty days, as
pending any fuit touching the right of granting fuch adminiftration or otherwife, as
the occafio.n fhall require, taking good and fufficient fecurity from the perfon or per-
fons to whom he lhall grant fuch temporary letters.
4. And be it further, enabled by the authority aforefaid, That the judge or judges of yoc;'f^vi{'°
the fuperior court lhall be, and they are hereby authorized and empowered to take j^£r4Dti3*
r * This power is now vefted in the court of ordinary. See ad of 16th February, 1799,
lU c
ai8 EXECUTORS AND ADMINISTRATOR!
cognizance of, to hear and determine all controverfies refpe&ing the proving of
wills and teftaments, the granting letters teftamentary, arid letters of admimftration ;
and that in all cafes wherein a caveat has been before entered, and is yet undetermin-
send up all ca- cd, or wherein a caveat may hereafter be entered, to prevent the proving of a will,
rerioVcouiV"1" granting letters teftamentary, or letters of adminiftration, the regifter of probates {hall,
twenty days before the firft meeting of the fuperior court of each county, make up
the record of all proofs and allegations touching the matter in difpute before him ,
and lay the fame before the judge or judges of the fuperior court, who, after hearing
the parties, and confidering the proofs exhibited, or to be exhibited, {hall proceed to
determine on fuch caveat, agreeably to the rules and; principles of law and equity.
coumy°tohe 5. And be it further enaBecl, That where the regifter of probates applies for letters
.vcnttoctteie- of adminiftration or letters teftamentary, the fame fhall, in fuch cafe only, be granted,
S1'"ter' by the clerk of the county, under the regulations herein contained : Provided. aU
ways, That a record of fuch proceedings {hall neverthelefs be made in the office, of
fuch regifter after the proceedings are completed.
Registershaii^ g. A nd be it further enaBed, That the regifter of probates in each county, (hall
iReufes. s grant marriage licenfes to any minifter of the gofpel, or juftice of the peace, to join
perfons of lawfuTage, and authorized by the levitical degrees, to be joined together
in the holy ftate of matrimony; and where fuch perfons, intending to marry, {halt
have the banns of the marriage publifned three times in fome public place of worfhip,
it fhall be lawful for fuch minifter or juftice, to marry the perfons fo publiftied afore-
rying them 0- faid; and any perfons marrying without fuch licenfe or publication, the perfon mar-
k\Yonleeimnfr"ryins[ them {hall forfeit one hundred pounds, to be recovered for the ufe of the aca-
tired pounds to .' 0 P , *■
theuse cfthe demy 01 the county.
SEABORN JONES, Speaker of the Roufeof Reprefentaiives-
NATHAN BROWNSON, Prefident of the Senate.
Concurred Dcember 23, 1789.
EDWARD TELFAIR.
Jfo ali to authorize and empower executors and adminijlrators to make titles to land ifi
certain cafes.
JndEmems l- T3 ^ ^T ENACTED by the Senate and Iloufe of Representatives of the fate of
A3 Georgia in General Affembly met, and it is hereby enaBed by the authority of the
torlfwiwrfame, That where it fhall clearly and indifputably appear, that any perfon or perfons
Stateufihadhath, or have entered into any bond, obligation, or other agreement in writing, where-
bondlo"other by they were bound to make titles to any lands, tenements or hereditaments, and fhall
that purpose, r die without having performed the fame, or making provifion thereof by will, the per^
out complying fon or perfons to whom fuch bond, obligation or other agreement in writing as afore-
with the same. r . . 1 n <1 • • i «• t • P • i i t
Petition!th»t was 8iven5 Petltlon the court or ordinary m which the executors or adm*-
courtofordi- niftrators refide, and annex a copy of fuch bona, obligation, or other agreement there-
to, praying the court to direfl the executors of fuch teftator, or adminiftrator of fuch
inteftate, to make titles for the lands, tenements or hereditaments, expreffed in the
faid bond, obligation, or other agreement; whereupon the faid court fhall give at leait
^thereof. three months' notice, in one of the public gazettes, and in the public places of the coun-
ty, of fuch applications; and that the executors or adminiftrators wilFhe dire&edf at the
court to beheld at the next term, to make titles agreeably to fuch bond, obligation or
agreement; and if no objedlion (hall be made thereto^ during the faid next term, it {ball
and may be lawful for the executors of fuch teftator, or the adminiftrators of fuch in*
fcKECUTCms AMD aMHMISTRaTORS,
legate, upon application made to him or them for that purpofe; and upon its being
made known to his, her ot'their fatisfaftion, that the contraft hath been carried fairly
into effect, on the part of the perfon or perfons to whom fuch bond, obligation or
t>ther agreement in writing was nvade, or their legal reprefentatives, and the amount
of the pur chafe money or the confideration for which the fa-id contrail was entered
into fhali be fully paid or performed, with the concurrence of the court of ordinary
of the county in which the inte'ftate died or refided at the time of his or her deceale;
to make and execute titles in fee fimple for fudh lands or tenements, and fully andTWef to he ,
completely perform the contraft and agreement of the deceafed, as perfectly and ef. Sionoflllc
feftually, to all intents and purpofes, as the party having made the faid eontraft mightcourt'
or could have done when in life, any law to the contrary notwith (landing: Pr
always ntverthelefs, and be it further enaBed, That if any of the heirs or legal rep re-
fentatives of the deceafed, (hall oppofeor diffent to the making of fuch titles by the
executor or adminiftrator, fuch executor or adminiftrator ffiall withhold and forbear
to make fuch title or titles, until a Tuit {hall be inftituted againft him or them, and a
verdift of a jury, or judgment of the court, fhall pafs againft him for that purpofe.
2. And be it further enabled. That it fhall he the duty of fuch executor or execu-Dcscr;pt;olk0^
tors, adminiftrator or adminiftrators, in all cafes where titles to lands are made in Ihe'indm^t
virtue of this aft, to make a fair ftatement thereof, defcribing the boundaries and cteftvoflSflf
fituation of the land, and return the fame, together with the bond, obligation or other ^ kiid'c<rtm-
agreement in writing, which may have been taken up upon making fuch titles, to the
court of ordinary, to be filed in the clerk's office of that court, fubjeft to the infpec-
tion of all perfons interefted.
DAVII> MERIWETHER, Speaker of the Houfe of Reprefentatives *
ROBERT WALTON, Pnfihni of the Senate,
Alfented to Februarv 15, 1799.
JAMES JACKSON) Governor,
An act to Carry into effeB thef'xth feBion of the third article of ike eo)ijlitUlion, mid t'i
amend an aB, entitled 44 An act to carry into eff'eB the fixth feBion of the fourth ar~
tide of the conflitution," touching the dijlribution of intef ate eftates, HreBing the
Wanner of grunting letters of ddminifiration^ letters teflamentary, and marriage li-
cenfes, and to prevent entails,
i . "l^E IT EN ACTED -by ike Senate ■and Boufe of Reprefentatives of the fbate of
iO Georgia in General Affembly met, and by the authority of the fame it is hereby
enaBed, That from and after the paffing of this aft, the inferior courts in each coun- juri«ciiai0n
ty fhall have jurifdiftion axd authority to hear and determine all caufes, matters, fuits ordinal **
and controvcrfies, teftamentary, which .fhall be brought before them, touching the
proof of wills; and fhall examine and take the proof of wills-, grant probate there-
of, and fhall hear and determine the right of adminiftration of eftates of perfons dying
inteftate, and to do all other things touching the granting letters teftamentary and let-
ters of adminiftration, according to law and right, and ffiall appoint its own clerk, Tte come stea
who ffiall be commiffioned by the governor, and before he enters on the duties 0fappolllta der •
his office, ffiall take an oath, Well and truly to perform the duties required of him as
clerk -of the court of ordinary, to be adminiftered by one of the judges thereof.-
*20 EXECUTORS AND ADMINISTRATORS.
Applications 2. And be it further enabled, That all applications for letters of adminiftration (hall
adminUtiation be made to the clerk of fuch ordinary, who fhall give notice thereof in one of the
tS'e cierk., wh°o public gazettes of this ftate, and by advertifement at the court-houfe of fuch county,
at dl*rty da>'s before the fitting of the faid court of ordinary; and fuch clerk
5rfhihcofrtl"B may at difcretion grant letters to colleQ: and take care of the effefts of the deceaf-
cierkmay ed, until the meeting of fuch court; and the faid court {hall alfo grant fuch letters in
grant tempora- " a > ^ &
iy lettersy a}[ cafes where, there fhall be an appeal from the determination thereof to the iuperior
court, and in either cafe, the perfon obtaining fuch temporary letters of adminiftra-
tion, fhall give bond and fecurity for the faithful performance of the trufl repofed in
fuch perfon or perfons.
ikenftsfd^ec- 3- nd bt ^ further enabled, That the clerks of the courts, or ordinary, in the fe-
Judge j^ice veral counties, fhall grant marriage licenfes, direHed to any judge, juftice of the in-
*hjgospeLof ferior court, juftice of the peace, or minifter of the gofpel, to join perfons of law-
ful age, and authorized by the Levitical degrees to be joined together in matrimony;
orbannsmay anc[ where fuch perfons intending to marry fhall have the banns of marriage publifh-
ed three times in fomc public place of worfhip, it fhall be lawful for fuch judge, juf-
ticeof the inferior court, juftice of the peace, or minifter of the gofpel, being duly
Five hundred certified thereof, to marry the perfons whofe banns have been fo publifhed; and any
turefo/any1' perfon marrying any couple without fuch licenfe, or publication of fuch banns, fhall
a couple withy forfeit five hundred dollars, to be recovered for the ufe of the academy of the county,
banBMobe^p- by aftion of debt in any court having cognizance thereof, in the name of the com-
plied to the use J. „ / O O '
cfthcacademy. mmioners or luch academy. -
clerk's fees. 4. And be it further enabled, That the fees of the clerk of the court of ordinary
fhall be the fame as thefees heretofore allowed to regifters of probates.
Estatesnotto 5« And be it further enabled, That eftates fhall not be entailed.
i,eenfa,iPd And be it further enabled, That fo much of the faid recited a6l as comes within
the purview of this, fliall be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives. .
ROBERT WALTON, Prefidm of the Senate.
Affented to February 16,1799.
JAMES JACKSON, Governor.
An abl, to be entitled an abl to protebl the efates of orphans, and to make permanent
provifion for the poor,
WHEREAS there is no law in this ftate which fufficiently points out the manner
in which the eftates of deceafed perfons fhall be afcertained, and the duty of
executors and adminiftrators prefcribed, whereby orphans and others are injured in
their juft rights: for remedy whereof,
atfminitrators 1* ^ cabled by the Senate and Houfe of Reprefentatives of the fate of Georgia, in
nu^uywitiuh^Af embly met, That every executor and adminiftrator fhall annually, whilft
register eftate fhall remain in his or their care or cuftody, on the firft day of January, or
within ten days thereafter, render to the regifter of probates in the county in which
they obtained probates of will, or letters of adminiftration, a juft and true account,
upon oath upon oath, of the receipts and expenditures of fuch eftates the preceding year, which,
Accounts to he when examined and approved, fhall be depofited with the inventory and appraifement,
jg.osite4iath.or other papers belonging to fuch eftate; in the faid office, there to be kept for the
Repealing
xlawse.
EXECUTORS AND ADMINISTRATORS.
221
ffifpeftionof fuch perfons as may be interefted in-the faid eftate; and that no charge
fhall be made for fach fearch and infpeftion by perfons interefted; and if any exe- tsg^e*[s
cutor or adminiftrator ffi all negleft to render fuch annual accounts, he fhall not be ^onsforne-"
entitled to any commiffions for his trouble in the management of the faid eftate, and
/hall moreover be.liable to be fued for damages by any perfon or perfons interefted in
the faid .eftate; and in all cafes wherein probate of will or letters of adminiftration
have, been at any time heretofore obtained, and letters difmiffory have not been had
thereupon, every fuch executor or adminiftrator fhall, within twelve months after
thepaffing of this..aft, render into the regifter of probates' office, in the county where-
in the faid probate of will or letters of adminiftration had been obtained, a juft and
.true account, upon oath, of the receipts and expenditures of fuch eftate for the time
he or they hath or have had the charge, care or cuftody of the fame, and in cafe fuch
.executors or adminiftrators fhall negleft to render fuch accounts fairly ftated, toge-
*ther with a copy of the feveral vouchers to eftablifh fuch accounts, fuch executor
or adminiftrator fhall not be entitled to any commiffions for his trouble in the ma-
nagement of fuch eftate, and fhall moreover be liable to be fued for damages by any
perfon or perfons interefted in the faid eftate; and in fuch feveral cafes of negleft the
charge of commiffions fhall not be admitted in any court of record in this ftate: And
in cafes where any perfon fhall die teftate, and appoint an executor fir executors to
his will, againft which executor or executors there fhall be any charge of negleft or
mal-praftice, by any devifee, legatee or creditor, that the fuperior court fhall hear
and determine fuch charge and complaints and if the judge of fuch court fhall deter- superior court
. o 1 -j may on com-
mine in favor of the application, then and in fuch cafe the j udge of the court fhall or- piamt comPCi
^ . r r " # J O ^ executors to
der anddireft that the executor fo complained of, fhall give fecurity, in the difcretion give security,
of the court, for the faithful execution of the truft.
2. And be it further enaded by the authority aforefaid, That when any will fhall be Estate? to he ia«
proved, or application is made for adminiftration for any perfon dying inteftate, the
regifter fhall direft the executors or adminiftrators, to make out an exaft inventory of
the perfonal eftate of the deceafed, and fhall appoint three or more refpeftable free-
holders, who fhall appraifethe fame on oath, which inventory and appraifement fhall
be returned within three months into the regifter's office; and every appraifement App^sen^ent
made as aforefaid, may be given in evidence in any aftion againft fuch executors or deunceeofVthc
adminiftrators, to prove the value of the eftate, but fhall not be conclufive, if itvalue-
fhall appear on the trial of the claufe that the eftate was really worth or bona fide fold
for more or lefs than fuch appraifement.
3. And be it further enaded, That when any perfon fhall make a will in writing, fentt^ytfc^fl
without appointing any executor or adminiftrator therein, or fuch executor or exe- ^ t""™.
cutors fhall refufe to qualify, the regifter of probates of the county wherein fuch wiuwmcKd.
will fhall be proved, fhall on application, grant letters of adminiftration with the will
annexed, to fuch perfon or perfons as would have been entitled thereto, if the deceaf-
ed had died inteftate. And if any perfon fhall die inteftate, the regifter of the coun-
ty wherein the will of fuch perfon (had he or flie left one) would have been proved,
fhall grant letters of adminiftration to them who would have been entitled thereto.
4. And be it further enaded, That if anyperfon having in poffeffion the will of a
deceafed perfon, fhall negleft to produce the fame to be proved, upon application to p^nn^^"
the fuperior court of the county where fuch will ought to be proved, procefs as for
contempt fhall iffue, and the perfon fhall be fined and imprifoned until the wi^l fhall
be delivered.
£22
EXECUTORS AND. ADMINISTRATORS.
5* it farther cnatted. That every executor or adminiftrator, with the will
annexed, at the time of proving the will, Or granting adminiftration, fhall take the
SSiST''"1 Allowing oath:
" I do folemnly fwear, that this writing contains the true laft will of the within
named A. B. deceafed, fo far as I know or believe; and that I will well and truly
execute the fame, by paying fifft the debts, and then the legacies contained in the faid
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 fuch goods and chattels.
So help me God.'"
Such adniinii- 6. And the adminiftrator With the will annexed, fhall enter into bond, with good
Iracor to £ive - . •
jond aiKi-secu. and fufficient fecurity, in a fum equal to the value of the eftate at leaft, the condition
ftodltSi?c which bond fhall be in form following, to wit: " The condition of this obligation
is fuch, that if the above bound C. D. adminiftrator (with the will annexed) of the
goods, chattels and credits of E. F. deceafed, do make, or caufe to be made, a true
and perfeCl inventory of all and lingular the goods, chattels and credits of the faid
deceafed, which have or fhall come to the hands, or poffeffion, or knowledge of the
faid C. D. or into the poffeffion of any other perfort for him; and the fame fo made*
do exhibit to the fuperior court of the county, or to the regifter of probates thereof,
at fuch time as he (hall be thereunto required by the faid court of regifter, and 'thfc
fame goods, chattels and credits do well and truly adminifter according to law, and
make a juft and true account of hisaftings and doings, when by law required; andr<
further do well and truly pay and deliver all the legacies contained and fpecified in the
laid will, as far as the faid goods, chattels and credits will extend, or the law require,
^yabSthc L'ncn obligation to be void, el'fe to remain in full force." Which bond fhall be
mabe payable to the regifter of probates for the county, and his fucceffors in office,
dcrkteofficethe an^ recorded in the clerk's office of the fuperior court, and may be fued for from time
to time by any perfon injured by the breach thereof, until the whole penalty be reeo-
vered, and damage fuftained, being affeffed on fuch fuit by the verdftft of a jury,
may be levied by execution, and paid to the party for whom they were affeffed.
S.inislrat01i 7- Every adminiftrator when letters are granted to him, fhall take the following
oath or affirmation, as the cafe may be, before the regifter of probates : " I do folemn*
ly fwear or affirm, that A. B. deceafed, died without any will, as far as I know or be*
lieve, and that I will well and truly adminifter on all and fingular the goods and chat*
tels, rights and credits of the faid deceafed, and pay all his juft debts, as far as the fame
will extend, and the law requires me ; and that \ will make a true and perfect inven-
tory of all and fingular the goods and chattels, rights and credits, and a juft return •
thereof, when thereunto required; So help me God."
Shall give bond 8. And fuch adminiftrator fhall alfo enter into bond with good fecurity, to be ap*
ami aeeunty. p0jntec| p,y the regifter, in a fum equal to the, full value of the eftate, with a condition
feliuon!15 Allowing, to wit; " The condition of the above obligation is fuch, that if the above
bound A. B. adminifter to the goods, chattels and credits of C. D. deceafed, do
make a true and perfect inventory of all and fingular the goods, chattels, and credits
of the faid deceafed, which have or fhall come to the hands, poffeffion Or knowledge
of the faid A, B. or into the hands or poffeffion of any other perfon or perfons for
him ; and the fame fo made, do. exhibit into the faid court of when he fhall
be thereunto required ; and fuch goods, chattels and credits, do well and truly ad-
minifter according to law, and do make a juft and true account of his aftings and do*
ings thereon, when required by the fuperior court or regifter of probates for the coun*
ty. And all the reft of the goods, chattels and credits, which Shall be found remain-
EXECUTORS AND ADMINISTRATORS.
223
ing, upon the Account of the faid adminiftration, the fame being firft allowed by the,
faid court, fhall deliver and pay to fuch perfons refpe&ively, as are entitled to the
fame by law. And if it fhall hereafter appear, that any la ft. will and teftament, was
made by the faid deceafed, and the fame be proved before the court, and the execu-
tors obtain a certificate of the probate thereof, and the faid A. B. do in fuch cafe, if
required, render and deliver up the faid letters of adminiftration, then this obligation
to be void, elfe remain in full force." Which bond fhall be made payable to the re-
gifter of probates, for the county in which the fame fhall be given, and to his fuc-like manner-
ceffors in office, and recorded in the clerk's office of the fuperior court, and may be
fued in like manner as is prefcribed in the preceding claufe of this a6t, in the cafe
of bonds given by executors with the will annexed ; and in cafe the regifter fhall fail
to take bond with fufficient fecurity as afarefaid, fuch regifter fhall be liable to be JmtSaty,
fued for all the damages arifing from fuch negleft, by any perfon or perfons inte.refted d^gc'sleto
in tfie eflate. If the fureties for adminiftrators conceive themfelves in danger of being Securities of ad*
injured by fuch furetyffiip, they may petition the fuperior court of the county wherein m"y t^re-4
they ftand bound, for relief; which court {hail fummon the adminiftrator to appear,
and thereupon make fuch order or decree as (hall be fufficient to give relief to the
petitioner.
9. That if any widow, after having obtained letters of adminiftration, fh all marry Letters of ad«
again, it fhall be in the difcretion of the judge of the fuperior court, to revoke the graSha"
adminiftration to her granted, or join one or more of the next of kin to the in te ft ate, he/^riagej*
in the adminiftration with her, j°cSwWer.
}o. The debts due bv any teftator or inteftate, fhall be paid by executors or admi-
nsftratetrj! in the order-foliowing, viz. funeral and other expences of the la.ft ficknefs; v
charges of probate and will, or, of the letters of adminiftration ; next debts due to
the public; next judgments,, mortgages and executions, the eldeft firft; next rent;
then bonds or other obligations; and laftly, debts due on open accounts; but no pre-
ference whatever fhall be given to creditors in equal degree, where there is deficiency
in affets, except in the cafes of judgments, mortgages that fhall be recorded, from
the time of recording, and executions, lodged in the fheriff's office, the eldeft of which
{hall be firft paidj or in thofe cafes where a creditor may have a lien on any part of
the eftate, Every executor or adminiftrator fhall give fix weeks' notice by advertife-
ment in one of the public gazettes in this, ftate, or at three different places of the moft
public refort in. the county,for creditors to render an account of their demands; and
they fhall be allowed twelve months to afcertain the debts due to and from the de-
ceafed, to be computed from the probate of the will or granting letters of adminiftra-
tion. And creditors neglecting to give in a ftate of their debts within the time afore- creduomwi t
{aid, the executors or adminiftrators fhall not be liable to, make good the fame, nor ™a»d?ndtcwdve
ftrall any aQion he commenced againft any executor or adminiftrator for the recovery moQtl,s-
of the debts due by the teftator, or inteftate, until twelve months after fuch teftator
or inteftate's death.
11. That all and every the executors and adminiftrators of any perfon or perfons,
who as executor or executors in his or their own wrong, or adminiftrators, fhall wafte
or convert any goods, chattels, eftate or affets of any perfon deceafed to their own
ufe, fhall be liable and chargeable in the fame manner as their teftator or inteftate
would have been if they had been living.
12. And be it further enabled, That it fhall and may be lawful fo.r the inferior
xourts in the feveral counties of this ftate, to order a fale, which fhall be at public ^0a[tr^aln";
au6lion? and on the firft Tuefday of the month, at the place of public fales in the
224
EXECUTORS AND ADMINISTRATORS.
faid county, firft giving, fixty days' notice thereof in one of the gazettes, and at the
door of the court-houfe in the county where fuch application lhall be made, of fuch
part or the whole of the real eftate of every teftator or inteftate, on the application of
the executor or executors, adminiftrator or adminiflrators, of fuch tellator or intef-
tate, where it is made fully and plainly appear that the fame will be for the benefit of
provifc. ke^rs or creditors of fuch eftate: Provided, That a notice of fuch application
for fale be firft made known in one of the gazette- in this ftate, and at leaft nine
months before any order abfolute fit all be made thereupon.
The aft of 13. And be it further enabled, That an aCt, entitled " An a CI to direCt executors
i|64Sph7'and adminiflrators in the manner and method of returning inventories and accounts
ceiirher.Sjsi?, °f their teftators and inteftat-es' eftates, and for allowing them, and all other perfons
oSraSa^ainii w^° or may interefted with the care and management of minors and other ef-
tiuaft. tates, to charge commiflions thereon," pafled the twenty-ninth day of February, one
thoufand feven hundred and fixty-four; and an aCt, entitled " An aCt to carry into
effeCt the fixth fe&ion of the fourth article of the conftitution, touching the diftribu-
tion of the inteftate eftates, directing the manner of granting letters of adminiftration,
letters teftamentary, and marriage licenfes," pafled the twenty-third day of December,
one thoufand feven hundred and eighty-nine, be, and the fame are hereby declared to
be in force, in cafes where they apply ; but no claufes therein fhall be admitted to
operate againft this prefent aCt.
fffcrimwurt6 14< And to end that permanent proviflon be made for the poor, Be it further
forthe^poorj6 enabled, That the inferior courts in the feveral counties in this ftate, fliall have power
phnaig°,uapSnt to enquire into the circumftances of the poor, bind out orphans, and appoint guar-
verseers, &c- dians, in the manner pointed out by law7, and appoint overl'eers over the poor, Pro-
vided, That no juftice of the inferior court fhall be appointed an overfeer of the poor*
May levy4 And the faid juftices and overfeers of the poor, fhall have pow7er to levy annually a
poor tax. -taXj aDCj afpefs all taxable property returned in their refpeCtive counties, not exceeding
one fourteenth part of the general tax of fuch county annually, which fhall be col-.
leCted by the tax collector of the county, who fhall be allowed at and after the rate
fecei?e0fiv? °f Pe* centum on the net amount of fuch collection, and who fhall at the firft
cent. inferior court, after the firft Monday in May annually, make to tfle juftices of the in-
ferior court'a true return of the ftate of the collection of fuch tax, add a report in
writing of his proceedings, and fliall therein fairly ftate the amount of his collection;
and that the tax collectors' ftatements and collections fo made up, fhall be filed of re-
cord in the clerk's office, open to the infpeCtion of any perfon interefted therein.
Mode of coi- And in cafe any perfon or perfons fhall refufe 05 negleCt to pay fuch tax, it fhall and
icttion. may be lawful for the fheriff of the county to diftrain for the fame, in like manner
as the collectors are authorized to diftrain for the general tax, and fhall have the like
commiflions therefor, and the money arifing from the faid tax fhall be paid into the
hands of the faid overfeers, for the relief of the poor"; and the faid overfeers fhall,
once in every year, make up their accounts and lay the fame before the^ juftices of
the faid court, who fhall exprefs their approbation or difapprobation of the fame, on
the back of the faid accounts fo to be produced.
15. And whereas the juftices of the inferior court were authorized in and by an aCl,
entitled " An aft for regulating the judiciary department of this ftate", to make afleff-
tnents for the relief of the poor, in the feveral counties, in this ftate, and no mod$
was therein expreffed in which a ftatement fhould be made for the fame.
EXECUTORS AND ADMINISTRATORS.
lG. Be it enabled, That all monies railed by fuch affeffment fliall be accounted £S
for within fix months after the paffing of this aCt, and the tax colleflor fhall bring a to Ijc .irr tun-
fair ftatement of the fame into his firlt report, and in cafe the perfon or perfons who«aw«wi!4
ihall have received the faid monies, and upon demand, and due notice by the faid
colleftor, fhall refufe or negleft to account for fuch monies as aforefaid, then, in
that cafe, the collector fhall procure fuch evidence as may bcnecelfary to fubftantiatc
fuch account, and fhall thereupon apply to the attorney or folicitor general, to ccm-
mence fuit or fuits at law for the recovery of the money fo withheld, and the delin-
quent fhall moreover be fubjeft to treble coft.
WILLIAM GIBBONS, Speaker of the Hoitfe of Reprefentativcs.
BENJAMIN TALIAFERRO, Prefidait of the Senate.
Concurred December 18, 1792.
EDWARD TELFAIR, Governor*
An ablfor the better protection and fecuriiy of orphan's and their efates»
i. THl E IT ENACTED by the Senate and Honfe of Reprefentativcs of the fate of.
JL3 Georgia in General Affembly met, and by the authority aforefaid it is hereby en-
atfed, That from and after the paffing of this aft, it fhall be the duty of the clerks of
the courts of ordinary, in the reipeftive counties, to enter into a book to be kept for S^eef0efra,i
that purpofe, the names of all the executors, adminiffrators and guardians, which &
may have been or fhall in future be appointed in the feveral counties, together with
the names of their fecurities, which book fhall at all times be fubjeftto the examina- secreta"
tion of the inferior court, and of fuch other perfon or perfons, as may be interefted
therein. +
2. And be it further enabled, That all guardians, executtirs arid adminiftrators, SiunKl?
heretofore appointed, and which fhall hereafter be appointed, fhall at the next inferior
court, after the expiration of nine months in the refpettive counties after the paffing ofJ^tRsuch
this a61, exhibit an account on oath of all the eflate of fuch orphan or deceafed perfon, JhSibceSSd
which he or they fhall have received to be entered by the clerk of the court of ordinary 5 a book kept fur
in a book to be kept for that purpofe only; and when fuch court fhall know or be jn_thatPuri°»e.
formed that arty fuch guardian, executors, 'or adminiftrators, fhall wafte or in any man- 2t"«0hS£Jd-
ner mifmanagethe eftate of fuch orphan or deceafed perfon j or does not take due carebePre'e,ltcd-
of the education, and maintenance of fuch orphan according to his, her, or their cir-
cumftancesj or where fuch guardian, executor" or adminiftrator, or his, her or their fe-
curities are likely to become infolvent, fuch court may make fuch order for the better
managing and fecuring fuch eftate and educating and maintaining fuch orphan, as
they fhall think fit.
3. And be it further enabled, That it fhall be the duty of all fuch guardians, execu- Full accounts
tors and adminiftrators, to render a full and correft account of the ftate and condition annually,
of fuch eftates as they may feverally have in their poffeflion, to the firlt term of the
inferior court in the refpeftive counties, in which they fhall feverally be appointed in
every year, which account fhall contain a ftatement of the tranfaflions of the eftate to
the laft day of December preceding fuch court, and the faid courts fhall yearly at the
court aforefaid, examine the accounts of fuch guardians, executors and adminiftrators. Tobecxamf«i
fo to be exhibited, and fhall direct procefs to iffue returnable to the next court againft Proc'ess to issue
T? r ~ acsiinstallthosc
Jt1 A in defaulS,
2l6
FEES OF PUBLIC OFFICERS.
all guardians, executors and administrators then failing to appear, and fender fuch
account whether he, lhe, or they, be reftdent in the fame or any other county 5 and
ini>riortnurt a^° enquire into the abufes or mifmanagements of all guardians, executors
I i?.ebilli,% a^d adminiflrators; and whether they or their fecurities are likely to become infolvent
couectthem, or notj anc| thereup0n to proceed according to the powers herein before given by
fruvitt. this att : Provided, That nothing herein contained fhall be conftrued to reftiain the
faid inferior courts from enquiring as often as they Ihall think proper, into the abufes
and mifmanagement of guardians, executors and adminiflrators, but they may exer-
cife fucli powers at any time when it {hall appear neceffary.
SaSiirea 4* ^ ^ ^ further enaUcd, That all guardians fhall be allowed, in their account,
bur cements & to charge reafonable difburfements and expences fuitable to the circumftances of
ifkfcannual the orphan committed to his care. And where it fhall appear to the faid court that the
tate'ofai^or." annual profits of the eftate of any orphan is not fufficient for the education and
fenftomai£ maintenance of fuch orphan, for the whole or fuch part of the time of fuch orphan's
tamiumor minority as to them fhall feem beft, and the perfon to whom fuch orphan fhall be
kind him out, bound, fhall undertake to clothe and maintain fuch apprentice in fuch manner as
term A to the the faid court may dire£t, and fhall caufe fuch apprentice to be taught to read and
seemproper, write the Englifh language, and the ufual rules of arithmetic. And in all cafes
SSrtffiSke w^ere ^ ^ia^ aPPear to the court that any perfon to whom any orphan fhall be bound
bSfirte *n manner aforefaid, fhall mifufe or ill treat fuch orphan, or fhall fail to comply
person?other with the condition on which fuch orphan was bound, it fhall be the duty of the faid
court, on due notice and proof thereof, to take the faid orphan out of the pofTeffion
of fuch perfon, and bind him or her to fome other perfon.
if any guar- 5* ^ further enaBed, That when any guardian, executor or adminiftrator,
xc°cha?gS chargeable with the eftate of any orphan or deceafed perfons, to him, her or them
committed, fhall die fo chargeable, his, her or their executors or adminiflrators, fhall
pe«oneasu1i * be compellable to pay out of his, her or their eftate, fo much as fhall appear to be
t'icir exetu-
due to the eftate of fuch orphan or deceafed perfon, before any other debt of fuch
SyiSaS!1 teftator or inteftate.
DAVID MERIWETHER, Speaker of the Honfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Aflented to February 18, 1799.
JAMES JACKSON, Governor.
FEES OF PUBLIC OFFICERS.
And aB to revife.and amend " AnaB for afcertaining the fees of the public officers of
this fated'
Fees of the 1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
ceCrt°aSai" JL3 Georgia in General Ajfembly met, and by the authority of the fame, That the
fees of the different public officers herein after mentioned, may be by them refpe£live-
ly received, as follows:
Governor,' GOVERNOR'S FfES.1
For figning a grant for five hundred acres or under, four fhillings and eightpence.
For figning a grant above five hundred acres, and not exceeding one thoufand acres,
nine fhillings and fourpence,
FEES OF PUBLIC OFFICERS,
On all grants above one thoufand acres, at and after the rate of nine fhillings and
fourpence for every thoufand acres therein contained.
Ordering the great feal of the Hate to any paper of a private nature, four fhillings
and eightpence.
Which fums fliall be paid into the treafury for public ufe, before any fuch grant or
other paper is figned by the governor.
SECRETARY OF STATE'S FEES. JST**
For a grant of land, and preparing and affixing the feal thereto, if five hundred
acres or under, four fhillings and eightpence; if above five hundred acres, nine
lhillings and fourpence.
For regiltering a grant, two fhillings and fourpence.
For a bond, two fhillings and fourpence.
For a teftimonial with the great feal, feven fhillings.
For every fearch, fevenpence.
For every militia commiffion, to be paid for by the public, two fhillings and four-
pence.
Preparing and counterfigning a dedimus poteflatem two fhillings and fourpence.
Entering fatisfafition on every mortgage, one ffiilling and twopence.
Drawing and engroffing a proclamation, four fhillings and eightpence.
Fixing the great feal of the ftate to any other paper, four fhillings and eightpence.
For a certified copy of a grant or other paper, per copy fheet, threepence halfpenny.
SURVEYOR GENERAL'S FEES. «»«!»*»•
For examining a plat, two fhillings and fourpence.
For recording a plat, not exceeding five hundred acres, three fhillings and fixpence;
if exceeding five hundred acres, feven fhillings; if exceeding a thoufand acres,
fourteen fhillings.
Recording a plan of a town, townfhip or village, forty-fix fhillings and eightpence.
Tranfmitting a caveat to the governor, and attending thereon, four fhillings and
eightpence.
A certified copy of an original record, three fhillings and fixpence.
A certified copy of an original warrant, two fhillings and fourpence.
A fearch, fevenpence.
Recording and iffuing a certificate of a town lot, two fhillings and fourpence.
COUNTY SURVEYOR'S FEES. fomnrmB
Surveying a town lot and returning a certificate thereof to the furveyor general's of-*cyor'
fice, four fhillings and eightpence.
Surveying a traft of land, of or under one hundred acres, twelve fhillings and fixpence.
Each hundred acres after the firfl, two fhillings and fixpence
Making a plat, recording, advertifing and tranfmitting to the furveyor general's of-
fice, tour fhillings and eightpence.
Entering a caveat, advertifing and giving a certified copy thereof, feven fhillings; at-
tending trial of the fame, three fhillings and fixpence; each poftponement, two
fhillings and fourpence; to be paid by theperfon poftponing the fame.
Recording judgment and giving a certified copy thereof, two fhillings and fourpence,
Entering an appeal and giving a certified copy thereof, four fhillings and eightpence.
for a re-furvey of land by order of court, of or under one hundred acres; twelve
{hillings and iixpence for the firfl one hundred acres; for every hundred acres
^fter the firfl, two fhillings and fixpence.
%
£28
FEES OF PUBLIC OFFICERS.
For making and certifying a plat thereof, and tranfmitting the fame, four (hillings
and eightpence.
And for any other re-furvey, the fame as aforefaid.
jteriffiacM SHERIFF'S FEES IN CIVIL CASES.
mm* Yqx ferving a copy of a procefs, and returning the original, feven (hillings; if
more than one defendant, for each additional copy ferved, two (hillings and
fourpence.
Levying execution on the body or property, feven (hillings.
Summoning each witnefs, two (hillings and fourpence.
On all fums where the execution does not exceed fifteen pounds, five per centum,
on the amount of property fold; on all fums above fifteen pounds, and where
the execution does not exceed one hundred pounds, two and a half per centum;
on all fums where the execution exceeds one hundred pounds, one per centum;
and that no commiffion (hall be demanded, where property is not adually fold.
Making out and figning a bill of fale of other property, four (hillings and eight-
pence: Provided, That fees (hall be allowed only for one bill of fale, where the
fame will be fufficient to convey the property fold to one perfon or joint pur-
chafers; unlefs the purchafer or purchafers, (hall choofe more than one.
Conducting a debtor under confinement before a judge or court, four (hillings and
eightpence.
Summoning a jury to try a caveat, and attendance, four (hillings and eightpence..
Summoning a fpecial jury, and all other fervices, attending trial of an appeal,
four (hillings and eightpence.
For a bail bond, four (hillings and eightpence.
Making out and executing titles to land, fourteen (hillings (if wrote by the pUrchafer,
four (hillings and eightpence.)
bound« SHERIFF'S FEES IN CRIMINAL CASES.
For re-committing any perfon, when a habeas corpus is brought to his relief, four
(hillings and eightpence.
Summoning a jury, four (hillings and eightpence.
On every copy of a mittimus, one (hilling and twopence.
For every mile aprifoner ljiall be removed on a habeas corpus, one (hilling and two-^
pence,
For removing a prifoner by habeas corpus, when no milage is paid, per day, four
(hillings and eightpence.
Executing a criminal, thirty-feven (hillings and fourpence.
Attending a perfon taken by a warrant, to the judges^ chambers, three (hillings and
fixpence.
Conducting a prifoner before a judge or court to and from jail, four (hillings and
eightpence.
Executing a warrant of efcape, three (hillings and fixpence.
Each mile to ferve the fame, twopence.
Executing and returning a bench warrant, four (hillings and eightpence.
Each mile to ferve the fame, twopence. ,
Putting a perfon in the docks, two (hillings and fourpence.
For whipping, cropping or branding a criminal, four (hillings and eight pence.
Apprehending a perfon fufpeCted, if committed or held to bail; four (hillings and
eightpence.
FEES OF PUBLIC OFFICERS.
For each perfon not exceeding two, who may be employed to guard a prifoner to
jail, per day^ four Ihillings and eightpence.
, JAILOR'S FEES. »*.
Receiving a prifoner or debtor, two ihillings and fourpence.
Turning the key or difcharging a prifoner in virtue of a habeas corpus, or by order
of the court, judge or juftice, two ihillings and fourpence.
Dieting a prifoner pt|r day, allowing two pounds of bread, one and a half pound
of beef, or one pound of pork, with a fufficiency of water, all wholefome
provifions, one {hilling and ninepence.
Turning the key on commitment of any perfon, two ihillings and fourpence.
Dieting negroes, allowing one quart of rice or corn meal per day, fevenpence.
NOTARY PUBLIC'S FEES.
For every proteft and oath included, not exceeding fixteen copy ilieets of ninety words,
nine ihillings and fourpence.
Adminiilering an oath in any other cafe, one (hilling and twopence.
For each attendance on any perfon, to prove any matter or thing as notary public and
certifying the fame, two ihillings and fourpence.
Ever^ other certificate, one (hilling and twopence.
Noting a proteit, four (hillings and eightpence.
Regiilering a proteft, per copy ilieet, one fixteenth of a dollar.
Copy of a proteft, per copy ilieet, one fixteenth of a dollar.
CORONER'S FEES. co™e,.
For f$mmoning an inqueft on a dead body, and returning the inquifition, forty-fix
ihillings and eightpence.
For providing a coffin, and burial expences, fourteen (hillings.
In all other cafes, the fame as-the fheriff.
REGISTER OF PROBATE'S FEES. Register of pro-
Receiving application and granting citation, four ihillings and eightpence. 8tC5'
Signing a warrant of appraifement, two ihillings and fourpence.
Signing the probate of a will,"four ihillings and eightpence.
Recording a will or other paper, per copy iheet, threepence halfpenny.
A certified copy of a will or other paper, per copy ilieet, threepence halfpenny.
Receiving an appraifement, and recording the fame, if under one hundred dollars, two
(hillings and fourpence ; if above one hundred dollars, four ihillings and eight-
pence.
Receiving an application and granting letters difmiifory, four ihillings and eightpence.
Granting citation to ihewcaufe why adminiftration ihould not be repealed or fet afide,
nine ihillings and fourpence.
For granting letters of adminiftration, or letters teftamentary, nine'ihillings and four-
pence.
For entering a caveat againft adminiftration being granted, or will proven, four ihil-
lings and eightpence.
For every marriage licenfe, four (hillings and eightpence.
Attending judges for determining a caveat, per day, four (hillings and eightpence.
FEES OF THE GOVERNOR'S SECRETARIES.
A copy of any paper, not exceeding two copy Iheets, one (hilling and twopence.
A copy of any paper, exceeding two copy Iheets, (even pence per copy (heet.
Adminiftering an oath of office to any perfon where the profits thereof amounts to
upwards of twenty-five pounds per annum, and giving a certificate thereof, four
drillings and eightpence8
FEES OF PUBLIC OFFICERS.
Certify is a copy or extract, one {hilling and twopence.
For entering a tcftiuioniify one fhilluig and twopence.
FEES OF THE -ATTORNEY GENERAL.
Drawing a capias againit a perfon endifcicd and not bomd over, or againfta pcifon
prelented by a grand jury, one Ihilling and twopence.
Drawing a capias againit a defaulting juror, two findings and fourpence.
Drawing an indictment againft a perfon prefented by the grand jury, and bound
over, four {hillings and cightpence.
Entering a noli profequi, fcvenpence.
Attending at judges' clumbers, to take the affidavit of any perfon, in criminal cafes,
four (hillings and eightpcnce.
Drawing an affidavit, or any other inftrument of writing, per copy ffieet, threepence
halfpenny.
For a fubpeena in criminal cafes, one {hilling and twopence.
Retaining fee againft perfons endidted, fourteen fhillings,
T™rc'- " TREASURER'S FEES.
For every fearch, fevenpence.
An extract, two fhillings and fourpence.
Attomte. ATTORNIES' FEES.
On each caufe commenced and tried in the fuperior or inferior courts, eighteen fiiil-
lings and eightpence.
On each appeal profecuted to judgment, except appeals from a juftice's court, eigh-
teen fhillings and eightpence.
Where the defendant prevails, to receive the fee in lieu of the plaintiff's attorney.
Jurors and wit- JURORS AND WITNESSES' FEES IN CIVIL CASES,
tteue*. t|ie petjt jury fQr eac^ caupe trjecj5 to be paid by the plaintiff" and taxed in the bill
of colts, four fhillings and eightpence.
Special jury for each appeal tried, to be paid by the appellant and taxed in the bill of
colts, four fhillings and eightpence.
To each witnefs per day, for his or her attendance, for coming and returning, allow-
ing thirty miles for a day, not allowing for more than three witneffes, to be paid
by the perfon fummoning the fame, and taxed in the bill of colts, three fhillings
and fixpence; the witneffes to have the fame allowance in criminal cafes, where
the perfon profecuted is found guilty,
CLERK's FEES IN CRIMINAL CASES,
cierk incrimi- Every writ and feal, one fhilling and twopence.
»ai cases. Every pannel of a jury, one fhilling and twopence.
Order for fine on a juror, (unlefs excufe made) and entering the fame, one fhilling
and twopence.
Ordering a fine peremptory, entering and reading, one fiiilling and twopence.
Copying the fame for the attorney general, one fhilling and twopence,
Fee on a writ of capias and feal, one fiiilling and twopence.
The clerk's attendance in hearing a motion in arrefi: of judgment, or at the judges'
chambers on a petition preferred, or a habeas corpus, or to take the examination
or information of any perfon, three fhillings and fixpence,
Taking an examination, information, or affidavit, per copy ffieet, one fixteenth part of
a dollar.
Drawing a warrant, one Ihilling and twopence.
FEES OF PUBLIC OFFICERS.
231
A commitment or liberate, one (hilling and twopence.
Taking an acknowledgment of bail before the judge, or in court, and drawing re-
cognizance thereof, two {hillings and fourpence.
Every lubpcena ticket, fevenpence.
Every enditlmentif the criminal be found guilty, two fhillings and fourpence.
Every arraignment, or charging a defendant with endiftment, if found guilty, one
{hilling and twopence.
Entering a plea, fevenpence.
Calling a jury, fevenpence.
Clerk's attendance on every caufe tried, one {hillingand twopence.
Every fentence or judgment, and entering the fame, one {hilling and twopence.
Copy of every endictment or other paper, fourpence.
Copy of judgment to the fheriff and order thereon, one (hilling and twopence.
Calling a traverfe or difcharging a recognizance, one (hilling and twopence.
Recording the proceedings of a caufe, per copy fheet, one fixteenth part of a dollar.
Every perfon acquitted by proclamation, one {hilling and twopence.
Every fearch, fevenpence.
A writ, dedimus poteftatem, four fhillings and eightpence.
Renewal of capias, one {hilling and twopence.
"FEES OF THE CLERK IN THE SUPERIOR COURT, IN CIVIL hcmicm*
CASES.
Every fuit commenced therein, if fettled before judgment and each non-fuit, feven
{hillings.
For each copy of a writ, where there are more than one defendant, after the firft copy,
two {hillings and fourpence.
Every fuit fo commenced and profecutedto judgment, including every fervice to en-
tering up fatisfa&ion, fourteen (hillings.
For each appeal, if fettled before verdi£t, four (hillings and eightpence.
For each appeal profecuted to judgment, including every fervice to entering up fatis-
faction, nine {hillings and fourpence,
For every writ of fubpeena and ticket, fevenpence.
For a writ of partition of land, fourteen (hillings.
For iffuing a commiffion to examine witnefies, four fhillings and eightpence.
For making out letters of guardianlhip and taking fecurity, four (hillings and eight-
pence.
For every order for thefaleof land, and copy thereof, two fhillings and fourpence.
Recording any inftrument of writing, per copy fheet, one fixteenth part of a dollar.
Each fearch, fevenpence.
A certified copy of any record, per copy fheet, threepence halfpenny.
For every foreclofure of any mortgage, and recording proceedings, four fhillings
and eightpence.
Every enquiry of title refpefting property levied on by the fhcriff and claimed by
a third perfon, four (hillings and eightpence.
For Jevery tavern licenfe,' including every fervice therein, four (hillings and eightpence.
. ' CLERIC OF THE INFERIOR COURT.
For each caufe fettled before judgment, and each appeal to the fuperior court, fevenf6rwwv>rt'
{hillings.
For e iach copy of a writ, where there are more than one defendant after the firft copy?
two (hillings and fourpence,
FEES OF PUBLIC OFFICERS,
Each caufe commenced therein and profecuted to judgment, not appealed from,
including every fcrvice to entering up fatisfa&ion, fourteen {hillings.
For fubpoena tickets, commiffions and letters of guardianfhip, and enquiries ref-
petting property claimed, non-fuits, and any other fervice performed, the fame
fees as allowed to the clerk of the fuperior court*
Each appeal profecuted to judgment from a juftices'court, four fhillings and eight-
pence, if fettled by the parties, two {hillings and fourpence, including every fer-
vice to entering fatisfa£tion.
FEES OF THE CLERK OF THE HOUSE OF REPRESENTATIVES
AND SECRETARY OF THE SENATE.
For every extraft of a private nature, threepence halfpenny per copy fheet.
For certifying an extract of a private nature, one {hilling and twopence.^
For an aft paffed for the benelit of an individual, or to incorporate a private fociety,
nine {hillings and fourpence*
FEES OF A CONSTABLE.
Serving a Warrant, furhmons or attachment in civil cafes, one {hilling and twopence*
Returning the fame and attending the juftices' court, one {hilling and twopence*
Summoning every witnefs, one {hilling and twopence.
Levying an execution and advertifing the fale, one {hilling and twopence.
For felling to fatisfy an execution from a juftice, five per centum on the amount of
the debt.
For attending a grand jury, for each bill founds to be paid by the delinquent, one
/hilling and twopence.
Serving a warrant in criminal cafes, four {hillings and eightpence.
For carrying a prifoner to jail, twopence per mile.
For keeping and maintaining a prifoner before examination, not exceeding twenty-
four hours^ one {hilling and ninepence.
FEES OF THE POWDER RECEIVER.
Every barrel of powder of one hundred pounds weight lodged in the public maga-
zine, and delivered out, to be paid by the owner, one {hilling and ninepence^
and in proportion for any other quantity:
teUuc'to 2- And be it further enabled, .That none of the Fees herein before fet down or exprefled,
L?fc™ntable fhall in any cafe (jailor's fees for dieting prifoners, and coroner's fees for fummoning
an inqueft, and returning an inquilition, and providing a coffin and burial expences
of aperfon found dead, and the ftieriff's fees for executing a criminal, excepted) be
charged to the public, for or on account of any inability in the perfon who ought to
have paid the fame.
to*give a state*
3. And be it further enabled, That every public officer and perfon herein mention-
jgent of their e(^ Qr tjie^ or agent, and every perfon afting as fuch, fhall, if thereunto re-
quired, be obliged to give a ftatement of the fees demanded, and a receipt for the
fame, to any perfon paying any lawful of pretended fee or fees o.f office, claimed by
and paid to any fuch public officer, or perfon herein before mentioned, his deputy
or agent, or perfon afcting as fuch, under pain that every public officer, or perfon
herein before mentioned, his deputy or agent, or perfon acting as fuch, fhall for eve-
ry negleft or refufal, forfeit the fum of twenty-five {hillings, with cofts of fuit, to be
j&ovW ^Ue(^ ^0r' recovered and applied in manner herein after dire£tcd. Provided advoayl
neverthelefs, That all fuitsand actions which fhall be brought or commenced by vir-
tue of this a£t, fhall be inftituted he fore the end of twelve months; and not othtjrwifeJ
Cleric of the
Houie of Re-
piesentatives,
and secretary
of the senate.
Constable*
Powder re-
cciver.
FEES OF PUBLIC OFFICERS.
233
4. And be it further enabled, That if at any time after the paffing of this aft, any To forfeitfoc^
public officer or perlon herein mentioned, or his deputy or agent, or any perfon aft- J£i^t0Ter
ing as fuch, fnall, under pretence of any matter or thing done, tranfafted or perform-
ed by any fuch public officer or perfon, or his deputy or agent, or any perfon atting
as fuch, demand any other or greater fee than is let down in the table hereunto annex-
ed, every fuch perfon fo offending ffiall, for every fuch offence, forfeit and pay
four fold to the party aggrieved, for the fum fo unjuftly demanded or taken, to be
recovered with colts of fuit, before any julticeof the peace. Provided, the fum
does not exceed his jurifdiftion, or in any court of record within this Itate.
5. And be it further enabled, That every public officer or perfon herein named, Tawe^offeefi
and every deputy, agent or perfon a£ting as fuch, ffiall within ninety days after the public ofues,
rr r 1 • & o r , , P Pi 11 11 r 1 • r fiftr centsPer
palling 01 this act, caufe a true and exaft copy of the table or docket ot his tees, as gtm-e
the fame is eftablilhed by this aft, fuch table or docket to be in fair words and fig-
ures, without any abbreviation, except fums, to be placed up, and to be .conltantly
kept in a confpicuous part of the room or place where he ffiall ufually execute the
bulinefs of his office or employment, under pain of forfeiting two ffiillings and four-
pence for each day's negleft of fixing up the fame.
6. And be it further enabled, That in cafe any public officer, or any perfon herein
before mentioned, fhall be fued or profecuted for, or by reafon of any fee of office costs,
whatever, and vprdift ffiall be given for fuch public officer or other perfon; or if the
plaintiff or profecutor ffiall difcontinue fuch fuit or profecution, or ffiall be nonfuited,
then fuch public officer or other perfon ffiall recover double coifs.
7. And be it further enabled, That all fines, penalties, and forfeitures, incurred un- £°^nee^'!*
der and by virtue of this aft, ffiall be recovered, by aftion in the fuperior or inferior ^edd.andap"
courts, without any delay; and ffiall be applied, one moiety to the ufe of the ftate, and
the other to the perfon or perfons carrying on the profecution to the conviftion of
the offender; except fuch as come within the jurifdiftion of a juftice of the peace, and
except alfo thofe forfeitures, which are declared payable to the party aggrieved.
8. And be it further enabled, That any public officer who ffiall charge or take fees officers maybe
not -allowed by this aft, fhall on conviftion thereof, be difmiffed from office. overcharging.
q. And be it further enabled. That the ftate fees in the executive department may state fees tobe
J J ' .1. J J- r t-- n . 3 pwdinpapw
pe paid in the paper medium ol this itate. , medium.
to. And be it further enabled, That the clerks of th.e courts refpeftivejy ffiall make eIcrkstoac.
,a return on oath, of the fees collefted on behalf of the ftate, defignating the paper me-
dium from the fpecie, received by thejm previous to the paffing of this aft, and ffiallcolleaed-
fettle with the treafurer agreeably thereto.
11. And be it further enabled, That any public officer, who fhall prefume on any p®c£?sceh*i^
pretence whatever, to charge, demand, or receive fees for fervices not done or per- KrfeftS
formed, every fuch perfon fo offending, ffiall forfeit and pay to the party aggrieved, Sitd?1x5dil"
four fold the fum fo illegally charged, demanded or received, and ffiall be immedi-
ately difmiffed from office.
12. And be it further enabled, That no juftice or juftices of the peace, ffiall .tax any witne9<est#
cofts for the attendance of witneffes in any caufe tried before him or them.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives«
BENJAMIN TALIAFERRO, Prefdent of the Senate,
Concurred December 18th, 1792.
EDWARD TELFAIR, Governor•
" Pe
«34
FELONS.
An aB appropriating money for the year one thoufand feven hundred and ninety five.
Part of the firft feftion, all the reft being obfolete:—That the fecretaries of his
excellency the governor lhall be entitled to receive of the grantee, upon each grant
that fhall pafs, the fum following: On all grants of and under five hundred acres,
one quarter of a dollar; on all grants above five hundred acres, three quarters of a
dollar.
The treafurer, the fum of one quarter of a dollar on all plats certified by him, to
be paid by the applicant.
THOMAS NAPIER, Speaker of the Houfe of Reprefentativesi
BENJAMIN TALIAFERRO, Prefiiait of the Senate.
Concurred January 7, 1795.
GEORGE MATHEWS, Governor.
An aB to vefl further powers in the inferior courts of this fate, refpeBing the fees of
fherijfs and jailors.
the progrefs of legiflative deliberations:
1. Be it enaBed by the Senate and Houfe of Reprejentatives of the fate of Georgia, in
Siyievy°arts General Affembly met, and by the authority of the fame, That the inferior courts of
SefrayyjM&r the feveral counties in this ftate, are authorized and required to levy annually a county
ie^nnces^\ear. tax, equal to the amount of all fees which are due, or that may become due, and
tmg to prison- unpa^ the refpe£live fheriffs and jailors within the feveral counties in this ftate, from
the infolvency of prifoners or criminals; or where an expence accrues from the
guarding of prifoners or criminals, where there fhall be no jail in any county in this
ftate.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefi dent of the Senate.
Concurred February 22, 1796.
JARED IRWIN, Governor.
FELONS.
An aB to prevent felons, tranfports from other fates, coming into or ref ding in this,
T«lons, trans- T> E IT ENACTED by the freemen of the fate of Georgia, in General Affembly
mS°Si° mei> an^ ^ie uMhority of the fame, In order to prevent the dangerous evils
Se^Icearifing from communication with felons, tranfported from .other ftates or nations,
whereby the morals of many, who would otherwife be good citizens, may be cor-
rupted, That from and immediately after the pafling this a6l, no perfon or perfons,
felons from other countries, tranfported or banifhed for any crime or charge what-
ever, fhall be eligible to any poft or office of truft or profit, or be otherwife entitled
to any of the privileges^ immunities or liberties of a freeman or freemen of this ftate;
FENCES.
and on proof of the fame by one legal evidence, or by the authentic certificate, under
feal, of any ft ate, nation, corporation or court, from whence he, fhe or they may
be banifhed or tran{ported, fuch felon or felons fhall be, by warrant and mittimus,
under the hand of the chief juftice of the ftate, or one of the juftices of the court
where fuch proof {hall be eftablilhed, committed to the common jail of the county, to ^commit-
without bail or mainprize, there to remain until a convenient opportunity may be gjw>«ior
procured by the honorable the executive, to {hip or otherwife fend off fuch felon or
felons, from and without the limits of this ftate, never thereafter to return. And in toiuFCrd-at»
cafe fuch felon or felons ihould, after fuch {hipping or fending off, return within themg.'
limits of the fame, he;,; fhe or they fhall, on conviftion, fuffer death without benefit
of clergy: .Provided neverthelefs, on fuch firft proof of tranfportation, fuch offend-Provi(KW
er or offenders charged as felons as aforefaid, {hall not be debarred the right of trial
by jury, and fhall be allowed every right of evidence to countera6t fuch proof.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1787.
FENCES.
An aBfor the better regulating fences in the province of Georgia.
WHEREAS an aft paffed the feventh day of March, onethoufand feven hum prcamble'
dred and fifty-five, in the firft feffion of the firft General Aflembly of this
province, entitled " An aft" to regulate fences in the province of Georgia," has been
found very ineffeftual for thepurpofes thereby intended.
And whereas, the fixing and eftablifhing fit and proper dimenfions for all fences
and enclofurds to be erefted, and made in and about the feveral plantations and fet-
tlements of this province, would not only prevent the feveral owners and occupiers
thereof, fo fenced and enclofed, from receiving any damage from the irruption,
ftraying or breaking in of cattle, horfes, fheep, goats 01* fwine, but would likewife
obviate any doubts ordifputes, happening or arifing as to the ftrength and fufficiency
of fuch fences and enclofures, in cafe of any irruption or trefpafs to be committed
within the fame.
Be it enacted, That from and after the twenty-ninth day of March, one thoufand £™!snSie2
feven hundred and fifty-nine, all fencea or enclofures, commonly called worm fen-dosures-
ces, that fhall be erefted and made around, or about any garden, orchard, rice
ground, indigo field, plantation or fettlement in this province, fhall be fix feet high
when ftaked and ridered, and from the ground to the height of three feet of every
fuch fence or enclofure, the rails thereof {hall not be more than four inches diftant
from each other; and that all fences or enclofures that {hall confift of paling, fhall
likewife be five feet high from the ground, and the pales thereof not more than two
inches afunder: Provided always, That where any fence or enclofure {ball be made
with a ditch or trench,*, the fame {hall be four feet wide, and in that cafe the fence owners of cat-
fhall be fix feet high from the bottom of the ditch. able for any
2. And be it further enabled, That if any trefpafs or damage fhall be committed
• 1 L J ' 1' ■ v r* 1 1 1 any P'ace not
in any garden, orchard, rice ground, indigo field, plantation or fettlememt, not be- gjtpe,ly €*c
236
FENCES.
ing fenced and enclofed in manner as herein before is direfled, by the irruption,
breaking in or ftraying of any cattle, horfes, fheep, goats or fwine, the owner of
Inch cattle, horfes, fhcep, goats or fwine, fhall not be liable to anfwer for fuch tref-
pals, or to make good or fatisfy any damage or injury that fhall happen or be com-
mitted by reafon thereof: and in cafe any perfon or perfons fhall kill, maim, hurt or de-
ftroy, or caufe to be killed, maimed, hurt or deftroyed, any cattle, horfes, fheep, goats
or fwine, fo trefpalhng, ftraying or breaking into any garden, orchard, rice ground,
indigo field, plantation or fettlement, not fenced and enclofed in manner as by this
ah is directed, all and every fuch perfon and perfons fhall anfwer>nd make good to the
owner or owners thereof all fuch injury and damages as he or tlfey fhall fuftain thereby,
the fame to be recovered on due proof thereof, before any two jultices of the peace
for the diftrih where the offence fhall be committed, and to be levied by warrant
of diftrefs and fale of the offender's goods,
justices to ap. 3- And be it further enabled, That in cafe any cattle, horfes, fheep, goats or fwine,
freehold™,to fhall break into any garden, orchard, rice ground, indigo field, plantation or.-fet-
damage done tlement, being fenced and enclofed according to the directions of this ah, then, on
application of the party aggrieved, it fhall be lawful for any of his majefty's juftices
of the peace in the faid province to appoint any three indifferent freeholders to view,
and appraife the damage fo committed and fuftained, and the appraifement made
and figned by the faid freeholders, fhall be delivered to the juftice, or any other, who
is hereby authorized and empowered to caufe the fum fo appraifed, to be levied by
warrant of diftrefs and fale of the offender's goods.
fjAySilns# 4- And be itfurther enabled, That in cafe any freeholder, appointed by anyjuftice to
for refusal. y-ew an(^ apprajfe any damage faid to be committed, fhall negleh or refufe to make
fuch view and appraifement in manner as direhed by this ah, every fuch freeholder,
fo refufing, or neglehing, fhall forfeit and pay, for every fuch offence, a fum not ex-
ceeding forty fhillings, to be levied by diftrefs and fale of the offender's goods, to be
for the ufe of the party injured.
wabe fiidin0t 5- And be it further enabled, That no planter or other perfon, not having a law-
dertwentv shil-
ful fence, fhall fix in any of his enclofures, any canes, or flakes, or any thing that fhall,
lings penalty. or may j^jj^ majm5 hurt? or deftroy, any cattle, horfes, fheep, goats or fwine, under
the forfeiture of twenty fhillings fterling for every fuch offence, on being convihed
thereof before any juftice of the peace of the diftrih or place where fuch offender fhall
dwell, upon confeftion of fuch offender, or proof by one or more credible witnefs or
witneffes upon oath, one half thereof to be paid to the informer, and the other half to
the poor of the faid diftrift, the fame to be levied by diftrefs and fale of the offender's
goods, by warrant of the juftice, before whom fuch offender fhall be convi&ed, re-
turning to the owner the overplus, if any, after all charges dedufled.
SSobeSn- 6* Provided always, and be it further enabled, That in all trials to be had before-
«oduMtriaifor one or more juftices of the peace by virtue of this a£l, the right of the party to the
lands on which the trefpafs or damage fhall be faid to be done, fhall not be brought
in queftion, but the fame fhall be taken for granted to all intents and purpofes whatfo-
ever.
Repealing 7. And be it further enabled, That the a£l for regulating fences in the province of
Georgia, paffed the feventh of March, one thoufand feven hundred and fifty-five, in
FERRIES*
237
the firft fefiion of the firft General Affembly of the faid province, fhall be, and is here-
by repealed, revoked, difannulled and forever made void.
DAVID MONTAIGUT, Speaker.
By order of the Upper Houfe.
PATRICK HOUSTOUN, Prefiient.
Affented to March 27, 1759.
HENRY ELLIS*
FERRIES.
An aB for ejlablijhing feveral ferries in this province, and for vejling the fame in the
perfons therein mentioned.
WHEREAS the eftablifhing of the feveral ferries herein after mentioned, will
be greatly to the advantage and conveniency of perfons travelling through
this province, Be it therefore enabled, That immediately from and after the paffing
this aft, a public ferry fhall be, and the fame is hereby eftablifhed, from the town ot^°|epro4t<
Ebenezer, upon Savannah River, to the bluff on the oppofite fhore; alfo two ferries
over Brier Creek, one at a place called Milltown, and the other at the upper publjca°dt0i"eA«gu4#i
roads ; alfo a ferry from the centre of the town of Augufta, upon Savannah Ri V e i . ton, on i.ie^
to the bluff on the oppofite fhore, in the province of South Carolina; and alfo a jcr.Alaum^
ry over the river Alatamaha at fort Barrington.
The remainder of this aft is obfolete or expired.
By order of the Commons Houfe of Affembly.
ALEXANDER WYLLY, Speaker.
By order of the Upper Houfe of Affembly.
N. JONES.
Council Chamber, April 11, 1768.
Affented to.
JAMES WRIGHT.
An ordinance to ejlahlifh a ferry between the ifland of Skidaway and the ifle of Hope,
in the county of Chatham, and for other purpofes therein mentioned.
ift SeEion eftablifhes a ferry for five years. Obfolete.
2. And be itfirther ordained by the authority aforefaid, That a ferry fhall be eftab- ithedTtest3l>"
lifhed at M'Gowans old ferry on Savannah River, about a mile above the Coldwa- &^3,5,aSo-
ter Creek; alfo a ferry at Seneca Oldtown on Keowee River; * alfo a ferry at the amunoch^ak
mouth of Choga Creek; and the faid ferries fhall, and they are hereby put under theehoga°creek.
fame reftriUions and regulations as the other ferries on Savannah River.
3. And be it further ordained by the authority aforefaid, That a ferry fhall be eftablifh-a Ferryestab-
ed at Reed's bluff, on the Alatamaha River, under the fame reftricfions and regula- Reed's bluff, on
# Ceded to South Carolina by convention at Beaufort,
238 FERRIES.
tions as thofe eftablifhed on Savannah River, and the right of the fame is hereby veft-
ed in George Handle/, and Chriftopher Hillary, the proprietors of the faid bluff.
By order of the Houfe.
WILLIAM GIBBONS, Speaker,
Augufta, February 13, 1786.
An ahl for ejlablifiling a ferry from the plantation of Nichol Turnbull, near Savannah,
to the plantation late the property of Jermyn and Charles Wright, known by the name
of Rochejler, in the Jlate of South Carolina, and for vefing the fame in the faid Nichol
Turnbull, his executors, adminijlrators and aJJigns, for and during the term of ten
years„
preamble. Ji 7"HEREAS, a law has palled intheftate of South Carolina, for theeftablifhmenfc
V V of a road and ferry at the plantation late the property of Jermyn and Charles
Wright, known by the name of Rochefter, fituated on the north fide of Savannah Ri-
ver, in the hid hate ; And whereas it is necelfary that a ferry fhould be eftablifhed
on the fouth tide of the faid river, as nearoppofite the ferry before mentioned as may
be, which will tend to the conveniency of, and promote a fpeedy communication
between both hates :
a fctrv estab 1' ^ ena^e^ b the Senate and Houfe of Reprefentatives of the Jlate of Georgia in
vmMhifver ^enera^ Ajj'embly met, That a public ferry lb all be, and the fame is hereby ehablifh-
ed, upon Savannah River, from the plantation of Nichol Turnbull to the planta-
tion late the property of Jermyn and Charles Wright, known by the name of Ro-
vested in m. c^e^er? on oppoiite lide of the faid river; which faid ferry is hereby vehed in
choi Tumbuii. the faid Nichol Turnbull, his executors, adminihrators and afligns for the fpace of ten
years next enfuing the paihng of this aft.
Subjeftto cer- 2. And be it further enacted by the authority aforefaid, That the faid Nichol Turn-
uonsresuU~ bull, his executors, adminihrators or afhgns, fhall, and he or they are hereby requir-
ed to make and keep in repair the road and caufeway on his plantation aforefaid,
leading to the river Savannah, and to provide and keep one or more good and fub-
ftantial boat or boats, lit to carry fix horfes at the leaft ; and one white man and alfo
a fufficient number of flaves or fervants to attend the faid ferry, as well by night as
by day, to carry over the faid paffengers, rtheir fervants, Haves, horfes, cattle and
carriages; and that it fhall and may be lawful to and for the faid Nichol Turnbull,
his executors, adminihrators or aliigns as aforefaid, to afk, demand and receive for the
Sates offer- faid ferriage, the feveral prices and rates following, and no more, that is to fay : For
every foot traveller, the fum of twenty-five cents; for each perfon andhorfe, the furn
of fixty-two and an half cents; for every wheel carriage; the fum of twenty-five cents'
per wheel; for every fingle horfe, the fum of thirty-one and an half cents; for neat
cattle, the fum of thirty-one and an half cents per head; for calves, fheep or hogs,
the fum of fix cents and half per head,
penalty for dc- 3. And be it further cnaMed, That in cafe any perfon or perfons going to the
geT.fpasseR faid ferry in order to pafs the fame, fhall (tendering the ferriage as fettled by this a£t)
meet with delay, proceeding from negligence or other improper conduff, in not giving
the due attendance required by this ad, the faid Nichol Turnbull, his executors ad-
miniflrators or aliigns, fhall forfeit and pay for every time fuch delay fhall happen,
to the perfon or perfon fo delayed, a fum not exceeding three dollars for every hour,
to be recovered upon proof" thereof, before any juitice of the peace lor the uiftrift
of White Blufti by warrant under the hand and feal of the laid juftice; Provided,
That the perfon fo delayed, fhall make complaint within one mouth next after fuch
delay fhall have happened.
4. And be it further enacted, That the governor for the time being, and all mef
fengers fent in the fervice of this Hate, and all pollmen, be and they are hereby' dc-
clared to be exempt from paying any ferriage for themfelves, their fervants, horfes,
carriages or baggage, for paffing and repafling the fame; and in cafe of any unne-
ceflary and improper delay, the faid Nichol Turnbull, his executors, adrniniftrators
or afligns, fhall forfeit and pay the aforefaid fum of three dollars for every hour,
to be recovered as before direfled, anything in this aft to the contrary notwith-
ftanding.
5. And be itfurther enaffed, That the commiflioners of the road leading from Sa-
vannah ealtwardly to the ifland of Skidaway, fhall, and they are hereby empowered, theitrru
from time to time, to infpefl the Hate of the ferry-boat or boats, the fufficiency of
the fervants or flaves attending the fame, and the condition of the road, caufewav
and landing, and upon any infufficiency or damage, to give notice to the faid Nichol
Turnbull, his executors, adrniniftrators or afligns, to repair or make good the
fame; and if within ten days after fuch notice fo given as aforefaid, upon proof
thereof made before the majority of the faid commiflioners, he the faid Nichol
Turnbull, his executors, adrniniftrators or afligns, fhall forfeit the fum of eight dol-
lars for every day he or they fhall neglefl to make good fuch infufficiency or dama-
ges, to be recovered by warrant, under the hands and feals of the faid commiflioners,
to be applied to the repair of the bridges, roads and caufeways, within the eaftern
road before mentioned.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prejident of the Senate.
Concurred February 8, 1796.
JARED IRWIN, Governor..
An aB vefing certain commijjioners with power to efabliffi a public ferry on Savannah
River, oppofite the city of Augufa, under certain refriBions and provijions.
WHEREAS in and by an ordinance palled by the General Aflembly of the Preamble;
ftate of Georgia, on the fixth day of December, one thoufand feven hundred
and ninety, the exclufive right of erefling a bridge over the river Savannah, at the
city of Augufta, was veiled in Wade Hampton, his heirs and afligns, upon certain
conditions therein exprefled; and alfo by 44 An aft to revife and amend an aft, fup-
plementary to an aft, for regulating the town of Augufta," and to amend an aft, en-
titled 44 An aft for regulating the town of Savannah and hamlets thereof, and for
other purpofes," pafled on the thirteenth day of February, one thoufand feven bun-
dred and ninety-feven, the before recited ordinance was reviled and declared to be in
full force and operation, and the time therein limited for rebuilding a bridge acrofs
the faid river was extended to the term of two years, from and after the paffing the faid
aft, and no longer;
240
FERRIES.
And whereas the faid Wade Hampton has failed to rebuild and keep a bridge acrofs
the faid river, within the time by the before recited ordinance and law prefcribed,
whereby the exclufive right granted to the faid Wade Hampton is forfeited: And
-whereas it is neccifary that a ferry fhould be eftabliffied and kept as near as may be
to the north end of the crofs ftrcet in the faid city of Augufta, leading from the mar-
ket, and oppofite to Picken's warehoufe, upon the public road on the Carolina fide
of Savannah River:
Commissioners i. Be it enaBed by the Senate and Houfe of Reprefentatives, of the fate of Georgia
eiubMwmi in General AJJembly met, and by. the authority of the fame, That Abraham Jones,
S.ugusurryin George Graves, James Perrie, Lewis Harris and James Fox, be appointed com-
miffioners, and they, or a majority of them, and their fuccelfors in office, are hereby
fully and abfolutely veiled with power to eltabliffi a public ferry at or near the place
where the former ferry was eftabliffied and kept, as nearly oppofite the crols ftreet in
the town of Augufta, leading from the market as aforefaid, as they may find moft
uponecrtain convenient, upon the following terms and conditions: that is to fay, That the faid
terms. commiflioners, or their fuccelfors in office, Ihall, on or before the firft day of Janu-
ary next, provide good and fufficient boat or boats, for the paffage of all fuch per-
fons as may call for the purpofe, with carriages of any kind in common ufe, horfes
and other ftock; that they alfo provide that the faid ferry be kept with diligence and
attention, fo that travellers meet with no delay (unavoidable accidents excepted) in
paffing the fame; that they alfo permit the paflage of all perfons and carriages going
£SfhEyf to Augufta with any article of produce or ftock, for fale in faid town, and returning
a£e. therefrom after fale of fuch produce or ftock, and alfo all perfons coming to or
going therefrom who refide in the faid city, or within five miles thereof, free from any
charge for ferriage, and without any hinderance or unneceffary delay.
Rates offem- 3. And be it further enaBed, That the aforefaid commiflioners, and their fuccelT-
ors in office, Ihall and may legally demand and receive from all and every perfon
and perfons paffing the faid ferry (except thofe herein before excepted) a ferriage up-
on the following rates: that is to fay, for every loaded waggon or other four-wheel^
carriage, one hundred cents; for every empty Waggon, fifty cents; for every loaded
cart or dray, twenty-five cents; for every man and horfe, twelve and an half cents;
for a foot paflenger, fix and a quarter cents; for all black cattle, per head, fix and a
quarter cents; for hogs, ffieep and goats, three cents per head: And'the fakl com-
miffioners, and their fuccelfors in office, ffiall and may have the free, quiet and ex-
clufive ufe and enjoyment of the faid ferry on the Georgia fide, for and during the
term of ten years from and after the firft day of January next, and all the profits
arifing therefrom ffiall be, and the fame is hereby appropriated to and for-the ufe of
the academy of Richmond county,
t^be^subfillf- 3- ^71d ^e ^ farther enaBed, That no other ferry or bridge between Walhcan's
fen7 °PP°flte Fort Moore's bluff, and Ray's ferry oppofite Campbleton fhall be Jeff
tabliffied or permitted on any pretence whatever, during the continuance of the right
of the faid commiflioners and their fuccelfors in office to the privilege hereby vefted
in and confirmed to them,
commission 4. And be it further enaBed, That the faid Abraham Jones, George Graves, James
comrmssoners Perrie, Lewis Harris, and James Fox, and their fucceflors, are hereby required to
academ^fhe pay over to the commiflioners of the Richmond academy, or their fucceflors in of-
fcrrr.so 1 fice, all balances remaining in their hands, after deducing all expences and charges
which may accrue in keeping the faid ferry, in manner and form aforefaid, on the
FIRE ARMS.
firft day of January in every year, during the term they are hereby vefted with a
right to keep the fame; and alfo depofit with the faid commiflioners of the academy
a ftatement of their accounts, (hewing the balances paid over as aforefaid: Provided, stuI, g!ve;b(md
That the commiflioners herein named fliall, previous to their entering upon the du- thS^embr?
ties herein requefted of them, give bonds to his excellency the governor, for keeping
the aforefaid ferry, according to the true intent and meaning of this aft.
5. And be it further enaBed, That in cafe of death, refignation 01* removal of ei-
ther of the faid commiflioners, it fhall be and is hereby made the duty of the juflicestobefil!cd-
of the inferior court of the county of Richmond, to fill fuch vacancy or vacancies.
6. And be it further enaBed, That this aft fliall be deemed, adjudged and takenrubUcilflb
to be a public aft, and fliall be judicially taken notice of as fuch by all judges, jufti-
ces, and other perfons whatfoever, without fpecially pleading the fame.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Affented to December 5, i3oo.
JAMES JACKSON, Governor.
FIRE ARMS.
An aB for the better fecurity of the inhabitants by obliging the male white perfons to car-
ry fre arms to places of public worjhip.
WHEREAS it is neceffary for the fecurity and defence of this province from in-preambfe;
ternal dangers and inlurreftions, that all perfons reforting to places of public
worfhip fliall be obliged to carry fire arms.
1. Be it enaBed', That immediately from and after the pafling of this aft, every male ah ™ie wh'?e
white inhabitant of this province, (the inhabitants of the fea port towns only except- cfrflhnBo
ed who fliall not be obliged to carry any other than fide arms) who is or fliall be lia- ship umler j tn-
ble to bear arms in the militia, either at common mufters or times of alarm, and re-Wp"
forting, on any Sunday or other times, to any church, or other place of divine wor-
fliip within the parifh where fuch perfon fliall refide, fliall carry with him a gun, or a
pair of piflols, in good order and fit for fervice, with at leaft fix charges of gun-pow-
der and ball, and fliall take the faid gun or piflols with him to the pew or feat, where
fuch perfon fliall fit, remain, or be, within or about the faid church or place of wor-
(hip, under the penalty of ten ftiillings for every negleft of the fame, to be recovered how to be re-
by warrant of diftrefs and fale of the offender's goods, under the hand and feal of any p°kd.edandJ|r
juftice of the peace for the parifh where fuch offence is committed, one half to be
paid into the hands of the church wardens, or where there is no church wardens, to
any juftice for the ufe of the poor of the faid parifh, and the other half to him or
them that fliall give information thereof.
2. And for the better and more effeftual carrying this aft into execution, Be
further enaBed, That the church warden or churchwardens of each refpeftive parifh, pecrSoksiiab!ene
ancl the deacons, elders or felehf men, of other places of public worfhip, fliall be obit-tocarryarm^
ged, and they are hereby empowered to examine all fuch male perfons, either in or
about fuch places of public worfhip, at any time after the congregation is affembled,
on Chriftmas and Eafter days, and at leaft twelve other times in every year, and if, up-
fire company.
on finding any perfon or perfons liable to bear arms, and being then to places of
public worfhip as aforefaid, without the arms and ammunition by this aft direfted, and
{hall not, within fifteen days after fuch offence is committed, inform againft fuch per-
fon or perfons fo offending, in order to recover the penalty as aforefaid, fuch church
warden or church wardens, deacons, elders, or feleft men, (hall, for every fuch neg-
left of duty, or giving information as aforefaid, forfeit and pay the fum of five
pounds, to be recovered and applied as in this aft is before direfted.
Persons refm 3. And be it further enabled, That any fuch perfon or perfons thus liable to bring
Imfned to for- their arms, and being at any church or place of public worfhip, as aforefaid, that
refufe to be examined in or about fuch places of public worfhip, or negleft, on
piied2safore- demand of the church warden or churchwardens, deacons, elders, or feleft men ref-
saidf . * , ,
peftively, to produce and fhew his or their arms and ammunition by this aft required
to be brought by fuch perfon or perfons, to the intent it may be known whether the
fame be fit for immediate ufe and fervice, fuch perfon or perfons fo refufmg or neg-
lefting fhall feverally, and for every fuch offence, forfeit the fum of ten {hillings, to
be recovered and applied in fuch manner as the penalty for not bringing fuch arms in
and by this aft direfted.
€entim»tion. ^ ^nd be it further enabled, That this aft fhall be and continue in force for and du-
ring the term of three years, and from thence to the end of the next feffion of the
General Affembly, and no longer.
N. W. JONES, Speaker.
JAMES HABERSHAM, PrefidenL
JAMES WRIGHT.
February 27, 1770.
FIRE COMPANY.
An abl to authorize the raifing and efablijhing a fire company in the city of Savannah,
and one in the town of Augufa.
preamble. 7"HEREAS the citizens of Savannah, have provided two fire engines for the
\ V ufe °f tbe f&id city, and the inhabitants of the town of Augufta intend alfo
to provide another engine in addition to the one already provided by them for the
ufe of the faid town:
A fire company i. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate of
savankhof Georgia in General Affembly met, That it {hall and may be lawful for any number of
perfons not exceeding thirty, who fhall be citizens of this ftateand inhabitants of the
city of Savannah, to form and affociate themfelves together as a fire company, un-
der the ftyle and denomination of 44 The Fire Company of the City of Savannah,"
Theirofficefs at any time after the pafling of this aft, and they are further authorized to eleft from
^commission- among themfelves, in like manner as provided in the militia lavr, officers to command
them, not exceeding four, who {hall be commiffioned by his excellency the governor.
Another estab- 2. And be it further enabled, That it {hall and may be lawful for any number of
gusta.ia Au~ perfons not exceeding thirty, who {hall be citizens of this ftate and inhabitants of the
town of Augufta, to aftociate and form themfelves into a fire company in like man-
officered in ner as above, under the ftyle of 44 The Augufta Fire Company," who fhall eleft
ukemanner, from among themfelves any number of officers; not exceeding four, to command
FOREIGNERS.
*43
faid company, which officers fhall be commiffioned by his excellency the governor.
3. And be it further enabled, That the officers and men of the faid fire company Exempts
{hall be exempted from militia duty, except in times of actual invahon, infurretlion Sutf.,mlltia
or alarm.
4. And be it further enabled, That the recorder or city treafurer, marfhal of the other exempt
faid city, the meffenger and clerk of the council, and the city conftable be, and they iu Savan"
are hereby exempted from militia duty, except in cafes of invahon, infurrefiion
or alarm.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIM TALIAFERRO, Prefdent of the Senate.
GEORGE MATHEWS, Governor.
December 29, 1794.
FOREIGNERS.
An abl for the fecurity of foreigners who may lend money at interefi, 011 real efates.
1. "T^THEREAS the borrowing of money on interefi from foreigners may bene-preamble.
V V fit this ftate, and it is' but reafonable, that any foreigner lending money
fhould be fecured on real eflates by way of mortgage, and at liberty to inflitute fuits
for the recovery of all fums, as well principal as interefi, fo loaned: Be it enabled by Foreignemui
the reprefentatives of the freemen of the fate oj Georgia in General Ajfcmbly met, and takemortgages
hy the authority of the. fame, That it ffialland may be lawful for every and allperfons, cuntyofmo.
1-1- 11 1 ■ Jn r r 1 r i . ' ney lent to citi-
being aliens, to lend money at an annual interefi of feven per centum, on freehold this
or leafehold fecurity, by way of mortgage, on any eflate within this flate, and fuch
money, whether the kingdom or flate of which fuch money-lender is a fubje£l or alien,
fhall be at peace or in war with the United States, to recover, fue for, by attornies
or otherwife, in the courts of this flate, and where judgment is obtained, execution
ffiall be awarded for the fale of fuch mortgaged premifes, for payment of the debt
and interefi due thereon, with cofls of fuit, as is common with the citizens of this
flate, (except fuch foreigner be entitled to the right of entry or aflual poffeffion of
any fuch mortgaged premifes by purchafe, or by any procefs for foreclofing any
equity of redemption, by order of any court whatever) any law or cuftom to the
contrary notwithftanding.
2. And be it further enabled, That this aft fhall be, and is hereby declared to berubiica*.
a public aft, and fhall be judicially taken notice of as fuch in the courts of record
in this ftate. „ . , .
JOSEPH HABERSHAM, Speaker.
Savannah, February 21, 1785.
An abl to enable the fubjebls of his mofl chrifian majefy, to transfer and fettle fuch of
their efates and property as is or fiall happen to fall within this fate; and alfo to
perfebl the grant of twenty thoufand acres of land in this fate, to the vice admiral
the count D1 Eftaing, and to encourage the fettlement thereof
1. T li THEREAS the congrefs of the United States of America, on the fourteenth proambw?
V V day pf January, pne thoufand feven hundred and eighty, did refolve, That
*44
FORGERY.
it be recommended to the legiflatures of the aforefaid United States, to make provi-
lion, where not already made, for conferring on the aforefaid fubjefils of his moft
chridian majefty, the privilege of difpoling and fettling their edates agreeably to the
form and fpirit of the thirteenth article of the treaty of amity and commerce between
his mod chriltian majelty and the United States of America: Be it therefore enaBed
by the reprefentatives of the freemen of the jlate of Georgia in General Affembly met,
and by the authority of the fame, That the fubje&s of his molt chriltian majelty fhall
SubiSuS? be, and they are hereby empowered to transfer and difpofe of fuch of their eltates and
Sr^whichare property as lhall happen to be within the limits of this Itate, and that the eltates and
li^TFi0ance ProPerty fuch of laid fubjefils as are or may be deceafed, and who were not citi-
An«isaidsu.- zens 0f this date, being within the date, lhall defcend to and become the edateof
jcits entitled to ' O '
Sedficdln^iie heirs and legal reprefentatives of fuch deceafed perfon, according to the laws,
*r"ty- ufage and cudom of the kingdom of France relative thereto, and fuch edate fo de-
fcending lhall and may be fettled agreeably to the laws that are or lhall be made
relative thereto, without being obliged to obtain letters of naturalization; and that
the aforefaid fubje&s of his mod chridian majedy lhall have, hold and enjoy, on their
part, within this date, the privileges and immunities mentioned in faid articles of
treaty, according to the form and fpirit thereof.
Twenty thou- 2. And whereas the General Alfembly of this date refolved, that grants of twenty
find grated thoufand acres of land diould idue to the vice admiral the count D'Edaing, in tedi-
E vestcdgwTth° mon)r ^cir refpe^ f°r his meritorious fervices,' Be it therefore enaBed, That the
afree^itfzenof v^ce admiral the count D'Edaing be, and he is hereby empowered and qualified to
this state. receive and hold the grants of land aforefaid, and he is hereby admitted to all the
privileges, liberties and immunities of a free citizen of this date, agreeably to the
conditution.
French subjedts, 3. And (to encourage and promote the fettlement of the faid land) Be it further en-
citizens of this aBed, That any perfon or perfons, being a fubjefl of his mod chridian majedy, whQ
is properly introduced, with a defign to become an inhabitant of this date, fuch perfon
or perfons, lhall after three years' refidence, or in cafe of intermarriage, with a citizen
of this date, or either of the United States, after one year's refidence and taking the
oath of allegiance and fidelity, be admitted to all the liberties, privileges and immuni-
ties of natural born citizens of this date, any law, ufage or cudom, to the contrary not-
withdanding.
By order of the Houfe.
JOSEPH HABERSHAM, Speaker.
Savannah, February 22, 1785.
FORGERY,
An aB for the more effeBually preventing and punifhing forgery.
1. T)E IT ENACTED by the Senate.and Houfe of Reprefentatives of the fate of
Tcrforgeccr- -IJ Georgia in General Affembly met, That from and after the pading of this a6t,
^entSpa- if any perfon or perfons lhall falfely make, forge, alter or counterfeit, or caufe or
,er* procure to be falfely made, forged, altered or counterfeited, or willingly afit or affift
in the falfely making, forging, altering or counterfeiting any audited certificate, idlted
by the auditor general; or any order or warrant ilfued by his excellency the governor^
FRAUDS IN SELLING BEEF, JPORK, PITCH,
*45
or the honorable the prefident of the Senate, or fp'eaker of the Houfe of Reprefenla-
tives of this Rate, on the treaiarer thereof, for any money or other thing, or any
•warrant for land ilfued bv the juftices of any land court within this Rate, or any cer-
tificate, draft, warrant or order from any of the public olficers of this Rate, ilfued
under, or by virtue of any ad or refolve of the General Alfembly, or any deed, will,
teRament, bond, writing obligatory, bill of exchange, promiffory note, or order for
money or goods, or acquittance, or receipt for money or goods, or any endorfe-
ment or aflignment of any bond, writing obligatory, bill of exchange, promilfory
note, or order for money or goods, with intent to defraud any perion or perfons
whatfoever, or lhall utter or publilh as true, any falfe, forged, altered or counter- 61
feited audited certificate, governor's, prelident's, fpeaker's, or other public officer'ssameastrue*
certificate, draft, warrant or order, fo as aforefaid ilfued under or by virtue of any
ad or refolve of the General Alfembly of this Rate, or any deed, will, teRament,
bond, writing obligatory, bill of exchange, promilfory note, or order for money or
goods, or acquittance or receipt for money or goods, or any endorfement or affign-
ment of any bond, writing obligatory, bill of exchange, or promilfory note, or or-
der for money or goods, with intent to defraud any perfon or perfons whatfoever,
knowing the fame to be fo falfely.made, forged, altered or counterfeited, every Rich
perfon or perfons fo offending, and being thereof convided according to the due £^]fre^10buet
courfe of law, he, fhe or they lhall be deemed guilty of felony, and fuffer death jjene&ofcier-
without the benefit of clergy.
2. And be it further enabled, That if any perfon or perfons lhall falfely make, Toforgeand
forge, utter or pafs any bafe metal as gold or lilver coin, within this Rate, knowing®^™!,?*
the fame to be falfe, bafe or forged, and being thereof convided, lhall fuffer death wC"
without the benefit of clergy.
WILLIAM GIBBONS, Speaker of the Honfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 14, 1792.
EDWARD TELFAIR, Governor.
FRAUDS IN SELLING BEEF, PORK, PITCH, Be.
An aH to prevent frauds and deceits, in felling beef pork, pitchy tar, turpentine, and .
frewood.
l.T^THEREAS the preventing Frauds and deceits in packing of beef and pork an<^Preamb]e
V V in felling pitch, tar, turpentine and firewood, will greatly increafe the ere- ream
dit and repute of thofe commodities of this province, and alio be for the particular
benefit and emolument of the purchafers or exporters of the fame : Be it therefore
enabled, That from and after the firff day of February next, all and every calk or
caflcs, in which any beef or pork fiiall be packed and expofed to fale within this pro-
vince, lhall be made of found, dry, and well feafoned white oak timber, free from fap,
the heads as well as bodies of which caflcs lhall be made tight fo as to hold pickle, and
the faid calks lhall be proved, before the fame lhall be packed with any beef or pork,
and lhall gauge thirty gallons.
2. And be it further enacted, That from and after the faid firlt day of February afore-
faid, every barrel of beef or pork packed and fold, or expofed to fale in this pro- tvoRdrcti
vince, lhall contain two hundred pounds weight of wholelbme, well cured meat in
246
FRAUDS IN SELLING BEEF, PORK, PITCH, (3c.
the fame, after being ten days falted and well packed with fait and pickle, and not
more than one {hank, one fhin, and one half of the neck, and no head in each
&C1 by'barrel of beef, and not more than two heads in each barrel of pork; and the fame
sjiectord. ^a|j ^ weighed and infpe&ed by fome of the packers and infpeftors herein after
mentioned, who fhall brand the fame with his refpe&ive brand,
under penaryd 3* ^nd be it further enabled, That from and after the fa id fir ft day of February.
Hngs!enty shil" aforefaid, no merchant, fafcior, trader, or other perfon, fhall {hip for exportation
on board any {hip or veffel whatever, any beef or pork for a foreign market, be-
fore the fame be packed by fome packer or infpeftor of the port or place where the
fame is intended to be {hipped, and by the faid packer and infpector branded, under
pain of fuch perfon fo {hipping, forfeiting the fum of twenty {killings fterling for
every fuch calk fo {hipped, to be recovered and applied as herein after dire&ed.
4. And be itfurther enabled, That from and after the' faid firft day of February
aforefaid, every barrel of pitch which {hall be made and fold in this province, {hall
Indetwentd/-d contain three hundred and twenty-two pounds grofs weight, and the ftaves of the
gross.oimds faid barrels not tb exceed half an inch in thicknefs; every barrel of tar made and
fold as aforefaid, {hall contain at leaft thirty-two gallons, clear of dirt, drofts, chips
ftirty0twontgain-or water; and every barrel of turpentine fo made^.nd fold as aforefaid, fhall weigh
T urpentine to four hundred and fixty pounds grofs, clear of dirt, fand or water ; and that no mer.
hunlredand chant, fafitor, trader, or other perfon whatever, {hall Chip, or put on board; any ftiip
gross ^0ullds or ve{fe]3 for exportation from this province, any tar, pitch or turpentine, before the
ed"oVorfdtfive ^me is marked by fome packer or infpefiior, under pain of forfeiting, for every bar-
pp^foievc* rel fo {hipped, the fum of five {killings fterling, to be recovered and applied as herein
after direfted.
5. And be it further enabled, That if any fraud or abufe {hall be fufpe&ed in any
ojenedonLs-C barrel or barrels of pitch, which fhall be brought to market, or expofecl to fale, the
picion of fraud. perpon who treat yor tjje pUrchafe of-fuch pitch, fhall beat liberty to cut open
as many barrels of the fame as he fhall think proper, which fhall be liable to be view-
ed, judged and forfeited, as herein after directed, and where any pitch {hall be con-
nidasTaudu- demned as fraudulent, by the perfon or perfons empowered to view and judge the
feited?andfairso fame, all fuch condemned pitch {hall be forfeited and fold by the treafurer and appli-
each barref so
ed to fuch ufes as is herein after dire&ed, and the owner or perfon expofing fuch pitch
condemned. tQ |-aje^ a|^Q forfejt tpe fum Gf pve miHingS fterling, for each barrel fo fraudu-
lently brought to market, and expofed to fale, and the fame may be recovered againft
him, as is provided by the a£t, for the more eafy and fpeedy recovery of fmall debts
and damages, and fhall be applied to ufes as herein after direfled. Provided always,
That when any pitch {hall be ordered to be cut open as aforefaid, without.the .cbhfent
proviso of the owner, or perfon offering, or expofing the fame to fale, the fame fhall be done
at the rifle of the perfon who fhall caufe fuch pitch to be fo cut open (that is to fay)
if fuch pitch fhall not be condemned as fraudulent, by the perfon or perfons empow-
ered to view and judge the fame, that then the perfon who caufed the pitch to be fo
cut open and examined, {hall take to himfelf every fuch barrel fo cut open, and which
{hall not be condemned, as aforefaid, and {hall pay to the owner or perfon offering
the fame to fale, the current fum or price, which good pitch {hall then bear at that
port or place, any thingherein contained to the contrary notwithftanding.
mspettors or -And be it further enabled. That fuch perfons as {hall be appointed packers or
packerswbe infpe&ors, by ordinance or otherwife of the governor, council and Commons
Floufe of Affembly, in General Affembly met, ftiall be, and they are hereby di-''
refiled, before they enter into the execution of their offices, feverally and refpefilivelyr
FRAUDS IN SELLING BEEF, PORK, PITCH, Be.
m
take the following oath before fomejuftice of the peace, for the parifh where fuch
port fballbe, who {hall grant fuch packer and infpeftor a certificate thereof: " I, A.
B. do folemnly fwear, that I will faithfully and impartially execute the bulinefs and Their oath. •
duty of a packer and infpeftor, in the town and port of to the belt of my
fkill and judgment, without favor or prejudice, and without any delay, agreeable to
an aft of the General Affembly of this province, entitled " An aft to prevent frauds
and deceits in felling beef, pork, pitch, tar, turpentine and firewood, So help me God."
7. And be it further enaBed, That the packers and infp^ors fo to be appointed,
{hall receive for their trouble from the feller or owner ofWiy beef, pork, pitch, tar, insPc&or»',&6
or turpentine, the fum of fixpence for every barrel of beef or pork, and the fum of ce"'
twopence for every barrel of pitch, tar, or turpentine, which they fliall view, infpeft,
mark or brand, as aforefaid. And the faid packers and infpeftare hereby feveral-
ly direfted to have and make ufe of a fepardte brand, with the in*al letters of the name Must brand ui
of fuch packer and infpeftor, and in cafe of refufalor negleft, to do and perform any the'rinSS,
ofthe duties by this aft required to be done and performed by-.fucb packer and infpec- oftenJSSSJ.
tor, he or they fo refufing or neglefting, after he or they, fhall h#Ce^ccep ted fuch of-
fice, {hall for every fuch offence forfeit the fum of ten {hillings. tit
8. And be it further enaBed, That if any packer or infpeftor, fhaMnark or brand
any beef, pork, pitch, tar or turpentine, not weighing or containing the^ights or mea- packers^
fures, direfted by this aft, fuch packer or infpeftor {hall, for every barrel fo marked or SKjb«f,
branded, forfeit the fum of forty {hillings fterling, to be recovered and applied as here- &c. improper*
in after direfted.
9. And whereas many frauds are committed in the fale of firewood, Be it farther
enaBed by the authority aforefaid, That from and after^be firft day of February afore- Firewood,siw
faid, every cord of firewood which fhall be fold in this province, {hall meafure eight
feet in length, four feet in height, and four feet in breadth, and ill cafe any perfon or
perfons whatever*' having any firewood fold and delivered them,by the cord, as afore-
faid, fhall fufpeft a deficiency therein, fuch perfon or perfons, {hall and may
apply to any of the packers and -infpeftors to be appointed as aforefaid, to cord and
meafurethe fame; and in cafe any deficiency {hall-appear, the perfon or perfons fel-
ling the fame, fhall for every cord that fhall be fo deficient, forfeit the fum of ten fhil-
lings; and the packer and infpeftor meafuring the fame, fhall be paid the fum of fix-
pence for every cord fo meafured by the feller thereof, in cafe of deficiency, and in cafe forfeit ten shil-
no deficiency fhall appear, then to be paid the fum of fixpence by the perfon or perfons tush cord. ^
applying-
10. And be it further enaBed, That all the fines and forfeitures by this aft inflift-
ed, fliall be recovered, upon proof of: the offence, before any juftice of the peace F;ne«.to bere-
for the parifh where the fame fhall be committed, by warrant under the hand and feal justices of the
of fuch juftice, direfted to any conftable of the faid parifh, and be to the informer, tothemfor-0
11. And be it further enaBed, That this aft fhall continue and be in force for and
during the term of three years, and from thence to the end of the next feffion of the
General Affembly, and no longer.* ffThK!08
By order of the Upper Houfe.
JAMES HABERSHAM, Pre/dent.
By order of the Commons Houfe of Affembly.
ALEXANDER WYLLY, Speaker.
Council Chamber, March 6, 1776.
Affented to.
JAMES WRIGHT.
* Revived and continued indefinitely by afts of 1783 and 1784.
GAMING.
An abl for amending an act, entitled uAn aft to prevent frauds and deceits in felling'
beef, pork, pilch, tar, turpentine and firewood."
pruawhic. x TyfTHEREAS, the aft of the General Affembly paffed the fixth day of March*
V V in the year of our Lord, one thoufand feven hundred and lixty-fix, entitled
<c An aft to prevent frauds and deceits in felling beef and pork, pitch, tar, turpentine
and firewood, is found to be deficient in refpect of the regulations therein directed, as
Barrels of to the packing and infpecting beef, and pork, for remedy whereof, Be it enacted, That
KntSStMr- from and after the firft J|ty of May next enfuing, every barrel in which beef, or pork*
ty-twogallons. ^ajj pe packeci an(| expofed for fale in this province, fhall contain and gauge thirty-
two gallons, and be made of feafoned timber, as direftcd by the faid recited aft, and
fhall have on each bmpd, not lefs than twelve found and fufficient hoops.
And fhaii 2. And be it furthf enacted, That from and after the laid firft day of May, every
hundred and barrel of beef, or pork, packed and fold in the province, fhall contain two hundred
twenty pounds, an(j twenty pounds weight, of wholefome well cured meat in the fame, after being fait-
ed at leaft ten days, and carefully packed with a fufficient quantity of dry fait, and
well pickled, and not more than one (hank, half the neck, and no head, in each barrel
of beef, and not more than two heads in each barrel of pork.
Andbe^branded g. And be it further enabled, That the brands to be uled by the feveral packers and
infpeft°rs, according to the direftions of the faid aft, fhall have the name of the par-
length!011 where the beef or pork is infpefted under that of the province, and alfo the names
of the infpeftors at full length; and fuch infpeftors and packers are, hereby direfted
to furnifh themfelves with fuch brands, and to brand the feveral barrels of beef and
pork by them infpefted, on the head, according to the direftions of, and under the
penalty in the faid aft mentioned and inflifted.
Continuation 4. And be it further enabled, That the before recited aft, and this aft, fliall conti-
* a ' nue and be in force for and during the term of three years, and from thence to the end
of the then next feffion of the general affembly, and no longer, any thing contained ih
the faid recited aft to the contrary not with ftanding.
By order of the Commons Houfe of Affembly.
NOBLE W. JONES, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefiicnt,
Council Chamber, 24th December, 1:768.
Affented to. JAMES WRIGHT.
GAMING.
An abl to fupprefs lotteries, and prevent other exceffive and deceitful gaming,,
1. \ X 7HEREAS many good and wholefome ftatutes of Great-Britain have, froift:
preamble. y y t-me tQ time5 been enafted and eftablilhed to prevent lotteries and gaming*
and great mifchiefs are daily found to arife from fuch praftices, both to trade and
the community in general, as many idle, loofe and diforderly perfons find means
thereby to fupport themfelves in a dilhoneft, diffolute courfe of life, and the younger
fort of people, and others, are frequently drawn in and deceived, to the lofs of their,
time and ruin of their fortunes; Be it therefore enabled, That from and after the*
.GAMING. *49
pafTirtg of tfiis aft, if any perfon or pcrfons fhall eteft, fet up, or expofe to be
played, drawn, or thrown at, or fhall caufe or procure to be erected, fet up, expofed Klked1,1"'lv*
to be played, drawn, or thrown at, any lottery, under the denomination of a fale, orr0Ulld5"
fales ofhoufes, lands, plate, jewels, fhips, goods, or other things, or for money, or
any undertaking whatfoever in the nature of a lottery, by way of chances, either by
dice, lots, cards, numbers, figures, or tickets, or fhall make, print, advertife, or pub-
lifh, or caufe to be made, printed, advertifed, or publifhed, propofals or fchcmes for
advancing fmall fums of money, by feveral perfons, amounting in the whole to large
fums, to be divided among them by chances of prizes, or {hall deliver out, or caufe,
or procure to be delivered out, tickets to the perfons advancing fuch fums, to entitle
them to a fhare of the money fo advanced, according to fuch propofals or fchemes, or
fhall expofe to fale any houfes, lands, plate, jewels, fhips, or other goods or chattels,
by any game, method or device whatfoever, depending upon, or to bg 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 whatfoever, or fhall be adven*
turers in, or pay any monies or other confideration, or any ways contribute unto any
of the faid games, lottery, or lotteries, fale, or fales, fuch perfon, or perfons, and eve-
■fry, or either of them, on being convifted thereof, on the oath, or oaths of one or more
credible witnefs or witneffes, or on the confeflion of the party or parties accufed,
fhall forfeit and lofethe fum of five hundred pounds lawful money of this province, to
be recovered by aftion of debt, or information* in the general court of pleas, the one
moiety of fuch forfeiture to be to his majefty, for the fupport of the government of
this province, and the other moiety to the informer : And all, and every fuch fale, or Saies,&e.
fales of houfes, lands, plate, jewels, {hips, goods, and other things, by any game, lot-claredV01d-
tery, or lotteries, machine, engine, Or device whatfoever, depending upon, or to be
determined by chance, or lot, fhall, and are hereby declared to be void, to all intents
and purpofes; and whatever fhall be fo fet up, and expofed to fale, fhall be forfeited ^dev^pup
to fuch perfon. or perfons who fhall fue for the fame, by aftion, bill, plaint, or infor- gai be forfeit*
mation, in his majefly's general court of pleas of this province, wherein no effoign, pro*
teftion, wager of law, or more than one emparlance, fhall be allowed : And in cafe of
any offender againft this aft, not having fufficient goods and chattels, whereon to le-
Vy the penalty hereby inflicted, or not immediately paying the faid penalty, or giving
fecurity for payment thereof* it fhall and may be lawful for the juftices, before whom
fuch perfon or perfons fhall be convifted, to commit him or them to prifon, there to
continue and remain for any time not exceeding twelvemonths.
2. And be it enaHed-, That from and after the pafhng of this aft, all bills, bonds,
judgments, mortgages, notes of hand, or other feeurities or conveyances whatfoever, &cngkelffe^
given, granted, drawn, or entered into, or executed by any perfon or perfons what- debt^vai'i?
fioever, where the confideration of fuch conveyance or feeurities {hall be for any mo-
nies or other valuable things whatfoever, 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 whatfoever, or by betting on the fides or hands of fuch as do game at any of the
games aforefaid, or for reimburfing or repaying any money knowingly lent or ad-
Vanced at the time and place of fuch play to any perfon or perfons fo gaming or bet-
ting as aforefaid, or who fhall during fuch game fo play or bet, fhall be utterly void
and of noneeffeft to all intents and purpofes whatfoever, any ftatute or ufage'to the
Contrary thereof notwithftanding; and where fuch mortgages, feeurities, or other
conveyances, fhall be of lands, tenements, or hereditaments* or fhall be fuch asencum-
250
GAMING.
bcr or affeft: the fame, fuch mortgages, fecuriries, or other conveyances, {hall inure
and be to and for the fole ufe and benefit of, and fhall devolve upon, fuch perfon or
perfons as fhould or might have, or be entitled to fuch lands, tenements, or heredita-
ments, in cafe the faid grantor or grantors thereof, or the perfon or perfons fo encurn-
beringthe fame, bad'been naturally dead, and as if fuch mortgages, fecurities, or other
conveyances, had been made to fuch perfon or perfons fo to be entitled after the de-
ceafe of the perfon or perfons fo encumbering the fame; and all grants and convey-
ances to be made for the preventing fuch lands, tenements or hereditaments^ from
, coming to, or devolving upon fuch perfon or perfons hereby intended to enjoy the
fame as aforefaid, fhall be deemed fraudulent and void, and of none effeft.
Money io:t at 3* And be it further enabled, That any perfon or perfons whatfoever, who at any
"ScTccov«cd.to time or times, fitting or fittings, -within the fpace of twenty-foi*:rrhours, by playing
at cards, dice, tables, or other game or games, or by betting on the fides or hands
of fuch as do play at any of the games aforefaid, fhall lofe to any one or more per-
fon or perfons fo playing or betting, in the whole, the fum or value of five fhillings
lawful money of this province, and fhall pay or 'deliver the fame, or any part there-
of, the perfon or perfons fo lofing and paying or delivering the fame,, fhall be at li-
berty, within > three months then next following, and not after, to fue for and reco-
ver the monies or goods fo loft and paid or delivered, or any part thereof from the
refpeftive winner or winners thereof, with cofts, by a warrant from'a juftice of the
peace, in nature of a warrant for debt, founded on. this aft;, in cafe the'monies or
goods fo loft and paid or delivered, fhall not exceed the value of eight pounds law-
ful money of this province; and in cafe the monies or goods fo loft and p>aid or de-
livered, lhall exceed that fum, the lofer fhall and may recover the fame from the,
winner or winners, with cofts, by aftion of debt, founded on this aft, to be profe-
cuted in his majefty's general court of pleas in this province; in which fuit no effoign,
proteftion, wager of law, privilege, or more than one emparlance, fhall be allowed,
and in which aftion or fuit it fliall be fufficient for the plaintiff to alledge, that the
defendant or defendants are indebted to him,, or received to the plaintiff's ufe the
monies fo loft and paid, or converted the goods won of the plaintiff to the . defend-
ant's ufe, whereby the plaintiff's aftion accrued to him according to the form of
this aft, without fetting forth any fpecial matter; and in cafe the perfon or perfons
who lliall lofe fuch money or other things as aforefaid, fhall not, within the time pre-
fcribed, really and bona Jide fue, and with effeft; profecute for the monies or other
things fo by him or them loft and paid or delivered as aforefaid, it fhall and may. be
lawful to and for any perfon or perfons, by any fuch aftion or fuit as aforefaid, to
fue for and recover the fame, with full cofts of fuit, againft fuch winner or winners
as aforefaid, unlefs fuch winner or winners,, within ten days after the winning fuch
money or things, fhall rep^y or redeliver to the lofer fuch money or things fo won
and delivered to the lofer as aforefaid, together with fuch cofts of fuit as may have
accrued before the repayment or redelivery of fuch-mpney or thing, the one moiety-
of the money or thing fo recovered, fhall be to the ufe of the perfon or perfons
(other than the perfon lofing) who fhall fue for the fame, and the other moiety tp
.the ufe of the poor of the parifh where the offence fliall be committed.
£arTcoverSback 4. And for the better difcovery of the monies .or-things fowon and received, and
gamhigF°com- to be fued for and recovered as aforefaid, It is hereby further enabled, That all and
rerthe°-dlsco" every the perfon or perfons, who by virtue of this prefent aft: fliall or may be liable
mount on o%th. ^ fuecj. for tpe fame, fliall alfo be obliged and compellable to anfwer upon
fuch bift or bills in equity as fhall be preferred againft him or them, for difcoverif||
GAMING.
251
tlie fum or fufns of .'money or other things fo won and received at play as aforefaid:
Provided nevcrthelefs, That upon the difcovery and repayment of the money or
other thing fo to be difcovered and repaid as aforefaid, together with the cofts that may
have accrued, fuch perfon or perfons {hall be acquitted, indemnified and difcharged
from any further or'other punifhment, forfeiture or penalty inflided by this ad.
5. And be. it enabled, That if any ,perfon or perlons whatfoever, at any time or
times after the palling of this ad, by fraud, fhift, cozenage, circumvention, deceit
or unlawful device, or ill practice whatfoever, in playing at or with cards, or dice,foulfol<t-
or any of the games aforefaid, or in bearing a ftiare or part in the (lakes, wagers or
adventures, or in or by betting on the fides or hands of fuch as do or fhall play as
aforefaid, do or {hall win, obtain or acquire to him or themfelves, or to any other
or others, any fum or fums of money or other valuable thing or things whatfoever,
then every fuch perfon or perfons fo winning by fuch ill pradice as aforefaid, being
convided thereof, upon an endidment to be exhibited againft him or them for that
purpofe, fhall forfeit four times the value of the fum or Turns of money, or other
things fo won as aforefaid, to the perfon or perfons profecuting, and alfo, fhall fuffer
fuch corporeal puniihment as the court before whom the fame fhaii be tried Ihall think,
fit to inflid, not extending to the lofs of life or member.
6. And for preventing fuch quarrels as (hall or may happen, upon the account of perfons fight
gaming, Be it further enacted, That in cafe any perfon or perfons, upon account of
any money won by gamin?, playing or betting at any of the games aforefaid, Ihall felt twentyor"
rr 1 11 7 1 n 6 1 r 1 3 1 r r r i P°undsandbc
aliault and beat, or challenge or provoke to fight any other perlon or perlons,' iuchmiPrIS0!lc(1'
perfon or perfons fo affaulting, beating, challenging or provoking to fight, on being
thereof convided, upon an endidment or information to be exhibited againlt him or
them for that purpofe, fhall forfeit to his majefty, his heirs and fuccelfors, the fum of
twenty pounds lawful money of this province, for the ufe of the faid province, and
{•hall alfo fuffer imprifonment, not exceeding fix months, without bail or mainprize.
7. And whereas the occupiers of many licenfed public houfes, and of other houfes Tavcr„kcep.
wherein liquors are fold, frequently fuffer gaming therein, and apprentices, overfeers,
journeymen, laborers and fervants, by means .thereof, not only mifpend their time, thcirSlS/*
but are often reduced to poverty and diftrefs, Be it therefore enafied, That from and
after the firft day of June next, after the paffing pf this ad, if any perfon or per-
fons licenfed to fell any forts of liquors, or who fliall fell or fuffer the fame to be
fold in his, her or their houfe or houfes, or in any Out houfes, grounds, or. apart-
ments thereto belonging, fliall knowingly fuffer any gaming with cards,- dice,
draughts, fhuffie boards, billiard tables, {kittles,: nine-pins, or at or with, any other
games, or implements of gaming, in his, her, ointheirhoufes, out houfes^ ground,
or apartments thereunto belonging, by any apprentices, overfeers, journeymen, la-
borers or fervants, and fliall be convided of the ,faid offence, or their own confef-
fion, or on the oath of one or more credible witnefs-or witneffes, (exclufive of the per-
fon giving information thereof) before any juftieeqr juftices of the.peaceof the par-
ifh or place where the offence fliall be committed, within thirty days after fuch offence,
he, flie or they, fo offending, fhall forfeit for the firft offence the fum of twenty fhib
lings lawful money of this province, and for every like offencei he, flie or they, fliall
be afterwards convided of the fum of forty fhillings, to be levied by diftrefs and fale
of the offender's goods, by warrant from the juftice or jufticesv before whom fuch of-
fender or offenders fhall be convided; one moiety of which faid forfeitures fliall be
paid to the church wardens; a&d veftry of the parifli or place where the offence fliall
be committed, for the ufe,poorjherejiandthdotber moiety thereof to the perfon
*52
GAMING.
or perfons on whofe information fuch offender fhall be convifted; and for want of
fufficient diftrefs, it {hall and may be lawful for fuch juftice or juftices to commit fuch
offender or offenders toprifon, not exceeding ten days, or until the money fo forfeit-
ed fliall be paid.
8. And be it further enacted, That from and after the faid firft day of June next, if
any apprentice, overfeer, journeyman, laborer, or fervam, fhall game in any houfe,
fmpr\foimenntd out houfe, ground, or apartments thereto belonging, wherein any liquors fhall be fold,
pHbffcTSes". ar,d fhall be thereof convicted, by the oath of one or more credible witnefs or witnef-
fes, or on his or their own confeffion, every fuch offender fliall forfeit and pay the
fum often fhillings for every fuch offence, to be levied by diftrefs and fale, and ap-
plied as aforefaid ; and in cafe no fufficient diftrefs can be found fliall be committed
to prifon, not exceeding the fpace of five days, or until the money fo forfeited fhall be
paid.
poweloTji^tf- 9* be it further enabled, That it fliall and may be lawful to and for any juf-
[rtheCcxecutT-1ice or juftices of the peace of any parifh or place in this province, and he and
•n of this aft. -s ancj are required upon complaint, on oath, of any offence committed
againft this aft, to iff ue his or their warrant to fome conftable of the parifh, where
the offence fhall be charged to have been committed, or where the offender fhall
refide, for bringing before him or them, or fome other juftice of the fame parifh,
the perfon or perfons charged with fuch offence, and fuch juftice or juftices are
authorized to hear and determine the matter of fuch complaint, and to proceed to judg-
inent thereupon; and if it fhall appear by oath of any credible perfon, that any one
within the faid juftices' jurifdiftion, can give material evidence as to any offender
againft this aft, or on behalf of the perfon accufed, and will not voluntarily appear
to be examined, fuch juftice or juftices may and fhall iffue his or their fummons, to
convene every fuch perfon before him or them to be examined on oath, touching the
premifes; and in cafe of refufal to be examined without juft caufe, it fhall be lawful
for fuch juftice dr juftices to fine fuch perfon or perfons in a fum not exceeding forty
fhillings; and in default of payment thereof in five days, to commit fuch perfon to
prifon for a term not exceeding ten days, or until the faid fine fhall be paid, and the
expence attending fuch commitment fhall be borne and paid by the party or parties
offending againft this aft, if of ability to pay the fame, and if not, the fame fhall
be paid bv the public, in like manner as is done for conveying criminals to jail.
Competent 10. Provided always, and be it enacted, That in all proceedings purfuant to this
thiTaa?8un "aft, any inhabitant of the parifh'Or place where the offence fhall be committed fhall
be deemed a competent witnefs, and fliall give evidence, notwithftanding his, her or
their being^an inhabitant of fuch parifh-Or place,
justices may ii. Andbe'it-alfo enabled, That if any juftice of the peace or conftable fhall re-
dooRto'seize ceive information from any credible perfon, or fhall himfelf know, or have reafon-
able or juft caufe to fufpeft that any fuch perfons as aforefaid are gaming, contrary
to the intention of his aft, in any licenfed public houfe, or other houfe felling li-
quors, it fhall and may be lawful for fuch juftice'or conftable, taking with hirri two
credible perfons, to enter into the fame, demand being firft made for fo doing; and
in cafe of -'refufal, to break open the doors of fuch houfes, and to fearch for, feize
and apprehend any perfon or perfons fo gaming as aforefaid, in order to his or their
being proceeded againft for fuch offence'according to law.
Appeal allowed 12. Provided alwaysand' it is f urther enabled. That any perfon or perfons who
wurtc.b€ner fhall think him or themfelves aggrieved by the determination of any juftice or juftices-
of the^peace, may appeal therefrom to the general co-iM of -pleas^ and the party ap-
GAMING.
253
pealing fhall give reafonable notice thereof to the profecutor, and enter into a recog-
nizance with two fureties for profecuting the fame with effeft; and in cafe the judg-
ment or conviftion of fuchjuftice or juftices fhall be confirmed, the party appeal-
ing {hall pay treble cofts.
13. And be it further enafted, That this aft fhall be deemed a public aft, and fhall Pubiicaa.
be taken as fuch by all judges, juftices and magifirates, and in all courts within this
province, without fpecial pleading; and fhall continue in force for the fpace of {even itscontinua.
years, and from thence to the end of the next fefiion of the General Affembly, andtlon'
no longer.
By order of the Commons Houfe.
LEWIS JOHNSON, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
JAMES WRIGHT.
February 29th, 1764.
An additional aft, to an act entitled " An act to fupprefs lotteries, and to prevent other
excejjive and deceitful gaming."
WHEREAS it hath been found by experience that the above mentioned act preamble,
hath not altogether anfwered the feveral good ends and purpoles thereby
intended, Be it therefore enacted. That from and after the paffing of this act, any per-
fon or perfons whofoever, who at any time or times, fitting or fittings within the Money i<»t at
fpace of twenty-four hours, by playing at cards, dice, tables, or any other game or Seledbe
games, or by betting on the fides or hands of fuch as do play at any of the gamesback'
aforefaid, or any game whatever, fhall lofe to any one or more perlon or perfons fo
playing or betting in the whole the fum or value of five {hillings lawful money of this
province, and fhall pay or deliver the fame or any part thereof; the perfon or perfons
fo lofing and paying or delivering the fame, fhall be at liberty at any time within fix?«moS.m
months then next following, and not after, to fue for, and recover the monies or
goods fo loft and paid or delivered, or any part thereof, from the refpeftive winner
or winners thereof, with cofts, by a warrant from a juftice of the peace, in nature
of a warrant for debt, founded on this aft, in cafe the monies or effiebts fo loft and
paid or delivered, {hall not exceed the value of. eight pounds *.lawful money of
this province; and in cafe the monies or goods fo loft and paid or delivered ihall
exceed that fum, the lofer {hall and may recover the fame from the winner or winners,
with cofts, by aftion of debt founded on this aft, to be profecutea in his majefty's
general court of pleas in this province, to which aftion or fuit, no efioign, profe-
cution, wager of law, privilege, or more than one emparlance {hall be allowed, and
in which aftion or fuit it {hall befufficientfor the plaintiff to alledge, that the defendant
or defendants are indebted to him, or received to the plaintiff's ufe, the monies or ef-
fefts fo loft and paid, or converted, the monies or effebts fo won of the plaintiff,
to the defendant's ufe, whereby the plaintiff's aftion accrued to him, according to
the form of this aft, without letting forth any fpecial matter; and in cafe the per-
* Juftice/ jurifdibtion reftrained to thirty dollars.
254
GAMING.
ft>n or per Tons, who fhall lofe fuch money or effects as aforefaid, fhall not within
^"ireo^TthUhe time prefcrihed, really and bona fide, fue, and with effeft profecute for the mo-
t.VMm'ci'f,'IS nies or effects fo by him or them loft and paid or delivered as aforefaid, it fhall and
i-m" ° K may be lawful to and for any perfon or perfons, by any fuch action or fuit as afore-
laid, to fue for and recover the fame with full cofts of fuit, againft fuch winner or
winners as aforefaid, unlefs fuch winner or winners within ten days after the winning fuch
money or effects, fhall repay or redeliver to the lofer fuch money or effects, fo won
and received as aforefaid, together with fuch cofts of fuit as may have accrued be-
fore the repayment or redelivery of fuch money or effects, the one moiety .of. the;
money or eff'efts fo recovered, fhall be to' the ufe.of the perfon or.perfons (other
than the perfon loffng) who fhall fue for them, and the other moiety to the ufe of the
poor of theparifh where the offence fhall be committed, any thing in the herein be-
Salerno lrIt. fore mentioned law to the contrary thereof in any wife notwithftanding.
nottSSV a- 2* ^ it fuvther enacted, That from and after the paffing of this aft, if any per-
houTsumier' ^on or perfons licenfed to fell any forts of fpiritous liquors or who fhall fell or fuffer
fivepounSforfeme v° he fold in his, her, or their houfe or houfes, or in any out houfes, ground-
tenpoundfor or apartments thereunto belonging fhall knowingly fuffer any gaming with cards,
aftenvards.ce dice, draughts, fhuffle boards, billiafd tables, fkittles, ninepins, or at or with any oth-
er games or implements of gaming, in his, her, or their houfes, or out houfes, grounds
or apartments thereunto belonging, by any apprentice, overfeers, journeymen, la-
borers, or fervants, or any other perfon or perfons whatsoever, and fliall be convict-"
ed of the faid offence on their own confeflion or on the oath of one or more credita-
ble witnefs or witneffes (exclufive of the perfon giving information thereof) before any
juftice or juftices of the peace of the pariffi or place where the offence fhall be com-
mitted within thirty days after fuch offence, he, fhe or they, fo offending fhall forfeit
for the firft offence the fum of five pounds lawful money of this province, and for
every like offence, he, fhe or they, fhall afterwards be convifted of the fum of ten.
pounds to be levied by diftrefs and fale of the offender's goods by warrant from the
juftice or juftices before whom fuch offender or offenders fhall be convifted, one
moiety of which faid forfeitures fliall be paid to the church wardens and veftry of the
parifli or place where the offence fliall be committed, for the ufe of the poor there, and
the other moiety thereof to the perfon or perfons on whofe information fuch offen-
der or offenders fhall be convifted, and for want of fufficient diftrefs, it fliall and
may be lawful for fuch juftice or juftices to commit fuch offender or offenders to pri-
fon, not exceeding thirty days, or until the money fo forfeited fliall be paid, any thing
in the herein before mentioned law to the contrary thereof in any wife notwithftand-
ing.
rub! icaa. ^ jnci ie fa farther enaBed, That this aft fhall be deemed a public aft, and fhall
be held and taken as fuch by all judges, juftices and magiftrates, and in all courts with-
in this province without fpecially pleading the fame, and fhall continue and be in force
for and during the term of fix years, and from thencb to the end of the next feflipn
of the General Affembly,and no longer.
By order of the Commons Houfe of Affembly,
ALEXANDER WYLLY, Speaker.,
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
Council Chamber, March 25, 1765.
Affented to. JAMES WRIGHT.
GAMING.
"An act to prevent gaming and horje racing.
«55
1. IT PI ERE AS the pernicious praftice of gaming is carried to a great length in J5feanlbI(S
V V this ftate, to the great detriment and hurt thereof; to prevent which as
much as may be, and to enhance the fines and penalties to be levied by feveral laws
heretofore made to fupprefs and to prevent fuch gaming, Therefore be it enacted by
the reprefentatives of the freemen of the Jiate of Georgia in AJJembly met, and by
the authority of the fame, That every perfon or perfons liable to penalties and Additioaai for-
forfeitures, as are pointed out in the faid afts, {hall be further fubjeft to be fined in Slug?"for
the following fums: That is to fay, every perfon keeping a billiard table*, with intent
to game or lofe money or other things, the fum of one hundred pounds. All per-
fons licenfed to keep public houfes, or other houfes where liquor is fold, buffering
any game knowingly to be played for money, or other things to be loft or won, by
any perfon or perfons whatever, in the houfe, apartment, ground or enclofure of
the faid perfon or perfons fo keeping public houfes or other houfes, either by cards, Tavern keepers
dice, draughts, fhuffle boards, billiards, {kittles, ninepins, or at and with any other twenty pounds
game or games, or implements of gaming, {hall, for every fuch game fo played as g°amfn™ltuug
aforefaid, forfeit and pay upon conviftion the fum of twenty pounds.
2. And be it enabled by the authority aforefaid, That every perfon or perfons who one-hundred
{hall run, or caufe to be run, any race by any horfe, mare or gelding in this ftate, turTforhS""
for, or by reafon or means of gaming, or of lofing money or other things by the mcmg'
faid race, {hall, for every fuch offence, forfeit and pay the fum of one hundred
pounds.
3. And be it further enabled by the authority aforefaid, That all fines and penalties Klobfle.
heretofore ordered to be levied on the offenders againft the aforefaid afts of Alfem-p?^e<ian<iap"
bly now of force in this ftate, and alfo the fines, penalties and forfeitures direfted
■ by this aft {hall be recovered and appropriated in like manner as is direfted and pointed
out by the faid afts of Aflembly, any thing to the contrary in any wife notwith-
{landing.
4. And be it enabled by the authority aforefaid, That this aft {hall continue and
be in force until the firft day of January, one thoufand feven hundred and fe-
venty-eight, and from thence to the end of the next feflion of Aflembly.
By order of the Houfe of Aflembly.
N. W. JONES, Speaker.
Savannah, June 7, 1777.
■ * Permitted by paying a tax of one hundred dollars. See tax aft of the year 1801.
An act to regulate taverns, and to fupprefs vice and immorality.
lft, 2d and 3d Seftions refpefts the regulation of taverns, repealed by aft of 1791 • Fines and dba-
4. And beit further enabled, That if any tavern-keeper {hall permit or fuffer any 5fficcepc«.
perfon or perfons whatever to gamble or play at cards, dice or billiards * in his or
their tavern, with an intention of winning or lofing money or other property, or any
other houfe to them belonging, he, {he or they fhall be judged incapable of keeping
f Repealed by aft of 1791#
256
IIORSE STEALING.
a tavern; and for every fuch offence fhall forfeit, totheufeof the informer, the fiirti
of five pounds, recoverable with cofts in any court of record in the county wherein
fuch taverns be kept.
f*neifor ?ro" ^n^ ^e it further enaBed, That if any public officer fhall take apfofane oath, he
*eIwearms- fhall forfeit the fum of five fhillings for every fuch offence; And any other perforl
or perfons whatfoever, not being a public officer, for fuch offence fhall forfeit two
fhillings and fixpence; and any perfon convifted in the court of confcience of trading
with flaves without a permit, fhall be liable to pay ten pounds.
By order of the Houfe;
WILLIAM GIBBONS* Speaker.
Augufta, Augufl 14, 17861
Horse stealing
felony, without
Benefit of
Clergy.
Treatment of
persons appre-
nendecL
The duty of
justices therein.
The duty of
the jailor.
Per/sns comA
mitted under
this act not
bailable.
Property of
criminals fob-
kct to jailor's
fees—proceed-
ings therein.
An aB more effectually to punifh perfons guilty of fealing horfes, ajfes or mules.
1. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
13 Georgia in General Ajfembly met, and by the authority of the fame, That if
any perfon or perfons, after the palling of this aft, fhall felonioufly fteal, lead, take
or drive away any horfe, gelding, mare, colt, filly, afs or mule, or be acceffary
thereto, and being thereof duly convifted, fhall be adjudged guilty of felony, fuch
perfon or perfons, convifted as aforefaid, fhall fuffer death without the benefit of
clergy, by being hanged by the neck till he, fhe or they be dead;
2. And be itfirther enaBed, That when any perfon or perfons fhall be charged-
and apprehended for the; offence or offences aforefaid, it fhall be the duty of the jute
tice or juftices before whom he, fhe or they are brought, to take in writing the ex-
amination of fuch prifoner or prifoners* or perfons fo accufed, and alfo the oath or
affirmation of him or thofe who accufe; and if upon fuch examination it fhall ap-»
pear to fuch juflice or juftices* that the prifoner or prifoners accufed are guilty of
the charge or charges alledged againft him, her or them, it fhall be the duty of the
juflice or juftices aforefaid to commit the prifoner or prifoners, or perfons accufed*
to the common jail-of the county where,fuch perfon or perfons have been appre-
hended; and where there fhall be no jail in any county, to the neareft fubftantial jail
in any adjacent county in the ftate; and it fhall be the duty of the keeper or keepers
of fuch jail to receive and detain in clofe confinement, without bail or other enlarge-
ment, fuch perfon or perfons until difcharged or liberated by due courfe of law.
3. Be it enaBed by the authority aforefaid* That this aft 111alI not extend, or be
confirmed to extend* to authorize any judge or judges of the fuperior courts, of
juftices of the inferior courts of this ftate, upon a writ of habeas corpus, or any
other writ whatever, to admit to bail,- difcharge* or otherwife enlarge any perfori
or perfons committed as aforefaid, againft whom oath" has been made, that he, fhe!
or they are guilty-of any of the crimes before recited in this aft.
4. 'And be it further enaBed by the authority aforefaid, That in future it fhall be thd
duty of the juftices of this ftate, and they are hereby feverally required, on iffuing a
warrant to apprehend any perfon or perfons charged with any criminal offence, to
direct the peace officer executing the fame, to make diligent enquiry as to the property
of which any perfon, charged as aforefaid, may be poffeffed at the time he or fhe was
apprehended, and fuch officer is hereby required, within ten days thereafter, toren*
INDIANS.
def an account thereofito the juhice before whom* fucli criminal may be brought,
who is hereby.direfcfeds(in cafe.the prjfoner ismot difcharged) to make a return of fuch
property to the clerk of the fuperior court, at or before the- term when the criminal is
to be tried, which property is hereby made liable, in the firft inftance to the payment
of jailers' fees for dieting the criminal, to whom it may belong as-aforefaid; and if any
juftiCe of peace officer, fhall fail to' perform the duties hereby required, he (hall himfelf
be ftibjeQ: to the payment of the cofts with which fuch criminal may be chargeable as
aforefaid, which may be levied by execution on the property of the juliice or officer
fo.offending, in the fame manner as if. the judgment had been agai nil himfelf.
5. And in all cafes where bail is admitted, the perfon or perfons becoming fecurity Baiomrbei*.
fhall, if required, make it appear to the fatisfadlion of the court, that he, ihe or they, ?y.,redt0iU8te"
are amply fufficient for the fum for which fuch bail is taken.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives
BENJAMIN TALIAFERRO, Prejident 0} the Senate.
GEORGE MATHEWS, Governor.
December 19, 1793. , . . . 0 . :
-4 '• « e '
INDIANS.
An aB tQ prevent private perfons from purchafng lands from the Indians, and for
preventing perfons trading with them zuithout licenfe.
WHEREAS the fafety, welfare and prefervation of this province of Georgia, r««mWc.
doth in great meafure depend on the maintaining a good correfpondence be-
tween his majefty's fubjefls and the feveral nations of Indians in amity with the faid
province : And whereas many inconveniences have arifen, from private perfons
claiming lands, included in the charter granted to the late honorable truftees for eftab-
lifhing the colony of Georgia by his prefent majefty, and fince rein veiled in the crown,
under pre'tence Of certain purchafes made of them from the Indians, which havegiv-
en occafion fordifputes with thofe people ; for remedy whereof, and for preventing
any differences or difputes with the Indians for the future, and alfo for preventing
perfons trading with them without licenfe, Be it enatfed. That from and after the cantraa.fof
fifteenth day of February, one thoufand feven hundred and fifty-eight, if any perfon Indians, unlets
or perfons whofoever fhall attempt to purchafe or contraH for, or caufe to be pur-voManl^he0*
chafed or contradled for, or fhall take or accept of a grant or conveyance of any ForfeiVone^
lands or tra6ls of land from any Indian, or body of Indians, upon any pretence powid*.
whatfoever, (except for the ufe of the crown and that by permiffion for this purpofe,
firft had and obtained from: his majefty, his heirs or fucceffors, or his or their gov*
ernor or commander in chief of the faid province for the time being) every fuch pur-
chafe, contraH, grant and conveyance, lb all be, and is and are hereby declared to be
null and void, to all intents and purpofes whatfoever; and all and every perfon and
perfons fo offending fhall, for every fuch offence, forfeit the fum of one thoufand
pounds fterling money of Great-Britain, the one half thereof to his majefty, * his heirs
and .fuccefforsj for the ufe of the province, and the other half to him or them who
Kk
• To the Hate.-**See ad of 1784,
INDIANS, MURDER v,i.
fhall fue for the fame, by aftion of debt, or information in the general court of this
province, in which no protection, effoign, privilege, or wager of law, or more than pne
emparlance fliall be allowed. *
The remainder of thisaft, regulating trade and intercourfe with the Indians, repeals,
ed by aft of congrefs. , ,
By order of the Commons Houfe of Aflembly.
DAVID MONTAIGUT, Speaker.^ t
By order of the Upper Houfe.
PATRICK HOUSTOUN, Pre/dent.,.
Council Chamber, February 15, 1758;
Affented to.
HENRY ELLIS.
* Same fubjeft treated of by a61 of 1784.
INDIANS, MURDER OF.
An aH declaring, that to murder any free Indian in amity with this province is equally
penal with the murdering of any white p erf on, and that to r if cue a prifoner committed
for fuch offence, is felony.
Preamble. "ITT HERE AS it has been reprefented that fome Indians in amity with this pro-
\ \ vince, have been barbaroufly murdered, to the great fcandal of fociety, and
the danger of involving this province in a bloody and expenfive war; and there
' reafon to believe that feveral ill difpofed perfons have not confidered fuch inhurtfaff
actions in a proper light, but being influenced by the ill grounded prejudices which,
ignorant minds are apt to conceive againft perfons differing in color from thearfi
felves, and unaware of the confequences, have rather looked on thole murders as merk
torious; to difcourage therefore as much as may be fuch unchriftian like and cruel:
Themunkrofpraftices, and to explain and fet forth the great danger thereof, It is-detlared,. Thatt;
itV,'adst"nnaf«' to murder any free Indian, in amity with this-province, is by the law of the land as penal
f«e"huerpefra-to all intents and purpofes whatfoever as to murder any white perfon.
Ttlony to res- 2. And to the end that all perfons may know the confequence of refcuing any pub
foner committed for the murder of any free Indian in amity with this province, It.h
alfo declared, That by the law of the land any perfon refcuing any fuch prifoner ib
committed, is guilty of felony. . . : i
WILEIAM YOUNG,Speaker..
JAMES WRIGHT. N. JONES.
June 20, i774r
INDIAN HUNTING-GROUND.
An aH for the appointment of commijf oners to run the line defignating the Indian KimP~-
ing-ground. ■ _
rwaaibte. '^^THEREAS diforderly perfons, regardlefs of the lives and happinefs of the
good citizens of this ftate, who are fettled on the frontiers, and in open vio-
INDIAN HUNTING-GROUND. iS9
lation of the law, have prefumed to furvey and mark lands beyond the temporary
line between the white inhabitants and the Indians:
And whereas, at the late .treaty with the Creek Indians, it was among other things
Agreed, that commiffioners ffiould be mutually appointed clearly to mark, in every
part, the temporary line defignating the Indian hunting-ground :
1. Be it enaBcdby the reprefentatives of the freemen of the fate of Georgia in Ge-
neral AJfembly met, and by the authority of the fame, That James White, Jofeph Ha-^VbouS/"
berffiam, Arthur Fort, James Armftrong, and Jared Irwin, efqrs. be and they are
ticm'with th^*
hereby appointed in behalf of this ftate, in conjun&ion with the commiffioners on Iroue^omim!"
the part of the Creek nation, without delay to trace and mark, in a plain and con-
fpicuous manner, the temporary boundary line as heretofore eftabliftied, that is to
fay: From the Canokee mountain, in the direction of the prefent temporary line Direction ofthS
from Tugalo River, till the fame ffiall ftrike the head or fource of the main dire6t 5»ut.pomtcd
ftream of the fouth branch of Oconee River, called alfo Appalachee, by which is to
-be underftood the .main fork of Oconee River, next above Little River, to which
{'aid fouth branch aforefaidthe General Affembly, in laying out the counties of Waffi-
ington and Franklin, in one thoufand feven hundred and eighty-four, firft gave the
name of fouth branch of Oconee, thus known and eftabliffied by law, and regarded
as fuch by the good and faithful citizens of this (late; down the faid fouth branch
of Oconee to the mouth of the Oakmulgee, where the fame empties into the Geo-
nee; and from the mouth of the Oakmulgee as aforefaid, in a direct line to the head
or fource of the St. Mary's River. The faid commiffioners, in the execution of this ^.nesor
law, are not to regard any lines, furveys or grants of defigning and diffioneft fpecu- j^e*racr{^ g
lators, made by tortured and-perverfe conftrufiion of the land laws of this ftate, but
are to.govern themfelves by the plain and direft expreffion of this aft, and {hall re-
turn to the executive a lift of the names of all perfons who fhall have furveyed or
marked lands beyond the line herein defcribed, fo far as the fame ffiall come to their
knowledge.
2. And be it further enaBed by the authority aforefaidp That any perfon or perfons
Who ffiall hereafter be guilty of marking, furveying, or attempting to furvey or
tain grants for any lands beyond the temporary line defignating the Indian hunting- [fjAvTfob-
ground, in addition to the pains and penalties provided in the land law of one thou- ^
fand feven hundred and eighty-three, to which they are fubjeff, ffiall be liable tok°hmlS!rbym"
fine and corporeal puniffiment, at the difcretion of the court before which they areSfpunlfSt
convi&ed: Provided, the fame {hall not exceed five hundred, nor be lefs than one hun-fnfnoS1'
dred lafties for the firft offence, and for the fecond offence ffiall be held and adjudged mo!VtKoc>
guilty of felony. The commiffioners herein appointed ffiall, before they enter upon first offence, Sc
the bufinefs of their appointments, take an oath, to be adminiftered by his honor the oSny forty
governor, truly and faithfully to difcharge the duties required of them in this acf. esec°n '
3. And whereas, notwithftanding the moft pofitive laws to the contrary, many
perfons, from defign or accident, have run large quantities of land, and obtained voiSd"""^
grants for the fame, fouthward of the prefent temporary line between the good citi- tfthe^eViides
Zens of this ftate and the Indians, and expeff to hold the fame when a ceffion of faid ^Kaudi784.
land can be obtained: Be it therefore enaBed by the authority aforefaid, That the fur-
veys or grants for fuch land be confidered, and they are hereby declared to be null
and void, and of no effefl whatever; and the perfons who from defign aforefaid have
been guilty of running the faid lands, or any wife concerned therein, are hereby de-
. clared to have incurred all the pains, penalties and forfeitures, mentioned in the land
a&s of one thoufand feven hundred and eighty-three? and one thoufand feven hun*
s6o INDIAN VIOLENCES, PREMIUM ■FOR SUPPRESSION OF.
rtheCSur'xyo°f dred and eighty-four; and. in - all Purveys that may or fhall. hereafrer- be made withiri
rkMuroeHa-' the temporary line of this Hate, the name or names of the Purveyor and chain car-
Surtshcreafter riers ffiall be annexed to each plat.
vvicliin Uic line. 4. And be it further enabled, That the law, dated the thirteenth day of February,
1786 to appoint one thoufand feven hundred and eighty-fix, fo "far as refpefts the appointment of
agents to reside . . 1 • 1 1 1
naUon}InrepTau agents in the Indian nation, be, and the fame is hereby repealed.
otl' By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1787.
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
An abl for fuppr effing the violences of the Indians.
creek Indians 1 • T3 & IT TN ACTED by the reprefentatives of the freemen of the flate of Georgia
out'oPthepro^ -A3 in General Affembly met, and by the authority of the fame, That from and im-
state; lawful to mediately after the palling of this aft, the Creek Indians fhall be confidered as without
them. ^ the proteftion of this Hate, and it fhall be lawful for the government and people of the
fame to put to death or capture the faid Indians wherefoeverthey may be found within the
• limits of this Hate, except fuch tribes of the faid Indians which have not, or fhall not
hereafter commit hofiilities againft the people of this Hate, of which the commanding
officer fhall judge.
Fifteen hun- 2* ^nd be it further enabled, That fifteen hundred men be inlifted as foon as may
?nieiiSd°of! be, to ferve until peace is efiablifhed with the Indians, to be formed into two regfo
fleered. ments, confifling of feven hundred and fifty men each ; each regiment to be divided
into ten companies, and that a colonel, lieutenant colonel and major be appointed to
a regiment, and a captain, two lieutenants, four fergeants, and one drummer and one
fiferto a company, and to aft for the defence of the Hate, and fhall be fubjeft to the
orders of the governor for the time being; and all other their fuperior officers : Fret-
vided, That at the time of inlifiment each man fhall take and fubferibe the following
wcrs'oath. oath : " I, A.. B. acknowledge and folemnly fwear that I have voluntarily inliHed in
the company of the Hate troops of Georgia, to ferve until peace ffiall be efiablifhed
with the Indians, and that I will be faithful to the Hate, and obedient to my officers."
3 Prefcribes rules for the government of the troops. Obfolete.
The governor 4- And whereas from the remote diHance of the refidence of congrefs from this-
^ImenTsof0 Hate, it may fo happen that other and more numerous forces may be neceffary to be
Je'venlfundred raifed before the aid of the Union may arrive, for fuppreffing the violences of the In-
and^fifty men tj-ans . gg ^ therefore enabled by the authority aforefaid, That it fhall and may be law-
ful for his honor the governor in council to raife two regiments of volunteers, to
confifi of feven hundred and fifty men each, and to have officers conformable to the
rules pointed out as aforefaid, which faid officers and men ffiall at all times, when in
aftual fervice, be entitled to the rations herein after efiablifhed, and the officers and
men intended to be embodied as aforefaid fhall be under the following rules and re-
gulations.
5. Thefe rules are obfolete.
6 and 7 Prefcribe rules for the government of the troops. Obfolete;.
■INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF. 261
t 8n And whereas-it may fohappen, that certain perfons have run and furveyed
lands without the limits of the refpefftive counties of this date as eftablifhed by law,
and for which-grants may have been furrepritioufly claimed: Be it enatted, That all lands
without the limits aforefaid are hereby declared to be vacant, any warrant, furvey or dedared^be'
grant to thefcontrary notwithftanding; and that a trafl of land laying and comprehended Served
within a line to be drawn from themoft fouthern dream of the fouth fork of Oconee, of the officers
commonly called the Appalachee, in the neared direction to the head or fource of the andi0ld"-'r"
main dream of Flint River, down the faid river including all the idands of the fame
to the confluence of the Chatahouchee and Flint River, thence eadwardly to the head
or fource of St. Mary's, to the confluence of the rivers Oconee and Oakmulgee,
and thence up the river Oconee to the head or fource of the mod northern dream
of the Appalachee, or fouth fork where this line begins, fhall be referved and at the
ceffation of the hodilities with-the Indians, appropriated to and for the allowances and
bounties of and for the faid officers and troops; and no warrant, furvey or grant,
rffiall be obtained for any part of the lands within the faid referve by any perfon whate-
ver, until fuch hodilities fhall ceafe, and all fuch officers or troops diallhavea prefer-
ence in layitig their bounties within the faid referve. therein
9. And be it alfo enaBed, That the faid bounties fhall not interfere with a certain said bounty
quantity of land in the vicinity of thofe Indian towns which are and fhall continue ferewiVth"
1 r • n i#i • niiii • n • n towns of fjiendr
to be iriendly, which quantity fhall be determined by a future Iegulature. iy Indians.
10. And be it further enaBed by the authority aforefaid, That all the allowances and ®hatp«>p?r-
bounties to the officers, and bounties to the faid troops, fhall be made and allottedtionalK3tted-
in the following proportions: to a colonel, one thoufand two hundred acres: to a
lieutenant colonel, one thoufand one hundred acres; to a major, one thoufand acres;
• to a captain, nine hundred acres; to a fird lieutenant, eight hundred acres; to a fe-
cond lieutenant, feven hundred and fifty acres; non-commiffioned officers, feven hun-
dred,acres; and to privates well armed and accoutred, fix hundred and forty acres:
and any general officer or officers called into the fervice for being
fhall have further allotments made to him or them in the following proportions:
to a major general, one thoufand five hundred acres, and to a brigadier general, one
thoufand four hundred acres: and that the ftaff officers taken from the line, fay bri-
gade majors, adjutants and quarter matters, be allowed in addition two hundred and
fifty acres each for extra fervices; the aids-de-camp to the commander in chief be
allowed the rank and emoluments of a lieutenant colonel: aids-de-camp to major
and brigadier generals be allowed the rank and emoluments of a major; that an ad-
jutant general be appointed by the executive with the rank and emoluments of a Emit Tad1
colonel; and fuch allowances and bounties fhall be made in good faith to the differ-
with bounty, *
ent officers and foldiers as foon as may be after the ceffation of hoftilities and refto-
ration of peace.
11. And be it enacted by the authority aforefaid^ That it fhall and may be lawful pfso^mor,
for his honor the governor, with the advice of the executive council for the time ^nTndlrank-d
being, to enter into fuch engagements with the people in Franklin as may be conli- kketount'lei1
dered neceffary for fupp re fling the faid hottilitiesof the Indians, and to engage on Temwww!0*
the part of the ftate, that for all the officers and privates that fhall be a&ually enga-
gecl in the accomplifhing the above purpofe, the fame bounties fhall be made and gi-
ven, as are herein before direfled by this a£l, to the officers and troops to be raifed for
this ftate; alfo an additional bounty of fifty acres on every one hundred acres, in
lieu of rations, and all other claims againft the ftate, out of and upon the trafl of
country commonly called the bent of Tenneffee, within this ftate: Provided5 That
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
the number do not exceed fifteen hundred in addition to thofe already empowered to
be railed upon this aft: And provided alfo, That the right of pre-emption on all fur-
veys heretofore made by the authority of this ftate, fhall be firfi fet apart,
one tnspeftor And be it further enabled, That an infpeftor general, with the rank andemo-
fh"rankTpav, luments of a colonel, {hall be appointed.-—That part of this feftion which prefcribes
Anil commissa* the duty of the infpeftor general, obfolete. And a commiffary of iffues, with the
tiiew^railk!rank and emoluments of colonel, fhall alfo be appointed. The remainder, point-
&c' , ing out the duty of the commiffary, obfolete.
Adireaorgen- 13. And be it alfo enabled, That a direftor general in the medical department, with
saaierank,&c. the pay and emoluments of a colonel, fhall be appointed, who fhall have power to
nominate and recommend the furgical affiftance neceflary in this department, and
who Ihall report the number to the executive for their approbation of that body.
He fhall keep a fair and correct regifter to be made up the laft day in each month, in
which he {hall enter the name of each perfon to whom medical or furgical affiftance
may be adminiftered, together with the company and regiment to which he belongs,
His asvstants ^ eac^ as fre approved as aforefaid, fhall have the pay and emoluments
nniapayheic a lieutenant colonel, and each fhall make monthly returns of all official tranfac-
coionci?n*nt tions in his department to the infpeftor general.
14, 15. Obfolete—Pointing out the command of officers and protection of friendly
traders.
The governor 16. And be it further enabled, That his honor the governor, with the advice of
troop of cavai-the executive council, fhall make fuch arrangement of the forces to beraifed, as may
admit of corps of artillery and cavalry, where fuch officers and men fhall find hor*
fes without charge to the ftate, artillery and horfes for the fame excepted.
17. And be it further enacted by the authority aforefaid, That no ftate foldier be al-
idlers not en- / ' r r . . . ^ . i7 7 r 1 1 1 •
tlawhodonot l°wed a bounty as aforefaid, who does not rendezvous at fuch place as the executive
medwd°equip-may aPP°int, completely armed and accoutred, on or before the firft day of Febru-
Dcartersnot ary next : And provided always, That no perfon deemed a deferter fhall be entitled
bounty'!t0 to any bounty named in this aft. And that this aft fhall be and continue in force for
jfcrpcSasfarthe government of the faid troops, until a peace with the Indians is eftablifhed and
bouS!615 ratified by the legiflature of this ftate, and fo far as the fame refpefts bounties fhall be
(landing and perpetual.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta5 Qftober 31, 1787*
An aft to amend and repeal certain parts or claufes of an aft, entitled u An aft for
fuppr effing the violences of the Indians" paJ]cd the -thirty-firjl day of Oftober, one
thoufand feven hundred q,nd eighty-fever*
1 Relates to clothing furnifhed the troops. Obfolete.
2. And be it further enafted, That the time for in lifting the ftate foldiers be pro*
*T for Inlist-
ing,prolonged longed, from the firft day of February next, to the thirtieth day of March next, any
thing in the afore recited aft notwithftanding.
Persons fur- 3. And whereas it will tend to fill up the regiments intended to be raifed, and eafe
the citizens of this ftate, to fuffer perfons-liable to military fervice under the militia law5'
tof.milItm to iniift fubftitutes : Be it further enafted, That any fuch three perfons liable as afore-;
faid, who will furnifh an able bodied recruit, to ferve during the war, well armed and
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
263
accoutred as aforefaid, fach as (hall be approved of by the infpeftor general, fnall be
exempt from all militia duty during the prefent war with the Indians, any thing in
the militia aft to the contrary hereof in any wife notwithftanding : And the faid re-
cruits fhall be allowed a bounty of land in like manner as the hate troops, and be-
come a padt thereof, after being delivered up to fome officer belonging to the faid
regiments j and that thofe foldiers received as fubllitutes in the volunteer regiments,
be annexed to the ftate troops. The remainder of this aft is obfolete.
By order of the Houfe.
N. BROWNSON, Speaker
February 1, 1788.
An abtfor making compenfation to the troops in the fervice of this ftate % for difcharging
the faid troops, and for collebling and fecuring the public arms.
1, T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate
Georgia in General Affembly met and by the authority of the fame, That the asSernmtu!7
pay of the officers and foldiers in the fervice of the ftate, fhall be the fame as the mi-
litia when in aftual fervice, and that the auditor be directed to liquidate their refpeft- J^Autcthe^9
ive claims, upon proper vouchers being produced ; and fhall grant each officer and VeAia.
foldier a certificate for the amount of pay due to them, which faid certificates fhall becatc5-
received at the treafury, as other audited certificates are.
2. And to the intent, that no officer or foldier who is not aftually in the fervice a genera! raus-
of the ftate at this prefent time, fhall receive pay, Be it enabled, That there fhall be a
general mufter of the faid regiment at the town of Wafhington, within three months TthIrpbomfty
from the palling of this aft, and that 110 officer or foldier fhall be entitled to receiveaKd p^-
liis pay, unlefs'he makes his appearance at the faid mufter, or fends a fufficient ex-
c'ufe on oath or affirmation, that he has been prevented from attending, by ficknefs, or
fome other unavoidable calamity. Provided That no man who is now returned a de-
ferter, fhall be entitled to pay, nor any perfon who has ferved as a fubftitute.
3. And be it further enabled, That on the day of general mufter as aforefaid, the poTTeuhTs
troops fhall depofihtheir arms in the public ftorehoufe, and the ftore keeper fhall im- ffikhTT1'"
mediately forward a certificate, of-the number of arms with the names of the privates
-depofiting the fame, to the auditor, and that no private foldier fhall be entitled to re-
ceive pay for any time previous to the date of his captain's commiffion ; and the cap-
tains, or commanding officers of the refpeftive companies, are hereby required to feTurnof
make a return of the number of men in their refpeftive companies, with the dates of onTth.oimeri
their inliftment-, which fhall be fworn to before the auditor in the words following:
44 I, A. B. captain or commanding officer of company of the ftate troops, do The0at-Jl'
folemnly fwear, that the return I now give in, is a juft and true return of all the non-
commiffioned officers and foldiers in my company, with the dates of their inliftments,
in which I have diftinguiffied between thofe who have been received, or ferved as fubfti-
tutes from thofe who were not, and that I have not returned a man whohas been abfent
more than thirty days without leave, at any one time, from the regiment of ftate troops,
all which I declare without any equivocation, or mental refervation whatever. So help
me God," which faid oath the auditor is hereby empowered and required to'adminif-
ter to- the captains or commanding officers of faid companies refpeftivelyg and be-
264 INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OP.
fore the auditor proceeds to give any non-commiflioned officer or private foldier a
ce,tificate, ftich non-commiflioned officer or private fliall take an oath, that the date
•ainc. of his inliftment returned by his captain or commanding officer is jufl and true, and
that he has never been abfen-t more than thirty days without leave, at any one time,
from the fervice of the flate, and that he has not been a fubftitute. Provided, That
nothing herein contained fliall extend to debar the fubftitutes in the faid regiment from
receiving the bounty in land engaged to them by " An a6t to amend and repeal cer-
tain parts of an ath for fupprefling the violences of the Indians," paffed the ftrft day
of February one thoufand feven hundred and eighty-eight.
Substitutes to 4- And be it further enacted, That the faid troops fhall be allowed the fame bounty
""Sfiand?" of land as is pointed out to them refpe&ively, in " An a£l for fupprefling the vio-
vecei'vcpay or leiices of the Indians." Provided neverthelefs, That all officers and foldiers who hav6
been intruded with any fpecies of public property, fliall be accountable for the fame,
fa'frpubiuf and fliall not be entitled to receive either his pay or bounty as aforefaid, until he fhau
themreceived. return the arms fo received by him or them ; and a receipt or acquittance for fuctr
public property be produced to the auditor.
Representatives 5. And be it further enaBed, That in cafe of the death of any of the foldiers, then,
persons, end- the captain or commanding officer of the company, fliall give a certificate of the fame
pa?arhVoun- to the legal reprefentative of fucli perfon, who fliall be entitled to his pay and other
ty* emoluments, on producing the fame to the auditor.
The governor Be ^ aV° ena^e^ by the authority aforefaid, That from and after the paffing of
HiFtroopsa&c. '■bis aft the governor fliall have full power to difcharge the faid troops, and take fuch
further order as he may deem neceffary to fecurethe public property, which may be
forth coming; and that he alfobe dire&ed and required to caufe the commanding
officers of the different brigades of militia within this flate, to have immediate returns
made from each brigade, of the perfons exempted from militia duty therein, under the
law authorizing the inliftment of fubftitutes, together with a copy of the certificates
given to the individuals claiming fuch exemption ; and that the infpeblor general be
alfo required to make a return of the fubftitutes actually received, and that have been
in fervice.
SEABORN JONES, Speaker of the Houfe of Reprefentatives,,
NATHAN BROWNSON, Prefident oj the Senate,
EDWARD TELFAIR, Governor.
December 24, 1789.
An aft for appropriating a part of the unlocated territory of this Jlate for payment of
the late fate troops, and for other purpofes therein mentioned.
1. T> E IT ENACTED by the Senate and Boufe of Reprefentatives of the fate of
Land«,h#wto J3 Georgia in General AJfembly met, and it 'is hereby enaBed by the authority of
the fame, That on the expiration of two months after the Indian claims fliall be ex*
tinguifhed to the territory herein after defcribed, it fliall be lawful for any perfon or
perfons to obtain a warrant of furvey from his excellency the governor for the. time
being, under the regulations and reftriftions herein after mentioned, that is to fay
©omratoionar There fliall be a commiflioner of locations, appointed by the legiflature, in each
•fioutim*. county within this flate, whofe duty it fliall be to keep a fair book of entries3 in th$
. i„jiAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
fbrtn to be prefcribed by the fecretary of the ftate and the furveyor general, and to
receive applications for warrants in terms of this aft; but previoufly to making
any entry therein, fuch commiffioner of locations fhall require a certificate of two
or more freeholders, together with the oath or affirmation of the perfon applying,
taken beforip him in writing, fetting forth the number and defcription of his family
entitled to head rights, and that they do intend to fettle the lands applied for agreeably
to the tenor of this aft; which oath or affirmation the faid commiffioners are feve-
rally authorized and required to adminifter: a copy of which entry, together with
the certificate and affidavit aforefaid, fhall be tranfmitted, under the hand and feal
of fuch commiffioner, to his excellency the governor, whoffiall thereupon iffue his
warrant to the perfon making the entry as aforefaid, or to his, her or their legal re-
prefentatives, under a proper check, direfted to all and fingular the furveyors to be
appointed under this aft. And the faid commiffioners of locations fhall be, and
they are hereby entitled to demand and receive of the perfons applying for and ob-
taining entries as aforefaid, the fum of half a dollar for every entry fo made by him.
And fuch commiffioners of locations fhall, before they enter upon the duties of their
office, be refpeftively fworn before one or more of the juftices of the inferior court
of the county in which they fhall refide, and enter into bond, with fufficient fecuri-
ty, in the fum of one thoufand pounds each, payable to his excellency the govern-
or and his fucceffors, for the due and faithful performance of the duties required of
them by this aft, which bonds fhall be taken by the clerks of the inferior courts of
the feveral counties, and be by them tranfmitted to the executive. And his excel-
lency the governor fhall be entitled to receive on every warrant iffued by him, the
fum of half a dollar,* and his fecretaries half a dollar; and all grants iffued in pur-
fuance of this aft fhall be free from ftate fees.
2. And be it further enabled, That all fuch warrants may be located to any part or
parcel of land fouth of the Oconee, and within the boundary line defcribed in andaretobemadc'
by an aft paffed and dated at Augufla, on the thirty-firlt of Oftober, in the year of
our Lord one thoufand feven hundred and eighty-feven, entitled " An aft for fup-
preffing the violences of the Indians:" and after fuch warrant is obtained, it fhall be
the duty of either of the furveyors of the diflrifts herein after mentioned, or their
deputies, to furvey the fame in the order .in which fuch warrants may be delivered to
them, and in the manner following, to wit: The faid furveyors fhall make two fair nations for
plats of all furveys made by them, the fcale whereof to be inferted in fuch plats, and
fhall plainly and diftinftly defignate thereon the beginning, angles, diftances, marks
and water-courfes, and other remarkable places croffed or touched, or near to the
lines of fuch lands, and alfo the quantity of acres, and fhall tranfmit fuch plats to
the furveyor general's office, together with the warrant or order of furvey, one of
which with the warrant fhall be filed by the furveyor general, and the other annexed
to the grant. And no furvey fhall be made without chain carriers, who fhall aftu-
ally meafure the land furveyed, and fhall be paid by the party for whom the furvey
fhall be made; and fuch chain carriers fhall be firfl fworn to meafure juftly andtru-
ly, and to deliver a true account thereof to the furveyor, which oath every furveyor
is hereby empowered and required to adminifter. And every furvey fhall be bound-
•ed by natural boundaries or right lines, and fhall be an exaft fquare, unlefs where
-fuch lines interfere with lands already granted or furveyed, or unlefs where any fur-
* Annulled by the conftitution. See ift fe&ion of 2d article.
266 INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
vey {hall be made on any river or water courfe above the width of fifty feet, in which
laft cafe the water fhall form one fide of the farvey, and the breadth on fuch water
{hall not be more than one half of the diftance back from the water; and the lines of
every furvey fhall be plainly and diftinBly marked, leaving no part thereof open;
and there lhall be one or more ftation trees plainly marked with a blaze and three
chops in every line, except where it is rendered impraBicable by fwamps or water-
wandsinnaTi-courfes: Provided neverthelefs, That nothing herein contained fhall be conftrued to
may be survey- extend to prevent any perfon from obtaining a furvey of any ifland or iflands in the
cdaud8ranted'navigable waters, the quantity of which fhall not exceed what is allowed by this aB
]owedriBhtsal to contained in one furvey: Provided alfo, That no perfon or perfons fhall be al-
lowed to obtain a warrant for more than three hundred acres for his or their head
right, and fifty acres for his wife, and fifty acres for every free-born child, he or they,
may have under the age of fixteen; and all unmarried perfons from that age arid up-
proviso. wards, {hall be entitled to a warrant of three hundred acres: And provided alfo, any
perfon or perfons obtaining fuch warrant, and making fuch furvey, the furveyor ma-
surveystobe king the fame fhall, within two months thereafter, advertife the fame in two or more
»vcnse. pUb|jc places adjoining fuch diftriB, and alfo in one of the gazettes in the town of
Augufta, at leaft three months before the fame {hall be fent to the furveyor general's
office, in order to obtain a grant.
Warrants to be 3. And be it further enaBed, That the officers and foldiers of the late ftate troops,
d'ntMe'troo0? and their reprelentatives, lhall be, and they are hereby entitled to receive a warrant
unies# from his excellency the governor, in like manner with the citizens aforefaid, on pro-
ducing the genuine original bounty warrant iffued under and by virtue of the afore-
faid aB, for fuch quantity as is therein exprefled ; and the faid furveyors to be ap-
pointed as aforefaid, fhall not locate or furvey any lands in the faid diftriBs under any
other warrantor warrants whatever, than thofe iffued agreeably to the direBions of
this aB.
ve* Ifundred" 4* it farther enaBed, That every perfon or perfons making fuch furveyor
taiin"twelve* furveys? within twelve months fettle in faid diftriB, and cultivate at leaft one
moHths. acre for every hundred acres he may fo locate, and that no one perfon fhall obtain
a warrant in his own name, for any larger quantity than is herein before fpecified.
settlers exempt 5. And be it further enaBed, That for the encouragement of perfons defirous of
four*year" fettling on the faid lands, and to extend the limits and increafe the population of this"
ftate; the faid diftriB or county fhall be exempt from taxes for the fpace of four
years from and after this aB fhall take effeB; and no perfon or perfons fhall be bound
to pay for fuch land more than the ufual and cuftomary office fees.
weyorstOd 6. And be it further enacted, That the furveyors to be appointed by this aB,
^c™tyaadbe for the faithful performance of their duty, {hall each and every of them give bond
and fufficient fecurity to his excellency the governor for the time being, in the fum of
three thoufand pounds, and {hall take and fubferibe the oath ufually adminiftered to
furveyors. Any perfon or perfons, or furveyor, who fhall prefume to furvey land
in the faid diftriB, not duly authorized, each and every fuch perfon or perfons, fhall
for every furvey made, forfeit and pay the fym of ten {hillings for every acre fo fur-
veyed, one half to the informer, and the other half to, and for the ufe and benefit of
this ftate, which fum {hall be profecuted for, by the department of the attorney gene-
ral, on the information of any perfon, and all fuch furveys {hall be and they are here-
by declared to be null and void,
niecaisurvej 7* whereas many perfons have furveyed lands contrary to the laws and wel-
*ecWv«id. yare thjs ^ate . ge enafte^ That all fuch furvey or furveys, and the grants fouu-
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
267
(fed thereon, be, and the fame and each and every of them, are hereby declared to be
null and void.
8. And be, it further enacted, That the ftim of twenty thoufand dollars be, and theTwentrt!l0l...
fame is hereby appropriated for the purpofe of extinguilhing the Indian claims tOproJSwo"
fuch territory, (fhould any there be.) And the fenators and reprefentatives of this dfailnfiainis,.r'"
Hate in the congrefs of the United States are required to apply, without lofs of time Application»
for a treaty to be held, with fuch tribes or nations of Indians who may claim the ho?HTuea°y.
right .of foil to fuch lands; and this law fliall begin to operate within two months af-
ter the extinguifhmcrit of fuch claim or claims.
: 9. And be it further enabled, That three commiffioners be appointed to attend any commissioner*
treaty to be held under the authority of the United St ates for the purpofe of ex tin -
guifhing the Indian claims to the territory aforefaid, who fhall be entitled to receive tanes.
fix dollars per day each, as a compenfation for their fervices, and they fhall be al-
lowed afecretary, who fhall receive three dollars per day for his fervices.
10. And whereas the Indian claims to thattraft of country, called and known by the Tamsec county
name of Tallifee, lying between the rivers Alatamaha and St. Mary's, were extinguifh- ^SAme ma**
ed by commiffioners appointed by the legiflature of thisftate, in October one thoufand
feven hundred and eighty-five, by treaty. Be it therefore enabled, That all that traft
of country known by the name of Tallifee, be, and the fame is hereby annexed, and
fet a part for location in the fame manner, and under the fame rules and regulations,
as the lands defcribed in this a6t, any law to the contrary notwithftanding. Provided,
That nojocation on the lands herein defcribed, fhall take place, until the affent of the
general government fhall be firft obtained".
11. And be it further enaBed, That the territory lying between the rivers Oconee,
the branch thereof called the Appalachee, and the Oakmulgee, fhall be laid off into
five diftrifts, in the manner following, viz'. All that part from the confluence of the
Oconee and Oakmulgee, rivers, up to a line to be run direftly from Carr's bluff on
the Oconee, to the place where the Cuffeta path croffes the Oakmulgee River, fhall
form the firft diftrift: All that part lnying between the faid line, and a parallel line, to virst distri^.
be run direftly from the mouth of Shoulderbone to 1 the Oakmulgee River, fhall
form the fecond diftrift : All that part lying between the faid laft mentioned line, second,
and a parallel line to be run from the mouth of Jack's Creek on the Appalachee
River, to where the fame fhall interfeft the northernmofl or main branch of the Oak-
mulgee River, fhall form the third diftrift : All that part lying between the north and nurd,
fouth branches of the Oakmulgee River, that is to fay; from the fork thereof, up
the faid northern or main branch of the faid Oakmulgee, to the place where the Bloo-
dy Trail croffes the fame, thence a due weft courfe to the Chatahouchee River;
thence down the faid river to a point on the fame, from which a due eaft line fhall
,ftrike the head or fource of the main fouthernmoft branch of the faid Oakmulgee;
thence down the fame to the place of beginning, fhall form the fourth diftrift. And70^*
all the remaining part of the faid territory, fhall form the fifth diftrift. Fifth.
12. And be it further enaBed, That all the diftrift of territory called Tallifee, fhall another dis-
form one other diftrift; and that a furveyor fhall be appointed by the legiflature for £saurv$^
each and every of the diftrifts above mentioned, who fhall give bond and approved
fecurity to his excellency the governor, in the fum of three thoufand pounds each, for jitylnthree""1*
the faithful and impartial performance of their duty, agreeably to the principles of £,°Sd
this aft; and no furveyor fhall be at liberty to employ any perfonas a deputy in either S'ncdbyc
of the faid diftrifts, until he fhall have palled the examination of the furveyor general. JSKdV
and be approved by the governor, nor fhall any furveyor retain in his fervice lllOre governor^
ll
*68 INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
than two deputies, and each furveypr fhall be refponfible for the condu£l of his depu-
ties.
a piat of eath 13» And be it further enabled, That it fhall be the duty of the furveyors to be ap-
firsVrecorded pointed under thisaU, to afcertain the quantity of land contained in their refpe&ive
SnSVfficeli diftrifts as nearly as may be, to make a fair plan or plat thereof, marking the feveral
water courfes and remarkable places contained therein, and to return the fame to the
furveyor general's office, which fhall be there entered of record, before any furvey
fhall be made for any perfon or perfons whatfoever.
And certain 14. And be it further enabled. That his excellency the governor (hall, previoufly to
for public 2L his iffuing any warrant of furvey to the citizens of this ftate, or any other perfons
whatfoever, caufe three thoufand acres of land to be laid off on the fouth fide of the
Alatamaha River, on the bluff lying neareft to the confluence of the Oconee
and Oakmulgee rivers; two thoufand acres on the fouth fide of the Oconee River,
on the moff advantageous bluff near the Rock Landing, together with one thoufand .
acres in addition to the foregoing, in each of the diftritls contemplated by this a£t,
in the moft advantageous parts of the faid diftricls, for public ufes; and the plats of
fuch furveys fhall be recorded in the furveyor general's office, and from thencefor-,
ward fhall be completely held and veiled in his excellency the governor for the time
being, in truft to and for the ufe of the public.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BEN JAMIM TALIAFERRO, Prefident of the. Senate.
Concurred December 28, 1794.
GEORGE MATHEWS, Governor,
An abl to provide a fund in aid of the abl of the lajl feffion of the legiflature, entitled
6i An abt for appropriating a part of the unlocated territory of this fate, for the
payment of the late fate troops, and for other purpofes therein mentioned."
Preamble \y^^HEREAS the executive'authority of the United States has authorized atrea- ,
V V ty to be held for the extinguishment of the Indian claims to certain lands
within the limits of the ftate of Georgia, agreeably to the a6I of the laft legiftature,
entitled " An a£f for appropriating a part of the unlocated territory of this ftate, for
the payment of the late ftate troops, and for other purpofes therein mentioned
which treaty the ftate is defirous of furthering to the utmoft of her power and ability:
Additional ap- i. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate of
SSEln°" Georgia in General AJfembly met, That the fum of fifteen thoufand fix hundred and
fifty-lix dollars and nineteen cents, of the flock of the United States, the property
of this ftate, and funded in the name of George Jones, together with the intereft due
or to grow due on the fix and three per cent, proportions of the faid flock, be, and
the fame is and are hereby appropriated in aid of the fum of twenty thoufand dollars;
appropriated by the afore recited a61, entitled " An a£I for appropriating a part of
the unlocated territory of this ftate for the payment of the late ftate troops, and for
other purpofes therein mentioned," for carrying a treaty with the Creek Indians into'
execution, and for extinguifhing the faid Indian rights to the territory in the faid a6l
mentioned and contemplated to be extinguilhed; and his excellency is hereby empow-
ered to caufe the fame to be affigned and fet over on the books of the treafury, or
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
on the books of the commiffioners of loans of the United States for this ft ale, for
this fpecial purpofe and no other. And in order that no difficulty may arife from
deficiencies of' appropriation for the deferable objeH of carrying into execution the
faid treaty,the extinguilhment of the Indian rights under it:
2. Be it ftirther enabled, That his excellency the governor, in cafe he fhall deem
the fame neceffarv, fhall be, and he is hereby empowered to caufe fo much confif-
cated property which may have reverted to the ftate, or which may have remained
yet unfold, to be difpofed of at his option, either at public or private fale, as may Lrs-
appear to him moft advantageous to the (late, as will raifethefum of ten thou land
dollars cafh, and which fum is hereby appropriated for that fpecial purpofe and no
other, any thing in any former law to the contrary notwithftanding.
3. And be it further enabled, That fo foon as and immediately after the extinguish- R^Jcd!
ment of the Indian claims as afore mentioned to the lands contemplated to be ob ind^daimf
tained under the treaty, fhall have taken place, the further operation of the faid acf, ^extl!!£UiSh"
entitled 44 An aft for appropriating a part of the unlocated territory of this ftate, for
the payment of the late ftate troops, and other purpofes therein mentioned," fhall
ceafe and ftand fufpended until the meeting of the General Affembly, which his ex-
cellericy the governor is hereby required to convene fo foon as die treaty fhall be ra-
tified by the Senate of the United States, and for twenty days thereafter.
4. And be it further enabled, That no furvev fhall be made, or grant fhall iffuefoi KcoiSSs.1
any land fo extinguifhed, until the fame fhall be laid oft' into coundes, agreeably to
the conftitution.
5. And be it further enabled, That three difcreet and proper perfons fhall be ap-
pointed by joint* ballot of both branches of the General Affembly, as commiffioners
on the part Gf this ftate, to attend the faid treaty; and all appointments of commif-
Tioners or furveyors heretofore made under and by virtue of the act aforefaid, are
hereby declared null and void.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives»
BENJAMIN TALIAFERRO, Prefident of the Senate..
Concurred February 12, 1796.
JARED IRWIN, Governor.
An abl to repeal an abl, entitled 44 An abl allowing further time to the officers and fol-
diers of the late Jlate troops, who have received no compenfation for theirfervices,
to make their claims, and have them liquidated by the auditor," paffed the feventeenth
day of September, one thoufand feuen hundred and ninety-two.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the f ate of
13 Georgia in General Affembly met, and by the authority of the fame, That the flbfifpg
aft entitled 44 An abl allowing further time to the officers and foldiers of the late ftate Sfd?®cteoqs*nd
troops, who have received no compenfation for their fervices, to make their claims, ^SrcpS!
and have them liquidated by the auditor," paffed the feventeenth day of September,ed*
-one thoufand feven hundred and ninety-two, be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprejfntativcs.
DAVID EMANUEL, Prefident of the Senate.
Affented to December 6, 1799.
JAMES JACKSON, Governor,
270
INTEREST OF MONEY,
An aB for reducing the inter efl of money in this province.
preamble. "\\ J HERE A S the high rate of intereft in this province of Georgia, is a great dif-
V V couragemcnt to planters and others from improving their landed eflates there-
in, by reafon that the profits arifing from fuch improvements do not equal the fum
paid for money fo laid out and employed; And whereas, many planters and others,
by failure of crops and other misfortunes, do become unav oidably indebted, and are
therefore made chargeable with the faid high rate of intereft, to the detriment of the
faid planters, and others, and to the great hinderance of the improvement and fettlement
of the faid province: for remedy whereof, and for preventing the like mischief for
the future: Be it enaBed, That no perfon or perfons whatfoever, from and after the
tw7enty-ninth day of March, in the year of our Lord one thoufand feven hundred and
fifty-nine, upon any contraft that fhall be made from and after the faid twenty-ninth
interest of mo - ^ay of March, fhall take diredlly or indire&ly, for loan of any monies, wares, mer-
ther°thfng to chandize, or other commodities whatfoever, above the value of eight pounds for the
clnt!8ptranr- forbearance of one hundred pounds for a year, and fo after that rate for a greater or
nuRl' leffer fum, or for a longer or fhorter time, and that all bonds, contrails, and affur-
ances whatfoever made after the time aforefaid, for the payment of any principal or
Bonds, not« & money, to be lent covenanted, to be performed upon, or for any ufury, whereupon
peawVfntlrestor whereby there fhall be referved or taken above the rate of eight pounds in the
cd, declared hundred as aforefaid, fhall be utterly void ; and that all and every perfon or perfons
V01d' whomfoever, who fhall after the time aforefaid, upon any contrail to be made after
the faid twenty-ninth day of March, take, accept, and receive, by way or means of any
king^ny^ovf- corrupt bargain, loan, exchange, chevifance, fhift, or interefl of any wares, merchant
toevad^thls* dize, or other thing or things whatfoever ; or by any deceitful way or means, or by
feu nebiefothC any covin, engine, or deceitful conveyance for the forbearing or giving day of pay-
value' ment for one whole year of, and for their money or other thing, above the fum of
eight pounds, for the forbearing of one hundred pounds, for a year, and fo after that
rate for a greater or leffer fum, or for a longer or fhorter term, fhall, forfeit and lofe
for every fuch offence, the treble value of the monies, wares, merchandizes and oth-
er things fo lent, bargained, exchanged, or fhifted, any law, ufage or cuftora to ,the
contrary thereof, in any wife notwithflanding. ~ '
DAVID MONTAIGUT, SpeafeK
By order of the Upper Houfe.
PATRICK HOUSTOUN, Prefident.
Affented to March 27, 1759.
HENRY ELLIS.
INDIGO WEED, AN ACT TO BURY.
And aB to oblige the planters of indigo, after feeping the weed, to bury or dejlroy it with-
in a limited time.
preamble; l. 7HEREAS it has been reprefented by feveral perfons concerned in planting
V V and making indigo, that many pernicious effeCls arife from the number of
flies which are engendered by leaving the weed, after having been fleeped, to rot:
above ground ; Be it further enaBed, That immediately from and after the pafitng
JUDICIARY SYSTEM.
271
of this aft, all perfons who may be concerned in the planting and making of indigo, Inillg0 ^ t0
(hall after the weed has been fteeped and taken out of any vat or vats, caufe the fame
to be buried at lead two inches under the furface of the earth, or other wife effeftually ingTteeS?8"
deftroyed. within forty-eight hours after fuch weed (hall be taken out of any vat or
vats as afogefajd.
2. And be it further enabled by the authority aforefaid, That if any perfon or per- under a pena>
fons planting or making indigo, (hall negleft to caufe the weed, after being Iteeped, to poundf^
be buried orotherwife effectually deftroyed, within forty-eight hours after the fame has
been taken out of any vat pr vats as aforefaid, fuch perfon or perfons fo offending
fhall forfeit and pay for every fuch offence, the fum of five pounds fterling, to be
recovered as directed by an aft entitled " An aft for the moreeafy and fpeedy recov-
ery of fmall debts, and damages and fuch afts of affembly and parts of afts of af-
fembly'as have been made to explain and enlarge fuch aft.
3. And be it further enaBed, That one half of fuch forfeiture fhall be paid to the e
perfon or perfons who fhall fueforthe fame, and the remaining half to the poor of poor.
the parifli where any fuch offence fhall be committed.
4. And be it further enaBed by the authority aforefaid, That this aft fhall be and con- Continuation
tinue in force'for two years from the paffing thereof, and from thence to the end of theof tmsatu
then next feffion of the General Affembly and no longer.
WILLIAM YOUNG, Speaker.
JAMES HABERSHAM, Prejiient.
JAMES WRIGHT.
March 12, 1774.
JUDICIARY SYSTEM.
An aB to revife and amend the judiciary fyfiem of this fate.
1. "OE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate £/*^fhtrheee^d|reisr
J3 Georgia in General Affembly met, and by the authority of the fame, That there "urts.
fhall be three judges of the fuperior courts in this ftate, which judges fhall, before
they enter on the duties of their office, take the following oath or affirmation, either
before the governor or commiffioners by him appointed for that purpofe, to wit: " I Their oa«>.
do folemnly fwearor affirm, that I will adminifter juftice without refpeft to perfons,
and do equal right to the poor and to the rich; and that I will faithfully and impar-
tially difcharge and perform all the duties incumbent on me, as a judge of the fupe-
rior courts of this ftate, according to the beft of my abilities and underftanding,
and agreeable to the laws and conftitution of this ftate, and the conftitution of the
United States. So help me God."
2. And be it further enaBed, That the ftate fhall be divided into three circuits, in the Division of the
following manner, to wit: The counties of Camden, Glynn, M'Intofh, Liberty,nutrias, re
Bryan, Chatham, Effingham and Bullock, fhall form the eaftern circuit: the counties
of Scriven, Burke, Montgomery, Wafhington, Warren, Richmond, Columbia and
jefferfon, fhall form the middle circuit ; and the counties of Greene, Jackfon, Frank-
lin, Hancock, Oglethorpe,: Elbert, Wilkes and Lincoln, fhall form the weftern
circuit.
JUDICIARY SYSTEM.
tv mm to 3. And be it further enable d, That the faid judges {hall prefide in each circuit alter-
a tira.itc, natcj y, . ft, tjiat no two terms be held by the fame judge in the fame circuit fucceffively.
4- ^nc' kc fl'7^ier enabled, That the judges of the fuperior courts, or one of
them fhall hold the laid courts in each county twice in every year, at the refpefctive
times, and in manner following, to wit:
IN THE EASTERN CIRCUIT.
Time, for bc1<!- On the firfi. days of March and September in each year, in the county of Glynn;
theeast£rad" on the feventh days of March and September, in Camden; on the fourteenth days
of March and September, in M'Intoih; on the twenty-fidl of March and Septem-
ber, in Liberty; on the thirtieth of March and September, in Bryan; on the fourth
of April and Ociober, in Chatham; on the ninth of May and twent)-fourth of Oc-
tober, in Effingham; oil the fixteenth of May and thirty-firfl of October, in Bullock.
IN THE MIDDLE CIRCUIT,
the middle. On the firfl day of March and September, in the county of Burke; on the four-
teenth of March and September, in Scriven; on the twenty-fecond of March and
September, in Montgomery; on the twenty-eighth of March and September, in
Wafhington; on the eleventh of April and Odober, in Jefferfon; on the fixteenth
of May and feventeenth of Odober, in Warren; on the twenty-third of May and
November, in Richmond: on the fifteenth of June and twelfth of December, in
Columbia.
IN THE WESTERN CIRCUIT.
Ana in the . On the firfl of March and September, in Hancock; on the fourteenth of March
tmd September, in Greene; on the twenty-eighth of March and September, m Ogle-
thorpe; on the fourth of April and Odober, in Jackfon; on the eleventh of April
and Odober, in Franklin; on the eighteenth of April and Odober, in Elbert; on
the twentieth of May and November, in Wilkes; on the firfl of June and Decern-
Proviso. ber, in Lincoln. Provided, That in cafe any of the aforefaid court-days fhall hap-
pen on Sunday, then and in that cafe, fuch court fhall commence on the next day
thereafter.
neyKand soHcu 5* Anii be it further enabled, That the judges, attorney general and folicitors, fhall
mceffnnuany meet annually at Louifville on the tenth day of July,* for the purpofe of forming
Jnthetenth of rules for the government of the fuperior court, determining on fuch points of law
juiy,&c. as may ke reserved for argument, and may require an uniform decifion, and for gi-
vmg their opinions on fuch conflitutional and legal points as may be referred for their
proviso. confideration by the executive department: Provided always, That nothing ^herein
contained fhall extend to or be conltrued to authorize the judges to enter upon any
proceeding which may affed any caufe in its progrefs to final decifion, agreeably to
the conflitution, in the county wherein the defendant or defendants refide; nor fhall
any order or decifion of the faid judges be promulgated, or tend to preclude the ad-
miffion of any new evidence which may arife in the progrefs of any caufe, prior to
the final decifion and entering up judgment thereon, in fuch county; and that it fhall
be the duty of the judge or judges prefiding in the refpedive circuits, to make a re-
SrtSuriS- Port tr^ everT criminal cafe of a capital nature, which fhall be published
brftorettS? *n one ^ public gazettes, within fixty days after fuch trial fhall have taken place.
theUsupSrof b. And be it further enabled, That the faid fuperior courts fhall have full power and
•ouns. authority to hear and determine, by a jury of twelve men, all pleas, civil and cri-
minal, and all caufes of what nature or kind foever, according to the ufages and cuf-
* Altered by ad of 1799, to the fecond Monday in January.
JUDICIARY SYSTEM,
273
toms of courts of law and equity; (except fuch as are hereby referred to inferior ju-
rifdi&ion) on the days and times before mentioned. And that it fhall and may be
lawful for the (aid judge or judges to proceed with a jury, oij^getition and procels
directed to the faid judges in all difputes of a civil nature, cognisable by original ju-
rifdi&ion in the faid court, for any debt or damages or any fum of money above thir-
ty dollars; and if any cafe or matter in difpute requires equitable interpofition, and Eqmtaue j.ew.
•a common law remedy is not adequate, the judge prefiding fliall exercile all the pow-
ersofacourt of equity, competent to compel the parties, plaintiff and defendant in a
caufe, to difcover on q%th all requifite points neceffary to the inveffigation of trutn
and juftice; which proofs when obtained, (hall be fubrnitted to a fpecial jury, whofe
verdibf {hall be final, and execution thereupon may be ilfued.
7. And be it further enabled, That the faid fuperior courts fliall have power to iflue Mayjmean
writs of fcire facias, mandamus, habeas corpus, and all other writs which may be writs,
neceffary for theexercife their jurifdi&ion, and agreeable to the principles and
ufages of law and equity. " ^
8. And be it further enabled, That the fuperior courts {hall, in all cafes refpeffing
the difcovering the tranfablions between co-partners and co-executors, compelling certainca-es-
diftribution of inteftate eftates, or^payment of legacies, be competent to fuflain a
fuit by bill and proceedings therein, until the letting down of the caufe for hearing;
fuch fuperior court fliall then fubmit the merits of the fuit with the evidence thereon, proceeding?
which in all cafes fliall be given viva voce in court, (or otherwife within the rules of
the common law) and all matters refpefling the fame, to a fpecial jury, who fliall
give their verdifl on the fame; but if either party fliall be diffatisfied with fuch vcrdift,
an appeal may be entered in the clerk's office within ten days after trial, when a hear-
ing of fuch caufe fliall again be had before another fpecial jury, and fuch trial fliall
be finaMid coqclufive.
9. And be iifyjjjj^ther enabled, That in cafe of unavoidable accident, if the faid courts,
or any of themp fliall fail to be held at the times refpe&ively appointed for holding
the fame, the proceedings fliall not be difcontinued; but the clerk of the faid coxrts
refpe&ively fliall and may adjourn the faid fuperior courts from day to day, not ex_oftheJudiic'
seeding four days, until the faid court fhall meet; and-in cafe the faid courts fliall not
meet and fit in that time, the faid clerk of the court as aforefaid, fliall adjourn the
fame to the next term of the faid court, to which time all caufes then depending fliall
be continued over. And for the morefpeedy determination and orderly conducing
of all caufes in the faid fuperior courts,
10. Be it enabled, That the judges, with the attorney and folicitors general, or
majority of them, fliall frame and agree upon a fet of rules of proceedings and
tice for all parties, praflitioners and others, in the faid courts, which {hdll be the fame ruies>&c-
in all the counties, and which fliall in no cafe be altered, but at a meeting of the faid
judges, attorney and folicitors general, as aforefaid. And the faid judges fliall have tim court,
power to adminifter all neceffary oaths or affirmations, and to punifli by ufual fine
and imprifonm.ent, at the difcretion of the judge or judges prefiding, all contempts p^£scoa-
of authority in any caufe or hearing before the faid court.
PROCESS.
11. And be it further enacted, That the mode of proceeding in all civil caufes in
the fuperiotf dourts fliall be by petition with procefs annexed ; which petition fliall
contain the plaintiff's charge, complaint, allegation or demand, plainly, fully and di-pi0Cess-L
reftly fet forth, and be figned by the party and his attorney; and all petitions, writs
--- Mm '
274
JUDICIARY SYSTEM.
an J proceffes of whatfoever nature or kind they may be,iffuing out of the faid courts
Tobes! ned drawn, required) iffued and figned by the clerk of each court refpeftively,
bLr^unthe and bear tcft in die name of one of the judges of the faid courts, and dire&ed to the
^™^c°siie of fheriff of the county, returnable to the next fucceeding term, and be executed by
fcrving a copy of the fame on the defendant or defendants, or leaving fuch copy at
his or their ufual and notorious place of abode, at lead: twenty days before thefirfl day
No sreci.il piea ^ meeting of the court; but that no fpecial plea, demurrer, or rejoinder fhallbe ad-
£aHrHdlft- m^tted °r allowed of in either of the faid courts; and if either of the parties are not
tcd- prepared to proceed to trial, the court fhall, upon fufficient caufe being lhewn on oath,
Defcainform grant a continuance thereon until the next term; and no writ, petition, return, pro;-
STonmJtion?'cefs, judgment or other proceeding in civil caufes fhall be abated, arretted, quafhed
or reverfed for any defett or want of form, or for any clerical miftake or omiffion, not
affecting the real merits of the caufe; but the judge prefiding fhall caufe the fame to
be amended on motion in court, without arty additional colts, and proceed to give
judgment according to the right of the caufe and matter in law, as fhall appear unto
faid judge, without regarding any imperfections, defefls, want of form, clerical miftake
or omiflion in fuch writ,return, procefs, petition, judgment, or caufe of proceeding
fansestibe whatfoever ; and all caufes in the faid courts fhall be managed by counfel or thepar-
rourucfor'the ty or parties themfelves, under fuch order as the courts fhall eftablifh.
iandv, notes, _ 12. And be it further enaBed, That no perfon fhall be permitted by the court to
oath1''7 Cm" deny his bond, note, or bill for money or other thing, unlefs he fhall make affida-
vit of the truth of fuch denial.
wnttaueVmott 13* And ^ farther enaBed, That no- caufe inflituted as aforefaid, be fufFered to
tuaruhree ]ay over Gr be depending more than two terms, unlefs very fpecial caufe be fhewn
by affidavit of the party applying to put off the caufe, to induce the judge prefiding to
lengthen or protraCt the time, which fhall not in all extend to more than, three terms.
EXECUTORS AND ADMINISTRATORS.
Executorsandi 14. And beit farther enaBed, That no fuit fhall be inflituted or execution iffue
cxTmpfftom8 againft an executor or adminiflrator for any debt or demand, due or owing by any
xlicnths.vc teflator or inteflate, until the expiration of twelve months from and after the death of
fuch teflator or inteflate; and all fuks depending in any court within this flate at the
time of his or her death, fhall remain undetermined until the time limited as aforefaid
Suits not to a- fhall expire; and to prevent delays no procefs fhall abate by reafon of the death of a.
teftator or inteflate; but fuch death being fuggefled of record, the fuit fhall not be*
htionsuSs- difcontinued, provided the caufe of aftion fhall furvive, either for or againft fuch-
executor or adminiflrator, as the cafe may happen.
DISTRESS FOR RENT.,
pistressforrent 15. And be it further enaBed, That in all cafes where diflrefs for rent fhall take
•u oath. ^ place, no replevin fhall be granted unlefs oath be made by the perfon or perfons ap*-
plying for the fame, that he, fhe or they, are not indebted to the perfon- fo making,
diftrefs in the fum diftrained for: Provided, That nothing herein contained fhall de-
bar the perfon or perfons fo applying for a writ of replevin to bring fuit again the
perfon levying the diflrefs, in any court of this flate? for or on account of illegality
therein.
BAIL..
Balr, 16. And be it farther enaBed, That in all cafes where bail fhall be required the-
amount of the debt or damages fhall appear by the oath of the plaintiff or plaintiffs,
or his or their agent or agents, before any judge or juflice of thepeace, which fhall be
filed of record in. the clerk's office; and a copy thereof fixed to the copy or copies of
JUDICIARY SYSTEM.
*75
the procefs ; and thereupon the fheriff fhall take a bail bond, with fufficient fecurity,
for the appearance of the defendant or defendants, at the court tq. which- fucli writ or
procefs may'be returnable; and if the defendant or defendants (hall not appear
agreeably to'life tenor of the faid bond, or to enter fpecial bail to anfwer the atlion,
and to*pay the condemnation money thereof, or render the defendant into court, it
(hall be the duty of the fheriff, on application therefor, to endorfe or make an af-
fignment of the bail bond to the plaintiff or plantiffs, who may recover the amount
due and owing by the defendant, with legal intereft, by aflion of debt founded on the
fame, againft the principal and bail: Provided, That any perfon or perfons becom-
ing bail for any defendant's appearance at court, fhall be exonerated from fuch en-
gagement, by furrender of fuch defendant in court, or in cafe there fhould be no court,
by delivering him to the fheriff, at any time during the time allowed for holding fuch
court : And provided, That the faid bail on paying cods, fhall be at liberty to enter Renter
fpecial bail afrany time before trial; but no emparlance, advantage or delay (hall be time on pav-^
had or taken thereupon ; but the proceedings thereon fhall be made up immediately, mui 0 tost5'
and come on in the fame courfe and order as fuch original aflion (food on the docket
of the court; and the proceedings againft fpecial bail (hall be in the form now ufedin
the courfe and praffice, of the faid courts refpeftively.
MORTGAGES.
17. And be it further enacted by the authority ajorefaid, That the method of fore-Foreclosure of
elofing mortgages in this (late fhall be as follows : Any perfon applying and entitledrnortRaces*
to foreclofe a mortgage, or his or their attorney, fhall petition the fuperior court of
the county wherein fuch mortgaged property may be, dating the caufe and the amount
of his, her, or their demand, and defcribing fuch mortgaged property ; and the court
(hall grant a rule that the principal, intereft and cofts be paid into court within twelve-
months thereafter ; which rule (hall be publifhed in one of the public gazettes of this
ftate, or ferved 011 the mortgager or his attorney, at leaft nine months previous to
the time when the money may be dire&ed to be paid ; and unlefs the principal, intct^
eft and cofts be fo paid, the equity of redemption fhall be from thence foreclofed :
In cafe of any difpute as to the amount due on any mortgage, the court (hall on ap-
plication, appoint one or more fit perfons to audit and liquidate the fame with liberty
of an appeal thereon, or the faid court may fubmit any other matter refpe£ling the
fame to a fpecial jury, which (hall be taken from the grand inqueft as in other appeals*
whofe decifions (hall be final.
t8. And be it further enabled, That in all cafes of foreclofure of mortgages (ex-
cept where the ftate may be a party) the plaintiff fhall be compelled to take outexecu- w&thesute
tion againft fuch property, and the (heriff (hall feize and fell fuch property at publiclsapaitjr' .
outcry, with like notice, and under the fame rules as are prefcribed for the (ale of fuch
property by virtue of a common execution, and after paying the plaintiff the amount
of his debt and cofts, (hall pay over the overplus (if any there be) to the defendant,
or if the defendant be not in the ftate, (hall pay fuch overplus to the clerk of the
court, to be kept and fecured for fuch defendant.
ATTACHMENTS.
19. And be it further enaEled, That it fhall and may be lawful for the judges, or Attachment,
.either of them, upon complaint on oath by any perfon, that his debtor relides, Or IS ed and served.
aflually removing without the limits of this ftate, or abfeonds and conceals himfelf,
or (lands in defiance of a peace officer, fo that the ordinary procefs of law cannot be
ferved upon him, to grant an attachment againft the eftate of fuch debtor, or fo much
thereof as (hall be of fufficient value to fatisfy the plaintiff's demand and cofts; which
1
JUDICIARY SYSTEM;
attachment fhall be dire&ed to and ferved by'the fheriff of the county where the property
maybe found, or his deputy, or any conflableof fuch fheriff or deputy, or any conllable,
to ferve and levy the fame upon the eflate, both real and perfonal, of fuch debtor,
wherever the lame fhall be found, either in the hands of any perfon or perfons in-
debted to or having effefls of fuch debtor, and to fummon fuch perfon or perfons
to appear at the next court to be held for the faid county, and tp which the laid at-
tachmcnt may be returnable, there to anfwer upon oath what he is indebted to, or
what effects of fuch party he hath in his hands, or had at the time of ferving fuch at-
tachment, which being returned executed, the court may by order compel fuch per-
provu. fon to appear and anfwer as aforefaid: Provided, That the faid judges, before grant-
ing fuch attachment, fhall take bond and fecurity of the party for whom the fam£
may be granted, in double the fum to be attached, payable to the defendant, for fa-
tisfying and paying all colls which may be incurred by the defendant',*-*in • cafe the
plaintiff fuing out fuch attachment fhall difcontinue or be caff in his fuitfand alfo all
damages which may be recovered againfl the faid plaintiff for fuing out the fame';
which bond fhall be returned to the court to which the attachment may be made re-
turnable, on or before the laft day of the term; and the party entitled to fuch cofls
any damages may bring fuit, and recover thereon; and every attachment iffued with-
out fuch bond taken, or where no bond fhall be returned as aforefaid, is hereby de-
pjovLjo. clared to be illegal, and {hall be difmiffed with colls: Provided always, That every at-
tachment which may be iffued as aforefaid, fhall be attefled by the judge iffuing the
fame, and be by the fheriff, or perfon authorized to ferve the fame, publicly adver-
tifed at the court-houfe of the faid county, at leafl thirty days before the fitting of the
court; and if any attachment fhall be iffued within thirty days of the next court, fuch
attachment fhall be made returnable to the court to be held next after the expiration
of the faid thirty days, and not otherwife; and all attachments iffued and returned in
any other manner than is herein before direfled, fhall be, and the fame are declared
Property at- to be null and void; and all goods, chattels, lands and tenements, fubjefl to fuch
«picvie<Ey be attachments, fhall be repleviable by appearance and putting in fpecial bail, or by the
defendant's giving bond, with good and fulheient fecurity, to the fheriff or other of-
ficer ferving the fame, which bond he is- hereby empowered and required to take,
compelling the defendants to appear at the court to which fuch attachment fhall be
returnable, and to abide by and perform the order and judgment of fuch court':
frnotj-epioD Provided always, That all goods and effefls attached and not repleyied as aforefaid,
j^Dhaueaa- where the fame fhall appear to be of a perifhable nature, on motion of the plaintiff
tureicmavbc rC . r i - i i i i
£urt'yorderof °r his attorney, the court may, and is hereby authorized and required to order a
faie of fuch perifhable property, and the monies arifmg from fuch fales fhall be de-
pofited in the clerk's office by the fheriff or other officer felling the fame, to anfwer
the demands of the plaintiff, if eflablifhed, and the balance, if any, after fatisfying
fuch demand and all cofls, fhall, by order of the faid court, be returned to the de-
fendant or his attorney.
»uvcqvcr.t 20. And be it further enabled, That if any attachment fhall bereturned executed,-and
hereon. ° , the property attached fhall not be replevied as aforefaid, the fubfequent proceedings
thereon fhall be the fame as on original procefs againfl the body of the defendant, where
there is a default of appearance; and all fuch goods and chattels, lands and tene-
mcnts, not replevied, fhall, after the plaintiff has eflablifhed his demand, be by or-
rier cf the court fold and difpofed of, for and towards the fatisfaflion of the plain-
tiff's judgment, in like manner as if the fame had been taken under execution; and
when any attachment fhall be returned ferved in the hands of a third perfon, it fhall
JUDICIARY SYSTEM. 277
be lawful, upon his appearance and examination in the manner herein before directed,
to enter up judgment as againft the original debtor, and,award execution againft
fuch third perfon for the monies due by him to the abfent debtor, and againft luch
effeQs on property as may be in his hands or keeping, belonging to fuch debtor, or
fo much thereof as will be of value fufficient to fatisfy the judgment thereon and
colts.
EVIDENCE AND SETTS-OfF.
