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'++ + … ſ.: ， , , !+ '~~';* |-1: *-|-|-·„， , , , ， ，|- ·• • * → …|-*** 1.‘ “ ’ .·| *** ！ ）-*** • • • •';‘ “ ... ！, '\'\' ： '}，+.',|}|- Iransportation Library K G 35 A H | 3 $ 97% /, £ 420 * ... rºe -º-º: sº 27 & # !tt, ſº ºr oxic ſº tº e.g. ) 2. /* A DIGEST OF THE LAWS OF THE STATE OF GEORGIA, A * D I G E S T "Y OF THE £a tug of tiſt Sétatt of Gºtot gia: CONTAINING: ALL STATUTES, AND THE SUBSTANCE OF ALL RESOLUTIONS OF A GENERAL AND PUBLIC NATURE, AND NOW IN FORCE, WHICH HAVE BEEN PASSED IN SAID STATE FROM THE YEAR. 1820 TO THE YEAR 1829 INCLUSIVE: *> WITH 0CCASIONAL EXPLANATORY NOTES AND CONNECTING REFERENCEs, AND A LIST OF THE STATUTES REPEALED OR OBSOLETE. TO WIBIICH IS ADDIED AN APPENDIX, CONTAINING: THE CONSTITUTION OF THE STATE OF GEORGIA, AS AMENDED ; ALso REFERENCEs To SUCH LoCAI, ACTS AS RELATE To Towns, counties, INTERNAL NAVIGATION, COUNTY ACADEMIES, ETC. AND A collectION OF THE Most APPROVED FORMS USED IN CARRYING THE ABOVE LAWS INTO EFFECT. WITH A COPIOUS INDEX TO THE WHOLE. BY ARTHUR FOSTER. 3}jiiałſcipjía : TOWAR, J. & D. M. HOGAN–PITTSBURGH, HOGAN & Co. C. SHERMAN & CO. PRINTERS. ſº e º 'º dº º ºs e 1831. i ; District of Georgia, to wit: BE IT REMEMBERED, that on the twenty-eighth day of June in the fifty-fourth year of the Independence of the United States of America, A. D. 1830, ARTHUR FostER, of the said district hath deposited in this office the title of a book, the right whereof he claims as proprietor, in the words following to wit: “A Digest of the Laws of the State of Georgia: containing all Statutes, and the substance of all resolutions, of a general and public Nature, and now in force, which have been passed in said State from the year 1820, to the year 1829 inclu- sive: with occasional explanatory Notes, and connecting Iteferences, and a list of the Statutes repealed or obsolete. To which is added an Appendix, containing the Constitution of the State of Georgia, as amended, also references to such Lo- cal Acts, as relate to Towns, Counties, Internal Navigation, County Academies, etc. and a collection of the most approved Forms used in carrying the above Laws into effect. With a copious Index to the whole.” In conformity to the act of Congress of the United States, entitled “An Act for the encouragement of learning by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned, and also to an act, entitled “An Act supplementary to an act for the encourage- ment of learning by securing the copies of maps, charts and books to the authors and proprietors of such copies during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.” GEORGE GLEN, Clerk, Georgia District. : : : i ; r - -z - , ºr a, ". Jºha . x K ºf . RECOMMENDATIONS OF THIS DIGEST. “I have examined ‘A Digest of the Laws of Georgia, from 1820 to 1829, inclusive, by A. Foster, Esq.” and think the work executed with judgment and accuracy. The work is intended as a continu- ation of Prince's Digest, and is in my opinion, well calculated to answer that valuable purpose. Although the author is not profes- sionally a lawyer, he seems, in ascertaining the statutes now of force, to have added much care, examination, and study to his ad- vantages as a practical legislator, during most of the period em- braced in his work. JOHN P. KING.” Augusta, July 20th, 1830. “I have attentively examined a Digest of the Laws of Georgia, from 1820 to 1829, inclusive ; and from the examination, feel au- thorized in stating, that the work is executed with much judgment and accuracy, by A. Foster, Esq. of Columbia county. I have no doubt the work will prove valuable to every citizen who feels desirous to become informed of the statutes now of force in the State, and would recommend all Justices of the Inferior Court, Justices of the peace, Clerks, Sheriffs, &c. to possess themselves of the work as soon as published. THOMAS GLASCOCK.” Augusta, July 28th, 1830. Wrightsborough, 5th June, 1830. Sir, As far as I have yet had an opportunity of examining the manuscript copy of your “Digest of the Laws of the State of Georgia,” I highly approve both of its execution and its plan. The volume cannot fail to answer well the purpose for which it was designed. In the appendix there are a number of precedents or forms which appear to have been modelled with accuracy, and in strict conformity to the digested statutes from which they were vi RECOMMENDATIONS. drawn; and without doubt will add much to the value and use- fulness of the work as a mean, (in the hands of Justices of the Peace, Justices of the Inferior Courts, Clerks, Sheriffs, young prac- titioners of the law, and others,) “in carrying the above laws into effect,” with greater facility. PIERSON PETTIT. ARTHUR FostFR, Esq. “I have examined a Digest of the Laws of Georgia, from 1820 to 1829, both inclusive, by Arthur Foster, Esq. and think the work well executed, and deserving the patronage of the people of Georgia. It will be very useful to every gentleman of the profession of the law, and to all public officers. WILLIAM SCHLEY. Augusta, 25th March, 1831. PIREIFA C E • IN offering this work to the public, it may not be improper to observe, that the legislature of Georgia, are in the constant prac- tice of repealing, altering, or amending laws passed at their pre- vious sessions; so that, without such a Digest, or compilation of them, as is now respectfully offered, it actually requires a lawyer, or a person who has devoted much time to the examination and comparison of the different enactments of each succeeding session of the legislature, to be acquainted with all the laws which are of ſorce. And having witnessed with much pleasure, the immense public utility and popularity of the Digest compiled by Oliver H. Prince, Esq. and also having no doubt but a similar compendium of the laws from the time of that publication down to the present, with the addition of the precedents or forms, which are placed in the appendix, and which no doubt will add greatly to the public usefulness and utility of the work, and to the furtherance of jus- tice, would be very useful and acceptable to the public, the com- piler has ventured upon the arduous and important undertaking. However, not relying on his own judgment, or the experience de- rived from having been a member of the legislature during the pas- sage of most of the laws which are now published, and at the ad- ministration of them for eight years, as a Justice of the Inferior Court, in a county where much business of an intricate nature is transacted in that Court, and the Court of Ordinary; after com- pleting the work, it was placed in the hands of four gentlemen, eminently learned in the law, who, after a strict and careful ex- amination, had the politeness to tender the foregoing certificates of approbation. viii PREFACE. At the suggestion of the professional gentlemen whose names are affixed to the foregoing certificates, and others who have ge- nerously taken an interest in the work, and with an anxious desire to make the work as extensively beneficial as possible to the pub- lic, the compiler has introduced into it, several highly important laws of the United States, in common use among the people, and which are often difficult to be found, such as the laws in relation to the naturalization of aliens, the removal of cases from the State to the United States Courts, the mode of voting for President and Vice President of the United States by electors, and of making the returns, and the time of holding such elections, &c. The great public utility of such a work must be obvious to all ; and the compiler, who has devoted to it much time and laborious study, flatters himself that the testimonials which have been pre- sented, will fully satisfy the public that that utility has not been lessened in an important degree, by any defect on his part in its general design, or the accuracy of its execution. But to say that there are no errors, would almost amount to the denial of the fal- libility of man. Conscious, however, of the best intentions, he ventures to say, that on a practical use of the work, they will be found to be few, and of an unimportant nature, and it is therefore hoped they will be pardoned by the indulgent eye of a generous public. It is of the utmost importance, in a representative government, that the people should be possessed of the mode which would af- ford the greatest facility and ease of becoming acquainted with those laws and regulations “by which their duties are defined, and their rights secured.” To promote this desirable object as far as was in his power, has been done by the compiler. That it may answer the ends proposed, and advance the public good, is his ardent wish. Columbia County, 26th March, 1831. LIST OF TITLES. Acadamies and Free Schools, - tºº tº º 1 Attachments, º tº tº sº tº tº 11 Attorneys and Solicitors General, sº {º sº 15 Attorneys at Law, * º º tº gº 17 Banks, tºº tºº º º tº ſº 18 County Records, - wº * G tºº mºſt 62 County Officers, gº gº º tº º 66 County Treasurers, * sº tº º tºº 74 Courts, Inferior, tº-e sº ſº gº sº 75 Superior and Inferior, tº dº tº º 78 City, Savannah, sº * tºº g 80 tºmºmº Augusta, - gº º $º º 80 Land Courts, - wº gº sº wº 87 Time of holding, sº sº cº - 187 Coroner’s Inquests, - sº tº sº tº 87 Debtors, - tº tº &e tº e wº wº 91 Dower, ſº wº * gº sº mus 96 Elections and Representatives, - tº tºº tºº 99 Estrays, º wº º tº ſº º t- > 104 Executors And administrators, - * mºe - 104 Fees and Salaries, - tº tº wº tº º 119 Grants, - tºº ſº tºº gº ºn gº - 122 Indians, º * ſº tº tº ſº 124 Internal Navigation, ſº tºº tºº º - 129 Judiciary, tºº gº sº tº gº º 151 Justices of the Peace, sº fº - - - 192 Land Lottery Acts, – * º * tºº 194 Head Rights and Bounty Warrants, tº - 257 Militia, tºº tº wº ſº tº sº 259 Partition, - * sº tº º wº - 270 Patrols, * tº a º tº tºº tº º 271 Pedlars, - tº tº- wº tº tº - 272 Penal Laws, - * tº e tº ºr º fº- 275 Penitentiary, iº sº tºº sº gº – 281 Physicians, - sº º tºº gº * 287 Rent, gº tº º iº gº * 293 X LIST OF TITLES. Roads, Bridges and Ferries, - º Roads and Rivers, {-, º Sheriffs, - *- º º Slaves and Free persons of Colour, State Boundary, º e- sº State House Officers, * = tº- Statutes, English, º º º Tax, º º º º University, - - - - Usury, - & ºn iº sº LAWS OF THE UNITED STATES. Aliens, - º º tººl President and Vice President, º Judiciary, º sº i- Militia, º º º º APPENDIX. Constitution of Georgia, as amended, - Repealed Acts, - gº - Academies, - •º wº - Churches, - - º ſº T)ivorces, º -> - tº-e Election Districts, tº º Organization and Division of Counties, &c. Towns, - º - - Forms, ſº tº wº º Index, g- tº- t- º- 294 297 304 309 323 323 327 327 339 342 343 349 352 359 361 378 380 387 389 389 391 397 400 427 DIGEST OF THE LAWS OF THE STATE OF GEORGIA. ACADEMIES AND FREE SCHOOLS. An Act to alter and amend an Act entitled an Act to point out the mode under which property reverting to this State shall be disposed of, and for the promotion of Literature, and for the encouragement of the County Academies.—Passed 21st De- cember, 1820. P. 68. 1. Sec. T. Be it enacted, &c. That all such funds as now Money aris. ing from con- are or hereafter may come into the possession of this State, or ºre- verted pro- that now are, or may hereafter become due to the same, on ac- pººl ºr º * lands, and count of confiscated or reverted property, or the sales thereof, ºne and for forfeited lands, and all such funds as may accrue to the . ** State, under the several escheat laws thereof—provided, such jº. ** county acade- escheated property has not heretofore been set apart to other . special purposes by law—be, and the same is hereby set apart as a fund for the promotion of literature and the advancement of the county academies, in the manner hereinafter pointed out. 2. Sec. II. The fund herein contemplated and set apart for Hydistribe literary purposes, shall be distributed among the several county academies in this State, in such proportions as appears to be still due, as contemplated by the act of 1792. 3. Sec. III. Whatever sum may hereafter be received by Manner of g tº distribution any county academy, from the fund contemplated in this act, tº: the act of shall be considered upon the same footing as if the same had iº. been received out of the fund contemplated by the act of 1792. 4. Sec. IV. Whenever there is but one academy incorpo- whenbutone incorporat- rated in any county, that shall be considered the county aca-edagºy demy, and entitled to the benefits contemplated by this act; ; and when there shall be more than one academy in a county, ºdone. and neither shall have been designated as the county academy, I 2 ACADEMIES AND FREE SCHOOLS.–1820, 1821. that which shall be situated at, or nearest to the court-house, shall be considered as the county academy. An Act to Eacempt from Taa’ation the Real Estate belonging to the Academies of this State.—Passed 18th December, 1820. P. 59. j 5. Sec. V. From and immediately after the passing of this ... act, all the real estate belonging to, or attached to the different exempt from * academies of this State, shall be exempt from taxation, toge- ther with all such academies as may hereafter be established: any law, usage, or custom to the contrary notwithstanding.” An Act for the permanent endowment of County Academies, to increase the funds heretofore set apart for the encouragement and support of Free Schools, and for the internal improvement of the State.—Passed 21st December, 1821. P. 113. ive hundred º É. 6. Sec. I. Be it enacted, &c. That the sum of five hundred I t t * * ... ..."; thousand dollars be, and the same is hereby set apart, the one free schools h #. alf-for the support and encouragement of free schools, and OT COUIIl- tº academies, the other half for the permanent endowment of county acade- ... mies; and the further sum of five hundred thousand dollars be, sand dollars º; and the same is hereby set apart for the internal improvement :... of the State. £º 7. Sec. II. The said sum of five hundred thousand dollars, - to be denomi- ... first above named, shall be denominated the school fund, and ... shall be composed of two hundred thousand dollars of the stock of the Bank of Darien, two hundred thousand dollars of the stock of the State Bank, and one hundred thousand dollars of .* the Bank of Augusta. The fund to be denominated the inter- mominated the internal #. nal improvement fund, shall be composed of the one hundred ... thousand dollars heretofore vested in the stock of the Steam- ** boat Company, one hundred and twenty-five thousand dollars in stock of the Bank of Darien, two hundred thousand dollars in stock of the State Bank, and seventy-five thousand dollars in stock of the Planters' Bank. * The fund of two hundred and fifty thousand dollars set apart by a former Legislature as a free school fund, and the interest yielded thereon, or that may be yielded thereon from time to time—together with the lots of land Nos. 10 and 100, set apart by an act of the Legislature of 1818, for the education of poor children, shall not, under any authority or pretence whatever, be ap- plied to any other object than that of free schools, in such mode and manner as may hereafter be prescribed by the Legislature.-Resolution of 1820. P.124. ACADEMIES AND FREE SCHOOLS.–1822. 3 8. Sec. III. The principal sums set apart as aforesaid, shall ..." to be used, at no time, or for any purpose, be appropriated or used; but ...i the interest arising thereon shall be applied to the purposes ...;" herein before mentioned, as the Legislature may from time to “ direct. 9. Sec. TV. It shall be the duty of the treasurer, comptroller- general, trustees or commissioners of county academies, and the inferior courts of the several counties within this State, together with the senators of said counties, to examine and make full and accurate report to the next Legislature, of the amount received by said counties respectively in confiscated property or other endowments; and when such returns are made, and information obtained, the dividends yielded by the one half of the school fund aforesaid, shall be apportioned and paid semi- annually to the several counties, as a future Legislature may direct. Sec. V. [Repealed by subsequent acts.] 10. Sec. VI. Nothing in this act contained, shall be so con- i. alter or re- strued as to prevent any General Assembly from altering or .art º ſº of this act. repealing this act, or any part thereof. & Act to dispose of and distribute the Bank Dividends and other met proceeds of the Poor School Fund among the different Counties of this State.—Passed 23d December, 1822. P. 4. [First, and a part of the second section, repealed or super- seded by the act of 1828. P. 3..] 11. Sec. II. No child shall be returned by said justices ... turned who pays a tax of whose parents or estate pay a tax exceeding fifty cents over gº. and above their poll tax. ºve poll Sec. III. [Superseded by act.] No child to 12. Sec. TV. No child shall be sent to school and paid for *::::: out of said fund, where such child has been taught reading, sº writing, and the usual rules of arithmetic. ;" Sec. V. [Repealed.] 13. Sec. VI. No child shall be sent to school under the age ..." of eight years, or exceeding eighteen years; and no child shall ..., be sent to school at public expense more than three years. *** Sec. VII. [Temporary.] 4. ACADEMIES AND FREE SCHOOLS.—1822. An Act to distribute certain Funds among-the several Counties in this State, for the use of Academies, and to provide a method of obtaining further information concerning endowments here- tofore granted.—This act passed 23d December, 1822. P. 6. 14. Sec. I. Be it enacted, &c. That the dividends which have been declared upon the bank stock heretofore set apart for the endowment of county academies, and also moneys now in the treasury which have arisen under the several laws of this State upon the subject of escheats and of confiscated reverted property, be, and the same are hereby directed to be divided among the several counties of this State, in the following man- #..." ner, to wit: That each county shall have an equal part of the bution of #... sum to be distributed, until each shall have received $2000, funds must .* including the amount already received in cash or of confiscated property, calculating the confiscated property at the rate of one-eighth of the amount given for the same; after which, each county shall have a distributive share of the funds arising, in proportion to the representation of each county. Y. 15. Sec. II. In counties where there are more than one than one aca- demy in one ... incorporated academy, the application shall be by the trustees, applied for tº tº º tº º © tº .#.” commissioners, and superintendents, jointly, who shall divide bursed. -> - the amount received in such manner as shall be reasonable and just, having regard to population and the usual number of scholars educated in said academies. "...” 16. Sec. 11ſ. In counties where there are no academies, is mo acade- i... and in which the census may have been taken as aforesaid, the ith th * - º * º *...* inferior courts of said counties respectively, have power to draw the proportion which said counties may have a right to claim under this act, to be by them applied to the purposes of education in said counties. 3.” 17. Sec. IV. None of the counties which may receive any ... dividend under the provisions of this act, shall be entitled to receive any h divi- º se e - ... receive any portion of the dividends hereafter to be declared they account jºy upon the stock aforesaid, until they shall have made full and have receiv- ed. accurate report, setting forth the amount received by said coun- ties in confiscated property or otherwise, by way of endowment of their county academies. Any ºsteº; 18. Sec. V. Any commissioners, trustees, superintendents, &c. who may ... or inferior courts, who may receive any benefit under the pro- under this act ...}* visions of this act, shall keep a just and accurate account of account of ...t, the manner in which the same may be disbursed and applied, bursements, i." and shall make report thereof annually, through the senatus academicus, to the Legislature. ACADEMIES AND FREE SCHOOLS.–1823, 1824. 5 An Act to alter and amend an Act passed twenty-third day of December, 1822, to distribute the Bank Dividend and other net proceeds of the Poor School Fund among the different Coun- ties of this State.—Passed 22d December, 1823. P. 3. 19. Sec. 1. Be it enacted, &c. That from and after the ºars, passing of this act, the sum of twenty thousand dollars out of Hº of º he poor the proceeds of the poor school fund be, and the same is here- tº by set apart to be distributed annually amongst the different º' each county, counties of this State, in proportion to the number of free white ...; population in each county, which population shall be ascer-j. tained by the census next to be taken, and which shall be considered as the population of said counties until it shall be again taken, according to law, for the purpose of educating such children who are destitute of the means of education. [Remaining part of this act superseded by the act of 1828.] An Act to compel persons holding Academy Funds in their hands to pay interest in certain cases.—Passed 20th December, 1824. P. 12. 20. Sec. I. Be it enacted, &c. That all and every person or º: persons who now has or hereafter may have in his or their ºr hands any money belonging to academies other than the trus- º, tees of the said academies, or persons entitled by law to have ..." num on the the same, which has arisen from the sales of confiscated pro- * perty or otherwise, shall pay at and after the rate of twenty per cent. per annum, until they shall have settled and paid the same to the trustees of academies or other persons entitled by law to have and receive the same. 21. Sec. II. Any person or persons, whether trustees, com- Trustees, commission- missioners, or agents of any academy in this State, who shall ºre. fusing to pay refuse, when required by a majority of the trustees or commis- ºdd- my funds sioners of said academy, to pay over to the treasurer or other º.º.º. person appointed by said commissioners or trustees as aforesaid, ; within ten days after demanded, all sums belonging to said ... academies in their hands, shall be liable to pay the same inte- “. rest, until paid, as persons in the first section of this act are subjected to for holding funds unaccounted for, any law to the Contrary notwithstanding. 6 ACADEMIES AND FREE SCHOOLS.–1826, 1828. An Act to amend the sixth section of an Act, entitled, “An Act to alter and amend an Act passed the twenty-third day of Decem- ber, eighteen hundred and twenty-two, to distribute the Bank Dividend and other net proceeds of the Poor School Fund amongst the different Counties in this State, passed twenty- second day of December, eighteen hundred and twenty-three,” and also to amend the act to distribute certain funds for the wse of the several Academies in this State, passed twenty-third December, eighteen hundred and twenty-two.—This act passed 22d December, 1826. P. 24. Trustees to 22. Sec. I. Be it enacted, &c. That from and after the pas- make returns ...he gover sage of this act, the trustees of the poor school fund shall, in future, in addition to their making their annual returns to the senatus academicus, as prescribed by said sixth section of the act aforesaid, also make the same to his excellency the }."re governor; and until such returns are made to the governor, turns are "... in all cases where money has already been distributed, or vernor autho- ja any which may hereafter be distributed, showing an accurate and j clear disposition of the money advanced, the governor is here- ” by authorized to withhold any further distribution as required by the above recited act. Trustees of 23. Sec. II. The trustees of the several academies of this academies also makere State, shall not be entitled to their distributive share of the turns to the governor funds set apart and provided for said academies in last recited Until such re-act, until they shall also, in addition to the returns required to turns are Hºº go be made to the Senatus academicus by said act, make a re- vernor autho- e º º ºr turn to his excellency the governor of the manner in which hold any far- º & e jºr they have already disposed of moneys placed in their hands, IOIl to SUIC e º g º academy, and such as may hereafter come into their possession by virtue of said act, shall also be accounted for before they shall draw or receive any further distribution under said act. An Act for the better distribution and application of the Poor School Fund, and to point out the mode of accounting for the disbursement of the Academy and Poor School Funds.-Passed December 22d, 1828. P. 3. cleºsta, 24. Sec. I. Be it enacted, &c. That the clerks of the courts jº" of ordinary, in the several counties in this state, are hereby ap- i.” pointed sole trustees of the poor school fund, who shall be ca- * pable of suing and being sued, under the name and style of the trustee of the poor school fund. The said trustee shall, before he enters upon the duties of his office, give bond with ACADEMIES AND FREE SCHOOLS.-1828. 7 approved security to the justices of the inferior court of his To give bond and security county, in the sum of one thousand dollars, for the faithful per- in iododois. formance of his duty as trustee, and at the same time take and subscribe the following oath, before the justices of the infe- rior court, or a majority of them, to wit:—“l, — do his oath. solemnly swear, that I will faithfully perform and discharge the duties of trustee of the poor school fund, for the county of as the law directs; that I will not, nor shall any per- son for me or themselves, by or with my consent or knowledge, use any money, or sums of money, coming into my hands as trustee aforesaid, for my own or their private use.—So help me God.” Which oath shall be entered upon the minutes of the inferior court, and the trustee may retain five per cent, as com- Allºy...; per cent. for missions or compensation for his services as trustee upon all “"“” sums disbursed by him. 25. Sec. II. If the clerk of the court of ordinary will not Iſtheclerk will not ac- accept the appointment of trustee of the poor school fund, ºne infe- rior court the justices of the inferior court shall immediately proceed to may appoint some other appoint some fit and discreet person in the county, trustee of person. the poor school fund; which trustee when appointed shall be, and is hereby vested with all the powers that the clerk of the Court of ordinary could possess, when acting as trustee of the poor School fund agreeable to the provisions of this act, and it shall be the duty of the trustee appointed by the inferior court, to give bond and security, and take the oath prescribed by this act. And whenever the trustee of the poor school fund, whether the clerk or person appointed by the inferior court, Iſsueh trus. tee neglect to shall neglect or refuse to furnish the senator elect, with a cor- ºrnº senator elect rect statement of the receipts and expenditures of the poor with a state- ment of his school fund, agreeably to the provisions of this act such trustee ºn ſº tº g & e tº expenditures, shall forfeit and not be entitled to receive or retain in his hands ;". missions: and any commission or compensation for his services, and the jus- ...". order a suit tices of the inferior court shall immediately order suit to be ...". brought against such trustee on the bond given by him. 26. Sec. III. It shall be the duty of the trustee appointed tº on for- by this act, or that may be appointed by the inferior court, to ºs call upon all former trustees, or other persons, who have here- §. tofore received or have had charge of the disbursement of the poor school funds in the several counties of this State, and require them to pay over all unexpended balances remain- ing in his, her, or their hands; and in case of neglect or refusal in case of ne- § º º tº glect to pay to pay the same within twenty days after the same is demanded, ºne may bring the trustee shall immediately commence an action in the supe- **** 8 ACADEMIES AND FREE SCHOOLS.–1828. rior court, for all sums above thirty dollars, against such de- faulter, for all sums due and owing by him, her, or them, and for all sums of thirty dollars, and under, in a justice's court. Justices of 27. Sec. IV. It shall be the duty of the justices of the peace the peace to . tº e gº * ... tº wº #;" in the different captains' districts of each county, to procure §º, and make out a list of all children in their respective districts, º, together with their names, ages and sexes, whose extreme the same to “ indigence entitle them to a participation in the poor school fund, and report them in writing to the trustee of their county; such list to, which list, after being examined and approved of by the trustee, ºf: shall be registered by said trustee in a book to be kept by him tice to cause ... ºn for that purpose; and it shall be the duty of such trustee to to be sent to school. cause all such poor children to be sent to school, whenever a school can be had sufficiently near to their place of residence; and when such child or children are sent to school, the teacher iº shall submit his accounts to said justice of the peace, who shall jº., approve or reject the same; and if such account is approved, the justice of #::::::::" the teacher shall place the same in the hands of the trustee for jº, revision and correction, on or before the second Monday in trustee Om or ...'...n. October in each and every year; at which time said trustee second Mon- #"* shall pay the account of the teacher, unless the funds in his ; : hands are not sufficient to pay the whole accounts of the coun- i. º ty of similar amount—then and in that case, it shall be the to divide the * g tº º g © #. duty of the trustee to divide the funds in his hands equally ly. amongst the poor children educated for that year. .* 28. Sec. V. His excellency the governor is hereby autho- to draw a Yº... rized to draw a warrant on the treasurer in favour of the trus- the treasurer ; ; tee of the poor school fund for the distributive share of the poor butive share *...*.*... school fund to which such county is entitled, if such trustee county is en- “ applies forthe same in person, or draws an order upon the gover- Thº... nor for the same: Provided, That the justices of the inferior shall certify e & ſº tº . court shall certify that such trustee is duly qualified to apply *** for the same agreeably to the provisions of this act. ..., 29. Sec. VI. The trustees of the several academies, and of poor school .." the trustees of the poor school fund in each county in this academies i. ſ." State, shall annually on or before the third Monday in each *:::::, October, transmit to the senator elect of their county, two October fur- ish to ti ſº gº g te ºt accounts each, of their respective receipts and expenditures of two accounts e g º' that year, together with a list of the names, ages, and sexes of º the poor children and scholars respectively educated in the i.º.º. county, and at their academy. One copy each of said accounts tº respectively shall be deposited by the senator in the eXecutive :** department, and one copy of each shall be laid before the *. ACADEMIES AND FREE SCHOOLS.–1828. 9 senatus academicus. And if the trustees of any academy or poor school shall fail to comply with the provisions of this act, such trustee of academy, or trustee of poor school fund, shall not be entitled to draw any dividend of their respective acade- mic or poor school fund until the amount previously received by said trustees or trustee, shall be respectively accounted for, either to his excellency the governor or the senatus acade- micus. 30. Sec. VII. The trustees of the several academies or jus- tices of the inferior court, or trustees of the poor school fund in the several counties in this State, who shall at any time here- after, make to his excellency the governor a full and fair state- ment of the receipts and expenditures of their respective several academy or poor school funds heretofore drawn by them for Such county or academy; also showing in what manner the moneys received by them from the treasury, have been applied and expended—and also showing what amount is due and owing by former trustees or others who have received or had charge of their several respective academic or poor school funds in the several counties of this State; then and in that case, his excellency the governor shall be, and he is hereby authorized to draw a warrant on the treasurer in favour of the different academies respectively and severally, and the trustees of poor schools, for all arrears which their counties or academies may be entitled to. 31. Sec. VIII. His excellency the governor, shall not draw a warrant on the treasurer in favour of the trustees of any aca- demies, unless it is on the personal application of one or more of the trustees, or a written order for the same, signed by a majority of the trustees of such academy. 32. Sec. IX. When there are two or more incorporated academies in any one county, and the trustees of either aca- demy fail to exhibit a satisfactory account of their respective several disbursements in terms of this act, the trustees of the academy or academies in the same county which do thus ac- count, shall be entitled to draw the whole dividend provided for said county or counties, for every year in which there may be a failure as aforesaid. 33. Sec. X. The justices of the inferior courts throughout this state, shall have power to order an appropriation of any part or portion of the surplus county funds in aid of the provi- Trustees fail- ing, debarred from a divi- dend until such return is made. On a fair and full showing to the gover- nor how funds hither- to drawn have been ex- pended, and what amount remains in former trus- tees’ hands: the governor authorized to draw on the Treasurer for the amount such county academy or trustee of poor school fund may be entitled to. Governor not to draw a warrant only on the per- Sonal appli- cation or a written order from a majo- rity of trus- tees. Where there are two aca- demies in a county, and either failing to make re- turn, the other acade- my entitled to the whole dividend. The J. T. C. authorized to appropriate any Sui plus county funds in aid of the sions now, or which may hereafter be made, for the benefit of .” county academies, or the education of poor children. 2 10 ACADEMIES AND FREE SCHOOLS.—-1829. 34. Sec. XI. All laws militating against this act, be and the same are hereby repealed. An Act, more effectually to define the duty of the Trustees of the Poor School Fund, in the respective Counties of this State. —Passed 22d December, 1829. P. 3. ... 35. Sec. I. Be it enacted, &c. That from and immediately poor school fund § tº after the passage of this act, the trustees of the poor school poor children tº g tº ſº g tº tº" fund, in the respective counties in this State, are required when- counts are re- jºir ever the teachers of poor children in their respective counties, º shall make out their accounts agreeable to the provisions of an act passed the twenty-second day of December, eighteen hun- dred and twenty-eight, entitled “An Act for the better distri- bution and application of the poor school fund, and to point out the mode of accounting for the disbursement of the aca- demy and poor school funds,” to pay said accounts, at the times and on the days following, to wit: on the first Monday quarterly in April, on the first Monday in July, on the first Wednesday in October, and on the first Monday in January, in each and Provis” every year: Provided, no account shall be paid, until the full end and expiration of the quarter, for which the demand is made. ...; 36. Sec. II. The trustees of the poor school fund, in the to wait until ;.” respective counties of this State, shall not wait, until all the the peace } h : as tº wº e tº ſº ſº ...it justices of the peace in their respective counties, may report; shall pay is tº tº “º & g sºuch but said trustees are hereby required, whenever said justices or º any of them, shall ſail or neglect to report, agreeable to the act : ... of the twenty-second day of December, eighteen hundred and form. twenty-eight, to pay over to such teachers, as may have made out their accounts as aforesaid, their respective demands. ºf 37. Sec. III. Said trustee on paying out such sums, shall ... retain in his hands, as nearly as he can ascertain, a ratable pro- shall retain in ..", portion of money, as will be sufficient to cover the demands that sufficiency to pay the may be made in the defaulting districts, in his county, until tuition of those dis- ...re said return shall have been made, agreeable to law. turned by the justice of the peace. An Act to authorize and require his Excellency the Governor to Imake a distribution of the Funds, set apart for the Education of Poor Children, and for the endowment of County Aca- demies. Passed 19th December, 1829. P. 5. ºr 38. Sec. I. Be it enacted, &c. That from and immediately ...; after the passage of this act, his excellency the governor, be tribution of ...a and he is hereby authorized and required to cause a distribu- school and i.” tion of the fund set apart for the benefit and education of poor ATTACHMENTS.—1820. 11 children, and for academical purposes, in the several counties, to be made among the several counties of this state, retaining for those counties which have not made a return of the census of said counties, an amount for each of such defaulting counties equal to the Smallest of the counties of the State which have made returns. Resolution of 12th December, 1829. P. 271. Whereas doubts are entertained by the present trustees of the poor school fund of the several counties of this State, in re- lation to the payment of accounts due to teachers prior to the appointment of said trustees, and which have not been paid by their predecessors—Therefore, Resolved, That the trustees of the poor school fund of said Counties be, and they are hereby authorized and required to accept and pay off all accounts due for the tuition of poor children prior to their acceptance of the appointment of trus- tees, (and which have not been paid by their predecessors,) in the order the same became due —Provided, the persons claim- ing such accounts shall render the same under oath. And be it further resolved, That his excellency the governor be, and he is hereby authorized and required to pay over the amount of the poor school fund set apart for this state. —-e Se—— ATTACHMENTS. An Act in addition to and amendatory of the several acts to re- gulate all Attachments in this State, and to authorize remedies ân certain cases.* Passed 8th December, 1820. P. 16. 1. Sec. I. In any case when a person or persons has been a security for another in a note, obligation or other instrument of writing, and has been compelled to pay off the same by legal process, or has paid it being called on by the person or persons holding such note, obligation, or other instrument in writing, and in cases where suit is pending upon any such note, obli- gation or instrument in writing against the principal and secu- rity or securities, or against either or any of them, and in cases where such note, obligation or other instrument, to which there Retaining for counties which have not made re turn of the census, an a- mount equal to what the smallest counties are entitled, which have made returns, * See forms of this law, Appendix, title Forms. Persons secu- rity for an- other and has been compel- led to pay of the same, or . in cases where a suit is pending up- on such note, &c. and in cases where Such note, &c. is or are not due, and the principal debtor or debtors in such case is 12 ATTACHMENTS.—1820. *...* is or are security or securities, is, or are not due, and the ing or about #.” principal debtor or debtors in any such case is, or are removing, ;, or is or about to remove, or have removed without the limits of th t g g * jºuf. this State or any county, and oath being made by the security or fer, an attach- * & ſº te g º, securities, his, her or their agent or attorney in fact or at law, issue against wº * * * e wº g g tº of the facts, and of his, her or their liability on said note, obli- and effec tº * * tº , º, g ſº ºn- gation or other instrument in writing, and that his, her or their cipal debtor º, in principal, is or are removing, or about to remove, or have re- favour of *** moved without the limits of this State, or any county therein, an attachment may issue against the property and effects of such principal debtor or debtors in favour of such security or Where the securities; and in cases where the debt has been paid by such debt has been tº security or securities before the issuing such attachment, the such security, ... said security or securities shall be authorized to proceed to shall be au- ... judgment on such attachment, and to recover judgment for the #.” amount to which the person suing out such attachment is enti- i.; tıed; and in case of suing out such attachment, by a security sº Ol' securities, in a case where a suit or suits may be pending as ºne aforesaid, Ol' Oil a. demand where the note, obligation Ol' other #. other Instrument of writing is not due, such security or secur- ſº ties shall have alien upon the property and effects of the prin- jºin cipal attached until such property is replevied, or the principal flººr debtor or debtors shall give good and sufficient security to the .# person suing out such attachment, his, her or their agent or at- out such at- tachment, for §:... torney in fact or at law, for the payment of such note, obliga- of such note, &c. tion or other instrument of writing, when it may or shall be- come due, or at the termination of said suit or Suits; and in Andinases case the property shall not be replevied, the person attaching where the º shall be admitted to proceed to establish his demand as though *.*.* the debt was due, or the suit or suits determined ; and the pro- attaching. tº tº ºperty or effects of the principal debtor so attached by such ... security or securities, shall be disposed of in the manner point- P * gºe g gº g g j'. ed out in the attachment laws of this State, and paid into the be disposed * tº e §a clerk's office of the court in which such attachment may be out in jºine's, pending, subject to be paid over by order of said court to the Dig. p. 19. tº º & 3 : original creditor or creditors, when such debt shall become due. º Judgment ...e. 2. Sec. Il. When an attachment shall issue, under and by ed for debts tº g lºº Virtue of the second section of the attachment law, passed on tº "“ the eighteenth day of December, in the year eighteen hundred and sixteen, that the plaintiff or plaintiffs in such attachment shall be, and hereby is authorized to proceed to judgment in the same manner as though the debt had been due at the issu- ing such attachment, with a stay of execution until the said ATTACHMENTS.—1820, 1829. 13 debt should become due ; provided the same should not have become due before the entering up judgment. 3. Sec. 111. In all cases of attachment, the property or effects of the defendant or defendants in attachment may be replevied by his, her or themselves, his, her or their agents or at- torneys in fact or at law, in the manner pointed out in an act entitled “An Act to regulate attachments in this State,” passed on the eighteenth day of February, seventeen hundred and ninety-nine. 4. Sec. IV. In all cases of the issuing of attachments, the formalities and regulations provided in the said attachment law of the year seventeen hundred and ninety-nine, except as here- in excepted and provided for, shall be in full force, which the plaintiff in attachment, his, or their agent, or attorney in fact or at law, is and are hereby authorized to pursue. 5. Sec. V. In all cases where a suit or suits may have been instituted, on any debt or demand, and pending such suit or suits, the defendant or defendants may place themselves in any or either of the situations in which the suing out an attach- ment by the laws of this State would be authorized, it shall be lawful for the plaintiff, or plaintiffs, his, her or their agent, or attorney in fact or at law, to sue out an attachment, notwith- standing the pendency of such suit or suits as aforesaid; and such suit or suits shall not be pleaded in bar to such attach- ment; but the satisfaction received upon any such attachment may be given in evidence against any such pending suit or suits. 6. Sec. VI. Any defendant against whom an attachment shall be sued out under the provisions of this act, may avail himself in his defence of any set-off, properly pleadable by the laws of this State, notwithstanding such set-off may not be due at the time of suing out such attachment, or at the trial thereof. An Act to amend the several Attachment Laws of this State, so far as to permit persons whose property may be insured in In- surance Offices, carried on by agents in the State of Georgia, whenever a dispute shall hereafter arise between the insurers and the insured, to issue an attachment against the goods, pro- perly, or effects of said Insurance Company, and to garnishee its agent or agents.--Passed December 19th, 1829. P. 17. Whereas, disputes have arisen, and may hereafter arise be- tween insurance companies, whose business is carried on in this State by agents, as to the amount of loss which they may Defendant, or his agent, &c. may replevy according to the act of 1799, Act of 1799 in force, where not repug- nant to this aCt. Attachment may issue pending a suit. Set-off may be pleaded in attachment before it is due. 14 ATTACHMENTS.—1829. have sustained by fire or otherwise. And whereas, when such disputes do arise, the insured is compelled, at great expense, and almost at a total loss of his insurance, to prosecute his rights in the country or State where the insurance company hath been incorporated, to the manifest injustice of the rights of the citizens of this State, and to their great inconvenience; for remedy whereof, Persons in- 7. Sec. I. Be it enacted, &c. That from and after the passage of suring pro- F... this actit shall and may be lawful for any person or persons who insurance of. :*:a may hereafter insure his, her, or their property or effects in any on by agents ###, insurance office, or company, carried on by agents in the State may issue an we * g º of Georgia, when any dispute shall or may hereafter arise from agreeably to e -- e º fººtach- any cause whatsoever, between the said insurers and the in- IIlent, la V g tº e e *...* sured, either in relation to the amount of loss claimed, or the ary, 1799. justness of the claim or demand, after he, she, or they shall have first complied with the rules and regulations of said insu- rance office or company, contained in the policy as to notice and loss, to issue an attachment against said company, upon refusal or neglect to pay said loss, to the amount claimed by the insured, so that the same do not exceed the amount con- tained in the policy, in the same manner, and under the like restrictions as are pointed out in the attachment laws of this State, passed 18th day of February, 1799. Agents may 8. Sec. II. Upon said attachment being sued out, as afore- be summon- .* said, it shall and may be lawful for the said plaintiffin attach- the am’t of #j. ment to summon the agent or agents of such insurance office or company, in writing, to appear at the term of the court to which the said attachment shall be made returnable, under the penalty of an attachment for contempt, then and there to an- swer upon oath, what he, she, or they are indebted to, or what effects of said office or company he or they had in his or their hands at the time of issuing said attachment, and hath or have at the time of making his, her, or their return, under oath, as .º aforesaid, and if the said agent or agents shall deny being ºted to indebted, or having in his, her or their hands any property or memºir effects belonging to said office or company, at the time of issu- ...” ing the attachment, and at the time of making his return under such denial ..., oath, as aforesaid, it shall and may be lawful for the said Iſlanner as is §." plaintiff in attachment to traverse such denial in the same f th sº gº g ſº *** manner, and under the like penalty as is prescribed in the Such compa- second section of the attachment law, as aforesaid. ny may dis- ; 9. Sec. III. It shall and may be lawful for the said com. É.” pany, against whom said attachment may issue, or their agent §."* or agents, upon the same being issued, to dissolve such attach- ATTORNEYS AND SOLICITORS GENERAL.-1824, 1826. 15 ment, the said company against whom it shall issue, giving bond and security to the sheriff, or other officer, authorized to to receive the same, in double the amount claimed, for the eventual condemnation money, and all costs; which bond so such bond given shall be, and is hereby declared to be assignable by said tº sheriff, or other officer, to the plaintiff in attachment, upon the said agent or agents of said company failing or refusing to pay or cause to be paid to the said plaintiff or his attorney, within thirty days after the rendition of a final judgment against said who may COIn meriCC company or said claimant, the amount of said judgment, and hº all costs; and the said plaintiff in the said attachment is hereby ::::::::. authorized, forthwith, to commence an action of debt, on said bond against said company, and its securities, and shall and may recover judgment on said bond for the amount of said original finding against said principal and securities as afore- said, jointly or severally, according to the existing laws of this State, in such cases made and provided. Sec. TV. [Repeals all laws militating against this.] —CŞe—— ATTORNEYS AND SOLICITORS GENERAL. Resolution of 20th December, 1824. P. 180. Provides, that in future, when the attorney general, or any solicitor general shall make application to the legislature for commissions for money collected, or compensation for any ser- vice rendered the State, they shall specially set forth from what persons the money has been collected, and what trouble they have been at, and what labour they have bestowed in and about said collections, or services for which they charge, in order that the legislature may have such information as will enable them to do justice both to said officers and the State. An Act pointing out the mode of compelling the Attorney General and the Solicitors General of this State to pay over moneys collected by them for the State.—Passed 23d December, 1826. Attorney and P. 104. & Solicitors eneral may tº e ruled for 1. Sec. I. Be it enacted, &c. That from and after the pas- ºf lected by Sage of this act, the attorney general and the solicitors gene- ºne State, in the ral of this State, shall be subject to a rule of court, to compel ... torneys at them to pay over moneys collected by them for the State, i. 16 ATTORNEYS AND SOLICITOR'S GENERAL.—1828. Any practis- ing attorney at law may prosecute the rule. The judges shall have power to im- prison such defaulting solicitor, &c. And may ap- point, tempo- rarily some attorney in his place. . The attor- ney and so- licitors gen- eral to give bond and se- curity. Amount of bond 20,000 dolls. Condition. under the same rules and regulations as govern attorneys and Solicitors at law, when they neglect or refuse to pay over moneys collected for their clients. 2. Sec. II. Any practising attorney at law when employed for that purpose by the governor, treasurer, or comptroller general, shall be fully competent to prosecute such rule against any defaulting attorney or solicitor general, any law, usage or custom to the contrary notwithstanding. 3. Sec. III. The judges of the superior court shall have power to imprison as for a contempt such defaulting solicitor or attorney general; and during such imprisonment, such courts shall have power to appoint temporarily some attorney to execute the duties of such delinquent solicitor or attorney general. An Act to compel the Attorney and Solicitors General of this State to give bond and security for the faithful discharge of the duties of their respective offices, and to further define the the duties of the Comptroller General, the Attorney and Soli- citors General.—Passed 20th December, 1828. P. 94. 4. Sec. I. Be it enacted, &c. That from and after the pas- Sage of this act, it shall be the duty of the attorney and solici- tors general of this State, and they are hereby required before they are qualified and enter upon the duties of their respective offices, to give bond and security to the governor for the time being and his successors in office, which shall be adjudged of and approved by him, in the sum of twenty thousand dollars, which said bond shall be conditioned to pay over to the comp- troller general of the State, all moneys collected as attorney general or Solicitors of their several circuits, or otherwise in behalf of the State, to which the State may be entitled; also the amount of all sums incurred by said attorney and solicitors general, by reason of failure to pay over the same according to the act of eighteen hundred and twenty-three,” and do and perform all other duties required of them by law, which said bond shall be filed in the comptroller general's office, subject to the order of the legislature. 5. Sec. II. It shall be the duty of the attorney general and solicitors general, to make an annual report of the state and standing of the claims in favour of the state under their control, to the comptroller general, at the commencement of the ses- To make an annual report to the comp- troller gener- al, of money by them col- lected, &c. * See under the title State House Officers. ATTORNEYS AT LAW.—1829. 17 sion of the legislature, showing what suits are instituted, and when instituted, and what money may have been collected during the preceding year, also on what cases collected. 6. Sec. III. It shall be the duty of the comptroller general, ºr to report to the legislature at its annual session, all arrears or tº: neglect of duty by the attorney general, or either of the so- licitors general; any law to the contrary notwithstanding. ——eSe—— ATTORNEYS AT LAW. An Act to provide for the admission of Attorneys and Solicitors from adjoining States and Territories, to plead and practise Law in this State.—Passed 19th December, 1829. P. 41. 1. Sec. 1 Be it enacted, &c. That from and after the pas-Howattor. sage of this act, it shall and may be lawful for any judge of it. #: the superior courts of this state, in term time of any of said ºf territories superior courts, upon application being made and filed in may head- mitted to writing, to cause a license to be issued by the clerk of said ºleaianº practise in court, to any attorney or solicitor, from any of the adjoining ºf states or territories, to plead and practise in any of the courts of law and equity in this State, as fully as if such applicant were a citizen of Georgia: Provided, said applicant shall, before the granting of such license, produce to the judge aforesaid, a cer- tificate from some one of the judges of the superior court, circuit or district courts of the state or territory of which he is a citi- zen, under the seal of said court, stating that he is of good moral character, and that he has been regularly admitted to plead and practise law in Such state or territory, and is at the date of such certificate, a practising attorney of such state or territory. 2. Sec. II. The clerk of the superior court who issues ºr such license shall be entitled to, and receive the same fee cense. therefor, to be paid by said applicant, as is usually paid by persons admitted who are citizens of this State. Sec. III. [Repeals all laws militating against this.] 3 18 BANKS.––1820, 1822. Shares or stock owned by any per- son in banks subject to execution. Sheriff’s duty when levying on shares or stock in banks. One share set up at a time., BANKS. Resolution of the 21st December, 1820. P. 106. Resolved, That the presidents severally of the Bank of the State of Georgia, the Bank of Darien,” the Planters' Bank, and the Bank of Augusta, shall be required annually, to give a minute statement of the standing and management, of each of those institutions, and their branches, for the twelve months immediately preceding the first Monday in October, in each year, and forward the same to his excellency the governor, for the time being, and be subject to the examina- tion of the general assembly, showing particularly the amount of specie in their vaults, the amount of debts due them, the amount of issues by each, and the amount of bills in circula- tion; the amount of deposits, and the highest amount due, and owing by each of Said banks. An Act to make Bank and other Stock subject to Eacecution.— Passed 21st December, 1822. P. 17. 1. Sec. I. Be it enacted, &c. That from and after the passage of this act, the shares or stock, owned by any person in any of the banks or other corporations in this State, shall be subject to be sold by the sheriff or his deputy, under execution. 2. Sec. II. When any sheriff or his deputy shall have placed in his hands, any execution against any person who owns any stock or shares in any of the banks or corporations of this State, it shall be lawful, and he is hereby required, on application of the plaintiff, his agent, or attorney, to endorse on said execution a levy of the number of shares belonging to the defendant, and after advertising the same, agreeable to the laws regulating sheriffs' sales, shall thereafter proceed to sell the said shares of stock: Provided always, that he shall set up one share at a time, and shall sell no more than is sufficient to satisfy the amount of executions then in his hands. 3. Sec. III. When any constable shall have any execu- tion placed in his hands, against any person who is the owner of any shares or stock in any bank or other corporation in this State, it shall be lawful, and he is hereby required, on applica- tion of the plantiff, his agent, or attorney, to endorse a levy on said execution or executions in like manner; and it shall be his duty to make return of the same to the sheriff of the county Constable’s duty when fi. fa, is placed in his hands to levy on bank stock. * But see resolution of 20th December, 1827, p. 217, and act of 22d December, 1829, p. 23, and of this work, post. BANKS.—BANK of MACON.—1825. 19 in which he lives, which said sheriff shall proceed to sell as pointed out by the second section of this bill. 4. Sec. IV. When the sheriff or his deputy shall sell any #mres shares in any bank or other corporation in this State, he shall tº give a certificate of such sale to the purchaser. # certificate. 5. Sec. V. The officer of the bank or other corporation, ... whose duty it may be to make transfers of stock on the books ...is. of the bank or other corporation, shall, and he is hereby re- quired, to make a transfer of the stock purchased under this act to the purchaser of the same, upon his, her, or their pro- ducing certificate or certificates to the said officer. 6. Sec. VI. Any transfer made by the defendant of his ..., bank or other stock, after judgment obtained against him, or * her, shall be void: Provided, that notice of the obtainment of Notice of the judgment to such judgment be served on the cashier of such principal bank he erºsion the cashier or any of its branches, or the proper officer of such corpora- withinº days after the tion, within twenty days after said judgment is obtained. judgment is obtained. Resolution of November, 28th, 1823. P. 222. The committee report, that it is expedient, and will be for the interest of the State and the stockholders, that a branch of the bank of Darien should be established at the town of Macon; and that after the expiration of two years, the branch of said Bank, now established in the town of Marion, should be discontinued, and its funds transferred to the branch so to be established in the town of Macon. ——eºe—— BANK OF MACON. An Act to incoporate the Bank of Macon.—Passed 20th De- cember, 1825. P. 23. 7. Sec. I. Incorporates nine persons (therein named) with all such persons as now are, or may become stockholders in the said company, and made a body politic by the name and style of “The President, Directors and Company of the Bank #. bank of Ma- of Macon,” and so shall continue until the first day of January, . one thousand eight hundred and fifty; and by that name shall #: be and are hereby made able and capable in law to have, ºr purchase, receive, possess, enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, 20 BANKS.-BANK OF MACON.—1825. chattels, and effects of what kind, nature, or quality soever, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, plea and be impleaded, answer and be answered, defend and be defended, in courts of record or any other place whatsoever, and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure, and also to ordain, establish and put in execution, such by-laws, ordinances and regulations as shall seem necessary and con- venient for the government of said corporation, not being con- trary to the laws or to the constitution of this State or of the United States, or repugnant to the fundamental rules of this corporation, and generally to do and execute all and singular such acts, matters and things which to them it shall or may appertain to do, subject nevertheless to the rules, regulations, restrictions, limitations, and provisions hereinafter prescribed and declared. 8. Sec. II. [Names of the places where, and the super- intendents by whom, the books of subscription to be kept open for the space of thirty days, during which time it shall Nº. and may be lawful for any person or co-partnership, being citizens of the United States, to subscribe for any number of shares, not exceeding one hundred: Provided, that if the whole number of shares be not taken up within the space If not taken of thirty days, then, and in that case, it shall and may be *...* lawful for any person or co-partnership, being citizens of º: t the United States, to subscribe for any number of shares º: before unsubscribed for; and the sums respectively sub- down. scribed for shall be payable as follows, to wit: five per cent. at the time of subscribing, and the remainder at such times as the certificates board of directors for the time being may prescribe. The tº:" persons hereinbefore named shall issue certificates of stock to bers. the subscribers, which certificates may be exchanged for others to be issued by the president and directors, or such person as they may authorize, after the said board of directors shall have organized for the discharge of the duties devolving on them as such ; and it shall be the duty of the persons hereinbefore Only gold or named, to receive for subscriptions for shares at the time of jºine subscribing only gold or silver, or the bills of the Bank of the bills of the & g tº *tie United States and its branches, and which shall be at par U.S. or its ... at the time when such subscriptions are made; and the money received for ;. so received by them, they shall within thirty days after the books §... are closed, transmit to the president and directors in Macon, for *:::::::::" the time being, at the expense of the said corporation. Pro- #: vided, that the directors of said bank shall not be authorized to BANKS.—BANK OF MACON.—1825. 21 issue any bills or notes until the sum of fifty thousand dollars, in gold or silver coin, shall have been actually received on ac- count of the subscription of said stock, and deposited in said bank. 9. Sec. III. For the well ordering the affairs of said cor- . poration, there shall be nine directors chosen annually on * the first Tuesday of October in each year; the first election at what time. to be on the first Tuesday in October, one thousand eight hun- dred and twenty-six, until which time the present board of directors shall continue in office. 10. Sec. IV. In all future appointments of directors, the Invoting for directors, the number of votes to which each stockholder shall be entitled, number ºf . votes shall be , shall be according to the number of shares held, in the pro- according tº the number portion following, that is to say: for one share and not more ºil pro- than two shares, one vote; for every two shares above two and Port” not exceeding ten, one vote; for every four shares above ten and not exceeding thirty, one vote; for every six shares above thirty and not exceeding sixty, one vote; and for every ten shares above one hundred, one vote; but no person, corpora- i. tion, co-partnership, or body politic shall be entitled to more 80 votes. than thirty votes, and no share or shares shall confer a right of ..." suffrage, which shall not have been holden three calendar ...”. title any per- months previous to the day of election, and unless it be holden “” tº'º. by the person in whose name it appears, absolutely, and bona fide, in his own right or that of his wife, or as executor, or ad- ministrator, or guardian, or in the right and use of some co- partnership, corporation, or Society, of which he or she may be a member, and not in trust for, or for the use of any other Notto be held person; any stockholder absent may authorize by power of " trust. attorney, under seal, any other person to vote for him, her or them. 11. Sec. W. A fair and correct list of the stockholders A Correct,” to be made shall be made out at least two weeks before any election of ..." directors, to be submitted to the inspection of any stockholder * who shall require to see the same, to the end that public infor- mation may be given to the parties concerned of their co- proprietors and stockholders; and to prevent a division of shares in order to obtain to the person or persons dividing them an undue influence, the managers of elections for direc- tors shall administer to every stockholder offering to vote, the following oath: “You, A. B. do swear (or affirm) that the ºf stock you now represent is bona fide your property, and that you are a citizen of the United States, and that no other per- Son or persons is or are concerned therein:” and to any per- 22 BANKS.-BANK OF MACON.—1825. son voting by proxy or for a minor, or in the right of, or in trust for any other person entitled to vote, the following oath: 9.g. “You, A. B. do swear (or affirm) that the stock of C. D. son voting by ;..." whom you now represent, is, to the best of your knowledge a minor or ...F.; and belief, the property of the said C. D., and that he is a and on refus- h * - ſº !...o. citizen of the United States, and that no other person or per- be allowed t e te :** sons is or are concerned therein;” and any stockholder re- fusing to take such oath or affirmation shall not be allowed to vote at such election. ...; 12. Sec. VI. Those who shall be duly chosen at any directors may Serve, election, shall be capable of serving as directors by virtue of such choice until the end or expiration of one day next suc- ceeding the first Tuesday of October in each year; and the said directors, at their first meeting, after each election, shall *...* choose one of their number as president, and in case of the their presi- dent. death, resignation, or absence from the State, or removal of a In case of the *...* director, his place may be filled up by a new choice, for the a director, ###" remainder of the year, by the directors; but should it so hap- ſº me... pen that an election of directors should not be made on the tº said first Tuesday of October in any year, or any other day mot take º tº tº Hºi- appointed by the stockholders, the said corporation shall not ...hat may for that cause be deemed to be dissolved, but it shall be lawful on any other day to hold and make an election of directors, in such manner as may be regulated by the rules and ordinances of the said corporation. 13. Sec. VII. The following rules, limitations and pro- visions shall be fundamental articles of the constitution of the said corporation. RULE I. §: The capital stock shall consist of three hundred thousand jºº dollars, divided into shares of one hundred dollars each, of ; which fifty thousand dollars shall be reserved until the first day ** of January, one thousand eight hundred and twenty-seven, on the original terms, to be then or at any prior time taken by the State, according to the pleasure of the legislature, whereby the governor, treasurer, and comptroller general shall be en- titled at each succeeding election to exercise the right of ap- pointing two of the board of directors. RULE II. Capital stock The capital stock may be increased at any time to the ;. amount of six hundred thousand dollars, whenever two-thirds 3 of the stockholders shall so determine at any stated or special meeting, by authorizing the directors to receive subscriptions for, BANKS.—BANK OF MACON.—1825. 23 or disposing of shares of one hundred dollars each, to any per- son or persons in such manner as they shall think fit, in which case such new subscribers shall become parties to this asso- ciation, reserving to the State of Georgia the one-third part of one-third such increased capital, to be subscribed for at the first session ..." of the legislature after the capital be so increased; and should ºne the legislature fail to subscribe for the whole or part of the “ capital so reserved, it shall and may be lawful for the direc- tors of the bank to dispose of that part of the capital so re- served for the State, and not subscribed for as aforesaid, to individuals upon the same terms as are prescribed for the disposal of the other part of such increased capital; and upon Theate the State subscribing for such increased capital she shall be . entitled to appoint one additional member of the board of #.". directors, in the same proportion and in the same manner as is prescribed in the fundamental articles of this association: Pro- Proviso. vided, that if any profit shall be made by such disposition, the same shall enure to the use, and benefit of all the stock- holders previous to the time of every such extension and increase. RULE III. None but a stockholder, being a citizen of the State of Wºº." Georgia, shall be eligible as a director, except on the part of the * State, and no director of any other bank shall be at the same time a director of this bank; and if any one of the directors #o be after being elected, shall at any time during the term for which ºr he shall have been chosen, cease to be a stockholder, the re- i. maining directors, or a majority of them, shall at their next * meeting pass an order, declaring him, then ceasing to be a stockholder as aforesaid, to be no longer a director of the said bank, and shall forthwith proceed to fill up by a new election, his place for the remainder of the term for which he may have been elected. RULE IV. The board of directors for the time being shall have power The directors e have power to elect a cashier, and such other officers and clerks under §ºnd & º sº "; a them, as shall be necessary for executing the business of the tºº, © º * gº h company, and to allow them such compensation for their ser-. *::: vices respectively as they may deem reasonable, and shall be ". capable of executing such other powers and authorities of making, revising, altering and annulling all such by-laws and regulations for the government of the said company, and that 24 BANKS..—BANK OF MACON.—1825. of their officers and affairs, as they or a majority of them shall from time to time think expedient, not inconsistent with law, Dispºsition and to use, employ and dispose of the joint stock, funds or pro- of joint stock. perty of the company, (subject only to the restrictions herein contained) as to them or to a majority of them shall seem ex- pedient. * RULE V. sº The cashier, before he enters upon the duties of his office, ** shall be required to give bond with two or more securities, to the satisfaction of the directors, in such sum as the board of directors may by their by-laws order and direct from time to ... of time, with condition for the ſaithful performance of his duties; and the president, cashier and other officers of the bank, shall take the following oath on entering on the duties of their re- oath ºf off- spective offices, “I, A. B. do solemnly swear (or affirm) that cers of the bank. I will well and faithfully discharge the duties of president, cashier, or other officer, (as the case may be) of the bank of Macon,” which oath shall be subscribed and entered on the minutes. RULE VI. tºº. Not less than a majority of the directors shall form a board tº for the transaction of business, of whom the president shall oard, the P. always be one, except in case of sickness or necessary ab- ways being ;..." sence, in which case his place shall be supplied by any other in case of * director, whom the majority of the directors present shall nominate for that purpose. RULE VII. A majority of A majority of the directors shall have power to call a general directors º, meeting of the stockholders, for purposes relative to the con- meeting of th t k- e & * * b - ; cerns of the company, giving at least thirty days notice in one #"... of the newspapers printed in Macon, Milledgeville, Augusta, in the papers. and Savannah, specifying the object of such meeting. RULE VIII. .. That in case of death, resignation or removal of the presi- º dent, the directors shall appoint one of their number to fill the dent what is to be done vacancy, who shall hold the office during the remainder of the term for which his predecessor was elected. RULE IX. :* The shares of the capital stock shall be transferable on the Hºmº" books of the company, according to such rules as, conformable ferable. BºANKS.–BANK OF MACON.—1825. 25 to law, may be established in that respect by the board of directors. RULE X. The bills obligatory and of credit, under the seal of said º.º. corporation, which shall be made to any person or persons, : shall be assignable by endorsement thereupon, under the hand or hands of such person or persons, and of his, her or their assignee or assignees, and so as to absolutely to act [vest] and transfer the property therein to each and every assignee or assignees, to bring and maintain an action thereupon in his, her or their own name or names, and bills or notes, which Bills or notes may be issued by order of the said corporation, signed by the ; to president and countersigned by the principal cashier or trea- ge surer thereof, promising the payment of money to any person or persons, his, her or their order, or to bearer, though not under the seal of the said corporation, shall be binding and obligatory upon the same in like manner and with the same force and effect as upon any private person or persons if issued by him, her or them, in his, her or their private or natural capacity or capacities, and shall be assignable and negociable in like man- Assignable by endorse- ner, as if they were so issued by such private person or per- .j sons; that is to say, those which are or shall be payable to any flºº" person or persons, his, her or their order, shall be assignable by endorsement, and those which are or shall be payable to bearer, shall be negotiable and assignable by delivery only. RULE XI. No transfer of stock in this company shall be binding upon ...yº. the company, unless entered in a book or books kept for that ing. purpose by the company: Provided, that no stockholder in- Proviso. debted to the bank shall transfer his or her stock, until all . debts due said bank by such stockholder shall be paid. RULE XII. That the lands, tenements and hereditaments, which it shall Wººd, Ile- be lawful for the said company to hold, shall be only such as ºr shall be necessary for its immediate accommodations, in re- * * lation to the convenient transaction of business, and such as shall have been bona fide mortgaged to the company by way of security; or conveyed to it, or to some person, in trust ſor the use of the company in satisfaction or security for money actually loaned, or advanced, or in satisfaction of, or security 4 26 BANKS.—BANK OF MACON.—1825. for debts previously contracted or due to the said company, or purchased at sale upon judgments which shall be obtained for such debts; and in every instance in which the said company may become owners or claimants of lands, tenements or here- Tº ditaments, the board of directors are empowered to sell or SalſTle, dispose of the same, in such manner as they shall deem bene- ficial, to the use of said company. RULE XIII. Thººy The company shall in no case directly or indirectly be con- shall not be .." cerned in commerce orinsurance, or in the importation or expor- commerce, &c. tation, purchase or saleofany goods, wares or merchandise what- ever (bills of exchange, notes and bullion only excepted) except such goods, wares or merchandise as shall be truly transferred, conveyed or pledged to them by way of security, for money actually loaned and advanced, or for debts due, owing, or growing due to the said company, or purchased by them to secure such debts, due to the said company, or to effect in- surance on the property that may belong, or be thus pledged to the said company for its security. RULE XIV. All bills, All bills, bonds, notes, and every other contract and engage- bonds, &c. º: ment, on behalf of the company, shall be signed by the presi- :::::::"... dent, and countersigned or attested by the cashier of the com- * pany; and the funds of the company shall in no case be held responsible, for any contractor agreement whatever, unless the same shall be so signed, countersigned or attested as aforesaid, Bºoks,&c. and the books, papers, correspondence, and the funds of the subject to the ºf company, shall at all times be subject to the inspection of the ºr a board of directors, or of a committee appointed for that pur- committee ſºle pose by the legislature. gislature. RULE XV. lºunt The total amount of the debts which the bank shall at any O e jºi time owe, whether by bond, bill, note, or other contract, shall ºwºsºlinot not exceed three times the amount of its capital, (over and exceed three ... above the moneys then actually deposited in the bank for safe amount of its ;ore, keeping.) In case of excess, the directors, under whose adminis- ... ...ne, tration it shall happen, shall be liable for the same in their private capacity, and an action of debt in such case may be brought against them, or any of them, their, or any of their heirs, executors or administrators, in any court in this State having jurisdiction, by any creditor or creditors of the said cor- BANKS.—BANK OF MACON.—1825. 27 poration, and may be prosecuted to judgment and execution, any condition, covenant, or agreement to the contrary notwith- standing. But this shall not be construed to exempt the said corporation, or the lands, tenements, hereditaments, goods, or chattels of the same, from being also liable for, and being chargeable with the said excess. Such of the said directors, who may have been absent when the said excess was con- tracted or created, or who may have dissented from the resolu- tion or act, whereby the same was so contracted or created, may respectively exonerate themselves from being individu- ally liable, by entering, if present, their dissent upon the books of the bank, at the time the debt may be so contracted, and forthwith giving notice of the fact to the stockholders at a general meeting, which each of the said directors shall have power to call for that purpose. RULE XVI. Dividends of the profits of the company, or of so much of the said profits as shall be deemed expedient and proper, shall be declared and paid half yearly; and the said dividends shall from time to time be determined by a majority of the directors, at a meeting to be held for that purpose; and shall in no case exceed the amount of the net profits actually acquired by the company, so that the capital stock thereof shall never be im- paired by dividend. RULE XVII. If the said directors shall at any time wilfully and knowingly, make or declare a dividend which shall impair the capital stock, all directors who shall be present at the making or de- claring such dividend, and assenting thereto, shall be liable in their individual capacity to the said company for the amount or portion of said stock so divided by the said directors; and each director who shall be present at the making or declaring such dividend shall be deemed to have consented thereto, unless he shall immediately declare in writing his dissent on the minutes of the proceedings of the board. RULE XVIII. The directors shall keep fair and regular entries in a book provided for that purpose, of their proceedings; and on every question when one director shall require it, the yeas and nays of the directors voting slrall be duly inserted on their minutes, and those minutes be at all times, on demand, produced to the Such of the directors who dissented to the cause of excess, not liable indi- vidually, &c. Dividends half yearly. Not to exceed the amount of net profits Directors de- claring a di- viden which shall impair the capital stock, shall be lia- ble in their individual capacity, un- less he cause his dissent to be placed on the minutes. The directors to keep a book of en- try. Yeas and mays. 28 BANKs.—BANK OF MACON.—1825. Limitation of the corpora- tion, 1850, but by con- sent may dis- solve sooner. Proviso. On the disso- lution what is to be done. Upon an in- crease of the capital, no person to take more than ten shares until the expira- tion of three months. The direct- ors may es- tablish a branch in Savannah. Not to loan more than 10,000 dolls. to any one person. The directors may establish a branch in Augusta and at Elberton. If said bank fail to re- deem any of its bank bills or notes, shall forfeit its rights, &c. stockholders when at a general meeting the same shall be required. RULE XIX. The corporation shall continue until the first day of January one thousand eight hundred and fifty, but the proprietors of two- thirds of the capital stock of the company, may by their Con- curring vote at a general meeting, to be called for that purpose expressed, by and with the approbation of the State, (should she at the time be a stockholder in the said corporation,) first had and obtained, dissolve the same at any prior period: Provided, that notice be given of such meeting and of its object in one of the newspapers printed at Macon, Milledgeville, Augusta and Savannah, for at least twelve months previous to the time ap- pointed for such meeting. 14. Sec. VIII. Immediately on the dissolution of the com- pany, effectual means shall be taken by the existing directors for closing all the concerns of the company, and for dividing the capital and profits which may remain among the stockholders in proportion to their respective interests. 15. Sec. IX. When the increase of the capital shall take place, no person or persons shall, in his, her or their own right, or in the right of any other person, subscribe for more than ten shares, until after the expiration of three months; and should there be any shares unsold after the aforesaid time, the same may be subscribed for by any person or persons, and the direc- tors shall advertise the same for the space of three months in the newspapers aforesaid. 16. Sec. X. And the said directors shall have power to es- tablish a branch of said bank in the city of Savannah, under such regulations as may by.the board of directors be deemed fit and proper. 17. Sec. XI. Nothing herein contained shall be so construed as to authorize the said corporation to extend the debt of any one individual or co-partnership beyond ten thousand dollars for money loaned. 18. Sec. XII. The directors shall be authorized to establish a branch of said bank at the city of Augusta, and at Elberton, in Elbert county, if they think proper. 19. Sec. XIII. If said bank shall fail or refuse promptly to redeem upon demand any one or more of its bank bills or notes, upon proof of the same, by and under the Seal of a public no- tary being had and obtained, then and in such case the said corporation shall forfeit all and singular its rights, privileges and immunities hereby granted, and the owner or holder of any BANKS.—MARINE AND FIRE INSURANCE BANK, &c.—1825. 29 such bank bills or notes, the payment of which shall have been ...” er may sue refused upon demand, shall be entitled to sue for and recover, ... the principal, over and above the principal and interest accruing from the ..." time of such refusal, ten per cent, damages, and ſor every bank "* bill or note issued after such refusal of payment on demand, the said bank shall, upon conviction of the same, in any court hav-Adº. conviction o ing competent jurisdiction of the same, forfeit and pay over and the same in ..court, shall above the principal, interest and cost of suit, fifty per cent. da- ºr and above the mages upon the amount of the said bank bills or notes, one half pºinºn- terest and to the use of the State and the other half to the use of the ...it informer; and if the bank shall at any time fail or refuse to ...” the state, redeem their metes in specie, and the same shall be protested ...it to the in- before any notoriety [notary] public to the amount of twenty- ... t- te • * If the bank five thousand dollars, or the notes or bills issued by the said fliºn tº º º ecie amy bank should depreciate and not pass currently without a dis- º issued by count on the same of ten per cent. or upwards, the legislature them. they should upon either of those facts being satisfactorily established or depreciate in currency, made known to them (without resorting to the courts of jus- i. ture may de- tice) may declare the charter forfeited, and suspend all further º. charter for- operations of said bank: Provided, that nothing herein con- ...o. tained shall prevent said corporation, in case of forfeiture of their charter, from suing and collecting in their corporate ca- pacity, all debts previously due them, and of being sued and compelled to pay all debts due by said corporation. The said bank shall always be allowed to redeem its bills upon demand made by any other bank, or as agents, with the bills of the bank or its agent making such demand. MARINE AND FIRE INSURANCE BANK OF THE STATE OF GEORGIA. An Act to amend an Act,” entitled, an Act to establish and incor. porate an Insurance Company in the city of Savannah, to be called the Marine and Fire Insurance Company of the city of Savannah, and to grant banking powers to the same. This Act passed 20th December, 1825. P. 33. 20. Sec. I. Be it enacted, &c. That from and after the pas- Name and sage of this Act, the Marine and Fire Insurance Company of style. the city of Savannah shall be known by the name and style of the Marine and Fire Insurance Bank of the State of Georgia; and the said Company, with all such persons as now are or may hereafter become stockholders in said company be, and they are incorporated hereby, made a body politic by the name and —mſ * See Act of 1815, Lainas’ Digest, p. 831. 30 BANKS.–MARINE AND FIRE INSURANCE BANK The board shall have power to elect a cashier and other officers, and allow them a com- pensation for their services. Bills obliga- tory, binding upon the cor- poration. Proviso. Before they exercise any of the fights, &c. shall have 100,000 in specie in their vaults, which fact shall be sworn to by the president, and certified by the in- ſerior court of Chatham county to the governor, then the bank shall be allowed to issue bills to three times that amount, and possess the rights, &c. of an in- corporate banking company, and upon an increase of specie may increase their issues in the same propor- tion. Proviso. style aforesaid, and so shall continue, together with all and sin- gular the privileges, rights and immunities granted heretofore to the Marine and Fire Insurance Company of the city of Savan- nah. The board of directors for the time being shall have power to elect a cashier and such other officers and clerks under them as shall be necessary and proper for executing the business of the said corporation, and to allow them such compensation for their services respectively, as shall to them appear fit and pro- per, and shall be capable of exercising such other powers and authorities for the well governing and ordering of the affairs of the said corporation, as to them shall appear conducive to the interests of the institution. 21. Sec. II. The bills obligatory and of credit, notes and other contracts whatever, shall be binding and obligatory upon said corporation, Provided, the same be signed by the president and countersigned or attested by the cashier of the said corpo- ration, and the funds of the corporation shall in no case be held liable for any contract or engagement whatever, unless the same shall be signed and countersigned or attested as afore- said, and the books, papers and correspondence, and the funds of the corporation, shall at all times be subject to the inspection of the board of directors and stockholders when convened. 22. Sec. III. Before the said corporation shall exercise any of the rights, privileges, and immunities hereby granted, the said corporation shall have bona fide one hundred thousand dollars in specie, actually deposited in their vaults; which amount of specie shall, upon the declaration under oath of the president or cashier of the said corporation, that the said specie is unconditionally the property of the said corporation, to be certified by two or more justices of the inferior court of Chat- ham county, under the seal of the said court, which shall be transmitted to the governor for the time being, when the said corporation shall be allowed to issue bank bills or notes to three times the amount of the said specie so deposited, and to possess, exercise, and enjoy all the rights, privileges, and immunities of an incorporated banking company, subject nevertheless to the restrictions and penalties hereinafter mentioned; and upon the increase of said specie or its equivalent, certified as before pro- vided, the corporation shall have full power to increase their issue of bank notes in the same proportion as before directed, to the amount of said increase: Provided always, that nothing herein contained shall be so construed as to authorize the issue of a larger amount of bank notes than three times the amount of the capital stock of the said corporation. of THE STATE of GEORGIA.—1825. 31 23. Sec. IV. If the said corporation shall fail or refuse promptly to redeem when demanded, any one or more of its bank bills or notes, upon proof of the same by and under the seal of any public notary being had and obtained; then and in such case the said corporation shall forfeit all and singular the rights, privileges and immunities hereby granted, and the owner or holder of every such bank bill or note issued by the said corporation, the payment of which shall have been refused upon demand, shall be entitled to sue for and recover, over and above the principal and interest accruing from the time of such re- fusal, ten per cent. damages, and for each and every bank bill or note issued by the said corporation after such refusal of pay- ment on demand, the said corporation shall upon conviction of the same in any court having competent jurisdiction thereof, forfeit and pay, over and above the principal, interest and cost of suit, fifty per cent. damages upon the amount of said bank bills or notes, one half for the use of the State, and the other half to the informer.” 24. Sec. V. It shall be the duty of said corporation to make an annual report of its condition, issues of notes, &c. in the same mode and manner as is now required by law of the other banks to the general assembly. 25. Sec. VI. That the said corporation have permission and be allowed and authorized to establish a branch of the said bank at the town of Macon, with the consent of a majority of the stockholders, subject to the control, regulation, and direc- tion of the said corporation. 26. Sec. VII. The persons and property of the present and all future stockholders, who may hereafter become stockhold- ers by a transfer of stock in the Marine and Fire lnsurance Company of the city of Savannah, or Marine and Fire Insur- ance Bank of the State of Georgia, shall be pledged and bound in proportion to the amount of the value of share or shares that each individual or company hold, possess, are interested in, or entitled to in the said Marine and Fire Insurance Company of the city of Savannah, or the Marine and Fire Insurance Bank of the State of Georgia, for the ultimate redemption of all notes or bills issued, or that may be hereafter issued, by and from the same Marine and Fire Insurance Company of the city of Sa- vannah, or the Marine and Fire Insurance Bank of the State of Georgia, in the same manner as in common commercial cases or simple actions of debt. If the corpo- ration fail to redeem any of its bills, &c. it shall forfeit its rights, &c. and the owner of such bill, &c. shall be en- titled to sue for and re- cover the amount of the same with interest and cost and ten per cent. damages, and upon convic- tion the said bank shall pay, over and above the principal, interest and cost, fifty per cent. damages, one half to the use of state and the other half to the informer. To make an- nual reports to the legis- ature. Authorized to establish a branch at Macon. .* * And see sec. 28, amending this section. The persons and property of the stock- holders shall be bound, in proportion to the amount of the value of shares that each indi- vidual or company hold, &c. for ultimate re- demption of its notes, &c. issued by them. 32 BANKS.-MARINE AND FIRE INSURANCE BANK #;" 27. Sec. VIII. Upon the expiration of the charter of the 1845. aforesaid Marine and Fire Insurance Company,” as provided for, all and singular the rights, privileges and immunities herein granted to the said Marine and Fire Insurance Bank of the State of Georgia shall also cease and determine. An Act to amend an Act, entitled, an Act, to amend an Act, enti- tled an Act to establish and incorporate an Insurance Company in the city of Savannah, to be called the Marine and Fire In- surance Company of the city of Savannah, and to grant bank- ing powers to the same; passed on the twentieth of December, eighteen hundred and twenty-five.f—And also to regulate intercourse between the several chartered Banks and branch Banks in this State, so far as relates to demand of payment from one another of the notes issued by them respectively. This Act passed 24th December, 1827. P. 44. If the said 28. Sec. I. Be it enacted, &c. That if the said Marine and * Fire Insurance Bank of the State of Georgia shall at any time lect to pay e º #º refuse or neglect to pay and redeem any of its notes or bills, ; ... when payment thereof shall have been demanded of the said *" bank through its proper officer, that then and in such case the persons and property of all and every persons or person, who shall or may be stockholders in the said bank, at the time when such demand shall have been made, shall be liable and bound to the extent and value of the share or shares of the stock so held by such persons or person, for the eventual payment and redemption of the notes or bills of the said bank which it shall neglect or refuse to pay in manner aforesaid. Wººde 29. Sec. II. When any demand shall be made upon the said #.º.º. Marine and Fire Insurance Bank of the State of Georgia, by ank, y sº. any other bank, to redeem any one or more of its bank bills or bank, of any ºes notes, in terms of the fourth section of the aforesaid in part re- ... cited act, that it shall and may be lawful for the said Marine and Fire Insurance Bank to tender in payment to such other bank its own notes and bills, which tender shall relieve the said Marine and Fire Insurance Bank of the State of Georgia from the penalties and forfeitures mentioned in the said fourth section of the said in part recited act. 30. Sec. Ill. If any persons or person, co-partnership, or body politic, shall at any time hereafter refuse or neglect to pay into * Thirty years from date of charter, 1815, which will be in the year 1845. f The foregoing act. OF THE STATE OF GEORGIA.—1827. 33 the said bank, any instalment of the amount due by such per- . SOIn Ol' O6P- Sons or person, co-partnership, or body politic, on the stock . （i.e. held or owned by such persons or person, co-partnership, or tº: body politic, the shares or share upon which such failure shall tº, happen or accrue, shall be forfeited to the use of the said bank, º and may be again sold and disposed of for the use and benefit º thereof: Provided, that sixty days previous notice of the time to thºuse of said bank, within which, and the place where such payment is required to ºbe sold for its be made, be published in at least one public gazette of Savan- ; mah, Augusta, and Milledgeville. 31. Sec. TV. Dividends of the profits of the said bank, or of . half yearly, so much thereof as shall be deemed expedient and proper, shall yearly be declared and paid half yearly; and the said dividends shall from time to time be determined by a majority of the directors, at a meeting to be held for that purpose, and shall in no case ...” exceed the exceed the amount of the net profits actually acquired by the ...";" company, so that the capital stock thereof shall never be im- Pº" paired by dividends. 32. Sec. V. Whenever any chartered bank, or the branch of Whenever any bank or any chartered bank, of this State, or by its officer, agent, or other i. shall demand person, shall demand payment of the notes of any other char- ...” bank or tered bank, or of the notes of any branch of any chartered bank, * it shall be lawful for the bank or branch bank of which pay- ...". ment may be demanded, to redeem its notes with, and tender º. same in the in payment of the same, the notes of the bank or branch bank ...}. making the demand; and if the bank or branch bank making º º the demand, shall refuse to receive its own notes in payment of iº its own notes the notes of the bank or branch bank on which the demand inpayment, it shall not may be made, it shall not be lawful for the bank or branch : bank so refusing to receive its own notes in payment, to recover cost of suit. from the bank or branch bank making the tender of them, inter- est upon the amount of the notes for the payment of which it refused its own notes, or cost of suit: Provided nevertheless, that if Proviso. the payment of the notes of any chartered bank, or branch of any chartered bank of this State, shall be made by the branch of any other chartered bank of this State, the branch making the de- mand shall not be compelled to receive in payment any notes but such as are made payable at the branch bank making the demand, and for refusal to receive any other than the notes liable to be redeemed by it, the principal bank of which it is a branch shall notincur the penalty herein before prescribed.— And provided further, that nothing herein contained shall be construed to extend to any individual making demand of any 34 BANKS.–1826. The benefits intended by this act, how far to extend. Rate of inter- est between banks, other institutions and brokers, at the rate of 4 per cent. per annum. Proviso, bank or branch bank for payment of its notes; but if the cash- ier of any bank or branch bank shall suspect that any individual is demanding payment of its notes, and that the same belong tö any other bank or branch bank, then the cashier may refuse payment until affidavit be made by the person making the de- mand, that the note or notes presented by him for payment, is not the property of any bank or branch bank, but his own, or of some individual for whom he is agent. * 33. Sec. V1. The benefits intended by this act shall not extend to any bank having branch or branches, unless the notes issued by its branch or branches shall express in the face of them that they will be paid at the branch from which they issue. 34. Sec. VII. All acts or parts of acts militating against the provisions of this act, be, and the same are hereby re- pealed. An Act to regulate the Intercourse between the Banks of this State and other Institutions and Brokers.--Passed 22d De- cember, 1826. P. 36. ſº 35. Sec. I. Be it enacted, &c. That any bank or other in- stitution, which is or shall or may be incorporated by the gene- ral assembly of the State of Georgia, or other lawful authority of the United States, or any one of them, or any broker, or any agent, attorney or officer of any broker or bank or other insti- tution as aforesaid, shall at any time after the passage of this act, collect, acquire, purchase or receive, whether in deposit or otherwise, the bill or bills, note or notes, or other security or securities of any bank or banks which is, or are, or shall or may be incorporated by the general assembly of this State, or located in this State by lawful authority, such bank or other institution or broker, agent, or attorney, or officer so collecting, acquiring, purchasing or receiving such bill or bills, note or notes, or other security or securities, shall not be entitled to claim, demand, have, recover, or receive of or from such other banks so incorporated or chartered by the general assembly of this State, or located therein by lawful authority as aforesaid, interest on such bill or bills, note or notes, or other security or securities, above or beyond the rate of four per centum per annum: Provided, that nothing herein contained shall autho- rize or allow any bank to refuse redeeming any of its bills which shall have been received in payment for land at any United States land office upon demand for payment made by any United States agent. BANKS..—BANK OF DARIEN.—1826. 35 36. Sec. II. Whenever a demand shall be made for specie upon either of the banks incorporated by the general assembly of the State of Georgia, or upon any bank located therein by lawful authority, and the president or cashier of the bank upon which the demand shall be made, shall suspect or believe that When a de- mand shall be made for specie, and the president shall suspect that the per- son demand- ing the same is the officer, ent, &c. the person demanding specie is the officer, agent or attorney of #. any broker, or any incorporated institution whatever, whether authorized by the general assembly of the State of Georgia, or located therein by lawful authority, any of the States, it shall be lawful for the cashier or president of the bank from which specie shall be demanded, to require the person or persons making the demand, to take an oath before a judge, justice or magistrate, in the presence of said president or cashier, that he is not acting as the officer, agent or attorney of any broker, or of any incorporation whatever; and in case of a refusal to take said oath by the person or per- sons demanding specie, then such person or persons shall not be entitled to claim, demand, recover, or receive intereston such bill or bills, note or notes, beyond the rate of four per centum per annum. 37. Sec. III. Nothing in this act shall be so construed as to deprive individuals (brokers or their agents excepted), who may demand specie for themselves for the notes or bills or other securities of either of the banks incorporated by the general assembly of the State of Georgia, or located therein by lawful authority, from the same privileges and advantages in obtain- ing specie or interest, as now exist by the laws of this State. BANK OF DARIEN. An Act to amend an Act, entitled, an Act to incorporate the Bank of Darien, passed the fifteenth day of December, in the year eighteen hundred and eighteen.”—This act passed 22d No- vember, 1826. P. 39. Whereas, doubts have been entertained whether the Bank of Darien could take a conveyance of real estate or hold or reconvey the same: 38. Sec. I. Be it enacted, &c. That from and after the passing of this act, it shall and may be lawful for the said cor- poration to hold all such lands, tenements, and hereditaments, * See Prin. Dig, 45. See further in sec. 116. &c. the presi- dent shall re- quire the per- son making the demand or created by authority of ºean oath, that he is not acting as the officer, agent, &c. of any broker, &c. and in case of refusal, then he shall not be enti- tled to claim, &c. interest beyond the rate of 4 per cent. per an- Iluliſle Not to pre- vent indivi- duals, who may demand specie for themselves of any of the banks of the State. The bank of Darien may hold such lands, &c. as they may have had mortgaged or bought at sales, in the collection of their own debts. 36 BANKS.--BANK OF AUGUSTA.—1826. as shall have been or may be bona fide mortgaged to it by way of security, or conveyed to it in Satisfaction of debts previously contracted in the course of its dealings, or purchased at sales upon judgments which shall have been obtained for such debts. Alſº. 39. Sec. II. All conveyances heretofore made to the said {... " corporation, of any lands, tenements, and hereditaments, shall be held and deemed valid and effectual at law and in equity— any law to the contrary notwithstanding. Resolution of 20th December, 1827. P.217. The committee to whom was referred the governor's com- munication on the subject of a proposition made by the Bank of Darien, through their agent, Dr. James Troup—Report: That the legislature accede to said proposition, to wit: that said bank according to its solemn pledge will pay into the State treasury annually, commencing from the first of January next, $150,000 in the bills of banks receivable at the treasury, one half of said amount to be paid semi-annually, until the whole amount of Darien money now in the treasury be redeemed: Provided, that this resolution shall not debar or prevent any future legislature from making such disposition of the bills of the Darien Bank now in the treasury of this State, as they may deem proper. BANK OF AUGUSTA. An Act to eactend the Charter of the Bank of Augusta, and to authorize an increase of the Capital.--Passed 22d December, 1826. P. 41. Whereas, the Directors of the Bank of Augusta in conform- ity with instructions from the stockholders, have applied by petition to the general assembly, for an extension of the char- ter, and for leave to increase the capital of said bank in certain CaSéS. charter pro. 40. Sec. 1. Be it enacted, &c. That the charter of the bank #" of Augusta be, and it is hereby declared to be prolonged to the first day of May, in the year one thousand eight hundred and fifty.* stockholders 41. Sec. II. That it shall be lawful for the stockholders of may increase º e . the said bank, at any meeting to be called for the purpose, and In OU, eXCeeCi- ing in the tºo doll 600,000 dolls. . º * Original charter limited its duration to the first day of May, 1830. Prin. Dig. sent capital. p. 34. BANKS.—BANK of THE STATE of GEORGIA.—1826. 37 in the manner prescribed in the existing charter, to increase the capital of said bank from time to time, and in such por- tions, as they may deem to be expedient, not exceeding in the whole six hundred thousand dollars in addition to the present capital of the said bank.” 42. Sec. Ill. Upon every such increase being agreed upon, ºth part of the in- by a decision of the stockholders, one-sixth part of such in- ;...; tal reserved creased stock shall be reserved for the State at par, until the ºº end of the session of the legislature next after the capital shall be so increased, and that the other five-sixths shall be disposed of by the directors for the time being, in the manner pointed out by the second rule of the original charter for the benefit of the individual stockholders, if any benefit there should be in the disposition thereof, the interest of the State in such cases being equalized by receiving its portion of such increased stock, at par, as hereinbefore provided. BANK OF THE STATE OF GEORGIA. An Act further to amend an Act to incorporate a Bank to be called the Bank of the State of Georgia, passed the sixteenth day of December, eighteen hundred and fifteen.f-This act passed 18th December, 1826. P. 40. Whereas, by the sixth section of the act to incorporate the bank of the State of Georgia, it is enacted that for the well or- dering of the affairs of said corporation, there shall be fifteen directors, nine of whom shall be elected by the stockholders, and six by the State—and whereas experience has proved that it is proper to reduce the number of directors. 43. Sec. T. Be it enacted, &c. That the number of directors The number of Directors of the bank of the State of Georgia, from and after the passage tºº." of this act, shall be ten, six of whom shall be elected by the ...; holders, and stockholders, and four by the State. four by the State. 44. Sec. II. Not less than six directors, being a majority of ..." power to do the whole board, shall have power to do business, excepting ... tº gº t in Jul during the months of July, August, September and October, in § §. g e I? t. every year, when four directors, who must be unanimous, and º, who bei i- lº act. * Original capital, three hundred thousand dollars: fifty thousand reserved to the State. Prin. Dig. p. 31. t See Prin. Dig. p. 41. By acts of 1830, p. 40, the charter is extended to the 16th December, 1855. By acts of 1830, p. 34, a new bank is incorporated in Augusta, called the “Mechanics' Bank.” 38 BANKs.—SAVINGs BANK of AugustA.—1827. Name and style. Time of electing offi- CerS, Power of holding, &c. property. of whom the president, or president pro tempore, must always be one, shall constitute a competent number, any thing con- tained in the act of incorporation to the contrary notwith- standing. SAVINGS BANK OF AUGUSTA. An Act to incorporate the Savings Bank of Augusta.-Passed December 18th, 1827, P. 37. Whereas, a number of the citizens of Augusta and its neigh- bourhood, under the title of “The Augusta Savings Bank,” have voluntarily associated themselves as a society for the sole purpose of receiving and investing in public stock and substan- tial Security on real estate or otherwise, such sums as may be deposited by individuals, and of affording to them the advan- tages of Security and interest: And whereas the members of this society by their memorial to the legislature have prayed to be perpetuated and brought into legal existence by being in- corporated and established by law, with perpetual succession, for the purpose of receiving, holding, and improving in such way as to them may seem proper, all such real and personal estate as the said institution shall become possessed of or enti- tled to, by gift, grant, devise, bequest, purchase, deposit, loan and payment, for the purposes of said institution—Therefore, 45. Sec. I. Be it enacted, &c. That [here twenty-one per- sons are named, who] and their successors in office, for ever be, and they are hereby erected and made one body politic and cor- porate in deed and in law, by the name, style and title of “The Augusta Savings Bank,” and by the same name shall constitute a board of appointment, having perpetual succession, with power, annually, on the second Monday of January in each and every year, to elect a board consisting of seven man- agers, for the regulation of the concerns of the said savings bank, and are hereby made able and capable in law to have, purchase, receive, take, hold, possess, enjoy and retain to them and their successors, lands, tenements, hereditaments, stock, goods, chattels and effects, of what kind, nature or quality soever, whether real, personal, or mixed, by gift, grant, demise, bargain and sale, devise, bequest, testament, legacy, loan, de- posit, or advance, or by any other mode of conveyance or transfer whatever, and the same to give, grant, bargain, sell, demise, convey, assure, transfer, alien, pay, release and dispose of, for the whole or any less estate or property than they have BANKS.—SAVINGS BANK OF AUGUSTA.—1827. 39 i. in the same, and also to improve and augment the same, in such manner and form as said society by their by-laws and regulations shall order and direct, and shall and may apply the same, with the rents, issues, income, interest and profits of such estate, and the moneys arising from the sale, alienation, dispo- sal or employment thereof, to the uses, ends and purposes of their institution, according to the rules, regulations and orders of their society, now in force or which, acording to the provi- • Sions hereinafter made, shall from time to time be declared, touching the same, as effectually and fully as any person or body politic or corporate within this State, by the constitution and laws of this State, can do and perform. And the said institu- The institu- tion, by the name, style and title aforesaid, shall and may sue and . . be sued, plead and be impleaded, answer and be answered, de- fend and be defended, in all courts of law within this State and and may elsewhere, and also make, have and use a common seal, and ...ause a. COI). In OIl the same break, alter and renew at their pleasure, and shall . make, alter, have power also to make, establish, ordain and put in execu- ...; tion such by-laws, ordinances and regulations as shall to them º or a majority of such quorum of them (as has already or shall ºy hereafter be directed) seem meet or convenient for the govern tº ment of such corporation, not being contrary to the constitution and laws of this State, and generally to do and execute all and singular such acts, matters and things which to the said corpo- ration shall or may appertain and be necessary for the pur- poses thereof, subject nevertheless to the rules, regulations, restrictions, limitations and provisions herein prescribed and declared. 46. Sec. II. The following rules, limitations and provisions shall form and be fundamental articles of the constitution of the corporation. ARTICLE I. The board of appointment shall have power each year to Mode and g * time of choose by ballot, from its own body, a president and other lºng its * i g president and officers, at the time of their annual meeting on the second ºne off. g g C6'1'S, Monday of January, and also to fill all vacancies which may occur among them by death, resignation or otherwise; and at such meeting eleven members shall constitute a quorum. ARTICLE II. The bank shall be conducted by Seven managers, chosen Number of managers, annually by the board of appointment, who shall each and ºf º: every year, at such time as shall be designated in the by-laws ten Chosen. 40 BANKS.–SAVINGS BANK OF AUGUSTA.—1827. May appoint Such officers as their bu- siness may require. Manner of filling vacan- cies. No president, &c. to receive any pay. .Amount of deposits. Time the di vidend is to be declared. Deposits and payments to be entered regularly. Deposits to be paid on In Otlee. The mana- gers to meet; the amount of a quorum of the institution, choose from among its own body a president, and shall have power to appoint a secretary, treasurer, and such other officers as the business of the corporation may require, with such compensation as they may determine. ARTICLE III. The managers shall have power to fill up by ballot any va- cancy which may occur in their own body or officers, two- thirds of the number present to agree to all removals and new appointments, and no appointment or removal to take place when a less number than five managers are present. ARTICLE IV. No President or Manager shall receive directly or indirectly any pay or emolument for his services. ARTICLE V. Deposits of not less than two dollars, but of any larger sum shall be received. ARTICLE VI. On the first Monday of June and December in every year, if the funds of the institution shall warrant it, there shall be de- clared and paid a dividend on all sums which shall have been deposited, at such rate of interest as the board of managers shall direct, interest to be calculated only from the first day of January, April, July, and October in each year, and not hav- ing relation to the time of deposit, provided deposits shall be made at any intermediate period between those dates, nor shall interest be allowed for fractional parts of a month. ARTICLE VII. The deposits and payments shall be regularly entered in the books of the office, and every person depositing money shall be furnished with a duplicate of his or her account in which every deposit or payment shall be regularly entered as soon as made; no money shall be drawn out under five dollars, unless to close an account, and all deposits shall be repaid when required, on giving two weeks notice. ARTICLE VIII. The managers shall meet at least once in every month, and five shall be a quorum, except in the months of July, August and September, when three members shall constitute a quorum BANKS.—SAVINGS BANK OF AUGUSTA-1827. 41 for the transaction of business; the books, treasurer's accounts, and other documents shall be produced at such meetings. ARTICLE IX. The mana- The managers shall be at liberty at any time, to refuse de-º. posits, and on giving one month's notice, to return such as have iº ceive depo- been made, with interest thereon, to be calculated to that time ** and no longer. ARTICLE X. A report shall annually be prepared by three auditors, who Alepºrt to be annual- e l d shall not be managers or officers of the corporation, chosen ºut. by the board of appointment from their body or elsewhere, and jº. such report shall be published in one or more of the gazettes ...* of the city of Augusta, and the managers shall annually trans- º' mit one copy of the said report to the governor, and by him “ to be laid before the legislature of the State of Georgia. ARTICLE XI. No manager, officer or agent of the Savings Bank shall be ... money from allowed directly or indirectly, to borrow any money or moneys ::::::::::. from the said bank, nor shall the said bank have, hold or pur- ºld tº tº te, chase any notes, bonds, mortgages or other securities for the ..., &c. against payment of money drawn or endorsed by or existing against anyºnger. any manager, officer or agent of the said Savings Bank. ARTICLE XII. The officers elected pursuant to this act, shall be and con- Present ºff- cers, how tinue in office until others are appointed, and no misnomer of . continue in the said corporation in any deed, testament or gift, grant, devise ...? misnomer in or other instrument, or other contract or conveyance, shall jº." vitiate or defeat the same, if the said corporation shall be suffi- ...” ciently described, to ascertain the intent of the party or parties, to give, devise, bequeath, assure to or contract with the corpo- ration hereby created by the name aforesaid—nor shall any of º the non-uses of the said privileges hereby granted, create any “. forfeiture of the same, but such privileges may be exercised by the said corporation, notwithstanding any failure to meet at any of the times appointed herein, or that may be appointed by the by-laws and ordinances of the said society, for the purpose of holding their annual or other meetings for elections or for other subjects for consideration—the officers then in office shall con- tinue to hold and exercise their respective offices until others 6 42 BANKS.-AUGUSTA IN SURANCE shall be duly elected to succeed them, at some future meeting of the said institution, which the said corporation is hereby au- thorized to hold for such purpose. ALJGUSTA INSURANCE AND BANKING COMPANY. An Act to incorporate the Augusta Insurance and Banking Company of the city of Augusta, and to repeal the Act passed on the ninth day of December, eighteen hundred and twenty- two. This Act passed 26th December, 1827. P. 41. 47. Be it enacted, &c. [Here nine persons are named, who] or any three or more of them, be and they are hereby constituted ... a board of commissioners, whose duty it shall be to open a book intion to º. of subscription for shares in said company; which book shall #... be opened on the first Monday in February next, and shall con- *:::::::ion. tinue open for twenty days, at such place and for so many hours in each day as the said board of commissioners may determine on ; during which time it shall be lawful for any person or per- sons, citizens of this State, to subscribe for any number of shares not exceeding one hundred; and if the whole amount of capital hereinafter mentioned be not subscribed for, at the ex- piration of said twenty days, it shall then be lawful for any citizen or citizens, or for any corporation or body politic within this State, to subscribe for any number of shares remaining un- subscribed for. Board to give 48. Sec. II. Said board of commissioners shall give notice notice of the . time and in the public newspapers of Augusta, at least one week before place of open- wº g tº º tº in: boºk of the opening of said book of subscription, of the time and place subscription. e tº º § of subscribing; and that said commissioners may require from ::::::::: each subscriber, a sum not exceeding five per cent. on the ...” amount subscribed by him, her, or them, to be paid into the hands of said commissioners at the time of subscribing. sº 49. Sec. III. The stockholders in said institution shall be, tic. and they are hereby declared to be a body corporate and poli- Nº and tic, under the name and style of the Augusta Insurance and may sue and Banking Company, and by that name and style may sue and *** be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this state or elsewhere, having competent jurisdiction; and shall enjoy perpetual suc- *** cession of officers and members; may have and use a common iº by seal; may make, ordain and establish such by-laws, rules, and regulations, as they may deem expedient and necessary to Proviso. carry into effect the objects of this institution; Provided, such AND BANKING COMPANY.-1827. 43 by-laws, rules, ordinances, and regulations, be not repugnant to the laws or constitution of this State, or the United States. 50. Sec. TV. The capital stock of said company shall not exceed five hundred thousand dollars, which shall be divided into shares of one hundred dollars; but the company may com- mence business as soon as one hundred thousand dollars shall have been paid in specie, or the notes of specie paying banks; and that upon the expiration of the said twenty days herein before allowed for subscribing, it shall be the duty of said com- missioners to convene the stockholders or subscribers, by giving ten days notice in the public newspapers of Augusta, of the time and place of meeting, who may then, or at any time there- after, proceed to elect a board of directors, under such rules and regulations as they may adopt for that purpose. 51. Sec. V. The directors so appointed shall, at their first meeting thereafter, proceed to the appointment of a President from among their own body; and the said president and direc- tors may appoint such officers under them, as they may deem necessary and expedient for carrying the provisions of this act into effect. 52. Sec. VI. The said company, when organized as afore- said, shall have full power and authority to insure property and effects of every nature and description, against losses by fire or water, and all other accidents, dangers and casualties for which insurance companies are usually established, or to buy or sell life annuities. 53. Sec. VII. Said company shall be bound to pay all losses on property or other assurances made by them, within six months after the happening thereof. And in all cases where the claimant shall be compelled to institute a suit for the reco- very of such losses, the same shall stand in order for trial at the first term, and the amount recovered shall be on interest from and after the expiration of the said six months; and if the said company shall neglect or refuse to pay such losses within the said six months, where there is no dispute as to the amount claimed, or within ten days after final recovery against them in cases disputed, then, and in such event, this charter may be declared null and void. 54. Sec. VIII. The said company shall have power to re- ceive, hold, purchase and possess any property, real or personal, for the use, benefit or advantage of Said corporation, and to sell and dispose of the same ; and they are hereby declared to be vested with all the powers, advantages, privileges and emo- Amount of capital stock to exceed In Ot 500,000 dolls. Shares 100 dolls. lls Stockholders to be conven- ed. The directors may appoint a president from their own body. Power of in- suring pro- perty. Shall pay all losses within six months. Where suit is commenced to recover loss, it shall stand for trial at the first term. Power to hold and possess pro- perty, and dispose of the Säſſlee BANK.—MERCHANTS AND PLANTERs' BANK.—–1827. luments of an association of persons incorporated for the inten- tions and purposes aforesaid. 55. Sec. IX. The said corporation shall and may continue for and during the term of thirty years from the passage of this act, unless the same should be forfeited according to the provi- sions thereof. 56. Sec. X. Said company shall be permitted, and they are hereby authorized, to issue bills or notes of credit, payable to bearer on demand, signed by the president, and counter- signed or attested by the cashier, to the amount of the capital stock paid in : Provided, that no bills of credit shall be issued as aforesaid, unless by consent of the owners of three-fifths of the stock of said company. 57. Sec. XI. All bills or notes of credit issued as aforesaid shall be paid on demand at the company's office. 58. Sec. XII. And be it enacted, &c. That an act entitled an act to incorporate the Georgia Mutual lnsurance Company, and to repeal the act heretofore passed for that purpose, which was assented to on the 9th day of December, 1822, be and the same is hereby repealed. MERCHANTS AND PLANTERS’ BANK. An Act to incorporate the Merchants and Planters' Bank, in the hty of Augusta.--Passed 26th December, 1827. P. 47. 59. Sec. I. Be it enacted, &c. That a bank shall be esta- blished in the city of Augusta, the capital stock whereof...shall be three hundred thousand dollars, to be divided into three thousand shares, of one hundred dollars each, of which two hundred shares shall be reserved until the first day of January, eighteen hundred and twenty-nine, on the original terms, then or at any prior time to be taken by the State, according to the pleasure of the legislature, whereby the State at any subsequent election shall be entitled to the appointment of two directors; and if they be not taken by the State, to be disposed of in manner hereinafter provided; and also with the privilege of increasing such capital at any time thereafter, as the stock- holders may desire, to the sum of six hundred thousand dollars, which sum shall be divided into shares as above. 60. Sec. II. [Here follow the times and places and number of shares, the books are to be opened and shares subscribed for, and who under the superintendence of:] a majority of whom shall be competent to the discharge of their duties, and the BANKs.—MERCHANTS AND PLANTERs' BANK.—1827. 45 books of subscription shall be kept open for the space of three ...; days, during which time it shall and may be lawful for any per- **** son or copartnership, being citizens of the United States, corpora- tion or body politic established in the United States, to subscribe for any number of shares, not exceeding fifty, except as here- inbefore provided relative to the State : Provided, that if the whole number of shares be not taken up within the space of three days as aforesaid, then and in that case, it shall and may be lawful for any person or copartnership, being citizens of the United States, corporation or body politic, established in the United States, to subscribe for any number of shares unsub- scribed for as aforesaid; and the sums respectively subscribed for shall be payable in manner following, viz. ten per cent. at the time of subscribing, ten per cent. at the expiration of sixty days thereafter, and the balance of eighty per cent. So sub- scribed for, at such times as the same shall be required by the directors: Provided, that sixty days previous notice of the time at which payment is required to be made, be given in one of the gazettes of Augusta, Savannah, and Milledgeville; and provided that no payment shall be required at any time be- tween the first of July and the first of November, in any year. 61. Sec. III. If there shall be a failure in the payment of any Incase of te e º . tº failure to pay sum subscribed by any person, copartnership, or body politic, i. when the same is required to be paid by this act, or when it º shall be required to be paid by the directors, the share or shares upon which such failure shall happen or accrue, shall be for Such failure forfeited, and may be again sold and disposed of in such manner as the directors shall order or provide; and the proceeds from such sale, together with the sum or sums which may have been paid thereon, shall accrue to the benefit of the said corporation. 62. Sec. IV. All religious, charitable, and literary, corporate ºs- institutions within the State, shall be allowed to deposit any ºtein. stitution in sum not exceeding fifty thousand dollars at any time during the ºl. owed to de- existence of the hank, for which scrip shall be issued at par tºº. value of the stock, entitling them to receive dividends on the ** same terms with any other stockholder: Provided always how- proviso. ever, that in case such religious, charitable, or literary institution shall be disposed to sell such scrip at any time thereafter, that in such case it shall be first tendered to the bank at the price given for it, and only in case of a refusal on the part of the bank to purchase said scrip so tendered, shall it be lawful for them to dispose of the same elsewhere. 63. Sec. W. All those who shall become subscribers to the 46 BANKS.–MERCHANTS AND PLANTERS’ BANK.—1827. said bank, their successors and assigns, shall be, and they are hereby created and constituted a corporation and body politic, ** by the name and style of “The Merchants and Planters' Bank,” May hold and by that name shall be and they are hereby made able and prºpºse capable in law, to have, purchase, receive, possess, enjoy and retain to them and their successors, lands, rents, tenements, hereditaments, goods, chattels and effects of whatsover kind, nature, or quality, the same may be ; and the same to sell, grant, demise, alien, or dispose of; to sue and be sued, plead and be impleaded, answer and be answered, defend, and be defended, in courts of record, or any other place whatsoever, *...* and also to make and have a common seal, and the same to Seal, break, alter and renew at their pleasure; and also to ordain, tººl establish and put in execution such by-laws, rules and regu- lations as shall seem necessary and convenient for the govern- Proviso. ment of the said corporation: Provided, that such by-laws, rules and regulations be not contrary to the constitution and laws of this State, or of the United States; and generally to do and execute all and singular such acts, matters and things as to them shall or may appertain, subject nevertheless to the rules, regulations, restrictions, limitations and provisions herein- after prescribed. Nine direct. 64. Sec. VI. For the well ordering of the affairs of the said tº” corporation, there shall be nine directors, who shall be elected as soon as gold and silver coin to the amount of twenty per cent. of the subscriptions for the said stock shall have been to be elected received. And in each and every year thereafter, the directors """ shall be chosen by the stockholders or proprietors of the capital Plurality of stock of said corporation, when a plurality of votes given in, hººke shall be required to make a choice; and those who shall be a choice. º * & duly chosen at any election, shall be capable of serving as di- ºne ofter rectors, by virtue of such choice, until the end or expiration of 5 * the first Monday of January next ensuing the time of such shall choose election and no longer. And the said directors at their first a president. g * g meeting after each election shall choose one of their number º, i.... as president; and in case of his death, resignation, or removal filled. from the State or from the board of directors, the said direc- tors shall proceed to fill the vacancy by a new election for the remainder of the year: Provided always, and be it further enac- As soon as ted, That as soon as the sum of twenty-five per cent. as afore- the sum of ºi said shall have been actually received by the commissioners in paid in, shall ... * the several towns where the books may have been opened on time and }...” account of the subscriptions to the said stock, such sums shall tion for di- .." immediately thereafter be transmitted by them to the commis- ThANks.—MERCHANTS AND PLANTERS’ BANK.—1827. 47 sioners in Augusta, whose duty it shall be, on the receipt of the amounts so transmitted, to give notice thereof in one at least of the gazettes of Augusta, Savannah, Milledgeville, Washington, and Athens; and at the same in like manner notify a time and place within the said city of Augusta, at the distance of ninety days at least from the date of said notification for proceeding to the election of directors, and it shall be lawful for election to be then and there made; and the persons who shall be then tº and there chosen, shall be the first directors, and shall receive ºnce from the said commissioners the money which may have been received by them, and shall be capable of acting by virtue of such choice until the end or expiration of the first Monday in January next ensuing the time of making the same, and shall forthwith thereafter commence the operations of the said bank at the said city of Augusta: And provided further, That in case 1ſthere it should at any time happen,that an election of directors should flºº." have an elec- not be made, upon any day when pursuant to this act it ought . to have been made, the said corporation shall not for that cause y e be deemed to be dissolved, but it shall be lawful on any other day to hold and make an election of directors in such manner as shall have been regulated by the rules and by-laws of the said corporation; and provided that in case of the death, re-In case of the vacancy signation, absence from the State, or removal of a director, his ºfthe directors, place may be filled up by a new choice for the remainder of the . place may be year by the remaining directors. filled. 65. Sec. VII. The directors for the time being shall have hºl. may appoint power to appoint such officers and clerks under them as shall ...” may be be necessary for executing the business of the said corporation, º, and to allow them such compensation for their services respec- ..." tively as shall be reasonable; and shall be capable of exercising such other powers and authorities for the well governing and ordering the affairs of the said corporation, as to them shall ap- pear conducive to the interest of the institution. 66. Sec. VIII. The following rules, regulations, limitations, and provisions, shall form and be fundamental articles of the Constitution of the said corporation. 1st. The number of votes to which each stockholder shall ..., stockholder be entitled, shall be according to the number of shares he shall ...". º tº lated b hold, each share to be entitled to one vote: Provided, that no à. º º f shares share or shares shall confer a right of suffrage, which shall not hº own, and the have been holden three calender months previously to the day ºwn. of election, and unless it be holden by the person in whose ing them. name it appears, absolutely and bona fide in his own right, or in that of his wife, and for his or her sole use and benefit, or as 48 BANKS.—MERCHANTS AND PLANTERS’ BANK.—1827. executor, administrator, or guardian, or in the right and use of some copartnership, corporation, or Society, of which he or she may be a member, and not in trust for or to the use of any other person; any stockholder being absent, may authorize by power of attorney under seal, any other stockholder to vote for him, her, or them. Eligibility of 2d. None but a stockholder, entitled in his own right to ten “ shares, and being a citizen of this State, and not being a director *::::::::. of any other bank, shall be eligible as a director; and if any lºy one of the directors after being elected, shall at any time during the term for which he shall have been chosen, cease to be a stockholder, his seat shall thereupon become vacated, and the remaining directors or a majority of them, shall at their next meeting pass an order declaring him no longer to be a director. The presi- 3rd. The stockholders shall make such compensation to the dent to have i.” president for his services as shall appear to them reasonable. tion. *:::::ii. 4th. Not less than five directors shall constitute a board for #" the transaction of business, of whom the president shall always be one, except in cases of sickness or necessary absence, in which case his place may be supplied by any director, appoint- ed by the board of directors present for that purpose. How a meet- 5th. A number of stockholders, not less than twenty, who ing of the º sº together, shall be proprietors of two hundred shares or upwards, ed. shall have power at any time to call a meeting of the stock- holders for purposes relative to the institution, giving at least sixty days notice in a public gazette at Augusta, in the city of Savannah, in the city of Milledgeville, and at Washington and Athens, specifying in such notice, the object or objects of such meeting. The cashier 6th. The cashier or treasurer of the bank for the time being, to give bond º * before he enters upon the duties of his office, shall give bond ties in a sum ;" with two or more securities to the satisfaction of the directors, * * in a sum not less than twenty thousand dollars, with condition for his good behaviour and the faithful discharge of his duties. Wººds 7th. The lands, tenements and hereditaments which it shall º be lawful for the said corporation to hold, shall be only such as shall be requisite for its immediate accommodation in relation to the convenient transaction of business; and such as shall have been bona fide mortgaged to it as security or conveyed to it in satisfaction of debts previously contracted in the course of its dealings, or purchased at Sales upon judgments which shall have been obtained for such debts. The amount, 8th. The total amount of debts which the said corporation of debts they gº º mayowe shall at any time owe, whether by bond, bill, note or other BANKS.–MERCHANTS AND PLANTERS' BANK.—1827. 49 contract, shall not exceed three times the amount of their capital stock, over and above the amount of specie actually deposited in their vaults for safe keeping; in case of excess, the directors, under whose administration it shall happen, shall be liable for the same in their individual, natural, and private ca- pacities, and an action of debt may in such case be brought against them, or any of them, their or any of their heirs, exe- cutors or administrators, in any court of record in the United States, having competent jurisdiction, or either of them, by any creditor or creditors of the said corporation, and may be prose- cuted to judgment and execution, any condition, covenant or agreement to the contrary notwithstanding; but this shall not be construed to exempt the said corporation, or the lands, tenements, goods and chattels of the same, from being also liable for and chargeable with the said excess. And such of the said directors who may have been absent when the said excess was contracted or created, or who may have dissented from the resolution or act whereby the same was so contracted or created, may respectively exonerate themselves from being so liable, by having their dissent, if present, entered on the minutes of the said corporation. 9th. The directors shall have power to issue to the sub- scribers their certificates of stock which shall be transferable on the books of the cashier only, by personal entry of the stock- holder, his legal representative or attorney, duly authorized by special power for that purpose. 