21. And be it further enabled, That where any witnefs r elides out of the date, or n ay
out of any county wherein his teftimony is required in any caufe, it lhall be lawful
for either party, plaintiff or defendant, or .-his attorney, on ten days' notice given toteuo£atories"
the adverfe party, or his attorney, accompanied with a copy-of the interrogatories
intended to be exhibited,, to obtain a commiffion from the clerk of the laid court, di-
refited to cemin commilfioners, to examine all and every fuch witnefs or witnelies
on fuch intefrogatories as the parties may exhibit; and fuch examination lhall be read
at the trial of the caufe, if either party fliall think proper.
22. And be it further enabled, That the faid courts lhall have power on the trial ofThccounimy
all caufes, on motion and due notice thereof given, to require the;parties to produce phehTo0be
books or writings in their poffeflion or power, which contain evidence pertinent tofrui.u"ed0U
the cafe in queftion, and under circumltances where they might be-coinpelled to pro-
duce the fame by ordinary rules of proceedings in equity; and if a plaintiff fhall fail
to comply with fuch order to produce fuch books or writings, it lhall be lawful for the
faid courts, on motion, to give like judgment for the defendant as in cafes of iron-
'Tu.it; and if the defendant lhall fail to comply with fuch order to produce books or
writings, it fliall be lawful Hor the faid courts, on motion, as aforefaid, togivejudg-
ment againft him or her by default.
23. And be it further enabled, That the faid fuperior courts lhall have power to Mayperpetuate
perpetuate teffimony, on the ufual terms, pra&ifed in courts of equity; and alio tolos?"1
eftablilh copies of loft papers, deeds and other writings, under fuch rules and precau-paperi'
ti'ons as are and have been cuftomary and according to juftice.
24. And be it further enabled by the authority aforefaid, That in cafe of mutual
debts and fetts-off, where the jury lhall find a balance for the defendant, fuch defend-
ant lhall be at liberty to enter up judgment and take out execution thereupon: Pro-
vided, notice of fuch fetts-off be ferved on the plaintiff' or his attorney 011 or before
thelaftday of thefirft term.
25. And be it further enabled, That, the faid courts lhall be courts of record, and cordtsof rc"
witneffes neceffarily going to, returning from, and attending on the fame, lhall be free witnesses free
from all arrefts by any civil aftion. fromarrc*.
SPECIALTIES. I ,
26. And be it further enabled, That all bonds and other fpecialties, and all promif- All bonds, notes
fory notes and other liquidated demands, bearing date at any time fince the ninth nijithonune,
day of June, one thoufand feven hundred and .ninety-one, whether for money orq«^y&
fpecific articles, (hall be of equal dignity, and be thereafter negotiable by endorfe-
ment, and may be fued by the>endorfee or affignee, in his, her or their name, any
law to the contrary notwithftanding; Provided, That nothing herein contained lhall
prevent the party giving any bond, note or other writing, from reftraining the nego-proviso,
tiabihtv thereof, by exprefling,in the body thereof fuch intention. made out;
' ... V r -O TTTDTUC ' qualification
JURIES. ; of jurors—
7 • r 1 1111P1 rnay be dischar-
27. And be it jurther enabled, That the clerks of the fuperior courts of the refpec-
tive counties lhall procure froin the tax collector of fuch county, and furnifh to the
278 JUDICIARY SYSTEM.
court ("within two months) a lift of perfons liable, and qualified to ferve as grand and
petit jurors, agreeable to the qualifications herein after prefcribed; and all free white
male citizens above the age of twenty-one years and under ftxty years, are declared
to be qualified and liable to ferve as petit jurors for the trial of all civil caufes, for
recovery of debts or damages to any amount whatever; but no perfon fhall be ca-
pable to be of a jury for the trial of treafon, felony, breach of the peace, or any
other caufe of a criminal nature, or of any eftate of freehold, or of the right or title
to any lands or tenements, in any court of record within this ftate, who fhall not be
qualified to vote at eletlions for members of the legiflature; and if any perfon not
qualified as aforefaid, fhall be returned on any jury, he fhall be difcharged on the
challenge and proof thereof, of either of ;the parties to fuch fuit, or on his own oath
of the truth thereof: Provided, That no exception againft any juror, on account of
his qualification, fit all be allowed after he is fworn.
The lists to ba 28. A iid be it further enabled, That the clerks of the feveral courts are required in
annually cor- . J . . 1
cfe^ksfmiertheP10^"00 anc^ under the direction of the judge or judges of fuch court, to regulate and
fiSfcSd^d correCt the feveral jury lifts annually, by particularly fpecifying, in diftinft columns the
iedtedtobese" perfons moft able, difcreet and qualified as herein mentioned, to ferve as grandyrurors;
which lift, fo corrected, fhall be committed to the fafe keeping of the clerks of fuch
courts refpe&ively; and the c'ierks of fuch courts fhall immediately after receiving*
fuch lift fairly enter the fame in a book for that purpofe to be provided by fuch clerk,
(at his own expence) diftinguifhing in feparate columns the perfons fele&ed to ferve as
grand jurors, and thofe for the trial of civil and criminal caufes as aforefaid; and the
names of the feveral perfons fo fele&ed, fhall be written on feparate pieces of paper,
and put into the different apartments of a jury box, to be provided by the clerk at the
Gonstruftion of public expence, in the conftrutfion and manner herein after prefcribed, to wit: There
whichthe fhall be an apartment in the faid jury box, marked number one, in which fhall be jpla-
aifetost£kept" ced the names of all the perfons feleCted as grand jurors, and another apartment
marked number two, in which fhall be put the names of all the perfons fele&ed for
trial of civil and criminal caufes as aforefaid ; which box fhall be kept locked, and no
jury fhall be drawn or empannelled, but in the prefence of one or more of the judges
and the clerk of the court; nor fhall any clerk of the court or-'btftter perfon having
the cuftody of the jury box, prefume on any pretence whatever; to open the faid
jury box, tranfpofe, or alter the names, except it be in the prefence of the judge or*
juftices officially attending for the purpofe of drawing jurors, or correcting the lifts,
under penalty of being dealt with in the manner herein pointed out for mal-praClice
in office.
The manner of 20. And be it further enabled, That the faid judge or juftices and clerk of the court,
drawing juries* ^ * J y ^ ^
or perfon having the cuftody of the key, fhall previous to the adjournment of any iu -
perior court, or at leaft two months prior to the fitting of the next court, caufe to
be drawn out of the apartment of the faid box marked number one, not lefs than
twenty-three, or more than thirty-fix names as grand jurors; and out of the apart-
ment marked number two, not lefs than forty-eight, or more than feventy-two, names
as petit jurors for the trial of civil and criminal caufes as aforefaid ; which names fo'
drawn out fhall after an account is taken of them, at each term or time of drawing,
be carefully rolled up again, and depofited in two other apartments to be provided
in fuch jury box, marked number three and four, (to wit) the names of the grand jur
rors in the divifion number three, and the names of the petit jurors in the divifion
number four; and when all the names fhall be drawn out of the apartments number
one and two as aforefaid; they fhall then commence drawing from the apartments
JUDICIARY SYSTEM.
number three and four, and return them into the numbers one and two, and fo on
alternately. •
30. And be>i&further enabled, That no grand jury fhall confift of lefs than eighteen A grand jury t»
or more than^Uyenty-three, but twelve may find a bill, or make a prefentment, and
lcsa than eigli-
that the names of the feveral jurors to be drawn as aforefaid, fhall 'immediately after fh!"twenty-
they are drawn out, be entered by the clerk on the minute book of fiich court; and ifthree'
it fhall fo happen that from any unavoidable circumftance the judge fhall not attend
at the time appointed for holding the fuperior court in any county, he fhall neverthelefs
attend in perfon for the purpofe of drawing jurors, or fhall tranfmit to the ju ft ices- interior courf^
of the inferior court of fuch county, a requeft in writing, that they or any two of them riedn the ab-
attend at the clerk's office, on fome convenient day, at leaft two months preceding the judge °f the &
next term, for the purpofe of drawing grand and petit jurors in manner herein before
direfiled ; and the faid judges of the fuperior courts, are declared to be refponfible for
the legal and regular drawing of juries in the refpefilive circuits in which they may
prefide : And in cafe of fuch unavoidable circumftance fpecially flated by any judge
of the fuperior court, the faid juftices or any two of them fhall, and are hereby re-
quired to conform to fuch requefts, by attending and drawing juries agreeably to this
afil: Provided neverthelefs, That where juries have already been drawn in any coun- pwvu».
ty for the next term under the late judiciary afil, fuch jury fhall ftand over and be
confidered as the legal juries under this law.
31* And be it further enabled,- That the clerk of the court fhall annex a pannel ofpreceptor .
the jury containing the names of the perfons drawn to ferve on the grand inqueft, ex- r™oninEJU
aftly tranferibed from the minute book, to the precept for fummoning fuch grand ju-
ry; and fhall alfo annex another pannel containing the names of the perfons drawn as
petit jurors, for the trial of civil and criminal cafes, exafilly tranferibed as aforefaid, to
the precept for fummoning the petit jurors, in the mandatory part of which precept
fhall be written, the words following, viz. "The feveral perfons named in the pannelItsf8rm*
hereunto annexed;" which precept with: their feveral pannels annexed as aforefaid*
- fhall be delivered by the clerk of the court within three days after the drawing of fuch
• juries as aforefaid, to the fheriff of the county or his deputy,
32. And be it further enabled, That the fheriff or; his lawful deputy for the time iT/thesS
being, upon the receipt of any .'precept for fummoning grand or petit jurors, final! £nhda?ffi>re
caufe the feveral perfons whole names are-written in the pannel thereunto annexed,court'
to be ferved with a fummons at leaft ten'days before the fitting of the court for which
; they are drawn and empannelled, which fummons fhall be iri the following words, or
words to that effefil: " By virtue of a precept to me directed, you are hereby com-Form of^.e
manded to appear before the judge of the fuperior court, at the nextTuperior court, Sons?su™'
to be held at the court-houfe in and for the .county of———on the —
(]ay of ——:—-— next, at ten o'clock in the forenoon of that day, to be fworn on
the grand jury (or as a juror for the trial of civil and criminal caufes then and there
■ depending, as the cafe may be.)" . Whichi fhali be figned by the.-fheriff or his lawful
deputy for the time; being; which fheriff or lawful deputy aforefaid, fhall make re-
turn of all fuch precepts, in each of which he fhalf fet forth;.the.names of all fuch
perfons as fhall have been fummoned by virtue of fuch writs or,precepts, and the time
when they were fummdhed, and alfo the names of thofe perfons whom he may not
have fummoned, together with the reafons why they Werje'not fummoned, on pain
of being fined,by the:court. .. .; ;;
33. And be itfurther enabled, That the clerk of the court fhall make due entry in
, .the minute book of fuch .court,, of the appearance; of all jurors^ and likewife fhall ^Xrtebs
280
JUDICIARY SYSTEM.
*en 1 et and;make report of the names of all fuch as {hall make default in appearing;
that if any perfon who fhali be drawn, empannelled, fummoned and returned to fervc
as jurors at any court as aforefaid, fliali neglefl or refufeto appear, "or after appear-
ance (hall refute to ferve, or fhall abfent himfelf without leave of the court, then
and in that cafe,--it: {hall be lawful for the court to fine fuch perfon, if a petit juror,
a fum not exceeding twenty dollars, and if a grand juror, in a fum not exceeding
forty dollars, unlefs luch juror {hall {hew good and fufficient caufe of excufe, to be
made on oath before any juftice of the peace, and filed in the clerk's office of fuch
court, within thirty days after opening the faid court, the merits of which excufe fhali
be determined by the next fucceeding court; and when from challenge or otherwife,
there fhali not be a fufheieut number of jurors to determine any civil or criminal
Talesmen, caufe, the court may order the ffieriff or his deputy, to fuminon by-flanders or others,
qualified as herein before required, for. the trial of fuch caufe or caufes, fufficient to
coroner when complete thepannel; and when the Ifteriff or his deputy are difqualified from aftihg
toactajsheriff. manner herein expreffed, jurors flrall be fummoned by the coroner, or fuch
other difinterefted perfon as the court fhali appoint.
Sjurori> 34- And be it further enaBed, That the oath to be adminiftered to petit jrtrors in ci-
vil cafes, fhali be in the form following : You, A. B. ffiall well and truly try thee aufe
depending between the parties at variance, and a true verdift give according to law
and the opinion you entertain of the evidence. So help you God."
SPECIAL JURY.
35' AJuri~htr enaBedr That all fpecial jurors fhali betaken from the grand
«Xfthe-r"nd Jury c°unty, and ftruckin the prefence of the court, in the following mam
ner : The clerk ffiall produce a lift of the grand jurors prefent and there empannelled,
from which the party, plaintiff and defendant, or their attorney, ffiall ftrike out one ah
ternately, until there ffiall be but twelve jurors left, who {hall forthwith be emparinelled
and fworn as fpecial jurors to try the appeal caufe; and in all cafes the appellant
fhali ftrike firft ; and in cafe of refufal in either, to ftrike fuch fpecial jurors after due
notice given for fuch fpecial jury to be empannelled, {ball, on behalf of fuch abfent paL
ty or his attorney, proceed in, the fame way and manner as if the party abfent or refu-
fing had been prefent or confented to the fame.
Their oath. ^ And be it further enaBed, That the oath to be adminiftered to fpecial jurois
ffiall be in the words following, to wit : "'You ffiall well and truly try the caufe now
depending between A. >B. appellant, and1 C. D. refpondent, and a true verdidt give
according to equity, and the opinion you entertain of the evidence produced to you
to the belt of your {kill and knowledge, without favor or affe&ion to either party.
So help you God." - '
" VERDICTS, JUDGMENTS AND APREALS. -
propertybmmd 37. And'be itfiirlher enaBed, That the plaintiff or his attorney ffiall-not be at li-
ofY^efirst ver-berty to figri judgment within four days after verdift, within which time the party
againft whom fuch verditl fllall pais, upongiving fecurity may ftay the execution fixty
days after the end of the court; but all the property of the defendant fhallneverthelefsbe
bound from the day of obtaining the firft verditl, which fhali bear intereft until paid ;
and in cafe either party ffiall be diffatisfied with the verdift ;of the jury, that then and
in fuch cafe, either party may within four days-after fhe adjournment, of.the court (in ^
all cafes) enter an appeal'in the clerk's office, which ffiall be admitted andra new triaf
granted, and tried the next term by a fpecial jury, Provided the perfon or perfons fo
appealing fliall, previous to obtaining fuch appeal, pay all cofts that majf have arifen
011 the firft trial, and give fecurity for the eventual qOndemnation money,xor'to ren«
JUDICIARY SYSTEM.
der the defendant in difcharge thereof, and that no executor or adminiftrator, as fuch,
ihall be liable to give fuch fecurity; but if, on hearing fuch appeal and new trial, it
lhall appear, a§d the court fhall certify, that the appeal was frivolous or intended
for delay only," then the court lhall dirctl the jury trying the appeal caufe, to affefs
damages to the party aggrieved for fuch delay, not exceeding ten per centum; and
in cafe of a jury committing contempt, or breaking up before giving in their verdihi
in civil cafes, the court may declare the fame to be a mis-trial.
. 38. And be it farther enabled, That no confeffion of judgment fhall hereafter be
entered up, but in the county wherein the defendant or defendants refide, nor unlefs
the caufe hath been regularly fued out and docketed in the ufual way, as in other
cafes, nor until luch caufe be called in order by the court for trial.
39. And be it further enabled, That no verdibt lhall be received on any unliquida-
ted demand, where the jury have increafed their verdihl on account of intereft, nor
ihall intereft be given on any open account in nature of damages.
ARBITRATION.
40. And be it further enabled, That in all matters fubmitted to reference by parties ArMtrattw.
in fuit, under a rule of court, or other agreement in writing, ligned by the parties,
judgment lhall be entered up by the party in'whole favor the award is given, and ex-
ecution lhall ilfue for the funis awarded, to be paid as they refpeblively become due,
and be levied 011 the property of the party againlt whom the judgment lhall have
been entered up, and fuch other proceedings lhall be had thereon by the court, as in
cafes of judgments entered up 011 verdifts of juries: Provided, That no judgment
ihall be entered up on an award, where it ihall appear any other caufe or caufes
hand on the docket of the court againlt the defendant or defendants undetermined,
before the caufe in which a rule or other agreement in writing for arbitration is enter-
ed into.
EXECUTION.
41. And be it further enabled, That all executions lhall be diredted to all and lin-
gular the Iheriffs of the Hate, be ligned by the clerks, and bear tell in the name of fusuc.
one or more of the judges of the court; and may be levied on the eftate, both real
and perfonal, of the defendant, or ilfuei againlt the party calt, in any county of this
hate. , - ;
42. And be it further enabled, That no injunction on any judgment obtained in tNAenjgr"S
the fuperior courts lhall be ilfued or allowed of; but in all cafes where execution lhall
iffue illegally on matters which fhall have arilen fubfequent to judgment, or the Ihe- dSoEpro-
rilb lhall execute property claimed by any perfon other than him againlt whom fuch FfoT AlnuS!
execution ilfued, in which, latter cafe it lhall appear by the oath of the perfon fo claim-
ing, or by the oath of his attorney, it fhall be the -duty of the Iheriff to poltpone the
fa-le or further execution of the judgment, until the next adjourned court or term of
the fuperior court, whichever may firft: happen ; and fuch court lhall itfelf determine
on the legality of the execution, and lhall caufe the right of property to be decided
on by a jury at fuch court (if in term time,) or at the next court thereafter, if fuch
report be made at an adjourned court: Provided, the perfon claiming fuch property,
or his attorney, lhall give bond to the Iheriff, with fecurity, in a fum equal to the
amount of the execution* conditioned to pay to the plaintiff all damages which the
jury, on the trial.of the right of property, may affefs againlt him, in cafe it Ihould
appear that fuch claim was made for the purpofe of delay; and every juror on the
trial of fuch claim lhall be fworn, in addition to the oath ufuallv adminiffered, (toS«S*
. N a. . ' UeUy'
282
JUDICIARY SYSTEM.
give fuch damage as may feem reafonable and juff to the plaintiff againftthe claimant
in cafe it fhall he fufficiently fhewn that fueh claim was intended for.delay only ;) and
it fhall be lawful for fuch jury to give verdiB in manner aforefaid, by virtue whereof
Theburthen of execution may iffue againft fuch claimant: And provided alfo, That the burthen of
the proof fhall lay with the plaintiff in the execution.
shedffi°Sai« to 43. And be it further enailed, That no fales in future fhall be made by fheriffs off
Teiieslu}?ncach property taken under execution, but on the firft Tuefday in every month, and be-
thirty pre-tween the hours of ten and three o'clock of the day; and it fhall be the duty of the
fheriffs to give thirty days' notice in one of the public gazettes of this ffate, of all fales
of lands and other property executed by him, and alfo advertife the fame in three of the
nioft public places in the county where fuch fales are to be made; and fhall give a
full and complete defcription of the property to be fold, making known the name
of the defendant, and the perfon who may be in poffeffion of the property (ex-
cept horfes, hogs and cattle,) which may be fold at any time by the confent off
the defendant; and in which cafe it fhall be his duty to give the plaintiff ten days' no-
tice thereof, and alfo advertife the fame in three or more of the mod public places in
the county where fuch property may be, at leaft ten days before the fale.
OFFICE OF ATTORNEY GENERAL.
ff"ttornJyut7 44* be it further enabled, That the office of attorney general fhall be, and is-
mthreepcr-ed hereby declared to be vefied in, and the duties thereof fhall be performed by three
Sclnfuitf perfons to be ftyled the attorney and folicitors general r one to attend theeaftern, one
the middle, and the other the wettern circuit, who fhall execute their office jointly or
feverally, and fhall be ffworn to the faithful execution of the duties thereof; and the
Laid attorney and folicitors general fhall, previous to their entering into the duties
of their refpeBive appointments, feverally give bond to his excellency the governor
and his fucceffors in office, with two good and fufficient fecurities, which fhall be ap-
proved of by his excellency the governor, or one of the judges of the fuperior court,
in the fum of five thoufand dollars, conditioned for .the true and faithful performance
of the duties of their refpeBive appointments; which bonds fhall be taken by his ex-
cellency the governor, or either of the: judges ;of the fu perior courts, and fhall be de-
pofited in the fecretary of ftates office ;. and it fhall be.their duty to profeeute all de-
linquents for crimes and other offences cognizable by the faid court, and all civil ac-
tions in which this ffate fhall be concerned, and to give advice or opinion in writing to
his excellency the governor, in queffions of law in which the ffate may be interefted. •
of the s^>!icito? 45* ^nd whereas, it may happen that neither.the attorney general or either of the foli-
gencraiTthe citors can attend at fome of the faid courts :,Be it therefore enabled. That in fuch cafe the
point fomeo-' judge prefiding may, and he is hereby authorized a'nd required to appoint fome attor-
ther attorney. ney at]aw? or other fit and proper perfon, to prepare andprofecute endiBments and other
buhnefs of the ffate; and fuch perfon fo appointed, fhall be entitled to the fame fees
and emoluments therein as the attorney or fohcitbrs general would be entitled to, and
the attorney and folicitors general fhall be allowed a falary of one hundred and fifty
dollars each per annum. i; ; -
CLERKS OF THE SUPERIOR COURTS. . ■
clerks of the 46. And be it further enabled>, That the clerks of the faid fuperior courts fhall, be-
superior courts. yore enter UpQn the duties of their office, take the following oath or affirmation
Tiic'r oath before one of the judges of the faid court or juftices of the inferior court, to wit, u I
do folemnly fwear (or affirm) that I will truly and faithfully enter and record all the
orders and decrees, judgments, and proceedings of the fuperior court for the county
of and all other matters and things, ^hich may be brought to me, as by law
JUDICIARY SYSTEM.
tmgh't to be recorded, and that I will faithfully and impartially difcharge and, perform
all the duties of my faid office, according to the beft of my abilities and underftanding.
So help me G^d." And that the clerks of the faid fuperior courts, ffiall keep a regu- Thdr d
■lar and fa^^ninutes and dockets of all court bufinefs which ffiall be figned by the pre-
liding judge or judges on the bench, as far as the fame may be gone through prior to
rthe adjournment from day to day, and fhall give bond, with two fecurities, to the shaiigi,-ebon*
■•governor or commander in chief, and his fucceffors in office, in three thoufand dol-au
Jars, for his good conduft while in office, which bond ffiall be depohted in the public
treafury ; and that the clerks of the fuperior and inferior courts, throughout this hate Areju,t:cesof
be, and they are hereby declared to be juftices of the peace, ex-officio, fo far as to^c^gceex*
authorize them to adminifter all oaths which relate to bufinefs appertaining to'their
aid offices.
47. And bt it further enabled, That if any clerk ffiall be guilty of extortion or And punishable
other mal-pra6lice in the execution of his office, upon complaint made on oath to the wofflce1^
attorney or folicitors general, it ffiall be the duty of l'uch attorney or folicitors gene-
ral to exhibit a bill of endi&ment again ft the perfon fo offending ; who upon convic-
tion thereof, ffiall be fined or removed from office and fuffer fuch other puniffiment as
the law direfts.
48. And be it further enabled. That no clerk of a court or other perfon employed clerks Shaii not
in his office ffiall a6t as an attorney in his own name or the name of any other per-aclasattoinie?'
fon, or be allowed to pleach or praftife in any of the courts of this date, during the
time he is in fuch office.
49. And be it further enabled, That the fum of two dollars* ffiall be paid on all state fee 0*
fuits commenced in the fuperior courts when the debtor damages fued for exceed theiUlU'
fum of five hundred dollars, and the fum of one dollar and fifty cents, when the fum
hued for does not exceed that amount, to be paid to the clerk by the plaintiff before
the fuit or procefs iffu.es j for the ufe of the ftate, which funis ffiall be charged in the
bill of cofts j and the clerks of the refpedtive courts of all the counties in this ftate, are
hereby required to make annual returns to the treafury on oath, on or before the fir ft
day of January in every year, of the number of fuits commenced, and the fums re-
ceived thereon, and fhall at the fame time remit to the treafurer the amount of fuch
return, deducing three per centum ; and any clerk failing to make fuch returns and
Ho pay or remit the monies as aforefaid, fhall on complaint made by the treafurer to
the judge or juftices of their refpedtive courts, be liable to a writ of attachment for
•^contempt, and fined at the difcretion of the court; and continuing in default may be
difmiffed from office, and fuffer execution from the treafurer in like manner as tax
colledtors; and the faid clerks of the feveral courts ffiall be entitled to fifty cents for
each execution by themiffued.
50. And be it further enabled, That any attorney, or attornies, who ffiall com- In what cstH*
mence an adlion or adlions in any of the courts of this ftate, for any perfon or perfons Xi'paTfe#,
whatever refiding out of the county wherein fuch fuit may be commenced, ffiall be
confidered. liable; and fuch attorney ogjattornies, are hereby made liable to pay to the
clerk, ffieriff and defendant's attorney their refpcdlive fees.
SHERIFFS.
51. And be it further enabled, That the ffieriffs of the feveral counties, ffiall attend sheriff*, their
the fuperior and inferior courts in their refpeclive counties when fitting, and by them-duty'
delves or deputies, execute'throughout the counties'all writs, warrants, precepts and
f Repealed by a& of 1799—and re-ena&ed by the tax of 1 8oq.
JUDICIARY SYSTEM.
procelfes directed to them, and iffued under the authority of any judge or juflice of
the faid fuperior or inferior courts, or the clerk of either of the courts; and the faid
Iheriffs or their deputies fhall have power to command all neceffary affiftance in the
execution of their duty, and to appoint, as there fhall be occafion, one or more de-
3MigiVclwputies; and before any ffieriff fhall enter on the duty of his appointment, he fhall be
aRd 6CCUlity- bound for the faithful performance of his duty by himfelf and his deputies, before any one
of the faid judges, to the governor of the ftate, for the time being, and his fucceffors in
office, jointly and feverally, with two good and fufficient fecurities, inhabitants and
freeholders of the county, to be approved of by the juftices of the inferior court, or any
three of them, in the fum of twenty thoufand dollars ; and the faid bond fhall remain .
in the office of the clerk of the fuperior court of fuch county, and may be fued for by
order of faid court, for the fatisfabtion of the public, or perfons aggrieved by the mif-
condu&of the ffieriff or his deputy ; and the faid ffieriff fhall take and fubferibe the
following oath, before one of the judges of the fuperior or juftices of the inferior
courts, and the fame fhall be entered on the minutes of the faid court, and before fuch •
Tkciroath. ffieriff fhall enter on the duties of his office, to wit : " I do folemnly fwear or affirm
(as the cafe may be) that I will faithfully execute all writs, warrants, precepts and pro-
ceffes directed to me as ffieriff of the county of , and true returns make, and in
all things well and truly, and without malice or partiality, perform the duties of the of-
fice of ffieriff of '—during my continuance in office, and take only my lawful fees:
Sthe'same So help me God." And an oath to the fame purport ffiall be taken by each of thede-
vath" puties of faid ffieriff in like manner.
vr;ta-c to 52. And be itfurther enaffed, That in all cafes wherein the ffieriff of any county,
tSJoHerCi or deputy, ffiall be a party or interefted, the writs, precepts and proceffes, ffiall
certain cases, be directed to the coroner of the county; and the faid coroner is hereby authorized
invacanciwby to execute and return the fame; and in cafe of the death of either of the faid ffie-
toaftVui riffs5 t^ie deputy or deputies ffiall continue in office, unlefs otherwife fpecially remo-
SiTea.acancyi* Ve(^' an<^ execute the fame in the name of the deceafed, until another ffieriff
ffiall be appointed and qualified; and the defaults and misfeafance in office of fuch
deputy or deputies in the mean time, as well before as after the death of fuch ffieriff,
ffiall be adjudged a breach of the condition of the bond given as before directed by
the ffieriff who-appointed fuch deputy or deputies; and the executor or adminiftrator
of the deceafed fheriff ffiall have the like remedy for the mifcondutf, of misfeafance,
or default in office of fuch deputy or deputies, during fuch intervals, as he would be
entitled to (if the ffieriff had continued in life and in the execution of his office) un-
til his fucceffor was appointed and fworn.
man- 53* ^ fur^ier enacted, That the ffieriff of each county ffiall, at the ex pi-
«>t^hcriffs_are ration Qf hjs appointment, turn over to the fucceeding ffieriff, by indenture and fche-
dule, all fuch writs and proceffes as ffiall remain in his hands unexecuted, who ffiall
successors. ^jy execute andretum the fame; and in cafe any ffieriff ffiall negleht or refufe to
turn over fuch proceffes in manner aforefaid, every fuch ffieriff fo neglecting or re-
filling, ffiall be liable to make fuch fatisfaftion, by damages and colls, to the party
aggrieved, as he, ffie or they, ffiall fullain by reafon of fuch negleCt orrefufal; and
every ffieriff, at the expiration of fuch his appointment, ffiall aifo deliver up to his
fucceffor the cuftody of the jail, and the bodies of fuch perfons as ffiall be confined
therein, with the precepts, writs, or caufe of fuch detention; and fuch fucceeding
fheriff* ffiall be empowered and required to fell and carry into^effeCt any levy made
by his predeceffor in office, in like manner as fuch ffieriff could have done had lie
JUDICIARY SYSTEM.
st&g
continued therein, and ffiall make titles to the purchafers for all property fold under
execution, and not conveyed by his predeceflor.
-£.4. And be ifcfurther enabled, That the fheriffs of the feveral counties in this Rate
{hall havelifjj^l&rwers and authorities; and they and their under fheriffs and jailors,
conftab)^, and'other officers belonging to the court, be fubjeft and liable to all ac-ofdl,ty'
tions, fuife, fines, penalties and difabilities whatfoever, which they or either of them
may incur, for or on account of the efcape of prifoners, or for or in refpect of any
other matter or thing whatfoever, relating to or concerning their refpeftive officers, in
the fame manner as they have heretofore been liable by the laws in force in this ftate;
and no fheriff, under fheriff, deputy or other ffieriff's officer, fhall aft as an attorney shainot aaaa
at law, in his own name, or in the name of any other perfon, or be allowed to plead
or praftife in any of the courts of this ftate, during the time he is in fuch office.
55. And be it further enabled, That the fheriff fhall be liable either to an aRtion on
the cafe, or an attachment for contempt of court, at the option of the party, where-
ever it ffiall appear that he hath injured fuch party, either by falfe returns, taking in-
fufficient bail, or by neglefting to arreft the defendant, or to levy on his property, or
to pay over to the plaintiff or his attorney the amount of any fales which fhall be made
under or by virtue of any execution.
56. And be it further enabled. That if any fheriff, or his deputy or under fli erifr. And tie
fhall be guilty of extortion or other mal-praRtice in the execution of his office, upon fn^prWwjn
complaint made on oath to the attorney or folicitor general, it fhall be the duty of Rich
attorney or folicitor general to exhibit, a bill of endictment againft the perfon fo offend-
ing, who upon conviction thereof, lhall be fined by the court in treble the amount
which he may have extorted from any perfon; which fhall be applied, one moiety to
the injured perfon, and the other moiety to the ufe of fuch county, and fhall like-
wife be removed from office, and fuffer fuch other punifhment as the law directs.
57. And be it further enabled, Whenever the flueriff of any county within this ftate,
fhall fail to make due and proper return of all writs, executions and other procels ™™vcdfl0,n
put into his hand, or fhall fail or neglect to pay up all monies received on fuch exe-
cutions on his being required by the court fo to do, he fhall be liable to an aRlion as
for contempt, and may be fined, imprifoned or removed from office at the difcretion
of the judge of the fuperior or the juftices of the inferior court, as the cafe may be.
58. And be it further enabled, That where any perfon heretofore or now appointed rommLsfkmcrs
commiffioners of the academy in any county of this ftate, have received or may re-ma>"cereni"
ceive monies or other funds into their hands, and have not or fhall not apply fuch and iia(>ie to an
funds to the purpofes intended, fuch commiffioners may be removed or difpiaced by
the legiftature on proper reprefentation of the faRts, and others appointed to fucceecU^-
them; which fucceffors may commence and maintain an aRlion or aRlions againft
their predeceffors in office for any monies or other funds unapplied or unaccounted
for as aforefaid, and may receive judgment and fue out execution thereon, in any
court of law within this ftate, having cognizance thereof.
FOR REGULATING THE PROCEEDINGS IN THE INFERIOR
COURTS OF THIS STATE.
59. Whereas the conftitution of this ftate authorizes the eftabliffiment of courts of
inferior jurifdifition, Be it therefore enabled, That in every county within this ftate, a Inferior courts
court fhall be held once in every fix months, and fhall be called inferior county courts,
and fhall be held and adminiftered by the firft five juftices named in the commiifion Fire justices to
of the peace, or any three of them, who being qualified in like manner as the judgesireKC'
of the fuperior courts, fhall have full power and authority to hold the faicl courts, and
286
JUDICIARY SYSTEM.
circuit.
circuit.
to hear and determine caufes and controversies, and other matters properly appertain-
ing and referred by law to their jurifdiftion.-
Thcir^jiirisdic- 60. And be iifurther enacted, That the faid inferior courts fhall have lull and con-
'TulAouT11'current j urifdiclion with the fuperior courts in all civil cafes w h at lb e v e%:£ x c ep t in trial
of caufes of real cftate, which fhall he tried in the fuperior courts only, aiiei where either
party in any caufe tried and determined in any of the faid courts fhall be diffhtisfied with
the trial and-determination thereof, an appeal fhall be allowed to the fuperior court,
there to be tried by a fpecial jury, in like manner as other appeals are tried therein.
The times of 6 f. And be itfurther enacted, That the terms of the faid courts, fhall commence,
laid courts and be held in manner and at the times following, that is to fay :
THE EASTERN CIRCUIT,
rn the eastern On day °f June and November, in Camden ; on the eighth day of June and
November, in Glym; fifteenth day of June and November, in MTntofh ; twenty-
hrft day of June and November, in Liberty ; twenty-feventh day of June and twen-
ty-eighth day of November^ in Bryan; lifth day of July, and fifteenth of December,
in Chatham ; eighteenth of July and nineteenth of December, in Effingham ; twenty-
fifth day of July and twenty-feventh of December, in Bullock.
THE MIDDLE CIRCUIT,
in the middle On the firfl day of June and November, in Burke; thirteenth of June and four*
teenth of November, in Scriven ; twentieth of June and twenty-firft of November,
in Montgomery; twenty-feventh of June and twenty-eighth of November, in Wafh-
ington ; eleventh of July and feventh of December, in Jefferfon ; eighteenth of July
and nineteenth of December, in Warren; twenty-fifth of July and twenty-eighth of
December in Richmond; the firfl day of Auguft and eleventh of January, in Co-
lumbia.
THE WESTERN CIRCUIT.
Iir55itwe8tttB' t^e June anc^ November, in Hancock; fourteenth of June and No verm
ber, in Greene; twenty-eighth of June and November, in Oglethorpe; fifth of Ju-
ly and December, in Wilkes; nineteenth of July and December, in Elbert; twenty-
fixth of July and December, in Franklin; firfl; of Auguft, and fecond of January,
in Jackfon ; the eighth of Auguft and ninth of January, in Lincoln : And the juftb
ces of the inferior courts may adjourn from day to day, until they get through the
docket.
•officers of the 62. And be it further enabled, That the clerks of the inferior courts fhall take a
to^taketherts like oath, give a like bond and fecurity, and be liable and fubjefl to the like pains
be under the and penalties for mal-pradtice and negledt of duty as the clerks of the fuperior courts;
those of the su- and that the fheriff and his deputies, as well as conftables and all officers of the courts,
penorcour. fubjeLl and liable to the rules and orders of the inferior court for all mal-
praUices or negleUs of duty, touching or relating to fuits or other proceedings in fuck
courts, in like manner as fuch officers are fubjebt and liable in the fuperior courts. 1
Appointment 6g. And be it further enabled, That the juftices of the inferior courts fhall, at the
of constables. r cl - - v r J r • 1
fir it term in every year, appoint not exceeding two tit and proper perions in each
captain's diftrift for the refpeBive counties as conftables, who fhall hold their appoint-
inents for one year, and fhall take and fubferibe the following oath or affirmation,
Thf it oath, that is to fay, *s I, A. B. do folemnly fwear or affirm, (as the cafe may be) that I
will faithfully execute and return all fummons, warrants, precepts and executions,
direBed to me as conftable for the county, and in all things well and truly, to the
mmoft of my power, without malice or partiality, perform the duties of a conftable^
JUDICIARY SYSTEM.
287
for the time I may continue in office. So help mc God." Aud that previous to m Rive bond
their entering on the duties of their refpe&ive appointments, fhall feverally give bondan becunty*
to his excellency the governor, and his fucceffors in office, with fecurity which fhall
be approved >f by one of the faid juflices of the inferior court of their refpe&ive
counties, in the fum of two hundred and fifty dollars, conditioned for the-true and
faithful performance of the duties of their refpe£tive appointments; which bonds
fhall be taken by one of the juflices of the inferior court, and depofitedin the clerk's
office of their refpetlive counties. Provided always, That where it may fo happen, proviso
no fit and proper perfon or perfons offer themfelves as candidates, the faid judices
may draw not.exceeding two perfons as conftables for each captain's diftrict, who
fhall be liable to a fine of thirty dollars in cafe of refufal to perform the duties of
fuch appointment.
64. And be it further enabled, That any juftice of the peace may, in cafes where IppSS
there is no conftable in his diftrifl, either from death, removal or otherwife, autho- m
rize fome perfon to execute the duties of conftable until fuch vacancy is filled.
65. And be it farther enabled, That the faid juflices, or any one of them in each ^fy|°rucc^rr^g
county, may, in ihe.abfeiice of the judges of the fuperior court, grant a writ of habeas ofhabcMcar-
corpus, in the fame manner and under like regulations, as a judge of the fuperior court
is empowered to do ; and in all cafes not capital, fuch juflices may difcharge, admit
to bail, or remand to jail a prifoner at his difcretion, according to law and juftice ;
but in all cafes of a capital nature, it fhall be neceffary that one or more juflices of the
faid county court, do affociate with fuch juftice granting the writ of habeas corpus, at
the return thereof, and that a majority of faid juftice s do concur in opinion.
66. And be it farther enabled, That the faid courts fhall have the fame power to And havethe
hold to bail in all cafes cognizable before them, to draw, empannel and fine petit ju-
rors for the trial of caufes referred to their jurifdiflion, to exercife a like authority causes,:'
over the fubordinate officers of the faid courts, to grant writs of attachment, and
all cafes cognizable before them as aforefaid, be fubjefl to the fame rules and regula- thereof0 *
tions as may be eftablifhed by the judges and attorney and folicitors general, for the or- §{$5^th*
dering and conducing fuits in the fuperior courts ; and in all refpe&s fhall be governed<:ourts•
by that part ofthis a£l re.fpefling the fuperior courts in matters fubmitted to their decifion.
67. And be it farther enabled, That the fum of fifty cents fhall be paid by the plain-
tiff or his attorney, to the clerk, on iffuing the procefs in all fuits under one hundred dol-
lars, and the fum of one hundred cents on all fuits above that fum, to be divided among
the prefiding juflices at each term, which fum fhall be charged in the bill of cofls.
JUSTICES' COURTS.
68. For the more fpeedy recovery of fmall debts, Be it enabled, That the jufli- junsdiaionof
ces of the peace in the refpeflive company diflriCls, or any one or more of them, peace thirty
fhall have authority and jurifdiftion to hear and determine all fuits for any debts ord0llars
liquidated demands, or on account for any fums of money not exceeding thirty dol-
lars, by fummons or warrant: Provided, That no juftice of the inferior court, or Exceptions«
clerk, fheriffor attorney, being a juftice of the peace, fhall try any warrant, or give
judgment thereon in any civil cafe whatfoever. And the faid juflices are hereby
authorized and empowered to give judgment and award execution thereupon : Pro- The party cose
vided neverthelefs, That the party call may flay the levy of execution forty days, or cu3o?ou?
be allowed an appeal on payment of cofls, and giving fecurity within three days af-PW'
ter judgment for the payment of the eventual condemnation money, or the delivery
of the body in difcharge thereof j but no flay of execution fhall be allowed after an
2B8
JUDICIARY SYSTEM.
appeal trial lor a longer term than twenty days, in which cafe the fecurities on the
appeal lhah be liable lor the debt and colts.
Ai*pca!*tobc 69. And be it further enacted, That all fuch appeals (hall be tried before any one
i'lvbrA or more jadices of the peace in the company diftrift in which the defendant refides,
by live jurors, to be drawn, empannclied and fworn, as herein after particularly di-
reeled, and in no other manner whatfoever; whole verdift lhall be final and conclu-
live between the parties: Provided always, That no juftice or julticcs of the peace
lhall hold any jultices' court, or pah any judgment (except by content of parties) on
kiidlS'i0- an7 ot-her or more than one day in each month; which day they may appoint in their
l efpective diftricts; nor at any oilier place than that fpecially mentioned in the war-
rant or flimmons, which warrant or lummons lhall be ferved by a conltable duly ap-
pointed and fworn to the faithful execution of his office, either on the perlon of the
defendant, or by leaving a copy thereof at his ufual and notorious place of abode, at
leaftten days before the day of trial ; and it fhall be the duty of the conftablesin ferv-
ing fummons or warrants, to make an entry offcrvice thereon in writing, and to fign
fuch return.
Ma*haidto 7°* lQe it further enacted. That the faid juftices fhall have the like power and
h'Ai authority to hold to bail, for debts within their jurifdidiion, and under like reltridlions
as herein before pointed out for the fuperior and inferior courts.
And issue at- 71. And be it Junker enabled, That-it fhall be lawful for any juftice of the peace
on complaint to him made on oath, by any perfon, that his del&or is removing
out of the county privately, or abfeonds and conceals himfelf fo that a fummons or
warrant cannot be ferved upon him, to grant an attachment againft the goods and
chattels of fuch debtor, or fo much thereof as {hall be fufficient to fatisfy the debt
and cofts of the complainant; and fuch attachment fhall be publicly advertifed by
the conftable levying the fame, at two or more public places in the diftridl, at leaft
fifteen days; and lhall be made returnable to the next fucceeding juftices'court
thereafter, and fhall be conduced and held by them for debts within their jurifdiftion,
in like manner as attachments iffuing out of the fuperior and inferior courts, except
that the time of trying fuch attachment before a juftice of peace, fhall be at or be-
fore the fecond juftices' court for the diftritl which lhall happen after iffuing fuch at-
tachment; and the faid juftices refpeftively may, and are hereby fully authorized and
empowered, to ilfue attachments returnable to the fuperior or inferior courts, under
like circumftances and in like manner as the judges or juftices of the faid courts are
empowered to do.
Evidence to he 72. And be it further enabled, That in all cafes brought before any juftices court,
requireumiui. the beq- evidence the nature of the cafe will admit of fhall be required, nor {hall any
perfon be permitted to prove his own account by his own oath before fuch court,
without making oath in writing, that he hath no other evidence whereby the fame
setti-off. can be eftablifhed, and in all cafes of mutual debts and fetts-off, the faid juftices may
enter up judgment for the defendant, where it fhall fatisfadlorily appear that there
DiSlmteS re- *s a balance due him, and on motion and good caufe being fhewn on oath by
renyTvkd" either party, the faid juftices may poftpone the trial of any caufe brought before-
tried,owt0be them, not exceeding in all three months; and where any difpute may arife touching
property levied on, it fhall be the duty of faid juftice to iflue his fummons to three
freeholders of the diftrift, whofe duty it fhall be to attend, and after being fworn,
justicesthaji well and faithfully to try the caufe in difpute, to decide thereon; and the place for
own pkces for holding courts in each captain's diftrifl fhall.be fixed on by the juftices thereof, and
ke nearly in the centre of fuch diftrift as conveniently may be*. And no
JUDICIARY SYSTEM.
289
perfon fiiall be permitted by the faid juftices to deny his bond, note or bill for money
No brrA, rote,
or other thing, unlefs fuch perfon ihall firft make affidavit to the truth of fuch ^butouSk
denial.
73. And be it further enaEed, That in cafe any perfon, after being fummoned to
anfwer any complaint for debt before any juftice of the peace, ffiall before the
ting of fuch court, remove out of the diftrift, fuch juftice may neverthelcfs give
judgment againft him; and if any perfon after judgment of fuch court, ffiall remove
out of the diftrifl or county before fatisfaflion made, fuch juftice may iffue execu-
tion againft fuch perfon, which execution being backed by any juftice of the county Execut;on„ent
where fuch perfon may be found, may be levied by any conftable of fuch county,
74. And be it jurther enaEed, That if any perfon ffiall live or refide within any by a
county, for the fpace of ten days or upwards, the fame fhall conftitute and be con-
ititutea reii-»
fidered a fufficient refidence within the fame, fo as to authorize the juftices of fuch Jit"madu
county to proceed againft him before any company diftrift court, as herein before
pointed out, for all debts within their jurifditt ion, which may be contra&ed during
fuch refidence.
75. And be it further enaEed, That in cafe there be no juftice of the peace reft-^*nrn,^fls
dent in any diftriht, then it ffiall and may be lawful for the next neareft juftice to Pr°-
ceed in like manner as if the defendant was an inhabitant of his diftrift; and all cafes'then«t
in which a juftice of the peace may be a party, ffiall be tried in the neareft adjacent
company diftrift, and not within the diftritt in which he may refide.
*76. And be it further enaEed, That it ffiall be the duty of the conftables of the £v? executions
feveral diftrifls, to levy all executions put into their hands, agreeably to the tenor
thereof, and to make due returns of the fame, together with all fummons or warrants5
to the court to which they may be made returnable; and if any conftable ffiall fail
execute and make fuch returns, or to pay to or account with any perfon for whom
he may have received money on execution, within ten days after the receipt thereof, ^*r££S;°"
the perfon fo injured as aforefaid, may, upon application to any juftice within the
diftrifl, obtain a warrant againft him; and fuch juftice ffiall, upon proof theieof,
award judgment and execution for the fame, and all cofts againft fuch conftable,
and alio fine him for fuch abufe in a fum not exceeding ten per cent, on the amount
fo withheld; and in cafe of neglefl or refufal to ferve and return any warrant or
fummons as aforefaid, may fine the conftable fo offending in a fum not exceeding
the amount of the debt due by the defendant; and all conftables ffiall moreover be
fubjeft to be profecuted and tried for mal-praflice in office, in like manner as herein
pointed out for juftices of the peace, and liable to like pains and penalties.
77. And be it further enaEed, That the method of drawing juries for the trial of justices shaii
appeals before juftices of the peace, ffiall be this: The juftices refiding in each cap- the trial of ay
tain's diftrifl ffiall procure from the clerk of the fuperior court a lift of all the perfonsreaU*
liable to ferv'e as petit jurors refiding in fuch diftrifi, and fliall w rite each name on
fuch lift.on a feparate piece of paper, which ffiall be depoftted in an apartment of a
box to be provided by fuch juftices, marked No. 1; and fhall draw fuch number of
names therefrom, not lefsthan five nor exceeding feven, as they may deem neceffary
from time to time, to try the caufes depending before them : which names fo drawn
ffiall be entered in a book by the juftices preftding at the drawing thereof, and fliall
be put into an apartment of fuch box marked No. 2; and after all the names are
drawn from No. 1, they ffiall commence drawing from No, 2, and fo 011 alternately:
Provided, That no juftice ffiall prefumeto draw any jury but on a court day, and in Tobedrav,n
290
JUDICIARY SYSTEM.
public; and that facb jurors lhall be drawn by a perfon not interefted in any fait to
-utsummon* be tried; and any perfon lb drawn, and being fummoned by a conltable live days
before fuch court, neglecting to appear at fach court, may be fined by the juftice or
jullices prefiding, in a fum not exceeding three dollars, unlefsbe lhall Ihew fufficient
caufe of excufe, on oath, at the fucceeding court for fach diftrlbt: And in cafe of
deficiency of jurors to try any caufe; the juftices may direCt a conltable to fill and
complete fuch jury from the by-ltanders; Provided, That there lhall not be lefs than
fcHmmootag ^ree ^ original pannel on fuch jury: And the conltablcs' fees for fummoning a
j»rie». jury lhall be fifty cents for every trial had before fuch jury, and lhall alfo receive
fuch other fees as are given to confiables by the fee bill now in force; and fuch jury
jutics'fee. jhall, for every verdiCt by them given, be entitled to twenty-five cents, to be paid by
the party in whofe favor the verdiCt may be, and to be taxed in the bill of colts,
jurors'oath. 78. And be it further enabled, That the oath to be adminiftered to the jury on the
trial of appeals before juftices' courts, lhall be the fame as is prefcribed for fpecial ju-
rors in the fuperior courts,
justices'fees. 79• And be it further enabled, That the juftices ill all be allowed the following fees:
For making out a fummonsor warrant and hearing and determining the caufe, fifty
cents; for writing and taking a bond or recognizance, twenty-five cents ; for iffuing
an execution, twenty-five cents ; for writing an affidavit and fwearing a party or de-
poncnt where no fuit is depending, twenty-five cents.
nauiiessubmi" ^°* ^ ^ further enabled, That when any perfon charged with any offence and
gj to their or- brought before a juftice of the peace lhall be difcharged for want of fufficient caufe of
commitment, the juftice or juftices may in bis or their difcretion difcharge the party
without cofts, or direCt the coft to be paid by the profecutor.
81. Andbe it further enabled, That the juftices of the refpeClive counties lhall be, and
tofndidtal^f they are hereby declared to be liable to aprofecution and trial, by endi&ment for mal-
f?crc™al~Fac" pra&ice in oftice : And it lhall be the duty of the attorney and folicitors general on
complaint made to them or either of them, on oath by any perfon or perfons, to frame
and prefer an endibtment to the grand jury of the county in which the juftice or juf-
tices complained of may refide, containing the merits of the complaint fpecially fet
forth; which endibtment if found' by the grand jury, after hearing the parties and
their evidences lhall be tried by a jury, and if convibted on fuch endibtment, the judg-
ment of the court may extend to fine or removal from office or either at difcretion.
"Witnesses com- 82. And be it further enabled, That a juftice of the peace may iffue fummons for
tendf witneffes in any caufe to be tried before him, which being ferved three days before the
day of trial, fuch w7itnefs lhall be fubjebtto a fine of three dollars for default, and the
juftice may iffue an execution for the amount, provided fufficient excufe lhall not be
made, at or before the next court'day ; and all fines lhall be paid into the hands of the
inferior court for the ufe of the county. ,
»!«ofhprop«- ^3* -And be it further enabled, That no fales of property taken under execution
cutionfrexc" hereafter be made by any conltable, except on the juftices' court day in every
month, and between the hours of ten and three o'clock in the day; and it lhall be
the duty of conftablesto advertife all intended fales at three or more of the molt pub-
lie places in the proper diftribt, and at one or more of the rnoft public places in the
county, at leaft fifteen days before any fale, and lhall give a full and clear defcription
of the property to be fold : Provided, That nothing herein contained lhall extend to
prevent fales ofhorfes, hogs, or cattle, at any time by confent of the defendant; but
all fales ofproperty by conftables lhall be at the place of holding the juftices' court in
in the feveral company diftribts; except in fuch as include the place appointed For
JUDICIARY SYSTEM.
•holding the fupcrior courts, in which cafe the fales to be made in fuch diflricls fhall
be made at fuch public place.
84. And be it farther enabled, That the refpeBive conflables (hall be allowed twelve c«mtai>;es fee«
and one halftents per day, for the proper carc and fuftenance of each horfe, fix and»tockT"s
a fourth cents for each head of cattle, and two cents each, for hogs and fheep exe-
cuted by them.
85. And be it Jurther enabled, That no conftable fhall be authorized to fell any Miyicr^but
lands, but fhall, where no other (pedes of property can be found, levy on any lands
of the defendant, and deliver over the execution to the fheriff of the county with a Such!aUttnh
return of the land levied on, who (hall proceed to fell the fame with fuch formalities br ^entr.
as are prefcribed for fales of real eftates.
86. And be it further enabled. That all former a£ls for regulating the judiciary
department of this (late, be, and they are are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentalives.
DAVID EMANUEL, Prefiiait of the Senate.
Concurred February 9, 1797.
JARED IRWIN, Governor.
An ablto ratify the refolution of congrefs, explanatory of the judicial power of the United
States.
WHEREAS c^ngr^fs at their feflion began and held at the city of Philadelphia,
on Monday the fecond day of December, one thoufand feven hundred and
ninety-three, have in virtue of the powers vetted in them by the fifth article of the con-
ttitution of the United States, deemed it expedient, to propofe to the legiflatures of the
feveral dates an explanatory amendment of the faid constitution in the words follow-
ing, " The judicial power of the United States fhall not be conftrued to extend to
any fuit inlaw or equity, commenced or profecuted againft one of the United States,
by citizens of another, or by citizens or fubje£ts of any foreign (late, And -whereas
this legiflature doth entirely concur therewith, deeming the fame to be the on-
ly juft and true conttru£tion of the faid judicial power, by which the rights and dig-
J\ity of the feveral dates can be effedlually fecured.
Be it therefore enabled by the Senate and, Houfe of Reprefentalives of the fate of Geor- AmeadMCnt
gia in General Affembly met, That this legiflature have affentedto ratified and adopt-ratificd<
ed, and by thefe prefents do for, and in behalf of the faid date of Georgia fully affent
to, ratify and adopt the aforefaid propofed explanatory amendment in terms thereof.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives»
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred November 29th, 1794.
GEORGE MATHEWS, Governor.
.An aB to give concurrent jurifdiction to the fuperior courts of this fate, with the infe-
rior courts thereof in civil cafes.
i, IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JD Georgia in General Affembly met, two thirds of both houfes concurring therein^
1
292 JUDICIARY SYSTEM.
fSi^ngVa'That from and after the paffing of this aft, the fuperior courts of this ftate ffiallhavc
periorcourts", concurrent jurifdiftion with the inferior courts thereof, in all civil cafes.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate,
A {Tented to February 7, 1799.
JAMES JACKSON, Governor.
Aii aft to amend an aft, entitled " An aft to revife and amend the judiciary fyfem of
this fate,
1. 13 E IT ENACTED by the Senate and Houfe of Reprefentatives. of the fate of
13 Georgia in General AJfembly met, and hy the authority of the fame, it is here-
by enaHed, That the fuperior and inferior courts fhall be held in the feveral counties
at the refpeftive times appointed by an aft, entitled " An aft to revife and amend the
judiciary fyftem of this ftate, fo far as relates to the ^irft terms which fhall happen
superior courts after the pafling of this aft;" and from and after the expiration of the faid firft term
a°yearlifeach8 in each county, the faid fuperior courts fhall be held in each county in the refpeftive
diftrifts twice in every year, by one or more of the judges of the fuperior courts, at
the feveral times herein after mentioned, to wit: In each county in the
EASTERN DISTRICT,
Court days in On the firft Monday in Oftober, in the county of Camden; the Monday there.
2itt?aitcr>dls" after, in the county of Glynn; the Monday thereafter, in the county of M'Intofh;
and the Monday thereafter, in the county of Liberty. On the third Monday in
November, in the county of Bryan; the Monday thereafter, in the county of Bui-
lock; the Monday thereafter, in the county of Effingham; and the Monday there-
after, in the county of Chatham.
SPRING CIRCUIT,
ipring circuit. On the third Monday in March, in the county of Camden; the Monday thereaf-
ter, in the county of Glynn; the Monday thereafter, in the county of M'Intofh;
and the Monday thereafter, in the county of Liberty. On the firft Monday in May,
in the county of Bryan; the Monday thereafter, in the county of Bullock; the Mon-
day thereafter, in tne county of Effingham; and the Monday thereafter in the coun-
ty of Chatham.
And the faid fuperior courts fhall be held at the refpeftive times following in the
MIDDLE DISTRICT.
i*ote«iddie On the firft Monday in March and September, in Columbia; the third Monday
in March and September^ in Richmond; on the firft Monday in April and Ofto-
ber, in Burke; on the third Monday in April arid Oftober, in Scriven; on the fourth
Monday in April and Oftober, in Jefferfon; on the fecond Monday in May and
November, in Montgomery; on the third Monday in May and' November, in
Waffiington; and on the fecond Monday in June and December, in Warren.
And the faid feveral courts fhall be held at the refpeftive times following in the
WESTERN DISTRICT,
in the westera On the laft Monday in February and Auguft, in Hancock; on the fecond Mon-
duuiet. March and September, in Greene; the third Monday in March and Septem-
her, in Oglethorpe; the fourth Monday in March and September, in Jackfon; the
JUDICIARY SYSTEM.
293
firft Monday in Apriiand O&ober, in Franklin; the fecond Monday in April and
O&ober, in Elbert; the third Monday in April and O&ober, in Lincoln; and the
fourth, Monday in April and O&ober, in Wilkes,
2. And be it farther enaBed, That from and after the expiration of the faid fir ft inferior court
term after the pafting of this a&, the inferior courts fhall be held twice in every yearday*"
in each county, by the juftices of the faid inferior courts, or a majority of them, at
the feveral times hereinafter mentioned, that is to fay: In the feveral counties in the
' EASTERN DISTRICT.
On the firft Monday in January, in Camden; on the Monday thereafter, in
Glynn ; on the Monday thereafter, in M'Intofh ; on the Monday thereafter, in Lib-
erty ; on the Monday thereafter, in Bryan; on the Monday thereafter, in Bullock; on
the Monday thereafter in Effingham; and on the Monday thereafter in Chatham;
on the firft Monday in June in the county of Camden ; the Monday after in Glynn;
the Monday after in MHntofh , the Monday after, in Liberty ; the Monday after*
in Bryan; the Monday after in Chatham * the fecond Monday thereafter in Effing-
ham ; and the Monday thereafter in Bullock. And the faid inferior courts fhall be
held at the refpe&ive times following in the
MIDDLE DISTRICT.
On the third Monday in June and December, in Columbia; the fourth Monday Tn the middle
in June and December, in Richmond; the firft Monday in July and January, in wn '
Burke; the fecond Monday in July and January, in Scriven; the third Monday in
July and January, in JefFerfon ; the fourth Monday in July and January, in
Montgomery; the firft Monday in Auguft and February, in Wafhington; and the
fecond Monday in Auguft and February, in Warren; and the faid inferior courts
fhall be held at the refpe&ive times following in the
WESTERN DISTRICT.
On the firft Monday in January and June, in Hancock; on the fecond Monday
in January and June,in Greene; on the third Monday* in January and June, in
Oglethorpe; on the fourth Monday in January and June, in Jackfon ; on the firft
Monday in February and July in Franklin ; on the fecond Monday in February and
July, in Elbert; on the third Monday in February and July, in Lincoln; and on the
fourth Monday in February and July, Wilkes : And tjhc juftices of the inferior courts
may adjourn from day to day until they accomplish the bufinefs of the term.
POWERS COMMON TO BOTH.
3. And be it further enaBed, That the faid fuperior and inferior courts, fhall have EwpSor0'
full power and authority to hear and determine all caufes both civil and criminal of cuurts.'enor
which they fhall fevegally have jurifdi&ron according to the conftrtution and laws of
this ftate, by a jury of twelve men, to be taken from the county, in fiich manner as
fhall herein after be prefcribed, according to the ufages and cuftoms of law.
4. And be it further enacted. That in cgfe of unavoidable accidents, whereby the ciert mj ad-
faid fuperior courts in any county, fhall not be held at the time appointed for holdingJuurncourt*
the fame, it fhall be the duty of the clerk of fuch court to adjourn the fame from day
to day, not exceeding two days; and if the faid codrt fliould not fit within the two
days as aforefeid, fuch clerk fhall then adjourn the fame to the next term.
5.* And be it further enaBed, That the faid fuperior and inferior courts fhall be com-tsofre*
courts of record, and have power to adminifter oaths, and exercife all other neceffar)
powers appertaining to their jurifdi&ions refpe&ively, according to law , and wh.re
any of the faid courts fhall fail to meet; the proceeding in fuc 1 court! ihall not thgie-
by be difcomiiiued, but fhall ftand continued over m the fame manuci as if fuch fail-
2g4 JUDICIARY SYSTEM.
vume„«fr« 'ure had not been ; and all witncffes going to, attending on, and returning from any
ofthe faid couits, (hall be Free frond arreft on any civil procefs.
courtsraay ^ 6. And be it further enaBed, That the faid courts fhall have power on the trial of cau-
SiKapew, Fes cognizable before them lefpefiivcly on ten days' notice, and proof thereof being
sec on trial, previoufly given to the oppofite party, or his, her, or their attorney, on motion to re-
quire either party to produce books and other writings, in his, her, or their poffeffion,
power or cuftody, which {hall contain evidence pertinent to the caufe in queftion,
under circumftances where fuch party might be compelled to produce the fame by
the ordinary rules of proceeding in equity ; and if the plairitiiF fhall fail or refufe to
comply with fuch order, it fhall be lawful for the court on motion to give judgment
againft fuch plaintiff as in cafe of non-fuit; and if the defendant {hall fail or refufe to
comply therewith, the court on motion {hall give judgment againft fuch defendant as
in cafe of judgment by default; and the faid courts refpe&ively fhall have power and
copieson!>vi authority to eitablifh copies of loft papers, deeds or other writings, under fuch rules and
papers. precautions as are or may have been cuftomary and according to law and equity r
Habeas corpus. . And be it further enaHed, That the judges of the fuperior courts, or any one
of them, and the praflices of the inferior courts or any of them in the abfence of
the judges of the fuperior courts, fhall have power to iffue writs of habeas corpus,
and in all cafes to difcharge, admit to bail or remand to jail, any prifoner, according
to their difcretion and the law of the land; Provided, That in all cafes of a capital
nature where a writ of habeas corpus fhall be iffued by a juftice ofthe inferior court,
it fhall beneceffary that one or more of the juftices of fuch inferior court fhall af-
fociate with the juftice granting the fame, at the return thereof, and a majority of
fuch juftices fhall concur in opinion on any decifton or order aforefaid: And it
fhall be the duty of fuch juftices to attend, on one day's notice being given of the
time and place of the return of fuch writ.
Petition PROCESS.
pr«cc»«. ^ further enaBed, That all fuits of a civil nature cognizable in the
faid courts refpe£lively, fhall be by petition to the court, which petition fhall contain
the plaintiff's charge, allegation or demand, plainly, fully and diftin&ly fet forth,
and be figned by the plaintiff, or his, her or their attorney, and to which petition the
clerk fhall annex a procefs, figned by fuch clerk, and bear teft in the name of one of
the judges or juftices of fuch court, dire&ed to the fheriff, requiring the defendant
or defendants to appear at the court to which the fame fhall be made returnable, and
fhall be ferved on the defendant or defendants at leaft twenty days before the return
thereof, by delivering a copy of fuch petition and procefs to the defendant or defend-
ants, or -leaving fuch copy at his, her or their moft notorious place or places of refi-
dence. And if any procefs fhall be delivered to the fheriff or other officer, whofe
duty it fhall be to execute the fame, fo late that it cannot be ferved in manner afore-
faid, twenty days before the fitting of the court to which it fhall be returnable, fuch
procefs fhall not be executed, but the officer fhall return the fame, with the truth of
the cafe. And if any original civil procefs fhall be taken out within twenty days of
the next court, the fame fhall be made returnable to the next court to be held after
the expiration of the faid twenty days, and nototherwife. And all procefs iffued and
returned in any other manner than that herein before dire&ed, fhall be, and the fame
-uywhomissued is hereby declared to be null and void.
Xrc&ed.otn 9. And be itfurther enaBed, That all procefs iffued by the clerks of the faid courts
refps£tively, where the fheriff who ought to execute the fame (half be any wife inter-
efted, fhall be dire&ed to the coroner of fuch county, and ferved and returned by him
JUDICIARY SYSTEM. *95
in the fame manner as is required of ffieriffs. And for the more orderly and regular
proceeding in the faid courts, the following rules and methods (hall be obferved, to
wit: The defendant or defendants fhall appear at the court to which the petition and
procefs fhall be returnable, and on or before the laft day of the faid court fhall make Answer or at-
his, her or their defence or anfwer in writing, which fhall plainly, fully and diftin&lyfence*
fet forth the caufe of his defence, and be ligned by the party making the fame, or his,
her or their attorney; which faid anfwer may contain as many feveral matters, as fuch
defendant or defendants may think necelfary for his, her or their defence: Provided, Thatcdoaoatl1'
no perfon fhall be permitted to deny any deed, bond, bill, fingle or penal, note, draft,
receipt or order, unlefshe, fhe or they, ffiall make affidavit of the truth of fuch anfwer
at the time of filing the fame: And the faid petition and anfwer fhall befufficient to carry
the fame to the jury, without any replication or other courfe of proceedings: AndStsfor0tdefca
no petition, anfwer, return procefs, judgment, or other proceeding in any civil caufe, sLul^mend.
fhall be abated, arrefted, quafhed or reverfed, for any defeft in matter of form, ortera. ie
for any clerical miftake or omiffion, not affefting the real merits of the caufe; but
the court, on motion, fhall caufe the fame to be amended without any additional coft
at the firft term, and fhall proceed to give judgment according to the right of the caufe
and matter of law, as it fhall appear to the faid court, without regard to fuch imper^ ®^torjtobe
feftions in matter of form, clerical miftake or omiffiop; and no dilatory anfwer ffialloath-
be received or admitted, unlefs affidavit be made of the truth thereof. fiu?tcntby
10. And be it further enaBed, That where any defendant ffiall fail to appear and
anfwer in manner aforefaid, the court, on motion of the plaintiff or his counfel, fhall
enter a judgment by default, and*the plaintiff's claim, allegation or demand, ffiall be
tried jn all cafes of judgment by default, by a jury; but no fuch trial ffiall in any continuance.
cafe be had at the firft term; and no caufe whatfoever depending in the faid courts
ffiall be continued more than one term, at the inftance of the fame party. Aftiom against
11. And be it further enafied, That in all cafes where a fuit ffiall be inftitutedin anyjoint obligors-
of the faid courts, on any bond, note or other written obligation, fubferibed by
feveral perfons, who refide in different counties, the plaintiff ffiall have his op-
tion to inftitute his fuit in either of the laid counties, and the clerk ffiall iffue the
original petition and procefs, and a copy or copies in fuch county, againft the defen-
dant or defendants who may refide therein, in-manner directed by this aft; and ffiall
alfo iffue another original and copy or copies thereof for the defendant or defendants,
refident in other county or counties : and it ffiall be the duty of the plaintiff, his agent
or attorney, to caufe fuch original and copies to be delivered to the ffieriff or other
officer in fuch other county or counties, who ffiall execute and return the fame to the
court from whence they iffued, in fuch manner as is herein before direfted, and
on fuch return the plaintiff may proceed as in other cafes-
EXECUTORS AND ADMINISTRATORS.
12. And be it further enabled, That no fuit or aftion ffiall be iffued againft any eSptfS*
executor or adminiftrator for any matter or caufe againft the teftator or inteftate ofSontK*6
fuch executor or adminiftrator in any of the faid courts, until the expiration of
twelve months after probate of the will of fuch teftator, or letters of adminiftration,
granted on the eftate of fuch inteftate. suit* shaii not
And no fuit in any of the faid courts fhall abate by the death of either party, where ofSSftilc
fuch caufe of aftion would in any cale furvive to the executor or adminiftrator, whe- survives.3 M
ther fuch caufe of aftion would furvive in the fame, or any other form, but the fame
ffiall proceed as if fuch teftator or inteftate had not died, under the reftriftions and
regulations following; When a plaintiff ffiall die, in any cafe aforefaid, the executor
296 JUDICIARY SYSTEM.
or admihiftrator of fuch plaintiff fhall, within three months after taking out the pro-^
bate of the will, or letters of adminiftration, give notice to the defendant or defend"
ants by fcire facias, to iffue out of the clerk's office, returnable in the manner herein
sctre facias, before prefcribed for the iffuing and return of procefs; and in cafes where the defend-
ant {hall die, it fhall and may be lawful for the plaintiff to iffue a fcire facias in man-
ner afore faid, immediately after the expiration of twelvemonths, requiring fuch ex-
i^mc-soie. ecutor or adminiffrator to appear and anfwer to the faid caufe.
And where a feme-fole, being plaintiff, fhall marry pending any fuit, the fame fhall
not abate by reafon of fuch intermarriage, but the fame being fuggefied on the record,
fuch caufe fhall proceed in the name of the hufband and wife.
Bail. BAIL.
plaintiff skaii 13* Jje it further enacted^ That in all cafes where bail is requirable, and the
thek^ouitof ptahitiff in any aftion fhall require bail, fuch plaintiff fhall make affidavit before any
duc- judge, juflice of the inferior court, or juftice of the peace within this flate, or any
judge or juftice of a fuperior court of any one of the United States, fhall have annex-
ed thereto the feal of the flate from whepce it fhall come, and a certificate of the;
governor certifying that the perfon taking fuch affidavit is one of the judges or jufti-
ccs of a fuperior court of that ftate, of the amount claimed by him, and that he has
yeasteidethe reafon to apprehend the lofs of the faid fum, or fome part thereof, if the defendant or
isTakc®essbai1 defendants is or are not held to bail, which affidavit fhall be filed in the clerk's office,
end^VseToa10'anc^ copies thereof affixed to the original petition and procefs, and to the copy or co-
SttSSdSy pics thereof and the amount fworn to, fhall beendorfedon the petition and procefs.
SSreeaidt0 14. And be it further ena B cd, That when any civil procefs fhall iffue out of any of
the faid courts whereby bail fhall be required to be taken in manner aforefaid, of any
perfon or perfons to anfwer any aftion in any of the faid courts, the fhcriff or other
officer fhall take a bond with one or more fufficient fecurity or fecurities, for double
the fum fworn to, and, fhall return- fuch bond with the petition and procefs : And in
cafe the fheriff or other officer fhall fail or negleft to take fuch bail, or the bail taken
Mjf 1 be_ba!i dhall be deemed infufficient by the court, on exceptions taken thereto and entry there-
of made at the firft term, to which the faid petition and procefs fhall be returned, fuch
baii? fheriff or other officer, and his. or their fecurity, or fecurities in either of the faid ca-
fes fhall be deemed and ftand as fpeciaf bail, and the plaintiff may proceed to judg-
ment according td the provilions of the aft herein after mentioned. And in all ca-
fes where any defendant or defendants of whom bail fhall be required, fhall refufe to
give good and fufficient bail, it fhallbetheduty of fuch fheriff or other officer to com-
mit fuch defendant or defendants to the cpmmon jail of the county, or if there fhould
be no jail in the county or the fame fhall be infufficient, it fhall and may be lawful for
the faid fheriff or other officer to confine fych defendant or defendants in fomeprivate
houfe : Neverthelefs, fuch pe.rfon or perfons fhall be allowed all thfe benefits of ap-
pearance and defence, as if he, fti£ or they, were perfonally prefent, and fhall not be
arbail,defcia- difcharged out of'cuftody but by putting in bail, or by order of court,
wdtohcspecui ^ JurtJier enaBed, That all, bail taken according to the direftions of
this aft, fhall be deemed, held and taken as fpecial bail, and as fuch be liable to the
SnstSsa recovery of the plaintiff; but the plaintiff, after final judgment, fhall not takeout
sd-fa? execution againft fuch bail, until a capias ad fatisfaciendum fhall be firft iffued thereon,
and the principal cannot be found, and fhall alfo iffue a fcire facias, returnable to the
faid court, which fhall be ferved on the bail at leaft twenty days before the return
thereof; and after the return of fuch ca fa againft the principal, and fcire fa-
cias againft the bail, and judgment thereon, execution may iffue againft the prin-
JUDICIARY SYSTEM.
cipal and bail, or cither of them, or either of their eftates, unlefs the bail (hall
furrender the principal at or before entering up final judgment on the fcire facias,
either in open court in term time, or to the fheriff of the county in which fuch
principal (hall refide, at anytime in vacation: And it fhall he the duty of the court
to order fuch principal into the cuftodv of the fheriff, and the duty of the fherift in
time of vacation to receive into his cuflody fuch principal, and in either cafe to com-
mit him, her or them to jail according to the directions of this aft, any law, ufage
or cuftom,to the contrary notwithftanding.
16. And be it further enacted, That when any fcire facias ifiued according to the
directions of this aft, thall be by the proper officer returned ferved, the bail (hall ap-bail-
pear and anfwer, and the matter be tried at the firft term to - which the fcire facias
fhall be returned, unlefs the bail fhall fhew very fpecial caufe to induce the court to
continue the fame for one term and no longer; and in cafe inch bail fhall not appear
and anfwer in manner aforefaid, the court on motion of the plaintiff, or his counfel,
fhall enter final judgment at the firft term: But if it fhall appear to the court, to surrenderor
which any fcire facias may be returned ferved on the bail, that the principal is C01l-^3!^'
fined in any jail of this ftate, by virtue of any civil procefs, on proof thereof, and
on motion of the plaintiff, or bail, the faid court fhall order and direft, that fuch
principal be retained in jail, where he, fiie or they, fhall reman a prifoner or pri-
doners, until he, fhe or they, fhall have paid the plaintiff's judgment and cofts, or be
otherwife difcharged according to law; a copy of which order being ferved on the
jailor or keeper of fuch prifon before fuch prifoner's releafement, fhall be a fufficient
authority for hint to retain fuch prifoner, until fuch order fhall be complied with,
and fhall alfo be deemed a furrender of fuch principal, and as fuch fhall difcharge
the bail: Provided, That nothing herein contained fhall be fo conftrued as to prevent principal
any perfon, who fhall be furrendered by the bail, pending any aftion, from putting
in other good and fufficient bail, who fhall be fubjeft to the like proceedings, and al-
lowed tffe fame advantages as are herein before prefcribed.
MORTGAGES ON REAL ESTATES,
17. And be it further enaBed, That the method of fpre.clofing mortgages 011 real Foreclosure or
eftates in this ftate, be as follows: Any perfon applying and entitled to foreclofe fuch reaeSltJ!11
mortgage, or his, her or their attorney, fhall petition the fuperior court of the county
wherein fuch mortgaged property may be, ftating the cafe, and the amount of his,
her or their demand, and defcribing fuch mortgaged property; and the court fhall
grant a rule, that the principal, interefl and coft fhall be paid into court within twelve
months thereafter, which rule fhall be publifhed in one of the public gazettes of this
ftate, at leaft once in every month, until the time appointed for payment, or ferved
on the mortgager or his fpecial agent, at leaft fix months previous to the time the mo-
ney is direfted to be paid; and unlefs the principal, intereft and cofts be fo paid, the
court fhall give judgment for the amount which may be due on fuch mortgage, and
order the property mortgaged to be fold in fuch manner as is prefcribed in cafes of
execution, and the money fhall be paid to the mortgagee or his attorney; but where
there fhall beany furplus, the fame fhall be paid over to the mortgager or his agent.
And in cafe of any difpute as to the amount due on any mortgage, if the mortgager
fhall appear within the time prefcribed by this aft, and make affidavit that he hath
^ffnade payments which have not been credited on the faid mortgage, or that he is en-
.titled to fetts-off which in equity ought to be allowed, the court fhall appoint one or
more fit perfon or perfons to credit and liquidate the fame; but either party fhall })e
P P
298 . JUDICIARY SYSTEM.
entitled to a pew trial therefrom, which (hall be tried in like manner as fhall be pre-
fcribed for the trial of appeals in other cafes.
MORTGAGES OF PERSONAL PROPERTY.
On personal l8. And be it further enabled) That mortgages of perfonal property fhall be fore-
ciofed in the following manner; Any perfon or perfons holding a mortgage on per-
fonal property, and wifhing to foreclofe the fame, fhall make application to one of
the judges of the fuperior or juflices of the inferior courts, and make affidavit before
him of the amount of principal and interefl due on fuch mortgage, which affidavit
fhall be annexed to fuch mortgage, and thereupon the clerk of the fuperior or inferior
courts fhall iffiie execution as on a judgment, which execution being delivered to the
fheriff, it fhall be his duty to levy on the property wherefoever the fame may be found,
and after advertifing the fame in one or more of the public gazettes of this flate at
leaft fixty days, the fheriff fhall fet up and expofe the fame to fale, and the money
arifmg from fuch fale fhall be firfl applied to difcharge the amount due on fuch mort-
gage and all legal cofts, and the overplus, if any, to be paid to the mortgager: Pro-
vided always, That if any difpute fhall happen as to the fum due on any mortgage,
that it fhall and may be lawful for the faid judges or juflices of the inferior courts,
'on affidavit, to order fuch fale to be poflponed, the mortgager giving bond with good
and fufficient fecurity in double the fum fworn to be due, for returning fuch property
when called for by the fheriff, which bond fhall be affigned by the fheriff to the
mortgagee, who may fue and recover thereon; but the jury fhall be fworn to give
at leaft twenty-five per cent, damages, in cafe it fhall appear that fuch application was
intended for delay only. And in all cafes where application has been heretofore made-
to the inferior courts for the foreclofure of mortgages of perfonal property, it fhall
and may be lawful, and they are hereby reqiiired to proceed to the foreclofure there-
of, in like manner and order as herein pointed out for the foreclofure of mortgages
on perfonal property.
WITNESSES.
19. And be it farther enaEled, Where the attendance of any perfon fhall be requi-
red as a witnefs in any of the courts aforefaid, in any caufe depending therein, it
fhall be the duty of the clerks of the faid courts refpeftively, on application, to iffue
writs of fubpeena, dire&ed to the perfons whofe attendance fhall be required, where
fuch perfons refide within the county in which fuch caufe may be depending, which
writ of fubpeena fhall exprefs the caufe, and the party at whofe fuit it fhall be iffued,
supanafive and fhall be ferved on fuch witneffes at leaft five days before the court to which it
S£cfor* ffiall be returnable; and which writ fhall be ferved by a fheriff, conftable or fome pri-
vate perfon, and the return of a fheriff or conftable of fuch fervice, or the affidavit
of any private perfon, fhall be fufficient evidence that fuch fubpeena was duly exe-~
cuted.
noniStfor 2°* And be it further enaUed, That where it fhall appear in manner aforefaid, that
<ancc. a witnefs in any caufe fhall have been duly fummoned, and fuch witnefs fhall fail to
appear, it fhall be the duty of the court, on motion, to iffue an attachment againft
fuch defaulting witnefs, returnable to the next court, and fhall fine fuch witnefs in a
fum not exceeding three hundred dollars, unlefs he or fhe fhall make a fufficient ex-
cufefor fuch non-attendance,- which fhall be judged of by the court; but fhall ne-
££££?* verthelefs be fubje£l to the aftion of the perfon at whofe fuit fuch witnefs fhall have
been fummoned, for any damage which he, fhe or they may have fuftained by rea-
fon of fuch non-attendance.
WItnesKS.
JUDICIARY SYSTEM, *33
21. And he it further enabled, That when a fubpoena fhall be ferved on any wit-Mt»t*ttendtui
nets in conformity to this aft, it fhall be the duty of fuch perfon fo fummoned, to at-dlldur8w1,
tend from time to time, until the caufein which fuch witnefs fhall have been fummon-
ed is tried, or be otherwife difcharged by the court.
22. And he it further enabled, That on thelafl day of the attendance of any wit - Theif fee* and
tiefs in each term, it fhall and may be lawful, on application of fuch witnefs, to ex-n2t.ofpa7"
hibit his account for attendance, againft the perfon or perfons at whofe fuit he or they
may have been fummOned, and the judge or prefiding juftice fhall examine and cer-
tify the fame under his hand, which fhall be counterfigned by the clerk, whereupon
fuch account fo certified fhall have the force and effeft of an execution, and may
be levied by the fheriff or conflable, according to the amotint thereof, off the goods
tand chattels of fuch party, in like manner as in cafes of other executions: Provided
taeverthelefs, That where any witnefs fhall claim and levy for more than is really due,
fuch witnefs fhall forfeit and pay to the party injured four times the amount of the
fum fo unjuftly claimed. And no party caff in any fuit fhall be taxed for more thai} two witness
the cofl of two witneffes to any material point in any caufe which fhall be fpecially rSaJoStT***"
certified by the court trying the fame; nor fhall any party be allowed to tax cofts for
different witneffes to different material points, where the fame witneffes fhall be fuffi-
cient, in the opinion of the court, to prove fuch material points.
23. And be itfurther' enabled, That where any Svitnefs refides out of the flate, or ^crTs0^tnri«
out of any coun.ty in which his teftimony may be required in any caufe, it fhall be law-
ful for either party, on giving at leaft ten days' notice to the adverfe party, or his, he}'^county,
or their attorney, accompanied with a copy of the interrogatories intended to be exhi-
Jbited, to obtain a commiffion -from the clerk of the court in which the fame may be
required, direfted to certain commiffioners to examine all and every fuch witnefs or
witneffes, on fuch interrogatories as the parties may exhibit; and fuch examination
/hall be read at the trial on motion of .either party.
SETTS-OFF AND SPECIALTIES.
24. And be it further enabled, That in all cafes of rputual debts and fetts-off, where
The jury fhall find a balance for the defendant, fuch defendant may and fhall enter up Scttirl>f*
judgment for the amount, and take out execution in fuch manner as plaintiffs may do
by this aft : Provided, fuch defendant fhall at the time of filing his anfwer, alfo file
therewith a true copy or copies of the fubjeft matter of fuch fetts-off; and where the
plaintiff fhall be indebted to the defendant on open account for dealings between them-
felves, and where the defendant fhall hold and poffefs in his own right, by affignment,
endorfement or otherwife according to law, any bond, note, bill or other writing, for
money or othpr thing of the faid plaintiff's, fuch defendant fhall and may offer the fame
as fetts-off, and on dye proofs fhall be allowed the fame.
25. And be it further enabled, That all bpnds, and other fpecialties, and promif-
fory'notes and other liquidated demands, bearing date fin.ce the ninth day of June,
onethoufand feven hyndred and ninety-one, \vhether for money or other thing, fhall
be of equal dignity, and be negotiable by endorfement, in fuch manner and under
fuch reftriftions as are prefcribed in the cafe of promiffpry no^es. Provided, That
nothing herein contained fhall prevent the party giving ,any bond, note 01;,other wri,-
jting from reftraining the negotiability thereof, by expreffing in the body thereof fuch
intention.
VERDICTS AND JUDGMENTS.
26. And he it further enabled, That in all cafes where a verdift fhall be rendered, Verdi£lssm$
£he party in \vhofe favor it may be; fhall be allowedto enter and fign judgment thereonjudSIncnt,,
30 0
JUDICIARY SYSTEM.
at any time within four days afterthe adjournment of the court, at the clerk's office, for
the amount of fuch verdid and all legal colts are recoverable thereon, and no execu*
tion lhall iffue on any verdid, until fuch judgment lhall be entered, ligned by the par-
ty or his attorney ; and all the property of the party againft whom fuch verdid lhall
be entered, lhall be bound from the ligning of the firft judgment; but where feveral
judgments lhall be of equal date, the firlt execution delivered to the IherifF lhall be the
suyof execu-firft fatisfied : Provided always, That any party againft whom fuch judgment lhall be
entered, may enter good and fufficient fecurity, either in open court, or in the clerks
office, within the time aforefaid for the payment of the judgment and cofts within fix-
ty days, and if fuch party lhall not pay the fame agreeably thereto, execution may if-
fue againft fuch party, and the fecurity without any other proceeding thereon: And
provided alfo, That in cafe either party lhall be diffatisfied with the verdid of the ju-
ry, then, and in all fuch cafes, either party may, within four days after the adjourn-
Apfeau ment of the court in which fuch verdid was obtained, enter an appeal in the clerk's of-
lice of fuch court (as matter of right) and if fuch verdid lhall be obtained in the infe-
rior court, it lhall be the duty of the clerk thereof to tranfmit fuch appeal to the clerk
of the fuperior court of the county in which fuch verdid lhall be obtained, who lhall
enter the fame on the appeal docket, which appeal lhall be admitted and tried by a fpe-
vponpayment c]a} jury. Provided, The perfon or perfons fo appealing lhall previous to obtaining
tcrinj;security. fuch appeal, pay all cofts which may have arifen on the former trial, and give fecuri-
ty for the eventual condemnation money, except executors and adminiftrators, who^
fhall not be liable to give fuch fecurity, but if on hearing fuch appeal, it lhall appear
Twenty-five to the jury that appeal was frivolous and intended for delay only, they lhall alfefs
per cent, dama- J J r r _ 1 i r i i * 1 • r
damage to the party aggrieved by iuch delay, not exceeding twenty-hve per centum on
LedeiayaloS! thepricipal fum which they lhall find due; and fuch damages as lhall be fo alfelfed
lhall be fpecially noted in the verdids of fuch jurors,, and no perfon lhall be allowed
to withdraw an appeal after it lhall be entered but by the confent of the parties. And
in cafe of a jury committing a contempt, or breaking up before giving in their ver-
did in any civil cafe, the court may declare the fame a mis-trial, and lhall fine each of
His trial. the offending juror or jurors in a fum not exceeding one hundred dollars. And if any
party, plaintiff* or defendant, be hereafter non-luited or call by reafon of the negled
Attorney tiabre or mifcondud of the attorney, who fhall hereafter bring or be employed in fuch fuit,.
tain°cases.cer* in all cafes the faid attorney, lhall pay all cofts that may accrue thereby, and the court
lhall immediately enter up judgment accordingly for the fame-
SdJ£eSuof 2 7' And be it further enabled, That no confeffion of judgment lhall hereafter be
entered up, but in the county where the defendant or defendants may refide, or unlefs.
the caufe hath been regularly fued out and docketed in the ufual way as in other cafes,
nor until fuch caufe be called in order by the court for triab
•K^uStated 2^* ^71^ ^e ^ further enafted^ That no verdid lhall be received on any unliq.uida-
EiX1 a ted demand where the jury have increafed their verdid on account of intereli, nor
fhall intereft be given on any open account, in the nature of damages.
Attorneytopay 29. And be it further enaBed, That where any attorney lhall inltitutea fuit in any
piaiil'tiV ksides of the faid courts, for and in behalf of any perfon who refides out of the ftate, or out
e of the county in which the plaintiff or plaintiffs may refide, fuch attorney
fhall be liable to pay all cofts, in fuch manner as fuch plaintiff would be, were he, Ihe,
or they refident in this ftate, and if any attorney lhall. retain any monies received by
him after being ordered by the court to pay over the fame to his principal, he lhall be
by the court ftruck from the lift of attornies, and never after fuffered to plead in any
court of this ftate.
JUDICIARY SYSTEM.
301
ARBITRATION.
30. And le it further enaBed^ That in all matters fubmitted to reference by par7 Arbitration,
ties, in a fuit under a rule of court or other agreement in writing figned by the par-
ties, judgment fhall be entered up by the party in whofe favor the award is given,
and execution fhall iffue for the fums awarded to be paid as they refpe&ively become
-due, and to be levied on the property of the party againft, whom the judgment {hall
have been entered up, and fuch other proceedings fhall be had thereon by the court,
as in cafes of judgments entered up on verdi£ts of juries. Provided, That nojudg-
ment fhall be entered up on an award,where it fhall appear any other caufe oi4 caufes
ftand oh the docket of the court againft the defendant or defendants, undetermined, be-
fore the caufe in which a rule or other agreement in writing for arbitration is entered.
EXECUTIONS.
31. And It it further enacted, That all executions fhall be iffued and figned by the
clerks of the feveral courts in which judgment fhall be obtained, and bear tefl in the whom directed.,
name of one of the judges or prefiding juflices of fuch courts, and fhall be dirtied to
all and lingular the fheriffs of this ftate, and may be levied on the eftate both real and
perfonal, of the defendant or defendants, or iffue againft the body of the defendant at
the option of the plaintiff; which execution fhall be of full force until fatisfied; with-
out the fame being obliged to be renewed on the court-roil from year4 to year as here-
tofore praftifed. And where the defendant fhall point out any property on which to
levy the execution, being in the hands and poffeffion of any perfon, not a party to
fuch judgment, the fheriff fhall not levy thereon, but fhall proceed to levy on fuch,
property as may be found in the hands and poffeffion of the defendant, who fhall
neverthelefs beat liberty to point out what part of his property he may think proper,
which the fheriff fhall be bound to take and fell firft. Provided, The fame is in the Proviso*
opinion of the fheriff fufficient to fatisfy fuch judgment.
32. And be it further enaBed, That in all cafes where execution fhall iffue illegally, illegality in ex-
and the perfon againft whom fuch execution may be fhall make oath thereof, and c
fhall ftate the caufes of fuch illegality, fuch fheriff fhall return the fame to the next
term of the court out of which the fame iffued, which court fhall determine thereon,
at fuch term. And where any fheriff fhall levy an execution on property claimed ciaim0fpro-
by any perfon not a party to fuch execution, fuch perfon fhall make oath to fuch pro-perty'
perty, and it fhall be the duty of the fheriff topoftpone the fale or future execution of the
judgment, until the next term of the court from whence the execution iffued, and fuch
court fhall caufe the right of property to be decided on by a jury at the fame term,
unlefs fpecial caufe be fhewn to induce the court to continue the fame for one term
and no longer : Provided, The perfon claiming fUch property, or his attorney, fhall claimant to
give bond to the fheriff, with fecurity in a fum equal to the amount of the execution,
conditioned to pay to the plaintiff all damages which the jury on the trial of the right
of property may aflefs againft him in cafe it fhould appear that fuch claim was made
for the purpofe of delay ; and every juror on the trial of fuch claim fhall be fwora
in addition to the oath ufually adminiftered to give fuch damages, not lefs than ten ^n^ceS.*0^
per cent, as may feem reafonable and juft, to the plaintiff againft the claimant, in cafe volous claims*
it fhall be fufficiently fhewn that fuch claim was intended for delay only ; and it fhall
be lawful for fuch jury to give verdift in manner aforefaid, by virtue whereof judg- Burthenof
ment may be entered up and execution iffued againft fuch claimant: And provided
afo, The burthen of the proof fhall lay on the plaintiff in execution. ISy0cxeca.
33. And be it further enaBed, That no fales in future fhall be made by fheriffs oflheVrstT^.
property taken under execution, but on the firft Tuefday in each month, and between
JUDICIARY SYSTEM,
the hours often and tjiree in the day; and it, {hall be the duty of the fheriffs to give
thirty days* notice in one of the public gazettes of theftate, of all fales of lands and
other property executed by him, and alfo advertife the fame in three of the mod
public places in the county where fuch fales are to be piade, and {hall give a full and
complete defcription of the property to be fold, making known the name of the de-
fendant, and the perfon who may be in poffeffion pf the property, except horfes,
hogs and cattle, which may be fold at any time by the confent of the defendant; and
in which cafe it (half be his duty to give the plaintiff ten days' notice thereof, and alfo
to advCrtife the fame in three or more of the moft public places in the pounty where
fuch property may be, at leaft ten days before the fale,
1 4 CLERKS.
gerkMiW 34. And be it fiirther enabled^ That the clerks of the feveral pourts in this date,
{hall copy into a book of record, all the proceedings in all pivil cafes in the faid courts
refpe&ively, which entry of record fhall be made within forty days after the deter-
mination of any caufe; and the faid clerks fhall be allowed the fum of ten cents for
•every hundred words of recording fuch proceeding, to be taxed in the bill of cod.
And the faid clerks fhall alfo keep regular and fair minutes of all the proceedings in
any of the faid courts, which fhall be figned by the judge of the fuperior, or prefiT
ding judices of the inferior courts (as tffe cafe may be) prior to the adjournment
from day to day.
Must bsswoyp 35. And be it further enabled, That the clerks of the faid fuperior and inferior
and courts, hereafter to be appointed, {hall, before they enter upon the duties of their
appointments, and after being commiflioned by the governor, take the following oath
before one of the judges of the fuperior courts, or a judice of the inferior court of
the county; h I do folemnly fwear (or affirm) that I will truly and faithfully enter
and record all the orders, decrees, judgments^ and other proceedings of the fuperior
(or inferior) court of the county of — , and all .other matters and things which
by law ought by me to be recorded, and that I will faithfully and impartially dif:
charge and perform all the duties .required of me, to the bed of my underftanding."
And fhall alfo enter into bond, with ppe or mqre good and fufficient fecurity orfecu?
rities, to the governor for the time being, in the fum of three thoufand dollars, con-
ditioned for the faithful difcharge of the duties required of them: And the faid clerks
fhall in virtue of their offices be judices of the peace, fo far as to adminifter all qath§
appertaining to the bufinefs of their office.
36. And be it further enabled, That ho .clerk of a court pr other perfpn employed
in his office,' ffiall aft as attorney in his own name, or the name of any other perfonj
or be allowed to plead or pra&ife in fuch courts, during the time he ffiall be employ-
Ma^e cicrks ed in fuch office: And that the fame perfon may be clerk pf the fuperior and inferior
ur * court of the fame county: Provided,' That nothing herein contained ffiall extend tp
prevent any officer of the court from profecuting qr defending any fuit to which hp
is a party. * ' ;
LAW DEPARTMENT,
state's attorney 3 7. And be itfurther enabled, That it ffiall be the duty of the date's attorney and folL
&suityt.ors' citors, or one of them, toprofecute all delinquents for crimes and other offences, cogT
nizable by the faid courts,'and all civil aftiops in which this date ffiall be concerned,,
and to give advice or opinion iri writing to his excellency the governor, in queftions
of law jn which the ft ate may be interefted. ' And in cafe it ihould fo happen, that
peitHer the ftate's attorney or folicitors, or either of them, can attend the faid courts,
then the judge prefixing may, and he is hereby authorized and required to appoint
and security*
Their oath.
to aft as
attorney.
JUDICIARY SYSTEM.
3^3
fome attorney at law, to prepare and profecute the endiBments and other bufinefs of
the ftate; and fuch perfon fo appointed {hall be entitled to the fame fees and emolu-
ments therein, as the date's attorney or folicitors would have been entitled to.
JURIES.
• 38. And be it further enacted, That the clerks of the fuperior courts of the re- juries.
fpeBive counties, fhall procure from the tax collector of fuch county, and furnilh
to the court (within two months) a lift of perfons liable and qualified to.ferve as grand
and petit jurors, agreeable to the qualifications herein after prefcribed; and all free
male white citizens above the age of twenty-one years and under fixty years, are
declared to be qualified and liable to ferve as petit jurors for the trial of all civil
caufes for recovery of debts or damages, to any amount whatfoever; but no per-
fon (hall be capable to be of a jury for the trial of treafon, felony, breach of the
peace, or any other caufe of a criminal nature, or of any eflate of freehold, or of
the right or title to any lands or tenements, in any court of record within this ftate,
who fhall not be qualified to vote at elections for members of the legiflature; and if
any perfon not qualified as aforefaid, fhall be returned on any jury, he (hall be dif-
charged on the challenge and proof thereof, of either of the parties to fuch fuit, or
on his own oath of the truth thereof: Provided, That no exception againft any ju-
ror, on account of his qualification, fhall be allowed after he is fworn.
39. And be it further enabled, That the clerks of the feveral courts are required Howtota
in prefence, or under the direftion of the judge or judges of fuch court, to regulatedrawn*
and correBthe feveral jury lifts annually, by particularly fpecifying in diftinB columns,
the perfons molt able, difcreet and qualified as herein mentioned to ferve as grand
jurors; which lift fo correBed, fhall be committed to the fafe keeping of the clerks
of fuch courts refpeBively; and the clerks of fuch courts fhall immediately after re-
ceiving fuch lifts, fairly enter the fame in a book for that purpofe, to be provided
by fuch clerk (at his own expence) diftinguifhing in feparate columns the perfons fe-
leBed to ferve as grand jurors; and thofe for the trial of civil and criminal caufes as
s aforefaid; and the names of the perfons fo feleBed fhall be written on feparate pieces
of paper, and put into the different apartments of a jury box, to be provided by
the clerk at the public expence, in the conftruBion and manner herein after prefcribed,
to wit: There fhall be an apartment in the faid jury box, marked No. 1, in which
fhall be placed the names of all the perfons feleBed to ferve as grand jurors; and
another apartment, marked No. 2, into which fhall be -placed the names of all the
perfons feleBed for the trial of civil and criminal caufes as aforefaid; which box
fhall be kept locked, and no jury fhall be drawn or empannelled, but in the pre-
-fence of one or more of the judges and clerk of the court; nor fhall any clerk of
the court, or other perfon having the cuftody of the jury box, prefume on any pre-
tence whatfoever, to open the faid jury box, tranfpofe or alter the names, except
it be in the prefence of the judge or juftices officially attending for the purpofe of
drawing jurors, or correcting the lifts, under penalty of being dealt with in the man-
ner herein pointed out for mal-praBice in office.
40. And be it further enabled, That the faid judge or juftices and clerk of the court , Not less thin
or perfon having cuftody of the key, fhall previous to the adjournment of any fupe- S^hanuifr-
rior court, or at leaft two months prior to the fitting of the next court, caufe to be t^*£"ndju
*drawn out of the apartment of the faid box marked No. 1, not lefs than twen-
ty-three, or more than thirty-fix names as grand jurors; and out of the appartment NotIcssthm
marked No, 2, not lefs than forty-eight or more than feventy-two names as pe-mK«»se"
tit jurorsj for the trial of civil and criminal caufes as aforefaid; which names fo drawn p<^
3^4
JUDICIARY SYSTEM.
out {hall after an account is taken of them, at each term or time of drawing, be care-
fully rolled up again, and clepofited in the two other apartments to be provided in
fuch jury box, marked No. 3, and 4, to wit: The names of the grand jurors in the
divihon No. 3, and the names of the petitjurors inthe divifion No. 4; and when all
the names fhall be drawn out of the apartments No. 1, and 2, aforefaid, they fhall
then commence drawing from the apartments No. 3, and 4, and return them into the
Nos. 1, and 2, and fo on alternately,
con si st^ofn ot° 41* And be it further enabled^ That no grand jury fhall confift of lcfs than eighteen
KSmoS" or than twenty-three, but twelve may find a bill or make a prefentment, and
Hirec.wenty* that the names of the feveral jurors to be drawn as aforefaid {hall immediately after
they are drawn out, be entered by the clerk on the minute book of fuch court; and if
it fhall fo happen, that from any unavoidable circumftance the judge {hall not attend
at the time appointed for holding the fuperior court of any county, he {hall neverthe-
Juries may be lefs attend in perfon for the purpofe of drawing jurors, or fhall tranfmit to the juftices
inferior court. of the inferior court of fuch county a requeft in writing, that they, or any two
of them, attend at the clerk's office, on fome convenient day, at leaft two months
preceding the next term, for the purpofe of drawing grand and petitjurors in man-
ner herein before direfted; and the faid judges of the fuperior courts are declared to
be refpofible for the legal and regular drawing of juries in the refpeftive circuits in
which they may prefide: And in cafe of fuch unavoidable circumftance, fpecially fta-
ted by any judge of the fuperior court, the faidjuftices, or any'two of them, fhall
and are hereby required to conform to fuchrequefts, by attending and drawing juries
agreeably to this aft: Provided neverthelefs, That where juries have already been
drawn in any county for the next term, under the late judiciary aft, fuch juries ffiall
ftand over, and be confidered as the legal juries under this law.
And summon- 42. And be it further enabled, That the clerk of the court ffiall annex a pannel of
e^bytheshe- the jury containing the names of the perfons drawn to ferve on the grand inqueft,
exaftly tranferibed from the minute book to the precept for fummoning fuch grand
jury ; and ffiall alfo annex another pannel containing the names of the perfons drawn
as petit jurors fpr the trial of civil and criminal cafes, exaftly tranferibed as aforefaid,
to the precept for fummoning the petitjurors, in the mendatory part of which pre-
cept fhall be written the words following, viz. " The feveral perfons named in the pan?
nel hereunto annexed," which precept with the feveral pannels annexed as aforefaid,
fhall be delivered by the clerk of the courj; within three days after the drawing of fuch
juries as aforefaid, to the ffieriff of the county or his deputy.
Ten days be- 43' And be it further enabled, That the ffieriff or his lawful deputy for the time
fere court, being, upon the receipt of any precept for fummoning grand or petit jurors, ffiall
caufethe feyeral perfons whofe names are written in the pannel thereunto annexed, to
be ferved with a furnmons, at leaft ten days before the fitting of the court for which they
are drawn and empannelled; which furnmons ffiall be in the following words, or words
Torm of the cffeft: By virtue of the precept to me direfted, you are hereby command-
•summons. e(j to app€ar before the judge of the fuperior court, at the next fuperior court, to be
held at the court-houfe in and for the county of;—:—, on the day of r9 at ten
o'clock in the forenoon of that day, to be fwprn on the grand jury (or as a juror for the
trial of civil and criminal caufes then and there depending, as the cafe may be):" which ffiall
be figned by the fheriff or his lawful deputy for the time being; which ffieriff or lawful
deputy aforefaid, ffiall make return of all fuch precepts, in each of which he ffiall fet
forth the names of all fuch perfons as ffiall have been fummoned by virtue of fuch
writs or precepts, and the time when they were fummoned, and alfo the names of the
JUDICIARY SYSTEM.
perfons whom l.e may not have fummoned, together with the reafons why they wtere
not fummoned on pain of being fined by the court.
44. And he it further enabled, That the clerk of the court final! make due entry in CtfaU]tingjU.
the minute book of fucli court of the appearance of all jurors, and fhall likewife enterlorb'
and make report of the names of all fuch as fhall make default in appearing; that if
any perfon who fhall be drawn, empannelled, fummoned and returned to ferve as ju-
rors at any court as aforefaid, fhall negleht or refufc to appear, or after appearance
fhall rcfufe to Serve, or fhall abfent Limfelf without leave of the court, then and in
that cafe, it fhall be lawful for the court to fine fuch perfon, if a petit juror, in a
fum not exceeding twenty dollars, and if a grand juror* in a fum not exceedingmay i,e unedtf
forty dollars, unlefs fuch juror fhall fhew good and fufheient caufe of excufe, twen'ty'llollarS'
to be made on oath before any juflice of the peace, and filed in the clerk's office SJtf»grlS
of fuch court, writhin thirty days after opening the faid court; the merits of which ex-Jurcwr'
cufe fhall be determined by the next fucceeding couit ; and when from challenge or
otherwife there fhall not be Sufficient number of juiorst to determine any civil or
criminal caufe, the court may order the ffieriffi or his deputy, to Summon by-ftanders
or others, qualified as herein before required, for the trial of fuch caufe or caufes, fuf-
ficient to complete the pannel; and when the ffieriffi 6r his deputy are disqualified
from afilingin the manner herein expreffed, jurors fhall be fummoned by the coroner,
or fuch other difinterefled perfon as the court may appoint.
45. And be it further enabled, That the oath to be adminiflered to petit jurors in 0athofthei>cty
civil cafes fhall be in the form following : " You (A. B.) fhall well and truly try the ut iaxors'
caufe depending between the parties at variance and a true vcrdibl give according to
evidence : So help vou God."
SHERIFFS.
46. And he it further enabled, That the Sheriffs of the Several counties fhall attend sheriffs,thei»
the Superior and inferior courts in the refpefitive counties when fitting, and by themfelves duty'
or deputies, execute throughout the counties all writs, warrants, precepts and procef-
fes directed to them, and iffiued under the authority of any judge or juflice of the faid
Superior or inferior courts or the clerk of either of the courts; and the faid fheriffs
or their deputies fhall have pow7er to command all neceffary affiflance in the execution
of their duty, and to appoint, as there fhall be occafion, one or more deputies; and
before any fherifffhall enter upon the duty of his appointment and being commiffion-
edby the governor, he fhall be bound for thefaithful performance of his duty, by him-
felf and his deputies before any of the faid judges, to the governor of the flate for the
time being, and to his fucceffors in office, jointly and Severally with two good and fuf- SeSitjr4
ficient Securities, inhabitants and freeholders of the county, to be approved of by the
juflices of the inferior court or any three of them in the fum of twrenty thoufand
dollars, and the faid bond fhall remain in the office of the clerk of the Superior court,
of fuch county, and may be Sued for by order of the faid court, for the fatisfablion of
the public or perfons aggrieved by the mifcondufit of the fheriffor his deputy, and the
faid Sheriff fhall take and fubferibe the following oath, before oneof the judges of the
fuperior, or juflices of the inferior courts, and the fame {hall be entered on the min-
utes of the faid court, before fuch Sheriff fhall enter on the duties of his office, to wTit:
" I do folemnly fwear (or affirm as the cafe may be) that I will faithfully execute all The;r 09tk,
writs, warrants, precepts, and proceffes direfiled to me as ffieriffi of the county of
and true returns make, and in all things well and truly, and without malice or
partiality, perform the duties of the office of fheriffiof during my contin-
Qd
30 6
JUDICIARY SYSTEM.
uance in office, and take only my lawful fees: So help me God." And an oath to
the fame purport fliall be taken by each of the deputies of the faid fheriff in like manner.
47. And be it further enabled, That in cafe of the death of either of the faid flie-
c''IndMct1 ofthe r*^s» deputy or deputies (hall continue in office, unlefs otherwife fpecially remo-
thdr deputies. Vcd, and execute the fame in the name of the deceafed, until another fheriff be ap^
pointed and qualified; and the defaults and misfeafance in office of fu.ch deputy or de-
puties in the mean time, as well before as after the death of fuch fheriff, Ihall be ad-
judged a breach of the condition of the bond given as before direfled, by the fheriff
who appointed fuch deputy or deputies; and the executor or adminiftrator of the de-
ceafed fheriff, {hall have the like remedy for the mifconduff, or misfeafance, or de-
fault in office of fuch deputy or deputies, during fuch intervals, as he would be en-
titled to if the fheriff had continued in life, and in the execution of his office, until
his fucceffor was appointed and fworn.
48. And be it further enabled, That the fheriff of each county {hall, at the expira-
Safei"«ucw"tion of his appointment, turn over to the fucceeding ffieriffs, by indenture and fche-
nisiied bull- dule, all fuch writs and proceffes as fliall remain in his hands unexecuted, who ffiall
I'omplue the duly execute and return the fame; and in cafe any flieriff fliall neglefit or refufeto
turn over fuch procefs in manner! aforefaid, every fuch flieriff fo neglecting or re-
fufing, fliall be liable to make fuch fatisfaCtion, by damages and cofts, to the party'
aggrieved, as he, fhe or they, fliall fuftain by reafon of fuch negleCt or refufal; and
every flieriff, at the expiration of fuch his appointment, fliall alfo deliver up to his fucef-
for the cuffody-of the jail, and the bodies of fuch perfons as (hall be confined therein,
with the precepts, writs or caufes of fuch detention; and fuch fucceeding ffieriffs fliall
be empowered and required to fell and carry into effeCt any levy made by his predeceffors
in office, in like manner as fuch flieriff could have done had he continued therein, and
ffiall make titles to the purchafers for all the property fold under execution, and not
conveyed by his predeceffor.
49. And be it further enabled. That the fheriffs of the feveral counties in tffis ftate,
sheriffs, in ffiall have like powers and authorities, and they, and their under flieriffs and jailors,*
$ifbie"scs conflables and other officers belonging to the court, be liable to all aftions, fuits, pe-,
nalties and difabilities whatfoever, which they or either of them may incur for or on
account of the efcape of prifoners, or for or in refpeCl of any other matter or thing
whatfoever, relating to or concerning their refpeftive offices, in the fame manner as
they have heretofore been liable by laws in force in this ftate; and no ffieriffs, under
flieriffs, deputy or other ffieriff's officer ffiall aft as an attorney at law, in his own name
attorney1.aa"or i" the name of any other perfon, or be allowed to plead or praftife in any of the
courts of this ftate, during the time he is in fuch office.
50. And be it further enabled, That the ffieriff ffiall be liable either to an aftion on
Ares.-,bj:cito cafe, or an attachment for contempt of court, at the option of the party, where-
foracoatBnpt. ver it fliall appear that he hath injured fuch party, either by falfe returns, or by ne-
glefling to an eft the defendant, or to levy on his property, or to pay over to the plain-,
tiff or his attorney the amount of any fales which ffiall be made under or by virtue of
any execution, or any monies colletted by virtue thereof.
51. And be it further enacted. That if any ffieriff, or his deputy or under flieriffs,
endldiwnt'for^la^ guilty of extortion or other mal-praflice in the execution of his office, upon
jgrradic£ in complaint made on oath to the ftate's attorney or folicitors, it ffiall be the duty of
fuch attorney or folicitor to exhibit a bill of endiflment againft the perfon fo offen-
ding, who, upon conviflion thereof, ffiall be fined by the court in treble the amount
which he may have extorted from any perfon? which fliall be applied3 one moiety to
JUDICIARY SYSTEM.
SO/
the injured peiTon, and the other moiety to the ufe of fuch county* and fiiall like-
wife be removed from office, and fuffer fuch other punifhments as the law dire&s.
52. And be it further enaBed, Whenever the IhCrifF of any county within this
(late, (half fail to make proper return of all Writs, executions and other procefs put In what ca?c-
into his hand, or fhall fail or neglett to pay up all monies received on fuch execu- or actachme it
tions, on his being required by the court fo to do, he fhall be liable to an afction as
for contempt, and may be fined, imprifoned or removed from office, in the manner
prefcribed by the conftitution. And removable
SPECIAL POWERS OF SUPERIOR COURTS.
53. And be it further enaBed, That the fuperior courts in the feveral counties,
fiiall exercife the.powers of a court of equity, in all cafes where a common law reme- SfffiSSi
dy is not adequate, to compel parties in any caufe to difcover on oath, all requiiiten0rc0Ult
points neceffary to the inveftigation of truth and juftice, to difcover tranfaBions be-
tween co-partners and co-executors to compel diftribution of inteftate eftates and
payment of legacies, and to difcover fraudulent trfinfaBions for the benefit of
creditors, and the proceedings in all fuch cafes fhall be by bill, and fuch oth-
er proceedings as are ufual in fuch cafes until the fetting down of the caufe for trial,
and the courts fhall order the proceedings in fuch manner, as that the fame fhall be
ready for trial at furthefl at the third term from the filing fuch bill inclufive, unlefs ve-
ry fpecial caufe be fhewn to induce the court to continue the fame which fhall not
extend to more than four terms. And all fuch bills fhall be read and fan&ioned by one
of the judges, and a copy thereof ferved on the oppofite party at leafl thirty days be-
fore the filing of fuch bill in court, and the party againft whom fuch bills fhall be filed,
fhall appear and anfwer to the fame at the next court, and if he, ffie or they, fhall
fail to do fo, the fads in the faid bill fhall be taken pro confeffo, and the court may
proceed to decree as to juftice fhall appertain.
54. And be it further enaBed, That where either party in any caufe in any inferi-
or court fhall take exceptions to any proceedings in any cafe, affecting the real mer- Exceptions
its of fuch caufe, the party making the fame fhall offer fuch exceptions in uniting,
which fhall be figned by himfelf, or his attorney, and if the fame fhall be overruled bv certiorari,
the court, it fhall and may be lawful for fuch party on giving twenty days' notice to
the oppofite party or his attorney to apply to one of the judges of the fu-
perior court, and if fuch judge fhall deem the faid exceptions to be fufficient, he
fhall forthwith iffue a writ of certiorari direfted to the clerk of fuch inferior court, re-
quiring him to certify and fend up to the next fuperior court to be held in the faid
county, all the proceedings in the faid caufe, and at the term of the fuperior court to
which fuch proceedings fhall be certified, the faid fuperior court fhall determine
thereon, and order the proceedings to be difmiffed, or return the fame to the faid in-
ferior court with order to proceed in the faid caufe.
55. A nd be it further enaBed, That the faid fuperior courts fhall have power
corred errors, and grant new trials, in any caufe depending in any of the faid fuperi- g»nt new
or courts in fuch manner and under fuch rules and legulations as they may eftablifh,
and according to law, and the ufages and cuftoms of courts.
56. And be it further enaBed, That when a caufe fhall be committed to a fpecial
jury, the oath to be adminiftered fhall be in the words following, to wit : You fhall oath of the
well and truly try the caufe now depending between (A. B,) plaintiff and (C. D,) de-spec,aljury*
fendantand a true verditt give, according to equity and the opinion you entertain of
the evidence produced to you to the beft of your (kill and knowledge, without favor
2
,p8 JUDICIARY SYSTEM,
or uTcction (o either party*: So help you God." And the fame oath to be ad-
miniftered to juries on appeals,
tn ii. ^ jnd la it further enafted, That in any cafe which has arjfen fince the figning
the prefent conftitution, or which may hereafter arife of a verdict of a fpecial jury be-
1115 given contrary to evidence and the principles of juftice and equity, it {hall and
ma/ be lawful for the judge prefiding to grant a new trial before another fpecial
jury, in the manner prelcribed by this aft : Provided, That twenty days' notice be
given by the party applying for fuch new trial to the adverfc party of his intention
and the grounds of his application. And the faid judge fhall in all cafes 6f applica-
tion for new trials, or correction of errors, enter his opinion on the minutes of the court
for his determination on each refpeftive cafe.
t ow to be con- 5^' ^n^ ^ further enacted. That all new trials {hall be had by a fpecial jury
iu*„d. t0 taken from the grand jury lift of the county, and ftruck in the prefence of the
court, in the following manner : The clerk {hall produce a lift of the original pannel
of grand jurors returned to the term in which fuch trial fhall be had, from which the
parties or their attornics fhall alternately ftrike out one until only twelve fhall remain,
who {hall forthwith be empannelled and fworn to try the caufe; and in all cafes the
party applying for fuch new trial fhall ftrike firft ; and in cafe of refufal in either to
ftrike, on the calling of the caufe, the judge prefiding {hall order fome officer of the
court or other perfon to proceed to ftrike the faid jury indhe fame manner as the par-
ty refuting might or could have done. And it fhall be the duty ofallperfons fum-
moned on the grand jury, to attend the courts for the purpofe of determining fuch
new trials, whether they be fworn on the grand jury or not.
Annual con- 59. A tid heitfurther enacted, That the judges of the fuperior court fhall meet at
iXe°at°Lou- the feat of government annually, on the fecond Monday in January, for the pur-
isville on the r r n • 1 1 i • pi . j 11 rt
j^ndayin pole or forming rules and regulations lor the government or more orderly proceed-
ing in faid courts, for determining on fuch points as may be referved for argument,
and which may require an uniform deciffon, and to give their opinions on all confti-
tutional queftions which may be referred to them by the executive department; and
Testimony to judges, or any of them, fhall have power to perpetuate teftimony on fuch
beperpetua- terms anc[ jn fuch manner as is ufually praftifed in courts of equity,
judgesto 60. And he it furthtr enaBed, That the faid judges fhall prefide alternately in each
alternate. ^ ^ cjrcujts or diftrifts.
REPEALING CLAUSE AND- PROVISO.
Repealing 61. And he it further enatfed, That the aft, entitled " An aft to revife and amend
clause. the judiciary fyftem of this ftate," paffed at Louifville, on the ninth day of February,
one thoufand feven ^hundred and ninety-feven, from the firft to the fixty-feventh
proviso. claufe, inclufive, be and the fame is hereby repealed: Provided neverthelefs, and he
it further enaBed, That the faid recited aft fhall continue in force, fo far as relates to
proceedings which originated under it; and that any perfon or perfons who has or
have applied for an appeal from any verdift rendered in any caufe tried fince the
figning of the conftitution, in either of the fuperior or inferior courts of any of the
counties in this ftate, and offered t*o pay coft and give fecurity, agreeably to the faid
recited aft, {hall be, and they are hereby declared to be entitled to have fuch appeal
entered on the appeal docket of the fuperior court, in the county where the firft trial
was had, on payment of cofts and entering fecurity, at any time prior to the firft day
of the next term, in cafes where the fame has not been done; and it {hall be the duty
of the faid fuperior court to call and try the fame before a fpecial jury of the county,
in the order it lhall or may ftand on th6 docket, in manner pointed out by the faid
LANDS AND TENEMENTS.
309
atl; and all fuits returned in any of the faid courts prior to figning the conftitution,
Hi ail be tried, and appeals {hall be allowed and tried, in conformity to the provifions
of the laid act: And provided alfo, That nothing herein contained (hall prevent any
pcrfon or perfons aforefaid, from applying for a new trial, if he, the or they may
think proper, which the judges, or one of them, fhall grant, if the fame can be done
on proper and legal grounds, as in cafes arifmg under this aft. That no judice of
the peace (hall fuftain or try any fatisfaflion in damages for any trefpafs on the per-paS5,
fon or property of fuch plaintiff.
62. And be it further enacted, That his excellency the governor, on application of
either party to a caveat depending before him, fhall have power to iffue commiffions tfiegovernor,
to obtain evidence neceffary for the determination of fuch caveats.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefdent of the Senate.
Affented to February 16, 1799.
JAMES JACKSON, Governor.
LANDS AND TENEMENTS.
An add for cfiablifJiing and confirming the titles of the fever al inhabitants of this pro-
vinceto their refpehlive lands and tenements.
1. T? OR AS MUCH as many fuits and conteds may arife by means of pretended preamble.
A ancient titles to lands and tenements, derived from and under the late lords
proprietors of Carolina, the conditions of which titles have not been complied with,
and the lands have fince been regranted: for remedy and prevention whereof, Be it ®»®^ss°alLd
enabled) That all and every perfon and perfons, that are now poffeffed of or do m*majesty,
hold any lands or tenements whatfoever within the faid province of Georgia, by and
under grants from the late honorable truflees for eftablifhing the colony of Georgia,
or by and under grants from his majefly, obtained fince the furrehder of his charter of
the faid truftees, are hereby eftabliftied and confirmed in the poffeffion of their feveral
and refpeftive lands and tenements; and fuch grants thereof are hereby accordingly
ratified and confirmed, and declared to be good and valid to all intents and purpofes
whatfoever, againft all, and all manner of perfons claiming any eftate or intereft
therein, by and under the faid lords proprietors of Carolina, or by or under any
former grants, obtained before the date of his majefly's charter to the faid truftees for
cftablifhing the colony of Georgia, any aft, law or ftatute to the contrary notwith-
Handing.
By order of the Upper Houfe.
PATRICK HOUSTOUN.
By order of the Commons Houfe of Affembly.
DAVID MONTAIGUT, Speaker.
Council Chamber, 24th. November, 1759.
Affented to.
HENRY ELLIS,
310
LANDS AND TENEMENTS.
An aU for ihe better flrengthening and fettling this province, by compelling the fever al
perfons who claim to hold lands within the fame, under any grant or grants from his
majejly, witneffed by the governor of South-Carolina, to bring or fend into this pro-
vince a number of white perfons, or hegrocs> in proportion to the lands they claim to
hold, agreeably to his majejty's royal infractions for granting lands, and to cultivate
and improve the fame; and for better afcertaining the faid fevered trctCis of land,
by regulating the purveys and marking the lines thereof and recording the fever al
plats in the furveyor generals office; alfo for regifering and docketing fuch grants
in the other proper offices in this province.
1. T LHEREAS fundry perfons hold or claim to hold great trafls and quantities
V V of very valuable lands to the fouthward of the river Alatamaha, within
this province, by virtue of or under grants from his majefty, witneffed by the go-
vernor of South-Carolina, on pretence that thofe lands were then in the faid province
of South-Carolina. And whereas it will be highly prejudicial to this province, in
cafe the faid grantees do not bring or fend into the fame a number of white perfons
or negroes, in proportion to the lands they hold or claim to hold as aforefaid, agree-
able to his majefty's royal inftruflions for granting lands, in order to cultivate and
improve the fame, or other lands within this province:
And whereas the furveys, or pretended furveys of the faid lands, or the greateft
part thereof, were made with fo much precipitation, that from various informations
received, it appears very few, if any ofthe faidtra&s of land were adluallyN furveyed,
or the lines run, and trees marked, agreeable to the ufual and (landing inftru&ions in
that particular, and which is abfolutely neceffary for afcertaining the fame, by reafon
whereof not only great frauds and abufes may be committed a.s well with refpeel to
his majefty's rights, as in diminution of the public or provincial tax, but alfo for
want ofthe lines being actually run and marked, the taking up and improvement of
the other lands contiguous to thofe granted in Carolina as aforefaid, is greatly oh-
Unified; for few or no lines appearing, and no records or entry of the faid plats
and grants being madein any ofthe offices in this province, by which the fituation of
the faid lands may in any wife be difcovered, or afcertained ; the furveyor general
and his deputies cannot know how, or where to execute or run out fuch warrants for
furveying and laying out the contiguous lands, as are now iffued by the governor of
this province, to or for any perfon or perfons duly qualified to obtain the fame;
wherefore for remedy of all frauds, abufes, injuries, and inconveniences in and about
the premifes : Be it enabled, That all and every perfon and perfons whatfoever to
StFs'witneL- whom any lands now within this province, have been granted by any grant or grants
vcmorofsouth from his majefty witneffed by the governor of South-Carolina, or their heirs and affigns
south of the refpedively, and all others whatfoever, holding, or claiming to hold any lands within this
ha. how^obe" province under fuch grants as aforefaid, fhall and do within fix months from and af-
-andcsubiSh- ter his majefty's royal approbation of this a6l fhall be received by the governor or com-
mander in chief of this province lor the time being, or notified to him and publiffied
in the gazette of this province, appear before the faid governor or commander in
chief in council, in their own proper perfons, or by their attorney or attornies lawful-
ly conftituted and appointed, and lhall produce his, her and their grant, or grants for
from, or under them lhall be null and void, and the lands fo held, or claimed to be
any lands fo held or claimed to be held by him", her or them as aforefaid ; and if fuch
grantee, or grantees or thofe claiming under them lhall appear perfonally, then he, Ihe or
the}, fhall make proof upon oath, and in fuch other and further manner as may be required
tothelatisfattionof the faid governor or commander in chief and council, that he, Ihe or
LANDS AND TENEMENTS.
they, refpectively have within this province, a family of white perfons or negroes,
amounting in the whole to the number of one perfon for every fifty acres of land con-
tained in their refpe£live grantor grants (allowing an hundred acres for the mailer or
head of fuch family if he lhall be come to fettle within this province) agreeable to his
majefty's royal inftru&ions for granting lands to any of his fubjefls in this province.
And fhall alfo prove upon oath, and give fuch further fatisfablion and affurance to the
faid governor or commander in chief and council as they fhall require, that the ne«
groes fo brought into this province by him, her, or them, are brought bona fide, with
an intention to fettle and improve the lands, fo held, or claimed to be held by him,
her, or them, or to cultivate and improve other lands within this province, and not
with any fraudulent, or fecret intention of removing them, or any of them back, or
carrying them, or any of them out of the faid province again, after having obtained
an admifiion or allowance of his, her, or their qualification in fupport of the faid
^rant or grants, to and for the lands held, or claimed to be held by him, her, or them
refpeftively.
2. And be it further enaBed by the authority aforefaid, That if fuch granteeor gran- such grantee*
tees, or any or either of them, their heirs or affigns, or any other perfon or perfons
whatfoever, holding or claiming to hold any lands within this province, under fuch
grants as aforefaid, fhall appear by his or their attorney or attornies, that then and in theso"-™or-
fuch cafe, every attorney or attornies fhall and do not only produce the grant or
grants of his and their conflituent or conftituents, but alfo an affidavit made by fuch
con diluent or conftituents refpedtively, in the form following, that is to fay : " I, A. B. Formofthe
of (inferring the perfon's name and place of abode) do folemnly and fincerely fwear jnaffulavit-
theprefenceof Almighty God, that I have fent into the province of Georgia (i'nferting
the number) flaves, my own property, and that the faid (inferting the number) flaves
are by me bona fide intended to remain and be employed in the cultivation of lands
or otherwife, in the faid province, and that I have not fent the faid negroes into that
province with a view, or fecret intention to obtain an admiffion, or allowance of my
qualification (as required by the adt of affembly of the faid province in that cafe
made and provided) in fupport of my grant from his majefty, witneffed by the go-
vernor of South-Carolina, for (infert the quantity) acres ofland, to the Fouthward of
the river Alatamaha, in the faid province of Georgia, and after having fo obtained
fuch admifiion or allowance of my qualification as aforefaid in fupport of the faid
grant, then fraudulently to remove the faid negroes, or any of them, back again, or to
carry or fend them, or any of them out of the faid province : So help me God;"
and which faid oath fhall be made and taken by every fuch perfon and perfons as
aforefaid, before the chief juftice of the faid province of South-Carolina, for the time
being, or ope of the affiftant judges in the faid province, and fhall be attefted by fuch
judge, ana have a teftimonial under the great feal of the faid province, in the manner With a ten;-
ufually done in cafes of affidavits, tranfmitted to be made ufe of as proof or evidence P"Seainof
in other provinces and places; and after being produced before the governor or com- nafnnfxeaf
mander in chief of this province in council as aforefaid, the faid affidavit and affidavits
fhall be lodged and remain with the clerk of the council, and on all future occafions
whatever, (hall be deemed, held, and allowed as. legal evidence, either for or againft
the faid party, in all courts and places whatever, within this province. And fuch
attorney or attornies, fhall alfo give fuch further fatisfa&ion and affurances, as the go-
vernor or commander in chief and council fhall require.
Provided neverthelefs, That where any of the faid grantees, or thofe claiming un-Abse„tgra#.
der them, during the time allowed for producing his, her or their grant or grants, and lcest*i:e;I*d'
LANDS AND TENEMENTS.
pci forming the fevcral other matters and things hereby required, fhall be abfent from
the faid province of South-Carolina, in Great-Britain or elfewhere, that then fuchab-
lent perfon or perfons, may be permitted to give proof of, and in the premifes afore-
laid, under the mayoralty feal of any corporation, or if in any other province, then
under the feal of fuch.province, inllead of the oath hereby required to be made in, and
produced under the feal of the province of South-Carolina ; and in all other refpccis
to do and perforin as is herein required of thofe who atlually refide in South-Carolina,
and yet appear by attorney, any thing herein contained to the contrary notwithftand-
ing. ■ -
wi-.cve and in 3. And be it further enaBed by the authority aforefaid, That upon the qualification
qualifications of any fuch perfon or perfons as aforefaid, for the lands contained in any fuch grant
toVrccOTdcd. or grants, being admitted and allowed of by the faid governor or commander in chief
and council, all and every fuch perfon and perfons fhall and do, within three mbnthj
from the time of allowing and admitting fuch qualification, record his, her or'theif
, plat or plats in the furveyor general's office, and regifter his, her or their grant iSr
grants in the regifter's office, and alfo enter a docket thereof in the auditor's office
in this province. And if any of the faid grantees, their heirs or affigns, or others
claiming by, from or under them, fhall refufe or. neglefil, either perfonally, or by
his, her or their attorney or attornies as aforefaid, to produce his, her or their grant
or grants, within the faid term of fix months as aforefaid, from and after his majef
ty's royal approbation of this ah, fhall be received by the governor or commander
in chief of this province for the time being, or notified to him and publiffied in the
gazette of this province as aforefaid, or either, perfonally or by his, her, or their attor-
ney or attornies as aforefaid, to make proof and give fuch affurance as aforefaid, to
the fatisfahion of the faid governor or commander in chief and council as aforefaid,
with refpefl to their qualification, to have and to hold the lands refpehively claimed
by them as aforefaid, and to cultivate and improve the fame, or other lands within this
province, or to record their plat or plats, or to regifter and docket their grant or
grants, after his, her, or their claim, or qualification, allowed as aforefaid, within the
time limited as aforefaid, for that purpofe ; that then in any, or either of the faid cafes-
of refufal or neglefl to do any or either of the matters and things herein and hereby re-
de„ quired, the faid grant, and grants fliall be null and void, and the faid lands fo held or
elairncd to beheld by fuch perfon or perfons refpeflively, is hereby exprefsly declared
complyIvitfr to he forfeited to, and revelled in his majefty, his heirs and fucceffors, and fhall from
tins act. thenceforth be deemed held, and taken to all intents and purpofes as vacant land, and
it fhall and may be lawful to and for the governor or commander in chief of this "pro-
vince for the time being, with the advice of the council, to order warrants for furvey-
ing, and to proceed to grant the fame to any perfon, or perfons whatever purfuant to
his majefty's royal commiffion and inftruftion for that purpofe.
Land -fflpr°- 4' And be it further enaBed by the authority aforefaid) That if on producing the
XSfgF* laid grants or any or either of them, it fhall appear by the plats annexed to the fam§,
Tcyed. and certified by the furveyor general of South-Carolina, that the faid lands have not
been actually furveyed and admeafured, the lines and trees thereon not being fet down
and marked according to the diretlion of the ufual and {landing inftrufilions given for
furveying and admeafuring lands, and for marking, the lines and returning the plats
thereof; or if the faid governor or commander in chief and council fhall have any other
caufe or reafon to believe the faid lands have not been aflually admeafured as aforefaid,
or that any abufe has been committed in the furveying and admeafuring the fame,,
that then, and in either, and every fuch cafe, before the faid grants are regiftered and
LANDS AND TENEMENTS. 353
docketed in the offices aforefaid, it fhall and may be lawful for the governor or
commander in chief in council, to order the faid lands to be refurveyed, and every fuch
UaBof land (hall within fix months thereafter be accordingly refurveyed by the furvey-
or general of this province, or fuch perfon or perfons as he fhall appoint at the ex-
pence, cofts, and charges of the refpeBive grantees, or thofe claiming to hold under
them, fo that the fituation and quantity of land fpecified in fuch grant may be known
and afcertained, and that all frauds and abufes and other inconveniences may be
prevented.
5. And it is hereby further enaBed and declared by the authority aforefaid, That if gYftftobe
any perfon or perfons whofe plat or plats annexed to his, her or their grant or grantsvoid*
fhall appear irregular and defeBive as aforefaid, or who fhall for any other caufe or
reafon, by order of the governor or commander in chief in council, be direBed to
get the lands they claim to hold refurveyed as aforefaid, fhall refufe, neg'ieB or de-
lay to caufe and procure fuch refurvey to be made and returned into the faid fur-
veyor general's office, within the time limited as aforefaid, for that purpofe, that, then
and in every fuch cafe, the faid grant and grants for the lands fo held, or claimed to
be held by fuch grantee, or grantees refpeclively, and all others claiming to hold, by,
from, or under them fhall be null and void, and the lands fo held, or claimed to be
held by fuch perfon or perfons refpeBively, is hereby exprefsly declared to be for-
feited to, and revelled in his majefty, his heirs and fucceffors, and fhall from thence-
forth be deemed, held, and taken to all intents and purpofes as vacant land, and it
fhall and may be lawful to, and for the governor or commander in chief of this pro-
vince, for the time being, with the advice of the council to order warrants for furvey- And may be
ing, and to proceed to grant the fame to any perfon or perfons whatfoever, purfuantgraiiteiU
to his majefty's royal commiffion and inftruBionsfor that purpofe.
6. And be it further enaBed by the authority aforefaid, That neither this aB, nor any ThisafUuspen-
thing therein contained fhall be of any force or effeB, but the fame wholly fufpended, Jty^appr^"
Until his moll facred majefty's royal approbation and allowance thereof fhall be figni- lon'
fied to the governor or commander in chief of this province, for the time being, any
thing herein before contained to the contrary thereof in any wife notwithftanding.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
By order of the Commons Houfeof Aflembly.
ALEXANDER WYLY, Speaker.
Council Chamber, March 25, 1765.
Affented to. JAMES WRIGHT.
An aB to prevent frauds and abufes in the admeafuring and laying out his majeftys
lands in this province,
t. WTHEREAS frauds and abufes have been committed in admeafuring, and Preamble.
V V laying out his majefty's lands in this province, owing to the praBice of bearing
the chain by negroes, and by white perfons not fworn to the faithful performance of
that fervice,on thefeveral furveys which the deputy furveyors are employed in; where-
by it often happens, that the quantity of land direBed to be laid out by the warrant of
furvey, doth, in the field far exceed the number of acres reprefented by the plat, re-
Rr
3*4
LANDS AND TENEMENTS.
turned to be annexed to the grant of fuch land, and tends to defraud the public of the
taxes, and hismajefty of his quit rents, on the furplus meafure of fuch incorrect and
unjuft furveys, which abufe in many inftances, is not in the power of the furvevor
general, or his deputies timely to deted: to prevent therefore the like injurious prac-
tices for the future, and for the better enabling all furveyors to be exaft in their fur-
fo^n6worneby veys? -&e it enaclsd, That after two months from the paffing of this ad, no furvey*
.urveyors. or {hall make any furvey of his majefty's lands without chain carriers fworn to mea-
fure juftly and exaflly, according to the beft of their knowledge, and to deliver their
accounts thereof, truly to the furveyor; which oath every furveyor in the feveral
divihons and parifhes of this province, is hereby empowered and required to admirf-*
ifter accordingly.
Deputy survey- 2. And be it further enaBed by the authority aforefaid, That all deputy furveyors
#mu esworn- already appointed fhall, within two months from the palling of this aft, take the
following oath before the governor or commander in chief for the time being; arid
all deputy furveyors that may hereafter be appointed fhallin like manner take the farne
Their oath, oath, before he enters on the execution of his office, viz. 44 I, A. B. do folemnly
and fmcerely fwear, in'the prefence of Almighty God, that J will, according to the
beft of my (kill and knowledge, well and faithfully execute the office of a deputy; fur-
veyor, and that I will not wittingly or willingly aflent to, connive, permit or fuffef
any fraud or abufe in admeafuring or laying out lands for any perfon or perfons
whomfoever; and that I will not poftpone executing any warrant, or give undue pre-
ference to any perfon or perfons on any account whatfoever; and will in all refpeds
well and truly obferve and follow the inftrudions given me from time to time, by his
majefty's furveyor general. So help me God."
shallgivebond 3. And be it further enaBed^ That every deputy furveyor, before he enters upon
security. ^ executjon 0f his office, fhall give bond to his majefty, with one or more appro-
ved fecurities, in the penalty of two hundred pounds fterling, for the faithful and ho-
neft performance of his office, and for the due obfervance of the inftrudions given
Instruftions to him by the furveyor general, which inftrudions fhall be recorded by the faid deputy
t^secrrecary"s furveyors in the fecretary's office of this province within thirty days after receiving
the fame.
or?shaiiSforfe!t 4* ^ further enaBed, That where any undue or fraudulent furvey of lands
pounfs"orfrau-ffiall be made by any deputy furveyor, fuch deputy furveyor for every fuch offence,
auIentsurveys'upon due proof thereof upon oath by one or more creditable witnefs or witneffes,
fhall forfeit and pay a fum not exceeding one hundred pounds fterling, to be fued for
and recovered with full cofts of fuit, in the general court of pleas of this province,
by adion of debt, bill, plaint or information, wherein no wager of law, privilege
or protedion fhall be allowed, or any more than one emparlance, which penalty fo
new applied. to be recovered fhall be one moiety to the perfon who fhall make information there-
of, and fue for the fame, and the other moiety to the party or parties aggrieved,
continuation 5. And be it further enaBed, That this ad; fhall continue and be in force for the
•f this a«. fpace 0f three years, and from thence to the end of the next feffion of the General Af-
fembly, and no longer.
By order of the Commons Houfe of Affembly.
ALEXANDER WYLY, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefiient,
Council Chamber, 5th March, 1765.
Affented to. JAMES WRIGHT,
LANDS, PARTITION OF.
Jn aUto empower the general court of pleas to grant writs of partition of lands and ten-
ements held in coparcenary,■ joint tenancy and tenancy in common, in this province, and
appointing the method -of proceeding therein.
u. \X7J$]£$-LAS it would be inconvenient in this province to purfue the method preamble.
. , V V of dividing lands and tenements by writ of partition as praciifed in Great-
Britain ; ; and it appears neceffary to provide a more eafy and lefs expenlive manner
qf obtaining partitions.
Be it therefore enacted, That „in all cafes where any perfons being of full age are parM ^
feized of lands in coparcenary, joint tenancy, or tenancy in common, or where an) tuuc
lands {hall defcend, or be given to any perfon or perfons whatever in coparcenary, obuincu.
joint tenancy or tenancy in common, and no provilion {hall be made by will or oih-
erwife how luch lands, or tenements fhall be divided; it (hall and may be lawful for
fuch perfons being of full age, or either of them, immediately, and alio for any one of
fuch coparceners, joint tenants, or tenants in common, who maybe under age, when,
and fo foon as he, or {he (hall attain the age of twenty-one years, to apply to the gene-
ral court of pleas, for a writ of partition (to be devifed and framed in the faid court ac-
cording to the nature of the cafe) and in cafe he, or {lie, fo coming of age {hall neg-
le&.fo'.to do, within thefpace of twelve months, that then the guardian or guardians of
him, her or them, remaining under age, fliall be, and he, the or they, is and are hereby
empowered, if he, flie or they, fliall think fit, to apply to the faid court for a writ of
partition ; of which application twenty days' notice fliall be. given to the other parties Twcrty<Llyg.
concerned, their agents, or attornies; and upon any fuch application, and affidavit ™VKcatifon.ie
made of due notice having* been given ^asaforefaid; it fliall and may be lawful for the
faid court to examine the petitioner's title and part or ffiare of the premifes to
be divided, and thereupon to ilfue a writ of partition dire&ed to any eleven perfons Writshallissuc
whom the court fhall think fit, requiring and commanding them, or a majority of l'ar"
them to make partition accordingly ; they being firft fworn in court, or before one of TobefcWOra,
the judges, or any magiftrate, or other perfon or perfons for this purpofe nominated
and appointed by order of court, duly and impartially to execute fuch writ: And
fuch partitioned or perfons named in fuch writ, {hall give eight days' notice of the
time of executing thereof,Jto till the parties concerned, their attornies or agents, and
thereupon fhall proceed to make a ju-ft and equal partition and divifion of all fuch And make the
lands and tenements, either in entire trafls or parcels as they fliall judge to be in pro- lv"l° *
portion to the fliares claimed, and moft beneficial' to the feveral coparceners, joint
tenants, or tenants in common, according to the befl of their knowledge ; and {hall
make return thereof under their hands and feals to the faid court within three months Andrctum^thc
'after the iffuing of fuch writ thereto remain of record; which partition or divifion fo
to be made fhall by the j udgment of the faid court be final and conclufive to all the ^||ch shall bc
parties contained, any law, {fatute, ufage or cuftom to the contrary notwithftanding.
Provided always. That if the defendant or defendants, or perfon concerned, or either Twelvemonth#
of them againftw horn, or their right or title, any judgment is given, fliall within the
fpace of twelve months after fuch judgment is entered ; or in cafe of infancy, cover-parCltl0n'
ture, infanity ofriiind, or abfence out of the province, within one year after his, her,
or their return, or the determination of fuch inability, applying themfelves to the court
where fuch judgment is entered, by motion, and fliew a good and probable matter in
bar of fuch partition, or that the demandant hath not title to fo much as he hath re-
covered; then and in fuch cafe the court may fufpend, or fet afide fuch judgment,
and admit the tenant or tenants to appear and plead; and the caufe fhall proceed ac-
l
LAND ACTS.
cording to the due courfe of law, as if nc> fuch judgment had been given. And if
the court upon hearing thereof, fhall adjudge for the fir A demandant, then the faid firft
judgment fhall ftand confirmed, and be good againft all perfons whatfoever, except
fuch other perfons as fhall be abfent or difabled as a fore fa id; and the perfon or per-
fons fo appealing fliall be awarded thereupon to pay cofts, or if within fuch time on
times aforefaid, the tenants or perfons concerned admitting the demandant's title, parts,
or purparts, fliall (hew to the court, any inequality in the partition, the court may award
New partition a new partition to be made in prefence of all parties concerned, (if the parties appear)
ma> , Awar notw jtfipanc[ jng the return and filing upon record the former ; which faid fecond par-
tition returned and filed fliall be good and firm forever, againft all perfons whatfoe-
ver, except as before excepted.
Compeiuation 2. And be it enabled by the authority aforefaid, That the perfons making fuch partb
cUn»TrU tions be allowed and paid a reafonable charge for the fame. And in the cafe the par-
to be award- ty or Parties applying for fuch writ of partition fhall negleH or refufe to allow and
e*b>-thewu«*. pay fuc]j charge, the fame fliall upon application, be fettled and awarded by the court.
By order of the Commons Houfe of Affemblyv
ALEXANDER WYLY, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefidtnt,
Council Chamber, March 26, 1767.
Aflented to.
JAMES WRIGHT.
LAND ACTS.
An atl for opening a land-office^ and for the better fettling and frenglkening this fate.
jfmmbie. 1. T 71 7 HERE AS there remains much vacant and uncultivated land in this ftatej
V V the fettlement of which is of the higheft importance, wherefore it becomes
neceffary that all due encouragement fliould be given to perfons to come and fettle in
this ftate, and by that means promote the increafe of its inhabitants: Be it therefore
enabled by the reprefentatives of the freemen of the fate of Georgia in General Affem-
•p£fcd.fficc bly met, and by the authority of the fame. That from and immediately after the pafling
of thisaH, an office fliall be opened for the purpofe of applying and .obtaining va-
cant lands, by perfons entitled to the fame in this ftate, under the regulations and rules
! Had rights, herein fet forth, that is to fay: Every free white perfon or head of a family, fliall he
entitled to, allotted and granted him, two hundred acres* of land, and for every other
white perfon of the faid family, fifty acres of land, and fifty acres for every negro, the
property of fuch white perfon or family: Provided, the faid white perfon or family
fhall not have rights for more than ten negroes, and that they have not had land
heretofore granted them in virtue of and in right of the faid ten negroes; and the go-
vernor or commander in chief for the time being, with the advice and confent of the
executive council, (hall have full power, and are hereby authorized to grant fuch
tracts or lots of land to fuch perfon or perfons fo obtaining lands as aforefaid, under
* Head rights given by ad of 1780, fed. 12, alfo by ad of 1783, fed. 1, and by ad of 17843.
fed. 3.
LAND ACTS.
3*7
and by virtue of this aft, and he or they fhall within fix months fettle, plant, culti- Zx S£diI1
vate and live on the fame; or in cafe fuch perfon or perfons (hall be difturbed in time
of alarm or annoyance by any enemy, and obliged to remove from the lands lb
granted, fuch perfon or perfons fhall return to their refpeftive fettlements or planta-
tions, as foon as the enemy fhall be repelled or removed, or the fituation of affairs
will permit.
2. And be it further enabled by the authority afore [aid, That all and every perfon SSuo/Kd.
or perfons, who heretofore have had allotments of land in the province, now fiate of
Georgia, and have continued and refided in faid flate, and all and every perfon or Residenceon^
perfons who have fettled on lands not allotted or granted heretofore, fhall be conti-
nued on the faid lands, and confirmed in a title thereto, in preference to any other
perfon or perfons: Provided, fuch perfon or perfons fo fettled on and poffefling
fuch lands, have rights and are entitled to have the fame granted him or them, ac-
cording to the true intent and meaning of this aft.
3.* And whereas, divers perfons who have left this flate hold allotments, grants and Absentees hold-
other claims to lands in the faid flate, have neglefted to fettle or cultivate the fame, an^ot°erents
as particularly fpecified in their grants: to remedy which, Be it further enabled by the SoS to
authority aforefaid, That all fuch perfon or perfons who hold, or pretend to have in six months,
titles to fuch lands, either by allotments, grants or otherways, fuch perfon or perfons °Im0e.0rcltt 16
fo being entitled to land as aforefaid, fhall be publicly notified by proclamation to
return to this flate, within fix months from and after the date of fuch proclamation,
to fettle and cultivate fuch lands, otherwife the fame fhall be, and is hereby deemed
to be vacant, and liable to be granted to any perfon or perfons applying for and en-
titled to the fame.
4. And be it further enabled by the authority aforefaid, That if any perfon or per- uran^nofto*
fons obtaining a confirmation of former allotments of land, or fhall obtain a grant transfcried till
for lands now vacant, they, or their heirs or affigns, and fhall not continue On tile residence"*
fame under the regulations of this aft, for and during the term of five years, he or lerc°n"
they fhall not be allowed to affign the faid grants or allotments,.and fuch alignments
are hereby declared to be invalid and of no effeft: and fuch lands fo affigned fhall be
deemed vacant, and may be re-granted to any perfon or perfons who fhall prove, to
the fatisfaftion of the governor and council, that the former poffeffors or occupiers of
fuch lands have aftually left the fame, and this flate.
5. And be it further enabled by the authority aforefaid, That no other charge or ex- two shillings
pence, except the rent of two fhillings for each hundred acres of land as heretofore,
fhall be laid on the faid lands, but the expence of furveying and granting the fame,
for and during the fpace of one year. And the lands fo to be granted fhall be fur- "e°y^atobe sur"
veyed apd laid out in the following manner, viz. in either a fquare or oblong figure,
the length not to be more than double the breadth, as the nature of the lands may be,
unlefs fuch as may lie between lands already granted, or that may hereafter be granted,
-and be bounded by fuch lines as may be necefiary, or where fuch lands lie between
the forks of rivers or creeks, then to be bounded by the faid rivers or creeks; and
all perfons that have had lands ordered them, and have not taken out grants for the
fame, or fold their warrants or rights for the fame, or are either dead or left the
flate, fuch perfon or perfons as have bought fuch warrants or rights and titles as
aforefaid, and continued in this flate, fhall have fuch lands granted them, agreea-
ble to fuch order or warrant fo purchafed.
* Repealed by a£t of 1777, fett. I.
318 LAND jACT^.
SSTgrifilm 6. And in order to encourage the building of mills jn this ftate, Be it further en*
entitled to one abled by the authority aforefaid, That if any pcrfon or jxrfons fhall build or cauie to
lmndied acres, built, a grill mill on any vacant land, he or they fhall have one hundred acres of
land refcrved until the iaiu mill bo built and fit for ufe, and then fhall have and be en-
titled to receive a grant for the fame; and every perfon or perfops building pr caufing
asawmiu fivehe built a faw mill on vacant land, fhall have five hundred acres of land referved
hundred the faid mill be built and fit for ufe, and then fhall have and be entitled to, and
receive a grant for the |ame, as an encouragement for building fuch faw mill, he (he
or they, paying the ufual fees for furveying and granting the faid lands.
7. * And be it further enabled by the authority aforefaid, That any perfon or pe^>
thousand acres. fons willing (;o build a furnace or bloomery for working iron, and that will give fip*
curity for completing the fame, and fhall actually continue making iron for the terijn
of five years or upwards, fhall be entitled to a referve of two thoufand acres of land
in one trafl, and at the expiration of faid term to fiave a grapt for the fame.
Forge for ma- ^n^ it further enabled by the authority aforefaid, That every perfon or per-
tioEthouS ^ons w^° huild a forge for making of bar iron, and giyefecurity for completing
acres. the faid work, and fhall aflually continue ihe bufinefs of making bar iron for the
term, of five years, fhalLbe entitled to a referve of two thoufand acres of land in one
trabl at the expiration of the faid term, and fhall have a grant for the fame*
Fersonswho 9* dnd be it further enabled by the authority aforefaid, That no perfon or perfons
fwSQ* who have had lands already granted for their family fhall be entitled to land under
Tights, not enti-fh* QC1
tied to any by mlS aCl.
10. And be it further enabled by the authority aforefaid, That this a£l fhall continue
and be in force until the firfl day of January, in the year of our Lord one thou-
fand feven hundred and feventy-eight, and from thence till the end of the nextfeffion
of the Affembly.
By order of the Houfe of Affembly.
W. JONES, 'Speaker.
Savannah, 7th June, 1777.
* See a& of 1780, fedl. 18.
this ad.
Continuation.
An abl to amend and repeal part of " An abl for opening a land-office, and for the bet-
ter fettling and frengthening of this fate"
Preamble * 1. "¥ T THERE AS in and by an a£l of the prefent Affembly, entitled " An a£l fpr
y Y opening a land-office, and for the better fettling and ftrengthening of this
ftate," it is ordered, that abfentees fhall return to this ftate within fix months, or theft
lands fhall be regranted to thofe perfons petitioning for the fame x And whereas, ft
appears the time allowed is too fhort, and many injuries may arife therefrom to fuch
abfentees as aforefaid: for the preventing of which, Be it enabled by the reprefenla-
tives of the freemen of the fate of Georgia in ^Affembly met, and by the authority of the
The clause for fame, That the claufe which refpe£ts regulating of lands, be and is hereby repealed;
Snrejfaied. and no lands formerly granted or allotted, fhall be regranted or allotted to any perfon
or perfons whatfoever.
&c.rtohavenM' 2. And be it ^enabled by the authority aforefaid, That if any perfon or per-
grants for the pons heretofore had allotments of lands within this ftate, on any fpecial contratt
LAND ACTS.
3*9
heretofore made, "and have paid the depofit money required, fuch perfon or perfons
' ffiall have a grant or grants for the fame.
3. And whefeas, 'the conftitution of this ft ate direfts, that each county fh all keep Grantsneednot
the public records belonging to the fame, and as a change of government may havebcauUited-
rendefe'd it rfecfe'ffary that the grants of land fhould be audited as formerly : Therefore
be if enacted bp the authority aforefaid, That all furveys which are legally made and re-
tdrned into the furveyor general's office ffiall be recorded, and a certified copy there- ^c^un^he
of delivered to the attorney for the ftate, fo that fiats may be by him prepared and rafScef"*'
delivered without delay to the fecretary's office, that grants may be made out and fign-
' ed for the faid lands, agreeable to the conftitution, which faid grants ffiall be regif-
tered in the county* where fuch land lieth; which record ffiall be, and is hereby de- ®™^0jbethe
clared to be good and valid in law, any thing herein before to the contrary in any "Sc«1Ivey"
wife notwithftanding.
4. And be it further enabled by the authority aforefaid, That this aft ffiall be and continuation,
continue in force until the firft day of January next, and from thence to the end of
■the next feffion of affembly.
By order of the Houfe.
W. JONES, Speaker.
September 16, 1777.
* Repealed by aft of 1786, fe£t. 2.
An abl for the more fpeedy and effebiual fettling and frengthening this fate.
WHEREAS in any fituation, but more efpecially in the prefent, when the Preamble
counties and towns upon the fea board are in the hands of the enemy, it is
highly neceffary that fome place fhould be eftabliffied for the feat of government,
and the tranfaftion of bufinefs in public offices; and alfo for the granting of lands, as
well to thofe citizens who have loft poffeffion of their lands in the faid counties and
towns, as others who may be induced to come into, and fettle the rich lands of this
ftate.
1. Be it therefore enabled by the freemen of this fate in General Affembly met, and Tu°yantofb^"he
it is hereby accordingly enabled, That from and after the day of the paffing of this aft,
the town of Augufta* in the county of Richmond, ffiall beconfidered as the feat of
government, until direfted otherwife by fome future meeting of the legiflature, and to
which all records and other public papers ffiall be brought as foon as may be, and
the refpeftive offices opened. Provided, That in cafe the faid town of Augufta, fhould
at any time in the recefs of the legiflature, be approached or invefted, fo as the fame
ffiall appear untenable; then his honor the governor and executive council for the
lime being ffiall remove to fuch place as the common fafety fhall make neceffary,
which ffiall be confidered as the feat of government, until the recovery of the faid town
of Augufta.
2. t And whereas the lots in the faid town of Augufta have been monopolized by
a few perfons, which moft evidently has prevented the full fettlement of the fame, con-
* Louifviileis now the feat of government.
f From this to the tenth fettion inclufive, is contained the regulations of the town of Augufta, which
not being carried into effect, were re-ena&ed by a^t of 1783.
340
LAND ACTS.
-months.
Sommissioners
trary to the original intention and terms of the royal grants thereof. Be it therefore
jurther enacted by the authority aforefaid, That the proprietor of every lot who (hall
not build thereon, in the manner as is herein aftei mentioned, within two years from
the paffing of this a£l, (hall forfeit the fame to the ufe of this (late, to be fold to the
higheft bidder, who (hall engage and give fatisfaBory fecurity to build thereon.
The vacant g. And whereas the vacant land above and below~ the faid town of Augulta, lying
£ffi&on Savannah river on the north, and joining the common in a line with the fouth-
^^soid (trcet of the town, running parallel with the river, and joining land of M'Carten
riff:boUhh,!fe-Campbell, on the weft and Andrew M'Lean on the eaft, ought to be laid out into lots,
?eli'u"Z"eivee an<^ f°r ^ u ftate? m order to enlarge the limits of the faid town : Be it
therefore enaBed by the authority ajorejaid,' That five commiflioners be appointed by
this houfe, and the faid commiftioners fo appointed, or any three of them are hereby
empowered to lay out the faid vacant land, in lots of one acre each; and alfo to lay
out proper ftreets, and to arrange them with the others, in the faid town'of Ail-
gufta, and the whole fhall be included and called Augufta.
4. And be it enaBed by the authority aforefaid, That the faid commiflioners,
orany three of them fhall caufe the faid lots to be fold at public vendue in Augufta
by the fherift of the county, giving one month's notice, after the fame fhall be laid out
as aforefaid, receiving one half of the purchafe money down, and taking bond with
approved fecurity for the payment of the other half within twelve months after every
fuch fale f. Provided, That no one perfon fhall be allowed to hold more than one lot
in his own right, within the term of five years next enfuing, orany other perfon for
him.
The governor 5. And be it further enaBed by the authority aforefaid, That his honor the governor
for'theiots;ts in council be, and he is hereby empowered to fign grants for the fame, to the refpeBive
give bond and purchafers, each firft giving approved fecurity to fettle and build upon the fame as is
security tr> 1 • c 1 • ci J
buiid oh them, herein after directed.
SSJhten tukereas the ftreets in the town of Augufta, as well as the road on either fide
the streets. Up to Rae's Creek and down to the fand bar, are hot regular or ftraight: Be it therefore
enaBed by the authority aforefaid, That the faid commiflioners or any three of them,
be empowered arrd directed to lay out, admeafure, and poft the fame, in the beft and
moft regular way.
7 RefpeBs the court-houfe and jail of Richmond county—repealed.
Dimen ions of ^n^ ^ farther enaBed by the authority aforefaid, That no perfon, proprietor of any
bunlTnsethe°be ^ot *n Augufta,or any perfon for him, fhall be allowed to ereB any dwelling houfe upon
said lots. any of the faid lots under the dimenfions of twenty by fixteen feet, and if the fame fhall
be in wood, it fhall be framed and built in a workman like manner, and fhall be pla-
ced in fuch part of the lot as fhall be pointed out and direBed by the faid commif-
fioners or any three of them, to the end that the faid town may be regularly built.
feamto?'of 9* ^ farther enaBed by the authority aforefaid, That the other public lot in
board-ftreet be referved for houfes of public feminaries and fchools.
10. And be it further enaBed by the authority aforefaid, That the faid commiflioners,
rj^ved fo?be or any three of them, fhall referve two of the beft lots in the centre line of the faid town,
ucuvtor°fiP^ub"and diftant from each other, for houfes of public worfhip. And 'alfo that the faid
commiftioners or any three of them, do lay out two acres of ground in the common,
fouth of the faid town, for public cemeteries, each oppofite to the refpeBive lots, and to
caufe the fame to be cleared and fenced in, and hereafter no corpfe fhall be interred
in the town.
LAND ACTS.
321
11. And be it further enaBed by the authority aforefaid, That the monies arifing won^ar?.^?
from the fales of the faid lots fhall be depofited in the public treafury* for the fup- tTb^paluT-.co
port of the expences of the Hate.
12. And whereas the rich and healthy lands in Wilkes county, and elfewhere in this J^ar"nK5nt0
date, remain, unfettled, to the great detriment of the commerce and ftrength of thefrights.,
fame, while many of the citizens of this date are buffering by their lands being in the
hands of the enemy ; and others being willing to fettle and defend the fame as hereto-
fore mentioned. Be it therefore enaBed by the authority aforefaid, and it is hereby en-
aBed, That every citizen of this date, as well as any citizens of any other date fhall
be entitled to a grant of land in the following manner, viz. two hundred acres of
land for the head of a family, and fifty acres for each member of the fame, whether
white or black; to be laid out any where in this date, not in the poffedion of the In- proviso,
dians. Provided, That every fuch perfon before he Oiall obtain dich grant, fhall bring
the whole of his family into this date, and himfelf take and fubfcribe the oaths of
government. And provided alfo, That he fhall give fecurity to his honor the gov-vern^,Jc.
ernor and council for fettling the fame within nine months next thereafter. can be obtain-
13. And be it further enaBed by the authority aforefaid, That where it fhall appear Preference gu
that the commiffioners under the former government fold and made allotments to any meVthmdeV
perfons who have fattled, and dill poffefs the fame, fuch perfons fhall have grants in sione™'s"
preference to any other perfons whatever.
14. And to the end, That every encouragement may be given to induce men to TI}e settiers of
come from other dates to fettle lands in Wilkes county. Be it enaBed by the author i-^SmuftiTpt
ty aforefaid; That every perfon fo coming from another date and fettling in Wilkes duty'
county under this aft, fhall not be compelled to ferve in the militia, in any other way
or place, but in defending the fame during the term of two years.
15. And whereas, it is effentially neceffary, for the convenience of fuitors and
miniders of public judice, that the building a fmall town at the place appointed for
holding courts in the county of Wilkes, fhould be encouraged: Be it therefore enac-
ted by the authority aforefaid, That five commiffioners be appointed by this Houfe '} Comfnissionerj
and the faid commiffioners fo to be appointed, or any three of them, be empower-ta^aSthe
ed to lay out one hundred acres of the land circumjacent to the faid place, into a and granted as
town and common; and that the fame be fold and granted in the manner pointedmAususta'
out in this aft, refpefting the lots in Auguda, and the monies arifing from fuch fales ap*
appropriated to the like ufesh .same manner.
16. And whereas, many trafts and parcels of land have been laid out and furvey- The governor
ed by perfons who have been long out, and yet are ab'fent from this date: Be It mationl call on
therefore enaBed by the authority aforefaid, That his honor the governor be empow- turn in three
ered to iffue a proclamation, admonifhing every fuch perfon to come in and fettle ^ttheilunds.
the land fo laid oqt and furveyed, within t three months next after the date of fuch
proclamation, otherwife all fuch lands fhall be deemed vacant.
17. And be it further enaBed by the authority aforefaid, That the following fhall be Formofgrant3;
the form of all grants of land within this date:
By authority of the legiflature of thefate of Georgia.
I, A. B. governor and commander in chief of the faid date, by and with the ad-
vice of the executive council of the fame, now prefent, do give and grant unto C, D,
Ss
* Vefted in truftees—fee aft of 1783—feft. 4.
f Extended twelve months by aft of 1783, feft. 4»
322 LAND ACTS.
all that, See. To have and to hold the faid traft of land with all the premifes and
appurtenances, to him the faid C. D. his heirs and affigns forever, in fee fimple.
Given under my hand and the great feal of the jaid fate, this
day of in the year of our Lord God one thoufand feven hun-
dred, &Y.
By his honor, &c.*
acres granted 18. And whereas, it will tend greatly to the intereft and ftrength of the ftate to efta-
vinj* security' blifh manufaftories of iron: to the end therefore of encouraging able and proper
tobuiid°ivroH10r perfons to undertake the fame, Be it enacted by the authority afore faid, That any per-
fon or perfons who will give approved fecurity to his honor the governor and coun-
cil, for erefting proper and effeftual works for that purpofe, fhall be entitled to a
grant of two thoufand acres for a forge, and two thoufand acres for a bloomery, and
two thoufand acres for a furnace.
y«7Ks,iww 19- And whereas, it may fo be that a number of warrants and returns of plats may
tobcestablish- ]Qfl- jn our lateconfufed ftate: for remedy whereof, Be it enabled by the authority
aforefaid, That where it fhall appear upon.oath that any fuch paper or defcription of
land may have been loft, that grants fhall pafs for the fame notwithftanding, free of
new expence.
onThetndian 20- Alud be it further enabled by the authority .aforefaid, That no warrant, furvey
SaSdvoS or P!ats made or laid out in the lands yet within the lines of the Indians, fhall be held
valid, and the fame is hereby declared null and void, to all intents and purpofes
whatever, nor fhall any grant which may hereafter be furreptitioufly obtained, be
deemed legal, or of any effeft.
21. And whereas no grants have yet been figned and paffed for many allotments,
warrants and returns of land. Be it therefore enabled by the authority aforefaid, That
shaiiffgnand honor the governor in council be empowered to fign, feal, and pafs grants for
passgrants,&c. tpe fame as foon as pofftble; and to all other perfons who fhall apply for lands in
the terms of this aft, and of the before mentioned aft, commonly called the land aft.
proclamation 22* be enabledfurther by the authority aforefaid, That his honor the governor,
t?cv«tno8the" ky a"d with the advice and con font of the executive council, be empowered to iffue
state. a proclamation, pointing out the fituation, richnefs, and convenience of the lands
within this ftate, and inviting them to come and fettle the fame, upon the terms and
conditions herein before mentioned, And that he be alfo empowered in like manner
to fend one or more fit perfons into other ftates upon the public expences, the better
to carry the intentions of this aft into execution.
Claims of In- 2 3. Whereas certain perfons, citizens of this and the ftate of South-Carolina, and
lands in Wilkes friends to the independency of the fame, claim, that the lands in the county of Wilkes
county, to be .... . y - - - ~ ■ _ i
Sten}bythewere orjginally given up. and ceded to the government of Great-Britain by the Creek
«tmbiy. and Cherokee Indians, in fatisfaftion and difoharge of certain debts and arrears due
by the faid Indians to the faid certain perfons, commonly called Indian traders: Be it
therefore enabled, That any perfon having or pretending to have any claim, do lay
their claims and accounts before this or fome future Houfe of Affembly to be
examined, and whatever claims fhall be found juft and proper, and due to the friends
of America, fhall be paid by treafury certificates for the amount, payable in two,
three and four years, and carrying fix per cent, intereft.
commissioners 24. And be it further enabled by the authority aforefaid, That William Glafcock,
George Walton, Daniel M'Murphy, John Twiggs and George Wells, efqrs, or any
Ruminated for
Augusta,
* The form of grants altered by a<ft of 1783, feci. 12.
LAND ACTS.
three of them, be a board of commiffioners for afting under this a&, refpe&ing the
town of Augufta; and William Downs, Barnard Heard, John Gorham, Daniel am for wa*u-
Coleman, and John Dooly, efqrs. or any three of them, be a board of commif-insMI1,
fioners for-acting under this aQ refpefting the town, at the court-houfe in Wilkes
county, which {hall be called Wafhington.
.25. And be it further enabled by the authority aforefaid, That this fhall be deem- a public &
ed a public a£t, and fhall be given at any time fpeciallv in evidence.
WILLIAM GLASCOCK, Speaker.
January 23, 1780.
An-act for opening the land-office, and for other purpofes therein mentioned.*
WHEREAS it will tend to the benefit and advantage of this ftate, that the unlo- preamble,
cated lands within the fame, be granted out, and that all due encouragement
be given to the immediate fettlement thereof. Be it therefore enacted by the reprefen-
tatives of the freemen of the fate of Georgia in General Affembly met, and by the author i-
ty of the fame, That from and immediately after the pafling of this aft, the land-oifi.ee undo^ce-
fliall, and the fame is hereby declared to be opened, and all and every perfon and per-
fons applying for land agreeable to the terms herein after mentioned, fhall be enti-
tied to a grant of the fame, that is to fay,'each mafter or head of a famil^ fhall be al- SrSink
lowed as his own head right, and without any other or further charges than the of-
fice andfurveying fees, two hundred acres: And fuch perfon fliall alfo be permitted
to purchafe at the rate of fifty acres for each and every head right in his family, on
the following terms, that is to fay, one fhillingt per acre for the firft hundred acres,
"and one fhilling and fixpence per acre for the fecond hundred acres, two fhillings
per acre for the third hundred acres, and two {hillings and fixpence per acre for the
fourth hundred acres, and fo on in the fame progreflion, according to the number of
head rights in fuch family : Provided the quantity of land granted and fold to any one
perfon fhall not exceed one thoufand acres, and that fuch perfon do live on and ilf07Airaannt0f'ar
cultivate J a part of the faid land, twelve months before he or fhe fhall be entitled a^on^ou'
to a grant for the fame 5 And alfo further provided : That fuch perfon hath not here- thesametwefve
tofbre received the head,right which he or fhe then applys, either under the prefent, SKSe®
or former government of this ftate. : . 8rant*
2. And whereas this ftate hath made engagements to the foldiers and other troops 25^™
which in juftice they ought to fulfil. Be it therefore enacted, That in cafe any offi- and soldiers, a-
cer, or foldier or other perfon, claiming under Tuch engagements as aforefaid, fhall tK&ie-
produce a certificate from his honor the governor for the time being, that a trad orcates'
traHs of land is, or are due .to him5 that then fuch officer, foldier or other perfon,
fhall be entitled to a warrant and grant for' any unlocated lands (agreeable to the
quantity contained in his certificate) within this ftate.
3. And be it further enacted, That eyiery perfon applying by head rights as afore- cSuiv^ion.ne-
laid, fhall previous to his obtaining a grant for hps land, or having it in his power to tainagr«r.;
difpofe of the fame, (otherwife than by will) fettle and improve a part of fuch tra6l or
traHs, as he may obtain a warrant and furvey of, for the fpace of twelve months £s
* Some parts of this a£t repealed by the next a£t in order.
T To be'paid in audited certificates by a& of 1783—fed. 3.
J Settlement &c. not necefiary—fee ad of 17 84—fed. 16.
1
LAND ACTS.
aforefaid, and {hall actually cultivate and clear at the rate of three acres at leaft for
every hundred acres of the faid land.
Sffihe stante" 4' And be it further enacted. That there ft all be a furvey or general for the hate,
fl^Vhcouiity anc^ a^° a lLirveyor f°r each county, f annually chofen by the legiflature; and fuch
amiu rybythe county furveyors fo elefled fhall have power to appoint, one or morejaffiftants if neceffa-
assembly. ry^ anc] the aforefaid county furveyor or hisaffiftantor affifiants are hereby authorized to
lay out and furvey to any perfon or perfons who fhall apply, all fuch lands as he, fhe
The duty of or they, may have obtained a warrant for, and the faid county furveyor is hereby re-
cmiaty survey qUjre(j to keep an ()ffice [n that part of the county where the fuperior court is holden,
si^record aii jn which faid office fhall be recorded all fuch plats or furveys belonging to fuch coun-
and1 transmit ty as made, within two months from the date of the warrant, and the faid coun-
fiuhree'monSs ty furveyor fhall alfo tranfmitto the furveyor general, a fair copy of the fame togeth-
general's office'with tbe warrant, within three months from the date of the latter, and the furveyor
The duty of general fhall record fuch plat in his office, and when, and as foon as the full confide-
genelraLeyor ration money for the faid land (if granted on p ur chafe as aforefaid) together with office
fees fhall be paid, the faid furveyor general {hall record fuch plat in-his office, and
pafs the original into the fecretary's office for a grant thereof to be made out and figned by
the governor, or in his abfence by the prefident for the time being, when the party fhall be *
entitled thereto, under the terms aforefaid, and the faid grant when figned as aforefaid, fhall
be returned into the fecretary's office to be there fealed with the great feal and regiflered;
and thereafter the fame fhall betranfmitted to its proper county, and lodged in the office
of thecount)ffurveyor, to be there recorded J and then delivered out to the grantee. Pro-
LaSoheiap- vided always,That in cafe the confideration money for any lands granted on purchafe, fhall
uhse money & riot be paid into the treafury, and a certificate thereof lodged with the furvey out gene-
tvvePveidmonthsra^ (wbich fhaM be fbe proper mode of paying all purchafe monies for lands granted
o™$ewa«nt. under this a£l) and alfo all office fees paid within twelve months from the date of the
warrant, then and in fuch cafe the land mentioned and contained therein, fhall be deem-
ed lapfed, and liable to be granted out to any other perfon who fhall apply for and prove
proviso. rights agreeable to this lav/ for the fame. And alfo \provided, in cafe any caveat fhall
caveat. be entered againft the paffing of any grant, that, then the figning and fealing of the
fame, fhall be flayed until the determination of fuch caveat. ;
caveatsshaii 5* And be it further enabled, That all caveats againft the paffing of grants^ fhall
thee?oSntyrar-be entered in the office of the county furveyor where the land lies, who fhall give no-
SffiSS&i tice thereof by advertifement in the moft public place of the faid county, at leaft
thirty days, thirty days before a final determination is had on fuch caveat. -And the manner of
Mode of trial, trying fuch caveat fhall be as follows: The juftices of the county, or any three or
more of them, fhall, on the day fucceeding the day on which they meet for the pur-
pofe of granting warrants for lands, caufe to be drawn and fummoned out of the
by-ftanders'(being freeholders within this ftate) a jur„y of twelve men, who being:
duly fworn to try the matter according to law and equity, fhall immediately proceed
to try and give their verdifl thereon, which fhall be final and conclufive.* And the faid
^rvcyThaii county furveyors fhall once in every month, when they refpeftively tranfmit to the fur-
Ifna«o°n«of veyor general fair copies of plats, together with warrants as before direfled, alfo tranf-
^g,eTj\dhepesur-'mit and fend to the faid furveyor general a regular account of all caveats depending
veyor general or determined in their refpe6live counties, in order that the fame may from time to
-J- Now eleded by the people—fee aft of 1799—fed. 2.
£ Unnecelfary—fee ad ofi 7 8 6, fed. 2.
* Appeal allowed to the governor and council. See aft of 1784, fed. 9.
LAND ACTS.
325
time be laid before his honor the governor and executive council, as a guide in
refpeft to the figning of grants,
6. And be it further enacted, That a* majority of the juftices belonging to each Jmjorityof
county lhall be empowered, and they are hereby required, on the fir ib Monday in nuyg"„^Lr-
each month, and for as many days immediately following as they lhall find it neAISwiJb-
ceffary, to hold a court (at the place where the fuperior courts of fuch county arery mu'itl1,
ufually held) for the purpofeof receiving applications for lands, according to juftice
and the true intent and meaning of this act; they the laid juftices, or a majority of
them, fhall order warrants to ilfue, and the fame (hall be figned by the fen tor juftice
then prefent, and attefted by the clerk, commanding and requiring the county fur-
veyor to lay out and admeafure fuch tratb or tracts of land within their refpedtive
counties, as they lhall think fit to grant, under the terms and diredtions contained in
this law.
7. And be it further enacted, That all and every perfon and perfons, before he, feg%?ka?S't«
fhe or they, fhall obtain a warrant or warrants for any land within this ftate, lhall on
oath declare, before the faid juftices holding a court as aforefaid, that he, fine or they,ces-
hath or have not taken up or obtained land in this ftate for the head rights, or any of
them, at that time applied for; and alfo that he, fhe or they, doth or do not hold, nor
have had granted, under the prefent or former government, to him, her or them,
on head rights as aforefaid, any quantity of land not exceeding one thoufand acres,
nor more land than, together with what is at that time applied for, will make a quan-
tity exceeding one thoufand acres; and fuch perfon or perfons lhall alfo at the fame And produce
time produce a certificate, figned by two or more juftices of the county, he, fhe or theirhoneltyf
they, laft refided in, or fuch other credentials as will fatisfy the court of the honefty andand mtC£uty*
integrity of the perfon or perfons fo applying; and thereafter the faid warrant fhall
iffue, figned and attefted as aforefaid, and run in the following form: " By the ronnofwar*
court of juftices for the county of To A. B. county furveyor of
faid county. You are hereby authorized and required to admeafure and lay out, or
caufe to be admeafured and laid out, unto C. D. a trabl of land, which fhall contain
acres, in the faid county of (here defcribe the but-
tings and boundings of the land as particularly as may be) taking fpecial care that the
fame has not heretofore been laid out to any other perfon or perfons: And you are
alfo hereby diredted and required to record the plat of the fame in your office, and
tranfmit a copy thereof, together with the warrant, to the furveyor general, within
the term of three t months from this date. Given under my hand, as fenior juftice
of the faid court, this day of 178
8. And be it further enacted, That the clerk of the faid court of juftices lhall keep ^e,^edrkc°4t
a regular book of entries, of all applications made and warrants ilfued, fpecifying hisduty-
the buttings and boundings of the lands contained in the fame; and the feveral county
furveyors lhall, previous to their entering on the execution of their office, take and Geuntysur,
fubferibe the following oath, before two or more of the juftices of the county to veyor<
which they refpedlively belong; u I, A. B. do folemnly fwear, that I will, to the bell
of my Ikill and knowledge difcharge the duty of furveyor for the county of Huoatb.
and that I will not admeafure, furvey or lay out, or knowingly admit of or caufe to
be admeafured, furveyed or laid out, any land, without a warrant firft obtained for
that purpofe." And fuch county furveyors refpedtively, lhall give bond with appro-
* Any five, including an affillant juftice, may hold a land-court, by adt of 1783, fe6t. 2. And any
three veiled with the fame power by adt of 1789, fedt. 3.
ft Six months by adt of 1785, fedt. 8. Two years by adt of 1786, fedt. 3.
326
LAND ACTS.
aSfsfSityS VC(^ Tecurity, in the penal fum of five * hundred pounds fpecie, to his honor the go-
vernor for the time being, conditioned for thegood behaviour in office, and true per-
pounds. formance of the trull repofed in fuch furveyor; which faid bond fhall be taken in and
by the fir ft court of juflices which fhall convene and hit after the appointment of
fuch county furveyors rcfpeflively, and the fame fliall be immediately tranfmitted to
his honor the governor, liable to be put in fuit, in cafe of any mifbehaviour in the faid
shaii execute county furveyor; and it fhall be a part ofthe duty of fuch county furveyors, punctually
of file nirveyor to obferve and carry into execution all fuch orders and inflruflions, as they fhall
Ind^veartheir from time to time receive from the furveyor general, and fvvear, or caufe to be (worn,
chain camels ap cbain carriers within their refpeflive counties.
its ami 9* Alnd be it further enacted, That all warrants heretofore (that is to fay, fince the
thc'revoil^on revolution) obtained for vacant lands and furveys, that have been made in corife-
Jow i®°toecar' quence of fuch warrants, within the prefent temporary boundary line between the
grants. white inhabitants of this flate and the Indians, fhall be delivered into the court of
juflices of the county where fuch land lies, who fhall make fuch order to the county
furveyor refpetling the fame, as the nature of the cafe may require, and as to juflice
lhall appertain. And it fliall be a {landing rule with the faid court of juflices and
county furveyors, and all others concerned in the execution of this law, that in all
and every cafe where any perfon or perfons whatfoever, or his legal reprefentative or
reprefentatives (being at this time a free citizen or citizens of America) was or were,
on the twenty-ninth day of December, in the year of our Lord one thoufand feven
hundred and feventy-eight, entitled by any law or order of the prefent government,
to a grant of lands already run and located by fuch perfon or perfons, that in all
and every fuch cafe the faid grant fhall now aQually pafs, and be figned and fealed
without any further or other additional charges or encumbrances (in confequence of
this law) upon the fame, except office fees,
proclamation 10* And whereas, in the year of our Lord one thoufand feven hundred and feven-
ting^euktsi" ty-eight? there was iffued by the authority of this flate a proclamation, inviting fet-
tiers to migrate into the fame; in confequence whereof, many perfons did ablually
come into the flate, and fat down on pieces or parcels of vacant land, fpr which they
meant to apply for grants under the terms of the faid proclamation, but by reafon of
the confufions which have fince taken place, they, the Laid perfons have not been able
personsentuied as yet to obtain or take out fuch grants: Be it therefore enaBed: That in all and every
it.lhall have f cafe, when it fhall appear that any perfon or perfons is or are really and bona fide
the right of pre- ■ i i n i r i r • J i ' •" • i
ference. entitled, unaer. the terms of the laid proclamation, to any grant or grants whereon
he, fhe or they, have fixed fome mark of poffeffion, within the prefent temporary di-
vifion line between the white inhabitants and the Indians, that he, fhe or they, fo en-
titled as aforefaid, or his, her or their legal reprefentative or reprefentatives? fhall
have the preference, on application for the faid land, to all and every other perfon of
perfons whatfoever. And there fliall not be any other or further charge (except of-
fice fees) on the faid land, than was to have been paid on the fame at the time fuch
perfon or perfons took poffeffion thereof as aforefaid, any thing in this a6t contained
to the contrary thereof in any wife notwithflanding. -
ah surveys and A1* And be it furtherenaBed, That all furveys which have, or may have been
Sctenporan4 made, or lines run by any means, or under any pretence whatfoever, beyond the pre-
CeclareAoid. fent temporary line within this flate, between the white inhabitants and the Indians be-
longing to the fame, or any part of the lands not already laid out into counties, but al-
* Two thoufand pounds by ad of 1789, fed. 4.
LAND ACTS.
3*7
lowed to remain as hunting ground for the Indians at prefent, fhall and the fame is,
and are hereby declared to be null and void, to all intents and purpofes, as though
fuch furveys or lines had never been made. And all and every perfon and perfons Pergons hav!ng
whatfoever who fhall hereafter furvey, or aflift in furveying, or procure to be fur-"XunlAo
veyed and marked with lines, any of the lands above defcribed, whereon the Indians AvSuVor/'
are allowed to hunt for their fupport, or who fhall obtain, or attempt to obtain a grant ifAAoTevSy*
for the fame, before fuch lands are taken within the boundary of the white inhabitants^'
of this ftate, and the mode ofgranting fuch lands fo to betaken in, be agreed and de-
termined on by the legiflature, and publifhed by proclamation, all and every fuch per-
fon and perfons fhall forfeit and pay a penalty oft twenty (hillings for every acre of
land he, fhe or they, fhall run, or attempt to run, or obtain, or attempt to obtain a
grant, which faid penalty fhall be recovered in any court of record or confcience (ac-
cording to the amount thereof) within this ftate, and fhall be for the ufe of any perfon
or perfons, who fhall inform of, and fue for the fame either by way of information or Huwto b5
a&ion. And if the perfon or perfons againft whom a judgment fhall be obtained for piiedr.cdaDda?*
any penalty as aforefaid, fhall be unable to pay the fame, or will not produce proper- mined if una-
ty whereon the fheriff may levy to the amount thereof, he, fhe or they, fhall be lia- etopay'
ble, and thejuftices of the county where fuch caufe fhall be tried, fhall order him, or
her, or them, into clofe confinement, without bail or mainprize, for the fpace of two
days for every twenty (hillings, the faid penalty fo recovered as aforefaid, fhall con-
lift of, and which fhall remain unpaid out of the property of the faid delinquent.
12. And be it further enabled, That the following fhall be the form* of grants Form of grans,
of lands within this ftate.
(Georgia.
By the honorable A. B. esq. caftt. general, governor and commander in chief in and
over theJaidfate.
To all to whom thefe prefents fhall come, greeting.
KNOW YE, that in purfuance of the aft for opening the land-office, and by vir-
tue of the powers in me veiled, I have by and with the advice and confent of-
the honorable the executive council, given and granted, and by thefe prefents in the
name and behalf of the faid ftate, do give and grant, unto C. D. his heirs, and af-
figns forever all that traft or parcel of land containing fituate lying and being in
the county of in the faid ftate, and butting and bounding having fuch
fhapes, form, and marks, as appear by a plat of the fame hereunto annexed, togeth-
er, with all and fingularthe rights, members and appurtenances thereof whatfoever to
the faid traft or parcel of land belonging, or in any wife appertaining; and alfo all the
eftate, right, title, intereft, claim and demand of the ftate aforefaid, of, into, or out of
the fame,, to have and to hold the faid traft or parcel of land, and all and fingular the
premifes aforefaid, with their, and every of their rights, members and appurtenances
unto the faid C. JD. his heirs and afligns, to his, and their own proper ufe and behoof
forever, in fee fimple. Given under my hand in council, and the great feal of the faid
ftate at this day of in the year of our Lord 178 and in
year of American Independence.
Signed by his honor the governor, in council.
E. F. clerk council the day of 178
-j- See a£l of 1785, feft. 5. See alfo aft of 1786, feft 1. And by aft of 1787, feft. 2, made liable to
corporeal punifhment and the fecond olfence declared felony.
* The governor empowered to direft the form of grants by aft of 1789, feft. 1.
3-8
LAND ACTS.
13. And ivhcrcct, it may fo happen that p lfbns emigrating from clfewhcre, and
ihfjroled to fade in this ftate, may not be fufficiently acquainted with the limits
and boundaries of the fame, and Surveyors may wilfully or ignorantly commit raif-
takes in the running the lines, unlefs the faid limits and boundaiies be made known to
them: In ordei^, therefore? to inform and encourage allpeifons difpofed to migrate
into this ftate, to prevent miftakes, and to remove every pretence for fraud in lar-
SMjKJ yeyors, and others intruded with the execution of this law, Be it entitled, ordained and
eswte' declared by the authority aforefaid4 That the limits, boundaries, jurifdi&ion and au-
thority of the ftate of Georgia, DO and did, and of right ought to extend, from
the mouth of the river Savannah, along the north fide thereof, and up the moft
noithern ftream or fork of the faid river to its head or fource; from thence in a due
weft courfeto the river Miflifippi; and down the faid ftream of the Miffifippi, to
the latitude thirty-one degrees north; from thence, in a due eaft courfe, to the river
ApalaChicola, or Chatahouchee; and from the fork of the faid rivet- Apalachicola,
where the Chatahouchee and Flint Rivers meet, in adireft line to the head or fource
of the fouthernmoft ftream of the river St. Mary; and along the courfe of the faid
river St. Mary, to the Atlantic ocean, and from thence to the mouth or inlet of the
river Savannah, including and comprehending all the lands and waters within the
faid limits, boundaries and jurifdi&ional right, and alfo 211 the iflands within twen-
ty leagues of the fea coaft. And all juftices of the peace- furveyors, militia and
other officers and perfons of any defcription or denomination ^hatfoever, are here-
by enjoined and required, and fully authorized and empowered to hold and confider
the faid limits, boundaries and jurifdi&ional right above mentioned, expreffed and
defcribedas the true and juft limits, boundaries and jurifdiQion of the fovereign and
independent ftate of Georgia, as fecuredto the inhabitants and.free citizens thereof
by their charter, and guaranteed as well by the articles of confederation as by the treaty
Proviso- of alliance with his moft chriftian majefty, Provided neverthelefs, That nothing here-
in before contained fhall extend, or be conftrued to extend to authorize or empower
any perfon or perfons whatfoever to furvey, run or make lines upon the lands before
defcribed, as being allowed to the Indians for hunting ground, or any part, or par-
eel thereof, before or until permiffion for that purpofe fhall be granted by the legifla-
ture, and made known by proclamation.
$umyor gene- *4* ^e ^ {urt^ltr enabled, That the furveyor general and all county furveyors
Iwveyo^hob as nearly as may be, be governed and directed in the execution of all warrants,
t«bcgoveW. and in making their furveys, by the known rules, laws, and cuftoms of this ftate in re-
gard to fuch bufinefs, in fo far as the fame may be made to confift with this law, the re-
volution in* government, and the true intereft of the republic, as fhall from time to
time be exprelfed by its legislature or executive body.
By order of the Houfe.
W. JONES, Stealer.
Savannah, February 17, 1783*
An act to repeal and amend fome part of an act entitledAn act for opening the land-
qfce."
preamble* \XTHEREAS it is found by experience that fome part of the aft for, opening the
V V land-ollice, does not anfwer the falutary purpofe thereby intended.
LAND ACTS.
3»9
1. Be it therefore enacted by the reprefentadves of the freemen of the [late of Georgia*i2Sc!,re
in General AJfembly met, and by the authority of the fame, That the claufe of the afore-
faid a ft, or that part of it, which requires a majority of the juftices of a county to grant
a warrant for unlocated lands, be, and the fame is hereby repealed, and made null and
void.
2. And be it further enacted by the authority aj'orejaidThat the juftices of the Fivtjuft;ce^.
feveral counties, or any five* of them, as hereafter mentioned, fhall meet in their ref-
peftive counties on the firft Monday in each month, and for as many days following, JourtonthJ\
as they {hall find it neceffary, to hold a court at the place where the fuperior courts of S-ery
fuch counties refpeftively are held : And the faid juftices fo met, or any number of
them not under five (and of which five or greater number, one or more of the aftift-
ant juftices of the county fhall be a part) fhall conftitute a board, and be competent
to do and tranfaft all and lingular the bufinefs pointed out and required by the faid
aft, to be done by a board of juftices.
3. And be it further enabled by the authority of or efaif That in all and every cafecoSlobUe.
where any perfon or perfons applying for land under the faid aft for opening the land-
office, fliall havejuft claims againft thisftate, and fhall be pofteftedofa certificate inoflan '
his, or her own name, either under the hand of the prefent, or the laft, or any future
governor for the amount of the fame, or if an account duly audited agreeable to law,
that fuch a certificate or audited account fhall be taken and received as fpccie, or gold,
orfilvercoin, in any purchafe of unlocated lands within the late temporary boundary
line, of this ftate, he, fhe or they, may make under the faid aft, nobexceedingthequan-
tity therein mentioned; Provided fuch certificates be brought in and delivered to the proviso,
treafurer within one year from and after the paffing of this aft, and not otherwife.
4. And whereas many perfons now refidents of other ftates have formerly obtained
warrants, under which they have furveyed lands in the different counties of this ftate,
and have never obtained grants for the fame. Be it thereforefurther enacted by the autho- The governor
rity aforefaid,That his honor the governor be empowered and required to iflue his pro- ciam«eioan?™-'
clamation immediately after the paffing of this aft, and caufe the fame to be publifhed Sen"!,3d-
in the feveral gazettes of the United States, requefting all and every fuch perfon or \a
perfons refidents of other ftates; who hold lands by furveys as aforefaid, or other ^™eamedin"le
claims, that he, fhe or they, fhall come in within the fpace of twelve months after the oTeiseSu^
iffuing the faid proclamation, and fettle their refpeftive claimes according to the laws of ™HshallJ>'
this ftate, and on default of their not coming in within the time limited,every fuch furvey
or claim is hereby declared null and void, and any other perfon or perfons entitled to
land,, fliall be at liberty to apply and obtain grants for the faid land, the fame as for
any other unlocated lands, within this ftate, notwithftanding faid furveys or claims,
Provided neverthelefs, That nothing herein contained fhall extend to affeft or injure Prov!<a
the right of any perfon or perfons, who is, or are at prefent in his, her or their
nority, until one year after fuch perfon or perfons fliall arrive at the age of twenty-beaffetted-
one years.
5. And be it further enabled by the authority aforefaid, That in all and every cafe Pee» of grant,
where it fliall be made to appear to the fatisfaftion of his honor the governor, that tam cases, to
the party applying for and entitled to any grant, (to which the father of him, her or pubifcaeftthc
them, was entitled at any time before the twenty-ninth day of December, which was
in the year of our Lord one thoufand feven hundred and feventy-eight) is a minor
Tt
* Three form a court by ad of 1789, fed. $■>
33° LAND ACTS.
under the age of twenty-one years, or a widow, and that fuch widow became fo fince
that period ; and that the father of fuch minor, or the hufband of fuch widow did ac-
tually in his lifetime pay the cofts or fees of his grant in the proper offices; that in
-all and every fuch cafe, the faid minor or widow fhall be exempted from all fees or
cofts; and his, or her grant fhall be paffed, and figned, fealedand delivered gratis. And
his honor the governor and the other officers concerned in the figning and making out
grants fhall charge their refpeftive fees to the public.
Mot more than 5. And be it further enabled by the authority aforefaid, That nothing in this a£l con-
tained fhall extend, or be confirmed to extend to authorize and empower the juflices
Sivne time and number before mentioned) who fhall be met and convened for the purpofe of grant-
ing lands, to hold more than one court, at one and the fame place and time : And the
affiftant juftice then prefent, who fhall be the fenior, either by an older commiffion
or by being firft named in the fame commiffion with others, fhall prefide in the faid
court, and fhall be inverted with all and fingular the powers given to, and be under
the diredions pointed out for the preudent of the board of juftices in and by the 44 A61
for opening the land-office," before mentioned.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, Auguft 1, 1783.
An aB for laying out txvo more counties to the weftward> and pointing out the mode of
granting the fame.
-w
HEREAS it is neceffary in order to ftrengthen this ftate, and for the con-
venience of the inhabitants, that new counties fhould be laid out and proper-
ty fettled, Therefore be it enabled by the reprefentatives of the freemen of the fate of Geor-
Jo3fyrof gia in General AJfembly met, and by the authority of the fame, That the prefent tempo-
the state, rary jjne? circumfcribing the Indian hunting ground, fhall be marked by a line drawn
from that part of the north branch of Savannah River, known by the name of Ke-
owee, which fhall be interfered by aline, running northeaft from the Okunna Moun-
tain, thence in the fame direction to Tugalo River, from thence on a dired line to the
top of the Cunokee Mountain, thence to the head or fource of the moft fouthern
ftream of the Oconee River, including all the waters of the fame, thence down the
faid river to the old line, thence along the faid line.
2. And be it further enabled by the authority aforefaid, That two counties fhall be
Td°outuntles out> and annexed in the form and manner following, that is to fay, beginning ar
?raBkilnesof $avannah River where the weft line of Wilkes county ftrikes the fame, thence along.
the faid line to the Cherokee corner, from thence on the fame diredion to the fouth
branch of the Oconee River, thence up the faid River to the head or fource of. the '
moft fouthern ftream thereof, thence along the temporary line feparating the Indian
hunting ground; to the northern branch of Savannah River known by the name of
Keowee, and down the faid river to the beginning, and all that trad of land included
within the aforefaid lines fhall be a county and known by the name of " Franklin,"
^gto°nf.Wafb* ^he fecond county fhall be bounded by a line beginning at the Oconee River,
where the laft mentioned line ftrikes the fame, thence along that river to where it
ftrikes the former temporary line, thence along the faid line to the Cherokee corner,
and from thence to the beginning. And all that trad of land included within the
LAND ACTS.
aforefaid lines, fhall be a County and known by the name of " Wafhington."
3. And be it further enabled by the authority aforefaid, That any perfon or perfons persons apply-
delirous of making application for lands in the aforefaid counties, fhall prove his, her, 1"^™*^
or their rights*,Either before the governor and council for the time being,, or one af- forrc J*
fiftant judge and two juftices of the county where fuch perfon or perfons refide, and
certificate thereof under the hands of fuch juftices, or proof before the governor and hTTiTy'There
council as aforefaid, fhall entitle the perfon or perfons fo applying to a warrant for his,thcy reside-
her, or their rights, proved as aforefaid, fo as the fame fhall not exceed one thoufand Nopersonent;-
acres to any one perfon whatfoever. And the governor and council are hereby re- than 011c thou-
que fled and empowered to proceed in the manner herein after direfted for grant-saud atrc>'
ing the fame, and to keep a book of entries, and enter therein the names of fuch per-
fons as may apply for warrants, and alfo the date and number of each warrant by
them granted, which fhall be located, to fome particular county. And when it fhall warr.mtsto i-c
fo happen that two or more perfons apply to a furveyor, to furvey one and the fame Sing to tuna-
trafl of land; then and in that cafe the faid furveyor fhall decide and give the prefer-
ence to the perfon whofe warrant is firfl numbered.
4. And be it further enabled by the' authority aforefaid, That every citizen of this cit!zer.softhis
{fate, or of any other of the United States, that fhall come with an intent to fettle, and "nuedWtM,
form one aUual refidence in this ftate, fhall be entitled to a warrant of furvey, for any Seltowar.
quantity of unlocated lands within the aforefaid counties in manner afore-ding one thou-"'
mentioned, fo as the fame fhall not exceed one thoufand acres to any one perfon what-1"indacrC4'
foever. Provided, That fuch perfon or perfons, have not already taken up his, her, ^r°^-ave not
or their head rights, agreeable to an aft for opening the land-office, paffed the feven- up
teenth day of February, one thoufand feven hundred and eighty-three ; and fhall pay oi^c3tobc
the fees of office at the time of applying for fuch warrant or warrants. pald*
5. And be it further enaBed by the authority aforefaid, That he, ffie or they, fo ap- Persons soap-
plying'fhall pay for each and every acre granted as aforefaid, the fum of three * ffiil-^ytfeeeslJu-
liifgs in gold or filver, that is to fay, in Mexican or Spanifh milled dollars, at four gouTrTUT*
fhillings and eightpence each, and half joannes, at thirty-feven fhillings and four-
pence each, and all other coins at the fame rates in proportion; the one moiety to be
paid in two years from the date of thp warrant, and the other moiety at the expira-
tion of three years: Provided alfo,. That each and every perfon fhall, before obtain- Pr
ing fuch grant as aforefaid, give bond to the governor of the ftate for the time being, g°geda0"bfT"
and his fucceffors in office, for the confideration herein particularly fpecihed, and g™nfeJeUndi
mortgage upon the land fo granted; and upon full payment and difcharge of the
fpecific confideration as aforefaid, each and every perfon fhall have his, her or their
bond and mortgage delivered up, and fatisfa&ion entered thereon for the fame.
6. And be it further enabled by the authority aforefaid, That any perfon producing Exempte4
a certificate from under the hands of two juftices of the county in which he or fhe konUax™
has fo refided, that he or fhe has aBually lived on the faid land fo granted as afore- k^Utlonesrtai4
faid, the whole of the preceding year, and hath cultivated at leaft three acres for every
hundred fo granted; then and in that cafe fuch land fhall be exempted from taxation
for three years from the date of the warrant: Provided, fuch certificate be obtainedProv;3,t
within eighteen months from the time of the furvey of the faid land.
7. And be it further enaBed by the authority aforefaid, That a county furveyor
fhall be appointed for each county, who fhall have the power of appointing affiftaru
furveyors, riot exceeding fix in number, in each county. And the faid county fur- ««nty,emay
veyors are hereby required to lay out and appoint a diftrict for each and everv fuch dcPutie5tx
* See a<ft of 1785, feft. 1, 2,
1
332
LAND ACTS.
afliftant furveyor, who (hall be authorized to furvey within fuch diftrift only, and fhall
make his returns to the county furveyor, who fhall keep a record thereof, and tranf-
tines to be du.m it the fame to the furveyor general, as the law direfts. And the faid furveyors are
with'two^su-11, required, diftinftly to mark the lines round each and every traft which fhall be by
iine^xceptna-them furveyed, and make at leaft two ftations on each line, except fuch Hnes are
turai bounda- mar],eci fry natllral boundaries.
inhabitants ^ whereas, the General A.flembly of this ftate, in confequence of petitions
of virKm;«. from fundry inhabitants of the ftate of Virginia, did, on the thirteenth day of Fe-
bruary, in the year of our Lord one thoufand feven hundred and eighty-three, order
that two hundred thoufand acres of land be referved to the ufe of the faid petitioners,
which land was intended to be located in the aforefaid counties, or either of them; and
for the convenience and intereft of the individuals fo concerned, it is but confonant to
juftice that they be permitted, and they are hereby authorized to fix on the county and
place wherein they would fettle. Be it therefore enabled by the authority aforefaid, That
tip ^1 i o? f to ri
fuch of the faid petitioners as perfonally apply in the manner herein before pointed
wonethsriifteen out' entitled to a warrant of referve for fifteen months from the paffing of
®ut mast reside L ut if at or before the expiration of that time, fuch perfon or perfons fhall
not ^Llually become refidents of this ftate, and remove their families, and fettle and
to beevoid.r'iat cultivate their lands, agreeable to the terms pointed out by this act, then and in that
cafe, the faid warrant fhall become null and void, and the faid land revert to the
ftate, and be granted to any perfon or perfons applying for and entitled to the fame.
Appeals to the 9* -A be it further enabled by the authority aforefaid, That all perfons who have
founcTafiow- caveats depending in manner pointed out by the laft land aft, palled at Savannah the
afofciveatsin feventeenth day of February, in the year of our Lord one thoufand feven hundred
courir6" and eighty-three, or fuch as hereafter may have any caveats arifing under and by
virtue of the faid land aft, fhall be at liberty to appeal from the decifion pointed out
by the fame, to the governor and executive council.* And alfo, That all caveats
refpefting the granting of lands under this aft, fhall be entered in a book kept for
that purpoje, by the fecretar^ of the executive council, and tried before his honor the
governor, or the prefident of the council for the time being, in council, who are
hereby required and empowered to proceed to decide fuch caveats in manner and
v form as they think moft conducive to juftice; and from their decifion there fhall be
Decision to be . ' J
final- no appeal.
The lands lying <And be it further enabled by the authority aforefaid, That all the lands between
iSSwuth the north and fouth fork of the Oconee, up to the prefent temporary line, be referv-
corice, up to ed t the term of twelve months, for the officers, feamen and foldiers who are entitled
ved twelve to land in this ftate, by any refolve of congrefs, or aft or refolve of this ftate, refu-
officer,seamen gees and other militia excepted. And that the fame lands, according to the propor-
^v^tofof-tion allowed to fuch officers, feamen or foldiers, and entitled to the fame, be fully,
freely and abfolutely granted to them, and every of them, their heirs and affigns,
forever, on application for that purpofe, without any reftriftion or encumbrance (of-
ike fees excepted,) or neceffary qualification in regard to cultivation, any thing here-
ft-oviw *n contained to the contrary notwithftanding: Provided, fuch officers, foldiers or
feamen fhall not, by virtue of his bounty, take lands in any other part of the afore-
faid counties.
n. And whereas, the encouragement of religion and learning is an objeft of great
importance to any community, and muft tend to the profperity, happinefs and ad-
* The governor alone decides on appeals, by ad of 1789, fed* 2.
f See ad of 1785, fed. 10.
LAND ACTS.
333
vantage of the fame: Be it therefore enaded by the authority aforefaid, That the sand acres of
county furveyors, immediately after paffing of this aft, Ifwill proceed to lay out in county uulhtr,
each county, twenty thoufand acres of land of the firII quality, in feparate tracts of meat of a col-
five thoufand acres each, for the endowment of a college or feminary of learning,leg<"
and which faid lands fhall be veiled in and granted in truft to his honor the governor
for the time being. And John Houfton, James Haberfham, William Few, J ofeph And vested ;n
Clay, Abraham Baldwin, William Houfton and Nathan Brownfon, elqrs. and their tcb\mtlU>"
fuccelfors in office, who are hereby nominated and appointed truftees for the laid
college or feminary of learning, and empowered to do all fuch things as to thein
fhall appear requifite and neceffary, to forward the eftabliffiment and progrefs of the
fame; and all vacancies (hall be filled up by the laid truftees. And the faid county
furveyors Ihall, in fix months after paffing of this aft, make return to the truftees
herein before mentioned, of regular plats of all fuch trafts as he Ihall have laid out
and furveyed by virtue of this aft.
12. And be it further enaded by the authority aforefaid, That the land granted as
aforefaid, fhall be exempted from taxes.
. .13. And be it further enaded by the authority aforefaid) That if any citizen of any uftATd/ndy
other of the United States, Ihall apply to the juftices as aforefaid, or to the governor■ wk™tffor'e
and executive council for the time being, and produce to themfufficient evidence of his, twclvemontlls'
her or their honefty and fidelity ; and alfo take an oath that it is his, her, or their inten-
tion to remove and become an inhabitant of this ftate; and the faid juftices do certify the
fame, then and in that cafe, his honor the governor and council are hereby authorized
to grant fuch perfonor perfons, fo applying, a warrant of furvey, for any quantity of
land not above one thoufand acres, on referve for twelve months: Provided neverthe- Prov;so.
r lefS) and it is hereby enaded, That if it Ihall fo happen, that any citizen who may
have obtained fuch warrant of referve, and doth not aftually fettle and cultivate the
fame within the tkne before mentioned, according to the true intent and meaning of
this aft, the faid warrant Ihall be, and the fame is hereby made null and void, and the
laid land Ihall revert to the ftate.
14. And be it further enaded by the authority aforefaid, That all the officers and fol- i!i
diers, all the officers and mariners of the navy, officers of the medical department, re-
fugees and citizens, who are entitled to land in this ftate, as bounties for their fervices "oafromS
in manner as above mentioned, Ihall be entitled to have included in their grants"'
an additional quantity of fifteen acres to each hundred acres, in full for and
.in lieu of any exemption of taxes. And every aft, and claufe of an aft allowing fuch
exemption from taxation Ihall be, and the fame is hereby repealed and declared null
and void, any thing to the contrary hereof notwithftanding.
15. And be it further enaded by the authority aforefaid, That aland court Ihall be
opened at Augufta on the firft Tuefday in April next, by his honor the governor or™®rf°;^™°
the honorable the prefident with any three or more of the executive council, for the iiAToVtiW
purpofe of granting out lands under and by virtue of this aft : which faid couit (to be
compofed of his honor the governor, or the honorable the prefident, with any three ghlXuft0
or more of the executive council as aforefaid) Ihall continue fitting from the faid firft
Tuefday in April, for and during the fpace of three months, thence next enfuing, on
every Monday, Tuefday, and Wednesday of each week in the faid term, for the pur-
pofe of granting lands, and figning grants ; and on every Thurfday and Friday of
each week in the faid term, for the purpofe of hearing caveats under this aft. And
it fhail and may be lawful for his honor the governor, the honorable the prefidei if Andtryc.ive.its
' w » A ? Ui.iiyr tlik att.
LAND ACTS.
with any three or more of the executive council, to fit month about in the faid pourt,
fo that whilit the one fhall be at AuguRa with three of the council holding a
land court, the other fhall beat Savannah with a conRitutional number of the coun-
cil, holding and exercifing all the other executive powers of government: Provided
riu\i»o. neverthelefs, That nothing herein contained fhall extend, or be conRrued to excufe
both the governor and prefident, with all the members of the executive council, from
attending and being prefent, when and where the legiflature fhall next meet, nor from
remaining at fuch place during the feffion of the faid legiflature purfuant to the con-
Aitution.
may Mgn grants *6. And ^ it further enaBed by the authority afore {aid, That his honor the govern-
gaVyS.&c.or be requefled to fign grants for all furveys of lands that are or may be lc-
wthoutsettle- gaHy made within the late temporary line, any requifition to cultivate* the fame,
or law or cuflom to the contrary notwithflanding; Provided only, That fuch perform
or perfops as may apply for the fame actually refide within this Rate,
Refugeesand *7• And be it enaBed, That all refugees and citizens of this Rate, who are
state entitled'to by any a61 or refolve of this Rate entitled to land as a bounty, and fhall choofe to
bounties. take fame jn either of the afoiefaid cohnties, on obtaining the warrant and furvey
thereof, and paying the office fees, fhall be entitled to a grant, without any rcRric-
tions whatfoever.
Repealing 1 8. And be it further enaBed by the authority aforefaid> That every part of any aft
cause, ajreacjy pafled,in any wife contrary "to the true intent and meaning of this aft, fhall be
and the fame is hereby repealed.
By order of the Houfe.
JAMES HABERSHAM, Speaker,
Savannah, February 25, 1784.
* Again required by act of 1785, Jfedt. 3.
An aB to amend and alter fome -parts, and repeal other parts, of the feveral land
aBs in this fate.
preamble. \ 7~HEREAS it hath become neceffary to make fome alterations in the feveral
VV land afts of this Rate:
LandsinFrank Be it therefore enaBed by the reprefentatives of thefreemen of thefate of Georgia in
lngtaonnd whto Generab AJfembly met, and by the authority of thefame, That from and after the paffing
be granted, of this aft, all fuch lands as remain unfurveyed, or not taken up by fome perfon or
perfons under a lawful warrant for that purpofe, in the counties of Wafhington and
Franklin, fhall be, and the fame is hereby1 declared to be put upon the following
footing, that is to fay, the faid lands fhall be granted out, to any perfon or perfons ap-
plying for the fame, in the like manner, by the like rights, and under the like reflric-
tions as are pointed out for difpofing of lands, under the land aft, pafled the feven-
teenth day of February, one thoufand feven hundred and eighty-three, and the fup-
plementalaft thereto, paffedon thefirflday of Augufl, in the year of our Lord one
thoufand feven hundred and eighty-three, except only, that the perfon or perfons
applying for and obtaining fuch lands, as far as the quantity of one thoufand acres,
moneybabe not be liable or obliged.to pay any purchafe money or confideration for the
required, fame, office fees only excepted: Provided notwithfanding, That for all lands hereto-
LAND ACTS.
335
fore furveyed by virtue of an a£l, entitled " An aft for opening the land office, and "SSeS
for other purpofes therein mentioned," the owner thereof ihall pay the valuation ofveyc<1,
faid lands, agreeable to laid ads.
2. And be it further enacted ly the authority aforefaid, That all other vacant lands
in the counties of Chatham, Effingham, Burke, Richmond, Wilkes, Liberty, Glynn, Sminni!
and Camden, {hall be, and the fame are hereby diretled to be granted out in the fame
manner as before mentioned, in refpefl to the laid counties of Washington and Frank-
lin, that is to fay, on the head rights, gratuitoufly, as far as the quantity fixed by
law, and without any purchafe money or confideration for the fame: Provided alfo, proViso.
That fuch perfons fo applying {hall take the following oath or affirmation: 441, A. B. faKioaa?
do folemnly and fincerely fwear (or affirm, as the cafe may be,) that the head rights Formtl^rcof'
{delivered in by me are juft. and true, and that I have not, nor hath any perfon 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 other county within this ftate; nor have I, or
any other perfon for me, difpofed or fold the fame, fo as the head rights of my fa-
mily may be illegally obtained."
3. And be it further enaBed, That any time hereafter, if any perfon or perfons Personsconvio
convided of having aded contrary to the above oath, after having taken the fame, shaufo^SitTc
exclufive of the pains and penalties annexed to perjury, fliall forfeit the land fo lrauAherofthHcgai
dulently obtained, and the fame {hall be from thence confidered as revelled in the punishment,
ftate; and that no perfon applying ffiall obtain any warrant, furvey or grant, unlefs Warrants>up(m
for himfelf or themfelves, or for his, her or their own family or families; and that
any perfon or perfons, who Shall obtain lands under and by virtue of this ad, Shall,ted*
in eighteen months thereafter, lettle on and cultivate three acres for every hundred
acres of the fame, and in cafe of non-compliance, he, ffie or they, ffiall be fubjed to
treble tax for faid lands.
4. And be it further enaBed by the authority aforefaid, That the ju dices of the peace Land courts to
for the counties of Washington and Franklin ffiall, in future, form a land court,
and fliall grant land, try caveats, and gtherwife proceed in the fame manner as the theotuer'coun-
juftices do in other counties of this ftate; and fliall in all refpeds have the famepow-
ers committed to them over the county Surveyors, and others concerned in the land
bufinefs, as the faid other juftices have. '
5. And be it further enaBed by the authority aforefaid, That in cafe any Surveys Allsurveysand
have been made, or grants obtained for any lands lying or being without or beyond ^Thosut0therd
the lines of fome one of the counties of this ftate already laid out; all and every fuch
furvey or grant fliall be confidered as fraudulent, and the fame is hereby declared nu][andvoid-
and void ; knd the perfon or perfons making fuch furveys, or obtaining fuch grants, offenders, imw
ffiall be profecuted and puniftied agreeable to the eleventh fedion of the land ad,
fed on the Seventeenth day of February, in the year of our Lord one thoufand Seven ^^tinihe
hundred and eighty-three. No grants fliall be Signed till the furvey has been adverti- t?errctda«dad-e
fed by the furveyor of the county, at Ieaft three months after they have been recorded
by the faid county furveyor; and that the Surveyor be allowed one Shilling and twTo-HiTee.
pence for every fuch advertifement, to be paid by the grantee. a surveyor
6. And be it enaBed, That where it ffiall appear that any furveyor has knowingly runni'i Arross
run acrofs another's line, or furveyed land, before furveyed, the lall mentioned furve) surveying'i°nd
ffiall be deemed null and void, and fuch furveyor liable to a find of fifty pounds foi
every offence to be recovered by aflion of debt, in the Superior court of the count)
where the faid lands ffiall lie, one half whereof fliall go to the party who ffiall inform ^dt;-heve.
and Sue for the fame, and the othei half to be paid into the public treafury. All grants aa,i
336
LAND ACTS.
when regiflered in the hooks of the county furveyors * agreeable to law, fh*all be
?eyoT'saScc,r"regiftered, not only in the name of the perfon to whom it is granted, but alfo in the
name of the perfon who then holds the fame ; and unlefs it is fo regiflered in the books
of the county furveyor, within one year after palling the grant, it fhall be deemed va-
cant land, and be liable to be furveyed by any perfon who {hall apply for the fame?
conntvsurvey, and every county furveyor who (hall fail to regifler fuch grant within three months
after the fame is delivered into his office, fhall forfeit and pay the fum of fifty pounds
tyronnrts'ind" fpecie, to be recovered and applied in manner aforefaid. and fhall pay all damages to
all damages. f • ■ , , r 1 1 Cl
the party injured by luch neglect,
wrercthere 7. And be it alfo enabled, That in cafe two - 'ants fhall be given for one and the fame
for the same1* trafcl of land, each of them obtained within the time allowed by law, that in fuch cafe the
er^oKdSt elded furvey fhall be deemed valid in law, in fo far as to entitle the party who made the
Cover' ilou !e Hrft furvey to an aflion of damages again ft the other, and the faid land fhall be fubjefT
tilcUndT^e to an execution founded on any judgment in fuch fuit in preference to any other
sh'jhVto encumbrance or claim whatfoever. Provided, the faid fuit be brought within five
b^rough'Mn'>'ears a^ter l^e date of the faid furvey, and when it fhall appear by fufficient evidence
thciiarcroffter to a court and jury, that any perfon hath obtained a grant, the right of preference
mid survey. to ^vhich lands was, at the time of obtaining the faid grant, by law veiled in any oth*
er perfon, then and in that cafe, fuch perfon fo offending fhall forfeit and pay the in-
jured party a fum equal to twice the value of the faid lands, or relinquifh the fame,
newed'fefr'six 8. And be it further enacted by the authority aforefaid, That all warrants already
months granted, fhall be, and the fame are herebyTenewed for the term of fixt months inftead
Persons claim- of three, as had been heretofore ufed, bounty warrants excepted: which fhalf not be
tcday their out of date at any time before they are located.
fore the land 9. ./4?id zt'/ierazs, it is apprehended that great abufes have happened in regard to
bounties: Be it therefore enabled by the authority aforefaid, That in future*" all and
every perfon or perfons whatfoever, who conceive himfelf and themfelves entitled to
bounty, fhall lay his, or their vouchers or credentials, before the faid land court,
where they apply for the fame, who fhall, on a full confideration of all circumflances
one year ai- refpe&ing the petitioner, either grant, or rejefl the application, as coming or not com-
L?such°cStais. ing within the fcope and intention of the feveral laws of this flate for granting boun-
Line between ties; and no furveys of land due as bounties from this flate fhall be allowed, unlefs
pieand?nuuM brought in apd claimed within one year from and after the pafiing this a£l.
tained.s<"er~ 10. And in order to afcertain and determine the line between the white people and
the Indians of this flate, Be it enabled by the authority aforefaid, That his honor the
governor, by and with the advice and confent of the executive council, fhall nomi-
nate three fit and difcreet perfons on the fide and in behalf of this flate, and fhall fend
up to the Creek nation and invite them to appoint perfons on their fide, and in behalf
of their nation ; which faid commiffioners on both fides fhall, as foon as poffible meet,
and in conjunfiion run. the faid line, agreeable to treaty, and according to law, en-
he extended' to deavoringto obtain for the white people, as large a compafs of ground as they can;
to'Sci^d an<^ *n ca^e commiffioners extend the faid line as far as the branch of the
^rnufsoNnti" Oconee, called the Little River, that then the two forks of Oconee, the one made by
iiery, &c. Little River and the other by the branch next above the fame on the fouth fide of the
faid river Oconee, fhall be deemed a referve to make good the engagements to the
continental foldiery, and feamen and ofhceis of the medical department of this- flate;
and no furveys or grants, (except fuch as have been already made to the faid foldiery,
* Repealed by a& of 1786. See fee. 2.
Extended to two years by a& of 1786, fee. 3.
LAND ACTS,
337
leamon and -officers- of the medical department) within the faid Forks fhall be held and
confidered as good and valid, unlefs the fame fhall appear to be agreeable to the terms
of this a6l : and after the faid line fhall be run as aforefaid, there fhall be one yearal- , ,
* * Who 'jhaJ! He
lowed to the faid foldiery and Feamen, and officers of the medical department, to make *dpv£l°rnernn.
their furveys,and take out grants for their refpeflive bounties to which they are entitled
within the faid river. tjdriurvev*.
11. nd be it further enabled by the authority aforefaid, That the furveyors of Wafh - c.mnty fur-
ington and Franklin counties fhall be under the fame regulations as the furveyors ofthtirowV1"1
fhe other counties within this fiate. ' cou..tyhaej.
12. And be it further enabled by the authority aforefaid, That the county furvey-
ors of each county are hereby authorized and required to afcertain and run their re-
fpeflive county lines, according to the conftitution and laws of this flate, except fuch
as are already afcertained, the cxpence whereof fhall be equally borne and difcharged
by the two counties wbofe divifion line it is.
JOSEPH HABERSHAM, Speaker.
Savannah, February 22, 1785.
An abt for the ratification of certain agreements made and entered into by commijfion-
ers, appointed by the legiflatures of Georgia and Carolina, for the purpofe of fet~
tling certain difputes relative to boundary.
W"HEREAS, by an ordinance pafied by the legiflature of this flate, commif- S\ctS:.
fioners were appointed and authorized to meet other commiffioners, fimilar- ^0^13
ly appointed by the flate of South-Carolina: And whereas, the faid commiffioners.
or a majority of them from each flate, were veiled with full powers to fettle all dif-
ferences, controverfies, difputes and claims, which fubfifled between the two flates,
relative to boundary : And whereas, they, conformably to thofe powers, did, on the
twenty-eighth day of April, in the year one thoufand feven hundred and eighty-fe-
ven, in convention at Beaufort, in the flate of South-Carolina, by certain inftru-
ments of writing to which the faid commiffioners interchangeably fet their hands and
affixed their feals, make mutual conceffions and agreements for the purpofe aforefaid:
Be it therefore enacted by the reprefentatives of the freemen of the flate of Georgia in
General Affembly met, and by the authority of the fame, That whatever was done by
the faid commiffioners, or a majority of them as aforefaid, is hereby ratified, and
fhall be confidered as binding upon the citizens of this flate, any law to the contrary
notwith Handing.
NATHAN BROWNSON, Speaker.
Augufla, February, 1788.
An abl to prevent perfons from fettling or furveying any part of the late cejfionof lands
between the rivers Alatamaha and St. Marfs.
1. T % THEREAS it is not proper that any of the late ceffion of land, between the PremMe.
V V Alatamaha and Su Mary's River, fhould be fettled or located at prefent;
U u
338
LAND ACTS.
vAyin«-rthesur' %e lt enaBcd by the reprefentalives of the freemen of the fate of Georgia in General
lwlsivinKIybc-" AJfembly met, and by the authority oj the fame, That no perfon (hall prefame to fur-
tSIIst.'Ma- vey or fettle on any land lying between the Alatamaha, and Oakmnlgee and St. Ma-
tnui^ee Rivers,ry's Rivers, above the old Indian boundary line, being lands lately ceded to this Hate;
wLsTon<!fethe and if any furvey fhall be made, it ihall be of no effeft, and the perfon making fuch
shaii forfeit one furvey (hall forfeit and pay the fum of one pound for every acre of land fo furvey ed:
^tlforc%ery And all warrants for furveying lands within the above boundaries, and all grants of
lands therein, are hereby declared void, null and of no effect; and all fuch lands fhall
(till be deemed vacant land, and fhall be liable to be furveyed as fuch, when the le-
giflature fhall give permillion to locate the lands above mentioned: Provided, That
nothing herein contained fhall extend to the counties of Glynn and Camden, the va-
cant lands of which may be furveyed as formerly.
And if any perfon fhall fettle on the faid lands before the legiflature fhall give per-
miffion to locate the. fame, fuch fettlement fhall not give any right of pre-emption or
preference whatever.
vnnec«3Aryto 2. And be it enabled by iKe authority aforefaid, That fo much of the late land law
as requires all perfons to regiher their grants in the office of the county furveyor,
within twelve months from the date thereof, be and the fame is hereby repealed.
JKrSStofdate 3* A nd be it enaBed, That no warrant fhall ever be out of date, if furveyed with-
..tar two yean. jn t^Q years from the date of faid warrant.
By order of the Houfe.
WILLIAM GIBBONS, Sjieakr.
Auguha, February 13, 1786.
A fupplement to the feveral land laws of this fate.
Thcg oremor l. T) E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
fomandman- jLJ Georgia in General AJfembly met, That the governor be, and he is hereby
gramspasbmg empowered to direft the form and manner of paffing grants for land through the
fecretary of the hate's office, any law, cuftom or ufage, to the contrary notwith-
handing.
Hesha'isign 2* Aati be it further enaBed, That the governor be, and he is hereby vehed with
i?eLTnadetder-a^ powers of governor and executive council, under the late conhitution, fo far
veatsonca" as the faid powers extended to the hearing and determining on caveats and figning of
grants.
Three justices 3* And be it alfo enaBed, That any three or more juhices of the peace in their
tandcoErt* refpe£tive counties, fhall ufe and exercife the powers given to four juhices and an af-
fihant juhice, by an a61 entitled " An aft to repeal and amend fome part of an aft
fhneleshaii°sign entitled, an aft for opening the land-office, paffed the firft day of Auguh, one thou-
thewarrams. panc| feven hundred and eighty-three." Provided, That the faid three or more juhices
fhall each of them fign all warrants for land by them granted.
The beginning 4. And be it further enaBed, That no plat of any furvey fhall hereafter be allowed
de^yse|f0rth to pafs the office of the furveyor general, or any county furveyor which does not
fm^giw^ond c^ear^y ^et beginning corner of fuch furvey, and no county furveyor fhall be
Jjothou- allowed to proceed in the duties of his office, without firh giving bond and approved
fecurity in the fum of two thoufand pounds.payable to the governor for the time be-
LAND ACTS.
339
ing and his fucceffors in office, for the faithful difcharge of the duties required of
fuch county furveyor.
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefidmt oj the Senate.
Concurred, December 23, 1789.
EDWARD TELFAIR, Governor.
An aB to vejl certain powers in his excellency the governor, to prevent abufcs in ,<Y.: r;?>.3
furveying lands already granted, and lands furveyednot within the limits oj any conn-
ty,defcnbtd by law, and for other purpofes.
1. T)E IT; ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia in General Af embly met, That his excellency the governor be, and Thegovemor
he is hereby required on the information of any perfon or perfons on oath, letting
forth, that any furvey or furveys of land within this Hate have been illegally made, keying'1
and contrary to the laws thereof, that then, and in that cafe, he ftay all proceedings
on all fuch furvey or furveys, and that he notify in the public gazette, for lixty days',
requiring the party or parties to appear before him at the executive chamber, there
to be examined on the premifes, on oath, and to judge and determine according to
law, and the opinion he may entertain of the evidence, and on fuch determination,
either to annul and render void, the faid proceedings had on fuch furvey or furveys,
or fully to carry into effeft, by granting of the fame, any law to the contrary not-
withftanding.
2. And be it enabled by the authority aforefaid, That no county furveyor or his on what way
deputy (hall, after the palling of this aft, admeafure or furvey to any perfon or
perfons poffeffed of, or holding a warrant ilfued prior to the tenth day of December
inftant, except fuch warrant lhall appear to be the head rights or bounties of the pof-
feffor, founded on the laws of this liate; and the jullices within the feveral counties,
holding land courts, are hereby exprefsly forbid to make any renewal of transferred warrant' Ltt*
° ,r 1 1 -in 1- bt renewed.
warrants whatloever, any law to the contrary notwithstanding.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BEMJAMIN TALIAFERRO, Pre/tdent of the Senate.
GEORGE MATHEWS, Governor.
December 25, 1794.
AnaB for preventing controverfies concerning the bounds of land, and for proceffioning
the fame.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate g/rhree proee«»
JL3 Georgia in General Affembly met, and by the authority of the fame, That once in "omiKd
every ten years, the bounds of every perfon's land lhall be proceffioned or gone dbCtria°.mp,mT
round, and the land marks renewed in manner following, that is to fay, it fir all be the
duty of every captain or commanding officer in each militia company dillrift through-
out this Hate, at their refpeftive company mufters, after the firlt day of June next,
to hold an elcftion for three perfons, who lhall be appointed proceffioners of land
1
34°
LAND ACTS.
Their duty. for each di(lri6l; and all and every perfon in this ftate are hereby required, to proJ
cefiion and go round their refpe&ive tra&s of land, in manner and form as is here*
after pointed out by this a£l, that is to fay, wherever two perfons' lines join, they
are dire&ed and required to meet and chop, or plainly mark the fame, with one or
more perfons difinterefted, to fee that they do notdifagree refpe&ing the land marks,
and make new line trees; but whenever a difpute fhall arife about fuch line, the com*
miffioners or proceflioners appointed as aforefaid, fhall come forward with the coun-
ty furveyor, to affift in afcertaining and determining the true line between the parties,
and mark out the fame, each commiflioner receiving for fuch fervice one dollar per
day, and the furveyor two dollars per day, which fhall be paid equally by the parties
disagreeing as aforefaid; and where one of the parties concerned, or his agent or re-
prefentative, after being duly fummoned fixty days before the day for proceffioning
the fame, fhall fail or refufe to attend, it fhall and may be lawful for the other party
to call on the proceflioners, who fltall then proceed to mark out the line, at the ex-»
pence of the party refufing or failing to attend as aforefaid.
cc8s?on\0dLpro* 2. And be it further enacted, That all lands throughout this ftate fhall be procef-
under the pan- fioned or gone round, in manner and form as pointed out by this a£l, in twelve
died dollars. months from and after the firft day of June next, under the penalty of one hundred
dollars for the omiflion or refufft of every perfon or perfons fo refufing, one half
to go to the informer, and the other to county ufes, to be recovered by bill, plaint or
information, in any court having cognizance thereof,
5au"ling 3* ^n^ ^e ^ Jur^Ler esiabled, That all laws paffed for this purpofe be, and the fame?
are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativ.es
DAVID EMANUEL, Prefident of the Senate.
Afiented to February 2, 1798.
JAMES JACKSON, Governor*
An act to revife and amend " An aU for preventing controverfes c&ncerntng 4he bounds,
of land, and for proceffioning the fameP
1. T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of Geor
Tunes ferpr®- JO gia in General AJfcmhly mety and by the authority of the fame, That the time
Sr^antto allowed for proceffioning lands by an a£i, entitled " An a£t for preventing controvert
fies concerning the bounds of land and for proceffioning the fame,'* pafled at Lou-
ifville the fecond day of February, one thoufand feven hundred and ninety-eight,
fhall be and the fame is hereby extended to the firft day of July in the year of our
Lord eight hundred; and any perfon failing to procefiion and new mark the true
lines of their land in manner therein pointed out, fhall be fubje£t to the fines and pen-
alties therein mentioned.
SiEfglfpS" 2* ^71^ enabled by the authority aforefaid, Tl'hat whenever any perfon in-
landsmust give tends to proceffion his lands which adjoin lands belonging to any other perfon, or per-*
tont£e"onicc^ons> may refide in the county in which the lands lie> then and in that cafe,
tbecounty11 wr^ten notice fhall be given to fuch perfon or perfons at leaft ten days before, that
he will on a day fpecified in the notice proceed to proceffion the lands adjoining fucb
perfon, and if the perfon fo notified fhall fail to attend at the time appointed* then the
LAND ACtS. hi
oppofite party may in prefencie of tbe neighbors, or inhabitants contiguous to tha
land, go round and mark his tree lines, which fhlall be confidered on his part as*
fully complying with the before recited aft. '
3. And be it further enabled, That whenever any perfons own lands in this ftate, if out of the
adjoining-land of another who r^fides out of the county in which the lands may
intended to be proceffioned, then and in fuch Cafe notice fhall be given by advertife- zette /orsix^
ment in one of theipiiblic gazette^of this ftate, that he will on a day therein mentioned,moa
proceed to proceffion his own lands as herein before direfted, which fhall be published'
at leaft fix rhonths. previous to the time appointed for proceffioning the lancU, and the
expence of advertifing- fhall be paid by the owner or owners of the landno be noti-
fied. l '
4. And be it further enabled, That any perfbn or perfons may as a'gent or attorney AReatg
for the owner of any lands to be proceffioned, on producing a part or parts, and grant jj£S?*ioa
or grants thereof, proceed to proceffion the fame, for and in behalf of the proprie-
tors, in like manner as if they were themfelves prefent, and had done the fame.
5. And be it further enabled, That whenever the lines of lands are difputed, and
are refurveyed as direfted by the before recited aft, that thefrand in every fuch cafe, Sy^sur-
a plat of fuch lands be made out by the county furveyor or his legal deputy, and cer- corded"nh£"
tified by him, and the k proceffioners of the diftrift, and fhall be by ftaid furveyor re-office-
corded in his office. Provided, That nothing in this aft contained, fhaU extend, or Proviso,
be conftrued'to extend to aifeft; the drafts of land fold under thp confiscation Jaft,
where the plats fhalf ?nbt appear bf record in the furveyor general's office/ fo as to give
a preference of title foV'want of protefEonin^. And provided aljfo, That where plats pr0vi*>.
for Jands,'granthd or furVeypd* for any" jkrfon br perfons, prior to the fourth day of
July one thou&ndTeven hundred and feventy-fix, {hail not appear of1 record in the
furveyor general's ofh'ce, and the lofs of the original plat fhall be -fatisfaftorily proven
to the proceffioners by the perfbn holding or claiming apy traft/oifttafts of land as a-
forefaid,. the faid prbcdfioners fhall proceed to pVoCeflion from the belt evidence in
their power to*bbtain. f A * i
6. And be it further entitled, That retifrni of the eIefto,rs <pf all proceffioners here-
tofore or hereafter to be made-, and fhall be deppfited of fecprd in the clerk's officejSnintSbe6,
of the fuperior coxirt, in the c-ounty wherein Jheyfhall Or may tefo appointed; andclerk'soCie*'
where ahy vacancy fhall happen in'the appointment bf proceffioners, either by death,
refignation, removal out of th'ediftrifts, or bthertvi/b, fuch vacancy fhall be filled in
manner, pointed out by the faid recited aft, and fetu'w thereof mack hefein before
-direfted. 1 I 1 " T f ' 1 r, 1 '
' - DAVID MERIWETHER, 'Speaker of the Houfe of Representatives.
* > ROBERT WAhTON?'Pref deift oftht Senate,
Affented to February 18, 1-799'. "
JAMES -JACKSON, Governor.
An aft to- add a numbet of plats, collebled by the fecretary of fate, to the furveyor ge*
j I i neraVs bjice.1
. f 1
WHEREAS the fecretary of Hate, hath produced a book, wherein he hath co-
pied fix hundred and fixty-four plats from the originals, found amongft Ioofe
LITERATURE AND GENIUS.
papers in his office, which have been examined by the furveyor general, and by him
certified to be accurately copied from the faid originals, and it is proper that all fuch
old plats as have been loll or deftroyed during the late war, fhould be replaced when-
M&tseoiiefted ever opportunity offers: Be it therefore enabled by the Senate and Houfe of Reprtfcn-
?v,adCdedCtoU" tatives of thejlate of Georgia in General Affembly met, That the faid fix hundred
gcncraEiofficc. and fixty-four plats or furveys be, and the fame are hereby attached to the office of
furveyor general, and are hereby declared to conftitute a part of the records of that
office.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives«
DAVID EMANUEL, Prefdent of the Senate*
Affented to February 2d, 1798.
JAMES JACKSON, Governor.
LITERATURE AND GENIUS.
.. An aB for the encouragement of literature and genius.
iambic i.T^7HEREAS the principles of natural equity and juftice require, that every.
V V author ffiould be fecured in the receiving the profits that may arife from
the fale of his works, and fuch fecurity may encourage men of learning and genius
to publiffi their writings, which may do honor to their country and fervice to man-
books'nf/ s kind: ^ enaBed by the reprefentatives of the freemen of the fate of Georgia, in Ge-
?xc'iu&nfightnera^ Affembly met, and by the authority of the fame) That the author of any book or
fourtceny^Ss'PamP^^et not yet Printed, or of any map or chart, being an inhabitant or refident
in thefe United States, and his heirs and affigns, ffiall have the fole liberty of print-
ing, publifhing and vending the fame within this ftate, for the term of fourteen years,,
to commence from the firft day of its firft publication in this ftate. And if any per-
fon or perfons, "within the faid term of fourteen years, fhall prefume to print or re-
print any book, pamphlet, map or chart, within this ftate, or to import or introduce
into this ftate for fale any copies thereof, reprinted beyond the limits of this ftate, or.
Ihall knowingly publilh, vend, and utter or diftribute the fame, without the confeut
of the proprietor thereof in writing, figned in the prefence of two credible.witneffes,
every fuch perfon or perfons fhall forfeit and pay to the proprietor of fuch book, pam-»
phlet, map or chart, double the value of all the copies thereof fo printed, imported,
diftributed, vended or expofed for fale, to be recovered byTuch proprietor in due courfe
^..,0 of law: Provided neverthelefs, That no author, affignee or proprietor of any fuch
aieVnhor or book, pamphlet, map or chart, fhall be entitled to take the benefit of this ftatute,
Fheptuietoto'b«h until he ffiall duly regifter his name as author,- affignee or proprietor, with the title
Suiy.nthe thereof, in the office of the fecretary of the ftate, who is hereby empowered and di-
B Ke reHed to enter the fame on record.
if the author n 2. And be it further enaBed by the authority aforefaid. That at the expiration of
endnoffouneen the faid term of fourteen years, in the cafes above mentioned, the fole right of print-
E;£c'.have ing and difpofing of fuch book, pamphlet, map or chart, in this ftate, ffiall return
£Sht to the author thereof, if then living, and his heirs and affigns for the term of four-
f«*rsmore. years more, to commence at the end of the faid firft term ; and that all and eve-
ry perfon or perfons who Ihall reprint, import, vend, utter or diftribute in this ftate.
LITERATURE AND GENIUS.
343
any copies thereof,''without the confent of fuch proprietor obtained as aforffaid, du-
ring the laid fecond term of fourteen years, fhall be liable to the fame penalties, re-
coverable in the fame manner as is herein before enafted and provided.
3. And whereas, it is equally neceflary for the encouragement of learning, that proprietors to
the inhabitants of this ftate be furnifhed with ufeful books, Sec. at reafonable prices '. put)!ic with suf-
Be it further enacted, That when any fuch author or proprietor of fuch book, pam- afleaLfnfwe"5'
phlet, map or chart, {hall negleft to furnifh the public with fufficient editions there- su jeCt to the
of, or {hall fell the fame at a price unreafonable, and beyond what may be adjudged penor court.
a fufficient compenfation for his labor, time, expence and rifle of fale, the chief
juftice of the ftate, on complaint thereof made to him in writing, is hereby authori-
zed and empowered to fummon fuch author or proprietor to appear before the next
fuperior court, to be holden in the county where fuch author or proprietor dwells, if
a refident of this ftate, if not, in the county where fuch complainant dwells; and laid
court is hereby authorized and empowered to enquire into the juftice of fuch corn-
plaint, and if the fame be found true, to take fufficient fecurity of fuch author or
proprietor, conditioned that he {hall, within fuch reafonable time as faid court fhall
direft, publifli and offer for fale, in this f^ate, a fufficient number of copies of fuch
book, pamphlet, map or chart, at fuch reafonable price as fuch court {hall, on due
confiderationj affix; and if fuch author or proprietor4'fhall before faid court, negleft
or refufe to give fuch fecurity as aforefaid, the faid court is hereby authorized and
empowered to give fuch complainant a full and ample" licenfe to reprint and publifh
fuch book, pamphlet, map or chart, in fuch numbers and for fuch term as laid court
fhall judge juft and reafonable: Provided, fuch complainant fhall give fufficient le-
curity before faid court, to afford faid reprinted edition at fuch reafonable price as
faid court fhall thereto affix.
4. And be it further enacted That any perfon who (hall procure and print any un-persons, print,
publifhed manufcript, without the confent and approbation of the'author or propri-
etor thereof, firft had and obtained, if fuch author or proprietor be living and reft-
dent in, or inhabitant of this, or any other of the United States, fhall be liable to fuffer
and pay to the faid author or proprietor, his juft damages for fuch injury, to be re-
covered by aftion brought on this ftatute in any court of law in this ftate, proper to
try the fame. Provided always, That nothing in this aft {hall extend to af-Prov5s0j
feft, prejudice, or confirm the rights which any perfon may have to the printing or
publifhingof any book, pamphlet, map or chart, at common law not mentioned in
this aft, or fcreen from legal punifhment, any perfon or perfons who may be guilty
of printing or publifhing any book, pamphlet, or paper that may be profane,
treafonable, defamatory, or injurious to government, morals, or religion. Provided
alfo, That this aft fhall not extend, or be conftrued to extend in favor, or for the
benefit of any author or perfon refiding in, or inhabitant of any other of the United
States, until the ftate or ftates in which fuch perfon or perfons reflde or dwell, fhall
have paffed fimilar laws, in favor of the authors,;of new publications, and their heirs
and afligns.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
' Augufta, February 3, 1786.
344
LAZARETTO, U
An act t6 empower the convmiffohers therein named, to pur chafe from Jofah Tatnall, efq*
his executors or adminijlrators, one hundred and four acres of land, for the purpofe
of erecting a lazaretto upon Tybee Ifland.
p«unbie, 1. TIT 7HEREAS the frequent importation of cargoes of fiaves Into this province,
yy renders it necefiary to have fome buildings erefled in a convenient and fafe
place, where fuch flaves can be landed, and in cafe of diftempers being among them,
be properly lodged and attended. And whereas the general affembly of this province,
have thought the wefternmoft point of Tybee Ifland, and within the creek, a proper
place for that purpofe, which land is the property of Jofiah Tatnall, efq. Be it there-
«nehundredeffort enalted, That immediately from and after the paffing of this aft, it {hall and may
ifr<io"rybfee be lawful for the commiffioners hereinafter named, or any three of them, to accept
purchased, for and take from Jofiah Tatnall, ^fq. his executors or adminiftrators, a fit deed of con-
LLaKttol&c. veyance in the law, by him»or tl;em to be duly executed, whereby to veil in them the,
faid commiflioners, and the furvivors or furvivcr of them, and the heirs of fuch fur-
vivor, in truftjtq and f°r thp u^e of the public of this province forever, onehun-
dred and four acres of laqdj fijtuate and being upon the ifland of Tybee, in the faid
province, and being thg'tveft.$rpmofi;kpoint ^e faid ifland, and for the purpofe of
vested in com- ere&ing a lazaretto, ai^|d other buildings ; and of which premifes the faid commiffion-
puulcl%ss.foc ers5 an^ lhe furvivcm of them, and the heirs of fuch furvivor, {hall {land feized for
the ufe of the ppbfic of^ this province as aforefaid, and upon receipt of fuch deed or
conveyance, to pay to the faid Jofiah Tatnall, ,his executors, adminiftrators or af-
figns, the fum of Jevepty pounds, lawful money of the faid province, for the pur-
chafe thereof, wh'icjh fujp of fqyenty pounds (the tyeafurer is hereby direfled and em-
powered to pay to the faid commiflioners, or any three of them, out of the produce
of the tax for the prejfent, year. , " ,
/Commissioner? 2 • And be(t furthtf enacted, That the honoiable Noble Jones, Grey Elliot, and
nominated. Alexander Wyly, efqrs. and Jofeph Gibbons and John Smith, efqrs. be, and they
are hereby nominated and appointed commiflioners for executing and putting in
force this a£l, according to the true intent and meaning thereof, t
ALEXANDER WyLY, Speaker.
JAMES HABERSHAM, Prefidint.
JAMES WRIGHT.
March .26, 1767.
LIGHT HOUS.E.
An act to empower the fenators, or one fnator and two reprefentativesfrom this fate,in the
congrefs of the UMLecL£tatesyto fgrhfedlgfrcl deliver a deed of.cejfion,^ofthe lighthouf6
on Tybee Ifland, and fve acres of land belonging thereto, to -the United States.
Light house on 1. T>£ IT ENACTED by the Senate^and Hdufe of Reprefentatives of the fate of
w^five^cres JlJ Georgia in General Affembly met, That from and immediately ^after the paf-
g£f£f£u"fing °f this a£t, it {hall be lawful for the fenators of this ftate in the congrefs of the
United States, or for one of the faid fenators, with any two of the reprefentatives of
this ftate, to the faid congrefs, to fign, feal, and deliver a deed of cefiion to the United
States, on behalf of this ftate, of, in and to the fame, and of five acres of land neareft,
.LUMBER.
345
adjoining, and belonging thereto-, to hold the fame and every jpatt thereof to the fait!
United States forever. Provided always, That the faid United States {hall keep the tXvLpt m
fame in proper repair, and {hall lupply the fame with the neceifary lights. And pro jjijaS1 SUF"
vided alfo, That the att allowing threepence per ton for clearing and removing wrecks p{
and other obRruftions in the river Savannah, be continued until the fame fhall be threepence
... 7 cuucu.ua!.
completely cleared.
WILLIAM GIBBONS, Speaker of the Iloufe of Reprefentalives,
NATHAN BROWN SON, Prefiitnt of the Senate.
EDWARD TELFAIR, Governor>
December 15, 1791.
LUMBER.
An act to regulate the -admeafurement and infpettion of lumber,flaves^fhingles^ dnd for
other purpojes therein mentioned4*
1. "OE IT ENACTED ly the Senate and Houfe of Reprefentatives of the fate of hndi" ws
13 Georgia in General Affemhly met, and by the authority of thefane, That from mercbanUt,tf'
and after the palling of this afct, ranging timber, fcantling and boards, fhall be deem-
ed merchantable ©nly, when made, fhaped^ formed and conditioned as is herein af-
ter direDed, that is to fay, all ranging timber, fcantling and boards, {hall have fquare
edges, be found, and without" decay: Neverthelefs, if any fcantling or boards to bedecayed,
meafured and infpeCted under and by virtue of this aft* {hall be fplit, decayed or coumedIn ad-
fraftured more than two feet, and lefs than fix feet from the end thereof, in that cafe,mea!,uiemcnt#
fuch fplit, decayed or fraftured part (hall be left out, and not counted in the faid mea-
furement.
2. And he it further enabled, That pipe, hogfhead and barrel Haves, fiiingles and Staves, shirt-
heading, &c. {hall be confidered merchantable only, when made, formed, fliaped IiSm«ch2k
and conditioned in manner following, viz. pipe Haves to be at leafl fifty-four inchesabIe*
in length, three and an half inches in breadth, and one inch thick on ihe edge; hogf-
head Haves to be forty-two inches long, three and an half inches broad, the one edge
an inch, the other not lefs than three quarters of an inch thick, found and free from
worm-holes or knots; barrel Haves to be two and an half feet long, not lefs than three
and an half inches wide, one inch thick on the one edge, and not lefs than three
quarters of an inch thick on the other edge, Hraight, and free from decay, worm or
knot holes; heading to be two and an half feet long, fix inches broad, an inch
thick on the one edge, and not lefs than three quarters of an inch thick on the other
fide, found, and free from decay, worm or knot holes; Hi ingles to be twenty-two
inches long, not lefs than three and an half inches wide, a half inch thick at the thick-
er end, not decayed, free from worm or knot holes.
3.+ And he it further enafied, That the infpeftors and meafurers to be appointed
herein after directed, fhall and are hereby entitled to receive for their trouble and their duty*
care, in and about the infpe&ing, meafuring or afcertaining the quality and dimen-
Xx
* This aft, fo far as refpefts the idmeafurement of lumber, repealed by aft of 1798* which was re*
pealed b.y aft of 1799, feft. 8.
f This feftion repealed by aft of 1799, feft. 1 and 7.
345
LUMBER.
fions of merchantable lumber of the various forts as herein before enumerated, the
prices and compenfation following, viz. For. ranging timber per thoufaiid feet, feven-
pence; for fcantling and boards per thoufand feet, one {hilling and ninepence; for
superficial ilaves and heading per thoufand, three {hillings and fixpence; for {hingles per thou-
fand, one fhilling and twopence; for live oak and cedar, three {hillings per hundred
ced.ir r
Refuse lumber teet.
and fees. ^ Re-ena&ed by aft of 5th December, 1799, fe&ions 4 and 6.
5 Repealed by aft of 1799. •
6 Re-enafled by aft of December, 1799.
ted^y early by 7. And be it further enabled, That perilous appointed to be infpefilors and meafu-
Tobe'swoi'n & rers of lumber as aforefaid, lliall, before they enter on the duties of their office,«take
|u£t;n the oath or affirmation following, viz. "I, A. B. in the pretence of Almighty God,
do folemnly fwear, or affirm, that I will fairly and honeftly, to the bed of my {kill
and judgment, execute the office of the infpettor and admeafurer, according to law.
So help me God." And lliall each enter into bond, with {ufficient fecurity, before his
excellency the governor or two or more of the juhices of the inferior court of the county
in which fuch mfpeftor fhall refide, in the fum of five hundred pounds, for the due and
faithful performance of his laid truft, which {li all be lodged in the clerk's office of fuch
court. And no perfon or perfons fhairbe permitted to infpe£t or admeafure lumber as
tNo°inSeaun'rr aforefaid, except thofe appointed by the legiflature; and if any perfon or perfons lhall
onephundred0f attempt to infpeH and admeafure as aforefaid (except thofe herein before excepted)
<ioiiars' every fuch perfon or perfons fhall, for every fuch offence, forfeit and pay the fum
of five hundred dollars, one third to the informer, and the remaining two thirds to
the ufe of this flate.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives»
BENJAMIN TALIAFERRO, Prejident o'f the Senate.
GEORGE MATHEWS, Governor.?■
December 16, 1791.
An aUfor the better regulating the admeafurement of lumber within this fate.
•rounbie. x 7 HERE AS it has been found by experience, that that part of the law, for ap-
V V pointing lumber meafurers, will by no means anfwer the purpofe intended
Lumber mea- by the legiflature. Therefore, Be it enaBed by the Senate and Houfe of Reprefentatives,
iHle^Ses 0ft^ieflate °f Georgia in General AJjembly met, That from and immediately after the
tTem" Pafhrig of this atf, all perfons qualihed to meafure lumber, may admeafure and give
certificates as is ufual in fuch cafes, and receive fuch compenfation as {hall be agreed
upon by the feller, purchafer, and perfon meafuring the fame.
2 And whereas, raftmen and other perfons have long been in the habit of taking up
drifted lumber of all defcriptions, and difpofing of the fame, and converting-of the
Persons taking profits to their own ufe. Therefore be it f urther enacted, That if any raftman, or men,
dnft^nmbcrf or other perfon or perfons, fhall attempt to difpofe of any drifted lumber fo taken up
£e^undredei by him or them within this ftate, fhall be liable to pay a fine not exceeding five hun-
excec^ngdnot ^re(^ dollars f°r every fuch offence,''to be recovered in any court having jurifdifition
One half of said °^' ^ fame? one half for the benefit of the informer or profecutor, and the remain-
fonme°rIth?o- *n§ m°iety to the ufe of the county wherein fuch offence' fhall be committed, or to
county.1116 imprifoned for a term not exceeding eight months.
MARKS AND" BRANDS.
347
3- And whereas it has been a cuflom too long eflablifhed in the city of Savannah,
to purchafe lumber of all defcriptions of r-aftmen and other perfons: Therefore, Be it
enabled, That fr6m and immediately after the pahing of this aft, if any perfon or per-
fons in the city 'of Savannah or elfewhere, fhall he detected in purchafing of lumber
of the above defcription, except from faftors or lumber cutters, he, or they fhall be
liable to pay a fine not exceeding fifty dollars for each and every fuch offence, to be
recovered in any court having jurifdiftion of the fame, or to be imprifoned for a time
not exceeding eight months. Provided neverthelefs, That nothing contained in thisPr0vi50t
aft fhall prevent, or be conftrucd to prevent raft hands or other perfons from taking
up drifted lumber, and receiving a reafonable compenfation from the owner or ow-
ners of fuch lumber, on their delivering the fame to the rightf ul owner, or to their fac-
tor. *
4. And be it further enabled^ That in all feaport towns in this flate, where lum- p^etimber
beris brought for exportation or otherwife, all hewed pine timber as well as fcantling
and boards, fhall be admeafured, and the bills made out in fupei ficial meafurement 3
any law to the contrary notwithflanding.
And be it further enabled, That any infpeftor, who fhall either admeafure or inspeaors, wt»
^ J ^ . 7 J I 7 measure con-
make out a bill not in conformity to this aft, fhall be liable to pay a fine, for every
fuch offence, not exceeding-thirty dollars, to be recovered in any court having jurif- oncrtLtfto«ie«
diftion of the fame,- one half for the benefit of the informer or profecutor, and the re-
maining moiety for the ufe of the county wherein fuch offence fhall be committed. county-
6. And be it further enabled, That all live oak andcedar timber, fhall be meafured uveoak&ee-
by the folid- foot, and-the meafurers fhall be allowed eighty cents per thoufand feet for pkldebyso0
J c ' x 0 J 1 ltd measure.
meafurement.
7. And be it further enabled^ That after the paffing of this aft, all infpeftors
lumber fhall be appointed by the legiflature, who fliall receive for evey thoufand feet
of fuperficial lumber, twenty-five cents.
8. And be it further enabled, That all laws heretofore paffed, fo far as refpefts the Repealing
admeafurement of lumbe'r are hereby repealed. clau#c"
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives„
DAVID EMANUEL, Prefident of the Senate,
Affented to December 5, 1799.
JAMES JACKSON, Governor„
.MARKS AND BRANDS.
An abl to revife and amend u An act for recording marks and brands in this fateP
1. "13 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of Marfan*
U Georgia in General AJfembly met, That from and after the paffing of this aft, cpft
it fhall and may be lawful for all perfons refiding within this flate, to record their
marks and brands in the clerk's office of the fuperior court of the county in which fuch
perfon refides ; and if any perfon or perfons fliall negleft to record the fame, then te<p tc/be'long
and in that cafe, whenever any property fhall or may happen to be in difpute between fi'mKcofding
the party fo recording his marks and brands, and any other perfon not having re- "smar **
corded as aforefaid, both having one and the fame marks and brands, the property
1
348
MILITIA.
being found in the poffeflion of the perfon complying with this aft, the party fo claim-
ing any fuch property in difpute as aforefaid, fhall not be allowed to take the fame
out of the hands of the perfon found in poffeflion, without fuch claimant can prove,
by difinterefted teftimony, fuch property fo in difpute, and that the fame is his pro-
perty, fuch proof when the value of the property is under five pounds, to be made be-
fore any juftice of the peace in the county where fuch property may be found, and if
above that value, before any court having jurifdiftion thereof,
jvharetherefo 2. And he it further enaBed by the authority aforefaid, That where two or more per-
fe'SncX°^ons have the fame marks and brands, each of them recorded ; in fuch cafe the
**,it oldeft record fhall be evidence of right, fo far as to compel the other party to prove his
property by difinterefted teftimony, in the manner herein before pointed out : Provi-
ded, That nothing in this a61 contained fhall compel fuch perfon or perfons as have al-
ready had their brands and marks recorded in the fecretary's o.ffice, to record the fame
in the clerk's office aforefaid, but fuch record in the fecretary's office fhall be good and
valid.
cieri's fees for 3. And be it enacted, That it fhall be the duty of the clerks of the fuperior
recording. courtS5 Up0n the application of any perfon or perfons, to record all marks and brands,
in books to be kept by them for that purpofe, and give certificates thereof when there-
unto required by any perfon or perfons, and for which they fhall receive the fees
pointed out hy the aft torevife and amend 44 An aft for afcertaining the fees of the
public officers of this ftate,"
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives*
BENJAMIN TALIAFERRO, Prefidcnt of the $enat(K
EDWARD TELFAIR, Governor,
December 1792.
MILITIA.
An act to revife and amend the militia law of this flaler and to adapt the fame to the
act of the congrefs of the United States, paffed the eighth day of May, one thoufand
feven hundred and ninety-two, entitled 44 An aB more effeBually to provide for the na-
iional defence, by eflablifhing an uniform militia throughout the United States
Militia lobe hid 1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JI3 Georgia, in General Affembly met, That in ordef to comply as nearly as may
be convenient with the aft of the congrefs of the United States, paffed at PhiladeL
phia on the eighth day of May, in the year of our Lord one thoufand feven hun-
dred and ninety-two, entitled 44 An aft more effeftually to provide for the national
defence, by eftablifhing an uniform militia throughout the United States," the militia
of this ftate fhall be laid off and apportioned into divifions, brigades, regiments, bat-
talions and companies, in the manner herein after particularly expreffed.
Brigades ar.d. 2* And be it further enaBed, That the counties of Camden, Glynn, Liberty and
jmsionsdefi. Chatham, fhall compofe a brigade, to be known as, the firft brigade of the firft divi-
fion, and the counties of Effingham and Burke as the fecond brigade of the faid divi-
fion; and the faid two feveral brigades fhall compofe the firft divifion of the militia
ctf this ftate; and the counties of Richmond and Columbia fhall compofe a. brigade
MILITIA.
349
to be known as the firft brigade of* the fecond divifion, and the counties of Wafhing-
ton and Greene aslhe fecond brigade of the faid divifion; and the Laid two feverai
brigades fhall compofe the fecond divifion of the faid militia; and the county of
Wilkes fhall compofe a* brigade, to be known as the firfl brigade of the third divi-
lion, anduhe counties of Franklin and Elbert as the fecond brigade of the third divi-
fion; arid the faid two feverai brigades fhall compofe the third divifion of the faid
militia.
3. And be it farther enacted, That each divifion of the faid militia fhall be under
the direhlion of, and be commanded by a major general; and each brigade fhall be y
under the diredlion of, and be commanded by a brigadier general; and there likewife ^baScr6*
fhall be appointed an adjutant general, to have the rank of lieutenant colonel. All gene.
which faid officers fhall be appointed and commifJioned by the commander in chief KiteiiSitc0lo-
of this flate, under the regulations and reflrictions herein after pointed out. nd
4. And be it farther enacted, That in two months after the paffing of this aft, the Brigades, sub-
faid feverai brigades fhall be fubdivided into regiments, battalions, and companies, as
near as may be, in conformity to the aforementioned a61 of the congrefs of the Uni-companies,
ted States, by the executive department of this flate. Provided, That the refpe&ive Proviso,
counties be kept diftindl from, and unblended with any other county in fuch 'fubdivi-
fion, unlefs alterations in fuch counties fhould hereafter by law take place.
a. And be it Farther enacted, That the officers of companies fhall be nominated by companyo«u
, ♦ I t / ccrs llOW
election of the citizens liable to bear arms in each company diflriB, and be appointed pointed,
agreeably to the conftitution, by the governor of this flate, under the following rules
and reflriBions, that is to fay, the free white inhabitants fo liable to do militia duty
fhall, within ten days after fuch company diftrift. fhall have been defined by the exe-
cutive, affemble at a place to be appointed therein, by any two or more magillrates
within fuch company diflridt, or if there fhould not be two refiding magiflrates within
fuch diflrihl, by any two or more magiflrates of the county fuch company may be in,
ten days' public notice being firfl given by fuch magiflrates of fuch meeting and the in-
tention thereof, and the free white inhabitants liable to do duty therein, and fo con-
vened, fhall proceed to nominate by ballot, one fit and proper perfon to fill each ref-
peflive commiffion of captain, lieutenant andenfign for fuch company ; the cleflion
fo held and the perfons fo nominated for each commiffion as aforefaid, fhall be cer-
tified* under the hands and feals of the faid magiflrates, and be by them fent, within
fifteen days, fo certified, to his excellency the governor, who fhall within five days af-
ter the receipt thereof, appoint and commiffion the perfons fo nominated for the ref-
pedlive commiffions of captain, lieutenant and enfign, as the cafe may be ; and in cafe
of the neglefl or refufal of the inhabitants of any company diflrift to meet, and by
ballot to nominate the perfons aforefaid, within the time herein before pointed out
for fuch meeting, the executive department fhall proceed to appoint the officers of
fuch company diftrifl, without any fuch nomination.
6. A nd be itfurtKet enacted, That the captains and fubalterns of companies fo nomi-
nated and appointed fhall, within twenty days after the notification of their appoint-^c«ppan?
ments, by his excellency the governor has taken place, meet and affemble at fome
convenient place within the battalion or regimental diflriB, as the cafe may be, to
which fuch officers belong, under the direBion of any two or more of the captains fo
appointed, not being candidates, ten days' notice being given of the meeting, and its
intention; by them; and when fo met the faid officers fhall proceed to nominate by
* See aft of 1793, fed. 8».
MILITIA.
ballot one fit and proper perfon for each commiffion.of lieutenant colonel of the regi-
prorUB. merit, or major commandant of the battalion as the cafe may be : Provided, That
where the lieutenant colonel, when appointed, will command a regiment confiding of
two battalions, the officers of companies of both battalions fhall affemble together in
like manner at a convenient place for each battalion, under the direction of two or
more captains, one of which at leaft belonging to each refpehlive battalion ; and the
captains lb affembling the faid officers lhall, within ten days after fuch nomination cer-
tify the fame, and the names of the perfons fo nominated, and fend fuch certificate to
the executive department, which lhall within five days thereafter, appoint and com-
million the perfo-ns fo nominated to fill fuch appointments of lieutenant colonel or
major, as. the cafe may be.
?ont"inhiJtw« 7« And be it alfo enaHed, That where a county will not permit its being formed
toteregufa'teiL into two battalions, the fame fhall compofe a regiment, to be commanded by a lieu-
tenant colonel commandant.*
totakc'rlS ^n^ ^ fur^ier wotfedi That where any officer now in commiffion fhall be
nominated and appointed to fill the fame commiffion he before held, he fhall take
rank from the date of the commiffion he fo before held, any thing herein contained to
the contrary notwithftanding; and the officers in commiffion at the time of paffing this
a fit, fhall continue to ad until the nomination or appointment of fome other perfon
to fill the fame.
personsHabie^ g. And beit enaHed, That the commanding officer of each company of militia,
be enrolled, fhall enrol the names of all the male inhabitants (flaves excepted) above the age of
eighteen, and under the age of forty-five years,* who fhall have refided therein for
the fpace of ten days, and fhall caufe the perfons fo enrolled to be fummoned and
duly notified, by a proper non-comrpiffioned officer, to appear at fuch times and
places as he fhall appoint, for company mufters; and the perfons fo enrolled fhall be
from thenceforth deemed and held to belong to fuch company, and liable to appear
at all its mufters, whether battalion or company, and, on all other neceffary occa-
fions, and to perform the whole duty of a militia-man, without any further notice
whatfoever. . »
Accoutre- io. And be it further enacted, That every perfon fo enrolled fhall provide himfelf,
agreeably to the aft of congrefs, with a mufket or firelock, a fufficient bayonet and
belt, two fpare flints, and a knapfack, a pouch with a box therein, to contain not
lefs than twenty-four cartridges, fuited to the bore of his mufket or firelock, each
cartridge to contain a proper quantity of powder and ball; or with a good rifle,
knapfack, fhot-pouch and powder-horn, twenty balls fuited to the bore of his rifle,
and a quarter of a pound of powder; and fhall appear fo armed, accoutred and pro-
vided when called out. to exercife, or into fervice; except that when called out to ex-
vatcs,°for not ercife only on company days, he may appear without a knapfack. And if any per-
acc?udtrelwdi fon fo enrolled fhall neglefl to provide himfelf, or fhall appear at mufter not properly
accoutred, as before exprefted, or fhall neglefl or refufe to appear at fuch battalion
or company mufters, or on any other neceffary occafion, at any time within nine
months after the paffing of this a6f, fhall be fined in a fum not exceeding two1 dollars
for every fuch offence; and for every fuch negleft after that time," in a fum not ex-
ceeding fix dollars, if a battalion mufter, and four dollars if a company mufter.
Sofficer^" 1 ^n^ ^e farther enacted, That every commiffioned officer of the rank of cap-
uniform. tajn an(j unfier5 ILiall provide himfelf with a fword or hanger, an efpontoon, and a com-
* By a major, if not more than four companies, See aft of 1795> left. 5.
MILITIA.
plete fait of uniform, to be determined on by the officer commanding the brigade
he belongs to; and in cafe of any fuch officer appearing at mufters, or on other ne- F!nesforne.
celfary occafions, not fo provided, at any time within nine months after his appoint-
ment, every fuch officer fo offending, or who ffiall negleft or refufe to appear at fuch
mufters, ihall be fined, if a captain, in a fum not exceeding thirty dollars, if a lieu-
tenant, not exceeding twenty dollars, and if an enfign, not exceeding fifteen dollars.
And every general and field-officer (hallin like manner appear, when on duty, in com-
plete uniform, and armed with a fword or hanger; the uniform of the general offi-
eers to beAetermined by the commander in chief, and the uniform of the field-offi-
cers by the officer commanding the brigade; and in cafe of their appearing at mufter,
or on other neceflary occafions, not fo provided, every fuch officer (hall forfeit and
pay, if a major general, a fum not exceeding two hundred and fifty dollars, if a briga-
dier, a fum not exceedingtwo hundreddollars, and if a field-officer, a fum not exceed-
ing one hundred dollars.
12.- And be it further enafted, That the faid militia fhall exercife in battalion twice
in each year, and in companies four times in every year; and in cafe of neglect
thereof, if a battalion or regimental mufter, the commanding officer of fuch regi-musters*
ment or battalion, ffiall be fined in a fum not exceeding one hundred dollars, to beg'«,ftrnc-
impofed by a court-martial, to be ordered by the officer commanding the brigade;
and if a company mufter, the officer commanding and fo negle&ing, ffiall be fined
for every fuch negledt in a fum not exceeding thirty dollars, to be impofed by a
court-martial, to be ordered by the officer commanding the regiment or battalion, to
which fuch company fhall belong; and due notice ffiall be given of fuch regimental,
battalion or company mufters, by the officers commanding the fame.
13. And -be it further enabled, That every officer commanding a company ffiall,
on the days appointed to exercife his men by company, have the fame formed under fe°r8.ipanymuI"
arms by eleven of the clock in the forenoon, by which hour every perfon liable to
militia duty in fuch company ffiall attend, and the faid officer ffiall then have his roll
called over, and mark all defaulters, and ffiall proceed to inftrudt and exercife his men
in the evolutions aud manual exercife, pointed out and required by the before men-
tioned atl of congrefs; and in cafe of negleQ; of fuch inftrufting and exercifing, the
officer fo commanding ffiall be liable to a penalty not exceeding thirty dollars for eve- giena.f*rnc~
ry fuch negleft.
14. And be it further enabled, That if any perfon liable to bear arms, at any exer- Pr.vate810 bs
cife or training hereby appointed, ftiall behave in a contemptuous or unfoldier-Iike
manner, at either battalion or company mufters, whilft underarms, or fliall infult tchehopuodnaof a
or threaten his field-company, or other officer commanding, after his difcharge, for or court martial«
on account of fuch officer's performing the duty hereby required of him whilft fuch per-
fon was under arms, every fuch perfon fhall, for every fuch offence, forfeit and pay
a fum not exceeding four dollars; and if fuch offender ffiall be a corrmiffioned offi-
cer, and fliall be guilty of contemptuous or unfoldier-like behaviour, whilft on duty,
or ffiaff, after his difcharge from fuch duty, threaten or infult his fuperior officer, for
or on account of the duty required of fuch officer by this aft, every fuch commif-
fioned officer fo offending ffiall, for every fuch offence, forfeit and pay a fum not ex-
ceeding twenty dollars, or be caffiiered, at the option of a court-martial. persons inter-
15. And be it further enaffed, That any perfon interrupting the military exercifes
required by this aft, may be committed by the officer commanding the body of mili-
tia fo interrupted, to theneareft common jail for a lpace of time not exceeding five
days, for every fuch offence.
MILITIA.
iS, And be it further enacted. That every mader or other per fun, who hath the
hhs toVnc"' command, government, or power over any indented man fervant, liable to do militia duty
d i by this a6f, (hall, at his, or her own proper cod and charge, furnifh and provide every
fuch indented man feivant during his fervice, with the aims, ammunitions and accou-
trcments directed by this aft, and every fuch mader or other perfon fhall fend fuch
indented fervant completely armed and furnidied as is herein required, to all battalion,
regimental or company muftcrs, and on all other neceffajry occafions, which fuch in-
dented fervant would have been liable to attend were he not a bondman ; and.in cafe
fuch indented fervant fhall not appear thereat, or on appearance (hall be defective in
arms or accoutrements hereby required, fuch mader or other perfon fliall be liable to
all the fines, penalties, and forfeitures, impofed in like cafes on other perfons liable' to
b bear arms by this ath
1 7- be it further cnatl.ccf That the feveral fines, penalties and forfeitures to
be indicted by this aft, on perfons liable to attend at company muders, may be impo-
led by a court confiding of a majority of the commidioned officers of fuch company;
or in cafe of vacancies of two commilfioncd officers of the regiment, or battalion fuch
companies belong to. Provided, one of the faid officers be an officer of fuch company.
And the feveral fines, penalties, and forfeitures to be inflifted on perfons liable to at-
tend battalion or regimental muders, Hi all be impofed by a court to confid of at lead
feven commidioned officers of fuch battalion or regiment; and it is hereby made the
duty of the officers appointed members of fuch courts martial, on being duly notified
thereof to attend the fame, And in cafe of negleft or refufal of any fuch commifiion-
ed officer to attend, he diall be liable to the penalties herein pointed out, for non ap-
pearance at regimental or battalion muders, and ten days' notice at lead in writing fhall
be given defaulters and offenders, to be tried at fuch company, battalion, or regimen-
tal courts martial, under the hand of the commanding officer of the company, fuch of-
fender, or defaulter belongs to, who fhall be ferved with the fame pe-rfonally, or be
otherwife notified by a non-commiffioned officer thereof, by fuch non-commiffioned
officer's leaving the fame at fuch defaulter's, or offender's lifual place of abode, and
proof of fuch fervice fhall be made to fuch court, on oath previous to its- proceeding
to the trial of fuch offender or defaulter,
SSigfitcs ^€ ^further enacted, That all warrants for fines, penalties or forfeitures,
by this act, diall, if in confequence of the fcntence of a company court-
martial, be under the hand and feal of the commanding officer of the company;
and if in confequence of the fentence of a regimental or battalion court-martial, un-
der the hand and feal of the commanding officer of fuch regiment or battalion; and
every fuch warrant diall clearly exprefs the offence, and recite the fentence of the
court, and diall be direfted to and executed by a ferjeant of the company the offend-
er belongs to, or be direfted to and executed by any lawful condable of fuch didrift;
and fuch non-commiffioned officer or condable fhall make return of fuch warrant,
within thirty days after his receiving the fame; and if on fuch return it fhall happen
that fuch offender or defaulter has not wherewithal to be levied to fatisfy the forfeiture
or fine impofed by fuch court, it fhall be the duty of fuch officer commanding, to
renew the warrant, and thereby to commit the offender or defaulter to the common
jail of the county, or the nearedjail thereto if there fhall be no fuch county jail,- for
the fpace of one day for each dollar contained in fuch fine or forfeiture; and it is here-
by made the duty of the keeper of fuch jail, to receive fuch offender or defaulter,
and to keep him in clofe cudody for the term in fuch warrant expreffed, without bail
or mainprize, and until fuch offender or defaulter fhall have fatisfied fuch keeper for
MILITIA. 353
his fees on fuch confinement: Provided, That no jailor fliall detain fuch perfon or ProYit0-
perfons more than three days for his fees: And provided, That where this aft admits Provis°.
of perfons being committed to jail in the firft inftance, no return or renewal of fuch
warrant fliall be neceffary.
19. And be it further enabled, That the non-commiffioned officers of the refpeftive Non-comm^
companies fhall be appointed in the following manner, that is to fay, the names ofto0bedhwnby
all perfons liable to bear arms in each company diftrift, fhall be placed in a box, to °'
be kept in the cuftody of the commanding officer of fuch company, and to have two
partitions, to be known by the Nos. 1 and 2; and the names in the firft inftance fhall
be put in the partition No. 1; and within one month after the refpeftive companies
are organized, it fhall be the duty of the commiffioned officers thereof to affemble,
and draw from the faid partition No. 1, the names of eight perfons, which fhall be
thrown into the partition No. 2; and the eight perfons fo drawn fhall be the non-com-
miffioned officers of the company, and are hereby declared liable to execute and per-
form all the duties of fuch ftation, and they fhall ferve as fuch for the fpace of
twelve months, and fhall not be liable to ferve again in that capacity, until all the
names fliall be drawn from the partition No. 1: And in cafe of refufal to aft in fuch Fine for ref,,.
appointment, or to procure fome fit and proper perfon, to be approved of by the of-sinstoaw
ficer commanding the company, to do the duty of a non-commiffioned officer in his
ftead, fuch perfon fo drawn and refufing to aft, or to procure fuch fit and proper
perfon, fliall forfeit and pay the fum of ten dollars, to be recovered by warrant of
the officer commanding the company fuch perfon fhall belong to; and the faid com-
miffioned officers fliall proceed to draw another perfon to fill the office of fuch per-
fon fo refufing, until the number of non-commiffioned officers fliall be completed;
and the firft. four perfons fo drawn as aforefaid, fhall be the ferjeants, and the laft four
fo drawn, the corporals of fuch company : Provided neverthelefs, That if fit and pro-prov,s*'
per perfons for non-commiffioned officers ffiould be procured by the commiffioned
officers of fuch company, the mode of drawing in this claule contained may be dif-
penfed with; but after fuch fit and proper yerfons have accepted fuch offices, they
fliall be liable to ferve in fuch ftation at leaft for the term of twelve months, as is
herein before expreffed for perfons drawn to ferve in the fame; and in confideration
of the duties in this aft affigned to them, one half of the fines of fuch company fliall
be fet apart as a fund for defraying the expence of executing fuch duty, and be di-
vided among fuch non-commiffioned officers; but if any non-commiffioned officer, Fine for ne-
after excepting fuch office, fliall negleft or refufe to do the duty required by this aft, s'eftingt0 aa*
he fliall for every fuch offence forfeit and pay a fum not exceeding five dollars.
20. And be it further enaBed, That it fhall be the particular duty of the officers SbeeS&recdL
commanding companies, to pay a due attention that the law for eftablifhing arid regu-
lating patrols in force in this ftate, paffed the eighteenth day of November, in the
year of our Lord onethoufand feven hundred and fixty-five, under the then province
of Georgia, be ftriftlv executed ; and in cafe of negleft or default of fuch execution,
every officer commanding the company defaulting, and not puniffiing the defaulters
agreeable to the faid aft, fliall be liable to a fine not exceeding fifty dollars, or be
cafhiered at the option of a court-martial.
21 r And be it further enaBed, That the officers commanding regiments or battal- Returns when,
n ii • i 1 i r 1 • to and by whom
ions, lhall once in every year make proper and complete returns or their regiment or made,
battalion as the cafe may be, to the officer commanding the brigade to which they ref-
peftively belong, and the officers commanding brigades, fliall in like manner make
Yy
MILITIA.
proper and complete returns oF their brigades to the officers commanding the divifion
Dilution 0fto ^ey refpeclively belong ; and the officers commanding divifions, fhall re-
ceive and diftribute all fuch orders to the brigades of their refpeBive divifions, as may
from time to time be ilfued from the commander in chief, or by his direBion from
the adjutant general, and the officers commanding brigades, fhall in like manner re-
ceive and diftribute to, and among the refpeBive regiments and battalions of their ref-
peBive brigades, all fuch orders as may from time to time be iffued to them by the of-
ficers commanding diviffons; by the commander in chief, or from his directions by
the adjutant general, and the officers commanding regiments or battalions flu all caufe
to be diftributed to, and executed by the refpeBive companies under their command,
all fuch orders as they may from time to time receive from officers commanding divi-
Mr.vbefinedor ffons and brigades, or from the commander in chief, or the adjutant general; and in
u?court'i>ur- cafe of negleB or refufal to perform fuch duty, every officer fo offending, fhall if a
major general, be fined in a fum not exceeding five hundred dollars, if a brigadier,
in a fum not exceeding three hundred dollars, and if a field officer in a fum not ex-
cceding two hundred dollars, or be cafhiered at the option of a court-martial, to be
ordered, if on a major general, by the commander in chief, if on a brigadier, by
proviio. °fficer commanding the divifion, and if on a field officer, by the officer command-
ing the brigade : Provided, That nothing in this claule contained fhall be conftrued
to debar the commander in chief from arrefting and ordering courts martial for the
trial of any officer of the militia of this ftate, or to debar any officer commanding a di-
vifion, brigade, regiment, or battalion, from arrefting and ordering courts martial for
the trial of any officer belonging to his divifion, brigade, regiment or battalion,
courts martui 22, ^^ further enacted, That a court-martial* for the trial of a major ge-
officethowof nera^ confift of at leaft one major general, three brigadier generals, and five
constituted, field-officers; and for the trial of a brigadier general, the court fhall confift of at
leaft two brigadier generals and feven field-officers; and for the trial of a field-officer?
it fhall confift of at leaft one brigadier, three field-officers, and five captains,'or of
four field-officers and of five captains; and a court-martial for the trial of a captain
or fubalteim, fhall confift of at leaft feven commiffioned officers, the prefident there-
of to be of fuperior rank to the officer tried; and every fentence of a court-martial,
fomminuerin where the officer fhall be cafhiered, fhall be tranfmitted by the prefident of the court,
chief. through the adjutant general, to the commander in chief, who may approve of, mitigate
the fentence, or pardon the offender as he may fee fit ; and in cafe of fentences merely
pecuniary, the officer ordering the court may approve, difapprove or mitigate the fame.
tobcniuicd.how 23* ^nd be it further enabled, That from and after the organization of the militia
as before pointed out, whenever any vacancy fhall happen in any captain's diftriB,
battalion, regiment, brigade or divifion, by death, refignation, or otherwife, the va-
cancies (hall be filled up by nominating a perfon or perfons to fill fuch vacancy or
vacancies, in the fame manner as before pointed out.
Ti.egovernor 24. And be it further enabled, That his excellency the governor be, and he is
"hem3Ky hereby empowered to affemble and embody fuch part of the militia of the ftate as he .
may from time to time think neceffary, to repel any invafion, infurreBion, or rebel-
lion which may happen within the fame, and to order fuch officers to command the
?rovbo. laid militia as he may fee fit; Provided, That the officers of one company fhall not
be placed to command another company, unlefs where the death, refignation, or in-
proviso. ability of fuch officer fhall make it neceffary. And provided, That nothing in this
* See aft of 1793? ftft- 3>
MILITIA.
355-
dauTc contained fiiall prevent part of fuch company from being detached on piquet
or otherwife under any officer.
25. And be it further enabled, That where volunteer corps'of artillery, borfe, or corps ofartji-
infantry fliall be formed in purfuance of the afore mentioned ad of congrefs, the vol-
unteers composing the fame, {hall not be permitted to leave fuch corps until he or 'et;0lcri,t
they fhall have given two weeks' notice of fuch intention, and fhall have produced a
certificate from under the hand of the commanding officer of the company diftrift he
belongs to, that his name is enrolled therein; and until the expiration of fuch no-
tice, fuch perfon fhall be liable to continue to do duty in fuch volunteer corps: And
in cafe of removal oi refidence of any perfon, liable to do militia duty, from one
diftrift to another, five days' notice fhall be given to the officer of the company fuch
perfon intends to remove from, and fhall produce a certificate from the officer of
the company he intends to remove to, that his name is therein enrolled, and until fuch
Notice and certificate, fuch perfon fhall be liable to do militia duty, in fuch company
from which he intends to remove.
26. And be it further enacted, That any officer afting in a fcandalous or infamous lypercon*
manner, unbecoming the officer, and which is likely to bring the militia fervice into J*c-n?zfa^ce«.
difrepute, may be arrefted by order of the commander in chief, or the commandingGourts
officer of divifion or brigade, on fufficient grounds appearing to them of fuch c#on-
duftt, and on conviction thereof by a court-martial, fuch officer may be caffiiered :
And all cliforders and neglefts whilft on duty, or under orders, which officers or pri-
vates may be guilty of to the prejudice of good order and difcipline, though not here-
in particularly provided for, may be noticed by a general, regimental or battalion
court-martial, and be punifhed by fine or forfeiture, not exceeding the penalties here-
111 apportioned for other offences, according to the rank of the offender.
27. And be itfurther enabled, That all fines* and forfeitures accruing by virtue of this Fines and for-
aft fhall, if arifing from default at regimental or battalion mufters, be paid into the hands arn'ro"
of the major of-fuch regiment or battalion, for the exprefs purpofe of procuring
regimental and company colors; and all fines and forfeitures arifing from defaults
at company mufters (except as herein excepted) fliall be lodged in the hands of the
captain thereof, to be applied in the purchafe of drums and fifes; and fuch captain,
after fuch purpofe is attained, fhall yearly account with and pay to the major of fuch
regiment or battalion, the overplus of fuch fines and forfeitures, who fliall, after the
expence of-colors is dedufted therefrom, pay the overplus of fuch regimental,
battalion or company forfeitures, into the public treafury, where all fines on general
officers fhall alfo be paid.
28. And be it further enabled, That the commanding officer of regiments fhall have
the fole appointment of the regimental ftaff, as pointed out by the afore laid aft of po1nAhearfA
congrefs; and that for the better understanding of this law, as it has reference to theXdTofconJe«.
faid aft, the executive be empowered to direft a fufficient number of copies of that byudexecu-4
aft to be ftruckoff with this law, to be diftributed, one to each company of militia
within this ftate, and one to each field and general officer within the fame : And it is Militia lav s to
declared to be the duty of each company officer to have the faid aft, together with
this law, publicly read over atleaft twice in each year to his company, whilft under men??. regI
arms; and it fliall be the duty of the field-officers to have the fame once in every year
read to the refpeftive regiments or battalions, whilft under arms, to which they may
refpeftively belong. And the executive department is alfo farther empowered and re-
. * See aft of 1793» feft. 2.
356
MILITIA.
General offi-
cers.how »p<
pointed.
quired, to have a like number of copies of the rules and articles of war, in force with
the troops of the United States, to be diftributed in like manner, that the militia be
not ignorant thereof when called into aftual fervice.
29. And be it further enabled, That the major generals, brigadier generals, and ad-
jutant general, created by this aft, (hall be nominated in the following manner : The
Senate and Houfe of Reprefentatives lhall concur in the nomination of oneperfon as
major general for the firft divifion ; one other perfon as major general for the fecond
diyifion ; and one other perfon for the major general of the third divifion of the mi-
litia of this ftate ; and fhall alfo concur in the nomination of one other perfon for the
brigadier general of the firft brigade of the firft divifion; one other perfon for the
brigadier general of the fecond brigade of the faid divifion ; one other perfon for the
brigadier general of the firft brigade of the fecond divifion; one other perfon for the
brigadier general of the fecond brigade of the faid laft mentioned divifion ; one oth-
er perfon for the brigadier general of the firft brigade of the third divifion ; and onf
other perfon for the brigadier general of the third and laft divifion ; and alfo concur in
the nomination of one other fit and proper perfon as adjutant general; and a lift of
the names of the perfons as (hall be nominated as aforefaid, fhall be figned by the pre-
fident of the Senate and fpeaker of the Houfe of Reprefentatives, and tranfmitted to
th^ governor within two days after fuch nomination, for the purpofe 6f a_ppointing
and commiffioning each and every of fuch nominated perfons, within ten days after
he fhall receive fuch lifts of names as aforefaid.
30. And be it further enabled, That in cafe any officer fhall remove out of the diftrift,
battalion or regiment for which he fhall be appointed, then and in that cafe his com-
miffion fhall be void ; and all officers of divifions, brigades, regiments, battalions,
and companies, fhall be refidents of the divifions, brigades, regiments, battalions arM
companies to which they feverally belong. *
31. And be it further enabled, That the people called quakers, on producing a cer-
tificate from aquaker meeting of their being bona fide quakers, ffiall be exempt from
' all militia duty required by this aft, and ffiall pay an extra tax of twenty-five per cen-
turn in addition to their general tax. Provided, That this aft ffiall not extend to affeft
perfons nor their eftates, who are herein exempt either from years, appointments, or
imbecility.
32. And be it further enabled,# That the members of the legiflature for the time
Exemptions iti ** ^
those in the ad being, and officers, all judicial and executive officers, all minifters in orders,
sute1United praftitioners of phyfic, all public printers, all ferrymen, millers, all tutors and ftu-
dents, all juftices of the peace, regifters of probates, the treafurer, the furveyor gene-
ral and county furveyors, the fecretary of ftate, invalids, poft-riders, madmen and
idiots,t ffiall be and they are hereby exempted from any of the duties required by
this aft, in addition to thofe exempted therefrom by the aft of the United States.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefi dent of the Senate,
Concurred December 24, 1792.
EDWARD TELFAIR, Governor.
vacancies by
removal.
Quakers ex-
of additional
tax.
Proviso,
* See aft of 1793. feft. 15.
f Further exemptions.—See afts 1794? feft. 3. and 4. And 1795. feft. 7.
MILITIA.
3 57
An act, fupplementary to an aft, entitled " An aB to revife and amend the militia law
oj this fate, and to adapt the fame to the aB of congrefs of the United States, pajjed
the eighth day of May, one thoufand Jeven hundred and ninety-two, entitled " An aB
more effeBually to provide for the national defence, by ejlablifhing an uniform militia
throughout the United States A
1. T)E IT ENACTED, That the governor fhall have power and authority
-O order out as many companies of mounted infantry or riflemen, from time to
time, as may be neceffary for the defence of the frontiers, who fhall be allowed orjly the
the pay and rations of footmen, with the addition of forage: Provided always, ThatPromo"
no fuch companies of mounted infantry or riflemen fhall be continued in fervice more
than thirty days at one time.
2. And be it further enaBed, That any perfon orperfons not herein excepted, neg- va?"famiPto
ledling or refufing to perform his tour of duty, when called into fervice by the au- duty, how to
thority of his excellency the governor, under and by virtue of the laws of this ftate,beiumthec1,
if a commifiioned officer in perfon, or if a non-commiffioned officer or private, ei-
ther in perfon or by fubftitute; fhall, if a commiffioned officer, be cafhiered, and fined
in a fum not exceeding one year's pay, nor lefs than one month's pay; and if a non-
commiffioned officer or private, in a fum not exceeding one year's, nor lefs than one
month's pay, for each neglefl or default, at the difcretion of a court-martial, to be
held for the trial of all and every fuch offenders, and recovered in the manner point-
ed out in the aforefaid aft: And all fuch fines ffiali be paid to the major of the re- Jj£s,how ar-
giment or battalion to which the defaulter or defaulters belong; who fhall therefrom
provide a fufficient quantity of powder, for the ufe of the regiments or battalions
on regimental or battalion mufters, and pay the overplus into the public treafury
within fixty days after the receipt of the faid fines.
3. And be it further enacted, That no officer except the commander in chief, or
' Courts martial,
dering an arreft, fhall appoint a court for the trial of-the perfon or perfoils fo arreft- sons arrested,
ed, but fhall notify the faid arreft to the officer next in command, who fhall order a appomted-
court for the trial of the perfon orperfons arrefted as aforefaid.
4. And be it further enacted, That when any officer fhall be cafhiered, he fhall not mcapadtyofa
be eligible to hold any commiffion for the term of three years thereafter. *cernered offi"
■ 5. And be it further enaBed, That the officers compofing courts martial, convened court-martial
agreeably to law, fhall take the following oath, viz. " I, A.B. do folemnly fwear, Theiroatllf
that I will well and truly try and determine, to the beft of my judgment, according
to the militia laws of this ftate now of force, and the evidence before me, the feveral
defaulters legally returned to this court, without partiality, favor or affeflion, and,
if any doubts fhall arife which are not explained by the faid laws, according to my
confcience, the beft of my underftanding, and the cuftoms of war in like cafes: And
I do further fwear, that I will not divulge the fentence of the court, until it fhall be
publifhed by the commanding officer. So help me God."
6. And be it further enaBed, That all lieutenant colonels fhall only take rank ac-Lieutenant
cording to the date of their commiffions, without regard or preference to the word totakVr'ank!
66 Commandant."
7. And be it further enaBed, That all aliens fhall be liable to do and perform the Aliens liable to
duties herein and by the aforefaid militia afts required, in like manner with the citi- militia duty"
zens: Provided always, That when the United States fhall be at war with the nation proviso.
to which any alien or aliens fhall belong, fuch fervice fhall be immediately fufpended,
MILITIA,
and the fa id alien or aliens Hi all be entitled to all the benefits in Licit cafes awfng
under the law of nations.
SinSiVuffl- ^further enaBed, That the magiftrafes holding eleBion" for the nomi-
w~oTns' nation of company officers, hereafter fnall return a lilt of the names of voter?, to-
made gother with the names of the candidates, with the number of votes for each, to his
excellency the governor, as foon as poffible after the eV6iion.
jjijtwy 9. And he it further enacted, That in future it ffiall not be lawful for any perfon
than one miutia or perfons to have or hold more than one militia conimiifion within this fate; and
comim&um. 1 . ... • rr 1
where any perfon or perfons have received more than one militia com million, he or
they lhall, within three months, rcfign one of faid commiffion or commiffions, as the
cafe may be, to his excellency the governor; and in cafefuch relignation be not made
within the time limited as aforefaid, the governor for the time being ffiall be, and he
is hereby empowered and directed to conlider faid commiffions as being vacant, and
fill up the fame.
emptfrouf"du 1 °* lt fur^ier enaaed by tht authority aforefaid, That the people called
*y- Quakers, on producing a certificate from a Quaker meeting of their being bona fde
Mult pay twen Quakers? ffiall be exempt from all militia duty required by this aft: Proiided, fuch
Soj'their Qua^er Pay twenty-five pounds per centum, in addition to the amount of their
general tax general tax.
fcriyadierto n. And be it further enaBed, That the brigadiers of each brigade within this fate,
eamePanaul'de'ffiall be entitled to an aid-de-camp, to be appointed by each brigadier refpeftively.
Substitutes, 12. And be it further enaBed, That no perfon ffiall be'exempt from any tour of
prmed0.beap" militia duty by a fubftitute, unlefs fuch fubftitute ffiall be approved of by the officer
commanding the detachment with which he is to march: and all fubftittites when in
aBual fervice, ffiall be fubjeB to the fame rules and regulations as the perfon by whom
he was employed could have been fubjeft to.
13. Be it further enaBed, That from and after the paffing of this aB, the govern-
Officers of vo- n u • rr rr r F r
Kch^tTSphe or not commiilion othcers to any troop or troops of hone, to any company or
commissioned, companies of artillery or riflemen, unlefs it fhall be certified to him by the officer
commanding the brigade, that fuch troop or company is compofed of and belonging
to fome regiment or battalion within the fame.
SfromX-' 14* And be it further enaBed by the authority aforefaid, That any perfon or perfons
having a wife and child or children, removing from any of the United States or elfe-
where, into this ftate, ffiall be, and they are hereby exempted from militia duty for
proviso. the full term of twelvemonths: Provided always. That fuch perfon do, within three
weeks after coming into the ftate, enrol himfelf in the captain's company in the coun-
ty wherein he does refide.
The aft of »7pt 15- Afid be itfurther enaBed, That fo much of an aB, entitled "An aB tore-
emotions, and vile and amend the militia law of this ftate," paffed the fourteenth day of December,
?JwKpS£ one thoufand feven hundred and ninety-two, which exempts from militia duty the feve-
ral officers therein named, and all laws regulating the militia prior to faid act, be, and
the fame are hereby repealed.
WILLIAM GIBBONS, Speaker'of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefidcnt of the Senate.
Concurred, December 17, 1793.
GEORGE MATHEWS, Governor.
MILITIA,
359
An art to organize the militia in the fever al new counties in this fate and for other pur-
pofes.
1. II TIIEREAS great inconvenience hath arifen and the fervice fuftained great Alln?51.tl?cnm.
yY injury by the diforganization of the militia, in confequence of the late divi
r.c w cimrlirs,
fion of counties; the officers in many inftances living in one county and their com- tle<-UrcdvokU
manders in another, for remedy whereof, Be it enabled by the Senate and Honfe of Repre-
fenkitives of the fate of Georgia in General Affembly met, and by the authority of the farne,
That the commiffions of all officers in the faid counties fhall be, and they are hereby
declared to be null and void, from and immediately after thepaffing of this aft; and
that his excellency the governor be authorized, and he is hereby direfted within three The ROVernpr
months to organize the militia within faid new counties into regiments, battalions and $$n.Hi??rlze
companies, agreeably to an aft paffed at Augufta, to rcvife and amend the militia law wywulhre""
of this ftate, and to adapt the fame to the aft of the congrefs of the United States, paf-
fed the eighth day of May, one ffioufand feven hundred and ninety-two, entitled 44 An
aft more effeftually to provide for the national defence by eftablifhing an uniform
militia throughout the United States." And that no injury may be done to officers now
holding commiffions in faid new counties, in cafe they ffiould be re-elected to the fame
grade in that arrangement.
2. Be it further enacted, That in cafe any officer now holding a comraiffion in New commis-
either of the faid counties, ffiould be re-elefted or appointed to the fame office or grade, b«ruatewto
that then and in that cafe the governor is direfted to date his or their eommiffion
agreeably to the date of the commiffions now held ; any law ufage or cuftom to the
contrary notwithftanding.
3. And be it further enabled, That for the general convenience of the citizens, and
more equal arrangements of the divifions and brigades, that the counties of Effing-
ham, M4Intoffi and Bryan be, and they are hereby added to the firft brigade of the
firft divifion, and the counties of Montgomery and Scriven to the fecond brigade of
the faid frit divifion, and the county of Hancock to the fecond brigade of the fe-
cond divifion.
4. And be it further enacted, That the county of Warren ffiall be and the fame is&5taS£°"
hereby declared to belong to the firft brigade of the third divifion; and the county of
Oglethorpe (hall, from and after the paffing of this aft, belong to and be added to the
fecond brigade of the faid third divifion, any law to the contrary notwithftanding.
5. And whereas the militia of the United States and that of this ftate, appear to counties of not
contemplate, where practicable, that the refpeftive officers ffiould have a full and com- wmpanS/wr
pletc command: And whereas feveral of the counties in this ftate are now command- byamajor.
ed by a lieutenant colonel commandant, and have not the number of companies or
battalions contemplated by faid afts: Be it therefore enabled, That in all cafes where
there is not more than four complete companies in any county, they fhall be com-
manded by a major and not by a lieutenant colonel commandant.
6. And be it further enabled, That the governor is direfted to eommiffion all the .SSs'w"
colonels of the differenfregiments in the faid new counties as lieutenant colonels com- tobemadeout.
mandants, and on application to renew any commiffions from any county heretofore
granted, he will eommiffion them in like manner, taking fpecial care to preferve the
original old date in fuch renewed commiffions, any law to the contrary notwithftand-
ing.
7. And be it further enabled, That all the minifters in orders, be, and they arehere- Ministers«-
1 r 11 J * • 1 r 1 M* ■ 1 1 empt from ml-
by exempted from all duties required by the feveral militia laws of this ftate. And
MILITIA.
that fo much of the militia laws now in force as militate with or contradiB this law5
ffiali be, and the fame are hereby repealed.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
Concurred January 8, 1795.
An aB to organize the militia in the fever al new counties of this fate.
of officers in' 1. T) E IT ENACTED by the Senate and Houfe of Reprefentatives in General
ties declared JU Affeynbly met, and by the authority of the fame, That the commiffions of all
V01 ' officers in the new counties ffiall be, and they are hereby declared to be null and
void, from and immediately after new eleftions ffiall have taken place therein; and
ffii organize his excellency the governor is hereby authorized and required, within two months,
Serein!11* to organize the militia in the new counties of Bullock, jackfon, Jefferfon and Lin-
coin, into regiments, battalions and companies, agreeably to an aft paffed at Au-
gufta, to revife and amend the militia law of this ftate, and adapt the fame to the aft
of the congrefs of the United States, paffed the eighth day of May, one thoufand
feven hundred and ninety-five.
2. And be it further enaBed, That for the general convenience of the citizens, and
™\d^dCton' more equal arrangements of the divifions and brigades, that the counties of Bullock
gades.nbri* and Jefferfon be, and they are hereby added to the fecond brigade of the firft divi-
fion, and the county of Lincoln to the firft brigade of the third divifion, and the
county of Jackfon to the fecond brigade of the third divifion.
Negroes and 3* And he it further enaBed, That the officers of the militia in the firft brigade in
lor^arrivfng0* the firft divifion, fhall be authorized and empowered in the refpeHive patrol diftri&s,
from'thewest-to apprehend any negro, muftee or mulatto freeman or freemen, Have or flaves, who
ma iasiandr,aha* ffiall hereafter arrive in any port of this ftate, from any of the Weft-India or Baha-
teX 0 e rea ma Iflands, and to keep fuch muftees, negroes or mulattoes in clofe and fafe cuftody
until they can be examined before the corporation of Savannah, or any three juftices
of the peace for any of the counties lying in the faid divifion, who are hereby authori-
zed to caufe fuch freeman or freemen, flave or flaves to be exported at the expenceof
the importer or owner, which fuch importer or owner is hereby made liable for as well
as for the expence of apprehending or keeping fuch perfons.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
JARED IRWIN, Governor.
Concurred, February 22, 1796.
An act to provide more effectually for training the militia of this fate.
WHEREAS the appointment of the officers, and the power of training the mili-
tia of the feveral ftates, according to the difcipline prefcribed by congrefsj is
fecured to them refpeftively by the conftitution of the United States; And whereas it
MILITIA.
361
is ey^Jent from the experience of ages, that to be prepared for war, is the greateft fecu-
fity of the peace of a nation; and that a well organized militia ought to be conhder-
ed among the firft obje&s of a free people : And whereas many of the officers com-
manding the militia of this ftate, have not been fufficiently inftrufted in the pra&iceof
the faid difcipline, to enable them to teach the fame to the privates under their com-
mand, for remedy whereof:
1. Be it enacted by the Senate and Honfe of Reprefentatives of the fate of Georgia in
General Affembly met, and by the authority of the fame, That it fhall and is hereby
declared to be the duty of the adjutant general, to convene all the field-officers, and KJnualiy'r
the brigade infpeftors of each refpeftive brigade, once in every year, at fuch conven-cadl bri£aUc-
ient time and place therein, as may be agreed on by him and the officers command-
ing the fame, for the purpofe of aiding and affilting the faid officers in carrying
into effect, the difcipline prefcribed by congrefs; and it fhall be the duty of the
faid officers to attend accordingly, fully and completely equipped as the law di-
redts, and to conform to fuch rules and regulations as the faid adjutant general
may deem neceffary for that purpofe, for a term not exceeding two days at any one
meeting ; Provided however, That fuch rules and regulations be not contrary to law,
2. And be it further enabled, That it fhall be the duty of the brigade infpeblors, and Bripade in^o
they are hereby required to attend at the ufual place of regimental mufters in each regi- Mllcomja-
ment, within the feveral brigades to which they refpeblively belong, twice in every year, nd
at fuch convenient time as they may appoint, for the purpofe of inftruQing and train- twice a*vear»
ing the adjutant and company officers thereof; and the better to carry the fame into
effebl, to eftabliffi an uniform difcipline thoughout the ftate, it fhall be the duty of the
captains, fubalterns and adjutant of each regiment, with the firft ferjeant of the feve-
ral companies, and they are hereby required to convene at the regimental mufter
ground therein, in complete uniform, agreeably to law, each commiffioned officer
with his commiffion, at fuch time as the brigade infpetlor may appoint, as aforefaid,
equipped with a mufket, bayonet, cartouch box, belt, and at leaft fix cartridges ; and
fuch captain, fubalterns and adjutant, fo convened, fhall form a company ; and be
fubjefit to fuch orders, regulations and reftri&ions, as he may deem neceffary, to
teach and enforce the difcipline prefcribed by congrefs, for a term not exceeding two
days at any one meeting.
3. And be it further enabled. That it fhall be the duty of the brigade infpeftors, on And on doe no.
due notice by the officer commanding the refpe&ive regiments, to attend all the regi-aifregimenui
mental mufters in the brigade to which they feverally belong, for the purpofe of aid-mUiters
ing and affifting the officers on parade, and inftrubfing them in their duty in their fev-
eral places. And it fhall be the duty of the adjutant of the feveral regiments, on like The adjmant
notice, to attend all battalion mufters for the purpofe aforefaid. uiionmusters.
4. And be it further enabled, That it Ihall be the particular duty of the officers Tliedllt f
commanding companies, and of the adjutants, to inftruQ: and train the non-commif-™™panyoffi"
fioned officers and privates, in conformity to the difcipline fo to be taught them as
aforefaid; and the faid field-officers, company officers and adjutants, {hall, and they
are hereby declared to be liable to trial by courts martial, and to all the pains, penal- Finesforne£.
ties and difabilities, prefcribed by the law for non-attendance, difobedience of orders, kct-
or ungentleman-like behaviour, in regard to the aforefaid fervice.
5. .And be it further enabled, That the adjutant general fhall be allowed two dol-Adlltant
lars, die brigade infpe&ors one dollar and feventy-five cents, the adjutant one dollar coinp"isar
Z z
3 6a
MILITIA.
and fifty cents, and the drum majors and fife majors, one dollar per day eax&j for
their fervices, while on aQualduty in performing the aforefaid fervice; the accounts
of the adjutant general for the fame, being firft certified by a major general or the copn-
mander in chief; the accounts of the brigade infpeEors by a brigadier general; and
thofe of the adjutants by a lieutenant colonel. And for the more eafy and effeftual
tranfmitting of military orders, ■'*
ceneraioak- 6. Be it further enabled, That the major generals, and brigadier generals be, and
pioy cxKes. they are hereby veiled with power to employ fuch perfon or perfons as they may
deem nccelfary, to ride exprefs, for tranfmitting fuch orders as in their judgment
may be for the good of the public fervice; and that fuch perfon fo employed fhall
be allowed at and after the rate of one dollar per day, during the neceffary time they
are aflually engaged in performing fuch duty, to be paid by the governor out of the
contingent fund, upon their producing a certificate of the general officer fo employ-
ing them : Provided, That a day's riding of an exprefs be not lefs than thirty-five
miles per day.
Spilonsefrom 7* lf/IU1'^Ur ena^td, That the founders, potters, forgemen, Heel makers,
»iutiaduty, naq manufaQurers, colliers, together with the managers and their clerks, who now
are, or may hereafter be aftually engaged and employed in carrying on the adullam
and ail other iron works within this ftate, be and they are hereby exempted from mi-
litia and all other public duties, while fo employed. • •
DAVID MERIWETHER, Speaker of the Honfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
JAMES JACKSON, Governor.
Affented to February 2, 1798.
An abl to alter and amend the militia law of this flate, and to provide for arming the
militia thereof.
arms and experienced officers; and no adequate provifion has been made by this ftate
for the attainments of thofe defirable objefls: Be it therefore enabled by the Senate and
Houfeof Reprefentatives ofthefate of Georgia in General Affembly met, and by theauthori-
neid-officers ty of the fame, That the field-officers in each county fhall have power to arrange and define
l^unds of com-the company and battalion diftricls, foas to make the fame compafl and convenient for
yame.. exercife; and where they fhall be of opinion that any alteration or alterations are necef-
fary in any ofthediftrifts aforefaid, they fhall tranftnit an account of fuch alteration or al-
terations to the commanding officer of the brigade to which the company or battalion
belongs, for his approbation; and if he approves of the alteration or alterations, the
company or battalion diltrift, as altered, fhall thenceforth be the diftrift of fuch com-
pany or* battalion, any law or ufage to the contrary notwithftanding: Provided%
?r«viso. That nothing herein contained fhall extend to authorize or empower the faid field-
officers to make any alteration or alterations that fhall or may derange or deprive any
officer of his commiffion, rank or command.
7i««s apropri- 2. And be it further enabled, That all fines incurred by the militia when not in the
41 ' fervice of the United States, fhall be applied and difpofed of for military purpofes?
MILITIA.
363
the good of the militia fervice, and at leaft one moiety bf the fame fliall be applied
for the payment of non-commiffioned officers, and apportioned among them ac-
cording to the fervice performed by them refpefclively.
3. And be it farther enacted, That his excellency the governor ffiall be, and he is The governor
hereby empowered and required to purchafe on the beft terms, one thoufandmufkets one'thousand
and bayonets, five hundred pair of horfemen's piftols, and five hundred fwords; andtaj«fhow.
as foon as the fame can be procured, they ffiall be depofited at the feat of govern- ^hundred
ment, and ffiall be fold out by the keeper of the public arms or magazine, to the mi- ^md$$6th8
litia of this ft ate for felf-defence, at coft and charges. ma|alin0ef,thc
4. And be it further enabled, That the keeper of the public arms ffiall be anfwer- ^dh^d out
able for the fafe keeping of the fame, and that he fliall annually, on the firft Monday jSeSKr
in January, account with and pay" the treafurer of this ftate, all fuch fum or fums of £|iriafekee*
money as he ffiall or may from time to time receive in payment of any of the public yearly with the
arms aforefaid. treai,urcr-
5. And be it further enacted, That the officers commanding court-martials, fliaflcojirtemarti.
keep a record of the proceeding of fuch courts, and ffiall alfo keep a record of the records,&c.
receipt and diffiurfement of all monies which may be impofed by any court-martial
fo ordered, for the infpe&ion of any perfon orperfons whatfoever.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativcti
ROBERT WALTON, Prefident of the Senate,
Affented to February 18, 1799.
JAMES JACKSON, Governor.
MILLS.
An abl to regulate the toll to be taken at mills.
1. T)E IT ENACTED by the Reprefentatives of the freemen of the fate of Georgia** mewshan
in General AJfembly met, and by the authority of the fame, That all owners
occupiers of mills ffiall well and fufficiently grind, or caufeto be well and fufficiently takc'.one eighty
ground, all clean and dry grain brought to their mills, and in due turn (as far as five
buffiels) at the fame may be brought, and may take for toll one eighth part thereof and
no more. And every owner or occupier of a mill who ffiall not well and fufficiently
grind, or caufe to be well and fufficiently ground as aforefaid, (unlefs in timps of
drought, or other fufficient caufe, of which thejuftice may judge) or not in due turn
or take or exaft more toll, ffiall for every fuch offence, on proof thereof, by one or
more credible witnefs, forfeit and pay a fum not exceeding fifteen ffiillings, to the par- JJHSgf*""*
ty injured, recoverable with cofts, before a juftice of the peace, of the county where
fuch offence ffiall be committed. Provided always, That every owner or occupier of fwva^
ft mill, may grind his, .or her own grain at any time. Vl 4
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, January 26, 1786.
t
364
NAVIGATION OF RIVERS.
An all to prevent perfons throwing ballaft or rubbifh, or falling trees into the rive## and
navigable creeks within this province^ and for keeping clear the channels of the fame.
1, 2, 3, 4, Re-enafted with amendments by aft of 1765.
personsob- 5. And be it enalled by the authority aj'orej'aid, That if any perfon or perfons after
navigation of the time of palling this aft, fhall cut or caufe to be fallen or cut down any trees con-
ereekViiow to tiguous to the rivers or navigable creeks by this aft intended to be kept free and paffa-
ca ' ble for {hipping, periaguas, and large boats, and fuch trees fo felled and cut down, fhall
happen to fall into the faid rivers, or into or acrofs the faid navigable creeks, the per-
fon or perfons fo falling or caufingthe faid trees to be fellen and cut down, fhall forth-
with clear the faid rivers or navigable creeks, of the fame, at his or their fole coft and
expence; and in cafe of his or their negleft or refufal, fo to do within ten days, any
onejuftice of the peace of the parifh or diftrift where the fame fhall happen, may,
and is hereby authorized on information on oath to him thereof given, forthwith to
iffue his warrant to the conftable of the faid parifh or diftrift, to caufe the faid tree or
trees to be removed out of the faid rivers or navigable creeks, and the expence attend-
ing the doing thereof fhall be paid and difcharged by the perfon or perfons fo falling
or caufing the faid trees to be felled and cut down, and fuch juftice is hereby fully au-
thorized and empowered to iffue his warrant for levying the fame, together with the
charge attending thereon, by diftrefs and fale of the goods and chattels of fuch of-
fender or offenders, and for want of fufficient diftrefs, to commit fuch perfon or per-
fons offending as aforefaid to prifon for the fpace of thirty days, or until payment
*rovj«tt. fhall be made as aforefaid; Provided neverthelefs, That nothing herein contained fhall
extend, or be conftrued to extend, to include, or to make clear, or navigable any
creek not navigable at the time of palling this aft.
. LEWIS JOHNSON, Speaker.
JAMES HABERSHAM, Prcfiient.
JAMES WRIGHT.
April 7, 1763.
* An act to amend u An act, to prevent perfons throwing ballajl or rubbi/h or falling
trees in the rivers and navigable creeks within this province, and for keeping clear-
the channels of the fame.
71 7HEREAS in and by an aft paffed in the fecond feffion of the fourth Gene-
V V ral Aflembly of this province, entitled " An aft to prevent perfons throw-
ing ballaft or rubbifh, or falling trees into the rivers or navigable creeks within this,
province, and for keeping clear the channels of the fame," It is therein and thereby en-
Baiiast,rubbish, acted, That if at any time from and after the pafling the faid aft, any matter or ow-
navigation^ ner, or any perfon afting as matter or owner of any fhip or other veffel whatfoever.
Of rivers how n 11 n 1 11 • n r 1 r* ,
be removed, mail caft, throw out or unload, or if at any time from and after the time aforefaid*
there fhall be caft, thrown out or unladed from, or out of any fhip or other veffel
whatloever being or riding within any port, road, channel, river or navigable creek,
within this province, any ballaft, rubbifh, gravel, earth* ftone, or wreck, but above
high water mark (except the fame be thrown out for the purpofe only of filling up
* See aft of 1774? feft. 5*
navigation of rivers.
365
where wharfs 'may be ere&ing or ere&ed under the banks of bruffs of fuch river or
navigable creek, it fhall and may be lawful for any one or more juftice or juftices of
the peace for theparifh ordiltri61 where or near which fuch offence fhall be committed,
upon information made on oath thereof, and he or they are hereby authorized and re-
quired to fummon or iffue out his or their warrant or warrants, to apprehend or bring
before him or them, the matter or matters, owner or owners, of any fuch fhip or other
veffel, or other perfon or perfons afling as fuch againft whom fuch complaint or infor-
mation fhall be made or given, and upon his or their appearance or making default in
appearing to proceed to examine the matters of faff, and upon due proof made either
by confeffion of the party offending, or on view of fuch juttice or juftices, or upon the
oath or oaths of one or more witnefs or witnefles (which oath or oaths the faid juftice
or juftices are hereby required to adminifter) that any ballaft, rubbifh, earth, gravel,
ftone, or wreck, hath been caft, unladen or thrown out of or from any fhip or other
veffel, the matter or matters, or perfon or perfons afling as matter or matters thereof,
fhall be adjudged, and he, and they are hereby refpeftively declared to be the offend-
ers againft this aft, and he and they being by fuch juttice or juftices (or by any of the
ways or means aforefaid) thereof convifted, fhall forfeit and pay for every fuch of-
fence, any fum not exceeding eight pounds, at the difcretion of fuch juftice or jufti - Offenders shall
ces, the one moiety thereof to the informer, and the other moiety thereof, to his ma- not exceeding
jetty for the fupport of the poor of the parifh, wherein fuch conviflion fhall be pro_e,£htpound8-
nounced. And whereas the fine of eight pounds in and by the faid aft impofed and
fet, is found greatly deficient for preventing the evil thereby intended to be prevented : Ent.is insuf*
Be it therefore enabled. That from and after the patting of this aft, if any matter orTbey'haiibe
owner or any perfon aftfng as matter or owner of any fhip or other veffeljwtex<£|njjp
whatfoever, fhall caft, throw out or unlade, or if there fhall be caft thrown out, or pounds"11
unladen from or out of any fhip or other veffel, being or riding within any port,
road, channel, river, or navigable creeks within this province, any ballaft, rubbifh,
gravel, earth, ftone or wreck, but above high water mark, (except as in the faid aft
excepted) every matter or owner or any perfon afting as fuch as aforefaid, fhall be
deemed the offenders, and fhall forfeit and pay for every fuch offence, a fum not ex-
ceeding three hundred pounds fterling, to be recovered and applied as herein after di-
jre£ted.*
2. And for the more fpeedy determination of offences againft this aft, Be it enac- Theciiiefju*
ted by the authority aforefaid, That information on oath being made of fuch offence jS£»aS§ulfc
before the chief juftice, or one of the afliftant juftices of the general court of pleas
of this province, the faid chief juftice and juftices, or any or either of them, areofFences*
hereby required and direfted, forthwith to iffue his or their warrant to apprehend
the offender or offenders, and oblige him or them to find fufficient fecurity for their
appearance at the court to be holden for that purpofe, and to abide the judgment
thereof j and m cafe fuch offender or offenders fhall negleft or refufe to find fuch fe-
* curity, it fhall and may be lawfql to and for the faid chief juftice and afliftant j-uf-
tices, or any or either of them9 to commit fuch offender or offenders to the common
jail of Savannah, until the determination thereofj and the faid chief juftice and juf-
prices, or any or either of them, are hereby required and directed to order and ap-
_point a court to be held within feven days after fuch information made for the trial offcIk"
of the matter of fa61, «and to proceed therein agreeable to an a£l of the General Af-
fembly, entitled " An a6t for holding fpecial or extraordinary courts of common
* See aft of i774> fe£t.
-s NAVIGATION OF RIVERS.
picas for the trial of caufcs arifing between merchants, dealers and others, andlhip
mafteis, fupercargoes, and other tranfient perfons."
when and how 3* ^ enaBed by the authori'y aforefaid, That if any offence fhall be com-
hhusfe-^of mitted againft this afct in any part of this province, where information thereof cannot
tfiepeice. fpeedtly be made to the chief 01 affiftant julticcs of the general court, it {hall and
may be lawful for any jullice of the peace in the paiilh wherein the offence fhall be
committed, to receive fuch information on oath, and to bind over the offender or
offenders, and the informer or informers, w ith fuificicnt fecurities'to appear ds afore-
faid; and the faid juftice is hereby required to* tranfmit fuch information immediately
to the chief or alhitant jultices, who are hereby required to proceed in the fame man-
ner as if the fame had been made before him or them.
Forfeitures and 4. And be it further enaBed by the authority aforefaid, That all forfeitures incur-
finesappropn ^ vjrtlie tj1js qla|j one mo[ety thereof to the informer and the other
moiety thereof to his majefty, for the ufe of this province, to be paid into the hands
of the treafurer of this province and to be applied for clearing and keeping clear the ri-
vers and navigable creeks within the fame.
ALEXANDER WYLY, Speaker.
JAMES HABERSHAM, PrrJidenK
JAMES WRIGHT.
March 25, 1765.
An aB for clearing out Ogechee* River and Brier Creek.f
Preamble. 1' \ A 7HEREAS the river Ogechee and Brier Creek are capable of being made
V V navigable for boatsj a confiderable diftance higher up thofe ftreams than
they are at prefent, and it is an objebl of the firft confideration, to improve the na-
vigation of the water-courfes capable of being made ufeful: Be it therefore enaBed
by the Senate and Houje of Reprefentatives of the fate of Georgia in General AJfem-
bly met, and by the authority thereof That Michael Shellman, Thacker Vivion, Kin-
dred Brafil, Stephen Mills, Ifrael Bird, John London, Jeffe M4Call, Stephen Den-
cheerand Bgriar mark, Jofhua Loper, and Drury Jones, be and they are hereby appointed commif-
creek. fionersj for clearing out the river Ogechee: And that David Robinfon, Jonathan
Afhberry, John Whitehead, William M4Norrel, William Moore, and William
Skinner, be and they are hereby appointed commiffioners for clearing out Brier
Creek; and the faid commiffioners, or a majority of them, are authorized to take,
receive and apply all fuch monies as may have heretofore been, or may hereafter be
appropriated by the legiflature, or as have heretofore been or may hereafter be fub-
fcribed, prefented or given by individuals, for the purpofe of clearing either of the
water-courfes aforefaid; and to fue for and recover of any fubferiber or fubferibers,
all fums of money, or the value of any fpecific article or articles, which may have
been or may be fubferibed and not paid before any court or tribunal, having cogni-
zance of debts to fuch amount, in the county where fuch fubferiber may rehde,
*£&<:«• powers. And the faid commiffioners are authorized and required to apply all monies or fpe-
cifics fo received or recovered, towards carrying the purpofes of this law fully into ef-
feft, in fuch way or manner as they, or a majority of each board may deem molt effec-
* See aft of 1798.
f See a£t of 1797*
% Commiffioners appointed for B ullock county by ad of 1798. fed.
NAVIGATION OF RIVERS.
tual and proper4. And the faid commiflioners, or a majority of each board, are authon-
zed and required to contratt with any perfon or perfons, for clearing the faid dreams,
to wit: The river Ogechee as high up as Louifville, and Brier Creek as high up as
Walker's bridge, in fuch manner and method as in their judgment may belt promote
the convenience and advantages thereof: Provided, That the work fhall be com-
menccd at fuch places as may require it neared the mouths of the faid dreams, and
fhall be progreffed upwards and not otherwife.
2. And be it further enaEied, That where any mill-dam is already built, or mayLockstobe
hereafter be built acrofs the faid river or creek, below the places before mentioned, sons building
the proprietor or proprietors of fuch mill-dam or dams, fhall within four months af- cross them,. for
ter the palling of this aft, ereft or prepare a gate, lock or palfage, fufficient and boats,&'c.
convenient for the palfage of any boat, raft or rafts of timber, boards or fcantling?
capable of being carried down fuch dream, if fuch dam were not there; and if thd
proprietor of any mjll-dam, fhall fail to ereft and keep fuch gate, lock or palfage,
within four months after- the pading of this aft as aforel'aid, then it fhall and may be
lawful for the faid commiflioners or any of them, or any perfon appointed by them,
to break down and dedroy every fuch mill-dam or dams; and the owner of any boat,
veflel or raft, which may be hindered or obtained by reafon of fuch dam for want of
a proper gate, lock or palfage, or by reafon of not opening the fame when required,
may recover of the owner or proprietor or manager of fuch mill-dam or other dop-
page, five dollars for every hour fuch boat, veflel or raft may be detained by the reafon
or means aforefaid, and any court or lawful tribunal having cognizance of debts to
the amount of the damages dated in the county where fuch^mill-dam may be, is au-
thorized and required to give judgment on good and fuflicient proof of the fafts
before them, (the defendant being fird fummoned to appear and anfwer the complaint)
againfl fuch owner, proprietor or manager, in terms of this aft, and award execution
thereon.
3. 4 fid be it further enaffed, That all hedges, flops or weirs, already made, or which Hedges, weirs,
may hereafter be made acrofs the faid river Ogechee, below Louifville, or acrofs Bri- Amoved.101*
er Creek, below Walker's bridge, fhall be taken up and removed by the perfon or per-
fons who made or placed, or caufed the fame to be made or placed, within two months
after the palling of this aft, or at any time thereafter, any hedge, flop or weir, or any
part of either fhall be danding or remaining in the faid river or creek, below the places
before mentioned, the faid commiflioners or either of them, or any perfon by themap-
pointed, lhall have power to remove, or caufe to be removed, fuch hedge, weir or flop,
and lhall recover of the perfon who made or placed, or caufed to be made or placed
the fame, double the amount of the expence attending the removal thereof, in man-
ner herein before prefcribed, for recovery of the damage fudained by the hinderance
of any boat or raft ; and if the perfon fo offending, hath not wherewithal to pay the
fum fo awarded againd him, he lhall be compelled to work on the faid dream, in
clearing it out, a time fufficient to difcharge fuch forfeiture, agreeably to the rates of
labor then cuflomary, or lhall be committed to jail not exceeding two months.
4. And be it further enacted, That the faid commiflioners, or the perfon or per- Timbei.maybe
fons employed or appointed by them, may lawfully cut down, and take off the land ^aecnent°Sidhc
of any perfon or perfons adjacent to the faid river or creek, fuch and fo many timber p°d^hatpur*'
trees or other trees, as lhall be neceffary for the purpofes of this aft, and lhall not be
liable to pay any price or damages therefor.
5. And be it further enaEied, That if any perfon or perfons lhall fell any tree or foiling
trees into the faid river or creek, of caufe the fame to be felled, and lhall not cut up
3^3
NAVIGATION OF RIVERS*
and remove the fame within the period of forty-eight hours after fuch felling, fuch
pcrfon ffiall, on conviftion before any juftice of the peace for the county, forfeit and
pay the fum of five dollars for every tree fo felled into the faid river or creek, and
not removed as aforefaid; and fuch forfeiture fhall be applied, one half to the ufeof
the informer, and the other half to the purpofes of this a61.
to°™I?bS2 And be it further cnaBed, That the faid commiffioners fliall each of them give
tecur-Ly. bond, with fufficient fecurity, to his excellency the governor, in the fum of one thou-
fand dollars, faithfully to apply all monies which come into their hands, towards car-
rying into full effeft the intention of this aft: And in cafe of the death, refignation or
refufal to aft, of either of the commiffioners herein before named, his excellency the
governor is authorized and required to fill fuch vacancy.
Ami make year- 7- And be it further enaBed, That the faid commiffioners ffiall, on or before the
governor of all firft day of January in each year, make a full and fair return of all monies by them
received and paid in conformity to this aft, to his excellency the governor, together
with the progrefs they may have made in the execution of their duty; and the faid com-
miffioners ffiall be allowed two and an half per centum on alimonies by them received
and paid away in manner aforefaid.
Ataxjobek- 8. And be it further enaBed, That a tax ffiall be, and is hereby levied on all lands
«nt lands, adjacent to either of the faid ftreams, over and above the taxes already impofed by
law, or which may be impofed for county ufes, in the following manner, to witf Fif-
ty cents on every hundred acres of land within one mile of either of the faid ftreams,
and below, within one mile of the places herein named; thirfy-feven and an half cents
on every hundred acres «pf land within two and over one mile of either of the faid
ftreams, or of either of the places aforefaid; and twenty-five cents on every hun-
dred acres of land within five and above two miles of either of the faid ftreams, or
How to be coi- °f either of the places aforefaidj and all perfons liable to pay fuch tax, are required
jetted. tQ pay ^ fame to any one 0f tfje f^d commiffioners who hath given bond as afore-
faid, on or before the firft day of November next, otherwife the faid commiffioners,
or a majority of them, may ilfue execution againft thofe in default, direfted to the
ffieriff or his lawful deputy of the county wherein fuch land lie, who may levy the
fame on the goods and chattels of fuch defaulter, if any to be found in fuch county,
and if not, then on a part of fuch lands competent to pay the tax due by fuch perfon;
and may after three months' public notice thereof, in the gazette of Savannah or Au-
gufta, if the owner of fuch lands do notrefide within fuch county, or after thirty days'
public notice in three or more public places in the county, if fuch owner be a refident
of the county, expofe the fame to public fale tothehigheft bidder; Provided, That no
r°vs°. fnore than a proportion of one tenth part of the faid lands belonging to any one per-
fon ffiall be liable to fale under and by virtue of this aft : And provided alfo, That
No0£ffettor- the lands of orphans or infants underage, wTho have no guardian to aft for them, ffiall
ihans. not kakie to fale as aforefaid.
THOMAS STEVENS, Speaker of the Houfe of Rcprefentatives.
BENJAMIN TALIAFERRO, Prefiient of the Senate.
Concurred February 22, 1796.
JARED IRWIN, Governor,
NAVIGATION OF IlIVERS.
Zr'0
An act to improve the navigation oj Brier Creel from the line dividing the counties of
Burke and Scrivcn, to the mouth thereof
l."OE IT ENACTED by the Senate and lloufe of Reprefentatives of the fate <3/*Pcrs0ns iiaiie #
13 Georgia in General Ajjhnbly met, That the male inhabitants o{' the county ofcr«VfclBfi"
Scrivcn, from the age of eighteen to fen ty-five years, which do or may refide within fccnvcn*
two miles of the faid creek, Shall be, and they are hereby made liable to work on and
improve the navigation of the faid creek, from the aforefaid lines of Burke and Scriven
to the mouth thereof, by laboring thereon three days each year, under the penalty of ons
dollar for each day, which any pcrfon or perfons as aforefaid, (hall negleft or refufe
to work or aid in improving the navigation of fuch creek ; and the maker, owner or
other perfon or perfons, having the charge or cuftody of any flave, or other perfon
bound to fervicc, or under the age of twenty-one years, fhall be, and they are hereby
made liable to pay for the default or negleft of any fuch perfon or perfons whatever.
2. And be it further enabled., That the inferior court of the county of Scriven, fhall tSfSnuJit.
be authorized to appoint commifhoners to improve the navigation cf the faid creek
who are hereby authorized to call or fummons the faid inhabitants, and by their joint
labor to improve and open the navigation of the faid creek ; and they the faid com-
mifhoners refpeftively, fhall iffue execution againft the feveral perfons, who may neg-
left or refufe to comply with the terms of this aft, and to apply fuch fum or rums oh
money, as may be fo received, to and for the ufe and benefit of the navigation of the
faid creek.
3. And be it further enacted, That fuch perfons as are required by this aft, to aid per«»»?woTV.
in the improving of the navigation of the aforefaid creek, {hall be exempted from work- crtekMcemjt
ing on any public road.
4. And be it further enabled, That every perfon or perfons, liable to work as afore- What tools and
faid, fhall bring with them one good axe each, and fuch other tools and implements, as £uS°Kit#
the faid commilhoners may direft; and every perfon or perfons, neglefting or refu-
ling to bring fuch tools and implements, as may be required as'afore faid, fhall be fined
in a fuin not exceeding one dollar each, per day; and the owner, manager or em-
ployer of any flave or flaves liable to work, and neglefting or refufing to bring the
tools or implements required by the commilhoners as aforefaid, fhall be fined for
eactfflave neglefting or refufing as aforefaid,in a fum not exceeding one dollar each per
day ; to be recovered by warrant under the hand and feal of the faid commilhoners or
a majority of them, direftedto the fheriff or any conftable of the county in which they
refide; and it fliall be the duty of the faid fheriff or conftable to levy and make fale of
the defaulter's goods and chattels, as in cafe of execution and levy, ordered by the fupe-
rior or inferior courts in this hate.
5. Be it further enabled, That all other afts or parts of afts for the improvement Repea!il,g
of the navigation of the aforefaid creek, fo far as militates againft this aft, fhall be and*1***5,
they are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, President of the Senate,
Concurred February 15, 1797.
JARED IRWIN, Governor,
3 A
37°
NAVIGATION OF RIVERS.
An abl to repeal an " AH for keeping open Little River and Broad River, fo far as it
refpebls Jofeph Ray, Bazil Lamar, and the heirs of Williamfon, upon certain condi-
tions."
Preamble, TTKTHEREAS it hath been found that an aft pa fled the twenty.fecond day of
V V February, one thoufand feven hundred and ninety-fix, has in its operation
borne hard upon Jofeph Ray and Bazil Lamar, by preventing the profecution of
their defign to ereft merchant mills upon Little River : And whereas, it is of much
more confequence to the community at large, to encourage the manufaftory of flour,
than the inconfiderable advantages refulting to a few individuals, from the egrefs of
the fifh in the aforefaid river.
^ ^ierefore enabled by the Senate and Houfe of Reprefentatives of the fate of
S"ep^Rav& Georgia in General Ajfemblfmet, and by the authority of the fame: That fo much of
reprtiid1^' aforefaid aft for keeping open Little River and Broad River, as refpefts the mill
K,inc6ndi" feats aforefaid Jofeph Ray and Bazil Lamar, be and the fame is hereby repeal-
ed. Provided always neverthelefs, That if the faid Jofeph Ray and Bazil Lamar fhall
not, w ithin two years from and after the palling of this aft, ereft or caufe to be ereft-
ed and completed a merchant mill each, in which may be manufaftured into good mer-
chantable flour, one hundred and fifty bufliels of wheat in the fpace of one day, this
aft fhall after the expiration of the aforefaid two years, be taken and confidered, fo far
as it refpefts the aforefaid Jofeph Ray and Bazil Lamar, as not operating to repeal
the aforefaid aft for keeping open Little River; but the fame fh all thereafter be re-
ceived and remain in full force and efficiency.
?cspfe6b a031 2. And whereas, a bounty of land upon Little River was granted to Andrew Burns,
Burns'saw <m conflciera(jon 0f erecting a faw mill thereon, which was accordingly com-
pleted: And whereas it was a departure from the original intention of the legislature,
to impede the exercife of the aforefaid faw mill, by requiring a fluce to be opened in
the dam of the fame.
Repels g. Be it therefore further enabled, That the aforefaid aft for keeping open Little
River and Broad River, fo far as it relates to the aforefaid faw mill, be, and the fame is
* hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives♦
DAVID EMANUEL, Prejiicnt of the Senate.
Affented to February 2, 1798.
JAMES JACKSON, Governor.
An abl to amend an abl for clearing out Ogechee River and Brier Creek.
preamble. "T T 7"HEREAS a number of citizens of Bullock county hath petitioned this le-
W giflature for altering the mode of clearing out the lower part of Ogechee
River: Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate
of Georgia, That the juftices of the inferior court of the county of Bullock, be, and
Commissioners they are hereby authorized and required to appoint commiflioners in the faid county,
toopeTthe ri- for the purpofe of clearing out the river Ogechee, oppofite to the faid county line,
county. u oc as far as the faid line extends, which faid commiflioners fhall have full pow7er and au-
thority to call out the inhabitants liable to work on the roads, who fhall work on the
faid river; at the time appointed by the faid eommiflioners, fix days in every year.
NAVIGATION OF RIVERS.
e, And be it further enaBed, That the laid inhabitants liable as aforefaid, fhall be po.-ed on per-
fubjeft to the fame fines and penalties for not working on the faid river, or for the tonworiT',g
difobedience of the orders of the commiffioners, as they are liable to by the road aft
of force in faid county, for negleft of duty or difobedience of orders in working on
the faid roads: Provided always, That the faid inhabitants fhall not be liable to workPr0
on the public roads in the faid county for more than fix days in one year: And pro- more°th4nr«x
vided alfo, That the faid inhabitants, upon producing a certificate from the faid com-r^:iso
miffioners, of their having worked on the faid river in clearing and rendering the
fame navigable, to the juflices of the inferior court of the faid county, within ten
days after working as aforefaid, he or they producing fuch certificate, to be filed offrommaffi0nai
record in faid court, fhall not be liable to the additional tax impofed by the faid aft, lefm™certain
entitled " An aft for clearing out Ogechee River and Brier Creek."
3. And be it further enabled, That the inferior court of any of the counties inclu-other !nfc_
ded and made liable to the faid tax by the aforefaid aft, be and they are hereby au-^p',,,
thorized, upon the petition of a majority of the inhabitants liable as aforefaid, to ap- ^missluntir'
point commilfioners for opening and clearing the faid river, oppofite to the county
line of the inhabitants fo petitioning, which faid commiffioners fhall be veiled with
like power as the commiffioners to. be appointed for Bullock county; and the inha-
bitants inTuch county petitioning as aforefaid, fhall be liable to the fame penalties,
and entitled to the fame advantages which the faid inhabitants of Bullock county are
liable or entitled to by this aft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
Affented to February 3, 1798.
JAMES JACKSON, Governor.
An aB to incorporate a company for the improvement of the navigation of that part of
Savannah River between the town of Peterfburgh and the city of Augufa.
1. Tj^THEREAS the improvement of the inland navigation of every country isPremabie:
V V of primary importance to its inhabitants, and few countries enjoying great-
er natural advantages than this flate for the extenfi'on of commerce, and it being con-
ceived that the clearing out and removing the obflruftions in that part of Savannah
River, between the town of Peterfburgh and the city of Augufla, would greatly con-
duce to the convenience and interefl of the inhabitants fettled in the north and north-
weflern parts of this flate: Be it enaBed by the Senate and Houfe of Reprefentatives ofAcome3
the flate of Georgia in General Affembly met, and by the authority of the fame, That a ^^4^-
company fhall be eflabliffied, the capital flock whereof fhall not exceed forty thou-s^.^avaii-
fand dollars, divided into four hundred fhares, each fhare being one hundred dollars; e«?-ed forty0
and that fubferiptions-towards conflituting the faid flock fhall, on the fir ft Monday in ^usanddo1-
May next, be opened at the town of Peterfburgh, under the fuperintendance ofwhenr&w0i?e%
fuch perfons, not lefs than three, as fhall hereafter be appointed for that pur pole;co be °tened*
which fubfeription fhall continue open until the whole of the faid flock fhall have
been fublcribed.
2. And be it further enaBed, That it fhall be lawful for any perfon, co-partner-when tow
ihip, or body politic to fubferibe, as he, fire or they, fhall think fit, for fuch or fo ma-
2
37 2
NAVIGATION OF RIVERS.
ny fhares not exceeding thirty, and that the feims refpeBively fiubferibed, {ball be pay-
able in gold or filver, or bank bills of the United States, to be paid at four feveral
payments, at the diftance of nine calender months from each other, the fir ft whereof
{hall be paid at the time of fubfeription.
The subserve™ g. And be it further enabled, That all thofe who fhall become fubferibers to the
**Thesavan comPany? tbeir fucceffors and affigns, fhall be and are hereby created and made
^h Navigation a corporation and body politic by the name and ftyle of the " Savannah Navigation
Company," and by that name fhall be, and are hereby .made able and capable in law,
to have, purchafe, receive, poffefs, enjoy and retain to them and their fuccelfors, lands,
rents, tenements, hereditaments, goods, chattels and effeBs, of what kind, nature or
quality foever ; and the fame to fell, grant, demife, alien, or difpofe of; to fue,
and be fued, plead and be impleaded, anfwer, and be anfwered, defend and be
defended, in courts of record or other place whatfoever : And alfo to make,
have and ufe, a common feal, and the fame to break, alter and renew, at their plea-
fure : And alfo to ordain, eftablifh and put in execution, fuch bye laws, ordinances
and regulations as fhall feem neceffary and convenient for the government of the
laid corporation, not being contrary to law, or the conftitution thereof (for which
purpofe general meetings of the fubferibers to the faid flock fhall and may be called
by the direBors, and in the manner herein after fpecified) and generally to do and ex-
ecute all and Angular aBs, matters and things, which to them fhall appertain to do ;
fubjeB neverthelefs, to the rules, regulations, reftriBions, limitations, and provifions
hereafter prefcribed and declared.
-?rdhovvS'cTioen 4* And he it further enaBed, That for the well ordering of the affairs of the faid
«n- corporation, there fhall be nine direBors, of whom there fhall be an election on the
firft Monday of January in each year, by the flock holders or proprietors of flock in
the faid corporation, and by plurality of votes, aBually given ; and thofe who fliall
be duly chofen at any eleBion, fhall be capable of ferving as direBors, by virtue of
fuch choice, until the end and expiration of the firft Monday of January next enfuing,
«hoostaI!resi ^ie thne of fuch eleBion, and no longer; and the faid direBors at their firft meeting
***■ after fuch eleBion, fhall choofe one of their number as prefident.
Notice to be gi- 5- Provided always and be it further enaBed, That as foon as the fum of four thou-
uwusmddoiy fand dollars fhall have been aBually received on account of fubfeription s to faid
«!irettors shall flock, notice thereof fhall be given by the perfons under whofe fuperintendance the
be chorea. pum ^a]} }iave keen ma(]e? |n 0nc of the public gazettes of this ftate, and the faid per-
fons fhall at the fame time and in like manner, notify a time and place at the diftance
of thirty days from the time of fuch notification, for proceeding to the choice of di-
reBors : And it fliall be lawful for fuch election to be then and there made ; and the
perfons then and there chofen fhall be the firft directors, and fhall be capable of
ferving, by virtue of fuch choice, until the end and expiration of the firft Monday
of January next enfuing the time of making the fame, and fhall forthwith thereafter
fr«Yis». commence the operations of the faid corporation. And provided further, That in
cafe it fhould at any time happen that an election of directors fliould not be made
upon any day, when purfuant to this act it ought to have been made, the faid corpo-
ration fhall not for that caufe be diffolved; but it fhall be lawful o-n any other day,
to hold and make an election of directors in fuch manner as fliall have been regulated
by the laws and ordinances of the faid corporation.
Foweranduu ^ fur^er enaBed, That thedireUors for the time being fhall have power
t?»fthedirce-to appoint fuch officers and fervants under them, as fliall be neceffary for executing
the bufinefs of the faid corporation, and to allow them fuch compenfation for theis;
NAVIGATION OF RIVERS.
373i
fer'vices refpeflively, as fliall be reafonable; and fiiall^be capable of exercinng fuch
other powers and authorities fojr the well governing and ordering the affairs of the laid
corporation as lball be defcribed, fixed and determined by the laws, regulations and
ordinances of the fame.
7. And be it further enaffied, That when the faid corporation fhall have fo remov- ^
ed the obftruftions in that part of Savannah River between the town of Peterfburgh tfon« ^7™°-
and the city of Augufta, that boats carrying a burthen of fifteen hogfheads of to-
bacco, when the water is at its common height, fhall fafely pafs up and down from S
the faid town to the faid city, then the faid corporation, and not before, fhall have ,eceivc tolK
power to levy and receive a.toll on all articles carried up and down the faid river,
which fhall not exceed the following rates, viz.
For every hogfhead of tobacco, thirty-feven and an half cents. Rates of tun.
For every barrel of flour, four cents. <
For every hundred weight of all other articles, except lumber, two cents.
For every tboufand feet of lumber, ten cents.
And fhall alfo levy a toll in proportion to the diftance from any other place on the
»faid river, between the faid town of Peterfburgh to the falls of the faid river, next
above the city of Augufta. And if any perfon paffing up and down the river as
aforefaid, with any boat or other veffel with goods or any articles on board, and fhall
refufe to pay the toll aforefaid, or any other rates the faid corporation may eftablifh,
not exceeding thofe aforefaid, then and in that cafe the faid corporation fhall have
power, and are hereby authorized to feize and detain the fame, until the cuftomary
toll fhall be paid.
8. And be it further enacted, That the following rules, reftrifitions, limitations and
provifions fhall form and be fundamental articles of the conftitution of the faid cor-ration
poration:
lft. The number of votes to which each ftockholder fnall be entitled, fhall be ac- Reputation of
cording to the number of fhares he fhall hold, mthe proportions following, that is to
fay: For one fhare, and not more than foio: fhares, one vote; for five fhares, and
not more than nine, two votes; for ten fhares, three votes; and for every five fir ares
above ten, one vote, exclufive of the three-to which he, fheorthey, may be entitled
by the ten fhares.
2d. Not more than one half of the direfilors in office, exclufive of the prefident, E1;gibilIty>
fhall be eligible for the enfuing year.
3d. None but aftockholder fhall be eligible as a director.' Direaormi»t
4th. No direflor or prefident fhall be entitled to any emolument, unlefs the fame ^ea stockhold-
fhall have been allowed by the ftockholders at a general meeting. Noemoiument.
5th. Not lefs than five direfilors fliall conflitute a board for the tranfatlion of any F!ve silicon-
bulmefs, of whom the prefident fhall be one, except in cafes of ficknefs, or neceffa-stituteaboard*
ry abfence; in which cafe his place fhall be fupplied by another direflor.
6th. A number of ftockholders, not lefs than twenty-five, fhall have power at any
time to calf a general meeting of the ftockholders, for purpofes relative to the infti-ms' '°wc*
tution, giving at leaft four weeks' notice in one of the public gazettes of this ftate, and
fpecifying in fuch notice the objefil or objefts of fuch meeting.
" 7th. Every treafurer, before he enters on the duties of his office, fliall be required Treasurer shan
to give bond, with two or more fecurities to the fatisfa&ion of the direfitors, in a fum fcicuSdaud
Hot lefs than five thoufand dollars, with condition for his good behaviour.
8th. The flock of the faid corporation fliall be affignable and transferable, accord- assi£S"
374
NAVIGATION OF RIVERS.
ing to fuch rules as fhall be inflituted in that behalf, by the laws and ordinances of the
fame.
JijeuVMriy?'1" 9^* Yearly dividends fhall be made of fo much of the profits of the flock as fhall
appear to the directors advifable, and once in every two years the directors fhall lay
before the flockholders at a general meeting, for their information, an exact and parti-
cular flatement of all debts due or owing, and all monies received or expended,
supcrinten- 9- And be it further enabled, That Leroy Pope, Robert Thompfon, Memorable
dantsn°mina- Walker, Robert Watkins, of Peterfburgh, John Oliver, Robert Ware, Newel Wal-
ton junr. and James Hughs, are hereby appointed fuperintendants to open the fub-
fcriptions and to fuperintend and conduct the bufinefs of the faid corporation, until
organized according to prefcriptions and limitations of this act.
Corporation 10. And be it further enabled, That the faid company fhall remain and continue a bo-
twenty years. dy politic under the reflrictions limitations and provifions aforefaid, for the term of
twenty years and no longer, the term of twenty years to commence from the day
when the faid corporation fliall order the reception of the toll according to the con-
ditions of this act.
pirettorsshaii n. Be it further enabled, That when the river aforefaid fhall have been fo clear-
cxeaitivewhen ed out, and the obftructions fo removed as contemplated and required in the feventh
cleared out, fec.tion of this act, a report thereof by the directors fhall be made to the executive
department, who fhall appoint perfons not lefs than three, to examine and report the
improvement made on the faid river, by the faid corporation, from the town to the
city aforefaid, and if the faid perfons fo nominated, after due examination fhall report
that the portion of the river aforefaid, is fo improved in its navigation, and its ob-
flructions fo removed, that boats of the burthen mentioned in the feventh fection of
this act, can fafely pafs from the town to the city aforefaid, then, and not before, the
faid company or corporation fhall be empowered to levy or receive the toll at the
rates aforefaid.
The funds of *2. And be it further enabled, That nothing herein contained fhall extend,- or be
beaSdotto conflrued to extend to affect in any manner the funds of this flate or any part there-
proviso. of: Provided always, That the operation of this and every part thereof fhall be and
the fame is hereby fufpended until the legiflature of South-Carolina fhall pafs a law
or laws effablifhing the company aforefaid, and giving the faid corporation the like
powers of levying a toll on the produce of that flate, as is given by this act, to the faid
proviso, company, over the produce of this flate: And provided, That nothing contained in
this act fhall prevent the next legiflature from repealing the fame.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate.
Affented to February 14, 1799.
JAMES JACKSON, Governor.
An aB to appoint commiffioners for the purpofe of co-operating with the fate of South«
Carolina, in improving the navigation of the river Sav arm ah, from the city of Au*■
gufa to the city of Savannah.
preamble. 1. T If 7HER.EAS it is conceived that it will very much advance the agricultural
V V and commercial interefls of this flate, to remove as much as poflible all
NAVIGATION' OF RIVERS.
375
obftructions to the navigation of the river between the cities of Augufta and Savan-
nah, and will be productive of confiderable advantages to trade and induftry in gene-
ral, therefore, Be it enabled by the Senate and Houfe of Reprefenlatives of the Jiate of
Georgia in General -Affembly met, and by the authority of the fame, That the corpo- Commissioners
ration of Savannah (hall appoint three fit and difcreet perfons, and the city council off i join coritms-
Augufta alike number, as commiffioners to ioin any who have been, or hereafter may numVnhihV
, • •* South-Carolim
be appointed by the ftate of South-Carolina; which commiffioners, or a majority
them, fhall form a board, to be dehgnated by the name and ftyle of a board of com- savannah
miffioners for improving the navigation of the river Savannah, and fin all have power S^S'o'nau
to lay and impofe a duty or toll on all produce or lumber earned down the faid ri-^'^AT
ver; Provided, fuch toll or duty fhall not exceed the following rates, to wit: On each pfoVisof1'
hogfheadof tobacco thefum of fifty cents; on each barrel of corn or wheat (lour, twelve RiltesoftoH'
and an half cents; on each barrel of pork, fix and a quarter cents; on every thoufand
feet of plank or lumber, fix and a quarter cents; on every hundred bufhels of corn
fifty cents; on every hundred weight of clean cotton, twelve and an half cents to be
paid by the owners, the factors or agents to whom the aforefaid articles are fhipped;
and the monies arifing therefrom, (hall and is hereby declared to be a fund let apart
and appropriated for the fole and exclufive purpofe of improving the navigation of
the faid river Savannah, between the cities aforefaid; and veiled in the faid board of
commiffioners, and their fucceffors in office, for the ufe and purpofe aforefaid.
2. And be it further enabled, That the aforefaid board of commiffioners fhall have Su"fupr!oint 4
power to appoint a colle&or, refident in the city of Savannah, whofe duty it fhall be
to colle£t the aforefaid toll on and every of the articles herein before enumerated,
which may be carried down the faid river to the port of Savannah, and fhall give Wh0shallgive
bond, with two or more good and fufficient fecurities, in the fum of five thoufand ^Tyln"^J"ccu"
dollars, payable to his excellency the governor, and his fucceffors in office, condi-krTsaadJj>
tioned for the true and faithful difcharge of all duties inipofed on faid colleger by this
aft, which bond fhall be taken by the faid commiffioners, and tranfmitted to ihe trea-
fury office, fubjeft to be put in fuit, on the application of the faid board of commif-
fioners, for any breach thereof; and any monies recovered thereon, fhall be appro-
priatedby the faid commiffioners for the purpofe of improving the navigation of the
faid river; and the faid colleftor fhall receive a commiffion of five per centum on all Keshan recede
monies collected and paid by him, in full compenfation for his fervices. five percent.
3. And be it further enabled, That the faid collector fhall make fair and regular And make a
returns of all monies received by hirn in virtue of this aft, and pay the amount there- ofaiimeWre-
of to the faid commiffioners quarter yearly, or in default thereof, may be fued on his J °J5r't0 the
faid bond, and removed from office at the difcretion of the faid board of commif-
fioners; and it fhall be the duty of the faid board to keep a fair and regular account
of all monies recovered under and in virtue of this aft, and tranfmit a ftatement
thereof to the office of the treafurer of the ftate annually, for the infpeftion of the
legiflature.
4. And be it further enabled, That the commiffioners appointed in virtue of this commissioners
a£i, fhall give bond and fecurity in the fum of five thoufand dollars each, payable to
his excellency the governor and his fucceffors in office,-conditioned for the faithful nTeach. °
difcharge of their duties, which bond fhall be taken by the corporation appointing
them refpe&ively, and tranfmitted to the treafury, fubjecf to be put in fuit, on the
application of the faid corporation, for any breach thereof; and the monies reco- Money recover,
vered thereon to go to the fund intended to be raifed by this aft, JrikSai,1?ro"
NAVIGATION OFRiters.
to meet
commissioner. 5- ^nd be it further enabled, That the faid commiflioners fliall meet at fuch time
thifatun-and place as they may agree on, and proceed to carry this aft into effeft, in fuch man-
ett;i ner as in their judgment will bed promote the beneficial purpofes for which it is in-
tended.
DAVID MERIWETHER, Speaker of the Iloufe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to February 18, 1799.
JAMES JACKSON, Governor.
An act to raife money for the purpofe of opening and improving the navigation of Broad
River, from its junction with Savannah River, up the faid Broad River to Wilhite's
Landing.
preamble. i. ^ U THERE AS it appears effential to the intered and convenience of the citizens
Yf this fiate, redding on, and near the waters of Broad River, that the
navigation of faid river be improved, by means of which, the produce of thofe parts
may be conveyed with more eafe to market. Be it enabled by the Senate and Houfe of
Reprefentatives in General AJfembly met, and by the authority of the fame, That it (hall
estebHsh?dTtoe and may be lawful for the commiffioners herein after named, to edablifh a lottery with-
sand 'dollar*11* three years from and after the palling of this aft, to raife the fum of one thoufand
dollars, under fuch fchemes and regulations, as they, or a majority of them, may deem
neceffary and proper, to carry into effeft the above recited objeft.
commissioners 2- Anc^ &6 ^ farther enabled, That Allen Daniel, William Harvey, Edmund Shac-
gatln* kleford, Reuben Eadon and Clay borne Webb, be, and they are hereby appointed
commiflioners, to carry the aforefaid lottery into full effeft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Affented to December 1, 1800.
JAMES JACKSON, Governor.
An abl to authorize certain commiffioners therein named to efablfh a lottery for the pur-
pofe of raijing the fum of three thoufand dollars, to be appropriated to clearing
out and improving the navigation of the Alatamaha and Oconee Rivers, commencing
from the fea, and continuing as far up as the Rock Landing, and for other purpofes.
& mbie lm "\X7"HEREAS it appears effential to the intered of the people at large, that the
-a e. Y V navigation of the Alatamaha and Oconee Rivers fhould be improved, as
far up the latter river as the Rock Landing, thofe being the principal channels through
which the produce of the wedern parts of this date are conveyed to market. And
■whereas there are at prefent many obdructions to the eafy navigation thereof. Be it
therefore enabled by the Senate and Houfe of Reprefentatives of the fate of Georgia in
rized to lm-h0" General AJfembly met, and by the authority of the fame, That it fhall and may be lawful
gatioen'of thevl* f°r £he commiflioners herein after named, to edablifh a lottery within nine months af-
ter pafling of this aft to raife the faid fum of three thoufand dollars under fuch'
OFFICERS, CIVIL AND MILITARY.
377
fchemes and regulations as they may think fit and proper for the purpofe of opening
and improving the navigation of the faid rivers.
2. And be it further enafted by the authority oforefaid, That Jonathan Fabian, John cotr.mK,;om.rs
Cauper, Ferdinand Oneal, Spencer Willfon, David Blackfhear, John Jones and
Samuel Wright, be the commiffioners authorized to carry the fame into effeft.
3. And whereas the manufactory of cotton will be attended with public utility, and Ln«en amw-
William M'Clure and James Thompfon have propofed toereft machinesfor that pur -moteco«nn
pofe: Be it therefore further enafted by the authority aforefaid, That it ffiall and may be "u aC8ry"
lawful for the commiffioners herein after named to eitabliffi a lottery within fix months
from and after the palling of this aft to raife the fum of two thoufand dollars, under fuch
fchemes and regulations as may by them be deemed neceffary, the faid money to be
applied to the ufe and benefit of the faid William M'Clure and James Thompfon, for
the purpofes of erefting and carrying on the machinery aforefaid.
4. And be it further enacted, That Benajah Smith, Joel Abot and John Matthews commi«;0ne^
be, and they are hereby appointed commiffioners to carry the laft mentioned lottery
into effeft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
JAMES JACKSON, Governor.
Affentedto February 3, 1798,
OFFICERS, CIVIL AND MILITARY.
An act to compel all officers, civil and military, within this fate, to take and fitbferibe
an oath to fupport the confitution thereof
WHEREAS it is neceffary that all officers, civil and military, within this ft ate, Preamble,
ffiould be bound to fupport and maintain the conftitution of the fame :
1. Be it therefore enabled, That all and every officer, civil and military, holding any An officersdva
office under the authority of this ftate, by commiffion or otherwife, ftiall take and shall take the
fubferibe the following oath, before the clerk of the fuperior or interior courts GffoUlJWins
the county in which he may refide; or if a ftate officer, before his excellency the
governor for the time being, to wit: "T, A. B. do folemnly fwear (or affirm, as thethfco°nt"iptu°rt
cafe may be) that I will bear true faith and allegiance to the ftate of Georgia, and toti0U-
the utmoft of my power and ability obferve, conform to, fupport and defend, the
conftitution thereof, without any refervation or equivocation whatfoever, and the
conftitution of the United States. So help me God."
2. And be it further enabled, That all officers who are now in commiffion, civil or Beforefj]
military, except fuch ftate officers as have been elefted by the General Affembly at this««oath si?™i
prefent leffion, and have been duly qualified before his excellency the governor, ffiall,
within the term of fix months, take and fubferibe the aforefaid oath, in manner and
form aforefaid, which ffiall be made of record by the officer before whom it is taken;
and in cafe of refufal or negleft of any officer, his office {hall be confidered null and
void, and his excellency the governor is hereby authorized and required to fill up
fuch vacancy, in the fame manner as if it had been made by death, refignation or re-
moval from the diftrift: And in cafe any fheriff, clerk of the fuperior or inferior
3 R
Persons in of-
378 OFFICERS, CIVIL AND MILITARY.
sktfortankc* court, or any other officer having office of truft under the authority of this ftate, (hall
tucsanioath, neg}eQ. or refufe to take the aforefaid oath in manner and form aforefaid, within the
term of fix months, their aft or afts as they appertain to the faid office, ffiall be con-
fidered as null and void.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Pref dent vf the Senate.
Affented to February 16, 1799.
JAMES JACKSON, Governor.
An aft to give further time to the officers of this fate to take and fubfcribe the oath re-
quired by the aft, entitled " An aft; to compel all officers, civil and military, within
tKis fate, to take and fubfcribe an oath to fupport ihe confitution thereof," paffied the
fxteenth day of February, onethoufand feven hundred aitd ninety-nine.
1. "OEIT ENACTED by the Senate and Houfe of Reprefentatives of the fate of Geor-
compfywfth0 -13 giain G ener al Affiembly met, and by the authority of the fame, That the civil, mili-
comfnuedin tary, and all other officers of this ftate who now are in commiffion, and have not here-
office' tofore taken and fubfcribed the oath required by the aforefaid aft in terms thereof,
ftiall neverthelefs be permitted to hold, exercife and enjoy their refpeftive appoint-
ments until the firft day of Oftober next,
fwe to takesafd 2# ^n^ it further enafted, That if any of the officers of this ftate ftiall negleft
thLhaatetonbeof or refufe to take and fubfcribe the aforefaid oath in terms of this aft, every fuch offi-
offinceledfrom cer or °fficers fhall, for ffich his negleft or refufal, be removed from office, as in
cafes of mal-praftice or difobedience of orders.
ft-re-ftCTtob™ 3* ^^beit further enafted, That all civil officers hereafter to be appointed ffiall,
SS^Soath11 before they enter on the duties of their refpeftive appointments, take and fubfcribe
the faid oath, in addition to the oath of office; and all militia officers hereafter to be
appointed, ffiall take and fubfcribe the fame before the clerk of the fuperior or infe-
rior court of the county, and obtain a certificate thereof, before fuch officer ffiall take
any command by or under fuch appointment.
-Proceedings by 4. And be it further enafted, That all proceedings which have been had or obtained
cheers made before any of the aforefaid officers, who hav@> not taken and fubfcribed the aforefaid
oath in terms of the faid aft, or that may in future be had and obtained before
them, or any of- them, previous to the aforefaid firft day of Oftober next, ffiall be
held, deemed and con fidered to be as legal, as if fuch officer or officers had taken
and fubfcribed the aforefaid oath in terms of the faid aft.
dealing 5' An& ** further enafted, That any part or parts of the aforefaid act, which
may militate againft this act, ffiall be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prejident of the Senate.
Affented to December 5, 1799.
JAMES- JACKSON, Governor,
valid,
clause.
PAPER MEDIUM,
379
An act to give further time to the officers of this fate to take and fubfcribe the oath,
required by the aBs entitled " An actio compel all officers, civil and military with-
in this fate,to taketand fubfcribe an oath to fupport the confitution thereof pajjed the
Jixteenth day of February 1799," and, alfo an aft pajjed the §thday of December 1799.
#
1. TJ E IT' ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia in General Affembly met, and by the authority of the fame, That the Further time
civil, military and all other officers of this ftate who now are in commiffion, and have
not heretofore taken and fubfcribed the oath required by the aforefaid afts, in the
terms thereof, ffiali, neverthelefs be permitted to hold, exercife, and enjoy their ref-
peBive appointments until the firft day of Auguft next.
2. And be it further enabled, That all proceedings which have been obtained be-Andtheir
fore any of the aforefaid officers who have not taken and fubfcribed the aforefaid "dd^ddec,a~
oath in terms of the faid aBs, or that may in future be had and obtained before
them previous to the aforefaid firft day of Auguft, next fliall be held, deemed and
confidered to be as legal as if fuch officer or officers, had taken and fubfcribed the
aforefaid oath, in terms of the faid aBs.
3. And be it further enabled, That any part or parts of the aforefaid aBs, that mili- Repea:mff
tate againft this aB be, and the fame is hereby repealed. cl*use'
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate.
Aflented to November 29, 1800.
JAMES JACKSON, Governor,
PAPER MEDIUM.
An aB for emitting the fum offifty thoufand pounds in bills of credit, and for efabhfi-
ing a fund for the redemption of the fame, and for other purp ofes therein mentioned.
1. THERE AS the fcarcity of gold and filver money render it neceffary to fup-
V V ply the good people of this ftate with a medium of com merce of a ftable Preamble,
and folid nature, for want of which they already fuffer : And whereas there is a large
traBof unlocated land in this ftate, called the New Ceffion, which ought to be pledged
as a fund of credit for relieving the public neceffities and fupplying the treafury at
this time.
, Be it therefore enabled by the reprefentatives of the freemen of the fiate of Georgia in
General Affembly met, and by the, authority of the fame, That bills of credit to the
amount of fifty thoufand pounds ffiali be prepared and printed with all poffible dif- bSemSun®
patch after paffing of this aB, on good paper under the direBon of the governor andSSn'Srthep^
executive council, the charges whereof ffiali be paid by the ftate treafurer out of thecoSfcu!11
monies fo prepared and printed ; which bills of credit ffiali be prepared in manner and
form following, viz.
" This bill ffiali pafs current for according to an aB of General Affembly
of the ftate of Georgia paffed the day of Auguft, in the year of our Lord one *<>«» of tve
thoufand feven hundred and eighty-fix, dated the day of A. D. 1786."
And the faid bills ffiali have the ftate arms as an efcutcheon in the margin thereof, with
fuch other devices as the governor and council ffiali think proper, in order to prevent
counterfeits and to diftinguiffi their feveral and refpeBive denomioations? which
1
PAPER MEDIUM.
380
The severaldc* bill (hall be of the feveral and refpeftive denominations following, and no
other, that is to fay, twenty-five thoufand fix hundred and forty-one bills of twenty
fhfilings each, twenty-five thoufand fix hundred and forty-two bills, of ten (hillings
each, twenty-five thoufand fix hundred and forty-two bills, of five (hillings each, twen-
ty-five thoufand fix hundred and forty-two bills, of two (hilling and lixpence each,
twenty-five thoufand fix hundred and forty-two bills of one (hilling each, and twenty*
pitand proper bve thoufand fix hundred and forty-one of fixpence each. And the governor and
appointed to council (hall ufe their bed care, attention and diligence, and appoint fit and proper
theJressTSho perfons to fuperint'end the prefs during the printing of the (aid bills, that the number
eath u e M and amount thereof according to the faid feveral denominations be not exceeded nor
any clandeftine or fraudulent praftices ufed by the printer, his fervants, or others,
and that each of the perfonsto be appointed as a fore faid to fuperintend the prefs (hall
take and fubferibe the following oath before they enter on the duties direfted by. this
Form of the aft : " I, A. B. do folemnly and fincerely fwear that I will according to the bed of my
°Jth (kill and knowledge faithfully, impartially, and truly difcharge the trull committed to
me according to the direftion of this aft." And for perfecting the faid bills according
to the true intent and meaning of this aft,
Bins, ?iow to be 2. Be it juriher enafted by the authority aforefaid, That the faid bills, the denomi-
v nations whereof (hall be ten (hillings and upwards, (hall be figned by any two of the
perfons to be appointed for that purpofe; and that every of the faid bills, the deno-
ruinations whereof (hall be under ten (hillings, (hall be figned by any one of the per-
fons to be appointed for that purpofe; and that the governor and council do appoint
the faid figners, who (hall, before they receive or fign any of them, take an oath to
oath to beta- the effeft following, \iz. " That they (hall well and truly fign and number alFthe
hgner!the bills of credit that (hall come to their hands for that purpofe, according to the direc-
tions of this aft, and the fame fo figned and numbered, will redeliver, or caufe to be
compensation redelivered, into the public treafury, purfuant to the direftions of this aft." And each
wiwhS-s&0^ t^ie figners (hall have ten (hillings for every thoufand of the faid bills by them
a«ts. figned and numbered, and no more; and the perfons who (hall be appointed to fu-
perintend the prefs-(hall feverally receive fifteen (hillings for every day they (hall be
employed in the (aid bufinefs; and the treafurer (hall counterfign the faid bills, and
(hall receive the fame as the other figners for fuch fervices.
3. And be it further enabled, That, together with the guarantee of the honor and
Sllged for the faith of Georgia, which is hereby given, all that traft of land which was lately ceded
theesKiL?f to this (late, lying between the Alatamaha, and Oakmulgee, and St. Mary's Rivers,
above the old Indian boundary line, fhall be, and hereby is pledged and declared to
be a fund, out of which the bills of credits aforefaid (hall be redeemed and cancelled
within the term of four years* by the fale of the faid lands, as a future General Af-
(embly (hall direft, for the faid bills of credit, or gold or filver, and nothing elfe.
akpitender 4. And be it further enacted, That the bills of credit emitted by this aft be, and
uiajc-seb. hereby declared to be a legal tender in all pad and future bargains, contra6ts, pur-
chafes, agreements, dealings, debts, dues and demands, according to the fum fpeci-
fied in die faid bill, to be taken and received at the rate and value of four (hillings and
eightpence for every dollar, and fo in proportion for a larger or leffer fum, and of
equal value in the payment of luch bargain, contraft, purchafe, agreement, dealing,
debt, due and demand whatever,- with a Spanifh milled dollar, weighing feventeen
pennyweight and fix grains, and thirty-feven (hillings and fourpence of the emiflion
aforefaid, (hall.be taken and received at the rate of or equal value to one gold half
* Time extended by aft of 1789, feft. 3.
PAPER MEDIUM.
johannes of Portugal, weighing nine pennyweight; and in the like proportion for ail
other gold or filver coin.
5. And be it further enacted, That the faid bills of credit {hall be received and ta-
ken by the public treafurer, and all other public officers of this hate, as gold and fil- shaiibereceiv.
ver, in all payments that are now due or owing, or that may hereafter become due or Su'iS-8
owing to the hate, of what nature or kind foever, at the rates aforefaid, any law to
the contrary notwithftanding.
6. And be it further enacted, That from and after the publication of this aB, if any
perfon or perfons fhall within this ftate, or elfewhere prepare, engrave, ftamp, forge, be!^n°f^-
or print the counterfeit refemblance of any paper bills or credit which fhall be iffued, 1^"^^
emitted and made in virtue of this aB, or fhall counterfeit or fign the name or names
of the figners, to be appointed as aforefaid of the faid bills of credit, to fuch counterfeit
bills of credit, with an intention that fuch counterfeit bills of credit fhall be paffed in
payment, or received as genuine and good bills, whether the fame be fo paffed or re-
ceived or not, or if any perfon or perfons in this ftate, pafs, pay, or tender in payment
any fuch counterfeit money, or deliver the fame to any other perfon or perfons, with
an intention that they may be paffed, payed or received as, and for good and genuine,
knowing the fame to be forged or counterfeited, every fuch perfon being thereof legal-
ly conviBed in any fuperior court within this ftate by verdiB of a jury or confeffion
of the party offending, or being endiBed thcreofdhali ftand mute or not direBly an-
fwer to the endiBment, or fhall peremptorily challenge more than the number of twen-
ty perfons legally returned to be of the jury for the trial of fuch offender, fhall be
adjudged a felon and fhall fuffer death without benefit of clergy ; and if any perfon
or peffons fhall counterfeit, any of the faid bills of credit by altering the denomination
thereof, with defign to increafe the value of fuch bills, or fhall alter fuch bills knowing
them to be fo counterfeited or altered as aforefaid, and fhall be thereof legally con-
viBed in any court of record in this ftate, fuch perfon or perfons fhall in like manner
fuffer death without the benefit of the clergy. Provided always, That nothing herein Proviso,
contained fhall extend to work a forfeiture of the eftate or effeBs of fuch off ender.
And whereas, in and by an aB of the General Affembly paffed on the thirteenth day of
February laft, entitled an aB to continue " An aB to authorize the auditor to liqui-
date the demands of fuch perfons as have claims againft the conhfcated eftates and for
other purpofes therein mentioned," It is enabled, That any perfon or perfons what-
foever of the defcription therein contained fhall be at liberty to pay into the treafury a cu to British 4*
ratable proportion of his, or their debt or dues, recovered under the faid law original-
ly belonging to perfons being Britifh fubjeBs, or adherents as therein'mentioned, but i>«uic treasury*
is not faid in what manner the faid payment may be made.
7. Be it therefore enabled, and it is hereby declared!, That the true conftruBion of
the faid in part recited aB, fo far as refpeBs the matter above mentioned, fhall be widactft,on9
that the faid payments fhall be made into the treafury in fpecie. But in order to
give a further credit to the paper medium by this aB clireBed to be ftruck,
8. It is hereby enabled, That the debts, and dues or parts and proportions of debts Money due
and dues coming within the defcription aforefaid, fhall or may alfo be paid into the jAJuu&wui
treafury in the faid paper money to be ftruck under the prefent law, but in nothing
elfe, that is to fay, either in fpecie or in the paper currency now intended to be emit-
ted, Provided fuch payments be made at any time within nine months from and af-
ter the pafling of this aB. Proviso.
Bv order of the Houfe.
WILLIAM GIBBONS. Stealer.
Augufta, Auguft 14, 1786,
3§2
PAPER MEDIUM.
An act to redeem the paper medium of this fate,
preamble. l. THERE AS it is neceffary and expedient, from the injury which has arifen to
V V individuals, and for the reftoration of public credit, that meafures be taken
to redeem and take up the current medium now in circulation in this ftate:
Five thousand. And -whereas, five thoufand pounds of the laid paper medium, appropriated in the
pounds burnt. treafLiry^towarc|s a finking fund, agreeable to a refolution of the 22d inft. has been
burnt under the infpeflion of the committee of finance, the amount and refpeHive
denominations of which to be certified by the treafurer, and entered on the minutes
of the General Affembly :
rive thousand it therefore enabled by the reprefontatives of the freemen of the fate of Georgia in
General Affembly met, and by the authority of the fame, That the further fum of five
thoufand pounds of the tax of the current year, and of four {ucceffive years there-
after, be proportioned in like manner as aforefaid, and annually burnt, under the re-
gulations herein before pointed out.
certain parts of 2- Alnd be it enacted by the authority aforefaid. That from and immediately after the
tobAepeaied. United States, in congrefs affembled, fhall or may pafs any a£t or afils for laying im-
polls, or laying diredt taxes within this Hate, then, in that cafe, fuch part or parts of
the a61entitled " An ad for emitting the fum of fifty thoufand pounds paper me-
dium, and for other purpofes therein mentioned," that relate to receiving impolts on
duties as aforefaid be, and the fame is hereby repealed.
3. And be it enacted by the authority aforefaid, That the time for taking up the faid
current medium of this llate, be extended until the fifteenth day of January,' one
thoufand feven hundred and ninety-four, and fhall continue to be a tender**in all
cafes, except for impoft and direH taxes as aforefaid, any law to the contrary not-
withftanding.
By order of the Houfe.
JQJIN POWELL, Speaker,
Augulta, 3d February, 1789.
* Time for redeeming faid bills, extended to the 15th January, 1794- See a& of 23d Dec. 1789,
An aft for repealing certain parts of afts therein mentioned,
paper medium i.T)E IT ENACTED by the Senate and Houfe of Reprefontatives of the fate of
noioflger a ten- JQ Georgia in General Affembly met, That fo much of " An a£t, palfed the four-
teenth day of Augult, one thoufand feven hundred and eighty-fix, for emitting the
fum of fifty thoufand pounds in bills of credit, and for eftablifhing a fund for the
redemption of the fame, and for other purpofes therein mentioned," as declares, that
the bills of credit emitted by virtue of the faid afit, and therein declared to be a legal ten-
der in all pall and future bargains, contrafls, purchafes, agreements, dealings, debts, dues
and demands, according to the time fpecified in the faid bill, fhall no longer be and
. continue a legal tender in any paft or future bargains, contrafils, purchafes, agree-
tnents, dealings, dues and demands whatever, from and after the fourteenth day of
Auguft next.
PEDLARS,
2. And be it further' enabled, That fo much of an aft paffed the third day of Fe- cia£!ne
bruary, , one thoufand feven hundred and eighty-nine, entitled " An aft to redeem the
paper medium of this ftate," which extended the tender of the faid paper medium un-
til the fifteenth day of January, one thoufand feven hundred and ninety-four, fhall
be, and the faid feveral claufes of both afts are hereby repealed.
SEABORN JONES, Speaker of the Houfe of Reprefentatives*
N. BROWN SON, Prefident oj the Senate,
Concurred, December 23, 1789.
EDWARD TELFAIR, Governor.
PEDLARS.
An act for licenfng and regulating pedlars.
1. "T X7HEREAS great injury hath accrued to the citizens and fair dealers of this preamble;
V V ftate by unlicenfed, itinerant traders, called pedlars, going about from coun-
ty to county, and draining this ftate of its circulating coin, for remedy whereof; -ScPe(1iarsnot(:o
it enacted by the Senate and Houfe of Reprefentatives of the fate of Georgia in cel|SeIith0UC
General AJfembly met, That it fhall not be lawful for any itinerant trader, or pedlar to
fell or otherwife difpofe of any goods, wares, or merchandize, except fuch itinerant
trader, or pedlar, {hall firft produce a licenfe fo to do from the treafurer of this ftate,
who is hereby authorized to iffue a licenfe to any perfon or perfons, who fhall apply
for the fame, to be an itinerant trader or pedlar as aforefaid, on their feverally paying
into thetreafury annually the fum of feven hundred dollars.
2. Be it enacted. That if any perfon or perfons whatfoever fhall, contrary to theSg^hou*1"
true intent and meaning of this aft fell, or difpofe of any goods, wares, or merchan-
dize, fuch perfon, or perfons, fhall for every fuch offence, forfeit and pay to any per-
fon who fhall fue for the fame, the fum of five hundred dollars, or who fhall when
thereunto required by any civil officer, negleft or refufe to produce fuch licenfe as
aforefaid for their infpeftion, fhall for every fuch offence, forfeit and pay in man-
ner and form aforefaid, the fum of feventy dollars.
3. And be it further enacted^ That in every cafe where fuit {hall or may be com-
menced for the recovery of any fine or forfeiture impofed by this act, it fhall be the covered.cre"
duty of the fheriff to hold the party complained of as aforefaid to bail for his _ap-
pearance to the next court to which fuch writ is returnable.
4. And be it further 'macted, That this act fliali not take effect until the firft day of Aa, when to
f t J -J'-- 7 J take effe£t,
June next. ^
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred February 21, 1796.
JARED IRWIN, Governor.
PRIVATE ACTS.
An ordinance for vejling in Chriftiana Yonge, the widow of Henry Yonge, fen. and
his two daughters, Ann Agnefs Yonge and Elizabeth Yonge, certain property therein
mentioned.
Christiana i. % 4THEREAS by a refolve of the legiflature of the ninth of November,
^ y one thoufand feven hundred and feventy-eight, a certain traft of
land on the ifland of Skidaway in the county of Chatham, on which the faid
Chriftiana Yonge and the faid Ann Agnefs, and Elizabeth Yonge then refided, be-
ing the property of Henry Yonge, fen. who had left the ft ate under the teft aft, to-
gcther with the perfonal eftate of the faid Henry Yonge, were gratuitoufly beftowed,
or granted by the faid legiflature to her the faid Chriftiana Yonge, and the faid Ann
Agnefs and Elizabeth-Yonge, under the provifo, " That there be a fufficiency left to
pay his debts."
Beit therefore ordained by the freemen of the fate of Gjorgia in General AJfembly
met, and by the authority of the fame, That the faid donation or grant of the faid trad
of land upon the ifland of Skidaway, together with the perfonal property of the faid
Henry Yonge, fen. now-deceafed, be, and the fame is hereby confirmed unto her
the faid Chriftiana Yonge, and the faid Ann. Agnefs and Elizabeth Yonge, as ten-
ants in common it the full extent and meaning of the faid refolve of the legiflature,
of the ninth of November, one thoufand feven hundred and feventy-eight, but fub-
jeft nevertheless to the provifo in the faid refolve herein before recited.
By order of the Houfe. v
WILLIAM GIBBONS, Speaker.
Augufta, February 13, 1786.
An ordinance to vefl certain property in Mrs. Ann Bard.
Mrs. AnnEarj. TTCTpfEREAS by a former refolution of the Houfe of Affembly certain lots in
V y and near Savannah were confirmed to Peter Bard, efq. deceafed, as having
been given to Mrs. Ann Bard by her father John Joachim Zubly, deceafed. And
whereas doubts have arifen as to the effeft of refolutions of the General Affembly,
Be it ordained by the reprefentatives of the freemen of the fate^ef Georgia in General Af
fembly met, and by the authority of the fame, That three fifty acre lots near Oats's, one
lot and the appurtenances in Yamacraw, and onedotnear the market in Savannah,
formerly in the poffeffion of the laid Peter Bard, deceafed^ be and the fame is hereby
vefted in the faid Mrs. Ann Bard, her heirs and afligns forever, as fully and com-
pletely, as though the faid lots had been conveyed to her in fee Ample, by conveyan-
ces lawfully executed by the faid John Joachim Zubly, deceafed, at the time of his
having given her poffeffion of the fame.
By order of the Hou fe.
WILLIAM GIBBONS, Speaker.
Augufta, 30th January, 1786.
PRIVATE ACTS.
dn act io vef certain powers in George Abbot Hall, and for other purpofes therein
mentioned.
WHEREAS George Abbot Hall, of the ftate of South-Carolina, efq. hath GeorficAllbrt
fet forth to the legiflature of this* ftate, that Alexander Inglis and Nathaniel10,
Hall, two perfons named in the of confiscation and banifhment, alfo John In-
glis and Samuel Hunt Jenkins, two perfons comprehended in the faid a61, and co-
partners of the late houie of Inglis, Jenkins and Gibbons, are indebted to him very con-
fiderably, and praying 'an aft; of this Houfe to enable him to recover from the cred-
itors of the faid co-partnerfhip, certain fums of money, to enable him to recover from
the creditors of the faid co-partnerfhip, certain fums of money, to enable him to pay
the faid debts, which this legislature have thought proper to grajm by their refolution
of the twenty-fixth day of January laft, Be it therefore enaElWrby the reprefentaaves
of the freemen of the fate of Georgia in General Ajfembly met, and by the authority of the
fame, That it (halland may be lawful for the faid George Abbot Hall to receive an
alignment of all or any part of the books, bonds, notes, or papers of the faid Alex-
ander Inglis and Nathaniel Hall, or all, or any part of the books, bonds, notes, or
papers of the co-partnerlhip of Inglis, Jenkins and Gibbons, as he the faid George
Abbot Hall and William Gibbons the remaining co-partner of the faid houfe of In-
gles, Jenkins and Gibbons, (hall agree on, and that the faid George Abbot Hall, fhall,
and he is hereby authorized to recover the debts in as full and ample a manner as the
faid perfons could do, if prefent, and not any way difqualified by law, any a£t to the
contrary notwithftanding.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1785.
An dH for the relief of John Ferrie and other perfons therein deferibed.
t. "^C^THEREAS Nathaniel Afhley late fheriflf and colle&or of taxes for the county john Ferris,
V V of Camden within this ftate, did proceed illegally and unjuftly to make fale
of fix thoufand acres of land, adjoining Buttermilk Bluff on the river St. Mary's ;
alfo a trad called Black Point cn Crooked River, containing feven thoufand and
forty acres, likewife another trafl, adjoining the laft of eighteen hundred and eighty-
eight acres, the property of John Ferrie, which lands were illegally and unjuftly fold,
by the faid Nathaniel Afhley, on the twenty-ninth day of December, one thoufand feven
hundred and eighty-feven, faid to be for payment of public taxes; and notwithftand-
ing the fheriff as well as the other inhabitants of Camden county, had prior to that
time, been obliged to abandon their habitations, and remove to Cumberland Iftand
for refuge from the ravages and depredations of the favages ; for remedy, whereof:
Be it enaBed by the representatives of the freemenof the fate of Georgia in General Af~
fembly met, and by the authority of the fame, That the premifes herein before recited,
are hereby declared to be as amply and fully vefted in the faid John Ferrie, his heirs
executors, adminiftrators and affigns, as if no fuch fale had been made by the faid
3 c
PRIVATE ACTS.
Nathaniel Afhley late flieriff of the county aforefaid, and that all fuch deeds, inftrti-
ments of writing, conveyances or fales as herein before recited, done, or made by the
faid Nathaniel Afhley. to any perfon or perfons whatever are hereby declared null and
void, any aft to the contrary notwithstanding.
2. And beit enabled by the authority aforefaid, That all fuch fale, or fales, as fhall
have been made by the faid Nathaniel Afhley, late flieriff, flnce the inhabitants of the
county aforefaid have been obliged to abandon their habitations within the faid coun-
ty, by means of the late ravages and depredations of the favages, during their latehof-
tilities, are alfo hereby declared null and void, any law to the contrary notwithfland-
i"g.
3. And be it enabled by the authority aforefaid, That nothing herein contained fhall
extend to preclude any perfon or perfons from the eflablilhment and recovery of any
of the premifes before recited, or comprehended in this aft, where claims by any
prior grants legally obtained fhall appear.
By order of the Houfe.
JOHN POWELL, Speaker.
February 3, 17 89.
An abl to authorize and empower George Bailie adminijlrator of the goods and chattels9
rights and credits which where of his father Robert Bailie, deceafed^ to fell and dif-
pofe of any lands or other real eflate of the deceafed,
HaorgeBaii;* 1. T 7T 7PI ERE AS the faid George Bailie adminiflrator and one of thefons of the faid
V V Robert Bailie, deceafed, together with Ann Bailie, Euphemia Bailie, Marge.-
ry Bailie, John Bailie and James H. Bailie, by their petition have prayed the General
Affembly, that as .well for the payment of the debts of the faid deceafed, as for other
good reafons flated in their petition, that the faid adminiflrator may be permitted to
fell any lands of the deceafed, and to perfeft titles of fales made by the deceafed, in
his life time, as alfo for the faid adminiflrator to confirm any contraft he has made
with Alexander M'Queen for divers trafts of land, in poffeflion of the faid Alexan-
der M'Queen or to any other perfon or perfons: Be it therefore enabled by the Senate
and Houfe of Reprefentatives of the Jlate of Georgia in General Affembly met9 That
it fhall and may be lawful for the faid George Bailie adminiflrator of the eflate and
effefts of the deceafed Robert Bailie, to fell any traft or trafts of land, or other
real eflate of the faid Robert Bailie, deceafed, either at public or private fale, and
good and fufficient titles in the law, to make to the purchafer or purchafers thereof,
his, her or their heirs and affigns forever.
2. And be it further enabled by the authority aforefaid, That it fhall and may be
lawful for the aforefaid George Bailie, as adminiflrator aforefaid, by good and Efficient
deeds in the law to perfeft any contraft, bargain or fale of any lands or hereditaments
made by the faid Robert Bailie in his life time, or by the faid George Bailie admin-
iflrator as aforefaid, to the faid Alexander M'Queen, his heirs and affigns, or to
any other perfon or perfons, his, her or their heirs and affigns, according to the na«
tare of the contraft between the parties.
PRIVATE ACTS.
S87
g. And to the end that the creditors, and the heirs and reprefentatives of the faid
Robert Bailie, deceafed,may be fecured in the purchafe money arifmg from the fales
of his land, to be made or ♦already made, and apprized of the tranfaQions of the
faid adminiftrator: Be it enaBed by the authority aforefaid, That before any deeds
to be executed for the conveyance of fuch lands, {hall be effective and good in law,
it fhall be the duty of the faid George Bailie, and he is hereby required to record a
copy of all contra8;s, bonds, agreements or other documents, on which the contract
is founded, in the office of the clerk of the county where he refides, or the land is litu-
ate, and on a certificate thereof being granted to the faid George Bailie, and a copy
thereof annexed to fuch deed of conveyance, then fuch deed fhall be, and is hereby
deemed and declared to be valid in law, and not otherwife.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives,
NATHAN BROWNSON, Prefident of the Senate.
Concurred December 10, 1790.
EDWARD TELFA1R3 Governor.
An aBfor the relief of colonel Peter Purkins.
WHEREAS it hath appeared to the legiflature that colonel Peter Purkins did, on
the firft day of Auguft, one thouland feven hundred and feventy-feven, ad-
vance to John and Thomas Dooly, for the ufe of the troops in the fervice of this
.ftate, the fum of four hundred and forty-four pounds, for which he has not received
fatisfa&ion:
1. Be it therefore enaBed by the Senate and Houfe of Reprefentatives of the fate of
Georgia in General AJfembly met, and by the authority of the fame, That the auditor
be directed to iffue his certificate to the aforefaid colonel Peter Purkins, for the value
of the aforefaid fum of four hundred and forty-four pounds, reducing the fame ac-
cording to the face thereof, agreeably to the fcale of depreciation, and that fuch cer-
tificate fhall exprefs, that it is given for and in lieu of a certificate formerly granted to
him by Wade and O'Bryan, treafurers of this {fate, for the fum of four hundred
and forty-four pounds, on account of fupplies furniffied in the profecution of the
late war, and the defence of the United States, which faid certificate of Wade and
O'Bryan {hall be depofited by the auditor in the office of the treafurer.
2. And be it further enaBed, That the auditor be, and he is hereby direffed to
iffue his certificate in favor of John Thompfon, for the value of two thoufand three
hundred and fifty pounds, in lieu of two certificates iffued by O'Bryan and Wade,
dated the twenty-fifth day of September, one thoufand feven hundred and feventy-
eight, with the intereft as expreffed thereon, one of which was iffued to Francis
Coddington, for two thoufand pounds, and the other to James Hambleton, for three
hundred and fifty pounds, reducing the fame agreeably to the fcale of depreciation;
and that fuch certificate {hall exprefs that it is given for and in lieu of the aforefaid
certificates, which certificates of Wade and O'Bryan as aforefaid, {hall be depofited
by the faid auditor in the office of the treafurer.
• 3. And be it further enaBed, That the auditor be, and he is hereby direbled to iffue
his certificate in favor of th®*heirs of John Walton, for the value of a certificate of
PRIVATE ACTS.
the aforefaid treafurers, dated the fifteenth day of February, one thoufand fevert
hundred and feventy-eight, ifTued in favor of the aforefaid John Walton, for
feven hundred and eighty pounds, five (hillings and threepence, with the intereft
as expreffed thereon, reducing the fame agreeably to the fcale of depreciation, and
that fuch certificate fhall exprefs that it is given for and in lieu of the aforefaid certi-
ficate, which fhall be depofited by the auditor in the office of the treafurer.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefidmt of the Senate.
Concurred December 16, 1794.
GEORGE MATHEWS, Governor,
An act to secure to Reuben Coleman a traft of conffcated land, lying on Little River*
ite«benm»*. 1. T ^FHEREAS the faid Reuben Coleman did, as early as the year one thoufand
* V feven hundred and eighty-five, purchafe of the ccmmilfioners appointed
to difpofe of the confifcated property within this ftate, a certain traH of land lying
on Little River, in the then county of Richmond, fold as the property of James.
Grierfon, containing the quantity of feven hundred and fifty acres, and hath fince
taken up his bond and mortgage, and duly paid for the faid lands; and the fame ha-
ving been fo expreffed by a joint refolution of the legislature at their laft feffion; Be
it therefore enabled by the Senate and Houje of Reprefentatives of ike fate of Georgia
in General Affembly met, and by the authority of the fame, That the faid trad of feven
hundred and fifty acres of land, lying on Little River as aforefaid, butting and boun-
ding in the following manner, viz. foutheaftwardly by Jofhua Sanders' land, Louth-
wardly by William Lee's and Sherral's land, eaftwardly by land formerly the proper-
ty of the faid James Grierfon, lately fold to Jofeph Ray, and northwardly by Lit-
tie River, be, and the fame is hereby vefted in the faid Reuben Coleman, his heirs,
and affigns, forever, in fee fimple: And it is hereby declared to be the duty of the
commifiioners appointed for the difpofal of reverted property, to make and execute
proper titles, and convey the faid land and premifes unto the faid Reuben Coleman,,
kis heirs and. affigns, as aforefaid.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives
BENJAMIN TALIAFERRO, Prefidmi of the Senate.
GEORGE MATHEWS, Governor.
Concurred January 2, 1795.
An aft to relieve the heirs of Francis Maria Loys Dumoufay He la Vave, the heirs »J
Hyacinth De Chapadeiane, and Cttrifopher Roulain Hubignon.
1. THERE AS it hatfi been reprefented to the General Affembly, That Nicholas-
V V Francis Mazon De la Ville Houchet, a Frenchman, late of the county of
Glynn in this ftate, purchafed at tax colie&or's fale the ifland of Jekyl on the fea coaft^
in the county and ftate aforefaid, that he afterwards fold and conveyed the one fourth.
PRIVATE ACTS.
part of the faid ifland to Francis Maria Loys Dumoufay De la Vave, one fourth
part to Hyacinth De Chapadelane, and one other fourth part to Chriftophcr Poutain
Dubignon, in fee limple; referving the remainder to himfelf; that the deeds of con-
veyance for the faid property, were fent in a veffel to France, for the purpofe of ob-
taining a renunciation of dower from the wife of the faid Ville Houchet; that the laid
veffel being chafed by an enemy, the deeds before mentioned, with the other papers
of the Jhip were thrown overboard and entirely loft, and that there is no method pre-
fcribed in the laws of this ftate whereby the faid deeds may be ftabliflied. Be it there-
Jore enabled by the Senate and Houfe of Reprefentatives of the Jiaie of Georgia in General
Affembly met, Thatitfhalland may be lawful for the fuperior court of the faid county of
Glynn, at the fecond term of the faid court, or at any term thereafter, after the pafiing of
this act, to fuminon, hear, and examine all witneffes at the inftance of either oranyof the
parties,touching and concerning thepremi(es,andto take their depofitions in writing,and
to certify the fame under the hand of the judge preliding. Provided, That the party
applicant fhall publilh in the Georgia gazette the intended application to the fuperior
court, under and by virtue of this act, at leaft three months before fuch examination
lhall take place : And provided, all' examinations of witneffes, in relation to the
deeds before recited, (hall be taken in open court, in prefence of the grand jury of
the county, and be alio certified under the hand of the foreman thereof; and if the
teftimony adduced fhall appear to the court and to the grand jury unequivocal
and fatisfaftory, that fuch deeds did exift, and loft in manner herein before recited,
then the judge fhall direfci the clerk, by order under his hand, to record the depo-
fitions, fo taken and certified as aforefaid, in his office ; which depofitions, fo
recorded, fhall and may be given in evidence, in any court of law or equity, and fhall
avail for the benefit of the perfons herein before recited, or their heirs, or afiigns, or
of all perfons claiming under them, as much as the fame can or ought to avail: And
it fhall be lawful for the clerk of faid court to record the copies of the faid deeds, if
they fhould be produced, and proved to be true copies* before the faid court and grand
jury, in manner aforefaid ; Provided, That nothing in this a£l contained fhall be
conftrued to extend to affefcl any right #the ftate may have to any part, or the whole
of the property in the faid deeds, or this law mentioned, or the right of any other per-
fon, or perfons whatfoever.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate,
Concurred February 19, 1796.
JARED IRWIN, Governor.
An aft to authorize the commiffioners of Louifuille to convey to John Cobbs and affgm
fix lots of land within the limits of the Jaid town.
i. T THEREAS it appears by a joint refolution of the General Affembly of thbMncoih.
V V ftate paTed at Louifville on the feventeenth day of February in the year
feventeen. hundred and ninety-fix, that there was a niiftake made in the return of fix
lots, fold by the late commiffioners to colonel John Cobbs, amounting to thirty-
four pounds, which fum was paid by work done on the ftate-houfe, for which WiU
liam Clarke is credited; Be it therefore enabled by the Senate and Houfe of Rtprtje.ua-
390 PRIVATE ACTS-
tives of the fate of Georgia in General AJfembly met, and by the authority of the famet
That the commiffioners of the faid town of Louifville or a majority of them be, and
they are hereby authorized and required to convey, by lawful deed of conveyance, to
the faid John Cobbs or his affigns, fix other lots in the town of Louifville, in lieu of
the fix lots for which he hath paid the fum of thirty-four pounds fterling.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentalives*
DAVID EMANUEL, Prefient of the Senate.
Concurred, February 9, 1796.
JARED IRWIN, Governor.
An aB for the better fecuring to Alexander Cafwell a certain tfaB of land, purchafei
* at the fales of conffcated property.
WHEREAS William Barron, on the fixth day of November, one thoufanj
feven hundred and ninety-three, purchafed of the commiffioners of confif-
cated property, a certain trafit of land, containing one hundred and fifty acres, in
the county of Burke, bounded by Reedy Branch, James Thompfon, Elijah Brown
and John Gilmore's land; which faid tra£t of land was fold as the property of Tha-
mas Beaty: And whereas, the faid William Barron, on the twenty-feventh day Of
January, one thoufand feven hundred and ninety-four, did transfer his right to the
faid traft of land to the faid Alexander Cafwell, and draw an order in favor of the
laid Alexander Cafwell, on the commiffioners of confifcated property, requiring them
to convey the faid tra£t of land to the faid Alexander Cafwell: And whereas, alfo, it
appears that the faid Alexander Cafwell has paid and difcharged the whole of the
purchafe money for the faid land, and received a deed, executed by one of the com«
miffioners, to wit, Hugh Lawfon, in confequence of which the faid deed is not fufi-
ficiently valid, not having been figned by alt or a majority of the commiffioners:
Be it therefore enaBed by the Senate and Houfe of Reprefentatives of the fate of Georgia
in General Affembly met, That the faid deed, figned by the faid Hugh Lawfon, one
of the commiffioners aforefaid, be, and it is hereby declared to all intents and purpo-
fes, as valid in law and equity, as if the fame had been executed by the whole of the
commiffioners of confifcated property.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives*
DAVID EMANUEL, Prefient of the Senate.
A (Tented to February 1, 1798. _
JAMES JACKSON, Governor.
An aB for the relief of Bazil Lamar.
\\/"HEREAS in and by an a&, entitled u An a61 to repeal an af& for keeping
V V open Little River and Broad River, fo far as refpe6ts Jofeph Ray, Bazil
Lamar, and the heirs of Williamfon, upon certain conditions," palled at Louifville,
on the fecond day of February, one thoufand feven hundred and ninety-eight, the
PROTESTANTS, DISSENTING.
39*
laid Bazil Lamar was allowed the term of two years from the date thereof, to ereft
and build a merchant mill acrofs Little River, at the place called Lamar's mill, which
he had in a great degree performed, when unfortunately his works were confumed
by fire, to the great injury of the owner: Be it therefore enacted,, That the further
time of five years from and after the date thereof, be and is hereby allowed the faid
Bazil, toereHand build fuch merchantable mill at the place aforefaid, of the defcrip-
tion mentioned in the aforefaid aft, any thing therein contained to the contrary not-
withftanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate.
Affented to December 6, 1799.
JAMES JACKSON, Governor.
PROTESTANTS, DISSENTING.
An aBfor the eafe of dijfenting proteftants within this province who may be fcrupulous of
taking an oath in refpeB to the manner and form of adminiflering the fame.
1. 7" HERE AS many inconviences may arife in this province through the fcru-.fte#mbi^
V V pies of divers proteftant diffenters, within the fame of good eftates and abili-
ties who refufe to take an oath by laying their hand on the holy evangelift, whereby
the public is deprived of their fervices as jurymen. And whereas, afts of toleration
and indulgence to proteftant diffenters have been found of beneficial "tendency to oth-
er.his majefty's provinces, and may in a particular manner be fo to this infant pro-
vince, in order that fuch diffenting proteflants may be enabled and compellable to ferve
on all juries, and to give evidence in all cafes,'and that the afits of fuch proteftant Asoleinna(Br
fenters may be valid and effectual in refpeB: of the manner and form of taking and
adminiftering oaths. Be it enaBed, That immediately after paffing*of this aft, any false affirma-
r r inn • r i r * j- u r tion punished*
perion or perions who lhall appear m any of the courts of judicature, or before any perjury,
judge, or magiftrate in this province, either as juror, witnefs, party or otherwife, in
any caufeeivil or criminal, and fhall make and diftinBly repeat a folemn and con-
fcientious declaration and affirmation according to the form of his profeffion in any
matter, caufeor thing, wherein an oath is required by law, in the following words: " I,
A.JB. do fwear in the prefenceof Almighty God, as I fhall anfwer at the great and
awful day of judgment that, (as the cafe may be.) So help me God." And fuch folemn
and confcientious declaration and affirmation fhall be deemed, held, adjudged and ta-
ken to be valid and effeBual to all intents conftruflions, and purpofes whatfoever, in the
fame manner as if fuch perfon had taken an oath 011 the holy evangelift of Almighty
God. And that all and every fuch perfon and perfons, as lhall be conviBed of falfe-
ly and corruptly affirming and declaring any matter or thing which (if the fame had
been an oath taken on the holy evangelifts) would by law amount to wilful and cor-
rupt perjury, fhall incur the fame penalties, difabilities, and forfeitures as perfons con-
viBed of wilful perjury do incur by the laws of Great-Britain.
WILLIAM LITTLE, Speaker.
In Council Chamber, December 13) 1756.
Affented to.
J. REYNOLDS,
QUAKERS.
An aB to authorize certain perfons therein mentioned to Jell or oiherwife difpofe of cef-
tain land appertaining to the people called Quakers.
preamble. \X7"HEREAS there was, on the third day of July, which was in the year one
V V thou land feven hundred and feventy, a certain trad of land, containing five
hundred acres, lying and being in the then parifli of St. Paul, now Columbia coun-
ty, granted to Jofeph Maddock and Jonathan Sill, in tiuft for the ufe and benefit of
the people called Quakers, for certain purpofes therein expreffed; and inafmuch ag
it doth appear by the petition of the aforefaid people, that the aforefaid premifes
doth not anfwer the purpofes for which it was intended:
Trustees noml- 1. Be it therefore enaBed by the Senate and Houfe of Reprefentatives of the fate of
mtedfrrQua- Qe0r^a fa Qenerai Ajfembly met, and by authority of the fame, That Daniel Williams,
Camin Thomas, Joel Cloud and John Stubbs, be and they are hereby appointed
truftees in lieu of the aforefaid truftees, who fhall continue in office until the firft
To be eie&ed Monday in May, one thoufand eight hundred and one; at which time the aforefaid
MondayInMay people who are qualified to vote for members of the legiflature, fhall affemble at the
year!'econ town of Wrightlborough, and eleft, at every fubfequent term of two years thereaf-
ter, five fit anddifcreet perfons of their own body as truftees, who fhall continue id
office for the term of two years.
Authorized to 2. And be it further enaBed, That the aforefaid truftees, or their fucceffors in of-
undVAhsir fice, fhall fell or otherwife difpofe of the aforefaid traft of land, in fuch manner and
form as they may deem molt beneficial, for the ufe and benefit of the aforefaid
people.
3. And be it further enaBed, That it fhall and may be lawful for the aforefaid truf-
corpora c their fucceffors in office, to fue and be fued, plead or be impleaded, and per-
form any other legal matter or thing which may become neceffary to be done, in fup*
port of the common intereft of the aforefaid people, in the faid premifes.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativest
DAVID EMANUEL, Prejident of the Senate.
Aflented to December 6, 1799.
JAMES JACKSON, Governor.
QUARANTINE.
An aB to oblige vejfels and perfons coming from places infeBed with epidemical diflem-
pers, to perform quarantine, and to prevent the bringing in and fprending malignant
and contagious diforders in this fate.
gamble. \ \ 7HEREAS it is highly neceffary to preferve the health of the inhabitants of
V V this ftate,that veffels, perfons or merchandize, coming fiorn places infe&ed
with malignant or epidemical diftempers, ffiould perform quarantine, and means adop-
ted to prevent the fpreading of fuch diforders: Be it therefore enaBed by the Senate
and Houfe of Reprefentatives in General Ajfembly met, and by the authority of the
Quarantine, fame, That when any country fit all be infetled with the plague or other malignant
tobcnperV«med. aiftemper, all veffels, boats, perfons and goods, fhall be fubjetl to and be liable to
perform quarantine^ as is in this a£t directed; and during fuch quarantine; no perfoa
QUARANTINE.
893
tit perfotis coming, of goods imported in any fuch fhip, veffel or boat, fhall come
on (hore, or go on board any other fhip, or veffel, or boat, or be landed or put into
any other (hip, or veffel or boat, in any place within this (late, other than fuch place
as (hall be appointed for that purpofe; nor (hall any perfon go on board any fuch
fhip, or veffel, or boat, without licenfe firft had and obtained, in writing, under the
hand of fuch perfon or perfons who fhall be appointed to fee quarantine performed;
and the faid (hips, or veffefs, or boats, and the perfons and goods coming and import-
ed in or going on board the fame during the time of quarantine, and all (hips, veffels,
boats and perfons, receiving any perfon or goods under quarantine, fhall be fubjefcl
to fuch orders, rules and dire&ions, touching quarantine, as fhall be made by the
authority dire&ing the fame.
2. And be it further enaEled by the Authority aforefaid, That if any commander, or
matter, or other perfon taking the charge of any (hip, or veffel, or boat, coming from
any place infebled as aforefaid, (hall go himfelf, or permit or fuffer any feaman or pal- [fcr\o"et?c»
fenger to go on (hore, or on board any (hip, or veffel, or boat whatfoever, during theteU>
quarantine, or until fuch fhip, or veffel, or boat, fhall be difcharged from quarantine,
without fuch licenfe as aforefaid, then, and in all fuch cafes, the perfon offending (hall
forfeit and pay for every fuch offence, the fum of one hundred pounds fterling, to
be recovered by aflion of debt, bill, plaint or information, in any of the courts of
this ftate, and to be for the purpofe of building of a peft-houfe; and the judges of
any of the faid courts are hereby empowered to allow fuch reward to the informer or
informers (if any there fhall be) out of the faid fine, as in their judgment they fhall
fee fit, fo as the fame (hall not exceed a moiety of. the fine levied: And if any per-
fon or perfons whatfoever, who (hall arrive in any port or place within this ftate, in
any (hip, or veffel, or boat, which fhall, by reafon of his coming from any country
or place infe&ed with any contagious diftemper, be obliged to keep quarantine, (hall
quit fuch fhip, or veffel, or boat, by coming on fhore, or going on board any other
(hip, or'veffel, or boat, before or while under quarantine, it (hall and may be lawful
for the perfon or perfons appointed to fee fuch quarantine duly performed, and they
are hereby required to compel fuch perfon or^perfons to return on board of fuch
fhip, or veffel, or boat, and there to remain during the time of quarantine; and fuch
perfon or perfons fo leaving fuch fhip, or veffel, or boat, and being thereof, after the
expiration of his quarantine, convi&ed by one or more credible witnefs orwitneffes,
before any one juftice of the peace, living near the place where the offence (hall be
committed, and three freeholders, fwornto try the truth of the faid charge, fhall for-
feit and pay into the hands of the faid juftice the fum of fifty pounds fterling, one
third thereof fhall be for the informer; and the remainder, after the neceffary ex-
pences are difcharged, fhall be applied as herein before provided; and in default of
fuch payment, it (hall be lawful for the faid juftice to commit fuch offender to one of
the public jails of this ftate, for any time not exceeding twelve months, nor lefs than
ffx months.
3. And he it further entitled by the authority aforefaid, That if any perfon or per-
•Tons whatfoever (hall prefume to go on board and return from fuch (hip, or veffel, tonkefinest
or boat, required to perform quarantine, before or during the time of quarantine,
without a licenfe as aforefaid, every fuch offender (hall be compelled, and in cafe of
refiftance, by force and violence be compelled by the perfon or perfons appointed as
.aforefaid, to return on board fuch (hip, or veffel, or boat, and there to remain during
the time of her quarantine, and (hall afterwards be liable to a fine or imprifonment-,
QUARANTINE.
aslierein before direded, in cafe of perfons quitting a /hip, or veffel, or boat per-
forming quarantine, and to be difpofed of as in that cafe provided; and the matter
of fuch fhip, or veffel, or boat, is hereby obliged to receive and maintain fuch per-
fon on board accordingly.