10th. The company shall in no case directly or indirectly be concerned in commerce or insurance, or in the importation or exportation, purchase or sale of any goods, wares or merchan- dise whatever (bills of exchange, notes and bullion only ex- cepted), except such goods, wares or merchandise as shall be truly transferred, conveyed or pledged to them by way of secu- rity for money actually loaned and advanced, or for debts due, owing or growing due to the said corporation, of purchased by them, to secure such debts so due to the said corporation, or to effect the insurance on the property that may belong or be thus pledged to the said company for its security. 11th. The bills obligatory and of credit, notes and other con- tracts whatever on behalf of the said corporation, shall be binding and obligatory upon the said company, provided the same be signed by the president and countersigned or attested by the cashier of the said corporation, and the funds of the cor- poration shall in no case be held liable for any contract or en- * In case of ex- cess, the di- rectors who may have caused it, shall be lia- ble in their individual capacities,&c. and may be sued for the Saſſlee The directors absent at the time, or who dissented, may exone- rate them- selves from being liable. Stock trans- ferable. Not to be concerned in COInn Iſler'Ce or insurance, &c. Bills, &c. binding on said compa- ny. Must be signed by the president and countersign- ed by the cashier, or not to be ‘binding. 7 50 BANKS.—MERCHANTS AND PLANTERS’ BANK.—1827. 3Dividend to be declared and paid half yearly. The directors to keep a fair and regular book of entry of proceed- ings. The persons and property of the stock- holders pledged and bound in pro- portion to the amount of stock they may possess for the re- demption of the bills, &c. The state pledged for the propor- tional amount of its shares. Limitation of the charter 1858. The concern, how closed. No stock- holder to borrow mo- ney upon the faith of their stock. gagement whatever, unless the same shall be so signed and coun- tersigned or attested as aforesaid; and the books, papers and correspondence, and the funds of the company, shall at all times be subject to the inspection of the board of directors and stockholders, when convened according to the provisions of this act. 12th. Dividends of the profits of the corporation or of So much thereof as shall be deemed expedient and proper, shall be declared and paid half yearly (the first half after the bank shall have been in operation excepted), and the said dividends shall from time to time be determined by a majority of direc- tors, at a meeting to be held for that purpose, and shall in no case exceed the amount of the net profits actually acquired by the corporation, so that the capital stock thereof shall never be impaired. * 13th. The directors shall keep fair and regular entries in a book to be provided for that purpose, of their proceedings, and on any question, when two directors shall require it, the yeas and nays of the directors voting shall be duly inserted on their minutes, and those minutes be at all times, on demand, pro- duced to the stockholders, when at a general meeting the same shall be required. 14th. The persons and property of the original stockholders and those holding stock by a transfer in the said bank shall be pledged and bound, in proportion to the amount of the value of shares that each individual or company may subscribe for or hold in said bank, for the ultimate redemption of the bills or notes issued by or from said bank in the same manner as in common commercial cases, or simple actions of debt, and that the State be pledged for the ultimate redemption of the bills or notes of said bank in proportion to the amount of the value of shares that shall or may be subscribed for and held by said State. 15th. The corporation shall exist and continue until the first day of January, one thousand eight hundred and fifty-eight, and immediately after the dissolution of the said corporation, effec- tual measures shall be taken by the directors last appointed and acting, for closing all the concerns of the company, and for dividing the capital and profits which may remain then among the stockholders, according to their respective interests. 67. Sec. IX. Be it further enacted, &c. That no stock- holder shall be permitted to borrow money from said bank upon the faith or pledge of their stock, but shall be subjected to BANKS.—BANK OF COLUMBUS.–1828. 51 the same rules and regulations in borrowing money therefrom as any other customer of said bank. PLANTERS’ BANK OF THE STATE OF GEORGIA. An Act further to amend an Act, entitled, an Act to incorporate the Planters’ Bank of the State of Georgia,” and to repeal the former Act for that purpose.f-Passed 20th December, 1828. P. 33. Whereas experience has proved that it is proper to reduce the number of directors of said institution, and in other respects to alter its act of incorporation, * 68. Sec. I. Be it enacted, &c. That the number of directors ... directors to of the Planters' Bank of the State of Georgia, from and after lºº- the passage of this act, shall be ten, of whom eight shall be *:::::::: elected by the stockholders, and two by the State. State. 69. Sec. II. During the months of July, August, September . transact busi- and October, four of the directors shall constitute a board . for the transaction of business. 70. Sec. III. In case of the sickness or necessary absence W. president is of the president, without having nominated a director to supply . sent, what his place, or in case of sickness or necessary absence of such *** director also, his place may be supplied by the election, by the directors then present, of a president pro tempore, from their own number. BANK OF COLUMBUS. An Act, to be entitled, an Act to incorporate a Bank in the town of Columbus, to be called the Bank of Columbus. Passed 22nd December, 1828. P. 26. 71. Sec. I. Be it enacted, &c. That a bank shall be esta- i.º.º. blished in the town of Columbus, the capital stock whereof †. shall be three hundred thousand dollars, to be divided into three ºf hares 100 thousand shares, of one hundred dollars each, of which five jº, 500 shares re- hundred shares, shall be reserved until the first day of January, ºr the in the year 1830, on the original terms, then or at any previous * Act of Incorporation. Prin. Dig. p. 34. + Amending act. Prin. Dig. p. 40. # By Acts of 1830, p. 26, another bank is incorporated at Columbus, called “Farmers' Bank of Chattahoochie.” 52 BANKS.—BANK OF COLUMBUS.–1828. time to be taken by the State, according to the pleasure of the §. legislature; whereby the State at any subsequent election shall #he nº be entitled to two directors, and if they be not then taken by *..." the State, to be disposed of in manner hereinafter provided for; how disposed of. and also with the privilege of increasing such capital at any tº time thereafter, as the stockholders may desire, to the sum of * one million of dollars, which increased capital, shall be divided into shares as above. º 72. Sec. II. [The first part of this section gives a number ;... of names and places where books may be opened to receive scription subscriptions for shares, a majority of whom at each place, shall be competent to the discharge of their duties; and the books of subscription shall be kept open for the space of three days, at each place (unless the number of shares allotted to each place, shall be sooner subscribed for, in which event, it shall be the duty of the commissioners to close the books so soon as the stock shall be taken) during which time it shall and may be lawful for any person or copartnership, being citi- zens of the United States, corporation or body politic, esta- blished in the United States, (banking institutions excepted) to subscribe for any number of shares, not exceeding fifty, except as hereinbefore provided, relative to the State. Provided, that if the whole number of shares be not taken up within the space of three days as aforesaid, then, and in that case, it shall and may be lawful, for any person or copartnership, corporation or body politic, except as hereinbefore excepted, to subscribe for subscription any number of shares unsubscribed for as aforesaid; and the how paid in, © e º ºf what sums respectively subscribed for, shall be payable in manner following, viz: five per cent. at the time of subscribing, and fifteen per cent. at the expiration of four months thereafter, and the balance of eighty per cent. at such times as the same shall be required by the directors: Provided, that sixty days notice of the time at which such payment is required to be made, be given in one of the gazettes of Columbus, Macon, and Milledge- ville; and provided that no payment shall be requested at any time between the first of July, and the first of November, in any one year. - [The remainder of this act is almost an entire transcript of the act of 1827, Incorporating the Merchants and Planters' Bank of the city of Augusta. This act leaving out the fourth section of the foregoing named act and some other minor un- important alterations, it is deemed unnecessary to insert any more of this act.] BANKS.--CENTRAL BANK OF GEORGIA.--1828. 53 CENTRAL BANK OF GEORGIA.” An Act to establish a Bank at Milledgeville, to be called and known by the name and style of the Central Bank of Georgia, to appropriate Moneys, bank Stock, and other Securities, to form the capital stock of said Bank, and to incorporate the same. Passed 22d December, 1828. P. 43. Whereas it is deemed expedient and beneficial, both to the State and its citizens, to establish a bank on the funds of the State, for the purpose of discounting paper, and making loans upon terms more advantageous than has been heretofore cus- tomary: * 73. Sec. I. Be it enacted, &c. That a bank shall be esta- blished in behalf of the State of Georgia, at Milledgeville, in said State, to be known and called by the name and style of the Nº. Central Bank of Georgia, in the manner, and on the conditions * and limitations hereinafter expressed. 74. Sec. 11. The money in the treasury of this State, not ºk. otherwise appropriated, the shares owned by the State in the Pºº" Bank of Augusta, in the Planters' Bank of the State of Geor- gia, in the Bank of the State of Georgia, and in the Bank of Darien; and all bonds, notes, specialties, judgments due the State, and all moneys arising from the sales of fractions and town lots heretofore made, (and hereafter to be made,) and all other debts and moneys at any time due the State, shall consti- tute and form the capital stock of said bank; and the same are hereby appropriated for that purpose, and are, and shall be vested in the president and directors of said bank, and their successors in office, as hereinafter prescribed; and shall be and remain the capital stock of said bank, and subject to the pay- ment of all bills and notes issued by said bank. And it shall be the duty of the directors to collect the debts due the State as early as practicable : Provided however, that every person in Proviso. debt to the State, may be allowed to renew his, her, or their notes, bonds, or other specialty, agreeable to the provisions of this act, in the same manner as persons borrowing on accom- modation paper. And provided further, that where the time of Proviso. payment has been extended by the State, and where payments are not yet due, no suit shall be commenced until the times of payment shall arrive. 75. Sec. III. All the taxes hereafter to be collected on ac- Further de- count of the state, and all its dividends arising from stock in other pºints *smº * See p. 58, amending this Act. 54 BANKS.--CENTRAL BANK OF GEORGIA.—1828. Fund of in- ternal im- provement and educa- tion not to be €rie Three direct- ors appointed by the go- Vernor. The directors to elect a president out of their own body. The president and directors may appoint a cashier and clerk. How the cashier and clerk may be removed. Directors to give bond to the governor to the amount of 100,000 dolls. The cashier to give bond to the amount of 100,000 dolls. Condition. Amount of other offi- cers’ bonds 20,000 dolls. Bonds de- posited in the comp- troller gene- ral’s office. Officer’s oath. Appoint- ment of di- rectors and term of ser- W1Ce, banks, shall be deposited in said bank, to aid and facilitate its operations, subject nevertheless to all the drafts on the part of the State, authorized by legal appropriations.—Provided nothing in this act shall be so construed as to interfere with the appro- priations of the proceeds of the bank stock heretofore set apart for the purposes of internal improvement and education. 76. Sec. IV. There shall be three directors of said bank, who shall be appointed by his excellency the governor to su- perintend and manage the affairs of said bank; which said directors shall elect a president from among their own body, to preside over said institution; and the said president and directors shall have power to elect a cashier and clerk—and the said cashier and clerk so appointed, shall remain in office So long as they continue to discharge their respective duties with fidelity, subject to removal by the governor, the president and directors of said bank; and any officer removed, shall not again be eligible to hold any office in said bank. 77. Sec. V. The directors of said bank shall, before enter- ing upon the duties of their office, severally make and deliver to his excellency the governor, for the time being, and his successors in office, their bonds, with good and sufficient Secu- rities, in the sum of one hundred thousand dollars, for the faith- ful discharge of their duties as directors aforesaid. 78. Sec. VI. The cashier of said bank, before entering on the duties of his office, shall make and deliver to his excellency the governor, for the time being, and his successors in office, his bond, with good and sufficient securities, in the sum of one hundred thousand dollars, conditioned for the faithful discharge of his duties as cashier aforesaid ; and all other officers of said bank shall each give bond and security in the manner and form aforesaid, in the sum of twenty thousand dollars: which bonds so taken, shall be by his excellency the governor deposited in the office of the comptroller general; and all the officers of said bank, before entering on the discharge of their respective duties, shall take and subscribe the following oath, to wit:— “1, —, do solemnly swear, that I will faithfully discharge the trust reposed in me, as — of the Cen- tral Bank of Georgia: so help me God;” which oaths shall be taken in writing, signed by the party, and filed in the execu- tive department. 79. Sec. VII. Immediately after the passage of this act, his excellency the governor shall appoint three directors, who shall continue in office until the first day of January, eighteen hun- dred and thirty, at which time, and on every first Monday in BANKS..—CENTRAL BANK OF GEORGIA.—1828. 55 January thereafter, he shall appoint three directors for said bank: And provided he shall fail to appoint at the time above mentioned, the old directors shall continue in office, until his ºr excellency the governor shall make such appointment, on any "PP” day thereafter; and such director shall be eligible to re-appoint- ment. 80. Sec. VIII. Where any vacancy shall happen in said º board of directors, his excellency the governor shall fill the ºf Sa Iſle. 81. Sec. TX. The president of said bank shall receive for Pºsident's salary, his salary, the sum of fifteen hundred dollars per annum. The ..." per annum. Director's other directors of said bank shall receive for their salaries, seven ..., * tº l tº hundred dollars each per annum. The cashier of said bank, ºr, al. who shall perform the duties of cashier and teller of said bank, jº" shall receive for his salary fifteen hundred dollars per annum : and the salary of a clerk, who shall perform the duties of dis- º count clerk and book-keeper, shall be one thousand dollars per dolls. annum. Which said salaries shall be payable quarter yearly. 82. Sec. X. The governor, the president and directors of Aº said bank be, and they are hereby authorized to appoint ano- º' ther clerk, with a salary of one thousand dollars per annum, whenever in their judgment the business of said bank shall require it, to whom shall be assigned such part of the duties hereinbefore mentioned, as they may think proper. 83. Sec. XI. The said bank shall discount bills of ex- Discounts change and notes, on two or more good securities, or endorsers, ºde, and the president and directors of said bank are hereby vested with power to require additional security on any note or bill of exchange made payable at said bank, when in their opinion the interest of said bank shall require it. 84. Sec. XII. The total amount of the debts which the ºt said bank shall at any time owe, shall not exceed the amount ...” of its capital. 85. Sec. XIII. No person who is not a citizen of this Mºle State, or who is a director of any other bank, or co-partner of president. any such director, shall be eligible as president or director of said bank; nor shall the president, directors, or other officers of No officer of * & the bank al- this bank, be entitled to borrow any amount of money from lººr- row money said bank, or shall their names be received as endorsers in said ºmitºbe an endorser. bank. 86. Sec. XIV. The directors shall keep fair and regular º: entries, in books to be kept for that purpose, of their proceed- **** ings; and on any question where one director shall require it, ** the yeas and nays of the directors voting shall be duly inserted 56 BANKS.–CENTRAL BANK OF GEORGIA.—1828, on the minutes, and those minutes be at all times, on demand, produced to the legislature, or any committee thereof who may require the same. 87. Sec. XV. The said bank is hereby incorporated, and made a corporation and body politic, by the name and style of the Central Bank of Georgia, and so shall continue until the first day of January, eighteen hundred and forty; and by that name shall be, and is hereby made able and capable in law to Sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in courts of record, or any other place whatsoever; and all suits and proceedings insti- tuted in any of the courts in this State, shall be in the name of the Central Bank of Georgia, and not by attorney, as is usual with corporate bodies; and also, to make, have, and use a common seal, and the same to break, alter and renew at plea- sure; and also to ordain, establish and put in execution, such by-laws, ordinances and regulations, as shall seem necessary" and convenient for the government of said corporation, not being contrary to the laws and constitution of this State. 88. Sec. XVI. The president and directors of said bank shall have power to issue notes, signed by the president, and countersigned by the cashier, on behalf of said corporation, for such sums, and with such devices, as they may deem most expedient and safe; and shall be capable of exercising such other powers and authorities as may be necessary for the well governing and ordering the affairs of said corporation, and of promoting the interest and credit thereof. & 89. Sec. XVII. All the transactions, operations and ac- compts of said bank, shall be fairly kept in books to be pro- vided for that purpose; and that the said books shall at all times be open to the inspection of his excellency the governor; that a general statement of the transactions of said bank, signed by the president, and countersigned by the cashier, shall be made annually on the first Monday in November, to his excellency the governor, and by him laid before the general assembly. . 90. Sec. XVIII. The books of said bank shall be open to the inspection of the general assembly, or any committee ap- pointed for that purpose. 91. Sec. XIX. The bills or notes of said corporation shall be receivable in payment of all taxes and debts due to the State. 92. Sec. XX. The directors of said bank shall not require town endorsers upon any note or obligation made payable at Minutes to be produced. Name and style. Duration of charter, 1840. May sue and be sued, &c. In what Ilame to Sue and be sued. May have a Seal. May issue notes, how signed, &c. Transactions to be kept in a book, which shall be sub- ject to the in- spection of the governor. And a gene- ral statement made to the governor and by him to the legislature annually. Books open to the inspec- tion of the legislature or a committee. The bills, &c. receivable for the taxes and debts of the State. Town en- dorsers not actually ne- cessary. a nal ºlº, A. A *-*. BANKS..—CENTRAL BANK OF GEORGIA.—1828. 57 said bank, where the country endorsers are deemed amply responsible to secure the payment of the same ; and no notice or protest shall be necessary to charge any endorser, nor shall any charge be made by any notary public, for noticing for non- payment, or protesting any note due at Said bank. 93. Sec. XXI. On all accommodation notes running at said bank, the makers thereof shall renew their notes once in six months, at least, by paying up the interest in advance, at the rate of six per centum per annum, or for shorter periods, as the said makers may think proper: Provided nevertheless, that the directors may call at any time on the maker of any dis- counted note for additional security, and if he shall refuse or neglect to comply, within twenty days after notice, said note shall be deemed and considered due, and suit shall be [com- menced] immediately. 94. Sec. XXII. The directors of said bank shall loan as much money upon accommodation paper, as the interest and safety of said bank will permit: and they shall not require to be paid upon such accommodation loans, more than twenty per centum per annum, of the principal thereof, unless the exi- gencies of the bank shall require it. 95. Sec. XXIII. So soon as the directors of said bank shall be appointed and qualified according to the provisions of this act, they shall, with as little delay as possible, employ some competent person to procure for the use of said bank, the neces- sary plates, engravings, paper and materials, for the operations thereof, and shall draw their draft on his excellency the gover- mor, for such sum of money as shall be necessary to meet the cost and expense of the same. 96. Sec. XXIV. So soon as the said directors and the other officers of said bank, shall be appointed and qualified, that the operations of said bank shall be commenced with the least possible delay; and the governor shall deliver to the said directors, the money in the treasury, not otherwise appropri- ated, the bonds, notes, specialties and debts due to the State, and the certificates of shares owned by the State, in the Banks of Augusta, the Planters' Bank of the State of Georgia, the Bank of the State of Georgia, and the Bank of Darien ; a schedule of all which shall be made out and signed by the said directors, and deposited in the office of the comptroller general. 97. Sec. XXV. The directors of said bank shall distribute their loans as equally as practicable, among the citizens of this State, having due regard to the population of the different coun- ties; and no loan made by said bank to any one person, or Notice not necessary to make the en- tlorser chargeable. , Renewal once in six months on certain stipu-º lations. Proviso. Additional security or a suit com- menced. How much they may loan. How much they may re- quire to be aid annual- y. * The direct- ors’ duty in procuring the necessary plates, appa- ratus, &c. Governor to draw a draft to meet the expenses, &c. When the bank shall go into opera- tion. The governor shall deliver the money in the treasury, &c. to the di- rectorS. A schedule of deposits made out and signed by the directors. The loans to be distri- buted equally among the citizens of the state 8 58 BANKs.—CENTRAL BANK OF GEORGIA.—1829. No loan to exceed 2,500 dolls. What amount of notes to be put in circu- lation. How suits are to be commenced. No proof of notice neces- rary to a re- covery. The bank may be sued and how ser- vice may be perfected. This act may be alter- ed or repeal- ed. Persons in- debted to the state above 2,500 dolls. may renew their notes, &c. But allowed to run notes in the bank. body corporate, or any society or collection of persons what- ever, shall exceed twenty-five hundred dollars; nor shall the directors of the Central Bank at any time put in circulation the bills thereof to a greater amount than the aggregate of specie and bills of the other chartered banks of this State; and the bills of the Bank of the United States, in its vault. 98. Soc. XXVI. All suits commenced by said corporation, upon any note, bill, bond or obligation upon which there shall be any endorser or endorsers, the maker or makers, together with the endorser or endorsers, or their representatives, may be embraced and sued in the same action, and no proof of notice, demand or protest, shall be required on any trial to authorize a recovery. –99. Sec. XXVII. The president and directors shall not allow any individual company or corporation, to place any note, bill or obligation in said bank for collection. 100. Sec. XXVIII. The said Central Bank of Georgia shall be subject and liable to be sued in law and equity, and a copy of any process left at the banking house, shall be deemed good and sufficient service. 101. Sec. XXIX. Nothing in this act contained, shall be so construed, as to prevent the alteration or repeal of any part, or the whole of this act, should any subsequent general assembly deem such alteration or repeal expedient. An Act to amend “an Act, to establish a Bank at Milledgeville, to be called and known by the name and style of the Central Bank of Georgia, to appropriate Moneys, Bank Stock, and other securities, to form the capital Stock of said Bank, and to incorporate the same,” passed on the 22nd of December, 1828; and also, to provide for the disposition and sale of iaids forfeited to the State. Passed 19th December, 1829. P. 19. 102. Sec. I. Be it enacted, &c. That nothing contained in the said act shall be so construed as to prevent or prohibit the directors of the said bank from allowing any person indebted to the State, in a sum exceeding two thousand five hundred dollars from renewing his, or her, or their notes, bonds, or other specialties, for the whole amount of his, her, or their debt, ac- cording to the provisions of the said act. But the said bank shall allow any person indebted to the State, in any amount, to run notes in said bank for the same. 103. Sec. II. Nothing contained in the twenty-second sec- tion of the said act shall be so construed as to prohibit the BANKS.–CENTRAL BANK.—1829. 59 directors from requiring to be paid in upon loans already made, ºrestors may require or hereafter to be made, twenty per centum per annum on the ...; per annum original amount of the said loan. 5..." 104. Sec. III. The directors of the said bank shall hereafter ...” distribute their loans as equally as practicable among the citi- ºr zens of this State, having due regard to the population of the ..." different counties, on the basis fixed by the seventh section of ºf the first article of the constitution. of the state. 105. Sec. TV. The directors of the bank shall be, and are The directors hereby authorized and required to receive all dividends which iºn may become due on the bank stock now owned by the State, and to pay over so much thereof as has been heretofore set apart for internal improvement and education, to the treasurer. 106. Sec. V. The directors of the said bank be, and they º are hereby authorized and required immediately to take the ºwned by the state to necessary measures to procure a transfer on the books of the ºf several banks in which this State owns stock, of the said stock bank. so owned by the State in the said banks respectively, to the said Central Bank of Georgia; and that the said several banks in which the State owns stock, be, and they are hereby autho- rized, on the application of the directors of the said Central Bank of Georgia, to transfer all the said stock so owned by the State, in such banks respectively, to the said Central Bank of Georgia. 107. Sec. VI. Persons indebted to the State for lands or ºil, other real estate, by bonds, notes, or otherwise, and where the tºº. said debt is payable by instalment, be, and they are hereby jºi. allowed to discount their notes in the said bank for the whole * amount of the said debt, upon the same conditions, reservations, and restrictions as other debtors of the State are allowed to obtain discounts, and that in estimating the amount due on such debt, when such debt does not bear interest, a deduction shall be made therefrom, of an amount equal to the discount at six per cent. on the debt, from the time the said discount shall be granted, until the same shall become payable, according to the terms of the original bond, note, or contract; and that upon the note of such debtor being discounted, as aforesaid, and the pro- ceeds thereof passed to his credit, and his check given therefor, he shall be, and is hereby authorized to demand of his excel- lency the governor a grant, or such other title to the said land or real estate as he would have been entitled to receive upon a full compliance with the terms of the original contract: Provided Proviso. that, before he shall be entitled to demand or receive the said 60 BANKS..—CENTRAL BANK.—1829. grant or other title, he shall be required to deposit in the office of the surveyor general a certificate signed by the cashier of the said bank, that his said debt has been fully settled, by note or proviso, notes—And provided also, that nothing herein contained shall be so construed as to affect any security or lien which the State may have on any lands or other real estate, for securing the payment of any debt which has been transferred to the said bank, and for which a note has been already discounted by the Said bank. .* 108. Sec. VII. The directors of the said bank be, and they may deliver ºś, are hereby authorized to deliver to the obligors or makers, all &c. which ‘ º º tº ... bonds, notes or other obligations which have been transferred transferred jºriºid to the said bank, and which have been or may hereafter be off. wº º fully paid and satisfied. Debtors of 109. Sec. VIII. In making settlements with the debtors of the state to -** pºst the State, the directors of the said bank shall demand and re- according . º & tº * j'... quire the payment of interest thereon from the time the said debt became due, according to the terms of the original contract. Book of said 110. Sec. IX. In no suit or action in any court of this State, bank not to be produced in which the said bank may be a party, shall it be lawful for in court in any suit, as... the other party or parties to require the said bank to produce evidence, nor ... the books of the said bank into court in evidence; nor shall it be lawful for such party or parties to require, by subpoena or otherwise, the attendance of any officer of the said bank in How testimo- court on the trial of such cause. But whenever, in any such my may be tº . E. e * - e taken. suit it may become necessary for the attainment of justice, that the evidence contained in the said books, or the testimony of such officer should be had, it shall and may be lawful for either party in such cause, requiring such evidence or testimony, to take out a commission, in the usual manner, to examine the officers of the said bank as to the contents of the said books, or as to their own knowledge of the facts, notwithstanding such officer may reside in the county in which such suit may be pending. º Directorg 111. Sec. X. It shall be the duty of the directors of the said may have sold, all bank to cause all the lands which have been or may hereafter lands, for- ; ::, ... be forfeited to the State, and all lands which were intended to #..." be disposed of, but were not drawn for in the several land lot- *** teries of this State, to be sold at public outcry, before the court house in the county in which the land lies, between the usual hours of sheriff's sales, on such days as the said directors may Proviso, deem best: Provided always, that sixty days previous notice of the time and place of such intended sale, with a description of each tract of land intended to be sold, shall first be, published BANKS.–CENTRAL BANK.—1829. 61 in one of the gazettes printed in the circuit in which such land may be situate, if there be such gazette, and also in the gazettes published in Milledgeville: And provided also, that nothing contained in this section shall be so construed as to operate upon, or affect any indulgence which has been, or may be ex- tended by the present legislature, to the purchasers of lands already forfeited. 112. Sec. XI. If any purchaser or purchasers of lands now Any person, whose lands forfeited, or which may be hereafter forfeited to the State, shall ::::::::::: d, but settle with the said bank the amount of the original purchase ºf money remaining unpaid, with the interest due thereon, at any * time before the saidland is resold, as provided in the tenth section º of this act, then and in such case the title to the said land shall be reinvested in such purchaser, as fully and absolutely as if the said land had not been forfeited. * 113. Sec. XII. In directing, by the second section of the Explaining the 2d sec- act establishing the bank, the transfer to it, of all the bonds, Hº". notes, specialties, judgments due, or to become due to the State, bank. the general assembly did not divest the State of any of its rights, powers, privileges or immunities, received by law, or accruing to it in virtue of its sovereign capacity, in regard to the collec- tion of the aforesaid bonds, notes, specialties, &c. farther than to vest the said rights, powers, privileges, and immunities, in the said president and directors. And all the aforesaid rights, pow- Powers, &c. vested in ers, privileges, and immunities are hereby declared to be vested ºia. in the president and directors of the said bank, by them to be pºor the used, enjoyed, and exercised, in behalf, and for the benefit of " the State, in regard to the aforesaid bonds, notes, specialties, judgments, &c. and all notes that have been, or may hereafter be, discounted in renewal of them, in terms of the charter, and all other notes and bills of exchange, that may have been, or may hereafter be discounted by said bank, in as full, perfect, absolute and unqualified a manner as they could have been used, enjoyed, and exercised by the State, had no such transfer been made, or such bank been established. 114. Sec. XIII. From and after the passing of this act, it i.º. shall not be lawful for any clerk or clerks of the Central Bank - to be a director of any other bank in this State. Sec. XIV. [Repeals all conflicting laws.] 62 BANKS.—DARIEN.—1829.-COUNTY RECORDS.—1820. BANK OF DARIEN. An Act to authorize the bank of Darien to redeem the amount of fits bills, now in the Central Bank, upon certain terms. Passed 22nd December, 1829. P. 23. Whereas a resolution passed both branches of the legislature in 1827, making it obligatory upon the Bank of Darien to re- deem semi-annually $75,000 of its bills, then in the treasury: and whereas, by the act chartering the Central Bank, it is the opinion that the aforesaid resolution has been repealed: § 115. Sec. I. Be it enacted, &c. That from and immediately #"" after the passage of this act, that the Bank of Darien shall be bound by the resolution already above cited. To pay no 116. Sec. II. It shall not be in the power of the directors of more than iºn- the Central Bank to call upon the Bank of Darien for a re- demption of more than $75,000 of its bank bills semi-annually. Sec. III. [Repeals all laws militating against this.] —ese– COUNTY RECORDS. An Act to authorize the Justices of the Inferior Courts of the different counties in this State to have transcribed in new and well bound books, the records of their respective counties, and to legalize the same.* Passed 22d December, 1820. P. 67. Inferior 1. Sec. 1. Be it enacted, &c. That the justices of the infe. courts may gº º e g g tº rior courts of the different counties in this State, be and they º,... are hereby authorized and empowered, at any time they may books the re- tºler think expedient, to be caused to be fairly transcribed into new and well bound books, the whole or any part of the records of their respective counties. The officers 2. Sec. II. It shall be the duty of the officers of the different havin g © - gº ºrgoſ, counties as aforesaid, or any person having charge of any of the them to de- Hºp county records, to deliver them to the justices aforesaid when Fºr ſo required; and the said justices, or a majority of them, (the whole .*.* number being present,) are hereby authorized to appoint a fit person for .* and proper person to transcribe all or any part of the records bond º & º º ... i. of their respective counties, and take bond with good and suffi- ty and who shall take an oath. * See "sec. 6. further on this subject. COUNTY RECORDS.—1829. 63 cient security for the faithful execution of their duties aforesaid, who shall take and subscribe an oath to that effect. 3. Sec. III. After the manuscript copy be finished, the jus- tices aforesaid shall appoint two fit and proper persons to com- pare the said manuscript copy, with the original, and if found correct, shall be received by the justices aforesaid, and depo- sited with the originals in the different offices to which they may belong, which said originals shall be preserved in said offices to be referred to, if necessary. 4. Sec. IV. The said duplicate records shall be received and considered as original records, and so received in the different courts of record throughout the State, any law, usage or cus- tom to the contrary notwithstanding. 5. Sec. V. The said justices shall be, and they are hereby authorized to defray the expenses of transcribing the said re- cords out of the county funds. An Act to authorize the inferior courts of the several counties in this State, to transcribe the records of the superior courts and inferior courts, and of the courts of ordinary of said coun- ties; and more fully to define the duties of the clerks of the Superior courts and inferior courts, and to provide a remedy for the non-performance of such duties. Passed 22d Decem- ber, 1829, P. 38. 6. Sec. l. Be it enacted, &c. That whenever it shall be made known to the inferior courts of the several counties in this State, that the records of the superior courts, and of the infe- rior courts, and courts of ordinary, or of any of said courts, in their respective counties, have become obliterated, defaced, or mutilated, it shall, and may be lawful for said inferior court to : employ some fit person or persons to transcribe such records into new books of a substantial nature; and such records when so transcribed, and approved by said inferior court upon their inspection, or upon the examination of any person or persons, whom they shall appoint for the purpose, shall have all the va- lidity and authenticity of the original records. 7. Sec. II. Whenever it shall appear to the inferior courts aforesaid, that the clerks of the said courts herein before men- tioned, have failed or neglected te copy into a book of record, all the proceedings, in all civil cases in Said courts respectively; or that the said proceedings have been partially and imperfectly copied, it shall and may be lawful for the said inferior courts to employ Some fit and competent person or persons, to copy the When finish- et the court shall appoint fit and pro- per persons to examine the Saille, Tue dupli- te receiv- in evi- C e dence, &c. Expenses to be paid out of the county funds. Inferior courts may have the re- cords of the COurt tran- scribed in new books, &c. and ap- point a person for that pur- ose, and being approved by the said court slrall be authentic records. Clerks of the courtS not copying into a book of re- cord the proceedings in all civil cases, or have been partial- ly copied, what may be done. 64 COUNTY RECORDS.—1829. The books of record when approved shall be valid. The persons who may be employed shall be the lowest bid-" der. Shall give bond with approved se- curity in a penalty fixed by the J. I. C. Condition of the bond. The inferior court may sue on the bond of the defaulting clerk, in the supe- rior court. Iſ there be no valid bond the superior court may by rule cause the cle, k to pay the amount . which may seem to be right, &c. Proviso. said proceedings into a book or books of record: and the said books of record shall, when approved by said inferior court, or by the person or persons, by them to be appointed for the pur- pose of examination, have the same force, validity and authen- ticity, as if the said proceedings had been fully copied by the clerks aforesaid, within the time prescribed in the thirty-fourth section of the act of the general assembly, passed on the 16th day of February, 1799. [See Prin. Dig. p. 213.] 8. Sec. III. The said inferior court in the employment of a person or persons to transcribe the records, and to copy the proceedings as hereinbefore directed, shall offer the same to the lowest bidder, due regard being had to the competency of the several persons proposing, and shall require bond with approved security, payable to the justices of the inferior court of the county, and their successors in office, in a penalty to be fixed by them, or any three of them, for the completion of the con- tract, at such time or times as shall be stipulated, and for the safe keeping and return of the books, documents and papers, that may beintrusted to him or them for the purposes aforesaid. 9. Sec. IV. The inferior courts shall be authorized to insti- tute a suit or suits, in the superior court, upon the bond or bonds of any clerk who has ſailed or neglected to copy into a book of record, all the proceedings in all civil cases in said courts re- spectively, according to the true intent and meaning of the said thirty-fourth section of the act aforesaid, or who shall hereafter fail or neglect to record the proceedings of said courts as here- inafter required, and shall recover damages for the neglect or failure of such clerk, in manner aforesaid, according to the rates for recording said proceedings, in all the cases which such clerk shall have failed, or shall fail to record, or which he shall have imperfectly recorded, or shall imperfectly record. And in case there be no valid bond of said clerk, it shall and may be lawful for said superior court to cause said clerk, by a rule or order of said court, to pay into the hands of the county treasurer, such sum or sums of money as it shall appear to said court that such clerk has received, or shall receive, as fees for recording of proceedings, in cases which he has, or shall fail or neglect to record, or has, or shall imperfectly record, and to enforce such order by process of attachment: Provided, when it shall appear that said clerk has not received the recording fees in any case or cases, the amount of such ſees shall not be included in the damages, herein required to be collected, nor in the sum herein directed to be paid. & 10. Sec. V. The proceedings in all cases, criminal as well COUNTY RECORDS.—–1829. 65 as civil, hereafter determined in the several courts of law and equity in this State, shall be fully and fairly copied by the clerks of such courts respectively, into record books of a substantial nature, previous to the next term of such courts, after the ad- journment of the courtin which such cases shall be determined. 11. Sec. VI. It shall be the duty of the grand juries in the several counties of this State, from term to term of the Superior Courts, to inspect and examine the offices, papers, and records in the superior and inferior courts of their counties, and if the said proceedings shall not have been copied into a book or books of record, according to the true intent and meaning of this act, they shall cause the clerk or clerks, who shall have failed or neglected to do his duty as required by this act, to be presented for non-performance of official duty; and the said superior court shall order the bond of such clerk to be prosecuted, and reco- very shall be had thereon as directed in the aforesaid third section of this act; and if there be no bond, said court shall proceed against such clerk, as in such case therein directed. Sec. VII. [Repeals all laws militating against this act.] An Act to require the Clerks of the court of Ordinary of the se- veral counties of this State, to record in their offices all guardi- ans and administrator’s Bonds. Passed 18th December, 1829, P. 24. 12. Sec. I. Be it enacted, &c. That from and after the pas- sage of this act, it shall be the duty of the clerks of the court of ordinary of the several counties of this State to record, in a book to be kept for that purpose, all guardians and administrator's bonds, taken before the court of ordinary of their several coun- ties, within six days after the same are executed. Sec. II. [Repeals all laws militating against this act.] 9 The proceed- ings in all civil and criminal cases shall be copied into record books previous to the next term of the court, after being de- termined. The grand juries shall at each term inspect the the offices, &c. in their courts, and if not proper- ly recorded, they shall cause the de- faulting clerk to be presented. And the su- perior court shall order his bond to be prose- cuted, and if mo bond, shall be pro- ceeded against as in the 3d sec. sy Clerks of the ordinary COurtS to re- cord all guardian’s . bonds and administra- tor's bonds, within six days after they are ta- ken. 66 COUNTY OFFICERS.—1820. The clerk of the inferior court to give a receipt for all moneys received from any person for county pur- poses. All county of. ficers to pay over moneys in their hands, be- longing to the county, to the clerk of the I. C. and take his receipt, and shall re- turn the same to the clerk of the superior court within 20 days. COUNTY OFFICERS. An Act to compel Clerks of the Inferior Courts that now are, or hereafter may be, in office, to give receipts for all sums of money by them received for county purposes, to compel County Officers to take receipts for any sum or sums by them received and paid for county purposes, and return or deliver over such receipt or receipts to the Clerk of the Superior Courts of their several counties within a certain time; and to require the several Clerks of the Superior Courts of this State to keep a fair and regular file and entry of the same, to be laid before their several Grand Juries whenever called for.”—Passed 18th December, 1820. P. 7. 1. Sec. 1. Be it enacted, &c. That from and after the twenty-fifth day of December, eighteen hundred and twenty, that it shall be the duty of all clerks of the inferior courts of any county within this State, to give a receipt or receipts for any sum or sums of money by them received of and from any officer or other person whatsoever, for county purposes, or for moneys on any account belonging to the county. 2. Sec. II. It shall be the duty of all county officers or any other person or persons who may receive any sum or sums of money arising from the sale or sales of estrays (or other means when such money belongs to any county), shall pay the same over to the clerk of the inferior court of such county, and shall take a receipt or receipts from the clerk of the inferior court of the several and respective counties, which receipt the officer or other person paying the money is hereby directed to demand, and the said clerk required to give; and the officer or person paying the money and taking the receipt or receipts shall return the same to the clerk of the superior court of the county where the money was paid, within twenty days from the payment of the same. 3. Sec. III. It shall be the duty of the clerks of the superior courts within this State, to receive and keep a regular and fair file in office and entry in a book to be kept by them for that purpose, all such receipts by them received, to be laid before their several grand juries, whenever called for by said grand juries, any law or custom to the contrary notwithstanding. The clerk of the superior court to keep a file of such receipts, and enter them in a book. * But see County Treasurers, p. 74. COUNTY OFFICERS.—1823. 67 Such clerk al- lowed for each receipt so filed and entered 12 and a half cents, to be paid out of the county funds. 4. Sec. IV. For each receipt received, filed, and entered upon such book, the clerk of the Superior court of any county who may receive the same, shall receive the sum of twelve and a half cents out of the county funds of such county where such receipt may be filed and entered in said book, and shall be allowed the same on presenting a statement of his account to the inferior court, and when passed by such court the same shall be entered in the books of account kept by the clerk of the in- ferior court. 5. Sec. V. For each and every neglect or violation of the foregoing act, the party neglecting or violating the same shall, upon conviction, be fined in a sum of not less than one hun- dred dollars, nor more than five hundred dollars. An Act to carry into effect the sixth section of the fourth article of the Constitution. Passed 20th December, 1823. P. 37. 6. Sec. 1. That no collector, sheriff, coroner, clerk of the superior court, clerk of the inferior court, or any other person who is or may be a holder of public moneys, and elected to any office, shall be commissioned by the governor, or be qualified by any judge, justice of the inferior court, or justice of the peace, until he shall produce to his excellency the governor, and also the judge, or justice of the inferior court, or justice of the peace, before whom he appears to be qualified, a certificate from the treasurer of the State, countersigned by the comptrol- ler-general, certifying that he has accounted for and paid into the treasury all sums for which he is accountable and liable, which certificate shall in each and every case accompany the dedimus protestatum. And whereas, various persons are holders of public moneys where no evidence exists in the treasurers or comptroller's office of such fact: 7. Sec. II. Be it enacted, &c. That in addition to the oath of office, the person elect shall swear that he is not the holder of any public moneys unaccounted for. 8. Sec. III. All collectors and other officers hereafter elected, shall apply for and obtain their commissions and certificates, and qualify within the time and in the manner heretofore point- ed out by law,” or their offices shall be considered as vacant, On a neglect or violation of this act, such person may be fined not less than 100 dolls. nor more than 500 dolls. What shall disqualify a county offi- cer from re- ceiving his commission. * Must within within ten days after being motified of the arrival of their com- mission, qualify and give security, or their office declared vacant. Prin. Dig. P, 121. Shall swear that he has no public mo- neys unac- counted for. All county officers shall apply within ten days af- ter being no- tified of the arrival of their com- mission and qualify, Or their offices considered vacant, and how filled. 68 county of FICERs.-1823. Such person shall not be a candidate for re-election. Proviso. Clerks of the inferior courts at the first term of the superior coul’t to € Y- hibit to the grand.jury a statement of the county funds for tile preceding year. Clerk failing to comply may be pre- sented, and may be fined and removed from office, or fined. \ and shall be filled in such manner as is now prescribed by law,” and the person who has failed to obtain his commission and certificate aforesaid, within the time prescribed by law, shall not be considered as entitled to be a candidate for the office : Provided, that this act shall not be construed to affect the elec- tion of any collector who may be in arrears the amount of his insolvent list only, and who have not had an opportunity of having such list allowed, from the failure of any court. An Act, to compel the clerks of the Inferior Courts in the several counties in this State, annually at the first term of the Supe- rior Court in their respective counties to make and eachibit to the grand jury a statement of the county funds, showing the receipts and expenditures of their said counties for the pre- ceding year.f Passed 22d December, 1823. P. 43. 9. Sec. I. Be it enacted, &c. That it shall be the duty of the clerks of the inferior courts in the several counties in this State annually at the first term of the superior court in their respec- tive counties, to make and exhibit to the grand jury a full and complete statement of the county funds, showing the receipts and expenditures of their said counties for the preceding year; in which statement they shall specify not only all the moneys by them received and paid out, but the names of the persons from whom the same has been received, and for and on what account the same has been paid out. 10. Sec. 11. Every clerk failing, or neglecting to comply with the requisitions of this act, may for the said offence be presented to the grand jury for mal-practice in office, upon which said presentment, it shall be the duty of the attorney or solicitor-general to prosecute as in other cases of presentments by grand juries for offences punishable by law; and on convic- tion the said clerk may be fined, or fined and removed from office, at the discretion of the court. 11. Sec. III. The justices of the inferior court shall allow their said clerk such compensation as is reasonable and just, for their services required by this act. The J. T. C. may allow their clerk a compensa- tion for such service. * See sec. 28, 29 and 30, defining the mode of filling vacancies. # This act, and the act inserted in page 66, would seem has been rendered obsolete by the act appointing county treasurers. But as that act does not make it positively obligatory on the justices of the inferior court to appoint, it may be that that officer may not exist in some counties; in that case those two acts may in those two counties be still in force; for that reason they are here inserted. COUNTY OFFICERS.—1823. 69 12. Sec. TV. All laws and parts of laws militating against this act, be and the same are hereby repealed. An Act to establish an office for recording the births of the citi- zens of this State, in each county of the said State. Passed 19th December, 1823. P. 45. Whereas, much inconvenience has been experienced in this State, from the difficulty of obtaining testimony of the ages of persons interested in questions of rights before our courts, and whereas embarrassing difficulties frequently impede the correct administration of justice on this subject; for remedy whereof, 13. Sec. 1. Be it enacted, &c. That from and immediately clerks of the courts of or- after the passing of this act, it shall be made the duty of dinary ºy record the the clerks of the courts of ordinary in each county respec- ºt- zens of his tively, to enter and register in a book to be kept for that “” purpose, the names of all persons who may report themselves to him, or who may be reported by their parents or guardians, as well as those who may be hereafter born within the said county, and who may be reported as aforesaid, upon due proof being made by affidavit or oath to the said clerk of the said birth;, and that the said clerk shall be entitled to take and re- ceive for each registry which he shall be called on to make, the His fee. sum of twenty-five cents. 14. Sec. 11. The parents or guardians of children now in Parents of children may life, or who may be hereafter born, may, upon application to ºther names, ages, the clerk of the court of ordinary aforesaid, and upon payment . on paying the of the aforesaid sum to the said clerk, require him to enter the **** name of the said child, with the time and place of his or her birth. 15. Sec. III. The said clerk shall forfeit and pay the sum of ... fusing to re- five dollars, for each and every reſusal to enter the said births #"...to we tº * tº e 5 dolls. as aforesaid, upon such application as aforesaid being made. ” 16. Sec. IV. The said entry so as aforesaid made, shall be šuº , or a certifi- received and held as evidence of the birth and age of such per- ..." same, evi- son or persons it purports to represent, in any court of law or ..." person's equity in this State, either by the production of the original " book of entry, or of the certificate of the same under the hand and seal of the said clerk; and for which certificate the said ...” for certifi- clerk shall receive twenty-five cents. Cate. 70 county of FICERS.–1823, 1824. The inferior courts, &c. have the ex- clusive right of appointing commission- ers of acade- mies, vendue masters, and notaries pub. lic, and lum- ber measu- rers in their respective counties and to WnS. Repealing clause. All appoint- ments of those officers by the legis- lature since the 18th Dec. 1816 shall be valid. An Act to amend and explain an Act, entitled, an Act to vest the appointment of Commissioners of Academies, Vendue Masters, Notaries Public, and Lumber Measurers, in certain persons therein mentioned, passed the 18th December, eighteen hundred and sixteen.”—This act passed 22d December, 1823. P. 6. 17. Sec. 1. Be it enacted, &c. That from and after the pas- Sage of this act, the inferior courts, corporations and commis- sioners, respectively, as mentioned in the above recited act, shall have the exclusive power of appointing any number of the the officers therein mentioned that they may deem expedient in their respective counties and towns, where the number is not defined or limited by law; and also the exclusive power of filling all vacancies which may occur among such of said officers whose numbers are not limited by law. 18. Sec. II. That so much of the above recited act as may be construed repugnant to this act be, and the same is hereby repealed: Provided, that all appointments of notaries public, lumber measurers, vendue masters and commissioners of aca. demies, that have been made by the legislature of this State since the passing of the act of the eighteenth December, eighteen hundred and sixteen, entitled an act to vest the ap- pointment of commissioners of academies, vendue masters, notaries public, and lumber measurers in certain persons therein mentioned, shall be, and they are hereby declared to be valid. & An Act to legalize the acts of Deputy Clerks of the Superior and Inferior Courts, and Courts of Ordinary, under the age of twenty-one years.--Passed 20th December, 1824. P. 38. 19. Sec. 1. Be it enacted, &c. That from and immediately after the passage of this act, all the acts heretofore done by the deputy clerks of the Superior, inferior, and courts of ordinary in this State, under the age of twenty-one years, be, and the same are hereby made as legal and valid as if such deputy clerks at the date of such acts had been twenty-one years of age : Pro- vided, that nothing herein contained shall be construeu to exempt the principal clerks from any liability their deputies may have incurred. * Elegalizes the acts of depu- ty clerks un- der age. Proviso. * For this act, see Prince's Digest, p. 122. COUNTY OFFICERS.—1824, 1825. 71 An Act to vest in the Inferior Courts of the several Counties of this State, the exclusive right to appoint Notaries Public for their respective Counties.—Passed 20th December, 1824. P. 48. 20. Sec. I. Be it enacted, &c. That from and immediately J.I.C. have after the passing of this act, the justices of the inferior courts of º' this State shall have the sole and exclusive right to appoint iſ." notaries public for their respective counties, and to qualify the †iem person or persons so appointed, by administering to him or " them the oath prescribed by law as heretofore administered to notaries public. 21. Sec. II. It shall be the duty of the clerks of the inferior glºrue courts of the several counties of this State, to keep a register ºr of the names of persons appointed notaries public, by virtue of names. this act, in their respective counties; and said clerks shall be entitled to have and receive from the person so appointed, as a gºº compensation for the service so rendered, the sum of two dollars. 22. Sec. Ill. All laws and parts of laws militating against this act, be and the same are hereby repealed. An Act to authorize the Clerks, Sheriffs, and other officers in any of the Counties in the Southern, Flint, Oemulgee and Western Circuits, and of the County of Warren, to insert their adver- tisement in any gazette published in Milledgeville or within their Circuits, and to compel Deputy Sheriffs to advertise in the same paper in which his principal shall advertise.—Passed 17th December, 1825. P. 170. * 23. Sec. T. Be it enacted, &c. That from and after the Whº clerks and passage of this act, it shall and may be lawful for the clerks ... of the superior and inferior courts, and courts of ordinary, she- ..."may riffs, coroners, and other officers of the several counties of the ** Southern, Flint, Oemulgee and Western circuits, and of the county of Warren, and they are hereby required to publish their advertisements in any of the gazettes published in Milledgeville or within their circuits. 24. Sec. Il. The deputy sheriffs in the counties aforesaid, ... vertise in the shall, and they are hereby required to advertise their sales in ... the same gazette in which the principal sheriff shall advertise ..." his sales: Provided, such sheriff or deputies shall, within Proviso. twenty days after entering on the duties of their office, give notice by written advertisement at their respective court houses, continuing the same sixty days, specifying the paper selected; 72 i COUNTY OFFICERs.—1825, 1826. also, notice of such selected paper shall be given in the Georgia Journal of Milledgeville. (º 25. Sec. Ill. All laws or parts of laws militating against this act, be, and the same are hereby repealed. An Act to require the Collectors of Taaces to pay over the moneys collected by them for County purposes to the proper authority, and to authorize the Inferior Court of any County to issue eace- cution against defaulting Taac Collectors.-Passed 24th De- cember, 1825. P. 172. ºr , 26. Sec. I. Be it enacted, &c. That in all cases where not paying sº there may be any tax due to the county in the hands of the ãºny collector of any county, and collected by the tax collector of in Dec. after ºf any county, and not paid over to the proper authority on or ed, the infe- ... ºn before the first Monday of December next after the same may may issue an * be collected in every year, the justices of the inferior court, or a majority of them, in each county, be and they are hereby authorized to issue execution against any tax collector, and his securities, so neglecting or refusing to pay over such tax. iº 27. Sec. II. Any collector of taxes who shall fail or neglect *.*.* to pay over such taxes by the time specified in the preceding amount not .." section, shall be liable to pay interest at the rate of twenty-five which & g g tº §º per cent, on the amount not paid over, which shall be required in the execu- tion. in the execution issued as aforesaid. NotE.-The legislature, by the tax acts, commencing in the year 1823, up to the year 1830, inclusive, have given to the inferior court, for county purposes, one half of the Stäte tax, and in Some few counties have given a part of that moiety for the purposes of education. An Act, to alter the modes of filling the vacancies of Sheriffs, Clerks of the Superior and Inferior Courts, and Taa, Collec- tors,” and provide for filling the vacancy of receiver of Taa. returns. Passed 26th December, 1826. P. 120. How yacan. 28. Sec. l. Be it further enacted, &c. That from and imme- cies of she- iſºclerks diately after the passage of this act, when any office of sheriff, of the su- iº & iº © fºnd clerk of the superior or inferior court, tax collector, or receiver ... of tax returns in any of the counties of this State may become receivers of tax returns —- sº i to be filled. * Acts of 1830, p. 13. Tax collectors elected, to collect the taxes for the year preceding their election. COUNTY OFFICERS.—1826. 73 vacant by death, resignation, or otherwise, it shall be the duty of the justices of the inferior court, or any two or more of them, to give notice at the door of the court house, and at three or more of the most public places of said county within which such vacancy may happen, twenty days previous to said election ſor filling said vacancy, which said vacancy shall be filled by per- sons entitled to vote for members of the legislature of said county, and the person so elected shall be commissioned by the governor in conformity with the laws now in force in this State only to fill on that subject, and the person so chosen shall continue in office lººr no longer than his predecessor would have done. CeSSOI’, 29. Sec. II. When any two or more candidates for any of When tº or more candi- e º g lates } the aforesaid offices may have the highest and an equal num- tºº. and an equal ber of votes, the presiding justices or superintendants at said ...; election shall certify the same to the justices of the inferior º'" court of the county where such election may be held, whose " duty it shall be forthwith to advertise another election, giving notice as prescribed in the first section of this act. 30. Sec. III. In the interim from the time said vacancy ...; may happen, up to the time that a successor may be elected "***". and qualified, according to the ſoregoing provisions, (in cases where it may be necessary) the justices of the inferior court of the county where said vacancy may happen are hereby author- ized to attend at the court house of said county and appoint some fit and proper person to discharge the duties of said office, until such vacancy may be filled according to the foregoing provisions, who shall be compelled to give bond and security and take the usual oath. 31. Sec. IV. All laws or parts of laws militating against this act, be and the same are hereby repealed. An Act to alter and amend the additional oath required by law to be taken by all officers, civil and military, to prevent the offence of Duelling.” Passed 19th December, 1828. P. 73. 32. Sec. 1. Be it enacted, &c. That all officers, civil and mi-Alloſiº civil and nil- litary, who shall or may be appointed on or after the first day ºn of January next, in this State, before they enter upon the duties “ of their office, shall take and subscribe the following oath in addition to the oath heretofore prescribed:—“l, A. B. do so- The oath. * Former act on this subject, see Prin. Dig. p. 364 and 377. 10 74 COUNTY TREASURERS.—1825. The J. I. C. may biennial- ly appoint a county trea- 8llrer: who must give bond and security to the J. I. C. in the amount they may pre- scribe, and shall take an oath. Every per- son having money in his hands be- longing to the county, must pay the same into the hands of the county trea- surer by the 15th Dec. in each year, or pay 20 per Cent. inter- est on it. Treasurer to give a certifi- Cate of mo- ney received, and clerk of the inferior court to keep it on file, What must be done when a per- son applies for a tavern license. lemnly swear, or affirm, as the case may be, in the presence of Almighty God, that I have not since the first day of January, eighteen hundred and twenty-nine, been engaged in a duel either directly or indirectly, as principal or second, nor have 1 given or accepted, or knowingly carried and delivered a chal- lenge, or message purporting to be a challenge, either verbally or in writing, to fight the person of another, in the State of Geor- gia or elsewhere, at sword, pistol, or other deadly weapon: so help me God,” ––CŞee-– COUNTY TREASURERS. An Act to appoint County Treasurers, and define their duties. Passed 24th December, 1825. P. 67. 1. Sec. I. Be it enacted, &c. That the justices of the infe- rior in the several counties in this State may, on the first Mon- day in January next, and biennially on the first Monday in January, or as soon thereafter as convenient, appoint some fit and proper person other than the clerk of the inferior court as county treasurer, who shall before he enters upon the duties of his office give bond with security to the justices of the inſerior court for the faithful discharge of his duty in such sum as they shall prescribe, not less than double the amount of funds in hand and the annual revenue of the said county, and shall moreover take an oath well and truly to discharge the duties of his said office. 2. Sec II. It shall be the duty of tax collectors, sheriffs, clerks of the superior and inferior courts, justices of the peace, coroners, and all and every other person or persons who may have or hereafter shall have in his or their hands any money belonging to the said county, to pay the same over to the said county treasurer, on or before the fifteenth day of December in each and every year, and on failure thereof pay twenty per cent. interest on all sums which they may on final settlement be in arrears for, who shall give a certificate of the same directed to the clerk of the inſerior court, who shall receive the same and receipt therefor, and shall enter the amount of the said certificate in a book to be kept for that purpose, together with the name of the persons in whose favour it is given, and shall keep the same on file in his office. 3. Sec. III. When any person shall apply for a tavern or retailer’s license he shall pay to the county treasurer the fees * COUNTY TREASURER.S.—1825. 75 now required by law, and shall receive from the treasurer a certificate directed to the clerk as aforesaid, who shall receive and enter the same as above directed, and grant the said license, which shall specify the place where said retailing is to be done, upon the applicant's giving bond and Security as required by law. 4. Sec. IV. It shall be the duty of the county treasurer to pay without delay all orders passed by the inferior court and directed to him, provided he has funds so to do, and shall upon paying the same take a receipt upon such order for his justifi- cation and shall keep the same on file in his office. 5. Sec. V. The said county treasurer shall keep a book in which he shall exhibit on the debtor side all sums of money paid out by him, the time when paid, and the persons to whom paid, and upon the credit side all sums of money received by him, the persons from whom received, and on what account the same has been received, which book shall at all times be open to the inspection of the court or any person interested. 