.^wcnojthc 4. And be it further enacted by the authority aforefaid, That it thall and may be
41 1 lawful for any officer of the cuftoms, or fuch as fhall be appointed to take care that
luch quarantine be duly performed, to feize any boat or tkiff belonging to fuch (hip
or veffel, or which fhall therewith be found, and to detain the fame until the quaran-
tine fhall be performed; and in cafe any officer or other perfon inftruCted as aforefaid
fhall voluntarily fuffer any feaman belonging to fuch fhip, or veffel, or boat, or any
paffenger therein, to quit fuch fhip, or veffel, or boat, while under quarantine, every
fuch offender fhall forfeit and pay the fum of one hundred pounds fterling for every
fuch offence, one third thereof to the informer, and the remaining part thereof to be
applied as herein before directed, to be recovered in any of the courts of this ftate,
with cofts of fuit.
To be relieved 5. -And be it further enacted by the authority aforefaid, 1 hat after the quarantine fhall
Smai«.per" have been duly performed according to the dire&ions of this a£t, and upon proof to be
made by oath of the mafter or other perfon having charge of the faid fhip, or veffel,
or boat, and two of the perfons belonging to the faid fhip, or veffel, or boat,-before
any one of the ju ft ices of the peace of this ftate, that fuch fhip, or veffel, or boat,
and all and every perfon therein have duly performed the quarantine as aforefaid, and
that the fhip, or veffel, or boat, and all the perfons on board, are free from an infec-
tious diftemper; then, in fuch cafe, fuch juftice is hereby required to give a certificate
(gratis) thereof, and thereupon fuch fhip, or veffel, or boat, and all and every perfon
therein, fhall not be liable to any further reftraint, by reafon ©f any matter or thing
contained in this aft.
coods^ brought 6. Provided neverthelefs and be it further enaBed, That the goods imported in fuch
to be aired. ' fhips, or veffels, or boats, fhall, after fuch quarantine performed, beopened'and air-
ed, in fuch place and for fuch time as fhall be directed concerning the fame.
Preventing the 7, And be it further enacted by the authority aforefaid, That whenever the govern-
SSusW or or commander in chieffor the time being fhall find it neceffary to give any orders or
€ases' directions for preventing any contagious diftempers being brought into this ftate, or
from any port of this ftate infeCted therewith, into any uninfected part of this ftate,
by perfons travelling by land or by water, it fhall and may be lawful for the faid go-
vernor or commander in chief, by proclamation for that purpofe to be iffued, to pro-
hibit all and every perfon or perfons coming from fuch infeCted places, to enter into
or come within fuch bounds, limits or lines as fhall be in fuch proclamation defcribed,
for and during fuch time as fhall be therein mentioned, and to appoint boats and fen-
tinels to put the fame in due execution; and the perfons appointed, and every of them,
fhall have the fame power to compel any perfons attempting to pafs through or within
fuch bounds, limits or lines, as is by this aCt given to the perfons to be appointed for
feeing quarantine duly performed, and fhall be liable to the fame penalties for fuffer-
ing perfons wilfully to pafs through or within the fame; and all and every perfon or
perfons wilfully palling through or within the faid bounds, limits or lines, fliall be lia-
bleto the fine or imprifonment herein before direCted in cafe of any perfon's quitting
any fhip, veffel or boat performing quarantine, and to be difpofed of as in that cafe
provided.
P2°-ei,mo11the" ^ farther enaBed by the authority aforefaid, That from and after the paf-
^aifhofship*' ftng of this aCt, the pilot or pilots, belonging to the feveral ports of this ftate, do be-
QUARANTINE,
fore his or their entering on board any {hip or veflel, defigned for this ftate, make
ftribt enquiry of every mafter or commander of the fame, whether the plague, fmall-
pox, malignant fever, or any other contagious diftemper, be in fuch (hips or veffels;
and every fuch mafter or commander is hereby ftrihlly enjoined without equivocation
or referve, to give juft and true anfwers to all fuch enquiries of the faid pilot or pilots,
under the penalties hereafter mentioned and expreffed, and in cafe the faid pilot or
pilots fhall, upon enquiry as aforefaid, find that the plague, fmallpox, malignant fe-
ver, or any other contagious diftemper, be in fuch fhip or veflel, fuch pilot or pi-
lots, are hereby ftriftly forbidden and prohibited from entering therein, on any pre-
tence whatever. And if the mafter or commander of any {hip or veflel, or any doc-
tor, officer or foremaftman belonging thereto, {hall refufe to anfwer or give any un~
true anfwer to any pilot or pilots relating to healthinefs of all perfons on board the faid
{hip or veflel, or {hall refufe to be fworn or affirm to, or anfwer fuch queftions as
may be put to him by the health officer, or other perfon having authority fo to do,
fuch mafter or commander, or fuch doHor, officer or foremaftman, fha!l forfeit and Pena,tyfwr<ts
pay the fum of one hundred pounds fterling, to be recovered and applied as herein
before mentioned.
9. And be it further enabled, That the quarantine of any perfon or veffels, or of
their goods, {hall be of fuch duration, and in fuch places and under fuch regulations as
{hall be devifed and held expedient, fo far as refpedls the arrival of veffels or perfons
in Tybee or Waffaw inlets, and rivers thereof, under the infpeftion of the corpora- sRae^^0dnssilt
tion of Savannah ; and fo far as refpe&s other inlets or rivers in this ftate, under the
infpedlion of the juftices of the county or commiflioners of the town adjacent to fuch
inlet or river, or commiflioners of pilotage of fuch port as the cafe may happen ; and
fuch corporation, juftices or commiflioners are hereby fully authorized to fix fuch fen-
tinels, guard boats and to ufe all and every means in their power to enforce this law
for the purpofes intended.
10. And be it further enacted, That on the notification of fuch corporation juftices The governor
or others herein empowered, after notifying to the people of* the diftrifl they live in, thereby
of the necefiity of ordering quarantine to be performed, forthwith to tranfmit by ex_P*0cilIIUi0 *
prefs, or poft an exaft account and ftatement thereof to the governor and commander
in chief for the time being, who is directed to publifh the fame by proclamation, en-
joining and requiring a due obedience to the rules adopted for the preventing con-
tagious diftempers being fpread in this ftate, and a due obedience of the duties requir-
ed of fuch regulations accordingly.
11. And be it further enabled, That the health-officer for the port of Savannah, and
the vifiting phyficians of any other port, that {hall vifitany veflel or veffels, and grant
a certificate of the health of the crew and paffengers on board, or vifit the fame, if
direfted fo to do, under this law, fhall be entitled to have and receive the following
fees from the captain or owner of fuch veflel, before fuch veflel {hall be permitted to
enter: For every fhip, fnow, brig or belander, two dollars; for every fchooner,
floop, perriager or boat one dollar; coafting veflels coming from one inlet in the
ftate to another inlet in the fame excepted.
12.* And be it further enabled, That from and after the pafling of this a£1, every Mcgroesimpw.
mafter or commander of any {hip or veflel, who fhall arrive in this ftate with any ne- iandeu.wtota
groes on board, exceeding ten in number, from Africa or elfewhere, fhaVl before fhip
©r veflel be permitted, upon any pretence whatever to enter, be obliged to land crncf
* See a£t of 1798, prohibiting the importation of {lav^s*
1
39s
RELIGIOUS SOCIETIES.
put on fhore all fuch negroes, there to remain for and during the term of ten days, and
fhall fuffer them to be and remain on fhore at leaft fix hours, in fummer, and five
» hours in winter in each of the faid ten days, at the parties own eledtion, for the better
purifying and clearing the faid {hip or veffel, and {laves, from any malignant or con-
tagious diftemper, any law, cuftom to the contrary notwithftanding.
if°otherw2ted 13- ^n^ ^e ** further enabled, That in cafe any negroes imported or brought in-
landed or Mid. to this ft ate, {hall be fold, landed or put on fhore in any part of the ft ate, before
fuch negroes {hall have been landed, and remained on fhore at leaft ten days or five
days or fix hours or five hours in thofe days agreeable to the direftion of this a61, all
Sfefinformer negroe5 {hall, and they are hereby declared to be forfeited, one third to the infor-
suteefttothc mer or informers, and the remaining two thirds to the ufe of the peft-houfe.
Expence"?under 14. And it is hereby enabled, And an appropriation made of all monies that fhall be
th«a«,how expenc[e{;i by any of the powers or conftituted authorities, that {hall arifefrom enfor-
cing this ad, and the farn^ fhall be defrayed by the government of this ft ate; and
charged to the contingent fund thereof; all former laws refpefting performing quar-
Repealing antine, and to prevent the fpreading contagious diftempers, fo far as relates thereto
sUuiC' are hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives♦
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 17, 1793.
GEORGE MATHEWS, Governor.
RELIGIOUS SOCIETIES.
Anablto protebl religious focieties in the exercife of their religious duties*
Persons disturb- -t • T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of Gecr*
Kmbi'^during -13 giain General Affembly met, and by the authority of the fame, That if any perfon;
suhjstt'toTnne or perfons whomfoever, fhall interrupt or difturb any congregation of white perfons
«rbe co^mR-'affembled at any church, chapel or meeting-houfe, or any other place for public wor-
uatojaiUen during the time of divine fervice, it fhall be the duty of any juftice of the peace*
{fieriff, conftable, or any civil officer of the county, being prefent, where the offence
fliall be committed, to take the perfon or perfons fo offending into cuftody; or on
complaint made by any perfon on oath, to iffue a warrant againft him or them fo of-
fending; and the faid juftice is hereby empowered to impofe a fine on fuch offender
not exceeding five pounds, or on default of payment of the fame, to commit him or
them to the common jail of the county, or to the neareft jail thereto, for a fpaceof
time not exceeding ten days; and if fuch offender be aflave, to order him or her to
bepunifhed by whipping on the bare back, not exceeding thirty-nine lafhes.
Tines for the 2. And be it further enabled, That it {hall be the duty of the Ihcriff and other of-
met the poor. £€erSj who may colledt the fines and forfeitures impofed by this aft, to make a return
of the amount fo collected to the clerk of the inferior court, and to pay the fame in-
to the hands of the overfeers of the poor, for the fole purpofe of fupporting the
poor of *he county wherein fuch offence fhall have been committed^ And no coa-
REPRESENTATIVES. 397
gregation or company of negroes Ihall, under pretence of divine worffiip, afTembleNogfoesnott*
ttiemfelves contrary to the aft for regulating patrols.
WILLIAM GIBBONS, Speaker of the Houfe. of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, December 13, 1792.
. EDWARD TELFAIR, Governor,
REPRESENTATIVES.
An aB for apportioning reprefentatives among the feveral counties in this fate, accord*
ing to the firf enumeration.
WHEREAS the feventh feBion of the firft article of the conflitution direBs, preamble
44 That the Houfe of Reprefentatives fhall be compofed of
members, from all the counties, according to their refpeBive numbers of free white
perfons, and including three fifths of all the people of color," the aBual enumera-
tion to be made within two years from the date of the faid conflitution; and each
enumeration having been made agreeably to the twenty-fifth feBion of the faid article,
and reported to the legiflature, in order therefore to apportion the reprefentatives of
each county refpeBively to the faid enumeration or cenfus, Be it enaBed by the Senate
and Houfe of Reprefentatives of the General Affembly of the Jlate of Georgia, That
in future the reprefentation of the refpeBive counties fhall be appointed in the fol-
lowing manner, to wit: Camden, one, Glynn, one, M'Intofh, one, Liberty, two, appSS0*
Bryan, one, Chatham, three, Effingham one, Scriven, one, Burke, three, Bullock,
one, Montgomery, one, Jefferfon, two, Lincoln, two, Elbert, three, Jackfon, two,
Richmond, two, Wilkes, three, Columbia, three, Warren, two, Wafhington, three,
Hancock, three, Greene, two, Oglethorpe, three, and Franklin, two.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives*
ROBERT WALTON, Prefident of the Senate.
Affented to February 15, 1799.
JAMES JACKSON, Governor.
REVIVAL OF LAWS.
An aB to continue the feveral laws therein mentioned, and for vefling feveral ferries in
the perfons mentioned in an aB entitled 44 An aB for efabhjhing feveral ferries in
this province in the perfons therein mentioned,"
WHEREAS feveral wholefome laws of this province are expiring, and it is expe-
dient that they fhould be further continued. . Be it enaBed, That an aB pai- An
fed the twenty-ninth day of February, one thoufand feven hundred and fixty-four,
for the puniffiment of vagabonds and other idle and diforderly perfons and for ereB-£yf7^f:U4"
39®
REVIVAL OF LAWS.
ing prifons or places of fecurity, in the fcvcral parifhes of this province, and for pre-
venting trefpalfcs on lands of the crown, or lands referved for the Indians, and for
the more effeftual fupprefting and punifhing perfons battering with the Indians in
the woods, which was to continue and be in force for the term of two years, and fur-
And.anaato ther continued by an aft paffed the twenty-fixth day of March, one thoufand feven
inhVurechtliehundred and Gxty-feven, and again continued by an aft pallid the tenth day of May,
*707. one thoufand feven hundred and feventy, and to the end of the next feliion of the
General Affembly. And alfo an aft paffed the twenty-ninth day of February, one
An aft to sup- thoufand feven hundred and fixtv-four, to fupprefs lotteries, and prevent other ex-
ceflive and deceitful gaming, which was to continue and be in force for the fpace of
fc .uaty 1 j64. jpeven yearSj anj to t}ie en(j next feffion of the General Affembly. And alfo an
SSJuaS' additional aft paffed the twenty-fifth day of March, one thoufand feven hundred and
zfth March fixty-five, to an aft entitled " An aft to fupprefs lotteries, and prevent other exceffive
and deceitful gaming, which was to continue and be in force for the fpace of fix
years, and to the end of the next feffion of the General Affembly.
fJfiuhS-Af* And alfo an aft paifed the feventh day of April, one thoufand feven hundred and
venttiufwirfg" fixty-three, to prevent perfons throwing ballaft or rubbiih, or falling trees into the rivers
to!iveKt&c!n*and navigable creeks within this province, and for keeping clear the channels of the
fame, which was to continue and be in force for the fpace of-feven years, and to the
And an aft to a- end of the* next feffion of the General Affembly, and alfo an aft to amend the faid
mend the same. ag. pa{Ted the twenty-fifth day of March, one thoufand feven hundred and fixty-five,
and to the end of the next feffion of the General Affembly.
Also an aft pas- And alfo an aft paffed the twenty-fifth day of March, one thoufand feven hundred
%^enifbue° and fixty-five, to prevent frauds and abufes in the admeafuring and laying out his ma-
[£|y|"so"tes jefty's lands in this province, which was to continue and be in force for the fpace of three
c"ntinue?he° }T5ars? and again continued by an aft paffed the eleventh day of April, one thoufand
Furthercontin? Ifven hundred and fixty-etght; and further continued by an aft paffed the tenth of
^ May, one thoufand feven hundred and feventy, and to the end of the next feffion of
the General Affembly.
Aiso^anaftof And alfo an aft paffed the twenty-fifth day of March, one thoufand feven hundred
aiecndlan6atttt°oand fixty-five, to amend an aft entitled " An aft to prevent private perfons from pur-
|urchaln|ilnd c^a^in§ lands from the Indians and for preventing perfons trading with them, without
of the Indians. licenfe9 which was to continue and be in force for three years and from thence to the
Sn?fmhoif end the then next feffion of the General Affembly and no longer, and further con-
Fmthe?enac- tinued the eleventh day of April, one thoufand feven hundred and fixty-eight, and
teJ* again continued by an aft paffed the tenth day of May, one thoufand feven hundred
and feventy, and to the end of the next feffion of the General Affembly.
a^° an Pa^ed ^lxdl day March, one thoufand feven hundred and
punishingsea"r fixty-fix, for puniffiing feamen and mariners neglefting or deferting their duty on
board their refpefiiye ffiips or veffels, and for preventing feamen or mariners from
being- harbored or running in debt, which was to continue and be in force for and
act of 10 th of during the term of three years, and further continued by an aft paffed the tenth day
way 1779. ^[ay? one thoufand feven hundred and feventy, and to the end of the next feffion
of the General Affembly.
£di7tnhofFcb"- And alfo an aft paffed the twenty-feventh day of February, one thoufand feven
compel'tree
hundred and feventy, for the better fecurity of the inhabitants, by obliging the male
to earry arms white perfons to carry fire-arms to all places of public worffiip, which was to conti-
topuwicwor- nu£ an(j ke -n force for ancj durjng tkg term three years, and to the end of the ne^t
ffeffioh of the General Affembly,
REVIVAL OF LAWS.
399
And alfo an aftpaSed the fixth day of March, one thoufand feven hundred and Amiaiso ansa
fixty-fix, to prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine of March » 76S
and firewood, which was to continue and be in force for and during the term off™31v&c in
three years, and further continued by an aft paffed the tenth day of May, one thou- JScE?*?'
fand feven hundred and feventy, and to the end of the next feflion of the General *anofniocthS
. • J 1 May J 770.
Aflembly.
And alfo an aft paffed the feventh day of April, one thoufand feven^ndred and A]soanaapa&
fixty-three, for regulating a workhoufe for the cuftody and punifhment of negroes AprioSnS
and further continued by an aft, entitled " An aft to amend and continue an aft for [fou"e,tc&cworte
regulating a workhoufe for the cuftody and punifhment of negroes, paffed the twen-
ty-fixth day of March, one thoufand feven hundred and fixty-feven, for three years, same, passed
and to the end of the next feflion of the General Aflembly.
And alfo an aft paffed the eighteenth day of November, one thoufand feven hun- A!soanadpa3!.
dred and fixty-five, for the eftablifhing and regulating patrols, and for preventing
any perfon from purchaftng provifions or any other commodities from, or felling lr®isf&clepa"
fuch to any flave, unlefs fuch flave fhall produce a ticket from his or her x owner,
manager or employer, which was to continue and be in force for and during the term
of three years, and further continued the twenty-fourth day of December, one thou- Continueflby
fand feven hundred and fixty-eight, and again continued by an aft paffed the tenth ^of^sand
day of May, one thoufand.feven hundred and feventy, and to the end of the next
feflion of the General Aflembly.
And alfo an aft paffed the twenty-fourth day of December, one thoufand feven Andanaat0
hundred and fixty-eight, to amend and continue an aft for the eftablifhing and regu- Sthe^SSS*
lating patrols, and for preventing any perfon from purchaftng provifions or any other
commodities from, or felling fuch to any flave, unlefs fuch flave fhall produce a ticket
from his or her owner, manager or employer, which was to continue and be in force
for and during the term of one year, and further continued by an aft paffed the tenth contmuedby
day of May, one thoufand feven hundred and feventy, and to the end of the nextaftof ,77°*
feflion of the General Aflembly.
And alfo an aft to direft executors and adminiftrators in the manner and method Aisoanaato
n - direct execu-
of returning inventories and accounts of their teftators' and inteftates' eftates, and l°^turcn40vfn-
for allowing them and all other perfons who fhall or may be intrufted with the care sedtheSihof
and management of minors and other eftates, to charge commiflions thereon paffed February'764,
the twenty-ninth day of February one thoufand feven hundred and lixty-four for
feven years, and to the end of the next feflion of the General Aflembly.
And alfo an aft paffed the twenty-fourth of December one thoufand feven hundred Andaftt0 pre_
and fixty-eight to prevent fraudulent mortgages and conveyances, and-for making
valid all deeds and conveyances heretofore made with refpeft to any defeft in the Ker
form and manner of making thereof, with certain reftriftions, which was to conti-
nue and be in force for and during the term of three years; fhall feverally andrefpec- sbaHbecont,n.
tively continue and be in force for and during the term of one year from therpafling ^L0thJaIIq
of this aft and from thence to the end of the next feflion of the General Aflembly, uftllisaa;*
and no longer.*
2. And whereas by a certain aft paffed the eleventh day of April one thoufand
feven hundred and fixty-eight entitled "An aft for eftablifhing leveral ferries in
this province, and for vefting the fame in the perfons therein named, the faid feve-sons-
ral ferries are vefted in the feveral perfons in the faid aft named, for the term of five
vears only, and whereas the property in the'faid feveral ferriers in fuch ferries did
determine on the eleventh day of April laft : Be it therefore enabled by the authority
400 REVIVAL OF LAWS.
/
Continued one a/orefaid, That the feveral ferries in the faid aft mentioned fhall be refpeftively ve fted
reittunsec. ^ p€veraj perfons in the faid aft named, for the fpace of one year from the paf-
fing of this a£h
By order of the Commons Houfe of Aflembly.
WILLIAM YOUNG, Speaker.
By order of the Upper Houfe of Aflembly.
• JAMES HABERSHAM, Preftdent.
Council Chamber, September 29, 1773.
Affentedto. JAMES WRIGHT.
.* In this a6t were contained many afts which are not now in force, being obfolete or repealed, all of
which are omitted as unneceflary.
An aB to extend and enforce the authority of the feveral laws heretofore poffed in the.
then province but now fate of Georgia, to, and throughout the territory thereof
preamble. "\/\/TlEREAS it has been deemed necefiary by the reprefentatives of the peov
V V pie of the thirteen United Colonies of North America, in general congrefs
aflembled to declare the faid Colonies free and independent ftates, and thereby have
diflolved all political connexion between them and the crown of Great-Britain. And
-whereas jthath been recommended by the faid congrefs to adopt fuch government, as
might, in the opinion of the reprefentatives of the people of the faid ftates, beft con-
duce to the fafety of their conftituents in particular, and America in general. And
■whereas in confequence thereof, the reprefentatives of the people of this ftate in cqn?
vention aflembled on the fifth day of February in the year of our Lord, one thoufand
feven hundred and feyenty-feven, have fixed on and agreed to a conftitution, for the
rule and government of the faid ftate and people thereof. And whereas divers good
and wholefome laws, were heretofore made and pa (fed in this ftate (then province) and
to the end that difputes and difficulties may not arife touching the prefent validity of
the faid laws, fo made and pafled as afor,efaid, within the faid territory of Georgia,
jBeit enacted by the reprefentatives of the freemen of this fate in General Ajfembly met,
Provincial laws, and by the authority of the fame, That from and after thepafling of this aft, all laws
England, hereto- heretofore made in, (the then province) now ftate of Georgia, and have not been re?-
not'repugnant pealed, and all the laws of England, as well ftatute as common, relative to criminal
t|nJ£formu matters, and heretofore ufed and adopted in the courts of law in this ftate (then pro-
vhice of Georgia) except in cafes of treafon, fhall be of full force, virtue, and effeft,
force. to au intents and purpofes, as were heretofore ufed, and received, as the law of this
land ; any law, ufage, cuftom, article, matter, or thing at prefent adopted in,a change
of govetnment, to the contrary in any wife notwithstanding, fo far as the fame do not
contradift, weaken, hurt, or interfere with the refolves and regulations of the honora-
ble the continental congrefs, or of any refolves and regulations of this, or any former
aflembly, congrefs, or convention held in and for this ftate, and in particular the con-
ftitution or the fame, made and agreed to by the reprefentatives of the people in con?
vention aflembled, and ordered to be the rule and government of this ftate, and the
fame ftiall extend to, and be in as full force, power, effect, and in as full and ample 3
manner as the fame were formerly of force in this ftate (then province) as if the faid
territory were an independent ftate, at the time of making and pafting fuch lawsf
REVIVAL OF LAWS.
401
5. And he it enaBed^ That this aft fhall be a general aft, and fhall be taken
notice of as fuch,by all judges and other officers of juftice, or government within this
ftate, without the fame being Serially pleaded.
3. And be it further enaBed, That this aft fhall be and continue, and be in force ContfmIatfeSk
until the firft day. of January, in the year of our Lord, one thoufand feven hundred
and feventy-eight, and from thence to the end of the next feffion of aflembly.
By order of the Houfe of Aflembly.
W. JONES, Speaker.
Savannah, June 7, 1777.
An atf, to revive and continue the Jeter al aBs therein referred to.
4. THERE AS feveral ufeful and neceflary laws of this ftate (then province) Prca(W^
\ V are expired, and divers other good and wholefome laws will expire with
this prefent feffion, and to the end that difputes and difficulties may not arife, touch-
ing the prefent validity of the faid laws fo made and pafled as aforefaid, within the
faid territory of Georgia: Be it enacted by the reprefentatives of the freemen of this
fate in General Affembly met, and by the authority of the fame, That from and Provincial and
after the paffing of this aft, all laws heretofore made in the then province, now ftate hSforTin
of Georgia, and have not been repealed: and all the laws of England, as wellnanttothecon-
ftatute as common, and heretofore ufed and adopted in the courts of law of the then clared in full
province, now ftate of Georgia, and which were ufed and of force at the time of the
revolution, except part of an aft entitled " An aft to regulate and extend the trade
and commerce of this ftate, and to eftabliffi an infurance office, for the encourage- Exccrtia*
ment thereof, and alfo to reftrain the felling of merchandize by public auftion with-
in the fame," fo far as the fame refpefts the fale of merchandizes by public auftion,
{hall be of full force, virtue and efteft, to all intents and purpofes as were here-
tofore had, ufed and revived, as the law of this land, any law, ufage, cuftom,
article, matter or thing, at prefent adopted in a change of government, to the con-
trary in any wife notwithftanding., fo far as the fame do not contradift, weaken,
hurt or interfere with the refolves and regulations of the honorable the continental
congrefs, or of any refolve, or regulation of this or any former aflembly, congrefs
or convention, held in and for this ftate; and in particular the conftitution of the
fame, made and agreed to by the reprefentatives of the people in convention affem-
bled, and ordered to be the rule and government of this ftate, and the fame ffiall
extend to, and be in as full force, power and efteft, and in as full and ample a
manner as the fame were formerly of force in this ftate, (then province) as if the
faid territory were an independent ftate at the time of making, and paffing fuch laws,
2. And be it enaBed, That this aft ffiall be a general aft, and ffiall be taken notice
thereof as fuch by all judges, and other officers of juftice or government within thisPubllCami
ftate, without the fame being lpecially pleaded.
3. And be it further enaBed, That this aft ffiall be and continue, and be in full
force until the firft Tuefday in January, in the year of our Lord? one thoufand fev_£°ntrmJ,a®
3 £
402 REVIVAL OF LAWS-
S
en hundred and feventy-nine, aad from thence to the end of the next feflion of A(-
fembly.
By order of the Houfe.
W. JONES, Speaker.'
November 15, 1778.
preamble.
Provincial and
state laws con-
tinued and de-
clared to be ia
full force.
An aB to continue the feveral aBs heretofore made in the then province of Georgia, and
alfo all aBs made and pajfed by the feveral conventions, congrejfes and Houfes of
Ajfembly of the fate of Georgia.
1. "f 71 7HEREAS feveral laws are already expired, and others near expiring:
V V Be it enaBed by the reprefentatives of the freemen of the fate of Georgia in
General Ajfembly met, and it is hereby enaBed by the authority of the fame> That the
feveral laws heretofore made in the then province of Georgia, and alfo all laws made
and-paired by the feveral conventions, congreffes and Houfes of Aflembly of the
ftate of Georgia (and not repealed by this or any former Houfe) except thofe which
are repugnant to the conftitution of the laid ftate, fliall be in full force and effeft, as
if the fame had not expired, any law, ufage or cuftom to the contrary in any wife
notwithftanding.
esntimiation. 2. And be it enaBed by the authority aforefaid^ That this a61 fhall be and continue
in force for the term of one whole year, and from thence to the end of the next fe£-v
Jon of the General Affembly, and no longer.
Signed by order of the Houfe.
JOHN JONES, Speaker.
Auguft 21, 1781.
Atteft,
ABRAHAM JONES, Clerk.
An aB to continue the feverat laws of this Jlate, near expiring, and for other purp ofes
therein mentioned.
two*bi*. 1. TT THEREAS feveral neceflary laws of this ftate pafled before the revolution*
VV are near expiring, and it is expedient for the welfare thereof that they fhould
be further continued: Be it therefore enaBed by the reprefentatives of the free-
men of this fate in General Ajfembly met, and it is hereby enaBed by the authority
An aft passed °f the fame, That an aft pafled the feventh day of April, one thoufand feven hun-
Aprils!to. dred and flxty-three, to prevent perfons throwing ballaft or rubbiih, or falling trees
MMtKEig into the rivers and navigable creeks within this ftate, then province, and for keeping,
to'rivers, &s. " clear the channels of the fame j and alfo an aft to amend the faid aft, pafled the twen-
amendthe^° ty-fifth day of March, one thoufand feven hundred and fixty-five.
XThMaS? Alfo an aft pafled the fixth day of March, one thoufand feven hundred and fixty-
ffiuiaayw- fix, for punilhing feamen and mariners, neglecting or deferting their duty on board
Mich.fss,to their respective ihips or veflels, and for preventing feamen or mariners from being;
^unicli SC31&GH* j 1 -1 • 1 t
fcc. harbored or running in debt.
" REVIVAL OF LAWS. 403
And alfo an aft to prevent frauds and deceits in felling beef, pork, pitch, tar, tur-And an
pentine and firewood, pafled the fixth day of March, one thoufand feven hundred
and fixty-fix; alfo an a6f for amending an aft, entitled 66 An aft to prevent frauds •eiijn^ecf,
and deceits in felling beef, pork, pitch, tar, turpentine and firewood, pafled the
twenty-fourth day*of December, one thoufand feven hundred and fixty-eight. pS^thn!'
And alfo an aft pa (fed the feventh day of April, one thoufand feven hundred and knd^a^i*.
fixty-three, for regulating a workhoufe for the cufiody and punifhment of negroes,
and further continued by an aft entitled " An aft to amend and continue an aft for
regulating a workhoufe for the cuflody and punifhment of negroes," paffed the amendand con*
twenty-fixth day of March, one thoufand feven hundred and fixty-feven. unur the «une.
And alfo an aft pafled the eighteenth day of November, one thoufand feven bun-Andean aa
dred and fixty-five, for the eflablifhing and regulating patrols, and for preventing any t^Sip5*
perfon from purchafing provifions or any other commodities from or felling fuch totrols>&c-
any flave, unlefs fuch flave fhall produce a ticket from his or her owner, manager, or
employer.
And alfo an aft to regulate the wharfs and (hipping in the feveral ports of this
Hate, then province, and afcertaining the rates of wharfage, of (hipping and (forage, ^p§,ga"&6.
and alfo the duty of an harbor mafter for the port of Savannah, and to authorize
the faid harbor matter to put in force an aft entitled 61 An aft to amend an aft to pre-
vent perfons throwing ballad or rubbifh, or falling trees into the rivers and navigable
creeks within this date, (then province,) and for keeping clear the channels of the fame."
Alfo an aft to prevent dealing of horfes and neat cattle, and unlawfully branding, *soanaa«»
marking, killing or driving the fame, pafled the twenty-ninth day of September, one
thoufand feven hundred and feventy-three, (hall feverally and refpeftively be, and
they are hereby continued in full force until repealed by this or fome future General foS^turS11
Afiembly. p£aled
2. And whereas at the time of the invafion of this date by the Britifh troops in the Public records,
year one thoufand feven hundred and feventy-eight, the public records were fent SStcfOT seal-
away to prevent their falling into the hands of the enemy, and have not yet been re-
turned into this date, from which caufe the feveral laws heretofore pafled and which
may be now expiring, cannot with precifion be known, and if no remedy be applied
there is reafon to believe great injury may accrue to the citizens of this (late, for the
prevention thereof: Be it further enabled by the authority aforefaid, That all laws A11Uws »assei
pafled before the twenty-ninth day of December one thoufand feven hundred and ?£thr Decoder
feventy-eight, which are or may be near expiring, and that are not repugnant to the arc near expi-
conditution of this date, or in their nature temporary, be and they are hereby declar- pufnaiit to the
ed to be in full force, and that they fhall continue in force until repealed by this 0)" declared to be
r _ ' . 7 J *■ J in full force till
Jome future legiflature. repealed
3. And be it farther enabled by the authority aforefaid, That nothing contained in p™11,a^cfv°;f
any aft or afts heretofore in force, fhall extend to enable his honor the governor, to obMi?te.S0f'
lay an embargo on indian corn, or any other fpecies of grain or flour, except when a
general embargo fhall be found neceffary to be laid thereon, and that in cafes only of
particular emergency, and for as fhort a period as fuch emergency will poflibly ad-
mit of. And that in any cafe when an embargo fhall be laid by his honor the govern-
or and the executive council, the legiflature fhall be convened as foon thereafter as
may be done agreeable to law, in order that their fenfe may be taken on the expedi-
ency and propriety of continuing the fame.
By order of the Houfe.
Augufta, July 30, 1783. WILLIAM GIBBONS, S^tdkr.
REVIVAL OF LAWS.
An aB for reviving and enforcing certain laws therein mentioned.
l. T T^THEREAS, during the late convulsions in this ftate, feveral falutary law&
V V were loft and deftroyed, that had from time to time been enacted by the
General Aflembly of the fame; and among others, an aft reviving and putting in
force fuch and fo much of the laws of the province of Georgia as were adjudged ne-
ceflary to be in force in this ftate : And whereas, the faid laws are for the moft part
fuited to the circumftances of the people: And whereas, it is abfolutely neceflary for
the well governing every ftate, that laws properly adapted to the circumftances of the
inhabitants be at all times in force: Therefore be it enaBed by the reprefentatives of the
freemen of the Jlate of Georgia in General Affembly mety and by the authority of the
•pUtheSi%°rceJ~amei That all and lingular the feveral afts, claufes, and parts of afls, that were in
Sr?ry6tonthe I°rce aRd binding on the inhabitants of the faid province on the fourteenth day of May,.
fawSfp"? >'ear our Lord one thoufand feven hundred and feventy-fix, fo far as they
Sinfuiffarce0 are not contrary to the conftitution, laws, and form of government now eftablilhed
in this ftate, lhall be, and are hereby declared to be in full force, virtue and effefl, and
binding on the inhabitants of this ftate, immediately from and after the pafling of this
aft, as fully and effe&ually, to all intents and purpofes, as if the faid afls, ami each of
them, had been made and enacted by this General Aflembly, until the fame lhall be
ab*the com- repealed, amended, or otherwife altered by the legiflature. And alfo the common
laws of England law of England, and fuch of the ftatute laws as were ufuallv in. force in the faid pro-
ander the same 1 r t
Bxceptions. vince, except as before excepted.
ah fines, &c. 2. And be it further enaBed by the authority aforefaid) That all fines, penalties and
vn?tobe°pSd ^or^e^ures infli&ed or made payable by any of the aforementioned afrs to the king of
Wthetreasu-Great-Britain, are hereby directed to be paid into the public treafury of this ftate,
Public officers f°r u^e fanie- And that all authorities given and enjoined by any of the
thIeSame^ow- a^s to any Pu^^c officer, are hereby given and enjoined to fuch public officers,
aPP°inted under the conftitution or form of government eftablilhed in this ftate, and
?S?a^d'aSreeaWe to the fame-
^w,■ By order of the Houfe.
JAMES HABERSHAM, Speaker.
Savannah, February 25, 1784.
ROADS AND BRIDGES.
An 4iB to efablifh a road from Louifville to Savannah, one from Louifville to Wafhing-
ton in Wilkes county, and another from the Chickefaw ford on Brier Creek to Colum-
hia court-houfe.
1. \ \ THEREAS a road is now opened from within three miles of Louifville, to
VV within fifteen miles of Savannah, that is to fay, beginning at Lambert's
big creek in the county of Jefferfon, to M'Cullers' mill-fpring on Buckhead to Ifaac
Brinfon's, thence to A fa Tanners, from thence into the Augufta road above capt.
John Spencer's. And whereas bridges are now erefted over Lambert's big creek, big
Buckhead, little Buckhead, and little Ogechee, at a great expenoe, but defrayed by the
generous fubfeription of individuals; Be it therefore enaBed by the Senate and Houfe
ROADS AND BRIDGES.
405
ofReprefentative^of the Jlale of Georgia in General Ajftmbly met, That the faid road Joadfrom^
be eftabliffied as a public one, and that John Clements, John Powell, and Hugh
Alexander, for the county of Jefferfon ; Bryant M'Cullers, Ifaac Brinfon, and Batt api>ointcd-
Jones, for the county of Burke; Richard Cooper, Gabriel Parke, and A fa Tanner,
for the county of Scriven ; and Earneft Zitteror, Samuel Ryall, and Chriftopher Bai-
ly for the county of Effingham, be commiffioners in the counties to which they ref-
peftively belong, to open and work on fuch parts of the faid road from Louifville to
Savannah as are not already opened, and to keep in repair the remainder.
2. And be it further enabled, That the faid commiffioners ffiall have full power to inhabitants
call out the inhabitants liable to work on the fame agreeably to the exifting road aft Jlet*obcca,fe<l
now in force.
3. And be it further enabled. That one other road be opened and laid out from Roadtobco_
Louifville, to the town of Wafhington (Wilkes county) acrofs Little River at Wil-£c0uc4a?emto
liamfon's mill; and that William Black, Zachariah Gray, and James Roger's be ap
commissioner*
pointed commiffioners for the county of Jefferfon ; Ifaiah Tucker, Solomon New-nominated-
fom, and Vinfon A. Tharpe, commiffioners for the county of Warren; and Robert
Mathews, Thomas Porter, and Richard Worffiam, be appointed commiffioners for
the county of Wilkes ; whofe duty it ffiall be to view, lay out, open and keep in re-
pair the aforefaid road, and ffiall have the fame powers given by law to commiffion-
ers or furveyors of roads in this ftate.
4. Be it further enafted, That a public road be eftabliffied from the Chickefaw The road front
ford on Brier Creek to Columbia court-houfe, and that James Culbreath, John Hobbs ford on Brier
and Thomas Waggoner, be appointed commiffioners on the part of the county of lum^you^
Richmond and Burke, and that John M'Donald, David Harris and Han-wMwd.
cock, be appointed commiffioners on the part of the county of Columbia. And in
cafe of death, refignation or removal from office of either of the aforefaid commiffion-
ers, the inferior court of the county in which fuch vacancy may happen, ffiall fill up
the vacancy at the next fucceeding court, any law to the contrary notwithllanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentaiives.
DAVID EMANUEL, President of the Senate.
Concurred, February 11, 1797.
JARED IRWIN, Governor.
An aHto empower the inferior courts of the feveral counties in this Jlate, to order the
laying out of public roads, and to order the building and keeping in repair of public
bridges.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate of
-13 Georgia in General AJfembly met, and by the authority of the fame it is hereby Au roadsaow
enacted, That all the roads in the feveral counties of this ftate, that have been laid OUt rcdjmblic
by virtue of any aft of the General Afiembly, or by virtue of any order of court,rQa s'
are hereby declared to be public roads; and that from time to time, and at all times Maybeidlered
hereafter, the inferior courts of the feveral counties in this ftate ffiall have full pow- ^^ecl;;^rn;^rd
er and authority to order the laying out of public roads where the fame may be ne- onc4u,°ydbeiew
c^ffary, and to difcontinue fuch roads as now are or ffiall hereafter be made, as ffiall
4O6
ROADS AND BRIDGES,
be found ufelefs, and to alter the roads, fo as to make them more T^ful and conve-
nient, as often as occahon fhall require.
Sidoutbstobe 2* ^n^ ^e ^ fur^ier enatted, That all roads hereafter to be laid out, fhall be laid out
s!orer80mmis" three or morecommiffioners, appointed by the faid inferior courts refpeftively, which
commiffioners, being freeholders, fhall take an oath before any juftice, to lay out the
fame to the greateft eafe and conveniency of Lhe inhabitants, and as little as may be to
pe^ons a^rie-the prejudice of any private perfonor perfons'enclofed ground. And when any perfon
roads!'howto or perfons fliall feel him, her or themfelves aggrieved by reafon of any road being
berediessed. jajjout through his, her or their enclofed ground, it fhall be the duty of any two op
more of the juftices of the inferior courts, on application in writing by the perfon or
perfons injured, to iffue a warrant under their hands, direfted to the fheriff of the
county, to fummon a jury of freeholders, who fhall be fworn to affefs fuch damages;
and that the fheriff fhall make and return a true inquifition thereof to the next infe-
rior court; and it fhall be the dutv of fuch court to order the amount of damages fo
affeffedto be paid out of the next county tax, or out of any public monies belonging to
provuo. the county fund: Provided nevertheiefs, That where it fhall appear to the inferior
court that the damages fo affeffed tranfcend the utility of that part of the faid road,
fuch court fhall order the fame to be altered in fuch manner as to avoid the enclofed
ground fo damaged, unlefs the perfon complaining fhall agree to accept fuch com-
penfation as fhall be deemed juft and reafonable by fuch court.
Roada to be o. And be it further enabled, That all public roads laid out or now in ufe, or which
twenty feet
wide. fhall be hereafter laid out, fhall be cleared of all trees, flumps, grubs and brufh, at
leafl twenty feet* wide, and fuch limbs of trees as may incommode horfemen or car-
causeways and riages fhall be cut away; all bridges or caufeways made or to be made over fmall
Sestrevams water-courfes, and caufeways over fwamps or low lands, fhall be made and kept in
feetwide'and repair by the hands fubjeft to work on the roads where the fame may be neceffary;
sons^liafile to^ and the pieces wherewith the fame fhall be made, fhall be laid acrofs the road, and
be at leafl fixteen feet long, well fecured, made faft, and covered with earth.
4 And be it further enabled, That all free male inhabitants between the age of fix-
shaii be divided teen and forty-five years, and all male flaves,t fhall be fubjeft to work on the public
mto roac|s. anj -t fhah he the duty of the inferior courts in each county, within fix months
after the paffmg of this aft, to divide the feveral roads within the refpeftive counties
into diflrifts of convenient length, and fhall from time to time apportion the perfons
Overseers ap- fubjeft to work on the roads, among the feveral diflrifts, in fuch manner and in fuch
Inferior courts, proportion as they fhall deem juft and equitable, regarding as far as poffible the con-
venience of the people and the fituation of the roads,
shaii take an And the faid inferior courts fhall alfo within the aforefaid term of fix months, ap-
oath point one fit and proper perfon, being a freeholder, as overfeer of each diftrift of
Informed of road, who fhall take an oathj before fome juftice, truly and faithfully to perform
1 lun!b°y"he the duties required of him by this aft. And the faid inferior courts, fhall, from time
to time, make fuch alterations in the diflrifts, and apportionment of perfons to work
thereon as occafion may require. And the clerks of the inferior courts fhall, within
ten days after the appointment of the overfeers, and apportionment of perfons to
work in the feveral diflrifts, give notice of fuch appointment, to the faid overfeers2
and alfo ferve them with a lift of the perfons to work within their feveral diflrifts.
* See aft of 1800, feft. 3, refpefting crofs-roadsj alfo feft. 4, refpefting tree?, flumps,
-f-See aft of 1800, feci. 5. explaining this feftion.
4: Repealed by aft of 1800, feft 2.
c:erk.
ROADS AND BRIDGES.
407
5. And be it further enabled, That all overfeers of roads, who fhall refufe or neg- Overseers fall-
left to do their duty, as is direfted by this aft. or {hall not keep the roads and brid- wirhtw,'T(S?
C J r r 111J- * shall forfeit five
ges over fmall water courles, and cauleways over lwamps and low lands in repair, or
let them remain uncleared or out of repair, for and during the fpace of thirty days, unlef
hindered by extreme bad weather, fuch overfeer fhall forfeit for every fuch offence masei"
the fum of five dollars, to be recovered in the juftices' court of the diftrift in which
fuch overfeer may reiide tor the ufe of any perfon or perfons fuing for the fame; and
lhall neverthelefs be fubjcft to anaftion for damages at the fuit of any perfon injured
by fuch refufal or negleft.
6. And be it further enacted, That whenever the faid roads, fmall bridges and
caufeways (hall require repairing, the overfeers fhall give at leaft five days' notice to all tteroaaVSd
perfons fubjeft to work within their refpeftive diftrifts, of the time and place of at-pairfsntcd,ft~
tendance with fuch tools as he may deem neceflary; and if any perfon fubjeft to
work as aforefaid, {hall fail to attend agreeably to fuch notice, together with all flaves ffaTrdma?
owned by them or under their care and management, they fhall be fubjeft to the fol- hundScents
lowing fines, to wit: for the non-attendance of every free perfon, the fum of Oneforeachday*
hundred cents, per day, and for every {lave the fum of one hundred cents, per day;
to be levied of the goods, chattels, lands, and tenements of fuch defaulters, by warrant
of diftrefs and fale, under the hand and feal of any juftice of peace in the diftrift iusti«.
where fuch defaulters may refide; or be recovered before any court having compe-
tent jurifdiftion of the fame, unlefs the party making fuch default {hall, within ten
days thereafter, make fuch excufe, on oath, as may be deemed fatisfaftory to the
overfeer: And provided alfo, That no juftice of the peace fli all be authorized to if-pj^y*.**-
fue a warrant as aforefaid, without fatisfaftory proof being firft made that the notice
required by this aft was duly ferved.
7. And be it further enabled, That all fines fo as aforefaid incurred and collefted ft1e"appropn*
fhall be one half for the ufe of the overfeer of the diftrift, and the other half to be paid
to the ovefeer for the repairs and improvement of roads within his diftrift
8. And be it further enabled, That where any perfon or perfons fhall have made 2cs\™bSo-
any fence or laid any other obftruftion acrofs, or in any public road heretofore laid ov«?
out without the leave of any court having cognizance thereof, it {hall be the duty of
the overfeer of the diftrift in which the fame may be, within three months after his
appointment to caufefuch obftruftionto be Amoved, and theroad reftored to its ori-.
ginal fituation; unlefs in the opinion of fuch overfeer, the road now ufed is equally
convenient with the original one; and when any perfon fhall be defirous of remov- fe&SS'tw
ing anyroad for private convenience, fuch perfon lhall petition any one or more££ce.conTe*
juftice or juftices of the inferior court for leave to remove the fame ; and on fuch pe-
tition it {hall be the duty of the faid juftice or juftices, to iffuehis or their order direfted
to any three freeholders of the neighborhood, who being fworn as is by this aft here-
in before direfted, {hall proceed to view the ground over which fuch removal is intend-
ed to be made ; and if the faid freeholders fliall report, that fuch alteration will be
equally convenient, the inferior court may order the fame to be made by the perfon
praying the fame, which fhall be cleared in fuch manner as is herein before direfted.
g. And be it further enabled, That when any perfon fhall hereafter make any fence or stopping up or
cut any tree, or make other obftruftions in or acrofs any public road (unlefs removed rod*"1118
within two days) fuch perfon fhall for every fuch offence pay a fine not exceeding
twenty dollars to be recovered by- warrant under the hand of any juftice of the peace; how recovered
to be applied as herein before direfted : And it fhall be the duty of the overfeer of the
diftrift forthwith to caufe the faid obftruftion to be removed.
408
ROADS AND BRIDGES.
Sbotoueh 10. And whereas, the public good requires that a road fhould be^gpencd and kept
in repair from the town of Riceborough in the county of Liberty, to the town of St.
Mary's in thecountv of Camden, by way of Fort Barrington on the river Alatamaha.
inhabitants of B e it further enatted, That all the male inhabitants in the counties of M'Intofh,
Giynnand Glynn and Camden, fubjedi to work on the roads in the faid counties, including all
to work on said the iflands belonging to the faid counties of M'Intoffi, Glynn and Camden, fit all be
roJd' liable to work on the faid road, under the fame rules and regulations, and fubje£t to
the fame fines for default as is before pointed out by this act : And thejuftices of the
inferior courts in the aforefaid counties {hall appoint overfeers in their respective coun*
ties to carry this act into effect, any law or claufe of laws to the contrary notwith-
{landing.
ah bridges e- And be it further matted. That all the bridges that have been ere&ed by any
pubiTc,decided aft of the General Affembly, or by virtue of any order of court, not being private
to be pubhc. toll-bridges, are hereby declared to be public bridges. And that from time to time
Inferior tourts hereafter, the inferior courts of the feveral counties {hall have full power and autho-
niayere ntw ^ ^ appoint the places for ere&ing public bridges; and it fhall be the duty of fuch
be kept in courts to appoint one or more commiffioner or commiffioners, to contrail for the
Kfiv°ore's building fuch bridges, as may be deemed necefiary, for a time not lefs than five nor
«nrcyS«nse" more than feven years: And the faid commiffioner or commiffioners, before he or
of bridges shall they {hall enter on the duties of fuch appointment, fhall take an oath before fome
take juftice of the inferior court or of the peace, truly and faithfully to perform the truft
repofed in him. And the faid commiffioners being fo fworn, {hall advertife the time
SSf' and place for letting the fame, at three or more public places at leaft twenty days, and
fett1ng°of'ae fhall then let the fame by public outcry to the lowed bidder, taking bond payable to
budges. jri*s exce]jenCy the goveror or his fucceffors in office, to be depofited in the office' of
the clerk of the inferior court with at leaft two freeholders as fureties for the perfor-
mance of fuch building and keeping in repair; and the inferior court fhall levy the
amount thereof on the county, or order the fame to be paid out of any of the funds of
the county fubjeft to their difpofal,
Bridges over 12' And be it further enatted, That when bridges fhall be neceffiary over any wa-
dYngaceuK"s ter courfe which divides one county from another, the inferior court of each county
buiit.co b? fhall join in appointing commiffioners for the building and keeping in repair the fame;
and the expence thereof {hall be defrayed by both counties in proportion to the
amount of the general tax of each, to be eftimated by the digeft of the general tax ta-
ken next before fuch contraft,
commit- 13. And be it further enatted, That whenever any public bridge fhall require re*
gllfenotke pairing it fhall be the duty of the commiffioners or one of them to give notice in wri-
bridge bout of ting thereof to the undertaker or one of his fecurities, ftating the repairs necefl'ary to
repan. be made, and requiring the fame to be made within a reafonable time to be fet forth
in the faid notice, and if the fame fhall not be made w ithin fuch time, fuch commif-
fioner or commiffioners, {hall employ fome other perfon or perfons forthwith to make
against the un- fuch repairs ; and 111 all immediately thereafter iffuean execution againft the faid un*
towhaVca&r dertaker and his fecurities for the amount given for the faid repairs with colls.
a commis-i- 14< And be it further enatted, That when any commiffioner appointed for letting
Bnfitrtaker^u> any public bridge under and by virtue of this a£l, {hall undertake the building and
seskisoftce. kecping repair the fame, or {hall become the fecurity for any other perfon fo under~
taking, the powers of fuch commiffioner {hall from thenceforward ceafe and deter-
mine, and the inferior court of the county {hall appoint another in his room,
ROADS AND BRIDGES.
15. And be it further enaBed, That all former laws on this fubjeB fo far as tic)
militate againft this law be and they are hereby repealed.
DAVID MERIWETHER, Speaker of the Hovft of Repreftntmive*.
DAVID EMANUEL, Pref dent of the Senate.
Affented to December 4, 1799.
JAMES JAGKSON, Governor.
An aft to alter and amend an aB to empower the inferior courts of the fever al counties
in this fate to order the laying out the public roads, and tQ order the building and
keeping in repair the public bridges.
1. T5 EIT ENACTED by the Senate and Houfe of Reprefentatives of the fiateof Geor-
13 gia in General Ajfembly met, and by the authority of the fame, That whereas by amesCunrtl
an aBpafled on the iixthday of December, one thoufand feven hundred and ninety, ^^;e7rti;n
an exclufive right was given to James Gunn and Wade Hampton, their heirs and af- ^^rc'^e
figns forever, to ereB, and keep in good order and fufficient repair, a bridge oyerdiee-
the great Ogechee River: And whereas, the faid James Gunn and Wade Hampton
did ereB a bridge over the fame agreeable to the faid aB, but have negleBed to keep
the faid bridge in good repair, whereby the lives and properties of individuals are en-
dangered: Therefore be it enaBed, That it is hereby declared to be the duty of the^ietowaf
faid James Gunn and Wade Hampton, their heirs or affigns, who may now be intaidbrid£C-
poifellion of the faid bridge, to keep the fame in good and fufficient repair, and fub-
jeB to the infpeBion of two or more commiffioners, to be appointed by the inferior
court for the county of Bryan for that purpofe: and it is hereby declared to be the du- ^eafnpfg^by
ty of the faid commiffioners, to infpeB the faid bridge monthly, and whenever it fhall be
found that the faid bridge wants repairing, they are hereby direBed to notify the^"tninfive
owners or proprietors of the fame to commence the repair within five days, and in
cafe of the refufal or neglett fo to do, it ffiall be the duty of two or more of the in-oreIe.tw.„
ferior court juftices of the fad county, on complaint to them being made by the betionehy the
aforefaid commiffioners, to direB the commiffioners aforefaid to proceed to pur-
chafe materials and hire workmen to complete the fame, and to notify the proprie-
tors or their attornies that the faid expences of fuch repairs are to be paid for imme-
diately on completion of the fame; and in cafe fuch proprietors or owners ffiall failAndpafdbytIie
to pay the fame, then and in that cafe it ffiall be the duty of two or more of the g^rs;a°[
faid inferior court juftices to award execution; which faid execution ffiall be direB- fhem,aiRiBrya»
ed to the ffieriff, deputy ffieriff or conftables of either the county of Bryan or £o2«.aHa
Chatham, againft the property of the faid proprietors or owners, and, on giving
fifteen days' notice, proceed to fell the fame; and if any overplus after paying the
neceflary expences attending the fame, to return the faid overplus to the owner or
proprietors of the faid bridge.
2. And be it further enaBed, That fo much of the above recited aB, entitled That^art,*
<s An aB to empower the inferior courts of the feveral counties to order the laying
out the public roads, and to order the building and keeping in repair public bridges, wape***-'
as refpeBs the oath therein prefcribed to be taken by the overfeers of diftriBs be and
the fame is hereby repealed*
3F
41€>
SABBATH.
to Uirett the 3"
And he it further enabled, That the inferior courts of the refpeflive counties with-
SJotYctow7" in this ftate are hereby authorized and empowered to direct the manner and mode of
s' keeping in repair all crofs, and other roads not being an immediate or direfl market
road, leading through their refpective counties; in fuch manner as they in their judg-
ment may think mall proper,
overseers need 4." And be it further enabled, That fo much of the before recited act, directing the
overfeers of diftricts to remove all (lumps and trees, fhall be conftrued fo as to remove
fuch Humps and trees from being obllructions to wheel carriages, by cutting the fame
as nearly even with the furface aspoflible; and that no perfon fhall be liable to work
upon any road more than fix days at one time, nor than twelve days in one year.
5. And be it further enabled, That the age of male negroes liable to work on the
public roads in this ftate (hall be between the age ©f fixteen and fifty.
6. And be it further enabled, That all laws or parts of laws, which any way mili-
tate againll this act be, and the fame are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Affented to December i, 1800.
JAMES JACKSON, Governor.
SABBATH.
An ablfor preventing and punifhingvice, profanenefs and immorality, and for beeping
holy the Lord's day, commonly called Sunday.
WHEREAS there is nothing more acceptable to God than the true-and fincere
worfhip and ferviceof him, according to his holy will,, and that the keeping
holy the Lord's day, is a principal part of the true fervice of God, which in this
province is too much neglefted by many.
1 Compels all perfonsto attend worfhip—repugnant to the cot>ftitution. —
SnSay 2* ^ father enabled, That no tradefman, artificer, workman, laborer, or other
6SSr/eittenPerfon whatfoever, fhall do or exercife any worldly labor, bufinefs or work of their
ordinary callings, upon the Lord's day, or any part thereof (works of neceffity or
charity only excepted) and that every perfon being of the age of fifteen years or up-
wards offending in the premifes, fhall for every fuch offence forfeit the fum of ten.
Ke goods' be fhillings. And that no perfon or perfons whatfoever, fliall publicly cry, fhew forth
4ay.onthst or expofeto fale, any wares, merchandizes, fruit, herbs, goods or chattels whatfoever,
upon the Lord's day or any part thereof, upon pain that every perfon fo offending,
fhall forfeit the fame goods fo cried, or fhewed forth, or expofed to fale, or pay ten
(hillings.
3 Reflrains perfons from travelling on Sunday. Obfolete.
4. And be it further enabled, That no public fports or paftimes, as bear-baiting,,
hull-baiting, foot-ball playfng, horfe-racing, (hooting, hunting or fifhing, interludes
or common plays, or other games, exercifes, fports or paftimes whatfoever, fhall be
ufed on the Lord's day by any perfon and perfons whatfoever; and that all and every
perfon and perfons offending in any of the premifes, fhall forfeit for every fuch of-
fence the fum of five fhillings fterling.
f»ot dig up
stuoips, &c.
Negroes liaMe
»o work on
roads.
Repealing
Praambk.
SABBATH.
4ii
5. And be it further ena8ed, That no vintner, innholdef or other perfon keeping &b
■any public houfe of entertainment, fhall entertain, or fuffer any perfon or perfons £yt#.oni*m"
(except It rangers or lodgers) in fuch houfes or out-houfes, to abide or remain ; nor
(hall they fuffer any peribn or perfons whatfoever, in their faid houfes, oUt-houfes,
yards, orchards or fields to abide or remain drinking, or in any manner idly {pend-
ing their time on the Lord's day, upon the pains and penalties of five {hillings for eve-
ry perfon offending, payable by themfelves refpe6tively, that fhall be found fo drink-
ing or abiding in any fuch public houfe or dependencies thereof as aforefaid, and the
like fum of five {hillings to be paid by the keeper of fuch houfe for every perfon orotaUe«,&c,
entertained by them.
6. And for the better keeping of good orders on the Lord's day, Be it further erne-titatday*
ted, That the church wardens and conftables of each parifti refpe&ively, or any one
or more of them, {hall once in the forenoon and once in the afternoon, in the time
of divine fervice, walk through the town of Savannah, and the refpe&ive towns of
this province, to obferve, fupprefs and apprehend all offenders whatfoever, contrary
to the true intent and meaning of this a£t; and they {hall have power, and are here- Alld t0 ^
by authorized and empowered to enter into any public houfe, or tippling houfe, to SraSnic*
fearch for any fuch offenders; and in cafe they are denied entrance, {hall have power,
and are hereby authorized and empowered to break open, or caufe to be broke open,
any of the doors of the faid houfe, and enter therein; and all perfons whatfoever are
ffri&ly commanded and required to be aiding and affifting to any conftables or other
officers in their execution of this aft, on the penalty of ten {hillings fterling for every justices may
rrl 3 r • J OO J apprheudolfcu.
reiuial. dersand seize
7. And be it further enabled, That for better execution of all and every the forego- the,rs°ods*
ing orders, every juftice of the peace within his county or parifh, {hall have power
and authority to convene before him any perfon or perfons whatfoever, who {hall of-
fend in any of the particulars before mentioned, and upon his own view or confeffion
of the party, or proof of any one or more witneffes upon oath, which the faid jufti-
ces are by this act, authorized to adminifter, the faid juftice, or juftices ffiall give a
warrant, under his, or their hand and feal, to the conftables or church wardens, or
either .or any of them, of the parifti or pariffies where fuch offence ffiall be committed
to feizethe faid goods, cried, {hewed forth, or put to fale as aforefaid, and to fell the
fame; and as to the other penalties and forfeitures, to impofe the fine and penalty for
the fame, and to levy the faid forfeitures and penalties, by way of diftrefs, and fale of
goods, .ofevery fuch offender returningthe overplus, (if any there be) after reafonable
charges allowed for the diftrefs, and fales. And in cafe of default of fuch diftrefs, or
in cafe of infufficiency or inability of the faid offender, to pay the faid forfeiture or
penalties, that then the party offending be fet publicly in theftocks, for the fpace of two
hours, and all and fingular the forfeitures or penalties aforefaid, ffiall be employed
and converted to the ufe of the poor of the pariffi, where the faid offences ffiall be
committed, and to be delivered into the hands of the church wardens, or overfeers of
the poor for that end; faving only, that it ffiall and may be lawful to, and for any
fuLh juftice or juftices, out of the faid penalties or forfeitures, to reward any perfon or
perfons, that fhall inform of any offence againftthis act, according to his or their dif-Pr0V?1#"
cretion, fo as fuch reward exceed not the third part of the forfeitures or penalties.
Provided, That nothing in this act contained, ffiall extend to the prohibiting of dref-
fing of meat in families, or dreffmg, or felling of meat in inns, victualling houfes or
other public houfes, for fuch as cannot be otherwife provided ; nor to the buying orProv®*
felling of milk and fiffi, before nine of the clock in the morning, and milk after four
of the clock in the afternoon, Provided alfo, That no perfon or perfons {hall be im-
1
412
SABBATH.
peached, profecuted or molefted for any offence before mentioned in this act; un-
lefs he or they be profecuted for the fame, within ten days after the offence commit-
ted.
writs,war- 8. And be it further enabled, Thatnoperfon or perfons upon the Lord's day, (hall
to he'executed ferve, or execute, or caufe to be ferved or executed, any writ,procefs, warrant, order,
cept in certain judgment, or decree, except in cafes of treafon, felony, or breach of the peace; but
that the fervice of every fuch writ, procefs, warrant, order, judgment or decree (hall
be void to all intents and purpofes whatfoever. And the perfon or perfons fo ferv-
ingor executing the fame, (hall be liable to the fuit of the party grieved, and to anfwer
damages to him for the doing thereof, as if be or they had done the fame without any
persons served writ, procefs, warrant, order, judgment, or decree at all. And in cafe any perfon or
cha?SSi!aydU"perfons (hall beimprifoned or detained in cuftody by any writ, procefs, warrant, or-
der, judgment, or decree, fo ferved or executed upon the Lord's day, upon motion,
or petition made to the chief juftice, or any one of the affiftant juftices for the time be-
ing ; it (hall be lawful for the chief juftice, or aiiiftant juftice or juftices, and he, or
they are hereby authorized and required immediately to order fuch perfon or perfons
to be difcharged out of prifon and cuftody, and to be clear not only from fuch writ,
procefs, warrant, order, judgment or decree fo ferved on the Lord's day, but alfo
from all and every other writs, procefs, warrant, order judgment or decree, ferved or
executed upon any perfon during the time of the faid perfons being imprifoned or de-
tained upon the account of any fuch writ, procefs, warrant, order judgment or decree,
fo ferved or executed on the Lord's day, and fuch perfon (hall be allowed by the faid
chief juftice, or affi ft ant juftices fuch reafonable time, as he, or they (hall think fit-
ting, to return to his home or habitation, free from any arreft or hinderance whatfoe-
1 tman ver*lj c*v^ matters.
eiSxe'lr' 9* ^n^ ^e ^ father enabled, That if any a£lion, fuit or information (hall be com-
LlVpicSd menced againft any perfon or perfons for what he or they (hall do in purfuance or ex-
ecution of this aft, fuch perfon or perfons fo fued may plead the general ift'ue (not
guilty) and upon iffue joined, give this a£l and the fpecial matter in evidence. And
if the plaintiff, or profecutor (hall become nonfuit, or fuffer difcontinuance, or if a
verdict pafs againft him, the defendant or defendants (hall recover his, or their treble
Treble costs, cofts, for which he or they fhall have the like remedy, as in any cafe, where cofts by
law are given to the defendant.
TWsaftfshaii io. And be it further enabled, That this act fhall be read yearly and every year, at
times it year, lea ft four times in each year, before fermon begins. And every 'minifter is hereby re-
by ministers. .. i i r • i • r . , & . n 3
quired to read the lame, in his refpective place of divine worfhip.
By order of the Commons Houfe of Affembly.
LEWIS JOHNSON, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
In Council Chamber, March 4, 1762.
Affented to.
JAMES WRIGHT.
SEAL OF GEORGIA,
413
An aBfor altering the great feal of the Jlate of Georgia.
l. T 7I7"HEREAS the conftitution of this ftate direfts the alteration of the greatpreambIe*
V V feal, therefore, Be it enabled by the Senate and Houfe of Reprefentatives
the fate of Georgia in General AJfembly met, and by the authority of the fame, That the
great feal of the ftate of Georgia fhall be made of filver, and the fize of two and a
quarter inches in diameter.
2, And be it further enabled by the authority aforefaid, That the device fhall be asItsdcvi(y?
follows: On the one fide a view of the fea fhore with a fhip bearing the flag of the
United States, riding at anchor near a wharf, receiving on board hogfheads oftobac-
co and bales of cotton, emblematic of the exports of this ftate; at a fmall diftance a
boat landing from the interior of the ftate with hogfheads, See. on board, reprefent-
ing her internal traffic; in the back part of the fame fide, a man in theafcl of ploughing ;
and at a fmall diftance a flock of fheep in different poftures fhadedby a flourifhing
tree. The motto on this fide, agriculture and commerce 1799. That the other fide
contain three pillars ftipporting an arch, with the word conftitution* engraven within
the fame, emblematic of the conftitution fupported by the three departments of gov-
ernment, viz. the legiflative, judicial and executive, the firft pillar to have engraven
on its bafe, wifdom, the fecond juftice, and the third moderation ; on the right of the
laft pillar a man ftanding with a drawn fword, reprefenting the aid of the military in
defence of the conftitution ; the motto, ftate of Georgia 1799.
3. And be it further enabled by the authority aforefaid, That his excellency the gov- Sh5nfont£ftr
ernor be and he is hereby authorized to contraft with fome fit and proper per foil forSrthccs«uklni
making of the aforefaid feal in manner and form aforefaid, and fhall depofit the fame
in the office of the fecretary of ftate, and on and after the fourth day of July next, the
faid feal fhall be conlidered as the great feal of the ftate of Georgia and applied and
made ufe of as fuch in all cafes as the law direfts; and the old or prefent great feal,
fhall be broken in prefence of his excellency the governor.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives•
ROBERT WALTON, Prefident of the Senate.
Alfented to February 8, 1799.
JAMES JACKSON, Governor.
Aft aB fupplementary to an aB, entitled 44 An aB for altering the great feal of the fate
of Georgiapajfed the &th day of February, one thoufand feven hundred and ninety-
HEREAS it appears that fo much of the fecond feftion of the before recited *xe«abie,
aft, as are contained in the words following, to wit, That the other fide con-
tain three pillars fupporting an arch, with the word, conftitution, engraved within
the fame, emblematic of the conftitution fupported by the three departments of govern-
ment, viz. The legiflative, judicial, and executive; the firft pillar to have engraven
on its bafe, wifdom, the fecond juftice, and the third moderation, could not be com-
pletely carried into execution, in as much as from examination of the fize of the
great feal eftabiifhed by the aforefaid aft; an impreffion of thefe wordsj wifdom; juf-
nine.
SEAMEN AND MARINERS.
tice, and moderation, engraven on the three aforefaid pillars, would not be legible or
intelligible.
a part of m aft ^ therefore enabled, That, that part of the faid before recited fe&ion, to wit, the
frkueaK16 words, the firft pillar engraven on its bafe wifdom, the fecond judice, and the third
!SdtheSi*at moderation, be and the fame is hereby repealed. And that the great feal, as now de-
WalsauaKmed'pofited and in operation in the fecretaryof date's office of this date, with the words, wif-
dom, judice and moderation engraven in a wreath on the feparate pillars, emblematic
of the feveral departments of the government, be and is hereby fanCtioned, ratified
and declared the great feal of the date of Georgia j and all grants papers and docu-
ments to which the fame has been affixed by order of the executive authority fince
the fourth day of j uly lad pad, the period when the former great feal by the afore-
faid a£t ceafed to be the great feal, and the new great feal was by the faid a61 to be in
operation, are hereby alfo fanCtioned, ratified and declared to be as valid in all courts
of law and equity, as they poffibly would or could have been, had the words wifdom,
judice and moderation been engraven on the bafe of the refpeftive pillars agreeably
to directions of the faid fecond feCtion.
affixetf to grants 2* Whereas there is now in the fecretary of date's office a number of grants of land if-
tiwcoiS? fued previoudy to the fourth day of July lad pad, which have not heretofore had the
»idone.thc former great feal of the date affixed to them. Be it therefore enabled, That the fe-
cretary of date, fhall affix the prefent great feal of this date, as declared by this a6l, to
any grant or grants which have been iffued for land under the authority of this date
previous to the fourth day of July pad, which have not heretofore had the former
great feal of this date affixed to fuch grant, or grants as aforefaid, which fhall be held,
deemed and confidered valid in all courts of law and equity, any law to the contrary
notwithdanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate,
Aflented to December 5, 1799.
JAMES JACKSON, Governor,
SEAMEN AND MARINERS.
An aft, to punifh feamen or mariners, neglefting or deferting their duty on hoard their
refpeftive Jhips or veffels ; and for preventing jeamen or mariners from being har-
bored or running in debt,
Preamble. T^THEREAS mafterg and commanders pf veffels trading to this province are
V V often greatly didreffed by the negleCt or defeition of their feamen, which
is in general occafioned by fuch feamen being harbored and entertained by and
running in debt with the keepers pf taverns and tippling houfes, and ill difpoled per-
fons, to the great detriment and hinderance of trade, for prevention of which evil, Be
justices may it enabled, That from and immediately after the paffing of this a£t, if any feaman or
commiuedamen mariner having entered or fhipped himfelf onboard any fhip or veflel within this
bh rcoara * pr0Vjncej or which fhall come to the fame, and having figned an agreement or con-
tra6k with tire mader or commander thereof to proceed upon any voyage therein
SEAMEN AND MARINERS.
mentioned, fhall abfent himfelf from fuch fhip or veffel for the fpace of twenty-four
hours, without leave had and obtained from the faid mafter or commander, or other
chief officer having the command of fuch fhip or veffel, or fhall refufe or neglect to
perform his duty on board the fame, or refufe to proceed on the voyage mentioned in
fuch agreement or contraft figned as aforefaid, it fhall and may be lawful for any
juftice or juftices of the peace, within their refpeftive jurifdiftions, upon application
being made to him or them by fuch mafter or commander, to iffue his or their war-
rant or warrants, to apprehend fuch feaman or mariner, and upon proof of fuch ab-
f^nce without leave had and obtained, or of fuch negleft or refufal as aforefaid, to
commit fuch feaman or mariner to the jail or workhoufe, for any time not exceeding
thirty days, any law ufage or cuftom to the contrary notwithftanding.
2. And be it further enabled by the authority oj the fame, That the charge of appre-
hending, committing, and maintaining fuch feaman or mariner, during his confine- Sen^wagw,
ment as aforefaid, fhall be paid by the complainant, which charge he is hereby authori-
zed to deduft out of the wages due or to be due to fuch feaman or mariner.
3.. And be it enabled by the authority aforefaid, That if any perfon or per-
fons whatfoever after the pafling of this aft fhall give credit to or truft any feaman or
mariner belonging to any fhip or veffel within this province, having figned an agree- 5dcbt?lose
.ment or contraft to proceed therein as aforefaid, for any fum exceeding five fhillings,
except by leave of the mafter or commander of fuch fhip or veffel, he, fhe or they,
fo giving credit to or trufling fuch feaman or mariner as aforefaid, fhall, for every
fuch offence lofe the monies or goods fo credited or truffed.
4. And be it enabled by the authority aforefaid, That if any perfon or per- Persons harbor-
fons whatever, after the paffing of this aft, fhall willingly and knowingly entertain, tabling them
retain, harbor, or keep, or fhall direftly or indireftly fuffer to be entertained, retained, di^TrfSr-
harbored or kept any feaman or mariner belonging to any fhip or veffel, and having <iay.
figned any agreement or contraft as aforefaid, in his, her or their houfe without the
leave, privity or confent of the mafter or commander of fuch fhip or veffel, he, fne or
they, fo offending, fhall forfeit the fum of forty fhillings fterling for every twenty-four
hours fuch feaman or mariner is harbored, entertained, retained, or kept in his, her,
or their houfe as aforefaid, and fuch fine or forfeiture fhall be recovered by diftrefs "veredSd^V
and fale of the offender's goods by warrant under the hand and feal of any juf-phed'
tice of the peace of the parifh where fuch offence fhall be committed, which penalty
fhall be to his majefty, for the ufe of the poor of the faid parifh.
5. And be it further enabled by the authority aforefaid, That all and every keeper orSfSSSh?5r
keepers of taverns, or tippling houfes, or any other perfon or perfons whatever, who than o:n shil-
from and after the paffing of this aft, fhall fell any wine, punch, beer, ale, cider, or any pTn« worth
fpirituous liquor whatever, to any feaman or mariner belonging to any fhip or veffel, tertaintj^maf-
and having figned any agreement or contraft as aforefaid, to the amount of more than
one fhilling and fixpence in any one day, or fhall entertain, or fuffer any feaman or ^e«ty shu-
mariner as aforefaid to drink or tipple in his, her or their houfe, or furnifh fuch fea-
man or mariner with any liquor as aforefaid after the hours of nine of the clock at night,
unlefs with the knowledge or by the leave and confent of the mafter or commander of
the fhip or veffel to which fuch feaman or mariner fhall belong, fuch keeper of tavern
or tippling houfe, or fuch perfon or perfons fo offending fhall, upon proof of fuch of-
fence, forfeit the fum of twenty fhillings fterling, to be recovered and applied as in Masters sTian
this aft is before clirefted. f«e
6. And be it enabled by the authority aforefaid, That from and after the paffing of f®^cadth^cr
this aft, any and every feaiiian or mariner, whole agreement or contraft entered into five
SERVANTS, NOT SLAVES.
with any mafter or commander of any {hip or veffel within this province, for the per-
formance of any voyage therein fpecified, fhall be fulfilled and determined, {hall and
may demand of, and from the faid mafter or commander a certificate thereof, and of
his difcharge from fuch {hip or veffel, which certificate fuch mafter or commander is here-
Hnw recovered by required to give, under the penalty of five pounds fterling, to be recovered by warrant
n appue . ^ diftrefs, and fale of the offender's goods under the hands and feals of any two juf-
tices of the peace, for the parifh where fuch offence was committed, and be to his ma-
jefty, and applied one half to the informer, and the other half to the poor of the faid
Two justices parifh ; and upon refufal of faid mafter or commander to give fuch certificate without
maygrauttc juq. caufe5 any two juftices of the peace upon due application and proof thereof, are'
hereby empowered to give fuch certificate, which fhall be of equal force, as if given,
by fuch mafter or commander; and fuch juftices fhall receive for every fuch certifi-
cate fo given by them as aforefaid the fum of one fhilling fterling, to be paid by
#ne shilling fee. fuch mafter or commander refufing as aforefaid.
commanders 7' -dud be it further enabled, That no mafter or commander of any fhip or veffel
wfthou^cmifi- within this province, fhall hire, receive, entertain or fhip any feaman or mariner be-
puunds.r^eitten longing to, and pretending to be difcharged from any other fhip or veffel, unlefs fuch
feaman or mariner fhall have a certificate of his difcharge as aforefaid, under the pen-
alty of ten pounds fterling, to be recovered and applied as the penalty in this ad in-
flided upon mafters or commanders refufing to give filch certificate.
Ferrymen 8. And be it enacted by the authority aforefaid, That if any perfon or perfons keep-
a?empwitho^e ing or attending any ferry within this province, fhall willingly or wilfully tranfport, or
tojforfekfive fuffer to be tranfported over fuch ferry, any fugitive feaman or mariner not having a
certificate of difcharge as direded by this ad, fhall upon convidion thereof before any
one of hismajefty's juftices of the peace for the parifh, where fuch offence was com-
how recovered mitted, forfeit five pounds fterling, to be recovered by warrant of diftrefs, and fale of
andapphed. offerer's goods, and be to his majefty, to and for the ufe of any perfon or per-
fons informing of and fuing for the fame,
continuation. 9* And be it enacted, That this ad fhall be and continue in force for and during the
term of three years, and from thence to the end of the next feffion of the General
Aflembly, and no longer.*
By order of the Commons Houfe of Affembly.
ALEXANDER WYLLY, Speaker,
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
Councjl Chamber, March 6, 1766.
JAMES WRIGHT.
* Revifed and continued by aft of 1783, fed. I*
ftsamblc.
SERVANTS, NOT SLAVES.
An abl for the government offervants, not faves, imported or migrating into this fate*
1. T 71 7HEREAS the encouragement of migration into this ftate, of white inhabit-
V V ants, is of primary confequence thereto, and many valuable citizens and
ufeful perfons of the poorer clafs of Europeans defirous of migrating hither, have not
SERVANTS, NOT SLAVES.
vhefewithai to defray the charge of paffage money and other incidental expences at-
tending the fame, and either indent themfelves as fervants previous to embarking, or
agree with the captains, owners, fupercargoes of velfels or others to indent themfelv.es
as fervants on their arrival at any of the ports of this ftate, or the United States, as a
compenfation for fuch paffage money and expences. And whereas, it has happened
on fuch arrival, difputes havearifen between fuch perfon fo migrating, and thole w ho
have borne their expences as aforefaid, or thofe to whom they were previouOy to
embarkation indented, and doubts have been entertained of the validity of any con-
traBs made in a foreign country with refpeB to binding and holding to ferviceany
perfon fo migrating, unlefs a new agreement be entered into after his or her arrival
within the Hate: for remedy whereof, Be it enabled by the Senate and Houfe of Repre- Contrails
'Jentatives of the f ate of Georgia in General AJfembly met, and it is hereby enacted by how ta be car-
and with the authority of the fame, That from and after the palling of this aSl, all u
white fervants brought into this county under any agreement or contract made in
foreign countries, and who fhall not previoufly to embarkation therefrom have been
indented, lhall be bound to perform the fame; and in cafe of refufal to indent bimfeif,
herfelf or themfelves, on application and demand, it lhall be lawful for the perfon
or perfons with whom fuch fervants have fo agreed or contraBed, to apply to any
three jultices of the county into which fuch fervants may-arrive, one of whom to he
a judge of the inferior court thereof, who are hereby empowered and required to
have the parties brought before them, and decide on the validity and good faith of
fuch contraB, and if they, or a majority of them, fhall judge the fame binding and
valid, it lhall be the duty of fuch magiftrates, or a majority of them, to indent fuch
fervants by an order to be entered up of record in the clerk's office of the inferior
court, which order fhall be received and confidered as indenture, and held to be as
binding in law, to all intents and purpofes, as if the fame had been voluntarily enter-
ed into by fuch fervants after fuch their arrival: Provided neverihelefs, That if fuchpro«iS#;
fervant be of the age of nineteen years, they fhall not be indented for a longer term years old,not
than live years, and if under that age for a longer period than their arrival at the age wore than five
of twenty-four years, and if at the age of fourteen, until they arrive at the age of
twenty-one years; and the faid magiftrates are alfo hereby empowered to decide on
the age of fuch fervants and bind them accordingly, which decifion fhall be entered >'earsofase-
up of record with fuch order in the clerk's office of the faid inferior court.
2. And be it further enabled, That all indentures made between mailers, fupercar-indentures in
goes or owners of veffels, or other perfons in foreign countries, and perfons wilh-fSraRi*0
ing to migrate to this ftate or the United States, and thus becoming fervants as afore-6
faid, fhall' be held and received as valid and binding in law, on iheir arrival within
any port or place within this ftate as if fuch indenture had been voluntarily entered
into by the parties after fuch their arrival.
3. And whereas, it is as neceffary and proper, and humanity requires that the fer-
vants fo held to fervice ffiould, in return therefor, meet with humane and kind treat-
ment from perfons to whom they may be bound: Be it therefore further enabled,'^^g^
That all mailers and owners of fervants coming within the intention of this aB, fhalled-
find and provide for their fervants wholefome and competent diet, clothing and lod-
ging, in health, and proper and neceffary medicine and attendance in ftcknefs; and
Shall not at any time give immoderate correBion, or at any time whip fuch perfons
naked, without an order from two or more magiftrates for that purpofe, after a hear-
gG
SERVANTS, NOT SLAVES.
ing from both parties, and fhall not tafk them with immoderate labor; and fuch fer-
vants {hall have their complaints received by any judice of the peace, who, if he finds
caufe, may bind the mailer or owner over until the complaint can be heard before
the inferior court of the county where they (hall refide; and all complaints of fuch
fervants fhall and may, by virtue hereof, be received by the faid court in form of
petition, without the formal procefs of an a&ion; and full force and authority is here-
by given to the faid court, at their difcretion (having firft fumrnoned their maflers or
owners to juflify themfelves if they think fit) to adjudge, order and appoint what
fhall be neceffary and proper, as well with refpeft to the diet, lodging, clothing and
exceffive labor, as to the correction of the fervant or fervants complaining; and if
any mafter or owner fhall not thereupon comply with the court's order, the faid court
is hereby authorized and empowered, upon a fecond jufl complaint, to releafe and
acquit fuch fervant or fervants from any future fervice, by entering an order to that
purport on the records of the court; and in cafe it fhall be found, upon examination
before the faid court or three judices, that the complaint of fuch fervant or fervants
was unfounded or malicious, then the inferior court as aforefaid, fhall have power to
direfl and order any moderate punifhment, not exceeding thirty-nine lafhes; and in
cafe fuch fervant fhall abfent him or herfelf from his or her faid mader or owner's
fervice, the faid inferior court fhall be, and hereby is authorized to indent fuch fer-
vant for fuch abfence, a term not exceeding four days for every day's abfence, more
than the time he, or fhe were originally indented for, by an order entered as aforefaid:
on the court books.
contradis with 4. And be it^further enabled, That no mader or owner of any fervant fhall during,
ther «ervice, the time of fuch fervant's fervitude, make any bargain with him or her for further
»ad8tobe fervice or other matter or thing relating to liberty or perfonal profit, untefs the fame
be made with the approbation of the inferior court of the county where they fo refide;
and if any fervant fhall at any time during fuch fervice, by gift or other lawful means,
acquire any goods or money, fuch fervant fhall have the property thereof to his or
They are not her own foleufe and benefit. And if any fervant fhall, during fuch fervitude> hap*
rhargeabieto pen to fallfick or lame fo that he or fhe become of little or no ufe to his or her maf-
ter or owner, the mader or owner fhall at his or her own expence provide fuch
fervant with neceffary medicine and attendance during fuch ficknefs, and fhall not put
away fuch fervant, but fhall maintain him or her during the whole time he or die were
obliged to ferve; and if under any pretence of freedom any mader or owner fhall put
away any fuch fick or lame fervant, and fuch fervant fhall become chargeable to the coun-
ty fuch mafter or owner fhall forfeit and pay a fum equal to the maintenance of fuch per-
fon to be recovered by didrefs, monthly or weekly, at the option of the magidrates
fuperintenaing the poor rates of fuch county.
Te'<>€wei;do- 5. And be itfurther enabled, That at the expiration of the time of fervice, every:
•harmed? 1 mafter or owner fhall fupply every fuch fervant with a new and fufficient fuit of clothes
to be approved of by any three or morejudices of the faid county under a penalty
mot exceeding thirty dollars, to be recovered in a fummary way, by fuch fervant, be-
fore the faid judices.
ffSSSrreff And be it further enabled, That all fervants imported or migrating and indented.
as aforefaid, may be transferred by affignment of the indentures, either by the per-
fons they originally contrafted with or their affigns; and fuch perfons to whom fuch
fervant may be fo affigned, fhall befubje&to the claufes and provifoes of this a£t, and
Slaves and patrols.
to every matter and thing expreffed to be done or performed on the part of the origi-
nal owners, importers or contractors.
THOMAS STEVENS, Speaker of the Houfe of Reprefentathes.
BEMJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, February 6, 1796.
JARED IRWIN, Governor.
SLAVES AND PATROLS.
An aB for the efabli/hing and regulating patrols, and for preventing any p erf on from
purchafng provifions or any other commodities from or felling fuch to any /lave, unlefs
fuch fave Jhall produce a ticket from his or her owner, manager or employer.
1. TT THERE AS it is abfolutely neceffary for the fecurity of his majefty's fub-p^,,^
W je£ts of this province, and for preventing the many dangers and inconven-
iences that may arife from the diforderly and unlawful meetings of negroes and oth-
er (laves within the fame, that patrols (hould be eftabliffied under proper regulations,
in fuch parts of the province where the militia is formed and fettled : And whereas,
it is alfo proper to prevent dealing and trafficking with (laves ; Be it enaBed, That fttrrfdwwoji'
immediately from and after the paffingof this aft, every captain or commanding of- twd«a»ue«.
ficer of a company of foot militia throughout this province, is hereby authorized, em-
powered and required feverally and refpedfively to fummons together his inferior of-
ficers, if any fuch there be ; and they (hall in concert fubdivide and diftinguifh his
company diftrift into as many other convenient patrol divihons as they (hall think moft.
proper and confident with the extent and fituation of their general company diftrift,
and fo as the riding over any fuch patrol divifion may not exceed twelve miles in ex-
tent, which faid fubdivided divifion feverally and refpeftively, (hall thenceforth be the
patrol divifions, unlefs the fame (hall be thought neceffary to be altered by the officers
as aforefaid, and wherein the owners of fettled plantations as well as the other inhabit-
ants of any fuch patrol divifion, as well alarm men as others of horfe and loot be-
tween the age of fixteen andfixty years, (hall befubjeftto the patrol duty of that di-
vifion, and (hall either by themfelves in perfon, or by others employed for that purpofeto^Sduly.
do their patrol duty regularly and fucceffively, according to the true intent and mean-
ing of this afct, and in cafe any captain or commanding officer, fhall omit or fail to
fubdivide and diftinguiffi his company diftriH in manner herein before enjoined, or
afterwards at any raufter-day, or within five days after fuch mufter-day, (hall negledt
to prick off the feveral patrols as is herein after direfted, that then every fuch captain,
or commanding officer fo failing (jhall refpe&ively be fubjefl to, and pay the penalty ofc
five pounds fterling, to be recovered by warrant of diftrefs under the hand and feal ofJ*y,^ftth°tch®"
any juftice of the peace for the pariffi where fuch offence fhall be committed, and fSjAve11
fale of the offender's goods; and which fum fhall be paid to the commiffionerswKompaM
of the roads within fuch parifli, and by them applied towards repairing the bridges anded?howapph
caufeways within the fame ; and that the owners of fettled plantations and inhabitants
within each company diftriH may the better know to what patrol divifion they feve-
rally belong, the captains and commanding officers as aforefaid, fhall within ten days
#fter making out the fame, caufe copies thereof (igned by them to be affixed at the
l
42Q
SLAVES AND PATROLS.
?feprSro;ldlvi-es church and meeting-houfe doors, or other public places in their feveral diftri&s, and
up«puI5icet and (hall caufe another copy thereof to he entered in a book by the clerk of their
plaLei' company, that any perfon concerned may from time to time have recourfe to the
fame. And as all perfons, as-well women as men who are or may be owners of fet-
tied plantations in any parifh or diftrift ought in juftice to contribute to the fervice
and fecurity of fuch parifh or diftrift, Be it therefore enabled by the authority aforefaid,
car to That the captains or commanding officers of each company of foot militia fhall in
patTOiSftir their diftri&s make out and keep from time to time a fpecial patrol lift, for every fub-
each division, divided and diftinft patrol divihon, in which lift fhall be inferted the names of all
of whom com-owners of fettled plantations being within the fame, as well women as men, and
posed* as well alarm men as others, as alfo the names of all the male white inhabitants,
proviso. Provided, That every perfon having feveral plantations fettled in this province, fhall
not be fubjeft to, or obliged to do patrol duty in thofe divifions where fuch plantations
srovist. lie other than in fuch in which he or (he, fhall ufually refide, Provided alfo, That the
mafters and employers of all white male fervants who by this aft are obliged to do pat-
rol duty fhall and they arc hereby directed and obliged to furnifh fuch fervants with a
horfe and furniture for fuch fervice, and that under the penalty of one pound to be
recovered and applied in like manner as the penalties on captains or commanding of*
beers in this aft before mentioned.
«awe to per- 2. And be it enabled by the authority aforefaid, That all perfons, male or female*
£rn«,dutyin whofe names fhall be inlifted as aforefaid, fhall be liable to perform the patrol duty
of their refpeftive divifions feverally, fucceflively, and in turns; and on every mufter-
day, the captains or commanding officers of the feveral companies of foot militia
fhall, out of every patrol lift made out as aforefaid, prick off the names of any num-
Not exceeding ber not exceeding ten perfons, as well women as men, inhabitants and owners of^ and
re^ic^^n§ uPon plantations as aforefaid, all of whom fhall, by themfelves or others em-
«Ach muster- 'ployed and provided for that purpofe, feverally and refpeftively do and perform thb
patrolduty herein direfted, from fuch mufter-day until the next en filing mufter-day,
regularly, equally and fucceflively, the fa id captains or commanding officers as afore-
faid, always choofing, and they are hereby direfted to choofe the neareft fet of inha-
bitants fet down in the patrol lift as aforefaid; to do the duty together, that they may
be enabled to meet and affemble with the better conveniency and expedition: Provi-
prorL«. ded always, That it fhall and may be lawful for any perfon or perfons liable to do and
dwli i* wcei- perform the patrol duty prefcribed by this aft, and who may not choofe to do duty in
perfon, to employ a fufficient perfon to do, perform and undertake fuch duty on his*
her or their behalf, when their names fhall be pricked off as aforefaid: Provided afo%
proviso. That if any perfon or perfons fo liable and pricked off as aforefaid, whether man or
woman (except fuch woman hath not fix working flaves) fhall not, either by them-
felves, or bv a fufficient perfon on his, her or their behalf as aforefaid, do and per-
Kr^Iin0 form fuch duty, or fhall refufe to do and perform the fame, then and in every fuch
SiW.eteD cafe, the captain or commanding officer of fuch company of foot militia, to which
fuch perfon fo neglefting or refuting fhall belong, upon the report of the perfon ap-;
pointed to command fuch patrol, fhall and is hereby empowered to agree with any fuf-
ficient perfon at a certain price, not. exceeding ten ffiillings fterling per night, to da
duty for him or her fo neglefting or refuting, until he or fhe-fhall aftually procure
fome other white perfon, between the age of ftxteen and fixty years, to do patrol
duty for him or her; and the rate or price fo agreed upon by fuch captain or com-
manding officer as aforefaid, fhall be paid by the perfon whofe turn of duty fhall be
fo performed to the perfon performing the fame, according to his time of fervice^
SLAVES AND PATROLS.
421
and in cafe any perfon or perfons (hall fail to pay or fatisfy fuch other per Ton fo ap-
pointed for him, her or them fo neglecting, the price agreed upon by the laid captain
or commanding officer as aforefaid, upon demand thereof, then and in every fuch
cafe, it lhall and may be lawful to and for the faid captain or commanding officer
who agreed with fuch perfon, to levy the fame on the goods and chattels belonging to
the perfon fo failing, by warrant of diftrefs for that purpofe, direffed to any fer geant To be recover
of his company, or any conftable of the parilh in which fuch company fhall be elta- tK'nd
blifhed, which fergeant cr conftable ffiall be obliged, and he is hereby fully authori-ofthcofllter
zed or empowered to execute the fame, and ffiall be allowed for executing the war-
rant the fum of one Chilling, and twopence per mile for every mile he ffiall travel, to Fee,for execu_
be computed from the dwelling houfe of the faid conftable or fergeant, to the dwelling tins tlltt*me-
houfe of the defaulter.
3. And be it further enatted by the authority aforefaid, That the feveral captains patrol duty par-
and commanding officers of the feveral companies belonging to the town of Savan-
nah, fhall make out a general patrol lift of their refpeBive companies (including the j>urbs of sava*
horfe and alarm men as alfo women) except as before excepted, within their divifion,
and fhall prick off from fuch lift the names of ten perfons to perform patrol duty in
the faid town of Savannah, and as far as the outer line of the garden lots of the faid town
doth extend, which duty fhall be done and performed by the faid patrols refpe&ively
every night in rotation; the feveral patrols to meet, and theduty to begin at nine o'clock,
and be continued until day-light; and they ffiall and are hereby empowered to take
up all flaves wffiatever, which they ffiall find within the faid town, or within the limits
. aforefaid,'after the hour of nine o'clock at night who have not a ticket, or letter, or
other token, to ffiew thereafonablenefs of their being out, or who have not a white
perfon in company to give an account of his or their bufinefs; and fuch patrol may
correft every fuch flave or flaves belonging to any perfon reftding within the town of
Savannah, or within the limits aforefaid, by whipping with a fwitch, whip or cow-
fkin, not exceeding twenty laffies; but if the flave or flaves fo taken up and liable to
punifhment as aforefaid, ffiall belong to any plantation or fettlement being without
the limits aforefaid, fuch flave or flaves ffiall be, by the patrol who fhall take him, her
or them up, delivered to the warden or keeper of the workhoufe as fugitive flaves:
Provided ahvays, That nothing in this act contained fhall extend, or be conftrued toProv;..0
extend, to fubjeft the commander in chief for the time being, or any of the members
of his rnajefty's honorable council, and their clerk or officers, or of the Commonsauty*
Houfe of Affembly, or their clerk or officers, the public treafurer, the powder re-
ceiver, the commiffary general, nor any judges of the general court, or minifters of
the gofpel, cuftom-houie officers, or other officers commiffioned by virtue of his ma-
jefty's fign manual, the field-officers of the feveral regiments of foot militia in aftual
commillion, or the pilots or ferrymen in any part of this province, to ferve upon any
patrol duty in any diftriCt whatever, any thing hereinbefore contained to the contrary
notwithftanding.
4. And be it further enabled by the authority aforefaid, That the captain or com-chains ofpa,
manding officer of every company fhall have power in their feveral diftricts, from time Pu"'ted.
to time, to appoint one good and difcreet perfon from among the perfons fo pricked
off to do patrol duty as aforefaid, to be their commander, as loon as their names fhall
be fo pricked off as aforefaid, and if fuch perfon, being regularly appointed to com-
mand the patrol as aforefaid, fhall refufe to accept of fuch command, or after accept- 0nfam t0
ing thereof ffiall refufe or negleCt to do his duty as prefcribed by this aB, fuch perfon
fo offending fhall, for every fuch offence, forfeit and pay a fum not exceeding one
422
SLAVES AND PATROLS.
pound, to be adjudged by a majority of the commiflioned officers of the company out
Recovered by which ^Llc^ patrol fhall be pricked off; and levied in both cafes by diftrefs and fale
thcrusco/thc offender's goods, by a warrant for that purpofe, under the hand and feal of the
r°or- commanding officer of fuch company, to and for the ufe of the poor of the parifh
where fuch offence (hall be committed; and that the commander of every patrol may
have better authority to keep them in good order and demeanor during their time and
turn of duty, it ffiall and may be lawful to and for every fuch patrol commander, and
Swof jltrcSs. they are hereby direfted, empowered and required, on any default or mifbehaviour or
^?synot exce11^ negleft of duty, of any patrol man, to inflibt a fine upon him not exceeding the fum
iings.tenshil" often {hillings fterling, for the ufe of the patrols refpebtively, in which fuch negleft,
default or mifbehaviour fhall be committed, to be levied by diftrefs and fale of the of-
fender's goods, by virtue of a warrant for that purpofe, direfited to the conftable of
the cliftrift or fergeant of fuch company, under the hand and feal of the captain or
commander of the company from which fuch patrol, where fuch negleft, default or
mifdemeanor may happen or be committed, ftiali be pricked off, which conftable or
fergeant ffiall be obliged, and are hereby feverally authorized and empowered to exe-
Feeder- cute the fame, and ffiall be allowed for executing the warrant the fum of one {hilling,
Defined forty ^ and milage as is herein before directed ; and every conftable or fergeant refufing and
gSto?dfuty"e" neglefting to ferve fuch warrant direbled to him? ffiall be liable to a fine not exceeding
forty {hillings fterling.
5. And that the faid patrols may be the better able to fupprefs any mifchievous
deligns of negroes and other (laves during their time of fervice. It is hereby further
bfImw°uia-t0 ena^€<^ by the authority ajorej,aid. That every perfon pricked off or appointed, or
Snshim'igs.^ undertaking as a proxy for any other perfon liable to ferve in the faid patrol in pur-
fuance of, or by virtue of this a£t, ffiall provide for himfelf, and keep always in readi-
nefs, and carry with him on his patrol fervice one good gun or piftol in order, with
fix cartridges fuitable for fuch gun or piftol, and one good cutlafs under the penalty
of a fum not exceeding ten {hillings, for want of any fuch arms or amunition, at fuch
times and places as they ffiall be appointed by their refpefitive commanders, in their
Gbedientto of- feveral divifions, to whofe orders they ffiall on all occafions be refpeftively obedient
penalty of ten during their time of fervice, on pain of incurring a fine not exceeding twenty {hilling^
shillings, jevjec[ ky warrant under the hand and feal of the captain or commanding offi-
cer of the company from which fuch patrols fhall be pricked off, as is herein before
mentioned.
6. And be it further enaBed by the authority aforefaid, That every patrol ffiall go
^tra^night to, and examine the feveral plantations in their divifions at fuch times as they in their
difcretion ffiall fee fit, one night in fourteen at leaft, and may and ffiall take up all
{laves which they ffiall fee without the fences or cleared ground of their owner's plan-
Ssfive1s?'or" tations, who haye not a ticket or letter or other token to ffiew the reafonablenefs of
their abfence, or who haye not fome white perfon in company to give an account of
his, her or their bufinefs; and fuch patrol may correct every fuch fiave or flaves by
proviso. whipping with a fwitch, whip or cowfkin, not exceeding twenty laffies, Provided,
feit'fiveshu-" That if any patrol man, not having fufficient caufe, ffiall beat and abufe, any Have pea-
S^abu^ ceably and quietly being in his mafter's plantation, or found any where out of the
fame, having lawful or other token as is herein before direfited, fuch patrol man ffiall
for every fuch offence forfeit and pay the fum of five {hillings, and in cafe'of fuch
SLAVES AND PATROLS.
flave being maimed, difkbled or killed, (hall be fubjeft to the feveral penalties inflic- Andsubjeato
ted for fuch offences by the aft entitled " An aft for the better governing negroes and for maiming of
other (laves in this province, and to prevent the inveighling or carrying away (laves
from their matters or employers." And the faid patrols (hall have full power to fearch
and examine all negro houfes for olfenfive weapons and ammunition, and on finding
offensive wea-
any fuch, contrary to the before recited aft, fhall proceed as is therein direfted; and proceed on &d-
if any patrol fhall fee any fugitive flave or flaves endeavoring to avoid them by hi_inEtem-
ding or running into, or fhall hear of any fuch being harbored in any dwelling houfe
of a white perfon, the commander fhall afk leave of the owner of the faid dwelling
houfe or of fome white perfon then there, to fearch for, examine and apprehend the
faid fugitive flave, or ffiat the faid owner fhould deliver up fuch flave or flaves; and
in cafe the faid owner or other white perfon fo entreated,- fhall refufe to deliver up
fuch fugitive flave or flaves or to fuffer fearch to be made for them, the faid patrol or
any other white perfon having feen fuch flaves enter, fuch perfon fo refufing fhall
forfeit the fum of five pounds forever fuch offence.
7. This feftion is repealed by an aft of 1770.
8. And whereas many irregularities may arife by patrols drinking too much liquor p^,,, getthls
before or during the time of their being on duty: Be it further enabled by the authority ^ufinkes$i^
aforefaid, That any perfon whatever who fhall be drunk during the time of his fer-h9W
vice on the patrol, fhall be fubjeft to the penalty of a fum not exceeding ten (hillings,
to be recovered by warrant from any juftice of the peace, upon oath firft made there-
of, the fame to be applied to the ufe of the highways in the refpeftive dittrifts where
the offence fhall happen.
9. This and the next feftion repealed by aft of 1770.
11. And for better enforcing the performance of the feveral duties required by this SpSS5SdS2
aft, Be it farther enabled by the authority aforefaid, That the field-officers of each re-of
fpeftive regiment of foot militia within this province, or any of them, fhall be, and
they are hereby direfted and empowered to give fuch direftions and orders from time
to time to the feveral captains and other officers commanding companies in the regi-
ments to which fuch field-officers belong, as they fhall judge neceffary for the more
effeftually doing and performing the feveral duties by this aft required by them to be
done and performed, and on failure thereof by the faid feveral captains and officers
commanding companies aforefaid, the faid field-officers, or any of them, are hereby
direfted and enjoined to caufe the feveral fines and penalties mentioned in this aft to
be ftriftly levied, and applied in the manner herein before mentioned.
12. And be it further enabled by the authority aforefaid^ - That if any captain or pe«on«snea
other officer, conftable, patrol man or other perfon, fhall be fued arretted or implead- this aft may*°
ed for any matter or thing which he fhall do, or caufe to be done, by virtue of or in ?iibtue.escne"
purfuance of this aft, it fhall and may be lawful for every fuch captain or other offi-
cer, conftable, patrol man or other perfon, to plead the general iffue, and give this
aft and the fpecial matter in evidence on the trial; and if a verdift (hall pafs againft
the plaintiff or plaintiffs, or that fuch plaintiff or plaintiffs fhall fuffer a non-fuit, or
difcontinue his or their aftion or fuit, then and in every fuch cafe, the court where
fuch aftion fhall be depending (hall tax and allow to the defendant his or their double £ubi?a!i2
cofts in every fuch fuit or aftion: Provided always. That this aft, and every thingPnmt9,
4<U
SLAVES AND PATROLS.
Cpnttnu iliow herein contained, fhall continue and be in force only for the term of three years, and
from thence to the end of the next feffion of the General Affembly, and no longer.
By order of the Commons Houfeof Affembly.
ALEXANDER WYLY, Speaker.
Bv order of the Upper Houfe.
JAMES HABERSHAM, Prefdent.
Council Chamber, November 18, 1765.
JAMES WRIGHT.
An aB to amend and continue an act for the ejlablifiling and regulating patrols, &n<£
for preventing any perfon from pur chafing provifions or any other commodities fromr
or felling fuch, 10 any flave unlefs fuch Jlave fhall produce a ticket from his or her out*
tier, manager or employer.
rmmbif 1' \ It 7"HEREAS, the feventh and ninth claufes of the " Aft for the eflablifhing
TV anc* regulating patrols, and for preventing any perfon from purchafing
provifions or any other commodities from, or felling fuch to any flave, unlefs fuch
flave fhall produce a ticket from his, or her owner, manager or employer," do refer
to the a6t of the General Affembly of this province, entitled " An a ft for the better
governing negroes and o.ther flaves in this province, and to prevent the inveighling or
carrying away flaves from their mailers or employers," of which aft his majefly hath
declared his royal difallowance and the feveral direftions therein contained and to
which the faid firft recited act doth refer, are thereby annulled and of non effect, by
no slave shaii means many inconveniences have arifen, to remedy which, Be it enaffed, That
gj'yfire*™, immediately from and after palling of this act, it fhall not be lawful for any Have,
oertaiacascs. unlefs in the prefence of fome white perfon, to carry and make ufe of fire arms, or any
offenfive weapon whatfoever, unlefs fuch flave fhall have a ticket or licenfe in writing,
from his mafler, miflrefs or overfeer, to hunt and kill game, cattle, or mifchievous
birds, or beafts of prey, and that fuch licenfe be renewed once every week, or
unlefs there be fome white perfon of the age of fixteen years or upwards in thecoma
pany of fuch flave, when be is hunting or {hooting, or that fuch flave be aflually car-
rying his mailer's arms to, or from his mailer's plantation by a fpecial ticket for that
purpofe or unlefs fuch flave be found in the day time aflually keeping off birds with-
in the plantation to which fuch flave belongs, lodging the fame gun at night within
proviso. the dwelling houfe of his mafler, miflrefs or white overfeer, Provided always, That no
flave fhall have liberty to carry any gun, cutlafs, piflol or other offenfive weapon
abroad at any time between Saturday evening after funfet, and Monday morning be-
fore funrife notwithflanding a licenfe or ticket for fo doing.
KHve 2* ^11d father enaBedj That in cafe any or either of the patrols eflablifhed,
grlXuSne"or to eflablifhed within this province, by virtue of the faid act on fearching and
examining any negro houfe for offenfive weapons, fire arms and ammunition, fhall
find any fuch, or in cafe any perfon fhall find any flave ufing or carrying fire arms or
other offenfive weapons contrary to the intent and meaning of this act, fuch patrol
or perfon or perfons may lawfully feize and take away fuch offenfive weapon, fire
arms and ammunition; but before the property thereof fhall be vefted in the perfon
SLAVES AND PATROLS.
4*5
or pcrfons who fhall feizc the fame, fuch perfon or perfons fhall within three days
next after fuch feizure, go before a juftice of the peace and fhall make oath of the
manner of taking thereof, and if fuch juftice of the peace after fuch oath made,
or upon due examination, fhall be fatisfied that the faid fire arms, offenfive weapon, or
ammunition fhall have been feized according to the directions and agreeable to the
true intent and meaning of this act, the faid juftice fhall by certificate under his hand
and feal declare them forfeited, and that the property is lawfully veftedin the perfon or
perfons who feized the fam,e. Provided always, Thatno fuch certificate fhall be grant- Provis,<
ed by any juftice of the peace, until the owner or owners of fuch fire arms or other
offenfive weapon fo feized as aforefaid, or the overfeer or overfeers who fhall or
may have the charge of fuch flave or flaves from whom fuch fire arms or other of-
fenfive weapon fo taken or feized, fhall be duly fummoned to fnew caufe why the
fame fhould not be condemned as forfeited, or in cafe of non-appearance, until
three days after the fervice of fuch fummons, and oath made of the fervice thereof
before the faid juftice.
3, 4, and 5 Prohibit perfons from trading with negroes without a licenfe obtained
in writing, permitting the faid negroes to trade—re-enafted by aft of 1770, feftions
31, 32, 33—vide the next law.
6. And whereas, it has been found that the number of perfons exempted in and
by the fourth claufe in the faid aft from the patrol duty, renders the faid duty very
burthenfome upon the inhabitants in the town of Savannah, who are by law obli-yet™s°yandn^a"
ged to perform the fame: Be it therefore enaBed, That the faid fourth claufe fhall
not extend, or be conftrued to extend, to exempt the feveral perfons therein men-
tioned, being above the age of lixteen and under the age of fixty, and refiding in
the town of Savannah, or hamlets of Yamacraw, Ewenfburgh, and the Truftees'
gardens, the governor or commander in chief for the time being, and minifters of
the gofpel only excepted from being fubjeft to fuch patrol duty in the faid town of
Savannah and hamlets aforefaid, in the fame manner, and liable to the fame penal-
ties and forfeitures as in and by the faid recited aft is particularly mentioned and de-
clared.
7. And in order to prevent the nightly diforders and riots in the town of Savannah, NigIltly dig(W.
Be it further enaBed, That every patrol appointed and to be appointed to do duty in how to be pre-
the faid town by virtue of the faid aft, fhall be and they are hereby empowered in cafevented'
of any riot or difturbance being made by any diforderly white perfon or perfons
either in the ftreets, fquares, or lanes of the faid town or in any tippling houfe, tavern,
or punch houfe, within the fame or within the dittrift of the faid patrol, calling never-
thelefs a lawful conftable to their affiftance before they fliall enter fuch tippling houfe,
tavern, or punch houfe, to apprehend and take into cuftody fuch white perfon or per-
fons, and him or them fafely to keep until the next morning, except fuch perfon or
perfons fhall be apprehended and taken in any fuch tippling houfe, tavern or punch
houfe, in which cafe the conftable fo called to the affiftance of fuch patrol fhall con-
tinue in the charge of fuch offender or offenders, when fuch patrol or patrols fhall
deliver fuch offender or offenders to the cuftody or charge of fome one of the confta-
bles appointed for the faid town, \vho are hereby directed to take charge of fuch of-
fender or offenders and convey him or them, at or before the hour of nine in the
forenoon of the fame day, to fome one of the juftices of the faid town, who upon proof
of fuch offence, fhall and he is hereby empowered to inflift a fine not exceeding ten fhil-
jngs upon fuch offender or offenders^ be recovered by warrant under the hand and feal of
426
SLAVES AND PATROLS.
fuch juftice, and applied one half to the patrol who fhall apprehend, and the other
half to the conftable, having charge of fuch offender or offenders.
«S"°this*aand ^^ fUY^tr enaBed, That the faid before recited a£t, and this aft fhall con-
tfitf#rmerone. tinue and be in force for and during the term of one year, and from thence to the end
of the next feffion of the General Affembly and no longer, any thing in the faid red-
ted aft, to the contrary thereof notwithftanding.
By order of the Commons Houfe' of Affembly.
N. W. JONES, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
Council Chamber, December 24, 1768.
Affented to.
JAMES WRIGHT.
An aB for ordering and governing [laves within this province, and for efablijhing a
jurifdiBion for the trial of offences committed by fuch flaves, and other perfons there-
in mentioned, and to prevent the inveighling, and carrying away flaves from their
mafers, owners, or employers.
i.T T 7HEREAS, from the increafing number of flaves in this province, it is ne-
preamble ceffary as well to make proper regulations for the future ordering and go-
verning fuch flaves, and to afcertain and prefcribe the punifhment of crimes by
them committed, as to fettle and limit, by pofitive laws, the extent of the power of the
owners of fuch flaves over them, fo that they may be kept in due fubjeftion and obe-
dience, and owners or perfons having the care and management of fuch flaves, may
be reftrained from exerciling unneceffary rigor or wanton cruelty over them.
Therefore be it enaBed, That all negroes, indians, mulattoes, or muftizoes, who now
are, or hereafter fhall be in this province, (free Indians in amity with this government,
and negroes, mulattoes, or muftizoes, who now are or hereafter fhall become free ex-
cepted) and all their iffue and offspring born, or to be born, fhall be, and they are
hereby declared to be and remain forever hereafter abfolute flaves, and fhall follow the
condition of the mother, and fhall be taken and deemed in law to be chattels perfonal
in the hands of their refpe&ive owners and pofleffoi.s, and their executors, adminiftra-
tors and afligns, to all intents and purpofes whatfcever : Provided always, That if
Proviso. any perfon or perfons whatfoever, on behalf of any negro, Indian, mulatto, or muf-
tizoe, do apply to the chief juftice, or juftices of his majefty's general court by peti-
tion, either during the fitting of the faid court, or before the chief juftice, or any of
their freedom, the juftices of the fame court, at any time in the vacation, the faid chief juftice, of
||n|apSed any of the faid juftices, fhall be, and he and they is, and are hereby empowered to ad-
mit any fuch perfon, fo applying to be guardian for any negro, Indian, mulatto, of
muftizoe, claiming his or her freedom, and fuch guardian fhall be enabled, entitled,
and capable in law, to bring an attion of trefpafs, in the nature of ravilhment of
ward, againft any perfon or perfons who fhall claim property in, or fhall be
in poffeflion of any fuch negro, Indian, mulatto, or muftizoe; and the defendant
or defendants, fhall and may plead the general iffue on fuch aflion brought, and the
fpecia! matter may and fhall be given in evidence, and upon general or fpecial ver-
di& found, judgment fhall be given according to the very right of the caufe, without
SLAVES AND PATROLS.
having any regard to any defed in the proceedings, either in form or fubftance, and if
judgment fhall be given for the plaintiff, a fpecial entry fhall be made, declaring that
the ward of the plaintiff if free, and the jury fhall affefs damages which the plaintiff's
ward hath fuftained, and the court fhall give judgment and award execution againlt
the defendant, for fuch damages, with full cofts of fuit, but in cafe judgment lhali be gi-
ven for the defendant, the faid court is hereby fully empowered to inflid fuch corporeal
punifhment, not extending to life or limb, on the ward of the plaintiff as they in their dif-
cretion fhall think fit : Provided always, That in any adion or fuit, to be brought in Pr0Tiso.
purfuance of the diredion of this ad, the burthen of the proof (hall lie on the plaintiff,
and it fhall always be prefumed that every negro, Indian, mulatto, or muftizoe, (ex-
cept as before excepted) is a Have, unlefs the contrary can be made appear.
2. And be it further enabled, That in every adion or fuit to be brought by anym»aions
fiich guardian as aforefaid, appointed purfuant to the diredion of this ad, the defen-
dant fhall enter into a recognizance, with one or more fufficient fureties, to the plain-
tiff, in fuch fum as the faid general court fhall dired, with the condition that he fhall Plaintiff*
produce the ward of the plaintiff at all times when required by the court, unlefs fuch
defendant fhall prove upon oath to the fatisfadion of the faid court, his inability to
produce fuch ward, and that whilft fuch adion or fuit fhall be depending andunde-
termined, the ward of the plaintiff fhall not be abufed or mifufed.
3. And for the better keeping flaves in due order and fubjedion, Be it further ^ eronst#
enaBed, That no perfon whatfoever fhall permit or fuffer any flave under his or permit their
r tit • ii- -i- • slaves t0 K°out
their care or management, and who lives or is employed in any town in this province,®™*1^®
to go out of the limits of the faid town or towns, or any fuch flave who lives in the ^!1cekdetwithout
country, to go out of the plantation to which fuch flave belongs, or in which plan-
tation fuch flave is ufually employed, without a ticket figned or fubfcribed by the
mailer or other perfon having the care or charge of fuch flave, or by fome other
perfon by his or their order, diredion and confent; and every flave which fhall be
found out of any town in this province, if fuch flave lives or is ufually employed
there, or out of the plantation to which fuch flave belongs, or in which fuch flave is
ufually employed, if fuch flave lives in the country, without a ticket as aforefaid, or
without a white perfon in his or her company, fhall be puniflied with whipping on
the bare back, not exceeding twenty lafhes.
4. And be it further enaBed, That if any perfon or perfons fhall prefume to givef^fg^gj^"
a ticket or lipenfe to any flave who is the property or under the care or charge of ano- wi&outVon^
ther, without the confent of the owner or other perfon having the charge of fuch ownC°rs.their
flave, he, fhe or they,'fhall forfeit to the owner a fum not exceeding five pounds,
over and above the damage that may accrue to fuch owner by the abfence of fuch
flave.
5. And be it further enaBed, That if any flave, who fhall be out of the houfe or staves bein^
plantation where fuch flave doth live, or is ufually employed, or without fome white
perfon in company with fuch flave, fhall refufe to fubmit to the examination of any
white perfon, it fhall be lawful for any fuch white perfon to purfue, apprehend and p«wi».
moderately corred fuch flave, and if fuch flave fhall affault and ftrike fuch white perfon,
fuch flave may be lawfully killed. Provided always, That proof be made of fuch af-
fault, or ftriking as aforefaid, to the fatisfadion of any two juftices of the peace, and
feven freeholders, to be fummoned for that purpofe; and if fuch proof cannot be
made to the fatisfadion of the faid juftices and freeholders, then and in fuch cafe,
the perfon or perfons killingJuch flave lhall forfeit and pay to the owner the value of
fuch flave fo killed, to be ascertained on oath by the faid juftices and freeholders,
1
4^8
SLAVES AND PATROLS.
and to be recovered, if exceeding the fum of eight* pounds, in the general court of
pleas in this province; and if not exceeding the fum of eight pounds, to be recover-
ed by the faid juftices by warrant of diftrefs and faie of the offender's goods; and in
cafe no goods can befound whereupon to levy fuch diftrefs, then the offender or of-
fenders fhall be committed by the faid juftices to the common jail, thereto remain
until the laid value fhall be paid, or for any time not exceeding fix months.
Penalties on 6. And be it further enabled, That if any {lave who fhall be employed in the lawful
Ks^rgbufineff or fervice of his mafter, owner, overfeer, or other perfon having the charge
HmK.0fof fuch flave, fhall be beaten, bruifed, maimed or difabled, by any perfon or perfons
not having fufficient caufe for fo doing (of which caufe any juftice of peace refpeft-
ively may judge) every perfon and perfons fo offending, fhall for every fuch offence
forfeit and pay the fum of five fhillings fterling, over and befides the damages herein
after mentioned, to the ufe of the poor of the parifh in which fuch offence fhall be
committed; and if fuch flave or flaves fhall be maimed or difabled by fuch beating
from performing his or her work, fuch perfon or perfons fo offending fhall alfo for-
feit to the owner of fuch flave, his or her lawful attorney, a fum not exceeding two
fhillings for every day of his loft time, and alfo the charge of the cure of fuch flave,
and fatisfaftion fhall alfo be made to the owner for the damage done to fuch flave,
and the damage to be afcertained by two freeholders of the neighborhood, one to
be named by the owner, or his or her attorney, and the other by the offender; and
in cafe the faid offender will not name one freeholder on his part, then fuch freehold-
er to be named by any juftice to whom the party aggrieved fhall apply; and the faid
penalty and damages fhall, upon lawful proof thereof made, be recoverable before
any one of his majefty's juftices of the peace; and fuch juftice before whom the lame
fhall be recovered, fhall have power to commit the offender or offendersJto jail, if
he, file or they, fhall produce no goods on which the faid penalty and damages may
be levied, there to remain until fuch penalty and damages fhall be paid, any law, fta^.
tute, ufage or cuftom to the contrary notwithftanding.
*iaeve?fiSow to 7* w^lereas the frequent meeting and affembling of flaves underthe pretence of
be dispersed, feafting may be attended with dangerous confequences; Beit further enabled. That
it fhall and may be lawful for every juftice affigned to keep the peace in this province
within his refpeftive parifh, upon his own knowledge or information received, either
to go in perfon, or by warrant or warrants direfted to any conftable or other perfon,
to command their afliftance any number of perfons as they fhall fee convenient, to
difperfe any affembly or meeting of flaves, which may difturb the peace or endanger
the fafety of his majefty's fubjefts; and every flave which fhall be found and taken at
any fuch meeting as aforefaid, fhall and may by order of fuchjuftice, immediately be
correfted without trial by receiving on the bare back not more than twenty-five ftripess,
with a whip, fwitch or cowfkin ; and fuchjuftice, conftable or perfon as aforefaid,
are hereby authorized and empowered to fearch albfufpefted places for arms, ammuc
nition, or ftolen goods, and to apprehend and fecure all fuch flaves as they fhall fuf-
peft to be guilty of any crimes or offences whatfoever, and to bring them to fpeedy
trial according to the direftion hereafter given by this aft : And in cafe any conftable
or other perfon fhall refufe to obey or execute any of the warrants or precepts of fuch
juftices or any of them within their feveral parifhes, or fhall refufe to affift the faid
juftice or conftable, or any of them, when commanded and required, fuch perfon and
perfons fhall forfeit and pay for every fuch offence a fum not exceeding five pounds
'* Juftices' jurifdidrion confined to thirty dollars.
vSLAVES AND PATROLS.
429
fterling, to be recovered by a warrant under the hand and feal of any other juftice of
the peace.
8. And be it further enabled, That upon any complaint being made to, or infor-Trui
mation received, by any juftice of the peace, of any offence being committed by any fen«s!ttin£C
flave or flaves within the parifh where fuch juftice is empowered to a£t, fuch juftice
fhall commit fuch flave or flaves to*the workhoufe, if any, or to the fafe cuftody of
any conftable of the faid parifh, and fhall without delay, by warrant under his hand
and feal, give notice of fuch commitment to any two or more of the neareft juftice or
juftices of the peace in the faid parifh, toaffociate with him, and by the fame warrant
lhall fummons a jury of not lefs than feven of the neighboring freeholders, to meet to-
gether with the faid juftices at a certain time and place to be by them appointed, not
exceeding three days after the apprehending and committing of fuch flave or flaves as
aforefaid, (unlefs it fhall appear neceffary for the faid.juftices, either for want of fuf-
ficient and pofftive proof or any other fufficient reafon to delay the fame,) and thejuf-
tices and jury fo affembled fhall caufe the flave or flaves accufed or charged as afore-
faid, to be brought before them, and fhall hear the accufation brought againft fuch
flave or flaves, and his or her defence, and proceed to the examination of witneffes
and other evidence, and finally hear and determine the matter brought before them as x
aforefaid, in the moft fummary and expeditious manner; and in cafe the offender
fhall be convibted of any crime not capital, the faid juftices or any two of them, fhall
give judgment for the inflibting any coporeal punifliment, not extending to the taking
away life or member, as they in their difcretion fhall think fit, and fhall award and caufe
execution to be done accordingly ; and in cafe fuch offender fhall be convibted of any
crime for which by law he or fhe ought to fuffer death, the faid juftices or any two of
them fhall give judgment and award execution of their fentence, by directing fuch man-
ner of death, and at fuch time, as the faid juftices with a majority of the jury lhall
think moft convenient, and which they fhall judge moft effectual to deter others from
offending in like manner. Provided neverthelefs, That in cafe the owner, truftee or Proviso,
other perfon fhall give fufficient fecurity to the faid juftices for the forth coming of
fuch negro or negroes, and of all expences that may attend fuch delay, then the faid
execution of fuch fentence fhall not be carried into effebt, but be fufpended until the
faid juftices or any two of them, fhall under their hands, lay a full ftate and report of
the cafe, evidence, verdibt and judgment thereupon, before the governor or cornman-
der in chief for the time being, and his pleafure be known thereon.
9. And be it further enabled, That as foon as the juftices and jury fhall be affem- o.«ht0heta-
bled as aforefaid, in purfuance of the direbtion of this a bt, the faid jury fhall take off
the following oath; I, A. B. do folemnly fwear, in the prefence of Almighty God,
that I will truly and impartially try the prifoner or prifoners brought upon his, her
or their trial, and a true verdict give according to evidence to the beft of my know-
ledge. So help me Godff
10. And for preventing the concealment of crimes and offences committed by
flaves, and for the more effeftual difcovery and bringing flaves to condign punifh-
ment, Be it further enacted, That the evidence of any free Indians, mulattoes, muf-
tizoes, or negroes, or flaves, fhall be allowed and admitted in all caufes whatfoever,sUvcs-
for or againft another flave, accufed of any crime or offence whatfoever; the weight
of which evidence, being ferioufly confidered and compared with all other circum-
t fiances attending the pafe, fhall be left to the juftices and jury.
11. And whereas, flaves may be harbored and encouraged to commit offences, and
concealed and received by free negroes; and fuch free negroes may efcape the puniih-
430
SLAVES AND PATROLS.
merit due to their crimes for want of fufficicnt and legal evidence againft them*. Be it
Evince ad- therefore further enabled, That the evidence of any free Indian or (lave fhall in like
inanner be allowed and admitted in all cafes againft any free negroes, Indians (free
Indians in amity with this government excepted) mulattoes or muftizoes, and all
crimes and offences committed by free negroes, Indians (except as before ex-
ceptcd) mulattoes or muftizoes, fhall be proceeded and tried by the juftices andjury
appointed by this a61 for the trial of flaves, in like manner as is hereby directed for
the proceedings and trial of crimes and offences committed by ftaves, any law, fta-
tute, ufage or cuftom to the contrary notwithftanding.
Certain crimes 1 2 . And be it further enabled, That the feveral crimes and offences herein after
particularly enumerated, are hereby declared to be felony, that is to fay, if any
(lave, free negro, Indian, mulatto or muftizoe (Indians in amity with this govern-
ment excepted) fhall be guilty of homicide of any fort upon any white perfon, ex-
cept by mffadventure, or in defence of his or her owner or other perfon under whofe
care and government fuch Have {hall be, or fhall raife or attempt to raife any infur-
reftion, or commit or attempt to commit a rape on any white perfon whomfoever,
every "fuch offender and offenders, his and their aiders and abettors, fhall, upon con-
viftion thereof, fuffer death; or if any {lave, free negro, Indian, mulatto or muftizoe,
(except as before excepted) fhall wilfully and malicioufly kill any {lave or other per-
fon as aforefaid, or fhall break open, burn or deftroy any dwelling houfe or other
building whatfoever, or fet fire to any rice, corn or other grain, tar-kiln, barrel or
barrels of pitch, tar, turpentine, rofin, or any other goods or commodities whatfo-
ever, or fhall fteal any goods or chattels whatfoever, or^delude or entice any flave
or flaves to run away, whereby the owner or owners of fuch flave or flaves fhall or
would have loft or been deprived of fuch flave or flaves, every fuch flave and flaves,
and his and their accomplices, aiders and abettors, fhall, upon conviftion as afore-
faid, fuffer death, or fuch other punifhment as the faid juftices andjury fhall in their
proviso. difcretion think fit: Provided, That fuch flave fhall have aftually prepared provi-
fions, arms, ammunition, horfe or horfes, or any flat, canoe, or other veffel, or
done any other overt aft, whereby fuch their intentions fhall be manifefted.
13. And whereas, the deteftable crime of poifoning hath frequently been commit-
Poisoning or be- ted by flaves: Be it therefore enabled, That not only fuch negroes, mulattoes or muf-
tizoes, as fhall adminifter poifon to any perfon or perfons, whether free or bound,
but alfo all and every negro, mulatto or muftizoe, who fhall furnifh, procure or
convey any poifon to be adminiftered to any flave or flaves, or to any perfon or per-
fons as aforefaid, and alfo all fuch negroes, mulattoes and muftizoes, as fhall be pri-
vy (and not reveal the fame) to the furnifhing, procuring or conveying any poifon
to be adminiftered to any perfon or perfons as aforefaid, fhall be deemed and ad-
judged, and all and every of them are hereby declared to be felons, and fuffer death
in fuch manner as the perfons appointed by this aft for trial of flaves fhall adjudge
and determine.
14. And for the encouragement of flaves to make difcovery of the defigns of
slaves giving others to poifon any perfon, Be it enabled, That every negro, mulatto or muftizoe,
LnnydTai^ntof wh° lhaN hereafter give information of the intention of any other flave to poifon
Sc'rcwarded.10 any perfon, or of any flave that hath furnifhed, procured or conveyed any poifon
to be adminiftered to any perfon, fhall, upon conviftion of the offender or offend-
ers, be entitled to and receive from the public of this province, a reward of twenty
{hillings, to be paid him or her by the treafurer yearly and every year, during the
abode of luch negro, mulatto or muftizoe in this province, on the day that fuch difcove-
SLAVES AND PATROLS.
431
ry was made, and (hall alfo be exempted from the labor of his or her mafter on that
day; and every juftice, before fuch information and conviction is made, is hereby
required to give a certificate of every fuch information, which certificate fliall entitle
the informant to the reward aforefaid: Provided always neverthelefs, That no flave pr<*aS0.
{hall be convifted upon the bare information of any other (lave, unlefs fome cir-
cumftanceor overt aft appear, by which fuch information fliall be corroborated to
the fatisfaftion of the faid juflices and jury.
15. And provided alfo, and be it further enaBed) That in cafe any flaves fliall b e Slaves Riving
convifted of having given falfe information, whereby any other (lave may have fuf- tion.iC-wToTe
fered wrongfully, every fuch falfe informer fliall be liable to and -fuffer the fame pu-
nifliment as was inflifted upon the party accufed, any law, uiage or cuftom to the
contrary notwithftanding.
16. And be it further enaBed, That in cafe any flave fliall teach and inftruft ano- s.aTesteach!
ther flave in the knowledge of any poifonous root, plant, herb, or other fort of a "nXluSffer
poifon whatever, he or fhe offending fliall, upon conviction thereof, fuffer death as
a felon; and the flave or flaves fo taught or inftruCted, ihall fuffer fuch punifhment, foment.1 pun*
not extending to life or limb, as fliall be adjudged and determined by the juflices and
jury, before \yhom fuch flave or flaves fliall be tried.
17. And be it further enaBed, That no negroes or other flaves fliall hereafter be Slav?s glv;ng
fuffered or permitted to adminifter any medicine or pretended medicine to any other KSm0™.
flave, but at the inftance or direction of fome white perfon owning or having the care Srawhltepe™
and management of the flave, to whom the fame is to be adminiftered; and in cafe corp'Sj^
any negro or other flave fliall offend herein, he or fhe fliall, upon complaint and,hiimeut
proof thereof made, to any juftice of the peace, fuffer corporeal punifhment not ex-
ceeding fifty ftripes.
18. And in order to difcourage any owTner of flaves from concealing any crime
committed by fuch flaves to the prejudice of the public welfare, Be it further enaBed, byfaw3toCb?i
That in cafe any flave fliall be put to death in purfuance of any fentence awarded by aPPrais'C!l.
direction of this aCt, the juflices awarding the fame, and the whole jury who found
him or her guilty, fliall appraife and value fuch flave fo to be put to death, on oath,
which appraifement and valuation fhall be certified to the treafurer of this province,
who is hereby authorized to pay the fame to the owner of fuch flave or his order,*
Provided, fuch appraifement and valuation does not exceed the fum of forty pounds No°tvto°exceed
fterling for any one flave, And provided alfo, That fuch flave or flaves at the time of £S!unds*
the committing the crime for which he, fhe or they, fliall be fo fentenced, fhall clearly ap-
pear to have been the property of an inhabitant of this province, or of fome perfon
having a fettled plantation therein whereon fuch flave or flaves at the time the faid
crime was committed, was or were employed.
19. And be it further enaBed, That the faid juflices or any of them are hereby au- AJ1 pers0Jls
thorized, empowered, and required, to fummon and compel all perfons whatfoever ghxevwen"
to appear and give evidence upon the trial of any flave, and if any perfon fhall neg- ttwl ^
left or refufe to appear, or appearing fliall refufe to give evidence, or if any mafter
or other perfon who has the care and government of any flave, fliall prevent and hin-
der any flave under his charge and government from appearing and giving evidence
in any matter depending before the juflices and jury as aforefaid, the faid juflices may,
and they are hereby fully empowered and required, upon due proof made of fuch
fummon being ferved, to bind every fuch perfon offending as aforefaid, by recogni-
* Repealed by aft of 1793> feft. 3.
432
SLAVES AND PATROLS.
zance with one or more fufficient fureties, to appear at the next general court to an-
fwer fuch their offence and contempt, and for default of finding fureties to commit luch
offenders to prifon, for any term not exceeding the'fpace of two months.
Masters con- 2 0. And be it jurther enabled, That in cafe the mafter or other perfon having.
shvtsPac'cu'sed charge or government of any flave who fhould be accufed of any capital crime, {hall
crime to for- conceal or convey away any fuch flave, fo that he cannot be brought to trial and con-
died pounds"if dign punifhment, every mafter or other perfon fo offending, fhall forfeit a fum not ex-
twwtypounds. ceeding two hundred pounds fterling, if fuch flave be accufed of a capital crime as
aforefaid; but if fuch flave be accufed of a crime not capital, then fuch mafter or
other perfon {hall only forfeit a fum not exceeding twenty pounds fterling, to be paid
to the treafurer for the ufe of the public.
Ses°nexc" 21' ^nd be it further enabled^ That all and every the conftable and conftables in
cespiEsed'oa" feveral parifhes within this province where any flave fhall be fentenced to fuffer
slaves. death, or other punifhment, fhall caufe execution to be done of all the orders, warrants,
precepts and judgments of the juftices hereby appointed, to try fuch flaves for the
charge and trouble of which the faid conftable or conftables refpeftively fhall be
paid by the public, unlefs in fuch cafes as, fhall appear to the faid juftice or juftices
to be malicious or groundlefs profecutions, in which cafes the faid charges fhall be
paid by the profecutors, for whipping or other corporeal punifhments* not extending
to life, the fum of five fhillings, and for any punifhment extending to life, the fum of
fifteen fhillings, and fuch other charges for keeping and maintaining fuch flaves, as
are by the aft for erefting the workhoufe appointed; for the levying of which char-
ges again!! the profecutor, the juftices are hereby empowered to iffue their warrant,
and that no delay may happen in caufing execution to be done upon fuch offending
flave or flaves, the conftable who fhall be direfted to caufe execution to be done, fhall
be and he is hereby empowered to prefs one or more flave or flaves in or near the
place where fuch whipping or other corporeal punifhment fhall be inflifted, to -whip
or inflift fuch other corporeal punifhment upon the offender or offenders; and fuch
flave or flaves fo preffed fhall be obedient to, and obferve all the orders and direftions
of the conftable in and about the premifes, upon pain of being punifhed by the faid
conftable bv whipping, on the bare back not exceeding twenty lafhes, which punifh-
m.ent the faid conftable is hereby authorized and empowered to inflift ; and the con-
liable fhall, if he preffes a negro, pay the owner of the faid negro two fhillings out ofhis
fee, for doing the faid execution ; and in cafes capital fhall pay to the negro doing the
faid execution, the fum of two fhillings over and above the faid fee to his owner,
slaves not to 22. And be it further enabled, That it fhall not be lawful for any flave to carry
except" as litre- and make ufe of fire arms, or any offenfive weapon whatfoever, unlefs there be
m penned out. pome w|-)ite perfon of the age of fixteen years or upwards in the company of fuch
flave when he is hunting or fhooting, or unlefs fuch flave be found in the daytime,
aftually keeping off. birds or killing beafts of prey within the plantation to which
fuch flave belongs, lodging the fame gun at night within the dwelling houfe of his
mafter, miftrefs or white overfeer; and in cafe any perfon fhall find any flave ufing
or carrying fire arms or other often five weapon contrary to the true intention of this aft,
fuch perfon may lawfully feize and takeaway fuch offen five weapon or fire arms; but
before the property thereof fhall be veiled in the perfon who fhall feize the fame, fuch
perfon (hall, within forty-eight hours next after fuch feizure, go before the next juf-
tice of peace, and fhall make oath of the manner of the taking thereof; and if fucb
juftice of the peace, after fuch oath, fhall be made, or if upon any other examination.
SLAVES AND PATROLS.
433
he fhall be fatisfied that the faid fire arms or other offenfive weapons {hall have been
feized according to the direftions, and agreeable to the true intent and meaning of this
aft, the faid juftice fhall by certificate, underhishand and feal, declare them forfeited,
and that the property is lawfully veiled in the perfon who feized the fame : Provided pr0TiSo;
always, That no fuch certificate fhall be granted by any juftice of the peace until the
owner or owners of fuch fire arms or other offenfive weapon fo feized as aforefaid,
or the overfeer or overfeers who fhall or may have the charge of fuch Have or flaves
from whom fuch fire arms or other offenfive weapon fo taken or feized, fhall be duly
fummoned, to {hew caufe why the fame fhould not be condemned as forfeited, or un-
til forty-eight hours after the fervice of fuch fummons, and oath made of the fervice
thereof, before the faid juftice.
23. And be it further enaHed, That if any flave fhall prefume to ftrike any white siav« inking
perfon, fuch flave upon trial and conviftion, before the juftice or juftices according ^4°^t0be
to the direftion of this aft, fhall for the firft offence fuffer fuch punifhment as the
faid juftice or juftices fhall in his or their difcretion think fit, not extending to life or
limb; and for the fecond offence fuffer death: But in cafe any fuch flave fhall griev-
oufly wound, maim or bruife any white perfon, though it fhall be only the firft of-
fence, fuch flave fhall fuffer death. Provided always, That fuch ftriking, wound-Provi8o;
ing, maiming or bruifing be not done, by the command, and in the defence of the
perfon or property of the owner or other perfon having the care and government of
fuch flave, in which cafe the flave fhall be wholly excufed, and the owner or other
perfon having the care and government of fuch flave, fhall be anfwerable as if the
aft had been committed by himfelf.
24. And be it further enaHed, That it fhall and may be lawful for every perfon to Runawa^
take, apprehend and fecure any runaway or fugitive flave, and they are hereby di-Hveresdtobtehee"
refted and required, within forty-eight hours after fuch taking, apprehending and fe- men°tim!edr.em
curing (otherwife fuch perfon to be conftrued and taken as a harborer of fuch runa-
way or fugitive flave) to fend fuch flave, if convenient, to the mafter or other per-
fon having the care and government of fuch flave, if the perfon taking up or fecur-
ing fuch flave, knows, or can without difficulty be informed to whom fuch flave be-
longs, or fuch flave fhall be delivered into the cuftody of the mafter of the work-
houfe of the parifh, if any, but if none, to any conftable of the faid parifh; and
the mafter or other perfon who has the care or government of fuch flave, fhall pay
for taking up fuch flave, whether by a free perfon or flave, the fum of five fhillings
fterling, and the mafter of the workhoufe or conftable, upon receipt of every fugi-
tive or runaway flave, is hereby direfted and required to keep fuch flave in fafe cuf-
tody until fuch flave fhall be lawfully difcharged, and fhall, as foon as conveniently it
may be, advertife fuch flave in the public gazette, and alfo in the moft public place
in the parifh where fuch flave fhall be taken up, with the beft defcription he fhall be
able to give, firft carefully viewing and examining fuch flave for any brand or mark,
which he fhall alfo advertife, to the intent the owner or other perfon who fhall have
the care and charge of fuch flave may come to the knowledge that fuch flave is in
their cuftody; and if fuch flave fhall efcape through negligence, and cannot be taken
up in three months, the faid perfon fhall anfwer to the owner for the value of fuch
flave, or the damages which the owner fhall fuftain by reafon of fuch efcape, as the
cafe fhall happen.
25. And be it further enaHed, That the faid mafter of the workhoufe or confta- si*™ to be
ble fhall, at the charge of the owner of fuch flave, provide fufficient food, drink, of
T 37 the owners,
31
SLAVES AND PATROLS.
, clothing and covering for every (lave delivered into his cuftody, or on Failure thereof,
fhall forfeit all his fees, and for each day after he Ihall negletft to advertjfe as before
direbled, the fum of three flii! lings,
frmonstaking 26. And- be ftfurther ena&ed, That if any perfon fhall take up any runaway have,
and fhall deliver fuch flave either to the malter or other perfon having the care and
Accounrt^'e* charge of fuch llave, or to the conflable of the parifh, or the mafter of the work-
houfe, fliall be entitled to receive from the owner, or conltable of the parifh, or the
$ tile'work, mafter of the workhouft, twopence per mile for every mile fuch flave fhall have been
1'oiisc or con* ^ *
brought or fent, to be computed from the place where fuch flave was apprehended;
and if fuch fiave fliall be delivered into the cuftody of the conftable' of the parifh
aforefaid, or the mafter of the workhoufe, the perfon delivering fuch flave fliall give
an account of his name, place of abode, and the time and place when and where fuch
flave was apprehended; which account the faid conftable or mafter of the workhoufe
fliall enter down in a book to he kept for that purpofe, and fhall give a receipt for
any fuch flave which fliall be delivered as aforefaid into his cuftody ; and the faid con-
liable or mafter of the workhoufe is hereby fully authorized and empowered, to de-y
rnand and receive from the owner or other perfon having the charge or care of any
fuch flave, for negroes committed from the month of Oclober to March, inclufive,
for finding neceffary clothing and covering, to be the property of the mafter's, any
te^ofthewTki {"um not exceeding eighteen fhillings, and the feveral firms following, and no other
Se.andcoa'fum, fee or reward, on any pretence whatfoever, that is to fay: that for apprehend-
ing each flave, paid to the perfon who delivered fuch flave into cuftody, five fhillings;,
for mileage, paid to the fame perfon, twopence per mile; for a fufficient quantity of
provifion for each day for each Have, fixpence; for advertifmg every flave as dire£i-
" ed by this a£l, three fhillings and fixpence; for receiving each flave, fixpence; for
poundage on money advanced, one fhilling in the pound: and the faid conftable or
mafter of the workhoufe fhall and may lawfully detain atiy flave in cuftody, until
the fees and expences aforefaid be fully paid and fatisfied; and in cafe the owner of
fuch flave, or his overfeer, agent, manager, attorney or truftee, fir all neglefl or refufe-
to pay or fatisfy the faid fees and expences, for the fpace of thirty days after the fame
fhall be demanded by notice in writing, ferved on the owner of fuch flave, or (if the
owner is abfent from this province) upon his overfeer, agent, manager, attorney or'
truftee, the faid conftable or mafter of the workhoufe fliall and may expofe any fuch*
flave to fale at public outcry, firft giving ten days' notice of fuch fale, and after de-
duftirig the fees and expences aforefaid, and the charges of fuch fale, the overplus-
money arifing from fuch fale to be lodged in the hands of any one juftice of the pa-
riih where fuch fale fhall be made, and upon demand to be by him returned to any
perfon who has a right to demand and receive the fame,
jenaityoncon- 27- And be it further enabled. That if any conftable, or the mafter of the work-
tTrefXTork-houle fliall refufe to take into his or their cuftody any fugitive flave or (laves, and td'
gicdt of duty do and perform all the feveral fervices and duties required by the foregoing claufe,-
«odehneij. COnftab]e or mafter of the workhoufe fhall forfeit a fum not exceeding twenty;
pounds fterling, one half to be paid to the owner of fuch flave, and the other half tot
the poor of the parifh ; fuch 6ne to be recovered on proof being made-of fuch
offence being committed.
28. And for as much as for want of knowing or finding the owners of any fugitive flave
to be delivered to him as aforefaid, the faid conftable or mafter of the workhoufe may not
be obliged to keep fuch flave in his cuftody, and find aiid provide proviiions for fuch Oaves'
over and beyond a reafonable time ; Be it therefore enacted? That-if the owner or ownerf
SLAVES AND,PATROLS.
435
t)F fuch fugitive fl&vefi fliall not, within thefpaceof fix days fiom the tiide of advcr suyesnot
tiling, make ibis, her or their claim or claims, or it fliull not foe otficrwife madt
known to the faid conftable ofpjafter of the workhoufe ^jthin the time aforefaid, t(.
whom Inch committed Have fliall belong, the faid conftable flia.ll conpflini-tbe kid Have to
the cuftody of tfie mailer of the workhoufe in Savannah, who Ihall give a receipt
for the fame, and pay the conftable his fees and expences, as dire&ed by this acj;
i and the faid mailer of the workhoufe fhall, immediately and conftantly, adyertife in
the gazette of thii province for the fpace of eighteen months, and if not, claimed fti
that time, it fliall bedawful for the fuidtpafter of t)ie workhoufe to fell fuch Have at a
-public outcry, he firft advertifing fuch fale, together wi,th the reafons thereof, and out
of the money anting from fuch flave to dedutit or retain t;o him felf what) fliall be then
due for money by him diftmifed On receipt of fuch fugitive flave, and for his fees and
proviiions, together with the reafonable charges anting by fuch fale t and the over-
plus money, if any, fliall be rendered and jfaid by the faicl mailer of the workhoufe to the
treafurer of the province for the time being, in trull, neyerthelpff for the ufeof the owner
oro\yners of fuch Cave, Provided the fame be claimed by him, her or them, within one
year and a day afterl fuch fale, or in default of fuch claim w'ithin the time aforefaid,
f to be applied in, aid of the general tax fur any fum cr fums which fhall pr may have
keen paid for negroes publicly executed, Ptovided neverlhelefs, That on fu.fficientProv.3o>
proof of the property being in any perfon or perfons, at any time, the public lhali
be liable to, and repay the fame.
29. And be it farther ^naffed, That if any free perfon or any flave fliall harbo r, Person^ iurbor-
conceal, or entertain any flave that fliall runaway, or fliall be charged or accufed ol
any criminal matter, every free negro, mulatto, and muflizoe, and eyery flave that cpufnsie "
fliall harbor, conceal or entertain any fuch flave, being duly cqnvi&ed thereof ac-
cording to the direction of this a£l, if a flave fhall fuffer fuch corporeal punifhment,
not extending to life or limb, as the juflice or juftices who fliall try fuch flave fliall in
his or theirdifcretion think fit; and if a free perfon, fliall forfeit die fum of thirty fliil-
lings for the firft day, and three fliillings for every day fuch flave fliall have been ab-
font from his or her owner or employer, to be recovered and applied as in this a£l here-
after is direfled.
30. And be it farther enaffied. That if any perfon fliall be maimed, wounded
difabled in purfuing, apprehending or taking any flave that is fugitive, or charged|^c™o0,fe
with any criminal offence, or in doing any other act, matter or thing, in obedience to, the}StSe1.T
or in purfuance of the direction of this a£t, he fliall receive fuch rew7ard from the pub-
lie as by the General Affembly fliall be thought fitting and proper; an(J if any fuch
perfon fliall be killed fuch rewTard fliall be given and paid to his heirs, executors or
adminiftrators. ?
31. And be it farther -tnadted^ That if any retailer of ft rong< liquors, or any other'penaJtVoHpef-
perfon or perfons, fliall give or fell to any flave any beer or fpirifuous liquors w.hat-
foever, without the licenle or confent of the owner or fuch other perfon who fliall have
the care or government of fuch Have, every perfon fo offending fliajl forfeit a fum
not exceeding five pounds fterling for the firft: offence, and for the fecond offence
ten pounds fterling, and fliall be bound in a recognizance in the fum of twenty pounds
fterling, with one or more fuflicient Atretics before any one of the juftices of the peace for
theparilh where fuch offence fliall be committed, not to offend in like manner, and to
be of good behaviour for one year; and for want of fuch fufficient fureties to be com*
mitted to the neareft common jafl for i. term not exceeding three months.-
2
436 SERVANTS, NOT SLAVES.
32. And whereas many perfons purchafe provifions and other commodities from
flaves, by which the owners of fuch flaves are and may be great fufferers, fhould fuch
penalty on per-pernicious pra£lices continue, Be it therefore enabled, That immediately from and af-
wuhdav«f&c.ter the palling of this a61, any perfon or perfons whaifoever who {hall purchafe from,
or fell to, for money or barter with any have or (laves for any fort of provihon or other
commodities whatfoever, unlefs fuch (lave or (laves (hall produce a ticket from his, her
or their employer, owner or manager, allowing fuch (lave or (laves to difpofe of fuch
money, or purchafe or fell fuch provihon or commodity, (hall upon conviction
thereof, before any one or more juftice or juftices of the peace for the parifh where
fuch offence fhall be committed, forfeit a fum not exceeding ten pounds, to be appli-
ed one half to the poor of the faid parifh, and the other half to the informer, and (hall
find fufficient fecurity for his, her or their good behaviour for twelve months; and in
cafe of refufal to pay fuch penalty or find fuch fecurity, then and in fuch cafe he, (he
or they, (hall be by the faid juftice or juftices committed to the neareft common jail,
there to be and remain for and during the fpace of three months. Provided alwaysr
proviso. That it (hall and may be lawful for any (lave who lives, or is aflually employed, in
or near any town in the province to buy and fell fruit, fi(h, and garden (luff, and to
purchafe any thing for the ufe of their owner, manager or employer, in open market,
under fuch regulations as are or may by law be made and appointed concerning the
marketin fuch town or towns,
i dencead-s 33* w^ereas lt may many cafes be difficult to procure fufficient evidence or
5u£Sf proof of fuch offences being committed, Be it therefore enabled, That where any
(lave or flaves fhall declare, before any one or more juftice or juftices of the peace,
(of the probability of which declaration fuch juftice or juftices are hereby allowed to
judge) that any perfon or peiffons whatever are or have been guilty of fuch often-
ces, it (hall be taken for granted (fuch probability appearing) that fuch perfons are guilty
of the faid offences, and every fuch perfon (hall be and is hereby declared to be liable
to the penalties above infli&ed on perfons fo offending, unlefs fuch perfon (hall make
it appear upon oath, to the fatisfaction of fuch juftice or juftices, that he or (he is not
guilty of fuch offence.
penaitv on ew. 34- And be it further enabled, That no owner, mafter or miftrefs of any (lave, af-
permitting terthe paffing of this aft, (hall permit or fuffer any of his, her or their flaves to go
cut without ~ and work out of their refpe&ive houfes or families without a ticket in writing under
tickets. t^e forfejting t^e pum Qf thirty (hillings fterling for every fuch offence, to be
paid the onehalf to the juftices of the parifh, for the ufe of the poor of the parifh in
which the offence is committed, and the other half to him or them that will inform
or fue for the fame, and every perfon employing any (lave, without a ticket from the
owner of fuch (lave, (hall forfeit to the informer fifteen (hillings fterling for each
ftovb#. day he fo employs fuch (lave over and above the wages agreed to be paid fuch
(lave for his work. Provided neverthelefs, That the faid penalty of fifteen (hillings
each day (hall not extend to any perfon whofe property in fuch (lave is difputable.
35. And whereas feveral owners of flaves may peimit them to keep canoes, and to
breed and raife horfes and neat cattle, and to traffic and barter in feveral parts of this
province for the particular and peculiar benefit of fuch flaves, by which means they may
have not only an opportunity of receiving and concealing ftolen goods, but to plot
Sot'tc °r anc* confederate together and form confpiracies dangerous to the peace and fafety of
x^prtibeilw" whole province, Be it therefore enabled, That it (hall not be lawful for any (lave
Xjiabietobef0 to buy, fell, trade, traffic, deal or barter for any goods or commodities, (except as
before excepted) nor (hall any (lave be permitted to keep any boat, perriagua or ca«
\noe5 or to raife3 breed or keep, for the ufe and benefit of fitch
SLAVES AND PATROLS.
437
mares, and neat cattle, under pain of forfeiting all goods and commodities which fhall
be fo bought, fold, trafficked, traded, dealt or bartered for by any have, and of all
the boats, "perriaguas, canoes, horfes or cattle which any (lave fhall keep, raife or
breed for the peculiar ufe, benefit and profit of fuch flave; and it fhall and may be
lawful for any perfon or perfons whatfoever to feize, and take away from any Have,
all fuch goods, commodities, boats, perriaguas, canoes, horfes, mares or neat cattle,
and to deliver the fame to any juftice of the peace neareft to the place where the feiz-
ure fhall be made; and fuch juftice fhall take the oath of fuch perfon who fhall make
any fuch feizure, concerning the manner of feizing and taking the fame, and if the
faid juftice fhall be fatisfied that fuch feizure hath been made according to the direc-
tions of this a£l, he fhall pronounce and declare the goods fo feized as aforefaid, to
be forfeited, and fhall order the fame to be fold at public outcry, and the monies ari-
fing from fuch fale fhall be difpofed of and applied as is herein after directed. Provi- troy**,
ded always, That if any goods fhall be feized, which comes to the polfeffion of any
flave by theft, finding, or otherwile without the knowledge, privity, confent, or con-
nivance of the perfon who have a right to the property or lawful cuftody of any fuch
goods, the fame (hall bereftored on fuch perfons making oath before any juftice as ^be^tored
aforefaid, who is hereby empowered to adminifter fuch oath to the effeft; or in the stolen,
following words : " I, A. B. do fincerely fwear that I have a juft and lawful right 0ath<
or title to certain goods feized and taken by C. D. out of the polfeffion of a flave na-
med E. that I did not direflly or indireftly permit or fuffer the faid flave or any oth-
er flave whatfoever to keep and employ the faid goods for the ufe, benefit or profit of
any flave whatfoever, or to fell, barter, or give away*the fame, but that the fame
goods were in polfeffion of the faid flave by theft, finding or otherwife, or to be kept
bona Jide for the ufe of E. F. a free perfon, and not for the ufe or benefit of any
flave whatfoever. So help rpe God." Which oath fhall be taken as the cafe fhall
happen. Provided alfo, That it fhall be lawful for any perfon being the owner or proviw.
having the care and government of any flave who refides or is ufually employed in
any part of this province, without the limits of any town, to give licenfeor permiffion
to fell, exchange, or barter in Savannah or elfewhere within this province, the goods
or commodities of the owner or other perfon having the care and government of fuch
flave. Provided, That in fuch licenfe or permiffion the quantity and quality of the pron*.
goods and commodities with which fuch flave fhall be intrufted, be particularly and
diftinfclly fet down and fpecified, and figned by the owner or other perfon having
the care or government of fuch flave, or by fome other perfon by his or their order
and direflion.
36. And as it is abfolutely neceflary to the fafety of this province, that all due care
be taken to reftrain the wandering and meeting of negroes and other flaves at all times,
and more efpecially on Saturday nights, Sundays and other holy days, and their ufing
and carrying mifchievous and dangerous weapons, or ufing and keeping of drums,
horns or other loud inftruments, which may call together or give fign or notice to
one another of their wicked defigns and intentions, and that all mailers, owners, and
others may be enjoined diligently and carefully to prevent the fame, Be it enaffed, 8|avejrotind
That it fhall be lawful for any perfon whomfoever, to apprehend and take up any ne- Stiononffi*
gro or other flave that fhall be found out of the plantation of his or their mailer or StfckSJot
owner at any time, efpecially on Saturday nights, Sundays or other holy days, not to be taken op
being on lawful bufinefs and with a ticket from their mailer, or not having a white per-andwhippcd'
fon with them, and the faid Have or flaves met or found out of the plantation of his or
their mailer or miftrefs though with a ticket, if he or they be armed with fuch offenfive
weapons aforefaid^ him or them to difarm, take up, and whip; and whatfoever maf-
SLAVE: A ICD rATRCLS.
Pr or owner or ovcrfcer (hall permit or fwffcrhis or their (lave or (laves at any time
hereafter to beat drums, blow horns, or other loud inltrumcnts, or uholoev^r fhali
buffer and countenance any public meeting, or feafting of (trange (laves in their plan-
tjrions, (hall forfeit thirty (hillings (terling for every fuch offence, upon conviction* or
proviso. proof as aforefaid. P; ovided, an information or other fuit be commenced within one
month after forfeiture thereof,
silver not to 37- ^Ul^ ^further enaBed, That no (lave or (laves (hall be permitted to rent or
rentapyhouse, Jhre any hoitfe, room, (lore or plantation on his or her own account, or to be ufed
or occupied by any (lave or (laves; and any perfon or perfons who (hall let or hire
any houfe, room or plantation to any (lave or (laves, or to any free perfon to be oc-
cupied by any (lave or Haves, every perfon fo offending (hall forfeit and pay to the
informer a fum not exceeding twenty pounds.
S^Teevenx~ 3^* whereas it may be attended with ill confcquences to permit a great number
theKwav™®0^ f]aves to travel together on the high roads without fome white'perfon in company
person1 awhite Wlth diem : Be it therefore enaBed, That no men (laves exceeding feve„n in number,
(hall hereafter be permitted to travel together in any high road in this province, with-
out fome white perfon with them; and it (hall and may be lawful for any perfon or
perfons who (hall fee any men Haves exceeding feven in number, without fome white
■perfon with them as aforefaid, travelling or a (fern bled together in an-y high road, to
apprehend all and every fuch Haves, and may whip them, not exceeding twenty lafii-
es, on the bare back.
39. And whereas the having Haves taught to read or buffering them to be
,,fmT+„nnT,er_ employed "in writing, may 15c attended with great inconveniences: Be it therefore
ikv es jo write. enaBed, That all and every perfon and perfons whatfoever, who Hi all hereafter teach,
or caufe any Have or Haves to be taught to write or read writing, or (hall ufe or
employ any (lave as a fcribe in any manner of writing whatfoever, every fuch perfon
and perfons (hall, for every fuch offence, forfeit the fum of twenty pounds fterling.
46. And whereas the inhabitants of this province are liable to have their Haves in-
veigled, ftolen or carried away, and may receive great prejudice and damage by fuch
jcy/sfavS" unwarrantable and wicked practices: Be it therefore enaBed, That all and every perfon
or perfons who fliall inveigle, Heal or carry away any negro or other (lave or Haves,
or (hall hire, aid or counfel any perfon or perfons to inveigle, Heal or carry away as
aforefaid, any fuch Have or (laves, or that (hall aid any fuch (lave in running away,
or departing from his mailer's or employer's fervice, or (hall give a ticket or pafs,
whereby fuch Have (hall depart from the fervice of his or her faid owner, manager
or employer, (hall be, and he and they is and are hereby -declared to be guilty of
lony, and being thereof convifted or attainted, (hall (land mute, or will n6t direftly
anfwer to ]the endiftment, or will peremptorily challenge above the number of twen-
ty of the jury, fliall fuffer death as felons, and be excluded and debarred of the be-
nefit of clergy.
Mtponnjv 41. And he it further enaBed^ That if any perfon-fliall on the Lord's day, com-
J^^sai^mpnly called Sunday, employ any Have in any work or labor, (work of abfolutene-
ceflity, and the neceffary occalions of the family only excepted) every perfon fo of-
fending fliall forfeit and pay the fum of ten (hillings for every (lave he, (he or they (hall
fo caufe to work or labor.
42 Prefcribes the punifliment for killing Haves—repealed by the conftitution, and
^ by an aft in purfuanoe thereof.
Penalty on per, * i j i ■ . . n
SSalfttatwp- 43- ■«:ld whereas plantations fettled with Haves, without anywhifo man thereon,
tlsni'Uuta" inay harbors for runaway and fugitive Haves; Be it therefore enaBed? That no peir-
SERVANTS, NOT SLAVES.
fori or perfons hereafter {hall keep any flaves tm airy plantation or fettlement, uith-
out having a white man on fuch plantation or Jet-tlcment, under pain of forfeiting the
futn of five pounds Iterling for every month which any fuch perlbn fhall fo keep sr./
flaves on any plantation or fettlement, without a white man as aforefaid : and c\ery
owner of any plantation or fettlement, for every twenty-five flaves of the age of fix-
teen and upwards, which fuch owner fhall have thereon, fhall be, and is hereby obli-
ged to retain and keep in his or her fervice on fuch plantation or fettlement, one
white man, capable of bearing arms, under the pain of forfeiting five pounds per
month for every white man wanting thereon.
4£. And be it further enabled, That if any perfon fhall be at any time facd for rercons.inedf >r
putting in execution any of the powers contained in this a0, fuch perfon fhall and
may plead the general iifue, and give the fpecial matter and this aft in evidence; and imc."uicr,i la"
if the plaintiff be a non-fuit, or a verdift pafs for the defendant, or if the plaintiff" dif-
continue his aftion, or enter a noli profequi, or if upon demurrer judgment be given
for the defendant, every fuch defendant fhall have his full cofts.
45. And be it further enabled, That this aft, and all the claufes therein contained,
fhall be conftrued mod largely and beneficial for the promoting and carrying into j£"®nj'thfer
execution this aft; and for the encouragement and juftification of all perfons to be int0 cf*
employed in the execution thereof; and that no record, warrant, precept or commit-
incut, to be made by virtue of this aft, or the proceedings thereupon, fhall be rever-
fed, avoided, or any wife impeached by reafon of any default in form.
46. And be it enacted, That all fines, penalties and forfeitures impofedor inflifted Kcov!7Cd&
by this aft, which are not hereby particularly difpofed of, or the manner of the re- apphetii
covery direfted, fhall, if not exceeding the value of eight pounds fterling, be recov-
ered as is direfted in and by an aft for the more eafy and fpeedy recovery of fin a II
debts and damages, in the parifli where fuch offence fhall be committed, and in
cafe fuch fine, penalty or forfeiture, fhall exceed .the fum of eight pounds fterling,
the fame fhall be recovered by aftion of debt, bill, plaint or information in the gene-
~ral court of this province, and all the faid fines, penalties and forfeitures, which fhall
be recovered by this aft, and are not before particularly difpofed of, fhall be one
half to his majefty, his heirs and fucceffors, and to be paid to the treafurer, to be
applied in aid of the general tax, towards paying for fuch ftaves as are executed by
virtue of this aft, and the other half to the informer or informers.
47. And be itfurther enabled, That his majefiy's part of the fines, penalties and forfeit- f"ev*£bt^
ures, which fhall be recovered by virtue of this aft, fhall be paid into the hands of the juf- pujjicfbhiiils
tices, or in the court where the fame fhall be recovered, who fhall make a memorial or
Tecordof the fame, to the treafurer of this province, from the faid court of juf-
tices, who fhall receive his majelty's part of fuch fines and forfeitures : which memo-
rial fhall be a charge on the judges or juftices refpefctively to whom the fame fhall be
paid, and the treafurer of this, province for the time being fhall, and may, and he is here-
by authorized and epipowered'to levy rand recover the lame by warrant of diftrefs and
fale of the goods and chattels of the faid judges or juftices relpeftively, who fir all be
charged with the fame in cafe they or any of them ihall negleft or refufeto make fuch
memorial or record as aforefaid, or fend fuch tranfeript thereof as is before direfted,
or lhail negleft, or refufe to pay the fame over to the treafurer within thirty days af-
ter the receipt of the fame.
48. And be it furiher enabled, That this a£t fhall be deemed a public aft, and fhall rhNa^a^-
be taken notice of without pleading the fame, before all judges, juftices, magiftratej/0'^'
and courts within this province,
SLAVES, IMPORTATION OF.
Continuation. £nft fa fa farther enafted, That this aft fhall continue and be in force for and
during the term of five years, and from thence to the end of the then next feflion
of thh General Affembly, and no longer.
Kf?rc"0tiu° 5°' And be it farther enafted, That neither this aft, nor any part and claufe thereof,
£« w£diqjby be any f°rce or effeft, but the fame is wholly fufpended, until his moft facred
majefty's royal approbation and allowance thereof fhall be fignified to the governor
and commander in chief of this province for the time being, any thing.therein before
contained to the contrary thereof in any wife notwithftanding.
By order of the Commons Houfe of Affembly.
N. W. JONES, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
Council Chamber, May 10, 1770.
Affented to.
JAMES WRIGHT.
SLAVES.
An aft to prohibit the farther importation of Jlaves into this ftate.
frtambi*. *• "\TC7" HERE AS a praftice hath hitherto prevailed of importing great numbers
\ V °f flaves into this ftate for fale, from Africa'and elfewhere, which is not
confiftent with the principles of benevolence and humanity, t>r confonant with the true
i^portelfafter* iutereft and profperity of the ftate : Be it therefore enaftedby the Senate and Houfe of
•bfmonths. Reprefentatives of the fate of Georgia in General Affembly met, and by the authority of
the fame, That fix months after the pafling of this act, it fhall be unlawful for any per-
fon or perfons ; to import into this ftate, from Africa or elfewhere, any negro or ne-
groes of any age or fex, or to make fale or other difpofition of them by themfelves,
their agents or attornies, to the inhabitants of this ftate; and fuch perfon or perfons
fo offending, fhall, for the firft offence, forfeit and pay the fum of one thoufand dol-
lars, for every fuch negro fo imported, fold or otherwife difpofed of; and for every
fubfequent offence, the fum of one thoufand dollars, to be recovered by bill, plaint or
endiftment, in the fuperior court of the county where the offence fhall happen, one
half to theufe of any informer, who fhall profecute the offender to conviction, and
the other half to the ufe of the ftate.
SwiRhtftom 2- And be it farther enafted by the authority afarefaid, That three months from
•alefaft«rthree «tud after the pafling of this aft, if any perfon or perfons fhall bring into this ftate,
monthr. from any other ftate in the United States, any mulatto, muftizoe or negro flave or
flaves, of any age or fex, or make fale or other difpofition thereof to any of the inhabi-
tants of this ftate, all and every perfon and perfons fo offending, fhall forfeit and pay for
the firft offence the fum of five hundred dollars, and for the fecond, and every fubfe-
quent offence, one thoufand dollars, for every mulatto, muftizoe, or negro flave fo
brought into this ftate, fold or otherwife difpofed of, to be recovered in the fuperior
court of the county where the offence fhall happen, by bill, plaint or endiftment, one
half to the ufe of any informer, who fhall profecute the offender to conviftion, the
other half to the ufe of the ftate,
SLAVES IMPORTATION OF.
§. And to prevent any evafion, or conftruftion contrary to the true intendment of rw»nic«n.
this aft, Be it'enafted, 1 hat wherever it fhall appear to the fatisfaftion of a court X$£vmS?£*
and jury, that any perfon or perfons have a£lually brought fuch flave or flaves into
this hate, with a view or intention of making fale of the fame, and he or they be duly
convifted thereof, fuch perfon or perfons fhall be fubjeft to the fame penalties, as in Ml*-
cafes where the importation and fale, or other difpofition fhall have been made; and
the aft of bringing them into this ftate with fuch intention, and the aft of making
fale or other difpofition of them, fhall be feverally confidered and taken as a con-
fummation of the offence herein prohibited, and bepunifhable in the county where
either aft fhall be committed : Provided always neverthelefs, That nothing in this aft pr^a.
(hall be conftrued to prevent any perfon removing into this ftate from either of the
United States, and becoming a citizen thereof, from bringing with him any number
of flaves. And nothing herein contained fhall reftrain the fale or other difpofition of
(laves by the citizens of this ftate in their own right, and in the ordinary methods of
transferring that fpecies of property, unlefs it fhall be made appear that fuch prac-
tice is intended as a fraud upon this aft, and contrary to the true intent and meaning
thereof: And provided alfo, That from and after the time aforefaid, no perfon what- Provtsfc
ever fhall bring or caufe to be brought from any of the United States, any flave or
flaves, except fuch who are removing to this ftate, or fuch who have negroes left by
will or otherwife, in any of the United States; that before any fuch flaves be brought
to this ftate, the perfon intending to bring fuch flaves fhall firft make oath before the
court of the county (or juftice of the peace) from which he is about to remove or
■bring fuch flaves, that the flaves he is about to bring to Georgia are his own family
negroes, or fuch as have been aftually left him by will or otherwife, particularly fpe-
cifying the name, number and fex of fuch negroes, that a certificate, together with
the feal of the faid county annexed, fhall be by fuch perfon produced to a juftice of
the peace, after coming into this ftate; that fuch juftice is hereby required to give fuch
perfon a certificate of the fame, which fhall entitle him to pais to the county in which
he refides oris moving to; and within twenty days after his arriving in fuch county,
fhall go to the clerk of the fuperior court, and there make oath, that the negroes he
has brought with him are the Tame comprehended in the certificate aforefaid, which
certificate and oath fhall be filed of record in fuch office.
DAVID MERIWETHER, Speaker of the Honfe of Reprefentaiives.
DAVID EMANUEL, Prefident of the Senate.
Affented to January gi, 1798.
JAMES JACKSON, Governor.
An aft fupplementary to an aft, entitled "An aft for ordering and governingf&ves
within this fate (then province) paffed 10 th day oj May, 177 o, and for efablifhinga
jurifdiftionfor the trial of offences committed by fuch flaves and other perfons there-
in mentioned and to prevent the inveigling and carrying away flaves from their maf-
ten's, owners, or employer's, and for repealing fuch laws or claufes oj laws as militate
a gainf the fame.
T. XX THERE AS many perfons purchafe provifions and other commodities from
V V flaves, by which the owners of fuch iiaves are and may continue to be great
3 &
412 NEGROES, FREE, IMPORTATION OF.
personspurcha- fu'fferers fhould fuch pernicious pradices continue: Be it.therefore enacted, That from
&'?of n"L"oce« and immediately after the patting of this ad, any perfon or perfons whatfoever, who fhall
ft.tstninforfeit purchafe from, or fell to, for money, or barter with any Have or flaves for any fort of
*iXsh.un rei corn, rice, cotton, or other commodities whatfoever/unlefs fuch (lave or flaves fhall pro-
duce a ticket defcribing the article and quantity permitted to be fold, from his, her or their
employer, owner or manager, allowing fuch (lave or flaves to difpofe of fuch mon-
ey, or purchafe or fell fuch provihon or commodity? fhall, upon convidi#n before
any court having competent jurifdidion thereof, in the county where fuch offence
fhall be committed, forfeit the fum of three hundred dollars, to be applied one half
rn?appikdercd to the life of the county, and the other half to the informer, and fhall find fuffi-
cient fecurity for his, her or their good behaviour for twelve months; and in cafe of
orbe itnpri- ^efufal or inability to pay fuch penalty, or find fuch fecurity, then and in fuch cafe,
;;i£rtllrcche, fheor they, fhall be by the faid court committed to. the neareft common jail,
there to be and remain for and during the fpace of three'months, and to pay all law-
ful cofts and charges attending the fame. ' '
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativesa
DAVID EMANUEL, Prefident of the Senate.
Affented to December 6, 1799.
JAMES JACKSON, Governor.
NEGROES, FREE, IMPORTATION OF.
An act to prevent the importation of negroes into this fate from the places herein men-
Honed.
ill Sedion refpeds the importation of negroes—re-enaded by the conftitution.
Fr erfonsof 2* ^ Jur^ler enaHed, That all free negroes, mulattoes or muftizoes, who
color coming at any time after the paffing of this ad fhall come into this ftate, fhall, within thirty.
into tins state J . • i i i • 1 r t • 1 1 r
lyy^^^clays after their arrival, enrol him, her or themfelves in the clerk's office of the county
wherein they refidej and within fix months thereafter procure a certificate of two or
more magiftrates of the county certified by the clerk thereof with the feal of*
the county annexed, of his, her or their honefty and induftry, to entitle them
to the privileges of refidence in this ftate ; and in failure of fuch enrolment, or neg-
led of procuring fuch certificate, he, fhe or they,, fhall be fubjed to be taken up
and committed to the neareft jail, for a term not exceeding three months, or until
he, (lie or they, fhall give fecurity, by two freeholders, for his, her or their prifon;
fees, arid future induftrious and honeft behaviour.
t«||'forsuves 3. And be it further enafted That from and after the paffing of this ad, the ftate fhall'
tea.1 in noinftance be aiAerable for, or liable to pay the owner any confideration what-
ever for any negro nave or flaves who may fuft'er death by the laws of this ftate.
Expences in 4. And beatfurther enabled by the authority aforefaid, That'all expences and fees,
ffvc^owKto chargeable by any of the public officers, for profecuting anv negro fiave or flaves,.
convided of any crime not capital, again ft the laws of this ftate, fhall be paid by the
owner or owners of fuch fla\ e or flaves. But-in all cafes where any flave fhall be con-
videdofany crime v/hereby he, fhe or they, may fuffer death, the expences attending
SLAVES, MURDER OF. 443
the trial and execution of fuch {lave or (laves, fhall be paid by the county where they
fhall be executed.
WILLIAM GIBBONS', Speaker ofthe Houfe of Representatives*
BENJAMIN TALIAFERRO, Prefidcnt of the Senate.
December 19, 1793.
GEORGE MATHEWS, Governor.
SLAVES, MURDER OF.
An aft to carry into ejfebl the twelfth feblion of the fourth article of the Cdnfitutiort*
i4 T)E IT ENACTED, That if any perfon or perfons whofoever, fhall be char- wiifuH?e«
JL) ged with the offence of wilfully and malicioufly difmembering or maiming teVSy STve?"
any {lave or flaves, he, fhe or they, (hall be profecuted by endiclment exhibited MdJSKdSf
-againft him, her or them, in the fuperior court of the county within which fuch of- had bom1a1 x
fence may have been committed, in the fame manner as if the like offence had been wkiu pers°*'
committed on a free white perfon; and the fame mode of trial and rules of evidence
fhall obtain; and upon conviftion of any fuch offence, the fame punifhment {hall
be infli&ed or fine impofed, as by law would enfue, if the like offence or offences
had been committed on a free white perfon, except in cafe of infurreftion by fuch
flave, and unlefs fuch maiming or difmembering fhould happen by accident, in giving
fuch Have moderate correction.
2. And be it further enabled, That if any perfon or perfons whomfoever, fhall The fame rr.od-i
malicioufly deprive a flave or flaves of life, he, fhe or they, fo offending, fhall be andvneasure of
profecuted by endifctment in the fuperior court of the county in which fuch offence
may have been committed, in like manner as if the perfon or perfons charged had fc*-
perpetrated a like offence on any free white perfon or perfons whomfoever; and on all
fuch trials the fame rules of law and evidence fhall obtain, as on other trials for mur-
der. And if upon trial for fuch offence^ any perfon or perfons fhall be found guilty
of murder, he, (he or they, fhall fuffer fuch punifhment as would be infiifcted in cafe
the like offence had been committed on a free white perfon, that is to fay, fhall be
hanged, without the benefit of clergy; and if found guilty of manflaughter, {hall be
punifhed by branding, in like manner as is ufual in cafes where any perfon 01* per-
fons is or are conviQed of manflaughter, committed on a free white perfon or per-
fons, except in cafe of infurreftion by fuch flave, and unlefs fuch death fhould hap-
pen by accident in giving fuch flave moderate correction.
3. And be it further enabled, That in all profecutions for offences of this nature, Emnamcntfot
.committed by any white perfon or perfons upon any flave or flaves, it {hall be the how to
duty of the folicitor or attorney general preferring and profecuting fuch endiftmeni
or endiclments, to charge the offence or offences to be contrary to the conftitution
.and aft of the General Affembly of this ftate, in fuch cafe made and provided.
And the judge or judges prefiding on the trial or trials of fuch offender or offend-
ers, fhall be bound, upon conviftion by a jury, to pronounce fentence in like man-ssnteacs.
kner as if the like offence had beeh committed on a free white perfon, fo that fuch of-
2
Hi
STAGE CARRIAGES.
fender or offenders may be punilhed according to the true intent and meaning of
the twelfth feclion of the fourth article of the conflitution, and of this law.
DAVID MERIWETHER, Speaker of the Houfe of Reprejentativu.
DAVID EMANUEL, Prejidtnt oj the Senate.
AfTented to December 2, 1799.
JAMES JACKSON, Governor.
STAGE CARRIAGES.
An aB to fecure to Nathaniel Twining, Thomas Davis and Jofeph Grant, for the-
term of ten years, the fole and exclufve right of running a line of fage carriage*
between the city of Savannah and town of Augufa.
JfrSngr!lht lj T5 & IT ENACTED by the Senate and Iloufe of Reprefentatives of the fate of
N.Twiningnand -A-) Georgia in General AJfembly met, and by the authority of the fame, That
»*b«r8. Nathaniel Twining, Thomas Davis and Jofeph Grant, their heirs and afligns, {hall
have the fole and exclufive right of running a line of flage carriages, for the con-
veyance of paffengers and their baggage, between the city of Savannah and town
of Augufta in this ftate, for the term of ten years, to commence on the firft day of
Oftober, which will be in the year of our Lord one thoufand feven hundred and
ninety-fix.
Penalty on per- 2. And be it enabled, That if any perfon or perfons fhall within the faid term pre-
thefame. fume to run any flage carriage or carriages in any manner for fare or hire between
the places aforefaid, without the confent or concurrence of the faid Nathaniel
Twining, Thomas Davis and Jofeph Grant, under their hands and feals firft obtain-
ed; every fuch perfon or perfons fo offending, fhall forfeit and pay to the faid Na-
thaniel Twining, Thomas Davis and Jofeph Grant, their heirs and afligns, double
the amount of the fum demanded or received by the faid perfon or perfons for the
carriage or conveyance of any perfon or perfons to or from any part or place with-
in the limits of the faid city of Savannah and town of Augufta comprehending all
the different routes between the fame; to be recovered by the faid Nathaniel Twining,
Thomas Davis and Jofeph Grant, or their legal reprefentatives, by aflion of debt
before any magiftrate or court having cognizance thereof: Provided mverthelefs,
That the faid Nathaniel Twining, Thomas Davis and Jofeph Grant, fhall, within
the term of one year from the pafling of this a£l, commence and putin practice the
running the faid line of flage carriages, and continue the fame at leaft once every
week between the places, and to the end of the time or term aforefaid: Provided,
That the faid Nathaniel Twining, Thomas Davis and Jofeph Grant, do give bond
of one thoufand pounds, with good and fufficient fecurity, to his excellency the go-
vernor, for the running of ftages for the aforefaid term.
The aft 5* fa- 3. And be it further enabled, That the aft paffed at Augufta, in the year one thou-
Jbnan/M^Si fand feven hundred and ninety-three, veiling, on certain conditions, in William
aiad, Thompfon and Thomas M'Callthe fole and exclufive right of running a line of ftage
carriages between the city of Savannah and town of Augufta, not being carried into
TAVERN LICENSES.
effeft; on the part of the faid William Thompfon and Thomas M'Call, the fame
Hi all be and is hereby repealed.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BEMJAMIN TALIAFERROj Prejident ojthe Senate.
Concurred, February 12, 1796.
JLARED IRWINj Governor.
TAVERN LICENSES.
An actfor regulating taverns and reducing the rates of tavern licenfe,
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JO Georgia in General Affembly met, That from and after the palling of this a6t, h^etonhSS
any perfon or perfons wifhing to keep a tavern or houfe of entertainment, fhall peti- tta?n^thnemb"
tion the juftices of the inferior court, held for the county where fuch petitioner re- «c|ruyb°n*k
fides, and the court to whom fuch petition fhall be exhibited, fhall thereupon confid-
er the convenience of fuch place intended for a tavern, and having regard to
the ability of fuch petitioner to keep good and fufficient accommodations for tra-
vellers, their horfes and attendants, may at their difcretion grant a licenfe to fuch
perfon or perfons for the term of one year nextenfuing the date of fuch licenfe, and
from thence to the next inferior court held for the faid county and no longer, which
licenfe upon petition may be renewed from year to year if the court think proper ;
Provided always, That before iffuing fuch licenfe the court fhall caufe the petitioner previsw
to enter into bond with fufficient fecurity to be approved of by the court in the fum
of fifty pounds, conditioned for their keeping an orderly and decent houfe, with
good and fufficient accommodations for travellers, their .horfes and attendants; which
bond fhall be filed in the clerk's office, and fubjeft to be put in fuit upon any breach
thereof.
2. And be it further enabled, That the juftices of every inferior ^ounty court at Tavern we*
the firft term in every year, fhall fix and eftabliffi the rates and prices to be paid atteiferiS)*
taverns for liquors, diet, lodging, provender, ftabling and pafturage; and every forcx'S*?.
tavern keeper, fhall within one month after the rates fo eftablifhed, obtain of the
clerk of the faid court a fare table of fuch rates, which fhall be openly fet up in the
puUic entertaining room in every tavern, and there kept throughout the year, until
the rates fhall be fixed or altered again by the court, and then a copy thereof fhall be
again fo obtained and kept from time to time, under a penalty of ten pounds, on eve-
ry tavern keeper failing fo to do; and if any tavern keeper fhall demand and receive
any greater price for any liquor, diet, lodging, provender, ftabling or pafturage than
by fuch rate fhall be allowed, he, ffie or they, fo offending fhall forfeit and pay the
fum of two pounds over and above the fum extorted for every fuch offence to the
informer recoverable with coft before any juftice of the peace in the county where
fuch tavern fhall be.
3. And be it further ena&ed, That if any perfon fhall prefume to keep a tippling penalty f«r
houfe or retail liquors, or fell by retail any wine, beer, cider, brandy, rum, or other KSLwltlU),fc
fpirits or any mixture of fuch liquors in any houfe, booth, arbour, itall or other
-place whatfoever without licenfe firft obtained as aforefaid, he or they, fo offending
and being thereof convicted fhall forfeit and pay the fum of ten pounds, one half to
44'6
TAVERN LICENCES;
proviso; the informer, and the other to the ufe of the county, Provided always, That nothing
herein contained fiiall extend to prohibit any merchant from retailing liqu-ors, not lefs
than o-nte quart; nor to prevent any planter or other perfon from difpofing of fuch
brandy, rum, or whifky, as they may make from their own grain, orchards, ordiftille-
ries, fo that it be not fold in a lefs quantity than one quart, or drank or intended to
be drank at the houfe, {tore, or plantation, where the fame fhall be fo fold ; except in
the counties of Chatham, Liberty and Effingham, wherein it fhall not Jge lawful for
any merchant to difpofe of any quantity lefs than one gallon. •
Tavem Ucetfe 4- A iid be it further enacted, That each perfon petitioning for tavern licenfe as
two pounds. aforefaid5 fhall pay for fuch licenfe the fum of two pounds, which the clerk is direc-
ted to receive before figning or renewing the fame; for licenfe to keep a billiard table*
the fum of five pounds; and any perfon prefuming to keep any billiard table with-
out having obtained a licenfe in the manner herein before dire&ed for obtaining tavern
licenfe, fhall be fubje&to the like penalty as perfons prefuming to keep tavern with-
out having obtained licenfe.
Former 5. And be it further enabled, That all a&s heretofore made refpe&ing any thing
within the purview of this ah, fhall be, and the fame are hereby repealed: Provided
rKjt'in cor- That the corporation of the city of Savannah and Augufta fhall have the
porate towns, fole regulation and power of governing and directing taverns and granting licenfes,
within their feveral jurifdiftions.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
N. BROWNSON, Prefident of the Senate,
Concurred December 24, 1791.
EDWARD TELFAIR, Governor.
f See tax ad of 1800, fed. 2.
An abi for the better regulating of taverns, and for efablijhing a fund for building and
keeping in repair the court-houfes -and jails in the counties of this faie.
C.omrms.uoriers 2, Repealed by ah of 24th December, 1791.
to bFa p p oi n t cd 3* be it further enabled, That the judges of the fuperior court in each eourn--
courts su">er'or ty lhall, as often as they think proper, appoint three or more difcreet perfons to be
commiffioners of the jail and court-houfe, which faid comniiffioners, or one of them,
frSccnfS fhall receive the monies* arifing from licenfes in their refpehive counties, fines of de-
pued'tobdui faulting jurors, fines impofed by the court,and the forfeiture of recognizances, to be
a fund fet apart in each county, under the direhion of the judges, for building and
repairing the jail, court-houfe, pillory and flocks, and for the fupport of prifoners;
Munt'S1:,3"' and the faid commiffioners fhall exhibit their accounts on the firft day of each term
S™rth ths to the judges, flatirig in a clear and precife manner all the money by them received,
from whom and for what, as alfo all the monies paid by them, to whom and for what
purpofe, which faid account, if approved of, fhall be lodged in the clerk's office for
the free infpeQion of the inhabitants.
NATHAN BROWNSON, Speaker.
Augufla, February 1, 1788.
* All of this aft, except the application of fines, &c, repealed*
TAX.
447
An aB for impojing a tax on the inhabitant* of the /late of Georgia for the vfe ana fip-
port of the government thereof from the firjl day of January to the thirty-firjfc day of
December, in the year one thoufandfeven hundred and, eighty-three.
WHEREAS it is expedient that a fum fhould be raifed for the purpofe of defray- Preamble,
ing the contingent expences of this ftate, and paying the feveral officers there-
of their re ffljjjbive faiaries due from thefirft day of January laft, to the thirty-firft day
of December following.
1. Be it therefore enaBed, by the reprefentatives of thefreemen of this fate in Gene-
rat AJfembly met, and it is hereby enabled by the authority of the fame. That a tax be
raifed on the property of the inhabitants of this ftate, in manner hs herein after di-
redled, That is to fay, on every hundred acres of land, the fum of one quarter andncsroei.
of a dollar, on every negro, mulatto or other {lave, one quarter of a dollar; on
every town lot, one quarter dollar; on every free negro, mulatto or muftizoe, one
dollar ; on every male inhabitant of the age of twenty-one years, who* does not fol-
low fome lawful profeffion or mechanical trade, or who does not cultivate or caufe
to be cultivated five acres of land, two dollars.
2. And be it further enabled by the authority aforefaid, That all and every perfon A,istpftaxahl6
and perfons, who have any eftate or intereft in any lands, or negroes within this ^Snyto0the
ftate, fhall on or before the thirtieth day of November next after the paffing of^S*0100'
this adt, tender a particular account in writing upon oath, (or affirmation if a qua-
her) to the beft of his, her or their knowledge, unto the coliedlor of the feve-
ral diftridis, where he, fhe or they, fhall refpedfively refide, of all lands, town lots
and negroes, whereof he, fhe or they, is or are feized or poffeffed or interefted in,
liable by this adt,, to the rates and taxes aforefaid at fuch time and place as the collec-
tors herein after named fhall diredi and appoint, who are hereby required to give at
leaft thirty days' notice thereof by public advertifement in their refpedtive diftridis,
fpecifying the feveral rates aforefaid. And all and every the laid perfon and
perfons fo giving an account as aforefaid, fhall at the fame time pay to the faid Ta?teber^d.
coiledtors the feveral fums and taxes due from him, her or them thereupon, as by IkKntte
this aft is rated. propc?ty-
3. And be it further enabled by the authority aforefaid, That the faid collectors re-concaors_Eha.ii
Tpedtively fhall and they are hereby required to adminifter the oath following to all and oath to beta-"
r J J / M . . . & ken oy persons
every perlon and perlons at the time of receiving his, her or their account tint enter- |5£^the'r
ing fuch accounts in the lift or fchedule agreeable to the form to this adl annexed,
whereto the perfons fo paying their tax {hall refpedfively fubferibe their names-in the
column of the faid fchedule for this purpofe affigned: " I, A. B. do folemnly fwear Form thereof,
(or affirm as the cafe may be) in the pretence of Almighty God that the account now
given by me and delivered to the colledtors of the public tax doth contain a juft, true-
and particular account* of all the lands, negroes, and town lots by me poffeffed , in-
terefted in, or entitled to, either in my own right, or as attorney, guardian, execu-
tor or adminiftrator, or truftee, to any other perfon or perfons whatfoever. So help
me God."
4. And be it further enabled by the -authority aforefaid^ That in cafe any perfon or Ty to be?^
perfons who fhall give an account of their lands, town lots and flaves as herein before
required, and fhallmot at the fame time pay the fax thereupon due from him her or ^4.'
them as herein before diredled, or within twenty days after fuch account by him, her
- or them fo given-, that then it fhall and may be lawful to and for the feveral collectors.
44®
TAX.
and they are hereby refpedively required to caufe the fame to be levied as herein af*
ter mentioned.
SyK.ube'ax 5' ^ further enabled, by the authority afaefaid, That if any perfon or per-
«5> not give'iu f°ns whatfoever fhall negled or refufeto give an account of their refpedive lands,
tteir xctumw town lots, and negroes as aforefaid, at the time and in the manner as by this a£t is here-
in before direded, the colledors refpedively and either of them, fhall and they are
hereby feverally authorized and required within twenty days after the fald thirtieth day
of November to rate and afifefs every fuch defaulter or defaulters double the tax herein
and hereby impofed. And to prevent free mulattoes from evading the payment of
the tax.
6. Be it father enabled by the authority afaefaid, That every fuch perfon, who fhall
be reputed a mulatto fhall be affeffed as fuch, unlefs he or fhe can prove the contrary,
battels to be 7' ^furt^er enabled by the authority afaefaid^ That the feveral rates and
^ldoadefauitj taxes hereby rated and impofed fhall be levied on the goods and chattels of the de-
faulter or defaulters, by warrant under the hand and feal of the colledor or colleor
tors of the county wherein fuch defaulter or defaulters fhall refide, to be direded to
any conflableor conftables thereof, requiring him or them to levy the fame by diftrefs
and fale of the defaulter or defaulters goods and chattels, returning him or them the
overplus, if any after deducting the charges following, viz. for ferving every warrant
or execution one fhilling, and one fhilling in the pound for every pound levied, and
twopence per mile, to be computed from the dwelling houfe of the conftable, levying
the fame ; to the place of refidence of any fuch defaulter or defaulters: And the
KffiSSS. colors refpedively fhall and may take one fhilling and fixpence for every fuch
cwistabiesto warrant; and every conftable refufing or negleding to execute fuch warrant, or neg-
pwndsfwr^ leding or refufing to pay over the money fo levied, to the collector or colledor?
■eyU^eccived within three days from the receipt thereof, fhall for every offence forfeit and pay
er be Imprison- the fum of twenty pounds, to be recovered by-warrant of diftrefs of any juftice of
£vnt£?i the peace where the offence fhall be committed, on due proof thereof made before
him by any collector or colledors; and in cafe no goods or chattels of fuch offender
fhall be found whereon the faid diftrefs may be levied, then it fhallnd may be lawful
for fuch juftice of the peace to commit fuch offender to the neareft ammori jail, there
to remain for thefpace of three months, or until the faid fum of twenty pounds for
each offence negled or refufal be fatisfied.
retteftMtaf- & 4nd be it further enabled by the authority afaefaid, That the feveral perfons here-
^ apter namec[ fhaj] bej anci they are hereby appointed clledors for the feveral coun-
ties herein after mentioned refpedively, that is to fay, for the county of Chatham,
Edward Lloyed, for the county of Effingham, Theophilus Sundy, for the county of
Burke, Alexander Irwin, for the county of Richmond, Lewis Gardner, for the coun-
ty of Wilkes, Richard Ay cock, and for the counties of Liberty, Glynn, and Cam-
den, John Elliot, which faid coiledors refpedively fhall before their entering upon
mo shall take their office take the oath following before any juftice of the peace, that is to fay: "" I,
^following ^ ^ folemnly fwear that I will well and faithfully according to the belt of my
knowledge and ability (and fo that the public tax fhall fuftain no lols or damage from
any wilful neglect of mine,) obferve, execute, and perform the feveral matters and
things required of me to be done, and performed in and by an ad of the General Af-
fembly of this ftate, entitled " An ad for impofing a tax on the inhabitants of the
ftate of Georgia, for the ufe and fupport of the government thereof, from the firft:
day of January to the thirty-firft day of December, in the year one thoufand
TAX.
yen hundred and eighty-three, according to the true intent and meaning thereof.
So help me God."
9. And whereas, There are fundry trafts of land, and negroes, the proprietors
thereof are not refidents of this date, Be it further enabled by the authority aforcfaid,
That all attornies, truftees, executors, and administrators, or other perfons any wife Attorn u»b, frtw
concerned for abientees, (hall make due return to the collectors of the counties, ref-
peftively where they Shall refide, of the eftateand effects they iliall fu poffefs, or be in- mifewtiSc'
tereftedin, as attornies, guardians, truftees, executors or adminiftrators, or othcrwife,
and fhall and they are hereby made liable to the payment of the rates and taxes af-
feffed and impofed by this aft, out of their own eftate^ and effects in manner as here-
in before mentioned, unlefs fuch attorney or attornies, guardian or guardians, truftee u>; ouum tl ell1
ortruftees* fhall make oath before the collectors or one of them, that he has renounced rwTOncj.^"1
his power and attorney fhip before the tax became due, and without any intent to evade 11 * •«*'
the payment thereof, and every fuch attorney or attornies, guardian or guardians,
truftee or truftees, executors and adminiftrators, fhall and may deduct the tax he, Ihe
os they, fhall fo pay out of the effefts of the abfentee, in his, her or their hands, and in
cafe of no fuch effefts, every payment fhall and is hereby made a debt and charge upon
the lands and chattels of every fuch abfentee, his heirs and affigns, and fhall and may
accordingly be recovered at any time afterwards by theperfon or perfons paying the
fame, his, her or their executors or adminiftrators, in any court of record within this
ft ate.
10. And whereas. The public tax hath been evaded by perfons fettled on or near
Ihe banks of Savannah River, that hold or poffefs lands, on the oppofite fide thereof,
in the ftate of South-Carolina, by removing their flaves from this ftate, at the time of
collecting the tax, for remedy whereof. Beit further enafted by the authority afore-
faid, That all and every fuch perfon or perfons fo holding lands in both ftates at
time of giving an account of his, her or their lands and eftates, to the colleftors as
herein before required, fhall produce to fuch collector or colleftors, a receipt or cer- ^ustproT.cca
tificate from the colleftor or colleftors of tax in South-Carolina, of the number of
flaves for which tax fhall have been paid by him, her or them, for the prefent year; t°he numto'of
or otherwife fhall make oath before the colleftor or colleftors aforefaid, to the follow- that year, or
ing effeft, which they are hereby authorized and required to adminifter, viz. 6t That in!foatlfolluW~
he, flie or they, hath or have paid the public tax in the ftate of South-Carolina for the
prefent'year, for all his her or their flaves, other than fuch as are contained in theac-
count now-delivered to the colleftor or colleftors as aforefaid, purfuant to the direc-
tions of this aft." And all and every perfon and perfons who fhall refufe to produce
fuch receipt, or certificate, or to make oath as aforefaid, fhall be liable to pay tax for
the whole number of his, her or their flaves, and the faid colleftor or colleftors fhall in orwamnnt*
default of payment iffue warrants of execution for the fame as herein before direfted. thcni?samjt
11. And be it further enacted by the authority aforefaid, That the faid collectors c ,,.aowb
Tefpeftively fhall on or before the thirty-firft day of December next after the paffmgtheiAu^of
of this aCt, or within ten days after, clofe their accounts, and deliver the fame in per- Kc?ainytKe-
% , * turiu and p ty
fon, together with the tax lift aforefaid, and alfo an account of the lands held by abfen-ge®«y®y^®
tees or perfons not refidents in their feveral counties unto the public treafurer of this
ftate, and at the fame time fhall pay unto him, all fuch monies, as by them or either of
them fhall have been refpeftively received in pu'rfuance of this aft, alter deduftingfor
commifhonsatthe rate of onefhillingfor every pound, and at the rate of fixpence per Thfir commii-
mile for every mile they refide diftantfrom Savannah, or where the treafurer fhall refide,bluniand
3 L
450 TAX.
V
and the faid colleftors refpcftively lhall lign the tax lift by them delivered, and at the
lame time upon oath fliall deliver to the treafurer an account of their own lands, Haves,
andefiates, in like manner as by this aft is required of others to be given to them, and
Their property fhall pay the taxes for the fame accordingly, in default whereof, the lame lhall and may
SaedonVythebe affelfed and levied by the treafurer in manner as aforefaid.
Ai7de!S,&c. 12. And be it further enacted by the authority ofore/aid, That all deeds and convey-
Satax-wid ances whatfoever, of any kinds, tenements, goods or chattels, by any perfon orperfons
whatfoever, made with an intent to avoid being alfelfed or paying tax for the fame as
aforefaid, Hi all and are hereby declared to be fraudulent and void to all intents and
purpofes whatfoever.
«Seatoriaho 13* Arid he it further matted by the authority aforefaid, That the feveral colleftors
hi'rdSdpoundtor any or either of them, who llaall negleft or refufe to do and perform the feveral mat-
to the sute. ter^ ]iereby required of them refpeftively to be done within the time prefcribed by this
aft, fhall for every fuch negleft or refufal, forfeit the fum of one hundred pounds for
To be recover- the fupport of government of this Hate, to be fued for and recovered by the treafurer
TioiVuurt"^" in the fuperior court of this Hate. •
Theyeajurer 14. And be it enabled by the authority aforefaid, That in cafe any colleftor or col-
fir7d°^undsUn" ^e^ors ^all refufe or neglect to give in upon oath to the treafurer ajult and true ac-
warranttlrihe count afi monies received by him or them, or due to this Hate, on account of the tax
JatortSre? herein impofed within their feveral and refpective counties, by the time herein before
2rSto limited, and alfo a lift of all non-refidents whofetax has not been paid, and of all de-
jwthSmSney faulters in the faid counties, that then it fhall and may be lawful for the treafurer, and
shall commit he is hereby enjoined under the penalty" of one hundred pounds for each neglect or of-
.plies with this fence, by warrant directed to any conftable for the counties where the collectors may
a refpectively relide, under his hand and feal to commit fuch collector or collectors to
the moll common jail, there to remain until he or they Ihall have rendered upon oath
to the treafurer a full and fatisfactory account, and fhall have paid all fuch fums as
aforefaid by him or them collected, due to this ftate in his or their feveral and refpect-
ive diftricts by virtue of this act, and have paid the reafonable charges for fuch com-
mitment: And the feveral conftables for the county or counties wherein fuch col-
leftor or colleftors lhall relide, are hereby required to execute fuch warrant without
Sr"to«MBte and every fuch conftable refuling orneglefting to execute fuch warrantor com-
lhall, for every offence, forfeit and pay the fum of twenty pounds, to be
typouBds. recovered by warrant of diftrefs from any juftice of the peace in the county where
the offence lhall be committed, on a certificate from the treafurer of the manner of
fuch refufal or negleft, and which certificate is hereby declared to be fufficient proof.
And in cafe no goods or chattels of fuch offender may be found wThereon the faid
?dthrSpr!son" diftrefs may be levied, then it fhall and may be lawful for fuch juftice of the peace
Bwaths. tQ commjt fuch offender to the neareft common jail, there to remain for the fpace of
previs#. three months, or until the faid fum of twenty pounds lhall be fatisfied. Provided
neverthelefs, That if the faid colleftor or colleftors lhall prove upon oath, to the trea-
furer, that they haveufed every means direfted by this aft, for the recovery of the
tax due by the faid defaulters, and no effefts could be found whereupon to Ipvy the
fame, then, and in that cafe the faid colleftor or colleftors refpeftively, lhall not be
liable for or chargeable with the payment of the fums fo due from the defaulters as
. aforefaid. *
Treasurer to is- Blulviaju.
igaSeSit- 15* And he it further enabled by the authority aforefaid, That the treafurer fhall
and he is hereby empowered and required within ten days after he lhall receive any lift
or lifts of defaulters^ to iffue warrants under his hand and feal againft each of the de-
ers,
TAX.
faultcrs for fuch amount of taxes as fhall appear by the faid returns to be due by fuch
defaulters refpe&ively, whether the defaulters be fuch for themfelves, or as attornies
or agents for others, or otherwife, excepting as herein before excepted, to be directed
to any lawful condable or condables for the counties where fuch defaulter or default- wwchdnii i«
ers fhall rehde, requiring him or them immediately to levy the fame, by didrefs and ltIb1ibyaC011*'
fale of the defaulter or defaulters' goods and chattels, returning to the faid defaulter or
defaulters the overplus, if any, after deducing the charges following: for ferving
every warrant one drilling, and one drilling in the pound for every pound fo levied, Hiafees.
and twopence per mile for every mile the condable lhall go to execute fuch warrant,
to be computed from the dwelling houfe of the condable to the place where the levy
fhall be made or fold, and the faid treafurer diall and may take for every fuch war-
rant, two drillings and fourpence; and every condable refufmg or neglefcting to ex- Treasurer's
ecute fuch warrant, fhall for every fuch offence forfeit and pay the fum of twenty Sfai^onthe
pounds, to be recovered by warrant of didrefs of any judice of the peace for the refuel/to a«.
county where fuch offence fhall be committed on his receiving a complaint and
certificate thereof under the hand and feal of the faid treafurer : And all juftices ofpenaity0*
the peace are hereby ftri&ly required and enjoined under the penalty of dfty poundsjustice8,
for every refufal or neglect, to be aiding and adiding unto the faid treafurer in duly
carrying the directions herein contained into execution ; and in cafe the faid treafur-
er fhall negleCt or refufe to iffue fuch warrant or warrants, he diall forfeit and pay for ^thetr««s»r
every fuch offence, the fum of one hundred pounds, to be recovered by aftion of
debt, bill, plaint or information, in any fuperior court within this da*^.