6. Sec. VI. It shall be the duty of such county treasurers to exhibit to the grand jury at the superior court first held in each year, a statement of the county funds containing a detailed ac- count of the Several objects and amounts of expenditures with the vouchers therefor, including the balance either way from the year preceding. And the justices of the inferior court or a majority of them shall have power to issue execution against such county treasurer and his securities for the amount in his hands on his failing to pay or account therefor within ten days after written notice from such justices to that effect. 7. Sec. VII. That nothing in this act shall be so construed as to abrogate the office of trustees of the poor school fund, created by the act approved the twenty-second of December, eighteen hundred and twenty-three,” or to interfere with the academy funds of the county. 8. Sec. VIII. The inferior court shall pay to the said trea- surer such sum for his services as may appear to them to be reasonable and just, so as not to exceed two and a half per cent. on any moneys received by him; neither shall he exceed that amount for disbursing the same. * See page 5, for this act. The trea- surer to pa all olders y passed by the J. I. C. and directed to him, if he has funds. The county treasure lº shall keep a book of en- try of his receipts and expenditures, with dates, &c. subject to the inspection of the court or any person interested. He shall make an ex- hibit of the county funds to the grand jury at the first term of the superior court in each year. J. I. C. may issue execu- tion against him when he refuses or omits to ac- count for money in his hands. Not to ab- rogate the of. fice of trustee of the poor school fund. The J. I. C. may allow him a com- É. for ls StºrW1CCS, 76 courts.--INFERIOR.—1820, 1821. The J. I. C. may draw a jury out of term time, 40 days be- fore the sit ting of the COUNYt. Clerk to make out a list, and place it in the hands of the sheriff, who shall summon said July. J. I. C, may levy extra taxes. And collect- ed by the tax collectors. COURTS. An Act to authorize the Justices of the Inferior Courts in this State to draw Juries out of term time.—Passed 13th Decem- ber, 1820. P. 4. 1. Sec. I. Be it enacted, &c. That from and after the pass- ing of this act, it shall be lawful in all cases where it happens that the justices of any inferior court, at the regular term of said court, shall omit drawing a jury to serve at the succeeding court, that the justices of said court, or any three of them, with the sheriff and clerk, meet at the place of holding such court at least forty days previous to the sitting of said court, and draw a jury under the same regulation that they ought to have done in term time. 2. Sec. Il. Where any inſerior court in this State, at the regular term of said court, having omitted drawing a jury to serve at the next court, that they shall, after the passing of this act, be authorized to draw a jury at any time under the same regulation as in the preceding section; and that the said clerk of the inſerior court shall, immediately after the drawing of Said jury, as herein provided, make out a list of the jury so drawn, and place the same in the hands of the sheriff or depu- ty, who shall proceed immediately after receiving the same to summon the jury so drawn, in the same manner as if they had been drawn at the regular term of said court; and the said jury so drawn and summoned, shall be bound and liable to Serve in the same manner and under the same penalties, as if drawn at the regular term of said court, any law to the con- trary notwithstanding. An Act to authorize the Justices of the Inferior Court in the several Counties of this State to levy eastraordinary Taa’es for County purposes. Passed 19th December, 1821. P. 115. 3. Sec. I. Be it enacted, &c. That from and after the pass- ing of this act, the justices of the inferior court of the respective counties in this State, or any three of the bench of justices of the said court, in any county, shall have power, whenever in their opinion the exigencies of their respective counties may so require, to levy upon the inhabitants of any county in which the said justices may preside, a tax extraordinary of the gene- ral State tax, and shall be authorized to have the same collect- ed by the tax collector for any county in which such tax may COURTS.—INFERIOR.—1829. 77 be levied by them. Provided, that nothing herein contained shall be construed to authorize the justices as aforesaid, to order any levy which shall exceed fifty per centum on the ge- neral State tax annually : Provided, this act shall not be con- Strued to extend to the repeal of an act passed on the second day of December, 1820, authorizing the inferior court of the county of Oglethorpe to levy an extra tax. 4. Sec. II. No extraordinary tax shall be levied and col- lected by the inferior courts, as by this act contemplated, unless two-thirds of the grand jury of the county shall first recommend the same at a regular term of the superior court. 5. Sec. III. It shall be the duty of the tax collector of any county in which such extraordinary tax may be levied, in the manner provided in the foregoing section of this act, upon being required to do so, by the justices of the inferior court, or a majority of them, to give bond and approved security to the justices aforesaid, or their successors in office, in a sum not exceeding double the amount of the extraordinary tax assess- ed, conditioning for the faithful collection and payment of the same into the clerk's office” of the inferior court, there to re- main subject to the order and application of the justices of the inferior court for county purposes, and the collector shall be entitled to the usual commission for collecting any such extra- ordinary tax to be assessed and levied as aforesaid. An Act to authorize the Inferior Courts of this State, when sit- ting for ordinary purposes, to order the sale of any Slave or Slaves, belonging to the estates of Testators or Intestates or Wards.-Passed 21st December, 1829. P. 36. 6. Sec. I. Be it enacted, &c. That it shall and may be law- ful for the inferior courts of the several counties in this State, when sitting for ordinary purposes, to order the sale of any slave or slaves belonging to the estate of any testator or intes- tate or ward, on the application of the executor or executors or executrix, administrator or administratrix, or guardian or guardians, which shall be at public auction, and on the first Tuesday of the month, between the usual hours of sale, at the place of public sales in the county where the letters testament- ary, of administration or of guardianship, may have been grant- ed, giving sixty days notice thereof in one of the gazettes of Not exceed- ing 50 per Centum On the state tax. Not to be levied unless two-thirds of the grand jury shall so recommend. Tax collector to give bond and security. Condition of the bond. Collector en- titled to the usual coun- mission. * Now County Treasurer's Office. See sec. II, of that title. Ordinary court may grant the sale of any slave be- longing to an eState Ol' ward upon application. Sale to be at public auc- tion, &c. Sixty day’s notice. 78 COURTS.—SUPERIOR AND INFERIOR.—1823. this State, and at the door of the court house of the county where such sales are to be held, where it is made fully and plainly appear that the same will be for the benefit of the heirs and creditors of such estate, or of the ward of such guardian or Provio, guardians: Provided, that a notice of such application for leave notice oran to sell, be first made known in one of the public gazettes of this ** State at least four months before any order absolute shall be made thereupon. \ An Act to authorize the adjournment of the Superior and Inferior Courts and Courts of Ordinary in certain cases, by the afficers therein named. Passed 8th December, 1823. P. 48. Whereas, it frequently happens, from unavoidable circum- stances, that the judge of the superior courts, a majority of the justices of the inferior courts, cannot attend at the regular term of said courts, and that a term is thereby lost, to the great injury of those concerned, as well as a delay of justice: w The infe- 7. Sec. 1. Be it enacted, &c. That from and aſter the passing rior court be ad- g ſº * * gº * * >~. º, of this act, that if from any circumstance, a majority of the ... justices of the inferior court in any of the counties of this State court, the ... should ſail to attend at the regular term of said inferior courts, CO l’Oiler Ol' ‘. . or at any adjourned term, it shall and may be lawful for any and the clerk * me g º ſº ºilº one of the justices of the inferior court in the county where such failure may take place, together with the sheriff or his deputy, coroner or constable, and the clerk of said court, to adjourn said court to such time as they in their judgment may think proper. One of the 8. Sec. II. If from any circumstance as aforesaid a failure infelior court Mººn, should take place in making a court of ordinary in any of the cle, k of the ... counties in this State, either at a regular term, or at any ad- adjourn the j." journed term, that it shall and may be lawful for any one of the inferior courts, with the clerk of the court of ordinary, to ad- journ said courts to such time as they may think, in their judg- ment, proper. The clerk of 9. Sec. III. The clerks of the superior court of this State the superior * g & * * * ... be authorized, whenever they are informed by the presiding adjourn the .* judge, that it is not possible for him to attend the regular term (*Oul't. *... of said court, from sickness or other causes, to adjourn the same journment in #..." to such time as he may direct: and shall moreover advertise the same at the court-house of the county in which said court is to be held, and one or more times in some public gazette of the State. COURTS.–SAVANNAH.-1821. 79 10. Sec. IV. All laws and parts of laws militating against this act, be and the same are hereby repealed. An Act to authorize the Justices of the Inferior Court of either county to build Bridges over water courses dividing counties. Passed 20th December, 1824. P. 51. 11. Sec. I. Be it enacted, &c. That from and after the pas- Sage of this act, it shall and may be lawful in all cases where the justices of the inferior court of one county shall refuse or fail to co-operate with another in building a bridge over a stream dividing the counties, for the justices of the inferior court of the other county to proceed to build a bridge over said stream, subject to no other restriction than they would be, were the said bridge in their own county entirely. e An Act to repeal the nineteenth section of an Act, entitled, “An Act for the organization of a Court of Common Pleas and Oyer and Terminer for the city of Savannah, and for repeal- ing the civil jurisdiction given by the laws of this State to the mayor and aldermen, or to the mayor of said city.” To pre- scribe the terms at which the said Court shall hereafter be held, and to compel the attendance at said terms, of the Constables drawn by the mayor and aldermen of said city. Passed 30th November, 1821. P. 24. 12. Sec. I. Be it enacted, &c. That the nineteenth section of the said act for the organization of a court of common pleas, and oyer and terminer, for the city of Savannah, be and the same is hereby repealed; and that there shall be, hereafter, the following terms of the court in each year, to wit:-on the third Monday in October, on the second Monday in Decem- ber, on the fourth Monday in January, on the second Monday in March, on the fourth Monday in April, on the second Mon- day in June, and on the second Mlonday in July; and that all suits, writs and processes, which have been instituted hereto- fore, and made returnable to the terms of the court as they have been heretofore held, and which after the passing of this act, shall remain undecided and unexecuted, shall be acted upon at the terms of the said court, hereafter to be held according to the provisions of this act. How bridges may be built OVer Water courses di- viding coun- ties. * This 19th section may be seen in Prin. Dig. p. 240. Time of holding the CO urt. 80 COURTS.–SAVANNAH.--1822. Constables to attend the COil Tºte Defaulting constables proceeded against. Stay of ex- ecution 60 days by giv- ing security, &c. Executions to be issued against the principal and security. Jurisdiction of the court. 13. Sec. II. Such persons as have been or may hereafter be drawn or chosen by the mayor and aldermen of the city of Savannah, as constables for said city, shall be compelled to attend the terms of said court, to execute the orders and pro- cesses of said court; and on failure of such attendance after having been required to do so, by the sheriff of the said court, that the judge of said court is hereby authorized and empow- ered to proceed against any defaulter, by attachment for con- tempt. An Act to authorize the stay of eacecutions to be issued on judg- ments obtained in the Court of Common Pleas and Oyer and Terminer for the city of Savannah, by defendants, on entering security and payment of costs for sixty days. Passed 19th December, 1822. P. 34. 14. Sec. 1. Be it enacted, &c. That from and after the pass- ing of this act, it shall and may be lawful for the defendant or defendants against whom judgments may be obtained and en- tered in the court of common pleas and oyer and terminer for the city of Savannah, upon the payment of costs of said judg- ments and entering into good and sufficient security before the clerk of said court, within four days after the rendition and en- tering of the judgment aforesaid, for the payment of the judg- ment, interest, and all future cost to accrue thereon, shall be entitled to a stay of execution or executions for sixty days. And if such party or parties shall not pay the same agreeable thereto, then, and in such case execution may issue against him or them and their security or securities without any other proceeding thereon. 15. Sec. II. All laws and parts of laws militating against this act, be and the same are hereby repealed. An Act, to amend the several Acts establishing a Mayor's Court in the city of Augusta, and also the several laws incorporating said city. Passed 9th December, 1822. P. 35. 16. Sec. I. Be it enacted, &c. That from and after the pass- ing of this act, the mayor's court for the city of Augusta shall have cognizance and jurisdiction of all cases of a civil nature, not involving the title to real estate, where the defendant or defendants shall reside within the limits of said city, and the debt or demand shall be over thirty dollars and not exceeding CITY COURTS.—AUGUSTA.—1822. 81 three hundred dollars,” whether the plaintiff or plaintiffs shall reside within said city or elsewhere, or whether the demand shall have accrued within the same or otherwise. [The remainder of this section repealed by the act of 1823. See sec. 23.] 17. Sec. II. In case either party in any cause tried by a jury in said court, shall be dissatisfied with the verdict of the jury, such party may within three days after the adjournment of Said court, or during its sitting, enter an appeal to the supe- rior court of the county of Richmond, before the clerk of said mayor's court, upon the same terms, conditions and regulations as are prescribed by law for the entry of appeals from verdicts in the superior court, and it shall be the duty of said clerk to transmit the record and papers of file in relation to such cases to the clerk of the superior court at least ten days before the sitting of said superior court, next to be held after the entry of such appeal. And it shall be the duty of the clerk of the superior court aforesaid to receive and enter all such appeals on the appeal docket of said court, and all such cases shall be tried by a special jury, in the same manner and under the same rules, regulations, restrictions, limitations, and penalties, as if said appeals had been entered in the superior court, and fina process shall issue in like manner. 18. Sec. III. The sale day of sheriff of said city shall be on the first Tuesday in the month; and in all cases of levy on real estate or negroes, the time of advertising and all other pro- ceedings shall be the same as is required by law of the county sheriffs in similar cases. 19. Sec. TV. The said mayor's court shall not maintain jurisdiction of more than one case at the same term between the same parties, where such causes can be legally joined in one action, although the same may be on different contracts; but the same shall, on motion, be consolidated, and the defend- ant shall not be bound to pay any more cost than would have accrued on one action; and when on Such consolidation the amount demanded shall not exceed the jurisdiction of said court as herein before expressed, the plaintiff shall be non-suit. 20. Sec. V. At the next general election for members of the city council of Augusta, and at every subsequent election, the persons entitled to vote for such members in their respec- “But see sec. 28, reducing the jul isdiction to two hundred and fifty dollars Sec. 37, again increases the jurisdiction to three hundred dollars May appeal within 4 days. Clerk of superior Court IO l'e- ceive the appeal. Tried by a special jury. Time of city sheriff’s sales and the time of advertis- ing the same. Consolidation of cases. Costs, Time and manner of electing the mayor. 11 82 COURTS.–CITY COURTS.–AUGUSTA.—1823. In the event of a tie what must be done. District No. 1, entitled to an additional representa- tive. Repealing 3.Ct. tive districts or wards, shall at the same time and in the same manner vote for some fit and proper person to fill the office of mayor of said city; and it shall be the duty of the persons pre- siding at said elections, or some three or more of them, imme- diately after they have closed the polls of the day, to assemble together at the place of holding the election on the middle ward, or district number two, and having added together the votes received for mayor as aforesaid, shall thereupon declare the person having the highest number of votes duly elected mayor of said city; and the person so elected shall be qualified and inducted into office in the manner heretofore pointed out by the acts to which this is amendatory. And in the event of any two or more having the highest and an equal number of votes, the members of the said city council shall decide by a majority of votes, which of the persons having such equal number shall be the mayor. 21. Sec. VI. The ward or district number one, in said city, as heretofore defined, shall be entitled to one more representa- tive in the council of said city; and that at the next general election, and at every election thereafter the persons entitled to vote for members of the said city council in said district, shall vote for three members instead of two as heretofore. 22. Sec. VII. All laws and parts of laws heretofore passed, which are contrary to the principles of this act, be, and the same are hereby repealed. An Act to repeal the Proviso of the first section of an Act passed the ninth day of December, eighteen hundred and twenty-two, entitled, an Act to amend the several Acts establishing a Mayor's Court in the City of Augusta, and also the several Laws incor- porating said city, and to restore certain parts of former Laws wpon the subject.——Passed 8th December, 1823. P. 49. 23. Sec. I. Be it enacted, &c. That from and after the passing of this act, the proviso of the first section of the above recited act” shall be, and the same is hereby repealed; and that all laws or parts of laws that were repealed or altered by the said proviso of the first section, shall be, and the same is hereby restored to its original force and effect, any thing in the * The latter clause of the first section of the preceding act. COURTS.--CITY COURTS.——AUGUSTA.—1824, 1826, 1828. 83 seventh section of the above recited act to the contrary not- withstanding. An Act to amend an Act, entitled, an Act to amend the several Acts establishing a Mayor's Court in the City of Augusta, and also the several Laws incorporating said City.”—Passed 20th December, 1824. P. 139. 24. Sec. I. Be it enacted, &c. That in the event of a va- cancy happening in the mayoralty of the city of Augusta, by death, resignation or otherwise, such vacancy shall be filled by election, in the same manner as that office is directed to be filled under the provisions of the act of which this is an amend- ment; which elections shall be held by order of any three or more members of the city council, published for ten days in the public gazettes of said city. An Act for the better organization of the Mayor's Court of the City of Augusta, and for changing the name of the same.— Passed 21st December, 1826. P. 69. 25. Sec. I. Be it enacted, &c. That from and after the passing of this act, the court now known as the mayor's court of the city of Augusta, shall be called the court of common pleas for the city of Augusta. 26. Sec. II. The judge of the said court shall be elected by the legislature immediately after the passing of this act, and shall hold his office for the term of three years, unless removed therefrom by the governor, on the address of two-thirds of both houses of the general assembly. •. 27. Sec. III. All laws and parts of laws militating agains this act, shall be, and are hereby repealed. An Act to regulate the jurisdiction of the Court of Common Pleas for the City of Augusta, the fees of the Attorneys, Clerk and Sheriff thereof, for diminishing the number of its Terms from twelve to four during the year, and for other purposes.—Passed 19th December, 1828. P. 69. 28. Sec. I. Be it enacted, &c. That from and after the pas- sage of this act, the court of common pleas for the city of Vacancy of the mayor, how filled. Name of the court chang- ed. Judge to be elected by the legisla- ture for 3 years. gº- * The act in p. 80. Jurisdiction of the court. 84 COURTS.—CITY COURTS.—AUGUSTA.—1828. Augusta, shall have jurisdiction over any suit or action ea con- tractu, wherein the principal debt amounts to the sum of two hundred and fifty dollars” exclusive of interest, and in any suit or action ea delicto, wherein the damages claimed do not ex- ceed the sum of two hundred and fifty dollars,” but not in any suit or action over which justices of the peace hitherto have had jurisdiction. 29. Sec. II. From and after the passage of this act, the said court shall hold but four terms in each and every year; the first, on the fourth Monday in January; the second, on the fourth Monday in April; the third, on the fourth Monday in July; and the fourth, on the fourth Monday in October.f 30. Sec. III. The attorneys practising in said court, shall receive as a tax fee on all suits brought before said court and perfected to judgment, the sum of three dollars; and on all suits brought and settled before judgment, the sum of two dollars. 31. Sec. IV. The clerk and sheriff of the court aſoresaid, shall have and receive but two-thirds of the ſees heretofore al- lowed to each respectively by law ; and the practice of said court to be charged as costs against the suitors in said court. 32. Sec. V. It shall be the duty of the clerk of said court, upon the institution of any suit, to collect and receive from the plaintiff, the fee which is allowed by law to the judge of said court, and required to be advanced at the institution of said suit.} 33. Sec. VI. All judgments obtained in said courts, shall have a lien on all property belonging to the defendant through- out the State, and all executions shall be directed to the city sheriff, and all and singular the sheriffs of the State of Georgia, and may be levied on property throughout the said State : Provided, that the city sheriff of the city shall levy all execu- tions on property within the limits of the corporation. 34. Sec. VII. The sheriff and clerk of said court, shall be liable to be sued in said court, in the same names in which other parties are made defendants; and when the clerk of said court shall be defendant in any suit or action, it shall be the duty of said clerk to copy the petition upon which said suit is founded, and annex a process thereto, which shall be signed Tax fee. Clerk and sheriff’s fee. Judge's fee. Lien of judgments. Executions, how directed. City sheriff's duty in levy- ing execu- tions. The Sheriff and clerk may be sued. When the clerk is sued, what must be Olle, * Sec 37, increased to three hundred dollars. f But see sec. 43, altering the numbel and fixing the times of holding the court # As to the judge's fee see Prin. Dig. p. 233. Sec. 106 Cour.T.S.–CITY COURTS.—AUGUSTA-1829. 85 by the judge of said court, and shall be served in the same manner as in other cases; and it shall be the duty of the clerk aforesaid, to make out final process in any case in which he may be interested, which shall be signed by the judge of said court, and executed as in all other cases; and when the sheriff ... the sheriff is of the court aforesaid, shall be defendant in any suit brought .º. must be done. before the court aforesaid, it shall and may be lawful for the marshal of the city, or any one of the city constables, to effect service on said city sheriff, and such service shall be deemed good and valid; and it shall moreover be lawful for the mar- shal or any city constable to execute all lawful processes against the sheriff; and the proceedings thereon shall be the same as in other cases. 35. Sec. VIII. All laws regulating attachments in relation Attachments. to evidence, and the taking of depositions by interrogatories of force in the superior court of this State shall be of force in the city court. 36. Sec. 1X. All laws and parts of laws repugnant to the provisions of this act be, and the same are hereby repealed. An Act to amend the several Acts respecting the Court of Com- mon Pleas of the city of Augusta.” Passed 21st December, 1829. P. 34. 37. Sec. I. From and after the passage of this act, the ſº, court of common pleas for the city of Augusta, shall have juris- diction in all civil cases (except such as involve title to real estate, or that may fall within a magistrate's jurisdiction) where the sum claimed, or the demands of the plaintiff, shall not ex- ceed the sum of three hundred dollars exclusive of interest. 38. Sec. II. The judge of the said court of Gommon pleas, ...", shall in the absence of the judge of the superior court have con- ..., current jurisdiction with the justices of the inferior court in all “"“” matters of habeas corpus, and shall also have full power and authority to issue warrants upon criminal charges, to examine persons apprehended under said warrants, and to commit, dis- charge, or admit to bail, in the same manner that a justice of the peace may now do: Provided that the offence charged, and Proviso. upon which the said judge may issue his warrant, hath been Committed or that the same is alleged to have been committed in the said city of Augusta. * The party defendant in this court must reside within the corporate limits where the suit is instituted. See laws of 1830 86 COURTS.–CITY COURT.-AUGUSTA.—1829. May issue at- tachments. The judge being a par- ty to a suit, how conduct- ed. Rent. Judgment. Where one of the parties to a suit re- sides without the city of Augusta, how proceed- ed against. Proviso. Time of hold- ing the court. Stay of exe- cutions 60 days, on paying cost and giving security within 4 days. Security liable. 39. Sec. III. The judge of the said court of common pleas, or any member of the city council, shall have full power and authority, to issue attachments which shall be returnable to the said court, and within the jurisdictional amount of the same, in all those cases where a judge or the officer may now, accord- ing to law, issue attachments. 40. Sec. IV. In all cases brought in the said court, where the judge thereof shall be a party, or interested therein, it shall be the duty of a justice of the inferior court of Richmond county, to preside at the trial of the same. 41. Sec. V. All actions commenced in said court for the recovery of rent in arrear, shall be tried at the first term, unless good cause be shown for a continuance; and judgment shall be given, upon all writs of Scire facias against bail, at the term of said court, to which they may be returnable, unless sufficient cause be shown for a continuance. 42. Sec. VI. In all cases where a suit shall be instituted in the said court, on any open account, bond, note, or other obli- gation in writing, against two or more persons, and any of the defendants in said suit, shall reside out of the city of Augusta, the clerk of said court, shall make out an original petition and process, and a copy or copies thereof for each county, in which the defendant or defendants may reside; and it shall be the duty of the plaintiff or his attorney, to deliver the said original and copy, to the sheriff of the county in which the defendant or defendants may reside, whose duty it shall be to serve the same, and to make due return thereof, to the said court, and the plaintiff shall proceed as in other cases: Provided, that at least one of the defendants reside in said city, and be served with process. 43. Sec. VII. The sessions of said court, in each and every year, shall be six, and shall be held on the fourth Monday in January, on the fourth Monday in March, on the fourth Mon- day in May, on the fourth Monday in July, on the fourth Mon- day in September, and on the fourth Monday in November, from and after the passage of this act. 44. Sec. VIII. Any party against whom a judgment may be entered, may stay the levy of execution for the space of sixty days, on payment of all costs, and giving good and sufficient security within four days after judgment, for the payment of the debt so recovered, and all future costs which may accrue therein; and if such party shall fail to pay the same agreeably thereto, execution may issue against such party and the Secu- rity, without any other proceeding thereon. CORONER's INQUEST.S.—1823. 87 An Act to alter and change the time of holding Land Courts in the several counties in this State. Passed 20th December, 1828. P. 65. 45. Sec. I. Be it enacted, &c. That from and after the pass- ing of this act, land courts may be held in the several counties in this State, on the first Tuesday in each month; any law to the contrary notwithstanding. NotE. Laws of 1830, p. 60, fixes the time for holding courts for the trial of caveats against the passing of grants of land in the several counties of this State, on the first Tuesday in each month. —-e Qe—— CORONER'S INQUEST.S. An Act concerning Coroner's Inquests.” Passed 20th Decem- ber, 1823. P. 153. Whereas, much inconvenience is now felt from the existing laws on the subject of duties and powers of coroners: 1. Sec. T. Beit enacted, &c. That from and immediately after the passing of this act, every person who shall be elected to the office of coroner, shall, before he enters upon the execution of the duties of his office, take the following oath or affirmation, to wit: “I, A. B. coroner of the county of , do solemnly swear or affirm, (as the case may be) that I will well and truly serve the State of Georgia, in the office of coroner of said county, that I will, to the utmost of my power, faithfully and truly execute, or cause to be executed all writs and precepts to me directed, and which shall come to my hands, and will faithfully and truly return the same, according to the best of my knowledge, skill, and judgment; that 1 will in no case knowingly use or execute the said office illegally, corruptly, or unjustly ; that I will nei- ther directly or indirectly by any means or device, or under any colour or pretence whatsoever, accept, receive, take, use, or enjoy, or consent to the accepting, using, receiving, taking, or enjoying any ſee or reward of, or from any person or persons whomsoever, for the summoning, empanneling, or returning any inquest, jury or tales, to or in any court for this State, or be- tween party and party, other than such fees or rewards as are Time of holding land COUT tS. * See forms for this law, Appendix, title Forms. Coromer’s oath. 88 CORONER'S INQUEST.S.—1823. Coroners to take inquests. Coroner to make out a precept di- rected to a constable. Form of the precept. Constable to execute the Sałłłęs or shall be allowed by law for the same, and that I will not di- rectly or indirectly, exact or demand any manner of fee or reward from any person or persons, for serving, executing, or returning any writ, precept, process, execution, or inquisition, or for any other service in my said office, other than such fees or rewards as are, or shall be allowed for the same by law, but that I will in all cases and things touching the duties of the said office, demean myself honestly, fairly, and impartially, ac- cording to the best of my knowledge, skill and judgment. 2. Sec. II. Every coroner shall upon view of the body, take inquests of deaths in prisons: Provided, such death happen Sud- denly or violently, and without an attending physician, unless such death be attended by suspicious circumstances, and of all violent, sudden, or casual deaths within his county, and the manner of such deaths. 3. Sec. III. The coroner, as soon as he shall have notice or be certified of any death as aforesaid, shall make out a pre- cept directed to any constable of the county where the dead body is found or lying, requiring him to summon a jury of in- quest, composed of good and lawful men, from the captain's district within which the said body may be reported to lic, or from an adjoining district of said county if necessary, to ap- pear before him at the time and place in such precept men- tioned and contained, which precept shall be in form following: 6% county, to wit: The State of Georgia to any lawful constable of the said county.—You are required immediately upon sight hereof, to summon — good and lawful men from district, or an adjoining district if necessary, of the county of , to be and appear before me, A. B. the coro- ner of the county aforesaid, at in the said district of said county, on the day of , at the house of 2 in the noon of the same day, then and there to inquire of, do, and execute all such things as, on behalf of the State shall be lawfully given them in charge touching the death of 2 (or a person unknown, as the case may be,) and be you then and there to certify what you shall have done in the premises, and further to do and execute what in behalf of the said State, shall be then and there enjoined upon you. Given under my hand and seal, at , in the said county, this day of , in the year of our Lord .” 4. Sec. TV. The constable to whom such precept shall be directed and delivered shall forthwith execute the same, and shall repair to the place at the time mentioned therein, and CORONER'S INQUEST.S.—1823. 89 make return of the precept with his proceedings thereon to the COTOIler. 5. Sec. V. It shall be the duty of the coroner to certify and º.º. return de- faulting con- return every constable who shall neglect or refuse to execute . the services and duties, or any of them, by this act prescribed, ...no to the next inferior court to be held in and for the county, which ..." court unless a reasonable excuse be offered shall set such fine "*** upon the constable so offending, as they shall think fit and reasonable, not exceeding fifty dollars. 6. Sec. VI. When any jury shall be summoned as afore-pefaulting said, and shall fail to attend, that then and in that case, the ; *y said defaulting juror shall forfeit and pay a sum not exceeding." ten dollars, to be levied by execution, under the hand and seal of said coroner, unless such defaulting juror shall show good and sufficient cause of excuse within ten days after said default, ºr to be made on oath before any justice of the peace, and filed it. e - º º up ayS. in the office of the clerk of the inferior court, the merits of which excuse shall be determined by the next inferior court thereafter. 7. Sec. VII. The coroner shall swear or affirm twelve of The coroner may swear e -- e. Ae 12 of the i the said jurors who shall appear, seven of whom shall be com- ?...Y petent to return a verdict, and shall administer to the foreman ..." of the inquest an oath or affirmation, upon view of the body, in form following: “You, as foreman of the inquest, shall dili- ...” gently inquire and true presentment make, on behalf of the State of Georgia, how and in what manner or a person deceased, unknown, as the case may be, here lying dead, came to his death, and of such other matters relating to the same, as shall be lawfully required of you, according to evidence;” and then shall swear or affirm, by three at a time, in order, the rest of the jurors in form following: “Such oath or affirmation, as The remain- the foreman of this inquest hath taken on his part, you and #ºn. every of you shall well and truly observe and keep on your part.” 8. Sec. VIII. When the jury are sworn or affirmed, as coronerto o e charge the aforesaid, the coroner shall charge them on their oath or aſ jury. firmation, to declare if the death of the person, whether he or The charge. she, died by murder, manslaughter, misadventure, misfortune, accident, or otherwise, and who, and when, and by what means, and in what manner; and if by murder, who were principals, and who were accessories; and if by manslaughter who were the perpetrators, and with what instrument the stroke or wound was in either case given, and so of all prevailing circumstances, which may come by presumption; and if by misadventure, mis- 12 90 CoRONER’s INQUEST.S.—1823. He may issue process for witnesses. Witnesses’ oath. To deliver the inquisi- tions to the next superior court. Evidence to be taken down in writing. Witnesses to be bound over to court. Evidence and recognisance to be certi- fied, and also the inqusi- tion, and re- turned to the next superior court. Coroner not discharging his duty un- der this act, how dealt with. fortune, accident, or otherwise, whether by the act of God or man, and whether by hurt, fall, stroke, drowning, or in any other way; to inquire what persons were present at the death, from whence the deceased came, and who he or she was, and his or her parents, relatives, or neighbours; who were the find- ers of the body, whether killed in the same place where he or she was found, or if elsewhere, by whom and how he or she was brought from thence, and of all circumstances relating to the said death; and if he or she died in prison, whether by hard usage there or not, and if so, how and by whom ; and if he or she put an end to his or her own life, then to inquire of the manner, means or instrument, and of all circumstances Con- cerning it. 9. Sec. IX. It shall be lawful for every coroner to issue process for witnesses, commanding them to come before him to be examined, and to declare their knowledge concerning the matter in question; and the said coroner shall administer to every witness an oath or affirmation, in form following: “ You solemnly swear (or affirm) that the evidence which you shall give this inquest, on behalf of the State, touching the death of C. D. (or a person unknown, as the case is) shall be the truth, the whole truth, and nothing but the truth.” 10. Sec. X. All coroners shall deliver their inquisitions to the next superior courts of their respective counties, and the said court shall proceed thereon against the offender. 11. Sec. XI. Every coroner upon any inquisition before him found, whereby any person or persons shall be indicted of murder or manslaughter, or as accessory or accomplice to the said crime of murder, either before or after the fact, shall put in writing the effect of so much of the evidence given to the jury before him, as shall be material; and every such coroner is hereby authorized and required to bind all such, by recognisance as do declare any thing material to prove the said murder or manslaughter, or to prove any person or persons accessory or accessories as aforesaid, to the said murder, to appear at the next superior court of the county where the trial thereof shall be, then and there to give evidence against such offender or of. fenders, at the time of his, her, or their trial; and shall certify as well the same evidence as such recognisance or recognis- ances in writing, as he shall take, together with the inquisition before him taken, and forward to the said superior court at or before the time of the trial of the party or parties indicted. 12. Sec. XII. If any coroner be remiss, and do not take inquisition as aforesaid, or do not certify as is before directed, DEBTORS.—1820. 9i or shall offend in anything contrary to the true intent and mean- ing of this act, the superior court of the county where such offence shall be committed, upon due proof thereof by examina- tion before them, shall, for every such offence, set such fine upon the said coroner as the said court shall think fit and reasonable, not exceeding five hundred dollars. 13. Sec, XIII. The said coroner shall, before entering on the duties of his office, give bond and security, as is prescribed in the case of sheriffs, in the sum of five hundred dollars, except in the counties of Chatham and Richmond, where the penalty of said bonds shall be two thousand dollars. 14. Sec. XIV. The coroner and constable serving the pro- cess, shall each receive, in addition to the fees now prescribed by law, the sum of fifty cents on each execution collected : and that the constable summoning the jury shall receive the sum of one dollar. 15. Sec. XV. All laws and parts of laws militating against this act, be, and the same are hereby repealed. ——eºše—— DEBTORS. An Act to eactend to all persons imprisoned for debt, the privilege of prison bounds.-Passed 22d December, 1820. P. 58. 1. Sec. I. Be it enacted, &c. That within six months from the passing of this act,” the sheriffs of the several counties of this State shall, under the direction of the inferior courts of the counties where jails are built, lay off, or cause to be laid off, around the jails, in such manner as they may deem most con- venient and proper, ten acres; and, in the counties where no jails are yet built, it shall be the duty of the sheriffs, under the direction of the inferior court in those respective counties, within three months after a jail is erected in the same, and re- ceived, to lay off the same number of acres, as is provided for in this act; which, limits, when so laid off in each case, shall be held and considered as prison bounds. 2. Sec. II. So soon as prison bounds are ascertained in the manner hereinbefore pointed out, and any person shall be ar- * The act of 24th December, 1821, extends the time to six months from the passage of that act ; but it is temporary, and is not inserted. Coroner to give bond. Amount of bond 5,000 dolls, except in Chatham and Rich- mond, amount of bond 2,000 dolls. Coroner and and consta- ble’s fee. Jail bounds to be laid off. Ten acres. 92 DEBTOR.S.—1820. †... rested and committed to jail by any officer upon civil process, arrested up- on civil pro- .." and the person so arrested and committed to jail, shall tender d h * * , , º º & g te ::::::::: to the officer committing the said person to jail, a bond with º, good and sufficient security, in a sum of double the amount of jiຠit, the debt or demand for which he, she or they are committed to jail; which bond the said officer so arresting is hereby autho- ‘.... * rized and required to take, with condition that if the person or persons So arrested and committed to jail, do, at any time, without being legally discharged, pass or leave the boundaries so laid off and defined as prison bounds, such passage or de- parture of said bounds, shall be taken and considered as an escape and forfeiture of said bond; and the sheriff or other officer taking such bond and security, shall be bound on the *::::" application of the plaintiff in such case, his attorney at law, or "" in fact, to assign the same to the plaintiff, who may, upon such lºybeaued bond and assignment, commence an action for the breach of the same, against the principal or principals, and his, her or their security or securities at the same time, and shall recover against the principal or principals in said bond, and his, her or their security or securities, the amount of debt or demand with interest and cost, for which the person or persons was or were ** arrested and committed to jail : Provided nevertheless, no per- son so arrested or committed to jail, shall have the benefit of such bounds for a longer term than six calendar months, at the instance of the same plaintiff. Qicº, ºr 3. Sec. III. In case any sheriff or other officer so arresting sing to take tº , , º tº e * tº ... º. and committing a person or persons to jail upon any civil pro- may be in- dicted. cess, shall refuse to receive such bond as is hereinbefore set forth, the officer so refusing shall be subject to indictment for officertaking malpractice in office; and in case the officer shall take insuffi- insufficient e * e * g. tº º cient security, he shall be held liable to the plaintiff in the himself. several modes pointed out in the laws heretofore passed, pre- § scribing the liability of sheriffs and other officers; and in case tº the arrest should be made by a coroner, he shall be held to all liabilities. e * º g Aº º the liabilities that a sheriff would be, were the arrest made by him. NoTE.—By act of 1821, p. 80, where jail bounds have not been laid off, according to the provisions of the above act, the same may be done within six months from the 24th December, 182 ſ. DEBTORS.—1822, 1823. 93 An Act to eacempt from sale for debts contracted after a given time, certain articles chiefly necessary for the subsistence of the debtor's family.”—Passed 1822. P. 137. Whereas, it does not comport with justice or expediency to deprive innocent and helpless women and children of the means of subsistence: 4. Sec. I. Be it enacted, &c. That from and after the first Articlesex- empt from day of March next, the following articles shall be exempt sale. from levy and sale on account of any debts contracted after that day, to wit:—Two beds and bedding, common bedsteads, a spinning wheel and two pair of cards, a loom, and cow and calf, common tools of his trade and ordinary cooking utensils, . and ten dollars worth of provisions. 5. Sec. II. In all cases where any debtor shall have the #. benefit of the above recited act extended to him, it shall be the ; º duty of the officer levying the execution to make out a schedule lººk; he I. C. the ex- of the articles so exempted from seizure and sale, and return ºpted arº cles. the same to the clerk of the inferior court of said county, whose duty it shall be to record the same in a book to be kept by him for that purpose, then the above property shall be alienated and vested in the inferior court, to be appropriated to the benefit and use of said family so long as the defendant shall remain insolvent. 6. Sec. III. All laws and parts of laws, so far as they mili- tate with this act, shall be, and they are hereby repealed. An Act for the relief of Honest Debtors.”—Passed 19th Decem- ber, 1823. P. 137. 7. Sec. I. Be it enacted, &c. That from and immediately ... arrested on a after the passage of this act, when any debtor or debtors shall tº tisfaciendum be taken upon any capias ad satisfaciendum, and shall be de- ..." sirous of taking the benefit of the oath prescribed for the relief;..." of insolvent debtors, or of rendering a full and fair schedule º of his property, it shall and may be lawful for such debtor ºr ficer making or debtors to tender to the sheriff of the county, his lawful º deputy, or any constable, marshal, or other officer by whom he, security. she or they may have been taken, a bond or bonds payable to the party at whose instance the arrest was made, with good and sufficient securities in twice the amount of the debt, condi- * See forms for this law, Appendix, title Forms. 94 DEBTORS.–1823. The condi- tion of the bond. If he fail to appear, judg- ment may be entered up instanter. Proviso. Further pro- viso. If the debtor die the secu- rity discharg- ed. If the debtor be taken within twen- ty days of the sitting of the court, to be returna- ble to the next succeed- ing term of the court. Such debtor tendering such bond, the officer to release him. The security may surren- der his prin- cipal at the Inext COurt : his power to do so. tioned for his appearance at the next term of the Superior or inferior court, or any court of oyer and terminer and corpora- tion court in which said capias ad satisfaciendum was obtain- ed, (and if the same issued from a justice's court, then to the inferior court next to be holden in and for the said county,) then and there to stand to and abide by such proceedings as may be had by the court in relation to his, her or their taking the benefit of this act, and in case of failure to appear, judgment shall be entered up instanter upon said bond against the prin- cipal and his securities, to be discharged upon the payment of the debt and cost. And when an execution issues thereon, the defendant in the capias ad satisfaciendum shall not be en- titled to the benefit of this act: Provided, that if either of the parties to the said bond shall be desirous to have an issue made up and submitted to a jury, a jury shall be immediately empannelled to try such issue; and the plea of non est factum shall only be received upon the party making oath of its verity: And provided further, that if it shall be made appear satisfac- torily to said court that said debtor or debtors are prevented from attending court by sickness or other sufficient cause, to be adjudged of by the court, the case shall be continued over to the next court, at which time the same proceedings shall be had as if he had appeared at the first term : And provided fur- ther, that if such debtor or debtors shall die in the mean time, it shall be an absolute discharge of such bond or bonds: Provided nevertheless, that when any debtor or debtors shall be taken as aforesaid within twenty days before the sitting of said court, said bond shall be conditioned for his, her or their ap- pearance at the succeeding term of the court aforesaid. 8. Sec. 11. Upon such debtor or debtors tendering such bond or bonds it shall be the duty of such sheriff, deputy or constable, as the case may be, to release him, her or them, from confine- ment or custody, any law, usage, or custom to the contrary notwithstanding. 9. Sec. III. To enable the honest debtor the more easily to obtain the security required in the first section of this act, it shall be lawful for the said security at the court to which the principal is bound to appear, to surrender in open court said principal in discharge of the security, and for the purpose of making Surrender, the security is hereby authorized to exer- cise all the power which by law special bail have over their principal. 10. Sec. IV. That upon the appearance of said debtor or debtors at the court which he is bound to appear, it shall be DEBTORS.—1823. 95 lawful for him, her or them, either in person or by attorney, to ..." may move move the court to be admitted to take the oath prescribed for ..., take the in- the relief of insolvent debtors, or to swear to the schedule pre- . viously filed with the clerk of said court agreeable to the provi- º sions of this act hereinafter contained; and it shall be the duty †: le. of said court upon such debtor or debtors making it appear to ºn, or swear him them that at least ten days notice has been given in writing to º: ule, ayS his, her or their creditors of the intention to avail him, her, or revious nº tice having themselves of the benefit of this act, to administer the oath-pre- ; scribed for the benefit of insolvent debtors, or to swear him, her or them to the schedule as aforesaid, as the case may be, and to direct the clerk to make an entry of the same upon his minutes, clerk tº make the en- which shall exempt the body or bodies of such debtor or debt-tºpon the minutes. ors from imprisonment for debt, in all cases where notice may ºf have been given to the creditors, which notices shall be filed ºr “ with the clerks of said court: Provided nevertheless, that if any #ion creditor or creditors shall suggest any fraud, or concealment } of any property, money, or effects, it shall be the duty of the court to direct that an issue to be made up and tried by a jury, ºned by at the first term before such debtor or debtors are sworn: Pro- vided further, that if either of the parties shall be unprepared ºne for the trial of such issue, the court may continue the same un- der the same rules and regulations by which suits at law are now continued; and if the said jury shall find that there is any i. fraud or concealment, or if said debtor or debtors shall fall or 3 *** * refuse to answer upon oath, or if said debtor or debtors shall fail to make it appear to the court, that he, she, or they, have given the necessary notice to the creditor or creditors, at whose instance he, she, or they may have been arrested, then and in that case the said debtor or debtors shall be deemed in the custody of the sheriff, and the court shall adjudge that he, she, or they, bo imprisoned until a full and fair disclosure of all the property, money, or effects be made by said debtor or debtors, and until he, she, or they, have given the necessary notice as aforesaid, to be judged of by said court. 11. Sec. V. When any debtor or debtors, taken upon any ºf capias ad satisfaciendum as aforesaid, shall be desirous to ren- *** der a full and fair schedule of his, her, or their property and effects, he, she, or they, shall file the same with the clerk of the court which he is bound to appear at least ten days before the sitting of the court, at the sitting of which he proposes to avail himself of the benefit of this act, and that upon his being admitted to swear to the said schedule, the same proceedings 96 DOWER.—1824. Any person complying with the provisions of this law, shall not be , imprisoned for debt. The superi- or court may issue writs to assign and set off dower. Three per- sons to be appointed, a majority may act. They must be sworn. The person applying must give 20 days' written no- tice to any party resid- ing in the state, and 3 months’ in a gazette, if they reside out of the State. Application not to be made until the intestate be dead 3 months. Traverse tried by a .Jury. shall be had thereon as may be now had on schedules filed un- der the law now in force. 12. Sec. VI. No person shall be imprisoned for debt upon any capias ad satisfaciendum, who will comply with the requi- sites of this act, except in cases of fraud or concealment, here- inbefore mentioned, any law, usage, or custom to the contrary notwithstanding. 4. e 13. Sec. VII. All laws and clauses of laws, militating against this act, be and the same are hereby repealed. —CŞee- DOWER. An Act to authorize the Superior Courts of this State to appoint persons to assign and set off Dower, and to prescribe the mode of proceeding therein.” Passed 7th December, 1824. P. 54. 1. Sec. I. Be it enacted, &c. That the inferior courts of this State shall have power and authority upon the written applica- tion of any person entitled to dower in any lands and tenements in this State, to appoint three fit and discreet freeholders of the county in which the application is made, and to cause to be issued by the clerk of said court a writ for that purpose, to be devised and framed according to the nature of the case, direct- ing said freeholders or a majority of them, to enter upon such lands and tenements, and to admeasure, lay off, and assign the part or share thereof to which by the laws of this State the appli- cant is entitled; the persons so appointed being first sworn duly and impartially to execute said writ: Provided, that the person So applying shall give to all the parties in interest, their agents, attorneys, or guardians, twenty days written notice if they reside within the State, and if they reside without the State, three months notice in one of the public gazettes of this State of their intended application of such assignment of dower: And pro- vided also, that the application shall not be made until the ex- piration of three months after the death of the person to whom the said lands and tenements belonged. 2. Sec. II. In case any person or persons who may be in- terested in said lands shall traverse or deny the right of the * See forms for this law, Appendix, title Forms. DOWER.—1824. 97 applicant to such dower, (the grounds of which traverse or de- nial shall be plainly and distinctly set forth in writing) the court shall order an issue to be made up, and the same shall be tried by a special jury at the same term, unless it should appear to the court that the principles of justice should require a continu- " ance, which may be allowed for one term and no longer, and the verdict of the jury shall be final and conclusive between the parties. 3. Sec. III. When any person is entitled to dower in lands ...} in different and tenements situate in different counties of this State, appli- ... * lication cation shall be made in the manner and under the restrictions : each hereinbefore pointed out by the superior courts in each of such “” counties, and the writs granted by said courts shall only extend to the laying off and assigning dower in the lands and tene- ments situate within the county in which such application is made. 4. Sec. IV. The persons appointed for the purposes herein-Hº. before expressed shall return their proceedings or such writs to the term of the superior court next ensuing the one at which they were granted, there to remain of record, and which shall be final and conclusive between all the parties concerned, un- less some person interested shall show a good and probable º matter in bar of the confirmation of such assignment, or that jº. the applicant is not entitled to so much as hath been assigned, in which case the court shall permit an issue to be made up and tried by a special jury without delay, unless good and suf- ficient cause should be shown to the court for a continuance, Continuance. which may be granted for one term and no longer: and if the jury shall find in favour of the return and assignment already made, the same shall stand confirmed; but if they should find against it, the court shall forthwith award another writ direct- ing a new assignment, which shall be executed and returned as before directed, and which shall be final and conclusive to all the parties; and in all cases where the assignment so made is confirmed by the court, writs of possession on the application Wºº, of the person to whom dower is so assigned, shall be issued by j the clerk of the superior court from which the writ originally issued for such assignment, to give such person possession of the lands and tenements so assigned to them. 5. Sec. V. The persons so making the assignment shall in Nºy the every case give to the parties in interest ten days notice, if they #.. reside within the State, and if they reside without the State, two months notice in one of the public gazettes of this State, of the time and place of making said assignment. 13 98 Dow ER.—1826. The persons uaking the assignment to employ a surveyor. Their com- pensation. Execution may issue for the amount. 6. Sec. VI. The persons making such assignment shall be authorized to appoint and employ a surveyor to assist in exe- cuting the writ to them directed, who together with themselves shall be entitled to such compensation for their services as the court shall deem reasonable and just, and in case the person applying for said writ shall refuse or neglect to pay the sum awarded by the court, execution shall be issued therefor as on a judgment. 7. Sec. VII. All laws and parts of laws militating against this act, be, and the same is hereby repealed. An Act to amend an Act, entitled, an Act to enable Feme Co- verts to convey their estates, and for confirming and making valid all Conveyances and acknowledgments heretofore made by Feme Coverts, passed the twenty-fourth day of April, seventeen hundred and sixty,” So far as relates to Feme Coverts conveying their dower.—This act passed 23d December, 1826. P. 100. Whereas, the before recited act, in order to enable the hus- band to convey their entire interest which he has in lands and , tenements, requires that the wife, by her own free consent, be- come a party in the deed of conveyance with her husband, and make, sign, seal, and deliver, a formal relinquishment of her interest of dower in and to the premises therein described; for remedy whereof: 8. Sec. I. Be it enacted, &c. That from and immediately after the passing of this act, all conveyances of lands and tene- ments by the husband alone, during the coverture, shall be legal and valid, and effectually convey the entire premises therein described, except such lands as the husband may have become possessed of by his intermarriage with said femc co- vert, any law, usage, custom or rule of court to the contrary notwithstanding : Provided, that nothing herein contained shall prevent the widow from her right to dower in all lands of which her husband may have died seized and possessed. 9. Sec. II. Whenever it shall so happen that any per- son shall die intestate and without issue, his wife shall inhe- rit the whole estate, both real and personal, of her deceased husband, after paying his just debts. [See next act.] 10. Sec. III. So much of the above recited act as militates against this, be, and the same is hereby repealed. Conveyance of lands by the husband valid : except to such lands as he may have obtained by his intermar- riage with the wife, in which case the wife’s re- linquishment is necessary. The wife en- titled to all her deceased husband's property, after pay- ment of debts, where the e is no will nor issue. * See this act, Prin. Dig. p. 110; and see the next act amending this. ELECTIONS AND REPRESENTATIVES.--1821. 99 An Act to amend the Act of the twenty-third December, eighteen hundred and twenty-six. [the foregoing act], to amend the Act to enable Feme Coverts to convey their estates, and for confirm- ing and making valid all conveyances and acknowledgments heretofore made by Feme Coverts, passed the twenty-fourth of April, seventeen hundred and sixty, so far as the same relates to Feme Coverts conveying their dower, and also to enable the wife to inherit the whole estate of her deceased husband.— Passed 21st December, 1829. P. 49. Whereas, it is provided in the second section of the act of the twenty-third of December, eighteen hundred and twenty- six, “that whenever it shall so happen that any person shall die intestate and without issue, his wife shall inherit the whole estate, both real and personal, of her deceased husband, after paying his just debts;” and whereas, doubts are entertained of the constitutional validity of said enactment, on account of a want of conformity between the title and the body of the act: 11. Sec. I. Be it enacted, &c. That the said recited second section of the act of eighteen hundred and twenty-six shall be, and it is hereby declared to be in full force and effect, after the passage of this act, so far as the same may affect any case or cases that may hereafter arise. ——CŞee—— ELECTIONS AND REPRESENTATIVES. An Act to regulate the future Elections of Members of Congress in this State.—Passed 21st December, 1821. P. 53. 1. Sec. I. Be it enacted, &c. That so soon as his excellency Governor to issue his the governor shall obtain the law of Congress fixing the ratio of proclamation. representatives to be elected for the national legislature, agree- able to the late census, it shall be his duty to issue his procla- mation, announcing the number of representatives this State is entitled to.” 2. Sec. II. At the next annual election for members of the . . . legislature, and every two years thereafter, until altered by ...” law, the citizens of this State shall be entitled to elect such number of representatives to Congress as shall be announced ' ' Seven is the number agreeable to the law referred to. 100 - ELECTIONS AND REPRESENTATIVES.–1824. by the proclamation of his excellency the governor, agreeable to the foregoing Section. An Act to prescribe the mode of choosing the Electors of President and Pice President of the United States to which this State is entitled by the Constitution of the United States.—Passed 18th December, 1824. P. 58. Fixing the 3. Sec. I. Be it enacted, &c. That on the first Monday in time of elect- i.elector. November, eighteen hundred and twenty-eight, and on the first of president .#. Monday in November of every fourth year thereafter, an elec- §. tion shall be held throughout this State, at the several places of holding elections for senators and representatives in the general assembly, for the purpose of choosing electors of presi- dent and vice president of the United States, which elections fººd shall be opened and closed at the same hour and in the same ºcease manner, and shall be superintended and conducted by the same magistrates and officers as by law shall be authorized to super- intend and conduct the general elections of this State. what num- 4. Sec. II. At the said elections every person entitled to lº" vote for members of the general assembly or representatives to congress, may vote for a number of persons equal to the whole number of representatives and senators to which this State hºw may be entitled in the congress of the U nited States: and that magistrates it shall be the duty of the justices or magistrates presiding at the election to be held under the authority and according to the provisions of this act, to make immediate returns to the governor of this State of the result of said elections, which returns shall clearly exhibit the number of persons voting for electors, the number of votes given, the names of persons voted for, and the number of votes which each may have re- ceived. In counties 5. Sec. III. In counties where by law the votes for mem- lº, bers of the general assembly shall be given at different places, *:::" it shall be the duty of the persons presiding at the different dis. trict elections to meet and consolidate the returns of the district elections as by law required to be done at the general elec- tions, which consolidated returns, exhibiting the result of the elections, as required by the second section of this act, they shall immediately forward to the governor of the State. ºf 6. Sec. IV. It shall be the duty of the governor, on the ; : E eighteenth day after the said elections shall have taken place, to lay before both branches of the general assembly, a consoli- dated return of the number of persons voting for electors, the ELECTIONS AND REPRESENTATIVES.——1824. 101 names of the persons voted for, and the number of votes re- ceived by each; and immediately to notify those persons who may have received a number of votes amounting to a majority of the persons who shall have voted for electors, of their elec- tion, and to require their attendance at the time and place required by law,” to vote for a president and vice president of the United States. 7. Sec. W. In the event of none of the persons voted for having received a majority as aforesaid, the general assembly shall proceed by joint ballot to the election of electors of presi- dent and vice president; and in the event of a majority of the votes of the persons voting for electors not having been given to a number of the persons voted for equal to the whole number of electors of president and vice president to which this State shall be entitled, that number shall be supplied by the general assembly, who shall proceed to elect by joint ballot a number of electors, who with those having received a majority of votes, shall be equal to the whole number of presidential electors to which this State may be entitled. 8. Sec. VI. In case of the death of any of those who may be elected under the provisions of this act, or in case of their declining to accept the appointment, or if from any other cause such electors or any of them should not attend to vote as pro- vided by the constitution of the United States, and that if any of the persons so elected should not be at the seat of govern- ment by twelve o'clock on the Monday preceding the first Wednesday in December, it shall be considered that they have refused the acceptance of the appointment, and the legislature will proceed by joint ballot to fill the vacancy. [The constitution was so altered in the years 1823 and 1824, as to make the governor of the State elective by the people. See Constitution, in the Appendix.] * The first Wednesday in December is the day set apart by law for the electors to give in their votes for president and vice president of the United States. See post, Laws of the United States, act of March 1, 1792. When any person or persons not receiving a majority of the voters, the general assembly may elect. In case of the death of any elector, or in case of their declining to serve, &c. the vacancy fill- ed by the le- gislature. 102 ELECTIONS AND REPRESENTATIVES.—1824. Apportion- ment of the representa- tives of the State. An Act to apportion the Representatives among the several Counties in this State, according to the fifth enumeration, in conformity to the seventh section of the first article of the Con- stitution.