16. And be it further enabled by the authority aforefaid, That in cafe there fhall Constabksmay
not be in any county or counties any condable who may be thought fufficiently ref-f"r®JSjJ
ponfible to execute the duties herein required by any judice of the peace to whom1"556*
the treafurer may think fit to enclofe his warrant, it fhall and may be lawful for fuch
judice of the peace to appoint a condable or condables for the fpecial purpofe or pur-
pofes herein before direCted. And fuch condable or condables fhall be entitled to
the fame fees, and liable to the fame penalties, as are herein before direded to be ta- £^bJiSt£!
ken and differed by any county condable as aforefaid. And every condable or con-
ftables who diall receive any taxes by virtue of any warrant or warrants from the
treafurer as aforefaid, is and are hereby dritlly dire&ed and required within three days
from the receipt thereof to pay over the fame, into the hands of the judice to whom
the treafurer diall have'enclofed his warrant under the penalty of twenty pounds as
aforefaid, and fuch juftice of the peace perfonally paying the fame unto the treafurer
diall for fuch fervice be allowed at the rate of dxpence per mile, travelling charges to justices'fees,
be computed from the houfe of fuch judice or judices to the town of Savannah, or
where the treafurer may refide.
17. And whereas the having a fair and jud account of all the property held within
this date, according to the real value thereof, will enable a future legifiature to lay an
equitable tax on the inhabitants of the fame. Be it therefore further enaBed by the au-
thority aforejaid, That all and every perfon andperfons liable to pay tax under this a general re,-
aCt, do and fhall at the time he, fhe or they,,fhall give in his, or their account of tax-
ables under the prefent law, (and all and every other perfon and perfons within this ^"/the'ie-
date having or poffeffing or be entitled to, or intereded in, any of the articles herein fi/e<Slihbiela?
after mentioned, either in his, her or theirjown right, or otherwife, fhall within the fametax'
time as is before limited for the aforefaid returns.) Alfo give in to the collectors of
the refpe£tive counties where fuch perfon or perfons refide, a fair and jud account
on oath, to the bed of his, her or their hnqwledge and belief, of ail negio and othet
'l
TAX,
flaves, diftinguifhing thofe under the age of ten years, and above the age of flxty,
from wjthin thofe periods. Of all lands, and their different qualities, whether on ill-
ands or on the main, held by grant, warrant, or otherwife, particularly diftinguifiiing
the quantity and quality under cultivation from that which is otherwife. Of all buil-
dings and improvements, with the fuppofed value thereof on fuch lands. Of all town
lots, or parts of lots with the buildings and improvements thereon, and their fuppofed
value, and if rented out, the rent thereof annually. Of the number of whites, their fexes
and ages, in fuch families refpeftively, Of all monies at intereft by choice, ftocks of
cattle, horfes, fheep and hogs. Of all veffels, boats, and wheel carriages, of any fort
,or kind whatfoever held or poffeffed by fuch perfon or perfons, or to which he, fhe or
they, fhall be in any wife entitled, or therein interefted, either in his, her or their own
!fenSrcfu?at right or otherwife. And any perfon or perfons neglefting or refufing to render and
give in fuch account as herein before required within the time for that purpofe limit-
ed, fhall forfeit and pay for fuch negleft or refufal, the fum of ten pounds, to be reco-
How^recovered vered by the faid tax colleftors for the county where fuch perfon or perfpns refides, and
an appie. jn tke fame manner as other penalties are by this law directed to be applied.
clneKnof16 And the faid colleftors are hereby direfted and required under pain of forfeiting
such-for every omifhon the fum of twenty pounds, to recover fuch penalty by war,
rant under their hands and feals and fale of the offender's goods and chattels if necef-
fary.
^riawd.ap" *8. And be it further enaHed by. the authority aforefaid, That the fines and penal-
ties by this aft inflifted, not herein before difpofed of, fhall be applied towards the.
fupport of government of this ftate.
By order of the Houfe.
WILLIAM GIBBONS Speaker^
Augufta, July 31, 1783.
An aBfor impofng a tax on the inhabitants of the fate of Georgia, and other ferfons-
holding property, real or perfonal therein^ for the ufe and fupport of the government
thereof from thefrf day of January to the thirty-firf day of December, in the year
of our Lord one thoufand feven hundred and eighty fve.
gamble. *• THEREA$ it is expedient that a fum fhouldbe raifed for the purpofe of
\ V difcharging the debts of 'this ftate, and for defraying the expences of gov,
ernment. Be it therefore enattedy by the reprefentatives of the freemen of the fate
of Georgia, in general affembly met, and by the authority of the fame, That a tax
of four fhillings for every one hundred pounds value of all lands within this ftate,
granted toy or furveyed for any perfon, fuch land and the buildings and improve-
ments thereon, fhall be eftimated at, fhall be levied on the fame according to the fol-
lowing mode, vi?.
£. s. d.
x«id,cii«ed& All tide fwamp, ("including iflands) cultivated and uncultivated, of the firil
rated according v /1 11 1 1
quality. quality, ihall be rated at, per acre, 4 17 6
Ditto of the fecond quality £.300; ditto of the third quality, 1176.
All pine barren lands adjoining fuch fwamp, or contiguous thereto, and
\yithin three miles of water carriage, at q 15 o.
Tax on all
lands granted
»rsurveyed.
TAX,
453
£. s. (I
All prime inland fwamp, cultivated and uncultivated, at an average of 3 7 u
Ditto of the fecond quality £. 1 17 6; ditto of the third quality 5 o 15 o
Pine barren lands adjoining or contiguous thereto 076
Salt marfh at O 3 $
High river fwamp or low grounds (including iflands) cultivated and un-
cultivated, including fuch as commonly called fecond low grounds, ly-
ing above Abercorn, and as high as the mouth of M'Bean's Creek,
on Savannah River, of the firft quality at 2 12 6
Ditto of the fecond quality £ 1 10 o; ditto of the third quality o 13 o
High river fwamp or low grounds (including iflands) cultivated and un-
cultivated, including fuch as are commonly called fecond low grounds,
lying above M'Bean's Creek, and as high as the mouth of Rae's Creek*
of the firft quality at Sid0
Ditto of the fecond quality £. 2 12 6; ditto of third quality at 1 26,
High river fwamp (including iflands) cultivated and uncultivated from
the mouth of Rae's Creek, to the mouth of Broad River, lying on the
river Savannah of the firft quality at 213
Ditto of the fecond quality £. 1 2 6; ditto of the third quality ° 7 6-
All good oak and hickory land (including iflands) cultivated and unculti-
vated, from the mouth of Rae's Creek, to the mouth of Broad River,
within one mile of the river Savannah, o£ the firft quality o 15 o
Ditto of the fecond quality £: o 7 6 y ditto of the third quality at 0 3 9.
All good oak and hickory land (including iflands cultivated and unculti-
vated, from the mouth of Broad River up the Savannah River, within
one mile of the fame and along the northernmoft ftream thereof (com-
monly called Keowee) to the marked line on the faid ftream, of the firft
quality at o 11 3
Ditto of the fecond quality o 5 7-; ditto of the third quality o 2 £
All good oak and hickory land (including iflands) cultivated and uncul-
tivated, from the mouth of Broad Rfver to the faid marked line or head
thereof, of the firft quality at 0 11 3
Ditto of the fecond quality £. o 5 ; ditto of the third quality 027-
All high river fwamp or low grounds (including iflands) cultivated and
uncultivated, including fuch as commonly called fecond low grounds
lying above the mouth of Canouchee Creek, to the mouth of Buck-
head Creek on the river Ogechee of the firft-quality ' o 18 9
Ditto of the fecond quality £. o 13 3; ditto of the third quality 039
AH good oak and hickory land (including iflands) cultivated and uncul-
tivated, from the mouth of Buckhead Creek to the head of Ogehee
River, of the firft quality at 0150
Ditto of fecond quality £. 07 6; ditto of the third quality o 3 9,
All high river fwamp or low grounds (including iflands) cultivated and un-
cultivated, including fuch as 3re commonly called fecond low grounds
from Cathead on the river Alatamaha, to the mouth of Ogechee River,
for the firft quality at 12 6
Ditto of the fecond quality £, 0113; ditto of the third quality 039
All high river fwamp or low grounds (including iflands) cultivated and
uncultivated, including fuch as are commonly called low grounds from
454 TAX,
jf t gt
the mouth of the Oconee River along the northern and fouthern ftreams
or up to the marked line, of the firft quality, at 1 10 o
Ditto of the fecon J quality £ o 15 o; ditto of the third quality O 39
All oak and hickory land (including illands above the flowing of the tide
on all the rivers from Cathead 011 the river Alatamaha to the river
St. Mary's, inclufive, to the marked line, of the firft quality, at 076
Ditto of the fecond quality £. o 3 95 ditto of the third quality o 1 ic-J
All other oak and hickory land throughout the ftate, of the firfh quality, at o 11 3
Ditto of the fecond quality £, o 5 7^-; ditto of the third quality 02 77
All other pine land throughout the ftate, 01 ioj
All lands on the fea-iflands, or lying on or contiguous to the fea-fhore,
ufually cultivated? or capable of cultivation in corn or indigo, of the
firfl quality, at 250
Ditto of the fecond quality £.12 6; ditto of the third quality, at o 11 3
toil tax. 2. And be it further enabled by the authority aforefaid, That the fum of four ftiil-
lings and eightpence fhall be levied on all free male white perfons from the age of
twenty-one years and upwards, who are entitled to vote at eleflions in this ftateXjand
Taxonnegroes. the fum of two {hillings and fourpence on all negroes and other flaves whatfoever, with-
in the limits of the fame, and the.fum of four {hillings for every one hundred
ontownrots. pounds value of every lot, wharf or other lands, and on all buildings within the li-
mits of any town, village or borough in this ftate, and the fum of nine fhillings and
onpicasurecar-fourpence upon every four-wheeled, and the fum of four {hillings and eightpence
nates. UpQn every two-wheeled carriage, except waggons, carts and drays, and the fum of
one pound one {hilling and ninepence upon all free negroes, mulattoes and muftizoes,
on free negroes. from twenty-one to fixty years of age, over and above any taxable property they
may be poffeffed of, and four {hillings for every one hundred pounds upon every
perfon's ftock in trade of perfons in trade, {hopkeepers and others, to be given in
upon oath, and the fum of one pound one {hilling and ninepence on every prafli-
on professional tioner of phyfic and law, and the fum of one pound one {hilling and ninepence on
c ara ers. ^ faQors, brokers and vendue mafters throughout this ftate.
»lydb?Sed. 3* And be it further enabled by the authority aforefaid. That in cafe difficulty ffiall
arifein the mind of any perfon with refpeQ to the claffing his land or valuating his
buildings, then and in that cafe, it may be lawful for fuch perfons to call in three free-
holders, who ffiall value and clafs the fame, and their certificate ffiall be received by
the receiver that fuch freeholders have been qualified by a magiftrate for that purpofe.
double tax on 4* fur^er ^tibled by the authority aforefaid, That all male perfons of
*»ieabsentees, the age of twenty-one years, holding uncultivated lands in this ftate, who ftiall have
been abfent from the fame for one year immediately preceding the time of making a
return, ffiall be doubly taxed, that is to fay, that the fum of eight {hillings for one
hundred pounds value of all lands within this ftate, {hall be levied on all fuch pro-
property by the colle&ors herein after particularly named: Provided nevsrthelefs,
That no member of congrefs or any other perfon fent from without the limits qf
Proviso ^ls ^ate ky ptiblic authority, ffiall he fubje&ed to the foregoing tax; And provided
alfo, That if iany perfon or perfons who ffiall be citizens and refidents in any one of
Cuinvatioa. the United States, ffiall cultivate and improve the lands which he or they hold in this
ftate, at the rate of three acres for every hundred acres thereof, the fame {hall be
deemed a fufficient cultivation and improvement to excufe him or them from the douT
hie tax within the meaning of this a&. A double tax fhall alfo be paid for all un-
On stock ia
trade.
TAX.
455
cultivated lands held by anyone individual over and above two thoufand acres; but
a cultivation and improvement as aforefaid, at the rate of three acres for every hun-
dred acres on each particular traft or body of lands within the fame lines, fhall be
deemed fufficient to excufe the owner of fuch land from the faid double tax. one receivert#
5. And be it further enabled by the authority aforefaid, That the mode of collefting ^xar^:^
the taxes fhall be as follows: each county fhall be confidered as divided into diftritts, ^[^"p^vof
which fhall he the fame as are now laid off for the feveral companies of militia in each suPerior
county. The fuperior court for fuch county fhall appoint one juftice of the peace in
each diftricf, or where there is no juftice of the peace, fome other difcreetperfon, to re-
ceive the returns of the taxable property agreeable to this aft ,and who fhall be entitled to
receive one pound per centum on the amount of the tax collected in their refpeftive
diftritts. The diftritts fhall be laid out and the receivers appointed by the fuperiorsent'
court of the county of Liberty for the counties of Glynn and Camden, in the coun-
ty of Burke for the county of Wafhington, and in the county of Wilkes for the
county of Franklin, until the fuperior courts can be held in the aforefaid counties of
Glynn, Camden, Wafhington and Franklin. It fhall be the duty of the receivers wir duty,
fo appointed to give public notice by advertifement to the inhabitants of the diftrift
of the time when they are to bring in their returns, at leaft thirty days before the time
appointed; he fhall alfo make out a return, including the whole fo received by him, and
alfo all the taxable property of non-refidents and fuch defaulters as negleft or refufeKoMww«nt»
to make their return within his diftrift, and tranfmit the fame to the clerk of the court e au
of the county. The faid clerk of the court fhall digeft the whole into one general re- SjSw «Srt
turn, containing a ftate of the taxable property of the whole county, one copy hisduty'
of which he fhall tranfmit to the treafurer of the ftate, and another to the colleftor of
the faid county appointed by this aft, and fhall alfo enter the fame in a book to be
kept in his office for the free infpeftion of the inhabitants. The returns of the re-
ceivers in the feveral diftrifts fhall be laid before the next fuperior court for their in-
fpeftion, and the grand jury forthe county fhall particularly exprefs their fentiments '
thereon. The collector, before he enters upon the duties of his office, fhall give bond, ISuISKma
with good and fufficient fecurity, in a fum not exceeding one thoufand five hundredandsecurity*
pounds, to his honor the governor for the time being and his fucceffors in office, to
be taken by the fuperior court for the county, for the faithful performance of'his of-
ftce; and in cafe of the death, or refufal, or neglect of fuch collector to enter into orothcr-
fuch bond, then fuch court is hereby authorized and required to appoint fome other wi£e4
perfon willing to accept the fame, who fhall, in manner required by this act, enter
into bond, and be vefted with all the powers by this act given to the collectors here-
in appointed. The collector fhall attend at not lefs than four different places within
the county for the purpofe of receiving the taxes, and fhall give notice in each dif-
trict by public advertifement at leaft fifteen days before, of the time and place where
he fhall give fuch attendance; and if any collector (hall prefume to execute the faid
office without having given bond and fecurity as aforefaid, fuch collector fhall forfeit t£hundred
and pay the fum of three hundred pounds fterling, to be recovered by any perfon whoKjtheofiS
fliall inform and fue for the fame. ST1 £l,lns
6. And be it alfo enabled by the authority aforefaid, That all perfons whatfoever, Returns to be
who are poffeffed of any lands granted to, or furveyed for any perfon or perfons ; ^tll»
(laves, carriages, either in their own right or in the right of any other perfon, or are lia-
ble to pay any other tax by virtue of this act, fliall on or before the firft day of June
next, render a particular account thereof in writing upon oath or affirmation, fetting
forth in what county the faid lands and (laves are to the beft of his or her knowledge,
TAX.
to the receiver in the diflrict where fuch pcrfons refldc, at fuch time and place as th*
faid receiver fhall direct and appoint, for the doing thereof, fo that the fame be doni
on or before the firft day of June aforefaid, which oath or affirmation ihall be in the
tiiBoith. words following : I, A, B. do fwear (or affirm as the cafe may be) that the account
which I now give in, is ajuft and true account of the quantify and quality of the
lands, and of the number of all flaves and riding carriages which I am poffeffed of,
intsrefted in or entitled unto, either in my own right, or in the right of any other per-
fon or perfons whatfoever, as guardian, executor, attorney, agent or truftee, or in
any other manner whatever, according to the belt of my knowledge information and
belief; and that I will give ajuft and true anfwer to all lawful queftions that may be
afked me touching the fame; and this I declare without any equivocation or mental
refer\ation whatfoever. So help me God." which oath or affirmation the receivers
fo appointed are hereby duly authorized enjoined and* required to adminifter.
7. And whereas there are divers tra&s of land and flaves in this flats held, owned
and claimed by perfons not refident here who pay no tax or other charges towards
the fupport of the government of this ftate. Be it therefore enaBed by the authority
Artt iiiiei, trt 3- aforefaid, That all attornies, and truftees, of or for any perfon or perfons living with-
nfmVeAdcntr>, out the limits of this ftate, fhall make due and true returns to the receiver in the dift
for"udir!b"eij-trid where fuch attorney or truftee lives and refides as aforefaid, of all lands and flaves
belonging to fuch abfent perfons for whom they are attornies or truftees, fhall be fub-
jeft and liable to pay the tax to become due by virtue of this ad, or which is due by
whosh n tw any former tax acts ; for fuch lands and flaves, out of his or their own proper eftates,
lErJwnt- notwithftanding fuch attorney or truftee, may renounce or difclaim ading as fuch be-
utcl. w " fore the faid tax is levied unlefs, fuch attorney fhall make oath before the receivers reft
or renounce on pc£tivtly that he hath bonafide renounced his power and attorney fhip before the pay-
tnent of the faid tax becomes due, without having done it only with an intention to
is due. avoid the payment of the faid tax. Provided always, That if fuch attorney fhall
within one year next after fuch oath made, again become attorney or truftee for fuch
abfent perfon or ad as fuch, every fuch attorney fhall be liable to pay the faid tax as
is herein before directed, any thing herein before contained to the contrary thereof
notwithftanding, and for levying whereof the fame remedies fhall be, and are hereby
given as for levying the tax to become due by virtue of this ad, on the proper eft ate
of fuch attorney or truftee.
Lani,<ndefauit 8. Audbe it alfo enaBed by the authority aforefaid, That in cafe any tracts of land
hcntee.s ' w to fhall be found by the receivers to belong to any perfon or perfons living or refiding
out of the limits of this ftate, and who have no attorne) or attornies, truftee or tiuftees,
legally conftitutedin this ftate, or which have'notbeen returned to any of the receiv-
ers appointed for any county where the lands lie, then and in fuch cafe the receivers
fhall be, and they are hereby authorized and required to charge the faid lands for the
payment of the tax herein impofed, according to the quantity and quality thereof, and
for all taxes due by virtue of any former tax act, ratably and proportionably ac-
cording to the quantity of acres, as if the fame were in the actual poffeffion of fome per-
fon or perfons living or refidingin this ftate, and forthwith for three fucceffive weeks
to publifli and give notice of fuch their charge and affeffment in the gazette; and in
caffi of non-payment of the faid taxes, the faid lands fhall thereafter be liable to be pro-
ceeded againft by attachment as herein after mentioned.
T*ax, how to tc 9. And be it enaBed by the authority aforefaid, That the feveral rates and taxes here-
counted. ky ratej an(j jjnpofed, fhall be levied on the goods and chattels of the defaulter or de^
faulters by warrant under the hand and feal of the collector or collectors of the coun*
TAX.
m
ty wherein fuch defaulter or defaulters {hall reftde, to be directed to any conftable or
conftables thereof, requiring him or them to levy the fame by diftrefs and fale of the
defaulter or defaulters' goods and chattels, returning to him or them the overplus, if constat^ fees*-
any after deducting the charges following, viz. for ferving every warrant of execu- wLrantTfdij.
tion one {billing, and one (hilling injthe pound, of every pound lgvi#ed, and twopence
for every mile to be computed from the towelling houfe of the conftable levying the
fame, to the place of refidence of every fuch defaulter or defaulters, and .the- collec-
tors refpectively fhall, and may take one (hilling and (ixpence for every fuch warrant, Colk&ors' fee»
and in cafe no goods and chattels of the defaulter or defaulters can be found, then it ranlS®wa
fhalland may be lawful to and for the colleBor or collectors of the county wherein Rea]estate'Iia.
any real eftate belonging to fuch defaulter or defaulters (hall lie, and he or they is or ^JerTonau®
are hereby required to caufe an attachment to be laid under his or their hands and
feals on fuch real eftate for the amount of the faid taxes and to caufe the fame to be
advertifed in the public gazette for three weeks fucceffively, at the end of which time
or as foon thereafter as the fuperior court (hall meet in fuch county, or in cafe of no
fuch court in fuch county, then as foon as the fuperior court (hall fit in the county
neareft thereto, the faid colleClor or collectors (hall, in cafe the owner or owners of
the faid land (hall (till be in default, make a return thereof to the faid court, and the
iury empannelled and fitting in the fame, (hall be and they are hereby required (with-Bya-judgme^
» 1 U- 11 l\ • j • n r I J r 1 J in the supenoc
out any emparlance being allowedj to give judgment againlt (uch defaulter or de-court,
faulters, for the amount of his, her or their taxes, together with cofts of fuit, and
thereafter an execution (hall iftiie founded on the faid judgment, which (hall be pro-
ceeded in by the (heriff, and a fale made of the faid lands in the fame manner, and
attended with the like cofts as for any other debt recovered by judgment.
10. And be it enaBed by the authority ajorefaid, That the feveral perfoqs herein Colleaorga^
after named, (hall be collectors for the feveral counties herein after mentioned,puinted'
viz. for the county of Chatham, Richard Wylly, efq, for the county of Liberty,
Gideon Dowfe, efq. For the county of Effingham, Abraham Ravot, efq. for the
county of Burke, Ifaac Walker, efq. for the county of Richmond, Joel Barnett,
efq. for the county of Wilkes, Walton Harris, efq. for the county of Wafhington,
William Fitzpatrick, efq. for the county of Franklin, John Barton, efq. for the
counties of Glynn and Camden, John Berrian, efq.
11. And be it alfo enaBed by the authority aforefaid^ That all perfons whofoever, Taxt
who are poffefied of any lands or (laves in this ftate in their own, or in the right ofMember,
others, or any ways liable to-pay tax by virtue of this aft, (hall pay in their taxes to
the feveral perfons hereby appointed to receive the fame, on or before the firft day
of December next, and the collectors (hall give a receipt, if required, to the perfon
paying the fame; and the faid collectors for the feveral counties refpeftively within
this ftate, (hall on or before the twentieth day of January next, clofe their accounts
and deliver the fame on oath to the treafurer for the time being, and after deducting
two pounds per hundred, as commiffions, pay the faid treafurer, all fuch monies as Colle^ort
{hall be by fuch collectors received in purfuance of this aft; and the faid receivers comKU>sloti»-
and collectors for each county, (hall give an account in writing upon oath as afore-
faid of their own lands and flaves, after the manner aforefaid, to the faid treafurer, and
pay the tax thereon according to the rates appointed by this aCt. . ^turned.
12. And be it alfo enaBed by the authority aforefaid, That any perfon or perfons Penaityforcow-
* in giving in, or rendering his or her account of lands or Oaves or other taxable pro- pr^my?xsbJi:
3 M
458
TAX.
perty, (hall wilfully conceal anj- part thereof, all fuch perfons fhall forfeit the value
of the fax for what they fo concealed.
tfSvcffi"2 *3* And be it alfo enabled by the authority aforefaid, That any perfon neglefting or
Si'ytaied. refufing to give in his or Jier account of the lands and (laves or other taxable proper-
ty to the receivers.aforefaid refpeftively, at fuch time and place as they (hall appoint
agreeable to this aft, or by the firft day of J[une next, at fartheft, he or (he (hall be
deemed a defaulter, and (hall be doubly taxed for all his or her lands or (laves or other
taxable property.
Ta^xprefmed 14. And be it enabled by the authority aforefaid, That the taxes impofed by this a61,
)>ecunic8'£|:iau ke preferre(j to au fecurities and encumbrances whatever; and that in cafe any
perfon (hall happen to die between the time of giving in his or her account to the faid
receivers, and the paying of his or her tax, and any goods or chattels of the deceafed,
to the value of the fum fo taxed, (hall come into the hands of his or her executors
or adminiftrators, or any executors in their own wrong, fuch executors or admini-
llrators (hall pay the fame by the time before limited, prior to all judgments, mort-
gages, or debts whatfoever; or otherwife a warrant of execution (hall iffue againft
AdmMstrators, the proper goods of fuch executors or adminiftrators; and if any perfon, between
^®"h°tesheir the time of rendering the account of his or her eftate to the receiver as aforefaid and
the time of paying in his or her tax, (hall be about to depart this ftate, the faid col-
^eftor is hereby direfted and required forthwith to levy the fame, notwith(landing
the day of payment is not already come, unlefs*fuch perfons will find fureties to the
diking of the colleftor for the payment thereof at the time of payment.
iDe&s.&c. 15. And be it alfo enabled by the authority aforefaid, That all deeds of gift, convey-
i ^edp^mentaS ances, mortgages, fales and aflignments of lands and tenements, goods and chat-
lenfand vo^d.' tels of any perfon whofoever, made with an intent to avoid paying the tax, are hereby
deemed and declared to be fraudulent, null and void to all intents and purpofes what-
Mortgageeiia- faeVer. And in cafe any perfon who has mortgaged any part of his eftate-real or
ca,ses for tax. perfonal, (hall refufe or negle6t to pay the tax for the fame, the mortgagee (hall be
anfwerable and liable to pay the fame. Provided, That fuch eftate (hall be in the
poffefiion of the mortgagee.
Fxeeution a-
16. And be it enabled by the authority aforefaid, That the treafurer for the time be-
co!!eitor/,mer ing, be and is hereby empowered and required to grant executions againft all forme-jr
' And present c°Me&ors of taxes, provided the fame are not paid into thetreafury on or before the
coikaors. firft day of May next; and againft all colleflors of the prefent tax hereby impofed
il the fame (hall not be paid on or before the time is elapfed for paying the fame ; and
if any colleftor or treafurer or other perfon (hall be fued for any matter or thing by
or t^iem done, in the execution of this aft, it (hall and may be lawful for fuch
perfon or perfons to plead the general iflue, and give this aft and the fpecial matter
in evidence; and in cafe judgment (hall be given for the defendant or defendants, or
the plaintiff (hall fuffer anon-fuit or difcontinue his aftion, the faid defendant orde-
fendants (hall recover colts of fuit.
©ne half of the 17. And be it enabled, That any perfon liable to pay tax (hall be at liberty to dif-
audited rer- charge one half of his, her or their tax in audited accounts or certificates, and the trea-
furer is hereby direfted to receive the faid moiety or one half, in audited accounts or
certificates from the colleftors of faid tax.
By order of the Houfe.
JOSEPH HABERSHAM, Spealtr.
Savannah, February 21, 17$$.
TAX.
459
An uB for impofng d tax on the inhabitants of the /late of Georgia, and other perfons
holding property real or perfonal therein, for the ufe and fupport of the government
thereof from the firji day of •January to the thirty-firf day of December, one thou-
fand feven hundred and eighty fix.
WHEREAS it is expedient that a fum fhould be raifed for the purpofe of dif- preamble,
charging the debt of-this ftate, and for defraying the expences of govern-
ment:
1. Be it therefore enaBed by the reprefentatives of the freeme7i of the fate of Georgiar^onminn
in General Ajfe7nbly met, and by the authority of the fame, That a tax of ten fhillings fey^e.aorktir'
for every one hundred pounds value of all lands within this ftate, granted to or fur-
veyed for any perfon, as fuch lands fliall be eftimafced at, fhall be levied on the fame
according to the following mode, viz.
All tide fwamp (including iflands) cultivated and uncultivated, of the firft quality, classedandrl.
lhall be rat£d at four pounds feventeen {hillings per acre; ditto of the fecond qua- todqaucacuty.ing
lity, three pounds; ditto of the third quality, one pound feventeen fhillings.
All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three
miles of water carriage, at fifteen {hillings.
All prime inland fwamp, cultivated or uncultivated, at an average of three pounds
feven {hillings.
Ditto of the fecond quality, at one pound feventeen fhillings.
Ditto of the third quality, at fifteen {hillings.
Pine barren lands adjoining or contiguous thereto, feven {hillings.
Saltmarfh, at four fhillings.
Eligh river fwamp or low grounds (including iflands) cultivated and uncultivated (im
eluding fuch as are commonly called fecond low grounds) lying above Abercorne,
and as high as the mouth of M'Bean's Creek on Savannah River, of the firft qua-
lity, two pounds twelve fhillings.
Ditto of the fecond quality, one pound ten fhillings.
Ditto of the third quality, fifteen fhillings.
High river fwamp or low grounds (including iflands) cultivated and uncultivated (in-
eluding fuch as are commonly called low grounds) lying above M'Bean's Creek, as
high as the mouth of Rae's Creek, of the firft quality, three pounds fifteen fhih
lings.
Ditto of the fecond quality, two pounds twelve fhillings.
Ditto of the third quality, one pound two fhillings.
High river fwamp (including iflands) cultivated and uncultivated, from the mouth of
Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the firft
quality, two pounds one fhiljing.
Ditto of the fecond quality, one pound two fhillings,
Ditto of the third quality, feven fhillings.
All good oak and hickory land (including iflands) cultivated and uncultivated, from
the mouth of Rae's Creek to the mouth of Broad River, within one mile of Sa~
vannah River, of the firft quality, fifteen fhillings.
Ditto of the fecond quality, feven fhillings.
Ditto of the third quality, four fhillings.
All good oak and hickory land (including iflands) cultivated and uncultivated, from
the mouth of Broad River up the Savannah River, within one mile of the fame,
%
TAX.
and along the northernmoft ftream thereof (common!/ called Keowee) to the
marked line on the fai'd ftream, of the firft quality, at eleven (hillings.
Ditto of the fecond quality, at (ix (hillings.
Ditto of the third quality, at three (hillings.
All good oak and hickory land, (including iflands) cultivated'and uncultivated, from
the mouth of Tugalo River to the faid marked line of the firft quality, eleven
(hillings.
Ditto of the fecond quality, at (ix (hillings.
Ditto of the third quality, at three (hillings.
All good oak and hickory lands (including iflands) cultivated and uncultivated, from
the mouth of Broad River to the marked line or head thereof, of the fir-ft quality*
at eleven (hillings.
Ditto of the fecond quality, at fix (hillings.
Ditto of the third quality, at three (hillings*
All high river fwamp or low grounds (including iflands) cultivated and uncultivated,,
including fuch as are commonly called fecond low grounds lying above the mouth
of Canouchee Creek, to the mouth of Buck-hekd Creek, on the river Ogechee*
of the firft quality, at nineteen (hillings*
Ditto of the fecond quality, at eleven (hillings.
Ditto of the third quality, at four (hillings.
All good oak and hickory land (including iflands)- cultivated and uncultivated, from
the mouth of Buck-head Creek, to the head of Ogechee River, of the firft quality*
at fifteen (hillings.
Ditto of the fecond quality, at feven (hillings.
Ditto of the third quality, at four (hillings.
All high riverfwamps or low grounds (including iflands) cultivated and uncultivated,
including fuch as are commonly called fecond low grounds, from Cathead, on the
river Alatamaha, to the mouth of Oconee River, of the firft quality, at one pound;
two (hillings.
Ditto of the fecond quality, at eleven (hillings.
Ditto of the third quality, at four (hillings.
All high river fwamp or low grounds (including iflands) cultivated and uncultivated,
including fuch as are commonly called fecond low grounds, from the mouth of Geo-
nee River, along the northern and fouthern dreams, or up to the marked line, of
the firft quality, at thirty (hillings.
Ditto of the fecond quality, at fifteen (hillings.
Ditto of the third quality, at four (hillings.
All oak and hickory land (including iflands) above the flowing of the tide on all the
rivers from Cathead, on the river Alatamaha, to the river St. Mary's ^inclufive,
to the marked line, of the firft quality, at feven (hillings.
Ditto of the fecond quality, at four (hillings.
Ditto of the third quality, at two (hillings.
All other oak and hickory land throughout this ftate,, of the firft quality, at eleven
(hillings.
Ditto of the fecond quality, at fix (hillings.
Ditto of the third quality, at three (hillings.
All other pine land throughout the ftate, two (hillings.
All lands on the fea iflands, or lying on or contiguous to the feafhore, ufually cultiva-
ted or capable of cultivation in corn or indigo,, at two pounds five (hillings.
TAX.
Ditto of the fecond quality^ one pound two {hillings.
Ditto of the third quality, at eleven {hillings.
21 And be it enabled by the authority aforefaid, That the fum of four fhillings and^ws-
^ightpence, fhall be levied on all free male white perfons from the age of twenty-one
years and upwards, who are entitled to vote at elections in this hate and the fum of
four {hillings on all negroes, and other haves whatfoever, within the limits of the Taxonnegroca.
fame; and the fum of ten fhillings for every one hundred pounds value of every
lot, wharf or other lands, and on all buildings within the limits of any town, village or on towniot®.
borough within this .ftate ; and the fum of one pound eight fhillings upon every four 0ncarriages,
wheeled, and the fum of fourteen fhillings upon every two wheeled carriage, except
waggons, carts, and drays; and the fum of twenty-one {hillings and ninepence upon
all male free negroes, mulattoes, and muftizoes from twenty-one to fixty years of
age, over and above any taxable property they may be poffefled of; and the fum
of forty {hillings for every ftudhorfe; and the fum of ten {hillings for every one hun- on studhorse*;
dred pounds value of every perfon's ftock in trade, of perfons in trade, fliopkeepers frade"ckin
and others to be given in upon oath ; and the fum of three pounds five fhillings and
threepence on every pra&itioner of phyfic and law; and the fum of three pounds onpraajtjnew
five fhillings and threepence on all faftors, brokers, and vendue mailers throughout Phrsic-
this ftate : Provided neverthelefsr That in cafes of extreme-indigence or infirmity, the Prov's<«
fuperior court of each couhty fhall be and they are hereby empowered to remit the
poll tax upon fuch indigent or infirm perfons appearing in court and claiming fuch in-
diligence.
3. And be it further enabled by the authority aforefaid, That in cafe difficulty fhall arife %*
in the mind of any perfon with refpeel to the claffing his land, or valuing his build-
ings, then and in that cafe, it fhall and may be lawful for fuch perfon to call in three
freeholders, who fliall value and clafs the fame, and their certificate fhall be received
by the receiver, as the value and refpeftive clafles of the fame : Provided, it fhall ap-
pear to the receiver that fuch freeholders have been qualified by a juflice for that
purpofe.
4, And be it further enabled by the authority aforefaid, That all perfons of the age
of twenty-one years, holding lands in this ftate, who fhall not refide within the limits tainca'es"
of the fame, or cultivate and improve his faid lands in manner as is herein after men-
tioned, fhall be doubly taxed, that is to fay, that the fum of one pound for every one
hundred pounds value of all lands within this ftate, fliall be levied on all fuch prop-
erty by the colleftors herein after particularly named : Provided neverthelefs, That
no member of congrefs or any other perfon fent from without the limits of the
ftate by public authority, fhall be fubjeft to the foregoing double tax. And provi- Proyhal
ded alfo, That if any perfon or perfons, who fliall be citizens or refidents in any
one of the United States, {hall cultivate and improve the lands which he or they hold cultivation;
in this ftate, at the rate of three acres for every one hundred acres thereof, the fame
fliall be deemed a fufficient cultivation and improvement to excufe him or them
from the double tax within the meaning of this a8:. Y A double tax {hall alfo be laid
for all uncultivated lands, held by any one individua\(whether refident or non-refi-
dent) over and above two thoufand acres, and under fix thoufand ; a treble tax onTrebretax
all above fix thoufand and under twelve thoufand ; and a fourfold tax on all above thousand a«e3t
twelve, and under twenty-four thoufand; and fo on in progreffion one fold higheraiuvdiruvediv0e
in proportion to the double of the laft grade ; but a cultivation and improvementth0WSandaCKS*
aforefaid at the rate of three acres for every hundred acres of land fuch individual
poffefies, fhall be fufficient to excufe fuch individual from the double tax aforefaid.
Receivers of ■ , And be it enabled by the authority aforefaid, That the mode of colle&ing the tax-*
be appointed gij fhall be as follows : each county fhaii be confidered as divided into diftri&s, which
lor cacb com- / ^ ( *
pany-of miutia. qlaq fame as are now 0ff for feveral companies of militia in each coun-
ty ; the fuperior court for each county (hall appoint one juftice of the peace in each
diftrift, or where there is no juftice of the peace, fome other difcreet. perfon to re*
ceive the returns of the taxable property agreeable to this act; and who fhaii be enti-
tied to receive thirty fhillings as a compenfation for his trouble, the fame to be paid
by the collector of the county out of the money received by him for taxes, or credit
him on his public account for the fame. The diftrict fhall be laid out and the re-
ceivers appointed by the fuperior court of the county of Liberty, for the county of
Glynn and Camden, until courts are held in faid counties; and the afiiftant juftices
for the counties of Franklin, Greene and Walhington are authorized and required at
the land courts in their refpective counties on the firft Monday in March next, to lay
out their diftricts and appoint the receivers of taxable property in each of the faid count
ties. And in cafe there Ihould not be a fufficient number of juftices collected at the faid
courts, or either of them, then and in that cafe it fhall be the duty of one or more of
the afiiftant juftices to fend out their fummons to each of the juftices of their county,
or fo many as may be a fufficient number to form a court, on the firft Monday in
April, to perform the aforefaid duty or duties. It fhall be the duty of the receivers
fo appointed to give notice, by advertifement to the inhabitants of the diftrict, of the
t|me when they are to bring in their returns, at leaft thirty days before the time ap-
pointed; he fhall make out a return, including the whole fo received by him, and al-,
fo the taxable property of non-refidents, and fuch defaulters as neglect or refufe to
make their returns within his diftrict, and tranfmit the fame to the clerk of the county,
i k fthe anc^ ^a^ at ^ fame £*ve an accoimt on oath of his taxable property : The
court, wsduty, faid clerk of the court fhall digeft the whole into one general return, containing a ftate
of the taxable property of the whole county; one copy of which he fhall tranfmit to
the treafurer of the ftate, and another to the collector of the faid county appointed
by this act; and fhall enter the fame in a book to be kept in his office, for the free
infpection of the inhabitants, and he fhall be paid for his trouble the fum of five
pounds by the collector as aforefaid. The returns of the receivers in the feveral diffi
tricts fhall be laid before the next fuperior court of the counties to which they are re-
turned for their infpection, and the grand jury for the county fhall particularly ex-
Collectors shaii prefs their fentiments thereon; the collector before he enters upon the duties of his of-
fjcSrit°yn.dand fice fhall give bond, with good and fufficient fecurity in a fum not exceeding fifteen hun-
dred pounds to his honor the governor for the time being, and his fucceffors in of-
fice, to be taken by the fuperior court for the county, or one of the affiftant juftices
of fuch county, for the faithful performance of the duties of the faid office, and fhall
Andtaketws take ^ following oath : 44 I, A. B. appointed collector of taxes for the county of
<»tk. 1 do folemnly fwear that I will faithfully difcharge the duties required of me
by law; and that I will not directly or indirectly, exchange or fuffer to be exchanged,
any gold or filver coin, that I fhall receive for or on account of taxes, for certificates
or paper of any denomination whatever, or drafts on the treafury for audited certifi.-
cates." And in cafe of the death, or refufal, or neglect of fuch collector to enter fuch
bond, or take fuch oath, then his honor the governor in council, is hereby authori-
zed and required to appoint fome other perfon willing to accept the fame, who fhall,
in manner required by this act, enter into bond, and be vefted with all the powers by
Their duty, this act given to the collectors herein after appointed: The collector fhall attend in
each diftrict of the county, for the purpofe of receiving the taxes, and fhall give notice
TAX.
463
in each diftrict by public "advertifement, at leaft fifteen days before, of the time and
place where he fhall give fuch attendance: And if any collector fhall prefume to exe-
cute the faid office wiihout having given bond and fecurity as aforefaid, fuch collector
fhall forfeit and pay the fum of one hundred pounds, to be recovered by any perfon
who fhall inform and fue for the fame. bona,&c.
6. And be it alfo enabled by the authority aforefaid, That all perfons whatfoever,
who are poffeffed of any lands granted to or furveyed for any perfon or perfons,
made on oath.
flave or flaves, carriages, either in their own right or in the right of any other per-
fon, or are liable to pay any other tax by virtue of this aft, fhall, on or before the
firft day of June next, render a particular account thereof in writing, upon oath or
affirmation, fetting forth in what county the faid lands and flaves are, to the beft of
his or her knowledge, to the receiver in the diftrift where fuch perfon refides at fuch
time, and as the faid receiver fhall direft and appoint for the doing thereof, fo that
the fame be done on or before the firft day of June aforefaid; which oath or affirm-
ation fhall be in the words following: " I, A. B. do fwear (or affirm, as the cafe oath,
may be) that the account which I now give in is a juft and true account of the quan-
tity and quality of the lands granted to or furveyed for me, which I now hold or lay
claim to, and of the number of all flaves, riding carriages, flock in trade, or any
other taxable property which I am poffeffed of, interefled in or entitled unto, either
in my own right or in the right of any other perfon or perfons whatfoever, as guar-
dian, executor, attorney, agent or truftee, or in any other manner whatever, accord-
ing to the beft of my knowledge, information and belief; and that I will give a juft
and true anfwer to all lawful queftions that may be afked me touching the fame; and
this I declare without any equivocation or mental refervation whatfoever. So help
me God.'' Which oath or affirmation the receivers fo appointed are hereby duly
authorized, enjoined and required to admimfter.
7. And whereas there are divers trafts of land and flaves in this ftate, held, owned
or claimed by perfons not refidents here, who pay no tax or other charges towards
the fupport of the government of this ftate: Be it therefore enabled by the authority Attornies,*-
aforefaid, That all attornies, truflees of or for any perfon or perfons living without to the tax out
the limits of this ftate, fhall make due and true returns to the receiver in the diftrift esuuf.owa
where fuch attorney or truftee lives or refides as aforefaid, of all lands and flaves be-
longing to fuch abfent perfons for whom they are attornies or truflees, and that fuch
attornies or truflees fhall be fubjeft and liable to pay the tax to become due by virtue
of this aft, or which is due by any former tax afts for fuch lands and flaves, out of his
or their own proper eftate; notwkhftanding fuch attorney or truftee may renounce or dif-
claim afting as fuch before the faid tax is levied, unlefs fuch attorney flu all make oath
before the receivers refpeftively, that he hath bona fide renounced his power and at- Provis*.
torneyffiip before the payment of tbe faid tax became due, without having done it on-
ly with an intention to avoid the payment of the faid tax: Provided always, That if
fuch attorney fhall, within one year next after fuch oath made, again become attor-
ney or truftee for fuch abfent perfon, or aft as fuch, every fuch attorney {hall be lia-
bleto pay the faid tax as is herein before direfted, any thing herein before contained
ta the contrary thereof notwkhftanding; and for levying whereof the fame remedies
fhall be and are hereby given as for levying the tax to become due by virtue of this
aft on the proper eftate of fuch attorney or truftee.
8. And be it alfo enabled by the authority aforefaid, That in cafe any trafts of land fhall
be found by the receivers to belong to any perfon or perfons, living or refiding out in'h0'vtrc8ttS*
of the limits of this ftate, and who have no attorney or attornies, truftee or truftees3
464
TAX,
legally constituted in this ftate, or which have not been returned to any of the receivers
appointed for the counties, where the lands lie, then and in fuch cafe the receivers
fhall be and they are hereby authorized and required to charge the faid lands for the
payment of the tax herein impolite, according to the quantity and quality thereof;
and for all taxes due by virtue of any former tax aft, ratably and proportionally ac-
cording to the quantity of acres, as if the fame were in theaftual polfelfion of fome
perfon or perfons living or refiding in this ftate; and forthwith for three fucceftive
weeks to publifti and give notice of fuch their charge and affeffment in the gazette;
and in cafe of no payment of the faid taxes, the faid lands fhall thereafter be liable
to a double tax; and to be proceeded againft by attachment as herein after mentioned^
default 9' ^ further enabled by the authority aforefaid^ That if it fhould be found
thebsameam.?in ^ere are any i^nds or other taxable property which belong to citizens of this ftate,
and which have not been returned to the receivers agreeable to the time prefcribed by
law, the faid receivers fhall proceed to charge the faid lands for the payment of the
tax herein impofed in the fame, manner as is prefcribed in the claufe immediately pre-
ceding, and make return thereof to the colleftor for the county in which his diftrift
lies; and the faid receiver, or perfon giving him information againft fuch defaulter,
fhall be entitled to and receive one half of the amount of the tax fo recovered,
sheriffs made 10, And be it further enabled by the authority afore/aid, That it fir all be the duty of
the fheriffs of the feveral counties in this ftate to colleft the taxes impofed by this a£t.
JoXeedforrap" llf And whereas the counties of Glynn and Camden have no fheriff yet appoint-
€amdcn?d f°r them or either of them : Be it therefore enabled by the authority aforefaid, That
Michael Rudolph be, and he is hereby appointed colleftpr for the faid counties of
Glynn and Camden. ,
Tax, when t<? 12. And be it alfo enabled by the authority aforefaid, That all perfons whofoever, who
%epajd. ^ polfelfed of any lands or flaves in this ftate, in their own right, or in the right of
others, or any wife liable to pay tax by virtue of this aft, fhall pay in their taxes to the
feveral perfons hereby appointed to receive the fame on or before the firft of Novem-
ber next en filing ; and the colleftor fhall give a receipt if required to the perfon pay-
ingthe fame, and for that purpofe the colleftors fhall give regular attendance in thei&
refpeftive counties; and if at the expiration of the faid firft day of November, ah)p
eoodsand perfon or perfons fhall ftill be in default, the colleftor fhall immediately proceed
Jeviecfonul'to againft fuch defaulter or defaulters, by diftrefs and fale of the goods and chattels if to
be found, otherwife on the land of fuch defaulter or defaulters, or fo much thereof as
will pay the whole amount of taxes due with cofts; and the faid colleftors for the feve-
\ ral counties refpeftively within this ftate, fhall on or before the firft: day of January,
coueaorsto. one thoufand feven hundred and eighty-feven, dole their accounts and deliver the
accounts on fame on oath to the treafurer for the time being, and after dedufting two and one
Their comipis- half per cent, commiflions, pay the faid treafurer all fuch monies, as fhall be by fuch
',ons' colleftor received in purfuance of this aft ; and the faid colleftors for each county
fhall give an account in writing upon oath as aforefaid, of their own lands and flaves,
and other taxable property, after the manner aforefaid, to the treafurer and pay the
taxes thereon according to the rates appointed by this aft.
■penalty for eon* 13. And be it alfo enabled by the authority aforefaid^ That if any perfon or perfons
tSawe proper- in giving in or rendering his or her account of lands or flaves, or other taxable pro-
perty, fhall wilfully conceal any part thereof, all fuch perfons fhall forfeit twice the
value of the tax for what they fo concealed.
SSStSf0* 14. And be it alfo enabled by the authority aforefaid, That any perfon neglefting or
refuting to give in his or her account of the lands and flaves or other taxable proper-
TAX.
4S5
ty, to the receivers aforefaid refpeftively at fuch time and place as they (hall appoint
agreeably to this aft, he or fhe {hall be deemed a defaulter, and {hall be doubly taxed
for all his or her lands or {laves, or other taxable property.
15. And be it alfo enabledby the authority aforefaiife That the taxes impofed by this prtffcrretf
act, ihall be pre&^d to all fecurities and encumbrances whatloever; and that in cafetoaUbOCuril,es"
any perfon {hall die between the time of giving in his or her account to the faid re-
ceivers, and the paying his or her tax, and any goods or chattels of the deceafed, to
the value of the fum fo taxed, fhall come into the hands of his or her executors or ad- Adwuutni-
miniftrators, or any executors in their own wrong, fuch executor or adminiftrator,tori,&c
fhall pay the fame by the time before limited,'-prior to all judgments, mortgages or
debts whatfoever, or otherwife a warrant of execution fhall iffue again!! the proper
goods of fuch executor or adminiftrator; and if any perfon between the time of ren-
dering the account of his or her eftate to the receiver aforefaid, and the time of pay-8Utc'
ing in his or her tax fhall be about to depart this ftate, the faid colleftor is hereby
direfted and required forthwith to levy the fame, notwithftanding the day of payment
is not already come, unlefs fuch perfon will find fureties to the liking of the colleftor
for the payment thereof at the time of payment.
16. And be it further enabled by the authority aforefaid, That all deeds of gift, con-Deed4itre.
veyances, mortgages, fales, and affignments of land and tenements, goods and chat-
tels of any perfon whatever, made with an intent to avoid paying tax, are hereby ^•ityyduicnt'fc
deemed and declared to be fraudulent, null and void, to all intents and purpcfes what-
foever; and in cafe any perfon who has mortgaged any part of his eftate real or per-
fonal fhall refufe or negleft to pay the tax for the fame, the mortgagee {hall be an-
fwerable and liable to pay the fame, provided that fuch eftate {hall be in poffeffion
of faid mortgagee.
17. And be it further enabled by the authority aforefaid, That the treafurer for the gSX.*"
time being, be and he is hereby empowered and required to grant executions againft10"*
all former colleftors of taxes, provided the fame are not paid into the treafury before
the firftday of June, except the colleftors of the counties of Wafhington and Frank-
lin, who are required to make and return the firft of September, and againft all col-
|leftors of the prefenttax hereby impofed, if the fame Ihall not be paid on or before
the time is elapfed for paying the fame : And if any colleftor, or treafurer, or other S^^'pfcad.
perfons, fhall be fued for any matter or thing done in the execution of this aft, it fhall
and may be lawful for fuch perfon or perfons to plead the general iffue and give this
aft and the fpecial matter in evidence, and in cafe judgment {hall be given for thede-
fendant or defendants, or the plaintiff fhall fuffer a non-fuit or difcontinue his aftion,
the faid defendant or defendants fhall recover,cofts of fuit.
18. And be it further enabled by the authority ajor ejaidThat one half part of the Taxgo be^aw
amount of the taxes impofed by this aft, Ihall be paid in gold or filver coin or orders vcr.&c.
on the treafury, and nothing elfe, and the remaining moiety may be difcharged in cer-
tificates.
19. And be itfurther enabled. That the aft for the regular eftablifhment and fup-a certain a*
port of the public duties of religion, fo far as it refpefts the appropriation of fourpence
in the hundred pounds for the fupport of minifters, and which regulates the manner in
which they fhall exercife their funftions, is hereby declared to be repealed.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February 13* 1786.
3N
466
TAX.
An abl for impofing a tax on the inhabitants of the fate of Georgia, and other perfons
holding properly, real or perfonal therein, for the ufe and fupport of the government
thereof from the fi rf day of January to the thirty-firf day of December, one thou-
fand feven hundred and eighty fgyen.
Breambie. i. I THEREAS it is expedient that a fum fhould be raifed for the purpofe of
\ \ difcharging the debts of this ftate, and for defraying the expences of gov-
Lands gra»tcd ernment. Be it therefore enabled, by the reprefentatives of the freemen of the fate
tlxcdl^' of Georgia, in General AJJ'embly met, and by the authority of the fame, That a tax
of twelve (hillings and lixpence for every one hundred pounds value of all lands
within this ftate, granted to, or furveyed for any perfon, as fuch lands (hall be ef-
timated fhall be levied on the fame according to the following mode, viz.
SHcSng All tide fwamp, (including iftands) cultivated and uncultivated, of the firft quality,
equality. ^ ratec[ at four pounds feventeen (hillings per acre.
Of the fecond quality, three pounds.
Of the third quality, one pound feventeen (hillings.
All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three
miles of water carriage, at fifteen (hillings.
All prime inland fwamp, cultivated and uncultivated, at an average of three pounds
feven (hillings.
Of the fecond quality, at one pound feventeen (hillings.
Of the third quality, at fifteen (hillings.
Pine barren lands adjoining or contiguous thereto, feven (hillings.
Salt marfh, at four lhilllings.
High river fwamp or low grounds (including iftands) cultivated or uncultivated,
including fuch as are commonly called fecond low grounds, lying above Aber-
corn, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firft quality at two founds twelve (hillings.
Of the fecond quality, one pound ten (hillings.
Of the third quality, fifteen (hillings.
High river fwamp or low grounds (including iftands) cultivated or uncultivated, in^
eluding fuch as are commonly called fecond low grounds, lying above M4Bean's
Creek, and as high as the mouth of Rae's Creek, of the firft quality, three pounds
fifteen (hillings.
Of the fecond quality, two pounds twelve (hillings.
Of the third quality, one pound two (hillings.
High river fwamp (including iftands) cultivated and uncultivated, from the mouth
of Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the
firft quality, two pounds one (hilling.
Of the fecond quality, one pound two (hillings.
Of the third quality, feven (hillings.
All oak and hickory land (including iftands) cultivated and uncultivated, from the
mouth of Rae's Creek, to the mouth of Broad River, within one mile of Savan-
nah River, of the firft quality, fifteen (hillings.
Of the fecond quality, feven (hillings.
Of the third quality, four (hillings.
All oak and hickory land (including iftands) cultivated or uncultivated, from the
mouth of Broad River up the Savannah River, within one mile of the fame, and
TAX.
467
along the northern mo.ft ftream thereof (commonly called Keowee) to the marked
line on the faid ftream, of the firft quality, at eleven (hillings.
Of the fecond quality, at fix (hillings.
Of the third quality, at three (hillings.
All oak and hickory land (including ifiands) cultivated or uncultivated, from the
mouth of Tugalo River to the laid marked line, of the firft quality, at eleven
(hillings.
Of the fecond quality, at fix (hillings.
Of the third quality, at three (hillings.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line or head thereof, of the firft quality at
. eleven (hillings.
Of the fecond quality, at fix (hillings.
Of the third quality, at three (hillings.
All high river fwamp or low grounds (including, iflands) cultivated or uncultivated,
including fuch areas commonly called fecond low grounds,lying abovefprt Argyle,
to the mouth of Buckhead Creek on the river Ogechee, of the firft quality, at
nineteen (hillings.
Of the fecond quality, at eleven drillings.
Of the third quality, at four (hillings.
All oak and hickory land (including ifiands) cultivated or uncultivated, from the
mouth of Buckhead Creek to the head of Ogechee River, of the firft quality, at
fifteen (hillings.
Of the fecond quality, at feven (hillings.
Of the third quality, at four (hillings.
AH high river fwamp or low grounds (including ifiands) cultivated or uncultivated, in-
eluding fuch as are commonly called fecond low grounds, from Cathead on the
river Alatamaha, to the mouth of Oconee River, of the firft quality, at one pound
two drillings;
Of the fecond quality, at eleven drillings.
Of the third quality, at four (hillings.
All high river fwamp or low grounds (including ifiands) cultivated or uncultivated,
including fuch as are commonly called fecond low grounds, from the mouth of Oco-
nee River along the northern and fouthern ((reams, and on the north fide of the
Indian boundary line, of the firft quality, at thirty (hillings.
Of the fecond quality, at fifteen (hillings.
Of the third quality, at four drillings.
AH oak and hickory land (including ifiands) above the flowing of the tide on all the
rivers from Cathead, on the river Alatamaha, to the river St. Mary's, inclufive,
to the marked line, of the firft quality, at feven (hillings.
Of the fecond quality, at four drillings.
Of the third quality, at two (hillings.
All other oak and hickory land throughout theft ate, of the firft quality, at eleven drillings.
Of the fecond quality, at fix (hillings.
Of the third quality, at three (hillings,
All other pine land throughout the date, at two (hillings.
AH lands on the fea-ifiands, or lying on or contiguous to the fea-firore, ufually cul-
tivated, or capable of cultivation in corn or indigo, of the firft quality, at two
pounds five (hillings,
3
TAX.
Of the fecund quality, at one pound two {hillings.
Of the third quality, at eleven {hillings.
Tax on aii frca 2. And be it e naked by the authority aforefaid, That the fum of five {hillings {halt
nuie white per-be levied on all free male white perfons.from the age of twenty-one years and up-
onnegnei. wards in this (late, and the fum of five (hillings on all negroes and other flaves whatfo-
On lots, ever, within the limits of the fame, and the fum of twelve (hillings and fixpence
for every one hundred pounds value of every lot, wharf or other lands, and on all
buildings within the limits of any town, village or borough within this hate, and the
o»carriages, fum of two pounds upon every four-wheeled, and the fum of one pound upon eve-
ry two-wheeled carriage, except waggons, carts and drays, and the fum of five fliil-
©afree negroes. lings upon all male free negroes, mulattoes and muftizoes, from twenty-one to fixty
years of age, over and above any taxable property they may be poffeffed of, and
on stock in ^ ^um °* twelve {hillings and fixpence for every one hundred pounds value of
onper#fessions. every perfon's (lock in trade, of perfons in trade, fhopkeepers and others, to be gi-
ven in upon oath, and the fum of four pounds on every praflitioner of phyfic or
law, and tfi,e fum of four pounds on all faftors, brokers and vendue mailers through-
previso. out this fiate: Provided neverthelefsy That in cafes of extreme indigence or infirmity
the fuperior court of each county (hall be, and they are hereby empowered to remit
the poll tax upon fuch indigent or infirm perfon claiming fuch indulgence.
Lands in what 3* -And be it further enacted by the authority aforefaid, That in cafe difficulty ffiall
!Kd!tobe arife in the mind of any perfon with refpeft to the claffing of his lands or valuing
his buildings, then and in that cafe, it (hall andmay be lawful for fuch perfon to call
in three freeholders, who (hall value and clafs the fame, and their certificate (hall be
received by the receiver as the value and refpe&ive claffes of the fame: Provided, it (hall ap-
pear to the receiver that fuch freeholders have been qualified by a juftice for that purpofe.
Doubled* on 4. And be it further enabled by the authority aforefaid, That all perfons of the age
ents' of twenty-one years, holding lands within this (late, who (hall not refide in the
limits of the fame, or cultivate and improve his faid lands in manner as is herein
after mentioned, ffiall be doubly taxed, that is to fay, that the fum of twenty-five
(hillings for every one hundred pounds value of all lands within this (late, (hall be
levied on all fuch property by the colleflors herein after particularly named: Provu
*roviia* ded neverthelefs, That no member of congrefs or any other perfon fent from with-
out the limits of the (late by public authority, (hall be fubjeft to the foregoing dou-
proviso. fc>]e tax: And provided^ That if any perfonor perfons who (hall be citizens or refi-
cultivation dents in any one of the United States, (hall cultivate and improve the lands which he
cr they hold in this (late, at the rate of three acres for every one hundred acres-
thereof, the fame ffiall be deemed a fdfficient cultivation and improvement to excufe
him or them from the double tax within the meaning of this a£t. A double tax
ffiall be alfo laid for all uncultivated lands held by any one individual, whether
refident or non-refident, over and above two thoufand acres; but a cultivation and
improvement aforefaid, at the rate of three acres for every hundred acres of land
provu#. fuch individual poffieffies, ffiall be fufficient to excufe fuch individual from the double
tax aforefaid: Provided, fuch cultivation be particularly fpecified and made a part of
the return on oath.
5. And whereas, doubts may arife in determining what (hall be deemed a lawful
whatshanbe cultivation of fuch tra£l or trafts of land, as to exempt the proprietor or proprietors
nation, from a double tax: Beit therefore enaHed by the authority aforefaid, That all cleared
land under a good fence or enclofure for pafturage, or planted annually in any man-
ner whatever, either by ploughing or hoing, (hall be deemed a cultivation, and 110 other.
TAX.
469
6. And be it enaEled by the authority aforcfaid, That the mode of colle&ing Receivers of
the ta*xeS (hall be as follows : each militia company fliall form one diilriE. The fu- p°i^rbcy J*
perior court at the ftated fpring term lhall appoint a magillrate or fome other dif-
creet perfon in each diftrift, to receive the returns of taxable property in each
diftrift: And the clerks of the refpe&ive courts fhall, within twelve days after fuch cierks,tiiut
appointment, give notice thereof to the pcrfons appointed receivers, under the pe-
nalty of one hundred pounds in cafe fuch notice is not given: And the receiver fo
appointed, and after being notified as above, fliall be, and they are hereby required,
under the penalty of one hundred pounds, within twelve days from the time of his penaltyf««*.
being fo notified, to fignify t© one of the afliftant juftices of the county his refulal8lcd'
of the faid office, or fliall appear before him and take the following oath: " Ir A. B. Receiv«r'«o*<n.
do folemnly promife and fwear, that I will truly and faithfully perform the duty of
receiver of returns of taxable property in the diftribt to which I am appointed." In
cafe the perfon fo appointed fliall fignify his refufal, or the clerk fhall negletl to give
notice as above, the laid affiflant juftice fliall fend out his fummon to form a court
within ten days, who fliall take fuchmeafures as they may find neceffary to procure,
and before them at faid meeting duly qualify as above, fome difcreet perfon to do faid
duty:* Provided, the fame lhall not exceed the expence of three pounds, which theProvis*'
faid court fliall aflefs on the faid diftrift, to be noted in the return of the faid receiver,
and colledted in the general tax : And it fhall be the duty of the receivers fo appoint-
ed to give notice by advertifement to the inhabitants of the diftridl of the time when
they are to bring in their returns, at leaft ten days before the time appointed; he fliall
make out a return, including the whole fo received by him, and alfo all the taxable pro-
perty of non-refidents and fuch defaulters as negledt or refufe to make their returns
within his diftriQ:, and tranlmit the fame to the clerk of the county on or before the
firft day of July, and fliall at the fame time give in an account on oath of his taxable
property, and publifli, -within one month thereafter, in the gazette, the names of all
fuch as have refufed or negledtedto give in their returns agreeably to law, under the
penalty of fift^pounds for his negleB:; and the faid receivers fliall be entitled to re-
ceive one {hilling for each return in his diftridt, to be allowed by the court, and ere-
dited on the tax of fuch receiver or his order in full compenfation for his trou-
ble. The clerk of the court fliall digeft the whole into one general return, agreea-
bly to the form annexed to this aft, containing a ftate of the taxable property of
the whole county, one copy of which he fliall tranfmit to the treafurer of the ftate,
and another to the colledtor of the faid county appointed by this aft, and one
ffiall be kept in his office for the free infpe&ion of the inhabitants; and he fliall
be paid for his trouble the fum of one penny for every perfon returning his tax,
to be paid by the colledlor as aforefaid. The returns of the receivers in the
feveral diftridts fliall be laid before the next fuperior court of the counties to which
they are returned for their infpedtion, and the grand jury for the county (hall parti- coiieaorsto
cularly exprefs their fentiments thereon. The collector, before he enters upon the
duties of his office, fhall give bond, with good and fufficient fecurity, in a fum not
exceeding, for the county of Chatham, eight thoufand pounds; for the county of
Effingham, two thoufand pounds; for the county of Burke, four thoufand pounds;
for the county of Richmond, five thoufand pounds; for the county of Wilkes, eight
.thoufand pounds; for the county of Liberty, five thoufand pounds; for the county
of Glynn, one thoufand pounds; for the county of Camden, two thoufand pounds';
for the county of Wafliington, two thoufand pounds; for the county of Franklin,
one thoufand pounds; for the county ©f Greene, one thoufand pounds; to his ho-
nor the governor for the time being and his fucccftors in office, to be taken by the
470
TAX.
fuperior court For the county, or one of the afliftant juftices of fuch county, For
the faithful performance of the duties of the faid office, and fhall take the following
Ami take this oath: "I, A. B. appointed colleflor of taxes of the county of , do fo-
vacancies, leinnly fwear, that I will faithfully difcharge the duties required of me by law." And
in cafe of the death, or refufal, or neglect of fuch collector to enter into fuch-bond,
or take fuch oath, then his honor the governor in council is hereby authorized and
required to appoint fome other perfon willing to accept the fame, who llial), in man-
ner required by this act, enter into bond, and be veiled with all the powers given
to the collectors herein after appointed. The collector fhall attend in each diftridl
of the county for the purpofe of receiving the taxes, and fhall give notice in each
diftrict by public advertifement at leafl fifteen days before, of the time and place
where he fhall give fuch attendance; and if any collector fhall prefume to execute
the faid office without having given bond and fecurity as aforefaid, fuch collector
fhall forfeit and pay the fum of one hundred pounds for every fuch offence, to be
recovered by any perfon who fhall inform and fue for the fame.
Their bond* to 7- And be it further enabled, That all bonds and fecurities given hy ttie collefilors
treawer0.Ul' appointed by or in purfuance of this a6l, fhall be tranfmitted by the perfon taking the
fame to the treafurer, on or before the firft day of January next, under the penalty
of five hundred pounds for every negleft or refufal.
Returnsnf tax- 8. And be it alfo enabled by the authority aforefaid, That-all perfons whatfoever,
tobeS"on who are poffeffed of any lands granted to, or furveyed for any perfon or perfons,
0<ith' flaves, or carriages, either in their own right or in the right of any other perfon, or are
liable to pay any other tax by virtue of this a£l, fhall on or before the firft day of
June next, render a particular account thereof in writing upon oath or affirmation^
fetting forth in what county the faid lands and flaves are to the heft of his, her or their
knowledge, to the receiver in the diftricl where fuch perfons refides, at fuch time and
place as the faid receiver ffialljdireft and appoint for the doing thereof, fo that the fame
be done on or before the firft day of June aforefaid : which oath or affirmation fhall be
The oath. in the words following : 411, A . B. do folemnly fwear (or affirm as the cafe may be)
that the account which I now give in is a juft and true account of the quantity and qua-
Iky of the lands granted to, or furveyed for me of which I was poffeffed, held or laid
claim to, on the firft day of April, one thoufand feven hundred and eighty-feven,
and of the number of all flaves, riding carriages, flock in trade, or of any other taxa?
hie property of which I was-then poffeffed, interefted in or entitled unto, either in my
own right or in the right of any other perfon or perfons whatfoever, as guardian, exe-
cutor, attorney, agent or truftee, or in any other manner whatfoever, according to the
beft of my knowledge, information and belief; and that I will give a juft and true an-
fwer to all lawful queftions that may be afked me touching the fame; and this I declare
without any equivocation or mental refervation whatfoever. So help me God."
Which oath or affirmation the faid receivers fo appointed are hereby duly authorized,
enjoined and required to adminifter.
9. And to the intent, that the lands in this ftate, may be truly and faithfully return-
¥CTaHyforcoa.ed and in the name of the real owner or proprietor of the fame, Be it enabled, That
fciw!«tar°n. if any perfon fhall be guilty of neglecting or refufing to give in a return of his taxable
property, or fhall return the fame or any part thereof in the name of another or fifti-
tious perfon, and be thereof convicied before any court proper to try the fame, he fhall
be liable to pay to the clerk of the county, a fine of ten pounds for every hundred
pounds valuation fo neglefited or concealed, one moiety thereof for the ufe of the
county under the dire£lion of the faid court? and the other moiety to the informer pj
TAX.
47l
informers; and (hall alfo lofc his free law for fuch time, as he had fo concealed his
property, year for year, and fhall for fuch time be deprived of the privilege of vo-
ting at elections or bearing any part in that government which he had thus refufed to
fupport.
10. And wherea% there'are divers trafts of land and flaves in this ftate, held, owned
ox claimed by perfons not refidents here, who pay no tax or other charges towards
the fupport of the government of this hate: Be it therefore enacted ly the authority
afore[aid. That all attornies and truftees of or for any perfon or perfons living without
the limits of this hate, fhall make due and true returns to the receiver in the diftrift
where fuch attorney or truftee lives or refides as aforefaid, of all lands and flaves be-
longing to fuch abfent perfons for whom they were attornies or truflees,and that fuch
attornies or truftees fhall be fubjeft and liable to pay the tax to become due by virtue
of this aft, or which is due by any former tax afts for fuch lands and flaves, out of his
or their own proper eftates; notwithftanding fuch attorney or truftee may renounce or dif-
claim afting as fuch before the faid tax is levied, uplefs fuch attorney fhall make oath
before the receivers refpeftively, that he hath bona fide renounced his power and at-
torneyfhip before the payment of the faid tax became due, without having done it on- ®ath-
ly with an intent to avoid the payment of the faid tax: Provided always, That if^viso.
fuch attorney fhall, within one year next after fuch oath made, again become attor-
ney or truftee for fuch abfent perfon, or aft as fuch, every fuch attorney fhall be lia-
ble to pay the faid tax as is herein before direfted, any thing herein before contained
to the contrary thereof notwithftanding; and for levying whereof the fame remedies
fhall be and are hereby given as for levying the tax to become due by virtue of this
aft on the proper eftate of fuch attorney or truftee.
11. And be it alfo enaHed by the authority aforefaid, That in cafe any trafts
land fhall be found by the receivers to belong to any perfon or perfons living orre-{J^i52£wto
Tiding out of the limits of this ftate, and who have no attorney or attornies, truftee
or truftees, legally conftituted in this ftate or which have not been returned to any
of the receivers appointed for the counties where the lands lie, then and in fuch cafe,
the receivers fhall be and they are hereby authorized and required to charge the faid
lands for the payment of the tax herein impofed according to the quantity and qua-
lity thereof, and for all taxes due by virtue of any former tax aft, rateably and pro-
portionably, according to the quantity of acres, as if the fame were in the aftual
poffeflion of fome perfon or perfons living or refiding in this ftate; and forthwith
for three fucceflive weeks, to publifh and g! e notice of fuch theirchargeand affeffment
in the gazette, and in cafe of non-payment of the faid taxes, the faid lands fhall thereaf-
ter be liable to a double tax, and to be proceeded againfl by attachment as herein af- Double tax.
ter mentioned.
12. And be it further enabled by the authority aforefaid, That it fhall be the duty jtmu hwt#
of the fheriffs of the feveral counties in this ftate, to colleft the taxes impofed by
this aft, and that the fecretary be inftrufted to furnifh the fheriffs with the neceffary afts
to enable the different receivers to proceed on their appointments, and the fheriffs for
the time being fhall .complete their colleftions notwithftanding they may not be re-
chofen at the enfuing eleftion.
13. And be it alfo enabled by the authority aforefaid, That all perfons whofoever, when to be
who are poljeffed of any lands or flaves in this ftate, in their own right or in thepaid*
right of others, or any wife liable to pay tax by virtue of this aft, fhall pay in their
taxes to the feveral perfons appointed to receive the fame, on or before the fifteenth
day of November next, enfuing, and the colle61or fhall give a receipt if required, to
47*
TAX.
the perfon paying the fame, and for that purpofe the colle&ors fhall give regular at-
tendance in each diltrict in their refpeftive counties; and if at the expiration of the
faid fifteenth day of November any perfon or perfons fhall ftill be in default, the col-
Goods and lector fhall immediately proceed againfl fuch defaulter,pr defaulters, by diftrefs and
Scf!lftohbc fale of the goods and chattels, if to be found, otherwifeon the lands of fuch defaul-
wKa:cr- ter or defaulters, or fo much thereof as will pay the whpje amount of taxes due with
cofls, fir ft giving five days' notice thereof by public advertifement ; and the faid col-
lectors for the feveral counties refpectively within this ftate, fhall on or before thefif-
teenth day of January, one thoufand feven hundred and eighty-eight, clofe their ac-
counts and deliver the fame on oath to the treafurer for the time being, and after
deducting two and an half per centum commiffions, pay to the faid treafurer all fuch
monies as fhall be by fuch collectors received in purfuance ofthis act.
pe^ity for re- 1 A- -And be it alfo enabled' by the authority aforefaid, That any perfon fo neglecting
kln"^aLfre- or refufing to give in his or her account of the lands, or flaves, or other taxable pro-
tmns perty, or any part thereof, to the receivers aforefaid refpectively, at fuch time and
place as they fhall appoint agreeably to this act, he or fhe fhall be deemed a default-
er, and fhall be taxed in double the fum which would have been due had the fame
been returned agreeably to this act; the receivers fhall life their utmoft diligence
to difcover and return any taxable property fo concealed, for which fuch^jjjceivers or
other perfon who fliall thus detect fuch defaulter fhall be entitled to receive of the col-
lector one half of the double tax fo recovered of fuch defaulter.
Taxes, prefer- 15. And be it alfo enabled by the authority aforefaid, That the taxes impofed by
cumbraace». this act fhall be preferred to all fecurities and encumbrances whatever, and that in cafe
any perfon fhall die between the time of giving in his or her account to the faid re-
ceivers, and the paying of his or her tax, and any goods or chattels of the deceafed
to the value of the fum fo taxed fhall come into the hands of his or her executor or
Aimhustrator, adminiflrator, or any executor in his own wrong, fuch executor or adminiftrator
fhall pay the fame by the time limited, prior to all judgments, mortgages or debts
whatfoever, or otherwife a warrant of execution fhalllffue againfl th# proper goods
of fuch executor or adminiftrator; and if any perfon between the time of rendering
the account of his or her eflate to the receiver aforefaid, and the time of paying in
Persons about his, her or their tax, fhall be about to depart the county in which he lives, the faid col-
ua:e?e 1 lector is hereby directed and required forthwith to levy the fame, notwithflanding
the day of payment is not already come ; unlefs fuch perfon will find fecurity to the
liking of the collector for the payment thereof at the time of payment.
Deeds,.fccvade *6. And be it alfo enabled by the authority aforefaid, That all deeds of gift, convey-
tJdAaxTrau- ances, mortgages, fales, and alignments of lands and tenements, goods and chattels,
voi4- of any perfon whatever, made with an intent to avoid paving the tax, are hereby
deemed and declared null and void; and in cafe any perfon who has bona fide mort-
gaged any part of his eflate real or perfonal, fliall refufe or neglect to pay the tax for
the fame, the mortgagee fliall be anfwerable and liable to pay the fame. Provided,
proviso. That fuch eflate fliall be in poffeffion of faid mortgagee.
Execution" a- 17. And be it further enabled by the authority aforefaid, That the treafurer for
l^nscco;^- tune being, be and he is hereby empowered and required to grant executions
againfl all former collectors of taxes who may be defaulters, immediately after the
proviso pafling of this act. Provided no executions fhall iffue againfl the collectors for the
year one thoufand feven hundred and eighty fix, until the fir ft day of May; nor
againfl the collectors for the tax impofed by this act, until the fifteenth day of
January next.
TAX.
■473
iB. Whereas, by a law patted the thirtieth of February, one thoufand feven hun-
dred and eighty-fix, it is made the duty of the receivers to return of the perfons of
every age, lex and condition within his diftriB, which from unavoidable delays has
not yet been carried into full effeB: Be it enabled by the authority aforefaid, That Fnrthe*tin*
further time be given until the firft day of June next to complete fuch return; and plete the gene,
any perfon who fhall negleB or refufe to comply in the manner pointed out in faidralrctur11*
a61, by the faid firft day of June next, fhall be liable to the fine therein impofed, to
be fued for and recovered agreeably to faid aB.
19. And be it further enabled, That all taxes impofed by this a61, fhall be paid Taxtobepa;*
and received in gold and filver coin, or in bills of credit emitted by virtue of an aB, &^old,Hlvor'
entitled 44 An aB for emitting the fum of fifty thoufand pounds."
By order of the Houfe.
WILLI AxM GIBBONS, Speaker,
Augufta, February 10, 1787.
An ablfor laying a tax for the year one thoufand feven hundred and eighty-eight.
i.T>E IT ENACTED by the reprefentatives of the freemen of the ft ate of Geor- Taxo*
X) gia in General AjJ'embly met, and by the authority of the fame, That a tax of Srl^ed.4
twelve fhillings and fixpence for every hundred pounds value of all lands within this
ftate granted to, or furveyed for any perfon, as fuch lands fhall be eflimated, fhall be
levied on the fame according to the following mode, viz.
All tide fwamp (including iflands) cultivated or uncultivated, of the firft quality,
fhall be rated at four pounds feventeen fhillings per acre. to quality.
Of the fecond quality, three pounds.
Of the third quality, one pound feventeen fhillings.
All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three
miles of water carriage, fifteen fhillings.
All prime inland fwamp, cultivated or uncultivated, at an average of three pounds
feven fhillings.
Of the fecond quality, one pound feventeen fhillings.
Of the third quality, at fifteen fhillings.
All pine barren lands adjoining or contiguous thereto, feven fhillings.
Saltmarfh, at four fhillings.
High river fwamp or low grounds (including iflands) cultivated or uncultivated (ia-
eluding fuch as are commonly called fecond low grounds) lying above Abercornea
and as high as the mouth of M4Bean's Creek on Savannah River, two pounds
twelve fhillings.
Of the fecond quality, one pound ten fhillings.
Of the third quality, fifteen fhillings.
High river fwamp or low grounds (including iflands) cultivated or uncultivated (in-
eluding fuch as are commonly called fecond low grounds) lying above M'Bean's
Creek, and as high as the mouth of Rae's Creek, of the firft quality, three pounds
fifteen fhillings.
3 Q
TAX.
Of the fecond quality, two pounds twelve {Hillings,
Of the third quality, one pound two {hillings.
Jiigh river fwarnp (including iflands) cultivated or uncultivated, from the mouth of
Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the fir ft
quality, two pounds one {hilling.
Of the fecond quality, one pound two {hillings.
Of the third quality, feven {hillings.
All oak and hickory lands (including iflands) cultivated or uncultivated, from
the mouth of Rae's Creek to the mouth of Broad River, within one mile of Sa-
vannah River, of the firft quality, fifteen {hillings.
Of the fecond quality, feven {hillings.
Of the third quality, four {hillings.
All oak arid hickory lands (including iflands) cultivated or uncultivated, from the-
mouth of Broad River, up Savannah River within one mile of the fame, and up
the Tugalo River to the marked line on faid ftream, of the firft quality, at eleven
{hillings.
Of the fecond quality, at five {hillings.
Of the third quality, at three {hillings.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the.
mouth of Broad River, to the marked line or head thereof, of the firft quality,
eleven {hillings.
Of the fecond quality, at fix {hillings.
Of the third quality, at three {hillings.
All high river fwamp or low grounds, (including iflands) cultivated or uncultivated,
including fuch as are commonly called fecond low ground, lying above Fort Ar-
gyle to the mouth of Buck-head Creek on the river Ogechee, of the firft quality,
nineteen {hillings.
Of the fecond quality, at eleven {hillings.
Of the third quality, at four {hillings.
All oak and hickory lands (including iflands) cultivated or uncultivated,from the mouth
of Buck-head Creek to the head of Ogechee, of the firft quality, aqfifteen {hillings,.
Of the fecond quality, at feven {hillings.
Of the third quality, at four {hillings.
All high river fwamp'or low grounds (including iflands) cultivated or uncultivated*
from the mouth of Buck-head Creek to the head of Ogechee, of the firft quality, at
fifteen {hillings.
Of the fecond quality, at feven {hillings.
Of the third quality, at four {hillings.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
fuch as are commonly called fecond low grounds, from Cathead, in the river Ala-
tamaha, to the mouth of Oconee River, of the firft quality, at one pound two
{hillings.
Of the fecond quality, at eleven {hillings.
Of the third quality, at four lhillings.
AH high river fwamp or low grounds (including iflands) cultivated or uncultivated*
including fuch as are commonly called fecond low grounds, from the mouth of
Oconee River, along the northern ftreams^ and on the north fide of the Indian
TAX,
473
boundary line to the confluence of the Oconee and Appalachee, or fouth fork,
of the firft quality, at thirty {hillings.
Of the fecond quality, at fifteen {hillings.
Of the third quality, at four {hillings.
Allri\er fwamp (including iflands) cultivated or uncultivated, from the confluence
of the Oconee and Appalachee River, upwards, on the north fide of the Indian
boundary line, of the firft quality, at twenty {hillings.
Of the fecond quality, twelve {hillings and fixpence.
Of the third quality, feven {hillings.
All oak and hickory lands (including iflands) above the flowing of the tide on all the
rivers front Cathead, on the river Alatamaha, to the river St. Marv's, inclufive.,
to the marked line, of the firft quality, at feven fhillings.
Of the fecond quality, at four {hillings,
Of the third quality, at two fhillings.
All other oak and hickory lands throughout this ftate, of the firft quality, at eleven
fhillings.
Of the fecond quality, at fix fhillings.
Of the third quality, at three fhillings.
All other pine lands throughout the ftate, at two fhillings.
All lands on the fea iflands, or lying on or contiguous to the feafhore, ufually cultiva-
ted or capable of cultivation in corn or indigo, of the firft quality, at two pounds
five fhillings,
'Of the fecond quality, at one pound two fhillings.
Of the third quality, at eleven fhillings.
2. And be it enaHed by the authority aforefaid, That the fum of five {hillings fhall Taxon f«fe
be levied on all free white maleperfons from the age of twenty-one years and upwards «miwLirepe*
in this ftate, and the fum of five fhillings on all negroes, and other flaves whatfo-
ever, within the limits of the fame; and the fum of twelve fhillings and fixpence Lot,.
for every one hundred pounds value of every lot, wharf or other lands, and on all
buildings within the limits of any town, village or borough within this ftate; and the carriage*,
fum of eighty fhillings on every four-wheeled, and the fum of forty fhillings on eve-
yy two-wheeled carriage, (except waggons, carts, and drays;) and the fum of five Frec negroes,
{hillings upon all male free negroes, mulattoes and muftizoes, from twenty-one to &c"
fixty years of age, over and above any taxable property they may be polfeifed of;
and the fum of twelve {hillings and fixpence for every one hundred pounds value ofst0ckin tradtf'
every perfon's ftock in trade, of perfons in trade, fhopkeepers and others, to be given
in upon oath; and the fum of five pounds upon every pradlitioner of law and phy-Lawyers, &c.
fie; and the fum of five pounds on all factors, brokers and vendue mailers through-
-out this ftate : Provided never thelefs^ That in cafes of extreme indigence or infirmity, proviso,
the fuperior court of each county {hall be and they are hereby empowered to remit
the poll tax upon fuch indigent or infirm perfon claiming fuch indulgence.
3. And be it enabled by the authority aforefaid, That in cafe difficulty fhallarife tands,in what
in the mind of any perfon with refpefl to the claffing of his land, or valuing his build- classed!tobs
ings, then and in that cafe, it fhall and may be lawful for fuch perfon to call in three
freeholders, who fhall value and clafs the fame,-and their certificate fhall be received
fry the receiver, as the value and refpeflive claffes of the fame : Provided, it fhall ap- Previa*,
pear to the receiver that fuch freeholders have been qualified by a juftice for that
purpofe.
3
TAX.
appointed. bc 4. And be it enabled bylhe authority aforejaid, That the mode of colleBing the tax-*
es fliall be as follows: each militia company fhall form one diftriB, the fuperior court
at the ftated fpring term, fliall appoint a magiftrate, or fome other difcreet perfon in
each diftriB, to receive the returns of taxable property in fuch diftriB, and the clerks
of the refpeBive courts fliall, within twelve days after fuch appointments, give notice
thereof to the perfons appointed receivers, under the penalty of one hundred pounds,
in cafe fuch notice is not given, and the receivers fo appointed, and after being noti-
fled as above, fliall be and they are hereby required, under the penalty of one hun-
dred pounds, within twelve days from the time of his being notified, to flgnify to one
of the afliflant juftices of the county ofhisrefufal of the faid office, or fliall appear
Their oath, before him and take the following oath : " I, A. B. do folemnly promife and fweary
that I will truly and faithfully perform the duty of receiver of returns of taxable
property in the diftriB to which I am appointed." In cafe the perfon fo appointed
fliall fignify his refufal, or the clerk negleB to give notice as above, the faid afliflant
juftice fliall fend out his fummons to form a court within ten days, who fliall take fuch
meafures as they may find neceflary to procure, and before them at faid meeting duly
froviso. qualify as above, fome difcreet perfon to do faid duty: Provided, the fame fhall not
exceed the expence of three pounds, which the faid court fhall aflefs on the faid dif-
triB, to be noted in the return of the faid receivers, and colleBed in the general tax.-
And it fliall be the duty of the receiver appointed to give notice by advertrfement to
the inhabitants of the diftrict, when they are to bring in their returns, at leaft ten
days before the time appointed; he fliall make out a return, including the whole fo
received by him, and alfo the taxable property of non-refiden-ts, and fuch default-
ers as neglect or refufe to make their returns within his diftrict, and tranfmitthe fame
to the regifter of probates of each county, on or before the firft day of July, and
fhall at the fame time give an account on oath of the taxable property, and pub-
lifh within one month thereafter in the gazette, the names of all fuch as have refufed
or negleBed to give in their returns agreeable to law, under the penalty of fifty
pounds for his negleB; and the faid receiver fliall be entitled to receive one fhilling
for each return in his diftriB, to be allowed by the court, and credited on the tax of
ctnerau«turn. receiver or his order, in full compenfation for his trouble. The regifter of
probates fliall digeft the whole into one general return, agreeable to the form annex-
ed to this aB, containing a ftate of the taxable property of the whole county and the
amount thereof; one copy of which he fhall tranfmit to the treafurer of the ftate, and
another to the collector of the faid county appointed by this aB, and one fliall be
kept in his office, for the free infpeBion of the inhabitants; and he fliall be paid for
his trouble the fum of threepence for every perfon returning his tax, to be paid by
the colleBor as afore faid. The returns of the receivers in the feveral diftriBs fhall be
laid before the next fuperior court of the county to which they are returned for their
infpeBion, and the grand jury for the county fhall particularly exprefs their fenti-
ments thereon; the collector, before he enters upon the duties of his office, fhall give
•oiiectors shaii bond with good and fufficient fecurity in a fum not exceeding, for the county of Chat-
be ham, eight thoufand pounds; for the county of Effingham, two thoufand pounds;
for the county of Burke, four thoufand pounds; for the county of Richmond, five
thoufand pounds; for the county of Wilkes, eight thoufand pounds ; for the county
of Liberty, five thoufand pounds; Tor the county of Glynn, one thoufand pounds;
for the county of Camden, two thoufand pounds; for the county of Wafhington,
two thoufand pounds; for the county of Franklin, one thoufand pounds; and for
the county of Greene, one thoufand pounds; to his honor the governor for the time
TAX.
477
being, and his fucceffors in office, to be taken by the fuperior court for the county,
or one of the affiftant juftices of fuch county, for the faithful performance of the
duties of the faid office, and ffiall take the following oath : " I, A. B. appointed T;idr03th>
collector of taxes for the county of , do folemnly fwear, that I will faithfully
difchargethe duties required of me by law." And in cafe of the death, refufal, or
neglect of fuch collector to enter into fuch bond and take fuch oath, then his honor the
governor in council is hereby authorized and required to appoint fome other perfon
willing to accept the fame, who ffiall, in manner required by this act, enter into bond,
and be veiled with all the powers of this act given to the collectors herein after ap-
pointed. The collector ffiall attend in each diftrict of the county, for the purpofe of
receiving the taxes, and ffiall give notice in fuch diftrict by public advertifement, at
leaft fifteen days before, of the time and place where he ffiall give fuch attendance:
And if any collector fhall prefume to execute the faid office without having given bond
and fecurity as aforefaid, fuch collector ffiall forfeit and pay the fum of one hundred
pounds for each perfon's tax he ffiall receive, to be recovered by any perfon who ffiall
inform and fue for the fame.
5. And be it enaBedby the authority aforefaid, That all bonds and fecurities given Their bond. t«
by the collectors appointed by or in purfuance of this act fhall be tranfmitted by the treasurer!
perfon taking the fame to the treafurer, on or before thefirft day of January next, un-
der the penalty of five hundred pounds, for every negleCt or refufal.
6. And be it enaBedby the authority aforefaid^ That all perfons whatfoever,
are poffeffed of any lands granted to or furveyed for any perfon or perfons, flaves or
carriage, either in their own right, or in the right of any other perfon, or are liable to
pay any other tax by virtue of this a£l, ffiall on or before the firft day of June next,
render a particular account thereof in writing upon oath or affirmation, fetting forth
in what county the faid lands and flaves are, to the beft of his, her or their knowledge,
to the receiver in the diftrict where fuch perfon refides, at fuch time and place as the
faid receiver fhall direCl and appoint for the doing thereof, fo that the fame be done on
or before the firft day of June aforefaid, which oath or affirmation fhall be in the words
following : " I, A. B. do folemnly fwear (or affirm as the cafe may be)that the ac-Formth«*o*
count which I now give in, is a juft and true account of the quantity and quality of
the lands granted to or furveyed for me, of which I was poffeffed, held or claimed on
the firft day of April, one thoufand feven hundred and eighty-eight, and of the num-
ber of all flaves, riding carriages, flock in trade, or any other taxable property, of which
I was then poffefled interefled in, or entitled unto, either in my own right, or in the right
of any other perfon or perfons whatfoever ; as guardian, executor, attorney, agent
or truftee, or in any other manner whatever, according to the beft of my knowledge,
information and belief, and that I will give a juft and true anfwer to all lawful quel-
tions that may be afked me, touching the fame, and this I declare without any equivo-
cation or mental refervation whatfoever. So help me God." Which oath or affir-
mation the faid receivers fo appointed are hereby duly authorized, enjoined and re-
quired to adminifter.
7. And be it enaBed, That if any perfon ffiall be guilty of negledling or refufing to
give in a return of his taxable property, or ffiall be convidled of fraud or making a sing or making
falfe return, he fhall be liable to pay to the clerk of the county a fine of ten pounds for j^*obe»ia*
every hundred pounds valuation fo negledled or concealed, one moiety thereof for the
ufe of the county under the dire&ions of faid court, and the other moiety to the infor-
mer or informers, and ffiall lofe his free law for fuch time as he had concealed his pro-
perty, year for year? and ffiall for fuch time be deprived of the privilege of voting at
478
TAX,
elections or bearing Any part in that government which he had thus refufed to fupport*
8. And whereas there are divers trafts of land and flaves in this ftate, held, owned of
claimed by perfons not refident here, who pay no tax or other charge towards the
government of this ftate. Be it therefore enabled, That all attornies and truftees, of
Attomiea. trus- or for any perfon or perfons living without the limits of this ftate, fhall make due and
true returns to the receiver in the diftrift where fuch attorney or truftee lives or re-
o^ftiicir fides as aforefaid, of all lands and flaves belonging to fuch abfent perfon, for whom
they are attornies or truftees, and that fuch attornies or truftees ftiall be fubjeft and
liable to pay the tax to become due by virtue of this a£t, or which is due by any for-
mer tax afcts, for fuch lands and flaves, out of his or their own proper feftates, not-
withftanding fuch attorney or truftee may renounceNor difclaim afting as fuch before
the faid taxis levied, unlets fuch attorney or truftee, ftiall make oath before the receive
Enounce ers refpe&ively, that he hath bona fide renounced his power and attorneyfliip before
oath. the payment of the faid tax became due, without having done it only with an intention
to avoid the payment of the faid tax; Provided always, That if fuch attorney ftiall
proviso. within one year next after fuch oath made, again become attorney or truftee for fuch
abfent perfon, or aQl as fuch, every fuch attorney {hall be liable to pay the faid tax
as is herein before direfted, any thing herein before contained to the contrary not-
withftanding, and for levying whereof the fame remedies (hall be, and are hereby giv-
en, as for levying the tax to become due by virtue of this aci, on the proper eft ate of
fuch attorney or truftee.
9. And be it alfio enabled, That in cafe any trafts of land fliall be found by the re-
Landsnotre- ceivers to belong to any perfon or perfons living or refiding out of the limits of this
feSgedu t9 ftate, and who have no attorney or attornies, truftee or truftees legally conftituted in
this ftate, or which have not been returned to any of the receivers appointed for the
counties where the land lies, then and in fuch cafe the receivers fhall be, and they are
hereby authorized and required to. charge the faid land for the payment of the tax
herein impofed according to the quantity and quality thereof, and for all taxes due by
virtue of any former tax a6l ratably and proportionately according to the quantity
of acres, as if the fame were in the aflual pofleflion of fome perfon or perfons, living
or redding in this ftate, and forthwith, for three fucceflive weeks, to publifh and give
notice of fuch their charge and affeflittent in the gazette, and in cafe of non-payment
of the faid taxes, the faid lands fhall thereafter be liable to a doubk tax and to be pro-
Douwe ta*. ceeded againft by attachment as herein after mentioned.
10. And be it further enabled by the authority aforefaid^ That the following per-
Collectors ap- fons be appointed colleflors, viz. for the county of Chatham, Alexander Watts ; for
pointed. t|ie cour)ty Qf Effingham, Jenkin Davis; for the county of Burke, John Jones; for'
the county of Richmond, Joel Barnett; for the county of Wilkes, Frederic Sims 3
for the county of Liberty, James M. Stewart; for the county of Glynn, John Pal-
mer; for the county of Camden, Nathaniel Afhley; for the county of Waffling-
ton, Deocleflon Davis; for the county of Franklin, Thomas Payne; and for the
county of Greene, John Swepfton.
Tax , when and 11. And be it alfo enabled by the authority aforefaid, That all perfons whofoevef
^ytobep,ud'are poffe fled of any lands or flaves in this ftate, in their own right or in the right of
others, or any wife liable to pay tax by virtue of this a£l, fhall pay in their taxes
to the feveral perfons hereby appointed to receive the fame, on or before the fifteenth
day of November next enfuing, and the collector fliall give a receipt, if required, to the
perfon paying the fame; and for that purpofe' the collector ftiall give regular attend-
smce in each diftrict, in their refpeftive counties, and if at the expiration of the faid fif*
TAX.
47 9
teenthday of November* any perfon or perfons {hall be in default, the collector fhall
immediately proceed againft fuch defaulter or defaulters, by diftrefs and fale of the
goods and chattels, if to be found, otherwife on the lands of fuch defaulter or default-
ers, or fo much thereof as will pay the whole amount of taxes due with cofts, firil giv-
ing five days' notice by advertifement, and the faid colle&ors for the feveral coun-
ties refpe&ively within this hate fhall on or before the fifteenth day of January, one
thoufand feven hundred and eighty-nine clofe their accounts and deliver the fame to
the treafurer for the time being, and after deducing two and a half per centum com-
millions, pay the faid treafurer all fuch monies as (hall be by fuch colle&ors received
in purfuance of this aft.
12. And be it alfo enacted by the authority aforefaid, That any perfon negleftingor
refufing to give in his or her account of the lands and flaves, or other taxable proper- ££££?. ,aUH-
ty, or any part thereof, to the receivers aforefaid refpeflively, at fuch time and place as
they fhall appoint agreeably to this aft, he or {he fhall be deemed a defaulter, and fhail
be taxed in double the fum which would have been due had the fame been returned
agreeably to this aft. The receivers fhall ufe their utmoft diligence to difcover and re-
turn any taxable property fo concealed for which fuch receivers or any other perfon
who fhall thus deteft fuch defaulter {hall be.entitled to receive of the colleftor one halfDoubleta^
of the double tax of fuch defaulter.
13. And be it enacted by the authority afore/aid^ That whenever the colleftor fhall property in de*
difcover that any perfon has omitted to return any property, he fhall fummon three au
freeholders who fhall refide in the diftriQ; where fuch property fhall be found, to af-
certain the value of the faid property, and to determine the amount of the double
tax upon it, for which amount the colleflor is hereby empowered to levy in the man-
ner herein before mentioned. And to the intent that the lands may be faithfully re-
turned, and in the name of the real owners and proprietors of the fame, Beitenac-
ted, That when lands are not included in any tax return as aforefaid, it {hall and may
be lawful to give the fame in evidence in any court of law in this ftate, that fuch land vacantia
was vacant at that time.
14. And whereas^ it has frequently happened, that between the day of receiving
the tax returns and the day appointed for the payment of the tax, many perfons have
left the diflrift in which they refided, and have been returned by the fheriffs as de-
faulters who had nQ property upon which they could levy or diflrain: Be it thereforeInsoIventllsf*
enacted by the authority aforefaid, That the fheriff fhall be obliged to prove in a fa-
tisfaftory manner, to the affiflant judges of the county in which he a6ts, the indigence
and inability of thofe whom he returns as defaulters without property.
15. And be it alfo enabled by the authority aforefaid, That the taxes impofed by Tax prcfeH.ed
this a6f, fhall be preferred to all fecurities and encumbrances whatever; and that m^c^.cum"
cafe any perfon fhall die between the time of giving in his or her account to the faid
receivers, and the paying of his or her tax, and any goods or chattels of the deceafed,
to the value of the fum fo taxed, fhall come into the hands of his or her executors
or adminiftrators, or executors in their own wrong, fuch executor or admini-Admilliitrata^
ftrator fhall pay the fame by the time before limited, prior to all judgments, moit-
gages, or debts whatfoever; or otherwife a warrant of execution fhall iffue againfl
the proper goods of fuch executor or adminiftrator : And if any perfon, between
the time of rendering the account of his or her ellate to the receiver aforefaid, and
the time of paying in his, her or their tax, fhall be about to depart «the county in Persons abou*
which he lives, the faid colleftor is hereby direfled and required forthwith to levy «the?e ^
the farae? notwithftanding the day of payment is not already come? unlefs fuch per-
43Q
TAX.
fons will find fureties to the liking of the colle&or for the payment thereof at the time
of payment.
maddetfevade *6. And be it alfo enatted, That all deeds of gift, conveyances, mortgages, fales
lentandvold?~and aflignments of lands, tenements, goods and chattels, of any perfons whatfo-
ever, made with an intention to avoid paying the tax, are hereby deemed and declared
null and void. And in cafe any perfon who has bona fide mortgaged any part
of his eftate real or perfonal, fhall refufe or negleft to pay the tax for the fame, the
mortgagee fhall be anfwerable and liable to pay the fame : Provided, That fuch efr
proviso. tate fhall be in poffeffion of faid mortgagee.
Executions ft- 17. And be it farther enaHed by the authority afore/aid. That the treafurer for the time
l^nstcouec- ^ an(j ^ heret3y empowered and required to grant executions againfl alL
former colle&ors of taxes who are or may he defaulters, immediately after the pah-
flag of this a6L
specific tax. 18, And be it further enatted, That an additional tax be impofed on and col-
le&ed of the inhabitants and others holding or laying claim to property within this,
ftate, to the amount of four fhillings and twopence fterling on every hundred
pounds value, in fpecifics, to be eftimated by the yolle&ors of the taxes afore-
faid in each county, in the manner dire&ed by a-n a&for raifing fupplies, paffed the
thirty-firfl day of O&ober, one thoufand feven hundred and eighty-feven, which
faid additional tax fhall be paid by the firfl Tuefday in January next; and all
and every defaulter or defaulters are hereby declared to be fubjed to the difabilities
while in default, as defaulters are under by the faid ad, as well as the penalties there*
in impofed.
By order of the Houfe.
N. BROWNSON, Speaker,
February 1, 1788.
An aU for impofnga tax for the year one thoufand feven hundred and ninety.
1. T> E IT ENACTED, by the Senate and Houfe of Reprefentatives of the fate of
Tax on lands JLJ Georgia in General Affembly met, That a tax of ten fhillings for every
granted or sur-hUndred pounds value of all lands within this ftate, granted to or furveyed for any
perfon, as fuch lands fhall be eftimated at, fhall be levied on the fame in the follow*
ing mode, viz.
Lands classed All tide fwamps (including iflands) cultivated or uncultivated, of the firft quality,
cordd[ngetoac" at ninety-feven fhillings per acre; of the fecond quality, fixty fhillings per acre;
soaiity. ^ quality, at thirty-feven fhillings per acre.
All pine barren lands adjoining fuch lands or contiguous thereto, and within three
miles of water carriage, at fifteen fhillings.per acre.
All prime inland fwamps, cultivated or uncultivated, at an average of fixty-feven
fhillings per acre; and of the fecond quality, at thirty-feven fhillings per acre; and
of the third quality, at fifteen fhillings per acre.
All pine barren lands adjoining or contiguous thereto, at four fhillings per acre*
Salt marfh, at four fhillings per acre.
TAX.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
including fuch as are commonly called fecond low grounds, lying above Aber-
corn, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firft quality at fifty-two flail lings per acre; of the fecond quality, at thirty {hillings
per acre; and of the third quality, at fifteen fhillings per acre.
All high river fwamp «as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft quality, at feventy-five fhillings per acre; of
f the fecond quality, at fifty-two fhillings per acre; and of the third quality, attwen-
ty-two {hillings per acre.
All high river fwamp as aforefaid, from the mouth of Rae's Creek to the mouth
of Broad River, lying on the river Savannah, of the firft quality, at forty-one
fhillings per acre; of the fecond quality, at twenty-two fhillings per acre; of the
third quality, at feven fhillings per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Rae's Creek, to the mouth of Broad River, within one mile of Savan-
nah River, of the firft quality, at fifteen fhillings per acre; of the fecond quality,
at feven fhillings per acre; and for the third quality, at four {hillings per acre.
All oak and hickory land (including iflands) cultivated or uncultivated, from the
mouth of Broad River up the Savannah River, within one mile of the fame, and
upTugalo River to the marked line on faid ftream, of the firft quality, at eleven
fhillings per acre; of the fecond quality, at fix fhillings per acre ; and of the third '
quality, at three fhillings per acre.
All oak and hickory land (including iflands) cultivated or uncultivated, from the
mouth of Broad River tp the marked line on the head thereof, of the firft quality,
at eleven fhillings per acre; of the fecond quality, at fix fhillings per acre; and
of the third quality, at three fhillings per acre.
All high river fwamp or low grounds (including iflands as aforefaid) from Fort Ar-
gyle, to the mouth of Buckhead Creek, on the river Ogechee, of the firft qua-
lity, at nineteen fhillings per acre; of the fecond quality, at eleven fhillings per
acre; and of the third quality, at four fhillings per acre.
All oak andi hickory lands as aforefaid, from the mouth of Buckhead Creek to the
head of Ogechee River, of the firft quality, at fifteen fhillings per acre; of the
fecond quality, at feven fhillings per acre; and of the third quality, at four fhih
lings per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Buckhead Creek
to the head of Ogechee River, of the firft quality, at fifteen fhillings per acre ; of
the fecond quality,. at feven fhillings per acre; and of the third quality, at four
(hillings per acre.
AH high river fwamp (including iflands) cultivated or uncultivated, from Cathead on
the river Alatamaha, to the mouth of Oconee River, of the firft quality, at twen-
ty-two fhillings per acre; of the fecond quality, at eleven fhillings per acre; and
of the third quality, at four fhillings per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Oconee River
along the northern ftream, and on the north fide of the Indian boundary line, to
the confluence of the Oconee and Appalachee or fouth fork, of the firft quality at
thirty fhillings per acre, of the fecond quality at fifteen fhillings per acre; and of.
the third quality ? at four fhillings per acre.
3 P
TAX.
All river fwamp as aforefaid, from the confluence of the Oconee River and Appa-
lachee Rivers upwards, on the north fide of the Indian boundary line, of the firft
quality, at twenty fhillings per acre; of the fecond quality, at twelve (hillings and
fixpence per acre; and of the third quality, at feven (hillings per acre.
All oak and hickory land (including iflands) cultivated or uncultivated, above the
flowing of the tide on all the rivers from Cathead, on the river Alatamaha, to
river St. Mary's, inclufive, to the marked line, of the firft quality, at feven fhil-
lings per acre; of the fecond quality, at four (hillings per acre; and of the third
quality, at two (hillings per acre.
All other oak and hickory land throughout the ftate, of the firft quality, at eleven (hil-
lings per acre; of the fecond quality, at (ix (hillings per acre; and of the third
quality, at three (hillings per acre.
All lands on the fea-iflands, or lying on or contiguous to the feafhore, ufually cul-
tivated, or capable of cultivation in corn or indigo, of the firft quality, at for-
ty-five (hillings per acre; of the fecond quality, at twenty-two (hillings per acrej
and of the third quality, at eleven (hillings per acre.
All other pine lands throughout the ftate, at two (hillings per acre.
Taxonpersons, 2. And be it enaEled by the authority aforefaid, That the fum of four (hillings be
•egroes,&c. ]evje(j on a]| free ma]e white perfons from the age of twenty-one years and up-
wards in this ftate, and the fum of four (hillings on all negroes and other (laves what-
foever, within the limits of the fame, and the fum of ten (hillings for every
hundred pounds value of every lot,. wharf or other lands (not herein already enu-
merated) and on all buildings within the limits of any town, village or borough with-
in this ftate, and the fum of fixty-four (hillings on every four-wheeled, and the
fum of thirty-two (hillings on every two-wheeled carriage (waggons, carts and
drays excepted) and the fum o.f four (hillings upon ail male free negroes, mulattoes
and muftizoes, from the age of twenty-one and upwards, over and above the taxable
property they may be poflefted of.
On stock in 3 •
And be it further enabled, That the fum of two fhillings (hall be levied for
**de, -c. every hundred pounds value of all perfons' (lock in trade, (hopkeepers and others,
adtual refidents, to be given in upon oath, and to be computed at the prime coft,'
and the fum of four pounds on all pradlitioners of law or phyfic, and the fum of
four pounds on all fadors and brokers, and on all foreign goods, wares, liquors
and merchandize, and negroes fold, bargained or trafficked for by all fuch fadtors
and brokers, the fum of fifty (hillings on every hundred pounds by them fo fold or
difpofed of, to be given in upon oath, and on all vendue mafters (after qualification)
throughout the ftate, the fum of four pounds,
twvitt. 4* Provided nevcrthelefs, That in all cafes of extreme indigence or infirmity, the
fuperior court of each county (hall be, and they are hereby authorized to remit the
poll tax upon fuch indigent or infirm perfons claiming the fame.
Return, of tax- 5- And be it enabled by the authority aforefaid, That the mode of colleding the
iJwtXcy' taxes (hall be as follows : The receiver of taxable returns in each county (hall give
"***' notice to each captain's diftridt within his county, by advertifing in the moft public
places of the faid diftridt, the day and place he will attend to receive their returns of
taxable property; and the commanding officer of each company (hall give to there-
ceiver fo attending a lift of all the inhabitants liable to pay taxes within his diftridt, on
oath or affirmation, to the beft of his knowledge and information; and it (hall be the
duty of the receiver of returns at all times, upon perfonal application, to receive the re-
turns not given in at the time and place fpecially notified, at any time before he makes a
TAX,
cligeft of the whole returns, and he fhall, previous to entering on the execution of his
duty, take and fubfcribe an oath or affirmation in the words following: 641, A. B. do Recciwstat*
folemnly fwear (or affirm) that I will truly and faithfully perform all the duties of receiv-
er of returns of taxable property in the county to which I am appointed, as required of
me by this and will not receive any return but on oath or affirmation.''
6. And be it alfo enabled, That all and every perfon liable to pay tax fhall give in
the lift of his, her or their taxable property, as well as a lift of every fuch perfon or makc ret4m»-
perfons as he, fhe.or they, may be attorney or attornies, executor or executors, ad*
tniniftrator or adminiftrators for, or in the county or counties where fuch attorney,
executor or adminiftrator refides, and every fuch perfon or perfons giving in taxa-
ble property as aforefaid, fhall make a return defcriptive of the lands and other tax- cenerat retua
able property, as the fame may be in the diffeient counties of this ftate; and the re- d°r penalty of"
ceiver of fuch returns fhall proceed, after being duly qualified in giving notice, to pounds,
make a general return of the whole fo received, and alfo of the taxable property of
non-refidents and defaulters within his diftriCt, and fhall tranfmit a copy thereof to
the colleCtor of the county, fuperior court and treafurer of the ftate (under the pe-
iialty of two thoufand pounds) including therein his own taxable property, and fhall
publiffi, within one month thereafter, in the gazette, the names of all defaulters,
der the penalty of fifty pounds; and the faid receiver fhall be entitled to receive for
each return made in his diftriCt, to be allowed as aforefaid, the fum of fixpence, and
threepence for each name in the general returns to be tranfmitted to the treafurer, fu-
perior court and collector of taxes.
The collectors of the refpeftive counties, before they enter on the duties of their coiieaors sW
office, fhall give bond with fufficient fecurity, as follows: for the county of Chatham, Suy.4 an4'"
in the fum of eight thoufand pounds; for the county of Effingham, two thoufand
pounds; for the county of Burke, four thoufand pounds; for the county of Rich-
mond, five thoufand pounds; for the county of Wilkes, eight thoufand pounds; for
the county of Liberty, five thoufand pounds; for the county of Glynn, one thou-
fand pounds; for the county of Camden, two thoufand pounds; for the county of
Waffiington, two thoufand pounds; for the county of Franklin, one thoufand
pounds; and for the county of Greene, one thoufand pounds; as pointed out in and by
the tax a£t* of one thoufand feven hundred and eighty-eight; and (hall alfo take and
fubfcribe-the following oath, viz: 44 I, A. B. appointed colle£lor of taxes for the And take thi»
county of -, do folemnly fwear, that I will faithfully difcharge the duties re-oatk'
quired of me by law."
And in cafe of the death, refufal or neglect of any fuch collector to enter into fuch racaaci0*«
bond or take fuch oath, then his excellency the governor is hereby authorized and
required to appoint fome other perfon willing to accept the fame, on the qualifica-
tion aforefaid, who fhall attend in each diftrict of the county to receive fuch tax,
arid fhall previoufly give public notice thereof, at lead ten days, of the time and
place of his attending; and if he fhall prefume to execute the faid office without the
qualifications aforefaid, he fhall forfeit and pay double the fum for each perfon's tax he
fhall receive, to be recovered by any perfon who fhall inform and profecutefor the fame.
y. And be it enaBed by the authority aforefaid That all bonds and fecurities giv-Their bona* t#
en by the collectors appointed by or in purfuance of this a£t, ffiall be tranfmitted by
the perfons taking the fame to the treafury, on or before the firft day of Auguft hundred
next, under the penalty of five hundred pounds for every fuch neglect or refufal, pottna''
f See iotb fe&ion of faid a£h
1
TAX.
^ ^
T,^ retur,^ 8 ^ it further enabled by the authority of orefaid, That all perfons whatfoevefj
who" are poffefled of any lands granted to, or furveyed for them, or for any other
perfon or pe#ons, flaves, or carriages, either in their own right or in the right of any
other perfon, or are liable to pay any other tax by virtue of this aft, fhall, on or
before the fir ft day of July, render a particular account thereof in writing uport
oath or affirmation, fetting forth in what county the faid lands and flaves are to the
befl of his, her or their knowledge, to the receiver of the diftrift wherein fuch perfon
rehdes, at fuch time and place as the faid receiver fhall direft and appoint for the doing
thereof, fo that the fame be done on or before the firft day of July aforefaid : which
rcrm thereof, oath or affirmation {hall be in the words following: " I, -, do.fwear (or affirm
as the cafe may be) that the account which I now give in is a juff and true account of
all the taxable property which I was poffeffed of, held or claimed, on the firft day of
February, one thoufand feven hundred and ninety, or was interefted in or entitled
unto, either in my own right or in the right of any other perfon or perfons whatfoe-
ver, as parent, guardian, executor, agent or truftee, or in any other manner whatfo-
ever, according to the befl of my knowledge, information and belief; and that I will
give a jufl and true anfwer to all lawful queflions that may be afked me touching the
fame; and this I declare without any equivocation or mental refervation whatfo-
ever. So help me God." Which faid oath or affirmation the faid receivers of tax
returns are hereby refpeftively duly authorized and required to adminifter, and that
gratis.
Persons refu- 9 And be it further enabled, That if any perfon or perfons fhall be guilty of neglec-
iS? ting or refufing to give in a return of his, her or their taxable property, or fhall be
pushed. conv-0.e(j fraucj or making a falfe return thereof, he, fhe or they, fhall be liable to
pay to the clerk of the fuperior court of the county, a fine of ten pounds for every
hundred pounds valuation fo neglefted or concealed, one moiety thereof for the
ufe of the county under the direftions of the fuperior court, and the other moiety
to the informer or informers.
10. And whereas there are divers trafts of land and fundry flaves in this flate,
owned, held, or claimed by perfons not refident in the fame, who pay no tax to-
Stf'to^'ward the fupport of the government thereof: Therefore be it enabled by the authority
Srindfay™5' aforefaid, That all attornies and truftees of orfor any perfon or perfons living without
thIirownes-°f the limits of this flate, fhall make true returns as aforefaid, and in the diftrift where fuch
m*s' attorney or truftee rehdes, and that fuch attorney or truftee, attornies or truftees fhall
be fubjeft and liable to pay the tax to become due by virtue of this aft, which may
be due by any former tax aft or afts, for fuch land or lands, {lave or flaves, out of
his, her or their own proper eftate; notwithftanding fuch attorney or attornies, tiuftee
or truftees, may renounce of difciaim afting as fuch before the faid tax is levied, un-
or renounce fefs fuch attorney or attornies, truftee or truftees, fhall make oath before the receiver
thciruu^ton aforefaj(]5 that he or they, hath or have renounced fuch attorneyfhip before the pay-
ment of the faid tax became due, without having done it only with an intention to
proviso. avoid the payment thereof: Provided always, That if fuch attorney or attornies,
truftee or truftees, fhall, within one year next after fuch oath made, again become
attorney or attornies, truftee or truftees, or aft as fuch, he or they, fhall be liable to
pay the faid tax as herein direfted, any thing herein contained to the contrary not-
withftanding; and for levying whereof, the fame remedies fhall be and are herein giv-
en as for levying the tax to become due by virtue of this aft on the proper eftate or
eftates, of fuch attorney or attornies, truflee or truftees, or other perfon or perfons
afting as fuch,
TAX.
4 85
11. And be it alfo enaBed by the authority afore/aid, That in cafe any lands or
other taxable property fhall be found by the receivers to belong to any perfon or to be charged,
perfons refiding without the limits of this (late, and who have no attorney or attor-
nies, truftee.or truftees, legally conftituted in this date, or which have not been re-
turned to any receiver appointed for the county where fuch lands are, then and in
fuch cafe, the receivers fhall be and they^are hereby authorized and required to charge
the. faid lands and other property for the payment of the tax impofed thereon, and
alfo for all taxes due thereon by any former tax aft, and forthwith once in each month to
publifh and give notice of fuch charge or affeifment in the gazettes, and in cafe of non-
payment of fuch taxes within fix months the faid lands and other property fhall be
thereafter liable to a double tax, and to be proceeded againft by attachment in a fum-
mary way by the colleftor in the manner of diftrefs and fale and to make titles to the
perfon or perfons purchafing the fame, and to pay the money (lawful charges only
to be dedufted) into the treafury.
12. And be it enaBed by the authority aforefaidy That all perfons whatfoever, T x lu wan.;
who are poffeffed of any lands or flaves in this ftate, in his own right or in the^ptobe
right of others, or any wife liable to pay tax by virtue of this or any other tax aft,
fhall pay in their taxes to the colleftors that may be appointed to receive the fame, in
the manner herein after direfted on or before the fifteenth day of December, one
thoufand feven hundred and ninety, and the refpeftive collectors' receipts fhall be held
and taken as fatisfaftory, and if at the fifteenth day of December one thoufand feven
hundred and ninety aforefaid, any perfon or perfons fhall be in default, the col-
leftor of the county wherev fuch default fhall happen,, fhall immediately poceed
againft fuch defaulter or defaulters by diftrefs and fale of their goods and chat-nowfcand
tels, if any be found, otherwife on the land of fuch defaulter or defaulters, or fo much
thereof as will pay the amount of the taxes due with cofts, and in all fuch cafes to make ^etheW.
titles to the purchafers of the property fold as aforefaid, and the faid colleftors ref-
peftively, fhall on or before the firft day of March, in the year one thoufand feven coi!e<w
hundred and ninety-one, clofe their accounts and deliver the fame to the.treafurer U1*S10*-
for the time being, and after deducting two and a half per centum on all fuch taxes
as they fhall receive, pay the remainder to the faid treafurer.
13. And be it alfo enaBed by the authority aforefaid, That any perfon or perfons neg-Pl.0pCrtv!nde
lecting or refufmg to give in his her or their account of lands, flaves, or other taxa-kyuL°cliecia!"
ble property as aforefaid, fhall be taxed in double the fum herein already pointed out, _
fand every receiver as aforefaid fhall be entitled to receive of the colleftor to whom he
accounts, one half of the double tax hereby fo impofedon the property of defaulters,
fpecially returned by fuch receivers.
14. And be it further enaBed, That when any of the faid receivers of returns, or How to be ra-
colleftors of taxes fhall or may difcover that any lands, flaves, or other taxable pro-ski.'11"1''"''6"
perty hath not been returned as in this aft pointed out, he or they fhall fummon three
freeholders refidents of the diftrift where fuch lands may lie, or other property, be
to afcertain the value of fuch lands or other property, and double the tax thereon for
which amount the collector is hereby empowered and required to levy, fell, and con-
vey, in the manner herein already mentioned.
15. Provided always neverthelefs, That all lands or other property vefted in com-proviso,
miftioners or truftees for public ufes, fhall not come within the purview or meaning
of this aft: And provided alfo, That no fale which fhall be made under this aft'of proper^of c.;.
the property of orphans having no guardian or truftee fhall have any effeft. rlu'18.
4SS TAX.
16. And whereas it has happened, and may frequently happen, that between the
day of receiving the return and the day appointed for the payment of the faid tax,
many perfons have left the diftrifts in which they refide, and have been returned by
the collcftor as infolvents, who had no property upon which they could levy and
insolvent*, diftrain : Be it therefore enaBed by the authority aforefaid, That the colleftor in every
fuch county fliall be obliged to prove in a fatisfaftory manner to the fuperior court
of the county in which he ads, the indigence or inability of thofe whom he returns
infolvents having no property.
SloanS- 17- And be it alfo enaBed by the authority aforefaid, That the taxes impofed by
eumbnmces. act qiap j~,e preferred to all fecurities and encumbrances whatfoever, and that in cafe
any perfon or perfons coming under the notice of this ad, fliall die between the time
of giving in his, her or their returns to the receiver or receivers refpedively, and
the paying of his, her or their tax, and any goods or chattels of the deceafed to the
value of the fum fo taxed fliall come into the hands of his, her or their executors or
Aduunistratoif. adminiftrators, or executors in their own wrong, fuch executors or adminiftrators
fliall pay the fum by the time before limited, prior to all judgments, mortgages or debts
whatfoever, or otherwife a warrant of execution fliall iffue again!! the proper goods
and chattels of fuch executor or adminiftrator; and jf any perfon or perfons between
the time of rendering the account of his, her or their eftate to the receiver aforefaid,
to?e°aveath°eut and the time of his, her or their paying in the faid tax, fliall be about to depart the
6tale' county in which he, flie or they, may have immediately then preceding refided, the
faid collector and colleftors is and are hereby directed and required forthwith to levy
the fame, notwithftandingthe day of payment may not then become; unlefs fuch
perfon or perfons fliall and will find fecurities to be approved of by the faid collector
or collectors refpeftively, for the payment thereof at the day herein appointed.
Deeiis Sec *8. And be it further enaBed, That all deeds of gift, conveyances, mortgages, fales
?imux,frau-c and aflignments of goods, lands, tenements and chattels of any kind, of any perfon
duientami or perponj> whatfoever, made with an intention to avoid paying the aforefaid tax, are
hereby deemed and declared null and void; and in cafe any perfon who has bona fide
mortgaged any part of his eftate real or perfonal, fliall refufe or neglect to pay the tax
for the fame, the mortgagee fliall be anfwerable and liable to pay the fame, if in aftual
poffeflion of the premifes.
gainst coSec- *9* it further enaBed by the authority aforefaid, That the treafurer for
t0is- the time being, be and is hereby empowered and required to grant executions
again ft all former collectors of taxes who are or may be defaulters, immediately after
the pafling of this act.
20. And be it further enaBed, That the treafurer for the time being, be and is
hereby required and directed to proceed and prepare a general return, to be made by
the refpeCtive receivers of tax returns, to be approved of by the governor, and tranf-
mitted by the treafurer without delay to the aforefaid officers,
sciiproperty21* And be it further enaBed, That when the collector of the county finds no
tttfw which0" ProPerty rcal or perfonal therein of perfons in arrears, to fatisfv the tax due by virtue
pK£ap" of this or any former tax aft, fuch colleftor is hereby authorized and empowered to
fell fo much of the property of the perfon neglecting to pay as aforefaid, as may be
fituate in any other county or counties, as will fatisfy the faid tax and arrears of tax
aforefaid, and make titles thereto. Provided, That thirty days' notice be previoufly
given of the time and place of fuch fale, by fuch colleftor in the public gazette.
t.ix in what it And be it further enaBed by the authority aforefaid, That the tax impofed by this
aft, fliall be paid and collefted in the following manner, that is to fay : One half
TAX. 487
thereof in merchantable rice, at twelve {hillings per hundred weight; in infpeQed
crop tobacco, at fixteen (hillings and fourpence per hundred weight, or fpecie, and
nothing elfe; any law to the contrary notwithftanding. And the remaining moiety
(hall be collected in the paper medium emitted under an a6t paffed the fourteenth day
.of Auguft, one thoufand feven hundred and eighty-fix, and nothing elfe.
22, Be it aljo enaBed by the authority aforefaid, That the faid fpecific articles fhall
be delivered at the infpeftion in Savannah, Sunbury, Augufta, New-Savannah, Louif- "tfue.f.si'ecifi#
ville and Call's warehoufes only; and that tobacco fhall be received in well coopered
hogfheuds weighing not lefs than nine hundred and fifty pounds net, and rice in well
coopered barrels weighing not lefs than five hundred and twenty-five pounds net.
2g. And be it further enaBed by the authority aforefaid, That the governor fhall, The governor
on the appointment of colle&ors and receivers of taxes of the feveral counties with- K£skc°of
in this ftate, notify the fame in the moft public manner; and fhould it fo happenSs?p0Ult"
that any of the aforefaid officers refufe or neglect to qualify within twenty days after
the notification fo given as aforefaid, then and in that cafe the governor is hereby au-
thorized and required to fill up fuch vacancy or vacancies.
SEABORN JONES, Speaker of the Houfe of Reprefentalives.
N. BROWNSON, Prefdcnt of the Senate.
Concurred, December 29, 1789.
EDWARD TELFAIR, Governor,
An aB for the fupport of government jrom the firft Monday in November, one thoufand
feven hundred a'id ninety, to the frf Monday in November, one thoufand feven hun-
dred and ninety-one, by raijing a tax on peifons and property,
1. ~OE IT ENACTED, by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia, iu General Affembly met, and by the authority of the fame, That aTaxoniamh
tax of fix fhillings fpecie or lpecifics for every hundred pounds value of all lands
within this ftate, granted to or furveyed for any perfon, as fuch land is eftimated by
the tax a6t of the year one thoufand feven hundred and ninety, be levied thereon Accordingt0
agreeably to the mode, and collected as dire&ed by the faid tax aft, except where the mediately pS£T
p • 1 11 1 • J r ceding this
dame is altered by this act. aa.
2. And be it further enaBed, That the fum of two fhillings and fourpence fhall be 25^ £7°"
levied on all free white males from the age of twenty-one years in this ftate; the fum
of two fhillings and fourpence .on all negroes, mulattoes, or other flaves, and the like
fum on all free negroes, or other free perfons of color, upwards of fixteen years of
age, over and above their property; the fum of fix fhillings on all and every hundred Onlotc,&e.
pounds value of every lot, wharf or other lands, not included in the faid tax aft, and
on all buildings within the limits of any town, village or borough within this ftate; 0n
and the fum of two dollars on all four-wheeled carriages (waggons excepted); the fum stLFfn'Sf
of fix fhillings for every hundred pounds value of all ftock in trade, including the
amount of imports, purchafes or confignments for the preceding year on all fhop-
keepers and others, to be given in upon oath, to be computed at the prime coft; the
fum of forty-five fhillings on all pra&itioners of law or phyfic, and each and every Oad0(!lor. *c
factor, broker and vendue mafter; and the fum of fix fhillings on every hundred
pounds value of all foreign goods, wares and merchandize, and negroes fold, bargain-
488
TAX.
ed or trafficked for by fuch faftors, brokers or vendue mailers, and each and every of
them.
Receive™md 3' be 'lt further enaBed by the authority aforefaid, That the tax collectors and
,w«l°ediwbe receivers appointed or to be appointed, (hall be and hereby are inverted with full pow-
uxfoVi'S'o?1 er an<^ authority to carry this aft into execution at the days and times in the year ono
thoufand feven hundred and ninety-one,* as is mentioned in the faid tax aft for the year
one thoufand feven hundred and ninety, agreeably to the principles and fpirit thereof:
proviso Provided, That no collector be allowed to diftrain for any tax impofed by this aft
previous to the firrt day of January, feventeen hundred and ninety-two, except where
perfons are removing, or about to remove, from the county in which .the return is
Entitled to the made; and fuch receivers of tax returns and collectors of taxes Chart be entitled to
the fame fees and be fubjeft to the fame penalties, as in and by the faid aft is given
^^wmepen-and granted, demanded and required.
The coventor 4* And be it further enaBed, That the governor and treafurer be, and they are
JoveSn" hereby refpeftively verted with all the powers given them by the faid act, entitled
the .saidact. tt act for impofing a tax for the year feventeen hundred and ninety,
cerk,directed 5. And be it further enaBed by the authority aforefaid, That the clerks of fuperior
fk'kofpcr-" courts within their refpeftive .counties, at any time within fixty days from the parting
^ 'lu ' of this act, be authorized and directed to receive any return, duly fworn to, from
any defaulter of his, her or their taxable property ; and where any perfon has been
defaulter for the year feventeen hundred and ninety, the tax fhall be collefted and
paid into the treafury, as pointed out in the tax aft of that year, and if for any year
preceding, it fhall be collected and paid as above in the paper medium of this ftate,
any law to the contrary notwithftanding. And it fhall be the duty of the clerks of
the fuperior courts where any defaulter fhgll give in his, her or their returns as aforefait}
to tranfmit a lift of the fame, with the amount of taxable property fo returned to
fhe\ 1 we?to'the the treafury of "this date, and alfo to the colleftor in their refpeftive counties, with-
tre-.-ury. four monfr,s from the parting of this aft, and fuch defaulters fo giving in their rev
turns as aforefaid, fhall be exempted from the pains and penalties pointed out in
the faid aft, and the feveral colleftors fhall add an account of all fuch taxable pro-
perty to the general returns of their refpeftiye counties, and pay the fame into the
treafury, and the clerks of the fuperior courts fhall be allowed the fum of two fhiU
lings and fourpence for each return fo received and tranfmitted as before direfted.
6. And be itfurther enabled, That there fhall be one receiver of taxable returns
t0 for each county except Wilkes, and in that there lhall be a receiver appointed for
£fracacoun~ each battalion of militia therein,
e 7- And be it enaBed, That any perfon or perfons chargeable with tax by this aft,
ktlcL" Tte-ific may Pay die fame or any part thereof in clean merchantable rice, delivered £t Sa-
i^K^vannah, Sunbury or North Newport Bridge, at the rate qf ten fbillings per hun-
dred weight; in crop or transfer tobacco notes, infpefted, delivered at Savannah,
fourteen ihillings; each of the infpeftions at Augufta, New-Savannah, Georgetown,
Louifville, and. at no other place, at the rate of twelve fhillings and fixpence per
hundred weight, or in merchantable cotton, clear of feed, in bags : Provided, That
no bag of cotton fhall be received that fhall not weigh at leaft pne hundred pounds
net, to be received at the feveral places aforefaid, at the rate of one fhilling pe?
pound.
8. And be it further enaBed by the authority aforefaid, That from and after-th$.
cot ton*and* dec parting of this aft, an infpeftion of rice and cotton fhall be eftablifhed at Savann^
sundry places, # See page 480.
Sunbury and North Newport; at. which infpe&ians all rice and cotton (hall be re-
ceived and infpe&ed, before it fliall be received in payment of taxes, by perfons to
be hereafter appointed infpe&ors of the fame, by the juftices of the inferior court,
who are alfo empowered to fix on the proper places for fuch infpections. AnchoWp'iiueX
where any rice or cotton is offered in payment of tax, it fhall be delivered at the
places aforefaid; and if upon infpeQion the faicl articles fhall be merchantable, it
fhall be the duty of the infpefiiors to weigh and pafs the fame, if cotton, in bags
of at leaf! one hundred pounds net, if rice, in barrels or half barrels as directed byWh03,.alI ;ve
law, (lamping or marking the weight on the bag or barrel fo paffed; and the infpec-*^tsforUie'
tors fhall enter the name of' the perfon delivering fuch rice or cotton inpayment
of tax, with the net weight of each cafk and bag, and fhall enter the fame in a book
to be by him kept for that purpofe, and fhall give to the owner thereof a receipt in
the following form, viz.
Warehoufe, day of
Received of A. B. barrels of good merchantable rice or bags of Form thereof,
cotton (as'the cafe may be) marks, weight and number as per margin, to be deliverr
ed to the order of the executive on demand, this day of
And all receipts fhall be printed, and no infpeflof or infpeblors fhall, on any pre-
tence whatever, iffue any other than a printed receipt, which fhall be received by the
feveral collectors in payment of tax; and the feveral infpeflors fhall be allowed forTheirfce,;
their trouble for infpefting and coopering fuch barrel of rice, the fum of one {billing
and twopence; and for each bag of cotton, the fum of one (hilling and twopence, to
be paid by the owner or perfon delivering fuch rice or cotton on receiving the receipt
as aforefaid, and (hall alfo receive the legal (forage for rice, and fevenpence on each
bag of cotton, to be paid by the (hipper or perfon receiving the fame; and every in-
fpeftor hereby appointed, before he enters upon the duties of his office, (hall give and sfcuritff
bond and good fecurity, payable to his excellency the governor and his fucceffors in
office, in the fum of one thoufand pounds, for the faithful performance of his duty,
and for the delivery of all fuch rice and cotton as (hall come into his hands when the
fame may be called for, in the fame merchantable condition as be received them.
9. And be it further enaBed, That each of the feveral infpefitors, before they en-
ter on the duties of their office, (hall take and fubfcribe the following oath or affirm- ofth.takca*
ation, the fame to be adminiffered in open court, viz. "I, A. B. do folemnly fwear, Formthercof
that I will carefully view and examine all rice and cotton which may be brought to
me for that purpofe, and that I will not give my receipt to any perfon for rice or cot-
ton, but fuch as (hall be in my judgment clean and merchantable. So help me God."
10. And be it enaBed, That the feveral colleftors appointed by virtue of this a£l HowcolIeaof#i
fhall keep an exafil account of all fpecie and fpecifics by them received in payment ofSS™ to
taxes to be colle6led by them, and (hall, on the fettlement of their accounts with thethetreas*w-
treafurer, (late the fame in different columns, fpecifying the different kinds of fpeci-
fics, the amount of fpecie, and of whom and when received; and the treafurer is
hereby directed not to receive any collector's account which is not dated according
to the mode pointed out as above; and any colleftor who (hail be guilty of making
a falfe return (hall, on due proof thereof, forfeit and pay the fum of five hundred
3 Q
49° TAX.
pounds, one half to the informer, and the other half to the ufe of the county of
which he is colletlor, to be recovered by bill, plaint or information.
JOSEPH HABERSHAM, 'speaker of the Iloufe of Reprefentatives.
NATH \N BROWNSON, Prefident of the Senate,
Concurred 10th December, 1790.
EDWARD TELFAIR, Governor.
An aU to raife a tax for the fupport of government for the year one thoufand feven hun-
dred and ninety-two.
lTnd^ranted "D E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
•rsurveyed, Georgia in General Affembly met, That a tax of fix {hillings for every hun-
dred pounds value of all lands within this {late, granted to or furveyed for any per-
fon, as fuch lands {hall be ellimated at, {hall be levied on the fame in the following
mode, to wit: -
According to All tide fwamps (including ifiands) cultivated or uncultivated, of the firft quality,
the^foiiowmg forty-eight {hillings and fixpence per acre; of the fecond quality, at thirty foil-
lings per acre; and of the third quality, at eighteen {hillings and fixpence per
acre.
All pine barren lands adjoining fuch lands or contiguous thereto, and within three
miles of water carriage, at feven {hillings and fixpence per acre.
All prime inland fwamp, cultivated or uncultivated, of the firft quality, at an ave-
rage of thirty-three {hillings and fixpence per acre; of the fecond quality, at
eighteen {hillings and fixpence per acre; and of the third quality, at feven foil-
lings and fixpence per acre.
All pine barren lands adjoining or contiguous thereto, at two {hillings per acre.
Salt marfo, at two {hillings per acre.
All high river fwamp or low ground (including ifiands) cultivated or uncultivated
(including fuch as are commonly called fecond low grounds) lying above Aber-
corn, and as high as the mouth of M'Bean's Creek on Savannah River, of
the firft quality, at twenty-fix fhillings per acre; of the fecond quality, at fifteen
{hillings per acre; and of the third quality, at feven {hillings and fixpence per
acre.
All high river fwamps as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft qualify, at thirty-feven {hillings and fixpence
per acre; of the fecond quality, at twenty-fix {hillings per acre; and of the third
quality, at eleven {hillings per acre.
All high river fwamps as aforefaid, from the mouth of Rae's Creek to the mouth of
Broad River, lying on the Savannah River, of the firft quality, at twenty foil-
lings and fixpence per acre; of the fecond quality, at eleven {hillings per acre;
and of the third quality, at three {hillings and fixpence per acre.
All oak and hickory lands (including ifiands) cultivated or uncultivated, from the
mouth of Rae's Creek to the mouth of Broad River, within one mile of Savannah
River, of the firft quality, at feven {hillings and fixpence per acre; of the fecond
quality, at three {hillings and fixpence per acre; and of the third quality^ at two
{hillings per acre,
TAX.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River up the Savannah River, within one mile of the lame, and
up Tugalo River to the marked line on the faid ftream, of the firft quality, at
five fhillings and fixpence per acre; of the fecond quality, at three fhillings per
acre; and of the third quality, at one fhilling and fixpence per acre.
All oak and hickory land (including illands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quali-
ty, at five fhillings and fixpence per acre; of the fecond quality, at three fhillings
per acre; and of the third quality at one fhilling and fixpence per acre.
All high rjvcr fwamp or low grounds (including illands) cultivated or uncultivated,
from Fort Argyle to the mouth of Buckhead Creek, on the river Ogechee, of
the fir ft quality, at nine fhillings and fixpence per acre; of the fecond quality, at
five fhillings and fixpence per acre; and of the third quality at two fhillings per
acre.
All oak ana hickory land as aforefaid, from the mouth of Buckhead Creek to the
head of Ogechee River, of the firft quality, at feven fhillings and fixpence per
acre; of the fecond quality, at three fhillings and fixpence per acre; and of the
third quality, at two fhillings per acre.
AlFhigh river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buckhead Creek to the head of Ogechee River, of the firft
quality, at feven fhillings and fixpence per acre; of the fecond quality, at three
fhillings and fixpence per acre; and of the third quality, at two fhillings per acre.
All high river lwamp (including iflands) cultivated or uncultivated, from Cathead,
on the river Alatamaha, to the mouth of Oconee River, of the firft quality, at
eleven fhillings per acre; of the fecond quality, at five fhillings and fixpence per
acre; and of the third quality, at two fhillings per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of OconeetRivcr,
along the northern ftream on the north fide of the Indian temporary line, )to the
confluence of the Oconee and Appalachee or fouth fork, of the firft quality, at
fifteen fhillings per acre; and of the fecond quality, at feven fhillings andiixpencc
per acre; and of the third quality, at two Ihillings per acre.
All river fwamp as aforefaid, from the confluence of the Oconee River and Appala-
chee River, upwards, on the north fide of the Indian temporary line, of the firft
quality, at ten fhillings per acre; of the fecond quality, at fix (hillings and three-
pence per acre; and of the third quality, at three fhillings and fixpence per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the
flowing of the tide on all the rivers from Cathead, on the river Alatamaha, to the
river St. Mary's, jnclufive, to the marked line, of the firft quality, at three fhii-
lings and fixpence per acre; of the fecond quality, at two fhillings per acre; and
of the third quality, at one fhilling per acre.
All other oak and hickory lands thioughout the flate, of tie firft quality, at five
fhillings and fixpence per acre; of the fecond quality, at three (hillings per acre;
and of the third quality, atone (hilling and fixpence per acre.
All lands on the fea . lands, or lying on or contiguous to the feufhore, ufually cultiva-
ted or capable of cultivation in corn or indigo, of the firft quality, at twenty-two
(hillings and fixpence; of the fecond quality, at eleven (hillings; and of the third
quality, at five Ihillings and fixpence per acre.
AH odicr pine land throughout the ftate, at one fhilling per acre.
I
TAX.
niSwhkcper- 2. Arid be it enacted by the authority aforefaid, That the fura of one Chilling and
,uns- twopence (hall be levied on all freemale white perfons from the age of twenty-one
on negroes, years and upwards in this ftate, and the fum of one (hilling and twopence on ail ne-
groes and other (laves whatever, under the age of (ixty years, within the limits of
onloti,&c. fame. and the fum of three (hillings and. fixpence for every hundred pounds
value of every lot, wharf or other lands, not herein already enumerated, and on all
oacarriage!, buildings within the limits of any town, village or borough within the fame ; and the
fum of four (hillings and eightpence on every four-wheeled carriage, including cara-
vans, coaches and ftage-waggons; and the fum of two (hillings and fourpence on
on free ne- every two-wheeled carriage (waggons, carts and drays excepted;} and ihe fum-of
one (hilling and twopence upon all male free negroes, mulattoes and muftizoes,
from the age of twenty-one years and upwards, over and above the taxable proper-
©n stock in ty they may be pofifelfed of; that the fum of three (hillings and fixpence (hall be
tllde* levied for every hundred pounds value of all perlon's (lock in trade, ffiopkeepers
physicians,&c. and others, to be given in upon oath, and to be computed at prime coft; the fum of
twenty (hillings on all profeffors of law or phyfic; and the fum of twenty (hillings
on all fadors and brokers, and on all foreign goods, wares, liquors and merchan-
dize, and negroes fold, bargained or trafficked for by all fuch fadors and brokers,
thd fum of three (liillings and fixpence on every hundred pounds by them fo fold or
difpofed of, to be given in upon oath; and upon all vendue mailers, after qualification,
proviso. the fum of twenty (hillings. Provided neverthelefs, That in all cafes of extreme in-
digence or infirmity, the inferior court of each county (hall be and they are hereby
authorized to remit the poll tax, upon fuch indigent or infirm perfon's claiming the
fame.
be appointed10 3* ^ enabled by the authority aforefaid, That there (hall be one receiver for
uurach bat* each battalion of militia throughout this ftate; and that the mode of taking the re-
Their duty, turns (hall be as follows : The receiver of taxable returns in each battalion, (hall
give notice to each captain's diftrid within the battalion, by advertifing in the mod
public place of each diftrid the day and place he will attend to receive the returns of
taxable property therefor, and which notice (hall be given at leaft ten days previous
thereto. Such receiver (hall likewife attend previous to making his return of de-
faulters, three different days in each diftrid for that purpofe, which days (hall not
be within feven days of each other; and the commanding officer of each company,
(hall give to the receiver fo attending a lift of all the inhabitants liable to pay taxes
within his diftrid, on oath or affirmation to the beft of his knowledge and informa-
tion,; and it (hall be the duty of the receiver of returns, at all times upon perfonal
application, to receive the returns not given in at the time and place fpecially notifi-
ed, at any time before he makes a digeft of the whole returns; and he (hall, pre-
vious to entering on the execution of his duty, take and fubferibe an oath or affir-
shaii take-an mation in the words following, to wit: <s I, A. B. do folemnly fwear (or affirm} that
words? I will truly and faithfully perform the duties of receiver of returns of taxable prop-
erty in the battalion to which I am appointed, as required of me by this ad, and
will not receive any return but on oath or affirmation."
Returns in what 4. And be it alfo enaftcd, That all and every perfon liable to papitax, (hall give
Sade. iu the lift of his, het; or their taxable property, as well as a lift of every fuch perfon
or perfons, as he, (he or they, may be attorney or attornies, executor or adminiftra-
tor refides, defcribing as near as poffible from the plats, deeds or other documents,
the particular (ituation of fuch land, in what county, what particular watercourfe
on, and what lands it adjoins; and the receiver of fuch returns (hall make a gener-
TAX.
4 93
al digeft, and return the whole of the taxable property received as aforefaid, and alfo make a general
of the taxable property of non-refidents and defaulters within his battalion, anddisw,t'
fhall tranfmit three copies, one to the colleftor of the county, one to the inferior u^crpenalty
court, and ont to the treafurer, under the penalty of one thoufand pounds, includ-saadP°uuds-
ing therein his own taxable property, and fhall publifh within one month thereafter,
in the gazette, the names of defaulters, under the penalty of fifty pounds; and the Their fees,
receiver fhall receive for each name returned to him the fum of ninepence; and it
fhall be his duty to tranfmit to the treafurer, clerk of the inferior court and colleftor
of taxes, each a copy of fuch digeft. And that the laid feveral receivers to be ap-
pointed by this aft, fhall be paid by the colleftors in their refpeftive counties the
fums which fhall become due to them for their fervices, as allowed by this aft. Pro-^ovu*.
vided neverthelefs, That no receiver fhall be allowed or paid by the colleftor, before
fuch receiver fhall produce a certificate from under the hands of the clerk of the in-
ferior court of fuch county, that fuch receiver is entitled to fuch fum for his fervices,
agreeable to this aft, which certificate fuch clerks are hereby on application direfted
to give; and every colleftor fhall be allowed credits for fuch payment in his fettle-
ment with the treafurer. And the treafurer is hereby required to tranfmit an alpha-Treasurer to
betical digeft, from the feveral general returns in his office, of all the lands and other gticafdigcit1,4*
property returned as lying in each county, to the inferior courts of the refpeftive
counties, to be examined and compared with the return of fuch county, for which
duty the treafurer fhall be entitled to the fum of twenty fhillings for each digeft fo Hisfees-
tranfmitted; and it fhall be the duty of each tax receiver to examine the alphabetical Recoversdut»
digeft fo tranfmitted by the treafurer, and report upon oath all lands and other prop-
erty within his diftrift not returned as aforefaid, and the quality of fuch land to the
beft of his knowledge and information, to the colleftor of fuch county; and it fhall
be the duty of fuch colleftor to proceed to colleft the taxes due thereon, in the fame
manner as if fuch property had been returned under this aft.
5. And be it further enaHed, That the receivers and colleftors of tax for the ref- Receivers and
peftive counties to be appointed by virtue of this aft, fhall be refponfible to the ex- nabfetodiefx"-
ecutive department, and be amenable to fuch rules in the conducting the duties ofecu u
their refpeftive offices, as the executive may think neceffary and proper. The col- §veeb^nd and1
lectors of the refpeftive counties, before they enter on the duty of their office, fhall SK^nt-
give bond with fufficient fecurity, as follows : For the county of Chatham in the yl8°£tbyadl9f
fum of five thoufand pounds; for the county of Effingham in the fum of onethou-
fand pounds; for the county of Burke in the fum of two thoufand pounds; for
the county of Richmond in the fum of two thoufand pounds; for the county,of
Columbia in the fum of one thoufand five hundred pounds ; for the county of
Wilkes in the fum of four thoufand pounds; for the county of Franklin in the fum
of five hundred pounds; for the county of Greene in the fum of one thoufand
pounds; for the county of Elbert in the fum of one thoufand pounds; for the coun-
ty of Wafhington in the fum of one thoufand pounds; for the county of Liberty
in the fum of two thoufand five hundred pounds; for the county of Glynn in the
fum of five hundred pounds, and for the county of Camden in the fum of onethou-
fand pounds; as pointed out in and by the tax aft* of the year one thoufand feven
hundred and eighty-eight; and fhall alfo take and fubferibe the following oath, to
wit: " I, A. B. appointed colleftor of taxes for the county of , do folemn-And take this
ly fwear, that I will faithfully difcharge the duty required of me by law." And in oatl1'
cafe of the death, refufal or negleft of any colleftor to enter into fuch bond, or
take fuch oath, then his excellency the governor is hereby authorized and required to
* See fed. 10 of the faid aft.
TAX.
appoint fome other per fon willing to accept the fame, on the qualification aforcfaid,
■who lb all attend in each diftrict of the county to receive fuch tax, and {hall pre-
vioufly give public notice thereof, at leuft ten days, of the time and place of his at-
tending ; and if he {hall prefume to execute the laid oilice without the qualification
aforefaid, he {hail forfeit double the fum for each perfon's tax he fliall receive, to be
lecovered by any perfon who fhall inform and profecute for the fame.
Ho"v t ic I'Ofiih 6. And be it further enabled, That the governor for the time being fhall take bond
uLtn. fCCLirjty 0f t]ie colledors of each county refpedively appointed in conlormity
to this ad, for the due performance of all the duties required of them, and in the
ieveral counties (except the county of Richmond) fhall tranfmit a dedimus to the in-
ferior court judges, or any two of thenr, to receive and caufe to be executed a bond
by the colledor, with twTo or more fufficient fecurities, to be approved of by the faid
judges, which bond fhall be tranfmitted to the treafury forthwith by them. And the
governor fhall caufe to be executed before him a bond with like fecurity forthecoun-
ty of Richmond.
bemadcoTto 7' And be it further enabled by the authority aforefaid, That all pcrfons whatever,
oath. who are p'offe fifed of any lands granted to, or furveyed for them, or if any other
perfon or pcrfons, or of flaves or carriages, either in their own right or in the right
of any other perfon, or are liable to pay any other tax by virtue of this ad, {hall,
on or before the firft day of July next, render a particular account thereof in wri-
ting upon oath or affirmation, fctting forth in what county the faid lands and flaves
are,lo the beft of his, her or their knowledge, to the receiver of the diftrict wherein
fuch perfon refides, at fuch time and place as the faid receiver fhall dired and appoint
for the doing thereof, fo that the fame be done on or before the firft day of July afore-
rormtiicieuf. f^id, which oath or affirmation {hall be in the words following, to wit : " I, ,
do fwear (or affirm as the cafe may be) that the account which I now give in, is a juft
and true account of all the taxable property which I was poffefled of, held or claim-
edonthe firft day of February, or was intereftedin, or entitled to, either in my own
right, or in the light of any other perfon or pcrfons whatfoever ; as parent, guardian,
executor, agent or truftce, or in any other manner whatever, according to the beft of
my knowledge, information and belief, and that I will give a juft and true anfwer to
all lawful queftions that may be afked me, touching the fame, and this I declare with-
out any equivocation or mental refervation wffiatever. So help me God/' Which
faid oath or affirmation the faid receivers of tax returns are hereby refpedively duly
authorized and required to adminifter, and that gratis,
penalty for re- 8. And Le it further enabled, That if any pcifonor pei fons fhall be guilty of neg-
ktalYdiTre-lefling or reiufing to give in a return of his, her or their taxable property, or fliall
be comided of fraud, or of making a falfe return thereof, he, hie or they, fhall Le
liable to pay to the clerk of the inferior court of the county, a line of ten pounds
for every hundred pounds valuation fo ncglcfled or concealed, one moiety theieof
for the ufe of the county under the direction of the inferior court; and the other
moiety to the informer or informers.
Attornics, trm- 9. And le it, enabled, That all attornics and truftccs of or for any perfon or per-
EdihyVfux f°ns without the limits of this flate, {lull make true returns as a fore hi J, and in
SI' tlie diffi1 id where fuch attorney or truftce refides, and that fuch attornc) or truiiee,
attornics or truftces, fliall be ftihjcd and liable to pay the tax to become'due by vir-
tue of this ad, or which may be due by any former tax ad or ads, for fuch land or
lands, Have or flaves, out of his, her or their own proper eftatc, notw ithftandiny
fuch attorney or attoinies, truftce or truftees, may renounce or diffikim uding as
TAX.
455
fuch before the faid tas^s are levied, unlefs fach attorney or attornies, truftee or truf-XcStoa
tees, lhall make oath before the receiver aforefttii, that he or they hath or have re-0*"'1,
noanced fuch attorney (hip before the payment of faid taxes become due, without
having done it only with an intention to avoid the payment thereof: Provided always
That if inch attorney or attornies, trufteeor truftees, fhall, within one year next after
fuch oath made, again become attorney or attornies, truftee or truftees, or ad as
fuch, he or they fhall be liable to pay the faid tax as herein direded, any thing con-
tained to the contrary notwithllan Jing; and for levying whereof the fame remedy
fhall be and is hereby given, as for levying the tax to become due by virtue of this
ad, on the proper eltate or eftates of fuch attorney or attornies, truftee or truftecs,
or other perfon orperfons ading as fuch.
10. And be it afo enaHed by the authority aforefaid, That in cafe of any lands ortan^&c of
j - ^ «/ f xj * j a')sentcofi not
other taxable property fhall be found by the receivers to belong to any perfon or per-^,™cd»hOTr
fons reftiing without the limits of this ftate, and who have no attorney or attornies,
trufteeor truftees, legally conftituted in this ftate, or which have not £>een returned to
any receiver appointed in the county where fuch lands are, then and in fuch cafe, the
receivers fh ill be and they are hereby authorized and required to charge the faid lands
and other property, for the payment of the tax impofed thereon, and al.fo for all
taxes due thereon by any former tax ad, and forthwith once in each month to pub-
lifla and give notice of fuch charge oraffeffment in the gazette; and in cafe of non-
payment of fuch taxes within fix months, the faid land and. other property fhall be
thereafter liable to a double tax, and to be proceeded againft by attachment in a fum-
inary way by the collcdor in the manner of diftrefs and fale, and to make titles to
the perfon or perfons purchafing the fame, and to pay the money (lawful charges
only to be deducted) into.the treafury.
11. Anil be it enacted by the authority aforefaid, That all perfons whatever who areSKjpSonf
poffeffedof any lands or (laves in this ftate in his ortheir own right, or in the right of5£?S«SS
any other perfon, or any ways liable to pay taxes by virtue of this or any other ad,against*
fhall pay in their taxes to the colledors that may be appointed to receive the fame, in
the manner herein after directed, on or before the firft day of December, and the re-
fpedive colledors'receipts fhall be held and taken as fatisfadory; and if at the firft
day of March following any perfon or perfons fhall be in default, the colledorof the
county where fuch defaulter or defaulters lhall happen, fhall immediately proceed
againft fuch defaulter or defaulters by diftrefs and fale, after due notice given, and
ftatingthe amount of the affeffmcnt levied or tax due by fuch perfon or perfons, of
the goods and chattels, if any to be found, otherwife on the land of fuch defaulter m
or defaulters, or fo much thereof as will pay the amount of the taxes due, with cofts,
and in all fuch cafes to make titles to the purchafers of the property fold as aforefaid;notthelands'
and the faid colledors refpeCtively fhall, on or before the firft day of June, in the coiiedtorsto
year of our Lord one thou fa nd feven hundred and ninety-three, clofe their accounts
and deliver the fame to the treafurer for the time being, and after deducting five per
centum on all fuch taxes as they fhall receive, pay the remainder to the faid treafurer:
..Provided neverthelefs, That no tax collector fhall diftrain for any tax in arrear until SB^tdh-
a demand is made at the houfe of the perfon fo in arrear, nor fhall he be allowed an) SSauSiiie
greater fee for diftraining than two fhillings and fourpence, and a commifiion on theUe2£&Sr"f
amount of the fale of the property fold at five per centum.
12. And be it further enafled9 That when any of the faid receivers of returns orlsHMl, ltl
collectors of taxes, fhall or may difcover that any lands or (laves, or other taxable {Jep^LedeV0
property hath not been returned as in this act is pointed out, he or they fhall fum^asaillit*
49J
TAX.
Proviso
Tru .tecj fur
public uses.
Proviso.
Orphans.
insolvents.
Tax preferred
to all encutn-
brances.
Ajlministra*
tors, &c.
Persons about
to depart the
state.
Beeds, .Xrc.
made to evade
this aft, deem-
ed fraudulent.
Tfoviso-
Executions a-
gainst collee-
tors.
mon three freeholders, refidents of the diftrift where fuch lands may lie or dther
property be, to afcertain the value of fuch lands or other property, and double the
tax thereon, for which amount the colleftor is hereby empowered and required to
levy, fell and convey in the manner herein already mentioned. Provided always
neverthelefs, That all lands or other property veiled in commiflioners or truftees for
public ufes, ihall not come within the purview of this aft; And provided alfo, That
no fale which Hi all be made under this aft of the property of orphans (having no
guardian or truftee) fliall h^ve'any eifeft. And whereas it hats happened and may
frequently happen, that between the day of receiving the returns and the day ap-
pointed for the payment of the faid tax, many perfons have left the diftrift in which
they refide, and have been returned by the colleftors as infolvents, who had no
property upon which the colleftor could levy and diftrain :
13. Be it therefore enaBed hy the authority af orejaid, That the colleftor in every
county fliall be obliged to lay before the grand jury of each county, a lift of fuch
infolvents as may be in fuch county or counties, who fliall allow or difallow the
fame.
14. And he it alfo enaBed hy the authority aforefaid, That the taxes impofed by this
act ihall be preferred to all fecurities and encumbrances whatever; and that in cafe
any perfon or perfons coming under the notice of this act, fliall die between the
time of giving in his, her or their returns to the receiver or receivers refpectively,
and the paying of his, her or their tax, and any goods or chattels of the deceafed, to
the value of the fum taxed, fliall come into the hands of his, her or their executors
or adminiftrators, or executors in their own wrong, fuch executors or adminiftra-
tors fliall pay the fame by the time before limited, prior to all judgments, mortgages
pr debts whatfoever, or otherwife a warrant 6f execution fliall iflue againft the prop-
er goods and chattels of fuch executor or adminiftrator; and if any perfon or per-
fons, between the time of rendering the account of his, her or their eftate to the re-
ceiver 'aforefaid, and the time of his, her or their paying in the faid tax, fliall be
about to depart the county in which he, flie or they, may have immediately then pre-
ceding refided, the faid collector or collectors is and they are hereby directed and re-
quired forthwith to levy the fame, notwithftanding the day of payment may not then
be come, unlefs fuch perfon or perfons ihall and will find fecurities to be approved
of by the faid collector or collectors refpectively, for the payment thereof at the day
herein appointed.
15. And he it further enaBed, That all deeds of gift, conveyances, mortgages, fales
and aflignments of goods, lands, tenements and chattels of any kind, of any per-
fon or perfons whatfoever, made with an intention to avoid paying the aforefaid tax,
are hereby deemed and declared null and* void. And in cafe any perfon who has
mortgaged his eftate real or perfonal, fliall refufe or negleft to pay the tax of the
fame, the mortgagee ihall be liable to pay the fame: Provided, That no fale for
taxes under this aft fliall tend to affeft the right of the ftate to any property mortgaged
or fecured to this ftate.
16. And he it further ^enaBed by the authority aforefaid, That the treafurer for the
time being be, and he is hereby empowered and required to grant executions againft
all former colleftors of taxes who are or may be defaulters, immediately after the
pafling of this aft; and iie is hereby required and direfted to proceed and prepare
the form of a general return to be made by the refpeftive receivers of tax returns,
to be approved of by the governor, and tranfmitted by the treafurer without delay
to. the aforefaid officers.
TAX. 497
t J 7. And be it fur blur enabled. That where the collector of -he county finds no
property real or perfonal therein of perfons in arrears to fatisfy the tax due by vir-AAdh?'ll>T
tue of this or any former tax aft, fuch colleBor is hereby authorized and empower-
ed to (ell fo much of the property of the perfon neglecting to pay as afcrelaid, as
may be jituate in any other county or counties as wiil fatisfy the faid tax and arrears
of tax a fore faid : Provided, That thirty days' notice be prtvioufty given, of the proyi«.
time and place of fuch fale by fuch colleBor, in the public gazette. notice.days"
... 18. And be it a If0 enabled, That every perfon or perfons refilling or neglcfling to PenaUyfor^„t
.give in a fill of his, her or their, taxable property, agreeably to the directions of
-act, 111 all forfeit and pay for every fuch neglect the luny of twenty (hillings for every
/ree male perfon above the age of, twenty-one years; the fum of twenty (hillings for
every negro, and the fum of twenty (hillings for every hundred acres of land, to
be paid by the mafteror owner thereof, and to be recovered by bill, plaint or infor-
mation before any court of record; the one half thereof to go to the'informer, and
the other half to the ufe of the county where fuch information is made, except
where the profecution is carried on by preferment, and in that cafe the whole ihall
be applied to the ufe of the county. Provided always, That fuch information or pre- rrovis«--
(eminent be made within twelve months after fuch negleB or default.
19. And be it enabled, That it (hall be the duty of the judges of the fuperior Defaulter? to be
courts at their next term after the returns of the receivers of taxable property (hall I'TtrAdyW.
have been made agreeably to this aB, to give it in charge to the grand juries of the
feveral counties, that they do prefent all fuch perfons as rnav be defaulters under this
aB. Provided neverihelefs, That where any perfon or perfons who may be a default- pwim
er, (hall, before any information or prefentment be made .againft him or them, go
to the clerk of the fuperior court of his county, and give in a lilt of his property
upon oath in the fame manner as ought to have been given to the receiver, fuch per-
fon or perfons (hall be exonerated from the pains and penalties of this aB; and each
perfon (hall pay-to fuch clerk for taking fuch lift the fum of two (hillings and four-
pence, and every fuch clerk (hall return to the colleBor of his county, on or before
the firft day of'February one thoufand (even hundred and ninety-three, a true lift of
fuch property, and alfo tranfmit to the treafurer a return thereof 011 or before the
firft day of May following.
20. And be it further enabled by the authority aforefaid, That the tax impofed by Go]d;silver.
this aB, (hall be paid and colleBed in gold and filver coin, or warrants drawn on the vA inpAAA
treafurer for the year one thoufand feven hundred and .ninety-two, and nothing elfe.Gfthlsact
And no replevin (hall lie or other judicial interference be had in any levy or dift rain no replevin,
for taxes under this law, but that the party injured be left to his proper remedy in a
court of law. And whereas doubts have arifen whether the treafurer is juftifiablc in
iffuing his execution againft the fecurities of any colieBor for any balance due by
them, or hereafter may become due ; for explaining the fame,
21. Be it enabled, That the treafurer is fully authorized and he is hereby direBed. S.(ec"gaTnkt4
that in all cafes where any colleBor or coheBors jhall neglecl to pay according'to fault?40"hlde'
the direBions of this aB, the treafurer fhall iftue his execution againft fuch colleBor
or colleBors and their fecurities.
22. And be it further enabled, That from and after the paffing of this aB, crop or Tobacco fr0#
transfer tobacco notes from the infpeBion at Peterfburgh in the county of Elbert,
(hall be receivable ia the payment of taxes for the vear one thoufand feven hundred rnent of t Aoe'
• _ t? ' - for 1721.
4.93
TAX.
and ninety-one, at. the rate of ten. (hillings and fixpence per hundred, any former
Jaw to the contrary notwithftanding.
23. And whereas from the negle£l of the receivers appointed for the county of
Chatham in the diftricts of Great Ogecbee and Cherokee Hill to take in a lift of tax-
able property therefor, in |he year one thoufand feven hundred and eighty-nine, no
returns were made for the faid year, whereby no collection of tax from the inhabi-
tants of the aforefaid diftricts was made, and it is juft and right that every individ-
ual of the community fhould contribute to the fupport of government; for remedy
mrS^chat- whereof, Be it further enabled, That the receivers to be appointed under this act to
wuhYotoln ta^e m returns of the taxable property of the county of Chatham, be and they
ponm. are hereby directed to require of the inhabitants of the diftricts of Great Ogechec,
and Cherokee Hill on oath, a lift of the taxable property each of them were poffefT-
ed of, at the time when the property ought to have been given in to the receiver ap-
pointed under and by virtue of the tax act, for the year one thoufand feven hundred
and eighty-nine aforefaid, which lift fuch receiver fhall keep feparate from the tax
return to be made under this act, and fhall return the fame to the treafurer, together
with the general return to be made under this act, and the receiver fhall have and re-
ceive the fame allowance for his trouble as is by this act allowed receivers, and every
perfon or perfons neglecting or refufing to give in fuch lift, fhall be returned a de-
faulter, and fhall be fubject to all the pains and penalties as other perfon or perfoni
rcfufmg or neglecting to give in their taxable property under this act are, and fhall be
proviso. recovered in the manner herein pointed out. 1 Provided neverthelefs, That where it
arrear, to pay fhall appear to the receiver that any perfon or perfons hath or have given in theif
specie value of property for the aforefaid year, in fuch cafe fuch perfon or perfons fhall not be com-
p aper medium r r J . . . / 7 r r ...
for that year, pelled to-give in their return of taxable property, and that no perfon who is in arrear
for the ta*xe.s of the faid year, fhall be compelled to pay in fpecie more than the real
value of the paper medium at that time, which was four for one. And the collector
for the county of Chatham fhall receive and account with the treafurer for the afore-
faid arrearages in the fame manner as for the tax impofed by this act.
ceivers for rr.a- And be it enabled by the authority aforefaid, That any receiver making a falfe re-
turls.faIscre" turn, expreffive of more or other than is to him given in, fhall forfeit and pay to the par-
ty aggrieved a fum equal to double the amount of the tax on the property fo illegally re-
©n coiieaors turned, an(l any collector demanding any other or more tax than by this a£t is im-
SctbMpdue. pofed according to the refpeflive returns fhall forfeit and pay to the party aggrieved
for every fuch offence fourfold on the fum fo unlawfully received, to be recovered.
sve-ifFshaiiex- before any jurifdiftion having cognizance thereof, and it fhall be the duty of the
ecutea^cu. ffieriffs of the refpe&ive counties to execute all executions and other procefs ijjued by
jginst coiiee- the treafurer againft officers appointed by this aft, under and by virtue of the fame.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives*
N. BROWNSON, Prefiient of the Senate.
Concurred December 22, 1791.
EDWARD TELFAIR, ^Governor.
TAX.
499
Art aB to impofe a tax on the inhabitants of this Jlate for the fupport of the government
for the year one thoufand feven hundred and ninety-three.
i. T> E IT ENACTED, by the Senate and Honfe of Reprefentatives of the fate of Tax on land*
-D Georgia, in General AJfembly met, That a tax of eight fhillings and twopence fcycd.4or *,r
for every hundred pounds value of all lands within the ftate, granted to or furveyed
fox any perfon or perfons, {hall be paid and levied thereon.
2 And be it further enaBed, That the value or eftimation of fuch lands fjhall be Wr the rate*
rated agreeably to the eftimation or value of lands in and by the aft entitled " An aft fteuJSSF
to raife a tax for the fupport of government for the year one thoufand feven hundred
and ninety-two."
3. And be it further enaBed, That the fum of one {hilling and ninepence fhall bematewhSper-
levied on all free male white perfons reftdents within this ftate from the age of twen-,0fts'
ty-one years and upwards; and the fum of one {hilling and ninepence on all negroes onnegrow;
and other flaves under the age of fixty years within the limits of the fame; and the
fum of four {hillings and eightpence for every hundred pounds value of every lot,
wharf or other lands not herein otherwife included, and the fame fum for the like va-
lue of all buildings and improvements within the limits of any town, village or bo-
rough; and the fum of fix {hillings and fixpence upon aft four-wheeled carriages, on<*rriaK«.
including caravans, coaches and ftage-waggons (waggons carts and drays excepted;)
and the fum of one fhilling and ninepence on all free male negroes, mullattoes and0afrcene_
muftizoes, frqm the age of twenty-one years and upwards, over and above the taxa-sroes'&c
ble property they may be poflefled of within this ftate, and the fum of four ill filings 0n stock i»
and eightpence {hall be levied on every hundred pounds value of all perfons'ftock intradc'
trade, whether merchants, fhopkeepers or other perfons retailing the lame within this
ftate, to be given in on oath, and to be computed on prime coft ; the fum of twenty-0nIlwvers>*c-
eight {hillings on all profeffors of law or phyfic, faftors, brokers, and vendue maf-
ters; and the fum of four {hillings and eightpence on every hundred pounds value of
all foreign goods, wares, liquors, negroes and merchandize of what nature or kind
foever, fold, bargained or trafficked for by fuch faftors and brokers ; and four fliil-
lings and eightpence on every hundred pounds value on all goods, wares and liquors,
xiegroes or other merchandize fold at vendue; fuch faftors, brokers, and vendue maf-
ters to render the fame in on oath. Provided neverthelef, That in all cafes of ex- piwis®.
treme indigence or infirmity-, the inferior couit may remit the poll tax on fuch indi-
gent or infirm perfon if he {hall claim the fame.
4. And be it further enaBed, That the receivers of tax returns and colleftors ofRcceiveratob»
taxes fhall be appointed as they were appointed in and by the aft to* raife a tax for the SFreSby
year one thoufand feven hundred and ninety-two; and their duties fhall feverally be
the fame as is therein pointed out and required for receivers and colleftors under that
law; and the regulations, reft rift ions, claufes and provifoes, as well for the government b™tLT««ui.
and rule of fuch receivers and colleftors as for the government and rule of the inhab-
itants of this ftate liable to pay tax, either for giving in returns or payment of taxes,
or for the time and mode of fo doing ; except that the receivers of taxable returns
in each county fliall receive for each name returned to him the fum of fixpence, or
for receiving and digefting fuch returns, or for levying on and felling property, {hall
be the fame for carrying this law into execution as is therein contained for the regu-
lations and reftriftions under which this law is declared to operate. Provided, That^j,.
no falesof land {hall take place under this law, unlefs thirty days' notice of fuch fale witSSStSKSf
fball have been given by publilhing the fame in lome one-of the public
500
TAX.
zettes of this date, together with the bed defcription of fuch land the collector is able
to procure, and which charge for publifliing fuch notice, fuch colle&or may deduct
from the amount fales of the property fold, or lawfully demand from the perfon own-
proviso. ing and paying the tax for the fame. And provided, That no fale for taxes fhall be
»tatcsecured.e condrued to have effett where it has already taken place or may hereafter take place
of property'mortgaged or fecuredto the date, or where the date has otherwife a legal
or equitable title to the fame.
The a& laying 5. And be it further enafied, That for the better carrying the foregoing claufe into
execut-i°nJ aH and every part of the aforementioned aft for railing a tax for the fup-
ccptplrtsmiii; port of government for the year one thoufandfeven hundred and ninety-two not mili-
tatinff with this 1 o J J
aet. tating with this aft, (hall beheld, deemed and confidered as of full force and effeft.
6. And -whereas divers perfons non-refidents of this date import large quantities of
goods, and evade the payment of taxes by not being in this date at the time ufually pre-
SmnJwlS? bribed f°r making returns for taxes, for remedy whereof, Be it enafied, That any
proceededa-'c non-re(ident who (hall expofe to fell "any goods in this date, (hall on his arrival or
gainst. within feven days after entering the fame, make return on oath to the receivers of
taxable returns, and give fecurity'to the tax colleftor to pay the fame on or before
proviso. the time prefcribed for paying the taxes impofed by this aft. Provided, That fuch
goods (hall not be liable to pay the taxes where they may be exported or placed in the
hands of a vendue mader or faftor to be aftually difpofed of by him or them, it (hall
and may be lawful for the tax colleflors to proceed againd him or them in like man-
ner as perfons about to remove out of the county on failure thereof.
If«,wKors 7- Be it further enatfed, That fales for taxes, where the property (hall be purchafed
fraudulent. jn or fay ^ perfon or perfons previoufly entitled thereto, or by his, her
or their executors or adminidrators, or by any other perfon or perfons in trud for
him, her or them, (hall beheld and confidered as good evidence of a fraudulent in-
tention and fijle, where the fame (hall be conteded, by bona fde creditor, lineal repre-
fentative, or legatee, in any court of law and equity in this date 5 and fuch perfon or
. perfons, on conviflion of fuch fraudulent intention and fale, (hall forfeit the amount
of taxes he, (he or they, may have paid on the fame.
County tax. 8. And be itfurther enatfed, That all perfons who were heretofore, now are, or here-
after may be fubjefl to a county tax, (hall pay in the county where fuch perfon re-
fides, in proportion to the whole amount of his or her taxable property, whether fuch
lands be within that county or any other within this date,
finghfm hfsEf* 9' ^n^ ^ ^ further enafted, That the colle&or of taxes for the county of Effing-
ham (hall attend at the four following places within the county for the purpofeof re-
ceiving the tax for the year one thoufand feven hundred and ninety-two, and for the
year one thoufand feven hundred and ninety-three, at the houfes of Jofeph jackfon,
Jolhua Pierce, John Waldtour and John M'Call, and at no other place, any law ta
the contrary notwithdanding.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives*
BENJAMIN TALIAFERRO, Prefiient of the Senate„
Concurred, December 20, 1792.
EDWARD TELFAIR, Governor.
TAX.
An atl to impofe a tax on the inhabitants of this fia%.e, for the fupporl of the govern-
merit for the year one thoufand feven hundred and ninety four.
l. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate
-13 Georgia in General Affembly met, That a tax of eight [hillings-and two- yeVea,taxed,
pence for every hundred pounds value of all lands within this Hate, granted to or
furveyed for any perfon or perfons, {hall be paid and levied thereon.
2.* And be it further enaEtef That the value or eftimation of fuch lands fhall be je
rated agreeably to the eftimation or value of lands in and by the -aft, entitled 44 An aSoSilja
aft to raife a tax for the fupport of government for the year one thoufand feventaxfor
hundred and ninety-two."
3. And be it further enacted, That the fum of one (hilling and* ninepence fhall be Taxongcnoni,
levied on all free male*white perfons reftdents within this (late from the age of twenty- ' c'*
one years and upwards; and the fum of one (hilling and ninepence on all negroes
and other (laves under the age of (ixty years, within the limits of the fame; and
the fum of four (hillings and eightpence for every hundred pounds value of ev-
ery lot, wharf or other lands not herein otherwife included; and the fame fum
for the like value of all buildings and improvements within the limits of, any town,
village or borough; and the fum of fix (hillings and £xpence on.all four-wheeled
carriages, including caravans, coaches and ftage-waggons (waggons excepted); and
the fum of one (hilling and ninepence on all free male negroes, mulattoes and muf-
tizoes, from the age of twenty-one years and upwards, over and above the taxable
property they may be poffeffed of within this (late; and the fum of four (hillings and
eightpence (hall be levied on every hundred pounds value of all perfons' (lock in
trade, whether merchants, (hopkeepers, or other perfons retailing the fame within
this (late, to be given in on oath, and to be computed on prime cod; the fum of
twenty-eight (hillings on all profeftors of law or phyfic, fadors, brokers, vendue
matters and dancing matters; and the fum of four (hillings and eightpence on every
hundred pounds value of all foreign goods, wares, liquors, negroes and merchandize, of
what nature or kind foever, fold, bargained or trafficked for by fuch fadors and brokers;
and four (hillings and eightpence on every hundred pounds value on all goods, wares
and liquors, negroes or other merchandize, fold at vendue; Provided neverthelefs^provis&.
That in all cafes of extreme indigence or infirmity, the inferior court may remit the
poll tax on fuch indigent or infirm perfon, if he (hall claim the fame.
4. And be it further enabled, That the receivers of tax returns and collcdors ofRece;versand
taxes, (hall be appointed as they were appointed in and by the ad to raife a tax for JoteLsd'
the year one thoufand feven hundred and ninety-two; and their duties (hall fevefally Ja
be the fame as is therein pointed out and required for receivers and colled ors under s^Sion?,'*
that law; and the regulations, reftridions, claufes and provifoes, as well for the go-
vernment and rule of fuch receivers and colledors, as for the government and rule
-of the inhabitants of this (late liable to pay tax, either for giving in returns, or pay-
ment of taxes, or for the time and mode of fo doing; except that the receivers of Receivers^®,
taxable returns in each county (hall receive for each name returned to him the fum of
(ixpence; or for receiving and digetting fuch returns, or for levying on and felling
property, (hall be the fame for carrying this law into execution as is therein contained
for the regulations and reftridions under which that law is declared to operate: Pro- Proviso.
vided9 The colledor of taxes may and (hall pay to the receiver of tax returns3 month-
* See from page 490 to 498.
$02*
TAX.
ly if. required, the amount of fuch fums as the receiver may be entitled unto, for all
perfons who have paid their taxes at the time fuch demand is made; an,d the receivers
of taxable returns fhall not be entitled to demand or receive any allowance or pay for
making returns of any perfon until the tax of any fuch perfon or perfons is or are
Thtrty'day*' Pa^: And provided,^ That no fale of lands fhall take place under this law, unlefs
tob«p-thirty days' notice of fuch fale (hall have been given, by publifhing the fame in fomc
(Ale ofiand». one of the public gazettes of this (late, together with the bed 'defcription of fuch
lands the colle&or is able to procure, and Which charge for publifhing fuch notice
fuch collector may deduCt from the amount of fales of the property fold or lawfully
demanded from the perfons owing and paying the tax for the fame* A?id provided,
Property«ort-That no fale for taxes (hall be conftrued to have effefcl where it has already taken
?ute?tothe place, or may hereafter take place of property mortgaged or fecured to the (late, or
where the (late has otherwife a legal or equitable title to the fame.
aiithe aaof 5* be it further enabled, That for the. better carrying the foregoing claufe into
twy'teuSSSaexecution, all and every part of the aforementioned a£t for raifing a tax for the fup-
iBSS40beip°rt of government for the year one thoufand feven hundred and ninety-two, not
militating with this a£t, Ihall be held, deemed and confidered as of full force and
effeCt.
6. And whereas, divers perfons, non-refidents of this (late, import large quafiti-
ties of goods, and evade the payment of taxes by not being in this (late at the time
ufually prefcribed for making returns for taxes: for remedy whereof, Be it enabted,
&cnveSnHts' That any non-re(ident who (hall expofe to (ale any goods in this (late, (hall, on his
arrival, or within feven days after entering the fame, make return on oath to the .re-
ceiver of taxable returns, and give fecurity to the tax colle&or.to pay the fame on or
before the time prefcribed for paying the taxes impofed by this a6t: Provided, That
fuch goods (hall not bp liable to pay the taxes where they may be exported, or placed
in the hands of a vendue mailer or faCior, to be actually difpofed of by him or them,
and on failing to comply as aforefaid, it (hall and may be lawful for the tax collec-
tors to proceed againft him or them in like manner as againft perfons about to remove
out of the county.
Evidenceof 7. And be further enabled, That fales for taxes where the property (hall be pur-
fraudulent chafed-in, for, or be held by the perfon or perfons previoufly entitled thereto, or by
his, her or their executors or adminiftrators, or by any other perfon or perfons in
truft for him, her or them, (hall be held and confidered as good evidence of a frau-
dulent intention and fale, where the fame ihall be contefted by a bona fide creditor,
lineal reprefentative or legatee, in any court of law and equity in this (late; and fuch
perfon or perfons, on conviction of fuch fraudulent intention and fale, (hall forfeit
the amount of taxes he, (he or they, may have "paid on the fame,
county tax ^il^ ^c ^ fisher enabled, That dll perfons who were heretofore, or hereafter
may be ful&jeCt to a county tax, fhall pay in the county where fuch perfon or perfonS
refide, in proportion to the whole amount of his or her taxable property, whether
fuch lands be within that county or any other within this (late.
coiieaoMun- 9* And be it further enabled, That his excellency the governor is hereby veiled
SiVSthego- with full and ample powers to call on the colle&ors of*the taxes in the feveral coun-
■vgrnor. tje§^ »n an^ manner he may tlviiik bell (to pay into the treafury the monies they
may have feverally colleCted) at any time after the firft day of. March; and any col-
leCtor failing to make fuch payment when required as aforefaid, (hall be fubjett and
liable to have execution.iffued againil him for the full amount of his colle&ion.
TAX.
50 3
10. And be it further enabled, That the colle&or of the tax for the county of county ta* of
Wilkes, fhall and he is hereby authorized to collect from the fevcral perfons liable to waK1'10
• * » Wilkeg
pay tax in faid county, one eighth of the amount of tjbeir general tax for the year one
thoufand feven hundred and ninety-three; which faid tax fhall be fubjed to the order
of the inferior court for the purpofe of fatisfying the feveral claims againftthe county
for building bridges or otherwife, and for the fupport of the poor of faid county.
11. And be it further enabled, That each colledor of the public tax fhall take the
following oath: 44 That he hath not extorted from any perfon or perfons any dif- leaw.
count on any governor, prefident or fpeaker's warrant which he offered in fettle-
.ment of the tax of the county for which he is appointed colledor; and that he has
not refufed to receive or exchange the fame;" which oath the treafurer is hereby di-
reded to adminifter to the feveral colledors at the time of fettlement.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentalives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, December 19, 1793.
GEORGE MATHEWS, Governor.
An act ta raife a tax for the fupport of government for the year one thoufand feven hun~
dred and ninety-five.
1. 13 E IT ENACTED by the Senate and Houfe of Reprefentalives of the fate of
JL3 Georgia, in General Afjembly met, That a tax of fix fhillings for every hun- ^s°pfjed
dred pounds value of all lands within this ftate, granted to or furveyed for any per- *
fon or perfons, fhall be paid and levied thereon ; and the value or eftimation of fuch ^oetdh|caarto
lands fhall be rated agreeable to the eftimation or value of lands in and by the ad en-
titled 44 An ad to raife a tax for the fupport of government for the year one thoufand
feven hundred and ninety-two."
2. And be it further enabled, That the fum of one fhilling and twopence fhall be
levietfon all negroes and other flaves under the age of fifty years, within the limits of Eroes'
this ftate; and the fum of three fhillings for every hundred pounds value of every
lot, wharf or other lands not herein otherwife included, and the fame fum on the
like value of all buildings within the limits of any city, town, village or borough;
and the fum of four fhillings and eightpence on all four-wheeled carriages, including
caravans, coaches and ftage-waggons (waggons excepted); and the fum of one flail-
ling and twopence on all free male negroes, mulattoes and muftizoes, from the age
of twenty-one years and upwards, over and above the taxable property they may be
poffeffed of within this ftate; and the fum of three fhillings fhall be levied on every
hundred pounds value- on all perfons' ftock in trade, whether merchants, fhopkeep-
ers or others retailing the fame within this ftate, to be given in on oath to be computed
at prime coft; and the fum of eighteen fhillings and eightpence on all praditioners oupraditsonwa
of law or phyfic; and the fum of eighteen fhillings and eightpence on all fadors, oflaw'&''
brokers and vendue mafters; and the fum of three fhillings on all foreign goods,
wares, liquors, negroes and merchandize of what nature or kind foever, fold, bar-
gained or trafficked for by fuch fadors or brokers; and the fum of three fhillings on
all negroes and other merchandize fold at vendue.
TAX.
Bertfver-ani 3* ^ ^father enabled % That the receivers of tax returns and collcftorj of
aJp°i)r4Lasl>r taxes {hall be appointed as they were appointed by and under " An aft to raife a tax
fixi'Vof-Vit f°r onc thoufand feven hundred and ninety-two ;" and their duties fhall ftv-
vwfh.ttt1m erally be the fame as b therein pointed out for receivers and colle6tors under that law,
fuifj»tx,&.c an(^ t^e regUjjjfions, rehriftions, cla.ufes and provifo.es, as well for the government and
rule of fuch receivers and colleftors, as for the government and rule of the inhabi-
tants of this date liable to pay tax, either for giving in returns or payment of taxes,
or for the time and mode of fo doing, (except that the receivers of taxable returns in
Receivers' com- each county {hall receive the fum of two and one half per cent, on the amount of
peu^uun. taxes accruing on the property by them returned) or for levying on or felling proper-
ty, fhall be the fame for carrying this law into execution as is therein contained for
the regulations and reductions under which that law is declared to operate. Provided,
ProUso. That the collector may and fhall pay to the receivers (if tax returns, monthly, if re-
quired, the amouut of fuch fums as the receiver may be entitled unto for all perfons
who have paid their taxes at the time fuch demand is made; and the receivers of tax-
able returns fhall not be entitled to demand or receive any allowance or pay formak-
ing returns of any perfon, until tfie tax of any fuch perfon or perfons is or are paid.
KaiMofhnd And provided no fale of land fhall take place under this law, unlefs thirty days'notice
e°tif/thirty of fuch fale fliall have been given, by publishing the fame in fome one of the public
hceVegivsn?" gazettes of this flate, together with the bed defcription of fuch land the collector is
able to procure, and which charge for publifhing fuch notice fuch collector may de-
duct from the amount of fales of the property fold, or lawfully demand from the
property rrmrt-perfon owning and paying tax for the fame. And provided alfo, That no fale for taxes
6uStothe fhall be condrued to have effect where the property is mortgaged or fecured to the
date, or where the date has otherwife a legal or equitable title to the fame.
Evidenceof 4• And be it further enabled, That the fales for taxes, where the property fhall be
frauduk.it pUrchaled in for, or in behalf of, the perfon or perfons previoufly entitled thereto,
or by his, her or their executors or adminiftrators, or by any other perfon or per-
fons, for him, her or them, fhall be held and confidered as good evidence of a frau-
dulent intention and fale when the fame ihall be conteded by a bona fde creditor,
lineal representative or legatee, in any court of law or equity in this date; and fuch
perfon orpeifons on conviftion of fuch fraudulent intention and fale, fhall forfeit
the amount of taxes he, fhe or they have paid on the fame.
5. And whereas divers perfons, non-refidents of this date, import large quantities of
goods, wares and merchandize, and evade the payment of taxes by not being in the
date, at the time ufually prefcribed for making returns for taxes; for remedy where-
Non-residents of, Be it enabled, That any non-refident who fhall expofe to fale any goods in this
&c. how*to be' date, fhall, on his arrival or within feven days after entering the fame, make return
proceed a. to tke receiver 0f taxable returns, and give fecurity to the tax codeftor to
pay the fame on or before the time prefcribed for paying taxes impofed by this aft ;
Provided, That fuch goods fhall not be liable to pay the tax, when they may be ex-
ported or placed .in the hands of a vendue mader or faftor, to be aftualiy difpofed
of by him or them; and on failing to comply as aforefaid, it fhall and may be law-
ful for the tax collector to proceed againft him or them, in like manner as againft
perfons about to remove out of the county.
6. And be it further enabled, That his excellency the governor is hereby veded with
full powder to call on all colleftors of the taxes in the feveral counties, in any manner
he may think bed (to pay into the trcafury the monies they may have jfeverally codec-
ted) at any time after the firft day of March, any colleftor failing to make fuch pay*
TAX'.
ment when thereunto required as aforefaid, fhalhbe fubjcB and liable to have execu-
tion ilfued againft for the full amount of his colleBion.
7 . And be it further enabled, That each colle61or of the public tax {hall take the coiieaars
following oath : 41 That he hath not-extorted or received from any perfon, any dif-oath'
count on any governor, prefident, or fpeaker's warrant which he offered in fettle-
ment of taxes, of the county, for which he is appointed collector, and that he has not
ryfufed to receive or exchange the fame." Which oath the treafurer is hereby direB-
ed and empowered to adminifter to,the feveral collectors at the time of fettlement,
and every perfon making a return of his, "her or their property, fhall exprefs in the
body of fuch return to whom the lands therein were originally granted or conveyed
by "the ftate.
8. Whereas in and by an aB entitled 44 An aB to grant monies for thepurpofe tke5"AIT
building and repairing court-houfes and jails," paffed at Augufta on the 15th De-
cember 1791, it is enaBed 44 That the juftices of the inferior court of each county tain ceuntict.
• in the ftate may levy a tax in fpecie upon the feveral perfons liable to pay tax in the
refpeBive counties, not exceeding one fifth part of fuch perfons'general tax. Beit
therefore enacted, That fo much of the aB as is before recited fhall be and the fame
is hereby declared to be repealed, fo far as refpeBs the counties of Liberty, Effing-
ham, Greene and Montgomery, after completing the colleBion of the tax of the year
one thoufand feven hpndred ninety-four : And be it further enabled, That the jufti- Countytaxoj
ces of the inferior courts of the counties of Liberty, Effingham, Greene and Mont-oneh^fthe|*
gomery, hje and they are hereby authorised and empowered to levy a tax, on all taxa- j^tnic£id
ble property within their refpeBive counties which fir all not exceed one half the
amount of the general tax for the purpofe of enabling the commiffioners to build
and keep in repair jails and court-houfes in their feveral counties.
9. And whereas the ftate has been defrauded of a confiderable part of her revenue the
arifing from property not being returned in the county where the property may be,
for remedy whereof: Be it enabled, That all perfons poffeffing property liable to pay
tax in any of the counties within this ftate, fhall by themfelves, or their attornies, re-
turn fuch property where the fame may be, within the time prefcribed by this aB.
10. And be it further enabled, That for the better carrying the foregoing claufes in- cicX°uo7beir
to execution, all and every part of the aforelaid aB for raifing a tax for the fupport offorce,&c*
government for the year one thoufand feven hundred and ninety-two, not militating
with this aB, be deemed and confidered of full force and erfeB.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred December 29, 1794.
GEORGE MATHEWS, Governor.
An aB to raife a tax for the fupport of government for the year one thoufand feven htm-
dred and ninety fix.
1. "DE IT ENACTED by the Senate and Houfe of Reprefentatives of thefateofraKmM
il Georgia in General Afjembly met, and it is hereby enabled by authority there-
&f That a tax of forty cents for every hundred dollars value on all lands within this
3 S
go6
TAX.
ftate, granted, to or furveyed for any perfon, as fuch lands fhall be eftimated at, {hall
be levied on the fame in the following mode, to wit,
All tide fwamps (cultivated or uncultivated) including iflands, of the firft quality,
at ten dollars and thirty-nine cents per acre; of the fecond quality -at fix dollars, for-
ty three cents per acre; and of the third quality, at one dollar fevcnty-feven cents per
acre.
All pine lands adjoining fuch tide fwamp lands, or contiguous thereto, and within,
three miles of water carriage, at one dollar fixty-one cents per acre.
All prime inland fwamps, cultivated or uncultivated, of the firft quality, at an aver-
age of feven dollars feventeen cents per acre; of the fecond quality, at three dollars
nincty-feven cents per acre; of the third quality, at one dollar fixty-two cents per
acre.
All pine barren lands adjoining or contiguous thereto, at forty-three cents per
acre.
All fait marfh, .at forty-three cents per acre.
All high river fwamp and low grounds, cultivated or uncultivated, (including ifl-
ands) including fuch as are commonly called fecond low grounds, lying above
Abercorn Creek and as high as the mouth of M'Bean's Creek on Savannah River,
of the firft quality, at fiye dollars thirty-fix cents per acre; of the fecond quality,
at three dollars twenty-two cents per acre; and of the third qualify, at one dollar
fixty-one cents per acre. '
All high river fwamp as aforefaid, lying above M'Bean's C *nd as high
as the mouth of Rae's Creek, of the firft quality, at eight dollars ahd three cents per
acre ; of the fecond quality at five dollars thirty-fix cents per acre ; and of the third
quality, at two dollars thirty-five cents per acre.
All high river fwamp as aforefaid, lying from the mouth of Rae's Creek, to the
mouth of Broad River, lying on Savannah River, 6f the firft quality, at four dollars
eighteen cents per acre; of the fecond quality, at two dollars thirty-five cents per
acre; of the third quality, at feventy-five cents per acre.
All oak and hickory lands cultivated or uncultivated, (including iflands) from
the mouth of Rae's Creek to the mouth of Broad River, and within one mile of
Savannah River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality at forty-three
cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of. Broad River up the Savannah River, and xvithin one mile of .the fame,
and up Tugalo River to the marked line on faid ftream, of the firft quality, at one
dollar and eighteen cents per acre ; of the fecond quality, at fixty-eight cents per acre;
and of the third quality at thirty-one cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quality, at
one dollar eighteen cents per acre; of the fecond quality, at fixty-eight'cents per
acre ; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from Fort Argyle to the mouth of Buck-head Creek, on Ogechee River; of the
firft quality, at two dollars three cents per acre; of the fecond quality, at one dollar
eighteen cents per acre; and of the third quality, at forty-three cents per acre.
All oak and hickory lands as aforefaid, from the mouth of Buck-head Creek to the
head of Ogechee River, of the firft quality, 'at one dollar fixty-one cents per acre;,
of the fecond quality, at feventy-five cents per acre; and of the third quality, at
forty-three cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head of Ogechee River ; of the firft
quality, at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five
cents per acre ; of the third quality, forty-three cents per acre.
All high river fwamp, cultivated or uncultivated, (including iflands) from Cat-
head on the River Alatamaha, to the mouth of Oconee River, of the firft quality,
at two dollars thirty-five cents per acre; of the fecond quality, at one dollar eighteen
cents per acre ; of the third quality, at forty-three cents per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Oconee Ri-
ver along the northern ftream, on the north fide of the Indian temporary line, to the
confluence of the Oconee and Appalachee, or fouth fork, of the firft quality, at three
dollars twenty-two cents per acre; of the fecond quality, at one dollar fixty-one cents
per acre; of the third quality at forty-three cents per acre.
All high river fwamp as aforefaid, from the confluence of Oconee River and Appa-
lachee River upwards, on the north fide of the Indian temporary line, of the firft
quality, at two dollars fifteen cents per acre; of- the fecond quality, at one dollar
thirty cents per acre; and of the third quality, at feventy-five cents per acre.
All oak and hickory lands throughout the ftate, of the firft quality, at one dollar
eighteen cer** per acre; of the fecond quality, at fixty-eight cents per acre; and of
the third q „ iy, at thirty-four cents per acre.
All oak and hickory lands (including iflands] cultivated or uncultivated, above the
flowing of the tide on all rivers, from Cathead on the river Alatamaha, to the river
St. Mary's inclufive, to the marked line aforefaid, of the firft quality, at feventy-five
cents per acre, of the fecond quality, at forty-three cents per acre; of the third
quality, at twenty-one cents per acre.
All lands on the fea iflands or lying on or contiguous to the feafhore, and ufually
cultivated, or capable of cultivation, in corn, indigo, or cotton, of the firft quality, at
four*dollars eighty-one cents per acre; of the fecond quality, at two dollars thirty-five
cents per acre ; and of the third quality, at one dollar eighteen cents per acre*
All other pine lands throughout the ftate at twenty-one cents per acre.
2. And be it enabled by the authority aforefaid, Thatthefumof thirty-feven and aPontJlJt<
half cents (hall be levied on all free male white perfons of the age of twenty-one years
and upwards in this ftate, and the fum of thirty-feven and an half cents on all negroes TaxonnegrM,
and other (laves whatever under the age of fixty years within the limits of the fame;
and the fum or forty cents for every hundred dollars value of every lot, wharf, or^,^ ^
other lands not herein already enumerated, and on all buildings within the limits of
any town, village or borough within the fame, the fum of fifty cents upon all male 0nfl"een«E*»-
free negroes, mulattoes, and muftizoes, from the age of twenty-one years and up-
wards, over and above the taxable property they may be poflefled ofj that the fum'p^gck &>
of twenty cents fhail be levied for every hundred dollars value of all perfons flock in
trade, fhopkeepers and others, and to be computed at prime coft, and the return to
be made on oath that the ftock in trade fo returned is the higheft eftimation of the
ftock in fuch perfons pofleffion, at any time not exceeding three months preceding
the time appointed by this law for fuch ftock in trade to be eftimated and returned; .
the fum of four dollars on all profeflors of law or phylic, and the fum of fifty dol-^- w***phy"
lars on all billiard tables, and the fum of four dollars on all fa&ors and brokers;
and on all foreign wares, liquors, and merchandize, fold, bargained, W trafficked for,
l
TAX.
by all fuch fa&ors and brokers, the fum of eighteen and three quarter cents on every
hundred dollars, by them fo fold or difpofed of, to be given in upon oath, and the rum
Qf fifty cents upon every hundred dollars of the funded flock of the United States to
protLo; be given in by the holders thereof in like .manner as fuch flock in trade. Provided
neverthelefs, That in all cafes of extreme indigence or infirmity the inferior court of
each county fhall be and they are hereby authorized to remit the poll tax upon fuch
indigent or infirm perfons claiming the fame.
©nereceiverto 3. And be it enaEied by the authority aforefaid, That there fhall be bne teceiver for
for each coun- each county throughout this flate, and that the mode of taking the returns fhall beas
M.'de of uking follows, the receiver of tax returns in each county fhall give notice to each captain's
diftrifit within the county by advertifing in the moft public place of each diflrifl the
day and place he will attend to receive the returns of taxable property therefor, and
which notice fhall be given at leafl ten days previous thereto, fuch receiver fhall like-
wife attend previous to making his return of defaulters three different days in each
diftrffil for that purpofe, which days fhall not be within feven days of each other,
and the commanding officer in each company fhall give to tjie receiver fo attending a
List ofdefaul- lift of all the inhabitants-liable to pay1 taxes within his diftrift, on oath or affirmation
teri" to the beft of his knowledge and information, and it fhall be the duty of the receiver
of returns at all times upon perfonal application, to receive the returns not given at
the time and place, fpecially notified, at any time before he makes a digefl of the
whole returns; and he fhall previous to entering on the execution of his duty, take
£ecelver»,oati} an^ fubferibe an oath or affirmation in the words following, to wit: 66 I, A. B. do
folemnly fwear (or affirm) that I will truly and faithfully perform the duties of re-
ceiver of returns of taxable property in the county to which I am appointed as re-
quired of me by this a£l, and will not receive any return but on oath or affirma-
tion."
Returns to Son- 4. And be it alfo enaEted, That all and every perfon liable to pay tax, fhall give
j^&£3ftiia the lift of his, her or their taxable property, as well as a lift of every fuch perfon or
perfons as he, ffie or they may be attorney or attornies, executor or executors, ad-
miniftrator or adminiftrators for, in the county or counties wherein fuch attorney,
executor or adminiftrator refides, defcribing as near as poffible from the plats, deeds
or other documents, the particular fituation of fuch land, in what county, what
particular water courfes on, and what lands it adjoins; and the receiver of fuch re-
turns fhall make a general digefl, and return the whole of the taxable property re-
ceived as aforefaid, and alfo of the taxable property of non-refidents and defaulters
within his jcounty, and fhall tranfmit three copies, one to the collector of the county,
one to the inferior court, and one to the treasurer, under the penalty of four thou-
fand dollars, including therein his own taxable property, and fhall publifh within,
one month thereafter in the gazette the names of the defaulters, under the penalty
of two hundred dollars; and the receiver fhall receive two and one- half per cent,
on the taxes arjfing from all property returned, and fix and one fourth cents on
€a°b return of a poll without property, and it fhall be his duty to tranfmit to the
treafurer and clerk of the inferior court, and colle£lor of taxes, each a copy of fuch
digeft. And that the faid feveral receivers to be appointed by this a£l fhall be paid
by the colle&ors in their refpe£live counties, the fums which ihall become due them
rtortso. for their fervices as allowed by this a£l: Provided, That no receiver {hall be allowed or
paid by the colleftors before fuch receiver fhall produce a certificate from under the
hands of the clerk of the inferior court of fuch county, that fuch receiver is entitled
to fuch fum for his fervices agreeably to this a£l, which certificate fuch clerks are
TAX*.
hereby on application directed to give, and every collector fhall be allowed credits
for fuch payments in his fettlement with the treafurer, and who is hereby required to dii;c't'
tranfmit an alphabetical digeft (from the fever a 1 general returns in his office) of all
the lands and other property returned as lying in each county, to the inferior courts
of the refpeclive counties, to be examined and compared with the returns of fucli
county, for which duty the treafurer fhall be entitled to the fum of five dollars
Tor each digeft fo tranfmitted, for which fums his excellency the governor is au-
thorized to draw a warrant on the treafury, on the treafurer's producing and depo-
fiting in the executive office a receipt for fuch digefl from the clerk of the inferior
court of the county, and in cafe the treafurer fhall fail or neglefl to tranfmit ffich^pmrrTt ^
alphabetical digeft on or before the lafl day of each year, he fhall forfeit and pay the
fum of fifty dollars for each digeft not tranfmitted, to be recovered by tbejuftices ofdulUri-
the inferior court, in any court having cognizance thereof, and applied to the ufe of
fuch county. And it fhall be the duty of each tax receiver to examine the alphabet-
ical digeft fo tranfmitted by the treafurer, and report upon oath all lands and other
property within his diftrifit not returned aforefaid, and the quality of fuch land, to
the beft of his knowledge and information, to the colle&or for fuch county; and it
fhall be the duty of fuch collefitor to proceed to collefl the taxes due thereon in the
fame manner as if ffich property had been returned under this a£l.