—Passed 20th December, 1824. P. 79. Whereas, the seventh section of the first article of the con- stitutián directs that the house of representatives shall be composed of members from all the counties, according to their respective numbers of free white persons, including three-fifths of all the people of colour; in order therefore to apportion the representatives of each county respectively according to the Said fifth enumeration or census, 9. Sec. T. Be it enacted, &c. That in future, the representa- tion of the respective counties shall be apportioned in the following manner, to wit:—The county of Appling, one; Baldwin, two ; Bibb, one; Bullock, one; Burke, three; Bryan, one; Camden, two; Chatham, three; Clarke, three; Columbia, three; Crawford, one; Decatur, one; De Kalb, two; Dooly, one; Early, one; Effingham, one; Elbert, three; Emanuel, one; Fay- ette, one; Franklin, three; Glynn, one; Greene, three; Gwin- nett, three; Habersham, two; Hall, three; Hancock, three; Hen- ry, two; Houston, one; Irwin, one; Jackson, three; Jasper, ſour; Jefferson, two; Jones, four; Laurens, two; Liberty, two ; Lincoln, two; Madison, two; M'Intosh, two; Monroe, three; Montgomery, one; Morgan, three; Newton, two; Oglethorpe, three; Pike, one; Pulaski, two ; Putnam, four; Rabun, one; Richmond, three; Scriven, two; Tatnall, one; Telfair, one; Twiggs, three; Walton, two; Warren, three; Washington, three; Wayne, one; Wilkes, four; Wilkinson, two. [The following eighteen new counties have been added since the passage of the above act, which will have one senator and one representative until the next census or enumeration, to wit: Baker, Butts, Campbell, Carroll, Coweta, Harris, Lee, Lowndes, Marion, Merrewether, Muscogee, Randolph, Tal- bot, Taliaferro, Thomas, Troup, Upson and Ware.] ELECTIONS AND REPRESENTATIVES.——1828. 103 An Act for the payment of such person or persons as may be employed by the superintendants of the election of electors of President and Vice President of the United States, of Go- vernor of this State, and members of Congress, in the several counties of this State, to take the same to the seat of government. Passed 22d December, 1828. P. 82. 10. Sec. 1. Be it enacted, &c. That from and after the pass- ing of this act, it shall be the duty of the officers who may superintend the election of electors of president and vice presi- dent of the United States, of governor of this State, and mem- bers of congress in the several counties of this State, to transmit by mail to his excellency the governor, the result of said elec- tions as soon thereafter as practicable; and in those counties where no mail pass within seven days after the elections are determined, to the seat of government, it shall be the duty of the aforesaid superintendents of said elections to transmit the same to his excellency the governor by a special messenger to be by them employed for that purpose. 11. Sec. II. Such person or persons as may be employed by the officers superintending the elections aforesaid according to the provisions of this act, shall receive for the service by them so rendered, such sum as may be deemed by his excellency the governor just and proper, and that the same be paid out of the contingent fund.* Resolution of 5th December, 1828. P. 241. Resolved, &c. That the compensation to the electors of pre- sident and vice president in this State, shall be six dollars a day while in actual service, and six dollars for every twenty miles * In the acts of 1830, p. 105, there is a general law on the subject of holding elections at the different election districts in the State; the following is the oath to be taken by the freeholders who superintend the election: “I, A. B. do so- lemnly swear (or affirm) that I will faithfully superintend this day's election, and make a just and true return thereof according to law, and to the best of my abil- ity: so help me God.” The electors to take the following oath, viz.: “I, A. B. do solemnly swear (or affirm) that I have not this day voted at any election, held at any place in this State, for governor, members of congress, electors of president and vice president, members of the legislature, or county officers : so help me God.” Time of opening elections, between the hours of 7 and 10 in the morning, and closed at 6 in the evening. Officers su- perintending elections to transmit, by mail, to the governor, the returns of the elections. ~ To be sent by special messengers in certain CaSéSe Such person or persons compensated by the go- Vernor'e 104 Hormed cat- tle, sheep, goats, and hogs may be sold in G months af- ter being tolled. ESTRAys, 1823.-ExECUTORS AND ADMINISTRATORs, 1820. travel to the seat of government and back to their places of re- sidence; and that the amount paid to the electors of the pre- sent year, shall be charged to the contingent fund. And be it further resolved, That his excellency the governor be requested to pay the several sums So allowed out of the con- tingent fund of 1828. —e Se— ESTRAYS. An Act to amend the Estray laws of this State, so far as relates to the time of advertising and tolling Horned Cattle, Sheep, Goats, or Hogs, before they are sold. Passed 20th Decem- ber, 1823. P. 77. 1. Sec. I. Be it enacted, &c. That from and after the pas- sage of this act, all horned cattle, sheep, goats, and hogs, that may be tolled in conformity to the estray laws now in force in this State, may be sold at the expiration of six months from the time they are tolled, any law to the contrary notwith- standing. —eSºe—— IXECUTORS AND ADMINISTRATORS. An Act to authorize suits to be instituted against securities to Executors, Administrators, and Guardian's Bonds in the same action with the principal thereto. Passed 13th Decem- ber, 1820. P. 6. Whereas, it has been decided by the superior courts of this State, that suit cannot be instituted against any security or se- curities to any executors, administrators or guardian's bond until the principal or principals to such bond shall have been sued to insolvency, whereby great injury to the interests of heirs, distributees and others may accrue: for remedy whereof, EXECUTOR'S AND ADMINISTRATORS.—1820. 105 1. Sec. I. Be it enacted, &c. That from and after the pass- ing of this act, any and all security or securities to any execu- tors, administrators, or guardian's bond, shall be considered as joint, or joint and several obligors, (as the case may be) with the principal or principals in said bond, so as to authorize any heir or heirs, distributee or distributees, administrators de bomis non, and others concerned, to sue such principal or principals and Security or securities to such bond, or either of them, in the same action: Provided always, that the principal in said bond, if within the limits of this State, shall be first sued, or shall be sued in the said action with the security or securities, and shall be distinguished in said action as principal, if sued as aforesaid, any law, usage, or custom to the contrary notwithstanding. 2. Sec. II. In all cases where a judgment shall be obtained in conformity to the foregoing section, execution shall issue against the principal, and his or their security or securities, or such of them as judgment may have been obtained against, which execution shall be levied on the property of the princi- pal first, and in case such property should be insufficient to sa- tisfy said execution, or in case nó property can be found within the county where such execution shall issue, the balance or the whole of such execution, as the case may be, shall be levied on and collected out of the property of the security or securities or either of them; and in all cases where the amount or any part thereof shall be paid by the security or securities, such security or securities shall have the use and control of the execution, to remunerate him or themselves as is customary in such cases. 3. Sec. III. This act shall not extend to bonds heretofore given. An Act, supplementary of the several laws passed in this State, for the protection of the Estates of Orphans, Idiots, Lunatics, and persons Insane—to provide for filling vacancies in the offices of Clerk of the Court of Ordinary, and to regulate their fees in certain cases. Passed December 22d, 1820. P. 87. 4. Sec. 1. All guardians which may be appointed in this State, after the passage of this act shall, before they enter upon the duties of their appointment, take before the court, by whom they are appointed, the following oath or affirmation, to wit: “I, A. B. do solemnly swear or affirm, (as the case may be) that I will do and perform the duties required of me as guar- dian of C. D. orphan of E. F. deceased, or G. H. idiot, lunatic, Suit on the principal and securities on administra- tors, guar- dians and ex- ecutor’s bonds may be brought in the same action. Proviso. Execution to be issued against the principal and the securi- ties, but levied on the property of the principal first, if to be found in the county. If the securi- pays any part, he shall have the com- trol of the execution to l'em une- rate himself. Guardians to take an oath. Their oath. 14 106 EXECUTORS AND ADMINISTRATORS.–1820. And give bond and se- curity in double the amount of the property. Bond tested by the clerk, and recorded in the office of the clerk of the supe- rior court. Clerk’s fee. The court of ordinary may fill the vacan- cy of their clerk. To continue in office no longer than his prede- cessor would have done. Executors, administra- tors, and guardians to exhibit, their ac- counts and vouchers to the clerk, who may qualify them and report to the court. Clerk’g fee. or person insane, (as the case may be) according to the laws of this State, to the best of my abilities and understanding, so help me God:” and shall, in addition thereto, give bond and suffi- cient security in a sum double the amount of their ward's es- tate, in conformity to the laws now in force in this State; and the bond so taken, shall be attested by the clerk of the court of ordinary, or his deputy, whose duty it shall be to have the bond so taken, recorded in the clerk's office of the Superior court, in the county in which it may be taken, and filed in the clerk's office of the court of ordinary; and it shall be lawful for the clerk of the court of ordinary to ask and receive from such guardian, the same fees that the clerk of the superior court is entitled to for recording deeds, &c. for having such bond re- corded. 5. Sec. 11. When any vacancy shall happen in the office of the clerk of the court of ordinary by death, resignation or otherwise, it shall, and may be lawful, and it is hereby made the duty of the justices of the inferior courts, or a majority of them, in the county where such vacancy may happen, to pro- ceed, without delay, to appoint Some fit and proper person to fill such vacancy, administer to the person so appointed, the same oaths, and take like bond and security as heretofore re- quired by law of the clerks of the courts of ordinary of this State, and transmit the same to his excellency the governor; and the person so appointed shall be deemed, held, and considered, as duly qualified to discharge all the duties required of the clerk of the court of ordinary, of the county for which he may be ap- pointed, and shall be entitled to the same fees, and be subject to the same pains and penalties for misconduct in office, as if such person had been duly elected and commissioned by his excellency the governor, and continue in office for and during the term for which his predecessor was elected, and until a successor shall be duly elected, commissioned and qualified. 6. Sec. Ill. All executors, administrators, and guardians shall from and after the passing of this act, exhibit their ac- counts and vouchers to the clerk of the court of ordinary at any time when the said court is not in session; and it shall be the duty of such clerk to qualify any executor, administrator, or guardian, to the correctness of said account; and to examine such accounts and vouchers, and make a special report to the next court of ordinary, of the correctness and reasonableness of such accounts; upon which report, the said court shall either pass or reject such accounts, or any part thereof; and the said clerk is authorized to demand and receive for each account so ExecutoRS AND ADMINISTRATORS.–1821. 107 examined by him, the sum of fifty cents, which sum shall be paid by the executor, administrator or guardian, exhibiting such accounts for examination. 7. Sec. IV. All laws and parts of laws heretofore passed, which militate against this act be, and the same is hereby re- pealed. An Act, to amend and eaſplain an Act passed December 12, 1804,” entitled, “An Act to amend an Act, entitled, an Act to carry into effect the sixth section of the fourth article of the Constitution, touching the distribution of Intestate's Estates, directing the manner of granting Letters of Administration, Letters Testamentary, and Marriage Licenses: Passed De- cember 23, 1789,” as respects advancements to children in the lifetime of the intestate. Passed 25th December, 1821. P. 52. 8. Sec. I. When any person holding real or personal estate, shall depart this life intestate, the said estate, real and personal, shall be considered altogether of the same nature, and upon the same footing as to distribution, which shall take place agreea- bly to the provisions of the before recited act; but whenever there shall be a child or children of an intestate, who shall have any estate by settlement of the intestate, or shall be advanced by the intestate in his or her lifetime, by portion or portions, equal to the share which shall by such distribution be allotted to the other children to whom such distribution is to be made, he, she, or they, in that case, shall receive no further distribu- tion of the said intestate's estate. And whenever any child shall have an estate by settlement from the said intestate, or shall be advanced by the intestate in his or her lifetime by por- tion, not equal to the share which be due to the other children by distribution as now established, then so much of the surplus- age of the estate of such intestate, as shall make the estate of all the children of such intestate to be equal, as near as can be estimated: Provided, such advancements, when brought into hotch-potch, shall be estimated according to the value of the property at the time such advancement was made, and no interest allowed thereon. 9. Sec. II. In case of a feme covert dying intestate, the hus- band may demand and have administration of their rights and * See these acts, Prin. Dig p 153–161, Repealing clause. Real and personal estate upon the same footing as to distribution. What may be done where there has been ad- Vancments to a part of the children. Proviso. Husband may have admi- mistration of his wife's es- tate without being sub- ject to dis. tribution. 108 EXECUTORS AND ADMINISTRATORS.—1821. Repealing clause. credits and other real and personal estates, and recover and enjoy the same without being subject to distribution.* 10. Sec. III. All laws militating against this act, be and the same are hereby repealed. An Act for the better protection of the estates of Orphans, and amendatory and explanatory of the second section of an Act, passed February 18, 1799,i and an Act, passed December 15, 1810, entitled “An Act for the more effectually securing the Probate of Wills, limiting the time for Eacecutors to qualify, and Widows to make their election,i and for other purposes therein mentioned. Passed 21st December, 1821. P. 89. Whereas, doubts have arisen in the construction of the be- fore recited acts, as to the power of the court of ordinary, to remove executors, administrators, and guardians, from their respective trusts, where the authority has not been expressly given, to the injury of the estates of orphans, and the delay of of justice: for remedy whereof, 11. Sec. 1. From and after the passage of this act, when such court shall know or be informed that any such guardian, executor, or administrator shall waste, or in any manner mis- manage the estate of such orphan, or deceased person, or does not take due care of the education and maintenance of such orphan, according to his, her or their circumstances, or where such guardian, executor, or administrator, or his, her, or their securities are likely to become insolvent, or where such execu- tor, administrator, or guardian, shall fail to make returns within the terms prescribed by law, particularly where no inventory and appraisement shall have been made, and returned in terms of the law, said court are hereby required to order a rule to be served on such guardian, executor, or administrator so in de- fault, returnable to the next regular term of said court, after the passing of the same, and upon the return of said rule being served, the court shall proceed to investigate all the actings and doings of said guardian, executor, or administrator, (as the case may be) and may, and are hereby authorized and empowered to revoke the trust confided to him, her, or them, or pass such other and further order as said court may think expedient and fit, for the better managing and securing such estate, and edu. How execu- tors, adminis- trators, and guardians may be ruled to court, or dismissed for misconduct. * See sec. 31, amending this section, passed 1827. | See these acts, Prin. Dig. p. 160: 168, 169. ExECUTORS AND ADMINISTRATORS.–1821. 109 cating and maintaining such orphan: and upon the revocation ...; missed, suits of such letters testamentary, letters of administrationship or º or against them not to guardianship, suits brought by or against either, shall not for . this cause abate; but the removal being suggested of record, a scire facias may issue to make the successor of such removed person, a party, at any time after the appointment and qualifi- cation.* 12. Sec. 11. It shall be the duty of, and the several clerks . the court of of the court of ordinary of this State, from and after the first of ..., January next, are hereby required to keep a regular docket in ...; bound.books, of the names of such persons as are liable to make tº returns to said respective courts, and the justices thereof are “" hereby required to call the same regularly, and to make their entries therein, as is practised by the judges of the superior COUrtS. 13. Sec. III. For each and every term, after the time afore- ; for said, the said clerks shall ſail to comply with this act, they and ºi, each of them shall forfeit and pay the sum of thirty dollars, the * one half for the use of the county academy where such for- feiture may occur, and the other to the informers. An Act, explanatory of the fifth section of an Act passed the 16th February, 1799, entitled, “An Act to carry into effect the sixth section of the third article of the Constitution, and to amend an Act, entitled, an Act to carry ºnto effect the sixth section of the fourth article of the Constitution, touching the distribution of Intestate's Estates, directing the manner of granting Letters of Administration, Letters Testamentary, and Marriage Licenses, and to prevent Entails;f and to alter the rules for construing Conveyances generally. Passed 21st December, 1821. P. 92. tº & Whereas, doubts have arisen as to the true and proper con- struction of the fifth section of the above recited act, it having been held by some that all conveyances in fee tail are rendered absolutely void by said section, and by others that such con- veyances vest a fee simple estate, in the person or persons to whom they are executed; and again by others, that they vest only a fee conditional in common law: And whereas, it is pro- per that all doubts upon the subject should be immediately re- * See sec. 36, 37. f See these acts Prin, Dig, p 153, 159. 1 10 EXECUTORS AND ADMINISTRATORS.—1823. moved. And whereas, the intention of the parties to contracts and conveyances is often defeated, and great injustice done by construing the same, according to the rules which now prevail: for remedy whereof, *::::::::::::, 14. Sec. 1. All gifts, grants, bequests, devises, and convey- ances of every kind whatsoever, whether of real or personal property, made in this State, and executed in such manner or expressed in such terms, as that the same would have passed an estate tail in real property by the statute of Westminster Second, (commonly called the statute de donis conditionalibus) be held and construed to vestin the person or persons to whom the same may be made or executed, an absolute, uncondi- tional, fee simple estate. i.º. 15. Sec. II. All gifts, grants, feoffments, bequests, devises, ** and conveyances of every kind whatsoever, of real or personal property hereafter made or executed within this State, shall be held and construed to vest in the person or persons to whom the same are made and executed, an absolute, unconditional, fee simple estate, unless it be otherwise expressed, and a less estate mentioned and limited in such gift, grant, feoffment, bequest, devise or conveyance. ºling 16. Sec. III. All laws or parts of laws, militating against clause, this act, be and the same are hereby repealed. f An Act more effectually to secure the property of minors against the mismanagement of their natural guardians, by requiring bond and security, as in other cases of guardianship, of such guardian.—Passed 22d December, 1823: P. 84. Natural 17. Sec. I. Be it enacted, &c. That from and immediately ɺlº after the passage of this act, whenever any property shall de- “” scend to any child or children, whose father or mother shall be in life, either by virtue of the act of distribution, or of any will, deed, or gift, such child or children shall be considered orphans, so far as to authorize the court of ordinary, executor, ;..." administrator, or trustee, as the case may be, to withhold such the executor ... property from such natural guardian until a reasonable security trator may ‘....:” be given, to be judged of by the court of ordinary, for the faith- up the pro- *ºne ful performance of said trust: And provided further, That if court may joinºuch such natural guardian shall fail or refuse to give such bond and person as s & g e sº security, then, and in that case, said court may appoint some i O e g Sººne, other fit and proper person to act as such, first compelling such person to give bond and substantial security, as is now required in other cases of guardianship. ExECUTORS AND ADMINISTRATORS.–1823. 1 | 1 An Act declaring certifted copies of official Bonds testimony in certain cases.—Passed 20th December, 1823. P. 88. 18. Sec. I. In all causes now pending, or which may be hereafter instituted, in any of the courts of law or equity in this State against the principal and securities, or either of them, on any official bond given by any executor, administrator, or guardian, or any other public officer of this State, it shall and may be lawful for the said courts to receive as evidence of the fact of the due execution of such bond, a certified copy thereof made by the proper officer, when such bond is of file or recorded, which copy shall be sufficient testimony in the cause, unless ºftenied the same shall be denied on oath. An Act to cause all appeals from the Courts of Ordinary of this State to be tried and determined by a special Jury of the county where the case may happen, touching the Probate of Wills and granting Letters of Administralion, in which matters of fact are involved, instead of a decision being had thereon by the Court only.” Passed 19th December, 1823. P. 89. Whereas, it has heretofore been the practice in some of the judicial circuits of this State, for the judges of the superior courts to hear and determine appeals from the courts of ordi- nary of this State, touching the probate of wills, and granting letters of administration in which matters of fact were involved, and it being the policy of this government to retain the trial by jury in all cases in which matters of fact are involved: 19. Sec. I. Be it enacted, &c. That from and immediately after the passage of this act, all appeals taken up from the de- cision of the several courts of ordinary of this State to the supe- rior court, touching the probate of wills and granting letters of “ administration, in which matters of fact are involved, shall be tried and determined by a special jury of the county where the case may happen, in the same way, and under the same regu- lations as other appeals, any law, usage or custom to the con- trary notwithstanding. * See former law, Prin. Dig. p. 166. Where an ex- executor Or administra- tor’s bond cannot be produced in court in any suit, a certifi- ed copy will do, - Appeals may be had from the court of ordinary, where mat- ters of fact : gº : i 1 12 EXECUTORS AND ADMINISTRATOR.S.—1823, 1826. : An Act to amend the seventh section” of an Act, entitled, “An Act to amend an Act, entitled, an Act to revise and amend the - Judiciary System of this State,” passed on the 16th day of February, 1799, and to provide for opening and adjourning the several Courts of Ordinary in this State in certain cases. —This act passed 20th December, 1823. P. 90. ###" 20. Sec. I. From and after the passage of this act it shall necessary to ... not be lawful for any one or more of the justices of the inferior of habeas tº º *. e w corpus. courts of this State, to discharge or admit to bail any person under a writ of habeas corpus, unless a majority of the justices of said court shall concur in opinion. #." 21. Sec. II. It shall be the duty of the sheriff of each *:::::::: county in this State, either by himself or deputy, to attend at “” the court house of their respective counties on each and every day of holding courts of ordinary, for the purpose of opening and adjourning said courts, unless said sheriff shall procure some constable of such county to perform such duty; and in ... case the sheriff shall at any time fail to comply with the requi- sº sitions of this act, it shall and may be lawful for the clerk of "“ said court to open and adjourn such court, any law to the con- trary notwithstanding. An Act to alter and amend the first sectionſ of an Act, entitled, “An Act to alter and amend the twelfth section of an Act, to protect the Estates of Orphans, and to make permanent provi- sion for the Poor, assented to eighth December, 1816.-This act passed 23d December, 1826. P. 98. º; 22. Sec. 1. It shall and may be lawful for the inferior courts grani leaſe in the several counties of this State, when sitting for ordinary to sell real º” purposes, to order a sale of such part or the whole of the real ... estate of every testator, or intestate, on application of the exe- º, cutor, executors, administrator, administrators, or administra- trix, guardian or guardians, which sale shall be at public auc- ...', tion, and on the first Tuesday of the month, between the usual and where to º hours of sale, at the place of public sales in the county where º" such real estate may lie, first giving sixty days notice thereof in one of the gazettes of this State, and at the door of the court house in the county where such sales are to be held, where it is made fully and plainly to appear that the same will be for * For this section see Prince's Digest, p. 206. # For this section see Prince's Digest, p. 171. EXECUTORS AND ADMINISTRATORS.—1826. 1 13 the benefit of the heirs and creditors of such estate: Provided, lººp. that a notice of such application for sale be first made known º in one of the gazettes of this State, at least four months before * any order absolute shall be made thereupon. 23. Sec II. All laws and parts of laws militating against this act, be, and the same are hereby repealed. Whereas, doubts have arisen whether an administrator can manage an estate by keeping the property together, and work- ing the same for the interest of the estate, and the administra- tors are, under the law, compelled to rent or hire out the property; for remedy whereof: Be it enacted, That from and after the passing of this act, ..., that intestates' estates may be so managed as shall, in the dis- ..." cretion of the administrator, under the direction of the inferior tº:* court sitting for ordinary purposes, be deemed most advantage- ous for said estate; and that in all cases where any of the lºº parties in interest shall make known to the court that the may be done. administrator is mismanaging any estate, said court shall im- mediately appoint three or more proper persons, who shall inquire into the situation of said estate, and report their deci- sion to the next court, who shall make such order thereon, as shall be deemed most to the interest of said estate. An Act to amend an Act for the beller protection and security of Orphans and their estates, passed on the eighteenth day of February, seventeen hundred and ninety-nine.*—This act passed 20th December, 1826. P. 101. 24. Sec. I. From and after the passage of this act, if any Guardian wishing to guardian heretofore appointed, or hereafter to be appointed to ... any minor or minors, insane person, or lunatic, should be ... " desirous of obtaining letters dismissory from such guardianship, it shall and may be lawful for such guardian to apply to the court of ordinary whence his letters issued, and obtain an order nisi, requiring all persons concerned to appear at the next term of said court, to show cause why he, she, or they should not be dismissed from said guardianship. 25. Sec. II. It shall be the duty of any guardian so obtain- º ing such order nisi, to publish the same for forty days in one or more of the public gazettes of this State, having the most ex- * Sce this act, Prince's Digest, p, 160 15 1 14 EXECUTORS AND ADMINISTRATORS.–1827. Court to ex- amine the re- turns strictly. If the guar- dian turns over any mo- ney, &c. what to be done. Clerk to give bond. Guardians to give bond in double the amount of their ward's property. Courts of or- dinary may appoint guardians for illegitimates. tensive circulation in the county where the application is made, and when it shall be shown to the court that such publication has been made, it shall be the duty of said court strictly to examine the returns, accounts, and vouchers of such guardian, and take such further order, or grant letters dismissory, as the circumstances of the case may require. 26. Sec. III. Whenever it shall be found that any guar- dian applying to be dismissed under the provisions of this act, shall have in his or her hands any money, property, or effects belonging to his or her ward or wards, the same shall be deli- vered to the court of ordinary, who by their clerk, or such other person as the court may deem proper, willing to accept the same, shall take charge thereof and manage the same for the benefit of such minor, lunatic, or insane person, until the ap- pointment of another guardian. 27. Sec. TV. Wherever it shall become necessary for any clerk of the court of ordinary to take upon himself the duty of guardian as aforesaid, he shall give bond and security for the faithful discharge of his duty as in ordinary cases of guardian- ship. 28. Sec. V. After the passage of this act, it shall be the duty of the court of ordinary to require of all guardians, good and sufficient security for the faithful discharge of their duty as guardians, in a sum double the supposed value of the property belonging to said ward or wards, payable to the inferior court sitting as a court of ordinary. An Act to authorize the Courts of Ordinary in the different Counties in this State, to grant and issue letters of guardian- ship upon the persons and property of illegitimate children.— Passed 18th December, 1827. P. 57. 29. Sec. I. From and immediately after the passage of this act, illegitimate children shall be placed upon the same footing with orphans, so far as to authorize and empower the different courts of ordinary within this State, to confide the management of their persons and property to guardians, in all cases where the said courts may deem it necessary; any law, usage, or custom to the contrary notwithstanding. ExECUTORS AND ADMINISTRATORS.–1827. 1 15 An Act to alter and amend an Act, entitled, “An Act to alter and amend an Act to alter and amend the twelfth section of an Act to protect the estates of Orphans, and to make permanent provision for the Poor,” passed December sixteenth, eighteen hundred and eleven.”—This act passed 21st December, 1827. P. 103. Whereas, by the above recited acts, the power is vested in the inferior courts of this State (while sitting for ordinary pur- poses) to order the sale of real estates of testators and intes- tates, upon application of executors, guardians or administra- tors, for the benefit of the heirs and creditors, no power is given to Said courts to order the sale of any real estate belonging to orphans, other than such as are acquired by them from their testator, or intestate, by reason of which frequent and manifest injury is sustained by orphans and others holding real estates other than such as is acquired by descent; for remedy whereof, 30. Sec. I. Be it enacted, &c. That from and after the pass- ing of this act, the justices of the inferior courts in the several counties of this State, when sitting for ordinary purposes, shall be authorized to order a sale of any part or the whole of the real estate of any orphan, or orphans, lunatic or idiot, illegiti- mate or illegitimates, upon application of the executor or exe- cutors, or executrix, administrator, administrators or adminis- tratrix, guardian or guardians, where it is made fully and plainly appear that the same will be for the benefit of such orphan or orphans, idiot or lunatic, illegitimate or illegitimates, under the same rules and regulations as are by law pointed out for the sale of real estates of testators and intestates. 31. Sec. 11. All laws militating against this act, be, and the same are hereby repealed. An Act declaring and making certain the Law regulating the rights of Husbands in and to the property of their deceased Wives, and for other purposes.—Passed 26th December, 1827. P. 106. Whereas, the legislature of this State did, on the 25th De- cember, 1821,f pass an act, entitled, “An act to amend and explain an act passed 12th December, 1804, entitled an act to amend an act to carry into effect the sixth section of the fourth * For this act see Lamar's Digest, p. 285, and Prince's Digest, p. 171. # See sec. 9. Court of or- dinary may order a sale of the proper- ty of orphans, idiots, luna- tics and ille- gitimates. 1 16 EXECUTORS AND ADMINISTRATORS.–1828. article of the constitution, touching the distribution of intestates’ estates, directing the manner of granting letters of administra- tion, letters testamentary, and marriage licenses, passed 23d December, 1789, as respects advancements to children in the lifetime of the intestate,” by the second section of which act, it is provided “that in case of a feme covert dying intestate, the husband may demand and have administration of their rights and credits, and other real and personal estates, and recover and enjoy the same without being subject to distribution.” And whereas, the constitutionality of said second section is doubted, by reason of its departure from the title of said bill; for remedy whereof, Husband may have administra- tion on his wife's estate, without its being sub- ject to dis- tribution. Executors not entitled to more than their com- mission. 32. Sec. I. Be it enacted, &c. That in every case where a feme covert has died within this State intestate, since the said twenty-fifth of December, 1821, or may hereafter die intestate, the husband shall and may demand and have administration of their rights and credits, and of other real and personal estates, and recover and enjoy the same without being subject to distribution; any law, usage or custom to the contrary not- withstanding. __* An Act to amend an Act, entitled, “An Act for the better pro- tection of Orphans and their estates,” passed on the 18th February, 1799.”—This act passed 22d December, 1828. P. 92. Whereas, doubts have been entertained whether an execu- tor is entitled to any beneficial interest in his testator's estate, other than the commissions allowed by law for his care and trouble in the management of said estate; wherefore, 33. Sec. I. Be it enacted, &c. That no executor, or execu- tors, in this State, shall, either in law or equity, be entitled to any beneficial interest under and by virtue of the will or testa- ment of their testator not therein expressly mentioned, except their commissions as now allowed by law ; but they shall hold the residue, or undevised real or personal estate, as trustee for the distributees or next of kin of their deceased testator or testatrix. 34. Sec. 1ſ. If any widow or ſemale, after having obtained letters testamentary of administration or of guardianship, shall marry, the letters so granted shall abate during the coverture, Widow mar- rying, her letters re- voked: * See this act, Prin. Dig. p. 160. EXECUTORS AND ADMINISTRATORS.—1828. 117 but the husband may be entitled to such letters by his giving bond and security, and taking the oath required by law ; or jº, the court of ordinary may, in their discretion, grant the same #!: to any other person, entitled thereto according to the laws of ...” this State. 35. Sec. III. When the justices of the inferior court, or How service may be per- courts of ordinary, shall or may issue a rule mi si against exe- ſeried ofa cutors, administrators, or guardians, a personal Service by the rule misi. sheriff, or his deputy, or a copy of the rule shall be left by him at the executors, administrators, or guardian's notorious place of abode, which shall be deemed a legal service, and the jus- tices of the inferior court or courts of ordinary shall proceed to decide the cause as if personal service had been effected : and jºyº; o & © tº * * * g. three weeks' in case the party should be removed without the jurisdiction of ..." the court, then a publication in one of the newspapers nearest P* his former residence, once a week for three weeks, shall be deemed sufficient and legal notice. An Act to authorize and require Administrators de bonis mon, on the estates of deceased Administrators, to be brought in by scire facias and made defendants; also to prescribe the mode of effecting service of orders of Court, taken against Executors, Administrators, or Guardians, who are alleged to be misman- aging the estates they respectively represent.—Passed 20th December, 1828. P. 93. 36. Sec. I. From and after the passing of this act, it shall Administra: and may be lawful in all suits, either in law or equity, brought ºil. against a former administrator, on whose decease letters of ty. ! administration, de bonis non may be granted, to issue a Scire facias to make such administrator a party at any time after the granting of such letters of administration de bonis non.” 37. Sec. II. In all cases where an executor, administrator º Of II Ot, 1 Ce O or guardian is alleged to be mismanaging the estate which they arºſe. ecutors, ad- may respectively represent, and the court shall pass an order ministrators, and guar- requiring such executor, administrator or guardian to show tº “ cause why such executor, administrator or guardian should not be compelled to give security for such executorship, admi- nistration, or guardianship revoked, it shall and may be lawful for the sheriff of the county to effect service of a copy of such order personally on such executor, administrator, or guardian, * Sce law on the subject of making parties, Prin. Dig. p. 169. 118 ExECUTORS AND ADMINISTRATORS.–1829. If removed, ublication in one of the gazettes three times must be had. Guardians may hire publicly or privately, any slaves under their control as such, by leave of the court, Guardians may keep slaves to- gether under an order of Coult. Guardians may cause plantations to be worked and culti- vated for the benefit of their wards, and when the minors may not be possessed of any lands, guardians may pur- chase lands out of any disposable funds, or may rent lands, under a like order of COUlrt. as the case may be, at least twenty days before the sitting of the court at which it is made returnable. 38. Sec. III. In all such causes above alluded to, where the party against whom the said order shall be taken, shall remove out of the limits of the county or State, or absconds, or conceals himself, or stands in defiance of a peace officer, it shall and may be lawful, on the return of such fact by the sheriff, to cause a publication of said order of court to appear in some one of the public gazettes of this State, at least three times, and such publication shall be deemed and held equiva- lent to such public service. 39. Sec IV. All laws and parts of laws militating against this act be, and the same are hereby repealed. An Act in addition to the Acts concerning Guardianship of Mi- mors. Passed 19th December, 1829. P. 96. Whereas, injury sometimes results to slaves and plantations belonging to minors, from the practice of hiring and renting them indiscriminately to the highest bidder: and whereas, it may sometimes be desirable to keep such slaves together and have them worked for the benefit of said minors: 40. Sec. T. Be it enacted, &c. That guardians may exer- cise under an order of the inferior court, sitting for ordinary purposes, a sound discretion in hiring slaves under their con- trol, either publicly or privately, as may be most conducive to the safety and comfort of the slaves, and the permanent interest of the owners. 41. Sec. II. In all cases in which it may manifestly com- port with the safety and comfort of the slaves, and the interest of the minors, the guardians may keep them together, and have them employed in such agricultural, or other operations, as said guardians may deem manifestly expedient, under a like order of said court. 42. Sec. III. When it may be manifestly expedient, guar- dians may cause plantations, or any part of them, belonging to minors, to be managed and cultivated for their benefit; and when minors may not be possessed of lands for cultivation, their guardians may apply such portion of their disposable funds as may properly be applied to that purpose, to the purchase of such reasonable portion of land as may be necessary for the purposes of this act; or they may, if expedient, rent lands for the same purposes, under a like order of said court. FEES AND SALARIES.—1821, 1824. 119 43. Sec. IV. Guardians shall keep regular accounts of re-j ceipts and expenditures in the discharge of their duties under . make regu- this act, and make regular returns to the justices of the infe- hº rior courts sitting for ordinary purposes, as required by the laws which now are, or hereafter may be in force for the go- vernment of guardians. —-egºe-- FEES AND SALARIES. * An Act to establish the Fees of Public Officers of this State, on all grants that may be issued for lands lately obtained from the Creek and Cherokee nations of Indians. Passed 24th December, 1821. P. 103.f 1. Sec. I. Be it enacted, &c. That for each grant issued for ſº land lately obtained from the Creek and Cherokee nations of Indians, the secretary of State shall be entitled to receive sixty cents; the surveyor general, fifty cents; the secretaries to the executive department, eight cents; the treasurer, eight cents; and the comptroller general, eight cents; which shall be in full for the services by them performed in granting said lands. The gover- Governor to draw a war- nor is hereby authorized quarterly to draw a warrant on the ºth. treasurer for treasury in favour of the aforesaid officers, for the said several the amounts. sums as they may become due. An Act to regulate the Fees of Clerks of the Courts of Ordi- nary, in certain cases. Passed 20th December, 1824. P. 39. 2. Sec. II. Be it enacted, &c. That from and after the pass- Gººs ing of this act, the clerks of the courts of ordinary in this State dinary's fees. shall be and they are hereby entitled to demand and receive the fees hereinaſter stated: Issuing letters of guardianship, - * $1 00 Taking a bond for guardian, se º * 50 Making out and signing indenture of an apprenticeship, 1 00 Rule nisi, in each case, - º - - 50 Rule absolute, in each case, sº tºº - 50 Issuing process against persons charged with mismanage- ment, in each case, º º - 50 - * See further fees in acts of 1830 P, 118, i But see sec. 7 of this title 190 FEES AND SALARIES.—1825. Fees for other duties not fixed by law, the same as the clerk of the superior court for similar ser- vices. Sheriff's fees. County sur- veyor's ſees. Partitioner’s fees. County sur- veyor to make out and certify the fees, and re- covered as other costs. For each additional copy, tº ſº - $ - 25 Issuing process against persons in default for not mak- ing returns, in each case, sº º tº 50 For each additional copy, - º -> 25 For a subpoena, ºn tº- i- tº co 12% For entering an appeal, and transmitting the proceedings to the superior court, &- sº tº- 2 00 3. Sec. 111. In all other cases where services are required to be performed by the several clerks of the courts of ordinary in this State, and no fees are given by law, the said clerks shall be entitled to, and receive the same fees as clerks of the supe- rior and inferior are allowed for similar services, any law to the contrary notwithstanding. An Act to establish Fees for Sheriffs, County Surveyors, and Partitioners for dividing Lands fraudulently drawn, and returning the same. Passed 24th December, 1825. P. 169. Whereas, sheriffs, county surveyors, and partitioners are required by law to perform, labours and important duties, rela- tive to the division of lands fraudulently drawn in the land lot- teries authorized by the laws of Georgia. And whereas, no provision is made for compensating them. And whereas, all public officers should be compensated for their public services. 4. Sec. I. Be it enacted, &c. That from and after the pas- sage of this act, the sheriff of any county who may be called on to summon partitioners to divide land fraudulently drawn, shall be entitled to charge and receive, the sum of sixty-two and a half cents for summoning each partition, and that he be enti- tled to the further of sum of seventy-five cents a day for his services as a partitioner, and that the county surveyor shall be entitled to charge and receive the sum of four dollars for every mile surveyed and marked according to law, and the sum of two dollars and fifty cents for making his return. And each and every partitioner shall be entitled to charge and receive the sum of seventy-five cents per day, for every actual day's service. . . 5. Sec. II. The foregoing ſees shall be made out and cer- tified by the county surveyor, and be charged against the informer, and be recovered as other costs in such actions. FEES AND SALARIES.—1826. 121 An Act to change and define the compensation of Secretary of State, Treasurer, Surveyor General, and Comptroller General, and to give to each officer a permanent salary. Passed 26th December, 1826. P. 121. 6. Sec. I. Be it enacted, &c. That from and after the next i. election of each of them, the secretary of state shall receive as º a full compensation for all the services required of him by law, the sum of two thousand dollars per annum. The treasurer shall receive as a full compensation for all ºr Services required of him by law, two thousand dollars per a]]]]UIII). The surveyor general shall receive as a full compensation surveyor for all services required of him by law, two thousand dollars º per annum. And the comptroller general shall receive as a full compen- º: sation for all services required of him by law, two thousand salary. dollars per annum, to be paid out quarter yearly out of any money in the treasury. 7. Sec. II. From and after the next election of the above Perquisites allowed to named officers, the perquisites allowed to the same be paid into ºf ºm the treasury, any law to the contrary notwithstanding: and ** * from and after the said election, all laws and parts of laws militating against this law be, and the same are hereby repealed. [By resolution of 17th December, 1823, p. 253, the follow- ing ſees were directed to be paid by persons receiving a grant for a fractional survey, which were authorized to be sold by commissioners, under the provisions of an act, passed on the 23d December, 1822, to wit: governor's fee, for the use of the State, one dollar; one dollar and twenty-five cents to the sur- veyor general; one dollar and fifty cents to the secretary of State ; twenty-five cents to the treasurer; twenty-five Cents to the comptroller general, and twenty-five cents to the governor's secretaries, making the sum of four dollars and fifty cents for office fees.] 16 122 GRANTS.—1823. Certain grants read in, and re- ceived as evidence in courts of justice. Any person after the 1st day of March, 1824, who may be a citizen of this State, may take out a grant to any unsold lot of land, by pay- ing 10 dolls. on each grant. The state house officers to take their fees out of the 10 dolls. GRANTS. An Act authorizing all grants under the signature of Simon Whitaker, as Secretary of State, to be held, read and received as evidence in any Court of Justice in this State, and also the acts of Thomas H. Crawford, Deputy Secretary, [or] for Abner Hammond, Secretary of State. Passed 19th De- cember, 1823. P. 78. 1. Sec. I. Be it enacted, &c. That from and immediately after the passage of this act, that all grants held by any person or persons, which grant was registered and signed under the signature of Simon Whitaker, as secretary of state, and also all grants signed by Thomas H. Crawford, as deputy Secretary, or Thomas H. Crawford, for Abner Hammond, secretary of state, shall be received as evidence in any court of justice in this State, any law to the contrary notwithstanding. An Act to authorize any person or persons, citizens of this State, who shall apply at the necessary offices, to take out and receive Žn his, her, or their own name or names, a grant or grants for any fraction, lot or lots of Land, in the county of Wilkin- son, that remain unsold, on the payment of ten dollars on each grant. Passed 18th December, 1823. P. 79. 2. Sec. 1. Be it enacted, &c. That from and immediately after the first day of March next, it shall and may be lawful for any person or persons, citizens of this State, to take out and receive in his, her, or their own name or names, a grant or grants for any fractional lot or lots of land, in the county of Wilkinson, that remain unsold, on the payment of ten dollars on each grant. 3. Sec. II. The several state-house officers are authorized to receive the lawful fees as a compensation for their services on each grant when granted, to be deducted out of the afore- said sum of ten dollars for each grant, any law to the contrary notwithstanding. GRANTS.—1824. 1827. 123 An Act to make valid certain grants to Land lying within certain Reservations, taken and held under and by virtue of the late Treaties between the United States and Cherokee nation of In- dians. Passed 25th November, 1824. P. 68. Whereas, by virtue of the late treaties between the United States and Cherokee nation of Indians, certain reservations of land were taken within the limits of the counties of Hall, Ha- bersham and Rabun, by certain heads of Indian families, and other individuals in said treaties named, within which said re- servations, lots of land have been drawn by citizens of this State, for which grants have issued: and whereas, the govern- ment of the United States have purchased up many of the said reservations for the use of this State: 4. Sec. 1. Be it enacted, &c. That the grants which have been, or which may hereafter be issued by the State, for the lots of land lying within the reservations so purchased, be and they are hereby declared legal and valid, as though said reser- vations had never been taken or authorized. An Act to authorize the Governor and Secretary of State to cor- rect any errors that may have taken place, or may hereafter take place, in issuing any grant or grants in any of the Land Lotteries in this State. Passed 22d December, 1827. P. 122. 5. Sec. I. Be it enacted, &c. That from and after the pass- ing of this act, the governor and secretary of state shall be au- thorized and required to have any error or errors corrected that may have taken place, or may hereafter take place, in issuing any grant or grants for any lot or lots of land, in any of the aforesaid land lotteries of this State, when the same may be presented at the proper offices for correction, any law to the contrary notwithstanding. [By the third section of an act, entitled, an act to extend the time for fortunate drawers to take out their grants, &c. passed, 30th November, 1826, p. 112. Any person by applying at the necessary offices, may obtain a grant in their own name to any lot or lots of land not granted, in the counties of Old Baldwin, Wilkinson, and Wayne, under the laws now in force, on his, her, or their paying into the treasury the sum of five dollars.] [By the act of 1828, P. 101, the price of fees on grants in the land lottery of 1818, 1819, 1820, and 1821, is eight dollars; and Certain grants de- clared legal. Governor and secretary of state may COrrect errors in issuing grants. 124 INDIANS.–1828. Creek In- dians not to cross the Chattahoo- chie, unless they have a permit from the agent. the land lottery of 1827, in page 120, the fees are reduced to twelve dollars..] [But see in page 147, acts of 1830, time for persons to take out their grants in the lotteries of 1818, 1819, and 1821, ex- tended to 20th November, 1831, and fees reduced to six dol- lars; and in p. 148, time to take out grants in the lottery of 1827, extended to the 25th December, 1837, and fees reduced to eight dollars.] —-e Se— INDIANS. An Act to protect the Frontier Settlements of this State from the intrusion of the Indians of the Creek nation. Passed 20th December, 1828. P. 87. Whereas many inconveniences and injuries result to the citi- zens of this State, in the frontier counties, from the unlimited intercourse of the Indians of said nation, by disturbing the peace and tranquillity, and destroying and purloining the property of its citizens: for remedy whereof, 1. Sec. 1. Be it enacted, &c. That from and after the pas- sage of this act, it shall not be lawful for any Indian, or de- scendant of an Indian, belonging to the Creek nation of Indians, to cross the river Chattahoochie, and enter upon the territory of said State, under any pretext whatever, except they have and can show a written permit from the United States’ agent Permitmotto of said nation, specifying their particular business; which per- exceed ten days. If they should be found within the said limits, how proceeded against. mit shall not exceed ten days duration. 2. Sec. II. Whenever any Indian of said nation shall be found within the limits aforesaid, it shall and may be lawful for any judge of the Superior courts of this State, any justice of the inferior court, or justice of the peace, on the information on oath of any citizen of said State, that any Indian or Indians as aforesaid, are strolling over the territory of said State, in any of the frontier counties, to issue their warrant to the sheriff, his deputy, or any constable of said county and State, requiring the said officer to notify said Indian or Indians to leave the ter- ritory of said State forthwith, unless they can show a permit from the said agent, and on their refusing to obey said order, or exhibit said permit, to apprehend said Indian or Indians, and bring them before the magistrate, having cognizance of the INDIANS.—1828. same, and if on examination, it shall appear that said Indian or Indians, have no permit as aforesaid, then it shall and may be lawful for said magistrate to imprison the said Indian or Indians in the common jail of said county, and in the event of there being no jail in the county, then in some suitable or convenient place, not exceeding the term of ten days. 3. Sec. III. When any Indian or Indians, shall be strolling over any county, on the frontier of said State, with such per- mit as aforesaid, and shall interfere with the private property, or interrupt the peace and tranquillity of any of the citizens aforesaid, it shall and may be lawful for them to be apprehend- ed as aforesaid, on its being made to appear to the satisfaction of the magistrate, to whom the warrant is made returnable, that said Indian or Indians, were without lawful business, and dis- turbing the peace, or molesting the property of said citizens; for said magistrate to imprison said Indian or Indians, not ex- ceeding the term of time aforesaid. Sec. IV. [Repeals all laws and parts of laws repugnant to this act.] Act of 1828, P. 89.” 4. Sec. IX. No Indian or descendant of any lndian, residing within the Creek or Cherokee nations of Indians, shall be deemed a competent witness, or a party to any suit, in any court created by the constitution or laws of this State, to which a white man may be a party. If any Indian shall be strolling over any county with said per- mit, how pro- ceeded against. * This act, superseded by act of 1829, p. 98, in all its provisions, except that part in the above section placed in italics, preventing any Indian from being a party to any suit with a white man. And some of the legal gentlemen to whom this work has been submitted, are of the opinion the whole section stands re- pealed; and as there is a difference of opinion on the subject, it is inserted for future judicial decision. Indian's tes- timony not received in courts of jus- tice, nor be a party to a suit with a white man. 126 INDIANS.--1829. An Act to add the territory lying within the chartered limits of Georgia, and now in the Occupancy of the Cherokee Indians, to the counties of Carroll, De Kalb, Gwinnett, Hall, and Ha- bersham, and to eactend the laws of this State over the same, and to annul all laws and ordinances made by the Cherokee nation of Indians, and to provide for the compensation of off- cers serving legal process in said territory, and to regulate the testimony af Indians, and to repeal the ninth section of the Act of eighteen hundred and twenty-eight, upon this subject.* This act passed 19th December, 1829. P. 98. 5. Sec. I. That from and after the passing of this act, all that part of the unlocated territory within the limits of this State, and which lies between the Alabama line, and the old path leading from the Buzzard Roost, on the Chattahoochie, to Sally Hughes, on the Hightower river: thence to Thomas Petets, on the Old Federal Road: thence with said road to the Alabama line, be, and the same is hereby added to, and shall become a part of the county of Carroll. 6. Sec. II. All that part of said territory lying and being north of the last mentioned line, and South of the road running from Charles Gates' ferry on the Chattahoochie river, to Dick Roes, to where it intersects with the path aforesaid, be, and the same is hereby added to, and shall become a part of the county of De Kalb. . 7. Sec. III. All that part of said territory lying north of the last mentioned line, and South of a line commencing at the mouth of Baldridge's Creek: thence up said creek to its source: from thence to where the Federal road crosses the Hightower: thence with said road to the Tennessee line, be, and the same is hereby added to, and shall become a part of the county of Gwinnett. 8. Sec. IV. All that part of said territory lying north of said last mentioned line, and south of a line to commence on the Chestatee river, at the mouth of Yoholo creek: thence up said creek to the top of the Blue Ridge: thence to the head wa- ters of Notley river: thence down said river to the boundary line of Georgia, be, and the same is hereby added to, and shall become a part of the county of Hall. 9. Sec. V. All that part of said territory, lying north of the last mentioned line, within the limits of the State, be, and the Part added to the county of Carroll. Part added to the county of De Kalb. Part added to the county of Gwinnett. Part added to the county of Hall. Part added to Habersham. * * See acts of 1830, organizing in part, and authorizing a lottery to draw for all the unlocated lands in Georgia. INDIANS.—1829. 127 same is hereby added to, and shall become a part of the county of Habersham. 10. Sec. VI. All the laws both civil and criminal of this State be, and the same are hereby extended over said portions of said territory respectively; and all persons whatever residing within the same, shall, after the first day of June next, be sub- ject and liable to the operation of said laws, in the same man- ner as other citizens of this State, or the citizens of said counties respectively, and all writs and processes whatsoever, issued by the courts or officers of said courts, shall extend over, and operate on the portions of territory hereby added to the same respectively. 11. Sec. VII. After the first day of June next, all laws, or- dinances, orders and regulations of any kind whatever, made, passed, or enacted by the Cherokee Indians, either in general council, or in any other way whatever, or by any authority whatever, of said tribe, be, and the same are hereby declared to be null and void and of no effect, as if the same had never existed; and in all cases of indictment or civil suits, it shall not be lawful for the defendant to justify under any of said The laws of the state ex- tended over . the territory from the first day of June, 1830. All laws, or- dinances, &c. passed by the tribe of Indians to be null and void after the first day of June, 1880. Defendant not to justify under them. laws, ordinances, orders or regulations; nor shall the courts of Nor admitted this State, permit the same to be given in evidence on the trial of any suit whatever. 12. Sec. VIII. It shall not be lawful for any person or body of persons by arbitrary power or by virtue of any pre- tended rule, ordinance, law or custom of said Cherokee nation, to prevent, by threats, menaces, or other means, to endeavour to prevent any Indian of said nation residing within the char- tered limits of this State, from enrolling as an emigrant or actually emigrating, or removing from Said nation ; nor shall it be lawful for any person or body of persons by arbitrary power or by virtue of any pretended rule, or ordinance, law or custom of said nation, to punish in any manner, or to molest either the person or property, or to abridge the rights or privileges of any Indian for enrolling his or her name as an emigrant, or for emigrating, or intending to emigrate from said nation. 13. Sec. IX. Any person or body of persons offending against the provisions of the foregoing section, shall be guilty of a high misdemeanor, subject to indictment, and on convic- tion, shall be punished by confinement in the common jail of any county of this State, or by confinement at hard labour in the penitentiary for a term not exceeding four years, at the discretion of the court. in any court of this state in any suit. Not lawful for any person, or body of persons, to prevent the Indians from emigrating. Nor to punish any indian for so doing. On so doing shall be guilty of a high misde- meanor and, Oil COIN VIC- tion, suffer confinement at hard la- bour in the penitentiary not less than 4 years. 128 INDIANS.—1829. i.” 14. Sec. X. It shall not be lawful for any person or body prevent any i.” of persons, by arbitrary power, or under colour of any pre- man, &c. f lli * tº g .# tended rule, ordinance, law or custom of said nation to prevent, said territ * ge ºù" or offer to prevent, or deter any Indian, head man, chief or for the use of Georgiº" warrior of said nation residing within the chartered limits of meeting in tºº. this State, from selling or ceding to the United States, for the use of Georgia, the whole or any part of said territory, or to prevent or offer to prevent any Indian, headman, chief or warrior of said nation, residing as aforesaid, from meeting in council or treaty, any commissioner or commissioners on the part of the United States, ſor any purpose whatever. Offence 15. Sec. XI. Any person or body of persons offending against the #: against the provisions of the foregoing section, shall be guilty of .."; a high misdemeanor, subject to indictment, and on conviction, fi s * * ... shall be confined at hard labour in the penitentiary, for not less tentiary not * e ſº jºb than four, nor longer than six years, at the discretion of the years. COurt. Not to take 16. Sec. XII. It shall not be lawful for any person or body the life of any .. e .." of persons by arbitrary force, or under colour of any pretended enlisting, i..." rules, ordinances, law or customs of said nation, to take the life of any Indian residing as aforesaid for enlisting as an emi- grant, attempting to emigrate, ceding or attempting to cede as aforesaid, the whole or any part of said territory, or meeting or attempting to meet in treaty or in council as aforesaid, any º: commissioner or commissioners as aforesaid; and any person or body of persons offending against the provisions of this sec- tion, shall be guilty of murder, subject to indictment, and on conviction shall suffer death by hanging. It committed 17. Sec. XIII. Should any of the foregoing offences be under pre- ...e. ſº committed under colour of any pretended rules, ordinance, rule, &c. all F. custom or law of said nation, all persons acting therein either ing therein ... ºn as individuals or as pretended executive, ministerial or judicial deemed prin- :::::::::me officers, shall be deemed and considered as principals, and sub- subject to t #".” ject to the pains and penalties hereinbefore prescribed. May be sued 18. Sec. XIV. For all demands which may come within in a magis- tº & " tº , G ſº º fºr the jurisdiction of a magistrate's court, suit may be brought for II, CaSeS Uln- © * tº tº .." the same in the nearest district of the county to which the ter- PISOICEIOIT, omºre ritory is hereby annexed, and all officers Serving any legal tº process, or any person living on any portion of the territory " herein named, shall be entitled to receive the sum of five cents for every mile he may ride to serve the same, after crossing the present limits of said counties, in addition to the fees already allowed by law; and in case any of said officers should be resisted in the execution of any legal process issued by any INTERNAL NAVIGATION.—1820. I 29 court or magistrate, justice of the inferior court or judge of the ſº ºfficer superior court of any of said counties, he is hereby authorized º to call out a sufficient number of the militia of said counties to º, aid and protect him in the execution of his duty. may be dome. 19. Sec. XV. No Indian or descendant of an Indian re- Nºnº to be a compe- siding within the Creek or Cherokee nations of Indians, shall ...; in this state be deemed a competent witness in any court of this State to je which a white person may be a party, except such white per- ...?" g tº º º º & h white Son resides within the said nation. iºs in the nation. —-eSee—— INTERNAL NAVIGATION. An Act to keep open, remove and prevent obstructions in the Chal- tahoochie, Flint and Chestatee Rivers, calculated to prevent the passage of fish, and the navigation of said Rivers by boats, so far as respects the County of Gwinnett, Hall, Early and Ha- bersham.*—Passed 22d December, 1820. P. 37. 1. Sec. I. Be it enacted, &c. That from and immediately i. after the first day of February next, it shall not be lawful for ºth traps, any person to obstruct or cause to be obstructed, more than one third part of the Chattahoochie or Chestatee rivers, as far up the said Chestatee river as the forks in Habersham county, by dams, fish-traps or other obstructions, and the main current of said river shall at all times be kept open for the passage of fish and boats. 2. Sec. II. No person or persons, under the penalty of What part of . . the Chatta- twenty dollars per day, shall dam, stop or obstruct the said ºd estatee Chattahoochie or Chestatee from the lower shallow ford, in . Gwinnett county, up the main channel of the river Chatta- * hoochie to the upper line of Habersham county; and up the main channel of the river Chestatee as far as the forks in the said county; but the same is hereby declared to be, at least one third part thereof, including the main channels, a free passage. º 3. Sec. III. It shall be the duty of any justice of the peace in whose district such offence or offences shall be committed, * See for ms for this law, Appendix, title Forms. 17 130 INTERNAL NAVIGATION.—1820. If such of. fence is com- mitted, how to be pro- ceeded against. Twenty dol- lars fine. One half to the informer and the other half for the county funds. Commission- ers’ duty. Proviso. Who may have the pre- ference in putting in fish traps, &c. to issue his warrant upon information on oath of any free white person, commanding such offender or offenders to be brought before the court for said district at its next regular term, to answer the charge alleged against him, her or them, and such justice shall issue summons to compel the attendance of such witnesses as may be thought necessary to establish or defend the said charge, who shall be subject to attachment for monattendance, or refusing to answer on oath, such questions as may be asked them; and if upon such examination it shall appear that such offender or offenders, is or are guilty of any breach of this act, it shall be the duty of the said court to enter up separate judgments against such offender or offenders, for a sum not exceeding twenty dollars for each day such obstruc- tion shall be continued; and the said justice shall issue his execution on the said judgment or judgments so entered up, which execution shall be levied on the goods and chattels, lands and tenements of such offender or offenders, and sold agreeable to the law regulating constable's sales, and the money arising from such fine or fines, shall be paid into the hands of the said court, one half thereof to the use of the informer, and the remaining moiety shall be paid by the said court to the clerk of the inferior court, to be appropriated to the same use as other county funds. 4. Sec. IV. [Here follows the appointment of three com- missioners for each of the above named counties] who shall have complete power in their respective counties, to survey and view any obstructions in the said rivers, which may be considered in violation of the provisions of this act, and on their giving five days notice to the person or persons, their agent or attorney, who shall obstruct the said rivers, or conti- nue any obstructions now in said rivers, in violation of this act; then, and in that case, they shall have competent power to remove, or cause to be removed, such obstructions, by calling to their aid any number of their citizens in their respective counties: Provided nevertheless, that the said commissioners shall, before they enter on the duties of their said appointment, take an oath before some justice of the inferior court, or some justice of the peace, that they will, well and truly, and without partiality, discharge the duties of their said appointment. 5. Sec. V. The drawer or owner of any lot, or purchaser or owner of any fraction situate on either of the said rivers, shall have the preference of putting in fish traps in said rivers, on the side and opposite to such lot or fraction, provided they should not obstruct the free passage of boats. INTERNAL NAVIGATION.—1826. 131 6. Sec. VI. The like provisions and penalties herein con- tºº. tained, in relation to said rivers, be, and they are hereby º extended to, and applied to Flint river, so far as the same may be within the organized limits of this State, and that the infe- rior court of Early county, appoint commissioners to carry the said law into effect, so far as relates to Flint river. [By a resolution of 22d December, 1823, p. 237, the report of the commissioners of the Oconee river gives a statement of their funds, which consisted at that time of ten thousand dol- lars, in the stock of the Bank of the State of Georgia, eighteen negro fellows, five hundred and fifty-one dollars and forty-seven cents in notes, accounts, and attorneys’ receipts, and eighty-one dollars and fifty cents in cash, two flats with the necessary apparatus for cleaning the river.] - An Act to provide for the improvement of the navigation of certain Pater Courses therein expressed.—Passed 26th December, 1826. P. 151. 7. Sec. I. Be it enacted, &c. That the sum of twenty 20,000 disap- thousand dollars be, and the same is hereby appropriated for ;: the improvement of the navigation of the Oconee river below . Carter's Bridge, opposite Milledgeville, and that Tomlinson tº: Fort, Seaton Grantland, Farish Carter, David Blackshear, * and R. A. Blount, be, and they are hereby appointed commis- sioners to manage said work, with full power, or a majority of them, to draw said sum, or any part thereof, at any time, by warrant from the governor, and to exercise a general discre- tion as to the manner of effecting said object, and to employ such artists, assistants, or managers, as they may deem neces- sary to carry said object into effect, and that they be required to keep a fair record, and report their actings and doings to the next legislature. 8. Sec. II. The present Oconee navigation board be, and .# they are hereby required to turn over to the said commissioners ..., to the above as early as practicable, all the public property now in their hands, ...". negroes, implements, &c., to be employed in the promotion of " the objects contained in the foregoing section; any law to the contrary notwithstanding. 9. Sec. III. The sum of ten thousand dollars be, and the ſºlº same is hereby appropriated for the purpose of removing ob- º structions and clearing out the channel of the Ocmulgee river, i. commencing at Macon on said river, and so clearing out the "“” 132 INTERNAL NAVIGATION.—–1826. The commis- sioners, or a majority may act according to their dis- cretion, and be compe- tent to the transaction of business. How a va- cancy may be filled. Commission- ers appoint- ed. Shall make annual re- ports. 20,000 dls. to the Alata- maha river. Commission- ers may draw for the same. They may purchase slaves. channel of the Ocmulgee river as to render it, so far as is prac- ticable, navigable for boats up to the mouth of the Alcova- hatchee, in Jasper county, on said river, thence to the Cedar Shoals, on Yellow river, and to the Snapping Shoals on the South river, and to the high shoals of the Ulcofahatchee. 10. Sec. TV. The sum hereby appropriated be set apart out of any money in the treasury not otherwise appropriated, to be drawn from the treasury by warrant from the governor, and placed in the hands of the commissioners hereinafter named; that the said commissioners, or a majority of them, shall proceed to the discharge of their duty in such manner as may in their judgment seem most likely to promote the object of this appropriation; that a majority of said commissioners shall at all times be competent to transact business, and should any vacancy occur in said board of commissioners, it shall be the duty of the governor, upon its being made known to him by the remaining commissioners, certified by them, to fill such vacancy. 11. Sec. W. Charles Phillips and Mickleberry Ferrell, of Jones county; George A. Brown, of Monroe county; David Adams and William Scott, of Jasper county; Hugh W. Ector, of Butts county; Tarpley Holt, of Bibb county; Solomon Graves and Harrison Jones, of Newton county; and Jethro Barnes, of Henry county, be, and they are hereby appointed commissioners to carry into effect so much of the above recited act as relates to the improvement of the navigation of the Ocmulgee river. 12. Sec. VI. Said commissioners, or a majority of them, shall make an annual report to each succeeding legislature of all disbursements made by them, and in what manner dis- bursed; that the commissioners and their successors in office shall at all times be under the control of the legislature. 13. Sec. VII. The sum of twenty thousand dollars be, and the same is hereby appropriated for the improvement of the navigation of the river Alatamaha, and that the commissioners of said river, or a majority of them, be authorized to draw upon his excellency the governor for such part or parts of the above named sum as shall from time to time be required for the purpose above named. 14. Sec. VIII. It shall be duty of the commissioners of Said river to purchase slaves with the above named sum, or such part thereof as shall be deemed proper, for the purpose of carrying into effect the objects of this appropriation. INTERNAL NAVIGATION.—1826. 133 15. Sec. IX. It shall be the duty of the commissioners of . sioners must said river, on the second Monday of October in each year, to ... governor an- nual reports, transmit to his excellency the governor, a correct report of their º proceedings, to be by him laid before the general assembly at #: the commencement of each session. ture. 16. Sec. X. If at any time it shall appear to the commis- ºil." sioners of said river, or a majority of them, that the slaves thus * purchased are no longer required for the improvement of the navigation of said river, then it shall be their duty to commu- nicate the same to the legislature, who shall direct in what manner said slaves shall be disposed of for the benefit of the State. 17. Sec. XI. Dr. James Troup and Roswell King, jun, ºr be hereby appointed commissioners of said river Alatamaha, in * addition to those already appointed. 18. Sec. XII. The sum of ten thousand dollars be and the lºgº. same is appropriated for the improvement of the navigation of ººlie the Chattahoochie river, to be paid to the commissioners that may be appointed to superintend the improvement of the navi- gation of said river, on their giving bond to his excellency the ..." ers to give governor, for the faithful discharge of their duty; and that Ja- ...ission. cob R. Brooks of De Kalb, Edward Featherston of Gwinnett, "*" Richard Winn of Hall, Joseph Morriss of De Kalb, be and they are hereby appointed commissioners to superintend the improvement of the Chattahoochie river above the Corveta Falls: also the sum of five thousand dollars for the navigation ãº. of Ogechee river below the mouth of Rocky Comfort creek: river. Provided nevertheless, that the governor shall not draw his Proviso. warrant for the said sum until the Ogechee Navigation Com- pany shall have first relinquished all right to demand toll on said river. 19. Sec. XIII. Andrew Byrd, Robert Burton, Thomas ſº Jones, Michael Shellman, Asa Holt, and John Love, be ap- * pointed commissioners to carry the same into effect. 20. Sec. XIV. The governor shall have power to fill all jº vacancies that may occur in said board. cancies. 21. Sec. XV. The sum of twenty thousand dollars be and fºliº. the same is hereby appropriated for the improvement of the ºw navigation of the Ocmulgee river below Macon. 22. Sec. XVI. James Oliver of Twiggs, John L. Lamp-ºº: kin of Telfair, John Rawls of Pulaski, and Robert Brown of * Houston county, be appointed commissioners, in addition to those already appointed for said river below Macon. 134 INTERNAL NAVIGATION.—–1826. j." 23. Sec. XVII. The foregoing appropriation shall be paid Darien mo- mey. in Darien money, by the treasurer of the State. *:::::::... 24. Sec. XVIII. None of the sums appropriated by this act, F.H.” shall be drawn from the treasury, until the engineer shall have shall be †. examined the rivers therein named, and that such examination º, shall be made as soon as practicable, beginning with such river 110m. as is most important to the commerce of the State, and the im- provement of which shall yield the greatest public benefit; and proceeding in like manner until the whole are examined; such precedence to be determined by his excellency the governor and the engineer. ... 25. Sec. XIX. It shall be the duty of the engineer as soon E. as he may complete a survey, to report the same to the several ers, &c. sets of commissioners herein named, advising them of the points in greatest need of improvement, and of the cheapest, most expeditious and effectual mode of progressing with the work. An Act to appropriate money to improve the navigation of the Savannah River. Passed 20th December, 1826. P. 154. 20,000 dis. 26. Sec. I. Be it enacted, &c. That the sum of twenty thou- for the Sa- ºver sand dollars be, and the same is hereby appropriated for the below Augus- ta. purpose of removing obstructions in the Savannah river, below Augusta, and of improving and deepening the channel of that river, so as to render it at all times navigable for steam boats. ºn 27. Sec. II. The sum hereby appropriated, be placed at the at the dispo- i.; disposal of the governor, who shall appoint three or more com- vernor, who :..." missioners to superintend the contemplated work, and that the three com- * commissioners shall be instructed to proceed to the discharge of their duty, with the means which may be given them by this State alone, or to act in concert with any commissioner or commissioners who may be appointed on the part of South Carolina, and furnished with adequate means of co-operation, as to them may seem best for the interest of Georgia. The pººl. 28. Sec. III. The principal engineer of the State shall at- pal engineer ... tend the said commissioners and give them his aid as often and commission- €1’S. as long as they may find his assistance necessary. flººna. 29. Sec. IV. As soon as practicable after the passing of this tion to be tº act, a survey and examination shall be made of such portion of tween An- ... Savannah river as lies between Andersonville and Augusta ; such examination to be made by the engineer or his assistant, in concert with such engineer or assistant as may be appointed INTERNAL NAVIGATION.—1826. 135 on the part of the State of South Carolina. And when such survey shall have been made and reported to the board of com- missioners hereinafter appointed, it shall and may be lawful for said board to draw upon the treasury for such sums as may be necessary to carry on the improvements on said river, contem- plated by this act: Provided, that the said board shall not have authority to draw more than one-fourth of the appropriation herein made at any one time, nor oftener than once in three months. 30. Sec. W. William Jones of the county of Lincoln, Archi- gº.- ers appoint- bald Stokes of the county of Elbert, William B. Tankersley of ºt" the county of Columbia, and Zachariah Bohman of Elbert county, be and they are hereby appointed commissioners, to carry the provisions of this actinto effect, and that they proceed to the duties of said appointment as soon as they shall be noti- fied of a similar appointment and equal appropriation made on the part of the State of South Carolina; and the sum of twenty thousand dollars is hereby appropriated to carry this act into effect, as far as the same relates to said portion of said river be- tween Andersonville and Augusta. 31. Sec. WI. In case either or all of the commissioners The govern- hereinbefore named should decline to act, it shall be lawful for º: his excellency the governor to supply their places, and when- ever vacancies may occur in said board, he shall have power to fill them, and in all cases, a majority of said board shall be competent to the transaction of business. 32. Sec. VII. His excellency the governor be requested to The gºvern- or of this transmit to his excellency the governor of South Carolina, a state ºrans- © º g º mit to the certified copy of this bill as soon as the same shall receive the gº formalities of a law. ºpy of An Act to incorporate the Savannah, Ogechee, and Alatamaha Canal Company. Passed 26th December, 1826. P. 42. Whereas, by an act of the general assembly of this State, passed on the twentieth day of December, in the year 1824, a grant was made to Ebenezer Jenckes, to construct a canal from the Ogechee to the Savannah river, and vesting in him and his representatives, the proprietory interest thereof for the term of sixty years, with certain privileges: And whereas, by another act of the general assembly of this State, passed on the twenty- fourth day of December, in the year 1825, the said Ebenezer Jenckés was authorized to construct a canal from the Ogechee to the Alatamaha rivers, upon certain conditions, and to vest in 136 INTERNAL NAVIGATION.—1826. Company in- colporated. Style. Powers. him and his legal representatives the proprietory interest therein for the term of sixty years: And whereas, after the passing of the said acts, books were opened in the city of Savannah, and and subscriptions to a large amount were obtained for effecting the objects of the said grants, and the said subscribers associated together by the name of “The Savannah, Ogechee, and Alata- maha Canal Company,” and a board of Directors for the time being, were appointed to manage its concerns, and certificates of stock issued to the subscribers: And whereas, it hath been represented to this general assembly, that the said Ebenezer Jenckes has transferred all his rights and interests in the said grants, with certain restrictions and reservations: And whereas, Alexander Telfair, Joseph Cumming, Thomas Young, Wil- liam C. Daniel, Richard F. Williams, Benjamin Burroughs, and John D. Mongin, who are the directors of the said com- pany for the time being, and others the stockholders of the said company, have petitioned the legislature, that the said com- pany may be incorporated under its present name: And whereas, it is deemed expedient that the said company be so incorporated: Therefore, 33. Sec. I. Be it enacted, &c. That the said Alexander Telfair, Joseph Cumming, Thomas Young, William C. Dan- iel, Richard F. Williams, Benjamin Burroughs, and John D. Mongin, with all such persons as now, or may hereafter be- come stockholders in the said company, their successors and assigns, be, and they are hereby created a corporation and body politic by the name and style of “The Savannah, Ogechee, and Alatamaha Canal Company,” and by that name shall be, and are hereby made able and capable in law, to have, pur- chase, receive, possess, enjoy and retain, to them and their suc- cessors, lands, rents, tenements, hereditaments, goods, chattels, and effects of whatsoever kind, nature, and quality, subject however to the restrictions and limitations hereinafter provided, and the same to sell, grant, alien, and dispose of, to sue and be sued, plead and be impleaded, answer and be answered, de- fend and be defended in courts of record, or any place whatso- ever; and also to make, have, and use a common seal, and the same to break, alter, and renew at their pleasure, and also to ordain, establish, and put in execution such by-laws, ordinan- ces, and regulations, as they shall deem necessary and conve- nient for the government of the said corporation: Provided nevertheless, that such by-laws, rules, and regulations be not contrary to the constitution and laws of this State or of the United States, and generally to do and execute all and singu- INTERNAL NAVIGATION.—1826. * 137 lar the acts, matters, and things which to them it shall or may appertain to do, subject, nevertheless, to the rules and limita- tions hereinafter prescribed: 34. Sec. 11. The capital stock of said corporation shall be capital stock. Seven hundred thousand dollars, divided into shares of one hun- dred dollars each, but may be increased to a sum not exceed- ing one million of dollars whenever it is deemed expedient by a majority of the board of directors of the said corporation for the time being. 35. Sec. III. For the management of the affairs of the said ..." corporation, there shall be seven directors, being stockholders in their own right, who shall be annually elected at the office of the said corporation, in the city of Savannah, on the first Monday in April in each year, by the stockholders of the capi- ... tal of said corporation, and by a plurality of votes then and there actually given, according to the scale of voting hereinafter prescribed; and the directors so duly appointed and elected, shall be capable of serving by virtue of such appointment and choice, from the first Monday in the month of April in each year until the end and expiration of the first Monday of the month of April in the year ensuing the time of each annual election, to be held by the stockholders as aforesaid; the first election to be held on the first Monday in April, in the year eighteen hundred and twenty-seven, until which time the present board of directors of the said company shall continue in office as the board of direc- tors of the said corporation. And the board of directors annually *::::::" at the first meeting after their election in each and every year, shall proceed to elect one of the directors to be president of the corporation, who shall hold the said office during the same pe- riod for which the directors are appointed and elected as afore- said, and with such salary as the board of directors may deem reasonable: Provided, that in case it should at any time hap- ...}}}. pen that an appointment or election of directors, or an election ..." of a president of the said corporation should not be so made as to take effect on any one day, when in pursuance of this act they ought to take effect, the said corporation shall not for that cause be deemed to be dissolved, but it shall be lawful at any other time to make such appointments, and to hold such elec- tions, (as the case may be,) and the manner of holding the elec- tions shall be regulated by the by-laws and ordinances of the said corporation; and until such appointments or elections be made, the directors and president of the said corporation for the time being shall continue in office: And provided also, that ..." in case of the death, resignation, or removal from the State or 18 138 INTERNAL NAVIGATION.—1826. Death, &c. of any di- rector. The directors may appoint officers: their com- pensation: shall give bond. Condition. May make a canal, &c. from Savan- nah to the Ogecheeri- vers, and from Oge- chee to Alata- maha. Certain other privileges. office of the president of the said corporation, the directors shall proceed to elect another president from the directors as afore- said; and in case of the death, resignation, removal from the State or from office of a director, the vacancy shall be supplied by the stockholders, upon ten days previous public notice of the time and place of such election being given by the directors. 36. Sec. IV. The directors for the time being shall have power to appoint such officers, engineers, clerks and servants under them, as shall be necessary for executing the business of the said corporation, and to allow them such compensation for their services respectively, as shall be reasonable, and may re- quire and take from each or any of the said officers, engineers, clerks and servants, a bond to the corporation, with one or more securities to the satisfaction of the directors, in such pe- nalty as they may prescribe, with a condition for his good be- haviour and faithful performance of his duties to the said cor- poration, and shall be capable of exercising such other powers and authorities for the well governing and ordering of the said corporation as shall be prescribed, fixed and determined by the laws, regulations, and ordinances of the same. 37. Sec. V. The corporation created by this act, be, and they are hereby authorized and empowered to make, contract, and for ever maintain, a canal, or slack water navigation, of suitable width, depth, and dimensions, to be determined by the board of directors of the said corporation, from such point on the river Savannah, to such point on the river Ogechee, and from such point of the Ogechee river to such point on the Alatamaha river, or its branches the Oconee and Ocmulgee rivers, as the said board of directors of the said corporation shall judge best; and said corporation may form and contract a towing path or paths, all necessary locks, aque- ducts, culverts, dams, waste weirs, and toll houses, artificial harbours for boats and rafts, side cuts or lateral canals connect- ed with said basins, or with said Savannah, Ogechee, or Ala- tamaha rivers, or their or its branches, at such place or places as shall be found expedient, and all necessary feeders from said rivers, or from other streams if more convenient for cons; maintaining and repairing said canal or navigationX and that the said corporation shall and may fix and estab ſh, and be entitled to receive and take by way of toll for all goods, mer- chandise, and produce, carried on or through, and boats and rafts and other water craft passing on or through the said canals, or either of them, such sums or rates as the said corporation shall think proper to impose, not exceeding at any time twenty-five INTERNAL NAVIGATION.—1826. 139 per centum on the money which shall have been expended in constructing, making, and keeping in repair the said canals and other necessary appendages thereto. 38. Sec. VI. It shall and may be lawful for the board of directors of the said corporation as soon as the said canals and navigation, or any ten miles of either of the said canals shall be completed so as to allow of the passage of boats or rafts, to appoint such and so many collectors of tolls for the passage of boats, vessels or rafts in and through the same, and in such places as the said board of directors shall think proper, and to allow the said collectors for their services, such compen- sation, and to take from each of them like bond and security, as are specified and provided in and by the fourth section of this act, and that it shall and may be lawful for such collectors of toll and their deputies, to demand and receive of, and from the persons having charge of any boat, raft, ark, craft, or other vessel passing through or upon the said canal or navigation, such toll and rates as the said board of directors shall think proper, at any lock or other convenient place : Provided, the same do not exceed the rate hereinbefore specified. 39. Sec. VII. The collectors of tolls duly appointed by the board of directors as heretofore provided, may stop and detain all boats, vessels, crafts, or rafts using the said canal and navi- gation, until the owners or commander, or Supercargo of the same, shall pay the toll as aforesaid fixed, and if any owner, skipper or supercargo of any boat or ark, craft or raft, shall pass by any place appointed for receiving tolls, without making payment thereof according to the provisions of this act, and with intent to deprive or defraud the said corporation of such toll, he, she, or they so offending, shall forfeit and pay for every time, he, she, or they shall so pass by such appointed place, to the said corporation, the sum of twenty dollars, to be sued for and recovered by action of debt, in like manner, and sub- ject to the same rules and regulations as debts under thirty dollars may be sued for and recovered, together with the costs of suit. 40. Sec. VIII. In order to ascertain the tonnage of boats and vessels, and the measurement of rafts using and passing the said navigation, and to prevent disputes between the owners, skippers, or supercargoes, and the collectors of tolls concerning the same, and upon request of the owner, skipper or supercargo of such boat, vessel, or raft, or of the collector of said tolls at any place or lock appointed for receiving of tolls upon the said navigation, it shall and may be lawful for each of them to May appoint collectors of tolls: their com- pensation. Rate of toll. The collect- ors may stop boats, &c. The manner of ascertain- ing the ton- mage of ves- sels, &c. 140 INTERNAL NAVIGATION.—1826. When the canal must be comple- ted. May pur- chase and hold lands, &c. choose one skilful person to measure and ascertain the tonnage the said boat is capable of carrying, or the measurement of the said raft, and to mark the tonnage of the said boat when so as- certained, in figures upon the head and stern of the said boat, in colours mixed with oil or other durable material, and the said boat so measured and marked, shall be permitted to pass through the said canal or navigation for the price to which the number of tons so marked on her shall amount, agreeably to the rates fixed in the manner aforesaid; and if the owner, skipper, or supercargo of any boat, vessel, or raft, shall decline to choose a person to ascertain the tonnage or measurement thereof as aforesaid, then the amount of such tonnage or mea- surement shall be fixed and ascertained by the person appointed ſor that purpose by the board of directors of the said corpora- tion, or chosen by the collector of tolls, and the tolls shall be paid according to such measurement, before any such boat, vessel, or raft, shall be permitted to pass the place where such toll is made payable. 41. Sec. TX. The said corporation shall complete and finish the said canal from the river Savannah to the river Ogechee, within three years from the passage of this act, and shall com- plete and finish the said canal from the river Ogechee, to the river Alatamaha, or to either of its branches within five years from the passing of this act, and on failure thereof shall forfeit all the rights, immunities and privileges herein and hereby granted, so far as the same are especially applicable to the canal not completed within the time specified as above. 42. Sec. X. The said corporation may purchase, and for ever hold any and all lands and real estate necessary for con- structing, maintaining, and repairing said canals, and the works connected therewith as aforesaid, and may also receive, hold, and take all voluntary grants and donations of real estate, and lands which shall be made to them, to aid the objects of said corporation; and whenever in either of the ways aforesaid, said corporation shall become possessed of, and own any lands and real estate, which it may be necessary for them to retain for the purposes aforesaid, it shall be lawful for them to lease, occupy, alien, or convey the same by lease or deed, with their seal affixed thereto, and to sell or lease any or all surplus wa- ters of said canal, not wanted for the most commodious navi- gation thereof, on such terms and for such purposes as they shall deem expedient; and for the purpose of assuring the said corporation all the lands, real estate, and waters requisite for the most economically constructing and maintaining said canal INTERNAL NAVIGATION.—1826. 141 and the works connected therewith, and incident and neces- sary to the navigation of the same, whenever the said lands and ºft. waters shall not be obtained by voluntary donation or fair "* purchase, it shall be lawful for said corporation, by its agents, superintendents, or engineers, to enter upon, take possession of, and use all such lands, real estate, ponds and streams, as shall be necessary for the purposes aforesaid. 43. Sec. XI. The directors of the said corporation, by and with the superintendents, engineers, artists, workmen, or la- bourers employed by, or acting under the authority, or with the consent of the board of directors, or of the said corporation, may enter into, or upon the lands, contiguous and near to the track of the said intended canal or navigation, with their tools, instruments, carts, waggons and other carriages, and beasts of draft or burthen, giving notice to the owners or occupiers of such lands, and from thence take and carry away any stone, †ber timber, gravel, sand, earth, or other material, doing as little &c." } damage to the said lands as possible, and repairing any breach they may make in the enclosures thereof, and making amends for any damages that may be done thereon, and paying for the materials so taken away; the amount whereof, if the parties How the cannot agree, shall be assessed and valued by three disinter- º ested freeholders residing in the neighbourhood, under oath or tained. affirmation, to be appointed by the parties; or if they cannot agree in their appointment, then to be appointed by any jus- tice of the peace of the district; and it shall be the duty of the said freeholders to file a report of their assessment, within seven days after they shall have agreed upon the same, with a justice of the peace of the district, by whom the same shall be entered upon his docket; and the said freeholders shall also, within the said seven days, notify to each of the parties the name of the justice of the peace with whom their report has been filed, and either may appeal from such report to the supe- Either may rior court of the county, at any time within thirty days after º' the same shall be so filed, which appeal shall be tried by a jury Appeal tried at the first term of the said court, held after the said appeal by a jury. shall have been entered, and the verdict of the said jury shall be final. 44. Sec. XII. Whenever the said corporation shall re- How dama- €S al‘e 2S- quire, or take possession by its officers or agents, of any lands, ºftor ponds, streams or waters, which are necessary for the purpose ** of making, excavating, maintaining, or using the said canals or ands, &c. either of them, or any part thereof, and any disagreement arises as to the price of the land or water, so required or taken posses. 142 INTERNAL NAVIGATION.—1826. Either party may appeal, and to be tried by a special jury. Shall be final. Ungranted lands, lying within one quarter of a mile-of the line of ca- mals, vested in the corpo- ration. Canal in- tersecting a public road, what must be done. The books and accounts liable to in- spection by authority of the legisla- ture, Canals and locks to be kept in good order. Proviso. sion of by the said corporation or its agents, between the owner or owners of the said lands or waters and the said corporation, such disagreement, by the award of three sworn appraisers, to be chosen, one by the owner or owners of the said lands or waters, one by the said corporation, and one who shall be appointed by the judge of the superior court of the county where the land lies, which award of the said appraisers shall be rendered in writing, under the hands and seals of the said appraisers, or a majority of them, and shall be returned to the clerk of the said superior court within ten days after the same shall have been made; and it shall be the duty of the said appraisers, to notify in writing to the parties that such award has been made and re- turned as aforesaid, within five days thereafter ; and if either party be dissatisfied with such award, he, she, or they may ap- peal therefrom, within thirty days after such award shall have been returned as aforesaid, and which appeal shall be tried by a special jury, at the term of the said superior court next there- after held in that county; and the decision, in whatever way finally made, shall vest in the said corporation the fee simple title of the land in question, and in the other party a judgment for the value thus ascertained. 45. Sec. XIII. All lands lying, being, and situate within one-fourth of a mile of the line of the said canals, and not here- tofore granted, shall be, and the same are hereby vested in the said corporation, to be held, sold, leased or conveyed by the said corporation, in like manner as other lands received, pur- chased, held or taken by said corporation as heretofore pro- vided. 46. Sec. XIV. Whenever the said canal shall intersect a public road, the said corporation shall be bound to build a safe and suitable bridge; but the bridges of all public roads laid out after the passage, crossing the said canals, shall be constructed and kept in repair by the county. 47. Sec. XV. The books and accounts of the said corpo- ration shall be liable to inspection and examination, by any commissioner or commissioners who may for that purpose be Selected or appointed by the legislature or governor of this State. 48. Sec. XVI. The said corporation shall be obliged to keep the said canals and locks in good and sufficient order, condition and repair, and at all times free and open, remark- able casualties and accidents excepted, to the navigation of boats, raſts, and other water crafts; and for the transportation of goods, merchandise and produce: Provided, the boats, rafts INTERNAL NAVIGATION.—1826. 143 and other water craft are not so constructed as to injure said canals, or to obstruct the free navigation thereof. 49. Sec. XVII. It shall be unlawful for any person or per fly Jºn sons to throw dirt, rubbish, trees, or logs, into the said canals, ºsh, or to injure the locks, basins, ſeeders or banks, or any part of ..." the work or works appertaining to the said canals, or either of them, or in any manner to hinder or obstruct the navigation of the said canals or either of them; and any person or persons so offending, shall be liable to an indictment as for a misde- meanor, and on conviction thereof, shall be fined or imprisoned, #: i. or both, at the discretion of the judge of the court before which piºned, or the conviction is had, and the said offender or offenders shall also forfeit and pay to the said corporation four times the ºr amount of the damages by them sustained, together with costs, ages. to be recovered by action of debt, before a justice of the peace, or any court of competent jurisdiction. 50. Sec. XVIII. The said corporation shall and may col- ºr lect and reserve water for the use of the said canals, paying a . just remuneration therefor, and also all damages by occasion thereof, to be ascertained upon disagreement, in the same manner as pointed out by the eleventh section of this act. 51. Sec. XIX. The said canal and its appurtenances shall #on be for ever exempt from all taxes, duties and impositions what- *** ever ; and that after the expiration of sixty years from the At the expi- tº * ſº • (rºi . ration of th passage of this act, if the legislature of this State shall deem it º' for the interest thereof, that the property of the said canals ºw should be vested in the said State, then and in that case, the said corporation shall convey all its rights and title and interest of, in, and to the said canals, to the said State, on receiving from the treasury of the State, a sum of money equal to all the sums expended in constructing, making, improving and keeping in repair the said canal, together with a net interest, above all charges, of eight per centum per annum, on such part of the stock as shall not have afforded such interest. 52. Sec. XX. The said corporation be, and is hereby º: Darien authorized, to receive from the treasury of this State the sum ºi. of fifty thousand dollars, in bills of the Darien Bank, hitherto Poration. appropriated as a loan to Ebenezer Jenckes, for the same purpose, to assist the said corporation in opening the said canals, or either of them: Provided, the said corporation shall give a bond to the governor of the State of Georgia, for the time being, and his successors in office, to secure to the State the repayment of the same; which loan is not to draw interest until the governor shall notify to the said corporation that the 144 INTERNAL NAVIGATION.—1826. What time it may be re- payed. ** And have a lien on the ca- mals for its redemption. The state may unite other public works to this canal. Rules. Apportion- ment of VOteS. bills of the Darien Bank are at par value; then the said cor- poration shall be, and is hereby required to pay an interest of five per cent. per annum, until the State shall require the repayment of the said sum so borrowed: And provided, the legislature may require the repayment of the said money at any time, upon giving the said corporation six months notice there- of, whether the same be at par or not; and that the sum so drawn shall be expended in cutting said canals, or one of them, and for no other purpose whatsoever. 53. Sec. XXI. The State shall have a lien on the said canals for the money so loaned to the said corporation, any contract or conveyance to the contrary notwithstanding. 54. Sec. XXII. Nothing contained in this act shall pre- vent the State from uniting to the said canals, any canal, rail road, or other public work, which may be necessary for the benefit of the citizens thereof; but it shall at all times be in the power of the legislature to open any other canal or pass any public work to or across the said canals, whenever it shall be deemed necessary for the general good : Provided, the same does not obstruct or impede the free navigation and use of the said canals. 55. Sec. XXIII. The following rules, restrictions, limita- tions and provisions, shall form and be fundamental articles of the constitution of the said corporation, to wit: RULE I. The number of votes to which the stockholders shall be entitled in voting for directors, shall be according to the num- ber of shares he, she, or they, respectively, shall hold, in the proportions following; that is to say, one share, one vote; two shares, two votes; three shares, three votes; four shares, four votes; five shares, five votes; and for every additional five shapes, one vote; and no shares can be voted but by the per- Sons in whose names they stand on the books of the corpora- tion, at the time of the election, unless a power of attorney be produced expressly authorizing the person or persons offering the votes to represent the said shares, except the shares of minors, whose parent or guardian may vote the said shares; and no person shall be a director who is not a stockholder in his own right. INTERNAL NAVIGATION.—1826. 145 RULE II. The directors shall elect, annually, a fit and proper person Tº..., to discharge the duties of treasurer and secretary, who shall tº be elected. give bond to the said corporation, with two sureties, to be ap- proved by the board of directors, in such sum as the said board may require, for the faithful performance of the trust reposed in him: and the compensation of the said treasurer and secre- i.rº tary shall be fixed by the said board. RULE III. A majority of the said directors shall form a quorum for the * transaction of business; and the minutes of the proceedings of *::::::::: the said board, shall be recorded in a book to be provided for that purpose. g RULE IV. The minutes of the proceedings shall be subject to the in- º the proceed- spection of the stockholders, upon the requisition in writing, of ..." any person or persons legally representing one-eighth of the #:..." stock of the corporation. holders. RULE V. The yeas and nays shall be registered upon any question, ..." when required by a single member of the board. RULE VI. The certificate of stock or shares in the said “The Savan-wºº, mah, Ogechee and Alatamaha Canal Company,” shall be in called in by the said board of directors of the said corporation as soon as may be practicable, and certificates of the stock of the said corporation shall be issued, in the name of the said corporation, to the holders thereof; and any person or copart- ºn nership neglecting or refusing to pay any future instalment on the said stock, when required so to do in manner hereinafter directed, the share or shares, on which such failure shall happen to occur, shall for such failure be forfeited to the corporation, and may again be sold and disposed of, as the board of direc- tors shall order or provide, and the sums which may have been paid thereon shall enure to the benefit of the corporation, toge- ther with any advance which may occur on the sale of the said shares. - 19 * 146 INTERNAL NAVIGATION.—1826. RULE VII. ºrm, The board of directors of the said corporation shall have be called tº authority to call in the instalments which may remain due on said stock, and in such sums, not exceeding ten dollars per share, at any one time, as a majority of them may deem neces- sary for the uninterrupted and speedy completion of the said canals: Provided, thirty days previous notice be given thereof. RULE VIII. :::::::::... All certificates of stock shall be signed by the president, and ; "P" attested by the treasurer, and shall be transferable, personally, or by attorney, on the books of the company only according to such rules as may be established in that respect by the board of directors. RULE IX. ºt. All contracts made by, or with the said corporation, shall be ting. in writing; and it shall be a condition in every contract for ma- terials or labour, that the board of directors of the corporation shall have the power of making the same void, upon the repre- sentation of the chief engineer in writing, that the contractor refuses or neglects to do the work as directed by the engineer. RULE X. Nºdirector to No director of the said corporation shall be a contractor be a contract- Oſ. during his continuance in office, either directly or indirectly. RULE XI. º Dividends of the profits of the corporation or of so much of the same as shall be deemed expedient and proper, shall be declared and paid half yearly ; and the said dividends shall be determined from time to time, by a majority of the directors, and shall in no case exceed the profits actually acquired by the corporation. RULE XII. º: º: The lands, tenements, and hereditaments which it shall be jºy" lawful for the said corporation to hold, shall be only such as are hereinbefore specified, and such as shall be necessary for its immediate accommodation in relation to the convenient transaction of its business, and such as shall have been bona fide mortgaged to the corporation by way of security, or con- INTERNAL NAVIGATION.—1826. 147 veyed to it in satisfaction, or as security for money advanced, or to be advanced by the said corporation, or purchased at Sales upon judgments which shall be obtained for debts due to the corporation. 56. Sec. XXIV. Be it enacted, &c. That the capital stock º' of the said corporation may be increased at any time to the ** amount prescribed and limited by the second section of this act, whenever a majority of the stockholders shall so determine, at any special or stated meeting, by authorizing the directors to receive subscriptions for, or to dispose of shares of one hundred dollars each, to any person or persons in such manner as they shall think fit: Provided, that in receiving such subscriptions, ... bers to have or in making such disposition, the holders of stock subscribed ...” for previous to the passage of this act, shall have a preference over all others; and the new subscribers, if any, shall become parties to the corporation, reserving however, for the State of . Georgia, one thousand shares of such increased capital, to be ** subscribed for at the first session of the legislature after the capital shall be so increased; and should the legislature fail to subscribe for the part or the whole of the said stock so reserved for the State, it shall and may be lawful for the directors of the corporation to dispose of that part of the stock so reserved for the State, and not subscribed for as aforesaid, to individuals, upon the same terms, and with the same preference, as are prescribed for the disposal of the other part of such increased capital; and upon the State subscribing for the said one thou- ...in, sand shares of stock, she shall be entitled to appoint one mem- ** ber of the board of direction, annually, in which case the number of directors to be elected thereafter by the stockholders shall be reduced to six: Provided, that if any profit shall be made by the disposition or sale of such increased capital, the same shall enure to the use and benefit of all the holders of the stock, held at the time of every such extension or increase. 57. Sec. XXV. As soon after the passage of this act, as º. the same may be practicable, the treasurer of the said Savan- i.” nah, Ogechee, and Alatamaha Canal Company, shall transfer to the said corporation all the funds of the said company, and which, when so transferred, shall become a part of the funds of said corporation, and thereupon the funds and property of the said corporation shall immediately become liable for the pay- ment of all the debts due and owing by the said company, or its directors in its behalf, previous to such transfer; and no sº, stockholder or director of the said company, or of the said cor- § iº- poration, shall be held or considered individually liable in his 148 INTERNAL NAVIGATION.—1827. Stealing, em- bezzling the property of the corpora- tion punish- ed: person or estate for the payment of any debt contracted by the said corporation, or the board of directors in its behalf; but the canal property and funds of the said company or corporation alone shall be held liable for the payment of the same. 58. Sec. XXVI. If any officer or servant, or other person, employed by the said corporation or by the board of directors thereof, shall steal, secrete, embezzle or run away with any note or notes, bank bill or bills, warrant or warrants, bond or bonds, deed or deeds, security or securities, draft or drafts, check or imprison- ment, &c. in the peniten- tiary. Certain rights oſ Ebe- ne7.er Jenckes not divested by this act. 10,000 dolls. appropriated for the Chat- tahoochie, from the Co- weta falls to its junction with the Flint. Commission- ers appoint- ed. Their pow- ers and duty. checks, money or effects, of the said corporation, entrusted with him, or the directors of the said corporation, or which shall have been received or collected by him, for and on account of any tolls, or other debts due to the said corporation, such of fender, on conviction thereof, shall be punished by imprison- ment at hard labour, or in solitude in the penitentiary for any term, not less than three years, nor longer than seven years. 59. Sec. XXVII. Nothing contained in this act, shall be so construed as to deprive or divest the said Ebenezer Jenckes of any right, privilege, or immunity, granted or allowed to him by the acts of the legislature in the preamble to this act referred to, and which has not been assigned and transferred by him to the said “the Savannah, Ogechee, and Alatamaha Canal Company,” or to trustees for the use of the said company, or which may not hereafter be assigned and transferred by him to the said corporation. An Act for the appropriation of money for the improvement of the Chattahoochie river. Passed 26th December, 1827. P. 173. 60. Sec. I. Be it enacted, &c. That the sum of ten thousand dollars, be and the same is hereby appropriated for the improve- ment of the Chattahoochie river from the Coweta Falls on said river, to its confluence with that of the Flint. 61. Sec. II. Richard C. Spaun, John Dill, and A. M. Wat- son, of Early county, and Sowell Woolfolk and William D. Lucas of Muscogee county, and Allen Lawhom, of Henry county, be and they are hereby appointed commissioners of the Chattahoochie river, from the Coweta Falls on said river, to its junction with the Flint river, who, or a majority of them, shall have power to draw the amount appropriated, or any part thereof, and to exercise such general discretion in the prose- cution of the improvement of said river, as to them may appear most productive of the best interests of the State; and that INTERNAL NAVIGATION.—1828. 149 said commissioners give bond and security in the sum of twenty thousand dollars, as other commissioners of Said river. 62. Sec. III. Whenever a vacancy may happen, it shall be ºrt to fill vacan- the duty of the inferior court of the county in which it takes “” place to fill said vacancy. 63. Sec. IV. The said commissioners shall keep a fair re- To keep a record and cord of their proceedings and report the same annually to the º: re- legislature. An Act to authorize his eaccellency the Governor, to subscribe to the Stock of “The Savannah, Ogechee, and Alatamaha Ca- mal Company.” Passed 18th December, 1828. P. 72. Whereas, the State of Georgia is deeply interested in carry- ing into effect every enterprise having for its object internal improvement, and giving facility to the commerce and trans- portation of the products of the different counties in this State: And whereas, the laudable efforts made for this purpose by “the Savannah, Ogechee, and Alatamaha Canal Company,” are likely, as appears by their memorial, to prove abortive, thereby involving great private and public loss of money, unless aid and assistance is afforded them by the legislature of this State: And whereas, the interest and honour of the State de- mand that this first attempt at internal improvement, should not fail for want of the means to carry it on : 64. Sec. I. Be it enacted, &c. That his excellency the go- vernor be, and he is hereby authorized on or after the first Mon- day in January next, or sooner, if he deems it expedient, to subscribe a sum not exceeding forty-four thousand dollars, to the stock of the said Savannah, Ogechee, and Alatamaha Ca- mal Company. 65. Sec. II. His excellency the governor be, and he is hereby authorized to draw upon the treasury for the said sum of forty-four thousand dollars to carry into effect the provisions of the first section of this act. 66. Sec. III. Immediately after the said subscription to the stock of the said corporation, his excellency the governor, be and he is hereby authorized to appoint annually one director of the board of direction of the said corporation, to represent the interest of the State. [According to the report of the commissioners for the im- provement of the Oconee river, (see resolution of 1827, p. 283.) the fund and property in the hands of the commissioners con- The govern- or authorized to subscribe to the com- pany. 44,000 dolls. To draw a Warrant. On the treasury. And appoint annually one director on the part of the state. 150 INTERNAL NAVIGATION. sists in one hundred shares of the State Bank, twenty thousand dollars in Darien money on deposit, and seven hundred dollars for negro hire, nineteen negro men and flats, and the apparatus common for removing obstructions from rivers in this State; the amount is liable to a deduction of six thousand five hun- dred dollars, the contract price for the lock and dam at the Whetstone shoals; the balance will be applicable to the further improvements on the said river.] Report and resolution of the committee on agriculture and internal improvement—Report, that within the last thirteen years, the sum of $321,500 has been appropriated by the State for the purposes of internal improvement. With the exception of $5000 conditionally appropriated for Broad river, which has never been drawn, $4636 46 cents returned to the treasury by the Savannah River Navigation Company, between Augusta and Petersburg, and $1235 returned by the commissioners of Brier creek, in Scriven county, with about eighty negroes and some implements for labour, your committee is unable to account for the expenditure of the appropriations. Some of the com- missioners having made no report, and others a very unsatisfac- tory one. [And after saying much on the subject the following resolutions were adopted, to wit:] Resolved, that no further appropriations be made for the purposes of internal improvement, until some better and more efficient system shall be matured and adopted, and that the office of civil engineer be abolished for the present. Resolved, that his excellency the governor be requested to discharge the civil engineer, Hamilton Fulton, from the service of this State, so soon as the present quarter, specified by his excellency's message of the 4th inst., shall have expired. [See report and resolution of the 20th December, 1828, P. 219.] [The following resolution, after giving very satisfactory rea- sons for the same was adopted, to wit:] Resolved, That under present circumstances, it is impolitic on the part of Geor- gia, to attempt to procure a full and entire ratification of the convention with South Carolina, relative to the navigation of the Savannah and Tugalo rivers. [See report and resolution of 20th December, 1828, P. 239.] JUDICIARY.——1820. 151 The following references, are to the acts which have been passed at different sessions of the legislature, relative to each Water CourSe: Alatamaha, 1822. P. 15. Brier Creek, 1820. P. 77. 1822. Brier Creek and Tugalo river, P. 102. 1823. P. 225. 1828. P. 203. Broad river, 1822. P. 64. 1824. P. 82. 1825. P. 149. Chattahoochie, 1827. P. 274. 1828. P. 194. Ocmulgee, 1821. P. 49. 1822. P. 15. 1824. P. 85. 1827. P 174, 1828. P. 217. 1829. P. 152–157. Oconee, 1820. P. 93. 1821. P. 148, 1822. P. 64. 1824. P 181. 1825. P. 22. Ohoopie, 1824. P. 84, Savannah, 1822. P. 157. 1823. P. 102. 1824. P. 166. 1826. P. 181. 1829. P. 154. Tugalo, 1823. P. 102. 1824. P. 162. 1825. P. 209. Canals.--From St. Mary's to Suwand, 1823. P. 208. From Alatamaha to Turtle river, resolution concerning, 1823. P. 234. From Ogechee to Savannah river, 1824. P. 101. From Alatamaha to Brunswick, resolution, 1824. P. 163. From Alatamaha to Sapelo river, resolution, 1824. P. 171. Central canal or Railway, 1825. P. 36. Jenckes' canal, 1824. P. 101. 1825. P. 38. Mexican Atlantic, 1825. P. 40. From Alatamaha to Turtle river, 1825. P. 193. Central canal, repealed, 1826. P. 42. Brunswick Canal Company, 1826. P. 53. —CŞe— JUDICIARY. An Act to amend the Judiciary Laws of this State, passed 16th February, in the year 1799, so far as to authorize the issuing of bail process in certain cases.”—Passed 8th December, 1820. P. 4. Whereas great inconvenience has resulted for the want of a law, authorizing plaintiffs, pending actions, to hold the defend- ant to bail; for remedy whereof, * See forms for this law, Appendix, title Forms 1 52 JUDICIARY.-1820. ºf 1. Sec. I. Be it enacted, &c. That in all cases where an *...* action is commenced and pending, or where any action may hereafter be commenced, and no bail shall have been required at the commencement of said action, or having been required, and has or may be discharged, and the plaintiff in any such Yº..., action pending the same, shall require bail, such plaintiff shall *** make affidavit before any judge, justice of the inferior court, or justice of the peace within this State, or any judge or justice of a Superior court of any one of the United States, shall have annexed thereto the seal of the State from whence it shall come, and a certificate of the governor, certifying that the per- son, taking such affidavit, is one of the judges or justices of a superior court of that State, of the amount claimed by him, and that he has reason to apprehended the loss of the said sum, or some part thereof, if the defendant or defendants is or are not held to bail, which affidavit shall be filed in the clerk's office of the court in which such action is pending, and a copy or copies thereof affixed to the process, to be issued by the clerk of said court in which such suit may be pending, and to the copy or copies of such process, and the amount sworn to shall be en- dorsed on such process, and the copy or copies thereof. ; 2. Sec. II. When any such affidavit is made and filed in ‘...." the clerk's office of the court in which such suit is or may be :... pending, the clerk thereof shall immediately issue a process in ” the case, with as many copies as there are defendants, annex- ing a copy of said affidavit to each process, and copy process, and which process shall be made returnable to the next term of said court after the issuing of the same and shall be exe- cuted and returned into court by the sheriff, his deputy or other proper officer, and when so executed and returned, shall be taken and considered a part of the record in said case. 5. 3. Sec. III. When the said process and copy affidavit, and P* copy process shall issue as aforesaid, they shall be delivered to the sheriff or other proper officer, who shall be bound to exe- cute the same at any time before the sitting of the court, to which the said process may be made returnable, under the same directions and provisions as are pointed out in and by the said judiciary act, passed in the year 1799.” ... 4. Sec. IV. All and every defendant or defendants, when ceeded jin the arrested by virtue of said process, shall be dealt with by the Sarne Ilan Theſ º e º ... officer arresting him, her, or them, in the same manner as would had been ar- rested at the CODAIſlence- ment of the suit 1 * The act of 1799 on subject of bail, see Prin. Dig. p. 208. - JUDICIARY. — 1820. 153 have been done had such defendant or defendants been arrest- ed at the commencement of said action on bail process, and shall be discharged from said arrest in no other manner than he, she, or they could, in case such arrest had been made on bail process, at the commencement of said suit; and all bail, #.". taken according to the directions and under the provisions of ..." " this act, shall be held bound and liable in the same manner he, she, or they would have been bound and liable, had he, she, or they become bail at the time of the commencement of said ac- Plaintiff may proceed as is tion; and the plaintiffor plaintiffs in said action shall be and are ºn e act of hereby authorized to proceed in the same manner against the 1789. defendant or defendants and bail, or either of them, as is point- ed out, in and by said judiciary act, passed in the year 1799." 5. Sec. V. The defendant or defendants so held to bail, in The defend. ant has no manner heretofore pointed out in this act, shall not, by reason right of con- tinuance on thereof, be entitled to any delay or continuance, but the case sº eing held to shall proceed to trial as though bail had been required and * taken at the commencement of the case; and where there are when there o * g re more de- more defendants than one in such suit, some of whom reside ºn one, and re- Out of the county in which such suit is pending, a second origi- ... nal process and copy or copies may issue, returnable to the hºw prºceed- court in the county in which such suit or action is or may be against. pending, which, when served by the sheriff of the county where such defendant or defendants reside, or by other proper officer, the said defendant or defendants shall be subject and liable to the same provisions and restrictions as he, she, or they would have been, had the bail process issued at the commencement of said case. An Act to regulate the mode of prosecuting actions against joint Contractors and Co-partners in certain cases. Passed 18th December, 1820. P. 11. Whereas, doubts have arisen as to the mode of prosecuting actions against joint contractors and copartners, where one or more cannot be found, or reside without the limits of this State, for remedy whereof: Service be- 6. Sec. I. Be it enacted, &c. That from and after the pass. ...” On One Ol” ing of this act, that wherever two or more joint contractors or ..., wº e º * &c. and a re- copartners are sued in the same action, and a service shall be ef- ...º. * * tº º other cannot fected On OIlê Or Iſ)OI’e of the said joint Contractors or copartners, be found, may proceed against those that are served with * The act of 1799 on the subject of bail?see Prin. Dig, p. 208. notice. * 20 154 JUDICIAR.Y. — 1820. Judgment shall bind the co-part- nership and individual property of those that have been served, but not the individual property of those who have not. and the sheriff or other officer Serving the writ shall return that the other defendant or defendants are not to be found, it shall and may be lawful for the plaintiff to proceed to judgment and execution against the defendant or defendants, who are served with process in the same manner as if he, she, or they were the sole defendant or defendants. 7. Sec. Il. Judgment so obtained shall bind, and execution may be levied on the joint or copartnership property, and also the individual property, real or personal of the defendant or de- fendants who have been served with a copy of the process, but shall not bind or be levied on the individual property of the defendant or defendants, who are not served with process. 8. Sec. III. All laws and parts of laws repugnant to this act, be and the same are hereby repealed. An Act, declaratory of the fifty-third section” of an Act, enti- tled an Act to amend an Act, entitled an Act to revise and amend the Judiciary of this State, passed 16th February, 1799. This act passed 21st December, 1820. P. 78. Whereas, the said recited section is in the words following, to wit: That the superior courts in the several counties shall exercise the powers of a court of equity, in all cases where a common law remedy is not adequate to compel the parties in any cause to discover on oath all requisite points necessary to the investigation of truth and justice, to discover transactions between copartners and coexecutors, to compel distribution of intestate estates, and payment of legacies, to discover fraudu- lent transactions for the benefit of creditors, and the proceed- ings in all such cases shall be by bill, and such other proceedings as are usual in such cases, until the setting down of the cause for trial; and the courts shall order the proceedings in such manner as that the same shall be ready for trial at farthest at the third term from the filing such bill inclusive, unless very special cause be shown to induce the court to continue the same, which shall not extend to more than four terms; and all such bills shall be read and sanctioned by one of the judges, and a copy thereof served on the opposite party at least thirty days before the filing such bill in court; and the party against whom such bill shall be filed, shall appear and answer to the same at the next court; and if he, she, or they should ſail to do º * This 53d section may be seen in Prin. Dig, p. 218. JUDICIARY. —1821. 155 So, the facts in the said bill shall be taken pro confesso, and the Court may proceed to decree as to justice shall appertain. And whereas, under the construction of the said recited sec- tion, the equity side of the court hath drawn to itself exclusively all cognizance of the cases in said section enumerated, even when such cases depend upon aliunde proof, to the manifest embarrassment of justice in many cases, to the injury of the good citizens of this State, for remedy whereof: 9. Sec. I. Be it enacted, &c. That from and after the pass. ..." ing of this act, whenever in any of the cases enumerated in the ..." before recited section, a plaintiff or complainant shall conceive ..." that he, she, or they can establish his, her, or their claim with- out resorting to the conscience of the defendant, it shall and may be lawful for every such plaintiff or complainant to insti- tute his, her, or their action upon the common law side of the court, and shall not be held to proceed with the forms of equity; any law or usage to the contrary notwithstanding, 10. Sec. II. All parties in any of the cases mentioned in Either party may, during the before recited section, after the commencement of the ac- tº: º º º º of the suit, file tion at common law, may, during the progress of said suit, file ji; - tº º - - e g Sti- his or their bill for the discovery of testimony, in aid or defence mony. of his, her or their common law action, in all cases where the same may be necessary. An Act to alter and amend so much of the thirty-second section* of the Judiciary, passed sixteenth February, seventeen hun- dred and ninety-nine, as respects claims of Property in the Superior and Inferior Courts of this State.f This act passed 15th December, 1821. P. 27. Whereas, various constructions have been given in the dif- ferent courts of this State, as it regards claims of property, which tend to the manifest injury of the community, and frequently produce not only injustice to plaintiffs in execution, but evi- dently oppress and harass them by delays of justice. * 11. Sec. I. Be it enacted, &c. That when any sheriff or property be ing claimed, coroner shall levy an execution on property claimed by any tº ie ing officer to person, not a party to said execution, such person shall make ºne the further exe- oath to said property, and it shall be the duty of such sheriff or ºil ſhe Inext court, coroner to postpone the sale or future execution of the judgment * See this section Prin. Dig. p. 213. f See forms for this law, Appendix, title Forms. j 56 JUDICIARY.—1821. Proviso. Real proper- ty claimed, what must be done. The court to cause the right of pro- perty to be tried at the first term, unless spe- cial showing be made. The person claiming must give bond and security in double the amount of the property. The condi- tion, Additional oath to the jury. until the next term of the court from which said execution issued: Provided, the said execution is or should be levied on personal property; but should said execution be levied on real property, and the same should be claimed in manner aforesaid, then, and in that case, it shall be the duty of the officer making the levy upon real property, to report the same together with the execution and claim to the next term of the superior court of the county in which the land so levied on shall lie; and the court to which such claim shall be reported, shall cause the right of property to be decided on by a jury at the first term, unless special cause be shown to induce the said court to con- tinue the case for one term and no longer: Provided, the per- son claiming such property, or his agent or attorney, shall give bond to the sheriff or coroner, as the case may be, with good and sufficient security in a sum equal to double the amount of the property levied on, at a reasonable valuation, to be judged of by the levying officer, conditioned to pay the plaintiff all da- mages which the jury on the trial of the right of property may assess against him, in case it should appear, that said claim was made for the purpose of delay, and every juror on the trial of a claim of property, either real or personal, shall be sworn, in ad- dition to the oath usually administered, to give such damages not less than ten per cent, as may seem reasonable and just to the plaintiff against the claimant, in case it shall be sufficiently shown that said claim was made for delay only ; and it shall be lawful for such jury to give verdict in manner aforesaid, by virtue whereof, judgment may be entered up against such claimant, and his security or securities, for the damages so Burthen of proof on plaintiff, in execution where the property is not in posses- gion of the defendant. Claimant not to withdraw his claim more than once without the consent of the plain- tiff. Appeal may be entered. assessed by the jury, and the costs of the trial of the right of property. And provided also, that the burthen of proof shall lie upon the plaintiff in execution, in cases where the property levied on is, at the time of such levy, not in the possession of the defendant in execution. 12. Sec. II. Whenever such claim of property may be made in terms of the act, the person claiming property levied on and returned to the proper court by said sheriff or coroner, shall not be permitted to withdraw or discontinue his said claim more than once, without the consent and approbation of the plaintiff in execution, or some person duly authorized to repre- Sent such plaintiff, but said court shall proceed to the trial of said claim of property in manner aforesaid, and it shall be the duty of the jury to award damages accordingly: And provided further, that either party who may be dissatisfied with the ver- dict of said jury, may enter his, her or their appeal to a special JUDICIARY. — 1821. 157 jury in the superior court of the county where said trial shall have been had, which appeal shall be subject to the same rules and regulations as govern appeals in ordinary cases. r 13. Sec. III. So much of said thirty-second section of the judiciary act of seventeen hundred and ninety-nine as regards claims of property which may militate against this act, be and the same is hereby repealed.* An Act the more effectually to quiet and protect the possession of Personal Property, and to prevent taking possession thereof by fraud or violence.f Passed 25th December, 1821. P. 60. [See acts of 1830. P. 118, amending this act so far as the cost of the officers in carrying this law into effect. See also note in page 247 of this work.] Whereas, a practice hath been followed by some persons having or laying claims to negroes and other personal property, to take or convey away the same by violence, seduction, or other means, or to harbour, or otherwise take, or cause the same to be taken, out of the possession of the adverse claimant without due course of law, and oftentimes to remove the same out of the State, to the great injury of the true owner; and whereas, manifest injustice and many serious mischiefs may arise from such a practice, which is productive of frauds, violence, quar- rels, and bloodshed: 14. Sec. 1. Be it enacted, &c. That upon complaint made ºratiºn of the posses- on oath by the person injured, his agent, or attorney, to any lº- sonal pro- judge of the superior orjustice of the inferior court, or any jus- ºr tice of the peace, that any negro or negroes, or other personal chattel, have been taken, enticed, or carried away by fraud, violence, seduction, or other means, from the possession of such deponent, or that such negroes or other personal chattels, hav- ing been recently in the quiet and legally and peaceably ac- quired possession of such deponent, have absconded or disap- peared without his or her consent, and as he or she believes have been harboured, received, or taken possession of, by any person, or persons, under some pretended claim or claims, and without lawful warrant or authority, and that the said depo- ment, or the person for whom he is agent or attorney bona ſide, claims a title to, or interest in the said negroes or other chattels, # * See the acts this amends in Prin. Dig. p. 213. 