5, And be it further enaffied, That the receivers and collectors of tax for the re- coiieOon re-
fpetlive counties, to be appointed by virtue of this afil, fhall be refponfible to theexecuu've!0^
executive department, and be amenable to fuch rules in concluding the duties of their
refpefilive offices as the executive may think neceffary and proper. The collefiors shal]gtveMni
of the refpeClive counties, before they enter on the duties of their office, fliall giveandiecurity*
bond with fufficient fecurity, as follows: for the county of Chatham, in the fum of
twenty thoufand dollars; for the county of Camden, in the fum of four thoufand
dollars; for the county of Glynn, in the fum of two thoufand dollars; for the coun-
ty of M'Intofh, in the fum of five thoufand dollars; for the county of Liberty, in
the fum-of five thoufand dollars; for the county of Bryan, in the fum of three thou-
fand dollars; for the county of Effingham, in the fum of two thoufand dollars; for
the county of Scriven, in the fum of two thoufand dollars; for the county of Burke,
in the fum of five thoufand dollars; for the county of Montgomery,' in the fum of
two thoufand dollars; for the county of Wafhington, in the fum of four thoufand
dollars; for the county of Warren, in the fum of four thoufand dollars; for the
county of Hancock^ in the fum of four thoufand dollars; for the county of Greene,
in the fum of five thoufand dollars; for the county of Richmond, in the fum of eight
thoufand dollars; for the county of Columbia, in the fum of fix thoufand dollars; "
for the county of Wilkes, in the fum of ten thoufand dollars i for the county of
Oglethorpe, in the fum of eight thoufand dollars; for the county of Elbert, in the
fum of five thoufand dollars; for the county of Franklin, in the fum of four thou-
fand dollars; for the-county of Jackfon, in the fum of three thoufand dollars; for
the county of Bullock, in the fum of two thoufand dollars; for the county of Lin-
coin, in the fum of three thoufand dollars; for the county of Jefferfon, in the fum
of three thoufand dollars: and fhall alfo take and fubferibe the following oath or af-
firmation, to wit: " I, A. B. appointed collefifor of tax for the county of
do folemnly fwear, that I will faithfully difcharge the duty required of me by law."
And in cafe of the death, refufal or neglefci of any colle£lor to enter into fuch bond, vacaacfe*
or take fuch oath, then his excellency the governor is hereby authorized a$d required
to appoint fome other perfon willing to accept the fame, on the purification afore-
TAX.
faid, who fhall attend in each diftrid of the county to receive fuch tax, and fhall pre-
vioufly give at leaft ten days' notice thereof; and if he fhall prefume to execute the
faid office without the qualification aforefaid, he fhall forfeit double the fum for each
perfon's tax he fhall receive, to be recovered by any perfon who fhall inform and pro-
fecute for the fame, in any court or tribunal having cognizance of debts to that
amount.
SShowu 6. And he it further enafted, That the governor for the time being fhall take bond
betaicca. an(j fecurity of the colledors of each county refpedively, in conformity to this ad,
for the due performance of all the duties required of them, and fhall tranfmit a dedi-
musto the juflices of the inferior court of the feveral counties, or any two of them,
to receive and caufe to be executed fuch bond with two or more fecurities, to be ap-
proved of by fuch juflices, which bond fhall be forthwith tranfmitted by them to the
treafury office.
le turns to be 7. And be it further enaHed by the authority aforefaid, That all perfons whatfoever
made on oath. are poffeffed of any lands granted to or furveyed for them, or of any other per-
fon or perfons, or of flaves or carriages, either in their own right or of any other per-
fon or perfons whatfoever, or are liable to pay any other tax by virtue of this ad,
fhall, on or before the firft day of May next, render a particular account thereof,
on oath, in writing, fetting forth in what county fuch lands and flaves are, to the
beft of his, her or their knowledge, to the receiver of the county wherein fuch per-
fon refides, at fuch time and place as the receiver of fuch county fhall appoint for
the doing thereof, fo that the fame be done on or before the firft day of May afore-
pcrmthercof feid, which oath or affirmation fhall be in the words following, viz. 46 I, , do
fwearor affirm (as the cafe may be) that the account which I now give in is ajuft
and true account of all the taxable property which I was poffeffed of, held or claim-
ed on the firft day of January laft, or was interefted in or entitled unto, either in my
own right or the right of any other perfon or perfons whatfoever, as parent, guar-
dian, executor, adminiftrator, agent or truftee, or in any other manner whatever,
according to the beft of my knowledge, information and belief; and that I will give
a juft and true anfwer to all lawful queftions that may be afked me touching the
fame, and all this I declare without any equivocation or mental refqrvation whatever.
So help me God." Which faid oath or affirmation the recei\ ers of tax returns for
the feveral counties are hereby refpedively authorized to adminifter gratis,
penalty forre- 8. And he it further enaHed, That if any perfon or perfons fh all negled or refufe
iigfaise'oleV t0 in a return ^ls? her or taxable property, or fhall be convided of
fraud, or of making a falfe return thereof, he, fhe or they fhall be liable to pay to
the clerk of the inferior court of the county a fine of ten dollars for every hundred
dollars' valuation fo negleded or concealed, one half whereof for the ufe of the
county, under the diredions of the inferior court, and the other half to the ufe of
the informer or informers.
Attornies,trus-* 9. And he it enaffed, That all attornies or truftees of or for any perfon or perfons
make returns, living without the limits of this ftate, fhall make true returns as aforefaid in the dif-
kliposJdbydlu trifi wherein fuch attorney or truftee refides, and that fuch attorney or attornies,
truftee or truftees, fhall be fubjed and liable to pay the tax to become due by this
ad, or which may be due by virtue c*f any former tax ad or ads, for fuch land or
lands, flave or flaves, out of his, her or their own proper eftale, notwithftanding
fuch attorney or attornies, truftee or truftees, may renounce or difcU^m ading as
Siftmton before the faid taxes are levied, unlefs fuch attorney or attornies, truftee or truf-
tees, fhall make oath before the receiver aforefaid, that he or they hath or have re-
TAX.
flounced fuch truft or-attorneyfhip before the payment of fuch tax become due, with-
out having done it only with defign to avoid the payment thereof: Provided alivoy., p«
That if fuch attorney or attornies, truftee or truftees, (hall, within one year next
after making fuch oath, again become attorney or attornies, truftee or truftees, oi
aft as fuch, he or they fliall be liable to pay the faid tax as herein directed, any thing
herein contained to the contrary notwithftanding; and for levying whereof the fame
■remedy fliall be and is hereby given as for levying the tax to become due by virtue of
this aCl, on the proper eftate or eflates of fuch attorney or attornies, truftee or truftees,
or other perfon or perfons aCling as fuch.
. 10. And be it further enabled by the authority aforefaid, That in cafe any land or
other taxable property fliall be found by the receivers to belong to any perfon or per-
fons redding without the limits of this ftate, and who have no attorney or attornies,cdasain4t'
'truftee or truftees, legally conftituted in this ftate, or which have not been returned
to any receiver appointed to the county where fuch lands are, then and in fuch cafe
the receivers fliall be, and they are hereby authorized and required to charge the faid
lands and other property for the payment of the tax impofed thereon, and alfo for all
the taxes due thereon by any former tax aft, and forthwith, once in each month, to
publifh and give notice of fuch charge or affeffment in the gazette; and in cafe of
non-payment of fuch taxes within fix months, the faid lands and other property fliall
be thereafter liable to double tax, and to be proceeded againft by attachment in a fum-'DoubletaS*
mary way by the colleftor, in the manner of diftrefs and fale, and to make titles to
the perfon or perfons purchaftng the fame, and to pay the money, lawful charges only
to be dedufted, into the treafury.
11. And be it enabled by the authority aforefaid, That all perfons whatfoever who whence"*
aje poffeffed of any lands or flaves in this ftate, in his or their own right, or in thepaid-
right of any other perfon, or any ways liable to pay tax by virtue of this or any other
aft, lb all pay in their taxes to the colleftors that may be appointed to receive the fame
in the manner herein ajfter directed, on or before the firft day of December next, and
the refpeftive colleftors' receipts fliall be held and taken as fatisfaftory; and if on the
faid firft day of December, any perfon or perfons fliall be in default, the colleftor
of the county where fuch default fhall happen, fliall immediately proceed againft fuch
defaulter by diftrefs and fale, after due notice given of fuch fale, which in no cafe
fliall be lefs than twenty days' advertifement in one of the public gazettes of the ftate, Goods and
and dating the amount of the affeffment levied or tax due by fuch perfon or perfons, levied oi,|
-of goods and chattels, if any to be found, otherways on the lands of fuch defaulter not the lands'j
O J * J on twentydavs
6r defaulters, or fo much thereof as will pay the amount of the taxes due, with cofts, jj?Jj£;bcins
and in all fuch cafes to make titles to the purchafers of the property fold as aforefaid;
and the faid colleftors refpeftively fhall, on or before the firft day of February, in
the year of our Lord one thoufand feven hundred and ninety-feven, clofe their ac-
counts and deliver the fame to the treafurer for the time being, and, after dedufting
five per cent, on all fuch taxes as they fliall receive, pay the remainder to the treafu-theiamuobe
rer. And the tax colleftors fhall^ at all fales of land for taxes, firft offer fuch- part the*ZX pay
of fuch lands for fale as may be reafonably expeCted to produce the amount of tax
due by the owner there&f; and if he fhall not have a bid for fuch part of the faid
lands, he may then offer a larger quantity, until he can produce bids to the amount
of the taxes due; and that no fale of lands heretofore or hereafter made by tax col-
leCtors of more than one traCt or grant belonging to or fold as the property of one
perfon, or one company or fociety of perfons, where fuch traCl firft fold fliall
have produced or amounted to the taxes due by fuch perfon, or on all the lands re-
TAX.
Property notl
returned, .info
k. t to double
Proviso.
Eroviso.
turned or rcpixfentecl as the property of fuch perfon or peifoas, Shall be dccjued of1
confidered valid, but fuch falqs are hereby declared to be null and void.
12. And be it further tnaBed, That when any ofj.be faid receivers of returns or
collectors of taxes, {hall or may difcover that any land, or flaxes, or other taxable
property, hath not been returned as in this act pointed out, he or they fhall fummons
three freeholders, residents of the diftrid where fuch lands may lie or property be, to
afcertain the value of fuch lands or other property, and double the tax thereon, for
which amount the collector is hereby empowered and required to levy, fell and con-
vcy in the manner herein already mentioned: Provided always ncverlhelefs, That all
lands or other property Veiled in commiflioners or truftces for public ufes fhall not
come within the purview of this aCt; And provided alfo, That ho fale which {hall be
made under this aCt of the property of orphans (having no guardian or truftee) fhall
have any effeCh
13. And whereas, It has happened, and may frequehtly happen, that between the
day of receiving the return and the day appointed far the payment of the faid tax, ma-
ny perfonshave left the diflrict in which they refide, and have been returned by the
ttuowents. collectors as infolvents who had no property upon which the collectors Could levy and
diflrain: Be it therefore cnaBed by the authority aforefaid, That the collectors in any
county {hall be obliged to lay before the grand jury of each county a lift of fuch in-
folvents as may be in fuch county or counties on oath, who {hall allow ordifallow
the fame.
Tliiitaxtobc And be it enaUed by the authority aforefaid, That the taxes impofed by this act
encumbrances, fhall be preferred to all fecurities and encumbrances whatever, and that in cafe any per*
fan or perfons coming under the notice of this act fhall die between the time of giving
in.his, her or their returns to the receiver or receivers refpectively, and the paying of
his, her or their tax, and any goods or chattels of the deceafed, to the value of the
fum taxed {hall come into the hands of his, her or their executors or adminiftrators,
or executors in their own wrong, fuch executors or adminiftrators fhall pay the fame
by the time before limited, prior to all judgments, mortgages or debts whatfoever,
or otherxvife a warrant of execution fhall iffue againft the proper goods and chattels
of fuch executor oradminiftrator; and if arty perfon or perfons, between the time
of rendering the account of his, her or their eftate to the receiver aforefaid, and the
time of his, her or their paying in the faid tax, fhall be about to depart the .county
in which he, fhe or they may have immediately then preceding reftded, the faid col-
leClor or collectors is and they are hereby direCted and required forthwith to levy the
fame, notwithflanding the day of payment may not then have arrived, unlefs fuch
perfon or perfons fhali and do find fecurities, to be approved of by the faid collector
or collectors refpeCtively, for the payment thereof at the day herein appointed.
* 15. And be it further enaBedy That all deeds of gift, conveyances, mortgages,
fales and alignments of goods, lands, tenements and chattels of an^ hind, of any
perfon or perfons whatfoever, made with ail intention to avoid paying the aforefaid
tax, are hereby deemed and declared null and void: And in cafe any perfon who has
mortgaged his eftate, real or perfonal, fhall refufe or negleCt to pay the tax of the
fame, the mortgage fhall be liable to pay the fame; Provided > That no fale for taxes
under this aCt fhall tend to affeCt the ftate title to any property mortgaged or fecured
thereto.
16. And be it further enaBed by the authority aforefaid, That the treafurer for the
time being be, and he is hereby empowered and required to grant executions againft
all former collectors of taxes who are or may be defaulters immediately after the paf-
Admirilstra-
tor#, &c.
Persons about
t« remove.
Weeds, & c.
made to evade
this tax—void.
Proviso.
Executions to
issue against
selfcttors.
TAX.
5l3
fing of this aCr, and bb is hereby required and direCted to proceed and prepare the
form of a general return to be made by the refpeClive receivers of tax returns to be ap-
proved of by the governor, and tranfmitted by the treafurer without delay to the
aforefaid officers. -
17. And be it further enaBed, That where the colleftor of the county finds no pro-
perty real or perfonal therein of perfons in arrear to fatisfy the tax due by virtue ofmaybesJi.
this or any former tax aCl, fuch collector is hereby authorized and empowered, to fell
fo much ot the property of the perfon neglefting to pay as aforefaid, as may be fitu-
ate in any other county or counties as will fatisfy the faid tax, and arrears of tax as
aforefaid,* without further notice than his giving twenty days' previous publicity of
fuch fale, by advertiiement in one of the gazettes of this hate, and the collectors fhall
be allowed the fum of fifty, cents for each execution levied, and five per cent on all
amount of fates.
. 18. And be it alfo enaBed, That every perfon or perfons, refufing or neglefting tOpena!tyforre.
give in a lift of his her or their taxable property agreeably to the directions of this aCt 5 give m returns;
fhall forfeit and pay for every fuch negleCt the fum of one dollar for every freejnale
perfon above the age of twenty-one years, the fum of one dollar for every negro ; the
fum of eighty cents on every hundred dollars value of every lot, wharf or other
lands not therein already enumerated, and on all buildings within the limits of any
town, village or borough, within the fame, to be paid by the mafter or owner there-
of, and to be recovered by bill, plaint, or information before any court of record;
the one half thereof to go to the informer and the other half to the ufe of the coun-
ty where fuch information, is made, except where the profecution is carried on by pre-
fentment, and in that cafe the whole fhall be applied to the ufe of the county : Provi- Provbg!>
ded always, That fuch informatibn or prefentment be within twelve months after fuch
negleftor default.
19. And whereas divers perfons non-refidents of this ftate import large quantities
of goods, wares, and merchandize, and evade the payment of taxes by not being in
this ftate at the time ufually prefcribed for making returns for taxes, for remedy
whereof: Be it enaBed, That any non-refident who fhall expofe to fale any goods inTaxonnon.
this ftate, fhall on his arrival or within feven days after entering the fame make re-
turn on oath to the receiver of taxable returns and give fecurity to the tax collector"1
to pay the fame on or before the time prefcribed for paying taxes impofed by this
aft : Provided That fuch goods fhall not be liable to pay the tax, when they may beProvis®*
exported or placed on the hands of a vendue mafter to be actually difpofed of by him
or them, and on failing to comply as aforefaid, it fhall and may be lawful for the tax
collector to proceed againft him or them in like manner as againft perfons about to
remove out of the county.
20. And be it further enaBed, That it {hall be the duty of the judges of the fuperi-Def ^
01* courts at their next term, after the returns of the receiver of taxable property fhall
have been made agreeably to this aCtj to give it in charge to the grand juries of the
feveral counties, that they do prefent all fuch perfons as may be defaulters under this
aft, Provided neverthelefS) That where any perfon or perfons who may be a default- Ptevis9,
er, fhall before any information or prefentment be made againft him or them go to
the clerk of the fuperior court of his county, and give in a lift of his property upon
oath, in the fame manner as ought to have been given to the receiver, fuch perfon
or perfons fhall be exonerated from the pains and penalties of this aft; and each per-
.Ion fhall pay to fuch clerk for taking fuch lift the fum of fifty cents, and every fuch
5*4
TAX.
clerk fhall return to the colleftor of his county on or before the firft day of Decern-
her one thou land feven hundred and ninety-fix a true lift of fuch property* and al-
fo tranfmitto the treafurer a return thereof, on or before the firft day of February
following.
Tar to tic paid And be it enabled by the authority afore/aid. That the tax impofed by this aft fhall
KJkvia, be paid and collefted in fpecie, and nothing elfe ; and no replevin fhall lie or other
° judicial interference be had in any levy of diftrain for taxes under this law, but that
the party injured be left to his proper remedy in a court of law. ;
21. And whereas many of the perfons appointed by the laft legifiature in the ref-
peftive counties to receive returns of taxable property of fuch county did not ac^
cept their appointments, or failed to perform the duties thereof, by reafon whereof
no returns have been made from many diftricts in fome counties, and in others from
no diftrict therein, for the year 1795, and in confequence thereof, no tax has been
collected from fuch diftricts and counties; and it is jufi and neceflary that every indi-
vidual of the community fhould contribute his proportion of the means for the fup-
Receiversap- Port government: Be it therefore further enabled, That the receivers to be ap-
^toukcre1-"8 pointed by virtue of this act, in all fuch diftrifts and counties where no returns of
Sefthey795 taxable property have been made for the year 1795 as aforefaid, be and they are
jEotbeen hereby direfted to require of the inhabitants of fuch diftricts on oath a lift of the
taxable property each of them were poffeffed of at the time when the returns ought
to have been given in to the receivers appointed under and by virtue of the tax lav?
for that year, which lifts fuch receivers Hi all keep feparate from the tax returns to be
made by virtue of this aft ; and fhall return the fame to the treafurer together with
the general return to be made under this aft, and fuch receivers fhall have and re-
ceive for their trouble, fuch allowance as is by this act allowed for receiving the gene-
ral returns, and every perfon neglecting or refufing to give in fuch lift, fhall be re-
turned a defaulter, and fhall be fubject to all the pains and penalties as other perfons
neglecting or refufing to give in their returns under this act, and fhall be recovered in
■ftrovuo, manner herein after pointed out for default under the prefent act. Provided never-
thelefs, That where it fhall be fhewn fatisfactory to the receiver that any perfon ot
perfons have given in their return of taxable property for the aforefaid year, in fuch
cafe, fuch perfon fhall not be compelled to give in his or her return again ; and that
the collectors Gf the refpective counties where fuch neglects have happened fhall.re-
ceive and account with the treafurer for the aforefaid arrearages, in the fame manner
■ as for the tax impofed by this act.
22. And whereas in and by the tax law for the year 1795 aforefaid, it is enacted
that the returns for all lands fhall be made and the taxes paid in the county wherein
fuch land is fituate, which tends to deprive the ftate of a very confiderable part df
her revenue and it is likewife calculated to incommode and harrafsthe citizens'there-
of unneceffarily, and to fubjeft them to the lofs of their property without having
of the tax aft been intentionally defaulters, Be it therefore enabled. That fo much of the aforefaid
rc" aft as is before recited, relative to returning lands in the county where they lie, is here-'
by repealed, and the owners of all lands or their agents, guardians, or truftees, lying
out of the county wherein fuch perfon refides may make returns of all fuch lands in
the county where they refide, and pay the tax due thereon for the year 1795 afore-
faid, in manner and form herein before prefcribed for perfons refiding in any^county
or diftrift for which the receiver or receivers have not afted as aforefaid, and fuch re-
ceivers are required to receive the fame and the colleftors to colleft the taxes due there-
©n in manner before mentioned; and any fale of lands lying out of the county whereia
TAX.
fuch olvner or ownen refides, or fuch attorney, guardian, Or truftee refides, under
and by virtue of the aft 1795 aforefaid, is declared null and void; provided the ow.
ner or owners fhall within four months after the paffing of this aft return fuch lands
and pay the taxes vdue thereon for the faid year 1795, in manner herein before pre-
fcribed.
23. And be it farther enaBed, That the fum of ten dollars fhall be levied on all ^portcStSt^5
negroes brought into this .ftate by fea, for fettlement or fale, except fuch as may betkisstate>
brought in by emigrants from any other part of the United States for fettlement, to be
paid to the tax colleftor of the county within which fuch negroes may arrive, within the
fpace of twenty days after fuch arrival, and a return of which negroes fhall be made
to the receiver of tax returns of the county within five days after fuch arrival, fpecify-
ing the number and fexes of negroes fo imported, and in cafe of negleft or refufal
to make fuch returns or payment, the faid negroes fhall be and are hereby declared to
be' forfeited to and for the ufe of the ftate, and fuch tax collector is hereby authori-
zed and required to fell and difpofe of fuch negroes, and to lodge the amount of fales
thereof in the treafury. Provided, That the tax collectors appointed by virtue of this*»vto.
act fhall not be entitled to receive more than one per cent, on the tax impofed by this
act on negroes brought into this ftate by fea, nor the receivers of tax returns more
than one half per centum on the amount of fuch tax, and fuch colleftors fhall quar-
terly account for and pay into the treafury all monies fo by them received for fuch
tax.
24. And provided alfo, That nothing in this aft fhall be conftrued to impofe ataxproris,.
of ten dollars on negroes brought into this ftate aftually belonging to the veffels bring-
ing them as mariners.
. 25. And be it further enacted by the authority aforefaid, That any receiver making penalty for re-
a falfe return expreffive of more, or other than is to him given in, fhall forfeit and fauecrretSranSins
pay to the party aggrieved a fum equal to double the amount of the tax on the prop-
erty fo illegally returned; and any colleftor demanding any other or more tax thanPeniltyforc#!.
by this aft is impofed according to the refpeftive returns, fhall forfeit and pay to the l^oSSf"
party aggrieved, for every fuch offence four fold on the fum fo unlawfully received,due*
to be recovered before any jurifdiftion having cognizance thereof; And it fhall be the
duty of the fheriffs of the refpeftive counties to execute all executions and other pro-
cefs iffued by the treafurer againft officers appointed by this aft, under and by virtue
of the fame.
THOMAS STEPHENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefidenl of the Senate.
Concurred February 22, 1796.
^JARED IRWIN, Governor.
An aB to raife a tax for the fupport of government for the year one thou}and jeven hun-
dred and ninety-jeven.
.1. T> E IT ENACTED by the Senate and Houfe of Representatives of the fate ofrtxen^va'.
: J3 Georgia in General Ajfembly met, and it is hereby enaBed by the authority
thereof That a tax of thirty-five cents, for every hundred dollars value, on all lands
1
TAX.
within this ftate, granted to or furveyed for any perfon, as fuch lands {hall'-be eftF
mated at, fhall be levied on the fame in the following mode, to wit :
All tide fwamp, (cultivated or uncultivated) including iflands, of the firftquality, at
ten dollars thirty-nine cents per acre; of the fecond quality, at fix dollars forty-
three cents per acre ; and of the third quality, at one dollar feventy-feven cents per
acre.
All pine lands adjoining fuch tide fwamp lands or contiguous thereto, and within
three miles of water-carriage, at one dollar fixty-one cents per acre : all prime in-
land fwamps (cultivated or uncultivated) of the firft quality, at an average of feven
dollars feventeen cents per acre ; of the lecond quality, at three dollars ninety-feven
cents per acre; of the third quality, at one dollar fixty-two cents per acre.
All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre.
All fait marfh, at forty-three cents per acre.
All high river fwamp and low grounds, (cultivated or uncultivated) including iflands,
including fuch as are commonly called fecond low grounds, lying above Abercorn
Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firft quality, at five dollars thirty-lix cents per acre; of the fecond quality, at three
dollars twenty-two cents per acre; and of the third quality, at one dollar fixty-one
cents per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft quality, at eight dollars three cents per acre/
of the fecond quality, at five dollars and thirty-fix cents per acre; and of the
third quality, at two dollars thirty-five cents per acre.
All high river fwamp as aforefaid, from the mouth of Rae's Creek to the mouth of
Broa'd River, lying on Savannah River, of the firft quality, at four dollars eight-
een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre;
of the third quality, at feventy-five cents per acre.
All oak and hickory lands (cultivated or uncultivated) including iflands, from the
mouth of Rae's Creek to the mouth of Broad River, and within one mile of Sa-
vannah River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, up the Savannah River, and within one mile of the fame,'
and up Tugalo River to the marked line on the faid ftream, of the firft quali-
ty, at one dollar and eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All oak and'hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quali-
ty, at one dollar eighteen cents per acre; of the fecond quality, at fixty-eightf
cents per acre; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from Fort Argyle to the mouth of Buck head Creek on Ggechee River, of the
firft quality, at two dollars three cents per acre; of the fecond quality, at one dol-
lar eighteen cents per acre; and of the third quality, at forty-three cents per acre.
All oak and hickory lands aforefaid, from the mouth of Buck-head Creek to the head
of Ogechee River, of the firft quality, at one dollar fixty-one cents per acre; of
the fecond quality at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre,
TAX.
517
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth ^of Buck-head Creek to the head of Ogechee River, of the .fit It
quality at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five
cents per acre; and of the third quality, at forty-three cents per acre.
All high river fwamp (cultivated or uncultivated) including iflands, from Cathead,
on the river Alatamaha, to the mouth of Oconee River, of the fir ft quality, at two
dollars thirty-five cents per acre; of the fecond quality, at one dollar eighteen
cents per acre; of the third quality, at forty-three cents per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Oconee Ri-
ver, along the northern ftream on the north fide of the Indian temporary line, to
the confluence of the Oconee and Appalachee or fouth fork, of the firft quality,
at three dollars twenty-two cents per acre; of the fecond quality, at one dollar fix-
ty-one cents per acre; of the third quality at forty-three cents per acre.
All river fwamp as aforefaid, from the confluence of Oconee River and Appalachee
upwards, on the north fide of the Indian temporary line, of the firft quality, at
two dollars fifteen cents per acre; of the fecond quality, at one dollar and thirty
cents per acre; and of the third quality at feventy-five cents per acre.
All other oak and hickory lands throughout this ftate, of the firft quality, at one dollar
and eighteen cents per acre; of the fecond quality, at fixty-eight cents per acre;
and of the third quality at thirty-four cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the flow-
ing of the tide on all rivers from Cathead, on the river Alatamaha, to the river St.
Mary's, inclufive, to the marked line aforefaid, of the firft quality, at feventy-five
cents per acre; of the fecond quality, at forty-three cents per acre; of the third
quality, at twenty-one cents per acre.
All lands on thefea iflands or lying on or contiguous to the feafhore, ufually culti-
Vated or capable of cultivation in corn, indigo or cotton, of the firft quality, at
four dollars eighty-one cents per acre; of the fecond quality, at two dollars thir-
ty-five cents per acre; and of the third quality, at one dollar eighteen cents per
acre.
All other pine lands throughout the ftate, at twenty-one cents per acre.
2. And be it enaHed by the authority aforefaid, That the fura of thirty-one and a
quarter cents fhall-be levied on all free male white perfons of the age of twenty-one
years and upwards in this ftate; and the fum of thirty-one and a quarter cents on
all negroes and other flaves whatever, under the age of fixty years, within the
limits of the fame; and the fum of thirty-one and a quarter cents for every hun-'
dred dollars value of every lot, wharf or other lands not herein already enume-
rated, and , on all buildings within the limits of any town, village or borough
within the fame; the fum of fifty cents upon all male free negroes, mulattoes and
muftizoes, from the age of twenty-one years and upwards, over and above the tax-
able property they may be poffeffed of; that the fum of twenty cents fhall be levied
for every hundred dollars value of all perfons' ftock in trade, fhopkeepers and others,
and to be computed at prime coft, and the return to be made on oath that the ftock
in trade fo returned is the higheft eftimation of the ftock in fuch peifon's poifeflion,
at any time not exceeding three months preceding the time appointed by this law for
fuch ftock in trade to beeftimated and returned; the fum of four dollars on all pro-
feffors of law and phyfic; and the fum of fifty dollars on ali billiard tables; and the
fum of three hundred dollars on every EO table, or other inftrument of the like
conftruklion for the purpofe of gambling; that the tax impofed on EO and billiard
Ji8 TAX.
tables may be levied and colleBed at any time after the paffing of this aB, wherever
fuch tables may be found;' and every tax colleBor is hereby required to proceed im-
mediately againft perfons keeping fuch tables; as is direBedin cafes of non-payment
of taxes on other property; and the fum of four dollars on all faBors and brokers,
and on all foreign wares, liquors and merchandize, fold, bargained or trafficked For
by all fuch faBors and brokers; the fum of eighteen and three quarter cents on every
hundred dollars by them fo fold or difpofed of, to be given in upon oath; and the
fum of fifty cents upon every hundred dollars of the funded ftock of the United
States, to be given in by the holders thereof in like manner as ftock in trade : Pro-
v.ided neverthelefs, That in all cafes of extreme indigence or infirmity, the inferior
court of each county fhall be, and they are hereby authorized to remit the poll tax
upon fuch indigent or infirm perfons claiming the fame.
UKrctum^to 3- be it enabled by the authority aforefaid, That there fhall be a receiver for
forX°^s«cc- 6ach county throughout this ftate, and the mode of taking the returns fhall be as
tivewuntiw. follows*. The receiver of tax returns in each county fhall give notice to each captain's
diftriB within the county, by advertifing in the moft public place, of each diftriB the
Manner of re. day and place he will attend to receive the returns of taxable property therefor; and
lums. which notice fhall be given atleaft ten days previous thereto; fuch receiver fhall likewifd
attend previous to making his return of defaulters, three different days in each diftriB
for that purpofe, which days fhall not be within feven days of each other; and
the commanding officer in each company fhall give to the receiver fo attend-
ing a lift of the inhabitants liable to pay taxes within his diftriB, on oath or
firmation, to the beft of his knowledge and information, under the penalty of thirty
dollars in cafe of failure, to be recovered before any juftice of The peace within the
county, one half to the perfon fuing for the fame, the other for the ufeof the poor
of fuch county. And it fhall be the duty of the receiver of returns at all times, up-
on perfonal application, to receive the returns not given at the time and place fpecially
notified, at any time before he makes a digeft of the whole returns; and he fhall, pre-
vious to entering on the execution of his duty, take and fubfcribean oath or affirixia-
R4l"vlverioat1'tion in the words following, to wit: 44 I, A. B. do folemnly fwear (or affirm) that I
will truly 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 aB, and will not
receive any return but on oath or affirmation."
List of taxable 4. And be it alfo enabled, That all and every perfon liable to pay tax fliall give in
the lift of his, her or their taxable property, as well as a lift of every fuch perfon or
perfons as he, fhe or they may be attorney or attornies, executor or executors, ad-
miniftrator or adminiftrators for, in the county or counties wherein fuch attorney, ex-
ecutor or adminiftrator refides, defcribing as near as poffible, from plats, deeds or
other documents, the particular fituation of fuch land, in what county, what parti-
cuiar water courfe on, and what lands it adjoins, for whom furveyed or to whom
®u3£^jcaiv* granted; and the receiver of fuch returns fliall make a general digeft, and return the
whole of the taxable property received as aforefaid, and alfo of the taxable property^
of non-refidents and defaulters within his county, and fliall tranfmit three copies, one
to the colleBor of the county, one to the inferior cou rt, and one to the trealurer ; and
that the faid tax receivers do deliver the aforefaid three copies, to wit, to the colleBor
and clerk of the inferior court, on or before the fifteenth day of July next, and to
the treafurer, on or before the firft day of Auguft thereafter, under the penalty of
tender penalty one thoufand dollars for each offence, including therein his own taxable property
euidolbln, fhall publifh within one month thereafter in thegazette the names of the defaul-
TAX.
ters, under the penalty of two hundred dollars; and the receivers ffiall receive two underi
and one half percent, on the taxes ariling from all property returned, and lix and dollars,
one fourth cents on each return of a poll without property; and it fhall be his duty to
tranfmit to the treafurer, and clerk of the inferior court, and colle&or of taxes, each
a copy of fuch digefl. And that the faid feveral receivers to be appointed by this fheircompear
aid (hall be paid by the collectors in their refpeCtive counties, the fums which fhall be- aion*
come due them for their fervices as allowed by this a£l: Provided, That no receiver
fhall be allowed or paid by the collectors before fuch receiver fhall produce a certifi-
cate from under the hands of the clerk of the inferior court of fuch county, that
fuch receiver is entitled to fuch fum for his fervices agreeable to this aCt; which cer-
tificates fuch clerks are hereby on application direCied to give; and every collector
fhall be allowed credits for fuch payments in his fettlement with the treafurer, who is
hereby required to tranfmit an alphabetical digefl (from the feveral general returns in
h's office,) of all the lands and other property returned as lying in each county, to the
inferior courts of the refpeClive counties, to be examined and compared with the re-
turns of fuch county; for which duty the treafurer fhall be entitled to the fum of fiveTre3surert#
dollars for each digefl fo tranfmitted, for which fums his excellency the governor is exam-
authorized to draw a warrant on the treafury, on the treafurer's producing and depo- tu£1f.s#id rs"
fiting in the executive office a receipt for fuch digefl; from the clerk of the inferior
court of the county; and in cafe the treafurer fhall fail or neglefl to tranfmit fuch
alphabetical digefl on or before the lafl day of each year, he fhall forfeit and pay the
fqm of fifty dollars for each digefl not tranfmitted, to be recovered by the juflices of
aM^e inferior court, in any court having cognizance thereof, and applied to the ufe of
iuch county. And it fhall be the duty of each tax receiver to examine the alphabet-
ical digefl fo tranfmitted by the treafurer, and report upon oath all lands and other
property within not returned as aforefaid, and the quality of fuch land, to the beft
of his knowledge and information, to the collehlor of fuch county; and it fhall be
the duty of fuch colleflor to proceed to colletl the taxes fcdue thereon, in the fame
manner as if fuch property had been returned under this a£l, and fhall be accounta-
ble for the fame to the treafurer.
5. And be it further enaBed, That the receivers and colle&ors of tax for the ref-Receiversand
pefctive counties fhall be refponlible to the executive department, and be amenable to
fuch rules in conducing the duties of their refpeftive offices, as the executive may Ihefauert^
think neceffary and proper. The colle&ors of the refpective counties before they fecumy?and
enter on the duties of their office fhall give bond with fufficient fecurity, as follows :
For the county of Chatham, in the fum of twenty thoufand dollars; for the coun-
ty of Camden, in the fum of four thoufand dollars; for the county of Glynn, in the
fum of two thoufand dollars; for the county of M'Intofh, in the fum of fiveihoufand
dollars; for the county of Liberty, in the fum of five thoufand dollars; for the county
of Bryan, in the fum of three thoufand dollars; for the county of Effingham, in
the fum of two thoufand dollars; for the county of Scriven, in the fum of two thou-
fand dollars; for the county of Burke, in the fum of five thoufand dollars; for the
county of Montgomery, in the fum of two thoufand dollars; for the county of
Waffiington, in the fum of four thoufand dollars; for the county of Warren, in the
fum of four thoufand dollars ; for the county of Hancock, in the fum of four thou-
fand dollars; for the county of Greene, in the fum of five thoufand dollars; for the
county of Richmond in the fum of eight thoufand dollars; for the county of Co-
lumbia, in the fum of fix thoufand dollars; for the county of Wilkes, in the fum of
ten thoufand dollars; for the county of Oglethorpe, in the fum of eight thoufand
520
TAt.
dollars j for the county of Elbert, fn the fum of five thoufand dollars ; for the coun-
ty of Franklin, in the fum of four thoufand dollars; for the county of Jackfon, in
the fum of three thoufand dollars; for the county of Bullock, in the ium of two
thoufand dollars; for the county of Lincoln, in the'fum of-three thoufand dollars;
for the county of Jefferfon, in the fum of three thoufand dollars; and fhall alfo
T'leir oath, take and fu hfcribe the follow ing oath or affirmation,-to wit: "I, A; B. appointed
colleftor of tax for the county of do folemnly fwear that I will faithfully
difcharge the duty required of me by law;" and in cafe of death refufal or negleft,
of any colleftor to enter into fuch bond, or take fuch oath, then his excellency the
governor is hereby authorized and required to appoint fome other perfon willing to
accept the fame on the qualification aforefaid, who fhall attend in each diftrift'of the
county to receive fuch tax ; and fhall previoufly give at leaft ten days' notice thereof,
and fhall attend at leaft two days in each captain's diftrift; and not within ten days of
each other, and if he fhall prefume to execute the faid office without the qualification
aforefaid, he fhall forfeit double the fum for each perfon's tax he fhall receive, to be
recovered by any perfon who fhall inform and profecute for the fame in any court or
tribunal having cognizance of debts to that amount.
6. And be it further enabled, That the governor for the time being fhall take bond
siilaiukejond and fecurity of the colleftors of each county refpeftively, in conformity to this aft,
for the due performance of all the duties required of them; and (hall tranfmit a de-
dimus to the juftices of the inferior court of the feveral counties, or any two of them,
to receive and caufe to be executed fuch bond with two or more fecurities to be^m-
proved of by fuch juftices, which bond fhall be forthwith tranfmitted by them to tn^
treafury office.
RstHmsofK«- y. And be it further enabled by the authority aforefaid, ^That all perfons whatfoever
cFonoalh- who are poffeffed of any lands, granted to orfurveyed for them, or for any other per-
fon or perfons, or of flaves, either in their own right, or in any other perfon or per-
Tons whatever, or are liable to pay any tax by virtue of this aft, fhall on or before the
firft day of May next, render a particular account thereof, on oath in writing, fetting
forth in what county fuch lands and flaves are, to the beft of his, her or their know!-
edge, to the receiver of the county wherein fuch perfon refides, at fuch time and
place as the receiver of fuch county fhall appoint for the doing thereof, To that the
fame be done on or before the firft day of May aforefaid ; which oath or affirmation
Fonnoflhall be in the words following, viz. " I-——■—do fwear or affirm (as the cafe may be)
oath" that the account which I now give in, is a juft and true account of all the taxable
property which I was poffeffed of, held or claimed on the firft day of January laft,
or was interefted in or entitled unto, either in my own right or in the right of any
other perfon or perfons whatfoever, as parent, guardian, executor, adminiftrator,
agent or truftee, or in any other manner whatever, according to the beft of my knowl-
edge, information and belief, and that I will give a juft and true anfwer to all lawful
queftionsthat may be allied me touching the fame; and all this I declare without any
equivocation or mental refervation whatever. So help me God." Which faid oath
or affirmation the receivers of tax returns, for the feveral counties, are hereby ref-
peftively authorized to adminifter gratis.
forne_ 8. And be it further enabled, That if any perfon or perfons (hall negleft or refufe
JfciSgp"8 to give in a return of his, her or their taxable property, or fhall be convifted of fraud
or making a falfe return thereof, he, fhe or they, fhall be liable to pay to the clerk of
the inferior court of the county, a fine of ten dollars, for every hundred dollars valua-
tion fo neglefted or concealed; one half whereof for the ufe of the county, under
TA'X..
the direBion of inferior court, and the other half to tfje life of the informer or in-
formers; to be recovered in any court having-cognizance of the fame.
9. And b^it m&Bbd, That all attornies or'truftees of, or for any perfon or perfons
living without the limits of this ftate, fhall make true returns as aforefaid, in the dif-
triB wherein fuch attorney or truftee refi'des; and that fuch attorney or attornies,
truftee or-truftees, fhall be fubjeB and liable to pay the tax to become due by this
aB, or which may be due by virtue of any former tax aB or aBs, for fuch land 01*
lands, flave or flaves, out of his or their own proper eftate, notwithftanding fuch at-
torney or attornies, truftee or truftees may renounce or difclaim aBing as fuch before
the faid taxes are levied ; unlefs fuch attorney or attornies, truftee or truftees, fhall
make oath before the receiver aforefaid, that he or they hath or have renounced fuch
truft, or attorneyship, before the payment of fuch tax became due without having
done it only with a defign to avoid the payment thereof. Provided always, That ifProvts#
fuch attorney or attornies, truftee or truftees, fhall within one year next after making
fuch oath, again become attorney or attornies, truftee or truftees, or aB as fuch, he
or they fhall be liable to pay the faid tax as herein direBed, any thing herein contain-
ed to the contrary notwithftanding; and for levying whereof the fame remedy fhall
be, and is hereby given as for levying the tax to become due by virtue of this aB on
the proper eftate or eftates of fuch attorney or attornies, truftee or truftees, or other
perfon or perfons aBing as fuch.
10. And be it further enabledby the authority aforefaid, That in cafe any land or other
,taixable property (hall be found by thereceivers to belong to any perfon or perfons reft- ner absentees
ding without the limits of this ftate; and who have no attorney or attornies, truftee fied.
or truftees, legally conftituted in this ftate, or which have not been returned to any
receiver appointed to the county where fuch lands, are, then and in fuch cafe the re-
ceivers fhall be, and they are hereby authorized and required to charge fuch lands and
other property for the payment of the tax impofed thereon, and alfo for all taxes due
thereon by any former tax aB, and forthwith once in every month topublifii and give
notice of fuch charge or affeffment in the gazette, and in cafe of non-payment of
fuch taxes within fix months* the faid lands and other property fhall be thereafter lia-
ble to double tax and to be proceeded againft by attachment in a fummary way by the
colleBor in the manner of diftrefs and fale, and to make titles to the perfon or per-
fons purchafing the fame, and to pay the money, lawful charges only to be deduBed
into the treafury, Provided, the owner or owners, his or her agent or attorney, fhall proviso
not within twelve months after fuch fale apply for the furplus; and it {hall be the du-
ty of every tax colleBor, and he is hereby required on the day on which he fhall come
to a final fettlement with the treafurer, or on the day when he is required by law to
clofe his accounts, to make a return on oath, which fhall he certified and vouched
for by at leaft two juftices of the peace for the county, of all land fold by him for
the taxes, fpecially fetting forth the tax for which it was fold, the price it fold forj
and the purchafer or purchafers, and in cafe of failure fuch colleBor and his fecuri-
ties fhall be fubjeB to a penalty of two thoufand dollars, to be recovered in any court
having cognizance thereof to the ufe of the profecutor, and fhall alfo be fubjeB to an
aBion at law for damages by any perfon aggrieved thereby.
11. And be it further enabled by the authority aforefaid, That all perfons whatfoe- Tax
ver who are poftefied of any lands or flaves in this ftate, in his or their own right,
or in the right of any other perfon or any ways liable to pay tax by virtue of this or
any other aB? fhall pay in their taxesto the colleBors that may be appointed to receive
'3 u
522
TAX.
the fame, in the manner herein after dire&ed, on or before the firft day-of February
next, and the refpefilive collectors' receipts fhall be held and taken as fatisfa&ory $ and
if on the faid firft day of February, any perfon or perfons fhail be in default, the col-
Defaulter's tiro- le&or of the county where fuch default fhall happen, fhall immediately proceed
pcrtvtobe agajnft defaulters by diftrefs and fale (after due notice given of fuch fale which
in no cafe fhall be lefs than twenty days' advertifement in one of the public gazettes of
Marnier of sale, the ftate, and ftating. the amount of the affeffment levied, or tax due by fuch perfon
or perfons) of goods and chattels, if any to be found, otherwife of the lands of fuch
. defaulter or defaulters, or fo much thereof as will pay the amount of taxes due with
cofts, but no fale of lands fhall be made or be valid unlefs two months' notice thereof
be given by advertifement in one of the gazettes of the ftate, which fhall be regularly
publifhed until the day of fale : And in all cafes to make titles to the purchafers of
the property fold as aforefaid, and the faid collectors refpeftively fhall, on or before
the firft day of June, in the year of our Lord one thoufand feven hundred and nine-
ty-eight, clofe their accounts, and deliver the fame to the treafurer for the time being,
and after deducting five per centum, on all fuch taxes as they fhall receive pay the
remainder to the faid treafurer. And the tax colle&ors fhall at all fales of land for
taxes firft offer fuch part of fuch lands for fale as may be reafonably expefted to
produce the amount of tax due by the owner thereof, and if he fhall not have a bid
for fuch part of the faid lands, he may then offer a larger quantity until he can pro-
duce bids to the amount of the taxes due; and that no fale of lands heretofore or
hereafter made by tax collectors of more than one traCt or grant belonging to or fokj^
as the property of one perfon, or one company or fociety of perfons, where fuch
traCt firft fold, fhall have produced or amounted to the taxes due by fuch perfon, or
on all the lands returned or reprefented as the property of fuch perfon or perfons
fhall be deemed and confidered valid, but fuch fales are hereby declared to be null
and void. "
Double tax in be it further enabled, That when any of the faid receivers of returns or
crtaiacases. co]le£iors of taxes fhall or may difcover that any land or flaves, or other taxable pro-
perty hath not been returned as in this aft pointed out, he or they fhall fummon three
free holders, refidents of the diftrict where fuch lands may lie, or property be, to af-
certain the quality of fuch lands or other property, and double the tax thereon, for
which amount thecoileCior is hereby empowered and required to levy, fell, and convey
tvoviso *n manner herein already mentioned. Provided always neverthelefs, That all land&
or other property veiled in commifiioners or truftees, for public ules fhall not come
within the purview of this aft: And provided alfo, That no fale which fhall be made
fxoviso, Under this aft of the property of orphans (having no guardian or truftee) fhall have-
any effect.
13. 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 faid tax, many
perfons have left the diftriCl in which they refide, and have been returned by the col-
leCtors as infolvents, who had no property upon which the collector could levy an'ef
deft rain.
insolvent Kst Ae li therefore enabled by the authority aforefaid, That the collector in any county
kygraCH°^urksd fhaft be obliged to lay before the grand jury of each county, a lift of fuch infolvents
as may be in fuch county or counties on oath who fhall allow or aifallow the fame.
Taxes prefer- 14\ And be lt enabled by the authority aforefaid, That the taxes impofed
by this aB, fhall be preferred to all fecuritiesand encumbrances whatever, and that
in cafe any perfon or perfons coming under the notice of this aft, fhall die betweea
TAX.
tTie time of giving in Ms,-her or their returns, to the receiver or receivers refpeftively,
and the paying of his, her or their tax, and any goods or chattels of the deceafed, to
the value of the fum taxed, {hall come into the hands of his, her or their executors
or adminiftFators1, or executors in their own wrong, fuch executors or adminiftrators
ihall pay the fame by the time before limited, prior to all judgments, mortgages, or
dehts whatfoever, otherwife a warrant of execution {hall iflue againft the proper goods
and chattels of fuch executor or adminiftrator; and if any perfon or perfons between
the time of rendering the account of his, her or their eftate to the receiver aforefaid,
and the time of his, her or their paying in the faid tax, fhall be about to depart the
county in which he, fhe or they may have immediately then preceding refided ; the
faid col left or or colleftors is and they are hereby direfted and required forthwith to le-
vy the fame, notwithftanding the day of payment may not then have arrived, unlefs
fuch perfon or perfons {hall and do find fecurity to be approved of by the faid collec-
or or colleftors refpeftively, for the payment thereof at the day herein appointed.
" 15. And be it further enabled, That all deeds of gift, conveyances, mortgages, D;edS,&c.
fales, and alignments of goods, lairds, tenements and chattels, of any kind of any th^paymSuS
' 1 r j • i • • ■ L r f J ' t ix fraudulent
perfons whatioever, made with an intention to avoid paying the aloreiaid tax, are^™;*.
.hereby deemed and declared null and void; and in cafe any perfon who has mortga-
ged his eftate real or perfonal, {hall refufe or negleft to pay the tax of the fame the
mortgagee {hall be liable to pay the fame. Provided, That no fale for taxes under
this a61 fhall tend to affeft the ftate title to any property mortgaged or fecured there-
to.
16. And be it further enabled by the authority aforefaid, That the treafurer for the Executions
time being, be and he is hereby empowered and required to grant executions againft <>«mdefauit. "
all former colleftors of taxes who are or may be defaulters, immediately after the
pafling of this aft; and he is hereby required and direfted to proceed and prepare
the form of a general return to be made by the refpeftive receivers of tax returns, Form of the
to be approved of by the governor, and tranfmitted to the treafurer without delay
to the aforefaid officers.
17. And be it further enabled, That where the colleftor of the county finds no pro- coiieaorsmsy
perty real or perfonal therein of perfons in arrears to fatisfy the tax due by virtue ol iSgSSoVthei"
this or any former tax aft, fuch colleftor is hereby authorized and empowered
to fell fo much of the property of the perfon neglecting to pay as aforefaid, as may
be fituate in any other county or counties as will fatisfy the faid tax and arrears of tax
as aforefaid, without further notice than his giving twenty days' previous publicity of
faid fale, by advertifement in one of the gazettes of this ftate; and the colleftors
fhall be allowedthe fum of fifty cents for each execution levied, and five per cen-
turn on the amount of all fales.
18. And be it further enabled, That every perfon or perfons refufing or neglefting A(,ditrcnaI
to give in a lift of his, her or their taxable property agreeably to the direfctionsof this aft,ondefau!tcrv
ihall forfeit and pay for every fuch negleft, the fum of one dollar for every free male above
the age of twenty-one years, and the fum of one dollar, for every negro ; the fum-of
eighty cents on every hundred dollars value of every lot, wharf, or other lands not
herein already enumerated, and on all buildings within the limits of any town, vil-
lage, or borough within the fame, to be paid by the matter or owner thereof and to
be recovered by bill, plaint, or information before any court of record; the one half
thereof to go to the informer, and the other half to the ufe of the county where fuch
information is made, except where the profecution is carried on by presentment; and
in that cafe, the whole fhall be applied to the ufe of the county : Provided always,
1
Tax on mer-
chandize fold
by non-resi-
dents.
Defaulters to
be presented.
frovis#.
524 TAX.
That luch information or prefentment be made within twelve months afterTuchv neg-,
leB or default.
19. And whereas, divers perfons. nomrefxdentSr of. this ftate* import; large quanti-
ties of goods, wares and; merchandize, and evade.the payment of taxes, by.nocbe-
ing;in this ftate, at the time.ufually preferibed for making,returns* for taxes, for. reme-
dy : Be it enabled, That any non-refident who fliall expofe to fale any goods in this-
ftate, fliall on his arrival or within feven days after entering the, fame, make return on
oath, to the receiver of taxable returns, and give fecurity to-the tax colleBor to . pay-
the fame on or before the time preferibed for paying,taxes impofed by this aB. Pro-
videjd, That fuch goods fliall not be liable to pay the tax,, when they inaybeexported*
or placed in the hands of a vendtie mafter to be aBually dilpofed of by him or them?;
and on failing to comply as aforefaid; it fliall and may be. lawful for the .tax colleBor to -
proceed againft him or them* in like manner asagainft perfons about to remove oyt.
of the county.
20. And be it farther enabled, That it fliall be the duty pf the judges of the
fuperior courts, at their next term, after the return&of the receiver of taxable property -
(hall have been made agreeably to this, aB, to,give it in charge to the grand, juries of
the feveral .counties, that they do prefent all fuch perfons as may be defaulters under-
this aB. Provided neverthelefs, That where, any perfon or perfons who may be a dp-
faulter, fliall before any information or prefentment be made againft him, or them*,
go to the clerk of the fuperior court of his county, and give in a lift of his property,,
upon oath, in the fame manner as ought to have been given to the receiver, fuch*
perfon or perfons fliall be exonerated from the pains and penalties of this aB; and
each perfon fliall pay to fuCh clerk for taking fuch lifl, the fum of fifty cents; and
every fuch clerk fhall return to the colleBor of his county, on or before the firft day
of December, one thoufand feven hundred and ntnety-feven, a true lift of fuch pro-
perty, and alfo tranfmit to the treafurer a return thereof, on or before the.firft of
February following.
21. And be it enabled by the authority aforefaid, That the tax impofed by this.aB--
fliall be paid and colleBecf in fpecie, bank bills of the United States, or of the dif-
ferent branches thereof, governor, prefident and fpeaker's warrants, agreeably to-
the order of the prefent legiflature, and nothing elfe : And no replevin fliall-lie, or
any judicial interference be had in any levy or diftrain for taxes under this law,
but that the party injured be left to his own proper remedy in a court of law.
22. And whereas, in conformity to the tax law of orfe thoufand feven hundred and
ninety-five, many perfons had returned their lands in the counties where they lie; but;
have fince taken advantage of the law of one thoufand feven hundred and ninety-fix,
and paid the taxes thereon in the counties where* they refide, and the colleBors ftill
T«coiicaorf ftand charged with the amount of the returns fo made: Be it enabled, That the trea-
In certain cases furer be and he is hereby direBed and authorized to credit any tax colleBor with the
amount of returns made of lands, by perfons refiding in other counties : Provided*
fuch colleBor fliall make oath, that fuch taxes .have not been paid to him, and the
treafurer fhall make returns of all fuch lands to the colleBor of the county where-
the owner, truftee, agent, attorney or guardian may refide, requiring fuch colleBor
tofliew whether the taxes have or have not been paid to him, and if not, the faid-
colleBor is authorized and required to proceed againft fuch owner, agent, truftee or-
guardian as in cafes of default.
Tasonnejrroc* 23- be ^ farther enabled, That the fum of fifteen dollars fhall be levied on.
all negroes brought into this ftate by fea, for fettlement or fale, except fuch as may
Tax hd-w to
paid.
imported ior
yUe.
TAX.
be.brQughtin by: e^igr^ts from-any other part of the United States for fettlement, to
be paid to thp tax, colleClor of the county within which fuch negroes may arrive, within
thefpace of twenty, days after fuch arrival, and a return of which negroes fhall be
made to the.receiyer of ta?e returns of the county, within five days after fuch am-
val, fpecifyin.g; the number and fexes of, negroes fo imported.; and-in cafe of
neglect or refufal to make fuch returns or payment, the faid negroes fhall be and
are hereby declared to,be forfeited, to and for the ufe of the flate, and fuch tax col-
le&or is hereby authorized and required to fell and difpofe of fuch negroes and lodge
the ampunt of fales thereof in the treafury; Provided That the. tax collectors ap-Pro.,.30
pointed by virtue of th-is.aft-, {hall not be entitled, to receive more than one per cen-
turn, on the tax impoled by this aft, on negroes brought into this ftate by fea,
nor the receiver of tax returns more than one half per centum on the amount
of fuch tax ; and fuch colleClor fhall. quarterly account for, and pay into the trea-
fury all monies fo by them received for fuch tax; And provided alfo, That nothing proviso,
in this a£l fhall be conftrued to impofe a tax of fifteen dollars on any negroes brought
into this flate, actually belonging to the veffels bringing them as mariners.
' 24. And be it further eriaBed by the authority aforefaid, That any receiver making Penalties on
a falfe return, expreffive of more or other than is to him given in, fhall forfeit and taji'coUeft- Ti
pay to the party aggrieved a fum equal to double the amount of the tax on the pro- ticef!al"i,rac*
perty fo illegally returned; and any collector demanding any other or more tax than
by this aft is impofed, according to the refpeftive returns, fhall forfeit and pay to the
party aggrieved for every fuch offence fourfold on the fum fo unlawfully received,
to be recovered, before any jurifdiftion having cognizance thereof, and it fhall be the
duty of the fheriff of the refpeftive counties, to execute all executions and other pro-
cefs iffued by the treafurer againft officers appointed by this aft, under and by virtue
of the fame.
25. And be it further enaBed, That in cafe any colleClor of taxes for any county ExecuttOTSt0
in this {fate fhall not fettle his accounts with the treafurer, and pay in the amount of cXctlrlw'
his collection by the time pointed out in this aft, the treafurer fhall publifh in one of
the gazettes of this flate a notification, requiring all and lingular the tax collectors
who may be in arrear, to come forward and fettle their accounts, and pay the ba-
lance they may refpeCtively owe into the treafury, within two months from the date
of fuch notification, which fhall be regularly publifhed fix weeks f'ucceflively, ftating
the fums due by each collector, their names and fecurities; and in cale of failure to
make fettlement and pay in the monies as aforefaid, the treafurer is authorized and direc-
ted to iffue his execution againft every colleClor fo in default, direCled to all and fin-
gular the fheriffs of this ftate, and tranfmitted to the fheriff of the county for which
the.colleClor is appointed, who is required to levy the fame immediately, if there is
any property of the defendants in the county, if not, to tranfmit the fame to any
other county where the defendants, or either of them, may have property; and the
fheriff' of fuch other county is in like manner to levy the fame; and no execution if-
fued by the treafurer in manner herein prefcribed fhall be flayed by reafon of the
death of the faid colleClor or his fecurities, as to the fum due or the legality of the
execution.
26. And be it further enaBed, That the colleftors of the feveral counties fhall. Taxable pro-
before they receive the taxes from defaulters in their refpeClive counties, afcertain terj fobecJi'fcrfi
and enter in a book to be kept for thatpurpofe, the taxable property in default, and tLVpiS.
the amount of taxes due by fuch defaulter^ an exaCl copy of which book or digeft
TAX.
. thcy.fhall tranfmit to the treafurer, and another copy {hall lodge with the receiver of
taxes of the faid county, who {hall add the fame to his digeft previous to fuch col-
le&or's receiving the taxes from fuch defaulters; and in cafe any collector {hallattempt
to receive the taxes, or any part thereof,* from fuch defaulter or defaulters, before he
{hall tranfmit the aforefaid digefts to the treafurer and receiver as aforefaid, he {hall
forfeit double the amount fo received, to be recovered by execution to be iffued by
the treafurer, as in cafes of default, on information thereof to the treafurer.
Former conec- 27. And be it further enaCtcd, That all former collectors in default fh all, within
tS'MmmS-11 fixty days after the paffing of this att, return a digeft to the treafurer, and another
trwafrep!16 to the receiver, of alimonies received or which they may receive from defaulters as
aforefaid, in the manner herein pointed out, and in failure thereof {hall be fubjeCt to
execution, and the penalties which collectors under this act are fubject to.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 11, 1797.
JARED IRWIN, Governor,
An aU to impofe a tax for the fnpport of the government for the year one thoufand feven
hundred and ninety-eight.
Tat on aii ^ ENACTED ly the Senate and Houfe of Reprefentatives of thefate of
orlu'rfeyedac- Georgia in General AJfemhly met, and by the authority thereof That a tax of
SSSSrataid thirty-five cents for every hundred dollars value of all lands within this ftate, granted
down by the ad to or furVeyed for any perfon or perfons, {hall be paid and levied thereon the value
or eftimation of fuch lands to be rated agreeably to the eftimation or value of lands
in and by an act, entitled 44 An act to raife a tax for the fupport of government for
the year one thoufand feven hundred and ninety-feven."
2. And be it further enabled, That the fum of thirty-one and a quarter cents {hall
be levied on all free male white perfons refident within this ftate, of the age of twenty-
one years or upwards; and the fum of thirty-one and a quarter cents on all negroes and
Haves, under the age of fixty years, within the limits of the fame; and the fum of
thirty-one and a quarter cents for every hundred dollars value of every lot, wharf or
other land not particularly eftimated in the act before recited, and on all buildings
within the limits of any town, village, borough or city within the fame; the fum of
fifty cents on all male free negroes, mulattoes and muftizoes, of the age of twenty-
one years'or upwards, over and above the taxable property they may be poflefted of;
the fum of twenty cents for every hundred dollars value of all perfons' ftockin trade,
merchants, fhopkeepers and others, to be computed at prime coft, and the return to
be made on oath that the ftock in trade fo returned is the higheft eftimation of the
ftock in fuch perfon's pofleffion, at any time not exceeding three months preceding
on physicians, the time appointed by law for fuch ftock in trade to be eftimated and returned; the
onbiiuardta- fum of four dollars on all profeffors of law andphyfic; the fum of hfty dollars on
bu,&e. ajj kj]]iar(] tables; and the fum of three hundred dollars on every EO table, or other
inftrument of fimilar conftruction ufedof intended for gambling; the fum of four
©* i7p?,
Foil tax.
Tax on nc-
groes.,
On lets, &c.
On free ne-
groes.
On Stock in
trade.
TAX.
5*7
-dollars on all factors and brokers; and the fum of eighteen and three quarter cents onfwto», &c.
on every hundred dollars value of all foreign wares, liquors and merchandize, fold,
bargained and trafficked for by all fuch factors and brokers; and the fum of fifty cents
on every hundred dollars of the funded ftock of the United States, to be given in by
the holders thereof in like manner as ftock in trade: Provided never thelefs, That in pro vis#.
*all cafes of extreme indigence or infirmity, the inferior court of each county fhall,
and they are hereby authorized to remit the poll tax on fuch indigent or infirm per-
|bn claiming the fame.
« ... 3. And be it further enaBed, That the fum of fifteen dollars fhall be levied on all
negroes brought into this ft ate by fea, for fettlement or fale, as long as the importa- StTtKSSf
tion is by law permitted, except fuch as may be brought in by emigrants from any
other part of the United States for the purpofe of actual fettlement; which fum fhall
be paid agreeably to the requifitions contained in the before recited tax act for the
year one thoufand feven hundred and ninety-feven, with this further provifion, that
nothing fhall be received in payment of faid tax except fpecie, at the following rates, to be paid in
to wit, French crowns at one hundred fix and a quarter cents, and other coin at thespecie'
rates eftablifhed by the laws of the United States, or bank bills of the United Stales.
4. And be it further enaBed, That the inferior court of the refpective counties of Rece!versand
this ft ate, or any three or more of the members of the faid court, fhall be, and they
are hereby authorized and required to elect the receiver or receivers of tax returns courtnsfcnor
(as the cafe may be) for the time being, and the collectors of taxes in their refpective
counties, within forty days after the annual adjournment of the General Affembly,
and take bond, with two or more good and fufficient fecurities, in fuch fum as may whon-.au
be provided for in the tax law for the time being, conditioned for the faithful perform- *)cuiity.daa*
ances of the duties required of them by law, which bond fhall by the faid juftices or
inferior court be transmitted to the fecretary of ftate within the term of forty days as
aforefaid, and fhall, on the appointment of faid collectors and receivers, qualify
them into office.
5. And be it further enaBed, That if it fhould fo happen that any of the counties vacancy,
fhall not elect, take bond and qualify the collectors and receivers of tax returns pur-
fuant to this act, that then and in that cafe, his excellency the governor fhall appoint
a receiver of tax returns and collector of taxes, and iffue a commiffion, directed to
the juftices of the inferior court of the county where fuch neglect or default may
happen, to tak'e bond and qualify the parties or perfons fo elected.
6. And be it further enaBed, That the duties of the faid receivers and collectors
fhall feverally be the fame as is pointed out for receivers and collectors in and by the8;;;^jyof
act to raife a tax for the fupportof government for the year one thoufand feven hun-^cyare^^c^s
dred and ninety-feven; and the regulations, reftrictions, claufes and provifoes, as well ll^Safoi01
for the government and rule of fuch collectors and receivers, as for the govern-oftlu3tax'
inent and rule of all fuch perfons as are liable to pay tax, either for giving in returns
or payment of taxes, or for the time and mode for fo doing, fhall be the fame for car-
rying this law into execution, as is therein contained for the regulations and reftrictions
under which that law is declared to operate.
7. And be it further enaBed, That for the purpofe of carrying the intent and mean- Aiipart* of
ing of the foregoing claufe more fully into execution, that every part of the before
recited a£l to raife a tax for the fupport of government for the year one thoufand fe- be iu
ven hundred and ninety-feven, not militating with this adt, fhall be held, deemed and
confidered as of full force and efteU.
5*8
tax.
flui^r/how1 to ^ 2'* further enaBed^ That the receivers of tax returns fhall, 'indiirty da^s
uetaxed, after publilhing the names of defaulters, proceed to and affefs all fuch defaulters in
a fum equal, according to the beft of his opinion, to the full amount of the tax of
fuch defaulter or defaulters, which faid affeffmentihalibe deemed and held good againft
fuch defaulter'or defaulters; and the colleftor fhall proceed againft fuch defaulter Or
defaulters for double the amount of the faid afleffment, in manner pointed out by the
faid tax aft of one thoufand feven hundred and ninety-feven, for proceeding againft
T*ovfs». defaulters; Provided, That if any defaulter or defaulters fo affeffed fhall, at any
time before the colleftor fhall levy for the fame, make return upon oath before the
receiver of his or her taxable property, the faid affeffment fhall be confidered void,
and the collector fhall confider the return as the proper charge againft faid defaulter.'
Double taxtm 9* ^ ^ ^ further en'aBed, That any perfon or perfons owning more than ten
rjii ndsowned thoufand acres of land wifhin this flate, fhall cultivate or caufe to be cultivated, five
by one person 7 7
id'Sr acres for every hundred acres over and above ten thoufand acres as aforefaid, and in
fosr%vvccryw default thereof, a double tax fhall be affeffed by thecolleftors of the refpe6live coun-
vLSi5.ccui£i* where fuch default fhall be made; and that all lands of this defcription fhall bfe
and are hereby declared chargeable in the original grantee or grantees' name, any law
to the contrary notwitbftanding.
Accounts of 10« be it further enaBed, That at the meeting of every General Affembly
^leXrastocfbe ^ereafter it fhall be the duty of the treafurer to make out an account of the arrear-
liateuFioaiL?e ages of all colleftors of taxes and holders of public monies, and to poft it up in thfc
flate-houfe for the information of the members.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate.
Affented to February 2, 1798.
JAMES JACKSON, Governor.
An aB to impofe a tax for the fupport of government for the year one thoufand feven
hundred and ninety-nine.
1. TJ E IT ENACTED hy the Senate and Houfe of Reprefentatives of the fate of
lands'granfced Georgia in General Ajfembly met, and hy the authority thereof That a tax of thir-
be estimatedtc> ty-five cents for every hundred dollars value of all lands within this ftate, granted to
?he0taxniaof or furveyed for any perfon or perfons, fhall be paid and levied thereon, the value or
l~97' eftimation of fuch lands to be rated agreeably to the eftimation or value of lands in
and by an aft, entitled " An aft to raife a tax for the fupport of government for the
year one thoufand feven hundred and ninety-feven."
poii tax. 2. And be it further enaBed^ That the fum of thirty-one and a.quarter cents ftiall
be levied on all free male white perfons refident within this ftate, of the age of twen-
Taxonnegroes ty-one years or upwards; and the fum of thirty-one and a quarter cents on all negroes
and other flaves, under the age of fixty years, within the limits of the fame; and the
fum of thirty-one and a quarter cents for every hundred dollars .value of every lot,
P s' wharf or other land not particularly eftimated in the aft before recited, and on all
buildings within theiimits of any town, village, borough or city withip the fame.; the
TAX. 523
film of fifty cents on all free male negroes, mulattoes and muftizoes, of the age of
twenty-one years or upwards, over and above the taxable property they*may be pof-
feffed of; the fum of twenty cents on every hundred dollars value of all perfons' (lock g^°cki*
in trade, merchants, fhopkeepers and others, to be computed at prime coft, and the
return to be made on oath that the ftock in trade fo returned is the higheft eftimation
of the ftock in fuch perfon's poffeffion at any time not exceeding three months pre-
ceding the time appointed for fuch hock in trade to be eftimated and returned; the pn physiciatl3
fum of four dollars on all profeffors of law and phyfic; the fum of fifty dollars on onbiuiwita-
all billiard tables; and the fum of three hundred dollars on every farro, equality, orM=s,&c'
EO table, or other inftrument of fimilar conftruftion ufed or intended for the pur-
pole of gambling: And all and every per/on and perfons who may let up or keep
any table of the aforementioned conftruftions, (hall pay the fum hereby levied not-
wjthftanding the fame may not have been ufed at the time of making returns of taxa-
ble property, and {ball whenever the colleftor may deem it neceft'ary, oblige the per-
fon or perfons keeping the fame to give fecuritv for the payment thereof; and in
.cafe fecurity is not given, the colleftor lhall proceed to levy on any property real or
perfonal belonging to the holders or keepers of fuch tables, notwithftanding the
time for eollefting the general tax may not have taken place. The fum of four dol- Onfaaors>
l&rs on all faftors and brokers; and the fum of eighteen and three quarter cents, on on sale of fo-
every hundred dollar's value of all foreign wares, liquors and merchandize, fold, bar-&c!nv,arat'
tered and trafficked for by all fuch faftors and brokers; and the fum of fifty cents 0nfunded
,on every hundred dollars of the funded ftock of the United States, to be given in by states.0"
the holders thereof in like manner as ftock in trade. Provided neverthelefs, That in Proviso.
Ml cafes of extreme indigence or infirmity, the inferior court of each county fhall and
they are hereby authorized to remit the poll tax on fuch indigent or infirm perfon
.claiming the fame.
- 3. And be it further enaBed, That nothing fhall be received in payment of fa id Tax to> ^.d
taxes except fpecie at the following rates, to wit: French crowns at one hundredinspeclC"
fix and a quarter cents; and other coin at the rates eftablifhed by the laws of the
United States, or bank bills of the United States.
4. And be it further enaBed^ That .the inferior courts of the refpeftive counties of Receirersand
this ftate, or any three or more of the members of the faid courts fhall be and they are appoktedijre
hereby authorized and required to eleft the receiver or receivers of tax returns (as com.e
the cafe may be) for the time being, and the colleftors of taxes in their refpeftive
counties, within forty days after the annual adjournment of the general aflembly, and
take-bond with two or more good and fufficient fecurities, in fuch fum as may be pro- And ge bon*
vided for in the tax law for the time being, conditioned for the faithful performance sccuntJr*
of the duties required of them by law ; which bond fhall, by the faid juftices or in-.
ferior court be tranfmitted to the fecretary of ftate within the term of forty days as
aforefaid, .and fhall, on the appointment of the faid colleftors and receivers, qualify
jthem ipto office.
5. And be it further enaBed, That if it fhould fo happen that any of the counties vacanctei,
{hall not eleft, take bond and qualify the Colleftors and receivers of tax returns pur-
fuant to this a6f, that then and in that cafe, his excellency the governor fhall appoint
a receiver of tax returns and colleftor of taxes, and iffue a commiflion direfted to
the juftices of the inferior court of the county where fuch negleft or default may
happen, to take bond and qualify the parties or perfons fo elefted,
5 3°
TAX.
ceivcr?afndcoi. 6. And be it further cnaiied, That the duties of the faid receivers and colleftorfc.
same as pointed (liall feverally be the fame as pointed out for receivers and colleftors in and by the
SforVw^* "Aft to raife a tax for the fupport of government for the year one thoufand feven
hundred and ninety-fevenand the regulations, reflriftions, claufes and provifees,
as well for the government and rule of fuch colleftors and receivers, as for the go-
vernment and rule of all perfons as are liable to pay tax, either for giving in returns
or payment of taxes, or for the time and mode for fo doing fhall be the fame for
carrying this law into execution, as is therein contained, for the regulations and re-
(Iriftions under which that law is declared to-operate.
a'i of the said 7. And be itfurther enailed, That for the purpofe of carrying the intent and
mean*n§ °f ^ie foregoing claufe more fully into execution, that every part of the
force. before recited " Aft to raife a tax for the fupport of government for the year one
thoufand feven hundred and ninety-feven," not militating with this aft, fhall be held,
deemed, and confidered as of full force and effeft.
persons not 8. And be it further enailed, That the receiver of tax returns fhall within thirty days
iiijiKinjr re- */ • * j
'"dcluwetax a^ter publifhing the names of defaulters, proceed to, and affefs all fuch defaulters in
a fum equal, according to the belt of his opinion to the full amount of the tax of fuch
defaulter or defaulters, which faid affeffment fhall be held and deemed good
againfl fuch defaulter or defaulters, for double the amount of the faid affeffment in
manner pointed out by the faid aft of one thoufand feven-hundred and ninety-feven, for
proceeding againfl defaulters : Provided, That if any defaulter or defaulters fo affef.
fed, fhall at any time before the colleftor fhall levy for the fame, make return upon
oath before the receiver of his or her taxable property, the faid affeffment fhall be con-
fidcred void, and the colleftor (hall confider the return as the proper charge
againfl faid defaulter.
"faiitr«sturefn 9* ^n^ ^e ^ fur^ier enabled, That at the meeting of every General Affembly
tiU state-hou® hereafter, it fhall be the duty of the treafurer to make out an account of the ar-
at the meeting , " J■
AfslemuyfnTc-reara§es all colleftors of taxes, and holders of public monies; and to poft it up-
ar'i« the flate-houfe for the information of the members.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives„
ROBERT WALTON, Prcfdent of the Senate.
Affented to Februarv 13, 1799.
JAMES JACKSON, Governor.
An ail to raife a tax for the fupport of governmentfor the year one thoufand eight hum-
dred.
Iands°granted ^ f T ENACTED by the Senate and Houfe of Reprefentatives of the fate of
or surveyed. JLJ Georgia, in General Affembly met, and it is hereby enailed by the authority
thereof, That a tax of thirty-five cents for every hundred dollars value on all lands
within this flate, granted to or furveyed for any perfon, as fuch lands fhall be efli-
Ayhe/ouow- mated at, fhall be levied on the fame, in the following mode, to wit:
All tide fwamp, (cultivated or uncultivated) including iflands, of the firfl quality, at
ten dollars thirty-nine cents per acre; of the fecond quality, at fix dollars forty-
three cents per acre ; and of the third quality, at one dollar feventy-feven cents per
acre.
All pine lands adjoining fuch tide fwamp lands or contiguous thereto, and within
three miles of water-carriage, at one dollar fixty-one cents per acre : all prime in-
land fwamps (cultivated or uncultivated) of the firfl quality, at an average of feven
TAX. 531
dollars feventeen cents per acre; of the fecond quality, at three dollars nincty-fevett
cents per acre; of the third quality, at one dollar fixty-two cents per acre.,
All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre.
All fait marih, at forty-three cents per acre.
All high river fwamp and low grounds, (cultivated or uncultivated) including iflands,
including fuch as are commonly called fecond, low grounds, lying above Abercorn
Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firft quality, at five dollars thirty-fix cents per acre; of the fecond quality, at three
dollars twenty.two cents per acre; and of the third quality, at one dyllar and fixty-
one cents per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft quality, at eight dollars three cents per acre;
- of the fecond quality, at five dollars and thirty-fix cents per acre; and of the
third quality, at two dollars thirty-five cents per acre.
All high river fwamp as aforefaid, lying from the mouth of Rae's Creekto the mouth of
Broad River, on Savannah River, of the firft quality, at four dollars eight-
een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre;
and of the third quality, at feventy-five cents per acre.
AH oak and hickory lands (cultivated or uncultivated) including iflands, from the
mouth of Rae's £reek to the mouth of Broad River, and within one mile of Sa-
vannah River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
AH oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, up the Savannah River, and within one mile of the fame,
and up Tugalo River to the marked line on the faid ftream, of the firft quali-
ty, at one dollar and eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
AH oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quali-
ty, at one dollar eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from Fort Argyle to the mouth of Buck-head Creek oa Ogechee River; of the
firft quality, at two dollars three cents per acre; of the fecond quality, at one dol-
lar eighteen cents per acre; and of the third quality, at forty-three cents per acre.
AH oak and hickory lands as aforefaid, from the mouth of Buck-head Creekto the head
of Ogecbee River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty
three cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head of Ogechee River, of the firft
quality at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five
cents per acre; and of the third quality, at forty-three cents per acre.
AH high river fwamp (cultivated or uncultivated) including iflands, from Cathead, on
the river Alatamaha, to the mouth of the Oconee River, of the firft quality, at two
dollars thirty-five cents per acre; of the fecond quality, at one dollar eighteen
cents per acre; and of the third quality, at forty-three cents per acre.
. 1
532'
TAX.
All high river fwamp or low grounds as aforefaid, from the mouth of the Oconee
River, along the northern ftream on the north fide of the Indian temporary line,
to the confluence of the Appalachee or fouth fork, of the firft quality,
at three dollars twenty-two cents per acre; of the fecond quality, at one dollar fix-
ty-one cents per acre; of the third quality at forty-three cents per acre.
All river fwamp as aforefaid, from the confluence of Oconee and Appalachee Rivers
upwards, on the north fide of the Indian temporary line, of the firft quality, at
two dollars fifteen cents per acre; of the fecond quality, at one dollar and thirty
cents per acre; and of the third quality at feventy-five cents per acre.
All other oak and hickory lands throughout this ftate, of the firft quality, at one dollar
and eighteen cents per acre; of the fecond quality, at fixty-eight cents per acre ;
and of the third quality at thirty-four cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the flow-
ing of the tide on all rivers from Cathead, on the river Alatamaha, to the river St.
Mary's, inclufive, to the marked line aforefaid, of the firft quality, at feventy-five
cents per acre; of the fecond quality, at forty-three cents per acre; and of the third
. quality, at twenty-one cents per acre. >
All lands on the fea iflands or lying on or contiguous to the feafhore, ufually culti-
vated or capable of cultivation in corn, indigo or cotton, of the firft quality, at
four dollars eighty-one cents'per acre; of the fecond quality, at two dollars and
thirty-five cents per acre; and of the third quality, at one dollar eighteen cents
per acre.
All other pine lands throughout the ftate, at twenty-one cents per acre,
foil tax ■ 2. And be it further enaEted, That the fum of thirty-one and one fourth cents-
fhall be levied on all free male white perfons from the age of twenty-one years and'
upwards in this ftate; and the fum of thirty-one and a quarter cents on all negroes
axo saves. other flaves whatever, under the age of fixty years within the limits of the fame;
and the fum of thirty-one and a quarter cents for every hundred dollars value of
on lots, &c. 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 fame, the fum-
©nfreenegroes. of thirty-one and a quarter cents upon all male free negroes, mulattoes and mufti-
zoes from the age of twenty-one years and upwards, over and above the taxable
property they may be pofleffed of; and the fum of thirty-one and a quarter cents
onstockin fhall be levied for every hundred dollars value of all perfon's ftockin trade, (hop-
keepers and others, and to be computed at prime coft, and the return to be made on
oath, that the ftockin trade fo returned is the higheft eftimation of the ftock in fuch
perfon's poffeflion, at any time not exceeding three months, preceding the time ap-
pointed by this law for fuch ftock in trade to be eftimated and returned; the fum of
on carriages. one dollar on a^ four-wheeled carriages (waggons excepted) and the fum of fifty
cents on all two-wheeled carriages (carts and drays excepted;) the fum of four dol-
on physicians, ]ars 0I1 aq praditioners of law and phyfic and the fum of one hundred dollars on all
£e?£.rdu' billiard tables; and the fum of five hundred dollars on all E O tables or other
inftrument of the like conftrudion for the purpofe of gambling : And whenever it fhall
fo happen that the perfon or perfons owning or holding fuch table in poffeflion, re-
fufe legally to return the faid table or tables, or after returning the fame; fhall neg-
left or refufe to pay the tax thereon, when thereunto required, it fhall be, and is
.hereby made the duty of the colledor of tax, to levy on the faid table or tables or
inftrument, and expofe the fame to public fale, after giving fuch notice as is required
for the fale ofperfonal property ; and fhould. the faid table or tables after being fet up
TAX.
533
for fale, not fell for the full tax due on the faid table or tables, that then all the proper-
ty of the owner or owners, fhall be liable for the taxes aforefaid ; and further the per-
fon or perfons owning fuch . table or tables, is hereby made liable to return and pay
the like tax in every county in this ftate wherever he, fhe or they may carry the
fame : That the tax on E O, and billiard tables may be levied and colle&ed at any
time after the paffing. of this a£1; wherever fuch tables may be found : and every tax
collector is - hereby required to proceed immediately againft perfons keeping fuch ta-
bles as is directed in cafes of non-payment of taxes on other property ; and the fum
of four dollars on all factors and brokers, and on all wares, liquors, and merchandize, Ol5r0kcrSf
fold, bargained or trafficked for by fuch factors and brokers ; and the fum of eighteen &c
and three quarter cents on every hundred dollars by them fo fold or difpofed of, to be
given in upon oath; and the fum of fifty cents on every hundred dollars of the fund-
ed flock of the United States, to be given in by the holders thereof in like manner as °£c£mdcd
flock in trade: Provided neverthelefs, That in all cafes of extreme indigence or in-Proviso.
firmity, the inferior court of each county fhall be, and they are hereby authorized
to remit the poll tax upon fuch indigent or infirm perfon claiming the fame.
3. And be it further enabled, That there fhall be a receiver for each county through - one receiver to
out this ftate, and that the mode of taking the returns fhall be as follows: The re-
ceiver of tax returns in each county fhall give notice to each captain's diftrifl within
the'county, by adverciling in the moll public place of each diftrifl, the day and place
he will attend to receive the returns of taxable property therefor ; and which notice
fhall be given at leafl ten days previous thereto; each receiver Ihall likewife attend,
previous to making his return of defaulters, three different days in each diftrift for
that purpofe, which days fhall not be withinfieven days of each other; and the com-
manding officer in each company fhall give to the receiver fo attending, a lift of the ja*ofdefcui-
inhabitants liable to pay taxes in his diftrifl, on oath or affirmation, to the bed of his
knowledge and information, under the penalty of thirty dollars in cafe of failure, to
be recovered before anyjuflice of the peace within the county, one half to the perfon
filing for the fame, the other for the ufe of the poor of fuch county. And it fhall
be the duty of the receiver«©f returns, at all times upon perfonal application, to re-
ceive the returns not given at the time and place fpecially notified, and at any time
before he makes a digell of the whole returns; and he Ihall, previous to the entering
on the_execution of his duty, take and fubfcribe the following oath or affirmation,
to wit, " I, A. B. do folemnly fwear (or affirm) that I will truly and faithfully perform Receives oaiii
all the duties of receiver of returns of taxable property in the county to which I am
appointed, as required of me by this aft, and will not receive any return but upon
oath."
4. And be it further enabled, That all and every perfon liable to pay tax {hall give Returns oftax.
in a lift of his, her or their landed property, as well as a lift of every fuch perfon or to hekiiu'e on>
perfons as he, fhe or they may be attorney or attornies, executor or executors, ad-oad1'
miniftrator or adminiftrators of, defcribing as near as can be from the plats, deeds,
or other documents, the particular fituation of fuch lands, what particular water
courfe on, and what lands it adjoins, for whom furveyed, or to whom granted; and
the receiver of fuch returns fhall make a general digeft and return of the whole of the
taxabies received as aforefaid, and alfo of the taxable property of non-refidents and
defaulters within his county, and ihall tranfmit three copies, one to the colleflor of
the county, one to the inferior court, and one to the treafurer; and* that the faid tax
receivers do deliver the aforefaid three copies, to wit, to the colletlor and clerk of
the inferior court, on or before the fifteenth day of July next; and to the treafurer,
534
TAX.
on or before the fn ft day of Auguft next, under the penalty of one tboufand dollars
for each offence, including therein his own taxable property; and ffiall publifli within
one month thereafter, in the gazette, the names of defaulters, under the penalty of
Keceiwr'»f«i. two hundred dollars; and the receivers ffiall receive two and one half per centum on
the tax arifing from all property returned, and fix and one quarter cents on each re-
turn of a poll without property; and it fhall be his duty to tranfmit to the treasurer,
the clerk of the inferior court, and the colleftor of taxes, each a copy of fuch di-
geft. And that the faid feveral receivers to be appointed by this aft fhall be paid by
the colleftors in their refpeftive counties the fums which fhall become due them for
provis# their fervices, as allowed by this aft: Provided 9 That no receiver fhall be allowed, or
paid by the colleftors, before fuch receiver fhall produce a certificate from under the
hand of the clerk of the inferior court of fuch county that fuch receiver is entitled
to fuch fum for his fervices, agreeably to this aft; which certificate fuch clerks are
hereby on application direfted to give; and every colleftor ffitPH be allowed credits
for fuch payments in his feitlement with the treafurer, who is hereby required to tranfi
The treasurer mit an alphabetical digeft (from the feveral general returns in his office) of all the
shall make a r O V. i , • • p , i ■ r ■ r
general digest, lands and other property returned as lying in eacn county, to the inferior courts or
the refpebl ive counties, to be examined and compared with the returns of fuch county,
ins fees there- for which duty the treafurer fhall be entitled to five dollars for each digeft fo tranf-
f"' mitted, for which fums his excellency the governor is authorized to draw a warrant
on the treafury, on the treafurer's producing and depofiting a depofition in the exe-
cutive office a receipt for fuch digeft from the clerk of the inferior court of the
county. In cafe the treafurer fhall fail or negleft to tranfmit fuch alphabetical digeft
on or before the laft day of each year, he fhall forfeit and pay the fum of fifty dol-
lars for each digeft not tranfmitted, to be recovered by the juftices of the inferior
court, in any court having cognizance thereof, and applied to the ufe of fuch county.
STsduty And it fhall be the duty of each tax receiver to examine the alphabetical digeft fo
tranfmitted by the treafurer, and report upon oath all the lands and other property
within his diftrift not returned as aforefaid, and the quality of fuch land to the beft
of his knowledge and information, to the colleftor of fflch county ; and it fhall be
the duty of fuch colleftor to collect the taxes due thereon, in the fame manner as if
fuch property had been returned under this aft, and fhall be accountable for the fame
to the treafurer.
Receivers and 5* ^ further enafted, That the receivers and colleftors of tax for the re-
^JnSoc" fpeftive counties, fhall be refponfible to the executive department, and to be amenable
die governor. to fuch rules in condufting the duties of their refpeftive officers, as the executive
may think neceffary and proper. The colleftors of the refpeftive coynties, before
they enter on the duties of their office, fhall give bond, with fufficient fecurity as fob
J0.eitndaniiul°ws: For the county of Chatham, in the fu.m of twenty tboufand dollars; for the
security. county of Camden in the fum of four thoufand dollars; for the county of Glynn,
in the fum of two thoufand dollars; for the county of MTntoffi, in the fum of five
thoufand dollars; for the county of JLjbcrty in the fum of five thoufand dollars; for
the county of Bryan, in the fum of three thoufand dollars; forthe county of Effing-
ham, in the film of two thoufand dollars; for the county of Scriven, in the fum of
two thoufand dollars; for the county of Burke, in the fum of five thoufand dollars;
for the county of Montgomery, in the fum of two thoufand dollars; for the county
of Wafhington, in the fum of four thoufand dollars; for the county of Hancock,
in the fum of eight thoufand dollars; for the county of Greene, in the fum of fiye
thoufand dollars; for the county of Richmond, in the fum of eight thoufand dol-
TAX.
535
lars; for the county of Columbia, in the fum of fix thoufand dollars; for the coun-
ty of Wilkes, in the fum of eight thoufand dollars; for the county of Oglethorpe,
in the fum of eight thoufand dollars; for the county of Warren, in the fum of four
thoufand dollars; for the county of Elbert in the fum of five thoufand dollars; for
the county of Franklin, in the fum of four thoufand dollars; for the county of
Jackfon, in the fum of three thoufand dollars; for the county of Bullock, in the
fum of two thoufand dollars; for the county of Lincoln, in the fum of three thou-
fand dollars; and for the county of Jefferfon, in the fum of three thoufand doi-
lars; and fhall alio take and fubfcribe the following oath or affirmation, to wit:
441, A. B. appointed colleQor of tax for the county of , do folemnly fv/ear Their oath.
that I will faithfully difcharge the duty required of me by law;" and in cafe of
death, refufal or negleft of any colle&or, to enter into fuch bond or take fuch oath, Vacancies.
then his excellency the governor is hereby authorized and required to appoint fome
other perfon willing to accept the fame on the qualification aforefaid: who fhall at-
tend in each diftrift of the county to receive fuch tax, and fhall previoufly give at
leaff ten days' notice thereof, and fhall attend at leaft two days in each captain's dif-
trift, and not within ten days of each other; and if he fhall prefume to execute the
faid office without the qualification aforefaid, he fhall forfeit double the fum for each
perfon's tax he fhall receive, to be recovered by any perfon who fhall inform and
profecute for the fame in any court or tribunal, having cognizance of debts to that
amount.
6. And be it further enabled, That the governor for the time being fhall take bond Governor to
and fecurity of the colleflors of each county refpeflively in conformity to this a£f, coiieaTs.5*
for the due performance of all the duties required of them; and fhall tranfmit a de-
dimus to the juftices of the inferior court of the feveral counties, or any two of them,
to receive and caufe to be executed fuch bond with two or more fecurities, to be ap-
proved of by fuch juftices; which bond fhall be forthwith tranfmitted by them to the
treafury office.
7. And be it further enabled, That all perfons whatfoever who are poffefled of any Tax, when ana
lands granted to, or furveyed for them, or for any other perfon or perfons, or ofhowtobepaid*
flaves, either in their own right or of any other perfon or perfons whatever, or are
liable to pay other tax by virtue of this a£l, fhall, on or before the firft day of May
next, render a particular account thereof on oath in writing, fetting forth in what
county fuch lands and flaves are, to the beft of his, her or their knowledge, to the
receiver of the county wherein fuch perfon refides, at fuch time and place as the re-
ceiver of the county fhall appoint for the doing thereof, fo that the fame be done on
or before the firft day of May aforefaid ; which oath or affirmation fhall be in the
words following, viz. 44 I, —■— do fwear or affirm (as the cafe may be) that the ac-oathtobeta-
count which I now give in, is a juft and true account of all the taxable property mTking'rc-*'15
which I was poffefled of, held or claimed on the firft day of January laft, or was in- mn>"
terefted in or entitled unto, either in my own right, or in right of any other perfon
or perfons whatfoever, as parent, guardian, executor, adminiftrator, agent or truf-
tee, or in any other manner whatever, according to the beft of my knowledge, in-
formation and belief, and that I will give a juft and true anfwer to all lawful quef-
tions that may be afked me touching the fame; and all this I declare without any
equivocation or mental refervation whatever. So help me God." Which oath or
affirmation the receivers of tax returns for tho feveral counties are hereby refpectively
.authorized and required to adminifter gratis.
53<5
TAX.
PcrcHy for > 8. And be it further enaUed^ That if any perfon or perfons fhall neglect or. refute
i«!or^vin|'iu to give in a return of his, her or their taxable property, or fhall be convicted of
.ifalse return. yraucj or ma]ang a faIfc return thereof, he flie or they fhall be liable to pay to the
clerk of the inferior court of the county a fine of ten dollars for every hundred dol-
lars' valuation fu neglected or concealed, one half whereof to the ufeof the county un-
der the direction of the inferior court,- and the other half to the ufe of the informer or
informers; to be recovered in any court having cognizance of the fame.
Atiomtes, tru». 9' be it further enacted, That all attornics or tru flees of, or for any perfon or
mlkc^cturns perfons living without the limits of this flate, fhall make true returns as aforefaid in
cutK5rtax the diftrict wherein fuch attorney or truftee refides, all that fuch attorney or attor-
ownestat«. n-e^ triIqee or truftees fhall be liable to pay the tax to become due by this act, or
which may be due by any former tax act or acts, for fuch land or lands, flave or
slaves, out of his or their own proper eftate, notwithftanding fuch attorney or attor-
nies, tru ilea or truftees, may renounce or difclaim acting as fuch before the faicl tax-'
es are levied, unlets fuch attorney or attornies, truftee or truftees, fhall make oath
^renounce before the receiver aforefaid, that he or they bath or have renounced fuch tru ft or at-
oath U!> torneyfnip, before the payment of fuch tax became due, without having done it on-
rrovtso. ty Vs'd1 deiign tp avoid the payment thereof : Provided always, That if fuch at?
torney or attornies, truftee or truftees, fhall within one year next after making fuch.
oath again become attorney or attornies, truftee or truftees, or act as fuch, he or they
fhall be liable to pay the laid tax herein diredled, any thing herein cpntained to the con?
trary notwithftanding ; and for levying whereof the fame remedy fhall be and is here-
by given as for levying the tax to become due by virtue of this act, on the proper ef?
fate or eftates of fuch attorney or attornies, truftee or truftees, or other perfon or
perfons adling as fuch,
of 10, ^^ it further, enabled by the authority aforefaid, That in cafe any land pr
other taxable property fhall be found by the receivers to belong to any perfon or per-
bepocccdcd fons, refiding without the limits of this ftate, aud who have no attorney or attornies,
truftee or truftees, legally conftituted in this ftate, qr which have not been returned tp
any receiver appointed to the county where fuch lands are, then and in fuch cafe, the
receivers fhall be and they are hereby authorized and required to charge fuch lands
cow to It* ad- and other property for the payment of the tax impofed thereon, and alfo for all tax-
vcrt-icdorioid. es due thereon by any former tax a£l; and forthwith once in every month, to pub-
lifh and give notice of every fuch charge or afleflment in the gazette : And in cafeof
non-payment of fuch taxes within fix months, the faid lands and other property fhall
be thereafter liable to double tax, and to be proceeded againft by attachment in a
fummary way by the colleQor in the manner of diftrefs and fale, and to make titles
to the perfon or perfons purchafing the fame, and to pay the money, lawful charges only
proviso. to be deduced into the treafury : Provided, The owner or owners, his or her agent or
attorney, fhall not within twelvemonths after fuch fale, apply for the furplus: And it
fliall be the duty of every tax collector, and he is hereby required on the day on which
he fhall come to a final fettlement with the treafurer ; or on the day on which he is re-
quired by law to clofe his accounts, to make a return on oath which "fhall be certified
and vouched for by at leaft two juftices of the peace for the county, of all lands fold
by him for theb taxes, fpecially fetting forth the tax for which it w7as fold, the
wSfiS' Prlce it fold for, and the purchafer or purchafers, And in cafe of failure, fuch"col-
Silhthetrea- lefitor and his fecurities fhall be fubjeft to a penalty of two thaufand dollars, to be re-
;virer- covered in any court having cognizance thereof, to the ufe of the profecutor, and fhaft
alfo be fubjetl to an aClion at law for damages by any perfon aggrieved thereby.
'T A5t» 537
1 i. And be it further enacted. That all perfons whatfoeVer who are pofteffed ofRwSbeu*-'
any lands or flaves in-this ftate, in his or their own right, or in the right of any otherleckd
perfon, or any w(^s liable to pay tax by virtue of this or any other aCl, fhall pay in
their taxes to the colleCfor that may be appointed to receive the fame, in the manner
herein after direfted, on or before the firft day of February, in the year one thou-
Land eight hundred and one, the refpeftive collectors' receipts fhall be held and taken
as fatisfaCiory; jind if on the faid firft day of February any perfon or perfons fhall be
in default, the colle&or of the county where fuch default fhall happen, fhall imme^
diately proceed againf^ fuch defaulters by diftrefs and fale (after due notice given of
•fuch lale, which in no cafe fhall be lets than twenty days' advertifement in one of
the public gazettes of this ftate, and hating the amount of the affeffment levied or
tax due by fuch perfon or perfons) of goods and chattels, if any to be found, oth-
•erwife of the lands of fuch defaulter or defaulters, or fo much thereof as will pay the*°ld- "
amount of taxes due with cofts; but no fale of lands fhall be made or be valid, Landn0tto
unlefs two months' notice thereof be given by advertifement in one of the gazettes
of this hate, which (hall regularly be pubiifhed until the day of fale; and in all fuch tlieii only s»
cafes to make titles to the purchafersof the property fold as aforefaid. And the faid
collectors refpeClively fhall, on or before the firft day of June, in the year of our
Lord one thoufand eight hundred and one, clofe their accounts and deliver the fame
to the treasurer for the time being, and after deducting five per centum on all fuch
taxes as they fhall receive, pay the remainder to the faid treafurer. And the tax col-
leCtors fhall at all fales of lands for taxes, firft offer fuch part of fuch lands for fale
as may reafonably be expe&ed to produce the amount of tax due, by the owner
thereof; and if he fhall not have a bid for fuch part of faid lands, he may then offer
a larger quantity, until he can produce bids to the amount of the tax due; and that
no fale of lands heretofore or hereafter made by tax collectors of mote than one
traQ: or grant, belonging to or fold as the property of one perfon, or one company
•or fociety of perfons, where fuch traCls firft fold fhall have produced or amounted to
the taxes due by fuch perfon, or on all the lands returned or reprefented as the pro-
perty of fuch perfon or perfons, fhall be deemed or confidered v^alid, but fuch fales
are hereby declared to be null and void.
12. And be it jurther enabled, That when any of the faid receivers of returns or col- doum* tax o»
leCtors of taxes, fhall or may difcover that any land or flaves or other taxable pro- «t»rne&
perty, hath not been returned as in this a& pointed out, he or they fhall fummon three
freeholders^ refidents of the diftriCt where fuch land may lie or property be, to afcer-
tain the quality of fuch land, and double the tax thereon ; for which amount the col-
leCtor is hereby empowered and required to levy, fell and convey in the manner herein
already mentioned. Provided always neverthelefs, That ail lands or other property pro,is«.
vefted in commiflioners or truftees, for public ufes, fhall not come within the purview
of this aft. And provided alfo, That no fale which fhall be made under this aCl of Pr0V!.S0
the property of orphans (having no guardian or truftee,) fir all have any effect. -orphan*
13. And whereas it has happened, and may frequently happen, that between the day
of receiving the return, and the day appointed for the payment of the faid tax, many
perfons have left the didriCl in which they refided, and have been returned by the
■collectors as defaulters, who had no property upon which the colleCiors could levy and
diftrain : Be it therefore enabled by the authority aforefaid, That the colledor in any ^ _
county fhall be obliged to lay before the grand jury of each county^ a lift of fuch in- 4
a y
538
TAX.
folvents as may be in fuch county or counties on oath, who fhall allow or difallow the
fame.
tms tax prefer- 14* And be it further enabled, That the taxes impofed by this a B, fhall be prefer-
eornbrances." red to all fecurities and encumbrances'whatever: and that in cafe any perfon or per-
fons coming under the notice of this aft, fhall die between the time of giving in his,
her or their returns to the receivers refpeBively, and the paying of his, her or their
taxes, and any goods or chattels of the deceafed to the value of the fum taxed, fhall
come into the hands of his, her or their executors or adminiftrators, or executors in
their own wrong, fuch executors or adminiftrators fhall pay the fame by the time be-
fore limited, prior to all judgments, mortgages or debts whatfoever, otherwife a war-
rant of execution fhall iffue againft the proper goods and chattels of fuch executor or
adminiftrator; and if any perfon or perfons between the time of rendering the account
of his, her or their eftate to the receiver aforefaid, and the time of his, her or their pay-
Persons about ing in the faid tax, fhall be about to depart the county in which he, fhe or they may
«°oLent7.thc have immediately then preceding refided; the faid colleBor or collectors is and they
are hereby direBed and required, forthwith to levy the fame, notwitbftanding the
day of payment may not then have arrived, unlefs fuch perfon or perfons fhall and
do find fecurities to be approved of by the faid colleBor or colleBors refpeBively for
the payment thereof, at the day herein appointed.
15m And it further enaEled, That all deeds of gift, conveyances, mortgages,
thu tax-voia. jvqes anc[ aflignments of goods, lands, tenements and chattels of any kind of any
perfons whatfoever, made with an intention to avoid paying the aforefaid tax, are
Mortgage. hereby declared null and void; and in cafe any perfon who has mortgaged his eftate,
real or perfonal, fhall refufe or negleB to pay the tax of the fame, the mortgagee
Proviso. fhall pay the fame. Provided, That no fale for taxes under this aB, fhall tend to af-
feB the ftate title to any property mortgaged or fecured thereto.
Executionsa- And ^ further enabled, That the treafurer for the time being, be and he is
fewn?01" hereby empowered and required to grant executions againft all former colleBors
of taxes who are or may be defaulters immediately after the pafling of this aB;.
and he is hereby required and direBed to proceed and prepare the form of a general
return to be made by the refpeBive receivers of tax returns, to be approved of by
the governor, and tranfmitted by the treafurer, without delay to the aforefaid of-
ficers.
property with- 17, And 1 e it further ena Bed, That where the colleBor of the county finds no
out the county ' J 7 r • r 1 ' it
»ay be sold for property real or perfonal therein of perfons in arrears, to iatisfy the taxes due by
virtue of this or any former tax aB, fuch colleBor is hereby authorized and empow-
ered to fell fo much of the property of the perfon negleBing to pay as aforefaid, as
may be fituate in any other county or counties as will fatisfy the faid tax and arrears
of tax as aforefaid, without further notice than his giving twenty days' previous publi-
electors' city of faid fale by advertifement in one of the gazettes of this ftate ; and the coliec-
compensate*. tors be allowed fifty cents for each execution levied, and five per centum on the
amount of fuch execution.
18. -And be it further enaHed, That every perfon or perfons refufing or negleBing
Tt • to give in a lift of his, her or their taxable property agreeably to the direBions of this
aB, fnall forfeit and pay for every fuch negleB, the fum of one dollar for every free
male above the age of twenty-one years, and the fum of one dollar for every negro; the
fum of eighty cents on every hundred dollars value of every lot, wharf or other lands
not herein enumerated, and on all buildings within the limits of any town, village or
borough within the fame, to be paid by the mafter oj: owner thereof, and to be re-
TAX.
539.
covered by bill, plaint or information before $ny court having cognizance thereof; the
one half thereof to go the informer, and the other half to theufeof the county, where
fuch informatiopis made; except where the profecution is carried on by prefentment,
and in that cafeThe whole (hall be applied to the ufe of the county : Provided, ThatPrd,ija.
fuch information or prefentment be made within twelve months after fuch neglect or
default.
19. And zvhtreas divers perfons non-refidents of this ftate, import large quantities
of goods, vfares and merchandize ; and evade the payment of taxes by not being in
the ftate at the time ufually prefcribed for making returns for taxes, for remedy ; Be
it enaBed, That any non-refident who fhall expofe to fale any goods in this ftate, Taxes the sale
fhall on his arrival, or in feven days after entering the fame, make return on oath, to bylftii-resi-
the receiver of taxable returns, and give fecurity to the tax collector to pay the fame^*'
On or before the time prefcribed for paying taxes by this act: Provided, That fuch
goods fhall not be liable to pay the tax when they may be exported, or placed in the
hands of a vendue matter to be actually difpofed of, by him or them; and on failing
to comply as aforefaid, it fhall and may be lawful for the tax collector to proceed a-
gainft him or them in like manner as againft perfgns about to remove out of the county.
20. And be it further enaBed, That it fhall be the duty of the judges of the fuperior Grandees <«
courts, at their next term after the returns of the receivers of taxable property ftialltcn?nt
have been made agreeably to this aft, to give it in charge to the grand juries of the fe-
veral counties, that they do prefent all fuch perfons as may be defaulters under this
aft: Provided neverthelefs, That where any perfon or perfons who may be a defaulter,
fhall before any information or prefentment be made againft him or them, go to the
clerk- of the fuperior court of his county, and give in a lift of his property upon oath,
in the fame manner as ought to have been given in to the receiver, fuch perfon or
perfons fhall be exonerated from the pains and penalties of this aft; and each perfon
fhall pay to fuch clerk for taking fuch lift, the fum of fifty cents; and every fuch
clerk fhall return tg the collector of his county on or before the fir ft day of Decern-
ber one thgufand eight hundred, a true lift of fuch property, and alfo tranfmit to the
treafurera return thereof, on or before the firft day of February following.
21. And be it further enaBed, That the tax impoled by this aft fhall be collefted raxte-hcpan.
in fpecie, bank bills of the United States, or of the different branches thereof, g0_ins?ecic-
vernor, preftdent and fpeaker's warrants, and in nothing elfe; and no replevin fhall n« replevin,
lie, or any judicial interference be had in any levy or diftrain for taxes under this
law, but the party injured be left to his own proper remedy in a court gf Jaw.
22. And be it enaBed by the authority aforefaid, That any receiver making a falfe^ivehfoVaU
return, expreffive of more or other than is to him given in, fhall forfeit and pay to the few*re~
party aggrieved a fum equal to double the amount of the tax on the property fo il-
legally returned; and any collector demanding any other or more tax than by this
aft is impofed, according to the refpeftive returns, fhall forfeit and pay to the party
aggrieved for every fuch offence fourfold on the fum fo unlawfully received, to be
recovered before any jurifdiction having cognizance thereof. And it fhall be the
duty of the fheriffs of the refpective counties to execute all executions and other
procefs iftued by the treafurer againft officers appointed by this act, under and by
virtue of the fame.
£3. And be it further enaBed, That in cafe any collector of taxes for any county Bxccuti0>jte
in this ftate fhall not fettle his accounts with the treafurer, and pay in the amount eft Staio??*1
his colleQion by the time pointed out by this aft, the treafurer fhall publifh, in one
of the gazettes of this ftate, a notification, requiring all and lingular the tax collcc-
........... ;
TAX,
tors who may be in arrears to come forward ami fettle their accounts.; and pay the
balance they may refpettively owe into the treafury, within tTso months fiom the
date of fiich notification, which fhall be regularly publifhed fix weeks fuccefiivcly,
Hating the fums due by each colleftor, their names and fecurities; and in cafe of
failure to make fettlement and pa}r in the monies as aforefaid, the treafuicr is auiho-
rized and directed to iff le his execution againft every colleftor in default, direfted to
all and fingular the fheriffs of this ftate, and tranfmitted to the fhcriff of the county
for which the collector is appointed, who is required to levy the fame immediately,
if any property of the defendants in theTounty, if not, to tranfmit the fame to any
other county where the defendants, or either of them, may have property; and the
fheriff of fuch other county is in like manner to levy the fame: and no execution
iffued by the treafurer in manner herein prefcribed, lhall be flayed by reafon of the
death of the faid colleHor or his fecurities, as to the fum due, or the legality of the
execution.
"SStaX?* 24* ^e ** farther enabled, That the collectors of the feveral counties fhali, be-
buit. fore they receive the taxes from defaulters in their refpeBive counties, afcertain and
enter in a book to be kept for that purpofe, the taxable property in default, and the
amount of taxes due by fuch defaulters; an exaB copy of which book or digeft they
fhall tranfmit to the treafurer, and another copy fhall lodge with the receivers of taxes
of the faid county, who fhall add the fame to his digeft, previous to fuch colleBors'
receiving the taxes from fuch defaulters; and in cafe any colleBor fhall attempt to
receive taxes, or any part thereof, from fuch defaulter or defaulters, before he fhall
tranfmit the aforefaid digeft to the treafurer &nd receiver as aforefaid, he fhall for-
feit double the amount fo received, to be recovered by execution to be iffued by the
treafury as in cafe of default, on information thereof to the treafurer.
Clolleftoninite- 2*J. And be it further enaBcd, That all former collectors who are in default, fhall-
within fixty days after thepafling of this act, return a digeft to the treafurer, and an-
other to the receiver, of all monies received or which they may receive from default-
ers as aforefaid, in the manner pointed out, and on failure thereof fhall be fubject to
execution, and the penalties which collectors under this act are fubjected to.
Power ef the 2 6. And be it further enaBed, That where there may be a defalcation of revenue in
«er tain case*, the opinion of the executive, proceeding from fales of land in the different counties of
this ftate for want of buyers, that he be and is hereby authorized to caufe the fame to
be fold by the collectors of fuch counties at fome one of the principal cities, towns or
court-houfes within the circuit to which fuch collectors belong.
DAVID MERIWETHER, Speaker of the Houfe of Reprefenfativts.
DAVID EMANUEL, Prefident of the Senate,
Affented to December 4, 1799.
JAMES JACKSON, Governor.
TAX.
An aft to raife a tax for the fupport of goiernmentfur the yea? one ikofand eight //v?-
drcd and one.
l. TJ E IT ENACTED by the Senate and Iloufe of Reprefentaiives f thef ale of t
JLI Georgia, in General AJJ'embly met, and it is hereby enacted ly the authority
thereof That a tax of thirty-five cents for every hundred dollars value on all lands
within this {tare, granted to or furveyed for any peifon, as fuch lands lhall be efti- AtV follow-
mated at, fhallbe levied on the fame, in the following mode, to wit: ins raw.
All tide fwamp, (cultivated or uncultivated) including iflands, ot the firft qualify, at
ten dollars thirty-nine cents per acre; of the fecond qualify, at hx dollars foity-
three cents per acre; and of the third quality, at one dollar feventy-five cents per
acre.
All pine lands adjoining fuch tide fwamp lands or contiguous thereto, or within
three miles of Water-carriage, at one dollar fixty-one cents per acre ; all prime in-
land fwamp (cultivated or uncultivated) of the 'firft: quality, at an aveiage of feven
dollars feventeen cents per acre ; of the fecond quality, at three dollars ninety-feveu
cents per acre; of the third quality, at one dollar fixty-two cents per acre.
All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre.
All fait marfh, at forty-three cents per acre.
All high river fwamp and low grounds, (cultivated or uncultivated) including illands,
including fuch as are commonly called fecond low grounds, lying above Abcrcorn
Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firft quality, at five dollars thirty-fix cents per acre; of the fecond quality, at three
dollars twenty-two cents per acre; and of the third quality, at one dollar and fixty-
one cents per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as higE as the
mouth of Rae's Creek, of the firft quality, at eight dollars three cents per acre;
of the fecond quality, at five dollars and thirty-lix cents per acre; and of the'
third quality, at two dollars thirty dive cents per acre.
All high river fwamp as aforefaid, lying from the mouth of Rae's Creekto the mouth of
Broad River, on Savannah River, of the firft quality, at fout dollars eight-
een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre;
and of the third quality, at feventy-five cents per acre.
All oak and hickory lands (cultivated or uncultivated) including iflands, from the'
mouth of Rae's Creek to the mouth of Broad River, and within one mile of Sa-
vannah River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, up the Savannah River, and within one mile of the fame,
and up Tugalo River to the marked line on the faid ftream, of the firft quali-
ty, at one dollar and eighteen cents per acre; of the fecond quality, at-fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quali-
ty, at one dollar eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,-
from Fort Argyle to the mouth of Buck-head Creek on Ogechee River;, of the-
TAX.
firft.quality, at two dollars three cents per acre; of the fecond quality, at one dol
lar eighteen cents per acre; and of the third quality, at forty-three cents per acre.
All oak and hickory lands as aforefaid, from the mouth of Buck-head Creek to the head
of Ogechee River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; arid of the third quality, at forty-
three cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head of Ogechee River, of the firft
quality at one dollar fixty-pne cents per acre; of the fepond quality, at feventy-five
cents per acre; and of the third quality, at forty-three cents per apre.
All high river fwamp (cultivated or uncultivated) including iflands, from Cathead, on
the river Alatamaha, to the mouth of the Oconee River, of the firft quality, at two
dollars thirty-five cents per acre; of thp fecond quality, at one dollar eighteen
cents per acre; and of the third quality, at forty-three cents per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of the Oconee
River, along the northern ftream on the north ftde of the Indian temporary line,
to the confluence of the Oconee and Appalachee or fouth fork, of the firft quality,
at three dollars tyrenty-tvyo cents per acre; qf the fecond quality, at one dollar fix-
• ty-one cents per acre; of the third quality at forty-three cents per acre.
All river fwamp as aforefaid, from the confluence of Oconee and Appalachee Rivers
upwards, on the north fide of the Indian temporary line, of the firft quality, at
two dollars fifteen cents per acre; of the fecond quality, at one dqllar and thirty
cents per acre; and of the third quality at feventy-five cents per acre.
All other oak and hickory lands throughout this ftate, of the firft quality, at one dollar
and eighteen cents per acre; of the fecond quality, at fixty-eight cents per acre;
and of the third quality at thirty-four c.ents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the flow-
ing of the tide on all rjvers from Cathead, on the river Alatamaha, to the river St.
Mary's, inclufive, to the marked line aforefaid, of the firft quality, at feventy-five
cents per acre; of the fepond quality, at forty-three cents perapre; and of the third
quality, at twenty-one cents per acre.
All lands on thefea iflands or lying on or contiguous to the feafhore, ufually culti-
vated or capable of cultivation in cornj indigo qr cotton, of the firft quality, at
four dollars eighty-one cents per acre; of the fecond quality, at two dollars and
thirty-five cents per acre; and of the third quality, at one dollar eighteen cents
per acre.
All other pine lands throughout this ftate, at twenty-one cents per acre.
Puiitax, 2. And be it further enaBed, That the fum of thirty-one and a quarter cents
{hall be levied on all free male white perfons from the age qf twenty-one years and
i ax on slaves, upwards fti this ftate; and the fum of thirty-one and a quarter cents on all negroes
and other flaves whatever, under the age of fixty years within the limits of the fame;
and the fum of thirty-qne and a quarter cents for every hundred dollars value of
on lots, &c. every lot, wharf, or other lands not herein already enumerated; arjd on all other
buildings within the limits of any town, village or borough within the fame, the fum
on free negroes. 0f thirty-one and a quarter cents upon all male free negroes, jnulattoes and mufti-
zoes from the age of twenty-one years and upwards, over and above the taxable
property they may be pofleffed of; and the fum of thirty-one arid a quarter cents
cnstotkin Jhall be levied for every hundred dollars value of all perfon's flock in trade, fliop-
TAX. 543
I
keepers and others, and to be computed at prime coft, and the return to be made on
oath, that the (lock in trade fo returned is the higheft eftimation of the ftock in fuch
perfon's poffeflion, at any time not exceeding three months, preceding the time ap-
pointed by this law for fuch ftock in trade to be eftimated and returned ; the fum of
one dollar on all four-wheeled carriages (waggons excepted) and the fum of fifty on carriage*,
cents on all two-wheeled carriages (carts and drays excepted;) the fum of four dob
larson all practitioners of law and phyfic and the fum of one hundred dollars on S'bun"rftT*
billiard tables; and the fum of five hundred dollars on all EO tables or other we#,Eo,&«1.
inftrument of the like conftruftion for the purpofe of gambling : And whenever it fhall
fo happen that the perfon or perfons owning or holding fuch table in poffeflion, re-
fufe legally to return the faid table or tables, or after returning the fame; fhall neg-
left or refufe to pay the tax thereon, when thereunto required, it fhall be, and is
hereby made the duty of the colleftor of tax, to levy on the faid table or tables or
inftrument, and expofe the fame to public fale, after giving fuch notice as is required
for the fale of perfonal property ; and fhould the faid table or tables after being fet up
•for fale, not fell for the full tax due on the faid table or tables, that then all the proper-
ty of the owner or owners, fhall be liable for the taxes aforefaid ; and further the per-
/on or perfons owning fuch table or tables, is hereby made liable to return and pay
*the like tax in every county in this ftate wherever he, fhe or they may carry the
fame : That the tax on E O, and billiard tables may be levied and collefted at any
time after the paffing of this aft ; wherever fuch tables may be found : and every tax
colleftor is hereby required to proceed immediately againft perfons keeping fuch ta-
bles as is directed in cafes of non-payment of taxes on their property ; and the fum
of four dollars on all factors and brokers, and on all wares, liquors, and merchandize, onbroker.,
fold, bargained or trafficked for by fuch faftors and brokers; and the fum of eighteen c'
and three quarter cents on every hundred dollars by them fo fold or difpofed of, to be
given in upon oath ; and the fum of fifty cents on every hundred dollars of the fund-
ed ftock of the,United States, to be given in by the holders thereof in like manner as«Sck.Bdcd
ftock in trade: Provided neverthelefs, That in all cafes of extreme indigence or in-proviso,
firmity, the inferior court of each county fhall be, and they are hereby authorized
to remit the poll tax upon fuch indigent or infirm perfon claiming the fame.
3. And be it further enaHed, That the following fums fhall be paid on all fu its on suus.it uwi
hereafter commenced in the fuperior or inferior, or mayor's courts, where the debt
or damages fued for fhall not exceed one hundred dollars, the fum of fifty cents;
above one hundred and not exceeding three hundred, one dollar; above three hun-
dred and not exceeding five hundred dollars, one dollar and fifty cents; and on all
fums above five hundred dollars, two dollars; to be paid to the clerk by the plaintiff
before the fuit or procefs iffues, for the ufe of the ftate; which fums fhall be taxed in
the bill of cofts : And the clerks of the refpective courts of all the counties in this
ftate, are hereby required to make annual returns to the comptroller, on oath, on or
before the firft day of January in every year, of the number of fuits commenced,
and the fums received thereon ; and fhall at the fame time remit to the treafurer the
amount of fuch return, dedufting therefrom five per centum. And any clerk fail-
ing to make fuch returns, and pay or remit the monies as aforefaid, fhall on complaint
made by the treafurer to the judge or juftices or their refpeftive courts, be liable to a
writ of attachment for contempt, and fined at the difcretion of the court, and con-
tinuing in default be difmiffed from office, and fuflfer execution from the treafurer in
like manner as tax collectors.
514
TOBACCO INSPECTION.
f»7!to"tod t 4. And be it further enabled, That on the fii ft Monday in January annually, the
be isolated. juftjces 0p fa inferior courts, and the j ultices ol the peace of the relpeftive counties
of this ftate, fhall be and they are hereby authorized and required to elefl thereceiv-
er or receivers of tax returns (as the cafe may be) for the time being, and collector of
taxes in their refpeftive counties*
The tax aft 5. And be it further enabled,- That the fame rules and regulations for carrying this
|lfijn7forcebJ aft into effeft, (hall bcobferved as are laid down for carrying into effeft the tax law
*n®i4hi°taex.l"of the year one thoufand (even hundred and ninety-feven; except the returns of the
receivers of tax returns, and they fhall be returned to the comptroller general: Pro«
vided, That no fales which fhall be made under this aft of property belonging to or-
phans, fhall have any effeft.
DAVID'MERIWETHER, Speaker of the Hou/e of Reprefcntatives,
DAVID J 1ANUEL, Pref dent of the Senate,
Afiented to December 1, 1800.
JAMES JACKSON, Governor,
TOBACCO INSPECTION.
An act to regulate the inffieblion of tobacco.
SMutiSr4" i4» And whereas, it is highly improper that the fame perfon fhould be infpeflot
and vender of tobacco: Be it enabled by the authority aforefaid, That no perfon to
plantations! be appointed infpeftor of tobacco by virtue of this aft fhall be allowed to fell tobac-
co as aforefaid, unlefs the fame fhall be of the growth and manufafture of his own
plantation or plantations, and then he fhall produce a certificate figned by two or
more of the infpettors to be appointed as aforefaid of its being fo; and any perfon
who fhall fell in violation hereof, on conviftion before the fuperior court of the coun-
ty in which he fhall refide, fhall be difcharged from aft in g as infpeftor, and the faid
SnofTSsi.. court fhall proceed and appoint another in his ftead, and the perfons fo offending
p"uandds'hfine. fhall be liable to a fine not exceeding the fum of fifty pounds, which fhall be fued for
how to be re anc^ recovered m any court of record in this ftate, and paid into the public treafury
^ereaand" thereof; and the perfon or perfons making information againft fuch offender, fhall
be entitled to one half the amount of faid fine.
The former and latter parts of this aft repealed and re-ena6ted by the following a£|
of 1791.
By order of the Houfe,
WILLIAM GIBBONS, Speaker,
Augufta, t|th February, 1786.
TOBACCO INSPECTION.
541
An abt for regulating the infpeblion of tobacco.
WHEREAS it has been found by experience that the feveral laws now in force preamble,
for regulating the infpeBion of tobacco throughout this (late, are unequal
to the purpofe for which they were intended :
1. Me it therefore: enabled by the Senate and Houfe of Reprefentaiives of the fate of^^
Georgia in General Ajjembly met, That from and immediately after the paffing o 1 fof'auofie
this a£l, no perfon fhail put on board or receive into any (hip, brigantine, fchooner,
floop, bylander, boat or other veffel, in order to be exported therein, any tobac-
co which fhall not have been packed in hogfheads or calks, upon any pretence what-^
ever, before the fame fhall have been viewed and infpeBed according to the direc-
tions of this a&; that all tobacco whatever to be received or taken on board any fhip,
brigantine, fchoonerf floop, bylander or other veffel, and to be therein exported,
or to be carried and put on board any other fhip, brigantine, fchooner, floop, by-
lander or other veffel for exportation as aforefaid, fhall be received or taken on
board at the feveral warehoufes for that purpofe herein after mentioned, or fome or
one of them, and at no other place or places whatfoever: And any mafter, mate
boatfwain of any flijp or other veffel, which Aral! arrive in this ftate in order to load oatfftomL--
with tobacco during the continuance of this aft, fhall, before the faid fhip or veffel loba«6.Udinff
be permitted to.take on board any tobacco whatever, make oath before the collector
of the cuftoms of the port where fuch fhip or veffel fhall arrive, which oath the faid
colleftor is hereby empowered and required to adminifter, that they will not permit
any tobacco whatfoever to be taken on board their refpe&ive fhips or other veflels,
except .the fame be packed in hogfheads or cafks, ftamped by fome infpe&or legally
thereunto appointed, which oath they fhall fubferibe in a book to be kept for that pur-
pofe by the faid colleClor. And if any mafter fhall caufe any perfon who is not really M*itewofv«*
.and bona fde mate or boatfwain, to come on fhore and take fuch oath, he fhall for proper persons
faid offence forfeit and pay five hundred pounds; and if any commander or mafter oath to forfeit
. ,of any fhip or veffel fhall take on board, or fuffer to be taken on board the fhip or twekty%oun<u
veffel whereof he is mafter, any tobacco brought from any other place than fuchh«jwpiv«i
public place herein mentioned, or any hogfhead or cafk of tobacco not ftamped by
fuch lawful infpeBor, or fhall fuffer to be brought on board any tobacco except in
•.hogfheads or calks ftamped as aforefaid, every fuch commander "or mafter fhall for-
Xeit and pay twenty pounds for each hogfhead, one moiety thereof to the ufe of the
• informer, and the other moiety to the ufe of the ftate, to be recovered by bill, plaint
%pr information before any court of record*
2. And be it further enabled, That every mafter of a fhip or veffel wherein tobac-
co fhall be laden, fhall at the time of clearing out deliver to the collector a fair raa-j?^n^
jiifeft of all the tobacco on board his Chip or veffel, exprefting the marks and num.foulaorto'uc
bers of every hogfhead, and the tare and net weight ftamped thereon, the perfon
by whom fhipped, and from what wareboufe; and fhall make oath thereto, that the
fame is a juft and true account of the marks, numbers, tare and net weight of each
xefpeftive hogfhead,. as the fame was taken down by the perfon or perfons appointed
by hfm to take the fatne, before the faid tobacco was flowed away; and no fhip or
veffel fhafl be cleared by the colleft.or before he fhall have received fuch lift or mani-
feft, which fhall by the faid colleBor be tranfmitted to the treafurer of this ftate for
the time being.
64^
TOBACCO INSPECTION.
pulcJfr'The 3- And be it further enatfed by the authority aforefaid, That public warehoufes for
Sco?nof the infpeftion of tobacco purfuantto this aft fhall be kept at the feveral places herein
after mentioned, that is to fay, at Augufta, the three tobacco infpeftions already ef-
tablifhed, called and known by the names of Calls, Richmond and Augufta, at Hen-
ry Arrington's, on Savannah River; at New Savannah, on the lands of John Twigg;
at Yamacraw,* on the lot of Mordecai Sheftall; at Hardwick's, at the mouth of
Ogechee; at Louifville, on the land of John Shelman; at Galphinton, on the land
of*Robert Forfyth; at Georgetown, on the land of Arthur Fort; at Lexington, on
the land of Charles Statum; at the Rock Landing, on the land of John M'Kenfie;
at Mount Pelier, on the land of Charles M'Donald; in the town of Greenfboroughj
on the land of John Armour; at the town of Walhington, on the lot of -— ;
at the mouth of Broad River, on the land of John Oliver, on the land of White,
Robifon, & Co. at their iron works on Sweet Water, and at Pace's Ferry, on the
tachfojhead land of Drury Pace. And the proprietors of each warehoufe are hereby entitled to
twopenccns& demand and receive for the ftorage of each hogihead of tobacco infpefted at his
proviw. warehoufe, the fum of one (hilling and twopence ; Provided, the faid tobacco does
Andsixpence not l°nSer *n warehoufe than twelvemonths; and for every month after thfc
Sont^cr owner or proprietor of fuch tobacco fhall pay at the rate of lixpence per month,
•myear. which duty or ftorage fhall be paid to the feveral infpettors before the fame be re-
moved from the faid warehoufe, who fhall be anfwerable to the owner or proprietor
thereof for the full amount of fuch ftorage by them received,
teghmobe 4* it further enabled, That there fhall be kept at the feveral warehoufes here-
proprfc^oriT *n appointed, and all others hereafter to be appointed, a good and fufticient pair of
fcales with wTeights fufticient to weigh fifteen hundred weight at leaft, and a fet of
fmall weights, the fame that are or ought to be provided for the ftandard weights^of
each county and that the proprietors of fuch warehoufes provide the fame.
5. And be it further enaHed, That all tobacco brought to any of the public ware-
jndce>«ftke houfes fhall be viewed, infpefted, and examined by two perfons thereunto appointed
waj>pointlin. who fhall be called infpeftors, which faid infpeftors fhall be appointed in the follow-
S9*t011' ing manner, that is to fay: The judges of the inferiort courts in the feveral coun-
ties in which infpectors are appointed (except as herein after is excepted) fhall at their
county courts to be held between the firft day of May, and firft day of September in
each year nominate and appoint three fit and proper perfons for infpeftors at each of
their feveral warehoufes within their refpeftive counties, who fhall be commHfioned
by the governor, the two firft in the nomination fhall be confidered as the afting in-
fpectors for the enfuing year, and in cafe of ficknefs, death, or inability of either of
two infpe&ors the third fhall aft, and alfo on the difagreement of the faid in-
mm. fpeftors, the third fhall be called in to decide on fuch hogfhead or hogfheads of to-
bacco, and the faid judges fhall have power on complaint in writing being lodged in
the office of the clerk of the inferior court and being duly notified thereof by fuch
clerk, fuch juftices or any three of them, fhall within three days after fuch notice to
them given, fummon the infpeftor before them, firft ordering a copy of the complaint
to be ferved on him or them and within five days thereafter, fuch juftice fhall confide r
#^court mxf fuch complaint and may continue or difmifs from office him or them, as the court
fStosJcc-0"' ju(*Se j11^ J an^ courts fid up all vacancies that may happen at any of
Hr».
* Repealed by a ft of 1798, fcft. .4*
t See aft of 17981 feft. 1.
TOBACCO INSPECTION.
547
their faid courts to continue to the end of the then infpe&ion : Provided always, and
be it enatted, That the third infpe&or on the death or removal of any infpefior in thiJd shall ad.
the fame nomination fhall be confidered as infpe&or and fhall act accordingly : And^i
provided neverthelefs, That where the inferior courts fhall fail to nominate perfons g1ei£courtn#"
for infpe&ors the governor is hereby empower to make fuch appointments (except
that the firft five magiftrates on the lift for the county of Richmond not being mer- HoWtobea?-
chants fhall annually betwixt the tenth day of May and the tenth day of Auguft ^SdcStj!1"
nominate to his excellency the governor three lifts containing perfons each capable
and fit to ferve as infpeftors at the refpective warehoufes at Augufta, and the gov-
ernor fhall within ten days after the faid lifts fhall be tranfmitted to him appoint and
commiffion three fit and difcreet perfons out of each lift to ferve as infpectors at each
warehoufe at Augufta, as defcribed by this act;) and that every perfon fo appointed
infpector by virtue of this act, fhall before he enters on the execution of his office,
give bond with fecurity in the penalty of five hundred pounds payable to the gover-
nor for the time being and his fucceffors in office; conditioned for the true and faith-
ful performance of his duty according to the directions of this act, and liable to be
putin fuit upon any neglect of duty, which bond fhall be given or entered into be-
fore the inferior court, or any judge thereof, and lodged in the clerk's office of the
county.
6. And be it further enabled, That all infpectors to be appointed by virtue of this
act, fhall conftantly attend their duty at the warehoufe or warehoufes under theirthe'warcho""»-
charge from the firft day of October, till the firft day of Auguft yearly (except Sun-
days) and the holy days obferved at chriftmafs, eafter and whitfuntide, or when hin-
tiered by ficknefs, and afterwards they or one of them, fhall conftantly attend at the
fame except Sundays to deliver tobacco for exportation until all the tobacco remain-
ing there the faid firft day of Auguft be delivered, and no infpector fhall be obliged to
view any tobacco between the faid firft day of Auguft and the faid firft day of October, Howiuwefof
and every infpector neglecting to attend as aforefaid, fhall forfeit and pay to the party nc8lctt*
aggrieved five fhillings for every neglect or fhall be liable to an action to recover all
fuch damages as he or they fhall have fuftained by occafion of every fuch negleft,Theirduty-
together with his or their full cofts, at the dire&ion of fuch party. And that all per-
fons having tobacco at the public warehoufes may have equal juftice, the infpe&ors
fhall enter into a book to be kept for that purpofe, the marks and owners' names of
all tobacco brought to their refpe&ive warehoufes for infpection, as the fame fhall be
brought in, and fhall view and infpect the fame in due time as it fhall be entered in
fuch book, without favor or partiality, and uncafe and break every hogffiead or cafk
iOf tobacco brought them to be infpected as aforefaid; and if they fhall agree that
the fame is good, found, well-conditioned, merchantable, and clear of traffi, then
fuch tobacco fhall be weighed in fcales with weights of the lawful ftandard, and the
hogffiead or cafk fhall be ftamped in the prefence of the faid infpectors or one of
them, with the name of the warehoufe at which infpected, and aifo the tare of the
hogffiead or cafk, and quantity of net tobacco therein contained, and the infpectors
at fuch warehoufe fhall iffue a receipt for each hogffiead of tobacco they fhall pafs,
if required by the owner, if the fame weighs nine hundred and fifty, which receipt
fhall be in form following, to wit:
a
548
TOBACCO INSPECTION.
Formof receipt r» *
or nets. RlVtr
Warehoufe, the day of
179 Sweet fcented Stemmed
Oronoko •leaf leaf
Mark No. Grofs Tare Net Grofs Tare Net
Grofs Tare Net Received of
hogjhead of crop tobacco, marks, numbers, -weights and fpecies as per above, fo
delivered by us to the faid for exportation when demanded. Witnefs
our hands, the day of 179
suseofhogs- 7. be it further enabled, That the fize of the hogfhead or calk fball not ex-
ceed forty-nine inches in length, and thirty-one inches in the railing head, and to
Weight. weigh nine hundred and fifty pounds net at leaft.
Receipts to hC 8. And be it alfo enabled, That no infpector or infpectors (hall, under any pretence
Knafty "fnder whatever, iffue a receipt for any other than fuch as {hall be printed, in which the date
twenty pounds, inferteci at fuq length; and if any infpector or infpectors fhall prefume to if-
fue a receipt in any other manner than is hereby expreffed, he or they for fuch offenGfi
{hall forfeit and pay twenty pounds, to be recovered with cofts by any perfon who
may fue for the fame in any court within this (late having cognizance thereof; which
V{Kin d.sa^ree. receipts as aforefaid fhall be furnifhed by the proprietor of the warehoufe; but if the
"dScckFhosiHS two infpectors (hall at any time difagree concerning the quality of tobacco brought
to proceed, for their infpection to any warehoufe under their charge, they fhall, as foon as con-
veniently may be, call in an additional infpector appointed to attend fuch warehoufe,
who fhall determine and pafs or reject fuch tobacco; and if he {hall pafsthe fame,
his name fhall be entered in a book kept by the infpectors appointed, oppofite the
mark, number and weight of the hogfhead by him palfed, together with the name,
of the infpector at fuch warehoufe who fhall officiate with him: And the infpectors
at each of the warehoufes eftablifhed by this act fnall conftantly keep fo many able,
hands at their refpective warehoufes, not lefs than two, for the purpofe e.f taking
care of all tobacco brought to fuch warehoufe, and flowing it away after the fame
Hands to be fhall be infpected and {tamped; and it fhall be lawful for the infpectors to employ the
Sto»ke,c" faid hands in the yard when not otherwife fulficiently employed by this act; and no
£w"yatobac«!: infpeflor fhall, by himfelf, his fervant, or any other perfon, either directly or indirect-
lkpfck0tobac- ly, be concerned in picking any refufed tobacco (unlefs it be his own property) on any'
thereof,alty pretence whatever, under the penalty of being forever thereafter difabled from ho,Id-
ing the office of infpeflor. *
Refuse tobaceo, 9. And be it further enabled, That when any tobacco fhall be refufed by the in-
picked.1* fpetlor, the proprietor thereof fhall be at liberty to feparate the good from the bad ;
but if herefufes or neglefls to do fo within one month of fuch refufal, the infpe&-
ors fir all employ one of the pickers attending to the warehoufe, to pick and feparate
fuch refufed tobacco, and give the owner credit for fo much thereof as fhall be
found merchantable, after paying the- pickers one tenth part of the quantity faveel;
3ha!i bebn-nt anc^ infpe®ors fhall caufe the tobacco which fhall be judged by them unfit to pafs
tf£ty?ora3s'to burnt, under the penalty of fifty pounds for every failure, one half to the in-
former, recoverable with cofts, before the court of the county wherein fuch ware-
houfe fhall be.
pee; t* for 10, ^n^ t>e it father enabled, That when any tobacco fhall be brought to any
tmnsieftobac warehoufe for the difcharge of any public or private debt or contract in bulk of
ca&Sj theinfpeQors or one of them? after they have received, examined and weigh-
TOBACCO INSPECTION.
519
ed the faid tobacco according to the direftions of this aft, fhall deliver to the per fori
bringing the fame as many receipts under the hands of the faid infpeftors, as [hall
be required -for the full quantity of tobacco fo received by them, in which fhall be ex-
preffed whether the tobacco received be fweet fcented, Oronoko leaf, or Itemrned,
.which receipts [hall be in the form following, to wit:
RlVCf Form thereof.
Warehoufe, the day of
Received of pounds of transfer tobacco, to be delivered on de~
mand to him or his order.
11. And be it enabled, That from and after the pafiing of this aft, if any infpeftor 2fi0c70nu°te
fhall prefume to deliver any tobacco in his warehoufe without an order from the own-^jfJl;
er or proprietor of fuch tobacco, every infpeftor fo offending, and being thereof duly d«pSypT
conviftedin the fuperior court or the inferior court of any county, fliall be incapa- and fine.
bl*e of ferving ever after as an infpeftor in this ftate, and fhall moreover be liable to pay
a penalty of fifty pounds, one half to the informer, and the other half to the ufeof
the ftate, to be recovered by bill, plaint, or information.
12. And be it further enabled, That no infpeftor fhall accept or receive, direftly siwii receive
or indireftly, any gratuity, fee or reward for anything by him to be done in purfu- fee, under pen-
ance of this aft, other than his faid allowance or fees by this aft allowed fuch infpec- awi pound*,
tor, being thereof convifted, fhall forfeit and pay one hundred pounds, to be reco-
vered with cofts by any perfon who will inform and fue for the fame. And be it alfc Persons mak-
enabled, That if any perfon hereafter [hall make a fire within any of the public ware- warehouse sub-
houfes, or within fifty yajrds of fuch warehoufe, other than in a room for the ufe jedtoti"e'fcC*
the infpeftors, or in fome houfe having a chimney, fuch perfon or perfons fhall, for
every fuch offence, forfeit twenty pounds, to be recovered with cofts by information,
to the ufe of the informer; and if a fervant or {lave, he or [lie fliall, by order of
fome juftice of the peace, receive on his or her bare back twenty-five lafhes for every
fuch offence.
13. And be it further enabled, That he or they who fliall forge or counterfeit, alter Forging yc.
or erafe the ftamp or receipt of any infpeftor or infpeftors, or [hall caufe or procure
fuch ftamp or receipt to be forged or counterfeited, altered or erafed, or fliall aid or bepunishe*.
affift in forging or counterfeiting, altering or erafing, fuch ftamp or receipt, or [hall
have in his cuftody or poffeffion any infpeftor's ftamp or receipt which [hall have
been altered or erafed, knowing the fame to have been altered or erafed, and [hall
notdifcover fuch altered or erafed ftamp or receipt to a juftice of the peace within
five days after they or either of them [hall have come to his or their poffeffion; or
caufe to be exported any hogfhead of tobacco ftamped with forged or counterfeited
ftamp; or [hall receive or demand tobacco of an infpeftor upon forged or counter-
feited, altered or erafed ftamp or receipt, knowing the fame to be counterfeited or
forged, or fhall put or pack, or caufed to be put or packed, into any hogfhead or
cafk ftamped by an infpeftor, any tobacco whatever, or fhall draw or take out, or
caufe to be taken out any ftave or ftaves, plank or heading-board of any hogfhead
or cafk of tobacco fo ftamped as aforefaid, after the fame [hall have been delivered
out of any of the public warehoufes aforefaid, and being thereof convifted, [hall
fuffer fix months' imprifonment, ftand four hours in the pillory, and pay a fine of
one hundred pounds. i«speaorS-<-r
14. And be it enabled, That if any infpeftor or infpeftors fliall give, deliver,
or iffue to any perfon whatever his or their receipt, expreffed to be for any hogf- S'S,
55°
TOBACCO INSPECTION.
head or cafk of tabacco which they have not a&ually received into the warehoiife
whereof they are infpe£tors at the time of giving fuch receipt or fhall give, deliver or
iffue, more than one receipt for any onehogfhead or cafk of tobacco by him or them
received, except when authorized by law fo to do, fuch infpe&or or infpe&ors be-
jng thereof convi&ed by due courfeof law lhall be adjudged a felon, and lhall fuffer
death by being hanged.
Lo»treceipts, 15* ^nd be it further enaBed, That if any infpe&or's receipt be aftually loft,
kowestablish- mi{laid, or deftroyed, the perfon or perfons entitled to receive the tobacco by virtue
of any fuch receipt, fhall make oath before any juftice of the peace of the county
where the fame is payable, to the -number and date of every fuch receipt, to whom
and where payable, and for what quantity of tobacco the fame was given, and that
fuch receipt is loft, miflaid or deftroyed, and that he fhe or they at the time fuch re-
ceipt was loft, miflaid or deftroyed, was lawfully entitled to receive the tobacco there-
in mentioned; and fhall take a certificate thereof from fuch juftice, and upon prodn-
cing a certificate thereof, the infpe&ors who figned fuch receipt and lodging the fame
with them ; the infpe&ors fhall and they are hereby required and dire&ed to pay and
deliver to the perfon obtaining fuch certificate the tobacco for which any fuch receipt
was given, if the fame or any part thereof fhall not have been before by them paid
by virtue of the faid receipt, and fhall be thereby difcharged from all a&ions, Tuit%
and demands on account of fuch receipt and if any perfon fhall be convi&ed of ma-
king a falfe oath, or producing a forged certificate, in the cafe aforefaid fuch per-
fon fhall fuffer as in cafe of wilful and corrupt perjury or forgery as the cafe may be.
irtspeftion, 16. And be it further enabled, That the infpe&ors at the feveral warehoufes except
kopheL^nc- Calls, Richmond and Augufta fhall be and they are hereby entitled to receive for each
SSnfaaSdRidl" hogfhead of tobacco by them infpe&ed the fum of two fhillings which fhall be paid
b" whomtabe l^e infpeftors, by the merchants, or other perfons to whom the fame fhall be deliver-
»aId- ed, and every fuch infpedor before entering on the duties of his office fhall take the
inspector's following oath, to wit: 44 I, A. B. do folemnly fwear that I will diligently and care-
fully view, examine, and infpeft all tobacco brought to the warehoufe whereof I am
appointed infpe&or, and that not feparate and apart from, but in prefence of my
fellow, and that I will not receive any tobacco that is not in my judgment found,
well conditioned, merchantable and clear of trafh, and that I will not change, alter,
or give out any tobacco, other than fuch hogfheads or cafks for which the receipt to
be taken was given, but that I will in all things well and faithfully difcharge my duty in
the office of an infpe&orto the beft of my {kill and judgment, and according to the
direflions of this a£t, without fear, favor, affeftion, malice or partiality. So help
me God."
transfer to- 17. And be it further enaBed, That the infpe&ors at the different warehoufes in
becprizetiinto this ftate fhall, and they are hereby required to prize up all fuch parcels of transfer
uad». tobacco as fhall or may be lodged in their refpe&ive warehoufes, into crop hogfheads
to contain nine hundred and fifty pounds net, or upwards each, within two months
after the date of the receipt paffed or given by the infpe&ors for fuch tobacco, and
the faid infpe&ors fhall keep a book to be called a transfer book, in which an exaft
and particular account of all fuch parcels of tobacco fhall be kept; and where any
perfon or perfons holding fuch transfer receipts to the amount of nine hundred and
fifty pounds and producing the fame to fuch infpe&ors, they fhall deliver to fuchow-
ner or proprietor a crop hogfhead or hogfheads of tobacco to the amount of fuch re-
ceipts, firft deducting from fuch receipts the fum of eight per centum, for cafk,
fhrinkage and prizing the fame, for which they fhall pafs their receipts or notes; and
TOBACCO INSPECTION.
55*
the feveral infpeftors at each of the warehoufes within this ftate, fhall proceed to fell And how to t*
all the transfer tobacco that may remain in their poffefiion on the fecond Monday inoffoid,
September annually at the warehoufe in the refpeftive counties, and the infpeftors
felling fuch transfer tobacco fhall be accountable to the owner or owners of fuch
transfer tobacco for the monies ariling from fuch fales dedufting at the rate of eight
per centum for waftage, calk, prizing and cooperage.
18. And be it alfo enabled by the authority ajorefaid, That every hogihead of to-Hogsheads how
daacco fhall have at lead fix good hoops, and the owner or owners of fuch tobaccot0bchooped'
failing to have his, her or their tobacco in fuch ftate, fhall be obliged to pay the in-
fpeftors for finding fuch hoop or hoops the fum of twopence per hoop, before the
delivery of fuch tobacco: And the inferior court of the county in which fuch tobac-
co infpections may be, is hereby directed to appoint fome fit and difcreet per- Weights to be
{on or perfons to examine the weights at the different infpections in the firft Mondays ted by the infe-
in October and January in each year, and regulate the fame agreeably to theftandardnorcour'
of this ftate.
19. And be it further enabled by the authority ajorefaid, That every proprietor or^ke^n"©4
owner of a warehoufe fhall keep the fame in repair and fhall always have a fufficient
fhelter or houferoom to fecure all tobacco which fhall be brought to the fame, the^erawefor
doors to be well fecured by good locks, bolts or bars; in default whereof the owner
or proprietor fhall be accountable and pay to the perfon or perfons whofe tobacco
fhall be loft or damaged, all damages and cofts which may be recovered by action in
either of the fuperior or inferior courts: And the courts of the feveral counties with-
in this ftate wherein any warehoufe for the infpection of tobacco now is, or may
hereafter be eftablifhed, fhall and they are hereby required at their firft meeting an- To^beexam^
nually to appoint three of their number to examine from time to time into the ftate ^™ferior
and condition of fuch warehoufes, and whether they are built and fecured according
to this act, and the jultices ib appointed, or any two or more of them, finding that
the faid warehoufes are not in good and fufficient repair fhall within ten days give no-
tice in writing to the proprietor or proprietors of fuch warehoufe or warehoufes to
repair, the fame, and if fuch proprietor or proprietors having notice as aforefaid,
fhall refufe or neglect fo to do within two months from the time of fuch notice ; it
fhall and may be lawful for thejuftices fo appointed, or any two or more of them*
to let fuch repairs to the loweft bidder, taking bond with fufficient fecurity of the un-
dertaker in double the fum to be paid him for fuch repairs conditioned for the due per-
formance thereof; and the infpectors at any warehoufe wanting repairs as aforefaid Repairit#fce
are hereby empowered and directed to flop in their hands the amount of the fum tog^^Jf^
be paid for fuch repairs, out of the monies ariling on ftorage which money fo flopped
as aforefaid fhall be paid into the hands or to the order of the juftices letting fuch re-
pairs, to be by them paid to the undertaker thereof. b?th0e£S!Sk
20. And be it further enabled, That from and after the palling of this aft, any per- hoicks
fon or perfons bringing to any of the aforefaid warehoufes, any hogihead or hogf- than 9501b*.
heads of tobacco, and the infpectors on weighing the fame lhall judge it good andfc*rc rmt"
merchantable according to the directions of this act, and under nine hunc^d and fif-
ty pounds net, ,fuch tobacco lhall be kept by the infpector marked in thefr transfer
book as light crop tobacco, but no receipt or note lhall be given for the fame in lefs
than two months except the owner or proprietor thereof fhall require the fame, and
the owner or proprietor of any fuch hogihead may at any time within two months,
prize into fuch light hogihead fo much other tobacco as will make the fame nine hun-
55* TOBACCO INSPECTION.
dredand fifty pounds net or upwards in which, cafe the infpectors {hall pafs their
cept for the fame as crop tobacco and mark it on their books as fuch; And if the ow*
neror proprietor of fuch tobacco fhall neglect or refufe to prize the fame within two
months the infpectors fhall and may confider the fame as transfer, and (hall be allow-*
ed the fame per centum thereon as other transfer tobacco; and wherever from the fitu-
ation and condition of any hogfhead of tobacco the infpectois find itneceffary, they
fhall have the fame repacked, and for every fuch hogfhead the pickers fhall be enti-
tied to receive for their fervices, in prizing and coopering the fame, the fum of five
fhillings, except it be done by the owner of fuch tobacco.
21. And be it further enabled by the authority aforefaid, That no perfon fhall attend
any warehoufe to pick refufed tobacco or aft as a cooper, except he fhall have been
appointed by the court and approved of by a majority of the infpeflors at fuch ware-
houfe: Any fuch picker fhall take the following oath, to wit: " I, A. B. do folemn-
ly fwear, that I will carefully pick fuch refufed tobacco that. I may have charge of,
and will faithfully and truly make a return of the net proceeds thereof, without any
wafte or embezzlement to my knowledge. So help me God." And the pickers and
coopers fo appointed fhall be under the dire&ions of the infpe&ors: Provided, That
nothing herein contained fhall be conflrued to prevent the planter from picking or
coopering his own tobacco; and the planters fhall at all times have the free ufe of
prizes for that purpofe,
RdiSer 22* 4nd be it further enabled, That the feveral infpe&ors appointed by this act fhall
be obliged to deliver each hogfhead to the perfon fhipping the fame, well coopered
g?£bw word at g°°fi hoops; and every hogfhead of tobacco, before it be removed
from any warehoufe within this ftate, fhall be branded with the word 66 GEORGIA,"
in letters of one inch long, which brand fhall be provided at theexpenceof the own-
er or owners of each refpective warehoufe.
cooper'*fees. 23* 4nd be it enabled, That from and after the firft day of October next, the
coopers at each of the feveral warehoufes fhall have and receive for each hogfhead by
them coopered, and for finding nails, the fum of one fhilling and fixpence, and no
more, to be paid by the owner thereof; and if any cooper or coopers fhall demand
or receive any greater fee or reward for fuch fervices, he or they fhall for every fuch
fhaiiforfeit offence, forfeit and pay fourfold to the party aggrieved, to be recovered before a
•vercharge, juftice of the peace in the county where fuch offence is committed, and on. being
convicted thereof, fhall b.e rendered incapable of acting as a cooper at any of the
warehoufes thereafter.
infpedtwstore 21* 4nd be it further enabled, That no infpector or infpectors of tobacco fhall
forwoper1^!, receive* any emoluments for coopering any tobacco that may be brought to the war er
KmoV?168 houfe at which they are infpectors, under the penalty of being removed from office,
upon information and proof thereof before the county inferior court. And that from,
and after the paffing of this act, the pickers at the feveral warehoufes fhall have and
receive for their trouble in picking any refufed tobacco one tenth part of all fuch
tobacco by them faved,
25 Gives falaries to certain infpettors^-repealed by act x>f 17935 fe&. 3.
26 Relates to the fame thing—^repealed hy the third fection of the fame acfr
Allowance to
pickers.
Their oath.
fiovisti
* I&fpe&ors allowed to cooper tobacco by a& of 17^6.
TOBACCO INSPECTION.
553
27. And be it further entitled, That all and every act or parts of acts that have been Sc!InB
palled refpecting the infpection of tobacco, that is repugnant and contradictory to this
act, be and is hereby repealed.
WILLIAM GIBBONS', Speaker of the Houfe of Rcprefcntativcs.
N. BROWNSON, Prefi dent of the Senate,
Concurred December 23, 1791.
ED WARD TELFAIR, Governor.
An aft for the letter regulation of the infpeftion of tobacco in this fate, and for other
purpofes.
1. WHEREAS it has been found to be injurious to the interefl of the planters Preamble.
V V of tobacco in this flate, that the infpeftors fhould be appointed from the
citizens of any particular county: for remedy whereof,
Re it enafted by the Senate and Houfe of Reprefenta.'ives of the fate of Georgia, in inrPear>rS,how
General Affembly met, That it fhall and may be lawful for the justices of the inferior cd.beappumt"
courts of the counties of Richmond, Columbia, Lincoln, Elbert, Franklin, Jackfon,
Oglethorpe, Greene, Wilkes, Hancock, Warren, Burke, Jefiferfonand Wafhington,
to recommend two perfons for infpeftors to any county where warehoufes are efta-
blifhed by law; and the faid county courts refpeftively fhall be obliged to appoint
three infpeftors out of the number fo recommended, for each warehoufe that may be
in fuch county; and in cafe of failure or refufal of any or each of the faid counties
fo to recommend, the court fhall proceed to eleft out of fuch perfons as may be re-
commended; and in cafe no recommendations are made, the court may eleft from
any candidates that may offer.
2. And be it further enaHed, That an infpeftion of tobacco fhall be and the fame warehouse, cs-
is hereby eflablifhed at the town of Sparta, in the county of Hancock; and the in-imf "
ferior court of the faid county are authorized and empowered to fix and determine on
the fpot whereon the faid warehoufe fhall be erefted in the town aforefaid; which faid
warehoufe fhall be under the fame rules and regulations as other warehoufes eflablifhed
by law in this hate.
3.. And be it further enafted, That an infpeftion of tobacco fhall be and the fame SJatSmn"
is hereby eflablifhed at the city of Savannah; and the juflices of the inferior court of
the county of Chatham are hereby authorized and empowered to determine on the fpot
of ground whereon the warehoufe and infpection fhall be eflablifhed, and to appoint
infpeftors for the fame; which faid infpeftion and warehoufe {hall be fubjeft to fuch
rules and regulations as are prefcribed by law for all other warehoufes and infpeftions
within this ftate.
4. And be it further enafted, That all former laws refpecting an infpection at Sa-
vannah, fo far as relates to that infpeftion only, fhall be and are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Rcprefcntativcs.
DAVID EMANUEL, Preftdent of the Senate.
Affented to February 2, 1798.
JAMES JACKSON, Governor.
TOSACCO, WAREHOUSES FOR,
An aCt to authorize Zachariah Lamar, efj. to lay out a town at the mou'h of Broad
River, and to tjlabiijh infpeBions in the county of Wilkes.
ptaoiiie. 1 TJIfHEREAS it is neceffary, and will be greatly conducive to the general con-
V V venience of the citizens on the upper part of this (late, that a town fhould
be laid out and a tobacco infpe&ion eltablilhed at the mouth of Broad River, in the
county of Wilkes;
7,ai in riaii La- Be it enabled by the reprefentatives of the freemen of the fate of Georgia in General
to*l it cut a Aftmbly met, and by the authority of the fame, That Zachariah Lamar, of the afore-
AJncDlriyU the faid county, be and he is hereby fully authorized and empowered to lay out a town
kiillhapubuc 011 °^vn ^an^s' fituate on the fouth fide of the mouth of Broad River, into any
w-iekowe. and fuch number of half acre lots as he may think proper, and to difpofe of and
make titles to the fame according to the ufual manner of conveyance; which faid
town lhall be called and known by the name of Lincoln. And the faid Zachariah
Lamar is hereby further authorized and empowered to ere& a public warehoufe for
the reception and infpc&ion of tobacco in the faid town of Lincoln, fubje& always
to the laws that have been or may hereafter be provided for the infpe&ion of tobacco.
2. And whereas Dionyfius Oliver, of the aforefaid county of Wilkes, hath peti-
tioned the legiflature to authorize him to erebi a warehoufe on his own land, in the
aforefaid county of Wilkes, in the fork, between the aforefaid Broad River and the
river Savannah, for the reception and infpe&ion of tobacco; and whereas the fame
is likewife thought necelfary lor the convenience of the upper fettlers:
ver'3warehouse ^ further enaBcd, That the faid Dionyfius Oliver is hereby authorized and
peStrgh? empowered to ere& the faid warehoufe, and the faid infpe&ion is hereby eftablifhed-,
fubje& always to fuch laws as have been, or may hereafter be made, for regulating
the infpe&ion of tobacco as aforefaid.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February 8, 1786.
An aB to repeal fome parts> and to amend other parts, of an aB to regulate the in*
fpcBions of tobacco.
1, 2, 3, 4, 5, Re-ena&ed, with alterations, by a& of 1791.
6. And whereas feveral petitions have been prefented to the prefent General Af-
fembly, praying the eltablilhment of other infpe&ions within this ftate:
Warehouses es- Be it therefore enacted by the authority aforefaid. That the following infpc&ions be,
xoui'Iymef and the fame are hereby eftablilhed, under the fame regulations as thofe already ef-
pS^tabliflied in or near the town of Augulla: On John Shellman's lot of ground in
kdrulgCfe" Louifville; on fome public lot in the town of Walhington; on fuch other lot in the
Gauinto'n f town as die commiffioners of the academy in the county of Wilkes may point
^leFand? out' on &ie land of general Twiggs, at New Savannah, near the mouth of Butler's
S\eiBiuff.at creek; and on land of Henry Arl ington at the fame place; on land of Robert For-
TOBACCO WAREHOUSES,
555
fyth, in the county of Golphinton; on land of Arthur Fort, near the falls of Oge-
chee; and on land of George Handley and Chriftopher Hillary, at Reed's Bluff.
By order of the Houfe.
JOHN POWELL, Sfeahr.
Augufta, February 4, 17S9..
Am abl to ejlablijli ail infpeblion 0/ tobacco on the Savannah River ^ at the mouth of
Lightwood-log Creek,
1. T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of^pfp^
JD Georgia, in General Ajfembly met, and it is hereby enabled by the authority 0f
of the fame, That from ahd immediately after the palling of this act, it fhall and cStTtam^8
maybe lawful for an infpe&ion of tobacco to be opened, at the mouth of Light-&^couatjr'
wood-log Creek, in Elbert county on the land of'Nehemiah Howard, which faid in-
fpection ihall be governed by the laws which now are in force or which may here-
after be made for the government of the feveral infpections within this ftate.
2. Be it alfo enabled, That the right of building faid warehoufe is hereby veiled in vutedinNek*
the faid Nehemiah Howard, his heirs and afiigns, who fhall be entitled to receive themw
fame ftorage as is dire&ed by law to be received in the other infpections in this
ftate.
3. And be it Jurther enabled, That fo much of an a& entitled " An a£l for regu-fd!art08repMl1*
la'ting the infpefiions of tobacco," paffedthe twenty-third day of December, one thou-
fand ieven hundred and ninety-one, as relates to granting of falaries to the infpeflors
of Calls, Richmond, and Augufta warehoufes, be and the fame is hereby repealed,
4. And be it further enabled, That the infpe&ors at the warehoufes known by ihe^ftors»f^
name of Richmond and Augufta warehoufes, fhall be entitled to receive the fame
price for each hogfhead of tobacco, by them infpefted, as are allowed by law to
the infpeHors of other warehoufes within this ftate, which fhall be paid at the time
of fhipment., • ,
And be it further enabled, That the weights at the feveral warehoufes within this
ftate, fhall be adjufted in the manner pointed out in a former law regulating the infpec-tobcadiusccd'
tion of tobacco, on the firft Monday in January and October annually.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Rrefident of the Senate,
Concurred December 19, 1793. *
GEORGE MATHEWS, Governor,
««««••«»
An abl to ejtablifb aninfpeblion of tobacco on the Savannah River, at the mouth of Cold*
Water Greek,
L 13 ^ ^ ENACTED by the Senate and Houfe of Reprefentatives of the flatf of
jfj Georgia in General Ajfembly met, and by the authority of the fame That it fnall JT Olltll Of C .Jli-
and may be lawful for an infpection of tobacco to be opened at the mouth of Cold- *acer treck'
■water Creek,in Elbert county on the land of John Cunningham ; which faid infpec-
1
55s
TOBACCO WAREHOUSES.
tion fhall be regulated by the fame laws which are how in force, or uhicli may here-
after be made for the government of the feveralinfpeBions in this ftate.
A»hn*\2ataa 2* & a\f° enaBed, That the right of the faid warehoufe is hereby veiled in
&m.Cunm"s" John Cunningham, his heirs and alEgns, who fhall be entitled to receive the fame
llorage as is dire£led by law to be received at the other ihfpe&ions within this ftate;
Inspectors may 3. Be it further enaBed, That it fhall and may be lawful for the leveral infpeftors
•oopertobacco. Q£ tokacco within this ftate, either by themfelves, or perfons by them employed to coo-
f per the tobacco which may be brought to their feveral infpetlions, who fhall be end-
tied to receive the fame fee which is allowed by law in this ftate for the coopering of
tobacco, any law or cuftom to the contrary notwithftanding;
THOMAS STEPHENS, Speaker of the Houfe ofJReprefentatives,
BENJAMIN TALIAFERRO, Prefidcrit of the Senate.
Concurred February ii, 1796.
JARED IRWIN, Governor,
AnaBto efablifh a tobacco infpeBion in the town of Peterjburgh, one on the fouth fde
of Broad River at the mOuth thereof; and one other on the lands of Ezekiel Harris
above Augufa.
1. T> E IT ENACTED by the Senate and Hmfe of Reprefentatives of the [late of Geor-
SSSSteduT -13 gia in General AJfembly met7 That it fhall and may be lawful for an infpe£lion
Pctersburgh. tokacco to eftablifhed in the town of Peterfburgh, in the county of Elbert, on
lots thirty-five and thirty-feven, the property of William Watkins ; and that the faid
wnikmwS- warehoufe with all the^benefits and emoluments be, and is hereby veiled in him the
kras' faid William Watkins, his heirs and alfigns.
A"0thhsTdeofth* 2* be it enaBedby the authority aforefaid, That one other tobacco infpeflion fhall
lested^TW eftablifhed on the fouth fide of Broad River, at the mouth thereof, on the lands
waswaitoa. of Thomas Walton, junr. and that the right of the faid warehoufe be, and is here-
by veiled in the faid Thomas Walton, jun. his heirs and affighs.
And another on 3. And be it ena-Bed, That another warehoufe be and is hereby eftablifhed on the
SKktefHwria. plantation of Ezekiel Harris in the county of Richmond; and that the right of the
SK.msa faid warehoufe be and is hereby veiled in the faid Ezekiel Harris, his heirs and af-
figns.
fiJSuSSw. 4. And be it further enaBed, That the aforefaid tobacco infpe&ions fhall beregu-
lated and governed by the fame laws that now are or may hereafter be made for the
government of the feveral tobacco infpe£lions within this flate, and the proprietors
thereof fhall be allowed to receive the fame ftorage as is dire£l by law to be received
at other tobacco infpeflions.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativest
DAVID EMANUEL, Prefident of the Senate,
Concurred February 11, 1797.
JARED IRWIN, Governor,
TOBACCO WAREHOUSES.
557
An aB to ejlallifh an infpeBion of tobacco at the White Bluff on the Oconee River, in
the county of Wafhington.
i.T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of^monc*-
J3 Georgia in General Affenibly met, and by the authority of the fame, That it wwuSiuiroa*
fhall and may be lawful for an infpectibn of tobacco to be opened at the White Blufl Riverosee
on the Oconee River, in the county of Wafhington, on the land of Thompfon Law-^jn
fon; which faid infpection fhall be regulated by the exifting laws now of force, or that '[^yoTm
may hereafter be made for the infpebtion of tobacco.
2. And be it further enabled, That the right of the faid warehoufe is hereby veiled inspeftors ap-
in Thompfon Lawfon, his heirs and affigns, who fhall be entitled to receive the famepolntea'
florage as other infpe|iors, and that James Jones and jeffe Armftrong be the in-
fpebtors thereof.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate.
Concurred February 11, 1797.
JARED IRWIN, Governor.
An act to efablifh tobacco infpections at the feveral places herein after mentioned, and
for improving the navigation of Broad River and Oconee River.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentalives of the fate
houcc establish-
JL> Georgia in General Affenibly met, That there fhall be a tobacco infpeflion ef- ecV
tablifhed on the land of Reuben Eaften, efq. on Broad River, at Davis' Ford, to
be known by the name of Eaften's Warehoufe; and that one other tobacco infpection h",Ktabikh-
be eftablifhed on the land of James Hughes, on Savannah River, near Barkefdale'scd"
Ferry, to be known by the name of Hughes' Warehoufe; one other tobacco in-
fpeHion to be eftablifhed at the mouth of the Alatamaha on the land of John M4In-<Tlscc
tofh, to be known by the name of Darien Warehoufe; and that one other tobacco
'infpeHion be eftablifhed at the Long Bluff on the Oconee River, in the county ofubluhed*
Wafhington, to be called the Long Bluff Warehoufe; all of which fhall be fubject
to fuch rules and regulations as other warehoufes eftablifhed by law.
And whereas, the increafmg value of the lands in Savannah renders it impofiible
for any perfon or company to erect a warehoufe for the purpofe of ftoring and in-
fpecting tobacco at the prefent rates of ftorage:
2. Be it therefore enacted. That the rates of ftorage at the warehoufe erected or to F!fty #enUst0.
be erected in the faid city, be fifty cents per hogfhead. nlie.in3avau"
And whereas, it is reprefented to the prefent General Affembly, that many of the
citizens of Elbert, Oglethorpe, Wilkes, Jackfon, and Franklin, are improperly
and unjuftly reftrained from partaking of the advantages and benefits which nature
has ordained and granted them, by a number of perfons, whole intereft it has be-
come to obftruff and hinder the paffage of fifh up the Broad River, by flopping the
current and ftream ; being in divers places by fifh dams and traps, fo as really to be-
come a monopoly to individuals, and detrimental to the inhabitants bordering on the
faid river.
TOBACCO WAREHOUSES.
of the channel
3. be it therefore entitled by the authority aforefaid, That all and ever) pel (oil of
to be kept < pen perfons fliall be obliged and compelled to leave at leafl one fourth pait of the main
of fish;*umler channel of thefaid Broad River, clear of all and every encumbrance whatever, except
Ci£dr«its natural obftruftions, under the penalty of one hundred dollars for every day, any
obatruttcd. fUch artificial impediments now in the meaning of this aft remains unremoved, three
fourths thereof to any pcrfon or perfons, who {hall inform, profecute and convift the
offender; the other fourth to the Life of the fund for opening and improving the navi-
proviso. gation of the laid river ; Provided, That no penalty impofed by this aft, fhall take
place prior to the twenty-fifth day of February next.
The mudie 4* And be it further entitled. That all that part of Broad River commonly called
c\Sn>swand the Middle River, running between Coleman's and Anthony's mill dams, fliall before
on Bro.ul Ri\er and after its junftion with either of the rivers on which the faid mill dams are erefted,
o°pcne.kcpt be and is hereby declared to be a free paffage for fifh up the faid river, and to be clear
of all and every obftruftion whatever, to the final junftion of all its parts with the
main river aforefaid, and to the mouth thereof.
And whereas, divers perfons inhabitants of the counties aforefaid, have already
fubferibed confiderable fums for the purpofe of opening Broad River, from the fork
thereof to Peterfburgh, and others will it is expefted willingly fubferibeto fo valua-
ble an objeft.
parsonsmb 5' ^ therefore enacted, That on the fit ft day of May next, the fubferibers that
b«SK?c,!1 ^en may ke' are hereby authorized to meet, and from their own body choofe or eleft
^ve perfons to aft as commiflioners and agents to contract with any perfon or per-
fons, and at their difcretion fuperintend the carrying the work of opening the faid
river out of the funds that then may be in hand, and annually to renew the collec-
«Kut}wcr> ^ons asthey raa7 judge advifable; and the faid fuperintendents or agents, fliall keep
regular and diffinct accounts of all monies expended by them in carrying on the faid
work, which fhall be fubmitted to the general and annual meeting of the fubferibers
proviso to ^un<^ : Provided, That nothing herein contained fhall in any manner author-
ize they the faid fuperintendents or agents for clearing and improving the navigation of
the river aforefaid, to injure, impair or difturb either of the mills or dams belonging
proviso. to the faid Coleman and Anthony : And provided, That the faid dams fliall not extend
into the faid river farther than the iflands to which fuch dams are refpectively joined,
penalty for tei- 6, And be it further enatltd, That in cafe any perfon or perfons fhall fell any
Into Broad Riv. trees, erect dams, or in any other manner injure or prejudice the navigation of the faid
e<i. river when opened or improved, any fuch perfon fo offending fhall forfeit and pay the
fum of one hundred dollars for every day fuch obflructions fliall remain unremoved;
now recovered three fourths thereof to the ufeof any perfon or perfons informing and profecuting
uudapplied. to conviction the offender, the other part to the ufe of the fund for opening the na-
Vigation aforefaid, to be recovered in any court having cognizance thereof,
one fourth part * Jn 1 b c it further entitled, That from and after the pafling of this act, it fliall
cf f >c<>nee / ' 7 k
rou"^die&11 ot lawful for any perfon or perfons to flop or keep flopped the main fluices of
tSSoflo''be ^ie Oconee River, from the Rock Landing up to the fork of the Appalachee and
thipUSeof Oconee Rivers, nor up the laid river Oconee to the confluence of the tT7o branches
thereof, called the north and middle folks, up the mam river to tie mulberry fork,
and up the north fork to the cedar ihoals, and up the find river Appaladice to the
vmierpenai ydhigh Ihoals; but the fame is hereby declared to be at Icafl one fourth pait thereof, in-
daiurlpei'day. eluding the main channel, a free paIIage up thefaid rivers for filh; nor fliall any per-
fon or perfons, under the penalty of one hundred dollars per day, flop or caufe tq
TOBACCO WAREHOUSES. 559
fee flopped more tnan three fourths of any part or parts of the rivers aforefaid, by fifh "Ta^dered
dams or other obflructions whatever, to be recovered in any court of record having
to appoint conj-
cognizance thereof; and that the judges of the inferior court of each county be au- keep open said
thorized to appoint commiffioners to keep open the faid rivers, any law to the contra-mcrs"
ry notwithflanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to February 15, 1799.
JAMES JACKSON, Governor.
An act for efablifhing a warehoufe on the land of Claiborn Webb, on Broad River, and
one other, warehoufe on the land of John Willhight, in the county of Elbert.
1. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate °f
JL3 Georgia in General Ajfembly met, and by the authority of the fame, That there
fhall be a tobacco infpecdon eftablifhed on the land of Claiborn Webb, on Broad Ri-
ver, which fhall be known by the name of Webb's Warehoufe.
2. And that one other tobacco infpection fhall be eftablifhed on the land of John wuih^hus
Willhight, in the fork of Broad River, in the county of Elbert, to be known by established,
the name of Willhight's Warehoufe; whichwarehoufes fhall be fubject to fuch rules
and regulations as other warehoufes in this flate now are or hereafter may be.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of theSenate.
Affented to November 30, 1799.
JAMES JACKSON, Governor.
An act to efablifb a tobacco infpection in the county of Oglethorpe, on lands of
John Griffith.
BE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Georgia in General AJJembly met, and by the authority of the fame, That there
fhall be a tobacco infpeQion eftablifhed on the land of John Griffith, on Broad
River, to be known by the name of Griffith's Warehoufe; which faid warehoufe or
tobacco infpebiion fhall be fubjeft to fuch rules and regulations as other tobacco in-
fpeftions, eftablifhed by law in this flate.
■ DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Affented to December 5th, 1800.
JAMES JACKSON, Governor.
i>!b UNIVERSITY, COLLEGE AND ACADEMY.
By the Yeprtfentatives of the freemen of the fdte of Georgia in General Affemhly met,
and by the authority of the fame.
An act for the more fall and complete efablijhmcnt of a public feat of learning in this fate.
mumble, A S it is the diftinguifhing happinefs of free governments that civil order fliould
jljL be the refult of choice and not necefflty, and the common wifhes of the
people become the laws of the land, their public profperity and even exigence
very much depends upon fuitably forming the minds and morals of their citizens.
When the minds of the people in general are vicioufly difpofed and unprincipled,
and their conduct diforderly, a free government will be attended with greater con-
fufions and evils more horrid than the wild uncultivated ftate of nature: It can
only be happy where the public principles and opinions are properly directed and
their manners regulated. This is an influence beyond the {ketch of laws -and pu~
nifhrnents, and can be claimed only by religion and education. It fhould therefore
be among the firft objects of thofe who wifh well to the national profperity, to encou-
rage and fupport the principles of religion and morality, and early to place the youth
under the forming hand of lociety, that by inftruction they may be moulded to the
love of virtue and good order. Sending them abroad to other countries for their edu-
cation will not anfwer thefe putpofes, is too humiliating an acknowledgment of the
ignorance or inferiority of our own, and will always be the caufe of fo great foreign
attachments, that upon principles -of policy it is inadmiflible.
This country, in the times of our common danger and diftrefs, found fecurity in
the principles and abilities which wife regulations had before eflabliflied in the minds of
our countrymen; that our prefent happinefs, joined to the pleaflng profpe&s, fliould
confpire to make us feel ourfelves under the ftrongeft obligation to form the youth,
the rifing hope of our land, to render the like glorious and eflential fervices to our
country.
And whereas, for the great purpofe of internal education, divers allotments of land
have at different times been made, particularly at their feflions in July, one thoufand
feven hundred and eighty-three, and February, one thoufand (even hundred and
eighty-four, all of which may be comprehended and made the bafis of one general
and complete eftablifhment: Therefore, the reprefentaiive's of the freemen of the fate
of Georgia in General Affcmbly met, this twenty-jeventh day of Januaiy, in the year
of our• Lord one thoufand feven hundred and eighty-fve, enact, ordain and declare,
and by thefe prefents it is enacted, ordained and declared—
tondifaS?" ** The general fuperintendence and regulation of the literature of this flate, and
in particular of the public feat of learning, fhall be committed and intrufted to the
governor and council, the fpeaker of the Houfe of Aflembly, and the chief juftice
of the ftate, for the time being, who fhall ex-officio compofe one hoard, denominated
SJdnSmg " ^he Board of Vifitors,"* hereby vefted with all the powers of vifltation, to fee
feer°^rHtc'that the intent of this inftitution is carried intoeffefl; and John Houftoun, James
t«snom\nuated Haberfham, William Few, Jofeph Clay, Abraham Baldwin, William Houftoun,
Nathan Brownfon, John Haberfham, Abiel Holmes, Jenkin Davies, Hugh Lawfon,
_ William Glafcock, and Benjamin Taliaferro, efqrs. who fbafl compofe another
»itedto be^tyi-board, denominated 44 The Board of Truftees." Thefe two boards united, or a
tasAcaScmiu majority of each of them, fhall compofe the " Senatus Academicus of the llniver-
fity of Georgia."
* Board of vifitors defiaed by a& of 1800, fedt. 3.
UNIVERSITY, COLLEGE ANfc ACADEMY.
561
, ; 2. Ail ftatutes., laws, and ordinances, for the government of die univerfity, fliall
be made and enaCied by the boards united, or a majority of each of them, fubjeCt
always to be laid before the General Affembly, as oft^cn as required, and to be re- S'iUturJ'h
pealed or difallowed, as the General Affembly (hall think proper.
3. Property veiled in the univerfity lhall never be fold without the joint concur-
rence of the two boards, and by an aft of the legiflature, but the leahng, farming, Sfdwithou®
and managing of the property of the univerfity for its conflant fupport, fhall be the
bufinefs of the board of truftees; for this purpofe they are hereby conllituted a body
corporate, and politic, by the name of " The Truftees of the Univerfity of Georgia," p0™16*
by which they (hall have perpetual fucceffion, and fliall and may be a perfon in law,
capable to plead, and be impleaded, defend, and be defended, anfwer, and be an-
fwered unto, alfo to have, take, poffefs, acquire, purchafe, or otherwife, receive
lands, tenements, hereditaments, goods, chattels or other eftates, and the fame to
leafe, ufe, manage, or improve, for the good and benefit of faid univerfity, and all
property given or granted to or by the government of this ftate for the advancement
of learning in general, is hereby vefted in fuch truftees, in truft as herein defcribed.
4. As the appointment of a perfon to be the prefident and head of the univerfity rre,:dent of
is one of the firfl and moft important concerns, on its refpeel and ufefulncfs greatly loUTpp";ntId
depend, the board of truftees fliall firfl examine and nominate, hut the appointment boardstw0
,of the prefident fliall be by the two boards jointly, who fnall alfo have the power of moved in '.ike
removing him from office for mifdemeanor, unfaithfulnels, or incapacity.? manner.
5. There fliall be a ftated annual meeting of the Senatus Academicus at the uni-
verfity, or at any other place or tjme to be appointed by themfelves, at which the
governor of the ftate or in his abfence, the prefident of the council fliall prefide, their Rt.c(inistofce
records to be kept by the fecretary of the univerfity. secretary.
. 6. As the affairs and bufinefs of the univerfity may make more frequent meetings Board ho*. t«
of the truftees neceffary, the prefident and two of the members are empowered to the^ibW.
appoint a meeting of the board, notice always to be given to the reft, or letters left at
the ufual places of their abode, at leaft fourteen days before the faid meeting, feven
of the truftees thus convened fhall be a legal meeting. In cafe of the death, ah-
.Jence, .or incapacity of the prefident the fenior truftee fliall prefide; the majority of
the members prefent fhall be conftdered a vote of the whole, and where the mem-
jbers are divided the prefident fhall have a calling vote; Provided always, ThatPr6Us*'
nothing done at thefe fpecial meetings, fliall have any force or efficacy after the rifing
,of .the then next annual meeting of the truftees.
7. The truftees fliall have the power of filling up all vacancies of their own board,
.and appointing profeffors, tutors, fecretary, treafurers, flewards, or any other of- board, and ap-
ficers which they may think neceffary, and the fame to difcontinue or remove, as they officks.CCCMniy
may think fitbut not without feven of their number, at leaft, concurring in fuch
.a CI.
8. The truftees fhall prefcrihe the courfe of public fiudies, appoint the falaries of smi regulate
the different officers, form, and ufe a public feal, adjuft and determine the expen- public studies,
,ces, and adopt fuch regulations, not otherwife provided for, which the good of the -xsaan€is«
univerfity may render neceffary.
9. All officers appointed to the inftruCiion and government of the univerfity fliall
b.e of the chriflian religion ; and within three months after they enter upon the exe- ttSws.
cution of their truft, fhall publicly take the oath of allegiance and fidelity, and the
oaths .of office prefcribed in the ftatutes of the univerfity; the prefident, before the
4 B
en -e of litcva-
ti re in tliii
5SZ UNIVERSITY, COLLEGE AND ACADEMY.
governor or prefident of the council, and all other officers before the prcfident of the
univerfity.
officer*, stu. 1 °* prefident, profeffors, tutors, ftudents, and all officer^ and fervants of
univerfity whofe office require their conftant attendance, ihall be, and they are
lieu duty. hereby excufed from military duty, and from all other fuch like duties and fervices,
Lands exempt and all lands and other property of the univerfity is hereby exempted from taxation.
K«lig"ous sen- 11. The truftees ffiall not exclude any perfon of any religious denomination what-
noui'.'qufiihcfu foever, from free and equal liberty and advantages of education, or from any of the
liberties, privileges and immunities of the univerfity in his education, on account of his,
her or their fpeculative fentiments in religion, or being of a different religious profef-
fion.
^vSywith 12, The prefident of the-univerfity, with the confent of the truftees, {hall have
sKin"ayeepow-Power to giye atld confer all honors, degrees and licenfes, as are ufually conferred in
fmZrs,nSc. colleges or univerfities, and ffiall always prefide at the meeting of the truftees, and at
all the public exercifes of the univerfity.
SenatusAcade- 13. The Senatus Academicus at their ftated annual meetings (hall confult and ad-
•i^Hend11 V^e» notonly upon affairs of the univerfity, but alfo to remedy the defe&s, and
advance the interefts of literature through the ftate in general. For this purpofe it
fhall be the bufinefs of the members, previous to their meeting, to obtain an acquaint-
ance with the ftate, and regulations of the fchools and places of education in their
refpeblive counties, ,that they may be thus poffeffed of the whole, and have it lie be-
fore them for mutual affiftance and deliberation. Upon this information they {hall
recommend what kind of fchools and academies {hall be inftituted, agreeably to the
conftitution, in the feveral parts of the ftate, and prefcribe'what branches of in-
ftru&ion {hall be taught and inculcated in each. They fhall alfo examine, and re-
commend the inftrubiors to be employed in them, or appoint perfons for that pur-
pofe. The prefident of the univerfity as often as the duties of his ftation will permit,
and fomeof the members, at leaft once in a year, fhall vifit them, and examine into
their order and performances.
14. All public fchools, inftituted or to be fupported by funds or public monies, in
considered'as _ this ftate, ffiall be confidered as parts or members of the univerfity, and ffiall^be under
verrsit7theunl" the foregoing directions and regulations.
Tnateestore- 15. Whatfoever public meafures are neceffary to be adopted for accompliffiing
re££ypuwfc: thele great and important defigns, the truftees ffiall from time to time reprefent and
measures to the <-> r 1' r
legislature. Jay before the General Aliembly.
ah laws con- All laws and ordinances heretofore paffed in any wife contrary to the true in-
JtpdSed. tent and meaning of the premifes, are hereby repealed, and declared to be null and
void.
Thissharterto 17* In full teftimony and confirmation of this charter, ordinance and conftitu-
SScdand ^on> and all the articles therein contained, The reprejentatives of the freemen of the
fate of Georgia in General Affembly, hereby order, That this a£t fhall be figned by
the honorable Jofeph Haberffiam, efqr. fpeaker of the Houfe of Affembly, and
fealed with the public feal of this ftate, and the fame, or the enrolment thereof in the
records of this ftate, ffiall be good and effectual in law, to have and to hold the
powers, privileges, and immunities, and all and lingular the premifes herein given,
or which are meant, mentioned or intended to be hereby given, to the faid board of
vjfitors and truftees, and to their fucceffiors in office for ever.
JOSEPH HABERSHAM, Speaker.
Savannah, January 27, 1785.
All public
UNIVERSITY, COLLEGE AND ACADEMY.
An.&B to repeal an ordinance paffed at Angufia the twenty-fixth day of January, one
ihoufand feven hundred ,and eighty-fix, Jo far as refpetls fixing the feat of the uni-
verfity of this fiate, and " An act for the more full and complete ejiabhjhment of a
public feat of learning in this fiate*, fo far as refpcHs the appointment of trvjlees"
pajfed at Savannah the twenty feventh day of January, one ihoufand feven hundred
and eighty-five; and to appoint a board of trujlees, and to define the board of vfitors,
and to fix a permanent feat for the faid univerfity.
1. THEREAS the aforefaid recited afts have hot been cat-vied into effeft, picamhic.
y Y many of the original board have died and removed, fo that doubts have
aiifen whether there is in exigence a legal board: for remedy whereof, Be it enaBed
by the Senate and Houfe of Reprefentatives of the fiate of Georgia in General A^Jfembly
met, and by the authority of the fame, That the permanent feat of the univerhty {ball 5cat«fth«
be in the county of jackfon. Franklin, Hancock, Greene, Oglethorpe, Wilkes,UUIVCl31ty"
or Warren.
2. And be it further en a Bed, That Abraham Baldwin, Hugh Lawfon, Benjamin
Taliaferro, jofeph Clay, jun. James Jackfon, John Twiggs, John Clarke (of Wilkes)
the rev. Robert M. Cunningham, John Milledge, Joliah Tatnall, jun. Ferdinand
O'Neal, John Stewart and James M'Neil, fhall compofe the board of truftees, whofe
duty it fhall be to carry this inftitution completely into effeft.
3. And be it further enaBed, That the governor, the judges of the fuperior courts, Board of u-
the prefident of the Senate, the fpeaker of the Houfe of Reprefentatives, and the la0"define*-
fenators from the different counties (except the counties in which the governor, the
judges, the prefident of the Senate and fpeaker of the Houfe of Reprefentatives for
the time being fhall refide) who {hall form a board of vifitors, whole duty it fhall be Theirpower.
to fuperintend and regulate the literature of this ftate, and in particular of the public
feat of learning.
; 4. And be it further enaBed, That it fhall be the duty of the board of truftees to noardoftnis.
call on all perfons who may be in poffeflion, or who have been in poffeffion of any calf on persons
funds, papers or books belonging to the faid univerfity in any manner whatever, to penvofthepu°."
imake fettlements with and deliver over faid property into the hands of them, or a session ^
committee appointed for that purpofe; and in cafe of failure, to commence fuits And vcsted
for the fame; and that they the faid truftees be and they are hereby veiled with all
the powers given by the charter paffed the twenty-feventh day of January, one tktcb?rt-r-
thoufand feven hundred and eighty-five.
5. And be it further enaBed, That fo much of the before recited afts as militate
againft this aft, be and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate,
Affented to December 5, 1800.
' JAMES JACKSON, Governor.
fi
UNIVERSITY, COLLEGE AND ACADEMY.
An abl to tjlablifh an academy in the county of Chatham, and for vejling certain pro-
perty in Selina, count efs dowager of Huntingdon.
ill and 2d Se&ions of this a& rcfpeOs the property of the rev. Bartholomew Zu~
berbuhler—repealed by a6l of December the 8th, 1791.
3. And whereas there is in this hate a very conliderable property, as well real as
perlbnal, known and diftinguilhed by the name of Bethefda College or Orphan-Houfe
cllate, originally intended for an academy, and devifed in trull by the late rev. George
Whitefield for literary and benevolent purpofes, to Selina, countefsof Huntingdon i
Theor^Lan. Be it enacted by the authority aforefaid, That .the faid eflate be veiled in the faid Seli-
«inntess«fie na> countefs Huntingdon, any law to the contrary notwithftanding.
Huntingdon. ^th and 5th Se£lions relates to Zuberbuhler's eltate. See note upon ill and 2d fe£h
6, And whereas there may be in the faid county of Chatham lands unlocated and
a« vacant land not granted: Be it further enabled, That, all fuch vacant lands not contained within
tKeof°thC any traft for which a grant has been obtained, be referved for the ufe of the faid aca-
Notvexceeding derny or feminary of learning: Provided, That the quantity of vacant land thus
jfcooacres, referved lhall not exceed five thoufand acres.
one thousand 'J• And be it enacted by the authority aforefaid^ That one thoufand pounds fpecie
IfwnSed of confifcated property lying in the county of Chatham, be put into the hands of
|Stothebe the faid trullees by the fheriff of the faid county, or fuch other officer as may be in
the lawful poffeffion of fuch property, or legally entitled to fuch poffieffion.
Trusteesap- it enabled by the authority aforefaid, That the following perfons be and
p*med. they are hereby appointed trullees for the faid academy, viz. John Houlloun, John
Haberlham, William Gibbons, fen. William Stevens, Richard Wyly, James Houf-
toun, Samuel Elbert, Seth John Cuthbert, and Jofeph Clay, jun. efqrs.
v«ar.cie& g. And be it further enabled by the authority aforefaid, That if-either of the trullees
before nominated ffiould refufe to accept fuch appointment, or if after his acceptance
he fhould refign or die, his place (hall be fupplied in the following manner, to wit:
the remaining trullees, or a majority of them, lhall nominate three perfons, one of
whom lhall be appointed by the executive to fupply the vacancy.
10. And be it further enabled by the authority aforefaid^ That all a£ls appropriating
any Turns or allotments for faid academy, be and the fame are hereby repealed.
NATHAN BROWN SON, Speaker.
Augulla, February 1, 1788.
An abl to quiet the heirs and reprefentatives of the late rev. Bartholomew Zuberhuhler
in and to afcertain efate, lying and being in the counties of Chatham and Glynn.
srwrobie, l.T 71 7HEREAS the aforefaid Bartholomew Zuberbuhler, in and by his laft will
V V and tellament, made certain difpofitions of te ellate for benevolent pur-
pofes, which were declared by the legillature of the Hate of Georgia to be impracti-
cable, and could not be carried into execution in and by an a£l, entitled 46 An a£l to
eflablifh. an academy in the county of Chatham, and for veiling certain property in
Selina, countefs dowager of Huntingdon," palled at Augulla the firll day of Febru-
ary, one thoufand feven hundred and eighty-eight; and it further appearing by the
UNIVERSITY, COLLEGE AND ACADEMY.
565
raid, a£l, that the rights of any perfon legally the heirs of the faid Bartholomew Zu-
berbuhler fhould not be barred from their claims: And whereas the legillature, by
their ad pafled at Augufta on the third day of February, one thoufand feven bun-
dred and ninety-nine, did declare, that Bartholomew and Jacob Waldburger, being
then in polfeffion of the faid eftate, fhould keep the fame, fubjeCl to an action of
ejedlment or claim of the faid truftees, that the right of the heirs and applicants to
the fame might be determined :
Be it therefore enacted^ That the real eftate of the faid Bartholomew Zuberbuhler, ^ ^
and of which he died poftefted, or was entitled to in the then province, now ftate °fs^f™£0'
Georgia, fhall go to and be vefted in the faid Bartholomew Waldburger, as eldeft fon Jeurbc^hv^t'ed
and heir of his father, Jacob Waldburger, who was the nephew of the faid Bartho- j"cZZvaUbuZ
lomew Zuberbuhler, to hold to him the faid Bartholomew Waldburger, his heirs andKcr,deccased"
aftigns forever. And as to the perfonal eftate of the faid Bartholomew Zuberbuhler,
it ill all go to and be equally divided amongft the faid Bartholomew Waldburger, Ja-
cob Waldburger, and Henrietta, the wife of Zachariah Hofkins, fons and daughter
of the deceafed Jacob Waldburger, being the grand nephews and niece of the faid
Bartholomew Zuberbuhler, and to their and each of their heirs and aftigns forever,
any law to the contrary notwithftanding; fubjefcl neverthelefs to the payment of law-
ful and juft debts due and owing from the eftate of the faid Bartholomew Zuberbuh-
ler; and fuch eftate to be aflets in the hands of the faid Bartholomew and Jacob
Waldburger, and fubjeft alfoto an annuity of one hundred pounds for four years, Ja$£?nt°ofhe
payable to the truftees "of the academy of the county of Chatham, to be applied for pounds to the
by them and their fucceffors in office for the fupport of the faid academy : on failuretrustee*-
thereof, the truftees aforefaid are empowered to fue for and recover the fame againft
the faid Bartholomew and Jacob Waldburger, in any of the courts of law within this
ftate. ia,ms
2. And he it further enabled) That all claims of the faid truftees of Chatham coun- ^;Z™!tes3
ty in and to the faid eftate of the faid Bartholomew Zuberbuhler (except as to the
annuity herein direfted to be paid) fhall be and is hereby barred.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentative^
NATHAN BROWNSON, Pref dent of the Senate,
EDWARD TELFAIR, Governor.
December 8, 1791.
An actio explain an act, entitled " An act to eflahlifh an academy in the county of Chat-
ham, and for vefling certain property in Selina, countefs dowager of Huntingdon.
1. X If THERE AS there is in this ftate a confiderable property, real and perfonal, pnprobk.
V V known and diftinguifhed by the appellation of Bethefda College or Or-
phan-Houfe eftate, originally intended for an academy, and devifed in truft by the late
rev. George Whitefield for literary and benevolent purpofes, to Selina, countefs
dowager of Huntingdon, and the fame was, in and by an a6i, entitled " An aft to efta-
bliffi an academy in the county of Chatham, and for veiling certain property in Seli-
na, countefs dowager of Huntingdon," vefted in her accordingly: And whereas, the
faid Selina, countefs dowager of Huntingdon, was a Britilh fubjebl, and is, ftnee the
* paffing of the faid a£l, departed this life, whereby the faid truft is concluded, and the
566
UNIVERSITY, COLLEGE AND ACADEMY.
heirs of the faid Selina being likewife Britifh fubjeQs and non-refidents, are incapable
of receiving or executing the fame, and it therefore becomes neccffary for thelegilia-
ture to explain their intention refpefting the premifes, as well to effefl the end for
Otphan-hou^e which the fame was devifed, as to retmo\e ah doubts, in and concerning the fame: Be
Eount it enacted by the Senate and Houfe of Repreftnialives of the fate of Georgia in General
io"S^ch«her Afjembly met, That the true intent and meaning of the faid aft was, and the fame (hall
aatuniute. ^ con{jrueci to have been a veiling of the laid Bethefda College or Orphan-Houfe
eftate in the faid Selina, in truft for benevolent and literary purpofes, only during her
natural life, and no longer.
The property of 2. And be it further enabled, That the faid property both real and perfonal called
te'tl in thirteen 'Bethefda College, or Orphan-Houfe eftate, as afoiefaid, fhall from and after the paf-
tnuteci'for. under the infpedion of thirteen truftees, a majority of whom (hall
^thrgoyern-have power to employ fuch profeffors and tutors, and to eftablifh fuch rules and regu-
iedd^BScsC-al"^a^ons ^or admiffion into and the governance of the faid college, and to employ fuch
overfeers and managers for the working the faid eftate to advantage, and to do all.
other, and further acts and things in and concerning the fame as they may think ne-
ceffary and beneficial for carrying the original intention of the aforefaid inftitution
into full effe£l, to hold the fame, and the powers hereby veiled to the faid truftees
and their fuccelfors in office for ever,
incorparatcd. g. it further enabled, That the truftees hereby appointed, fhall be and
they are hereby declared a body corporate, and as fuch fhall be authorized to ufe a
proriso; common feal, and fhall be liable to fue and be fued. Provided, That no a&ion (hall
be brought againft the faid truftees for the term of two years after the paffing of this
acl.
Trusfcets nomi- 4. And be it further enabled, That George Houftoun, William Stevens, William
*c> Gibbons, fen. Jofeph Haberfiiam, Jofeph Clay, junr. William Gibbons, junr.
John Morell, Jofiah Tatnall, junr. John Milledge, James Whitefield, junr. George
Jones, Jacob Waldburger, and James Jackfon fhall be, and they are hereby ap-
vacancies pointed truftees for the purpofes hereby intended; and in cafe of vacancy either by
death, refignation or other means, the faid truftees or a majority of them, (hall bal-
lot for three perfons, out of whom his excellency the governor (hall felefl one to fill
the fame.
$haii account 5- ** further enabled, That the faid truftees, or a majority of them, (hall
tt?cg!v6nSr. once in every year well, truly and faithfully account for, and have their accounts, re-
ceipts, and expenditures, in and concerning the premifes, audited, and the fame with
a copy of their proceedings, laid before the governor for public information.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentativest
NATHAN BROWNSON, Prcfxient of the Senate,
EDWARD TELFAIR, Governor.
December ao,
UNIVERSITY, COLLEGE AND ACADEMY.
An act for ejlabiijhing an academy or feminary of learning at Sunbury in the county of
Liberty.
.1. "W T* HERE AS the legiflature in compliance with the conflitution, and from the
W great advantages that necefiarily refult from the eftablilhment of public
faiinaries, did by their refolve of the fourteenth of February, one thoufand feven
hundred and eighty-fix, appropriate or fet apart unfold conhfcated property, in the
county of Liberty aforefaid, to the amount of one thoufand pounds, and empower
certain commiflioners therein named, to fell and difpofeof the fame for the faid pur-
pofe, who have hitherto declined afling under the faid appointments. Be it there- Commls,5nn f
fort enacted by thefreemen of the. fate of Georgia in General AJfembly met, and by the an- of
thority of the fame, That Abei Holmes, James Dunwoody, John Elliot, Gideon
Boufe, and Peter Wynn, be, and are hereby appointed commiflioners of the Sun- pfoPce0r^coThc
bury academy, with full power and authority for them, or a majority of them to fell thousand
and difpofe of any confiicated property within the county of Liberty, at public fale, Ssc.Ildsforits
firft giving thirty days' notice in one of the gazettes of this ftate, to the amount of
one thousand pounds as aforefaid, which fliali remain in their hands, to beappropria-
ted to the building a fu-itable houfe for the faid academy.
2. And be it further enafled, That each of the faid commiflioners {hall previous
to their adding, give bond to his honor the governor for the time being, in the fum*1" governor,
of one thoufand pounds, for the faithful difcharge of faid truft, and for their re-
turning into the public treafury of this ftate, any monies arifing from the faid fale of
confifcated property which may remain in their hands over and above the fum by this
a& vefted in them.
NATHAN BROWNSON, Speaker.
Augufta, February 1, 1788.
An act for erecting and ejlabiijhing an academy in the town of Louifuille, and for other
purpofes therein mentioned.
WHEREAS it is of the greateft utility and importance in all well regulated gov-PrcambIe«
ernments, to encourage and promote the education of youth, and the promo-
tion and advancement of ufeful learning. And whereas there is not at this time
any academy eftabliflied for the purpofes aforefaid in the faid town.
1. Be it therefore enacted by the Senate and Houfe of Reprefeniatives of the jlate of%SSai™®*4
Georgia in General AJfembly met, and by the authority of the fame, That the rev . Louitvilla. ^
David Bothwell, John Shellman, James Meriwether, John Cobbs, and Jofiah
Sterrett, be, and they are hereby appointed commiflioners for carrying into efleH
the intention of this aft, as is hereafter pointed out.
2. And be it further enacted by the authority aforefaid, That the faid commiflioners Empowered
of Louifville be and they are hereby direfted, to lay out forty acres of the land re-sc cerWin os'
Terved for the faid academy, and belonging to the faid town of Louifville, into four
acre lots, and alfo one acre lot for erefiing the faid academy on, and deliver a plan
thereof to the commiflioners or truftees of the faid academy, who are hereby autho-
rized and empowered to fell the faid four acre lots to the higheft bidder, and {hall con-
5 S3
VAGABONDS,
vcy the fame to the purchafer or purchafers in a full and ample manner, expreffing in
the deed or conveyance the intention of the fale of fuch lots.
Andto'tmrciuse 3' And whereas, other counties of the faid ftate have been empowered by preceding
iXmdTworti» legiflatures to purchafe confiscated property to the amount of one thoufand pounds,
property.6""1 for the purpofe of erecting academies: Be it therefore further enacted ly the authority
aforefaid, That the faid commiffioners or truftees of the faid academy be and are
hereby authorized in like manner, to purchafe fuch confifcated property atthefirft fale
,or fales that may take place, to the amount of one thoufand pounds, and apply the
fame as heretofore directed.