224. # See: forms for this law, Appendix, title Forms, 158 JUDICIARY. — 1821. The party taking out the warrant InuSt enter into a recog- misance with security in double the value of the property. When he Cannot Or l'é- fuses to give security, the opposite par- ty may give such security, and take possession of the property, at the discre- tion of the judge or jus- tice. If the defen- dant refuses to give up the property he may be imprisoned until it be forthcoming. Proviso, or the possession thereof, it shall be the duty of said judge or justice to issue a warrant as well for the apprehension of the party so seizing, taking, enticing, receiving, harbouring, obtain- ing or having possession of such negroes or other chattels, as for the seizure of such negroes or other chattels themselves; and upon the return of such warrant, the judge or justice shall hear evidence as to the question of possession in a summary way, and cause the said negroes or other chattels to be delivered over to the party from whose possession the same were violently or fraudulently taken or enticed away, or from whom the same absconded, or in whose peaceable possession they last were: Provided, such party shall before such judge or justice enter into a recognisance, with good and sufficient security in double the amount of the value of such negroes, or other per- Sonal property, and the hire claimed, if any, to cause the said negroes to be produced and forthcoming to answer any judg- ment, execution or decree, that may be had, issued, or made upon such suit or action at law or in equity, as the opposite party may commence or prosecute within the next four years, touching the same ; and such recognisance shall be returned by said judge or justice to the next superior court of the county where the same is taken, to be transmitted to the court where such suit or action may be commenced; and the securities upon such recognisance shall be bound and liable for the eventual condemnation money, and execution shall issue against them in the same manner as against Securities on ap- peals. Provided also, that when the party taking out the war- rant shall refuse or be unable to give such security, then the judge or justice may in his discretion deliver over such negroes or other personal property to the opposite party, upon their en- tering into a like recognisance, with security of the same na- ture and effect, and to be disposed of in the same manner. And, if upon the return of the warrant, it shall appear that the ne- groes or other personal property, are in the possession, power, custody, or control of the defendant, or any agent or friend of his, or acting for, or intrusted with them for him, and the said defendant doth not produce, or cause to be forthcoming, the said negroes or other personal property, to be dealt with as this law directs, the said defendant shall be committed to jail, there to remain in safe and close custody, without bail or mainprize, until the said negroes or other personal property, shall be pro- duced or forthcoming, to be disposed of as aforesaid. Provided always, that no person or persons shall be so committed for re- fusing to produce, or cause to be forthcoming, any negro or JUDICIARY.—1821. 1.59 other personal chattel, which he, she, or they shall satisfactorily prove to have been in his or her quiet and peaceable possession for four years, next immediately preceding the passing of this act, or next immediately preceding the issuing of the warrant. 15. Sec. II. When any person who is about to commence an action or suit at law or in equity for the recovery of negroes or other personal property, such person, his agent or attorney, shall make affidavit that he hath reason to apprehend that the said negroes or other personal property have been or will be eloigned or removed away, or will not be forthcoming to an- swer the judgment, execution, or decree, that shall be made in the case; and shall also state on his affidavit the value of the same, and the amount of hire claimed, if any, and add, that he, she, or they, do verily and bona fide claim the said negroes or other personal property, or some valuable interest therein; a copy of such affidavit shall be annexed to the petition, bill, or other process, and the original affidavit filed in the court whence such process issues; and it shall be the duty of the sheriff, his deputy, or other lawful officer serving such petition, bill, or other process, to take a recognisance, with good securi- ty, in double the amount sworn to for the forthcoming of such negroes or other personal property, to answer such judgment, execution, or decree, as may be issued or rendered in the case, and such security shall be bound for the payment of the even- tual condemnation money, and liable to execution in the same manner as securities upon appeals. And when such affidavit shall be made during the pendency of any process, a copy thereof, and of the process or subpoena, shall be served in like manner by the sheriff or his deputy, or other lawful officer, and the like security taken ; and upon the defendant refusing to give such security, the property shall be seized and taken by the sheriff, or other lawful officer, and delivered over to the plaintiff or complainant, his agent or attorney entering into a like recognisance, with Security ; and if such property is not produced or forthcoming, to be so seized and taken by such sheriff, or other lawful officer, the defendant or defendants shall be committed to jail, to be keptin.safe and close custody, until the same is produced, or until he, she or they shall enter security for the eventual condemnation money, in the nature of Security upon appeal. Any person commencing an action for the recovery of personal property, may have the property taken, and the person, in whose pos- session it may be found, arrest- ed to await the event of the trial or suit. When the affidavit is made pend- the progress of the suit, what must be done. If the de- fendant re- fuses to cause the property to be forth- coming, he must be im- prisoned, &c. 160 JUDIci ARY.--1821, 1822. An Act to compel the Judges of the Superior Courts of this State to convene at the seat of government in this State, once in each year, for the purpose of establishing uniform rules of practice, throughout this State.—Passed 24th December, 1821. P. 77. The judges 16. Sec. 1. Be it enacted, &c. That from and after the next of the supe- periº, election of judges of the superior courts of this State,” that it to convene at Mº" shall be the duty of the said several judges to convene at the ;...tº seat of government of this State, once in each year, at such a ** time as they, or a majority of them, may appoint, for the pur- pose of establishing uniform rules of practice throughout the several circuits of this State, and it shall be the duty of the judges so convened, to notify such of the judges who may be absent, of such rules or alterations of rules, as may be esta- blished as aforesaid. An Act to authorize parties plaintiffs to issue Summons of Gar- nishment in certain cases, as in cases of Attachment.f-Passed 23d December, 1822. P. 53. Parties 17. Sec. I. Be it enacted, &c. That in all cases pending in plaintiffs e & g iny issue any court in this State, or which may be hereafter commenced, ºr it shall and may be lawful for the plaintiff or his attorney to how,and in issue a summons of garnishment, to be directed to any person what cases. * or persons who may be indebted to the defendant, or who may have any money, effects, property, either real or personal, or any bonds, notes or other evidences of debt whatsoever, in his, her or their hands, belonging to said defendant or defendants, requiring said persons to be and appear at the next term of the court in which said suit or suits may be pending, then and there depose on oath what he, she or they is or are indebted to the said defendant or defendants, and what money, effects, property, either real or personal, or evidences of debt, belong- ing to said defendant or defendants, is or was in their hands or Plaintiff to possession at the time the summons was served: Provided, the mitke an afti- davit of the plaintiff, or his agent or attorney, shall, before issuing said sum- amount of his debt, &c. mons, make an affidavit of the amount of the debt or demand which he, she, or they believe to be due, and that he is appre- * The next election of judges of superior court after the passage of this law, was in 1822. # See forms for this law, Appendix, title Forms.-See sections 33, 34 and 35, and acts of 1830, p. 62, amendatory of this act. JUDICIARY.-1822. 161 hensive of the loss of the same or some part thereof, unless such summons do issue, and shall file the same in the office of the clerk of the court where the suit is pending, or with the justice of the peace, when within his jurisdiction. 4. 18. Sec. II. In all cases where judgment has heretofore jº. been obtained, or may be hereafter obtained, it shall and may ºr * be lawful for the plaintiff or his agent or attorney to issue sum- * To be filed in the clerk’s office. Summons of mons of garnishment, returnable to the superior, inferior, or jus- tices’ court, as the case may be, to be directed and requiring the garnishee to depose in like manner as in the preceding sec- tion: Provided, That the plaintiff, or his agent, or attorney, shall, Proviso. if required by the defendant or garnishee, or by any plaintiff holding a younger judgment or execution, or his attorney, swear that he believes the sum apparently due and claimed on said judgment or execution, is actually due. And provided fur- jºherpro. ther, that the sheriff, or his deputy, or constable shall enter on " the said execution that there is no property of the defendant to be found. - - 19. Sec. III. The said summons where the same is returna- ble to the superior or inferior courts, shall be signed and served by the sheriff or his deputy on the garnishee personally, twenty days before the court to which he is directed to appear; and when returnable to the justices’ court, shall be signed and served by a constable on the garnishee personally, ten days before the court to which he is directed to appear. 20. Sec. IV. When any person shall fail to appear and de- pose, on being summoned as a garnishee, the court on applica- tion shall proceed against him by attachment for contempt, and when any person shall appear and depose, the after pro- ceedings shall be as in cases of attachment: Provided, That any garnishee deposing and admitting that he is indebted to the defendant, or has in his hands and possession a sufficient amount to pay the plaintiff's demand, shall be deemed a com- pliance with this act. If returnable to the superi- or court, must be served by the sheriff 20 days before court; and if to a justice's court, must be served 10 days before court by a constable. If garnishee ſail to appear and answer, what may be done. Proviso. 21. Sec. V. When any money shall be paid into court, or Money raised shall be raised by the sheriff or his deputy, or by a constable under this act, the same shall be paid over to judgments or ex- ecutions against the defendant as in other cases according to the priority established by law. - 22. Sec. VI. This act shall extend to proceedings in the mayor's court in the city of Augusta and Darien, and the court of common pleas and oyer and terminer in the city of Savan- mah, and the summons shall be signed and served by the city by virtue of this act, must be paid to judgments, Ce This act shall extend to the courts of Au- gusta, Da- rien and Sa- vannah 21 162 JUDICIARY. — 1822. sheriff, or marshal, or his deputy, on the garnishee personally, ten days before the court to which said garnishee is directed to fºr appear: And provided also, That the benefits of this act shall .* be extended to plaintiff’s in any suit or judgment which may be pending or rendered in any court hereafter established by the legislature in any corporate town in this State. An Act to amend the twenty-sixth section” of the Judiciary Act, passed the sixteenth day of December, seventeen hundred and ninety-nine: and also to prevent a fraudulent enforcement of Dormant Judgments.f Passed December 19th, 1822. P. 55. A contrariety of decisions having taken place in the different circuits in this State, as to the time when the property of the party against whom a judgment is entered up shall be bound, and dormant judgments by being collusively kept open, or made the instruments of fraud on innocent purchasers, and often operate oppressively on vigilant and bona fide creditors: How and 23. Sec. I. Be it enacted, &c. That from and after the pass- when the jº ing of this act, all the property of the party against whom a 3.” verdict shall be entered and a judgment signed thereon, in con- formity to the provisions of the twenty-sixth section of said act of one thousand seven hundred and ninety-nine, shall be bound from the signing of the first judgment in cases where no appeal is entered; but in cases where an appeal is entered from the first verdict, the property of the party against whom the verdict is rendered shall not be bound except from the signing of the judgment on the appeal, except so far as to prevent the aliena- tion by the party of his, her or their property between the sign- ing of the first judgment and the signing of the judgment on the appeal. . All judg- 24. Sec. II. All judgments signed on verdicts rendered at ments ob- ºned at the the same term of the court, be considered, held, and taken to be same term of ..º. of equal date, and no execution founded on said judgments ob- equal validi- ty. y tained at the same term as aforesaid, shall be entitled to any preference by reason of being first placed in the hands of the officer. What pro- 25. Sec. Ill. No judgment shall be enforced by the sale of łºśń any real or personal estate, which the defendant may have not take. * This section may be seen in Prin. Dig. p. 211. # See this amendatory act, sec. 38, 39, and 40. JUDICIAR.Y.—1822. 163 sold and conveyed to a purchaser for a valuable consideration, and without actual notice of such judgment: Provided, such Proviso. purchaser, or those claiming under him by such sale and conveyance as aforesaid, shall, by virtue of such sale and con- veyance, have been in peaceable possession of such real estate seven years, and of such personal estate four years before the levy shall have been made thereon. , An Act authorizing the certificates of Notaries Public to be re- ceived as evidence in certain cases—Passed 21st December, 1822. P. 56. * - 26. Sec. 1. Be it enacted, &c. That from and after the pas certainst and protests Sage of this act, the certificates, protests, and other acts of pub- ºries public receiv- lic notaries, under the hand and seal of such notary, in relation º to the non-acceptance of any bill of exchange, draft, or other order, made for the payment of money or other thing, and also in relation to the non-payment of any bill of exchange, draft, order, bond, or note, for the payment of money or other thing, where such certificates, probates, or other acts are required by by law, shall be deemed and received by the several courts of law and equity in this State as sufficient prima facie or pre- sumptive evidence of the facts therein stated, without any fur- ther or other proof: Provided always, That nothing in this act ... contained, shall prevent either party from having the benefit of ..." the testimony of such notary should they deem it necessary: And provided also, That the party relying on such notarial act, shall at the first term file in the court, either a copy or the original of such protest or other act. An Act to prevent Sheriffs, Coroners, Constables, town and city Marshals, and all other officers in this State from retaining costs on younger judgments, to the prejudice of the rights of older judgment creditors.-Passed 19th December, 1822. P. 84. 27. Sec. 1. Be it enacted, &c. That when any sheriff, coro- Not to retain COStS OIl mer, constable, town or city marshal, or other officer of this yºginº. ments to the - State has several executions in his hands at the same time, Rºjº.º. old ones, only against the same defendant, it shall not be lawful for such offi- ſº costs, when cer to detain the cost on any younger judgment, to the preju- ...f dice of those of older date, except in a case where a younger ...” judgment creditor shall, previous to older ones, point out pro-" *. perty to the officer, then it may and shall be lawful for the offi. 164 JUDICIARY. —1823. Damages on protested bills of ex- change. cer to retain the levy and advertising costs, and no more, on such younger judgments. An Act concerning Bills of Exchange.—Passed 19th Decem- ber, 1823. P. 82. 28. Sec. I. Be it enacted, &c. Whenever any bill of ex- change, hereafter to be drawn or negotiated within this State, upon any person or persons of or in any State, territory, or dis- trict of the United States, shall be returned unpaid, and shall have been duly protested for non-payment, in the manner usual in cases of foreign bills of exchange, the person or persons, to whom the same shall or may be payable, shall be entitled to re- cover and receive of and from the drawer or drawers, or the en- dorser or endorsers of such bill of exchange, five per cent.* dama- ges over and above the principal sum for which said bill of ex- change shall have been drawn, together with lawful interest on the aggregate amount of such principal sum, from the time at which notice of such protest shall have been given, and the payment of the said principal sum and damages shall have been demanded. An Act more effectually to protect the interest of parties plain- tiffs in suits commenced against joint obligors or promisors.- Passed 19th December, 1823. P. 83. 29. Sec. l. Be it enacted, &c. That in all cases which may be hereafter commenced against joint obligors or promis- ors, and any one or more of the parties defendants, may plead infancy, and such plea be sustained, the action shall not as heretofore abate, but the court shall award judgment as in cases of non-suit, in favour of the party or parties so pleading, and permit the plaintiff to proceed against the other defendant to said suit without further delay or costs. One or more of parties defendant, leading in- ancy, and the plea sustained, may progress against the other de- fendant, * But see sec. 58, 59, and 60 JUDICIARY. —1823.−1806. An Act to regulate the mode of taking testimony by commission and de bene esse within this State, and to alter and amend the several laws relating thereto.” Passed 20th December, 1823. P. 83. * 30. Sec. I. Be it enacted, &c. That the act, entitled an act the more effectually to insure the testimony of witnesses going beyond seas, or removing without the jurisdiction of..the State, and aged and infirm persons, passed the eighth day of Decem- ber, eighteen hundred and six, be and the same is hereby re- enacted and declared to be operative and effectual in all cases pending, or which may be brought in the several courts of this State.f 31. Sec. II. In all cases which are or shall be pending in any of the courts of this State, where any one person is the only witness to any material fact in any case, it shall and may be lawful to examine such witness de bene esse, on complying with the provisions of the aforesaid act, in so far as the same are applicable to such case, and that the examination so taken shall be read in evidence in such cause, on the terms and under the restretions specified in the said act. An Act more effectually to ensure the testimony of witnesses going beyond seas, or removing without the jurisdiction of this State, and aged and infirm persons.[−This act passed 8th Decem- ber, 1806. Clayton's Digest, p. 323. Whereas, no provision is made by the laws of this State for taking the examination of witnesses going beyond the seas, or removing without the jurisdiction of this State, or who from in- firmity may be unable to attend the court, in suits or actions there pending, by which serious injuries result to the citizens thereof. 32. Sec. 1. Be it enacted, &c. That in case either plain- tiff or defendant may deem any witness or witnesses material, in any cause or causes pending in any of the courts of law of this State, and who are going beyond the seas, removing with- out the jurisdiction of the State aforesaid, or from age or other bodily infirmity, may be unable personally to attend the said The act of 1806 re- enacted. Witnesses may be ex- amined de bene esse. –-m-m-sº * See forms for this law, Appendix, title Forms. # The next act is the one alluded to. f This act had been repealed, but re-enacted by the act of 20th December, 1823, which is the preceding act How to ob- tain the tes- timony of witnesses going beyond the seas, removing without the state, and aged and infirm per- SOIlS, 166 JUDICIARY. —–1823. Adverse par- ty must have three days' motice for every 20 miles he may be from the place of ex- amination. Proviso. court, application by petition to the judge of the superior court, if the action is there pending, or in his absence to one or more of the justices of the inferior court, stating the grounds for such application, to which the party so applying shall annex an affi. davit, stating the materiality of the witness or witnesses, that he, she, or they are removing without the jurisdiction of the State aforesaid, or going beyond seas, or from age or bodily in- firmity, are unable to attend court, and that he cannot safely proceed to trial without such testimony; and it shall be the duty of the judge, justice or justices to grant the prayer of the petitioner, and fix a day on which he or they will attend to receive and to take the examination of such witness or wit. nesses, and when he or they shall have so taken and received the testimony aforesaid, the same shall be sealed up and di- rected to the clerk of that court, in which the suit or action may be then pending: Provided always, That the adverse Party have at least three days notice for every twenty miles he, she, or they may reside from the place of taking such exami- nation: And provided also, That in case the person or per- sons, whose testimony have been taken, return or be able to attend such court, that then, and in that case, such written tes- timony shall not be received or read. An Act to amend an Act, entitled “An Act to authorize parties Plaintiffs to issue summons of Garnishment in certain cases, as in cases of Attachment, passed December twenty-third, eigh- teen hundred and twenty-two.” This act passed 20th Decem- ber, 1823. P. 85. 33. Sec. 1. Be it enacted, &c. That when parties plaintiffs, their agents or attorneys, intending to avail themselves of the benefit of the above recited act, shall file his, her, or their affi- davit of the amount of his, her, or their debt or demand in the office of the clerk of the court, or justice of the peace in which the suit or suits is or are pending, or in which the judgment or execution was obtained on which garnishments are intended to issue, it ‘shall be the duty of the clerk of such court, or such justice of the peace, as the case may be, to deliver to such plaintiffs, their agents or attorneys, a certified copy of such affidavit, which when placed in the hands of the sheriff, or his deputy, or a constable, in case such certified copy be What must be done be- fore a sum- mons of garnishment shall issue. * See this act amended by acts of 1830, p. 62, on the subject of garnishee's return, making up issue; and entering up judgment, &c. JUDICIAR.Y. —–1823. 167 signed by a justice of the peace, shall be sufficient to authorize said sheriff, deputy sheriff, or constable, and they are hereby required forthwith to make out, sign and serve a summons of garnishment on any person or persons who may be indebted to the defendant or defendants in such suit, judgment or execu- tion: Provided, that the person or persons intended to be gar- nished reside in the county in which such suit or suits is or are pending, or in which such judgment or execution is ob- tained. 34. Sec. II. That when persons indebted to a defendant or defendants, in any suit pending or judgment or execution ob- tained in any of the courts of law or equity in this State, reside in a different county from the one in which such suit is pending, or such judgment or execution is obtained, the parties plaintiffs, their agent, or attorneys, shall make and file his, her, or their affidavits of the amount claimed to be due in the office of the clerk of the court, or justice of the peace where such suit is pending, or such judgment or execution is obtained, and it shall be the duty of such clerk or justice of the peace to deliver to such plaintiff, his agent or attorney a certified copy of said affi- davit, which shall be placed in the hands of the sheriff, deputy sheriff, or constable, as the case may be, of the county in which the person or persons so indebted and intended to be garnished may reside; and such sheriff, deputy sheriff, or constable shall forthwith make out, sign and serve a summons of garnishment on the person or persons so indebted, returnable to the next su- perior, or inferior, or justices’ court of the county or district in which such garnishee may reside, under the restrictions and in the manner pointed out in the before recited act: Provided al- ways, that such garnishment shall be made returnable to a superior, inferior, or justices’ court, as it would have been had such garnishee resided in the county in which the suit is pend- ing, or the judgment or execution was obtained, on which such summons of garnishment is founded; and any person or per- sons so garnished, shall appear at the court to which such sum- mons of garnishment is returnable, agreeably to the provisions of the before recited act. - 35. Sec. III. All persons duly summoned as garnishees under this act, or the one to which it is an amendment, shall be bound If the gar- mishee reside in the county where the suit is pend- ing, or where the judgment ... was obtained. If he reside out of the county, what must be done. Proviso. Garnishees bound to an- swer at the court to to make their returns at the term to which such summons of which the garnishment shall be returnable: Provided, that in all cases where summons of garnishment shall issue, it shall be lawful for the defendants to dissolve said garnishment by giving bond and Security for eventual condemnation money and cost of suit summons is returnable. Summons of garnishment may be dis-, solved by giving secu- rity. 168 JUDICIARY-1823. Applicant must give bond and se- curity, as in cases of at- tachment. Certain do- Cuments re- ceived as evi- dence in courts of jus- tice. Proviso. to the plaintiff, his agent or attorney: And provided also, that in all cases the applicant for summons of garnishment, his, her, or their agent or attorney at law shall give bond and security as in cases of attachment. 36. Sec. TV. All laws and parts of laws, so far as they militate against this act, be and the same are hereby repealed. An Act for the admission of certain documents therein mentioned as evidence in the several Courts of this State. Passed 26th December, 1823. P. 87. 37. Sec. I. - Be it enacted, &c. That from and after the pass- ing of this act, all deeds of conveyance, mortgages, and other instruments of writing heretofore proved by a subscribing wit- ness or witnesses to the same, before any judge of the superior court, assistant justice, justice of the inferior court, or justice of the peace, shall, if the witness or witnesses proving the same has not subscribed his, her, or their name or names to the pro- bate or affidavit made before such judge of the superior court, assistant justice, justices of the inferior court, or justice of the peace, of the execution of such deed of conveyance, mortgage, or other instrument of writing, and which shall have been duly recorded, be held, deemed, and considered as legal and valid to all intents and purposes, and admitted in evidence in any court of law and equity in this State, as if the said probate or affidavit had been subscribed by the witness or witnesses prov- ing the same, any law, custom, or usage to the contrary not- withstanding: Provided, that nothing in this act shall be con- strued to divest or in any manner to affect any right which may have been vested or accrued by the passing of this act. An Act to amend the third section of an Act, passed the nine- teenth day of December, eighteen hundred and twenty-two, entitled an Act to amend the twenty-sixth section of the Judi- ciary Act, passed the sixteenth day of December, seventeen hundred and ninety-nine, and also to prevent a fraudulent en- forcement of Dormant Judgments.” This act passed 22d December, 1823. P. 91. 38. Sec. I. Be it enacted, &c. That all judgments that have been obtained since the said nineteenth day of December, How long judgments may bind property. * See this amended act, sec. 23, 24, and 25. JUDICIARY.—1824, 1825. 169 eighteen hundred and twenty-two, and all judgments that may be hereafter rendered in any of the courts of this State, on which no execution shall be sued out, or on which executions, if sued out, no return shall be made by the proper officer for executing and returning the same, within seven years from the date of the judgment, shall be void and of no effect: Provided, that nothing lºts in this act contained, shall prevent the plaintiff or plaintiffs in º, such judgments, from reviving the same after the expiration of .” " the said seven years, in cases where by law he or they would be otherwise entitled so to do, but the lien of such revived judgments on the property of the defendants thereto, shall ope- rate only from the time of such revival. 39. Sec. Il. When any judgment or execution has been Certain judg: ments, which declared void and of no effect, by the construction given by any ºve been de- of the courts to the said third section of said act, the said judg-sºº, ment and execution, so declared void and of no effect, shall and ..." " is hereby declared to be in as full force and effect, as though the said act had not been passed. 40. Sec. III. That the said third section of the act passed on the nineteenth day of December, eighteen hundred and twenty-two, be, and the same are hereby repealed. An Act to provide for the trial of claims of Slaves levied on wnder eacecution. Passed 7th December, 1824. P. 126. 41. Sec. I. Be it enacted, &c. That in all cases where a writ claims tº negroes in a of execution from a justice's court shall have been levied on Jºliº's court to be one or more slaves, and a claim to such slaves shall have been fººd interposed according to the laws in force for the time being, ... the such execution and claim shall be returned to the next term ...” of the superior or inferior court, which ever may first happen of the county in which such execution was issued, and shall be there tried in the same manner as other claims which by law are or shall be returnable to those courts respectively. An Act to make valid, binding, and legal, all Bonds given in this State by Administrators and Guardians, payable to the Court of Ordinary, members of the Inferior Court, Judges of the Infe- rior Court, Justices of the Court of Ordinary, and Justices of the Inferior Court sitting for ordinary purposes, in any County in this State.——Passed 17th December, 1825. P. 73. 42. Sec. I. Be it enacted, &c. That all bonds and other certain bonds made instruments in writing heretofore given in order to secure the valid. 22 170 JUDICIARY.—1826. ſaithful administration of any testate or intestate's estate, or executors or the guardianship of the person and property, or the person or property of any minor or minors, or insane person or persons, orphan or orphans, made payable to the court of ordinary, justices of the court of ordinary, members of the court of ordinary, members of the imferior court, judges of the court ordinary, judges of the inferior court, justices of the inferior court sitting for ordinary purposes, in any county in this State, not heretofore the subjects of adjudication, or not now under adjudication before any judicial tribunal having competent authority, be, and the said bonds and instruments so given as aforesaid are declared binding, legal, and valid in any court of law and equity in this State having cognizance of the same, against such administrator or administrators or executors, guardian or guardians, and his or their security or securities, and that in all cases not adjudicated as aforesaid, the said courts, justices, members or judges shall be held, deemed and considered legal obligees to such bonds. An Act to define the liability of Endorsers of Promissory Notes, and other instruments, and to place them upon the same footing with Securities.—Passed 26th December, 1826. P. 38. Hººf 43. Sec. I. Be it enacted, &c. That from and after the passing of this act, that the practice heretofore required of making a demand of the makers of promissory notes and other instruments, for the payment and performance of the same, and their giving notice of such demand within a reasonable time to the endorsers of said promissory notes and other instruments, shall cease and become entirely unnecessary to bind said endorsers, and that whenever any person whatever endorses a promissory note or other instrument, he shall be held, taken, and considered as security to the same, and be in all respects bound as security, until said promissory note or other instru- ment is paid off and discharged, and shall be liable to be sued in the same manner and in the same action with the principal or maker of said promissory notes or other instruments; any i..." law, practice, or usage to the contrary notwithstanding: Pro- ... vided always, that nothing herein contained, shall extend to any any charter- ...'..." promissory notes which shall be given for the purpose of nego- tiation, or intended to be negotiated at any chartered bank, or which may be deposited in any chartered bank for collection : And provided also, that nothing contained in this act, shall be JUDICIARY.-1826. 171 construed as to prevent the endorsee from defining his liability . in the endorsement. his liability. e End & 44. Sec. II. Any security or endorser may, whenever he jº thinks proper, after the note or instrument become due, require ... note to col- the holder to proceed to collect the same, and if he should not ...". proceed to do so within three months, the endorser or security ...** months after shall be no longer liable. it falls due, the endorser not liable. An Act to define the liability of Securities on appeal, or stay of execution, and for the protection of bail on recognisance, bond, note, or other contract.—Passed 20th December, 1826. P. 99. 45. Sec. I. Be it enacted, &c. That in all cases where any ...” appeal, or person or persons hath heretofore entered himself as security ... cution, pay- on appeal, or for stay of execution in any case in any court in ...". same, may have the con- this State, and may subsequently thereto have paid off and ... proceed discharged the execution issuing in such case, it shall and may ... his be lawful for such security to apply to the sheriff, clerk, con." stable, marshal, or attorney, to whom such payment may be made, and procure an entry or certificate to be made, on such execution, that the same was paid by the security, and such security shall thereupon be entitled to the use and control of such execution, for the purpose of proceeding against his prin- cipal. 46. Sec. II. In all cases of appeal where security hath Judgment to be entered been given, and hereafter given, and hereafter to be tried, it ºf the security shall and may be lawful for the plaintiff or his attorney to enter gº up judgment against the principal and the security, jointly or ...a severally, and execution shall issue accordingly, and proceed “” against either or both at the option of the plaintiff, until he is satisfied: Provided nevertheless, if the execution against the Proviso. security or securities be first paid by him or them, then the execution against the principal shall still be of force, and under the control of the security or securities until the same be satis- fied by said principal. 47. Sec. III. Where security shall have been given, or sºlº shall issue may hereafter be given for the stay of an execution after judg- ºgº security on ment, execution shall issue as in cases of appeal, against the ...” cution as well as the principal and security jointly or severally, and proceed and be . controlled in like manner. 48. Sec. IV. Where any person or persons hath hereto- i.” recogni- fore, or shall hereafter become bail on recognisance, or security ...” &c. may on bond, note, or other contract, and shall be sued thereon, it ...e. shall and may be lawful for such bail or security, on the trial 172 JUDICIARY. —1826. ... of such case, to make special defence, and in case it should only a securi- º." appear to the court that one or more of the defendants is or are shall be en- i. securities only, and not interested in the consideration of the ingly, and on ;" contract sued on, then and in such case verdict and judgment have control *i. shall be entered accordingly, and further proceedings had and ment, &c. to g tº tº º e * { ºate privileges exercised as hereinbefore prescribed in behalf of other securities: Provided, the plaintiff shall in no case be delayed by any dispute which may arise between the defend- ants, but the court shall decide the issues, and the verdict which may have been finally rendered on the issues between the defendants, shall relate back to the time of the verdict and judgment in favour of the plaintiff. jºy. 49. Sec. V. In all cases in which any person or persons º; hath heretofore become security in the manner herein before *P* specified, and judgment has been rendered against him or them, and execution has been issued accordingly, in which they may be able to show that he or they were security only, and as such hath or have paid off and discharged such execu- tion, such security or securities shall have the benefit thereof and power to control the same for the purpose of indemnifying himself or themselves out of the property of the principal. Ira security 50. Sec. VI. Where any security to any note, bond, or subscribe his j, obligation, shall subscribe himself as security, such statement sufficient ev- * g g * jihat appended to his name on said note, bond, or obligation, shall fact before tº tº ſe e the court be held and taken as good evidence of his being such security, and the plaintiffshall sue out original and mesne process against him accordingly. An Act to admit certain Deeds to record, and authorize the same, or copies thereof, to be read in evidence, and also the copies of certain other Deeds.”—Passed 23d December, 1826. P. 103 jº. ". Sec. I. Be it enacted, &c. That from and after the led to reºra, passing of this act, all deeds for lands which may have been recorded upon the lawful affidavits of two or more subscribing witnesses, or by being subscribed and witnessed by one or more witnesses and a notary public, judge of the superior court, jus- tice of the inferior court, or justice of the peace, but not recorded within the time prescribed by the laws of this State, shall be and made admitted in evidence without further proof; and where the evidence in COurt, originals are lost or destroyed, and that being made judicially f * See 3rc 61 to 68, amendatory of this act. JUDICIARY.--1826. 173 known to the court, copies of the same may be introduced and read in evidence on any trial before any court of law or equity in this State. 52. Sec. II. All deeds executed and proved according to ..." the laws of this State, but not yet recorded, may nevertheless :::::::: be recorded within twelve months from the passage of this tº act, upon the usual proof of their execution, and when so re- evidence. corded, the same, or copies thereof, may be read in evidence without further proof. 53. Sec. III. All laws and parts of laws militating against this act, be and the same are hereby repealed. An Act to amend the Judiciary of seventeen hundred and ninety- nine, so far as relates to Mortgages on Real Estates.* Passed 26th December, 1826. P. 104. 54. Sec. 1. Be it enacted, &c. That from and after the pas- º Sage of this act, that so much of the before recited act as makes tº actor it necessary for all rules to foreclose mortgages on real estates to be published in one of the public gazettes of this State, at least once a month for twelve months, or copies of said rules to be served on the mortgagors or their special agents, at least six months previous to the time the money is directed to be paid, [be and the same is hereby repealed, and that in lieu Rule for ſpre- & closure of thereof it shall only be necessary for said rules to be published º; 0 in in one of the public gazettes of this State once a month for six º' once a month months, for be served in the manner mentioned in said act three ...; months, or months before the time at which the money is directed to be :* three months paid: Provided, that nothing in this act shall be so construed ... money is di- as to affect any mortgage which may exist at and before the jº. passage of this act. paid. * The act here referred to, see Prin. Dig. p. 209. sec. 16. f Four months. See sec. 87. f This act amended and substantially re-enacted in 1829. see sec 87. 174 JUDICIARY. —1827. An Act to repeal a part of an Act, entitled, an Act to revive and amend the Judiciary System of this State, passed on the 16th day of February, 1799.” This act passed 24th December, 1827. P. 103. certain bills 55. Sec. I. Be it enacted, &c. That so much of the above Inot necessar e e g ſº :*:::: recited act as requires the judges of the superior court, or one 8. IICI Sanction- e g ſº º is ;: of them, to read and sanction bills in equity, other than bills of ſaillee injunction ne exeat and quia timet, before the filing of said bills in court, shall be, and the same are hereby repealed. An Act regulating proceedings on Bonds, taken for the security of the peace, and for other purposes. Passed 24th December, 1827. P. 104. Judge of the 56. Sec. I. Be it enacted, &c. That in all cases when any inferior court . º wº gº tº º: judge of the inferior court or justice of the peace, shall take a ºr bond or bonds for the security of the peace, or where any such tain bonds and or d- e tº § tº judge or justice shall commit any person or persons charged ... with an intent to violate the peace, to the common jail of the next term of ... county or any other place of confinement, on account of the ...” unwillingness or inability of such person or persons to give such bonds, that then and in such case it shall be the duty of said judge or justice forthwith to make a return of such bond, toge- ther with the affidavit or affidavits and other evidence on which the said bond was required, or in case of no bond, to make a return of the affidavits and evidence on which the person or persons were committed to jail, to the next term of the supe- rior, inferior, or city court which may first thereafter hold its sit- tings, and it shall be the duty of the officer prosecuting for the State in the said court, on the first day of the said term or as soon thereafter as he can be heard, to move the judge or judges presiding in the said court to take the same into consideration, tº and it shall be the duty of the said judge or judges when the papersº. case is so presented to him or them, to examine the evidence proceedings ºl, so returned and presented, and if thereupon he shall be of opin- shall exam- ... ion that there was no sufficient ground for requiring such bond, ter, and give te e º j" or for the imprisonment of such person or persons, then and in right. such case the said judge or judges are hereby required to cause the bond or bonds so taken to be cancelled, or to discharge the said person or persons from confinement, as the case may be, * The part of this section repealed by this law may be seen in Prin. Dig. p. 218. sec. 48. JUDICIARY.—1827. 175 and if he shall be of opinion that there was no reasonable ground for requiring such bond or bonds, to order and direct that the prosecutor shall pay all the costs and expenses of the said pro- ceedings, which cost shall be collected and recovered in the same manner as fees of witnesses are; provided, if the said judge or judges shall have any doubt upon the evidence presented, he or they may receive additional affidavits from either of the par- ties, touching the conduct of the parties in relation to the causes from which such proceedings originated. An Act to facilitate the recovery of Personal Property in certain cases. Passed 24th December, 1827. P. 108. Whereas, it frequently happens that suits in the different courts of law and equity in this State for personal property, continue for a number of years, and that after the commence- ment, and before the end of said suits, the property in dispute increases, or has issue, which cannot be recovered in any other way than by resorting to a new action: for remedy whereof, 57. Sec. I. Be it enacted, &c. That while any suit or action is now pending, or may hereafter be instituted in ‘any court of law or equity in this State, for personal property; the issue of said property born, or to be born after the commencement of said suit or action, shall and may be recovered in the said suit or action, and it shall be the duty of the court to allow the de- claration or bill to be amended at any stage of said suit or ac- tion, so as to include the said issue so born or to be born, any law, usage, or practice to the contrary notwithstanding. An Act to reduce the damages upon Bills of Eachange drawn on any place beyond the limits of the United States, returnea protested for nonpayment; and to define more precisely the modes of settling the same, on the principle of Exchange.*— Passed 24th December, 1827. P. 110. Whereas the damages at present established by commercial custom and judicial decision in this State, upon foreign bills of exchange, returned and protested, are much too high: And whereas, a doubt exists what is the legal mode of settlement: for remedy whereof, 58. Sec. I. Be it enacted, &c. That on all bills of exchange * Sec sec. 28. May receive additional evidence. The issue of personal pro- perty may be recovered in the same ac- tion, and the declaration amendable for that pur pose. 176 JUD1CIARY. — 1827. jº drawn in this State after the thirty-first day of January next, change re- !..., upon any place beyond the limits of the United States, which *...* shall be returned protested for nonpayment, it shall be lawful for the holder or holders thereof to recover from those liable for the payment thereof, the amount of the said bill of exchange, with postages, protest, other necessary expenses, and interest upon the amount of these sums from the date of protest until the time of presenting the same for payment in this State, at the rate established at the place at which the bill was payable, and also such premium upon the face of the bill and the foreign postages, protest, and necessary expenses as good bills of ex- change upon the same place which such bill was made paya- ble, are worth at the time and place of its demand in this State; but if such bills are then and there at a discount, the holder shall deduct such discount upon and from the items of princi- pal, foreign postage, protest and necessary expenses. Ten per cent. 59. Sec. II. It shall be lawful for the holders of such bill of damages. º * exchange so returned protested as aforesaid, also to claim and receive from the person or persons liable therefor, damages at the rate of ten per cent. upon the amount for which the said bill was drawn. Legal inter. 60. Sec. 11ſ. It shall be lawful for the holder or holders of “ such bill or bills returned protested as aforesaid, to recover the legal interest established in this State from the time of present- ment for settlement, until paid upon the sum or sums, to which he would be entitled by the before mentioned mode of settle- ment. An Act to provide for the recording of Deeds of Mortgage upon real and personal property within this State, and to define the Lien of the same; and also to amend an Act, entitled, “An Act to admit certain Deeds to record, and to authorize the same, or copies thereof, to be read in evidence, and also the copies of certain other Deeds,” and for other purposes.—Passed 26th December, 1827. P. 111. Whereas, it is doubted if there be any law of force in this State requiring deeds of mortgage to be recorded : and whereas such a law is highly necessary for the prevention of frauds and oppression, for remedy whereof, 61. Sec. I. Be it enacted, &c. That all deeds of mortgage upon real property, which have been heretofore executed, * See this act, sec, 51. JUDICIARY.--1827. 177 shall, after having been proved, as in case of deeds of real . mortgage re- corded in 12 property, be recorded in the clerk's office of the superior court ...}. of the county in which such real property may lie, within º twelve months after the passing of this act, and that all deeds """ of mortgage upon personal property, which have been hereto- fore executed, shall be proven by the affidavit of the subscrib- ºft. on personal ing witness, and recorded in the clerk's office of the superior F. how proven, court of the county in which the mortgager shall have resided . . and where at the time of the making the same, or if he be dead, in the * county where his legal representatives reside at the time of the recording the same, or if there be no legal representatives, in the county where the said mortgager last resided previous to his death, within twelve months after the passage of this act: Provided, that nothing herein contained shall be so construed Proviso. as to require mortgages which have already been recorded to be again recorded, but the same shall be held and deemed to be legally recorded and admitted in evidence under the laws now in force in this State: And provided also, that if the wit- witnesses being dead, nesses to any mortgage are dead or removed from the county, tº writing how then the same may be recorded upon the affidavit of one or proven. more persons who are acquainted with the handwriting. 62. Sec. II. All deeds of mortgage upon real property lºº f mortga hereafter to be made, shall be proven in the same way as is geson real property may above required by the first section of this act, for the proving tº and must be of mortgages of real estate, and shall be recorded in the clerk’s ... ** onths. office of the superior court of the county in which such real estate shall lie, within three months from the date of such deed, and that all deeds of mortgage upon personal property here- How deeds of tº ... mortgage after to be made, shall be proved in the same manner as is on persºnal * iº ( * * tº property may provided by the first section of this act, for the proving of like ferºn, deeds heretofore made, and shall be recorded in the clerk’s º" office of the superior court of the county in which the mort- gagor resided at the time of the execution of the said mortgage, within three months after the date of such mortgage. 63. Sec. III. Every deed of conveyance or mortgage of Wºº. either real or personal property hereafter to be made, may, ºniº deed of convey- upon being executed, in the presence of or attested by a notary º public, judge of the Superior court, justice of the inferior court, ; or justice of the peace, (and, in cases of real property, by one other witness) be admitted to record and made evidence in the different courts of law and equity in this State, as though the same had been executed, proved or attested, as heretofore 23 178 JUDICIARY.—1827. required by the laws of this State in case of deeds of real pro- perty. #. 64. Sec. IV. Upon failure to record any mortgage as here- is not record- j" in before required, within the time or times herein before spe- time pre- i. cified for recording the same, that then, and in such case, all judgments *... judgments obtained before the foreclosure of the said mortgage, fore its fore- ºna and also any mortgage executed after the same, and duly any Indlºt- g t g º recorded, shall take lien on the said mortgaged property in 㺺d- preference to the said mortgage. ly recorded, ...the 65. Sec. V. And whereas, personal property is frequently lien on the º; mortgaged while beyond the limits of this State, which proper- perty. ty so mortgaged is afterwards brought within the limits of this State, before the debt for which the same was pledged is satis- Mºe ºn fied : Be it therefore enacted, That in cases of mortgages of property out .*.*.*, personal property executed when the said property so mort- may be re- i... gaged is beyond the limits of this State, and which property in six months *...* shall be afterwards brought within the limits of this State, such *:::::" mortgages shall be recorded within six months after the said property shall be so brought in, in the office of the clerk of the superior court of the county where the person so bringing the said property shall first establish his residence. Anº. 66. Sec. VI. If the holder of any mortgage of property so corded with- in 6 l g *: * As * º *T fºr art * lºº, brought into the State, shall fail to record his mortgage at the ... place, and within the time specified in the preceding section ;.” for the recording the same, then, and in such case, any and all lien. judgments which shall have been duly obtained against the said mortgagor, before the foreclosure of such mortgage, shall be entitled to take lien on the said mortgaged property prior to * to the said mortgage : Provided, that if the said mortgagee, or his assignee, or the legal representatives of such mortgagee or assignee, shall, on foreclosure of the said mortgage, make affi- davit before the judge or justice granting such foreclosure, that he was the holder of said mortgage at the time of the removal of the said property into this State, and that he did not know, before the expiration of the time fixed as aforesaid for record- ing such mortgage, that the said mortgaged property had been removed within this State, or if the said debt be not due, and the mortgagee, or his legal representatives or assignee, shall make a like affidavit before a judge or justice as aforesaid, and place the said mortgage and affidavit together on record, in the proper office herein before specified, then, and in such case, the said mortgage shall be considered and taken from that time to have and be entitled to the same lien as if the same had been duly recorded. JUDICIARY. — 1828. 179 67. Sec. VII. All deeds of land which may have been . land proven recorded on the oath of one or more of the subscribing wit- "... & tº º d nesses, or if subscribed by two or more witnesses, one of whom iºnot º tº ſº º ithin th attested the same as a judge of the superior court, justice of ..." { } * : © tº g scribed by the inferior court, or justice of the peace, or notary public, ..". admitted as shall have been recorded on their official attestation, such º; In Cº. I e deeds, though not recorded within the time prescribed by law, ºriginal. lost, and so shall be admitted in evidence in the same manner as deeds .* 9 which have been duly recorded ; and where the originals of ºnly such deeds are lost or destroyed, and that fact is made known ...i. to the court, the copies of such deeds, taken from the record ..." and duly attested by the person having custody of the same, may be read in evidence before any court of law or equity in this State. 68. Sec. VIII. All deeds other than mortgages executed ... and proven, as stated in the preceding section, but not recorded, §. 2 perly proven, may be recorded within twelve months from the passage of ...ºh. in 12 months this act. sº from the date of this act. i. An Act to abolish the right of Survivorship in Joint Tenants in this State.—Passed 17th December, 1828. P. 90. Whereas, it is doubtful whether the right of survivorship, as under the English law, does not exist in this State, in all estates of joint tenancy: 69. Sec. I. Be it enacted, &c. That from and after the Deceased joint tenant's passage of this act, when two or more persons shall hold and sºil. tributed ac- possess any estate of lands in joint tenancy in this State, and º. one or more of said joint tenants may depart this life during the existence of said estate, the title or interest of the deceased joint tenant in said estate, shall not go to and become the pro- perty of the surviving joint tenant or tenants, as under the English law, but the same shall be distributed as all other estates are under the existing laws of this State. 70. Sec. II. All laws and parts of laws militating against this act, be, and the same are hereby repealed. An Act to regulate the Trial of Claims to Land and Negroes, when levied on by Attachments in the Justice’s Courts in this State.—Passed 20th December, 1828. P. 91. 71. Sec. I. Be it enacted, &c. That from and after the passage of this act, when any attachment returnable to a jus- 180 JUDICIARY. —1829. Claims to land, when levied on by attach- Illent return- able to a justice's court, shall be tried in the superior COurt. Claims to negroes, le- vied on by attachment from a jus- tice's court, to be tried in the superior or inferior Court, The proceed- ings on the trial the same as in cases of attachments and claims. The jury to take an oath. The oath. tice's court in this State, shall be levied on land, which has been claimed by any person or persons not a party to said attachment, it shall be the duty of the officer levying the same, to return the claim papers to the clerk of the next superior court of the county where the land lies, which court shall cause the right of property to be tried in the same manner as in other claim cases. 72. Sec. II. When any attachment as aforesaid shall be levied on any negro or negroes which may be claimed as aforesaid, it shall be the duty of the levying officer to return the claim papers to the clerk of the next superior or inferior court of the county in which said attachment has issued, and it shall be the duty of the courts aforesaid, to cause the right of property to be tried in the same manner as in other cases of claims. g 73. Sec. III. The person or persons claiming as aſoresaid, shall present their claim in the same manner, and be entitled to replevy under the same rules and regulations, as in other cases of attachments and claims. $ 74. Sec. IV. The jury, before the trial of any of the claims aforesaid, shall have administered unto them the follow- ing oath, to wit:— “You do swear or affirm, that you will give to the plaintiffs in attachment against claimants, such damages as may seem reasonable and just, not less than ten per cent. Provided, it shall sufficiently appear that the claim was intended for delay only ; so help me God.” 75. Sec. V. All laws or parts of laws, militating against this act, be and the same are hereby repealed. An Act to define and make certain the mode of assessing da- mages upon the trial of claims of property in the Superior and Inferior Courts in this State.”—Passed 21st December, 1829. P. 46. Whereas, doubts have been entertained whether upon the trial of claims of property, damages should be assessed upon the amount of the execution, or the value of the property claimed, or upon the amount of the claim bond; for remedy whereof: * See the law on this subject, Prin. Dig. p. 213, and 224. JUDICIARY.--1829. 181 76. Sec. I. Be it enacted, &c. That from and immediate- ly after the passage of this act, upon claims of property now pending, or which may be hereafter pending, in the superior Or inferior courts of this State, where damages shall be found by the jury, the said damages shall be assessed upon the whole amount then due upon the execution levied: Provided, the value of the property in dispute exceeds the amount of said execution, and upon the value of the property claimed, when the same is less than the amount of the execution levied, any law, usage, or custom to the contrary notwithstanding. An Act to authorize the appointment of Commissioners out of this State, to take the acknowledgment of Deeds and other instru- ments of writing under seal, and to admit the same to record in this State, and also to take affidavits.-Passed 22d December, 1829. P. 47. º 77. Sec. I. The governor of this State be, and he is hereby authorized to name, appoint, and commission, one or more com- missioners in each or such of the other States of the United States, or the territories thereof, or the District of Columbia, as he may deem expedient, which commissioners shall continue in office during the pleasure of the governor, and shall have autho- rity to take acknowledgments and proof of the execution of any deed, mortgage, or other conveyance of any lands, tenements, hereditaments, or other property, lying and being in this State, and of any contract, letter of attorney, or any other writing, under seal, to be used or recorded in this State, and such ac- knowledgment or proof, taken or made in the manner direct- ed by the laws of this State, and certified by any one of the said commissioners, before whom the same shall be taken or made under his seal, which certificate shall be endorsed on, or annexed to, the said deed or instrument aforesaid, shall have the same force and effect, and be as good and available in law, for all purposes, as if the same had been made before a judge or justice of the peace in this State. Damages on the trial of claims to be assed on the whole amount then due on the execution le- vied. Proviso. The governor to appoint and commis- sion certain commission- el'S to COll- tinue in office during his pleasure. To take ac- knowledg- ments and proof of the execution of deeds, &c. of lands, &c. lying in this state, and other instru- ments of writing. Such com- missionei's certificate valid. 78. Sec. II. Every commissioner, appointed by virtue of They may this act, shall have full power and authority, to administer an oath or affirmation to any person who shall be willing and desirous to make such oath or affirmation before him, and such affidavit or affirmation, made before such commissioner, shall and is hereby declared to be as good and effectual, to all in- administer an oath, &c, which shall be good and effectual. 182 JUDICIARY. —I 8:29. Such com- missioner shall take an oath. The oath. Must be filed in the secretary of state's office of this state. Plaintiſſ in judgment or execution may sell or transſer the Sall ſlee The assignee may collect it. Executions paid off by the defend- ant, &c. not to be kept open. tents and purposes, as if taken by any magistrate resident in this State, and competent to take the same. • 79. Sec. III. Every commissioner, appointed as aforesaid, before he shall proceed to perform any duty, under and by vir- tue of this act, shall take and subscribe an oath or affirmation, before a judge of one of the superior courts of this State, in which such commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws of Georgia, which oath or affirma- tion shall be filed in the office of the secretary of state of this State. Sec. IV. [Repeals all conflicting laws.] An Act to authorize the assignment and transfer of judgments and eacecutions, and to make certain and uniform the practice with regard to the same.—Passed 23d December, 1829. P. 69. 80. Sec. I. Be it enacted, &c. That from and after the passage of this act, it shall, and may be lawful, for the plaintiff in any judgment or execution, to sell or transfer the same by written assignment or control, and said sale or assignment shall not be considered a discharge or satisfaction of said exe- cution; but the assignee may proceed to collect the same for his own use and benefit, in as full and ample a manner as the plaintiff could have done, if no such transfer or assignment had been made. 81. Sec. Il. Nothing in this act contained, shall be so con- strued, as to authorize the collection of any execution, which may have been paid off by the defendant or his agent, and kept open for the purpose of defrauding other creditors. An Act to enable parties litigant in the Superior and Infe- rior Courts of this State, to compel the production of written testimony, where the same may be in the possession of persons not parties to the cause, and residing without the County where such cause is pending; and for other purposes.—Passed 19th December, 1829. P. 92. ..Whereas, parties litigant in the courts of this State, frequent- ly suffer great inconvenience, and sometimes gross injustice, by reason of the difficulty of procuring written testimony, which may be necessary to the successful prosecution or deſence of his cause, where the same happens to be in the possession of JUDICIARY.--1829. 183 persons not parties to the cause, and residing without the coun- ty in which the cause is pending; for remedy whereof, 82. Sec. I. Be it enacted, &c. That from and after the passing of this act, when any deed, bond, note, or other writ- ing, which it may be necessary to use as testimony in any cause which now is, or may be hereafter, pending in any of the superior or inferior courts of this State, may be in the posses- sion of any person, not a party to said cause, and not resident within the county in which said cause is pending, the clerk of the court in which said cause is pending, shall, upon the appli- cation of the party, or his attorney, desirous of procuring such testimony, issue a subpoena duces tecum, directed to the person having such deed, bond, note, or other writing in his possession, and requiring him to be, and appear at the next term of said court, and to bring with him into said court, the paper desired to be used as testimony, which said subpoena duces tecum shall be served thirty days before the court, to which is made returnable, by a sheriff, constable, or Some private person, and the return of the sheriff or constable of such service, or the affidavit of such private person, shall be sufficient evidence that the subpoena was duly served.* 83. Sec. II. When a subpoena shall be issued and served in the terms of this act, and the person, whose attendance is thereby required, shall fail to comply with the requisitions thereof, it shall be the duty of the court, on motion, to issue an attachment against such defaulting witness, returnable to the next term of said court, and shall fine such witness in a sum not exceeding three hundred dollars, unless he or she shall make a sufficient excuse for such failure, which shall be judged of by the court; but shall, nevertheless, be subject to the action of the person, at whose suit such witness shall have been sum- moned, for any damages which he, she, or they may have sus- tained by reason of such failure: Provided, nevertheless, that if the person, so subpoenaed, shall, within ten days after the ser- vice of such subpoena, deliver to the party, at whose instance such subpoena was sued out, or his attorney, or file in the office of the clerk of the court, from which such subpoena issued, the paper, the production of which is required by such subpoena, or shall deliver to the said party or his attorney, or shall file in the said office, his affidavit, that the said paper is not in his power, custody, possession, or control, nor was it at the time of * See forms for this law, Appendix, title Forms. Subpoena duces tecum may issue by the clerk, for the produc- tion of pa- pers which may be sought to be used as tes- timony in cases pend- ing in the superior or inferior Court. To be served hy the she- riff, consta- ble, or any private per- SO!? • Person so summoned to produce pa- pels, and re- fusing to do so, the court may is- sue attach- ment against him, and may fine him \\ot excced- ing 300 dolls. unless he make suffi- cienf excuse. Shall be sub- .ject to the action of the person, who has suffer- ed for want of such testi- mony. Proviso. 184 JUDICIARY. —1829. Such course being pur- sued, and fails to pro- cure such testimony, such party may go into parol evi- dence of its contents. Interrogato- ries of fe- males may be taken in certain cases and how. Such female refusing to give evidence before the commission- ers, what may be done. serving such subpoena, then, and in that case, delivery or filing of the paper so sought as aforesaid, or of such affidavit, shall be considered a full and complete compliance with the requisi- tions of such subpoena duces tecum. 84. Sec. III. In any cause now pending, or which may hereafter be pending in the superior or inferior courts of this State, where any party shall pursue the course herein before pointed out; but who is unable thereby to procure such writ- ten instrument, such party shall be permitted to go into parol evidence of the contents of such written instrument. Sec. IV. [Repeals all conflicting laws.] An Act to point out and regulate the manner of taking the Tes- timony of Females in certain cases. Passed 19th December, 1829. P. 9. 85. Sec. I. Be it enacted, &c. That from and after the pas- Sage of this act, when the testimony of any female shall, or may be required in any of the superior or inferior courts which may be held in this State, criminal cases only excepted, it shall and may be lawful, for either party on giving at least ten days no- tice to the adverse party, or his, her, or their attorney, accom- panied with a copy of interrogatories intended to be exhibited, to obtain a commission from the clerk of the court in which the same may be required, directed to certain commissioners to ex- amine all and every such witness or witnesses on such interro- gatories as the parties may exhibit; and such examination shall be read at the trial, on motion of either party. 