Vowe?toma 4' ^n^ ^e it farther enabled by the authority aforefaid, That the faid commiffioners
gtacademy, or truftees of the faid academy be, and they are hereby authorized and empowered,
as foon as they fhall be enabled by the fund arifing from the fale of the aforementioned
four acfe lots and confifcated property, to erect on the faid one acre lot that fhall be
•laid out on the moft eligible place and convenient fituation for that purpofe, a building
commodious and proper to anfwer the intention of this act, as an academy aforefaid,
and to enter into fuch contracts for erecting the fame, as may be thought mod advan-
tageous for the faid fund by a majority of the faid commiffioners, and further to pro-
cure and agree with proper mailers and profeifors for the teaching, inftrutling and
ruling the fame, and to inilitute fuch bye-laws for the increafing the faid fund and
better governing the faid academy, as to the faid commiffioners jnay appear belt adap-
ted for the purpofes aforefaid.
shiuacMunt 5. And be it farther enacted by the authority aforefaid, That the faid commiffioners
ths|oyernor^or truftees fhall, yearly and every year, render a juft and true account of the fund of
■displaced. the faid academy to the governor for the time being, or his fucceffors in office, for ex-
amination, and if found guilty of mal-pra£lice, fuch offending commiffioners fhall
be difplaced, and others appointed for that purpofe in his or their room.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident «f the Senate.
Concurred February 22, 1796.
JARED IRWIN, Governor.
f
VAGABONDS.
An act to amend an act entitled " An act for the punifiment r/ vagabonds and other
idle and dijorderly personspaffed the twenty rninth day of February, one thoufand
feven hundred and fixtyfour,
hcamwe. 1. T/f 7" H ERE A S divers idle and diforderly perfons, having no vifible eftate or
V V lawful employment, and who are able-bodied men, capable of laboring
for their fupport, yet frequently ftroll from divers parts of the world to this ftate,
and from one county to another within the fame, neglefting to labor or to follow any
honeft employment for their fupport, and either failing altogether to lift themfelves as
tithables, or by their idle and diforderly life rendering themfelves incapable of paying
VAGABONDS.
their levies whetl lifted, by which means they become a peft to fociety: for remedy
Whereof, Beit enacted by the reprefentatives of the freemen of the fate of Georgia in
General Ajfembly met, and by the authority of the fame, That all able-bodied perfons, Pcrsons ie,m.
not having fome vifible property, or who do not follow Tome honeft employment, tdva*Vjonc's'
fufficient for the fupport of themfelves and for their families (if any), and who fhall
be found loitering and negleBing to labor for reasonable wages, and likewife all per-
Tons who run from their habitations, and have wives or children, withoutYuitable
means for their fubfiftence, and all other idle vagrants or diforderly perfons, wan-
dering abroad without betaking themfelves to fome lawful employment or honed la-
bor, fhall be deemed and adjudged vagabonds.
2. And be it enabled by the authority aforefaid, That if any fuch vagabonds as howu,be
aforefaid (hall be found within any county in this date, wandering, drolling, loiteringtrcated'
about or mifbehaving himfelf, it diall be lawful for any judice of the peace of the
county, on application to him made or on his own knowledge, and he is hereby re-
quired, by a warrant under his hand, to caufe fuch vagabond to be brought before Maytetak^
him, and to examine and inform himfelf, as well by the oath and examination of theup"
perfon apprehended, as of any other perfon or perfons whatfoever, or by any other
ways or means the judice dial! think proper, of the condition and circumdance of
the perfon or perfons fo apprehended, and if it fhall then appear that any perfon fo
apprehended is under the defcription of vagabonds within this aft, or if it doth ap-
pear upon trial that any fuch perfon doth not cultivate at lead three acres of ground
in fome grain or other, or that he is of fome mechanic trader and works at that trade
for his fupport, or that he is in fome honed employment engaged by the date or fome
citizen thereof of good fame, that then and in that cafe the faid judice {hall caufe
every fuch Vagabond to give bond with fufficient fecurity for his good behaviour, and
for his engaging himfelf to fome lawful calling or honed labor; and if he {hall fail to ly,toIabor*
give fuch fecurity to the fatisfaBion of the judice, then the faid judice is hereby re-
quired to commit him to the common jail of the county, there to remain until fuch or be corneal-
fecurity be given, or until the next fuperior court of the faid county; which court istcdt°Ja!l-
hereby empowered, if no fecurity be then offered, to bind fuch vagabond to fervice Maybe bound
pr wages for the term of one year; and fuch wages, after deduBing the charge of!So?wutt!
the profecution and hisnecefl'ary clothing, ffall be applied towards fupporting the fa-
mily of fuch perfon fo bound (if any) Or otherwife paid to the perfon himfelf after
his time of fervice is expired, in full of all other recompence or reward whatever;
but if any fuch vagabond be of fuch evil repute that no perfon will receive him into
fervice, in fuch cafe the court {hall order him a number of ladies, not exceeding thir- ^
ty-nine, to be well laid on his bare back at the public whippingpod, and then to be 2£y-nine ■
difcharged; and in both cafes every fuch vagabond flaall be afterwards liable to the
like profecutidn and punidiment for every offence of vagrancy whereof he fhall be
guilty as aforefaid: Provided neverthelefs, That any fuch vagrant or idle perfon upon proviso,
his inliding and taking the oath pointed out by law, and fully becoming a foldier in 0rinUlt<
the new levies, {hall be exempted from the punifliments heretofore and herein infliBx
ed by this aB.
3. And whereas it may be that fome evil difpofed perfons, after having committed
fome felonious crime againd the laws and good order of fome one of the dates of the
Union, and after heing apprehended and found guilty of the charge, fo 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 havefmte either broke jail or from the cudody of
3c
57°
VENDUES.
the officer, or have forfeited their recognizance, and have fled from the laws of the
ftate where the crime was committed and have come to this ftate for refuge, to the
criminals flee- great prejudice of the fame: Be it therefore enabled by the authority aforefaid, That
itut£°tobehaa-any perfon now within the limits of this ftate, or that may hereafter come within the
iondes?va8a" fame, who may have been found guilty of any felonious crime prior to his coming
teuKheVrt- within this ftate, fo far as to have been committed to jail for the fame, or to have been
bound in a recognizance to appear before any court of record for further trial, and
has fince broke jail or from the cuftody of the officer, or have forfeited their recog-
nizance, and fled from the laws of the ftate where the crime was committed and done,
in any fuch cafe the faid perfon or perfons ffiall be deemed and adjudged vagrants,
and fubjeft to all the pains and penalties expreffed in this law, and ffiall be confined
in jail until applied for by the executive authority of the ftate where the crime was
committed, or until the executive of this ftate ffiall find it convenient to fend fuch
offender or offenders under a fafe guard to the ftate where the crime was committed
and done.
By order of the Houfe.
N. BROWN SON, Speaker.
February i, 1788.
VENDUES.
An act for the better regulating of vendues within this fate.
preamble i. T"& "THEREAS it appears neceflary for promoting the revenue of the ftate, and
\ Y encouraging the commerce of the fame, that the fale of goods at public
vendue ffiould be fubject to better regulations than heretofore,
vendoemasters Be it therefore enacted, and it is hereby-enacted by the freemen of the [late of Georgia
^uryandstun* General AJfemblymet^ and by the authority of the fame, That from and after the paf-
Krtwooint"^is a&j four vendue mafters ffiall be appointed for the town of Savannah,
ycare. one forthetown of Augufta, one for the town of Sunbury, and one for the town of
lnd^ureityond Mary's, who ffiall continue for, and during the term of two years, and ffiall
• give bond tothe governor and his fucceffors in office with two fufficient fecurities in the
fum of one thoufand pounds for the faithful difcharge of their duties, and for well
and truly performing the terms and payments in and by this aft direfted and requir-
ed.
2. And be it further enabled by the authority aforefaid, That the faid vendue maf-
awiW ters and no others, ffiall from and after the paffing of this a£l, have full power and
authority to fet up and expofe to fale by public outcry, and vendue all and any hou-
fes, lands, fhips and veftels, goods and wares and merchandize and property what-'
Shall pay into foever, rendering and paying to the ftate treafurer for the ufe of the ftate, one per
onlp«a«nton centum of the grofs amount of the fale fo by him or them made as aforefaid, in man-
ner following, that is to fay, that each and every of the faid vendue mafters, ffiall once
VENDUES.
in every three months render an account upon oath to the faid treafurer (which oath
any judge or juftice of the peace is hereby empowered to adminifter; and the trsa-
furer is hereby directed to file the fold account with the faid oath in his office) of all
the effehls and property by him or them fold at any time before the laid time of ren-
dering the faid account, and fince his laft fettlement, and fhall then immediately pay
to the faid treafurer the full amount of the faid one pound in the hundred pounds up-
on the account ; and upon any failure in rendering the faid account upon oath, or of Penalty f?r mi-
payment of the faidfumof one per centum, any vendue mailer, fo failing or neg-B,ctlerc,n'
jelling, fhall be difcharged from the appointment, the bond put immediately in fuit,
and fome other perfon appointed in his room ; and if any perfon or perfons other ££g.p"c0"n'
than the faid vendue matters ffiall be found felling or difpofing of any houfes, lands, sii.i^ceY&gfl
(hips or veffels, goods wares merchandize or property whatfoever, within the towns of dretl dollars for
Savannah, Augufta, Sunbury or St. Mary's, or within two miles of the fame, except as poo".'"ot lhc
herein after excepted by way of public vendue or auftion, each perfon or perfons fo
offending and being legally convi&ed, ffiall for every fuch offence forfeit the fum of
one hundred pounds to theufeof the poor of the county where fuch offence ffiall be
committed; and moreover it fhall and may be lawful for any juflice of the peace
of the towns refpe£tively. upon his own view, or the teflimony and informa-
tion of one or more creditable witneffes to him given of any perfon felling any lands,
fhips or veffels, goods, wares, merchandize or other property whatfoever, by way of
public auftion or vendue as aforefaid, except as by this a6l is excepted, within the
laid towms or within two miles of the fame, tocaufe fuch perfon fo offending to be ap-
prehended and may oblige him, her or them to find fureties for his her or their good An^^eca-
behaviour, and appearance at the next fuperior court to be held in the faid county
where the offence is committed.
3. And be it further enaBed, That if the party fo bound over, ffiall during the con-The!rrecogm-_
tmuance of his, her or their recognizance, prefume to fell, or expofe to fale at pub- ^tcd.llow for"
lie vendue as aforefaid, any lands, houfes, goods, wares, merchandize, or other pro-
perty whatfoever within any of the faid towns, or within two miles of the fame, fuch
felling or expofing to fale, fhall be deemed and is hereby declared to be a breach of
the faid recognizance.
• 4. Provided always, and it is hereby further maBed, That nothing herein contained Not
{hall extend or be conttrued to extend to hinder any lawful executor or executors, ad- teuton, I:.
miniftrator or adminiftrators to expofe to fale, by way of public auction, vendue or oth-
erwife, any lands,' tenements, goods or chattels or other property of their refpe&ive
teftators or inteftates, or to hinder any fheriff, conftable, or other officer, to fell
and difpofe of by way of vendue, any lands, houfes, ffiips, veffels or other proper-
ty whatever taken in execution and liable to be fold by .order of law, but that all and
every fuch perfon or perfons may do therein as they might have done, any prohibi-
tion in this or any former law contained to the contrary notwithllanding.
And be it further enaBed by the authority aforefaid, That no vendue (hall ~be Thc7 shaii
held by any vendue matter in the diftrift of any other vendue matter, and that their SSs.aftheir
fees or recompence for felling at public vendue, colle&ing the money, and paying
over the fame without lofs or watte {hall be as follows ; for houfes, lands, negroes, thc5r cam?ej|_
~ fhips, floops, fchooners and other veffels two and a half per centum, and for all oth-6atkm-
er goods and property whatfoever five per centum.,
6. And be it further enaBed by the authority aforefaid, That if any vendue matter Monte, tc how
(kail neglect or refufe to pay over the monies arifing from the fales of any houfes <°fth reo
lands, goods, wares, merchandize or any other property fold as aforefaid, either at
57*
VENDUES.
private fale, or public au&ion, to the owner of the fame, or his or her legal repre-
fentatives, within a reafonable time after demand made, and after the fale of the prop-
erty aforefaid, all fuch debts due by fuch vendue mailer ffiall be conlidered as com-
ing under, and may be fued for and recovered from them or their fecurities, as in ca-
Fes of courts merchants.
K?!ing 7* ^nd ^e it farther enabled, That all laws heretofore made and ena&ed fo far as
they relate to vendues, be and they are hereby repealed.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 8, 1794.
GEORGE MATHEWS, Governor.
An act refpecting vendue mafers.
preamble. 717HEREAS it hath been determined by a joint refolution of both branches
V V of this prefent legiflature, that it is neceflary to increafe the number of ven-
due mailers for the city of Savannah, and to appoint others for other places in this
sixvendue ^ate : Be ^ enabled, That there ffiall be fix vendue mailers for the city of Savan-
tedforssfvan-" nah, to wit, the fame that were elefled by joint ballot of both houfes on Tuefday
the twenty-fourth day of January pall, and who fhall in every refpefl proceed and
condu£l themfelves in conformity to the terms of the a£l for regulating vendues,
pa{fed the eighth day of December one thoufand feven hundred and ninety-four,
for and during the time they may continue in office.
®ue for Aueus- 2. And be it farther enabled, That there fhall be one vendue mailer for the town
lather°?iaceS?&of Augufla; onh for Louifville; one for St. Mary's; one for Waffiington in
Wilkes; one for Peterffiurgh; and two for Liberty county; who fhall be appointed
by concurred refolution of both houfes, and in all matters fhall conform to the afore-
laid a£l for regulating vendues,
corporation of 3. And be it farther enabled, That the mayor and aldermen of the city of Savan-
tiSSlIna^ ke' an<^ they are hereby authorized, after the expiration of one year from the
tccurity. firll day of March next, to appoint vendue mailers for the city of Savannah annu-
ally; and are required to take bond ^nd fecurity'of fuch vendue mailers, agreeably
to the a£l for regulating vendues aforefaid, which bonds they ffiall tranfmit to the
treafury office; and the faid mayor and aldermen ffiall fill all vacancies which may
happen of vendue mailers" either from death, refignation, fufpenfion or removal
from office, by the governor or otherwife.
In other places 4. And be it farther enabled, That the j ullices of the inferior court in every other
ly thepFSor county, where vendue mailers are dire&ed by law to be appointed, to appoint such
cours' vendue mailer, take bond and fecurity, and fili all vacancies which may happen in
like manner, as the mayor and aldermen are authorized to do for the city of Sa«
vannah.
Tax on certain 5. And be it farther enacted, That the tax on all lots in the city of Savannah,
iahfcBiitS. from which the improvements have been deilroyed by the late dreadful fires, (ex-
WESTERN TERRITORY.
57 3
cept fuch as may halve been infured, to be eflablifhed by the oath of the owner, agent
or truhee for the year one thoufand feven hundred and ninety-fix, and one thoufand
feven hundred and ninety-feven) be remitted.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate,
Concurred February 13, 1797..
JARED IRWIN, Governor.
WESTERN TERRITORY.
An aB, declaring null and void a certain ufurped aB, paffed by the lafi legiflature of
this fate at Augujla, on the feventh day of January, one thoufand feven hundred and
ninety-five, under the pretended title of " An aB fupplementary to an aB, entitled an
aB for appropriating apart of the unlocated territory of this fiate for the payment of
the late fiate troops, and for other purp ofes therein mentioned; declaring the right of
this fiate to the unappropriated territory thereof for the proteBion of the frontiers,
and for other purpofes:" And for expunging from the face of the public records the
faid ufurped aB, and for declaring the right of this fiate to all lands lying within the
boundaries therein mentioned,
1. T 71 7 HERE AS the free citizens of this hate, or in other words the community Preamble.
V V thereof, are effentially the fource of the fovereignty of the hate, and no
individual or body of men can be entitled to, or veiled with any authority which is
not exprefsly derived from that fource, and the exercife or affumption of powers
not fo derived, become of themfelves oppreffion and ufurpation; which it is the right
and duty of the people in their reprefentatives to refill, and to rellore the rights of
the community fo ufurped and infringed :
And whereas the will or conhitution of the good people of this llate is the only
exilting* legal authority derived from the elfentlai fource of fovereignty, and is the on-
ly foundation of the legillative power or government thereof, and fo far as that will
or conllitution exprefsly warrants the legiflature may go but no further; and all con-
ftruftive powers not necelfarily deduced from thft exprehive will, are violations of
that eflential fource of fovereignty, and the rights of the citizens, and are therefore
of no binding force or effeft on the hate, or the good people thereof, but null and
void :
And whereas the lah legiflature of this hate not confining itfelf to the powers with
which that body was conhitutionaily invehed, did ufurp a power to pals an a£t on
the leventh day of January one thoufand feven hundred and ninety-five, entitled
" An a£l fuplementary to an act entitled an a£l for appropriating a part of the unlo-
cated territory of this hate, for the payment of the late hate troops and for other
purpofes therein mentioned, declaring the right of this hate to the unappropriated
territory thereof, for the protection and fupport of the frontiers, and for other pur-
pofes;" by which an enormous tract of unafcertained millions of acres of the vacant
territory of this hate; was attempted to be difpofed of to a few individuals in fee
WESTERN TERRITORY.
fimple, and the fame is not only unfounded as being without exprefs conftitutional
authority, but is repugnant to that Authority as well as to the principles and form of
government, the good citizens of this ftate have chofcn for their rule, which is
democratical;; or a government founded on equality of rights 5 and which is totally
oppofed to all proprietary grants or monopolies in favor of a few, which tend to
build up that deftruftive arillocracy in the new, which is tumbling in the old world;
and which if permitted, muft end in the annihilation of democracy and equal rights;
thofe rights and principles of government which our virtuous forefathers, fought for,
eftablilhed with their blood.
And whereas the fourth fe&ion of the fourth article of the conftitution of the
United States declares, " The United States fhall guarantee to every ftate in this
Union a republican form of government,"" which could never have been intended to
be a republican arillocracy $ and which fuch extravagant grants tend to eftablifh ; the
conftitution of the United States exprefsly acknowledging a republican democracy
as the foundation of the people, it receiving all its force and power from their hands
or their gift, which is manifeft from its context, " We, the people of the United
States;"
And whereas, as before mentioned, the faidufurped a£1 is repugnant totheconfti-
tutional authority, inafmuch as that, by the fixteenth fe£lion of the firft article of
the conftitution of this ftate, it is declared, " That the General Affembly fhall have
power to make all laws and ordinances which they fhall deem necefiary and proper for
the good of the ftate, which fhall not be repugnant to this conftitution," And the
faid ufurped a£l is oppofed to the good of the ftate, and it is felf-evident that the le-
giflature which aftumed the power did not deem it for the good of the ftate,
ill. Becaufe felf-prefervation or the prote&ing itfelf, is the greateft good and firft
duty of every government, and, as has been ftjewn, imfaerife monopolies of land by
a few individuals, under the fAn£lion of the government, is oppofed to the principles
of democracy, or the fundamental laws the citizens of this ftate have chofen for their
rule, which, fo far from being for the good or felf-prefervation of the democratical or
equal government, is molt manifeftly for its deftru&ion and injury,
2d. Becaufe the expreflion " Good of the ftate" embraces the good of the citizens
compofing the ftate, and the good of the citizens confifts in the peaceable purfuit of
happinefs, and the enjoyment of all rights, natural or acquired, not exprefsly dele-
gated for the purpofes of government; and a fale of fuch an enormous tra£l a few
fpeculators, which was and is the common right of all the good citizens of this ftate,
is contrary to thofe rights, and therefore to their manifeft injury, and of courfe to the"
injury of the ftate.
3d. Becaufe even fuppofmg conftitutional authority to have been veiled in the le-
giflature for the purpofe of fuch difpofal, the legiflature was not veiled with power
to transfer the fovereignty and jurifdiftion of the ftate over the territory attempted to
be difpofed of, which it has done by opening a door for fale to foreign powers, and a
relinquilhment of the powers of taxation until the proprietors choofe to be reprefent-
ed, which js in fa£l difmembering the ftate, and which transfer and relihquillrment of
taxation cannot be for the good of the ftate,
4th. Becaufe there was no neceffity or preffing urgency for the fale of fuch an im~
menfetraft; of territory, equal to fome European kingdoms, to carry into execution
and operation the extinguifhment of the, Indian claims to the lands between the Oco-
nee and Oakmulgee, contemplated b/the aQ, entitled "An a6l for appropriating a
part of the unlocated territory of this ftate for the payment of the late ftate troops,
WESTERN TERRITORY.
and for other purpofes therein mentioned," the fubterfuge on which the faid ufurped
a£t of the feventh of January, one thoufand feven hundred and ninety-five, was
founded, when the whole amount of the appropriation for that purpofe was but
thirty thoufand dollars, and funds to a greater amount were then in the treafury un-
appropriated: And becaufe no ftate or nation is juftified in wantonly dilfipating its
property or revenues, and a legal alienation of which can only take place from the
molt prefling necefiity; and the territory attempted to be difpofed of, was the faid
ufurped law valid, was wantonly diffipated, it being difpofed of for the trifling fum
of five hundred thoufand dollars, a fum not adequate to the annual quit rents fuch
lands were charged with, previoufly to the revolution, by the Britilh king; which
"wanton diflipation cannot be for the good of the ftate.
5th. Becaufe, exclufive of the immenfe lofs of revenue to which the ftate is expo-
fed from the relinquifhment of taxation, the fum of five hundred thoufand dollars
was accepted as the confideration money for the fale, and the fum of eight hundred
thoufand dollars offered by perfons of as large a capital and as much refpeblability
and credit, and on terms more advantageous to the ftate, was refufed; which, as it
was (fhould the faid ufurped a£l have been confidered valid) a clear lofs of three hun-
dred thoufand dollars to the revenues of the ftate, it is evident that the law authori-
zing the fale was not deemed by the legiflature for 44 The good of the ftate," which
con lifted in obtaining the higheft price and the mod advantageous terms.
6th. For the very excellent reafons given by his excellency the governor in his
diffent to the firft bill for thedifpofal of the faid territory, delivered to the Houfe of
Reprefentatives on the twenty-ninth of December, one thoufand feven hundred and
ninety-four, and which bill was not materially different from the a61 in queftion ; and
whicirreafons prove, that his excellency as a negative branch of the legiflature, al-
though he concurred in the law, did not deem it for 44 The good of the ftate," and
which diffent was in the words following :
ill. I doubt whether the proper time is arrived for difpofing of the territory in
queftion.
2d. If it was the proper time, the fum offered is inadequate to the value of the
land.
3d. The quantity referved for the citizens is too fmall, in proportion to the extent
of the purchafe.
4th. That greater advantages are fecured to the purchafers than to the citizens.
5th. That fo large an extent of territory being difpofed of to companies of indi-
viduals, will operate as monopolies, which will prevent or retard fettlements, popu-
lation and agriculture.
6th. That fhould fuch difpofition be made, at leaft one fourth of the lands fhould
be referved for the future difpofal of the ftate.
7th. That if public notice was given, that the land was for fale, the rivalfhip in
purchafers would molt probably have increaled the fums offered.
8th. The power given to theexecutne by the conftitution, the duty I owe the
community and the facrednefs of my oath of office, will I flatter myfelf, Juftify this
diffent in the minds of the members of the legiflature, and of my other fellow citi-
zens.
And whereas the faid ufurped a£l paffed on the feventh day of January, one thou-
fand feven hundred and ninety-five, is alfo regugnant to the afore recited fixteenth
feftion, inafmuch as it is regugnant to the feventeenth or fubfequent feflion of the faicl
firft article; which declares: 44 They (the legiflature) fhali have power to alter the
WESTERN TERRITORY*
boundaries of the ptefent counties, and to lay off new ones, as well out of the crtilri*
ties already laid off, as opt of the other territory belonging to the ftate. When a
new county or counties nia.ll be laid off out of any prefent county, or counties, fuch
new county or counties fhall have their teprefentation apportioned out of the num-
ber of reprefeptatives of the county or counties out of which it or they (hall belaid
our, and when any new county fhall be laid off in the vacant territory belonging to
the ftate, fuch county fhall have a number of reprefentatives not exceeding three,
to be regulated and determined by the General Affembly." And the territory difpo-
fed of not lying within the limits of any county already laid off, and a fale and grant
thereof, fhould the faid ufurped law be deemed valid, having been made it could not
be defined the vacant territory belonging to the ftate, whereby the conftitutional pow-
ers vcfted in the General Affembly by the faid feventeenth fehlion would be barred
and prevented, and confequcntly the fettlers on the territory fold, be deprived of the
conftitutional right of reprefentation, and is not only thus repugnant to the faid" fix-
teenth and feventeenth feftions, but thereby and by the relinquifhment of the right of
taxation* until the fettlers were reprefented, which they cannot conftitutionally be, is
alfo repugnant to the whole letter and fpirit of the conftitution, it operating as a dere-
liflion of jurifdiriional rights, and a virtual difmemberment of the ftate.
And whereas in and by the articles of confederation entered into and finally rati-
fied on the firft day of March one tboufahd feven hundred and eighty-one, by the
then Thirteen States of America, the territory within the limits of each of the faid
dates is to each of them refpe&ively confirmed and guaranteed, firft by the fecond
article, to wit: 44 Each ftate retains its fovereignty, freedom and independence, and
tvery power, jurifdiflion and right, which is not by the confederation exprefsly de-
legated to the United States in congrefs affembled." ^And fecond by the laft claufe
in the fecond fe&ion of the ninth article, 44 No ftate fhall be deprived of territory
for the benefit of the United States:" And in and by the firft claufe of thefixthar-
ticle of the federal conftitution of the United States, 44 All engagements entered into
before the adoption of'the faid conftitution, fhall be as valid againft the United States
under the faid conftitution as under the confederation:" And by the twelfth article of
the amendments to the faid conftitution, ratified and adopted, 44 The powers not fie-
legated to the United States by the conftitution, nor prohibited by it to the ftates, are
referved to the"ftates refperiively, or to the people."
And whereas in and by the definitive treaty of peace, figned at Paris on the third
of September, one thoufand feven hundred and eighty-three# the boundaries of t'he
United States were eftablifhed, and the faid United States fully recognized andac^
knowledged by the firft article thereof, in the words following: 44 His Britannic ma-*
jefty acknowledges the faid United States, viz. New-Hampfhire, Maffachufetts-Bay,
Rhode-Ifland, Conne&icut, New-York, New-Jerfey, Pennfylvania, Delaware, Ma-
ryland, Virginia, North-Carolina, South-Carolina and Georgia, to be free, fovereign
and independent ftates; that he treats with them as fuch, and for himfelf, his heirs and
fucceffors, relinquifhes all claims to the government, proprietary and territorial rights
of the fame." And by the fecond article it is declared: 44 And that all difputes which
might arife in future on the fubjeft of the boundaries of the faid United States may be
prevented, it is agreed that the following are and fhall be their boundaries." And
thofe boundaries thereby declared, which limit the weftwardly and fouthwardly parts
of this ftate, are thus defined : 44 Along the middle of the Miffifippi until it fhall in-
terfefl the northernmoft part of the thirty-firft degree of north latitude; fouth by a
line drawn due eaft from the termination of the line laft mentioned in the latitude of
WESTERN TERRITORY.
ibirty^qfte degrees nortli df the equator, to the middle of the river Appalachians or
Chatahoochee; thence along the middle thereof, to its junftion with Flint River;
thence ilraightto the head of St. Mary's River; and thence along the middle of St..
.Mary's River to the Atlantic Ocean." And the king of Great Britain did, by pro-
clamation dated the feventh day of Oftober, in the year one thoufand feven hundred
and fixty-three, annex to the then province of Georgia, all the lands lying between
the faid river St* Mary's and the Alatamaha, its former boundary claimed by South-
Carolina under her charters; and the (late of South-Carolina, in and by a conven-
tion held and concluded between the commiflioners of the faid ftates, at Beaufort,
under the authority and articles of the confederation, on the twenty-eighth day of
April, in the year one thoufand feven hundred and eighty-feven,- did confirm to the
ftate of Georgia the fouthward and weftwardly boundaries defcribed in the (aid treaty
of Paris, by acceflion and relinquishment of all right, title and claim which the faid
ftate poffefled from the original charter thereof to the government, fovereignty and
jurifdiftion in and over the fame, and alfo the right of pre-emption of the foil from
the native Indians, and aft other the eftafe, property and claim in or to the faid land;
and the boundaries fo defcribed alfo coincide with the boundaries of this ftate, as de*
fcribed by the land aft of this ftate now in force, pa (Ted at Savannah the feventeenth
qf September, in the year one thoufand feven hundred and eighty-three (except
as to the northern boundary of the ftate) which by the (aid convention is thus efta-
bliftied and ratified by thefirft article thereofi " The moft northern branch or ftream
of the river Savannah, from the fea or mouth of fuch ftream to the fork orconflu-
ence of the rivers now called Tugalo or Keowee, and from thence to the moft north-
ern branch or ftream of the faid river Tugalo, till it interfefts the north boundary of
South-Carolina, if the faid branch or ftream of Tugalo extends fo far north, refer-
ving all the iflands in the faid rivers Savannah and Tugalo, to Georgia; but if the
head fpring or fource of any branch or ftream of the faid river Tugalo does not ex-
tend to the north boundary of South-Carolina, then a weft line to the Miftifippi.
And whereas, until the formation of the confederation there could poftibly belong
to no territorial rights to the United States, nor after fuch formation within the char-
tered limits of, any ftate, but fuch as were fpecially ceded and relinquifhed by the
refpeftive ftates; and the people of the ftate of Georgia have by no aft of theirs, or
in any manner or fhape whatever, transfered or aliened or delegated a power to trans-
fer or alien the territory attempted to bedifpofed of by the faid ufurped aft pa fled on
the feventh of January, in the year one thoufand feven hundred and ninety-five, and
the fame and eyery part thereof is hereby declared to be vefted in the ftate and people
thereof, and inalienable, but by a convention called by the people for that exprefs
purpofe, or by fome claufe of power exprefted by the people delegating fuch ex-
prefs power to the legiflature in the conftitution.
And whereas divefted of all fundamental and conftitutional authority which the
faid ufurped aft might be declared by its advocates, and thofe who claim under it,
to be founded on : Fraud has been praftifed to obtain it, and the grants- under it.
And it is a fundamental principle both of law and equity, that there cannot be a wrong
without a remedy, and the ftate and the citizens thereof have fuftered a moftgriev-
ous injury in the barter of their rights by the faid ufurped aft and grants, and there
is no court exifting if the dignity of the ftate would permit her entering and for the
trial of fraud and collufion of individuals, or to conteft her fovereignty with them,
whereby the remedy for fo notorious an injury could be obtained; and it can no where
57*
WESTERN TERRITORY:;
better lay than with the representatives of the people chofen by them, after due pro-
mulgation by the grand juries of mod of the counties of the ftate, of: the means
praflifed, and by the reinonftrances of the people to the convention, held on the
tenth day of May, in the year one thoufand feven hundred and ninety-five, Setting
forth the attrocious fpeculation, corruption and collufion, by which the faid ufurped
afl and grants were obtained. ■
And whereas the faid petition and reinonftrances of the good people corapoffng
the ftate, to the faid late convention held at Louifville on the faid tenth day of May 4
one thoufand feven hundred and ninety-five, produced a refolution of that body in
the following words : 44 Refolved, That it is the opinion of the convention, that front
the numbers, refpefiability, and ground of complaint ftated in the fundry petitions
laid before them, that this is a fubjeQ of importance meeting legiflative deliberation!
Ordered therefore, That fuch petitions be preferved by the fecretary, and laid .before
the next legislature at their enfuing feffion." Which refolution invefts this legiflature
with conventional powers quo ad hoc, or in common terms, for the purpofe of mvef-
tigating the fame, and which gives additional validity to legiflative authority, wep the
powers of one legiflature over the afts of another' to be attempted to be queftipned.
And whereas it does appear from fundry affidavits and a variety of proofsTatisfac*
tory to this legiflature, as well as from the prefentments of the grand juries on oath,
of a confiderable majority of the counties of the ftate, and by the afore recited pe-
titions and remonftrances of the good people thereof to the convention, and by nu-
merous petitions to this prefent. legiflature to the fame purport, as alfo from the
felfevident proof of fraud, arifmg from the reje&ion of eight hundred thoufand
dollars, and the acceptance of five hundred thoufand dollars, as the copfideration
money for which the faid territory was fold; that fraud and corruption are praflifed
to obtain the faid aft and grants, and that a majority of thofe members of the legif-
lature, who voted in favor of the aforefaid aft were engaged in the purchafe, and a
majority of one vote only appeared in favor of the faid ufurped aft in Senate, and
on which majority in that branch the fame was paffed, and corruption appears againft
more than one member of that body; which exclufive of the many deceptions ufed,.
and the inadequacy of price for fuch an immenfe and valuable traft of country, would
be fufficient in equity, reafon and law to invalidate the conxraft, even, fuppofing it
to be conftitutional, which this legiflature declares it is not. •:
Tteaftofdfe. Be it therefore enacted, That the faid ufurped aft, paffed on the feventh day ojF
janiiaTy? in tae year one thoufand feven hundred and ninety-five, entitled . * 44 An
foundtd^weiSupplementary to an aft entitled an aft for appropriating a part of the un located
ruiundTcid, territory, of this ftate, for the payment of the late ftate troops and for other purpd-
fes therein mentioned; declaring the right of this ftate to the unappropriated territory,
thereof, for the protefiion of the frontiers, and for other purpofes," be, and the
fame is hereby declared null and void, and the grant or grants, right or rights,
claim or claims, iffuing deduced or derived therefrom, or from any claufe, letter or
fpirit of the fame, or any part of the fame, is hereby alfo annulled, rendered void^
and of no effeft; and as the fame was made without conftitutional authority, and
fraudulently obtained, it is hereby declared of no binding force- or effeft. on thk
ftate or the people thereof; but is and are to be confidered both law and grants as
they ought to be ipfo fafto of themfelves void, and the territory therein mentioned
is alfo hereby declared to be the fole property of the ftate, fubjefl only to the right of
* This ad alfo declared void by the conftitution of the ftate.
WESTERN TERRITORY.
treaty of the United States, to enable the ftate to purchafe under its pre-emption the
right-Indian title to the fame.
-"2. And be it'further enaBed, That within three days after the palling of this aft And ordered t#
the different branches of the legiflature lhall affemble together, at which meeting the^oSput
officers ffiall attend with the feveral records, documents and deeds in the fecretary's,llcream1*-
furveyor general's and other public offices, and which records and documents lhall
then arid'there be expunged from the face and indexes of the books of record of the
ftate, and the enrolled law or ufurped aft lhall then be publicly burnt,* in order that
no trace of fo unconftitutional, vile and fraudulent a tranfaftion, other than the in-
famy attached to it by this law, lhall remain in the public offices thereof, and it is
hereby declared the duty of the county officers of record, where any conveyance,
bond or other deed whatever, lhall have been recorded, relating to the fale of
faid territory under the faid ufurped aft, to produce the book wherein the faid deed,
bond or conveyance may be fo recorded, to the fuperior court at the next feffion of
the court after the palling this law, and which court is hereby directed to caufe fuch
clerk or keeper of the public records of the court to obliterate the fame in their pre-
fence; and if fuch clerk or keeper of records negleft or refufe fo to do, he lhall be
and is hereby declared incapable of holding any office of truft or confidence in this
ftate, and the fuperior court ffiall fufpend him: And from and after the paffing of
this aft, if any clerk of a county, notary public or other officer keeping re-
cord, ffiall enter any tranfaetion, agreement, conveyance, grant, law or contrabl
relative to the faid purchafe under the faid ufurped aft on their books of record,
whereby claim can be derived of authority of record, he or they ffiall be rendered in-
capable of holding any office of truft or profit within this ftate, and be liable to
a penalty of one thoufand dollars, to be recovered in any court within and under
the jurifdiction of this ftate; one half thereof to be given for the benefit of the
informer, and the other half to be lodged in the treafury for the ufe of the com-
jndnwealth,
3. And be it fuj-ther enaBed, That the faid ufurped law paffed on the feventh ofS^Sb"^'
January, in the year one thoufand feven hundred and ninety-five, lhall not, nor denee to estab-
ffiall any grant or grants iffued by virtue thereof, or any deed or conveyance, the said tern-
agreement or contract, fcrip or paper relative thereto, be received as evidence intory'
any court of law or equity of this ftate, fo far as to eftabliffi a right to the faid
territory or to any part thereof: Provided, That nothing herein contained ffiall bePr®vis®'
conftrued to prevent fuch deed or conveyance, agreement or contract, between
individuals, fcrip iffued by the pretended purchafers, or other paper from being re-
ceived as evidence in private actions for the recovery of any monies given, paid or
exchanged, as the confideration for the pretended fales by the original pretended
purchafers or perfons claiming and felling by and under them.
4. Amd he it further enaBed, That his excellency the governor be, and he is here- Money paid
by empowered and required to iffue warrants on the treafurer after the expiration of{iow^V^re-ry
fixty days in favor of fuch perfons as may have bona fide depofited monies, bank tumed
bills, or ftock in the funds of the United States or warrants, in part, or in whole pay-
ment of pretended ffiares of the faid pretended purchafed territory ; Provided, The proviso-
fame ffiall be now therein and not. otherwife : And provided alfo., That the rilk attend-
ang the keeping thefum or funis fo paid in, be deemed and is hereby declared to lay en-
tirely with the perfons whodepofited them, and that any charge ofguards or other expen-
1
* Which was accordingly .done on the day of February 1796*
580 WESTERN TERRITORY,
ces for fafe keeping thereof, be deduced therefrom; and in cafe of negleft of appli-.
cation to his excellency therefor within eight months* after the pa fling this aft, the
fame fhall be and is hereby deemed property, direfted and efcheated to and for the
life of this ft ate.
The.ng^tto^ 5. And be it further enaBed, That any pretended power aflumed, ufurped, or in-
t£Si)»ocon tenc^ by tbe aft5 or any claufe, or letter of the fame, or which may or can be
purp«SrKa-conftrued t0 that purpofe by the faid ufurped aft, grant or grants under it, or from
pco'pi^ruf go- the journals of the Senate or Houfe of Reprefentatives, to apply to the government
thisS °f tbe Uni^d States for the extinguifhment of the Indian claims to the lands within
the boundaries in the faid ufurped aft mentioned, and the holding any treaty by the
faid general government in confequence of any application therefor by the compa-
ny purchafers under the faid ufurped aft, fo far as may affeft the rights of this ftate to
the lands therein defcribed, is and are alfo hereby declared null and void, and the right
of applying for, and the extinguifhment of Indian claims to any lands within the
boundaries of this ftate, as herein defcribed, being a fovereign right, is hereby further
declared to be vefted in the people and government of this ftate, to whom the right
of pre-emption the fame belongs, fubjeft only to the controling power of the United
States to authorize any treaty or treaties for and to fuperintend the fame.
Thisiaw how • 6. And be it further enaBed, That in order to prevent future frauds on individuals
gatedlroRlul" as far as the nature of the caufe will admit, his excellency the governor is hereby re-
quired, as foon as may be, after the pafling of this law, to promulgate the fame
throughout the United States.
THOMAS STEPHENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of Ihc Senate.
Concurred, February 13, 1796.
JARED IRWIN, Governor.
* Time eitfended by a£l of 1799? fed. 1, &c. further time by ad of 1799.
An aB to extend the time for the pretended purchafers of the Wejlern Territory of this
fate, to receive the fums they depofted in the treafury, and for further expunging
from the face of the public records certain entries relative to the pretehded fales of the
V/eflern Territory of this fate, under the ufurped aB, pajfed the feventh of Ja-
nuary, one thoufand feven hundred and ninety-fve.
^lss!ew«-or *• ^ ENACTED by the Senate and Houfe of Reprefentativts of the fate of
J^nreAn6^. Georgia, in General Affembly met, That his excellency the governor be and
whoh^vede- be *s hereby empowered and required to iffue warrants on the treafurer from andim-
Ewrcin. moiKy mediately after the pafling of this aft, in favor of fuch perfons as may have bona fie
depofited money, bank biils, or ftock in the funds of the United States, or'warrants
in part or in whole payment of pretended fhares of the faid pretended purchafed ter-
-ritory under an ufurped aft, pafied at Augufta on the feventh day of January, in the
year one thoufand feven hundred and ninety-five, under the pretended title of An
aft fupplementary to an aft, entitled 4 An aft for appropriating a part of the unlo-
cated territory of this ftate for the payment of the late ftate troops? and for other
WESTERN TERRITORY.
pur poles therein mentioned,' declaring the right of this ftate to the unappropriated
territory thereof, for the proteftion of the frontiers, and for other purpofes." Pro-
vided, That the rifk attending the keeping of the fum or fums fo paid in be deemea their
and is hereby declared to lay entirely with the perfons who depolited them, and that
any charge of guards or other expences for the fafe keeping thereof be dedufted there-Provis0
from : And provided alfo, That application be made for the fums fo depofited on or
before the firlt day of June, one thou land feven hundred and ninety-eight.
■ And whereas, in and by an aft palled the thirteenth day of February, in the year
onethoufand feven hundigd and ninety-fix, annulling the faid ufurped aft paffed the
feventh day of January, onethoufand feven hundred and ninety-five, the fecretary,
furveyor general and other public officers, were required, within three days after the
palling the fame, to produce to the legiflature all deeds and documents relating to *
the pretended fale of the Weftern Territory of this ftate, to be expunged therefrom,
in order that no trace of fo infamous a tranlaftion Ihould remain in the publieofnces
of the ftate; and it appears that, either from the indifpofition of the fecretary of tire
ftate at that period, or through miftake or negleft, certain pretended mortgages rela-
live thereto, and given by the pretended purchafers, which were entered in the book
of mortgages marked E. E. in the faid office, were neglefted to be produced to the
late legiflature to be expunged from the faid book, and burnt in conformity to the
concurred refolution under the authority of the faid aft : Be it therefore enaSled, That cwtainether
the faid book E. E. Ihall, on the day t after the paffing of this aft, be brought into the
reprefentative chamber, and then and there, at or about the hour of twelve o'clock expungeea°ana
of the faid day, the faid pretended mortgages, entered in the faid book E. E. from
page one hundred and thirty-three to page one hundred and fixty-two, inclufive, fliall
be carefully expunged from the faid book E. E. and burnt in the prefencc of the
Senate and Houfe of Reprefentatives; and the prefident of the Senate and fpeaker
of the Houfe of Reprefentatives ffiall defignate, under their hands, on a ffieet of
paper to be inferted or pafted on in the place from whence they fliall be fo taken,
the authority by which the fame was done, and the number of pages fo expunged.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred February 10, 1797.
JARED IRWIN, Governor.
f Which was accordingly done on the day of February, 1797.
An aH to carry into ejfetf the twenty fourth feftion of the firfl article of the confilution.
1. THERE AS by the twenty-fourth feftion of the firft article of the conftitu-
VV ^on it ls among other things declared, that the foregoing feftion of this
article having declared the common rights of the free citizens of this ftate in and to
all the territory without the prefent temporary boundary line, and within the limits of
this ftate, thereby defined; by which the contemplated purchafes of certain compa-
nies of a confiderable portion thereof are become conftitutionally void, 44 and jullice
and good faith require that the ftate fliould not detain a confideration for a contraft
582
WESTERN ".'TERRITORY.
which has failed, the legiflature at their next feflion fhall make provifion by law for
returning to any perfon or perfons who has or have bona Jlde depofited monies for
fuch purchafes in the treafury of tbisftate: - 1
ftoriso. " Provided, That the fame 111 all not have been drawn therefrom in terms of the
aft palfed the thirteenth day of February,, one thoufand feven hundred and ninety-,
fix, commonly called the rescinding aft, or the appropriation laws of the years one
thoufand feven hundred and ninety-fix and one thoufand feven hundred and ninety-
feven, nor ihail the monies paid for fuch purchafes ever be deemed a part of the
funds of this (late, or be liable to be appropriated as fuch, but until fuch monies be
drawn from the treafury, they fhall be confidered altogether at the rifk of the per*
fons who have depofited the fame."
GrafttrtJ. their 2. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate of
Jn\Xtt«mS Georgia in General Ajfembly met, and by the authority of the fame, That any pretend*
MHSitir ec* grantee or grantees, his or their acknowledged agent, or agents or other perfon oie
perfons having depofited any fum or fums of money, for the aforefaid pretended
purpofes, lhall be entitled to receive the fame under the following reftriftions, (that is
what parties to fay) that the treafurer on receiving the original treafury receipt, given to any perfon
must be prod*- or perfonS} or the receipt of the pretended grantees, or their acknowledged agent or
agents, to any perfon or perfons, or the receipt of any perfon or perfons in whofe
name or names any fum or fums of money was depofited, in the treafury, for or ot*
account of any or either of the pretended companies, to any perfon. ox perfons, for
any fum or funis of money, for any pretended {hare or fhares of land or wefterij
territory of this flate, pretendedly fold as aforefaid, the perfon or perfons applying,
oa oath. making oath before the faid treafurer that the money fignified to be received, wa#
bona fide depofited in the treafury, or paid to the faid pretended grantees, their ac?
knowledged agent, or any perfon or perfons in whofe name or names any fum, or
fums of money has,or have been lodged in the treafury, for or on account of any or
either of the pretended companies as aforefaid, and that the receipt producedis the ori*
ginal receipt of the treafurer, grantees, agent, or perfon or perfons in whofe. name
or names any fum or fums of money has or have been lodged in the treafury, as
aforefaid, given at the time the money was paid, and that he or they has or have
therewith delivered in all pretended documents relative to any pretended title in. his
or their poiTeffion or power, under the pretended authority aforefaid, which fhall be
filed in the treafury office, and the oath be there fubfcribed and preferved; fhall iffiie
to the perfon or perfons depofiting the fame as aforefaid, a certificate expreffing the
date, name or names, together with the fum mentioned in the document depofited as
aforefaid.
Money rieposi- 3 *
Provided always, and it is hereby enabled, That the treafurer fhall not receive
wed'Sal any fuch pretended document chargeable to any of the pretended companies, in the
onthe0trebaesu-L treafury books exceeding the fum or fums depofited by each of the refpeftive pretended
companies and which is in the treafury at the time fuch receipt or pretended document
is preferred to him; nor fhall he give any certificate nr certificates for any fum or fums
of money exceeding the amount which may be in the treafury as aforefaid, at tfieerecU
The Governor it of the aforefaid refpeftive pretended firms..
rants on the 4, And be it further enabled by the authority aforefaid, That his excellency the go*
v9rof«udcom- vemor be and he is hereby authorized and required, on receiving the certificate or cei>
. tificatcs of the treafurer as aforefaid, to iffue an order to the treafurer m the woids fob
towing;
WESTERN TERRITORY. 583
" You are hereby required to return out of the monies depofitcd by A. B. pretended Formof the
company, or by C. D. who held a receipt for monies paid to or on account of faidWdrrast'
pretended company, now filed in the treafury agreeably to your certificate of
and debit the faid pretended company with thefame."
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativet.
ROBERT WALTON, Prefiimt of the Senate.
Affented to February 16, 1799.
JAMES JACKSON, Governor.
An aft, to amend an aft fo carry the twenty fourth feftion of the firjl article of the cciv-
fitution into effect.
i. J HERE AS it has been found by experience that the relief intended by thePrcamb!ei
V V aH, entitled " An ad to carry the twenty-fourth fedion of the firft article
of the conftitution into efFeft," does not extend to the attornies, executors or legal
reprefentatives of thofe perlons who held receipts or documents for monies depofited
under the ufurped a6t of the feventh day of January, one thoufand feven Jiundred
and ninety-five, it being a requifite in the faid aft for the peifon applying to make
oath, that the receipt produced is the original receipt given at the time the money was
paid;
2. Be it tnafted by the Senate and Houfe of Reprefentatives of the fate of Georgia Attornies ex>
in General Affembly met, and by the authority of the fame, That attornies with legal
powers, or executors and adminiftrators of deceafed holders, lhall not be obliged to
make oath, that the money fignified in the receipt or document produced was bona fide PaPcr8>&c*
paid at the time the receipt was given, but {hall be entitled to a return of depofit 0x1
returning into the treafury the original receipt of the treafurer, grantee or grantees,
his or their agent or agents, or fuch other documents under their or either of their
hands, as may tend to an acknowledgment of receipt on equitable cdnftru&ion of
that a6f, and making oath as therein mentioned, that he, {he or they hath or have
therewith returned imali documents or pretended title thereto appertaining within their
cuftody, power, pofieflion or knowledge, fo far as refpe&s the receipt or document
returned, and that they believe the money was bona fide depofited by the principal gH
ving fuch power, tefiator or inteftate, under whole title they refpe&ively a6t, and that
10 the bed of their knowledge and belief the receipt or documents lodged h or are
the genuine receipts or documents originally given by the treafurei „ grantee or gran-^
tees, his or their agent or agents, or any other perfon or perfons w h6 hath or have
depofited monies under the faid ufurped atl: j u ^
Provided always, That where attornies only fliall apply, the powers from their prin-Proviso,
cipal {hall difclaim and renounce all pretended title to thb faid pretended fales o{
Weftern Territory of this ftate, and declare therein that fuch attorney is in poifelfion
of all receipts, titles or documents appertaining thereto; which power fiiall be ac-
kn'oVledged before fome magiftrate or notary public of this or the United States. 1
3. And be it further enafted, That perfons holding papers called citizens1 rights, or citizen,' rifentr -
original treafury receipts, fliall 111 all cafes he entitled to a return of depofit on pro-
ducing and lodging the fame as by the faid a£t dire&ed, on making oath that they have
WESTERN TERRITORY.
p-aid a bona fde confideration therefor, and believe the receipt produced is the genuine
original receipt of the treafurer.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativcs.
DAVID EMANUEL, Prejidentof the Senate.
Aflented to December 6, 1799.
JAMES JACKSON, Governor,
An aft to carry the twenty-third feBion of the frjl article of the confitution into opt*
rationA
1. X 71 THERE AS the twenty-third fe&ion of the firft article of the conditutiori,
V V fpeaking of the powers of the legiflature, is in the words following, to wit:
" They fiiall have power to alter the boundaries of the prefent counties, and to lay off
new ones, as well out of the counties already laid off, as out of the other territory
belonging to the date; but the property of the foil, in a free government, being- one
of the eflential rights of a free people, it is neceffary in order to avoid difputes that
the limits of this date fhould be afcertained with precidon and exa&nefs, and this con-
vention compofed of the immediate reprefentatives of the people, chofen by them to
afiert their rights, and to revife the powers given by them to the government, and
from whofe will and ruling authority of right dows : Doth aflent and declare the
boundaries of this date to be as follow. That is to fay, the limits, boundaries^.
jurjfdiflions, and authority of the date of Georgia, do and did, and of right ought
to extend from the fea, or mouth of the river Savannah, along the northern branch
or dream thereof, to the fork or confluence of the rivers now called Tugalo and
Keowee, and from thence along the mod northern branch or dream of the faid river
Tugalo, till it interfefls the northern boundary line of South-Carolina, if the faid
branch or dream of Tugalo extends fo far north, referving all the iflands in the faid ri-
vers Savannah and Tugalo to Georgia, but if the head fpring or fource of any branch
or dream of the faid river Tugalo does not extend to the north boundary line of Southr
Carolina, then a wed line to the Midifippi to be drawn from the head ipring or'fource
of the faid branch or dream of Tugalo River, which extends to the highed northern lat-i
itude; thence down the middle of the faid river Midifippi until it fhall ipterfeft: the nor-
thernmod part of the-thirty-fird degree of north latitude ; fouth by a line drawn due.
ead from the termination of the line lad mentioned, in the latitude of thirtyrone de-
grees north of the equator, to the middle of the river Appalachicola or Qhatahou-;
chee; thence along the middle thereof to its junflion with Flint River; thence flraighfc
to the head of St. Mary's River; and thence along the middle of St. Mary's River to
the Atlantic Ocean; and from thence to the mouth or inlet of Savannah River, the
place of beginning; including and comprehending all the lapds and waters within tha
faid limits, boundaries and jurifdiblional rights, and alfo all iflands within twenty league's
of the fea coad. And this convention doth further declare and aflent, that all the
territory without the prefent temporary line and within the limits aforefaid, is now of
right the property of the free citizens of this date, and held by them in fovereignty
* This a£t repealed in part by a& of 18QQ>
WESTERN TERRITORY.
inalienable but by their confent: Provided neverthelefs, That nothing herein contam-Provi5®-
ed fhall be conftrued fo as to prevent a fale to or contract with the United States by
the legiflature of this ftate, of and for all or any part of the Weftern Territory of this
ftate, lying weft ward of the river Chatahouchee, on fuch terms as may be beneficial
to both parties; and mayjnrocure an extenfion of fettlement and an extinguifhment
of Indian claims in aitd to the vacant territory of this ftate to the eaft and north of
the faid river Chatahouchee, to which territory fuch power of contract or fale by the
legiflature fhall not extend: And provided alfo, the legiflature may give its confent to pr<w».
the eftablifhment of one or more governments weftward thereof; but monopolies of
land by individuals being contrary to the fpirit of our free government, no fale of
territory of this ftate, or any part thereof, fhall take place to individuals, or private
companies, unlefs a county or counties fhall have been firft laid off including fuch ter-
ritory and the Indian rights fhall have been extinguifned thereto." And whereas it
will much add to the harmony of the Union and tranquility of the citizens of this
ftate, to carry the powers thereby given to the legiflature, of felling the territory be-
longing to this ftate weftward of the Chatahouchee to the United States into opera-
tion..
a. '"JSe it enahted, That Abraham Baldwin, James Jones and Benjamin Taliaferro, Commissioner's
efqrs. reprefentatives of this ftate in congrefs, or a majority of them, be and they are the we-tet*
hereby authorized and empowered, to meet any perfon or perfons who may be ap- congress,
pointed on the part of the United States, and they are hereby properly and duly au-
thorized as commiflioners on the part of the ftate of Georgia; with him or them, to
|reat, confult, conclude and agree for the fale of all or any part of the territory with-
in the conftitutional limits of this ftate, weftward of a line beginning at a point in
the middle of the river Chatahouchee, where it fhall be interfefcled by the thirty-firft
degree of north latitude; thence up the faid river to the moft weftern bend thereof;
thence a due north line to the northern boundary of this ftate, including all the iflands
in the faid river, and referving the navigation of the faid river fo far as the faid line
ihall extend thereon, .alike free to the citizens of the United States as thofe of the
ftate of Georgia., on fuch terms and reafonahle compenfation for the fame as may be
beneficial to both parties, and fhall procure to this ftate all the land eaft and north of
ithe aforefaid line within a reafonahle time, viz. not exceeding the term of three years,
;all the land lying and being between the Oconee and Oakmulgee rivers, and a line to
be run from the head fource of the faid Oakmulgee River along the ridge dividing
ihe waters of the fame, from the waters of the Chatahouchee River, to the Curry-
bee Mountain; and not to exceed the term of ten years, all the land eaft of the
.aforefaid river and line, the fame to be obtained and the Indian rights thereto extin-
guifhedby, and at the fole expence of the faid United States, and on fuch agreement
and ratification of the fame,by thecongrefs of the United States, full and ample deeds of
ceflion and fale, as well of territorial, as jurifdittional rights, and of all claims, or
..demands of this ftate of, in or to, the territory fo concluded on to be fold, to (ign,
leal, execute and.deliver to the United Statest to hold the fame to the faid United
^States in fovexeignty forever.
3> Provided a ho ays and be it further enacted, That the faid United States, fhall Certain conSi1'
within three years reftore to this ftate all that tratl of country called and known by
the name of the Talliffee county, which was purchafed of the Creek Indians by this
ftate, at a treaty held with the faid Indians, at Galphinton on the twelfth day of No-
vember, in the year of our Lord one thoufand feven hundred and eighty-five, and
4 E
585
WESTERN TERRITORY,
which was ceded by the United States to the faid Indians, by the treaty of New^
York, in contravention of the faid treaty of Galphin^on ; and this General A (fern-
bly doth hereby unequivocally declare that the faid trati of country is and of right
doth belong to this ftate, by virtue of, and as detived from the compact
rmiso. aforcfaid. And provided, That whenever the territory ceded as aforefaid, fhall con-
tain a number of inhabitants fufheient to entitle them to a reprefentative in the con-
grefs of the United States; agreeably to the principle eftablifhed in the conftitionr
thereof for regulating the reprefentation of the ftates, now in the Union, that then the
faid inhabitants fhall be entitled tq a reprefentation in the congrefs of the United States,
and fhall be.received into the Union as an independent ftate and fhall be entitled to
every right granted and fecured by the faid conilitution to the ftates therein named,.
DAVID MERIWETHER, Speaker of the Houfc of Reprefentative
ROBERT WALTON, Prefident of the Senate.
Aflented to, February 15, 1799.
JAMES JACKSON, Governor.
Commissleners
An aB to amend an aB entitled "An aB to carry the twenty 4hird feBion of the frfi
artiste of the confutation into operation fo far as relates to the powers vejled by the
fame in the honorable Abraham Baldwin, fames fonts and Benjamin Taliaferro,
efq. commijfioners on the part of Georgia, to make a cejfion of part of the unlo-
preamble cated territory of faid Jlate to the United Slates."
1. T 7C 7HEREAS the powers vefted by the above recited a St in the faid commif-
V V fioners have been found too limited-to enable them to Carry the fame into
idFtheweston-°Peradon r Be it therefore enaBed by the Senate and Houfc of Reprefentatives in Gen-
era>l Affembly met, That the honorable Abraham Baldwin, James Jones, Benjamin
Taliaferro and James Jackfon, efq, reprefentatives of this ftate in congrefs, or
a majority of them, be and are hereby authorized and empowered to meet any per-
fon or perfons who now are, or hereafter may be appointed on the part of the Uni-
ted States; and they are hereby duly authorized and empowered as commiffioners on
the part of Georgia, with full and unlimited powers to treat, confult, conclude and
agree forthefaleof all or any part of territory within the conftitutional limits of this
ftate, weft of a line commencing at a point upon our northern boundary line, where
Crow Greek, a branch of Tenneffee River, interfefts the fame, running from thence
in a direfft courfe to fall upon the thirty-firft degree of north latitude, feventy geo-
graphical miles weft of the Chatahouchee river, on fuch terms and reafonable com-
4SHnr penfation for the fame as may be beneficial to both parties, and fhall procure to this
ftate all the land eaft and north of the aforefaid line, within a reafonable time.
2. And be it further enaBed, That all laws and claufes of laws militating againft
this aft; fhall be and are hereby repealed-
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives*
DAVID EMANUEL, Prefident of the Senate*
.Affented to December 2, 1800".
JAMES JACKSON, Governor*
WHARFS, SHIPPING AND PILOTAGE.
An aB to regulate the wharfs and flipping in the feveral ports of this province, andaf,
certaining the rates of wharf age, oj /hipping and forage, and alfo the duty of ankar-
J?or majter for the port of Savannah, and to authorize the faid harbor mafler, to put in
force an aB entitled an aB to amend an aB, to prevent ptrfons throwing lallaf or
rubbif or falling trees into the rivers and navigable creaks within this province, and
for keeping clear the channels of the fame,
l.X 7i 7HEREAS the increafe of trade, and quantity of produce broughtfor fale to ftcmwb.
V V the feveral ports of this province, require a regulation in the rates of wharf-
age and ftorage, and the number of veffels reforting to the faid ports, and in particu-
lar to the port of Savannah, makes it neceffary to have fome perfon appointed to over-
look, and regulate fueh veffels while in the faid port. Be it enaBed, That from and
immediately after the paffing of this aft, the feveral owners and occupiers of wharfs
in the feveral ports of this province, fhall be allowed to charge, demand, and receive
the feveral rates herein after mentioned, for the wharfage of lhipping, merchandize and
ftorage, and no more, that is to fay,
£. s. d.
For every fhip, fnow, brigantine or by lander loading at a wharf, one fiiil-
ling and fourpence each day .014
For every fuch veffel lying and not loading at a wharf, two {hillings and
eightpence each day 928
for every {loop or fchooner (coafters trading from one part of this pro-
vince to another only excepted,} loading at a wharf, tenpence each
day o o 10
For every {loop or fchooner lying and not loading at a wharf, one fhil-
ling and eightpence each day O 1 §
And for the wjharfage of goods, landed or laden from one veffel to ano-
ther at any wharf as follows,
For every barrel or half barrel of rice or other grain, every barrel oftur-
pentine, rofin, tar, beef, pork, beer, cider, fmall barrels of bread,
and barrels of the like fize of any other goods, dry goods excepted,
one penny . o o 1
For every barrel, calk, box or other package of indigo, twopence 902
For corn, peafe, oats, and other grain not in barrels, landed or taken in
from any velfel, by any other velfel lying at a wharf, and for
fait landed or loaden .on b.oard any other velfel, for every one hun-
dred bulhels, one {hilling ' .01®
For every thoufand feet of inch, three-quarter inch and feather edge
boards, and in proportion for plank, timber and oars reduced to inch
meafure, landed or taken from veffels or rafts by any veffel lying at a
wharf, one {hilling o ? m
For every thoufand of fhingles and canes landed or taken in from boats
or rafts, fixpence 006
For every thoufand of barrel heading and barrel ftaves, landed or taken
in as is above mentioned, nin.epence 00$
For every thoufand of hogihead ftaves, heading or hoops, one {hilling 010
J"or every thoufand of pipe* ftaves and handfpikes, one {hilling an^ffx-
pence 016
. Jvx every thoufand of butt ftaves, two {hillings OS©
t
588 WHARFS, SHIPPING AND PILOTAGE.
£. 5. d.
For every cord of firewood, fourpence o o 4
For every cord of tanner's bark, fourpence 004.
For every thoufand of bricks or hearth tiles, fixpence 00 6
For every article herein before enumerated, that fhall lay longer than one
week upon any wharf, the whole wharfage before rated each week.
For every tierce of fhip bread, hogfhead of wine, and other goods in
hogfneads and tierces of about fixty-three gallons, one penny half-
penny O O
For every hogfnead of rum, pipe of wine, and other goods in hogfheads
and pipes of about one hundred and twenty gallons, threepence 003
For every hogfhead of fugar of one thoufand weight and under, four-
pence 004-
For every hogfnead of fugar of above one thoufand weight, fixpence 006
For every one hundred weight of hemp, one penny 0 0 1
For every ton of logwood, fuftic, lignumvitae, or brafiletto, landed or
loaded from any veffel at any wharf, and not lying above one week,
fixpence 00 6
And for every week after, fixpence O o 6
For every ton of the like wood taken in by one veffel from another lying
at a wharf, threepence 00 3,
For every hundred feet of mahogany and other heavy wood accounting
inch meafure, that fliall not lay longer on a wharf than one week,
one penny halfpenny O O l-J
For every ton of iron and other heavy goods, fourpence 004
For lime, at the rate of eightpence each hundred bufhels O 0 8
For every large bale, hogfhead, tierce or vat of the like fize, threepence o o 3;
For every cafe, trunk, cafe cheft, box, bundle, coil of cordage, or ham-
per, one penny 0 o £
For every coach or other four-wheeled carriage, one Chilling and fix-
pence o 1 6
For every riding chair or chaife, ninepence O o 9?
For every pot, fkillet, jug or keg of fhot or paint not enclofed in any
package, each dozen twopence p o 2-
For every grind or quern ftone, one halfpenny o o
For every keg of bread, flour, butter, tallow, lard and fuch like arti-
cles, fourpence each dozen O o 4.
For every barrel of one hundred weight of gunpowder, twopence and
in proportion for fmaller barrels of the fame 002
For every ton of coals, fourpence O O 4
For every week after the fir A: week that it fha!l lie on the wharf, twopence o o 4
For every hundred of pawing or Bermuda Hones, fourpence p o 4,
For every hundred of raw or tanned hides, one fhilling and fixpence,
and fo in proportion for raw or tanned fides o 1 6
For every thoufand pounds weight, and in proportion for fmaller quan-
titi-es of hay or corn blades, fourpence O O 4
For every other article of goods not before enumerated, at the rate of
fourpence each ton, according to weight or meafure 004
WHARFS, SHIPPING AND PILOTAGE.
589
£. s. d.
for every fpecies of goods the fame rates and allowances as for landing,
* and for the weighing of goods and merchandize, that is to fay,
For every barrel of rice or turpentine, weighing three hundred and fe-
venty-five pounds and upwards, not exceeding feven hundred pounds
grofs, one penny o O i
For every tierce, barrel or hogfhead of any kind of goods, upwards of
feven hundred pounds, and not exceeding eleven hundred pounds,
(indigo excepted) ninepence 009
For every hoglhead or calk of any kind of goods, weighing upwards
of eleven hundred pounds, per hundred weight, one penny 001
For every ton of fuftic, logwood, brafiletto, lignumvitse or other*
wood per ton weight, two fhiilings and twopence 022
For every ton of iron or other heavy goods, one fhilling and fx-
pence 016
For every draught of deer fkins, hemp, foreign bark or any other kind
of goods, not weighing upwards of two hundred and fifty pounds,
twopence halfpenny 0 0 2^
For every draught above two hundred and fifty pounds of fuch like
goods, fourpence 0 0 4
For every draught or package above two hundred and fifty pounds weight
and not exceeding five hundred pounds weight when more than one
is weighed, fivepence 005
.For every barrel, hogfhead or other package of indigo, threepence 003
And for the ftorage of goods, that is to fay, •
For every barrel or other cafk or package of indigo each hundred weight
per week, one penny 002
For every hogfhead, tierce, barrel, large trunk, cafe or bale of any goods
that fliall be put into any ftore for one or more nights not exceeding
one week, fivepence 005
For every week or part of a week, after the fame rate as above.
For every fmaller cafk, box, bag, or other package of fuch goods, one
or more nights not exceeding one week, twopence halfpenny and for
every week or part of a week after at the fame rate.
For every hogfhead of rum, pipe of wine, tierce or hogfhead of bottled
liquor, and for every hogfhead or large tierce of fugar per week, five-
.pence O o 5
And for every week or part of a week after fourpence 004
For every whole barrel of rice not exceeding fix hundred and fifty pounds
grofs, for the firft and laft week, one penny halfpenny O O if
And for every intervening week per barrel, one penny 001
For every half barrel of rice, barrel of pork, beef, bread, and other bar-
rels and packages not before rated, not weighing above three hundred
and feventy-five pounds grofs, for the firft and laft week, one penny 00 1
And for every intervening week, one halfpenny O O . of-
And in proportion to the foregoing rates for every other article not enu-
merated above, according to fize and weight.
2. And whereas, fome regulation is neceffary to be made with refpeft to the moor-
ing of fhips or veffels at the faid wharfs and in the river before the laid town of Sa-
59°
WHARFS, SHIPPING AND PILOTAGE.
beni etli'f Avn varnish,- Be it therefore fuither enabled, That all veffels lying in the river Savannah
°u iTtfl;^1' before the faid town, common or hamlets of Yamacraw, and the truftees' gardens, and
10016 ' not loading at any wharf, fhall be properly moored head and ftern as near the bank
on the north fide of the faid river as conveniently may be, and that no veffel whate-
vtr not loaded as aforefaid, fhall be permitted to lie and take in her loading in the
t xuperinceud middle of the faid river on any pretence whatfoever; and that the harbor mafter of
thes-uu;. Savannah do from time to time give notice to any mafter of a \efTel
who fhall not comply herewith, and upon his refufal or negled fhall proceed againft
the offenders as herein after is direded,
ploy per^ nsto 3, And be it enabled by the authority aforefaid, That in cafe any veffel properly
moored in the faid river and within the limits above mentioned, fhall be overlaid by
ree'e ve twenty the cable of any other veffel, except in fqualls or ftorms of wind, the mafleror
tor. commander of the veffel fo overlaying fhall, upon application made to him by any perfbn
belonging to the veffel fo overlaid, raife his anchor and moor properly; and in cafe of his
refufal fo to do, it fhall be lawful to and for the harbor mafter to employ men and
boats to raife fuch anchor at the expence of the party refufing, who fhall likewifepay
aadt^rtventn harbor mafter one pound for his trouble therein; and the faid harbor mafter
fiXr*® So ls hereby authorized and required to put in force the ad entitled "An aft to amend
mcrs. an ad to prevent perfons throw ing ballaft or rubbifh, or falling trees into the rivers
and navigable creeks within this province and for keeping clear the channels of the
fame."
KbrowinfT" 4♦ whereas, mailers of veffels do frequently discharge their ballaft in the river
vlnnahRivtk Savannah before they come up to thetown under tbe pretence of lighting their veffels;
how to be treat- fo enage^ fry fa authority aforefaid, That any mafter of a veffel fo difcharging his
ballaft contrary to the direction of the above mentioned ad entitled "An aft to amend an.
ad to prevent perfons throwing ballaft, or rubbifh or falling trees into the rivers and
navigable creeks within this province and for keeping clear the channels of the fame, fhall
be proceeded againft apd be liable to the feveral penalties as dire61ed in the faid ad; and
the harbor matter is hereby required to give information, upon oath, to the chief
?oafnforrSo?r or one °f the affiftant juftices of the general court of this province, as foon
as the fame fhall come to his knowledge, of all and every offence or offences that fhall
be committed againft the faid before recited ad.
Masters^ofves- 5. And be it further enacted, That all and every mafter or matters of veffels, who
Oouiidsnolftii- negle^ or refufeto comply with the feveral regulations of this ad not provided for
w&nhfSa&ly by *be ads to prevent perfons throwing ballaft, or rubbifh, or falling trees into the ri*
vers or navigable creeks, fhall forfeit and pay the fum of one hundred pounds, to be
recovered and applied as herein after is direded.
Harbormaster ^further enabled, That the faid harbor mafter fhall from time to'time in-
wharftTn^6 ^ feveral wharfs ereded or to be ereded, and in cafe any owner, occupier, or
prosecuteoffen- iefpee fhall have offended againft this kad, and upon notice thereof to him given fhall
not comply therewith, the faid harbor mafter is hereby direded to proceed according
to the diredions herein mentioned and expreffed.
And'decide dis- 7- -And be it further enabled, That all difputes and differences which may arife be-
masterseofve2. tw.een mafters of veffels or wharfingers, relating to the hauling in or hauling off
ingers.d wharf" of any fucfi veffel to or from any wharf or wharfs, or in mooring fuch veffel, fhall
be referred to and immediately decided by the faid harbor mafter.
And examine 8. And be it further enabled, That no vacant fpace of public landing under the Bluff
thepubiKnd- of the town of Savannah, atthe end of oroppofiteto any ftreet, lhall be-encumbered with
W1£S" any lumber or thing whatfoeyer, on pain that fuch lumber or thing whatfoever fa
XVHARFS, SHIPPING AND PILOTAGE.
encumbering any public landing as aforefaid, (hall be forfeited fcized on and fold by
the harbor mailer, if not removed in twenty-four hours after notice Hi all be given by
the faid haibor mailer to the owner, or the perfon who fhail have the charge of fuch
lumber, or other thing, or who Ihall have encumbered, or caufe to be encumbered,
any fuch public landing therewith, and the monies arifing from the fale of any fuch
lumber or thing whatfoever, after dcduBing the charges of feizing and felling the
fame, fhall be applied in manner herein after direBed.
9. And he it further enaBed, That the faid harbor mailer fhall, before he enters Andsliaim
upon the execution of his office, take and fubferibe the following oath before one of4worn*
thejullices of the peace for the parifh of Chrifl Church, who is hereby empowered
to admin ifteir and give a certificate of the fame, to wit: " I, A. B. do folemnly fwear msoatu.
that I will to the bell of my fkill, knowledge and ability, without partiality or preju-
dice, execute the office and perform the duty of harbor mailer in the town and port of
Savannah, as direBed in and by an aB of the General Alfembly, entitled " An aB
for regulating and afcertaining the rates of the wharfage of ffiipping, merchandize,
and Ilorage in the feveral ports, and the duty of an harbor mailer for the port of Sa-
vannah, and that I will alfo put in force another aB of the General Alfembly enti-
tied an aB, to amend an aB to prevent perfons throwing ballalt, or rubbiffi, or falling
trees into the rivers and navigable creeks within this province, and for keeping clear
the channels of the fame according to the power veiled in me by the before recited
aB, and that I will perform the faid duty without delay, and put the faid aB in full
force and effeB according to the tenor and meaning thereof, and direBions to me
therein given. So help me God." And the faid harbor mailer is hereby authorized
to receive from the mailer or commander of every veffel coming into the port of Sa-
vannah, the fees following, that is to fay, for every Ihip, fnow, brigantine or bylander Hisfee*.
the fum of five Ihillings, and for every Hoop or fchooner (coallers trading from one
part of this province to another only excepted) the fum of three Ihillings.
10. And he it further enaBed, That all the penalties hereby infliBed or forfeitures Fines, &c. how
hereby declared, under the lum of eight pounds, fhall be recovered by warrant ofIpcp°ued?4an<fc
diftrefs and fale of the offender's goods, under the hands and feals of any two juftices
of the peace for the pariffi of Chrift Church, and before whom proof thereof Ihall
be made by the faid harbor mailer; and where the fame Ihall amount to more than
eight pounds, the faid harbor mailer is hereby enabled to fue for and recover the fame
in any court of record in this province, by aBion of debt, bill, plaint or information,
and that this aB Ihall be taken in evidence without fpecial plea; and the faid penal-
ties and forfeitures when recovered to be paid to the public treafurer, and applied as
the General Alfembly Ihall hereafter direB; and if any perfon Ihall be fued for any
aB, matter or thing done in purfuance thereof, that this aB and the fpecial matter
thereof Ihall be given in evidence on the general iffue, and upon fuch fuit being dif-sha„pI?arIthe
continued or judgment paffing againll the plaintiff therein, the defendant Ihall r€co-generalissue-
ver double colls.
11.* And be it further enaBed, That the clerk of the market Ihall, once in every
three months, examine all fcales, weights and meafures ufed on the wharfs, and that
the fame be agreeable to the Ilandards in his care, and in default thereof Ihall forfeit
and pay into the hands of the commiffioners of the market of the town of Savannah
a fum not exceeding two pounds, to be applied as herein before is direBed.
* Veltei iu the corporation of Savannah. See aB of 17^9*
59a WHARFS, SHIPPING AND PILOTAGE.
£STst0 12. And in order to prevent frauds and deceits being committed in the weighing
of rice and other commodities, Be it enabled, That every wharfinger or atiy other
perfon employed by him, fhall, previous to the undertaking fuch bufinefs, be fworn
before any of his majefty's juftices of the peace within the faid province, faithfully to
execute the fame, and (hall weigh the faid enumerated goods, and deliver an exaB
and true account of all goods by him weighed, to the parties, if required; and id
persons having cafe any perfon or perfons fhall be found to have falfe weights or meafures, and un?
false weights, J I r />rt n r r • J i P P
pound?1 tCR der the faid ftandard, every fuch perfon or perfons lhall forfeit and pay the turn or
ten pounds for ever fuch offenc£, to be recovered as herein before is direBed.
Continuation. 13. And be it further enabled, That this a B fhall be and continue in force for and
during the term of three years, and from thence to the end of the then next feflion of
the General Affembly, and no longer.
By order of the Common Houfe of Affembly.
WILLIAM YOUNG, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
Council Chamber, 12th of March, j. 774-
JAMES WRIGHT,
An act to regulate the pilotage of veffels to and from the fever al ports of this JldtU
t.TT THERE AS it is highly neceffary for the fafety of all (hips and veffels bound
YV inward to and outward from the feveral ports of this ftate, that there fhoukf
be a fufficient number of fkilful and able pilots conftituted and appointed for tfie
bringing in and carrying out the famei for the more expeditious and effectual per*
formance of which, Be it enabled by the Senate and Houfe of Reprefentatives of the
pointed. j[aie 0j Georgia in General Affembly met, and by the authority of the fame, That the
feveral perfons herein after named be commiffioners for the regulation of pilots, rates,
por^hetaxof and all matters relating to the pilotage for the ports herein after mentioned, viz. for
the bar of Tybee and river Savannah, and for the feveral bars and inlets lying to the
northward of St. Catharine's Bar, Richard Wayne, Alexander Watt, William Huft*
ter, James Robertfon, in the room of George Parker, deceafed, and William Belcher;
Tor the uroF ^or ^ bar of St. Catharine's and river Midway, and for the feveral bars and inlets
6t Catharine's, to the fouthward of St. Catharine's Bar as far as Turtle River, John Lawfon, fen?
Adam Alexander, Alexander Forrefter, James Montfort and John Cooper, of St.
Torthebarof Simon's: and for the bar of St. Mary's, and for all the bars and inlets north of the
faid Turtle River, James Seagrove, Thomas King, William Johnfon, Harrifon Ca?V
-Spii6ts&lrter? anc* Phinebas Miller. Three of each refpeBively are hereby declared to be a quor
license them. rum? and who are hereby empowered to nominate, appoint and licenfe fuch perfon
or perfons, as they (hall think to be moll lit and competent to aB as pilots for the
conducing of veffels inward and outward from the feyeral ports for which they {hall
be licenfed, during their good behaviour feverally and refpeBively. And if there
fhall happen to be a deficiency of the faid number of five commiffioners refpeBively,
Vacancies. u M 1 r • 1 <■> i • n , „ . \ *
by death, reiignation or departure out 01 this uate, the furviving or remaining numr
ber, m luch cafe, fhall apply to the governor or commander in chief for the time b^
WHARfS, SHIPPING AND PILOTAGE.
593
Irtg, who is hereby empowered to appoint a new commiflioner or commiflioners to
"fill any vacancy that (hall fo happen, and fo on from time to time, and at ail times
hereafter, whenfoever there (hall be a deficiency of the faid number of five commif-
(ioners for each diftriQ:.
2. And be it further enabled by the authority aforefaid] That from and after the paf- att as pilot
ling of this a£t, no pcrfon (hall be entitled to receive any fee gratuity or reward for esb lcc
conducing or piloting any veffel inward to, or outward from any of the ports or
harbors for which a pilot (hall be licenfed, unlefs fuch perfon is properly nominated,
appointed and licenfed by the commiflioners of the port where fuch veflel is bound
to, or going from, and that no perfon may meddle, interfere, or difturb the licenfed
pilots in the way of their duty*
3. Be it further enaBed by the authority dforefaid, That any perfon or perfons a0:- Penalty f0* s»
ing or pretending to aft as a pilot or pilots without having proper authority, from the doins'
commiflioners aforefaid, (hall for every fuch offence be fubjeft to a fine, not excee-
ding one hundred dollars, at the difcretion of the commiflioners of the port, or a
majority of them, who are hereby authorized to aflefs fuch fine, and inforce the pay-
ment, or imprifonment of the party offending, in the fame manner and time, as is
heretofore pointed out for recovering fines, from pilots or mafters of veflels, not wil-
ling to abide by the award or decree of the commiflioners of pilotage, any law, cuf-
torn, or ufage to the contrary of this aft notwithftanding.
4. And be it further enaBed by the authority aforefaid) That every pilot or pilots, bond aid K
warranted or to be warranted or licenfed as aforefaid, (hall enter into bond with thency"
commiflioners of pilotage, with two or more fecurities in the penalty of two thoufand
dollars to his honor the governor and his fucceffors, for the due execution of their of-
fice, and (hall take and fubfcribe the following oath, to be tendered by the faid com-
miflioners, or any quorum of them, for the time being, before the faid pilot or pi-
-lots fhall be entitled to receive any fee or reward, in that capacity, viz.
"I, A. B. appointed pilot for the port and harbor of do folemnly and fin - And take an
cerely fwear, that I will well and truly execute and difcharge the bufinefs and duty of°ath"
a pilot in the faid port and harbor of , according to the beft of my (kill and
knowledge, and that I will at all times (wind and weather permitting) ufe my beft en-
deavors to repair on board all (hips and veflels that I (hall conceive to be bound for,
Coming into, or going out of the (aid port or harbor of that appears to want
a pilot; and do further fwear, that I will from time to time, and at all times, make
the beft defpatch in my power, to carry fafely out, or bring over the bar, and
£0 the place of difcharge, every (hip or veflel committed to my care; and that I will
from time to time, truly obferve, fulfil and follow to the beft of my (kill, ability, and
knowledge all fuch orders as I (hall from time to time receive from the commiftion-
ers of pilotage or the major part of &em, in all matters and things relating to the bu-
jfinefs of a pilot."
s. And be it further enaBed by the authority aforefaid, That in cafe any damage, differences be,
J -r 1 • ^^rr n 11 1 ■ r t i a t 5 tvcen pilots &
qilpute, complaint, or difference (hall happen or arile, or be made againit, or be- ™stehro°ft^
fcween any mafter or pilot for, or concerning the pilotage of any (hip or veflel, or determined,
any other matter incident, of or relative to the bufinefs, or care of a pilot, in any of
the faid harbors, all fuph damages, difputes, complaints, differences, (when the claim
does not exceed one hundred dollars) are hereby ordered to be heard and determined
by the commiflioners or a majority of them, appointed for the care of the pilotage,
lyherc fuch damage, or difpute fliall happen, who by their decree, arbitrament, or or-
WHARFS, SHIPPING AND PILOTAGE.
der, ilia 11 and may lawfully decide, adjuft, and regulate every fuch damage, difpute,
complaint or difference, and if either of the faid parties, mafter or pilot fhall refufe
to abide by ,fulfil, or perform the decree, or order, or other adj udication of the faid commif-
boners or a majority of them,who ihallhear and determine the fame, the party fo refufing
fin all be fubjeB, in addition to the former award, to the penalty of not exceeding pne
hundred dollars, as the laid commiffioners or a majority of them (hall think proper
to adjudge, the whole to be levied by warrant of diftrefs under the hand and feal of tho
faid commiffioners or any three of them, and fale of the offender's goods, and fuch
part of the faid award and penalty fo inflifted and recovered as the commiffioners in-
fliBing the fame, fhall think reafonableto fatisfy any damage the party aggrieved fhall
fuffer by fuch negleB, aB, matter or thing as aforefaid, {hall be paid to the party ag--
grieved, and the remainder to be applied for improving the navigation of the port
and harbor where fuch penalty is recovered ; and in cafe of default of payment, of
fuch award and penalty, and no property to be found belonging to the party offend-
ing, then and in that cafe an attachment fhall go in like manner under the hand and feal
of the fajd commiffioners, or any three of them, againft the perfon of the party fo re-
fufing, who is hereby to be kept in prifon for a term not exceeding fix months, with-
out bail or mainprize, any thing in this, or any former aB to the contrary notwith-
{landing.
Mats answer*- 6. And be it farther enaBed by the authority aforefaid, That if any fhip or veffel
happeninjjTrom whatfoever or the cargo and freight therein contained, fhall happen to receive .any
vai ° 1 ' damage or mifcarriage, or be loft through the negleB, infufticiency, or default orf
or in any of the pilots for any of the faid harbors, after fuch pilot takes charge of the
fame, and the claim exceeds one hundred dollars, the faid pilot fhall in fuch cafe, on
if over one conviBion thereof in any court of record, in this ftate, be obliged to anfwer and
^toebedrcco- make g°°d to the fufferers, or to the mafter of fuch fhip or veffel, all and every the
•?1«ordcourt damages afid loffes which he, or they fhall fuftain through the faid pilots negleB or
default in any manner or wife whatfoeveTr
Commissioners 7. And be it further enaBed by the authority aforefaid. That if any of the pilots fop
S»ti frem effice. the ports aforefaid for the time being, fhall be found not fufhciently fkilled, or fhall
become incapable of aBing, or fhall be negligent, or mifbehave in his duty towards'
the commiffioners, or any one of them, then and in fuch cafe the commiffioners-of
the port or harbor for which fuch pilot is licenfed, fhall annul or revoke the warrant or
licenfe of every fuch incapable or offending pilot, who fhall thenceforth be totally fuf-
pended, and be deemed incapable to receive and take any fee, gratuity, or reward,*
for the guiding, or piloting of any fhip or veffel inward to, or outward from any of the faid
ports; and if fuch fufpended pilot fhall under any pretence whatfoever, pilot or at-
tempt to pilot any fhip or veffel inwards to, or outwards from any of the aforefaid
ports, he fhall on due proof thereof before the commiffioners or a majority of them $
be fubjeB to a fine for every fuch offence not exceeding one hundred dollars.
stuiefuS'o it further enaB'ed by the authority aforefaid, That any perfon, mafter or
•"board, com- commander that fhall bring any fhip or veffel to any of the bars or the coaft of any
f.=«Ss!opi,y of the faid harbors, and fhall refufe to receive on board any warranted or licenfed pi-'
lot, the faid perfon, mafter or commander, fo refufing and afterwards bringing in the
faid fhip or veffel into any of the ports aforefaid, fhall and is hereby made liable to
pay the pilot firft offering to come on board fhip or veffel without the bar, to take
charge thereof as pilot, the fame rates, dues, and payments, as are herein after par-
iieularly expreffed and provided, and to be paid in the fame manner, as if the faid pf-
WHARFS, SHIPPING AND PILOTAGE.
595
lot had a&ually piloted the fame fhip or veffel into any of the faid ports or har
bors.
9. And be it further enaBed by the authority aforefaid, That the mafter or com man- 3halltu„th,
der of any fhip or veffel for the confideration of the pilotage of the faid fhip or vef-edhy^Sk.
fel inward to, or outward from any of the ports or harbors aforefaid, fhall pay un-Jj£u°£ser<,oi
to the licenfed pilot that fhall take charge of the fame, the feveral fum and fums of
money, rates, and prices as are eftablifhed by the board of commiffioners, as fullyand
ample fatisfa&ion unto the faid pilot, for his care and charge in bringing in, or carry-
ing out every fuch fhip or veffel; and if any licenfed pilot fhall afked or demand more
fees for his fervices than is fpecifiedin the rates of pilotage, on due proof thereof be-
fore the commiffioners or a majority of them, he fhall forfeit double the amount of
fuch veffel's pilotage.
* 10. And be it further enaBed by the authority aforefaid, To encourage as much as T, !!otwh#
may be pilots to attend the bars, that all and every licenfed pilot bringing any veffel fafe
from fea, fhall have the preference of bringing fuch lhip or veffel up and down the
river, and to fea again, provided they give their attendance and are duly qualified,itout-
and if any mafter or owner of any veffel in the port employ any other pilot to carry
his veffel down the river or to the fea, but the pilot who brought her in, or one be-
longing to the fame boat, unlefs good and fufhcient caufe fhall appear therefor, on due
proof thereof before the commiffioners, fhall be liable to a fine not exceeding one
hundred dollars, one half to the pilot claiming the pilotage of the veffel; but fhould
fuch pilot neglefit or refufe to attend and carry down faid fhip or veffel when ready for
"fea (wind, weather and tide permitting) and thereunto required by the mafter, owner
or confignee, fhall, on conviction thereof before the board of commiffioners, forfeit
the upper pilotage of fuch veffel, and be liable to a fine not exceeding one hundred
dollars; and every pilot aiding on board fuch veffel where he has no right, fhall be lia-
bleto the fame penalty, provided the commiffioners have not fufhcient evidence of the
neceffity of his aiding.
. 11. And be it further enaBed by the authority aforefaid, That all and every pilot SnhelU
In any of. the harbors aforefaid, when he has brought any fhip or veffel to anchor inscls'
any of the aforefaid harbors, fhall and is hereby directed and required to moor fuch
fhip or veffel, or to give proper direction for the mooring of the fame, and for their
*;fafe riding at fuch mooring.
12. And be it further enaBed by the authority aforefaid, That if any pilot or pilots Maybe compel-
''•'belonging to any port in this ftate, fhall meet at fea with any veffel or veffels bound another puit,
- to another port within the fame, fuch pilot or pilots fhall, if capable and thereunto
required, take charge of and pilot the fame into fuch port, and fhall be paid two dol-
lais per day for every day fuch pilot fhall be on board fuch veffel at fea without the
bar, over and. above the ufual rates of pilotage; and no other pilot fhall interfere
while the fir ft is willing to continue his fervices.
13. And be it further enaBed by the authority aforefaid, That all veffels .entering and afcio°belfi
clearing within this ftate fir all pay the feveral rates of pilotage, if a licenfed pilot b,'ail ves^*'
offered, except the conftant coafting velfels to and from Charlefton, and they fhall
.'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, cuftom or ufage to the contrary notwith-
■ftanding; but veffels coafting from one port to another within the ftate fhall not be
liable fo pay pilotage, unlefs a pilot is required to afit on board*
596
WORKHOUSE FOR THE CUSTODY OF NEGROES.
Fin« appropri- ^ fa ^further enaHed by the authority aforefaid, That all fines or parts of fices
that may be recovered under this aft, and fhall not be awarded by the cornmiffioners
to the party complaining, (hall go to the fund for improving the navigation of the
port.
mad?to g'ive 15. And whereas there has been inflances of captains of veffeis refufing to pay the
Sardfeeshc pilots agreeable to rates, after getting to lea, in which cafe'the faid pilots have no re-
medy: Be it further enaHed, That the captains of fuch veffeis as have no owner or
confignee in the port, fhall be obliged, if requefled by the pilot attrng on board, to
give fecurity for the faithful payment of the pilotage before faid veffei leaves fuch
port.
sue may piead" 16. And be it further enaHed by the authority aforefaid, That if any perfon or per*
Tons authorized to carry this aft into execution fhall be fued or profecuted for any
matter or thing to be done in purfuance thereof, it fhall and may be lawful for fuch
perfon or perfons to plead the general iffue, and give this aft and the fpecial matter in
evidence.
Repealing 17. And be it further enaHed by the authority aforefaid, That all former afts refpec-
caUiC' ting the regulations of pilots and pilotage are hereby repealed.
D A VID'MERI WETHER, Speaker of the Houfe of Reprefent&tives,
DAVID EMANUEL, President of the Senate,
Affented to December 6, 1799.
JAMES JACKSON, Governor.
WORKHOUSE FOR THE CUSTODY OF NEGROES.
An aH for regulating a workhoufe for the cufody and punifhment of negroes.
*t«a»bte. 1. "YTTHEREAS a law for regulating a workhoufe for the confinement of ne~
W groes and punifhment for fuch as are obftinate and diforderly is highly
neceffary;
Comfnissianers Be it enaHed, That Jofeph Ottolenghe, William Ewen and John Morel, efqrs.
the workhouse Alexander Fyfe and Benjamin G-oldwire, fhall, and they are hereby nominated
©f slaves. and appointed cornmiffioners for the ordering and taking care of the faid workhoufe j
Their powers, "which faid cornmiffioners or any three of them, fhall have full power and authority
to do and tranfaft all and every the matters in and by this aft enjoined and direfted
to be done by them ; which cornmiffioners fhall be and continue until Eafter-rnonday,
in the year one thoufand feven hundred and fixty-four, after which the fame number
of cornmiffioners fhall be annually chofen and elefted at the fame time and in the
fame way as is appointed for choofing parifh officers: And the cornmiffioners fo cho-
fen refufing to aft, fhall be and they are hereby made liable to pay the fame fine as
is impofed on church wardens refufing to a6t.
^ 2. And be it further enaHed, That the faid cornmiffioners fhall, within two months
appointed by after the paffing of this aft, appoint a fit and proper perfon to be mafter or
iio«erTmis warden of the workhoufe for fuch term and time, not exceeding the term of three
WORKHOUSE FOR THE CUSTODY OF NEGROES.
597
years, as they'(hall think fit, or during his good behaviour; to have and take the care
and charge of the workhoufe, and of the negroes that from time to time {hall be fent
or committed to his care; Ancl the faid commiffioners are hereby empowered to con Kisfce®.
traCt with fuch mafter or warden, to have and take fuch fees, perquifues and advan-
tages out of the profits of the work and labor of fuch (laves as (hall be commuted
or fent to the workhoufe, or fuch other dated falary out of the profits of the fame,
as they (hall think reafonable during the time of his appointment.
3. And be it further enabled, That the inafter or warden of the workhoufe to be The wu-terdi-
appointed as aforefaid, (hall have power and authority, and he is hereby authorized, p!op^"Vin
empowered and direCted to fet all fuch negroes (criminals excepted) as (hall from time and whij) tlieiti
to time be duly fent or committed to his cuftody, to work and labor (if they be able)orirunt em-
for fuch time as they (hall continue and remain in the workhoufe, and to punifh them
by putting fetters or (hackles upon them, and by moderate whipping, not exceeding
twenty (tripes in one day.
4. And be it further enabled. That the faid mafter and warden of the workhoufe shalIprovidc
(hall provide as there (hall be occafion iuitable materials for the employment of fuch
negroes as (hall be committed to his cuftody (except as before excepted;) and all the
profits that (hall arife by the labor of fuch negroes fo to be employed (hall be paid
by the faid mafter or warden to the faid commiftioners, who (hall apply the fame to-
wards the difcharge- of the faid matter's fees or falary and in providing materials for
the faid negroes' employment.
5. 6, 7, 8, Sc 9, Re-enaCted by aft of 1770. Vide feftions 24, 25, 26, & 28.
10. And be it further enacted, That any perfon or perfons having ftubborn, obfti- KATtSir
nate or incorrigible negroes or (laves, may fend and commit them to the workhoufe, owner,direct,
there to be kept to hard labor, or otherwife to be corrected as they (hall direCt; and the
mafter and warden is hereby ftriftly commanded and required to execute the fame,
the owner or owners thereof paying for the correction and maintenance of fuch (lave
or (laves during his or their confinement, at the following rates, viz. fixpence for each 5£^orthe
day's maintenance, and one (hilling and fourpence for each chaftifement that the
owners may direCt.
11. And be it further enafted, That in cafe of the death, abfence or refufal to aft, VacMldesof
of any of the commiffioners named in this aft, the afting commiffioners, or the ma-commi5si(ma8»
jority of them, (hall appoint other proper perfons as commiffioners in the room of
ihofe who may die, be abfent, or refufe to aft as aforefaid.
12. And be it further enaBed) That this aft (hall be and continue in force during £f0[£Kaion
the term of three years from the paffing of the fame, and from thence to the end of
the next feffion of the General Affembly, and no longer.
By order of the Commons Houfe of Affembly.
LEWIS JOHNSON, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident,
Savannah, in the Council Chamber, April 7, 1763.
Affented to,
JAMES WRIGHT.
WORKHOUSE FOR THE CUSTODY OF NEGROES.
AnaB to amend and continue an aB for regulating a workhoufe for the cufiody andpunfh•>
ment of negroes.
preamb^ i. 7TIEREAS in and by the fifth claufe of the afilof the General Affembly pf
V V this province, entitled " An aB for regulating a workhoule, for the cuftody
and punifhment of negroes^" it is ena6ted that alt and every perfon and perfons with,
in the faid province taking, apprehending and fecuring any runaway or fugitive flave
or (laves, (hall and they are thereby direBed and required, inftead of delivering fuch
fugitive (lave or flaves to the conftables in manner as direBed by an aB of the Gene-
ral Affembly of this province, now expired, entitled u An aB for the better order-
ing and governing negroes and other flaves to fend fuch (lave or flaves immediately
to the mailer or other perfon having the care or management of fuch (laves, if the
perfon taking up fuch (laves does know, or can without difficulty be informed to whonj
fuch (laves do belong.
And whereas by an aB of the prefent General Affembly of this province, entitled
" An aB for the better ordering and governing negroes, and other flaves and to prevent
the inveigling, or carrying away flaves from their matters or employers, it is enaBed
That all fugitive (laves fo taken up (hall be, by the perfon or perfons taking them,
delivered at their option either to the owner of fuch flaves or to any conftable of the
parifh: And whereas, under color of the faid fifth claufe of the aB for regulating a
workhoufe for the cuftody and punifhment of negroes, conftables, when thereunto
required by virtue of the laft recited aB of the General Affembly, for the better or-
dering and governing negroes and other flaves, to prevent the inveigling or car-
rying away flaves from their matters or employers, have refuted to take into their
Fugitive slaves charge and cuftody fuch fugitive flaves: Be it enaBed, That immediately from and
and sent to their after the pafiing of this aB, all and every fugitive flave or flaves taken up and fecured
SSroit'il within this province, (hall be by the perfon or perfons fo taking them up, delivered
wnsuufe86 to owner or perfon having fuch flave or flaves in charge, or to the warden of the
workhoufe, or otherwife be delivered to the conftable of any parifh, agreeable to the
direBion of the thirteenth claufe of the aB for the better ordering and governing ne-
groes and other flaves, and to prevent the inveigling or carrying away (laves from
their matters or employers,
2 And whereas, the faid aB for regulating a workhoufe for the cuftody and pun-
continuation, ifliment of negroes is near expiring, Be it enaBed, That the faid aB, and every part
and claufe thereof, except fuch part of the fifth claufe as is in and by this aB altered
and amended, (hall further continue and be in force, for and during the fpace of
three years from and after the pafling hereof, and from thence to the end of the ne^t
feflion of the General Affembly and no longer.
By order of the Commons Houfe of Affembly.
ALEXANDER WYLLY, Speaker,
By order of the Upper Houfe.
. JAMES HABERSHAM, Prefidenli .
Council Chamber, 26th March, 1767.
A (Tented to.
JAMES WRIGHT.
Executive Department,
Louifville, March 3, 1801.
WHEREAS, agreeably to the aft of the fixthday of December, in the year of
our Lord one thoufand feven hundred and ninety-nine, wherein it is declared,
" That for the more general promulgation of the laws of this ftate, the fecretary of
the ftate with two commiffioners, who fhall be appointed by the legiflature for that
purpole, fliall examine into, digefl and arrange the feveral laws thereof now in force,
and report the fame to his excellency the governor, who fhall approve or disapprove
of the fame;" and " That if his excellency the governor fhall approve of fuch di-
geft of the laws of the ftate as may be reported to him in purfuance of this aft, that
then the fecretary of the ftate fhall, under the direftion of the executive thereof, caufe
to be printed, in a quarto bound volume or volumes, one thoufand copies of fuch
digeft of the laws of this ftate as may be reported by the aforefaid commiffioners and
fecretary of ftate, in terms of this aft." I have attended to the report of a digeft com-
piled by Horatio Marbury and William H. Crawford; and taking into view the eighth
feftion of the third article of the conftitution, to wit: " Within five years after the
adoption of this conftitution, the body of our laws, civil and criminal, fhall be re-
vifed, digefted and arranged under proper heads, and promulgated in fuch manner
as the legiflature may direft."
And whereas the laft legiflature by joint ballot did appoint, in addition to the fe-
cretary of ftate, the acknowledged ftate commiffioner by law, George Watkins, and
William H. Crawford, additional commiffioners to carry into execution the aft for a
digeft as aforefaid:
And whereas the faid feveral commiffioners, the one from duty as ftate commiffion-
er and the others from eleftion, did, on the eighth day of December, one thoufand
eight hundred, aflemble at the ftate-houfe under the faid law, and take the oath requi-
red in and by a refolution paffed both Houfes, and approved by the governor confti-
tutionally on the Second day of December laft, as follows: "I do Solemnly
fwear, that I will, to the beft of my power and ability, and agreeably to the confti-
tuition, revife, digeft and arrange under proper heads, the body of the civil and cri-
minal laws of this ftate, and that I will in no wife or manner whatever infert in the
faid digeft a certain ufurped aft, entitled 6 An aft Supplementary to an aft, entitled
An aft for appropriating apart of the unlocated territory of this ftate for the pay-
ment of the late ftate troops, and for other purpofes therein mentioned, declaring the
rights of this ftate to the unappropriated territory thereof, for the protection and fup-
port of the frontiers of this ftate, and for other purpofes.' So help me God." And
George Watkins, after being Solemnly Sworn, never attended to perform his duty,
whether actuated by motives to defeat the due execution of-public powers, or others,
not afcertained:
Boto ttnota ge, legislator#, rilijen# anO people of dfteorgta. That i,
James Jackson, Governor thereof, in conformity to and in obedience of the afore-
mentioned aft, do confirm and eftablifh Marbury and Crawford's reported digeft as
the digeft of the ftate, believing that every ufeful aft of force is in it, and that no ma-
terial aft to injure private or public happinefs or property is withdrawn or concealed
from it.
I therefore approve and ratify it, leaving an appendix and proper index, for
which their charafters and further emoluments are interefted, to their future atten-
tion. and to a revifal by the legiflature,
JAMES JACKSON.
HMtf
APPENDIX.
TREATY AT AUGUSTA,
With the Cherokee and creek Indians, in 1773,
Georgia,
At a congrefs held at Augufta, in the province of Georgia, onthefirft day of June, Treat?with
in the year of our Lord one thoufand feven hundred and feventy-three, by his cheSe5s.aft4
excellency Sir James Wright, bart. captain general and commander in chief of
the faid province, and the honorable John Stewart, efq. his majefty's fole agent
for and fuperintendent of Indian affairs in the fouthern diflrift of North America,
and the feveral chiefs of the Cherokee and Creek Indians, who are authorized and
empowered by the feveral tribes of the Cherokees and Creeks to attend at this
congrefs, and to a& for them and each of them:
WHEREAS the Cherokee Indians did fome time ago propofe to the aforefaid go-
vernor and the fuperintendent, to cede unto his moft facred majefty king George
the Third a certain traH of land, fituate, lying and being within the province of
Georgia, on the river Savannah, above Little River, and extending up Savannah
kiver above Broad River, and acrofs the country towards the Oconee River, and
which the faid Cherokee Indians claimed as their right and property: And whereas
the faid Cherokee Indians, having confidered of their great poverty and diflrefs, and
finding it to be out of their power to pay their debts due from them to their traders in
the ulual way, by hunting and getting deerfkins, declared themfelves under the ne-
ceflity of making the above propofition, and requefted the faid governor and fuper-
jntendent to lay their diflreLfed fituation before his majefty, and to implore that he
would be gracioufly pieafed to accept of a ceflion of the faid lands from them, and
that the fame might be appropriated towards the payment of their debts juftly due to
the unfortunate people who had been trading amongft them fince the peace made with
them, which was in the year one tboufand feven hundred and fixty-one, that fo their
traders might be enabled to furnilh them with goods as ufuah And whereas the dif-
ire fled ftate and condition of the faid Indians, together with their propolition and
tequeft as aforefaid, having been fully reprefented uiito his majefty, who being gra-
cioufly difpofed to relieve the faid Indians from their neceflities and diftrefs, and to
promote andpreferve peace and good order between and amongft them and his ma-
jefty's fubje&s trading with them, was pieafed to confent to receive a ceflion of the
APPENDIX.
faid lands for the purpofes aforefaid, and hath given inftru&ions to his fa id governor
and fuperintendent to hold a congrefs with them, and to take a ceffion of the faid lands
accordingly:
And whereas the Creek Indians do alfo claim to have a right and property in the
faid lands claimed by the Cherokee Indians, and propofed to be ceded by them as
aforefaid: And whereas the faid Creek Indians, in confideration of the payment of
the debts juftly due from them to the perfons trading with them fince the above pe-
riod, have alio confented and agreed to join in the faid ceffion, and alfo to add fome
further lands to thofe propofed to be ceded by the Cherokee Indians: And whereas
bis majefty hath been alfo pleafed to approve of the fame, and to dire&that a ceflTort
of all the faid lands be received and taken jointly from both the Cherokee and Creek-
Indians; It is therefore confented and agreed by and between the feveral Indian chiefs
prefent, and who have figned this treaty of ceffion, as well Creeks as Cherokees, and
who declare themfelves to be fully and abfolutely authorized and empowered by the
feveral kings, head men and warriors of the Upper and Lower Creeks and of all the
Cherokee country, for and in behalf of themfelves and their feveral nations and
tribes, in manner and form following, that is to fay: We, the faid Indian chiefs, as
well Creeks as Cherokees, do freely offer and requeft, that the faid governor and fu-
perintendent, in behalf and for the ufe of his moft facred majefty George the Thirdy
and to his fucceffors forever, will accept of a grant and ceffion of the feveral lands
herein after mentioned and defcribed, that is to fay: To begin at the place where
the Lower Creek Path interfefts Ogechee RiveF; and along the main branch of faid
river, to the fource of the fouthernmoft branch of faid river; and from-thence along,
the ridge between the waters of Broad River and Oconee-River, up to the Buffalo^
Lick; and from thence in a ftraight line to the tree marked by the ChetfokeesyUea? the
head of a branch falling into the Oconee River; and from thence along the faid ridggy
twenty miles above the line already run by'the Cherokees; and from therfte act^a-ip-
Savannah River by a line run parallel wit-h that formerly marked by them : And the'
Creeks, by Saleachie, and Taleachie, and other head men of the Lower Creeks, alfo
cede from the prefent boundary line at Phinhotaway Creek, on the Alatam&ha River,
up the faid river to an ifland oppofite to the mouth of Barber Creek, and from thence
acrofs to Ogechee River, oppohte to the road about four miles above Buck-heady
where a canoe ferry ufed to be kept. And we, the faid feveral Indian chiefs,for our-
felves and our feveral nations and tribes of Indians, do hereby folemnly declare, that
we do fully and clearly underhand every part of this treaty and ceffion, it having beer*
fully interpreted and explained to us, and that the fa trie is made at our own requefti
and for our own benefit and advantage, and for and towards the payment and fatisfac-
tion of the feveral debts which are juftly due and owing from us to the feveral performs
who have traded and fupplied us with goods as aforefaid. And we, the faid Cr^k
Indian chiefs and Cherokee Indian chiefs, in confideration aforefaid, do by thbfe
prefents, in the moft folemn manner, for us and our feveral nations and tribes, fully^
and abfolutely give, grant and confirm unto his moft facred majefty king George the'
Third, all and lingular the lands herein before mentioned and defcribed. And wedoy
for ourfelves and our nations and tribes as aforefaid, and for each and every of us
and them, furrender and yield up all and each and every of our refpehlive rights,
titles, intereft, claim and property of and in the aforefaid lands, unto his faid majefty
king George the Third; TO HOLD the fame unto him and his fucceffors forever.
And we the faid Creek Indian chiefs do hereby fully and abfolutely agree5 that from
APPENDIX.
henceforth the above lines and bounding fhall be the mark of divifion of lands between
his majefty's fubje&s in the province aforefaid, and as the faid Creek Indians, notwith-
(landing any former agreement or boundary to the contrary; and that we will not
difturb any of his majefty's fubje&s in their fettlements, or otherwife within the lines
aforefaid. In confideration whereof, it is agreed on the part of his majefty, that
the monies arifing by fale of the lands ceded as aforefaid, after defraying the expence
jof this congrefs and fuch other charges and expences as will neceffarily arife in Carry-
ing this meafure into execution, fhall be applied towards'the payment and fatlsfaflion
of fuch debts as fhall appear to be juftly due and owing from the Indians to their
traders as aforefaid.
In tejlimony whereof \ We, the faid governor and fnperintendent, have figned this
prefent treaty or deed of ceffion, and put to it our refpe&ive feals, the day and year
above written; and the feveral kings and chiefs of the feveral nations and "Wibes of
Indians, have alfo fet their hands and feals to the fame, at the time and place afore*,
faid.
TREATY AT AUGUSTA,
WITH THE CHEROKEE INDIANS, IN 1783.
(Feocgta.
Articles of a convention held at Augufla, in the county of Richmond, and ftate afore,*
faid, this thirty-firft day of May, in the year of our Lord one thoufand feveri
hundred and eighty-three, and in the feventh year of the independence of the faid
ftate, between his honor Lyman Hall, efq. governor and Commander in chief in
and over the faid ftate, general John Twiggs, colonel Elijah Clark, colonel W. Few,
the honorable Edward Telfair, efq. and general Samuel Elbert, coiumiftio'ners ap-
pointed by the legiflature of the fame, on the one part, and Tarpin, of the Lower
Towns, Tarpin, fon of the great warrior, the Bird-in-clofe, or the Che qua ena,
Nenean Jackj .Claunaw, Chicafaw Tue, Afcafter, Apiakantie, Claw Waftief
Joenatua, JuJataha^ John Chifqua Una, China Wata, Calata, Junaftuta and
Canauta, head men, warriors, and chiefs of the hordes or tribes of Cherokee In-
dinas, in behalf of the faid nation, on the other part, as follows;
WHEREAS a good underftandjng and union between the inhabitants of the faid
ftate and the Indians aforefaid, is reciprocally neceffary and convenient, as well
on account of a friendly intercourfe and trade, as for the purpofes of peace and hn-
manity; It is therefore agregd and covenanted;
I. That all differences between the Caid parties heretofore fub lifting, fhall ceafe and
be forgotten,.
II, That all juft debts due by any of the faid Indians to any of the merchants or
traders of the faid ftate, fhall be fairly and fully paid, and all negroes^ horfes, or ojthgr
property, taken during the late war fhall be reftored, *
APPENDIX.
III. That a new line Shall be drawn without delay, between theprefent fettlements
in the laid ftate and the hunting grounds of the faid Indians; to begin on Savannah
River where the prefent line ftrikes it, thence up the faid river to a place, on the
moil northern branch of the fame (commonly called Keowee) where a north eaft
line, to be drawn from the top of the Ocunna Mountain, (hall interfeft ; thence
along the faid line in a fouthweft direction, to the top of the faid mountain ; thence
in the fame direction to the Tugalo River; thence to the top of the Currohee Moun-
tain; thence to the head or fource of the mod fouthern branch of the Oconee
River, including all the waters of the fame; and thence down the middle of faid
branch to the Creek line,
IV. In confideration of the friendship, which the people and government of the
faid ftate bear to the Indians aforefaid, and of their good will evinced by their pre-
fent attendance, the governor and commiffioners aforefaid, have made prefents to
them of a considerable amount, which they hereby acknowledge to have received.
V. That a trade Shall be carried on by the traders and merchants of the faid ftate,
to the towns of the faid Indians; in which the traders who Shall refide among them
and the pack-horfemen in going and coming Shall be protected; the trade to be fub-
jeCt to future regulations of government.
VI. Andlaftly, they the faidheadmen, warriors and chiefs, whofe hands and feals
are hereunto affixed, do hereby, for themfelves and for the nation they are empow-
ered and do effectually reprefent, recognize, declare and acknowledge, that all thfe
lands, waters, woods and game lying and being in the ftate, eaftward of the line
herein before particularly mentioned and defcribed, is, are and do belong, and of
right appertain to the people and government of the ftate of Georgia; and they, th^
Indians aforefaid, as well for themfelves as the faid nation, do give up, reieafe, alien,
relinquish and forever quit claim to the fame or any part thereof.
Done and executed at Augufta aforefaid, the day and year above mentioned, in
the prefence of thofe whofe names are fubfcrfbed.
LYMAN HALL.
JOHN TWIGGS.
ELIJAH CLARK.
W. FEW.
(1.5.) TARPINE.
(L. 5.) TARPINE.
(A. 5.) CHE QUA ENA.
(A. 5.) NENEAN JACK.
(A. 5.) CLAUNAU.
(A. 5.) CHIGKASAW-TUE.
X (A. S.J
X (A. 5.)
X (L. S.)
EDWARD TELFAIR.
S, ELBERT,
ASCASTER.
AMAKANTIE.
CLAWASTIE.
JOENATUA.
JUL AT AH A.
JOHN.
CHISQUA UNA.
CHINA WATA.
CALATA.
JUNASLUTA.
CANAUTA.
CAT.
X (A. S.)
X (L. S.)
X (X. S.)
X (L. s 'l
X (L, S.)
X (A. 5.)
X (A. 5.)
X (L. S.)
X (L. S.)
X (A. S.)
X (A. S.J
Witnefs,
GEORGE WALTON.
ANDREW M'LEAN,
X (A. 5.)
X (T c \
Appendix.
TREATY AT AUGUSTA,
with the creek. indians, in 1783.
CSeorgta.
Articles of convention held at Augufta, .in the county of Richmond* and ftate afore-
faid, this firft day of November, in the year of our Lord one thoufarid feven hun-
dred and eighty-three, and in the eighth year of the independence of the faid ftate,
between-John Twiggs, Elijah Clark, Edward Telfair, Andrew Burn's and Wil-
liam Glafcock, commiffioners appointed by the authority of the fame, on the one
part, and the Tallefee King, Tallefee Warrior, the Fat King, Mad Fifh, Top-
war King, Alachago, Hitcheto Warrior, Okoney, Okolege, CufeKing, Second
Man, Inomatwhata, Inomatawtufnigua, Head Warrior, Gugahacho, headmen,
warriors and chiefs of the hordes or tribes of Creek Indians, in behalf of the
faid-nation, on the other part, as follows:
WHEREAS a good underftanding and union between the inhabitants of the
faid ftate and the Indians aforefaid, is reciprocally neceffary and convenient,
as well on account of a friendly intercourfe and trade as for the purpofes of peace
and humanity; It is therefore agreed and covenanted:
L That all differences between the faid parties heretofore fubfifting, fhall ceafe
and be forgotten.
II. That all juft debts due by any of the faid Indians to any of the merchants or
traders of the faid ftate, fhall be fairly and fully paid; and all negroes, horfes, cattle
or other property taken during the late war, fhalLbe reftored.
III. That a new line fhall be drawn without delay, between the prefent fettlements
in the faid ftate and the hunting grounds of the faid Indians; to begin on Savannah
River, where the prefent line ftrikes it, thence up the faid river to a place on the
molt northern branch of the fame, commonly called Keowee, where a northeaft line,
to be drawn from the top of the Ocunna mountain, fhall interfeft; thence along the
faid line in a fouthweft direftion to the faid mountain; thence in the fame direftionto
Tugalo River r thence to the top of the Currohee mountain; thence to the head or
fource of the moft fouthern branch of the Oconee River, including all. the waters of
the fame; thence down the faid river to, the old line.
IV. In conftderation of the friendfhip which the people and government of the
faid ftate bear to the Indians aforefaid, and of their good will evinced by their pre-
fent attendance, the commiffioners aforefaid have made prefents .to them to a confi-
derable amount, which thpf hereby acknowledge to have received.
V. That a trade fhall be carried on by the traders and merchants of the faid ftate
to the towns of the faid Indians j in which the traders who fhall reftde among them
APPENDIX.
and the pack-horfemen in going and coming fhall be protefted; the trade to be fub-
jeft to future regulations of government,
VI. And laftly, they the faid head men, warriors and chiefs, whofe hands and feals
are hereunto affixed, do hereby for themfelves and for the nation they are empowered
and do effeftually reprefent, recognize, declare and acknowledge, .that all the lands, wa-
ters, woods and game, lying and being in the ftate eaftward of the line herein before
particularly mentioned and defcribed, is, are and do belong, and of right appertain
to the people and government of the ftate of Georgia; and they the faid Indians
aforefaid, as well for themfelves as the faid nation, do give up, releafe, alien, reliri^
quiffi, and forever quit claim to the fame and every part thereof.
Done and executed at Augufta aforefaid, the day and year above mentioned, in the
prefence of thofe whofe names are fubferibed,
JOHN TWIGGS. (L. S.) TALLESEE KING, X (L. S.\
ELIJAH CLARK. (Z. S.) TALLESEE WARRIOR. X (L. sS
EDWARD TELFAIR. (Z. S.) FAT KING. X (Z. S.)
ANDREW BURNS. (Z. S.) MAD FISH. X (L. S.)
WILLIAM GLASCOCK. (L. S.) TOPWAR KING. X (L. S.)
ALACHAGO. X (L. S.) '
HITCHETO WARRIOR, X (L, S.)
OKOLEGE. X (L. S.)
COWETAW. X (Z. S.\
CUSE KING. X' (L. S.)
SECOND MAN. X (Z. S.)
INOMATUHATA. X (£. S.)
INOMATAWTUSNIGUA. X (L. S.)
SUGAHACHO. X (Z. S.)
Signed, fealed and delivered in prefence of Cornelius Dyfart, Richard Henfon,
John Lamar,
APPENDIX.
TREATY AT GALPHINTON,
WITH THE CREEK INDIANS, IN 1785.
Articles of a treaty concluded at Galphinton, on the twelfth day of November, one
. thoufand feven hundred and eighty-five, between the underwritten commiffioners,
p in behalf of the ftate of Georgia, of the one part; and the kings, head men and
warriors in behalf of themfelves, and all the Indians in the Creek nation of the
other in the following conditions.
ARTICLE I.
THE faid Indians for themfelves and all the tribes or towns within their refpeftive
nations, within the limits of the ftate of Georgia, have been and now are mem-
bers of the fame, fince the day and date of the conftitution of the faid ftate of
.Georgia.
II. If any citizen of this ftate or other perfon or perfons (hall attempt to fettle
or run any of the lands referved to the Indians for their hunting grounds, fuch per-
;fpn or perfons may be detained until the governor fhall demand him or them, and
tthen it fhall be lawful for any of the tribes near fuch offenders to come and fee the
punifhment, according to fuch laws as now are or hereafter fhall be enabled by the
faid ftate for trying fuch offences.
III. It fhall in no cafe be underftood, that the punifhment of the innocent, un-
der the idea of retaliation fhall be prabtifed on either fide.
IV. If any citizen of this ftate or other white perfon or perfons fhall commit a
robbery or murder or other capital crime on- any Indian, fuch offenders fhall be de-
livered up to juftice, and fhall be tried according to the laws of the ftate, and due
notice of fuch intended punifhment fhall be fent to fome one of the tribes.
V. If any Indian fhall commit a robbery or murder or other capital crime on
any white perfon, fuch offenders fhall receive a punifhment adequate to fuch offence,
and due notice of fuch intended punifhment fhall be given to his honor the go-
vernor.
VI. In cafe of any defign being formed in any neighboring tribes, againft the
peace or fafety of the ftate, which they fhall know or fufpebl, they fhall make known
the fame to his honor the governor,
VII. All white perfon or perfons fhall be at liberty and conduced in fafety into
the fettled parts of the ftate when they fhall require it, except fuch perfons as fhall
come under the reftribiions pointed out in the fecond article.
VIII. The faid Indians fhall reftore all the negroes, horfes or other property
Appendix.
that are or may be among them, belonging to any citi-zen of this ftate or any other
perfon or perfons whatever, to fuch perfon as the governor fhall dire£t.
IX. That the trade with the faid Indians fhall be carried on as heretofore.
X. All horfes belonging to any Indian that fhall be found in the faid ftate, fuch
horfes fhall be reftored to fuch perfon as the head men or the tribe where fuch Indian
may relide fhall direct.
XI. The prelent temporary line referved to the Indians for their hunting ground,
fhall be agreeable to the treaty held at Augufta in the year one thoufand feven hun-
dred and eighty-three; and that a new temporary line fhall begin at the forks of
the Oconee and Oakmulgee Rivers, thence in a fouthweft dire&ion, until it fhall
interfeft; the moft fouthern part of the ftream called St. Mary's River, including all
the iflands and waters of the faid ftream, thence down the faid river to the old
line. And all the ground without the faid new temporary lines, when run and com-
pleted, fhall be referved to the Indians for their hunting grounds as aforefaid.
In witnefs whereof the parties have hereunto affixed their hands and feals the day
and year above written.
On the part of the ftate,
JOHN TWIGGS.
'ELIJAH CLARK,
On the part of the Indians*
WARRIOR KING.
O'KEMULGEY TUSKONUCKY.
TUSKIA MICKO.
CUSRATER MICKO.
ENCHALUCKO.
POHILLKE OAKFUSKIES.
INNEHANA UFOLLIES.
ABICO TUSKANUCKY.
INNEHA MICKO.
YAHOLO MICKO.
COSO MICKO.
OPOHELTHE MICKO.
CUSO MICKO.
DICKSON TALLICUS.
UPALAHAJOE.
OPOYHA JOE.
WARTUCKO MICKO.
x (L. S.)
X (L. S.)
X (L. $.)
X (L. S.)
X (L. S.)
X (L. S.)
X (L. S.)
X (L. S.)
X (L. S.)
X (L. S.)
X (L. S.)
X (L. 5.)
X (L. S.)
X (L. S.)
Signed, fealed and delivered in prefence of Thomas Glafcock, John King, J. Cle-
tnents, Jared Irwin, James Darouzeaux* I, P, T, for the ftate of Georgia, Philip
Scott, his X mark, William Moore,
APPENDIX1.
TREATY AT HOPEWELL,
WITH THE CHEROKEE INDIANS, IN 1785.
ORIGINAL.
Articles of a treaty concluded at Hopewell, on the ICeowee, between Benjamin Haw-
kins, Andrew Pickens, Jofeph Martin and Lachlan MHntolh, commiffioners pleni-
potentiary of the United States of America, of the one part, and the head men and
warriors of all the Cherokees of the other;
THE commiffioners plenipotentiary of the United States in Cong'refs aflembled,
give peace to all the Cherokees, and receive them into the favor and prote&iort
of the United States of America, on the following conditions;
ARTICLE I.
The head men and warriors of all the Cherokees, fhall reftore all the prifoners,
citizens of the United States, or fubjebls .of their allies, to their entire liberty ;
They fhall alfo reftore all the negroes, and all other property taken during the late
war from the citizens, to fuch perfon, and at fuch tipie and plage as the commif-
fioners fhall appoint,
ARTICLE IL
The commiffioners of the United States in congrefs affembled, fhall reftore all the
prifoners taken from the Indians, during the late war, to the head men and warriors
of the Cherokees, as early as is practicable,
- 4 ARTICLE III,
The faid Indians for themfelves, and their refpebtive tribes and towns, do acknow-
ledge all the Cherokees to be under the protection of the United States of America,
and of no other fovereign whatfoever,
ARTICLE IV.,
The boundary allotted to the Cherokees for their hunting grounds, between the
faid- Indians and the citizens of the United States, within the limits of the United
States of America is, and fhall be the following, viz. Beginning at the mouth of
Duck River on the Tennefee; thence running northeaft to the ridge dividing the
waters running into Columbia from thofe running into the Tennefee; thence eaft-
wardly along the faid ridge to a hortheaft line to be run, which ftri.ke? the river Cum-
berland forty miles above Nalhville; thence along the faid ling to the river; thence
up the faid river to the ford where the Kentucky road crofffs" the river: thence to
Campbell's line, near Cumberland gap ; thence to the mouth of Claud's Creek on
Holftein; thence to the Chimnevtop Mountain; thence to Camp Creek, near the
mouth of big Limeftone, on Nolichucky; thence a fbuiherly courfe fix miles to a
mountain; thence fouth to the North-Carolina line; thence to South-Carolina In-
dian boundary, and along the fame fouthweft pver the top of the Oconee Moun-
tain till i[t fhall ftrike Tugalo River; thence a direbl line to the top pf the Currolies
^fountain ; thence to the head of the fouth fork of Oconee River,
4 H
APPENDIX..
ARTICLE V.
If any citizen of the United States, or other perfon not being an Indian, fhall at-
tempt to fettle on any of the lands weftward or fouthward of the faid boundary which
are hereby allotted to the Indians for their hunting grounds, or having already fettled
and will not remove from the fame within fix months after the ratification of this trea*
ty, fuch perfon fhall forfeit the prote&ion of the United States, and the Indians may
punilh him or not as they pleafe : Provided 'nevz?ihelefs> That this article fhall not ex-
tend to the people fettled between the fork of French Broad and Holftein Rivers,
whofe particular fituation fhall be tranfmitted to the United States in congrefs affem-
Lied for their decifion thereon, which the Indians agree to abide by.
ARTICLE VI.
If any Indian or Indians, or perfon refiding among them, or who fhall take refuge
in their nation, fhall commit a robbery, or murder, or other capital crime, on any cijti-
zen of the United States or perfon under their protef!ion, the nation or the tribe to
which fuch offender or offenders may belong fhall be bound to deliver him or them up
to be punifhed according to the ordinances of the United States: Provided, That the
punilhment fhall not be greater than if the robbery, qf murder, or other capital crime,
had been committed by a citizen on a citizen.
ARTICLE VII.
If any citizen of the United States, or perfon under their prote&ion, fhall com-
mit a robbery, or murder, or other capital crime, on any Indian, fuch offender or
offenders fhall be punifhed in the fame manner as if the murder, or robbery, or
other capital crime had been committed on a citizen of the United States; and the
punifhment fhall be in prefence of fome of the Cherokees, if any fhall attend at
the time and place, and that they may have an opportunity fo to do, due notice of
the time of fuch intended punifhment fhall be fent to fome one of the tribes.
ARTICLE VIII.
It is underftood, that the punifhment of the innocent, under the idea of retalia-
tion, is unjuft, and fhall not be pra&ifed on either fide, except where there is a
manifeft violation of this treaty, and then it fhall be preceded firfl by a demand of
juftice, and if refufed, then by a declaration of hoftilities.
ARTICLE IX.
For the benefit and comfort of the Indians, and for the prevention of injuries or
oppreffions on the part of the citizens or Indians, the United States in congrefs af-
fembled, fhall have the fole and exclufive right of regulating the trade with the In-
'dians, and managing all their affairs in fuch manner as they think proper.
ARTICLE X.
Until the pieafure of congrefs be known refpeHing the ninth article, all traders,
citizens of the United States, fhall have liberty to go to any of the tribes or towns
of the Cherokees to trade with them, and they fhall be prpte&ed in their perfons and
property, and kindly treated,
ARTICLE XI.
I be faid Indians fhall give notice to the citizens of the United States, of any de=
ligns which they may know or fufpeft to be formed in any neighboring tribe, or by
any perfon whatfoever, againhthe peace, trade or intereft of the United States»
APPENDIX.
ARTICLE XII.
That the Indians may have full confidence in the United States refpeatng their in-
terefts, they (hall have the right to fend a deputy of their choice, whenever they think
fit, to congrefs.
ARTICLE XIII.
The hatchet fhall be forever buried, and the peace given by the tinned States and
friendfhip re-eftablifhed between the faid ftates on the one part, and all the Cherokees
on the other, fhall be univerfal; and the contrafting parties fhall ufe their utmoften-
deavors to maintain the peace given as aforefaid, and friendfhip re-feftablifhed.
In witnefs of all and every thing herein determined between the United States of
America and all the Cherokees, We, their underwritten commifiioners, by virtue of
our full powers have figned this definitive treaty, and have caufed out feals to be here-
unto affixed.
Done at Hopewell^ on the Keowee, this twenty-eighth of November in the year
©f our Lord one thoufand feven hundred and eighty-five.
benjamin Hawkins. (a. s.)
ANDREW PICKENS. (A. 5.)
JOSEPH MARTIN. (A. S.)
lachlan m'intosh. (a. S.)
KOATOHEE, or Corn Taffel of Toquo X (1. S.)
SCHOLAUETTA, or Hanging Man of Chota. X (a. S.)
TUSKEGATAHU, or Long Fellow of Chriftohoe. X (a. S.)
OSKWHA, or Abraham of Chilkowa. X (L. S.)
KOLAKUSTA, or Prince of North. X (a. 5.)
NEWOTA, or the Gritzs of Chicamaga* X (L. S.)
KONATOTA, or the Rifing Fawn of Highwaflay. X (a. S.)
TUCKASEE, or Young Tarrapin of Allajoy* X (L. S.)
TOOSTAKAj or the Waker of Ooftanwa. X (a. S.)
tJNTOOLA, or Gun Rod of Seteco. X (L. S.)
UNSUOAKANAIL, Buffaloe White Calf New Cuffee. X (L. S.)
KOASTAYEAK, or Sharp Eellow, Wataga. X (L. S.)
CHONOSTA, of Cowe. X (a. S.)
CHESCOONWHAj Bird in clofe of Tomotlug. X (a. S.)
TUCKASEE, or Tarrapin Of Hightowa* X (L. S.)
CHESETOA, or the Rabbit of Flacoa. X (a. S.)
CHESICOTETONA, or Yellow Bird of the Pine Log. X (a. S.)
SKETALOSKA* Second Man of Tillico. X (a. S.)
CHOKASOTAHE, Chickafaw Killer Dafonta. X (a. S.)
ONANOOTA, of Koofoatee. . <X (a. S.)
OOKOSETA, or Sower Muffi of Kooloque. X(L> S.)
UMATOOETHA, the Water Hunter, Choikamawgu. X (a. s.)
WYUKA, of Lookout Mountain, X (L. 5.)
TULCO, or Tom of Chatuga. X(L. S.)
WILL, of Akoha. X (a. S.)
NECATEE, of Sawta, X (a. S.)
APPENDIX,
AMORONTAEONO, Kutcloa. X (L. S.)
KOWETATAHEE, ia Frog Town. X (L. 5.)
KEUKUCH, Talkoa. X (L. 5.;
TULATISCA, of Chaway. X (A. o.)
WOOALUKA, the Way La) er, Chota. X(L. o.j
TATLUIS'ft'A, or Porpus of Tilaflh X (L. S.)
TOHN, of Little Tallico. X (L. S.)
SKELILAK. X(L. S.)
AKONOLUCHTA, the Cabin. X (Z. S.)
CHENANOKA, of Kawetakac. X(L.S.)
YELLOW BIRD. X (A. S.)
Witnefs, William Blount, Samuel Taylor, major John Owen, Jeffe Walton,
John Cowan, captain commandant, Thomas Gegg, W. Hazard. James Madifo%
Arthur Coody, fworn interpreters.
TREATY AT HOPEWELL,
WITH THE CHOCTAW INDIANS, IN 1786.
ORIGINAL.
Articles of a treaty concluded at Hopewell, on the Keowee,near Seneca Old Town,
between Benjamin Hawkins, Andrew" Pickens and Jofeph Martin, commiffion-
ers plenipotentiary of the United States of America, of the one part, and Yock-
onahoma, great medal chief of Soonacoha; Yockahoopoie, leading chief of Bug-
toogoloo; Mingohoopoie, leading chief of Hofhooquajj Tobocoh, great medal
chief of Congetoo; Poolhemaftubie, gorget captain of Senayazo;. and thirteen
fmall medal chiefs of the firft clafs, twelve medal and gorget captains, commiffion-
ers plenipotentiary of all the ChoBaw nation, Of the other part:
THE eommiffioners plenipotentiary of the United States of America give peace
to all the ChoBaw nation, and receive them into the favor and proteBion of
the United States of America, on the following conditions:
ARTICLE L
The commiflioners plenipotentiary of all the ChoBaw nation, fhall reflore all the
prifoners, citizens of the United States, or fubjeBs of their allies, to their entire lib-
erty, if any there be in the ChoBaw nation; they fhall alfo reftore all the negroes,
and all other property taken during the late war, from the citizens, to fueh perfon
and at fuch time and places as the commiflioners of the United States of America
fhall appoint, if any there be in the ChoBaw nation.
ARTICLE IL
The commiflioners plenipotentiary of all the ChoBaw nation, do hereby acknow-
ledge the tribes and towns of the faid nation, and the lands within the boundary al-
APPENDIX.
lotted to the faid Indians to Ike and hunt on, as mentioned in the third artkle, to be
under the prote&ion of the United States of America, and of no other fovereign
whofoever.
ARTICLE III.
The boundary of the lands hereby allotted to the Cho&aw nation to live and hunt
on, within the limits of the United States of America, is and fhall be the following,
viz. Beginning at a point on the thirty-firft degree of north latitude where the eaft-
em boundary of the Natches diftriB: fhall touch the fame, thence eaft along the faid
thirty-firft degree of north latitude, being the fouthern boundary of the United States
of America, until it fhall ftrike the eaftern boundary of the lands on which the In-
cliansof the faid nation did live and .hunt on the twenty-ninth of November, one
thoufand feven hundred and eighty-two while they were under the proteftion of the
king of Great-Britain ; thence northerly along the faid eaftern boundary, until it fhall
meet the northern boundary of the faid lands; thence wefterly along the faid nor-
thern boundary until it fhall meet the weftern boundary thereof; thence foutherly along
the fame to the beginning Caving and preferving for the eftablifhment of trading pofts,
three traBs or parcels of land of lix miles fquare each, at fuch places as the United States
in congrefs affembled fhall think proper; which pofts, and the lands annexed to
them, fhall be to the ufe and under the government of the United States of America.
ARTICLE IV.
If any citizen of the United States, or other perfon not being an Indian, fhall at-
tempt to fettle on any of the lands hereby allotted to the Indians to live and hunt on,
fuch perfon fhall forfeit the proteBion of the United States of America, and the In-
diahs may punifh him or not as they pleafe.
ARTICLE V.
If any Indian or Indians, Or perfon refiding among them, or who fhalj take re-
fugein their nation, fhall commit a robbery or murder or other capital crime on any
citizen of the United States of America, or perfon under their protection, the tribe
to which fuch offender may belong, or the nation, fhall be bound to deliver him or
them up to be punifhed according to the ordinances of the United States in congrefs
affembled: Provided, That the punifhment fhall not be greater than if the robbery
or murder, or other capital crime, had been committed by a citizen on a citizen.
ARTICLE VI.
If any citizen of tbe Uni-ted States of America, or perfon under their proteBion,
fhall commit a robbery or murder, or other capital crime, on any Indian, fuch often-
der or offenders, fhall be punifhed in the fame manner, as if the robbery or murder,
or other capital crime had been committed on a citizen of the United States of
America ; and the punifhnvent fhall be in prefence of fome of the ChoBaws, if any
will attend at the time and place; and that they may have an opportunity fo to do,
due notice if pratticable, of the time of fuch intended punifhment {hall be fent to
fome one of the tribes,
ARTICLE VII.
It is underftood that the punifhment of the innocent, under the idea of retaliation,
is unjuft, and fliall not be praBifed on either fide, except where there is a manifeft vio-
AjPl»EtfDl5f.
Iation of this treaty ; and then it fhall be preceded^ firft by a demahd of juftice, ahd
if refufedj then by a declaration of hoflilities.
ARTICLE VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries, or*
oppreffions on the part of the citizens or Indians, the United States in congrefs af«
fembled fhall have the fole and exclufive right of regulating the trade with the Indians
and managing all their affairs in fuch manner as they think proper.
ARTICLE IX.
Until the pleafure of congrefs be known, refpefling the eighth article, all traders*
citizens of the United States of America, fhall have liberty to go to any of the
tribes or towns of the Choctaws, to trade with them, and they fhali be protected iri
their perfons and property, and kindly treated.,
ARTICLE X.
The faid Indians fhall give notice to the citizens of the United States of America*
of any defigns which they may know or fufpe£l to be formed in any neighboring
tribe, or by any perfon whofoever, againft the peace, trade or interefl of the United
States of America*
ARTICLE XI.
The hatchet fhall be forever hurried, and the peace given by the United States of
America, and friendfhip re-eftablifhed between the faid ftates on the one part, and
all the Choctaw nation on the other part, fhall be univerfal; and the contrafling |>ar-
ties fhall ufe their utmoft endeavours to maintain the peace given as aforefaid* gjid
friendfhip re-eftabliffied.
In wifnefs of all and every thing herein determined, between the United States of
America and all the Choctaws, We, their underwritten commiflioners, by virtue of
our full powers have figned this definitive treaty, and have caufed our feals to be
hereunto affixed*
Done at Hopewell on the Keowee this third day of January, in the year of out
Lord one thoufand feven hundred and eighty-fix.
BENJAMIN HAWKINS. X (L. S.)
ANDREW PICKENS. X (X. SJ
JOSEPH MARTIN. X (X. S.)
TOOTEHOOMA. X (X. &)
TOOBENOHOOMOCH. X (Z. S.)
YOCKENAHOMA. X (X. £.)
YOCKEHOOPOIE. X (X. 5.)
MINGOHOOPIE. X (X. S.)
TOBOCOH. X (X. S.)
POOSHEMASTUBY. X(Z.'S.)
POOSHAHOOMA. X (Z. S.)
TUSCOONOOHOOPOIE. X (Z. 5.)
SHINSHEMASTUBY. X (Z. S.)
YOOPAKOO'MA. X (Z. S.)
STOONOKOOHOOPOIE. X (X. &)
TEHAKULIBAY. X (X. S.)
POOSHEMASTUBY.' X (Z. S.)
TUSKKAHOOMOCH. X (Z. S.~)
TUSHKAHOOMOCH. X (Z. £".)
YOOSTENOCHHA. X (Z. S.)
CHECOOPO0HOOMOCH.X (Z. S.)
Apeenimx,
&TONAKQOHQOPO?E.
TUSHKOHEEGOWTA.
TESHUHENOCHLOCH.
rOOSHONALTLA.
OKANCONNOOBA.
BUTOONACHUBA.
PANGUKOOLOCH.
X(Z,S.)
X (X. s.l
X (Z. £.)
X (Z. S.)
X(Z.S.)
X(Z.S.)
STEAEEE. X (£.£.}
TENCTEHENNA. X (X. £.>
TUSHKEMENTAHOCK. X (X. S.)
TUSHTALLAY. X (Z. S.>
ESHNAANGCHABBA. X (Z. 5.)
CUNNOPOIE. X( Z.S.)
Witnefs, William Blount, John Woods, Samuel Taylor, Robert Anderfon, Ben-
jarnin Lawrence, John Pitchlym* James Cob, interpreters.
TREATY AT HOPEWELL,
WITH THE CHICKASAW INDIANS, IN 1786.
ORIGINAZ*
Articles of a treaty concluded at Hopewell, on the Keowee, near Seneca Old Town,
between Benjamin Hawkins, Andrew Pickens and Jofeph Martin, commiffioners
plenipotentiary of the United,States of America, of the one part, and Piomingo,
head warrior and firft minifter of the Chickafaw nation, Mingatufka, one of the
leading chiefs, and Latopoia, firft beloved man of the faid nation, commiffioners
plenipotentiary of all the Chickafaws, of the other part.
THE commiffioners plenipotentiary of the United States of America give peace
to the Chickafaw nation, and receive them into the favor and protection of the
faid ftates, on the following conditions:
ARTICLE I.
The commiffioners plenipotentiary of the Chickafaw nation fhallreftoreallthe pri-
foners, citizens of the United Stales, to their entire liberty, if any there be in the
Chickafaw nation. They {hall alfo reft ore all the negroes and other property taken
during the late war from the citizens, if any there be in the Chickafaw nation, to fuch
perfon and at fuch time and place as the commiffioners of the United States of Auks
rica fhall appoint. t
ARTICLE IE
The commiffioners plenipotentiary of the Chickafaws, do hereby acknowledge tha
tribes and towns of the Chickafaw nation; to be under the protection of the United
Btates of America, and of no other fovereign whatfoever,
ARTICLE III.
The boundary of the lands hereby allotted to the Chickafaw nation to live and
hunt on, within the limits of the United States of America, is, and fhall be the follow-
ing, viz. Beginning on the ridge that divides the waters running into the Cumber-
APPENDIX*
land, from thafe^nnninj^ into the Tennefee, at a point to be run in a line northeaft,
which fliall ftrike the Tennefee, at the tnomh-of Duck River, thence running wefterly
along the faid ridge, till it fhall ftrike the Ohio; thence down the Wth^rn banks
thereof to the Miflifippi; thence down the fame, to the Cho&aw line or Natches diff
triCl; thence ^.long the faid line, or the line of the diftriCt paftwardly as far as the
Chickafaws claimed, and lived and hunted op, the twenty-ninth of November, on.e
thoufand feven hundred and eighty-two; thence the faid boundary eaftwardly, fhall
be the lands allotted to the Cho&aws and Cherokees to live and hunt on, and the lands
prefent in the poffeffion of the Creeks; faving and referving for the eftabliftiment of
a trading poft, a traCl or parcel pf land to be laid out at the lower poft of the Mufcle
Shoals at the mouth of Ocochappo, in a circle, the diameter of which fhall be five
miles on the* River, which poft, and the lands annexed thereto, fhall be
to the ufe and under the government of the United States of America.
ARTICLE IV.
If any citizen of the United States, or other perfon not being an Indian, fhall at^
tempt to fettle on any of the lands hereby allotted to the Chickafaws to live and hunt
on, fuch perfon fhall forfeit the proteftion of the United States of America, and the
Chickafaws may punifli him or not as they pleafe,
ARTICLE V,
If any Indian or Indians, or perfons refiding among them, or who fliall take re-
Fuge in their nation, fhall commit a robbery or murder, or other capital crime, on
any citizen of the United States, or perfon under their proteftion, the tribe to which
fuch offender or offenders may belong, or the nation fhall be bound to deliver him
or them up to be punifhed according to the ordinances of the United States in con-
grefs affembled: Provided, That the pdnifhment fhall not he greater, than if the
robbery or murder, or other capital crime had been committed by a citizen on a
pitizen.
ARTICLE VL
If any citizen of the United States of America, or perfon under their prote&ion,
fhall commit a robbery, or murder, or other capital crime, on any Indian, fuch of-
fender or offenders fhall be punifliecf in the fame manner as if the robbery, or mur-
der, or other capital crime had been committed on a citizen of the United States of
America; and thepunifhment fhall beinprefence of fome of the Chickafaws, if any will
attend at the time and place, and that they may have an opportunity fo to do, due no-
tice, if practicable, of fuch intended -punifliment fhall be fent to fome one of the
tubes,
ARTICLE VII.
It is underflood, that the punifliment of the innocent under the idea of retaliation
is unjuft, and fliall not bepraCtifed on either lide, except where there is a manifeft
violation of this treaty, and then it fliall be preceded firft by a demand of juftice,
and if refufed, then by a declaration of hoftilties.
ARTICLE VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries or
oppreffions on the part of the citizens or Indians, the United States in Congrefs af-
* The name of the river Is not in the original.
APPENDIX.
fembted, (hall have the fole arid exclufive right of regulating the trade with the In-
dians, and managing all their affairs in fuch manner as they think proper.
ARTICLE IX.
Until the pleafure of congrefs be known refpetting the eighth article, all traders,
citizens of the United States, (hall have liberty to go to any of the tribes or towns of
the Chickafaws to trade with them, and they fliall be protected in their perfons and
property, and kindly treated.
ARTICLE X.
The faid Indians fhall give ndtice to the citizens of the United States of America
<of any defigns which they tnay know or fufpeCt to be formed in any neighboring tribe,
or by any perfon whofoever, againft the peace, trade or intereft of the United States
of America.
ARTICLE XI.
The hatchet fhall be forever buried, and the peace given by the United States of
America, and friendihip re-eftablifhed between the faid ftates on the one part, and the
Chickafaw nation on the other part, fhall be univerfal; and the contracting parties
fliall ufe their utmoft endeavors to maintain the peace given as aforefaid and friend-
fhip re-eftablifhed.
In witnefs of all and every thing herein contained between the faid ftates and
Chickafaws, We, their underwritten commiffioners, by virtue of our full powers*
have figned this definitive treaty, and have caufed our feals to be hereunto affixed.
Done at Hopewell, on the Keowee, this tenth day of Januarys in the year of our
Lord one thoufand feven hundred and eighty-fix.
BENJAMIN HAWKINS. (L. S.) PIOMINGO, X (i. S.)
ANDREW PICKENS. (L. S.) MINGATUSKA. X (i. 5.)
JOSEPH MARTIN. (A S.) LATOPOIA. X (Z. S.)
Witnefs, William Blount, William Hazzard, Samuel Taylor, James Cole, fwom
interpreter.
4 I
APPENDIX,
TREATY AT SHOULDER-BONE,
WITH THE CREEK INDIANS, IN 1786.
(Georgia.
Articles of a treaty of peace, amity and commerce, concluded near the mouth of
Shoulder-bone Creek* a branch of the Oconee River, the third day of Novem-
ber, in the year of our Lord one thoufand feven hundred and eighty-fix, and of
the independence of the United States of America fhe eleventh, between the fub-
fcribing commiffioners, in behalf of the ftate of Georgia, of the one part, «ind
the underwritten kings, head men and warriors, in behalf of the Creek nation, on
the other, on the following conditions, namely:
WHEREAS, fince the figning of the Iaft treaty held at Galphinton, and dated
the twelfth day of November, one thoufand feven hundred and eighty-five,
between commiffioners appointed by the faid ftateandthe kings, head men and war-
riors of the faid Creek nation, a6ls of hoftility have been committed by parties of the
Indians on the inhabitants of the faid flate, in violation of the faid treaty, whereby
the friendffiip and harmony fo effentially neceffary to both parties have been greatly
difturbed: And whereas the faid parties are now mutually defirous of renewing a
treaty, which may comprehend fuch articles as will give fatisfa&ion to the party inju-
red, and reflore peace, friendffiip and commerce to both. It is therefore covenant-
ed and agreed:
Firft, The Indians for themfelves and the reft of the kings, head men and warri-
ors of the Creek nation, do promife and engage that fix of their people who were*
of the parties that murdered the fame number (fay fix) of the white inhabitants laft-
fpring, ffiall be put to death, in a manner fatisfa£lory to the perfon or perfons whom,
his honor the governor or the commiffioners may fend to fee it done. And that
the white people who were the means of the faid murders being committed ffiall be.
removed from the nation without delay.
Second, All nogroes, horfes, cattle and other property now in the nation, and
which were taken from the inhabitants of Georgia, ffiall be reftored to fuch perfoa
or perfons as his honor the governor or the commiffioners ffiall direfL All white
or other free people in the nation who are held as prifoners or Slaves fliall alfo- be de-
livered up to the aforefaid perfons.
Third, If any citizen of this ftate or other perfon or perfons ffiall attempt to fet-
tie or run any of the lands referved for the Indians for their hunting grounds, fuch
perfon or perfons may be detained until the governor ffiall be informed thereof, and
demand him or them, and then any of the tribes near fuch offenders, to come and
fee the puniffiment according to fuch laws as now are or hereafter may be ena&ed;
by the laid ftate for trying fuch offenders.
APPENDIX,
. Fourth, The punching of innocent perfons under the idea of retaliation fhall
not be pra&ifed on either fide.
Fifth, If any citizen of the ftate or other white perfon or perfons fhall commit
a robbery or murder or other capital crime on any Indian, fuch offender fhall bede-
livered up to juftice and be tried according to the laws of the ftate, and due notice of
fuch intended punifhment fhall be fent to fome one of the tribes.
Sixth, If any Indian fhall commit a robbery or murder or other capital crime
•on any white perfon, fuch offender fhall receive a punifhment adequate to the of-
fence, and due notice of fuch intended punifhment fhall be given to his honor the
governor.
Seventh, If the Indians fhall know or fufpeft of any defign of any neighboring
tribes again ft the peace or fafety of this ftate, they fhall make the fame known in the
moll expeditious manner to his honor the governor.
Eighth, All white perfons fhall be at liberty, and conduced in fafety into the fettled
parts of the ftate when they fhall require it; except fuch perfons as fhall come under
the reftri&ions pointed out in the third article.
Ninth, The trade with the Indians fhall be carried on as heretofore. And all juft
debts due by any of the laid Indians to any of the merchants or traders of the-faid
ftate fhall be fairly and fully paid.
Tenth, the prefent temporary lines referved to the Indians for their hunting grounds
fhall be agreeable to the treaties held at Auguftaand Galphinton, the former bearing
date the firft day of November, one thoufand feven hundred and eighty-three, and
the latter the twelfth day of November, one thoufand feven hundred and eighty-five,
Cvery part of which is hereby fully confirmed. And the faid lines fhall be marked as
fopn as the Indians can pofiibly make it convenient to come down and fee it done, the
prefent being their hunting feafon. And of their intention of attending for the faid
purpofe they fhall notify his honor the governor, at leaft one month before their de-
parture from the nation.
Eleventh, After the aforefaid lines are marked, neither white perfons nor Indians
fhall be allowed to pafs them without a fpecial licenfe for that purpofe; that for a
white perfon to be from under the hand of his honor the governor, and that for a
trader or Indian from under the hand of the agent of the ftate, or his deputy refid-
. ing in the nation. Any perfon of either party who fhall be found tranfgrefling this
article, fhall be detained until the authority to whom fuch offender belongs fhall be
informed thereof.
Twelfth, In proof of their*good faith and Gncere intentions to perform the before
. mentioned articles, and for the fecurity of the inhabitants of the faid ftate, the In-
dians agree to leave in the hands of the commiflioners five of their people, namely,
Chuuocklie Micko, of the Cowetas; Cuchas, of the Cuffetas; Suckawockie, bro-
ther to the laft named, alfo of the Cuffetas; Emathlocks, fecond man of the Broken
Arrow, and Enautaleche, nephew to the head man of the Swaglos. The faid In-
dians, during their ftay among the white people, fhall be provided with comfortable
diet, lodging and clothing, and be well treated in every other refpefil.
.APPENDIX.
In witnefs whereof the parties have hereunto affixed their hands and fcals the day
and year above mentioned.
On the part of the fiatfc.
JOHN HABERSHAM.
ABRAHAM RAVOT.
J. CLEMENTS.
JAMES M'NEIL.
JOHN KING.
' JAMES POWELL,
FERDINAND O'NEiL.
JARED IRWIN.
On the part of the Indians.
CUSA MICO.
X
X. S.)
NINNEHOMOHTA TUSTE.-
X
X. 8.)
NUCKIE MICO.
X
X. 8.)
MICO CHEE.
X
X. 8.)
HOTHLEPOYA MICO.
X
X. S,)
OPOHETHLE MICO, or Tallifee king.
X
X. S.)
OPAYA LATA.
X
X. S.)
OPAYA HAJO.
X
X. s.)
EUFALA TESLONOKY.
X
X. S.)
OKELLASA HAJO.
X
X. 8.)
ENEATHLACO OPAYA.
X
X. s.
W AWL AT A MICO.
X
X. s.)
OPAYA EMATHLA,
X
X. S.)
OCKEHAN HAJO.
X
X. S.)
OLACKTA.
X
X. S.)
TULJISCA MICO.
X
X. 8.)
TUSTO NUCKIE.
X
X. S.)
HOTTESY MICO.
X
X.
OSUCHEE MATHTA.
X
X. S.)
CVSSITA MICO.
X
X. s.j
ENEA MICO.
X
X. s.)
ENEA THLACO.
X
X. S.)
EPHA TUSTO NUCKIE.
X
x. sS
ESPANE TUSTO NUKIS.
X
X. s)
GOPPITCHU TUSTO NUCKIE.
X
X. s
OKE LESA.
X
X. S.
COUSA TUSTOMUCKIE.
X
X. S.
YAHOLA MICO.
X
X. 5.'
ECONELIOT HAJO,
X
X. S.)
CUSA MICO.
X
X. s.
CUCHAS MICO.
X
X. 5.'
OCHUNNEE HOLA.
X
X. s
FOUSACHEE MICO.
X
X. s.*
HOLAU HAJO.
X
X. s *
TUSIKIA MICO.
X
X. 5.
AUSUNUCK TUSTONUCKIE,
X (X. s.)
APPENDIX.
TUSIKU MICQ. X (L. S.)
J.EOMY JUSTO NUCKIE. X (L. S.)
TOLOBE MATHLA. X (Z. S.)
HITCHETA MICO. X (L. S.)
OPAYE JUSTO NUCHIE. X(X. S.)
TUSTO. NUCHIE. X (L. sS
AULACK HAJO. X (L. S.)
ENEA THLACQ. X (L. S.)
HOPAYE MICO. X (X. S.)
OTHLEPOYA MICO. X (X. S.)
CHUWACKLE MICO. X (X. S.)
ENEUTHLOGKO. X (X. S.)
OLACTE EMATHLA, X (X. S.)
MUOJOY. X (X. S.)
HALLATOWEGIE, X (X. S.)
WILL JONES. X (X. S.)
CHATOSSAHA. X (X. S.)
SOKAKOWAY. X (L. S.)
CUCHAS HAJO. X (X. S.)
TOUTKIS HAJO. X (X. S.)
OPAYOUCHEE. X (I. S.)
TUSK ENCHA. X (Z. S.)
AVAKSE HAJO. X (Z. S.)
Signed, Sealed ana delivered: in prefence of John Twiggs, Daniel M'Murphy,
John Graves, James Darouzeaux, Philip Scot, P. S. his mark, James M, Stewart.
APPENDIX*.
TREATY AT NEW-YORK,
WITH THE CREEK INDIANS, IN 1790.
A treaty of peace and friendfhip made and concluded between the prefident of the
United States of America, on the part and behalf of the faid ftates, and the un-
derfigned, kings, chiefs, and warriors of the Creek nation of Indians on the part
and behalf of the faid nation.
THE parties being defirous of eftablifhing permanent peace and friendlhip be*
tween the United States and the faid Creek nation, and the citizens and members
thereof, and to remove the caufes of war by afcertaining their limits, and making
'other neceffary juft and friendly arrangements: The prefident of the United States,
by Henry Knox, fecretary for the department of war, whom be hath conftituted with
full powers for thefe purpofes, by and with the advice and confent of the Senate of
the United States, and the Creek nation, by the underfigned kings, chiefs, and war-
riors, reprefenting the faid nation, have agreed to the following articles.
ARTICLE I.
There fhall be a perpetual peace and friendfhip between all the citizens of the Unb
ted States of America, and all the individuals, towns and tribes of the upper, middle,
and lower Creeks and Samanolies, compofingthe Creek nation of Indians.
ARTICLE II.
The underfigned kings, chiefs and warriors, for themfelves and all parts of the
Creek nation within the limits of the United States, do acknowledge themfelves, and
the faid parts of the Creek nation, to be under the protection of the United States of
America, and of no other fovereign whatfoever; and they alfo flipulatethat the faid
Creek nation will not hold any treaty with an individual ftate or with individuals of
any ftate.
ARTICLE III.
The Creek nation fhall deliver, as foon as practicable, to the commanding officer
of the troops of the United States, ftationed at the Rock Landing on the Oconee RL
ver, all citizens of the United States, white inhabitants or negroes, who are now pri-»
foners in any part of the faid nation. And if any fuch prifoners or negroes (hould
not be fo delivered on or befdre thefirft day of June enfuing, the governor of Geor-
gia may empower three perfons to repair to the faid nation in order to claim and re-i
ceive fuch prifoners and negroes.
ARTICLE IV,
The boundary between the citizens of the United States and the Creek nation is and
fhall be, from where the old line ftrikes the river Savannah ; thence up the faid river to
a place on the in oft northern branch of the fame commonly called the Keowee, where
a northeaft line, to be" drawn from the top of the Ocunna mountain, fhall interfeCt;
thence along the faid line in a fouthweft direction to the Tugalo River; thence to the
APPENDIX.
top of the Currabee mountain; thence to the head or main fouth branch of the Oco-
nee River, called the Appalachee; thence down the middle of the faid main fouth
branch and river Oconee, to its confluence with the Oakmulgee, which form the ri-
ver Alatamaha; and thence down the.middle .of the faid Alatamaha to the old line on
the faid river; and thence along the faid old line to the river St. Mary's. And in or-
der to preclude forever all difputes relatively to the head or fource of the main fouth
branch of the river Oconee, at the place where it fhall be interfered by the line
aforefaid from the Currahee mountain, the fame fhall be afcertained by an able fur-
Veyoron the part of the United States, who fhall be aflifted by three old citizens of
Georgia, who may be appointed by the governor of the faid ftate, and three old
Creek chiefs, to be appointed by the faid nation; and the faid furveyor, citizens
and chiefs fhall affemblefor this purpofe on the firft day of Oftober, one thoufand
feven hundred and ninety-one, at the Rock Landing on the faid river Oconee, and
thence proceed to afcertain the faid head or fource of the main fouth branch of the
-faid river, at the place where it fhall be interfered by the fine aforefaid, to be drawn
from the Currahee mountain. And in order that the faid boundary fhall be rendered
diflind and well known, it fhall be marked by a line of felled trees at leaft twenty feet
wide, and the trees chopped on each fide, from the faid Currahee mountain to the
head or fource of the faid main fouth branch of the Oconee River, and thence down
the margin of the faid main fouth branch and river Oconee for the diftance of twen-
ty miles, or as much farther as may be neceffary to mark diftindlly the faid boundary.
And in order to extinguifh forever all claims of the Creek nation, or any part thereof, to
any of the land lying to the northward and eaftward of the boundary herein defcribed,
it is hereby agreed, in addition to the confiderations heretofore made for the faid land
that the United States will caufe certain valuable Indian goods now in the ftate of
Georgia to be delivered to the faid Creek nation; and the faid United States will alfo
caufe the fum of one thoufand five hundred dollars to be paid annually to the faid
Creek nation. . And the underfigned kings, chiefs and warriors do hereby, for them-
felves and the whole Creek nation, their heirs and defcendants, for the confideration
above mentioned, releafe, quit claim, relinquifh-and cede all the land to the north-
ward and eaftward of the boundary herein defcribed.
ARTICLE V.
The United States folemnly guarantee to the Creek nation all their lands within
the limits of the United States, to the weft ward and fouthward of the boundary de-
fcribed in the preceding article.
ARTICLE VI.
If any citizen of the United States or other perfon not being an Indian^ {hall
attempt to fettle on any of the Creeks' lands, fuch perfon fhall forfeit the protec-
tion of the United States, and the Creeks may punrfh him or not as they pleafe.
ARTICLE VII.
No citizen or inhabitant of the United States fhall attempt to hunt or deftroy
game on the Creeks' laqds: Nor fhall any fuch citizen or inhabitant go into the
Creek county without a paffport firft obtained from the governor of fome one of
the United States, or the officer of the troops of the United States commanding at
the neareft military poft on the frontiers, or fuch other perfon as the prefident of the
United States may from time to time authorize to grant the fame,
APPENDIX,
ARTICLE VIII-
IF any Creek Indian or Indians, or perfon refKiing among them, or who fhall
take refugc4n their nation, fliall commit a robbery or murder or other capital clime
on any of the citizens or inhabitants of the United States, the Creek nation or town
or tribe to which filch offender or offenders may belong, fliall be bound to deliver
him or them up, to be puniflied according to the laws of the United States.
ARTICLE IX.
If any citizen or inhabitant of the United States or of either of the territorial
diftrifts of the United States, fliall gd into any town, fettlement or territory belong-'
ing to the Creek nation of Indians, and fliall there commit any crime upon or tref-
pafs againft the perfon or property of any peaceable and friendly Indian or Indians,
which if committed within the jurifdiftion of any ftate, or within the jurifdiftion of
either of the faid diftrifts, againft a citizen or white inhabitant thereof, would be
punilhable by the laws of fuch ftate or diftrift, fuch offender or offenders fliall be
fubjeft to the fame puniftiment, and fliall be proceeded againft in the fame manner
as if the offence had been committed within the jurifdiftion of the ftate or diftrift to
which he or they may belong, againft a citizen or white inhabitant thereof.
ARTICLE X.
In cafes of violence on the perfons or property of the individuals of either party*
neither retaliation nor reprifal fhall be committed by the other, until fatisfaftion (halt
have been demanded of the party of which the aggreffor is, and fhall have been re-*
fufed.
ARTICLE XL
The Creeks fhall give notice to the citizens of the United States of any defigns
which they may know or fufpeft to be formed in a neighboring tribe, or by. any per-
fon whatever, againft the peace and interefts of the United States.
ARTICLE XII.
That the Creek nation may be led to a greater degree of civilization, and to be-
come herdfmen and cultivators,. inftead of remaining in a ftate of hunters, the Uni-
ted States will from time to time furnifh, gratuitoufly, the faid nation with ufeful do-
meftic animals and implements of hufbandry; and further to aflift the faid nation in
fo defirable a purfuit, and at the fame time to eftablifh a certain mode of communi-
cation, the United States will fend fuch and fo many perfons to refide in faid nation as
they may judge proper, and not exceeding four in number, who fhall qualify them-
felves to aft as interpreters. Thefe perfons fhall have lands affigned them by the Creeks
for cultivation, for themfelves and their fucceffors in office; but they fhall be pre*
eluded exercifing any kind of traffic,
ARTICLE XIII.
All animofities for paft grievances fhall henceforth ceafe; and the contrafting pat-
ties will carry the foregoing treaty into full execution, with all good faith and fince-
rity.
APPENDIX.
ARTICLE XIV.
This treaty fhall take effeft and be obligatory on the contracting parties as foon as
the fame (hall have been ratified by the prefident of the United States, with the ad-
vice and confent of the fenate of the United States.
In witnefs of all and every thing herein determined, between the United States of
America and the whole Creek nations, the parties have hereunto fet their hands and
feals, in the city of New-York, within the United States, this feventh day of Auguft,
one thoufand feven hundred and ninety.
In behalf of the United States.
H. KNOX, Secretary at War, andfole Commijfioner
for treating with the Cre$k nation of Indians.
In behalf of themfelves and the whole Creek nation of Indians.
ALEXANDER M'GILLIVRAY.
Cuftas.
Little Taili-
fee.
Big Tallifee.
Tuckabatchy.
Natches,
Cowetas.
Of the Bro-
ken Arrow.
Coofades,
FUSKATCHE MICO, or Bird-tail King. X (L. S.)
NEATHLOCK, or Second Man. X (X. S.)
HALLETEMAL THLE, or Blue Giver. X(L.S.)
OPAY MICO, or the Singer. X (X. S.)
TOTKESHAJOU, or Samonia. X (X. S.)
HOPOTHE MICO, or Tallifee King. X (X. S.)
\_OPOTOTACHE, or Long Side. X (X. S.)
" SO HO LESSEE, or Young Second Man. X (L. S.)
OCHEEHAJOU, or Aleck Cornel. X (X. S.)
"CHIN ABIE, or the Great Natches Warfior. X (X. S.)
NATSOWACHEHEE, or the Great Natches. ' X (X. S.)
WARRIOR'S BROTHER. X (X. 5.)
THAKOTEEHEE, or the Mole. X (X. S.)
OQUABEE, - X (X. 5.)
"TUSKENAAH, or Big Lieutenant. X (X. S.)
HOMATAH, or Leader. X (X. 5.)
CHINNABIE, pr Matthews. X (X. 5.)
JULEETAULEMATIIA, or Dry Pine. X (X. S.)
I CHAUOCKLY MICO. X (X. S.)
(COOSADES HOPOY, or the Meafurer. X (X. S.)
t MUTHTEE, or the Milfer. X (X. S.)
[STIMAFUTCHKEE, or Good Humor. X (X. S.)
AlabamaChiej. STILN ALEEJEE, or Difputer. X (X. S.)
Oakjoy. MUMAGECHEE, David Francis. X(X. S.)
Done in prefence of Pvichard Morris, chief juflice of the ftate of New-York;
Richard Varick, mayor of the city of New-Yoik; Marinus Wihet, Thomas Lee
Shippen, of Pennfylvania; John R.utledge, jun. Jofeph Allen Smith, Henry Izard,
Jofeph Cornell, his Xfrnark^ interpreter.
A K
APPENDIX,
TREATY AT HOLSTON,\
WITH THE CHEROKEE INDIANS, IN 1791-
A treaty of peace and friendfhip made and concluded between the prefident of the
United States of America on the part and behalf of the faid ftates, and the under-
figned chiefs and warriors of the Cherokee nation of Indians, on the part and be-
half of the faid nation.
THE parties being defirous of eftablifhing permanent peace and friendfhip be-
tween the United States and the faid Cherokee nation, and the citizens and
members thereof, and to remove the caufes of war, by afcertaining their limits and
making other neceffary, juft and friendly arrangements: The prefident of the United
States, by William Blount, governor of the territory of the United States of Ame-
rica fouth of the river Ohio, and fuperintendent of Indian affairs for the fouthem
diftrift, who is vefted with full powers for thefe purpofes, by and with the advice
and confent of the fenate of the United States, and the Cherokee nation, by the un-
derfigned chiefs and warriors reprefenting the faid nation, have agreed to the follow*
ing articles, namely:
ARTICLE I. ,
There fhall be a perpetual peace and friendlhip between all the citizens of the Uni-
ted States of America, and all the individuals compofing the whole Cherokee nation
of Indians.
ARTICLE H.
The underfigned chiefs and warriors, for themfelves and all parts of the Cherokee
nation do acknowledge themfelves and the faid Cherokee nation to be under the pro-
teftion of the United States of America, and of no other fovereign whofoever; and
they alfo ftipulate, that the faid Cherokee nation will not hold any treaty with any
foreign power, individual ftate, or with individuals of any ftate.
ARTICLE III.
The Cherokee nation fhall deliver to the governor of the territory of the United
States of America fouth of the river Ohio, on or before the firft day of April next,
at this place, all petfons who are now prifoners, captured by them from any part of
the Uhited States; and the United States fhall, on or before the fame day, and at the
fame place, reftore to the Cherokees .all the prifoners now in captivity, which theci-
tizens of the United States have captured from them.
ARTICLE IV.
The boundary between the citizens of the United States and the Cherokee nation
is and fhall be as follows: Beginning at the top of the Currahee mountain, where the
Creek line paffes it; thence a direft line to Tugalo River; thence northeaft to the
Ocunna mountain, and over the fame along the South-Carolina Indian boundary to
the North-Carolina boundary; thence north, to a point from which a line is to be
extended to the river Clinch, that fhall pafs the Hoifton at the ridge which divides the
APPENDIX*
waters running into Little River from thofe running into the Tennefiee; thence up
the river Clinch to Campbell's line, and along the fame to the top of Cumberland
mountain; thence a direft line to the Cumberland R.iver, where the Kentucky road
croffes it; thence down the Cumberland River to a point from which a fouthweft line
will ftrike the ridge which divides the waters of Cumberland from thofe of Duck Ri-
ver, forty miles above Nafhville; thence down the faid ridge to a point from whence
a fouthweft line will ftrike the mouth of Duck River.
And in order to preclude forever all difputes relative to the faid boundary, the fame
fhall be afcertained and marked plainly by three perfons appointed on the part of the
United States, and three Cherokees on the part of their nation.
And in order to extinguifh forever all claims of the Cherokee nation, or any part
thereof, to any of the land lying to the right of the line above defcribed, beginning
as aforefaid at the Currahe'e mountain, it is hereby agreed, that in addition to the con-
fideration heretofore made for the faid land, the United States will caufe certain
valuable goods to be immediately delivered to the underfigned chiefs and warriors,
for the ufe of their nation; and the faid United States will alfo caufe the fum of one
thoufand dollars to be paid annually to the faid Cherokee nation. And the underfigned
chiefs and warriors do hereby, for themfelves and the whole Cherokee nation, their
heirs and defcendants, for the confiderations above mentioned, releafe, quitclaim,
relinquifh and cede all the land to the right of the line defcribed, and beginning as
aforefaid.
ARTICLE V.
It is ftipulated and agreed, that the citizens and inhabitants of the United States,
fhall have, a free and unmolefted ufe of a road from Wafhington diftrid to Mero
diftrift, and of the navigation of the Tenneffee River.
ARTICLE VI.
It is agreed on the part of the Cherokees, that the United States (hall have the fole
and exclufive right ctf regulating their trade,
ARTICLE VII.
The United States folemnly guarantee to the Cherokee nation, all their lands not
hereby ceded.
ARTICLE VIII,
If any citizen of the United States or other perfon, not being an Indian, fhall fet-
lie on any of the Cherokees' lands, fuch perfon fhall forfeit the proteUion of the
United States, and the Cherokees may punifh him or not, as they pleafe.
ARTICLE IX.
No citizen or inhabitant of the United States, fhall attempt to hunt or deftroy the
game on the lands of the Cherokees, nor fliall any citizen or inhabitant go into the
Cherokee country, without a paffport firft obtained from the governor- of fome one
of the United States, or territorial diftrifts, or fuch pther perlon as the prehdent of
the United States may from time to time authorize to grant the fame,
1
APPENDIX.
ARTICLE X,
If any Cherokee Indian -or Indians, or perfons reading among them, or who Chalk
take refuge in their nation, fhall heal a horfe from, of commit a robbery or murder?
or other capital crime, on any citizens or inhabitants of the United States, the Chejo-
kee nation ihall be bound to deliver him or them up, to be punifhed according to the-
laws of the United States,
ARTICLE XI.
Tfany citizen or inhabitant of the United States, or either of the territorial diftrifts
of the United States; fhall go into any town, fettlement or territory belonging to the
Cherokees, and fhall there commit any crime upon, or trefpafs againft the perfon or
property of any peaceable and friendly Indian or Indians, which if committed with-
in the jurifdiftion of any ftate, or within the jurifdiftion of either of the.faid diftrifts,
againft a citizen or white inhabitant thereof, would be punifhable by the laws of fuch
ftate ordiftrift, fuch offender or offenders, fhall be fubjeft to the fame punifhment,
and fhall be proceeded againft in the fame manner as if the offence had been commit-
ted within the jurifdiftion of the ftate or diftrift to which he or they may belong,
againft a citizen or white inhabitant thereof.
ARTICLE XII.
In cafe of violence on the perfons or property of the individuals of either party?
neither retaliation nor reprifal fhall be committed by the other, until fatisfaftion fhall
have been demanded of the party of which the aggreffor is, and fhall have been refit-
fed.
ARTICLE XIII.
^The Cherokees fhall give notice to the citizens of the United States, of any de*
figns which they may know, or fufpeft to be formed in any neighboring tribe, or by
any perfon whatever, againft the peace and intereft of the United States*
ARTICLE XIV.
That the Cherokee nation may be led to a greater degree of civilization, and to
become herdfmen and cultivators, inftead of remaining in a ftate of hunters, the
United States will from time to timefurnifh gratuitoufly the faid nation withufeful im-
plements of hufbandry, and further to affift the faid nation in fo defirable a purfuit,
and at the fame time to eftablifh a certain mode of communication, the United States
will fend fuch and fb many perfons to refide in the faid nation as they may judge prop-
er, not exceeding four in number, who fhall qualify themfelves to aft as interpreters*
Thefe perfons fhall have lands afligned by the Cherokees for cultivation, for them-
felves and their fucceffors in office, but they fhall be precluded exercifmg any^kind of
traffic.
ARTICLE XV.
All animofities for paft grievances fhall henceforth ceafe, and the contrafting par-
ties will carry the foregoing treaty into full execution with all good faith and fin*
cerity.
APPENDIX.
ARTICLE XVL
This treaty fliall take effeQ and be obligatory on the cofitrafting partes, as foon as
the fame fhall have been ratified by the prefident of the United States, with the ad-
vice and confcntof the fenate of the United States.
In witneL of all and every thing herein determined between the United States of
America and the whole Cherokee nation, the parties have hereunto fct their hands
and feals,. at the treaty ground on the bank of the Holfton, near the mouth of the
French Broad, within the United States, this fecond day of July-, in the year of our
Lord one thoufand fevcn hundred and ninety-one.
WILLIAM BLOUNT, (L. S.)
Governor in and over the territory of the United States of America fouth of the
driver Ohio, and fuperintendent of Indian affairs for the fouthern diftrihh
CHULEOAH, or the Boots.
X
Z. X)
SQUOLLECUTTAH, or Hanging Maw,
X
Z. X)
OCUNNA, or the Badger.
X
Z. X)
ENQLEH, or Black Fox.
X
Z. X)
NONTUAKA, or the Northward,
X
Z.X)
TEKAKISKA.
X
Z. X)
CHUTLOH, or King Fifher.
X
Z.X)
TUEKASEH, or Tarrapm.
X
Z.X)
KATEH.
X
Z. X)
KUNNOCHATUTLOH, or the Crane.
X
Z.X)
CAUQUILLEKANAH, or the Thigh.
X
Z. X)
CHESQUOTTELONEH, or Yellow Bird.
X
Z.X)
CHIC KASAWTEHE, or Chickafaw Killer.
X
Z.X)
TUSKEGATEHE, Tulkega Killer.
X
Z. X)
KUTSATEHE.
X
Z.X)
TINSTSHALENE.
X
Z.X)
SAWUTTEH, or Slave Catcher,
X
Z.X)
AUKUALL
X
X.X)
OOSENALEH.
X
Z.X)
KENOTETAFI, or Riling Fawn.
X
Z.X)
KANETETOKA, or Standing Turkey,
X
Z.X)
YONEWATLEH, or Bear at Home.
X
Z.X)
LONG WILL.
X
Z.X)
JttJNOSXESKIE, or John Watts.
X
Z.X)
NENETOOYAH, or Bloody Fellow.
X
Z.X)
CHUQUILATAGUE, or Double Head.
X
Z.X)
KOOLAQUAH, or Big Acorn.
X
Z.X)
TOOWAYELLOH, or Bold Hunter.
X
Z.X)
SAHLE-OONOYEHLA, or Middle Striken .
X
Z. X)
KINNESAH, or Cabin.
X
Z.X)
TULLOTEHE, or Two Killer.
X
Z. X)
KOOLOUSKE, or Stop Still.
X
Z.X)
KULSATEHE.
X
Z.X)
AUQUOTAGUE, the Little Turkey's Son.
X
Z.X)
APPENDIX.
TALOIITESK.E, or Upfetter. X (A. S.)
CHEAKONESKE, or Otter Lifter. X (A. 5.)
KESHEKAUNE, or She Reigns. X (X. S.)
TOONAUNAILOH. X (A. S.)
TESTEHE, or Common Difturber. X (X. S.)
ROBIN M'CLEMORE. X (L-
SKYUKA. X (A. S.)
JOHN THOMPSON, Interpreter. X (A. S.)
JAMES CARY, Interpreter. X (A. A)
Done in prefence of Daniel Smith, fecretary of the territory of the United States
fouth of the river Ohio; Thomas Kennady, of Kentucky; James Robertfon, of
Mero diftria; Clairborne Watkins, of Virginia; John M. Whitney, of Georgia;
Fauche, of Georgia; Titus Ogden, of North-Carolina; John Chifolm, of Wafh*
ington diftriQ; Robert King, Thomas Gegg.
TREATY AT PHILADELPHIA,
WITH THE CHEROKEE INDIANS, IN 1794.
Articles of a treaty concluded between the United States of America and the Chero.
kee Indians,
WHEREAS the treaty made and concluded on Holfton River, on the
fecond day of July, one thoufand feven hundred and ninety-one, between
the United States of America, and the Cherokee nation of Indians, has not been
fully carried into execution by reafon of fome mifunderftandings which have arifem
I. And whereas the underfigned Henry Knox, fecretary for the department of
war, being authorized thereto by the prefident of the United States in behalf of the
faid United States, and the underfigned chiefs and warriors, in their own names and in
behalf of the whole Cherokee nation, are dqiirous of re-eftablifhing peace and friend-
fhip between the faid parties in .a permanent manner, do hereby declare, that the faid
treaty at Holfton is to all intents and purpofes in full force and binding upon the
faid parties, as well in refpeft to the boundaries therein mentioned, as in all other
refpe&s whateyer.
II. It is hereby flipulated that the boundaries mentioned in the fourth article of
the faid treaty fhall be actually afcertained and matked in the manner prefcribed by
the faid article* whenever the Cherokee nation fhall have ninety days1 notice of the
time and place at which the commiffioners of the United States intend to commence
their operation.
APPENDIX.
III. The United States, to evince their juftice by amply compenfating the faid
Cherokee nation of Indians, for all relinquifhments of land made either by thetrea-
ty of Hopewell, upon the Keowee River, concluded on the twenty-eighth of Novem-
ber, one thoufand feven hundred and eighty-five, or the aforefaid treaty made upon
Holfton River on the fecond of July, one thoufand feven hundred and ninety-one,
do.hereby ftipulate in lieu of all former fums to be paid annually, to furnifh the Chero-
kee Indians with goods fuitable for their ufe to the amount of five thoufand dollars
yearly.
IV. And the faid Cherokee nation, in order to evince thefincerity of their inten-
lions in future to prevent the practice of ftealing horfes, attended with the moft per-
nicious confequences to the lives and peace of both parties, do hereby agree, that for
every horfe which fhall be ftolen from the white inhabitants by any Cherokee Indians
and not returned within three months, that the fum of fifty dollars fhall be deducted
from the faid annuity of thk five thoufand dollars.
V. The articles now ftipulated will be confidered as permanent additions to the
treaty of Holfton as foon as they fhall have been ratified by the prefidentof the Uni-
ted States and the fenate of the United States.
In *witnefs of all and every thing herein determined, between the United States of
America and the whole Cherokee nation, the parties have hereunto fet their hands
and feals, in the city of Philadelphia within the United States, this twenty-fixth day
of June, in the year of our Lord one thoufand feven hundred and ninety-four*
H. KNOX, Secretary at War.
TETAKISSK.EE, or taken out of the Water. X (X. 5.)
NONTUAKA, or the Northward. • X (1. S.)
CINASAW, or the Cabin. L (L. S.)
SK^UKA. X (X. S.)
CHUQUILATAGUE, D. H. or Double Head. X (I. S.)
JOHN M'CLEMORE. X (X. S.)
WALALUE, or Humming Bird. X (L. S.)
CHULEOWEE. D (X. 5.)
USTANAQUA. X (X. S.)
KULLSATHEE. X (X. S.)
SITEAHA. X (X. S.)
KEENAFUNA, or the Lying Fawn. X (IX S.)
CHATOKAELESA, or the Fowl Carrier. C (X. S.)
Done in the prefence of John Thompfon, Arthur Coody', interpreters, Cantwel
Jones, of Delaware, William WafFord, of theftateof Georgia, W, McCaleb, of
South-Carolina, Samuel Lewis, of Philadelphia.
APPENDIX.
TREATY AT COLE RAIN,
WITH THE CREEK INDIANS, IN 1796.
A treaty of peace and friendfhip made and concluded between the prefident of thd
United States of America on the one part and behalf of the faid flates, and the un-
derfigned kings, chiefs and warriors of the Creek nation of Indians on the part of
the faid nation.
THE parties being defirous of .eflablifhing permanent peace and friendfhip between
the United States and the faid Creek nation, and the citizens and members
thereof, and to remove the caufes of war by afcertaining their limits and making
other neceffary, juft and friendly arrangements; the prefident of the United States*
by Benjamin Hawkins, George Clymer and Andrew Pickens, commifiioners whom
be hath.conftituted with powers for thefe purpofes, by and with the, advice and con-
fent of the fenate, and the Creek nation of Indians, by the underfigned kings,
chiefs and warriors reprefenting the whole Creek nation, have agreed to the following
articles:
ARTICLE I.
The treaty entered into at New-York between the parties, on the feventh day of
Augufl, one thoufand feven hundred and ninety, is and fhall remain obligatory on
the contrafling parties, according tp the terms of % except as herein provided for,
ARTICLE II.
The boundary line from the Currahee mountain to the head or fource of the main
fouth branch of the Oconee River, called by the white people Appalatobee, and by
the Indians Tulapocka, and down the middle of the fame, fhall be clearly afcertained
and marked at fuch time and in fuch manner as. the prefident fhall direfl. And the
Indians will, on being informed of the determination of the prefident, fend as many
of their old chiefs as he may require, and fee the line afcertained and marked,
ARTICLE III.
The prefident of the United States of America fhall have full powers, whenever
he may deem it advifable, to eftablifh a trading or military pofl on the fouth fide of
the Alatamaha, on the bluff about one mile above Beard's Bluff, or any where from
thence down the faid river on the lands of the Indians, to garrifon the fame with any
jpart of the military force of the United States, to protefl the polls and to prevent the
violation of any of the provifions or regulations fubfifling between the parties; and
the Indians do hereby annex to the pofl aforefaid a traft of land of five miles fquare,
bordering one fide on the river, which pofl and the land annexed thereto are hereby
ceded to, and fhall be to the ufe and under the government of the United States cf
America.
As foon as the prefident of the United States has determined on the time andoan-f
ncr of running the line from the Currahee mountain to the head or fource of the main
fouth bianch of the Oconee, and notified the chiefs of the Creek land of the fnme^
APPENDIX.
633
& fuitabie number of perfons on their part fhall attend to fee the fame completed; and
if the prefident Ihouid deem it proper then to fix on any place or places adjoining the
river, and on the Indian lands, for military or trading polls, the Creeks who attend
there will concur in fixing the fame according to the wifhes of the prefident. And to
each poll the Indians fhall annex a tradi of land of five miles fquare, bordering one
fide on the river. And the faid lands fhall be to the ufe and under the government
x>f the United States of America: Provided always, That whenever any of the tra-
ding or military polls mentioned in this treaty fhall, in the opinion of the prefident
of the United States of America, be no longer neceffary for the 'purpofes intended
by this ceffion, the fame fhall revert to and become a part of the Indian lands.
; ARTICLE V.
. Whenever the prefident of the United States of America, and the king of Spain,
*nay deem it advifable to mark the boundaries which feparate their territories, the pre -
fident fhall give notice thereof to the Creek chiefs,- who will furnifh two principal
•chiefs, and twenty hunters to accompany the perlbns employed on this bufmefs, as
hunters and guides from the Chodlaw country to the head of St. Mary's. The chiefs
.fhall receive each half a dollar per day, and the hunters one quarter of a dollar each
per day, and ammunition, and a reafonable value for the meat delivered by them for
the ufe of the perfons on this fervice.
ARTICLE VI.
The treaties of Hopewell, between the United States and the ChoQaws and Chic.a-
faws, and at Holfton between the Cherokees and the United States, mark the bounda-
ries of thofe tribes of Indians. And the Creek nation do hereby relinquifh all claims
to any part of the territory inhabitant or claimed by the citizens of the United States,
fir'conformity with the faid treaties. .
ARTICLE VII.
The Creek nation fhall deliver, as foon as pradlicable, to the fupermtendent of
Indian affairs, at fuch place as he may direft, all citizens of the United States;
white inhabitants and negroes who are now prifoners in any part of the faid nation,
agreeable to the treaty of New-York, and alfo all citizens, white inhabitants, negroes
and property taken fince the figning of that treaty. And if, any fuch prifoners, ne-
groes or property fihould not be delivered, on or before the firft day of January
next, the governor of Georgia may empower three perfons to repair to the faid na
lion, in order to claim and receive fuch prifoners, negroes and property, under the
j$reQifen of the prefident of the United States.
ARTICLE VIII.
In confideration of the friendly difpofition of the Creek nation towards the gov-
eminent of the United States, evinced by the llipulations in the prefent treaty, and
particularly the leaving it in the difcretion of the prefident to eftablifh trading, or
military polls on their lands; the commiffioners of the United States, on behalf of
the faid Hates, give to the faid nation, goods to the value of fix thoufand dollars,
and flipulate to fend to the Indian nation, two blackfmiths, v7ith linkers, to be em-
ployed for the upper and lower Creeks with the neceffary tools.
appendix,
article ix.
All animofities for paft grievances {hall henceforth ceafe, and the contra&ing par-
ties will carry the foregoing treaty into full execution with all good faith and fincerity.
Provided neverthelefs, That perfons now under arreft in theftate of Georgia for a vio-
lationof the treaty at New-York, are not, to be included in this amnefty, but are to
abide the decifion of law.
article x.
This treaty {hall take effeft and be obligatory on the contra&ing parties, as foon as
the fame (hall have been ratified by theprefident of the United States, by and with the
advice and confent of the fenate.
Done at Colerain the twenty-ninth of June, one thoufand feven hundred and
ninety-fix.
benjamin hawkins.
george clymer.
andrew pickens.
' Cowetas.
chruchatineah. x
tusikia mico. x
inclenis mico. x
tuskinah. , x
oakfuskee tustuneka. x
clewalee tustuneka. x
CuJfitaS.
tusikia mico. x
cusita mico. x
tuisatehee mico. x
opoey mico, x
Broken Arrows,
tustuneka mico. x
othley opoey. x
opoey tustuneka. x
oboethly tustuneka. x
Euchees*
euchee mico. x
Usuchus.
osaw enehah. x
ephafi tustenah. x
tusikia mico. x
Chehaws* .
chehaw mico. x
TalehandS. *
othley poey mico. x
othley poey tustimiha. x
.Oakmulgees,
opoey thlocco. x
parachuckley. x
tuskenah. x
Euphales,
pahose mico. x
tustunika chopco. x
Ottajfees.
fusateheehullqomico. x
tusikia mico/ x
mico opoey. x
TalliJfetSi
tallissee mico. x
othley paey mico. x
Little Oakjoys«
meeEe matla. • x
Hickory Ground.
opoey mico. x
KuyolegeeS,
kelese hatkie. x
Weakis.
NEDHOMOTCA OPOEY.
TUSIKIA MICO.
Clewallees.
OPOEY-E-MATLA.
Coojis.
HOSONAPE HODJO.
Tukabathefees.
HOLAHTO MICO.
TUSTUNIKA THLOCCO.
Oakfujkees.
PASHPALAHA.
Abacouchees.
SPANI HODJO.
TUSTINOKA.
Upper Eupaules,
OPOEY.
Natchees,
CHINIBE.
• #
Upper Chehaws,
SPOKOI HODJO
TUSTUNIKA,
Mackafookos,
TUSKEIHENEHAW.
Oconees.
HNAPEMATHA THLOCCO.
Cufetahs.
CUSA MICO.
TUSEKIA MICO AHTEE.
HALARTEE MATLA.
TALAHOUA MICO.
NEATHLOCTO,
NUCKFAMICO.
ESTACHACO MICO.
TUSKIGU TUSKINAGU,
COCHUS MICO.
OPIO HAJO.
ONE AS TU3TENAGU,
ALAK AJO„
APPENDIX. 635
STILEPECIC CHATEE, X
X TUCHESEE MICO. X
X
Kealegees.
CHEEA HAJO. X
X
Hitchetaws,.
TALMASEE MATLA. X
X
Tuckabatchees.
TUSTINCKE HAJO. X
X OKALISSA. X
X COWETA MATLA. X
COOSA MICO. X
FUSATCHEE MICO. X
X PIO HATKU. ' X
FOOSATCHU MICO. X
NEATHLACO. X
X TUCHABATCHEE HOWLA. X
X SPOKO HAJO. X
Kioleegees.
x CHUCK CLEACK NINCHO. X
OPOYO MATLA. X
x LACHLEE MATLA, X
, Big Talliffes.
x CHOWOSTIA HAJO. X
x NEATHLOCO OPYO. X
NEATHLOCO, X
CHOWLACTILY MICO, X
x TOCQSO HAJO. X
HOOCHEE MATLA. X
HOWLACTA. X
X TUSTENICA MICO. X
Ol'OY FRAICO. X
X Big Tallefee,
X HOULACTA. X
X ELCATU HAJO. X
X CHGSOLOP HAJO. X
X COOSA HAJO. X
X
. x Tuckabatchees
X CHOHAJO. X
X
X Coofees.
X TUSHEGU TUSTINAGU. X-
X TALSAMA WATALICA, X
1
appendix.
Enphale.es.
toth£s hago. x
Otaftes.
opio tustinagee. • x
yafkee mall hajo. x
oboyethlee tustinagee. x
tustinagee hajo. - x
hillibee tustinagee ha-
jo. x
effa tuskeena.' x
emathlee loco. x
tustenagee mico. x
yaha tustinagee. x
cunctastee justinagu. x
Otajfees.
coosa tustinagee. x
neamatle matla. x
Weeokees.
tusticnika hajo. x
Tuchabatchees.
neamatoochee.
telewa othleopoya. x
talmasse matla. x
t niah weathla. x
emathlee laco. x
ottessee matla. x
muclassee matla. x
eufalle matla. x
Tuchabatchees.
cunipee howla. x
Coioetas.
liofpotak tustinagee. x
Natchees.
spoko hodgo. x
Uchees.
tustinagee chatee. x
Ufuchees.
spokoca tustinagee. r x
othleypoeytustinagee.x
tuskeeneah. x
Witnefs, James Seagrove, fuperintendent of Indian affairs, C. N. Henry Gai-
ther, lieutenant colonel commandant, Conftant Freeman, A. W. D. major artil-
lery and engineers, Samuel Tinfiey, capt. 3d fub-legion, Samuel Allifon, enfign 2d
fab-legion, John W. Thompfon, enfign id U. S. fub-legion, George Gillafpy,
furgeon, L. U. S. Timothy Barnard, D. A. and fworn interpreter, James Burgefs,
D. A. and fworn interpreter, James Jordan, Richard Thomas, Alexander Cornels,
William Eaton, captain 4th U. S. fub-legion, commandant at Colerain, and fecre-
tary to the commiffion.
And whereas, the fenate of the United States, two thirds of the fenators prefent
concurring, did by their refolutioixof the fecond day of March indant, " Confent to
and advife the prefident of the United States to ratify the treaty of peace and friend-
fhip, made and concluded at Colerain in the date of Georgia, on the 29th June,
1796, between the prefident of the United States of America, on the part and be-
half of the faid dates, and the kings, chiefs and warriors of the Creek nation of In-
dians, on the part of the faid nation : Provided and on condition, That nothing in
the third and fourth articles of the faid treaty, expreffed in the words following':"
" Article 3d. The prefident of the United States of America fhall have full pow-
ers, whenever he may deem it advifable; to eftablifh a trading or military pod on the
fouthfideof the Alatamaha, on the Bluff, about one mile above Beard's Blutf; or
any where from thence down the faid river on the lands of the Indians, to garrifon
the fame with any part of the military force of the United States, to protefl the pod,
and to prevent a violation of any of the provifions or regulations fubfiding between
the parties; And the Indians do hereby annex to the pod aforefaid, a tradt of land
APPENDIX.
of five miles fquare, bordering one fide on the river, which polls and the lands an-
nexed thereto, are hereby ceded to, and fhall be to the ufe, and under the govern-
ment of the United States of America.
" Article 4th. As foon as the prefident of the United States has determined on the
lime and manner of running the Ijne from the Currahee Mountain, to the head or
fource of the main fouth branch of the Oconee, and notified the chiefs of the Creek
land of the fame, a fuitable number of perfonson their part fhall attend,- to fee the
Tame completed. And if the prefident fhall deem it proper, then to fix on any place
.or places adjoining the river, and on the Indian lands for military or trading pofts;
the Creeks who attend there will concur in fixing the fame, according to thewifhes
of the prefident. And to each poft the Indians fhall annex a traQ: of land of five
miles fquare, bordering one fide on the river. And the faid lands fhall be to the ufe and
under the government of the United States of America. Provided always, That
(Whenever any of the trading or military pofts mentioned in this treaty, fhall in the
(Opinion ol^the prefident of the United States of America, be no longer neceffary
for the purpofes intended by this ceffion, the fame fhall avert to, and become a part of
the Indian lands," fhall beconftrued to affefl any claim of the ftate of Georgia, to
the right of pre-emption in the land therein fet apart for military or trading pofts; or
to give to the United States without the confent of the faid ftate, any right to the
Toil, or to the exclufive legifiation over the fame, or any other right than that of ef-
tablifhing, maintaining, and exclufively governing military and trading pofts within
the Indian territory mentioned in the faid articles, as long as the frontier of Georgia
may require thefe eftablifhments.
' '• Now know ye, That I having feen and confidered the faid treaty, do hereby as-
■cept ratify and confirm the fame, and every article and claufe thereof; under and
Tubjeft to the provifo and condition and contained in the aforefaid refolution of the
fenate of the United States. In teftimony whereof, I have caufed the feal of the
United States to be hereunto affixed, and figned the fame with my hand.
Given at the city of Philadelphia the eighteenth day of March in the year ©f our
Lord one thoufand feven hundred and ninety-feven, and in the twenty-firft year of
the fovereignty and independence of the United States of America.
JOHN ADAMS.
By the prefident of the United States.
TIMOTHY PICKERING, Secretary of State.
APPENDIX.
THE
Beclaration of 3ntieperit»ence,
IN CONGRESS, JURY i, 1776.
WHEN in the courfeof human events it becomes neceffary for one peopte to
diffolve the political bands which have conne&ed them with another, and to
affume among the powers of the earth the feparate and equal ftation to which the laws
"of nature and of nature's God entitle them, a decent refpeft to the opinions of man*
kind requires* that they fhould declare the caufes which impel them to the reparation.
We hold thefe truths td be felfevident—that all men are created equal; that they
are endowed by their Creator with certain unalienable rights; that among thefe are
life, liberty, and thepurfuit of happinefs; that to fecure thefe rights governments are
inftituted among men, deriving their juft powers from the confentof the governed;
that wheneyer any form of government becomes deftru&ive pf thefe ends, it is the
right of the people to aker or to aboliffi it, and tp inftitute new government, laying its
foundation on fuch principles, and organizing its powers in fuch form, as to them
fhall feem jnoft likely to effeH their fafety and happinefs. Prudence, indeed, will
di&ate, that governments long eftabjifhed fhould not be changed for light and tran.-
fient caufes; .and accordingly all experience hath fhewn that mankind are more dif-
pofed to fuffer, while evils are fufferable, than to right themfelves by abolifhing the
forms to which they are accuftomed: But when a long train of abufes and ufurpa-
tions, purfuing invariably the fame objefr, evinces a defign to reduce them under
abfolute defpotifm, it is their right—it is their duty—to throw off fuch government,
and fo provide new guards for their future fecurity. Such has been the patient fuf-
feranee of thefe colonies, and fuch is now the neceffity which conffrains them to aker
their former fyftems of government. Thehiftory of the prefent king of Great Bri-
tain is a hiftory of repeated injuries and ufurpations, all having in direft objeft the
effciblifhment of an abfolute tyranny oyer thefe ftatesf To prove this, let faffs-be
fubmitted to a candid world:
He has refufed his affent to la\ys the mpfl wholefome and neceffary for the public
good;
He has forbidden his governors to pafs laws of immediate and preffing importance,
unlefs fufpended in their operation till his affent fhould be obtained; and when Co
fufpended, he has utterly neglefledto attend to them;
He has refufed to pafs other laws for the accomodation of large diftrifls of people,
tjnlefs thofe people would relinquifh the right of reprefentation in the legislature; a
right ineflimable to them* and formidable to tyrants only :
APPENDIX,
Pie has called together legiflative bodies at places unufual, uncomfortable, and dif-
tant from the depofitory of their public records, for the folepurpofe of fatiguing them
into compliance with his meafures:
He has diffolved representative houfes repeatedly for oppofing, with manly firm-
nefs, his invafions on the rights of the people:
He hastefufed, for a long time after fuch diffolutions, to caufe others to be ele£t-
ed, whereby the legiflative powers, incapable of annihilation, have returned to the
people at large for their exercife; the ftate remaining in the mean time expofed to all
the dangers of invafion from without and convulfions within :
He has endeavored to prevent the population of thefe ftates; for thatpurpofe ob-
ftru8:ing,the laws for naturalization of foreigners; refufing to pafs others to encourage
their migration hither,' and raifing the conditions of new appropriations of lands:
He has lflftruffed the adminiftration of juftice, by refufing his affcnt to laws for
eftabliffiing judiciary powers;
He has made judges dependent on his will alone for the tenure of their offices,, and
the amount and payment of their falaries:
He has ere&ed a multitude of new offices, and fent^iither fwarms of officers to
harrafs our people and eat out their fubftance:
He has kept among us in times of peace Handing armies, without the confent of
our legiflatures:
:• He has affe&ed to render the military independent of knd fuperior to the civil power:
He has Combined with others to fubjeft us te a jurifdi&ion foreign to our conftitu-
tion and unacknowledged fey our laws; giving his affent to their afts of pretended
legiflation;
For quartering large bodies of armed troops among us*.
For prote&ing them, by a mock-trial, from punifliment for any murders which they
fhould commit on the inhabitants of thefe ftates;
For cutting^-off our trade with all parts of the world;
For impofing taxes on us without our confent:
For depriving us i-n many cafes of the benefits of trial by jury :
. For tranfporting us beyond the feas to be tried for pretended offences:
For abol'ifbirtg the free fyftem of Englifh laws in a neighboring province, eftahlifh-
ing therein an arbitrary government, and enlarging its boundaries fo as to render it at
once an example and fit inflrument for introducing the fame abfolute rule into thefe
colonies;
For taking away our charters, abolifhing our mofl valuable laws, and altering fun-
damentally the forms of our governments;
APPENDIX.
For fufpendmg our own legiflatures, and declaring themfelves iuvefled with pow-
cr to legiflate for us in all cafes whatfoevcr.
He has abdicated government here, by declaring us out of his prote&ion and wa-
ging war againfl us;
lie has plundered our feas, ravaged our coafls, burnt our towns, and deftroyed
the lives of our people:
He is at this time tranfporting large armies of foreign mercenaries to complete the
works of death, defolation and tyranny, already begun with circumflances of cm-
elty and perfidy fcarcely paralleled in the moil barbarous ages, and totally unworthy
the head of a civ ilized nation:
He hasconflrained our fellow-citizens taken captive on the high feas to bear arms
againfl their country, to become the executioners of their friends and brethren, or to
fall themfelves by their hands:
He has excited domeflic infurre&ions amongfl us, and has endeavored to bring on
the inhabitants of our frontiers the mercilefs Indian favages, whofe known rule of
warfare is an undiflinguifhed deflruflion of all ages, fexes and conditions.
In every flage of thefe oppreflions we have petitioned for redrefs in the mofl hum-
ble terms: Our repeated petitions have been anfwered only by repeated injury, A
prince whofe character is thus marked by every aft which may define a tyrant, is unfit
to be the ruler of a free people.
Nor have we been wanting attentions to our Britifh brethren. We have warned
them from time to time of attempts made by their legifiature to extend an unwar-
santable jurifdiflion over us. We have reminded them of the circumflances of our
emigration and fettlcment here. We have appealed to their native juflice and magna-
nimity; and we have conjured them by the ties of our common kindred to difavow
thefe ufurpatiuns, which would inevitably interrupt our connexions and correfpon-
dence. They -too have been deaf to the voice of juflice and of confanguinity. We
inufl, therefore, acquiefce in theneceffity which denounces our fcparatiorj, and hold
them as we hold the refl of mankind—enemies in war, in peace, friends.
WE, therefore, the reprefentatives of the United States of America in general
congrefs alfembled, appealing to the Supreme Judge of the world for the leftitude
of our intentions, do, in the name and by authority of the good people of thefe co-
lonies,* folemnly publifh and declare: That thefe United Colonies are, and of right
ought to be, Free and Independent States; they have full power to levy war,
conclude peace,, contrail alliances, eflablifh commerce, and to do all other a8s and
things which independent dates may of right do. And for the fupport of this decla-
ration, with a firm reliance on the protefclion of Divine Providence, we mutually
pledge to each other our lives, our fortunes and our facred honor.
JOHN HANCOCU.
fJOSIAII BARTLET.
NEW-HAMPSHIRE. 4 WILLIAM WHIPPLE.
tMATTHEW THORNTON
APPENDIX.
MASSACHUSETTS-BAY.
RHODE-ISLAND, &c.
CONNECTICUT.
NEW-YORK.
JOHN ADAMS.
ROBERT TREAT PAINE.
ELBRIDGE GERRY.
/STEPHEN HOPKINS.
\ WILLIAM ELLERY.
rROGER SHERMAN.
SAMUEL HUNTINGTON.
WILLIAM, V/ILLIAMS.
OLIVER WOLCOTT.
f WILLIAM FLOYD.
J PHILIP LIVINGSTON.
I FRANCIS LEWIS.
[LEWIS MORRIS.
fRICHARD STOCKTON.
| JOHN WITHERSPOON.
HEW-JERSEY. ■< FRANCIS HOPKINSON.
JOHN HART.
ABRAHAM CLARK.
rROBERT MORRIS.
BENJAMIN RUSH.
BENJAMIN FRANKLIN.
JOHN MORTON.
-< GEORGE CLYMER.
JAMES SMITH.
GEORGE TAYLOR.
JAMES WILSON.
GEORGE ROSS.
PENNSYLVANIA.
DELAWARE,
f C.ESAR RODNEY.
\GEORGE READ.
MARYLAND. <
r SAMUEL CHASE.
WILLIAM PACA.
THOMAS STONE.
CHARLES CARROLL, of Carrollton,
GEORGE WYTHE.
RICHARD HENRY LEE.
THOMAS JEFFERSON.
VIRGINIA. BENJAMIN HARRISON.
I THOMAS NELSON, Jun.
| FRANCIS LIGHTFOOT LEE,
(CARTER BRAXTON,
4 M
APPENDIX*
f WILLI AM HOOPER.
NORTH-CAROLINA. -{ JOSEPH HEWES.
(JOHN PENN.
SOUTH-CAROLINA.
GEORGIA.
'EDWARD RUTLEDGE;
THOMAS HEYWARD, Jun.
THOMAS LYNCH, Jun.
ARTHUR MIDDLETON.
f BUTTON GWINNETT.
J LYMAN HALL.
(GEORGE WALTON.
Articles of confederation and perpetual union, between the ftates of New-Hampfhire,
Maffachufetts-Bay, Rhode-Ifland and Providence Plantations, Connecticut, New-
York, New-Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Caroli-
na, South-Carolina and Georgia.
ARTICLE I.
E ft.yle of this confederacy fhall be " The United States of America."
ARTICLE II.
Each ftate retains its fovereignty, freedom and independence, every power, jurif-
diftion and right which is not by this confederation expreftly delegated to the United
States in congrefs affembled.
ARTICLE III.
The faid ftates hereby feverally enter into a firm league of friendfhip with each oth-
er, for their common defence, thefecurity of their liberties, and their mutual and gene-
ral welfare, binding themfelves to affift each other, againft all force offered to, or at-
tacks made upon them, or any of them, on account of religion, fovereignty, trade,
or any other pretence whatever.
ARTICLE IV.
The better to fecure and perpetuate mutual friendfhip and intercourfe among the
people of the different ftates in this Union, the free inhabitants of each of thefe ftates,
paupers, vagabonds, and fugitives from jultice excepted, fhall be entitled to all privileges
and immunities of free citizens in the feveral ftates ; and the people of each ftate fhall
have free ingrefs and regrefs, to and from any other ftate, and fhall enjoy therein all the
privileges of trade and commerce, fubjeCi to the fame duties, impofitions and reftriCtions
as the inhabitants thereof refpeClively., Provided, That fuch reftriUions fhall not extend
fofar as to prevent the removal of property imported into any ftate, to any other ftate of
which the owner is an inhabitant. Provided alfo, That no impofitions, ffuties or re-
ftriCtions fhall be laid by any ftate, on the property of the United States, or either of
them. If any perfon guilty of, or charged with treafon, felony, or other high mifde-
meanor in any ftate, fhall flee from juftice, and be found in any of the United States,
appendix:.
he fhall upon demand of the governor, or executive power of the (late from which he
fled, be delivered up and removed to the ftate having jurifdi&ion of his offence.
Full faith and credit fliall be given in each of thefe ftates to the records, a&s and
judicial proceedings of the courts and magiftrates of every other ftate.
ARTICLE V.
For the more convenient management of the general interefts of the United States,
delegates (hall be annually appointed in fuch manner as the legiflature of each ftate
{hall direft, to meet in congrefs on the firft Monday in November, in every year, with
a power referved to each ftate, to recall its delegates, or any of them, at any time with-
in the year, and to fend others in their ftead for the remainder of the year.
No ftate (hall be reprefented in congrefs by lefs than two nor more than feven
members, and no perfon fhall be capable of being a delegate for more than three
years, in any term of fix years, nor (hall any perfon being a delegate, be capable
of holding any office under the United States, for which he or any other for his
benefit, receives any falary, fees or emoluments of any kind,
Each ftate fhall maintain its own delegates in a meeting of the ftates, and while
they a£l as members of the committee of the ftates.
In determining queftions in the United States in congrefs affembled, each ftate
{hall have one vote.
Freedom of fpeech and debate in congrefs fhall not be impeached or queftioned in
any court or place out of congrefs; and the members of congrefs fhall be protelded
in their perfons from arrefts and imprifonments during the time of their going to
and from and attendance on congrefs, except for treafon, felony, or breach of the
peace.
ARTICLE VI.
No ftate, without the confent of the United States in congrefs affembled, fhall fend
any embaffy to or receive any embaffy from, or enter into any conference, agree-
ment, alliance or treaty with any king, prince or ftate; nor fhall any perfon holding
any office of profit or truft under the United States, or any of them, accept of any
prefent, emolument, office or title of any kind whatever, from any king, prince or
foreign ftate; nor fhall the United States in congrefs affembled, or any of them,
grant any title of nobility.
No two or more ftates fhall enter into any treaty, confederation or alliance what-
ever between them, without the confent of the United States in congrefs affembled,
fpecifying accurately the purpofes for which the fame is to be entered into, and how
long it fhall continue.
No ftate fhall lay any impofts or duties which may interfere with any ftipulations in
treaties entered into by the United States in congrefs affembled with any king, prince
or ftate, in purfuance of any treaties already propoied by congrefs to the courts of
France and Spain.
No veffels of war fhall b$ kept up in time of peace by any ftate, except fuch
number only as fhall be deemed neceffary by the United States iti congrefs affembledj
APPENDIX.
for the defence of fuch ftate, or its trade; nor (hall any body of forces be kept up
by any ftate in time of peace, except fuch number only as in the judgment of the Uni-
ted States in congrefs affembled, fhall be deemed requifite to garrifon the forts necef-
fary for the defence of fuch ftate; but every ftate fhall always keep up a well regula-
ted and difciplined militia, fufficiently armed and accoutred, and fhall provide and
conftantly have ready for ufe in public ftores a due number of field pieces and tents,
and a proper quantity of arms, ammunition and camp equipage.
No ftate fhall engage in any war without the confent of the United States in con-
grefs affembled, unlefs fuch ftate be aftualiy invaded by enemies, or fhall have receiv-
vd certain advice of a refolution being formed by fome nation of Indians to invade
fuch ftate, and the danger is fo imminent as not to admit of a delay till the United
States in congrefs affembled can be confulted, nor fhall any ftate grant commiftions
to any fhips or veffels of war, nor letters of marque, or reprifal, except it be after
a declaration of war by the United States in congrefs affembled, and then wi\y againft
the kingdom or ftate, and the fubje&s thereof, againft which war has been fo declared,
and under fuch regulations as fhall be eftabliffied by the United States in congrefs af-
fembled, unlefs fuch ftate be infefted by pirates, in which cafe veffels of war may be
fitted out for that occafion, and kept fo long as the danger fhall continue, or until the
United States in congrefs affembled fhall determine other wife.
ARTICLE VIL
When land forces are raifed by any ftate for the common defence, all officers of
or under the rank of colonel, fhall be appointed by the legiflature of each ftate ref-
pedively by whom fuch forces fhall be raifed, or in fuch manner as fuch ftate fhall
dired; and all vacancies fhall be filled up by the ftate which firft made the appoint-
ment.
ARTICLE VIII.
All charges of war, and all other expences that fhall be incurred for the common
defence or general welfare, and allowed by the United States in congrefs affembled,
fhall be defrayed out of a common treafury, which fhall be fupplied by the feveral
ftates in proportion to the value of all land within each ftate, granted to or furveyed
for any perfon, as fuch land and the buildings and improvements thereon fhall be ef-
timated, according to fuch mode as the United States in congrefs affembled, ffiali
from time totimedired and appoint. The taxes for paying that proportion ffiali be
laid and levied by the authority and diredion of the legislature of the feveral ftates
within the time agreed upon by the United States in congrefs affembled.
ARTICLE IX.
The United States in congrefs affembled, (hall have the fole and exclufive right and
power of determining on peace and war, except in the cafes mentioned in the fixth ar-
tide; of fending and receiving ambalfadors; entering into treaties and alliances,
Provided, That no treaty of commerce fhall be made, whereby the legiflative power of
the refpedive ftates ffiali be reftrained from impofing fuch impofts and duties on for-
eigners, as their own people are fubjeded to, or from prohibiting the exportation or
importation of any fpecies of goods or commodities whatfoever; of eftabliffiing rules
for deciding in all cafes, what captures on land or water fhall be legal, and in what
manner prizes taken by land or naval forces in the fervice of the United States fhall be
APPENDIX.
divided or appropriated ; of granting letters of marque and reprifal in times of peace;
appointing courts for the trial of piracies and felonies committed on the high leas, and
eftablifhing courts for receiving and determining finally appeals in all cales of cap-
tures, Provided, That no member ofcongrefs llia.ll be appointed a judge of any of
the faid courts.
• The United States in congrefs affcmbled fhali alio be the lad refort on appeal
in all difputes and differences now fubfiding, or that hereafter may arife between
£wo or more dates concerning boundary jurifdiflion, or any other caufe whate-
yer; which authority fhall always be exercifed in the manner following: Whenever
the executive authority or lawful agent of any date in controverfy with another, (hall
prefent a petition to congrefs, dating the matter in quedion and praying for a hear-
ing, notice thereof fhall be given by order of congrefs to the legiflative or executive
authority of the other date in controverfy, and a day affigned for the appearance of
the parties by their lawful agents, who fhall then be directed to appoint, by joint
confent, commidioners or judges to conditute a court for hearing and determining
the matter in quedion; but if they cannot agree, congrefs fliall name three perfons
out of each of the United States, and from the lid of fuch perfons each party diall
alternately drike out one, the petitioners beginning, until the number diall be reduced
to,thirteen; and from that number not lefs than feven nor more than nine names, as
congrefs diall direfl, fhall in the prefence of congrefs be drawn ©ut by lot; and the
perfons whofe names fhall be fo drawn, or any five of them, fliall be commidioners
' or judges to hear and finally determine the controverfy, fo always as a major part
of the judges who diall hear'the caufe fhall agree in the determination; and if either
party fhali negle&to attend at the day appointed, without fhewing reafons which con-
grefs fhall judge fufficient, or being prefent diall refufe to drike, the congrefs fhall
proceed to nominate three perfons out of each date, and the fecretary of congrefs
ihall drike in behalf of fuch party abfent or refilling, and the judgment and fentence
of the court to be appointed in the manner before prefcribed fhall be final and con-
clufive; and if any of the parties diall refufe to fubmit to the authority of fuch
court, or to appear or defend their claim or caufe, the court diall.neverthelefs proceed
to pronounce fentence or judgment, which diall in like manner be final and decifive;
the judgment or fentence and other proceedings being in either cafe tranfmitted to
•congrefsj and lodged among the afits of congrefs for the fecurity of the parties con-
cerned: Provided, That every commiffioner, befove he fits in judgment, fliall take
an oath, to be adminidered by one of the judges of the . fupreme or fuperior court
of the date where the caufe fhall be tried, " Well and truly to hear and determine the
matter in quedion, according to the bed of his judgment, without favor, affeflion
or hope of reward:" Provided alfo, That no date fhall be depfived of territory for
the benefit of the United States.
All controverfies concerning the private right of foil claimed under different grants
of two or more dates whofe jurifdiflions, as they may refpefl fuch lands, and the
dates which paffed fuch grants are adjuded, the faid grants, or either of them, being
at the fame time claimed to have originated antecedent to fuch fettlement of jurifdic-
tion, diall, on the petition of either party to the congrefs of the United States, be
finally determined, as near as may be, in the fame manner as is before prefcribed for
deciding difputes refpefling territorial jurifdiction between different dates.
APPENDIX.
The United States in congrefs aflembled fhall alfo have the fole and exdiifive right
and power of regulating the alloy and value of coin Rruck by their own authority, or
by that of the refpe&ive Rates; fixing the ftandard of weights and meafures through-
out the United States; regulating the trade and managing all affairs with the Indians,
not members of any of the Rates, provided that the legiflative right of any Rate with-,
in its own limits be not infringed or violated; effabliffiing and regulating pofl-offices
from one Rate to another throughout all the United States, and exacting fuch poRage
on the papers pafling through the fame as may be requifite to defray the expences of
the faid office ; appointing all officers of the land forces in the fervice of the United
States, excepting regimental officers; appointing all the officers of the naval force,
arid commiflioning all officers whatever in the fervice of the United States; making
rules for the government and regulation of the faid land ajid naval forces, and direct-
ing their operations.
The United States in congrefs aflembled fhall have authority to appoint a com-
mittee to fit in the recefs of congrefs, to be denominated " A Committee of the
States^" and to confiR of one delegate from each Rate; and to appoint fuch other
committees and civil officers as may be neceffary for managing the general affairs of
the United States under their dire6tion; to appoint one of their number to prefide,
provided that no perfon be allowed to ferve in the office of prefrdent more than one
year in any term of three years; to afcertain the neceffary fums of money to be raifed
for the fervice of the United States, and to appropriate and apply the fame fordefraying
the public expences; to borrow money or emit bills on the credit of the United States,
tranfmitting every half year to the refpe&ive Rates an account of the fums of mo-
ney fo borrowed or emitted; to build and equip a navy ; to agree upon the number
of land forces, and to make requifitions from each Rate for its quota, in proportion to
the number of white inhabitants in fuch Rate, which requifition fhall be binding; and
thereupon the legiflature of each Rate Ihall appoint the regimental officers, raife the men,
and clothe, arm and equip them in a foldier-like manner, at theexpence of the Uni-
ted States; and the officers and men fo clothed, armed and equipped, fhall march to
the place appointed, and within the time agreed on by the United States in congrefs
aflembled; but if the United States in congrefs aflembled ffiall, on confideration of
circumflances, judge proper that any Rate ffiould not raife men, or fliould raife a
.fmaller number than its quota, and that any other Rate fhould raife a greater nuim
ber of men than the quota thereof, fuch extra number ffiall be raifed, officered, clo-
ihed, armed and equipped in the fame manner as the quota of fuch Rate, unlefs the
legiflature of fuch Rate (hall judge that fuch extra number cannot be fafely fpared
out of the fame, in which cafe they ffiall raife, officer, clothe, arm and equip as
many of fuch extra number as they judge can be fafely fpared. And the officers
and men fo clothed, armed and equipped fhall march to the place appointed, and
within the time agreed on by the United States in congrefs aflembled.
The United States in congrefs aflembled fhall never engage in a war, nor grant
letters of marque and reprifal in time of peace, nor enter into any treaties or alii-
ances, nor coin money, nor regulate the value thereof, nor afcertain the fums and
expences neceffary for the defence and welfare of the United States or any of them,
nor emit bills, nor borrow money on the credit of the United States, nor appropri-
ate money, nor agree upon the number of vefiels of war to be built or puTchafod,
or the number of land or fea forces to be raifed, nor appoint a commander in chief
APPENDIX.
pf the anny or navy, unlefs nine ftates affent to the fame: Nor fhall a queftion
on any other point, except for adjourning from day to day, be determined, unlefs
by the votes of a majority of the United States in congrefs aflembled.
The congrefs of the United States fhall have power to adjourn to any time within
the year, and to any place within the United States, fo that no period of adjourn-
ment be for a longer duration, than the fpace of fix months, and fhall publifh the
journal of their proceedings monthly, except fuch parts thereof relating to treaties, alii-
ances or military operations, as in their judgment require fecrecy; and the yeas and nays
of the delegates of each ftate 011 any queftion fhall be entered on the journal when it is
defired by any delegate ; and the delegates of a ftate, or any of them at his or their re-
queft fhall be furniflied .with a tranfcript pf the faid journal, except fuch parts as are
above excepted, to lay before the legiftature of the feveral ftates.
ARTICLE X.
The committee of the ftates, or any nine of them, fhall be authorized to execute,
in the recefs of congrefs, fuch of the powers of congrefs as the United States in con-
grefs aflembled, by the confent of nine ftates, fhall from time to time think expedient
to veft them with. Provided, That no power be delegated to the faid committee,
for the exercife of which, by the articles of confederation, the voice of nine ftates,
in the congrefs of the United States aflembled, is requifite.
ARTICLE XL
Canada acceding to this confederation, and joining in themeafures of the United
States, fhall be admitted into, and entitled to all the advantages of this Union: But
no other colony fhall be admitted into the fame, unlefs fuch admiflion be agreed to by
nine ftates.
ARTICLE XII.
All bills of credit emitted, monies borrowed and debts contra&ed, by or under the
authority of congrefs, beforethe aflembling of the United States in purfuanceof the
prefent confederation, fhall be deemed and confidered as a charge againft the United
States, for payment and fatisfaftion whereof, the faid United States and the public
faith are hereby folemnly pledged.
ARTICLE XIII.
Every ftate fhall abide by the determination of the United States in congrefs af-
fembled, on all queftions which by this confederation are fubmitted to them. And
the articles of this confederation fhall be inviolably obferved by every ftate, and the
ifiaion fhall be perpetual; nor fhall any alteration at any time hereafter be made in
•any of them; unlefs fuch alteration be agreed to in a congrefs of the United States,
and be afterwards confirmed by the legiflatures of every ftate.
And whereas it hathpleafed the great Governor of the world to incline the hearts of
the legiflatures we respectively rep relent in congrefs, -to approve of and to authorize
us to ratify the faid articles of confederation and perpetual union. Know ye, That
we the underfigned delegates, by virtue of the power and authority to us given for that
purpofe do, by thefe prefents, m the name and behalf of our refpeftive conftituents,
fully and entirely ratify and confirm each and every of the faid articles of confedera-
lion and perpetual union; and all and lingular the matters and things therein contain-
ed. And we do further folemnly plight and enigagethe faith ofour refpeftive conftituents.
APPENDIX.
that they {hall ttbicte by the determinations of the United States in congrefs aflemblcdf
on all queftions which by the faid confederation are fubmitted to them, and that the
articles thereof fhall be inviolably obferved by the ftates we refpe&ively reprefent;
and that the union fhall be perpetuah In witnefs whereof WE have hereunto fet our
hands in congrefs.
Done at Philadelphia, in the ftate of Pennfylvania, the 9th day of July In the
year of our Lord 1778, and in the third year of the Independence of America.
The aforefaid articles of confederation were finally ratified on the firft day o^
March 1781; the ftate of Maryland having, by their members in congrefs? on that
day acceded thereto and completed the fame.
ne w- ha m ps hire. { j^HN WENTWO^k, Jan.
fJOHN HANCOCK.
SAMUEL ADAMS.
massachusetts-bay. j
I JAMES LOVELL.
^SAMUEL HOLTON.
f WILLIAM ELLERY.
rhode-island. «{ HENRY MERCHANT,
(JOHN COLLINS.
fROGER SHERMAN.
| SAMUEL HUNTINGTON.
connecticut. •< OLIVER WOLCOTT.
TITUS HOSMER.
ANDREW ADAMS.
new-york.
rJAMES DUANE.
FRANCIS LEWIS.
WILLIAM DUER.
GOVERNEUR MORRIS.
/john witherspoon.
new-jersey. |^athaniel scudder,
fROBERT MORRIS.
DANIEL ROBERDEAU.
Pennsylvania. < Jonathan bayard smitiI.
] WILLIAM CLINGAN.
(JOSEPH REED.
fTHOMAS M'KEAN.
Delaware. john Dickinson.
^NICHOLAS VANDYKE,
appendix.
M A RVT a vn /JOHN HANSON.
MARYLAND. |DANIEL CARROLL.
("RICHARD HENRY LEE.
JOHN BAN4STER.
VIRGINIA. -{ THOMAS ADAMS.
JOHN HERVEY.
(.FRANCIS LIGHTFOOT LEE.
fJOHN PENN.
NORTH-VAROLINA. -< CORNELIUS HARNETT.
(JOHN WILLIAMS.
fHENRY LAURENS,
j WILLIAM HENRY DRAYTON.
SOUTH-CAROLINA. -( JOHN MATTHEWS.
) RICHARD HUTSON.
(.THOMAS HEYWARD, jun,
f JOHN WALTON.
GEORGIA. -J EDWARD TELFAIR.
(.EDWARD LANGWORTHY.
APPENDIX.
THE
constitution
of the
Unite* States of America.
WE, the people of the United States, in order to form a more perfeft union,
eftablifh juftice, enfure domeftic tranquility, provide for the common de-
fence, promote the general welfare, and fecure the bleffings of liberty to ourfelves
and our pofterity, do ordain and eftablifh this conftitution for the United States of
America.
ARTICLE I,
Eegtolature.
Sect. i. All legiflative powers herein granted fhall be vefted in a congrefs of the
United States, which fhall confifl of a Senate and Houfe of Reprefentatives.
Sect. 2. The Houfe of Reprefentatives fhall be compofed of members chofen eve-
ry fecondyear by the people of the feveral ftates; and the electors in each ftate fhall
have the qualifications requifite for ele&ors of the moft numerous branch of the
ftate legiflature.
No perfon fhall be a reprefentative who fhall not have attained to the age of twen-
ty-five years, and been feven years a citizen of the United States, and who fhall not,
when ele&ed, be an inhabitant of that ftate in which he fhall be chofen.
Reprefentatives and diredt taxes fhall be apportioned among the feveral ftates which
may be included within this union according to their refpeftive numbers, which fhall
be determined by adding to the whole number of free perfons, including thofe bound
to ferve for a term of years, and excluding Indians not taxed, three fifths of all other
perfons. The a&ual enumeration fhall be made within three years after the firft meet-
ing of the congrefs of the United States, and within every fubfequent term of ten
years, in fuch manner as they fhall by law direfr. The number of reprefentatives
fhall not exceed one for every thirty thoufand, but each ftate fhall have at leaft one
reprefentative; and until fuch enumeration fhall be made, the ftate of New-Hamp-
fhire fhall be entitled to choofe three, Maftachufetts eight, Rhode-Ifland and Provi-
denee Plantations one, Connecticut five, New-York fix, New-Jerfey four, Penn-
APPENDIX.
fylvania eight, Delaware one, Maryland fix, Virginia ten, North-Carolina five,
South-Carolina, five, and Georgia three.
When vacancies happen in the reprefentation from any ftate, the executive autho-
rity thereof fhall iffue writs of ele&ion to fill fuch vacancies.
The Houfe of Reprefentatives fhall choofe their fpeaker and other officers, and
Jhall have thefole power of impeachment.
. Sect. 3. The Senate of the United States (hall be compofed of two fenatorsfrom
each ftate, chofen by the legiflature thereof, for fix years; and each fenator fhall have
one vote.
Immediately after they fhall be affembled in confequence of the firft ele&ion they
fhall be divided as equally as may be into three claffes. The feats of the fenators of
the firft clafs fhall be vacated at the expiration of the fecond year, of the fecond
clafs, at the expiration of the fourth year, and of the third clafs at the expira-
tion of the ftxth year, fo that one third may be chofen every fecond year; and if va-
cancievS happen by refignation, ©r otherwife, during the recefs of the legiflature of
any ftate, the executive thereof may make temporary appointments until the next
meeting of the legiflature, which fhall then fill fuch vacancies.
No perfon fhall be a fenator who fhall not have attained to the age of thirty years,
and been nine years a citizen of the United States, and who fhall not, when ele&ed
be an inhabitant of that ftate for which he fhall be chofen.
The vice-prefident. of the United States fhall be prefident of the Senate, but fhall
have no vote unlefs they be equally divided.
The Senate fit all choofe their other officers, and alfo a prefident pro tempore, in the
abfence of the vice-prefident, or when he fltall exercife the office of prefident of
the United States,
The Senate fhall have the fole power to try all impeachments, when fitting for that
purpofe., they fhall be on oath or affirmation. When the prefident of the United
States is tried, the chief juftice fhall prefide: And no perfon fhall be convi£ted with-
out the concurrence of two thirds of the members prefent,
Judgment in cafes of impeachment fhall not extend further than to removal from
office, and difqualification to hold and enjoy any office of honor, truft or profit un-
der the United States; but the party convi&ed fhall neverthelefs be liable and fubjeft
to endi&ment, trial, judgment and puniffiment according to law.
Sect. 4. The times, places and manner of holding ele&ions for fenators and re-
prefentatives, fhall be prefcrihed in each ftate by the legiflature thereof, but the con-
grefs may at any time by law make or alter fuch regulations, except as to the places
for choofing fenators.
The congrefs fhall affemble at leaft once in every year, and fuch meeting fhall be
oju the firft Monday in December, unlefs they fhall by law appoint a different day,.
APPENDIX,
Sect. 5. Each houfe fhall be the judge of the eleBionsreturns and qualifications^
of its own members, and a majority of each fhall conftitute a quorum to do bub-
nefs, but a fmaller number may adjourn from day today, and may be authorized
to compel the attendance of ablent members, in fuch manner, and under flich penal-
ties, as each houfe may provide.
Each houfe may determine the rules of its proceedingvS, punifh its members for
diforderly behaviour, and with the concurrence of two thirds, exp.el a member.
Each houfe fhall keep a journal of its proceedings, and from time to time pubfifh
the fame, excepting fuch parts as may in their judgment require fecrecy : And the-
yeas and nays of the members of either houfe on any queftion fhall, at the define o£
one fifth of thofe prefent, be entered on the journal.
Neither houfe during the cefiion of congrefs, fhall without the confent of theotheiy
adjourn for more than three days, nor to any other place than that in which the two*
houfes fhall be fitting. ^
Sect. 6. The fenators and reprefentatives fhall receive a compenfation for their;
fervices, to be afcertained by law, and paid out of the treafury of the United Statesv.
They fhall in all cafes, except treafon, felony, and breach of the peace, be priv-i*
ledged from arreft, during the attendance at their cefiion of their refpe£tive houfes, and
in going to and returning from the fame, and for any fpeech or debate in either -
houfe they fhall not be queftioned in any other place.
No fenatoror reprefentative fhall during the time for which he was ele&ed, be ap-
pointed to any civil office under the authority of the United States, which fhall have?
been created, or the emoluments whereof fhall have been increafed during fuch time;
and nopcrfon holding any office under the United States, fhall be a member of eith-r
er houfe, during his continuance in office.
Sect. 7. All bills for raifing revenue fhall originate in the Houfe of Reprefenta-
lives; but the Senate may propofe or concur with amendments as on other bills.
Every bill which fhall have paflhd the Houfe of Reprefentatives ancbthe Senate, fbalK
before it become a law, be prefented to the prefident of the United States ; if he ap-
prove he fhall fign it, but if not be fhall return it, with his objebfions, to that houfe
in which it fhall have originated, who fhall enter the objeUions^at large on their jour-
nal, and proceed to reconfider it. If after fuch reconfideration, two thirds of that
houfe fhall agree to pafs the bill, it fir all be fent, together with the objeftions,- to the
other houfe, by which it fhall likewife be reconfidered, and if approved by two thirds
of that houfe, it fhall become a law. But in all fuch cafes, the votes of both houfes
fhall be determined by yeas and nays, and the names of the perfons voting for and
againft the bill fhall be entered on the journal of each houfe refpe&ively. If any bill
lb all not be returned by the prefident within ten days (Sundays excepted) after it fhall;
have been prefented to him, the fame fhall be a law, in like manner as if he had fign--
ed it, unlefs the congrefs by their adjournment? prevent its return, in which cafe is
fhall. not be a .law.-
Every order, refolution or vote to which the concurrence of the Senate and Houfe
of Reprefentatives may be neceffary (except on a queftion of adjournment) fhall be
APPENDIX.
prefented to the prefident of the United States; and before the fhme fhall take effeU,
fhall be approved by him, or being difapproved by him, fhall be re-paffed by two
thirds of the Senate and Houfe of Reprefentatives, according to the rules and limi-
tations prefcribed in the cafe of a bill.
Sect. 8. The congrefs fhall have power to lay and colle£t taxes, duties, impofts
andexcifes; to pay the debts and provide for the common defence and general wei-
fare of the United States; but all duties, impofts and excifes fhall be uniform through-
out the United States: ,
To borrow money on the credit of the United States:
To regulate commerce with foreign nations, and among the feveral ftates, and with
the Indian tribes :
To eftablifh an uniform rule of naturalization, and uniform laws on the fubjeU of
bankruptcies throughout the United States:
To coin money, regulate the value thereof, and of foreign coin, and fix the
tomdard of weights and meafures :
To provide for the punifhment of counterfeiting the fecurities and current coin of
the United States:
To eftablifh poft-offices and poft-roads;
To promote the progrefs of fcience and ufeful arts, by fecuring for limited times to
the authors and inventors the exclufive right to their refpe£tive writings and difcoveries:
To conftitute tribunals inferior to the fupreme court:
To define and punilh piracies and felonies committed on the high feas, and offen-
ces againft the law of nations:
To declare war, grant letters of marque and reprifal, and make rules concerning
captures on land and water:
To raife and fupport armies; but no appropriation of money to that ufe fhall
be for a longer term than two years:
To provide and maintain a navy :
To make rules for the government and regulation of the land and naval forces: .
To provide for the calling forth militia to execute the laws of the Union, fup-
prefs infurre&ions and repel invafions:
To provide for organizing, arming and difciplining the militia, and for governing
fiich part of them as may be employed in the fervice of the United States, referving
to the ftates refpe&ively the appointment of the officers and the authority of training
the militia according to the difcipline prefcribed by congrefs:
To exercife exclufive legiflation in all cafes whatfoever overfuch diftriQ (not exceed-
ing ten miles fquare) as may by ceffion of particular ftates and the acceptance of con-
APPENDIX.
grefs become the feat of government of the United States; and to exercife like autho-
rity over all places purchafed by the confent of the legiflature of the date in which the
fame Hi all be for the erehion of forts, magazines, arfenals, dock-yards, and other
needful buildings; and,
To make all laws which fhall be neceffary and proper for carrying into execution
the foregoing powers, and all other powers vefted by this conftitution in the govern-,
ment of the United States, or in any department or officer thereof.
Sect. 9. The migration or importation of fuch perfons as any of the dates now
exifting fhall think proper to admit, (ball not be prohibited by congrefs prior to the
year 1808; but a tax or duty may be impofed on fuch importation, not exceeding
ten dollars for each perfon.
The privilege of the writ of habeas corpus fit all not be fufpended, unlefs when in
cafes of rebellion or invafion, the public fafety may require it.
No bill of attainder or ex pod fa6lo law Hi all be paffed.
No capitation or other direft tax dtall be laid, unlefs in proportion to the cenfus of
enumeration herein before dire&ed to be taken.
No tax or duty fhall be laid on articles exported from any date. No preference
(hall'be given by any regulation of commerce or revenue to the ports of one date
over thofe of another; nor fhall veffels bound to or from one date be obliged to en-
ter, clear or pay duties in another.
No monies fhall be drawn frpm the treafury but in confequence of appropriations
made by law; and a regular datement and account of the receipts and expenditures
of all public money fhall be publiffied from time to time.
No title of nobility fhall be granted by the United States; and no perfon holding
any office of profit or trud under them fhall, without the confent of congrefs, accept
of any prefent, emolument, office ortitle? of any kind whatfoever, from any king,
prince, or foreign date.
Sect. 10. No date fhall enter into any treaty, alliance or confederation, grant letters
of marque and reprifal, coin money, emit bills of credit, make any thing but gold
and diver coin a tender in payment of debts, pafs any bill of attainder, ex pod fa£lo
law, or law impairing the obligation of contra&s, or grant any title of nobility.
No date fhall, without the confent of congrefs, lay any inipod or duties on im-
ports or exports, except what may beabfolutely neceffary for executing its infpe&iorj
laws; and the net produce of all duties and impofts laid by any date on imports or
exports fhall be for the ufe of the treafury of the United States; and all fuch laws
fhall be fubje£l to the revifion and control of the congrefs.
No date fhall, without the confent of congrefs, lay any duty of tonnage, keep
troops or fhips of war in time of peace, enter into any agreement or compaft with
another date, or with a fqreign power, or engage in war, unlefs a&ually invaded, or
in fuch imminent danger as will not admit of delay.
APPENDIX,
ARTICLE II.
3Erecutit)C.
Sect. i. The executive power fhall be veiled in a prefident of the United States of
America.
He (hall hold his office during the term of four years, and, together with the vice-
prefident, chofen for the fame term, be ele&ed as follows:
Each ftate fhall appoint, in fuch manner as the legiflature thereof may direfl, a
number of electors, equal to the whole number of fenators and reprefentatives to
which the ftate may be entitled in the congrefs; but no fenator, or reprefentative, or
perfon holding any office of truft or profit under the United States fhall be appointed
an eleQor.
The ele&ors fliall meet in their refpe&ive ftates, and vote by ballot for two perfons,
of whom one at leaft fhall -not be an inhabitant of the fame ftate with themfelves.
And they fhall make a lift of all the perfons voted for, and of the number of votes
for each; which lift they fhall fign and certify, and tranfmit fealed to the feat of go-
vernment of the United States, directed to the prefident of the Senate. The prefi-
dent of the Senate fhall, in the prefence of the Senate and Houfeof Reprefentatives,
open all the certificates, and the votes fhall then be counted. The perfon having the
greateft number of votes fnall be the prefident, if fuch number be a majority of the
whole number of electors appointed; and if there be more than one who have fuch
majority and have an equal number of votes, then the houfe of reprefentatives fhall
immediately choofe by ballot one of them for prefident; and if no perfon have a ma-
jority, then from the five higheft on the lift the faid houfe (hall in like manner choofe
the prefident. But in choofing the prefident the votes fhall be taken by ftates, the
reprefentation from each ftate having one vote; a quorum for this purpofe fhall confift
of a member or members from two thirds of the ftates, and a majority of all the ftates
fhall be neceffary to a choice. In every cafe, after the choice of the prefident, the
perfon having the greateft number of votes of the electors fhall be the vice-prefident.
But if there fhould remain two or more who have equal votes, the Senate fhall choofe
from them by^ ballot the vice-prefident.
The congrefs may . determine the time of choofing the eleftors, and the day on
which they fhall give their votes; which day fnall be the fame throughout the United
States.
No.perfon except a natural born citizen, or a citizen of the United States at the
time of the adoption of this conftitution, fhall be eligible to the office of prefident;
neither fhall any perfon be eligible to that office who {hall not have attained to the age
of thirty-five years, and been fourteen years a refident within the United States.
In cafe of the removal of the prefident from office, or of his death, refignation
or inability, to difcharge the powers and duties of the faid office, the fame fhall de-
volve on the vice-prefident, and the congrefs may by law provide for the cafe of re-
moval, death, refignation or inability, both of the prefident and vice-prefident, de-
claring what officer fhall then aft as prefident, and fuch officer fhall aft accordingly,
until the difability be removed, or a prefident fha-llbe elefted.
The prefident fhall at ftated times, receive for his fervices a compenfation, which
fhall neither be increafed nor diminifhed during the period for which he fhall have been
<?56
AF:PE-N©IX.
elected, and he fliall not receive within that 'period, any other emolument From the
United States or any of them.
Before he enter,? on the execution of his office, he {hall take the following oath or
.affirmation:
441 do folemnly fwear (or affirm) that I will faithfully execute the office of prefix
dent of the United States, and will to the bed of my ability, preferve, protect and
defend the conftitution of the United States."
Sect. 2. The prefident {ball be commander in chief of the army and navy of the
United States, and of the militia of the feveral dates, when called into aftual fervice
of the United States; he may require the opinion in writing of the principal officer
in each of the executive departments, upon any fubjedl relating to the' duties of
their refpeflive officers, and he fhall have power to grant repreives and pardons for
offences againft the United States, except in cafes of impeachment.
He fhall have power, by and with the advice and confent of the Senate,to
make treaties, provided two thirds of the fenators prefent concur; and he fhall
nominate, and by and with the advice and confent of the Senate, fhall appoint
ambaffadors, other public miniders and confuls, judges of the fupreme court, and
all other officers of the United States, whofe appointments are not herein otherwifp
provided for, and which fhall be eftablifhed by law. But the congrefs may by la$"
ved the appointment of fuch inferior officers, as they think proper, in the prefjU
dent alone, irv the courts of law, or in the heads of departments.
The prefident fhall have power to fill up all vacancies that may happen during
the recefs of the Senate, by granting commiffions which fhall expire at the end of
fheif next fedion.
Sect. 3. He Hi all from time to time give to the congrefs information of the date
of the Union, and recommend to their confideration fuch meafures as he fhall judge
neceffary and expedient; he may, on extraordinary occafjons, convene both houfes,
or either of them; and in cafe of difagreement between -them with refpe61 to the time
of adjournment, he may adjourn them to fuch time as he fhall think proper; he fhall
receive ambaffadors and other public miniders; he fhall take care that the law be faith-.
£ully executed, and fhall commiflion all the officers of the United States,
Sect. 4. The prefident, vice-prefident, and all civil officers of the United States^
fhall be removed from office on impeachment for and convi&ion of treafop, bribery ?
or other high crimes and mifdemeanors.
ARTICLE III.
futiiuarg.
Sect. 1. The judicial power of the United States fhall be veded in one fupreme
court, and in fuch inferior courts as the congrefs may from time to time ordain and
edabliffi. The judges both of the fupreme and inferior courts fhall hold their offices
during good behaviour, and fhall at dated times receive for their fervices a compeq,
fation which fhall not be diminifhed during their continuance in office.
APPENDIX.
Sect. 2. The judicial power Shall extend to all cafes in law and equity arifing un-
der this conftitution, the laws of the United States, and treaties made, or which fhall
be made, under their authority; to all cafes atfeding ambaffadors, other public mi-
nifters and confuls; to all cafes of admiralty and maritime jurifdidion; to controver-
fies to which the United States fhall be a party; to controversies between two or more
ftates, between a ftate and citizens of another ftate, between citizens of different ftates,
between citizens of the fame ftate claiming lands under grants of different ftates, and
between a ftate, or the citizens thereof, and foreign ftates, citizens or fubjeds.
In all cafes affeding ambaffadors, other public minifters and confuls and thofe m
which a ftate fhall be a party, the fupreme court fhall have original jurifdidion. In aft
the other cafes before mentioned, the fupreme court fhall have appellate jurifdidion,
both as to law and fad, with fuch exceptions, and under fuch regulations as the con-
grefs fhall make.
The trial of all crimes, except in cafes of impeachment, fhall be by jury ; and
fuch trial fhall be held in the ftate where the faid crimes fhall have been committed,
but when not committed within any ftate, the trial fhall be at fuch place or places as
the congrefs may by law have direded.
Sect. 3. Treafon againft the United States fhall confift only in levying war againft
them, or in adhering to their enemies; giving them aid and comfort. No perfon
fhall be convided of treafon, unlefs on the teftimony of two witneftes to the fame
overt ad, or on confeffion in open court.
The congrefs fhall have power to declare the punifhment of treafon, but no at-
tainder of treafon fhall work corruption of blood, or forfeiture, except during the
life of the perfon attainted.
ARTICLE IV.
Sect. 1. Full faith and credit fhall be given in each ftate to the public ads, re-
cords, and judicial proceedings of every other ftate. And the congrefs may by general
laws prefcribe the manner in which fuch ads, records and proceedings fhall be prov-
ed, and the effed thereof.
Sect. 2. The citizens of each ftate fhall be entitled to all privileges and immuni-
ties of citizens in the feveral ftates.
A perfon charged in any ftate with treafon, felony or other crime, who fhall flee
from juftice, and be found in another ftate, fhall on demand of the executive au-
thority of the ftate from which he fled be delivered up, to be removed to the ftate
having jurifdidion of the crime.
No perfon held to fervice or labor in one ftate, under the laws thereof, efcaping in
to another, ftiall in confequence of any law or regulation therein, be discharged from
fuch fervice or labor, but fhall be delivered up on claim of the party to whom fuch
fervice or labor may be due,
4 O
APPENDIX.
Seot. 3. New Rates may be admitted by, the congrefs into this Union ; but no -new
Ratfj fhall be formed or erefted within the jurifdiflion of any other Rate ; nor any
Rate be formed by the jun&ion of two or more Rates or parts of Rates, without the
confent of the legiflatures of the Rates concerned, as well as of the congrefs.
The congrefs fhall have power to difpofe of and make all needful rules and regu,
lations refpe&ing the territory or other property belonging to the United States ; and
nothing in this conRitution Riall be fo conRrued as to prejudice any claims of the
United States, or of any particular Rate.
0 Sect. 4. The United States fhall guarantee to every Rate in this Union, a republican
form of government, and fhall proteQ: each of them againR invafion ; and on appli-
cation of the legiflature, or of the executive (when the legiflature cannot be conven-
ed) againR domeRic violence.
ARTICLE V.
amendments!.
The congrefs, whenever two thirds of both houfes fhall deem it neceflary, fhall
propofe amendments to this conRitution, or on the application of the legiflatures of
two thirds of the feveral Rates, fhall call a convention for propofing amendments,
which in either cafe; fhall be valid to all intents and purpofes, as part of this confli-
tution, when ratified by the legiflatures of three fourths of the feveral Rates, or by
conventions in three fourths thereof, as the one or the other mode of ratification
may be propofed by the congrefs. Provided, That no amendment which may be
made prior to the year one thoufand eight hundred and eight, fhall in any manner af-
fe£t the firR and fourth claufes in the ninth feblion, of the firR article; and that no
Rate, without its confent, fhall be deprived of its equal fuffrage in the Senate.
ARTICLE VI.
All debts contra&ed and engagements entered into before the adoption of this con-
Ritution fhall be as valid againR the United States under this conRitution as under
the confederation.
This conRitution, and the laws of the United States which fhall be made in purfu-
ance thereof, and all treaties made, or which fhall be made under the authority of the
United States, fhall be the fupreme law of the land, and the judges in every Rate fhall
be bound thereby; any thing in the conRitution or laws of any Rate to the contrary
notwithflanding.
The fenators and reprefentatives before mentioned, and the members of the feve-
ral Rate legiflatures, and all executive and judicial officers, both of the United States
and of the feveral Rates, fhall be bound by oath or affirmation, to fupport this con-
Ritution : but no religious tefi fhall ever be required as a qualification to any office
or public truR under the United States.
ARTICLE VII.
The ratification of the conventions of nine Rates fhall be fufficient for the efiablifh-
ment of this conRitution between the Rates fo ratifying* the fame,
APPENDIX.
Done in convention by the unanimous con Cent of the ftates prcfent, the 17th day
of September, in the year of our Lord 1787, and of the independence of the Uni-
ted States of America the twelfth. In witnefs whereof, WE have hereunto fubfcrib-
ed our names.
GEORGE WASHINGTON,
Prefidcnt, and Deputy from Virginia*
NEW-HAMPSHIRE / LANGDON.
imjlvv n/LiyirtniKJL, ^NICHOLAS GILMAN.
MASSACHUSETTS, j ruFUS^CING GORHAM'
rnMMvr-rrrTTT /WILLIAM SAMUEL JOHNSON.
CONNECTICUT. |ROGER SHERMAN. J
NEW-YORK. ALEXANDER HAMILTON.
NEW-JERSEY,
WILLIAM LIVINGSTON.
DAVID BREARLEY.
WILLIAM PATTERSON.
JONATHAN DAYTQN.
PENNSYLVANIA.
BENJAMIN FRANKLIN,
THOMAS MIFFLIN.
ROBERT MORRIS.
GEORGE CLYMER.
THOMAS FITZSIMMONS.
JARED INGERSOLL.
JAMES WILSON.
GOUVERNEUR MORRIS.
f GEORGE READ.
GUNNING BEDFORD, jun,
DELAWARE. -A JOHN DICKINSON.
I RICHARD BASSETT.
yACOB BROOM.
f JAMES M'HENRY.
MARYLAND, < DANI.EL OF St. THOMAS JENISER.
1 DANIEL CARROLL.
VIRGINIA.
f JOHN BLAIR.
X JAMES MADISON, Jun.
("WILLIAM BLOUNT.
NORTH-CAROLINA. ■< RICHARD DOBBS SPAIGHT.
1 HUGH WILLIAMSON.
2
66'o
appendix.
SOUTH-CAROLINA.
'j. rutledge.
charles c. pinckney,
charles pinckney.
pierce butler.
f william few.
GEORGIA. ^ abraham baldwin.
Attejl. william jacksonj Secretary.
THE convention of a number of ftates having, at the time of their adopting the
conftitution, expreffed a defire, in order to prevent mifconftru&ion or abufe
of its powers, that further declaratory and reftri&ive claufes fhould be added: And
as extending the ground of public confidence in the government will belt enfure the
beneficent ends of its inftitution:
Refolved, by the Senate and Houfe of Reprefentatives of the United States of Ame-
rica in congrefs ajfembled, two thirds of both Houfes concurring, That the following
articles be propofed to the legiflatures of the feveral ftates, as amendments to the con-
ftitution of the United States, all or any of which articles, when ratified by three
fourths of the faid legiflatures, to be valid to all intents and purpofes, as part of the
faid conftitution, viz.
Articles in addition to and amendment of the conftitution of -the United States of
America, propofed by congrefs, and ratified by the legiflatures of the feferal ftates,
purfuant to the fifth article of the original conftitution.
article i.
After the firft enumeration required by the firft article of the conftitution, there
Ihall be one reprefentative for every thirty thoufand until the number fhall amount to
one hundred; after which the proportion fhall be fo regulated by congrefs, that there
fhall be not lefs than one hundred reprefentatives nor lefs than one reprefentative
for every forty thoufand perfons, urtfil the number of reprefentatives fhall amount to
two hundred; after which the proportion fhall be fo regulated by congrefs, that.there
fhall be not lefs than two hundred reprefentatives, nor more than one reprefentetive
for every fifty thoufand perfons.
ARTICLE II.
No law varying the compenfation for the fervices of the fenators and reprefenta-
lives fhall take effeft, until an ele&ion of reprefentatives fhall have intervened.
APPENDIX,
ARTICLE III.
Con grefs (hall make no law refpefting an eftablifhment of religion, or prohibiting
the free exercife thereof; or abridging the freedom of fpeech or of the prefs; of the
right of the people peaceably to affemble, and to petition the government for a redrefs
for grievances.
ARTICLE IV.
A well regulated militia being neceffary to the fecurity of a free ftate, the right of
the people to keep and bear arms fhall not be infringed.
ARTICLE V.
No foldier fhall in time of peace be quartered in any houfe without the confent of
the owner; nor in time of war but in a manner to be prefcribed by law.
ARTICLE VI.
The right of the people to be fecure in their perfons, houfes, papers and effe&s,
againft unreafonable fearches and feizures, fhall not be violated, and no warrants fhall
iffue, but upon probable caufe, fupported by oath or affirmation, and particularly
defcribing the place to be fearched, and the perfons or things to be feized.
ARTICLE VII.
.No perfon fhall be held to anfwer for a capital crime, or otherwife infamous crime;
unlefs on a prefentment or endiftment of a grand jury, except in cafes arifing in the
land or naval forces, or in the militia when in afitual fervice in time of war or public
danger; nor fhall any perfon be fubjeft: for the fame offence to be twice put in jeo-
pardy of life or limb; nor fhall be compelled in any criminal cafe, to be witnefs againft
himfelf, nor be deprived of life liberty or property, without due procefs of law ; nor
fhall private property be taken for public ufe without juft compenfation.
ARTICLE VIII.
In all criminal profecutions the accufed fhall enjoy the right to a fpeedy and pub-
lie trial, by an impartial jury of the ftate and diftrift wherein the crime fhall have
been committed, which diftrift: fhall have been previoufly afcertained by law, and to
be informed of the nature and caufe of the accufation ; to be confronted with the witnef-
fes againft him ; to have compulfory procefs for obtaining witneffes in his favor, and
to have the affiftance of counfel for his defence.
ARTICLE IX.
In fuits at common law, where the value in controverfy fhall exceed twenty dol-
lars, the right of trial by jury fhall be preferved, and no faff, tried by a jury, fhall
be otherwife re-examined in any court of the United States, than according to the
rules of the common law.
ARTICLE X.
Exceffive bail fhall not be required, nor exceffive fines impofed, nor cruel and unu-
fual puniffiments inflicted.
ARTICLE XI.
The enumeration in the conftitution of certain rights, fhall not be conftrued to dc-
ny or difparage others retained by the people.
APPENDIX.
ARTICLE XII.
The powers not delegated to the United States by the confiitution, nor prohibited
by it to the Hates, are referved to the Hates refpeftively, or to the people.
ADDITIONAL ARTICLE.
The judicial power of the United States fhall not be confirued to extend to any
fuit in law or equity, commenced or profecuted againft one of the United States by
citizens of another (late, or by citizens or fubje&s of any foreign {late.
CONVENTION
BETWEEN
SOUTH-CAROLINA AND GEORGIA,
CONCLUDED AT BEAUFORT IN 1787.
Co all to toljom tljese presents Sfiall come, The underwritten Charles Cotef,
worth Pinckney, Andrew Pickens and Pierce Butler, efqrs. commiffioners ap^
pointed by the Hate of South-Carolina, of the one part, and the- underwritten
John Haberfham and Lachlan MUntofh, efqrs. a majority of the commiffioners
appointed by the Bate of Georgia, of the other part—-fend greeting;
WHEREAS the {late of South-Carolina did heretofore prefent a petition to the
United States in congrefs affiembled, and did therein let forth, that adifpute
and difference had arifen and fubfifted between the Hates of South-Carolina and
Georgia concerning boundaries; and the Hates claiming refpeflively the fame territor
ries, and that the cafe and claim of the Hate of South-Carolina was as follows, that
is to fay: *4 Charles the Second, king of Great-Britain, by charter dated the twenty^
fourth day of March, in the fifteenth year of his reign, granted to eight perfons as
therein named, as lords proprietors thereof, all the lands lying and being within his
t dominions of America between thirty-one and thirty-fix degrees of fouth latitude, in
a direfl weft line to the South Seas, Hyling the lands fo defcribed 44 The Province of
Carolina:/' That on thethirtieth day of June, in the feventeenth year of his reign,
the faid king granted to the faid lords proprietors a fecond charter, enlarging the
bounds of Carolina, viz, from twenty-nine degrees of north latitude to thirty-fix
degrees thirty minutes, and from thoff points on the fea-coafi weff in a direbl line to
the South Seas: That feven of the faici proprietors of Carolina fold and furrendered
to George the Second, late king of Great-Britain, all their title and intereff in the
faid province, and the fliare of the remaining proprietor was feparated from the
king's, and allotted to him in the north part of North-Carolina; That Carolina wa$
APPENDIX.
afterwards divided'into two provinces, called North and South Carolina: That by a
charter dated the ninth day of June, one thoufand feven hundred and thirty-two,
George the Second, king of Great-Britain, granted to certain pei forts therein named,
all. the lands lying'between the rivers Savannah and Alatamaha, and between lines to
be drawn from the heads of thofe rivers refpe&ively to the South Sea, and fly led the
faid'colony 44 Georgia:" That by the treaty of peace concluded at Paris on the tenth
day of -February, one thoufand feven hundred and fixty-three, the river Miflifippi
was declared to be the weftern boundary of the North American Colonies: That the
governor of South-Carolina, in the year one thoufand feven hundred and fixty, con-
ceiving that the lands fouthward of the Alatamaha Itill belonged to South-Carolina,
granted feveral trafts of the faid lands: That the government of Georgia complained to
the king of Great-Britain, refpefting thofe grants as being for lands within its limits, and
thereupon his majefty by proclamation dated the feventh day of October, one thou-
fand feven hundred and fixty-three, annexed to Georgia all the lands lying between
the rivers Alatamaha and St. Mary's, the validity of the grants paffed by the governor of
South-Carolina as aforefaid, remaining however acknowledged and uncontefted, and
the grantees of the faid land, or their reprefentatives fiill holding it as their legal eltate.
That South-Carolina claims the lands lying between the North-Carolina line, and the
line run due weft from the mouth of Tugalo River to the Miflifippi, becaufe as the
faid ftate contends the river Savannah lofes that name at the confluence of Tugalo
a.ndKeowee Rivers, confequently that fpot is the head of Savannah River. The ftate
of Georgia on the other hand contends that the fource of the Keowee River is to be
confidered as the head of Savannah River. That the ftate of South-Carolina aifo
claims all the lands lying between a line to be drawn from the head of the ri-
Ver St; Mary's, the head of the Alatamaha, to the Miflifippi and Florida, being as the
feid ftate contends, within the limits of its charter,, and not annexed to Georgia by
tjre faid proclamation of one thoufand feven hundred and fixty-three. The ftate of
Georgia, on the other hand contends, that the traft of country laft mentioned is a part
of that ftate." The ftate of South-Carolina did therefore by their faid petition pray
for a hearing and determination of the difference and difpute fubfifling as aforefaid,
between the faid ftate and Georgia, agreeable to the articles of confederation and per-
petual union between the United States of America. And whereas the ftate of Geor-
gia were duly notified of the faid petition, and did by their iawful agents appear in or-
der to eftablifh their right to the premifes, in manner direUed by the faid articles of
Confederation : And proceedings were thereon had in congrefs in order to the appoint-
Spent of judges to conftitute a court for hearing and determining the faid matter in
queftion : And whereas it appeared to be the fincere wifh and defire of the faid ftates
of South-Carolina and Georgia, that all and fingular the differences and claims fub-
fifting between tfie faid ftates, relative to boundary ihould.be amicably adjufted and
compromifed : And whereas the legifiature of the ftate of South-Carolina, did elebl the
above named Charles Cotefworth Pinckney, Andrew Pickens and Pierce Butler, efqrs.
commiflioners, and did inveft them, or a majority of them, with full and abfolute
power and authority in behalf of that ftate, to fettle and compromife all and fingular
the difference?, controverfies, difputes and claims which fubfift between the faid ftate,
and the ftate of Gebrgia, relative to boundary, and to eftablifh and permanently fix a
boundary between the two ftates. And the faid ftate of South-Carolina did declare,
-that it would at all times thereafter ratify and confirm all and whatfoever the faid
commiflionersj or a majority of them, fhould do in and touching the premifes, and
that the fame fhould be forever binding on the faid ftate of South Carolina. Andi
APPENDIX.
whereas the legiflature of the ftate of Georgia did appoint John Houftoun, J0'110
Haberfham and Lachlan M'lntofh, efqrs. commiffioners, and did inveft them with
full and abfolute power and authority* in behalf of that ftate, to fettle and compro-
mife all and fingular the differences, controverfles, difputes and claims which fublift
between the faid ftate and the ftate of South-Carolina relative to boundary, and to
eftablifli and permanently fix a boundary between the two ftates. And the faid
ftate of Georgia did alfo declare, That it would at all times thereafter ratify and
confirm all and whatfoever the faid laft mentioned commiffioners, or a majority of
them, fhould do in and touching the premifes, and that the fame fhould Be forever
binding on the faid ftate of Georgia. tUlQft) That the under-
written commilftoners on the part of the ftates of South-Carolina and Georgia refpeft-
ively, having by mutual con lent aflembled at the town of Beaufort, in the ftate of South-
Carolina, on the twenty-fourth day of this prefent month of April, in order to thq'
due execution of their refpe&ive trufts, and having reciprocally exchanged and con--
fidered their full powers, and declared the fame legal and forever binding on both*,
ftates, and having conferred together on the moft effe&ual means of aajufting the
differences lubfifting between the two ftates, and of eftablifhing and permanently fix-
ing a boundary between them, have agreed, and by thefe prefents for and in behalf
of their refpeflive ftates, do mutually agree to the following articles, that is to fay ;
ARTICLE THE FIRST.
The moft northern branch or ftream of the river Savannah, from the fea or mouth
of fuch ftream to the fork or confluence of the rivers now called Tugalo and Keo-
wee; and from thence.the moft northern branch or ftream of the faid river Tugaloj
till it inter fe£ts the northern boundary line of South-Carolina, if the faid branch $r
ftream of Tugalo extends lo far north, referving all the iflands in the faid rivers Sa-
vannah and Tugalo, to Georgia; but if the head fpring or fource of any branch oi"
ftream of the faid river Tugalo does not extend to the north boundary line of South-
Carolina, then a weft line to the Miflifippi, to be drawn from the head fpring of
fource of the faid branch or ftream of Tugalo River, which extends to the higheft
northern latitude, (hall forever hereafter form the feparation, limit and boundary be-
tween the ftates of South-Carolina and Georgia,
ARTICLE THE SECOND.
The navigation of the river Savannah at and from the bar and mouth, along the
northeaft fide of Cockfpur Ifland, and up the direft courfe of the main northern
channel, along the northern fide of Hutchinfon's Ifland, oppofite the town of Savan-
nah, to the upper end of the faid ifland, and from thence up the bed or principal
ftream of the faid river to the confluence of the rivers Tugalo and Keowee, and from
the confluence up the channel of the moft northern ftream of Tugalo River to its
fource, and back again by the fame channel to the Atlantic Ocean—is hereby decla-
red to be henceforth equally free to the citizens of both ftates, and exempt from all
duties, tolls, hinderance, interruption and moleftation whatfoever, attempted to be
enforced by one ftate on the citizens of another; and all the reft of the river Savan-
nah to the fouthward of the foregoing defcription, is acknowledged to" be the exclu-
five right of the ftate of Georgia,
APPENDIX.
ARTICLE THE THIRD.
The (late of South-Carolina fiiall not hereafter claim any lands to the eaftward,
fouthward, foutheaftward or weft of the boundary above eftablifhed, but hereby re-
linquifhes and cedes to the ftate of Georgia all the right, title and claim which the laid
ftate of South-Carolina hath to the government, fovereignty and jurifdiflion in and
over the fame, and alfo the right of pre-emption of the foil from the native Indians,
a^nd all otte the eftate, property and claim which the ftate of South-Carolina hath in
or to the laid land.
ARTICLE THE FOURTH.
The ftate of Georgia fhall not hereafter claim any lands to the northward or north-
eaftward of the boundary above eftablifhed, but hereby relinquifhes and cedes to the
ftate of South-Carolina all the right, title and claim which the faid ftate of Georgia
hath to the government, fovereignty and jurifdiBion in and over the fame, and alfo
the right of pre-emption of the foil from the native Indians, and all other the eftate,
property and claim which the ftate of Georgia hath in or to the faid lands.
ARTICLE THE FIFTH.
The lands heretofore granted by either of the faid ftates between the forks of Tu-
galo and Keowee fhall be the private property of the firft grantees, and their refpeB-
ive heirs and afligns; and the grantees of any of the faid lands under the ftate of
Georgia fhall, within twelve months from the date hereof, caufe fuch grants or an-
thentic copies thereof, ratified under the feal of the ftate of Georgia, to be depofited
In the office of the fecretary of the ftate of South-Carolina, to the end that the fame
may be recorded there; and after the fame fhall have been fo recorded, the grantees
|hall be entitled to receive again from the faid fecretary their refpeBive grants, or the
copies thereof, whichfoever may have been fo depofited, without any charge or fee
of office whatfoeverf and every grant which fhall not, or of which the copy certified
#s-above mentioned fhall not be fo depofited, fhall be judged void.
ARTICLE THE SIXTH.
The commiflioners on the part of the ftate of South-Carolina do not by any of
the above articles mean to cede, relinquifh or weaken the right, title and claim of any
of the individual citizens of the ftate of South-Carolina to any lands fituated in
Georgia, particularly to the lands fituated to the fouth or fouthweft of the river Ala-
tamaha, and granted during the adminiftration of governor Boone, in the year one
thoufand feven hundred and lixty-three; and they do hereby declare, that the right
and title of the faid citizens to the fame is and ought to remain as. full, ftrong and ef-
feBualas if this convention, had not been made. The commiflioners on the part of
the ftate of Georgia do decline entering into any negociation relative to the lands men-
tioned in this article^ as they conceive they are not authorized fo to do by the powers
delegated to them.
3[n t0l)£££0f, the faid Charles Coteftvorth Pinckney, Andrew Pick-
ens and Pierce Butler, for and in behalf of the ftate of South-Carolina, and the faid
John Haberfham and Lachlan MHntolh, for and in behalf of the ftate of Georgia,
have to thefe prefents and a duplicate thereof, both intended, interchangeably fet
their hands and affixed their feals.
4 P
666
appendix.
Done at Beaufort, in the ftate of South-Carolina, the twenty-eighth day of April*
in the year of our Lord one thoufand feven hundred and eighty-feven, and in the
eleventh year of the independence of the United States of America.
CHARLES COTESWORTH PINCKNEY. (L. S.)
ANDREW PICKENS. (L. Sj
PIERCE BUTLER. (L. S.)
JOHN HABERSHAM. (L. 5.)
LACHLAN M'INTOSH. (L. S.)
Beaufort, South-Carolina, 28th Aprils 1787.
I, John Houftoun, one of the commiffioners appointed by ordinance of the
General Afiembly on the part and behalf of the ftate of Georgia, for fettling difputes
refpe&ing boundary with the ftate of South-Carolina, do diflent from fo much as is
herein after mentioned or implied of the convention or agreement this day entered
into by and between the commiffioners of South-Carolina on the one part, and a
majority of the commiffioners of Georgia on the other part, and for caufes of this
my diffent do affign as follows:
lft. i conceive, from the words of the charter of Georgia, all the lands vohich lit
fouth and fouthweft of the moft northern part of the ftream of the river Savannah,
up to its head or fource; from thence within a dire£t line running due weft to the river
Miffifippi, and extending fouthwardly as far as the boundaries of Eaft and Weft Flo-
rida, are the right of Georgia. This ftream here defcribed I take to be thatd>ranch
of the river Savannah known by the name of Keowee: if fo, all the lands which lie
in the fork of the two branches of Savannah River called Tugalo and Keowee,
ought to fall into Georgia, whereas by this convention they are yielded to South-Ca*
rolina. As to the relinquiffiment on the part of South-Carolina of all her claims'in
the fouthern diftrift of Georgia, I do not conceive this by any means an equivalent;
for although the two territories in queftion may be equally fertile, or perhaps the dif-
ference in point of extent and value even in favor of the fouthern, yet I apprehend
the title of Georgia to the lands now ceded to South-Carolina was good and valid,
whereas the pretenfions of South-Carolina to the fouthern country appear to me to be
fo (lender, that the right of Georgia to thofe lands is neither ftrengthened or weakened
by the prefent convention; and therefore as, in my opinion, the nature of the claims
ought to be confidered in the negociation as well as the value and extent of the foils^
I cannot admit the exchange to be equal.
2dly, As to the free navigation of the river Savannah now given up to South-Ca-
rolina, I conceive this point is, in the firft place, not an objebt of our commiffion;
but if it was, however difpofed I might be always to wifh an indulgence to a fifter
ftate on this head (which I believe has hitherto been the cafe) yet i am not inclined
to give that indulgence the color of a right. Were we fettling commercial regulations
with South-Carolina, to permit the free navigation of the river might be juft and
proper, and the title then would depend on and be derived from fuch agreement;
but to yield this point as a claim, in the prefent inftance implies that the right has
been aborigine in South-Carolina. Such a pofition would be inconfiftent with my
idea of our boundary; for if we hold the fovereignty "from the mof northern part
of the freamf it feems to me the excluftve right of navigation follows of courfe;
APPENDIX
This is neither a forced or riew conftruQion of our charter, but has uniformly been
the opinion for a feries of years paft of raoft people in Georgia; and all the docu-
ments adduced tend only to fhew the point has been contefted but never decided on.
On the whole, although I fhould be amongft the foremoft to concede to this neigh.-
borly privilege in return for fome other perhaps lefs valuable to the citizens of South-
Carolina, yetx I {hould wifh to fee it held by them as a grants under fome reftriftions,
from Georgia, and not a right proved and eftablifhed at the prefent meeting.
JOHN HOUSTOUN.
»•«•«««
The proclamation oj 1763, eftabli/hing the governments of Eaft and W'eJl Florida, and
extending the fouthern boundary of Georgia.
BY THE KING.
A PROCLAMATION.
<£eorge r.
WHEREAS we have taken into royal confideration the extenfive and valuable
acquifitions in America, fecured to our crown by the late definitive treaty of
peace, concluded at Paris the tenth day of February laft; and being defirous that
all our loving fubjeHs, as well of our kingdoms as of our colonies in America, may
avail themfelves with all convenient fpeed,of the great benefits and advantages which muft
accrue therefrom in their commerce, manufactures and navigation; we have thought
fit, with the advice of our privy council, to ifliie this our royal proclamation, here-
by to publifti and declare to all our loving fubjeHs, that we have, with the advice
of our faid privy council, granted our letters patent under our great feal of Great-
Britain, to ereH within the countries and iflands ceded and confirmed to us by the
faid treaty, four diftinH and feparate governments, ftyled and called by the names
bf Quebec, Eaft Florida, Weft Florida and Grenada, and limited and bounded as
follows, viz.
Firft, The government of Quebec, bounded on the Labrador coaft by the river St.
John, and from thence by a line drawn from the head of that river through the lake St.
John, to the fouth end of the lake Nipiflim; from whence the faid line crofting the river
St. Lawrence and tfie lake Champlain in forty-five degrees of north latitude, paf-
fing along the high lands which divide the rivers that empty'themfelves into the faid
river St. Lawrence, from thofe which fall into the fea; and alfo along the north coaft
of the Baye des Chaleurs, and the coaft of the gulph of St. Lawrence to Cape Ro-
fteres, and from thence crofting the mouth of the river St. Lawrence by the weft
end of the ifland Anticofti, terminates at the aforefaid.river St, John,
3
APPENDIX.
Secondly, The government of Eaft Florida, bounded to the weftward by the
gulph of Mexico and the Appalachicola River; to the northward, by a line drawn
from that part of the faid river where the Catahouchee and Flint Rivers meet, to
the fource of St. Mafy's River, and by the courle of the faid river to the Atlantic
Ocean; and to the eaft and fouth by the Atlantic Ocean, and the gulph of Florida,
including all iflands within fix leagues of the fea coaft.
Thirdly, The government of Weft Florida, bounded to the fouthward by the
gulph of Mexico, including all iflands within fix leagues of the coaft from the
river Appalachicola to lake Pontchartrain; to the weftward by the faid lake, the
lake Maurepas and the river Miffifippi; to the northward by a line drawn due eaft
from that part of the river Miffifippi which lies in thirty-one degrees north latitude,
to the river Appalachicola or Catahouchee, and to the eaftward by the faid river.
Fourthly, The government of Grenada, comprehending the ifland of that name,
together with the Grenadines, and the iflands of Dominico, St. Vincent and Toba-
g°-'
And to the end that the open and free fiffiery of our fubje&s may be extended to,
and carried on upon the coaft of Labrador and the adjacent iflands, we have thought
fit, with the advice of our faid privy council, to put all that coaft from the river St.
John's to Hudfon's Straits, together with the iflands Anticofti and Madelaine, and
all other fmaller iflands lying upon the faid coaft, under the care and infpe&ion of our
governor of Newfoundland.
We have alfo,1 with the advice of our privy council, thought fit to annex the ill-
andsof St. John and Cape Breton, or I fie of Royaie, with the leffer iflands adja-
cent thereto, to our government of Nova Scotia.
We have alfo, with the advice of our privy council aforefaid, annexed to our pro-
vinceof Georgia, all the lands lying between the rivers Alatamaha and St. Mary's.
And whereas it will greatly contribute to the fpeedy fettling our faid new govern-
ments, that our loving fubjehis ihould be informed of our paternal care for the feeuri-
ty of the liberties and properties of thofe who are and fhall become inhabitants there-
of, we have thought fit to publiih and declare, by this our proclamation, that we
have, in the letters patent under our great feal of Great-Britain, by which the faid
governments are conftituted, given exprefs power to our governors of our faid co-
lonies refpe&ively, that fo foon as the Rate andcircumftances of the faid colonies will
admit thereof, they (hall, with the advice and confent of the members of our council,
fummon and call general affemblies within the faid governments refpeftively, in fuch
manner and form as is ufed and directed in thofe colonies and provinces in America,
which are under our immediate government ; and we have alfo given power to the
faid governors, with the confent of our faid councils, and the reprefentatives ofthe peo-
pie fo to be fummoned as aforefaid, to make, conftitute, and ordain laws, ftatutesand
ordinances for the public peace, welfare and good government of our faid colonies,
and ofthe people and inhabitants thereof, as near as may be, agreeable to the laws of
England, and under fuch regulations and reftriftions as ajre ufed in other "colonies;
APPENDIX.
and in the mean time, and until fuch aflemblies can be called as aforefaid, all perfons
inhabiting it, or reforting to our faid colonies, may confide in our royal prote&ion for
the enjoyment of the benefit of the laws of our realm of England; for which pur-
pofe we have given powers under our great feal, to the governors of our faid colo-
nies refpeBively, to ereft and conftitute, with the advice of our faid councils refpec-.
lively, courts of judicature and public juflice within our faid colonies, for the hear-
ing and determining all caufes, as well criminal as civil, according to law and equity,
and, as near as may be, agreeable to the laws of England, with liberty to all perfons
who may think themfelves aggrieved by the fentenceof fuch courts, in all civil cafes,
to appeal, under the ufual limitations and reftriBions, to us in our privy council.
• We have alfo thought fit, with the advice of our privy council as a fore faid, to give
unto the governors and councils of our faid three new colonics upon the continent,
full power and authority to fettle and agree with the inhabitants of our faid new colo-
n.ies, or to any other perfon who fhall refort thereto, for fuch lands, tenements and
hereditaments, as are now, or hereafter fhall be in our power to difpofe of, and then
to grant to any fuch perfon or perfons, upon fuch terms, and under fuch moderate
quit-rents, Cervices and acknowledgments, to have been appointed and fettled in
other colonies, and under fuch other conditions as fhall appear to us to be neceffary
and expedient for the advantage of the grantees, and the improvement and fettlement
of our faid colonies.
And whereas we are defirous upon all occafions to teftify our royal fenfe and appro-
bation of the conduB: and bravery of the officers and foldiers of our armies,' and to
reward the fame, we do hereby command and empower our governors of our faid
three new colonies, and other otir governors of our feveral provinces on the conti-
rient-of North-America, to grant, without fee or reward, to fuch reduced officers as
have ferved in North-America during the late war, and are aBually refiding there,
and fhall perfonally apply for the fame, the following quantities of land,* fubjeft at
theexpiration often years, to the fame quit-rents as other lands are fubjeB to in the
province in which they are granted, and alfo fubjeB to the fame conditions of culti-
vation and improvements, viz.
To every perfon having the rank of a field-officer, 5000 acres,
To every captain, 3000 acres,
To every fubaltern or ftaffi-officer, 2000 acres,
To every non-commiffioned, 200 acres,
To every private, 50.
We do likewife authorize and require the governors and commanders in chief of all
our faid colonies upon the continent of North-America, to grant the like quantities
of land, and upon the fame conditions, to fuch reduced officers of our navy of like
Tank as ferved 011 board our (hips of war in North-America, at the times of the re-
duBion of Louifburgh and Quebec, in the late war, and who fhall perfonally apply
to our refpeftive governors for fuch grants,
APPENDIX.
And whereas it is juft and reafonable, and eflential to our intefeft atid the feCUrky
of our colonies, that the feveral nations or tribes of Indians with whom we are com
nested, and who live under our prote&ion, fhould not be molefted or difturbed in the
pofteflion of fuch parts of our dominions and territories as, not having been ceded to
orpurchafed by us, arereferved to them, or any of them, as their hunting grounds; we
do, therefore, with the advice of our privy council, declare it to be our royal will and
pleafure, that no governor or commander in chief, in any of our colonies of Quebec,
or Eaft Florida, or Weft Florida, do prefume upon any pretence whatever, to grant
warrants of furvey, or pafs any patents for lands beyond the bounds of their refpec-
tive governments, as defcribed in their commiffions, as alfo that no governor or com-
mander in chief of our other colonies or plantations in America, do pnefume for the
prefent, and until our further pleafure be known, to grant warrants of furvey, or pafs
patents for any lands beyond the heads or fources of any of the rivers which fall in-
to the Atlantic Ocean, from the weft to the northweft, or upon any lands whatever
which, not having been ceded to or purchafed by us as afore faid, "are referred to the
faid Indians or any of them.
And we do further declare it to be our royal will and pleafure for the prefent as,
aforefaid, to referve under our fovereignty, proteftion and dominion for the ufe of
the laid Indians, all the land and territories not included within the limits of our faid
three new governments, or within the limits of the territory granted to the Hudfons
Bay Company; as alfo all the lands and territories lying to the weftward of the
fources of the rivers which fall into the fea, from the weft and northweft as afore-
faid; and we do hereby ftriftly forbid, on pain of our difpleafure, all our loving,
fubjedts from making any purchafes or fettlements whatever, or taking pofteflion of
any of the lands above referved, without our fpecial leave and licenfe for that pur-
pofe firft obtained.
And we do further ftridlly enjoin and require all perfans whatever, who have
either wilfully or inadvertently feated themfelves upon any lands within the countries
above defcribed, oruponjany other lands which, not having been ceded to or purcha-
fed by us, are ftill referved to the faid Indians as aforefaid, forthwith to remove
themfelves from fuch fettlements.
And whereas great frauds and abufes have been committed in the purehafing lands
of the Indians, to the great prejudice of our interefts, and to the great di Satisfaction
of the faid Indians; in order therefore, to prevent fuch irregularities for the future,
and to the end that the Indians may be convinced of our juftice and determined re*
folution to remove all reafonable caufe of difcontent, we do, with the advice of our
privy council, ftritlly enjoin and require that no private perfon do prefume to make
any purchafe from the faid Indians, of any lands referved to the faid Indians, with-
in thofe parts of our colonies where we have thought proper to allow fettlement; but
that if at any time any of the faid Indians fhould be inclined to difpofe of the faid
lands, the fame fhall be purchafed only for us, in our name,' at fome public meeting
or afiembly of the faid Indians,- to be held for that purpofe by the governor or com-
mander in chief of our colony refpedtively within which they fhall lie; and in cafe
they fhall lie within the limits of any proprietaries, conformable to fuch diredfions
and inftruclions as we or they fhall think proper to give for that purpofe; and we do,
by the advice of our privy council, declare and enjoin, that the trade with the fajd
APPENDIX.
Indians {hall he free and open to all our fubje&s whatever, provided that every
perfon who may incline to trade with the faid Indians, do take out a licenfe for carry-
ing on fuch trade, from the governor or commander in chief of any of our colo-
nies refpectively, where fuch perfon (hall refide, and alfo give fecurity to obferve
fych regulations as we {hall at any time think fit, by ourfelves or commiffaries to
be appointed for this purpofe, to direQ; and appoint for the benefit of the faid
trade: and we do hereby authorize, enjoin and require the governors and comman-
ders in .chief of all our colonies refpe&ively, as well thofe under our immediate go-
vernment as thofe under the government and direftion of proprietaries, to grant
fuch licenfes without fee or reward, taking efpecial care to infert therein a con-
dition that fuch licenfe fhall be void, and the fecurity forfeited, in cafe the perfon
to whom the fame is granted fhall refufe or negleft to obferve fuch regulations as
we fhall think proper as aforefaid.
And we do further exprefsly enjoin and require all officers whatever, as well mili-
tary as thofe employed in the management and direflion of Indian affairs within the
territories referved as aforefaid, for the ufe of the faid Indians, to feize and appre-
hend all perfons whatever, who Handing charged with treafons, mifprifions of trea-
fon, murders or other felonies or mifdemeanors, fhall fly from juftice and take re-
fuge in the faid territory, and to fend them under a proper guard to the colony
where the crime was committed, of which they fhall ftand accufed, in order to
take their trial for the fame.
Given at our court of St. James', the feventh day of O&ober, one thoufand fe-
Yen hundred and fixty-three, in the third year of our reign.
GOD SAVE THE KING,
APPENDIX*
A
COMMISSION
TO
(gotoim- fStvigijt, of Georgia,
IN JANUARY, 1764;
By which the north boundary of the Florida is declared to be the fouth boundary of
Georgia,
George the Third, by the grace of God of Great-Britain, France and Ireland king,
defender of the faith, and fo forth—to our trufty and ^ ell beloved James Wright,
efq.—Greeting:
WHEREAS we did, by our letters,patent under our great feal of Great-Bri-
tain, bearing date at Weftminfter, the fourth day of May, in the firft year
of our reign, conftitute and appoint you the faid James Wright, efq. to be our cap-
tain general and governor in chief ia and over our colony of Georgia in America,
lying from the moft northern ftream of a river there commonly called Savannah, all
along the fea coaft to the fouthward, unto the moft fouthern ftream of a certain other
great water or river called the Alatamaha, and weftward from the heads of the faid
rivers refpe&ively in direft lines to the South Seas; and of all that fjiace, circuit and
precinft of lands lying within the faid boundaries, with the iflands in the fea lying op-
polite to the eaftern coaft of the faid lands within twenty leagues of the fame, for
and during our pleafure, as by the faid recited letters patent, relation being thereunto
had, may more fully and at large appear. NOW KNOW YOU, That we have re-
voked and determined, and by thefe prefents do revoke and determine fuch part
and fo much of the faid recited letters patent, and every claufe, article and thing
therein contained, which doth any way relate to or concern the limits and bounds
of our faid province as before defcribed; And further know you9 That we, repofing
efpecial truft and confidence in the prudence, courage and loyalty of you the faid
James Wright, of our efpecial grace, certain knowledge and mere motion, have
thought fit to conftitute and appoint, and by thefe prefents do conftitute and ap-
point you the faid James Wright to be our captain general and governor in chief
in a?id over our colony of Georgia in America, bounded on the north by the moft
northern ftream of a river there commonly called Savannah as far as the head of
faid river, and from thence weftward as far as our territories extend; on the eaft
by the fea coaft from the faid river Savannah to the moft fouthern ftream of a cer-
tain other river called £t. Mary, including all iflands within twenty leagues of the
coaft lying between the faid river Savannah and St. Mary as far as the head there-
of; and from thence weftward as far as our territories extend by the north boundary
APPENDIX,
line of'our provinces of Eaft and Weft Florida. And we do hereby declare, ordain
and appoint, that you thefaid James Wright fhall and may hold, execute and enjoy
the office and place of our captain general, and governor in chief in and over the co-
lonyof Georgia, limited and bounded as above defcribed, together with all and fin-
gular the powers and authorities contained in our faid recited letters patent under our
great feal of Great-Britain, bearing date at Weftminfter, the fourth day of May, in
the firft year of our reign, except as are herein excepted, for and during our will and
pleafure. In witnefs whereof, We have caufed thefe our letters to be made patent.
Witnefs, ourfelf, at Weftminfter, the twentieth day of January, in the fourth year
of our reign.
By writ of privy feal.
YORK AND YORK.
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APPENDIX.
DEFINITIVE
Crtatp of f>tacu
BETWEEN THE
UNITED STATES OF AMERICA
AND
HIS BRITANNIC MAJESTY,
In the Name of the Mojl Holy and Undivided Trinity.
*
IT having pleafed the Divine Providence to difpofe the hearts of the moil ferene
and molt potent prince George the Third, by the grace of God king of Great-
Britain, France and Ireland, defender of the faith, duke of Brunfwick and Lunen-
burgh, arch-treafurer and prince eleftor of the Holy Roman Empire, See, and of the
United States of America, to forget all paft mifunderftandings and differences that
have unhappily interrupted the good correfpondence and friendfhip which they mutu-
ally wifh to reftore, and to eftablifh fuch a beneficial and fatisfa&ory intercourfe be-
tween the two countries, upon the ground of reciprocal advantages and mutual
convenience, as may promote and fecure to both perpetual peace and harmony. And
having for this defirable end, already laid the foundation of peace and reconciliation,
by the provifional articles, figned at Paris on the thirtieth of November, one thou-
fand feven hundred and eighty-two, by the commiffioners empowered on each part,
which articles were agreed to beinferted in, and to conftitute the treaty of peace pro-
pofed to be concluded between the crown of Great-Britain and the faid United States,
but which treaty was not to be concluded until terms of peace fhall be agreed upon
between Great-Britain and France, and his Britannic majefty fhould be ready tor con-
elude fuch treaty accordingly. And the treaty between Great-Britain and France,
having fmce been concluded, his Britannic majefty and the United States of America,
in order to carry into full effe£t the provifional articles above mentioned, accor-
ding to the tenor thereof, have conftituted and appointed, that is to fay: his Britannic
majefty on his part, David Hartley, efq. member of the parliament of Great-
Britain; and the faid United States on their part, John Adams, efq. latfe a com-
miftioner of the United States of America, at the-court of Verfailles, late delegate in
congrefs from the ftateof Maffachufetts, and chief juftice of the faid ftate, and mi-
nifter plenipotentiary of the faid United States to their high mightineftes the States ge-
neral of the United Netherlands; Benjamin Franklin,t efq. late delegate in congrefs from
the ftate of Pennfylvania, prefident of the convention of the faid ftate and minifter
plenipotentiary from the United States of America at the court of Verfailles; John
Jay, efq. late prefident of congrefs and chief juftice of the ftateof New-York, and
APPENDIX;
ftiinifter plenipotentiary from the faid United States to the court of Madrid, to be the pleh-
ipotentiaries for the concluding and (igning the prefent definitive treaty $ who after having
reciprocally communicated their refpeBive full powers, have agreed upon and con-
firmed the following articles.
ARTICLE I.
tlis Britannic majefty acknowledges the faid United States, viz. New-HampftiirC,
MaiTachufetts-Bay, Rhode-Ifland and Providence plantations, Connecticut, New-
York, New-Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Carolina,
South-Carolina and Georgia, to be free, fovereign and Independent dates; that he
treats with them as fuch; and for himfelf, his heirs and fucceffors, relinquiflies all
claims to the government, proprietary and territorial rights of the fame, and every
part thereof*
ARTICLE II.
And that all difputes which might arife in future on the fubjeB of the boundaries of
the faid United States may be prevented, it is hereby agreed and declared, that the
following are, and fhall be their boundaries, viz. From the northweft angle of No-
Va Scotia, viz. that angle which is formed by a line drawn due north from
the fource of St. Croix River to the highlands; along the faid highlands which
cjjiyide thofe rivers, that empty themfelves into the river St. Lawrence, from thofe
which fall into the Atlantic Ocean, to the northwefternmoft head of ConneBicut Ri-
ver, thence down along the middle of that river, to the forty-fifth degree of north
latitude, from thence by a line due weft on faid latitude, until it ftrikes the river Iro-
cjyois or Cataraquy; thence along the middle of faid river into lake Ontario, through
the middle of laid lake until it ftrikes the communication by water between that
lake and lake Erie; thence along the middle of faid communication into lake Erie
through the middle of faid lake until it arrives at the water communication between
th^at lake and lake Huron, thence along the middle of faid water communication into
tliie.Jake Huron, thence through the middle of faid lake to the water communication
between that lake and lake Superior, thence through lake Superior northward of the
ifle.s Royal and Philipeaux,to the Lang Lake, thence through the middle of faid Long
Lake, and the water communication between it and the lake of the Woods, to the faid
lake of the .Woods, thence through the faid lake to the moft northweftern point
thereof, and from thence on a clue weft courfe to the river Milfibppi; thence by
a fine to be drawn along the middle of the faid river Miffifippi until it fhall interfeB the
' northernmoft part of the thirty-firft degree of north latitude. South by a line, to be
.drawn due eaft from the determination of the line laft. mentioned, in the latitude of
thirty-one degrees north of the equator, to the middle of the river Appalachicola or
Catahouchee; thence along the middle thereof to its junBion with the Flint River;
thence ftraight to the head of St. Mary's River; and thence down along the middle
of $t. Mary's River to the Atlantic Ocean. Eaft by a line to be drawn along the
middle of the river St. Croix, from its mouth in the hay of Fundy to its fource;
and from its fource direBly north, to the aforefaid highlands which divide the rivers
that fall into the Atlantic Ocean from thofe which fall into the river St. Lawrence;
comprehending all iflands within twenty leagues of any part of the fhores of the Uni-
ted $tages,. and lying between lines to be drawn due eaft from the points where the
aforefaid boundaries between Nova Scotia on the one part, and Eaft Florida on the
Other, {hall refpeBively touch the bay of Fundy and the Atlantic Ocean; excepting
APPENDIX.
fjch i(landsTas now are or heretofore have been within the limits of the faid province
of Nova Scotia.
ARTICLE III.
It is agreed that the people of the United States fhall continue to enjoy unmoleft-
ed the right to take fifh of every kind on the Grand Bank, and on all the other bank;
of Newfoundland; alfo in the gulph of St. Lawrence, and at all other places in the
fea, where theinhabitants of both countries ufed at any time heretofore to fifh; and alfo that
the inhabitants of the United States fhall have liberty to take fifh of every kind on fuch
part of thecoaft of Newfoundland as Britifh fifhermen fhall ufe, (but not to dry or
cure the fame on that ifland;) and alfo on the coafts, bays and creeks of all other of
his Britannic majefty's dominions in America, and that the American fifhermen fhall
have liberty to dry and cure fifh in any of the unfettled bays, harbors and creeks of
Nova Scotia, Magdalen Iflands and Labrador, fo long as the fame fhall remain
unfettled; but.fo foon as the fame or either of them (hall be fettled, it fhall not be
-lawful for the faid fifhermen to dry or cure fifh at fuch fettlement, without a previous
agreement for that purpofe with the inhabitants, proprietors or poffeffors of the
ground.
ARTICLE IV.
It is agreed that creditors on either fide, fhall meet with- no lawful impediment to
the recovery of the full value in fteriing money, of all bona Jide debts heretofore con-
traded.
ARTICLE V.
It is agreed that the congrefs fhall earnefily recommend it to the legiflatures of the
refpedive ftates to provide for the reftitution of all eftates, rights and properties,
which have been confifcated, belonging to real Britifh fubjefcts, and alfo of the ef-
tates, rights and properties of perfons refident in diftrids in the poffefiion of his ma-
jefty's arms, and who have not borne arms againfl the faid United States. And that
perfons of any other defcription fhall have free liberty to go to any part or parts of
any of the thirteen United States, and therein to remain twelve months, unmolefted
in their endeavors to obtain the reftitution of fuch of their eftates, rights and prop-
erties, as may have been confifcated ; and that congrefsfhall alfo earneftly recommend
to the feveral ftates a re-confideration and revifion of all a6is or laws regarding the premi-
fes, fo as to render the faid laws or ads perfedly confiftent not only with juftice and
equity, but with that fpirit of conciliation, which on the return of the bleffings of
peace fhould univerfally prevail. And that congrefs fhall alfo earneftly recommend
to the feveral ftates, that the eftates, rights and properties of fuch laft mentioned per-
fons fhall be reftored to them, they refunding to any perfons who may be now in pof-
feflion, the bona jidt price (where any has been given) which fuch perfons may have
paid on purchafing any of the faid lands, rights or properties, fincethe confiscation.
And it is agreed, that all perfons who have any intereft in confifcated lands, either by
debts, marriage fettlements or otherwife, fhall meet with no lawful impediment in the
profecution of their juft rights.
ARTICLE VI.
That there fhall be no future confifcations made, nor any profecutions comment
ced againft any perfon or perfons for, or by reafon of the part which he or they may
APPENDIX,
have taken in the prefent war; and that no perfon {hall, on that account fuller any
future lofs or damage, either in his perfon, liberty or property; and that thofe who
-may be in confinement on fuch charges, at the time of the ratification of the treaty
in America, {hall be immediately fet at liberty, and the profecutions fo commenced be
difcontinuecl.
ARTICLE VII.
i There fhall be a firm and perpetuaLpeace between his Britannic majefty and the Paid
ftates, and between rhe fu-bjetts of the one and the citizens of the other, wherefore
all hdftiliiies, both by fea and land, fhall from henceforth ceafe; all prifoners on both
fides fhall be fet at liberty, and his Britannic majefty fhall, with all convenient fpeed,
and without caufing any deftrudion, or carrying away any negroes or other proper-
ty of the American inhabitants, withdraw all his armies, garrifons and fleets from the
Laid United States, and from every poft, place and harbor within the fame ; leaving
in all fortifications the American artillery that may be therein; and fhall alfo qrder
and caufe all archives, records, deeds and papers, belonging to any of the faid ftates
or'their citizens, which in the courfe of the war may have fallen into the hands of
his officers, to be forthwith reftored and delivered to the proper ftates and perfons to
whom they belong.
ARTICLE VIII.
The navigation of the river Miffifippi, from its fource to the ocean, fhall forever
remain free and open to the fubjetts of Great-Britain and the citizens of the United
States.
ARTICLE IX.
I-n cafe it fhould fo happen that any place or territory belonging to Great-Britain
or to the United States fhould have been conquered by the arms of either from the
Other before the arrival of the faid provifional articles in America, it is agreed that
the fame fhall be reftored without difficulty, and without requiring any compenfation.
' ARTICLE X.
The folemn ratifications of the prefer# treaty, expedited in good and due form,
fhall be exchanged between the contra6\ing parties in the fpace of fix months, or
fooner if pojlible, to be computed from the day of the fignature of the prefent trea-
ty:. In witnefs whereof We, the underfigned, their minifters plenipotentiary, have
their name, and in virtue of our full powers, figned with our hands the prefent
definitive treaty, and caufed the feals of our arms to be affixed thereto.
L Done at Paris, this third day of September, in the year of our Lord one thou-
land feven hundred and eighty-three.
D. HARTLEY.
JOHN ADAMS.
B. FRANKLIN,
JOHN JAY,
(L. S.)
(L.S.)
(L. S.)
(L. S.)
APPENDIX.
TREATY
OF
jfrinrtjoljip, limits anto JWmgation,
BETWEEN THE
UNITED STATES OF AMERICA
AND THE
KING OF SPAIN.
HIS Catholic majefty and the United States of America, defiring to confolidatd
on a permanent bafis, the friendfhip and good correfpondence which happily
prevail between the two parts, have determined to eftablifh by convention, feveral
points, the fettlement whereof will be productive of general advantage and recipra-
cal utility to both nations.
With this intention, his moft Catholic majefty has appointed the moft excellent
lord, Don Manuel de Godoy and Alvarez de Faria, Rios, Sanchez, Zarzoza,
prince de la Paz, duke de la Alcudia lord of the Soto de Rona, and of the ftate of
Albala, Grandee of Spain of the firft clafs, perpetual regidor of the city of Santi-
ago, knight of the illuftrious order of the Golden Fleece, and great crofs of the
royal and diftinguilhed Spanifh order of Charles the Third commander of Valencia,
Del Ventozo, Rivera and Acenchal in that of Santiago; knight and great crofs of
the religious order of St. John; counfellor of ftate; firft fecretary of ftate and def-
pacho; fecretary to the queen; fuperintendent general of the pofts and highways;
proteft or of the Royal Academy of the noble arts, and of the royal focieties of natural
hiftory, botany, chymiftry, and aftronomy; gentlemen of the kings chamber in
employment; captain general of his armies; infpeClor and major of the royal corps
of body guards, Sic. See. Sec. and the prefident of the United States, with the ad-
vice and confent of their Senate, has appointed Thomas Pinckney, a citizen of the
United States, and their envoy extraordinary to his Catholic majefty. And the
faid plenipotentiaries have agreed upon and concluded the following articles:
ARTICLE I.
There fhall be a firm and inviolable peace and fincere friendfhip between hii
Catholic majefty, his fucceflors and fubje&s, and the United States and th^ir cftj-
Kns# without exception of perfons or places.
APPENDIX.
ARTICLE II.
To prevent all diiputes on the fubjed; of the boundaries which feparate the terri-
tories of the two high contrading parties, it is hereby declared and'agreed as follows,
to wit: The fouthern boundary .of the United States, which divides their territory
from the Spanifh colonies of Eaft and Weft Florida, fhall be delignated by a line
beginning on the river Miftifippi, at the nothernmoft part of the thirty-firft degree
of .latitude norths of the equator, which from thence (hall be drawn due eaft to ihe
middle of the river Appalachicola, or Catahouchee, thence along the middle thereof
to its junClion with (the Flint: thence ftraight to the head of. St. Mary's River, and
thence down the middle thereof to the Atlantic Ocean. And it is agreed, that
if there fhould be any troops, garrifons or fettlements of either party, in the terri-
tory of the other, according to the at>ove mentioned boundaries, they fhall be with-
drawn from the faid territory within the term of fix months after the ratifications of
this treaty, or fooner if it be poffible; and that they fhall be permitted to take with
them all the goods and effects which they poffefs,
ARTICLE III.
In order to carry the preceding article into effied, one commiffioner and one fur-
Veyor fhall be appointed by each of the contrading parties, who fhall meet at the
Natches, on the left fide of the river Miftifippi, before the expiration of fix months
from the ratification of this convention, and they fhall proceed to run and mark
this boundary according to the ftipulations of the faid article. They fhall make
plats and keep journals of their proceedings, which fhall be confidered as part of
this convention, and fhall have the fame force as if they were inferted therein. And
if on any account it fhould be found neceffary that the faid commiflioners and fur-
veyors fhould be accompanied by guards, they fhall be furnifhed in equal propor-
lions by the commanding officer of his majefty's troops in the two Floridas, and
the commanding officer of the troops of the United States in their fouthweftern ter-
ritory^ who fhall ad; by common confent, and amicably, as well with refped to this
point as to the furnifhing of provifions and inftruments, and making every other
arrangement which may be neceffary or ufeful for the execution of this article.
ARTICLE IV.
- It is likewife agreed that the weftern boundary of the United States which fepa-
Tate them from the Spamfh colony of Louifiana, is in the middle of the channel or
bed of the river Miffifippi, from the northern boundary of the faid ftates to the
completion of the thirty-firft degree of latitude north of the equator. And his
Catholic majefty has likewife agreed that the navigation of the faid river, in its whole
breadth from its fource to the Ocean, fhall be free only to his fubjeds and the citi-
zens of the United States, unlefs he fhould extend this privilege to the fubjeds of
other powers by fpecial convention.
ARTICLE V.
The two high contracting parties fhall, by all the means in their power, maintain
peace and harmony among the feveral Indian nations who inhabit the country adja-
cent to the lines and rivers which, by the preceding articles, form the two Floridas.
And the better to obtain this effed, both parties oblige themfelves exprefsly to reftrain
by force alfhoftilities on the part of the Indian nations living within their boundary.
So that Spain will not fufifer her Indians to attack the citizens of the United States, nor
APPENDIX.
the Indians inhabiting their territory* pot w^ll th^r United States permit thefe laft men-
tioned Indians to commence hoftilities againft the fubjeds pf his Catholic majefty or
his Indians in any manner whatever.
And whereas feveral treaties of friendship exift between the twp confrading parties
and the faid nations of Indians, it is hereby agreed, that in future no treaty of alliance
or other whatever (except treaties of peace) (hall be made by either party with the Ir?*
dians living within the boundary of the other; but both parties will endeavor to
make the advantages of the Indian trade common and mutually beneficial to their re-
fpediv^ fubjehls and citizens, obferving in all things the mod complete reciprocity, fo
that both parties may obtain the advantages arifing from a good underftanding with the
faid nations, without being fubjedt to the expence which they have hitherto occafioned.
ARTICLE VI.
Each party (hall endeavor, by all means in their power, to proted and defend all
veffels and other effeds-belonging to the citizens or fubje&s of the other, which (hall
be within the extent of their jurifdidion, by fea or by land; and (hall ufe all their ef-
forts to recover and caufe to be redoredto the right owners, their veffels and effeds
which may have been taken from them within the extent of their faid jurifdidion,
whether they are at war or not with the power whofe fubjeds have taken poffelfioij
of the faid effeds.
ARTICLE VII.
And it is agreed that the fubjeds or citizens of each of the contrading parties,
their veffels or effeds, (hall not be liable to any embargo or detention on the part
of the other, for any military expedition or other public or private purpofe what-
ever. And in all cafes of feizure, detention or arreft for debts contraded, or of-
fences-committed by any citizen or fubjed of the one party within the jurifdidion of
the other, the fame (hall be made and profecuted by order and authority of law on-
ly, and according to the regular courfe of proceedings ufual in fich cafes. The ci-
tizens and fubjects of both parties (hall be allowed to employ fuch advocates, folicit-
ors, notaries, agents and fadors, as they may judge proper, in all their affairs and in
all their trials at law, in which they may be concerned before the tribunals of the
other party; and fuch agents (jhall have freeaccefsto beprefent at the proceedings in
fuch caufes, and at the taking of all examinations and evidence which may be exhi-
bited in the faid trials.
ARTICLE VIII.
In cafe the fubjeds and inhabitants of either party, with their fhipping, whether pub-
lie and of war, or private and of merchants, be forced, .through ftrefs of weather, pur-
fuit of pirates or enemies, or any other urgent neceflity, for feeking of fhelter and
harbor, to retreat and enter into any of the rivers, ba)s, roads or ports, belonging
to the other party, they (hall be received and treated with all humanity, and enjoy
all favor, proiettion and help, and they (hall be permitted to refrelh and provide
themfelves at reafonable rates, with victuals and all things needful for the fuftenance
of their perfons, or reparation of their (hips and profecution of their voyage; and
they (hall no ways be hindered from returning out of the faid ports or roads, But may
remove and depart when and whither they pleafe, without any let or hinderance.
APPENDIX'
ARTICLE IX.
All fhips and merchandize of what natuie foever, which fliall berefcued out of
the hands of any pirates or robbers on the high feas, (ball be brought into fome port
of either (late, and fhall be delivered to the cuftody of the officers of that port, in
order to be taken care of and reftored entire to the true proprietor, as foon as due
and fufficient proof fliall be made concerning the property thereof.
ARTICLE X.
When any veffel of either party |hall be wrecked, foundered, or otherwife dama-
ged, 011 the coafts or within the dominion of the other, their refpe&ive fubjefls or
citizens (hall receive, as well for themfelves as for their veflels and effeCls, the fame
affiftance which would be due to the inhabitants of the country where the damage
happens, and fliall pay the fame charges and dues"'only as the faid inhabitants would
be fubjeCt to pay in a like cafe. And if the operations'of repair would require that
the whole, or any part of the cargo be unladen, they fliall pay no duties, charges or
fees on the part which they fhall-reladc and carry away.
ARTICLE XI.
The citizens and fubjefts of each party fhall have power to difpofe of their perfon-
al goods within the j urifdiLlIon of the other, by teftament, donation or otherwife, and
their reprefentatives, being fubje&s or citizens of the other party, fhall fucceed to their
faid perfonal goods, whether by teftament or ab inteftata, and they may take poffeffion
thereof, either by themfelves or others afting for them, and difpofe of the fame attlfeir
will, paying fuch dues only as the inhabitants of the country wherein the faid goods £re,
fhall be fubjeft ro pay in like cafes.
And in cafe of the abfence of the reprefentative, fuch care fhall be taken of the faid
goods, as would be taken of the goods of a native in l&e cafe, until the lawful owner
may take meafures for receiving them.
And if queftions fliall arife among feveral claimants to which of them the faid goods
belong, the fame fhall be decided finally by the laws and judges of the land wherein
the faid goods are. And where, on the death of any perfon, holding real eftate within
the territories of the one party, fuch real eftate would, by the laws of the land, defcend
on a citizen or fubjeCi of the other, were he not difqualified by being an alien, fuch fub*
je& fhall be allowed a reafonable time to fell the fame, and to withdraw the proceeds
without moleftation, and exempt from all.rights of detraction on the part of the gov-
ernment of the refpeftive ftates,
ARTICLE XII,
The merchant fhips of either of the parties which fh4all be making into a port be-
longing to the enemy of the other, and concerning whofe voyage and the fpecies of
goods on board her, there fhall be juft grounds of fufpicion, fhall be obliged to ex-
Libit as well upon the high feas as in the ports and havens, nQ;t only her paffports, but
Jikewlfe certificates, exprefsly fhewing that her goods are $ot of the number of thofe
which have been prohibited as contraband.
APPENDIX.
ARTICLE XIII.
For the better promoting of commerce on both fides, it is agreed, That if a war
(hall break out between the faid two nations, one year after the proclamation of war
lhall be allowed to the merchants, in the cities and towns where they {hall live, for col-
lefting andtranfporting their goods and merchandizes: And if any thing be taken
from them, or any injury be done them within that term, by either party, or the peo-
pie or fubjedts of either, full fatisfaftion (hall be made for the fame by the government,
ARTICLE XIV.
No fubjeQ: of his Catholic majefty {hall apply for or take any commiflion or let-
teis of marque for arming any {hip or {hips to a& as privateers againft the faid Uni-
ted States, or againft the citizens, people or inhabitants of the faid United States,
or againft the property of any of the inhabitants of any of them, from any prince or
ftate with which the faid United States {hall be at war.
Nor {hall any citizen, fubjeft or inhabitant of the faid United States apply for or
take any commiflion or letters of marque for arming any {hip or {hips to aft as pri-
vateers againft the fubjefts of his Catholic majefty, or the property of any of them,
from any prince or ftate with which the faid king (hall be at war. And if any perfon
of either nation {hall take fuch commiftions or letters of marque, he lhall bepunifhed
as a pirate.
ARTICLE XV.
It fhall be lawful for all and fingular the fubjefts of his Catholic majefty, and the
citizens, people and inhabitants of the faid United States, to fail with their {hips
with all manner of liberty and fecurity, no diftinflion being made who are the pro-
prietors of the merchandizes laden thereon, from any port to the places of thofe
who now are, or hereafter fhall be at enmity with his Catholic majefty or the United
States. It fhall be likewife lawful for the fubjefh and inhabitants aforefaid, to fail
with the {hips and merchandizes aforementioned, and to trade with the fame liberty
andlecurity from the places, ports and havens of thofe who are enemies to both or
either party without any oppofition whatfoever; not only dire&Iy from the places of
the enemy aforementioned to neutral places, but alfo from one place belonging to am
enemy to another place belonging to an enemy, whether they be under the jurifdic-
tion of the fame prince or under feveral; and it is hereby ftipulated, that free fhips
lhall alfo give freedom to goods, and that every thing fhall be deemed free and ex-
empt which (hall be found on board the (hips belonging to the fubjeQs of either of the
contrafling parties, although the whole landing or any part thereof fhould appertain
to the enemies of either: Contraband goods being always excepted. It is alfo agreed,
that the fame liberty be extended to perfons who are on board a free fhip, fo that al-
though they be enemies to either party, they lhall not be made prifoners or taken out
of that free fhip, unlefs they are foldiers and in aftual fervice of the enemies.
ARTICLE XVI.
This liberty of navigation and commerce fhall extend to all kinds of merchandizes,
excepting thofe only, which are cliftinguilhed by the name of contraband : And un-
d-er this name of contraband or prohibited goods, fhall be comprehended arms, great
guns, bombs with the fufees and the other things belonging to them, cannon-bail, gun-
powder, match, pikes, fwords, lances, fpears, halberds, mortars, petards, grenades,
APPENDIX,
faltfictre, muflicts, mufket-ballsj bucklers, helmets, bneafl-piates, CO&is t>f mail and the
like kinds of arms proper for arming foldiers, mufket-retts, belts, horfes with their
furniture and,all other warlike inftruments whatever. Thefe merchandizes which
follow, fliall not be reckoned among contraband or prohibited goods: That is to fay,
all forts,of cloths, and all other manufactures woven of any wool, flax, filk, cotton
or .any other materials whatever; all kind of wearing apparel, together with all fpe-
cies whereofthey are ufed to be made; gold and hlver, as well coined as uncoined,
tin, iron, latten, copper, brafs, coals; as alfo wheat, barley and oats, and any
other kind of corn and pulfe; tobacco, and likewife all manner of fpices, falted and
fmoked flefh, falted fifh, cheefe and butter, beer, oils, wines, fugars, and all forts
of falts: And in general, all provifions which ferve for the fuftenance of life: Fur-
thermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail-
cloths,, anchors, and any parts of anchors, alfo (hips' mails, planks and wood of all
kind, and all other things proper either for building or repairing fhips, and all other
goods whatever, which have not been worked into the form of any inftrument prepa-
led for war, by land or by fea, fliall not be reputed contraband, much lefs, fuch as have
been already wrought and-made up for any other ufe ; all which (hall be wholly reckoned
arnong free goods; As likewife all other merchandizes and things which are not com-
prehended and particularly mentioned in the foregoing enumeration of contraband
goods: So that they may be tran(ported and carried in the freed manner by the fubjefts
of both parties, even to places belonging to an enemy, fuch towns or places being only
excepted, as are at that time befieged, blocked up, or invefled. And except the
cafes in which any fhip of war, or fquadron fliall, in confequence of ftormsorother
jtcbidents at fea, be under the neceffity of taking the cargo of any trading veflel
veffels,. in which cafe they may flop the faid veflel or veffels, and furnifh tbiern-
felves with necefiaries, giving a receipt, in order that the power to whom the faid fhijS
of war belongs may pay for the articles fo taken, according to the price thereof
$ the port to which they may appear to have been deftined by the (hip's papers; and
fcheUwo contracting parties, engage that the veffels fliall not be detained longer than
may be abfolutely neceffary for their faid fhips to fupply themfelves with necefiaries.
That they will immediately pay the value of the receipts, and indemnify the propri-
^fifor for all loffes which he may have fuftained in confequence of fuch tranfaction.
ARTICLE XVII.
the end that all manner of diflenfions and quarrels may be avoided and prevem
|ed oh one fide and the other, it is agreed, that in cafe either of the parties hereto,
fhould be engaged in war, the fhips and veffels belonging to the fubjefts or people
£>f the other party muft be furnifhed with fea-letters or paflports, exprefiing the
name, property and bulk of the fhip, as alfo the name and place of habitation of the
matter or commander of the faid fhip, that it may appear thereby, that the fhip really
and truly belongs to the fubjefts of one of the parties, which paflport fhallbe made
out and granted according to' the form annexed to this treaty. They fliall likewife
be recalled every year, that is, if the fhip happens to return home within the fpace
-of a year,
It is likewife agreed, that fuch fiiips being laden, are to be provided not only
with paffports as abovementioned, but alfo with certificates, containing the feveral
particulars of the cargo, the place whence the fhip failed, that fo it may be known
Whether any forbidden or contraband goods be on board the fame: which certify
APPENDIX.
cates ffiall be made out by the officers of the place whence the ffiip failed in the ac-
cuftomed form : And if any one fhall think it fit or advifable to exprefs in the faid
certificates, the pcrfon to whom the goods on board belong, he may freely do fo:
Without which requifites they may be fent to one of the ports of the other con-
trafting party, and adjudged by the compeient tribunal, according to what is above
fet forth, that all the circumfiances of this omiffion having been well examined, they
fhall be adjudged to be legal prizes, unlefs they ffiall give legal fatisfaQion of their
property by teftimony entirely equivalent.
ART1CE XVIII.
If the ffiips of the faid fubjefls, people or inhabitants of either of the parties,
ffiall be met with either failing along the coal! or on the high feas, by any ffiip of
war of the other, or by any privateer, the faid fhip of war or privateer for the
avoiding of any diforder, ffiall remain out of cannon ffiot, and may fend their boats
aboard the merchant ffiip, which they fhall fo meet with, and may enter her to the
number of two or three men only, to whom the mafter or commander of fuch ffiip
or veffel ffiall exhibit his paffports, concerning the property of the ffiip, made out
according to the form inferted in this prefent treaty, and the ffiip, when ffie ffiall
have ffiewed fuch paffport, ffiall be free and at liberty to purfue her voyage, fo as it
ffiall not be lawful to molefl or give her chafe in any manner, or force her to quit
her intended couife.
ARTICLE XIX.
Confuls ffiall be reciprocally eftablifhed with the privileges and powers which
thofe of the mod favored nations enjoy, in the ports where their confuls refide or
are permitted to be.
ARTICLE XX.
It is alfo agreed that the inhabitants of the territories of each party ffiall refpeUively
have free accefs to the courts of juftice of the other, and they ffiall be permitted to
profecute fuits for the recovery of their properties, the payment of their debts, and
for obtaining fatisfabiion for the damages which they may have had fuftained, whe-
ther the perfons uhom they may fue be fubjefcis or citizens of the country in which
they may be found, or any other perfons whatfoever^ who may have taken refuge
therein; and the proceedings and fentences of the faid courts ffiall be the fame as if
the contending parties had been fubjeHs or citizens of the faid country.
ARTICLE XXI.
In order to terminate all differences on account of the loffes fuftained by the citi-
zens of the United States, in confequence of their veffels and cargoes having been
taken by the fubjebfs of his Catholic majefty, during the late war between Spain
and France, it is agreed that all fuch cafes fhall be referred to the final decifion of
commiftioners to be appointed in the following manner: His Catholic majefty, ffiall
name one commiftioner, and the prefident of the United States, by and with the advice
and conlent of their Senate, fhall appoint another, and the faid two commiftioners ffiall
agree on the choice of the third, or if they cannot agree lb, they fhall each propofe
one perfon, and of the two names fo propofed, one ffiall be drawn by lot in the
prefence of the two original commiftioners, and the perfon whofe name fhall be fo
drawn, ffiall be the third commiftioner: and the three commiftioners fo appointed
fhall be fworn impartially to examine and decide the claims in queftion, according to
APPENDIX'.
the merits of the feveral cafes, and to juftice, equity and the laws of nations. The
faid comrniffioners {hall meet and fit at Philadelphia, and in the cafe of the death,
ficknefs or neceffary abfence of any fuch commiffioner, his place fhall he fupplied
in the fame manner as he was firft appointed, and the new commiffioner fhall take
the fame oaths and do the fame duties. They fhall receive all complaints and appli-
cations authorized by this article, during eighteen months from the day on which they
fhall aflemble. They fhall have power to examine all fuch perfons as come before
them on oath or affirmation, touching the complaints in queftion, and alfo to receive
in evidence all written teftimony, authenticated in fuch manner as they 'fhall think
proper to require or admit. . The award of the faid comrniffioners or any two of
them, {hall be final and conclufive, both as to the juftice of the claim and the
amount of the fum to be paid to the claimants, and his Catholic majefty undertakes
to caufe the fame to be paid in fpecie, without deduction, at fuch times and places,
and under fuch conditions as fhall be awarded by the faid comrniffioners.
ARTICLE XXII.
The two high contrafting parties hoping that the good correfpondence and friend-
fhip which happily reigns between them, will be further increafed by this treaty, and
that it will contribute to augment their profperity and opulence, will in future give to
their mutual commerce all the extenfioti and favor which the advantages of both
countries may require*
And in confequence of the ftipulations contained in the fourth article, his Catholic
majefty will permit the citizens of the United States, for the fpace of three years
from this time, to depofit their merchandizes and effefts in the port of New-Orleans,
and to export them from thence without paying any other duty than a fair price for
the hire of the ftores, and his majefty promifes either to continue this permiffion if
he finds during that time that it is not prejudicial to the interefts of Spain, or if he
fhould not agree to continue it there, he will affign to them on another part of the
banks of the Miffifippi, an equivalent eftablifhment.
ARTICLE XXIII.
The prefent treaty fhall not be in force until ratified by the contra6ling parties, and
the ratifications fhall be exchanged in fix months from this time, or fooner if pof- *
fible.
In witnefs whereof, we the underwritten plenipotentiaries of his Catholic majefty
and the United States of America, have figned this prefent treaty of friendfhip, limits
and navigation, and have thereunto affixed our feals refpe&ively.
Done at San Lorenzo el Real, this feven and twentieth day of Oftober one thou^
fand feven hundred and ninety-five.
THOMAS PINCKNEY. (Z. $.)
EL PRINCIPE DE LA PAZ. (Z. $.)
INDEX.
ACADEMY OR FREE SCHOOL, Page
"To he eftabliflied in every county I %
Onethoufand acres of land to be granted each county For that ufe *34
Each county may purchafe one thoufand pounds worth of confifcated property 99
Eftablifhed in Chatham county 564
Five thoufand acres of land to be granted for that feminary ibid
In Sunbury, in the county of Liberty 5^6
In Louifville, in the county of Jefferfon 5^7
In Augufta, in the county of Richmond, and endowed with the money arifing from the town lots 132
In the county of Burke, endowed with two thoufand acres of land J 34
In the county of Wilkes ibid
See univerfity.
ACCOUNTS, PUBLIC,
To be kept in dollars, difmes, cents and mills 33
Open accounts not to bear intereft 300
Limitation of
ACTIONS,
33
Certain length of time taken out 3#
Not to affedt Sir William Baker ibid
Nor infants, feme-coYerts, idiots, &C» 33
Abatement of 3 95
ADMINISTRATOR,
See Executor,
ADULTERY AND FORNICATfON,
How to be puniihed 43
AFFIRMATION. 39>
ALIENS, RIGHT OF 38
When liable to militia duty 357
AMERCEMENT. 55, 78
See Confifcation and Amercement,
APPEAL
From inferior courts 3©0
From the fuperior courts to a fpecial jury ibid
633 index. rage
Allowed executors and adminiftrators without fecurity 3°°
From caveat courts to the executive department 33*> 33^
From the court of ordinary to the fuperior court
From the juftices of the peace to a jury of five men
articles
Of confederation 54*
Specific, mode of eftimating their value . 39
Shall bear intereft
arts and sciences
To be promoted 3l
attachment
Againffe the eftates of abfent debtors 39
Againft witnefles for non-attendance 2c>8
attorney,
Admiffion of 4*
When liable to cofts $00
General and folicitor general 28
To have falaries adequate to their fervices ibid
Their duty , 3C0
Letters of, from other ftates, how to be proven *16
Sales by attorney or agent ibid
auditor,
How to fettle doubtful cafes 95
To liquidate the claims of the fiate troops 263
augusta, town ofs
The vacant land above and below added and laid into lots * 32r
Lot holders to improve them ibid
Commiffioners appointed for the town and academy 126, 132, 134
Shall account yearly with the executive J 33
Shall ere& ad academy with the money arifing from the fale of the lots jn the town
of Augufta ibid
Shall convey the lots by them fold 132
Shall referve one lot for a church and ten for public ufes ibid
Shall referve two lots for public worlhip 320
Shall make Greene-ftreet uniform 126
Shall make Broad-ftreet uniform 135
May leafe out the common 134
May lay out lots at the lower end and fouth fide of the town 135
May eftablifh a lotfery to ereft a pier 136
Invefted with the powers of the corporation of Savanna^ 135
The ferry under their direction 133, 240
Two new members added 135
Additional truftees appointed 136
Their number not to be increafed 127
The town incorporated and ftyled city 13 7
Court-houfe and jail therein 164
Commifiioners of the court-houfe and jail appointe4 ibid
Others appointed 124
Vendue-mafter at 570, 572
Fire company at 242
Mechanical Society incorporated *47
Tiers to be built by lottery <*36
INDEX.
AWARD
Of arbitrators may be entered up as a judgment
BAIL
In civil cafes
In criminal cafes
May be required to juftify
BASTARDY,
An ad to reftrain and punifli
BETHESDA COLLEGE,
In Chatham county, eftablifiied
See Univerfity.
BILLS OF SALES,
See Conveyances.
BITING AND GOUGING
An ad to reftrain and punifh
BONDS, NOTES AND OTHER SPECIALTIES,
How to be proven X16
To be denied on oath 295
Negotiable 299
BOUNTY OF LAND TO OFFICERS AND SOLDIERS 335
See Land, ' >
BOUNDARY OF THE STATE OF GEORGIA,
Declaration of 24, 328, 584
Differences fettled with South-Carolina by the ratification of the convention at Beaufort 337
BRANDS AND MARKS
To be recorded 347
BRIDGES,
Public, under the direction of the inferior courts 405
See Roads.
Toll, over Great Ogechee, vefted in James Gunn and Wade Hampton 44> 49
Proprietors to repair the bridge, or the commifiioners will do ijt 4°9
Expence to be paid by the proprietors, or execution may iffue ibid
Over Little River and other ftreams _ 46
Repealed, except Little River and Beaver Dani ibid
Over Ogechee, vefted in Stephen Powell ibid
Over faid ftream, vefted in Jofeph Bryan 47
Over Ebenezer Creek, vefted in John King 4$
BRUNSWICK AND FREDERICA, TOWNS OF,
Commifiioners of, appointed , *5^
Their powers refpefting a refurvey and fale of lots *59
The money applied to build an academy in Glynn county 359>
They may leafe the town common Jb*d
BRYAN COUNTY
Laid out and defined 3^7
A new county laid out of this and Scriven 3<^9
Part,of' Effingham added to it J 7*
$ $
689
Page
$0*
*75t 29^
255
257
42-
564
XXX
43
6ga INDEX.
y Tagc
Public buildings made permanent * , , I71
Commiffioners of the academy may cut a canal from Alligator Swamp to Brunfwick, and take toll 49
May fell confifcated property
Glebe land may be leafed by the inferior court 160
BULLOCK COUNTY
Laid out—its boundary defined
Court-houfe and jail made permanent • 11S> I7T
Commiffioners of, to clear out Ogechee River 37°
BURKE COUNTY
Laid out and defined " SSJ
Waynelborough the feat of the public buildings 134
Commiffioners empowered to fell lots in the faid town ibid
Money arifing therefrom to fupport an academy ibid
Scriven county laid out of this and Effingham county 16y
Jefferfon laid out of this and Warren county 169
Inferior court of, empowered to fell the glebe land 161
CAMDEN COUNTY,
Court-houfe and jail to be at St. Mary's 161
To be at Jefferfon 162
CANALS,
From the Alatamaha to Brunfwick 49 to 50
From the Alatamaha to Turtle River 51
From Hampton River to Racoon Point ibid
CATTLE,
Funifhment for unlawfully branding, marking and ftealing of 52
Hoi;fes, cattle, &c. for exportation, muff be tolled and avouched ibid
Juftices of the peace to be toll-mafters 53
Stolen, tolled, how recovered ibid
Sales of cattle and horfes, how to be made ez to C7
. Wild, how difpofed of
Infpedtion of, eftabliffied in Camden county 56
CAVEAT,
How tried ^24
Appeal to the governor $09, 332, 338
CEDED LANDS 6ol
CENSUS OR ENUMERATION 2,
CERTIFICATES
To be renewed and funded Q2
Form thereof
New certificates to be iffued in lieu of the old jg,,
Old ones to be barred in two years j
CHARTER OF INCORPORATION
Granted to the Univerfity of Georgia
To Bethefda College
To the city of Savannah *
To the city of Augufta ' ^
To the Kioka Anabaptift Church
To the Epifcopal Church at Savannah j
To the Congregational Church at Midway jjJJ
INDEX,
To the Union Society
To the Mechanical Society at Savannah ^ ^
To the Mechanical Society at Augufta
To the Grand Lodge of Georgia
To the Augufta Meeting Houfe
To the Midway and Newport Library Society
To the Union Society in Greene county
Jvlay be granted by the governor to religious focieties
CHATHAM COUNTY
Laid out and defined g^ j-j
Court-houfe and jail to be in Savannah j - »
Mayor and aldermen commiffioners of court-houfe j ^
Academy, truftees appointed for ^g^
Bryan county laid out of this x g^
CITIZENSHIP,
Certain perfons admitted to 74
CLAIMS
To property under execution got
e9%
Of courts, how to be appointed
CLERKS
201, 202
To ferve during good behaviour 29, 201
Their oath and duty 302
May be clerks of both courts ibid
Shall give bond and fecurity ibid
Their fees in civil and criminal cafes 231
Of the Houfe of Reprefentatives' fees 232
COIN,
An a& to punilh the clipping of 59
Counterfeiting of, punifiied with death 243
COLUMBIA COUNTY
Laid out and defined 153
Seat of the public buildings made permanent " 172
Academy, eftablifhed near the court-houfe ibid
COMPTROLLER GENERAL
His powers and duty * 183, 184
CONFISCATION AND AMERCEMENT
A&s of, recommended by congrefs 63
Perfons named therein, attainted and banilhed, and their eftates confifcated 64, 83, 85
Perfons entitled to the rights of citizenlhip, on certain conditions 74
A board of truftees appointed 64
Their duty—empowered" to fend for perfons, books and papers 65
Creditors to fuch eftates, to lay their claims before the board ibid
Sheriffs, icc. to execute their orders and decrees 66
The board may commit to jail, in certain cafes ibid
Perfons indebted to laid eftates, to difcover the amount 99
May pay the fame in paper money ibid
The board {hall fettle fuch eftates, on certain conditions 67
Bonds taken to be recorded 68
Claims againft fuch eftates to be liquidated by the auditor or board 85, 94
692 INDEX.
Page
The board to fell real eftates—-Terms of fate 6gf 73» 86
And make legal conveyances to the purchafers 69, 73* 87
The ftate fhall warrant all fuch titles 7®* 8t
The board to give bond and fecuritjv and be fworn . 7°
Shall pay all monies into the treafury ihicf
Which is appropriated to the defence of the country , 1}
Sheriffs to give bond and fecurity—fees for their fervices ibid
Wives and children of perfons attainted, to be maintained 71* 87
Eftates of perfons refiding in Britifb dominions, forfeited 73
Other commiffioners appointed—their compenfation 75> 78
Certain perfons amerced 73
Money arifing therefrom to be paid into the treafury 75
Debts due to Britjfh fubjefts fiequeftered 85
Their eftates confifcated ibid
Another board appointed 8($
Shall give bond and fecurity, and be fworn 87
Their compenfation 88
lnvefted with the power of the former boards 8 <5
Sales under aft of 1788, not completed—declared void 88
The property to be fold under this aft ibid
The board to report their proceedings to the executive ibid
The board diffolved—Three nominated and veiled with the fame powers 8p> 9$
The governor may fell perfonal ?ftate 9$
Purchafers allowed to relinquifh their bargains 90
Certificates to be received in payment as gold and filver ibid
Jntereft thereof .to form a contingent fund 91
The board t« fell what yet remains unfold—The condition? jbid
Audited certificates to be exchanged for indented pnes 92 *
Which fhall fie funded and bear intereft ibid
The 'board to lay their proceedings before the legiflature 93
The money applied to difcharge the continental quota jbid
Certain perfons relieved from confiscation and banifhment 179
But fubjeft to amercement .and .other disqualifications fold
Certain perfons permitted to remain in this ftate feven years jbid
And others reftored to the rights of citizenffiip 8©
Property reverting to the ftate, how difpofedof .97, joo
Sheriffs to fell the fame, on certain conditions jbid
Three commiffioners of confifcated eftfites appointed joi
Shall give bond and fecurit-y jbid
All bonds taken by them to be fent to the treafurer 99
Each county allowed to purchafe .one thousand pounds worth of confifcated eftates for the ufe
of academies 99^ J0I
Commiffioners of Eouifville authorised to purchafe two thoufand pounds, to finifh the ftate-houfe ibid
Attachments againft perfons on the afts of confifcation 99
A board inftituted to take in certificates, and iffue others j02
Certain perfons taken from the .afts of confifcation, &c. J oa to 111
' CONSTABLES J
Appointed by the inferior court—to give bond and fecurity, and be fworn 202
Punifhable by endiftment 289
May levy on real eftate 291
Their duty on the fabbath-day j
Their duty under the patrol laws—their fees ^2
They ffiall fummon juries and attend juftices' courts 290
Their fees . 2QO
CONSTITUTION y
Of the ftate of Georgia 2a
Alterations, how to be made ^ 1
Of 1777 5
Of 17S, i|
INDEl
. 6f 179J page
Or tlie United States o£ America
Amendment of, explaining the judicial authority, ratified
Of 1778 ^
. CONTAGIOUS DISORDERS^See Quarantine 39t
CONTINUATION OF FORMER LAWS—See Revival of Laws 397
CONVENTION AT BEAUFORT . 662
Ratified by the fiate of Georgia- ^7
CONVEYANCES, DEEDS, BILLS OF SALE AND MORTGAGES,
Ry hufband and wife t£2 £l. j t _
How to be executed and proven ibid/ ibid,' ibid
Fraudulent, how to be detected arid puniffied l £ lf 5 j.
Defeft in the form of, not fatal lx^ j j -
Livery and feizin unneceffary ' jbjj
Whep and where to be recorded m> Ix^f XI^
Time for recording extended ^5
Loft, how to be eftablifhed £Ig
Hade by attornies or agents, declared to be valid ibid
COPY-RIGHt
Secured to the authors of books, maps, See. 34.2
COPARTNERS
Compelled to account by a bill in equity jjo?
CORONERS
Appointed by the people 202
When to aft as fheriff 294
Their fees 229
When the public is to be accountable 232
COSTS
In criminal cafes to be paid by the pfroletutor or prifoner, at the difcretion of the juftice 290
COTTON, IJO
Infpeftiort of, aft repealed,
' COURTS,
Superior, to be held twice a year in each cbunty - 27
To have concurrent jurifdiftion 29^
Times of being held ibid
Invefted With chancery powers , 307
May pumfh its officers for contempts, by attachment 306, 285
To be courts of record ^ ^ 293
May compel the produftion of books, papers, Sec. on the trial 294
Eftablifh the copy of loft papers, and grant writs of habeas corpris ibid
Aftions therein not to be abated or quaffied for want of form 295
Dilatory pleas therein tb be received on oath ibid
Aftions againft joint obligors refident in different counties 28, 295
May declare a mis-trial, and fine offending juroi'S 300^
Shall decide on the illegality of executions 30F
£hall correft errors and grant new .trials 27, 307
4 And perpetuate teftimony 308
Inferior, to be held half-yearly in each county 4?
4?
fyi INDEX.
Page
Times of holding 292
Shall hold pleas in civil cafes 21
Shall grant writs of habeas corpus,, and eftablbh copies of loft papers 294
Conftituted commiffioners of the court-houfe and jail *7°
Shall grant tavern licenfes and fix tavern rates 445
Shall levy a county tax *7*
Shall repair court-houfes and jails, and eredft bridges ^id
Shall provide for the poor and bind out orphans ' 224, 226
Shall fuperin'tend the clearing and repairing of roads 4°5> 4°9
May order the fale of land on the application of executors, &c. 223
And diredt executors, &c. to complete titles of land fold by their teflators or inteflates 218
Shall appoint conftables 2 02
Shall appoint juftices of the peace 28
Conftituted courts of ordinary ibid
Of ordinary inftituted ibid
Appeal from their decifion to the fuperior courts ibid
Aft to regulate their proceedings 219
Martial—See militia 352, 354, 357
COURT-HOUSES AND JAILS
Under the dire&ian of the inferior courts 170
Fines and monies arifing from tavern licenfes and eftrays, appropriated to build and keep them in repair 17 %
COUNTIES,
Boundary of, may be altered, and new ones laid out by the legislature 24.
COUNT B'ESTAING,
Twenty thoufand acres of land granted to 244
COUNTERFEIT—See Felony ,44l 38,
DAMS OR BANKS,
Damage? occafioned by, how to be afcertained 178
Acrofs rice grounds, when to be opened j 79
DEBT,
Funded, to bear intereft 93
National ibid
French, Dutch, and domeftic 94
DEBTORS, INSOLVENT,
Not to be detained after giving up their property 30, 182
DEBTS, OUTSTANDING, EVIDENCES OF,
To be taken in and new ones iffued in lieu thereof by the comptroller 183
To be barred if not renewed in two years from the 2d February, 1798 184
The duty of the comptroller therein further defined ibid
DECLARATION OF INDEPENDENCE 638
DEEDS—See Conveyances iix
DEER,
Hunters of, by fire-light, forfeit five pounds or receive thirty-nine lafhes i3f
DEPRECIATION OF PAPER MONEY,
An aft to eftablifii a fcale of
INDEX, e9s
• : DIGEST P^e
Of the laws of Georgia
DISTRIBUTION OF INTESTATE ESTATES,
See Executors and Adminiftratora 21^
DIVORCES.
An aft for divorcing"Andrew Maybank and Mary his wife jgZ
lchabod Bulkley and Margaret his wife 193
Walter Billingflea and Jane his wife J94
^Benjamin Butler and Elizabeth his wife ig$ .
Henry Moore M'Donald and Mary his wife ibid
George Mathews and Margaret his wife igS
Abner Mitchell and Sally his wife 198
Ignatius Gilpin and Charlotte Vincent ibid
DOWER,
Relinquishment of 112, 113, 115
Not barred by mortgage 114
DRUNKENNESS—See Sabbath-day 410
EBENEZER, TOWN OF,
Lots therein to be fold to build court-houfe, jail and academy 154, 158
EFFINGHAM COUNTY
Defined 151
Tcnp laid out called Springfield, the feat of public buildings 158
New county laid out of this and Burke, called Scriven 165
Part of, added to Bryan 172
ELBERT COUNTY
Laid out and defined—court-houfe and jail made permanent . 163
ELECTIONS
By.the General Affembly to be by joint ballot 29
By the people to be viva voce #9> *99
Repealed—to be by ballot 202
To be held at the feveral court-houfes } 99
Of members of the legiflature to be annual, by the people
Of members of congrefs, every fecond year, by the people
Of the inferior, courts
Of juftices of the peace 1°1"'
Of county officers 301, 202
Of receivers and colleftors 544
Qf general officers of militia ./*.<•',
Three j,uftices to prefide at eleftions, and with the iheriff preferve order t99
Poll^atj to be kept by three clerks 201
Fraudulent returns of, how to be punifhed *,9.9
Freedom of, to be preferved
Civil proceffes ferved on the day of eleftion declared to be illegal 200
electors,
Their qualifications and oath 1 ^
EMANCIPATION,
Afeof 80310208
ibid
ibid
INDEX,
ESTATES. ^
Not ta lie entailed , t2, *8, 220
Wafte of, how to be prevented "* 22|
Inteftate, diftribution of £*£* 217*- 3°"
Ileal andperfonal, ccnfidered the fame with regard todiftribulioa 2i1
See Executors and Adminiftrators*
ESTRAYS,
By whoiti and in what Winner to be taken tip and polled 2 oil
To be viewed and appraifed by two freeholders j the valuation and defcription to be fent to thd
clerk of the fuperior court ' ibid
Taker up to take an oath—his fees 208, 209
To be advertifed, and fold jn 12 months ibid
juftiees and clerks, their duty and fees j . 208, 209
May be put to labor, or the poller may receive pay for keeping 209
Fine on perfons for neglecting their duty herein ' 210
Owners of, may receive the amount of fale, if they apply in 12 months 209
Superior Courts, fiiall fuperintend the execution of this law 2 id
Stud horfes running at large, may be gelded ibid
Sale of cattle, &c. to be in the diftridt wherein polled 211
juftiees to pay to the clerk the monies received from fuch fales ibid
Perfons felling of, for their own ufe, fubjed to endiftment ibid
.Horfes, alfes and mules, £0 be at the court-houfe when fold ibjd
Owners may receive the amount of fale two years after fuch fald ibid
EVIDENCE
tn, ftate courts 29$
In caveats before the governor 3°9
llow to be taken in caufes depending in other ftates 21 %
EXECUTORS AND ADMINISTRATORS,
Their duty 213, 2l8,.22o, 225
Shall make distribution in twelve months, and a fecond one in two years 215
Shall take an oath 214> 222
Shall account annually with the register 220
Shall account annually with the court of ordinary 225
Shall have the eftate inventoried and appraiffed 2i3> 221
The appraifers fhall be fworn t 214
The appraifement, not to he conclufive againft the reprefentativei 22i
They fhall not take eftates at the appraife value 214
Shall receive comnaiffions out of the eftate # 215
Shall forfeit them for neglect of duty 221
May fue" for additional eXpencCS 216
Shall be free from fuit for 12 months » . i2j4 295
Shall give fix weeks' notice to creditors 223
Shall pay the debts due by the eftate,in-dueordei* %i5* 223
And recover thofe due to the eftate 215
Shall give forty days' notice previous to any fale 214
May convey land fold by their teftator or inteftate • 218
May fell real eftate, purfuant to an order of the inferior cotirt zsj
Chargeable in certain cafes, as executors in their own ivrong 215
Adminiftrators, muft give bond and fecurity £14, 222
And take an oath ibi«2
Adminiftrator, with the will annexed, his oath ibid
Debtors made executors, and difcharged of the debt 214
Executors may be compelled to give fecurity 22 J
Principal creditors appointed, muft a£t in truft for the reft 215
Bonds of executors, adminiftrators^ and guardians, to be recorded 222
INDEX*
* Page
Shall be chargeable with the amount of the appraifement „ 214, 221
Letters of adminiftration granted to a widow, may be revoked 011 her marriage 22 3
Procefs to iffue againft executors, adminiftrators and guardians, who fail to make their annual return
to the court of ordinary 2 2
CO'Executors liable to a bill in equity T 0
Caveats againft proving wills, and granting letters of adminiftration 28, *-17
Wills to be proven, and letters of adminiftration to be granted by the court of ordinary 2 19
Perfons detaining wills, fubjedt to fine and imprifonment 221
See Court of Ordinary, Eftates, Orphans and Wills,
EXECUTION,
May iflue on the fifth day after judgment 299
By whom iffued, and to whom directed 301
May be stayed fixty days '300
Illegality of 301
FEES OF PUBLIC OFFICERS,
An adt for the regulation of 226
When the public fliall be accountable ' 232,234
Officers charging for fervices not performed, or more than legal fees, fhall, forfeit fourfold, and
be difmiffed from office 234
Pees due by infolvent criminals, &Ci to be paid by the county ibid
State fees on fuits 54°
FELONS,
Tranfported from other places, how to be treated 234
FELONY,
To counterfeit paper money or pafs forged bills 3^J
Audited certificates, or any warrants drawn on the treafury. 244, 243
To counterfeit any bond, note, deed, &c. or to utter or publiffi them as true 244, 245
To clip gold or filver coin, for the fecond offence 59
To forge or pafs bafe metals as good coin 245
Perfons convidted of, ineligible to any office of honor or profit 23
FEME-SOLE,
Being plaintiff, and marrying pending the adtion, the writ fhall not abate 295
FEME-COVERTS—See Hufband and Wife 112
FENCES,
An adt to regulate 235
FERRIES,
Adts to eftablifh and regulate 237 to 24*
FIRE-ARMS,
White freemen compelled to carry to places of public worfhip 241
FIRE-COMPANY
Lstabliflied at Savannah 242
At Augusta ibid
FOREIGNERS,
Who lend money at interest, may take fecurity on real estate 243
French citizens enabled to fettle or convey lands granted them 244
4 u
6^8 LNDEX.T page
FORGERY
Defined and punifhed-—See Felony
FRAUDS
In felling beef, pork, pitch, tar and turpentine, to be prevented and punifhed HS
FRANKLIN COUNTY
Laid out and defined 33°
Jackfon county laid out of this county 168
FRANKLIN STATE,
Certain engagements to be made with the people of 261
FREDERICA TOWN,
Commiffioners of, appointed—Their power and duty 159
GAMING,
A£ls to prevent and punifh 248, 253, 255"
Lotteries for that purpofe to be fuppreffed 249
Bonds, bills, &c. given to fecure gaming debts, void ibid
Money won may be Recovered back by the lofer, or any one elfe 250, 253
The winner may be compelled to difcover the amount won, on oath 250
Thofe who win by fraud or cheating lhall forfeit fourfold 251
Perfons fighting on account of gaming fhall forfeit twenty pounds and be imprifoned ibid
Tavern-keepers fubjedt to fine for fuffering gaming in their houfes 251, 254
Horfe-racers fhall forfeit one hundred pounds for each race 255
Forfeitures, how recovered and applied ibid
Competent witnefies under this a£t 252
Duty and power of juftices of the peace under this ail ibid
May break open doors ibid
Apprentices, &c. fubjeil to fine and imprifonment for gaming ibid
GEORGIA,
State of, its boundary defined 24* 328, 584, 672, 675
Divided into three diilridls 271,292
GLYNN COUNTY
Defined ^ ^2
Certain iflands added to j ^
Court-houfe, jail and academy at Brunfwick 159, 160
GOUGING—See Biting 43
GOVERNMENT,
Seat of, at LouifviUe 2 I2„
Departments of, to be diftinit and feparate. 2o
GOVERNOR,
To be appointed by the legiflature 26
His legifiative authority
His executive authority *26
Shall appoint his fecretaries
GREENE COUNTY
Laid out and defined
Court-houfe and jail at Greenfborough
Hancock laid out of this and Wafhington county 164
IN0EX. 699
Page
Part of, added to Oglethorpe, and part of Oglethorpe added to it 176
<C?reenlborough eitabliihed on the univerfity land 16z
guardians'
appointed by the inferior court 11$
Shall give bond and fecurity ibid
Allowed a compenfation for their fervices 226
HABEAS CORPUS,
,Writs of, may be granted by the fuperior or inferior courts 30, 294
HANCOCK COUNTY
'Laid out 1 $4
Courts and elections of, where to be held ibid
HARDWICK,
Commifiioners for the town of, appointed, with power to fell lots to build court-houfe, jail
and academy in Bryan county 156, 157
HORSES,
For exportation, to be tolled or avouched before a toll-mailer 54, 55
Stolen and fold after being tolled, how to be recovered 53
Wild, how to be managed and difpofed of 54
Stealing of, made felony without benefit of clergy 256
Perfons charged therewith not bailable ibid
jackson county
Xaid out 168
Court-houfe and jail made permanent 177
^ JAILORS,
Under the direction of the fuperior court 271
Their fees 329, 256
Property of prifoners liable for their fees ibid
JEFFERSON COUNTY
Laid out and defined 169
Courts and elections of, to be held in Louifville 170
IMPEACHMENTS,
To be preferred by the Houfe of Reprefentatives and tried by the Senate 14, 21, 2?
Former convictions of, annulled 30
INCORPORATION, ACTS OF—See Charters I2X
INDENTURES—See Conveyances 112
" v INDEPENDENCE,
Declaration of 638
INDIANS,
Surveys and grants on the land of, declared void
Sales of the land of, to private perfons, void
Claims of, the right of extinguiihing veiled in the people and government
Valences of, aCts to fupprefs
ACts to extinguiih their claims to certain lands
An aCt for running the line between them and us
The murder of, puniihable with death
259,326,
335
257
552
261, 262,
263
264,
268
259
258
700 INDEX.
INDIGO, Pag<
Planters of, to deftroy fteeped weed 27$
INSPECTION
Of beef, pork, pitch, tar and turpentine 245
Of tobacco—See Tobacco £44
INTEREST,
Of money or other thing, an ait to regulate 270
Not allowed on open accounts 300
INTERROGATORIES
May iffue to witirefles refiding out of the county 299
IRON WORKS, FORGES AND FURNACES
Land granted for 3*8,323
JUDICIAL TOWER,
Veiled in fuperior and inferior courts 37
JUDGES OF THE SUPERIOR COURTS,
Eleited by the General Aifembly for three years 37
Their oath 271
Shall ride the circuits alternately 272, 308
-Shall meet annually at Louifville on the fecond Monday in January ibid
Shall have adequate falaries
Shall grant writs of certiorari and mandamus 27, 28, 307
Shall grant new trials and correct errors 27. 307
Shall form rules for the government of the courts 308
Adminifter oaths and puniih contempts 373, 253
JUDGMENTS,
Bind property from their date 380, 300
By default 295
Confeffion of 300
JURORS,
Their qualifications 277, 303
How to be drawn and empannelled 278, 303
To be fummoned by the iheriff, 279, 304
Grand jury to confift of not lefs than eighteen, nor more than twenty-three 304
Special jury to be taken out of the grand jury 280
Their oath 280, 307
.Oath of the petit jury ibid, 305
May be fined for default or mifconduil -279, ibid
Their fees 230
JURY,
Trial by, inviolate forever *3, 17, 3©
JUSTICES OF THE INFERIOR COURT
To be appointed by the legiflature, during good behaviour 2*8
JUSTICES OF THE PEACE
To be appointed by the inferior court ibid
Shall hold pleas in civil a&ions not exceeding thirty dollars 28, 287
Appeal from their decifion to a jury of five men 288
INDEX.
ShallKoid tlielr courts monthly 288
May hold to bail, and grant attachments ibid
Evidence in the courts of - ibid
Shall with a jury try the rights of property levied 0ri ibid
Shall not try a&ions of treTpafs 309
May be endi&edfbr inal-pra&ice in office 28, 291
LAND
of 17£9, to eftablifh the titles of the inhabitants, ike*
Of 1765, for better fettling and {lengthening the province, 210
Of 17651 to prevent frauds and abufes in furveying lands, &c. 2
Of t7^7> to empower the general court of pleas to grant writs of partition 315
Of t777i for opening the land office; &c. 316
Of 1777> to amend and repeal fome parts of the laft a£l 318
Of 1780, for the more fpeedy fettling this ftate, 8cc. 313
Of 1783, for opening the land office, &c. 323
Of 1784, for laying off two more counties to the weftward 330
Of 1785, to amend and alter fome parts of the land afts , , 334
Of 1786, to prevent perfons furveying lands between the Alatamaha and St. Mary's fever, 337
Of 1788, to ratify the convention at Bfeaufort with South-Carolina ibid
Of I794> to veft certain powers in the governor to prevent abufes in furveying lands 339
Of 1798, to present controverfies refpe&ing the bounds of lands ibid
Of 1799, to amend the laft a& 340
Sales of* by agents or attornies, declared to be valid 116
By Indiana io private perfons, void 25 7
Claimed under truftees, titles thereto confirmed 309
Partition of 315
South-Carolina, grants of, to be audited 310
" Lying fouth of the Alatamaha added to Georgia 311
"Frauds in furveying of 3I4> 339
Claims to, muft be by fdit 34
Office opened 316, 323
Granted on head rights - . . , 3i6» 32I» 323> 33*> z65
Oath of perfons applying for head rights 335
Forfeited, if the applicant is conviftcd of perjury bn faid oath ibid
May be taken up by purchafe not exceeding one thoufand ^fcteS 323
Gold and filver to be received in pajrmerit of 331» 334
Bond and mortgage to be given by the purchaferg of 331
Audited certificates to t(e reteived in payment of 329
Surveyors of 314, 324, 331
Their oath—fhall give bond and fecurity 325, 326
Shall fwear their chain carriers . 314, 326
Shall infert their own names and the names of ihii cKkin carriers ifi platS 260
And fhall fet forth the beginning comer 338
Surveys of, how to be executed 314, 317
On the land df the Indians, declared to be Void 322, 326
Penalty for making fuch furveys 327, 325, 338, 259, 260
Purveyor general of, his duty 314, 319, 323, 324
Warrants, when and how ifiUed , 323, 325
To be renewed in two yeafl; ekcept officers mill Iblthers' bbuntieS 336, 338
Transferred, not to be rehewed 339
Loft, and plats, how to be eftablifhed 322
Grants of, need not be audited, but muft be regiftered in the county furveyor's office 336
Need nbt be regiftered in the county furveyor's office 33®
To certain widows and minors free of office fefes 329
Form of 327
The governor to direct the form of 33®
Where two furveys are made on the fariie land, and a grant obtained firft on the ^oungeft
fnrvey, the eldeft grant fhall hold the land, but the grantee fhall be jfubjedt to an
4 X
P3 INDEX-
Pzge
a&ion of damages to double the value thereof, or relinquish his right to the flrit
furvey 33^
In the territory lately ceded fouth of the Alatamaha, void 3 3®
Caveats to prevent obtaining of, how to be tried ' 324> 333
Appeal from the caveat courts to the governor 332> 33®
Granted for the endowment of a college or univerfity 333
For faw-mills, grift-mills and iron works 31®* 322
Claims to, by Indian traders in Wilkes county, adjufted by the legislature _ 322
Bounties of, to officers, feamen and foldiers * * 323»332>33^
To refugees and citizens of Georgia 334
To the ftate'troops 26lx 263, 264
Referved for petitioners from Virginia 332
Settlements on and cultivation of, before obtaining grants . 516, 323, 324, 335
Not neceffary 334
Right of preference to 321,^26
Former allotments of 32r
Confirmations of, when alienable 317
Abfentees claiming of, required by proclamation to return 317, 321, 326, 329
Minors, being abfentees, not to be affedied by non- compliance therewith - ibid
Settlers of, invited by proclamation 322
Controverfies" refpedting the bounds of, an adt to prevent 339, 340
A number of plats of, added to the furveyor general's office - 341
lazAretto,
An a& for the eftabliffiment and ere&ion of 344
LEGISLATIVE AUTHORITY
Veiled in a Senate and Houfe of Reprefentatives t 21
They fhall meet annually on the firft Monday in November 201
Freedom of debate ' 22
Members of, free from arreft in civil cafes ibid
Their qualifications , 21
Certain difqualifications 22, 23
Temporary apportionment of 21
Not eligible to any appointment by the legiflature 22
Oath of 23
Fledtion of, to be by ballot 202
LIBERTY COUNTY
Defined 6, 151
Court-houfe and jail eftablilhed in Riceborough 157
Academy eredted—See Univerfity 567
LIGHT-HOUSE
On Tybee Iiland, ceded by the ftateto the United States 344
LIMITATION OF ACTIONS—See Aaions 33
LINCOLN COUNTY
Laid out and defined - 170
Cojnmiffioners of the court-houfe and jail appointed 176
Lincoln, town of, laid out 1 f 554
LITERATURE AND GENIUS,
An adt to encourage 342
LOTTERIES, •
For the purpofe of gaming, to be fupprefied 248
Authorized to raife money for certain purpofes 136, 3.75
LOUISVILLE
The feat of government 129
Commiffioners of, appointed* and empowered to purchafe confifcated property 99, iqj
INDEX. 7o3
Academy, commiffioners of, appointed—See University
LUMBER,
An aft to regulate the admeafurement of 345* 346
MANUFACTORY
Of cotton, lottery authorized to .promote 377
MARKS AND BRANDS
To be recorded in the clerk's office 347
M'INTOSH COUNTY
Laid out and defined 167, 173
Court-houfe and jail, to be built by the inferior court 167
MILLS,
Toll to be taken at 363
MILITIA,
Divided into divifions, brigades, regiments, battalions and c.ompanies 34.3
Additions made to certain brigades 4 339, 360
Company officers of, eledled by the privates 349
Returns of the elections of, how to be made 349, 358
Field officers of, to be eledted by the company officers 349
Their and company officers' uniform 350
General officers of, appointed by the legiflature 29, 356
May employ ex'prefies 362
Officers of, how to take rank , 350, 359
Of volunteer corps, how commiffioned and governed 355, 358, 361
Regimental and battalion mufters of 35 *
Fines of officers for not attending well equipped ibid
For mifbehaviour while under arm? 35 J> 355
For negledt of duty 354> 357
Officers commanding regiments (hall appoint the regimental ftaff 35 J
Brigadier generals allowed an aid-de-camp 358 -
Adjutant general (hall mufter the field-officers and brigade infpedtor of each brigade annually 361
His compenfation ibid
Brigade infpe&or fliall exercife the company officers and adjutant twice every year ibid
And attend regimental mufters in the brigade ibid
The adjutant ffiall attend battalion mufters ibid
Field officers may alter the boundaries of companies 362
Company officers, their duty 361
Company mufters 351
Fines on privates for non-attendance, &c. at mufters 350, 351
Non-commiffioned officers to be drawn by lot 353
Fines for refufing to a£t ibid
For negle&ing to a& ibid
To be impofed by courts-martial 352
Warrants for collecting of, to be executed by fergeants ibid
, Appropriated 357, 362
Courts-martial for the trial of officers 354, 357
Their fentences lubjeCt to the control of the commander in chief _ 354
To be fworn ' 357
Shall keep records of their proceedings 363
Ferfons fuhjeft to militia duty ffiall enrol themfelves 350
And fupply themfelves with proper arms and accoutrements ibid
{Quakers exempted 356, 358
Further exemptions , f t356, 358, 360, 362
The governor may order out the militia to defend the frontiers -357 >
Fines on officers and foldiers who refufe to do their tour of duty 357
7°4
inmx.
Page
No perfon Hiall hold more than one militia commiffioti
monopolies
Not to be glinted *4
montgomery county
Laid out and defined ^ Ivf
Court-houfe and jail to be St the plantation of Arthur Lott kj$
mortgages
To be recorded—See Conveyances ilj
On perfonal property, how foreclofed 298
On real eftate, how foreclofed 291
Murder
Of Haves, piinifhable wifh deatb 3°» 443j
Of Indians, pUnifhable with death 258
navigation ot rivers.
A&s to prevent throwing ballaft, rubbifh, &cs into rivers and navigable creefci 364, 59a
Fines under faid adls appropriated 36^
Of Ogechee River and Briar Creek ibid
GommifSoners appointed for that purpofe ibid
In Scriven qounty by the inferior court 369
Alfo in Bullock county 37a
May be appointed by the inferior courts in oihef counties 37 i
Their powers • 366
Locks to be built by perfoils making mill dams acrofs them 3^7
Timber maybe taken from the adjacent lands • ibid
Penalty for falling trees into the faid fireams ibid
Commifiioners to give bond and fecurity, and make yearly returns to the governor ■
Tax levied on adjacent lands ibid
Perfons exempted from the tail whb Work on faid river and creek .37.1
Orphans not to be affedted by the faid tax fffiS
Perfons working on Briar Creek, exempt from wofking on roadst 3S9
Tools and implettients to be tifed: ibid
Fines for neglecting to work , . s 3^9» 37*
Of Little River* aft for keeping it opfen,- Repealed as far as it relpe&s Jofeph ftay, Sazil La-
mar and Andrew Brown's mill feats -37®
Of Savannah River from Peterfburgh to Augufta . 37'i
A company eftablifhed and incorporated, with a capital not exceeding 40,000 dollars 371, 37a
Rates of toll, when the river is cleared to carry 15 hogfhedds 37J
Constitution of faid company ibid
Shall continue twenty years 374
Of Savannah River from Augufta to Savannah , ( ibid
Commifiioners appointed to join commifiioners who may be appointed by South-Carolina lor
that purpofe 37j>
They fiiall give boiid and fecurity ibia<
They fhall appoint a colle&or, who fiiall give bbnft and fecurity, and receivfe 5 pef
bent. on all monies collefted by him ibid
Rates of toll on all produce conveyed down the river ibid
All money received by them applied to improve the navigation of the rivfer ibid
Of Broad River, frOm Peterfburgh to the fork 376
A lottery authorized to raife pn^ thoufand dollars to clear it of bbftru&ions ibid
One fourth of faid ftreSm to.be kept open 558
The mi die ftream between Anthony's and Coleman's mills to be kept open ipid
Penalty for falling trees into the faid river ^ jbul
The north and middle forks of the Oconee and Appalachee Rivers to be kept open from th'fe
Rock Landing to certain places, under penalty of one hundred dollars for each day ibid
A lottery authorized to improve the navigation of the Oconee and Alatamaha Rivers, from the
fea to the Rock Landing 376
Commifiioners appointed to fuperintend and carry it into effe& 377
INDEX.
Notary public, his fees
OATH
To be adminiilered to fenalors and representatives
To the governor
To the judges of the Superior courts
OFFICERS, CIVIL AND MILITARY
Shall take an oath to Support the conilitution of the ftate
Before whom to be taken—penalty for negle£t *
Further time given to take the faid oath
Time for taking the aforefaid oath further extended
And their official afts declared to be valid
OGLETHORPE COUNTY
Laid out and defined, and court-houfe and. jail made permanent
Part of Greene county added to it
Fait of Greene added to it, and part of it added to Greene
ORDINARY, COURT OF,
Eftabliffied—its jurifdi&ion
hSi to regulate their proceedings
ORPHANS,
Their eftates protected
Muft be bound out if the profits of their eftates vail not Support them
Page
A3
26
271
377
ibid
378
37 y
ibid
166
*73
176
28,
219
224, 226
ibid
PAPER MEDIUM.
Fifty thoufand pounds in paper bills of credit emitted 379
To be a legal tender in all cafes 380
Perfons to be appointed to fign the feveral denominations of faid bills ibid
They (hall take an oath, and be compenfated for their Services ibid
The land lying between the Alatamaha, Oakmulgee and St. Mary's Rivers, pledged for the re-
demption of the faid bills in four years ibid
-Time for redemption extended 382
Felony, without benefit of clergy, to counterfeit the bills fo emitted 381
Money due the ftate may be paid in faid bills ibid
Five thoufand pounds of faid bills burnt, and the fame fum to be burnt annually 382
paper medium no longer a tender ibid
PARISH
Of Chrift Church 151
St. Andrew ibid
St. David I52
St. George *5*
St. James ibid
St. John ibid
St. Mary 152
St. Matthew 151
St. Patrick I52
St. Paul 151
St. Philip ibid
St. Thomas ibid
PATROLS—See Slaves *52
PEDLARS,
Not to fell goods, &c. without licenfe, under penalty of five hundred'dollars
How to be recovered
PETERSBURG.
POOR,
Under the care of the inferior court, to be provided for by county tax.
POWUER RECEIVER—His fees
4Y
332
553> 554
224, 226
23?
INDEX*
Page
Health officer appointed for the port of
Limits of the corporation defined *
Number of aldermen increafed ^ ...J
Mayor and aldermen, their jurifdiftion in civil cafes 1 ia
Shall draw and empannel jurors ... 12*4°
Shall be a court of record, and governed by judiciary a£fc> 12 $
Electors of aldermen, their aAualifications w"*
Managers to prefide at elections, to be appointed by the mayor and aldermen 127
The jurifdiaion of the mayor and aldermen extended to one hundred dulbtr* 140
^SCRIVEN COUNTY
Laid out and defined 1 ^5
Court and jail td be in the center of the-county ... *74
Jackfonborough laid out, and made the feat of the public buildings 177
SEAL,
Great feal of Georgia to be made of filver; its de\ice 4J 3
The governor (hall contraa for the making of, jhjd
The old feal {hall be broken ^id
The new one fanaioned _ 4*4
Shall be affixed to grants figned* but not fealed, during the exigence of the bid XeaJ ibTd
SEAMEN AND MARINpRS,
Not to abfent themfelves from their veffels ibid
May be apprehended and committed to jail by j-uftices ibid
Expences attending fuch apprehenfion, &c. to be paid out of their wages 415
Not to be trulted over five pounds, nor harbored under penalty of forty (hillings per day, ibid
Nor to be furnifhed by tavern keepers with more than one (lulling and fixpence per day, nor be
entertained by them after nine o'clock at night ibid
Mailers, &c. of veffels to give certificates to feamen on completion of their contraas ibid
Two juftices may grant fuck certificates, if denied by mailers, &c. 416
Mailers, hiring feamen without fuch certificates, (halt forfeit ten pounds ibid
And ferrymen tranfporting them (hall forfeit five pounds ibid
Fines under this aa, how recovered and applied ibid
SERVANTS, NOT SLAVES,
Contraas, made with them in foreign countries, valid in this, 417
For further fervice, under what'reffri&ions to be made ibid
How to be clothed and fed ibid
May be transferred by affignment 418
Not to become chargeable on the public ibid
To be well clothed when difcharged from fervice ibid
SLAVES AND PATROLS,
Certain defcription of perfons declared to be (laves 426
May have guardians appointed to fue for their freedom, ffiid
Defendant mud produce the ward of the plaintiff 427
Slaves made fubjed to patrol laws * 419
Captains of militia to divide their companies into patrol divifiong ibid
Perfons liable to patrol duty 4^ 420
Captains, &c. (hall forfeit Jfive pounds for negledl of duty 419
Shall fet up copies of patrol divifions at public places 42©
Shall prick off, not exceeding ten perfons for patrols, every mufter ibid
May hire fubftitutes at ten (hillings per night • ibid
. . And recover the money of the defaulter, b*y warrant under his hand 421
Patrols in Savannah particularly regulated " ibid
Certain perfons'exempted therein *2If
Captains of patrols, how appointed, (hall forfeit twenty (hillings for refufing to* 421
May fine defaulters, not exceeding ten (hillings 422
Patrols to be armed, under penalty of ten (hillings, and be obedient to officers -ibid
Shall ride one night in fourteen* and correal Haves ' jkfd
INDEX-. 703
Pag£
Shall be liable to Forfeit five /billings for unreafonable abufe, and further penalties for
maiming and difmembering of flavea 42:2
Shall fearch for offeniive weapons 423, 425
Getting drunk* fhall forfeit five pounds 423
Sergeants may be fined forty (hillings for negledt of duty 422
Their fees for fervices under this adt ibid
Field officers (hall fuperintend the execution of this adt til, 423
Perfons fued, for executing this a£t, may plead the general iflue ibid
Evidence admiffible againft fuch offenders 436
penalty on. perfons felling beer, &c. to (laves 435"
On owners permitting (laves to work out without tickets 436
On perfons giving tickets without the confent of owners 427
On perfons beating (laves, in their matter's fervice ibid
On owners for concealment of (laves charged with a capital crime 432
On perfons for harboring run away (laves 435?
On perfons working (laves on the fabbath-day . 438
On perfons not keeping a white perfon on their plantations ibid
Slaves, not to carry fire arms 424> 432
Nightly diforders and riots of, how to be prevented and punched 425
May be killed if they refill being taken and examined _ 427
Meetings of, to be difperfed , 397* 42&
Three juftices and feven freeholders form a court for the trial of, 429
Who have difcretionary powers, in all cafes not capital jbid
Oath to be taken by the jury on the trial of, * ibid.
Evidence admiffible on the trial of (laves, and free negroes 43°» 43 r
Certain offences of, declared to be felony " * 43.°
Felony for them to poifon, or be acceffary thereto ^id
For one (lave to teach another to poifon 431
For (hiking a white perfoir fbraiie -fccond offence 433
Slaves to be rewarded who inform againft poifonerg 43°
Puni(hable for giving falfe information 431
Corporeal punilhment to be inflicted on (laves who adminifter medicine, &c, ibid
Slaves executed by law, not paid for by the public 442
Expences incurred in the trial of (laves, by whom to be paid ibid
Conftables to execute all fentences on Haves 432
Kun away (laves, to be fent to the workhoufe, or delivered to a conftabie 433
They (hall be fupplied by their owners ibid
Fees of conftables, and matter of the workhoufe , 434
Penalty for their negle£f of duty ibid
Twopence per mile allowed perfons carrying (laves to their owners or* the workhoufe ibid
JPerfons maimed in executing this aft, to be rewarded by the public 435
poods, 8ccl of negroes liable to be feized . 43^
To be reftored to the owner if ftolen v 437
Slaves to be whipped if found abroad without tickets or at home with arms ibid
Nor (hall they rent or leafe any houfe 43^
Men (laves exceeding feven (hall not travel on the highway without a white man "ibid
Felony to fteal or inveigle (laves ibid
Fines, &c. under this a£t how recovered and applied 439
Perfons fued for executing this adt may plead the general iflue *bid
Slaves not to be imported into this ftate 3°» 44°
Nor brought from other parts of the United States 44°
The murder of flaves puniftiable with death 443
Free negroes, &c. coming into this ftate, how to be treated 442
Endi&ments therefor to to be laid contrary to the Conftitution, &c* 443
Secretary of ftate, his fees 227
Secretaries of the executive department, how appointed 2 7
Tbeir fees Z29> 334
4 z
index;
page
SHERIFFS
Appointed by the people -
Shall give bond and fecurity, and take an oath 3 >
Shall not be eligible to the office more than two years out of four *9» 201
Shall not a& as attorney 30&
Sales by them to be on the firft Tuefday in every month 3°7
Shall be fubjea to attachment or aftion, for negled of duty 3°&
Their fees in civil and criminal cafes
STAGE CARRIAGES,
Exclufive right to run a ftage ten years from Augufta to Savannah, gnnted to Nathaniel Twin-
ing, Thomas Davies and Jofeph Grant 444
A& in favor of Thompfon and M'Call, repealed ibid
STATE FEES
On grants, may be paid in paper medium 227
On fuits at law 543
SUNBURY,
Commiffioners of the town of, appointed with power to choofe a clerk, and make Jaws- and re-
gulations for its government ^ ^ 228
To be chofen every third year, on the fecond Monday in January ibid
They may make afleffments for the ufe of the fajd.town ibid
They fhall be juftices of the peace, ex-pfficiQ ibid.
SPRINGFIELD
Town. ©f, laid out and declared to be the feat of the public buildings in the, county of Effingham iy 9
Commiffioners of, appointed with power to fell the court-houfp ha hhenezer ibid
SWEARING,
Tobepunifhedby fine of five fhillings, ifan officer, and two fhillings and fixpence, if a private perfon- 2y5
TAR, PITCH, TURPENTINE, &c.
Infpe&ion of, eftablifhed
. TAVERN LICENSES,
To be granted by the inferior courts, and tavern rates eftablifhed 44^
Except in corporate towns
Tavern keepers (hall give bond and fecurity
Penalty on perfons retailing without licenfe
Money arifing from tavern licenfes, fines, eftrays, &c. applied to build court-houfe, jail and bridges,
andto keep them in repair ■ * 44&
TAX,
Aa of 1783 ' 44T
°* '78* It*
c 1786 459
°C 1787 466
■ t1,88 47 $
>790 Tgo
of I791 AQ-
I79J fjy
of 1703 49^
of 1794
ial
of *796 d°3
°r 1197
of 1798 I1?
of >799 III
INDEX.
of 1799 for the fupport of government for 1800
of 1800 for the fupport of government for 1801
Page
53°
541
7U
TOBACCO,
jEnfpe&ion of, not to fell tobacco, unlefs what is raifed on their plantations under penalty of 50£,
and difmiffion from office; bow recovered and applied
Hot to be exported without infpe&ion at a public warehoufe
£olle&ors of cufloms, to adminifter an oath to mailers of veffels
Mailers, &c. of veffels lhall deliver of tobacco Ihipped, to the colleilor
Shall forfeit $Oo£. and zo£. per hoglhead for caufing any other perion to take the oath
Storage of 546,
Proprietors of warehoufes, to keep them in good repair
1 Shall provide weights and fcales
The judges of the inferior court, lhall examine the Hate of warehoufes
Shall regulate fcales and weights annually 55
Shall appoint infpeftors, at the warehoufes in the county
May difmifs infpedlors on complaint or continue them
Certain counties empowered to recommend infpettors
The governor lhall appoint, if the inferior court does not
How to be appointed in Richmond county
Jnfpedtors lhall give bond and fecurity and take an oath 547>
When, and how long they lhall attend as infpe&ors
Their duty
Tobacco notes ihall be printed; form thereof
4§ize and weight of hoglheads
; JSoglheads lhall be well hooped, coopered and branded
Infpe&ors lhall keep hands to How away tobacco
May employ them in coopering
Shall burn refufe tobacco penalty of fifty pounds'
Shall give receipts for transfer tobacco, form thereof
Shall receive no additional fees
Shall fuffer no fires near the warehoufe
Shall be adjudged felons for iffuing receipts for tobacco not received
Shall prize and deliver the transfer tobacco
- - And receive two Ihiltings per hoglhead for infpe&iort
Allowance to pickers—their oath %
Coopers1 fees—penalty for overcharging
544
545
ibid
ibid
ibid
557
551
546
551
555
546
ibid
553
547
ibid
55°
547
ibid
548
ibid
55*
548
556
548
549
ibid
ibid
ibid
550
ibid
552
ibid
His ftes
TREASURER*
TREASON
Hefined by the conftitution of the United States
TREATIES
'With the Cherokee and Creek Indians, at Augufta in 17 73
"With the Cherokees, at Augufta in 1783
With the Creeks, at Augufta in 1783
At Galphington in 1785
With the Cherokees, at Hopewell in 1785
"With tha Cho£laws, at Hopewell in 1786
With the Chickafaws, at Hopewell in .1786
With the Creeks, at Shoulderbone in 1786
' At New-York in 1790
With the Cherokees, at Holfton in 1791
At Philadelphia in 1794
With the Creeks, at Colerain in 1796
With his Britannic majefly in 1783
234
656, 657
60I
603
605
607
609
612
615
618
622
626
630
632
674
7ta INDEX.
Page
With the king of Spain in 1795' 67 3
UNIVERSITY OF GEORGIA
Truftees nominated j $60, $6$
Board of vifitors defined - ihid
The two boards united, ftyled " The Senatus Academicus'* 5^°
Incorporated 5^1
All public fchools, confidered as members of the univerfity 5^2
Forty thoufand acres of land granted to the truftees for its ufe - 333
The Senatus Academicus fhall meet annually at tfie univerfity - 561
Shall pafs all laws, &c. neceflary for its government ibid,
Shall appoint a prefiden£ of the univerfity ibid
And fuperintend the literature of the ftate $6z
The board of truftees fliall manage the property and funds, belonging to the univerfity 561
Shall fill Vacancies in their board, and appoint its officers ibid
Shall regulate the courfe of public ftudy, and fix falaries ibj d
Shall with the prefident, confer honors, degrees, &C. 562
And fliall recommend public meafures to the legiflature ibid
All the officers of the univerfity fliall be of the cfiriftian religion 561
Shall take the oath of allegiance, and oath of office ibid
Shall be, together with the ftudents, exempt from militia duty 562
Religious fentiment, to exclude no perfon from the advantage of education ibid
BETHESD A COLLEGE,
Or Orphan Houfe eftate, yelled in Selina, a countefs dowager of Huntingdon 564
After her death, veiled in thirteen truftees, who are declared to be a body corporate 566
Truftees nominated, who fhall account annually with the governor ibid
ACADEMY
Eftablilhed in Chatham county 564
All vacant land in faid county not exceeding 5000 acres, referved for its ufe ibid
Truftees nominated ibid
Shall receive 400^. from Zuberbuhler's eftate, in lieu of all claims the*eoi} 565
Eftablilhed in Sunbury, in the county of Liberty 5^6
Commiffioners appointed, and authorized to fell confifcated property 567
Shall give bond andfecurity to the governor ibid
Eftablilhed in Louifville, in the county of Jefferfon ibid
Commiffioners appointed, with power to fell certain lots ' ibid
May purchafe iooo^. worth of confifcated property 568
Shall eredl an academy ibid
And account yearly with the governor ibid
VAGABONDS.
What perfons fhall be deemed vagabonds 569
May be compelled to give bond and fecurity to labor, or committed to j ail ibid
May be bound out by the fuperior court, or whipped, or infilled ibid
Criminals fleeing from other ftates, adjudged vagabonds • 576
. VENDUES,
Vendue mailers at Savannah, Augufta, Sunbury, St. Mary's, &c. ^70, 572
Shall give bond and fecurity, and fliall account with the treafurer jyo
Penalty for failure therein 571
On other perfons, felling within two miles of thofe places ibid
Not hinder fales by executors, or adminiftrators " ibid
They fhall not fell out of their diftri&s—their compenfatiera ibid
Monies, how recovered from them ibid
INDEX.
4 Pa5e
Vendue mailers, may fee appointed by the corporation of Savannah. 572
By, in the inferior courts in other places ibid
WALDBURGER, BARTHOLOMEW AND JACOB.
The eftate of Bartholomew Zuberbuhler, veiled in them and their filler Henrietta Hofkins 565
WAREHOUSES,
For the reception of Tobacco, eftabliflied at Augufta, at Arrington's, at New-Savannah, at Hard-
wick, at the mouth of Ogechee, at Louifville, at George Town, at Galphington, at Lexington,
at the Rock Landing, at Mount Pelie, at Greeniborough, at the town of Wafhington, at the
mouth of Broad River, at Sweet Water iron-works, at Paces Ferry 546
At Savannah, at Sparta * 553
At Peteriburg 553, 554
At Lightwood Log Creek 555
At Cold Water > ^ ibid
At the mouth of Broad River, on Thomas Walton's land; in Richmond county, on the land of
Ezekiel Harris • 556
At the White Bluff on the Oconee River 55 7
On Reuben Eafton's land, in Elbert county; on James Hughes' land, in Lincoln county; at
- Darien, on John M'lntoih's land; at the Long Bluff, in Walhington county ibid
In'Elbert county, on Webb's land; on Wilhite's land 559
Jn Oglethorpe, on John Griffith's land ibid
WARREN COUNTY
Laid out and defined 166
Public buildings made permanent 175
WASHINGTON COUNTY
Laid out and defined 33°
Commiffioners of court-houfe and jail appointed 157
fpblic buildings to be at Sanderfville 170
WASHINGTON, TOWN OF
Laid out, and commiffioners appointed 13 3
And authorized to fell the town, common to fupport an academy 141*
WAYNESBOROUGH
Laid out in the county of Burke J34
WESTERN TERRITORY
Sale of, to certain companies, declared to -be unconftitutional and corrupt, and ordered to be
expunged from the public records, and burnt £78, 579
Other'documents relative thereto, expunged and burnt 581
The faid corrupt and unconftitutional adts, grants, &c. under it not admiffible as evidence to
e-ftablilh title to any part of faid territory 579
Money paid into the treafury on qpepunt thereof, not to be .confidered.as part of the public funds
of the ftate, nor entered on the treafurer's books * 25, 582
May be drawn out, by producing certain vouchers 579
May be drawn by agents or attornies, by taking an oath and producing certain papers
and vouchers 582
Attornies, executors, &c. need not take the oath refpe&ing papers 583
•Citizens' rights or treafury receipts entitle the holders to draw jfcid
The governor ffiall draw warrants on the treafurer in their favor 580, 58*2
5A
7*4 ' INDEX, p.ge
Abraham Baldwin, James Jones and Benjamin Taliaferro, empowered to fell part of the Well- ,
tern Territory to the United States, on certain conditions ^ 5°4
The fame perfons, with James Jackfon, empowered to fell certain parts of the faid territory to
the United States, on fuch conditions as ihall appear to them to be beneficial to both parties $*>&<
WHARFS, SHIPPING AND PILOTAGE.
Rates of wharfage 5^7"
VefTels lying in the port of Savannah, how to Be moored 59°
Harbor, mafters to fuperintend the fame ibid
Shall employ perfons to raife cables of veflels lying improperly ^ ibid
Shall infpeft wharfs, and decide difputes between mafters and wharfingers ibid
And prevent ballafts and rubbifh from being thrown into rivers, &c. ibid
Shall examine and regulate public landings, and be fworn 591
His fees ibid
Fines, &c. how recovered and applied' ibid
Perfons fued in the execution of this' aft, may plead'the general iflue ibid
Scales, weights and meafures to be regulated by the clerk of the market ibid
Perfons having falfe weights, &c. to. forfeit ten pounds 592
Wharfingers to be fwora ibid
Commiffioners of pilotage appointed for different porta ibid
Vacancies to be filled by the governor ibid
Shall appoint and licenfe pilots ? ibid
Shall decide difputes between pilots and captains of veflels 593
May remove pilots from office- 594
And fix the rates of' pilotage ibid
Pilots Ihall give bond and fecurity, and take an oath 593
Shall be anfwerable for damages happening through negleft or want of fkilli 594
To be recovered in courts of record, if under one hundred dollars ibid
Who bring a veffel1' in - Ihall conduft it out of port S9$
Shall moor the veffdsi ibid
May pilot to another port ibid
Mafters,. &c. of veflels,. refufing to take a pilot on board, /haH'pay the lifual rates <?£ pilotage 594.
Shall give fecurity for the outward rates 59 £
Perfons fued for the execution of this aft may plead the general iflue. ibid
Fines appropriated ibidl
Defined
WILKES COUNTY
WHITE BLUFF
Congregation empowered to- fell certain lands for its ufe €o, 6ti
WILLIAMSBURG,.
Town of, laid out in the county of Glynn- 14&
Commiffioners appointed for the town—.Their power and' duty ibid
WILLS-AND TESTAMENTS,
Tiniihment for detaining of 221
Shall be proven in the court of ordinary 219
„ „ WITNESSES
Free from arreft in civil cafes
394-
^ , WORKHOUSE
For the cuftody of negroes'
Commiflwnera appointed, with power to nominate a mafter thereof ibid
INDEX. ji
Page
His ftC3 jngy
He may employ negroes in TaiJ houfe, or whip or iron them ihid
He Ihall furnifh materials—profits thereof appropriated ibid
He fhallpunifli flavesas their mafters dire61 ibid
Fugitive flaves {hall be fent to their makers or to the workhoufe ibid
WRIGHTSBOROUGHj
Town and common of, afcertained' and confirmed 131
Commiffioners appointed, with power to fell 150 acre lots ' ibid
And leafe the common for five years ibid
The money arifing therefrom applied to fupport a feminary of learning ibid
1 They ihall lay a ftatement of receipts and expenditures before the grand jury ibid
Commiffioners to be ele&ed biennially, on the, feqond Monday in May ibid
WRIGHT, SIR JAMES,
JRis commiffion as governor of the itate of Georgia
E R R'-.A T A.
LOUISVILLE, iZtb FEBRUARY, 1803.
WE Certify that, itr compliance with an Executive ordei- of the %th ult. we have examined the Constitutions of 1 jtg, *795*"
W1798, "the Laws and farts of Laws, the Treaties at Augusta the 1st November 1783, 'at Galphinton the I zth November 1785/'
end at Shoulder bone the 3 d November 1786, and the Convention between South-Carolina and Georgia concluded at Beaufort the z%th ^
tf April, 1787, contained in the printed Digest of the Laws of Georgia as compiled by Horatio Mar bury and William H*.
Crawford, Esquires, with the manuscript from which the said Digest was printed, and with the originals now in the office of „
Secretary of the State—-And that we fnd the same correct excepting the Errata hereinafter noted—to wit-
ERRORS in the CONSTITUTIONS.
*9
iff. line-
2 2
after by, omit a.
insert, Jf. Cuyler, John London^
John M. Dasher, Effingham.
for Smith, read Stiih, for Prtcitl,
read Pruitt.
after thirteen, insert day* •
aftef under, Omit Me.
after his, insert just. 1
after have, omit the.
after passed, fOr in, read by.''
before Secretary, insert the.
after branch, for may, read shall
after delivering,.insert up.
for palbert; read Talbot. •
ERRORS IN THE "LAWS. '
I i 12 after may, for descent? jrcad de-
7 "2
scend.
9 after to, for any, read «•
—. ~ uio after upon, insert a.
— — 12 after as, omit the same..
35 6 ' 4 after or, insert bill, or if •
_ w 6 for revise, read reverse.
— — - 8 for revised, read reversed.
— " 7 ',2 after hereafter, insert to be, after
the, insert defendant or.
•— 9 " 3 after replevin, omit aflions.
37
10 12 * for hereby, read thereby.
page.
5l
line.
13 after who, insert may,
2 10 tor her, read their.
* 5 '4 for any, read a. *
— —- in the preamble, for wherefore,
read therefore. •
1 1 1 After representatives, omit of the
State of Georgia*
after real, for and, read "or. '
after which, insert suck, >*
after and, for en, read an. '
from top, after been, inseit so. '
after persons, omit so. '
.from top, for and read or. *
«fter some -,- insert person or. *•
for-' enabled, read ordained. *•
for orr read and.
after quiet, insert use and.
,after met; insert and by the'ttu-
thoiity of the same, after is,
insert hereby. '»
— 6 'after repair, insert for t he term of
3 4 after creek, insert on the road.
""'4 7 after twenty-Jive'-cents, tnsertf or
a chair and korse twelve and a
half cents. '
46 4 "3 for 27, read 22.
a t for Superior, read Inferior. '
- g after tenth, insert part. '
— r" 9 for inferior, read said.
&h 3 $ mstt andlwrsf, »
40" 1
4» —
~ 4
4a —
43
44' -
45'
53
54
fl
56
57
58
4
59
68
69
7°
74
76
77
.78
79
80 •
2 - 2 for on, read' of$
1 3 for hereafter, read hereinafter. '
—>' ' 6* from bottom, for ports, read
pari*..
2- 7 after sales, omit made.
3 2 after appointed, insert to be.
4 6 -after them, omit and.
7 5 > 'after altering the, for brand-, read
mark.
— - 9 after of omit any.
— - 18 - from top, after the, instrfsaid.
*—■ 23 from top, for upper, read Com-
mens.
25 from top, after house, insert of
assembly.
—_ fer upper, read commonjj for
lower, read upper: '
2 from top, for an, read a further,
■ ... 'it..- -for riower, read * commons, and
after upptfrhousc, insert of as-
stmbly.
2 3 after convifled, omit thereof. f«
"... '7 after conviflion, otn'wthereof. ,
8 after declared, omit to be.
t 13 After part, insert thereof
— 2 from bottom, after government,
insert in this state. 1
— • laft line, for duly, read duty.
■f.--' 37 . from top, after Parish of, insert
Saint.
4> 14 for as, read wan •
— 22 for and; read or.
— 27 after know, insert and described*
— 18 from lop, for time, read times.
— 29 from top, after his, insert her.
— *33 from top, for conditions, read"
consideration. ■
— 6 from-top, for settling', read sel-*-
ling.
— 6 in the preamble, after persons,
for and, read in.
3 1 tor be it, read it is hereby. '■
3 4 - after authorised, infert "and re*
quired*-* •
S *7 after all, insert or."' -
7 5 after are, insert and is. ' ♦
— 12 --after aflions, omit as. •*
8 " it after real, for and, read or.*
... 26 after happen, insert that.
'13- 1 after person, insert or persons.
x G after that, for the, read such*1
a 8 -after the, insert saidi
X G&i 7 -for first day of March, in the
year of our lord 1778, read
blank day of blank, in the year
of our Lord one thousand seven
hundred and seventy blank.
pfge. sec.
line.
*3
84
85
86
87
88
89
t
9*
9®"
97 21
8 tor twelfth day, read day.
9 Jor thereof Lead thereto* '
from top, for Daniel Mcintoshf <
read Daniel B. Mcintosh,
a-* 27 from top,after Carpenter, insert
of Colonel's Island. •
— 38 „ from top, for DanielRussel read
Datlid Russet.
1". - 3 ,'from top, for Edward Pitcher,
read Edward Pilcheri
8 6 "before just, insert other.
9»*» 1 for there/ore, read further.*
14 4 for furtker, read therefore.
I5r.s 3 tot furtker, read therefore,
x xa • for Ravolt, read Ravott, (and thr-
same through the law.)
4 7 after several, insert and respective.
6' io "for nineteenth, read twtnty-nintk.*
... 20 for and, read or.
93 8 *5 "after terms, omit of "•
i— g 8 before expiration, omit said.
" 12 ' for*sixty-nine, read eighty-nine,
§4 xz 9 for support, read supply.
95 ' 4 from top, before brought, for
hereby, fead already.
-i.. 6 from bottom, after that omit ino
96 i8 '2 for Ravolt, read Ravott.
... ... 10 for* denying, read dying.
after hereby, insert declared to be.
'■from top, after and; for the read,. -
his.
for commissioners,read commission.
after they, for and, read or.
from top, after confiscate, insert •
the estate.
for Alexander Spears, read
lexander I. Spears.
' l1 before afl, insert sfid.
* 3 for confiscation, read confiscating,
5 for Polhill Cormick, read Paul
McCormick.
8 from top, felr and, read or.
1 t fecond -6ft, for of, read with.
from bottom, lor punishment,
read banishment.
' 3 for tender, read vender.
6' for vender, read vend(e.
5 after wife, insert for the wife.
I 8 forformer, read form.
7 for impleaded, read impeaehed.
8 after renounce; insert give vp.
II for considered, read accounted.
'l after no, insert part '<f .
4 after of, insert the inhabitants of.
, 4- after aforesaid, insert to issue a
warrants
' 5 for or, read on. <
3 from top,after with.om\tgbcdand.
9 from top, for 8th, read i6ih.
9 after goods, insert under the kar.d
and seals of the said iommi «
fionerr, or a majority of hem
10a
104
107
3
errata.
At.
1
4*m
9
6
/
J34
11
13S
5
137
1
138
...
139
5
140
...
- J42
' X
.148
4
*5*
3
155
X
*57
3
138
3
161
1
166
1
...»
2
6
J 69 —
J 74 ...
—- 3
... 4
2 75
176
?7S
18 s
*7
lint.
19 omit hurts and, and after »'»,
inset the iaid tuwn of.
g after erelhng, insert public.
j after commissioners, inset t or
trustees.
7 after ncces\vry, insert public.
g aftei heightened, insert cm account
■if'
9 after of, insert ereSfitig and.
4 after and, insert town.
13 from 'op, after successors, omit
in office.
g after -miles, omit leading.
1 for when, read where,
g for John Miltedgs, read James
btilledge.
3 for Napier, read Stevens.
3 after Friday,' insert in January.
3 after Court-house, insert and jail
in the said county,
4 after inr insert the county of -,
,8 for si, read 1st.
6 for Mauhrty, read Moubrey.
9 after line, for on, read to,
z after to, omit the mouth of.
9 for a tax, read a sum.
,3 from bottom, after Sunbury, for
line, read road.
3 fro n top, after use, insert and
benefit.
v5 for think, read deem.
2 after to, imert establish and.
9 from bottom, for Vhooficei read
Ohoopie,
9 for 27th. read gfh.
4 for Parker's, read Park's
k3 for ctpentes, read charges.
5 after being, insert thereof.
-»- 6 June, 1777, for 155 3, read
*55 2- f .
22 August, 1777, foe 181 9,
read i8i 3.
22 January* 177#, *°r 32& 3>
read 328 9-
1 February, *773* f°r 34° 1»
read 348 f
ij and 15 Mircb, 1*78, for
3» 4J3 3» '*ad 431 2'
43J ,
191,127,1778, for 529 3, read,
5"9 8.
31 May, 1778, for 528 6, read
5.8 9.
4 July> 1778, for 526 1, read
527 *•
24 December, 4 778, for 765 6,
read 765 5.
26 Decembtt, 1778, for 777 7,
read 773 7.
it Januny, 1779, f«r *t97>
read 1698.
22 Jauuary, 1779, for 1809 »,
rt ad iP?9 4.
IS Fcbuniy, 1779, for 2099,
read 8879,
3» April, 1779, for 2,
rcad 25C8 2. a
«5 Jane, i77p, f0r 2g39 6
Tead 2090 6.
€ 0/Wr; 1779, for4102 e,
Tertd4i3a 3. a
*0
108
line,
5
3
€
*94
4
3
196
3
6
1
6
197
11
19
198
*
7
*99
X
5
205
2
16
208
I
6
2
8
210
11
1
13
•4
217
Jc22
218
X
6
220
2
2
£21
2
9
222
6
io
8
4
224
13
4
15
4
226
4
5
227
xo
234
236
242
1«ad 11 60 a.
24 April, 1789, fyr *511 6,rc
for selling, read settling, #'
msrrt wctt/f yr.
aftif first day of, for Janua
read June.
ai Ftfbtuarr, 1779, for 1019
read 1015 5-
SO February, 1779, for 1066
read 1069 j
3 Maroh, 1779* for u6i
rfad *162 5'
£0 March, *779> ^ '229
read 1229 t.
*5 March, *779> for *256
read 12^,6 9
S3 June, 1779, iori4»i g, res
1481 3.
20 Sept. 1779, tor 20082, res
2008 9.
it iSepiember,i779, for20©8
•BOW 8 2.
16 Sept. 1779, for 2004 8, res
®«<>4 3.
18 Sept 1779, or 2062, res
eotz 8
19 Sept. 1779, for 2o0a 2, rea
2C©2
sa Sept 17/9, for 1999 3, read
*999 ?•
26 Sept. 1779, for 1996 4, tead
1996 4, read 1996 6,
28 Sept 1779, for 1995 4, read
1995 »•
24 December, 1779, fof 32^7 2,
read 3237 2.
for county, read counties•
for hereafter, read heretofore.
foe commenced, read committed.
after ar s/j omit no
from. iop, after t??Ver, for or,
read
from top, for Gratiece, read
tese.
for 1796, read 1797.
for contrail, read constraint.
from top, for 1796, read 1798.
16 for preserved, read specified.
for the, read their.
aftei" marks, insert brandsf
after clerk, instrt of the said, court.
after forfeit, inseri and pay
lrom top, for distribution, read
distributive*
for thereof, read tkefefor.
after such, insert court of
for clause, read CauSe.
for of, read or.
for to, rc*nd of.
for interested, read intrusted,
for for, tead of.
after orphan, insert it shall be the
duty of suck court forthwith to
bind out Ike said orphan.
ftem bottom, after transmitting,
insert the same.
3 from bottom, after countries,
insert or states, after ban-
ished, insert Jiom the same.'
7 before justice, insert said,
x fax being then, read bring them.
fage.
sec.
line.
!, 247
3
d 25®
. 3
*6
*
30
JB{I
7
is
'» 255
1
SB
263
a
4
H 8
*66
XX
»
»3
>4
4
>
5
3
269
5
6
» 273
11
4
2 7 5
47
4
1 a?6
2
1 278
e
280
35
£
1 283
49
«
294
7
e
1 297
17
19
298
18
17
300
" 2
e3
3®9
1
X
X
8
310
X
35
3*4
«
8
3r5
1
?
i6
*8
316
X
7
318
X
8
3i9
3
2
3=2
82
2
333
1
2®
325
7
7
326
xo
8
It
4
327
XI
I2r
32!
*3
*9
329
5
3
331
4
3
33 2
5
334
*7
5
335
2
5
s
iz
33^
3
5
5
10
4
3371
6
339
1
■8 ;
J41
I
3
7
342
1 12
2
3
343
4
X
9
344
X
6
34S
from bottom, for 1^6, reii
1766.
after which, insert aflion or.
and, strike out delivered ft
looser, and insert received,
tfence, for or, road en,
house, insert yard
for soldier, read private.
alter to, insert receive.
from top, after his, insert her.
top,after sixteen.insertyears.
after larger, insert or greater,
for county, rend country.
12, read. 22
after party, tor and, reader,
for cause, read case.
from top, after constable, insert
and it shall be the duty.
top, for or, read and.
after for, Tnsert the purpose and
proojf thereof the judge before
whom suck notice is given for.
after superior, insert or inferior.
for fratlicei, read justices:
credit, read audit
assigned, read assignable.
from top, after cotts, omit are.
that, insert the.
after may, insert hereafter,
of, for his, read the.
for, om'wfrom or under
them shall be null and void,
and the lands so held or
claimed to be.
connive, 'nsert at.
lands, insert or tenements.
for contained, rcad concerned.
applying, read apply t „
from top,, for t/.e parties, read
they will.
after applyingx insert for,
for regulating,itsd regranting.
for necessary, read unnecessary.
after ad, ice, omit and consent,
•right, insert for.
land, omit not,
for when, read where.
after or, insert on.
from top, after shall, insert so.
grant, insert fori
after any, insert surveyor or o'her,
father, insert or husband.
for one, read an.
from top, after lines, insert as.
before whatsoever, insert or delay,
after on, omit the.
disposed, insert of.
person, ipsert or percent.
from top, for by, tead jor
before three, insert and appoint.
from top, for river, rcad tescrve
after examined, for on, read in.
presence, insert of any two or
•more,
I 'tid, insert intended,
any, inseif such,
of insert any,
person, insert orfe'sons,
law, inscit in otses
state, insert-0/"thelight-kouse
on Tybet Island, and of the
property and jurisdiction
of this state
from top, after shillings, iascjr
and six pence*
errata,
K'
347
343
m
35a
a:4
3J6
V9
>
369
370
374
376
378
379
381
38a
383
3*4
389
iP
394
395
395
337
•399
1409
-4»4
•415
4*7
•4"
488
4*7
433
431
433
438
439
440
44«
445
448
449
450
4f*
45*
«■*
■453
see fitte,
1 8 after ma h, for and, read or.
3 10 before December, insert 8th
5 J 3 afier end, insert the names, of,
it> 4 for service, read senilisfe
*3 5 after out, injeit by this a,1.
29 12 genera^ insert far the second
brig ad i»e fore also, ittteit s&alli
33 10 fir 34, read 14*
1 3 41 4 for commanders, read commands,
b 3 after from, for any, read an old»
1 for of bruffs, read or bluffs
i5 from top, for this, read the said.
2 11 for ab.ained, read detained, after
dam, iuj.rt or.
i 8 for such, road said.
1 ii & it for received, read revived,
it 3 after this, insert act.
% 3 after on, insert all.
3 6 for recovered, read received.
1 after ofRc", for of, read or.
» a after been, insert had or,
6 3 after Bills, For or, read of.
8 1 far and, rtad or.
1 is for proportioned,read appropriated
I 5 after i edlar, inhere as aforesaid,
24 frowt< , for property read lots,
1 3 after Batd, insert his wife.
g from top, after money, omit to
enable aim to recover from the
creditors of the said copartner-
ship certain sums of money.
23 fiom top, for 1789 rend 1787.
* 1 from top, before last insert were.
8 from top, for 1796 read 1797.
1 3 after trail, insert or parcel, after
'acres, iofertsituate
1 iij after person, omit or fcrsonsx,
1 4 for port read part.
1* after lines insert to return$
18 3 after before, insert suck.
4 from top,for clearing,m&eUansing
, 5 from top, after custom, insert or
< usage.
*4 g for i7, read 14th.
» 10 for appointed, read apportioned.
■4 from bottom, after are insert
neUr.
8 5 after property, for in, read of.
1 5 after'good, omk order*
7 from top, for seperate, read se-
veral.
8 1 For of the same, read aforesaid.
85 from top, after as insert an,
3 3 for of, read from.
19 from top, after exceeding, insert
the sum of
3 from top, for if, read is.
13 9 befoie suffer, insert shall,
2 from top, after before, insert
a ham.
«4 20 befott custody, omit their.
39 1 for redd, road write.
44 4 btfore nonsuit, omit*.
50 4 for therein, read herein.
a 7 after and, f rtr in, read on.
5 front top, fcr i*,rrad 2«d.
7 19 for amnion, read common:
8 4 for Sundy, read Lundy.
10 14 after delivered, insert in,
13 5 before government, insert the.
14 10 formes# read twamf.
1 for by such, read from such.
17 5 after his, infert her.
% from top, after from infert those.
18 ft before government, infert the.
x 6 after person, it set tar.
28 from top, insert all good oak and
Ihuhoryjand, (including islands)
f-ipJgt. see. line
454
456
457 it
45S
463 * 6
464
4«5
469
If
470
475
474
473
474
475
476
484
487
489
498
495
499
500
502
-505
5^9
5^3
5*9
5«£>
5*3
5*4
526
53^
537
549
543
547
7
ti
12
4
4
x»
2
-3
12
26
4
*0
t*
6
4
1
4
cultivated and uncu'tivated~from,
the mouth of Tuga'oo river, to
the Said marked Hne*. of she, Jixsl
tfuzrity, at t f^d, ditto of the td
quality, sfid, ditto of the 3 d
quality, ojl^d.
37 from the top, for 13^3d, read
tfidi
5 from bottom, Ogechee, read
OcOnee.
Tail. after called, insert second.
is "and, insert the sum of.
3 after ib insert shall and.
g after receiver, insert as the value
and respective classes of the
same, provided it shall appear
'-to the receiver*.
4 after for, insert every.
2 for and, read of.
7 after Trustees, insert and that such
altornus or trustees.
5 -for any, read the.
2' after own, insert right.
1 afterforfeit, insert twice.
8 after and, insert place.
9 from top, for no payment, read
nonpayment,
for and return, read a return.
for property in each, reaa property
in such.
from top, after every, omit such,
after persons, insert hereby.
after time, insert before.
after who, insert have or.
after return, insest a list.
from bottom, after river, insert
of the utquatity.
from bottom, after uncultivated,
insert including.
after law, for and, read or.
■ distrift, insert of the time,
also, insert all.
•a£l, insert or.
for 29, read 23d.
from top, for suck, read each, *
after attornies, insert executoi or
executors, administrator 0* dd*
'ministrators for, in the county or
counties wherein such attorney.
from top, after thing,insert ket ein,
for at, read of.
this, read that,
sail, read sale.
from top, before suck, omit any.
, for demanded, read de-
naandei, for owing,read owning.
from top,after against, insert hint.
for concluding, read conducing.
after be insert made.
from top, after within, insert
his iistnSt.
after any insert-otherf
authorised, insefct and ri-
'quired.
from top, after all, insert such,
after transmitted, for to, read by.
before be, insert wkcrcrf.
after colledors inset V who are now.
before slaves, -insert other,
from top, before Appalachee, in-
sert Oconee and,
after land, inserter other property.
for defaulters, read insolvents.
after manner, insert herein,
fron* top, after law, M and,
read or,
from top, for their read ether.
for direction, xciA> election.
"gt.
547
555
-Sfb
560
fi6t
56#
563
564
565
566
569.
573
574
57 5
576
577
578
see. line.
16 for time rrtd urm
x for county, reirt town.
1 5 after emoluments, in crt therecf.
12 from top, for sketch, read st'tich*
it from top, after J tu 4 uifensvh.
28 from top, after particularly, iw*.
sert by the legislature.
2 2 after the, i ifert two
4 2 after on, insert w hick,
it 2 after all, insert suih.
1 2 after board, insert of Truflees.
in the title of the ad aft, for as-
certain, read* a certain.
4 from top, for ninety-nine, reed.
eighty-nine.
g from top, after poffeffed, insert of.
2 3 for inspection, read direction.
5 after and, in fa t for
*4 from top, after property, inftit
sufficient.
7 from top, for have, rend leave,
t J6 for in, read or.
12 for expi essivc, read exp ressti.
8 from top, after for, infert and~
j from top, for as, read or.
16 or, read asi
ig , after Mr insert members
of Ike ^
after which insert must hard
3 from bottom, for regugnant, rtad
repugnan*.
2 from bottom, for regugnonl, read
repugn a\t
16 from top, For cannot,re»d could no,,
13 occasion, read aces-
sion.
30 from top, before no, omit tie \
3 from bottom, for and, read 0,/4
10 from top, for the read thi.
579
580
584
59*
593
994
698
605
607
66a
66*
6S4
664
665
5 4
y For meeting, rtad erf
iting.
from top, for are, read were
, before S«Mfr,insei t tP
after preemption, insert rig,a.
before Indian omit right. I
from top, for direeled, read dJ
raa. 7
before1 Senate, inser# ho foe v
after or, omit house of.
after preemption, inser# >e.
for cause, read case,
fox and, read all.
fob assent, read assert.
after* inward infert to.
after incident omit of.
p/ter board, infert suck.
after slaves,ioFctt and,
fo^ thirteentn* read thirtieth.
Errors iij tAe Treaties and Convention at
Beaufort.
after the, infert tcp of the.
from top, fot in, read on.
from top, after bcun j f
and, after the, nj itj
from top, after pen, n , p
from top, foi"south, lea, north
9 frodtop, aftc sn.i, m rt |
/8&/g from top, for the rur.^t,
read a line to run■
25 frortyap,after Alatam% a, onkf
/O fot another, r«au #4 a. her.
2 forte W, read or.
% from bottom, for Intended
indented
J. MERIWE^V
EDWIN" MOV
GEO. R, '
13
2
10
3/
*0
4
6
20
27*