86. Sec. II. If any person as above recited, shall refuse to appear before commissioners appointed to take her or their ex- amination, or appearing shall refuse to answer such legal inter- rogatories as shall be annexed to said commission and exhibited to her or them, it shall be lawful for either of said commission- ers, or the party upon whose application the said commission was issued, to proceed in conformity to the laws now in force pointing out the mode of proceeding in cases of failure, or re- fusal to attend, or answer interrogatories in other cases. Sec. Ill. [Repeals all laws militating against this act.] JUDICIARY.—1829. 185 An Act to amend an Act, entitled, “an Act to amend the Judi- ciary of seventeen hundred and ninety-nine, so far as relates to Mortgages on Real Estates.” This act passed 21st De- cember, 1829. P. 109. 87. Sec. I. Be it enacted, &c. That from and after the pas-Mºon sage of this act, where any person or persons, his, her, or their º: agent or attorney shall petition the superior court, as prescribed ” by the judiciary of 1799, for the foreclosure of any mortgage on real estate, the court shall grant a rule directing that the prin- cipal and cost, shall be paid into court within six months there- after, which rule shall be published in one of the public gazettes Hº of this State, once a month for four months, or served on the * mortgagor, or his, her, or their special agent or attorney, at least three months previous to the time the money is directed to be paid: Provided, that nothing in this act shall be so construed ..". ate on mort- & g tº dated as to affect any mortgage which may exist at the time of the #. passage of this act, tº of 88. Sec. II. So much of the said judiciary of 1799, and of the said amendatory act as militates against this act, be, and the same is hereby repealed. An Act to define the duties of Grand Jurors in this State so as respects the time they are to be considered bound to notice of: fences committed in their respective counties.—Passed 22d De- cember, 1829. P. 102. 89. Sec. I. Be it enacled, &c. That grand jurors shall be what time grand jurors bound only to notice, or make presentment of such offences as ...ºd to notice oſ- may or shall come to their knowledge or observation after they ..." shall have been sworn, but nothing in this act shall be consi- tºº. dered as impairing their right as jurors, to make presentments of any violations of the laws which they may know to have been committed at any previous time. e 90. Sec. II. All laws and parts of laws militating against the intent and meaning of this act be, and the same are hereby repealed. NotE. The act of 25th December, 1821, in page 157 of this work, amended by acts of 1830, p. 118, in substance following, viz.: cost for affidavit to obtain a warrant and making out the * For this act, see act of 26th December, 1826, sec. 54. 24 186 .JUDICIAR.Y. same, 62% cents; for trying the same, 62% cents; for making out a recognisance, and returning the same to court, 31% cents; for making out a commitment 31# cents; for each subpoena for witnesses, 12% cents; the sheriff or constable for serving a war- rant upon the person or persons, included in the same, as adverse claimants or offenders, shall receive the same fees as are allowed by law in criminal cases; and for taking possession of the pro- perty included in the warrant shall receive the same fees as are allowed by law in cases of attachment. In page 119, acts of 1830, it is enacted that the purchasers of mortgaged property, purchasers of life estates, or estates for a term of years, in personal property, at sheriffs, coroners, or con- stable's sales, shall give bond. In page 121, acts of 1830, the act of 21st December, 1819, in Prin. Dig, p. 148. Sec. 20, 21, 22, is amended in substance as follows, viz. The certificate of any public officer under his hand and Seal of office, either of this State or any county, in relation to any matter or thing pertaining to their office, shall be admit- ted as evidence before any court of law or equity in this State; but the court may require the production of the original, or have it accounted for. In the acts of 1830, p. 122, it is enacted: To prevent per- sonal property, which is the subject on action of trespass or trover, from vesting in the defendant or defendants to such ac- tion, by virtue of a recovery, and judgment by the plaintiff, ex- cept so far as to be subject to be sold under the execution, which shall or may be issued, upon such judgment of the said plaintiff, obtained by him in the said action of trespass or trover, and to make such property first liable to the payment of the damages recovered in said action. In page 123, acts of 1830, the attorney's fee is changed to two dollars, and the jury fee to three dollars. Acts of 1830, p. 125, it is enacted, that any person arrested hereafter by virtue of writs of ne exeat, they shall be discharged, on their giving good bond with good and sufficient security, either that they will not depart this State, or for the payment of the eventual condemnation money. In cases in equity when the judge of the circuit is interested or party to a suit, or where the complainant shall make an affidavit that the judge is inter- ested in the subject matter, any judge of the superior court of this State may sanction such bills in equity, and grant such writs of injunction as are necessary. Acts of 1830, p. 126, the law authorizes the issuing of writs of ne exeat at the instance of persons claiming personal pro- TIME OF HOLDING COURTS. 187 perty, in remainder and reversion, and also to preserve the rights of such persons. TIME OF HOLDING COURTS. The following table is corrected up to January, eighteen hundred and thirty. SUPERIOR CourTs.—Western Circuit. In Rabun, on the fourth Monday in April, and October. Clarke, second Monday in February, and August. Walton, third Monday in February, and August. Jackson, fourth Monday in February, and August. Gwinnett, second Monday in March, and September. Hall, third Monday in March, and September. Franklin, second Monday in April, and October.” Habersham, third Monday in April, and October. Northern Circuit. In Wilkes, third Monday in February, and August.f Madison, second Monday in March, and September. Elbert, third Monday in March, and September. Warren, first Monday in April, and Tuesday after first Monday in October. Hancock, second Monday in April, and October. Oglethorpe, third Monday in April, and October. Lincoln, fourth Monday in April, and October. Taliaferro, third Monday in January and July. Middle Circuit. In Columbia, second Monday in March, and September. Washington, fourth Monday in March, and September. Montgomery, second Monday in April, and Thursday after first Monday in October. Tatmall, Thursday after second Monday in April, and se- cond Monday in October. Emanuel, third Monday in April, and Tuesday after se- cond Monday in October. Scriven, fourth Monday in April, and third in October. * Time altered by acts of 1830, p.61, to fourth Monday in January and July. w # Altered to first Monday in July, instead of third Monday in August. 188 JUDICI ARY. In Burke, first Monday in May, and fourth in October.” Jefferson, third Monday in May, and second in Novem- ber.f Richmond, fourth Monday in May, and third in Novem- ber.; Ocmulgee Circuit. In Jasper, third Monday in April, and October.' Morgan, first Monday in March, and September. Greene, second Monday in March, and September. Putnam, third Monday in March, and September. Baldwin, fourth Monday in February, and August. Wilkinson, second Monday in April and October. Jones, fourth Monday in April, and October.| Southern Circuit. In Laurens, first Monday in April, and Wednesday after first Monday in October. Twiggs, first Monday in March, and September. Pulaski, second Monday in April, and October. Telfair, third Monday in April, and October. Irwin, Thursday after third Monday in April, and October. Appling, fourth Monday in April, and October. Ware, Thursday after fourth Monday in April, and Oc- tober. Lowndes, first Monday in May, and November. Thomas, Thursday after first Monday in May, and No- vember. Decatur, second Monday in May, and November. Early, third Monday in May, and November. Baker, fourth Monday in May, and November. Dooly, first Monday after fourth Monday in May, and November. Flint Circuit. In Monroe, second Monday in April, and October." Houston, third Monday in April, and October.” * Altered by acts of 1830, p. 54, to third Monday in November, the fall term. # Fall term altered to fourth Monday in October. # Altered to first Monday in June and January. § Altered to fourth Monday in April and October. || Altered to third Monday in April and October. TI Altered to second Monday in March and September. ** Altered to second Monday in February and August. TIME OF HOLDING COURTS. 189 In Crawford, third Monday in February, and August. Upson, fourth Monday in February, and August. Pike, first Monday in March, and September. Fayette, second Monday in March, and September.” Henry, third Monday in March, and September.f Newton, fourth Monday in March, and September. Butts, first Monday in April, and fourth in October. Bibb, third Monday in January, and July.' Chattahoochie Circuit. In Muscogee, second Monday in February and August. Randolph, Wednesday after third Monday in February, and August. Lee, fourth Monday in February, and August; Marion, on the Thursday thereafter. Talbot, first Monday in March, and September. Harris, second Monday in March, and September. Merriwether, third Monday in March, and September. Troup, fourth Monday in March, and September. Coweta, first Monday in April, and Wednesday after first Monday in October. De Kalb, second Monday in April, and October. Campbell, third Monday in April, and October. Carrol, fourth Monday in April, and October. Eastern Circuit, Spring Term. In Bullock, fourth Monday in March. Camden, first Monday in April. Wayne, second Monday in April. Glynn, Thursday after second Monday in April. M*Intosh, third Monday in April. Liberty, fourth Monday in April. Bryan, Thursday after fourth Monday in April. Effingham, second Monday in May. Chatham, third Monday in May. * Altered to third Monday in March, and September. t Altered to second Monday in April, and October. # Altered to first Monday in April, and Thursday after the first Monday in October. § Altered to first Monday in February, and August. 190 JUDICIARY. Fall Term. In Bullock, Thursday before first Monday in November. Camden, second Monday in November. Wayne, Thursday after second Monday in November. Glynn, third Monday in November. M“Intosh, third Wednesday in November. Bryan, first Monday in December. Liberty, Wednesday after first Monday in December. Effingham, second Monday in December. Chatham, first Monday in January. INFERIOR Courts.-Western Circuit.' In Clark, fourth Monday in October, and second Monday in May. Walton, third Monday in May, and November. Jackson, second Monday in January, and first in July. Gwinnett, second Monday in June, and December. Hall, third Monday in June, and December. Rabun, first Monday in January, and July. Habersham, second Monday in July, and January. Franklin, third Monday in July, and January. Northern Circuit. ln Madison, second Monday in January, and July. Elbert, third Monday in January, and July. Oglethorpe, fourth Monday in January, and June. Hancock, first Monday in February, and third in August. Warren, second Monday in February, and third in August. Lincoln, first Monday February and July. Wilkes, first Monday in May, and November.” Taliaferro, Middle Circuit. In Montgomery, first Monday in February, and August. Columbia, third Monday in June, and December. Richmond, fourth Monday in June, and December. Burke, first Monday in January, and July. Scriven, second Monday in January, and July. Jefferson, third Monday in January, and July. Washington, fourth Monday in January, and July. * Altered to fourth Monday in September, instead of first Monday in November. TIME OF HOLDING COURTS, 191 In Emanuel, first Monday in January, and July. Tatnall, second Monday in February, and August. Ocmulgee Circuit. In Jasper, third Monday in January, and July. In In Morgan, first Monday in June, and December. Greene, second Monday in June, and first Tuesday in Ja- nuary. Putnam, third Monday in June, and December. Baldwin, fourth Monday in May, and November. Wilkinson, second Monday in January, and July. Jones, fourth Monday in January, and July. Laurens, first Monday in June, and December. Southern Circuit. Appling, third Monday in June, and December. Ware, fourth Monday in June, and December. Telfair, first Monday in April, and second in October. Irwin, fourth Monday in January, and first in July. Early, second Monday in January and July. Pulaski, third Monday in January and July. Twiggs, fourth Monday in January, and July. Dooley, third Monday in March, and September. Lowndes, third Monday in January, and first in June. Decatur, fourth Monday in January, and second in June. Baker, fourth Monday in January, and July. Thomas, Flint Circuit. Monroe, first Tuesday in January, and July.” Houston, fourth Monday in January, and July. Crawford, third Monday in May, and November. Upson, fourth Monday in May, and November. Pike, first Monday in June, and December. Fayette, second Monday in June, and December.i. Henry, third Monday in June, and December. Newton, fourth Monday in June, and December. Butts, third Mionday in July, and January.' Bibb, third Monday in April, and October.| * Altered to second Monday in June and December. f Altered to second Monday in May and November, # Altered to third Monday in June and December. § Altered to first Monday in July and January. || Altered to first Monday in May and November, 192 JUSTICES OF THE PEACE. — 1820. Eastern Circuit. In Wayne, last Monday in May, and December. Liberty, second Monday in January, and June. Camden, first Monday in January, and June. Glynn, second Monday in January, and June. McIntosh, third Monday in January, and June. Bryan, fourth Monday in January, and June. Bullock, first Monday in February, and July. Effingham, second Monday in February, and July. Chatham, third Monday in February, and July. Chattahoochie Circuit. In Merrewether, first Monday in May, and November. Talbot, fourth Monday in July, and January. Marion, third Monday in May, and November. Lee, fourth Monday in May, and November. Muscogee, first Monday in June, and December. Harris, second Monday in June, and December. Troup, third Monday in June, and December.” Coweta, fourth Monday in June, and December. Carrol, first Monday in January, and July. De Kalb, second Monday in January, and July. Randolph, first Monday in June, and December. Campbell, second Monday in June, and December. —-e Se—— JUSTICES OF THE PEACE. An Act more effectually to compel Justices of the Peace and Constables to pay over Moneys received or collected by them, in their official capacities. Passed 22d December, 1820. P. 63. Justices of 1. Sec. I. Be it enacted, &c. That justices of the peace shall the peace º * tºº." be so far considered officers of the Superior court as to be sub- y the supe- . tº tº * º rior courº, ject to be ruled under similar regulations as are customarily pay over mo- e tº º jººm pursued, in relation to any other officer of said court, when they shall refuse or neglect to pay over any moneys which they may have received or collected in their official capacity. * Altered to second Monday in January instead of December, JUSTICES OF THE PEACE.—1821. 1827. 193 2. Sec. II. Constables shall be subject to be ruled by their . may be ruled respective justice's courts, and compelled to give an account of §º. to pay over their actings and doings, or pay over moneys which they may ...'. * g g o º them collect- have received or collected in their official capacity, under ..."” the same regulations as are pursued in the Superior court in re- lation to officers of said court. An Act to repeal so much of the fifth section of an Act, passed on the 16th day of December, 1811, entitled, “An Act to re- gulate the granting Certioraries and Injunctions in this State,” as relates to Certioraries. Passed 21st December, 1821. P. 121. Whereas, much inconvenience has resulted in practice, and frequently great injustice has been done to parties litigant in the several justice's courts in this State, from the provisions of said fifth section; in remedy whereof, 3. Sec. I. Be it enacted, &c. That so much of the fifth Wilso ce- tiorari may section of an act, passed on the 16th day of December, in the ºl, year 1811,” as relates to certioraries, be, and the same are * hereby repealed.ſ An Act to provide a more easy and convenient mode of proving open accounts, so as to make them evidence in Justice’s Courts. Passed 26th December, 1827. P. 109. Whereas, the practice now pursued by the different justice's courts in this State, of requiring open accounts to be proven in open court, in order to make them evidence, is found in many instances to be highly inconvenient: for remedy whereof, In cases º tº g h * it 4. Sec. I. Be it enacted, &c. That from and immediately ... g {- g g tº ſº * in a justice's after the passing of this act, in any suit which may be instituted ºn dº ſº e tº * ſe open account in a justice's court within this State, upon an open account *º- y who have against any party who may have removed without the jurisdic- ºved ºut of the county tional limits of the county in which such account was contract- whº a CCOUnt Was ed, or who may reside without the county in which the account . or who may was contracted, the said account may be proved by a written flººr affidavit before any officer authorized to administer an oath, ...". g e * t f and when so proven shall be received in evidence upon the ſºng may be read in evidence. * For this 5th section, see Prin. Dig. p. 224. # This act gives the right of granting writs of certiorari in justice's courts be- fore a jury trial. 25 194 LAND LOTTERY.—1820. Proviso. Fractions to be sold by 3 commission- ers at Jeffer- son, in Jack- son county. Time of com- Inencement of sale. trial of said suit as though the same had been proven in open court: Provided, however, that if the defendant will make an affidavit in writing, denying the justice and fairness of the whole or any part of the said account, the said court shall not give judgment for so much thereof as may be so traversed or controverted, unless supported by other proof. 5. Sec. II. All laws and parts of laws, militating against this act, be and the same are hereby repealed. [NotE. See under title Patrols, vesting the appointment of patrols in the justices of the peace.] [See in page 169 and 171, how claims of land and negroes levied on by executions from a justice's court, and property le- vied on by attachment is to be tried.] —-6Sºº-- LAND LOTTERY. An Act to authorize certain Commissioners to sell and dispose of the fractional parts of Surveys not drawn or authorized to be drawn for in the present Land Lottery, lying in the coun- ties of Appling, Irwin, Early, Telfair, Walton, Gwinnett, Hall, Habersham and Rabun; and to rent out the lots num- bers ten and one hundred, heretofore set apart as a fund for Free Schools.” Passed 22d December, 1820. P. 21. 1. Sec. I. Be it enacted, &c. That all the fractional parts of Surveys not drawn or authorized to be drawn for in the pre- sent land lottery, lying in the counties of Walton, Gwinnett, Hall, Habersham and Rabun, shall be sold by three commis- sioners, to be hereafter elected by joint ballot of both branches of the general assembly, at Jefferson, in the county of Jackson, on the first Monday in August next, which sales shall continue from day to day, (Sundays excepted) between the hours of ten o'clock in the morning, and three o'clock in the evening of each and every day until the whole shall be disposed of 2. Sec. Il. All the fractional parts of surveys not drawn or authorized to be drawn for in the present land lottery, lying in the counties of Appling, Irwin, Early, and Telfair, shall be Fractions to be sold by 3 commission- ers at Hart- ford. * See sec. 40, supplementary to this act. LAND LOTTERY.—1820. 195 sold by three commissioners, to be elected by joint ballot of both branches of the general assembly, at Hartford, in the county of Pulaski, on the first Monday in October, eighteen hundred and twenty-one, and continue from day to day, (Sun- days excepted) between the hours of ten o’clock in the morn- ing, and three o'clock in the evening of each and every day, until the whole are disposed of. 3. Sec. III. The three commissioners appointed as afore- #." sioners may said, to sell the said fractional parts of surveys, in the counties of . Walton, Gwinnett, Hall, Habersham and Rabun, and the com- missioners appointed as aforesaid to sell the fractional parts of surveys, in the counties of Appling, Irwin, Early and Telfair, or a majority of them shall be sufficient to carry this actinto effect, who shall, before they enter on the duties required of them by this act, give bond with two or more sufficient securities to his ..." and security in the sum of excellency the governor, for the time being, or his successors ;... in office, in the sum of twenty thousand dollars, for the due and faithful performance of the duties imposed on them by this act; which bond shall be taken by his excellency the governor, or Wºº. bond taken by any two of the justices of the inferior court of the county by: where such commissioner may reside, and by them transmitted to the executive department, and shall moreover take and sub- scribe the following oath, viz.: “I do solemnly swear, or affirm, ..." er’s oath. (as the case may be) that l will faithfully discharge the duties imposed on me by this act, and that I will make due returns of all moneys, bonds, or securities, to the treasurer of this State, which may come into my hands, as commissioner aforesaid; so help me God;” which oath shall be taken before his excellency the governor, or any two justices of the inferior court, and en- dorsed on the aforesaid bond. 4. Sec. IV. The highest bidder for any of the fractions au- Purchaser to º tº- pay one- thorized to be sold by this act, shall be the purchaser, whose º: duty it shall be, immediately on such purchase being made, ºney and give to deposit in the hands of the commissioners one-fourth part of ... curity for the the amount of such purchase, and give bond and sufficient se- i.us, to be paid in curity, made payable to his excellency the governor, for the time ...". tº -: o tº tº nual instal- being, and his successorin office, for the remaining three-fourths, j. * * * * o sº ments to be to be paid in three equal annual instalments, which payments ºld o - g * or silver, or shall be made in gold or silver, or in such bank bills as may be in º ceivable at receivable at the treasury of the State, at the time said instal- the treasury. ments may become due ; which moneys and bonds, when so re- Mºyde- * g tº g posited in ceived by the commissioners aforesaid, shall be by them depo- i. sited in the office of the treasurer of this State, within twenty .." days after the time the sales are completed, and should any Time of sale. 196 LAND LOTTERY.—1820. Purchaser failing to comply, what must be done. Governor to cause grants to be made out for all the fractions to be sold, to be placed in the hands of the commis- sioners, and by them de- livered to the purchasers. Duty of the surveyor general and secretary of State. Commission- ers to lay a COrrect state- ment of their proceedings before the le- gislature. Proviso. If the pur- chaser me- glects to pay within three months any instalment, what may be done. Property of purchaser bound from the date of the bond, and the securities from the date of the execution. person become a purchaser of any fraction or fractions, and shall fail or neglect to comply with the conditions of this act, shall for such neglect or failure, forfeit the privilege of bidding for any fraction during the continuance of said sale; and the commissioners are hereby required to reject the bid of any per- Son or persons so ſailing or neglecting, for any fraction after- wards offered for sale during the continuance of said sale; and such fraction shall be offered for sale by the commissioners the Succeeding day, as though such fraction or fractions had never been sold. 5. Sec. V. It shall be the duty of his excellency the gover- nor, to cause grants to be made out for all the fractional parts of surveys authorized to be sold by this act, leaving a blank for the name of the person to whom the same may issue, which giants shall be placed in the hands of the commissioners ap- pointed to dispose of the fractions as aforesaid, and by them filled up and delivered to the purchaser or the purchasers, de- positing the moneys and the bonds, with sureties, as is required in the preceding section; and it shall be the duty of the Sur- veyor general and secretary of state, to insert the name of each purchaser in the record of such plot and grant remaining in their offices; and it shall be the duty of the commissioners to lay a correct statement of their proceedings under this act, before the next legislature, immediately succeeding such sale: Provided nevertheless, that the said grants shall contain in the face of them, that the land therein granted shall be subject to the pay- ment of the purchase money due the State therefor, in preſer- ence to all other liens whatever, whether by judgments existing before or entered after the date of such grant, but the land shall not be sold to satisfy the first instalment which may become due on the bond, provided there is any other property of the purchaser or his securities to be found, out of which may be made the amount of said instalments. 6. Sec. VI. If the purchaser of any of the fractions autho- rized to be sold by this act, shall fail or neglect within three months after the same may become due, to pay the first, second or third instalments, it shall be the duty of the treasurer to issue an execution for the amount of the debt and interest that may then be due, directed to the sheriff where the purchaser or his securities may reside, which shall be levied on their goods and chattels, lands and tenements; and all the property of which the purchaser was possessed at the time of giving such bond, shall be bound, and all the property of which such sureties shall be possessed at the time such execution shall issue, shall LAND LOTTERY.—–1820. 197 be bound for the whole of the purchase money, which may then or thereafter become due. And the moneys so collected by the sheriff, except the cost, shall be paid into the treasury within three months after the execution shall have been issued; but, if the moneys shall not be collected as aforesaid, then the exe- cution shall be by the sheriff returned to the treasurer within the time above expressed; but should the sheriff refuse or ne- glect to return the money or execution as aforesaid, it shall be the duty of the treasurer to issue an execution against the sheriff and his securities, for the amount of said execution or executions put into his hands, directed to the coroner of the County in which such sheriff or his securities reside, whose duty it shall be to levy, collect and return the same within three months thereafter. 7. Sec. VII. It shall be the duty of the commissioners ap- pointed as aforesaid, to sell the fractions in the counties of Walton, Gwinnett, Hall, Habersham, and Rabun, to com- mence by offering the lowest numbered fraction in the lowest numbered district in the county of Walton, progressing in numerical order, until the whole of the fractions in said district is offered for sale; then by offering the lowest numbered frac- tion in the next lowest numbered district in said county, and progressing in the same numerical order, until the whole are disposed of in said county, continuing and observing the same progression throughout the different counties, in the order in which they stand in the foregoing part of this section: and the commissioners aforesaid shall receive as a compensation for their services, four dollars each per day, for each and every day they may be employed on the duties required of them by this act. 8. Sec. VIII. The commissioners appointed as aforesaid to sell the fractions in the counties of Appling, Irwin, Telfair, and Early, to commence by offering for sale the lowest numbered fraction in the lowest numbered district in the county of Ap- pling, progressing in numerical order, until the whole of the fractions in said district are sold or offered for sale, then by offering the lowest numbered fraction in the next lowest num- bered district in said county, and to progress in the same numerical order until the whole are disposed of in said county, continuing and observing the same progression throughout the different counties, in the order in which they stand in the pre- ceding part of this section: and the commissioners aforesaid shall receive as a compensation for their services, four dollars Money col- lected to be paid into the treasury within three months, and if not collect- ed the execu- tion to be re- turned. If the sheriff neglect to re- turn the mo- ney or the execution, the treasu- rer’s duty. How the commission- ers are to put up the fractions ſor Sale. Commission- ers’ compen- sation. How com- missioners are to put up the fractions for sale. Commission- ers” compen- sation. 198 LAND LOTTERY.—1820. Duty of the surveyor general in making out a list of maps of fractions. Surveyor general and secretary of state's ſees. What frac- • tions and lots each day, for each and every day they may be employed in the duties required of them by this act. 9. Sec. IX. It shall be the duty of the Surveyor General, and he is hereby required to make out a list and connected map of the fractions authorized to be sold by this act, lying in the counties of Walton, Gwinnett, Hall, Habersham, and Rabun, and the numbers of the lots adjoining, in the order prescribed in the seventh section of this act, and to deliver a copy of the same to the commissioners appointed to sell the fractions in said counties, on their application, at any time within thirty days previous to the commencement of said sales; and to make out a list and connected map of the fractions authorized to be sold by this act, in the counties of Appling, Irwin, Telfair, and Early, and the numbers of the lots adjoin- ing, in the order prescribed in the eighth section of this act, and to deliver a copy of the same to the commissioners appointed to sell the fractions in the said counties on their application, at any time within thirty days previous to the commencement of said sales. 10. Sec. X. The surveyor general and secretary of state, shall receive the same fees for making out and signing the grants for the fractions authorized to be sold by this act, as they are by law entitled to, on grants for lands drawn in the present land lottery, which shall be paid out of any moneys in the treasury not otherwise appropriated. 11. Sec. XI. Nothing in this act shall be so construed as not to be sold to authorize the commissioners to sell the fractions bounded Duty of the the inferior court in rent- ing out frac- tions. by the Florida line, or to authorize the sale of lots numbers ten and one hundred, in each district, should either of said lots be a fractional survey; but said lots shall remain reserved for the purposes heretofore contemplated by law. 12. Sec. XII. It shall be the duty of the justices of the inſerior court of the counties of Early, Irwin, Appling, Hall, Habersham, Gwinnett, Walton, Rabun, and Telfair, to rent out the numbers ten and one hundred, in their respective counties, to the highest bidder, for the ensuing year, 1821, at the court house in each county, after giving twenty days notice in one of the newspapers at Milledgeville, and at three or more public places in the county where the lots may lie; and the person or persons renting, shall give notes with security ap- proved of by the said courts; and that it shall be the duty of said courts to transmit said notes to the treasury within sixty days from the time of taking the same. 13. Sec. XIII. The notes so taken shall be made payable LAND LOTTERY.—1820. 199 on the twenty-fifth of December, 1821, to his excellency the .º. governor. governor and his successors in office; and the said inferior #. court, shall for their services be entitled to ten per cent on the ..." amount of notes so taken, to be paid by his excellency the governor, when the same may be collected. [Sec. XIV. and XV., temporary.] 14. Sec. XVI. Any purchaser of a fraction or fractions, ºf which may be sold in pursuance of this act, shall have the tº the amount of privilege of paying the whole of the purchase money at the ºl.” ney at the time of making the purchase, and on so doing, shall be entitled ...” may be al- lowed a de- to a deduction of eight per cent. per annum, on the amount of . per cent, per the purchase money that is not required to be promptly paid. ... An Act to relieve certain fortunate Drawers in the Land Lottery just closed.—Passed 23d December, 1820. P. 71. Whereas, it is believed that many mistakes in entering and transcribing the names of persons entitled to draws in the land lottery above alluded to, may or does exist, to wit: in the ter- ritory just distributed by lot in the counties of Early, Irwin, Appling, Walton, Rabun, Hall, Gwinnett, and Habersham; for remedy whereof: 15. Sec. I. Be it enacted, &c. That whenever it shall ap- ºthº- vernor may pear, by comparing the report of the commissioners, and the . * entry made by their clerks, with the original return, from any ºper. of the counties in this State, and that the legitimate drawer is ɺ..." not properly entered, then, and in all such cases, it shall be the duty of his excellency the governor, and he is hereby required to order such alteration made as to secure the bona fide drawer in his right, his heirs or devisees, according to the jus- tice of the case ; and all grants which may issue in conse- quence of such mistakes, shall hereby be declared null and void : Provided nevertheless, should the holder of such grant or Proviso. grants issued through mistake, return the same to the executive chamber, his excellency the governor is authorized and re- quired to refund to such grant or holder the sum and amount of money paid as office fees, and shall cause the true name to be inserted therein, in the records of the different offices; which grant shall be good and valid in law; any law to the contrary notwithstanding. 200 LAND LOTTERY.—1821. Territory di- vided into 5 counties. Dooley coun- ty laid out. IIouston county laid Gut. Monroe county laid Out, IFayette county laid Out. Henry coun- ty laid out. Counties di- vided into districts. Districts di- vided into lots of 202 1-2 acres, to be marked and numbered. An Act to dispose of and distribute the Lands lately acquired by the United States for the use of Georgia, of the Creek nation of Indians, by a treaty made and concluded at the Indian Spring, on the eighth day of January, eighteen hundred and twenty-one; and to add the reserve at Fort Hawkins to the county of Jones. Passed 16th May, 1821. P. 3. 16. Sec. I. Be it enacted, &c. That the territory acquired of the Creek nation of Indians by the United States, for the use of Georgia, as described in articles of a treaty, entered into, and concluded between commissioners on part of the United States, and the chiefs, headmen and warriors of the Creek nation of Indians, at the Indian Spring, on the eighteenth day of January, eighteen hundred and twenty-one, shall form and be divided into five counties, as follows, to wit: All that part of said ter- ritory which lies South of a line commencing on the Ocmulgee river, opposite the town of Hartford, and running due west to the Flint river, shall form one county, to be called Dooley. All that part of said territory lying between a line commenc- ing on the Ocmulgee river, opposite Fort Hawkins, and run- ning due west to Flint river, and the line first above described, shall form one other county, to be called Houston. All that part of said territory lying between the last men- tioned line, and a line commencing at the Seven lslands, on the Ocmulgee river, and running due west forty miles, thence due South to the Flint river, shall form one other county, to be called Monroe. All that part of said territory which lies west of the last men- tioned line, and a line commencing at the corner of Monroe county, as above described, and running north to the Chatta- hoochie, shall form one other county, to be called Fayette. All that part of said territory which lies east of the last mentioned line, running from the corner of Monroe county, to the Chattahoochie, shall form one other county, to be called Henry. 17. Sec. II. Each of the counties hereinbefore laid out and described shall be divided into districts of nine miles square, as near as practicable, the district lines running parallel to the lines dividing counties, and crossed by others at right angles, and said districts so laid out, shall be again subdivided by lines to be run in like directions into Square tracts, containing each two hundred two and a half acres, marked and numbered ac- cording to the plan heretofore pursued, under the instructions of the surveyor general. LAND LOTTERY.—1821. 201 18. Sec. III. The fractional parts of surveys which may be created by the divisions, and subdivisions as aforesaid, shall be reserved for public uses, to be disposed of as a future legislature may direct. 19. Sec. TV. A number of surveyors equal to the number of districts shall be appointed by joint ballot of the legislature in one general ticket; and the person having the highest num- ber of votes, shall be entitled to first choice of districts, and in the same order, agreeably to the number of votes each surveyor may receive; and in case of a tie between any number of sur- veyors, then preference in choice shall be decided by lot in pre- sence of the surveyor general. 20. Sec. V. That ten persons shall be appointed by joint ballot of the legislature, neither of whom shall be a district sur- veyor, to run and plainly mark the several district and county lines hereinbefore directed, whose duties shall be apportioned by the surveyor general, as nearly equal as practicable, and that no ticket shall be counted, unless it contains the names of ten persons. 21. Sec. VI. No ticket for district'surveyors shall be counted unless it contains as many names as there are districts. Any person elected a surveyor, who shall fail to perform the duties of his office, as required by the provisions of this act, shall be considered as forfeiting his bond, and himself and his securities immediately liable therefor. 22. Sec. VII. Ths surveyors respectively, shall give bond in the sum of ten thousand dollars, to the governor, and his suc- cessors in office, with such security as he, or a majority of the justices of the inferior court of the county, in which such sur- veyor may reside, shall approve, eonditioned for the faithful performance of the duties required of them by this act, which bond shall be deposited in the executive office. 23. Sec. V111. It shall be the duty of the surveyors ap- pointed in pursuance of this act, to make the surveys of the counties and districts, to which they may be appointed in their own proper person, to mark, or cause to be marked, plainly and distinctly upon trees, if practicable, otherwise on posts, all corners and stations, and all lines which they may be required to run for the purpose of making the surveys of their respective counties and districts, immediately upon being required so to do by the surveyor general, to cause all lines to be measured with all possible exactness with a half chain, containing thirty- three feet, divided into fifty equal links, which shall be adjusted Fractions to be reserved for public USeS, A number of surveyors to be appointed by the legis- lature. How the sur- veyors are to take choice of districts. Ten persons appointed by the legisla- ture to run off the coun- ties into dis- tricts. Ticket to contain only as many Ina IſleS as there are dis- tricts. Any surveyor not perform- ing his duty, what may be done. The survey- ors to give bond and se- curity. Condition of the bond Duty of the surveyors. 26 202 LAND LOTTERY.—1821. by the surveyor general, according to the standard in his office; to take as accurately as possible the meanders of all water courses which shall form natural boundaries to any of the sur- veys; to note in field books to be kept by them respectively, the names of the corner and station trees which shall be marked and numbered under the direction of the Surveyor general; also all rivers, creeks, and other water courses which may be touched upon or crossed, in running any of the lines aforesaid; transcripts of which field books, after being compared with the originals by the surveyor general, and certified and signed on every page by the surveyor returning the same, shall be depo- sited in the surveyor general’s office, and become a record; lººſe and the district surveyors shall make a return of their surveys days. and works within ninety days from the time they are notified to enter upon the discharge of their duties, containing a map of their district, on which shall be correctly represented and num- bered all lots and fractions of said district, and waters therein delineated, as the surveyor general may direct; and also return at the same time a detached plot of each lot and fraction which said district may contain, certified and signed by such surveyor; which plot shall be filed among the records of the surveyor gen- eral’s office, and from which copies shall be taken to be an- nexed to grants: and said surveyors shall conform to such instructions as they may receive from time to time from the Proviso, surveyor general during their continuance in office : Provided, the same do not militate against this act. And the surveyors appointed to lay out county and district lines, shall make return of their works to the surveyor general within sixty days after the passage of this act. *:::::::::: 24. Sec. IX. The district surveyors to be appointed by this i.” act, shall receive two dollars and fifty cents for every mile that shall be actually run or surveyed, as a full compensation for the duties required of them by this act, out of which they shall §ºlº defray the whole of the expenses incident to their offices; and vanced at the ... his excellency the governor is hereby authorized and required * to issue his warrant on the treasury, in favour of each of the aforesaid surveyors, upon his being called into service, to the amount of three hundred dollars, to enable him with the less delay to enter upon his duties: and the balance to which the surveyor may be entitled, shall be paid to him in like manner, upon his producing a certificate from the surveyor general, set- ting forth a performance of the work, and the amount due. - 25. Sec. X. The surveyors who may be appointed to run county and district lines, shall receive three dollars and a half LAND LOTTERY.—1821. 203 for each mile they may run and survey, as a full compensation ...". for their service, out of which all incidental expenses shall be mº paid ; and the governor is required to issue his warrant on the “ treasurer, in favour of each of said surveyors, for the sum of 300 dºlls; ad; vanced at the three hundred dollars, upon their being called into service, and º. in like manner to pay any balance which may be due when service. the work is completed, and the surveyor general shall certify the same. 26. Sec. XI. The territory acquired as aforesaid shall be ºr disposed of and distributed in the following manner, to wit: ś. After the surveying is completed and returns made thereof, * his excellency the governor shall cause tickets to be made out, whereby all the number of lots in the different districts in- tended to be drawn for, shall be represented, which tickets shall be put in a wheel and constitute prizes. The fol- lowing shall be the description and qualification of persons entitled to give in their names for a draw or draws, under this act: every male white person of eighteen years of age and upwards, being a citizen of the United States at least three years, and an inhabitant of this State three years immediately preceding the passage of this act, including such as have been absent on lawful business, shall be entitled to one draw ; every male person of like description, having a wife or legiti- mate male child or children under the age of eighteen years, or unmarried female child or children, shall have two draws; all widows with like residence, shall be entitled to one draw ; all families of orphans resident as aforesaid, under the age of twenty-one years, except such as may be entitled in their own right to a draw or draws, whose father is dead, shall have one draw ; all families of orphans consisting of more than two, who have neither father nor mother living, shall have two draws; but if not exceeding two, then such orphan or orphans shall be entitled to one draw, to be given in in the county and district where the eldest of said orphans resides, or where the guardian of the eldest resides: Provided, that should such guardian or such orphan or orphans, or the eldest of such orphans, reside within the newly acquired territory contem- plated by this act, then such draw or draws shall be given in in the nearest adjoining county, within the organized limits of this State, to that in which such guardian may reside, or such orphan or orphans, or the eldest of such orphans may reside ; all widows of like residence, whose husbands were killed or died in the service of the country in the late wars against Great Britain or the Indians, shall be entitled to one draw 204 LAND LOTTERY.—1821. exclusive of that otherwise allowed by this act to widows; all orphans whose fathers were killed or died in the service of the country in the late wars against Great Britain or the Indians, shall be entitled to a draw, exclusive of that otherwise allowed by this act to orphans. Provided, that nothing herein contained, shall be so construed as to entitle any person or persons to a draw or draws in the present contemplated land lottery, who may have been fortunate drawers in any previous land lottery: Provided, that the citizens of this State who come under this act as above contemplated, and who volunteered, or were legally drafted, in the late war against Great Britain or the Indians, and refused to serve a tour of duty either in person or by substitute, or who may have deserted from the service of this State, or of the United States, shall not be entitled to the provisions of this act as above contemplated, nor any of those who illegally avoided a draft by removal or otherwise; and that no person or persons who have removed from the orga- nized limits of this State, for the purpose of avoiding the laws of this State, or who have absconded for debt, shall in no wise be benefited by this act, and who have not paid all taxes re- quired of them. In case any land is drawn by minors, the grant shall issue accordingly, upon payment of the usual fees. Convicts in 27. Sec. XII. Nothing herein contained, shall be so con- ºf strued as to allow any convict in the penitentiary to give in for #. a draw in the present contemplated lottery: Provided, never- theless, that the child or children, who have resided in this State three years, of any of said convicts, shall be entitled to a draw or draws, in the same manner they would be entitled if they were orphans, and may be given in for by their mother or other person under whose care they may be, and the grant or grants shall issue accordingly to any lands so drawn. Lists of per; 28. Sec. XIII. Lists of persons entitled to draws under sons entitled tº this act, shall be made out by the inferior court of each county, be made out W.º., or such persons as they may appoint (not exceeding two to months from H.P. each battalion), within two months from the publication of ion of this . orps, this act; and said inferior courts of the several counties of this .." State, or the persons they may appoint, shall attend in each captain's district, as often as necessary, giving ten days notice of such attendance, for the purpose of taking in the names of persons entitled to draws; the names of the persons entitled shall be entered by the receivers in a book to be kept for that purpose, a transcript of which book, fairly made out, shall be transmitted to the executive, and the original deposited with the clerks of the superior court of the respective counties; and LAND LOTTERY.—1821. 205 should the inferior court of any county fail to take in such names themselves, or to make the proper appointments, by the first day of July next, then the clerk of the superior court (or his legal deputy in his absence) in such county, may make such appointments; and said receivers, before they enter upon their duties, shall take and subscribe the following oath: “I, , do solemnly swear (or affirm) that I will not re- ceive or register any name, except the person giving in shall first take the oath prescribed by this act; so help me God.” Which oath any justice of the inferior court, or any justice of the peace, is hereby qualified to administer; and the person or persons taking in names as aforesaid, shall administer to all applicants for draws, other than widows, guardians, or next of friends of orphans, the following oath, to wit: “I do solemnly swear (or affirm) that I have been three years a citizen of the United States, and have resided in this State three years im- mediately preceding the passage of this act, except absent on lawful business, and am now an inhabitant of the same ; that 1 was eighteen years of age at the time of the passing of this act; that I have (or have not) a wife and child or children ; that I have not given in my name for any draw or draws in the present contemplated land lottery in any other part of the State ; that I have not drawn a tract of land in the former lotteries in my individual capacity, or as an individual orphan, and that I did not directly or indirectly evade the service of this State or of the United States in the late wars against Great Britain or the Indians.” And all those who reside in the newly acquired territory, and who, in contemplation of this act, is entitled to a draw or draws, shall take the following oath, in addition to the one last mentioned : “That I have paid all taxes required of me, that I have not withdrawn my- self from the organized limits of this State, for the purpose of evading the laws, nor have I absconded for debt.” And all Receiver's oath. Oaths of per sons giving in for draws. guardians or next of friends of orphans, or children of convicts in the penitentiary, shall take the following oath: “And that the orphan or family of orphans, or the child or children, whom I now return, is (or are) entitled to a draw or draws under this act, to the best of my knowledge; so help me God.” The follow- ing shall be administered to all widows: “I do solemnly swear (or affirm) I am a widow, that l have resided the three last years in this State, except absent on lawful business, and am now resident in this district; that I have not put in my name for a draw in the present lottery in any other part of the State, and that I have not drawn land in the former lotteries, to the 206 LAND LOTTERY.—1821. best of my knowledge and belief; so help me God.” That all idiots and lunatics entitled to a draw or draws by this act, shall be given in for by their respective parents or guardians, who shall take the following oath: “I, , do solemnly swear (or affirm) that the person whose name I now give in, is an idiot or lunatic; that he is eighteen years of age or up- wards at the time of the passage of this act, and entitled to a draw or draws under this act, that he has not drawn land in any of the former land lotteries of this State in his name, or as an individual orphan ; so help me God.” º, 29. Sec. XIV. Immediately aſter the passage of this act, e published. . . tº his excellency the governor, shall cause the outlines thereof to be published in such of the public gazettes of this State as he may think proper, and shall require all persons entitled to draws, to give in their names to the persons authorized to re- Compensa- ceive them, and said persons taking in said names shall receive tion of per- sons taking twenty-five cents from each of said applicants for each draw. . i., 30. Sec. XV. If any person entitled by this act, to a draw having an g º º g º, or draws, should by absence or unavoidable cause, fail to give in ºtiºns his name within the time herein prescribed, it shall and may be lawful for such person to make oath of the draw or draws, to which he may be entitled, before any justice of the inferior court of the county in which he may reside, and make return thereof to the executive, at any time within one week before Any person the commencement of the drawing; and it shall and may be about leaving † lawful, for any person or persons, who are entitled to a draw neºhe or draws in said lottery, who are about leaving the State on may give in. ſº & lawful business, to take the oath prescribed by this act, and deposit the same in the clerk's office of the county where such person or persons may reside, and their names shall be regis- proviso, tered according to the provisions of this act: Provided, such person shall swear that he intends to return, and remain a citi- zen of this State. Five ºn 31. Sec. XVI. Five persons shall be appointed by joint appointed b * ballot of the legislature to superintend the drawing of the lot- #" tery, to be convened at Milledgeville, by the governor, when necessary, and that wherever this act imposes duties on the go- vernor, Surveyor general, surveyors, receivers of names, or com- missioners, such duties shall be severally performed with as little delay as possible, consistently with a due execution of this act. º 32. Sec. XVII. As soon as said lots are made out and re- turned, his excellency the governor, for the purpose of carrying the lottery into effect, shall cause the names of persons entitled LAND LOTTERY.—1821. 207 to draws, together with other designating remarks of residence, &c. to be placed on tickets as nearly similar as possible, which shall be deposited in one wheel, and the prizes on tickets of the like description, shall be deposited in another wheel, which prizes shall consist of all square lots in said territory not herein reserved; and from each wheel as nearly at the same time as may be, a ticket shall be drawn and delivered to the superin- tending managers, and so on until the whole number of prizes are drawn out, and said managers shall make due and particu- lar entry of the names so drawn out, and the prizes correspond- ing therewith, said names and prizes being first thoroughly mixed in their respective wheels; and his excellency the gover- nor is required to give three weeks notice of the commencement of the drawing. 33. Sec. XVIII. Should there be more districts than is con- templated by this act, and surveyors elected for, or in case the appointment of any surveyor should become vacant by death, resignation, or otherwise, his excellency is required to fill said vacancy; and in case any surveyor shall be found incompetent, or fail to execute the duties required of him by this act, his office shall be vacant, and his vacancy filled in like manner. 34. Sec. XIX. The surveyors to be appointed in pursuance of this act, shall, before they enter upon their duties, take and subscribe the following oath: “I, , do solemnly swear (or affirm) that I am twenty-one years of age, that I will well and faithfully, to the best of my skill and abilities, discharge the duties which may be required of me as surveyor in the territory lately acquired, so help me God;” which oath the surveyor general is required to administer. The oath to be administered to chainmen, by their respective surveyors, shall be as follows: “I do solemnly swear (or affirm) that to the best of my skill and judgment, I will measure all lines on which I may be em- ployed as chain carrier, as accurately and with as little devia- tion from the course pointed out by the surveyor as possible, and give a true account of the same to the surveyor, so help me God;” and similar oaths shall be administered by the said sur- veyors to all axmen and markers. 35. Sec. XX. All persons who may draw lands under this act shall be entitled to receive grants for the same, conveying fee simple titles on paying into the treasury of this State the sum of nineteen dollars for each tract so drawn and granted; and any person drawing and failing to take out his grant within And manner of preparing and drawing. Governor to give 3 weeks’ notice of the time of the commence- ment of the drawing. Should there be more dis- tricts than surveyors elected, or in case of a va- cancy of a surveyor, what may be done. Surveyor's oath. Chainmen’s oath. Axmen's oath. Fees on grants. Time allow- ed to take out grants. 208 LAND LOTTERY.—1821. two years from the date of Said draw,” shall forfeit the land so drawn, and the same shall revert to the State. That all re- turns made, contrary to the true intent and meaning of this act, are declared to be fraudulent ; and all grants issued in conse- quence of any draw made in the contemplated lottery, on such fraudulent return, are hereby declared to be null and void; and the lands so granted or drawn, shall revert and become the property of the State; and the question of fraud may be tried upon scire facias, to be issued from under the hands of the clerks of the superior courts of the county or counties in which the land lies, in the name of the governor of said State for the time being, upon the application of any individual against the tenant in possession of the land alleged to be fraudulently drawn, or against the drawer thereof, setting forth the circum- stances of fraud in said scire facias especially, and upon the re- turn of said Scire facias with an entry thereon of service effected by any sheriff of any county of this State, by leaving a copy thereof with the person named as defendant, or at his or her motorious place of abode, or by a return of such sheriff, that the defendant is not to be found, upon which return the court is authorized to have service perfected by an order for a three months publication in one or more of the public gazettes of this State, which rule, when duly published, shall be considered as sufficient service to authorize an issue to be made up under the direction of the court to try the question of fraud. And in case the jury shall find the return fraudulent, the court shall by judgment pronounce the grant issued on such return and draw to be void, and order it cancelled; which judgment, when trans- mitted to the surveyor general's office and secretary of state's office, and entered of file there, shall be of sufficient authority to those officers to cancel the plots and grants from such fraud- ulent draws, from their offices respectively: And the land, when condemned, shall belong one half to the State, and the other half to the informer, and subject to be laid off between the in- former and State by writ of partition to be issued under the direction of the superior court of the county in which the land lies;f and to the proceedings of said writ of partition on be- half of the State, it shall be the duty of the solicitors in the re- spective circuits to attend: And when the lands are so laid off, the informer shall be entitled to a plot and grant for his share, What returns declared fraudulent. IHow fraud may be tried. And if con- demned, what nuust be done. The land condemned shall belong one half to the state and the other half to the informer. How divided. * But see time extended from year to year down to 1829. f The mode of pal titioning such lands is provided for. See sec. 75. LAND LOTTERY.—1821. 209 upon the payment of the legal office fees: Provided nevertheless, * that no return made by or in behalf of any orphan or orphans shall be pronounced fraudulent until his, her or their legal guar- dian shall have been made a party to the Scire facias, or other discreet person appointed by the court in which the case is tried, to defend the case for the said orphan, or orphans: And ºt provided also, the proceedings under this section take place within seven years from the date of the drawing.” 36. Sec. XXI. No case after being commenced as afore- :::::::::::: said by scire facias, shall be settled or compromised by the in- flººr former, or otherwise disposed of to the prejudice of the State; º and in case it is, said land shall be liable to be returned by any other informer in manner above prescribed, and division made thereof accordingly. Sec. XXII. [Setting apart a reserve on the opposite side of the Ocmulgee river, and adding the same to the reserve at Fort Hawkins. Temporary.] Sec. XXIII. [Temporary.] Sec. XXIV. [Temporary.] An Act to amend an Act, entitled, “An Act to dispose of and distribute the Lands lately acquired by the United States for the use of Georgia, of the Creek Nation of Indians, by a Treaty made and concluded at the Indian Spring, on the eighth day of January, eighteen hundred and twenty-one, and to add the reserve at Fort Hawkins to the County of Jones.”—1821. P. 8. Whereas, it appears from the communication of his excel- lency the governor, that fifty lots of land remain undisposed of which were subject to have been drawn for in the last land lottery: 37. Sec. i. Be it enacted, &c. That it shall be the duty of . or to furnish the commis- his excellency the governor, and he is hereby required, with ...". the least possible delay, to furnish the commissioners of the . º e * s Th is- present land lottery with a list of the aforesaid fifty lots, and jº" cause them that it shall be the duty of said commissioners, on the receipt tº of such list, immediately to cause the said lots to be placed in " the wheel. the wheel containing prizes; and such lots shall be subject to be drawn for in the manner prescribed by law for the drawing of the present lottery. * See sec. 100, limiting the time to 1st day of July, 1825. 27 210 LAND LOTTERY.—1821. Judgment creditor may take out a grant, and have the land levied on and sold, and the levying offi- cer shall en- dorse the fee of the grant as the bill of cost, which shall be paid after the cost which have already ac- crued. Such land so drawn may be subject to attachment. The fees on the grant how to be paid. Proviso. An Act to indemnify the Creditors of fortunate Drawers in the several Land Lotteries of this State, in taking out the Grants for the Land which shall have been or may be drawn by such fortunate Drawers.-Passed 16th May, 1821. P. 13. 38. Sec. 1. Be it enacted, &c. That from and immediately after the passing of this act, in all cases where there shall be a subsisting judgment against any person or persons who has drawn or may draw a lot or lots of lands, and no other pro- perty can be found, it shall be lawful for the judgment creditor to take out the grant or grants for such tract or tracts of land, so that the same may be subject to such judgment, and the cost of taking out such grant or grants, shall be by the officer levying on such land charged on the bill of costs, which shall be paid next in order after the costs which may have already accrued. 39. Sec. II. When any fortunate drawer in any of the land lotteries of this State shall place himself in such situation that his property would be subject to attachment, and no other property can be found, it shall and may be lawful for any cre- ditor of such fortunate drawer to take out the grant or grants of such fortunate drawer, so as to subject the land so drawn to the process of attachment; and the cost of taking out such grant, shall, after judgment, be by the proper officer taxed in the bill of costs, and shall be charged and payable in the man- ner pointed out in the first section of this act: Provided, that the creditor shall in all cases produce to the proper officer a receipt or certificate from the treasurer of this State, specifying that such creditor has paid the grant fees. An Act supplementary to an Act to authorize certain Commis- sioners to sell and dispose of the fractional parts of Surveys !ying in the Counties of Appling, Irwin, Early, Teſſair, Wal- ton, Gwinnett, Hall, Habersham, and Rabun.”—Passed 16th May, 1821. P. 14. 40. Sec. I. Be it enacted, &c. That the commissioners ap- pointed by virtue of the before recited act, in the discharge of their duty in exposing to sale the fractions in the several coun- ties aforesaid, shall not dispose of or sell any fractional survey in the county of Appling, on dry lines, for a less sum than fifty The commis- sioners not to sell certain lands when they do not bring certain prices. * See sec. 1, title Land Lottery. LAND LOTTERY.—1821. 211 cents per acre, and on water courses, for a less sum than two dollars per acre; in the county of Irwin, on dry lines, for not less than fifty cents per acre, and on water courses, for a less sum than two dollars per acre ; in the county of Early for not less than two dollars per acre ; in the county of Telfair, for a less sum than two dollars per acre; in the county of Walton, on dry lines, for a less sum than one dollar per acre, and on water courses, for a less sum than two dollars per acre; in the county of Gwinnett, on dry lines, for a less sum than one dollar per acre, and on water courses, for a less sum than two dollars per acre; in the county of Hall, on dry lines, for a less sum than fifty cents per acre, and on water courses, for a less sum than two dollars per acre; in the county of Habersham, on dry lines, for a less sum than fifty cents per acre, and on water courses, for a less sum than two dollars per acre; in the county of Rabun, on dry lines, for a less sum than fifty cents per acre, and on water courses, for a less sum than two dollars per 3.Cre. º 41. Sec. II. Any fractional surveys which may remain unsold at the commissioners’ sale aforesaid, and which may be in the possession or cultivation of any tenant or tenants, may by said commissioners be rented to said tenant or te- nants for one year from the time of said sales, for such sum as said commissioners may consider reasonable, Securing the same by bond and security. And said commissioners are fur- ther authorized to collect or secure the payment of any rent which may be demandable from said tenants, accruing pre- vious to said sales. An Act to point out a more capeditious method of partitioning such Lots of Łand as have or may be declared fraudulent Draws by judgment of Court, pursuant to an Act passed the fifteenth of December, eighteen hundred and eighteen, and to vest the titles to the same in the several County Academies in this State.—Passed 7th December, 1821. P. 12. Whereas, the twenty-first section of the act passed the fifteenth day of December, eighteen hundred and eighteen, entitled, “An Act to dispose of and distribute the late cession of land obtained from the Creek and Cherokee nations of In- dians by the United States, in the several treaties, one con- cluded at Fort Jackson, on the ninth of August, eighteen hundred and fourteen; one concluded at the Cherokee Agency, on the eighth of July, eighteen hundred and seventeen; and The commis- sioner's pow- erand duty in renting lots not sold. And securing the amount for previous rentS. 212 LAND LOTTERY.—1821. one concluded at the Creek Agency, on Flint river, the twenty- second of January, eighteen hundred and eighteen,” provides that all returns made, contrary to the true intent and meaning of said act, shall be declared fraudulent, and the grants issued in consequence of any draw on such fraudulent return, null and void, and the lands so granted revert and become the property of the State. And whereas, no provision has been made for partitioning such lots as have or hereafter may be declared fraudulent draws under said act, and the titles thereto having been vested in the several county academies by an act passed the twenty-first of December, eighteen hundred and twenty, without pointing out in what method said titles should be perfected; for remedy whereof: 42. Sec. I. Be it enacted, &c. That from and after the passing of this act, it shall and may be lawful, in all cases where judgment has been obtained in terms of the said twenty- first section of said recited act, at the instance of any informer, for the said informer, his or her special agent or attorney, on giving twenty days notice to the Solicitor general of the circuit where such land may lie, to apply to the judge of the superior court, either at term time, or at chambers, for a writ of parti- tion, to be devised and framed by said court, according to the nature of the case, and on proof of said notice having been given and the record of such recovery submitted to said judge, it shall be his duty thereupon to issue a writ of partition, directed to the sheriff of the county where such land may lie, and any eleven persons whom the court shall think fit, requir- ing them, or a majority of them, to make partition of said tract of land between the said informer and the said several county academies of this State, they being first sworn in court, or before one of the justices of the inferior court or justices of the peace, duly and impartially to execute such writ, and an impartial par- tition make thereof, having due regard to quantity and quality, according to the best of their knowledge, and shall make return thereof, under their hands and seals, in two months after the issuing of said writ, there to remain of record, which partition or division so to be made, shall by the judgment of said court be final and conclusive to all parties concerned : Provided, if the informers or the Solicitor, or other person act- ing as agent or attorney for the Several county academies, or either of them, shall, during the term of said court to which The mode of obtaining writs of par- tition to di- vide lands condemned as being fraudulently drawn : between the informer and the county academies Partitionel's oath. Proviso, * For this act see Prin. Dig, p. 301, sec 21 # See Academies, sec. 1. LAND LOTTERY.——1821. 213 said partition may be returned, apply themselves to the court, and by motion show a good and probable matter in bar of such partition, then, and in such case, the court shall award a new writ of partition, to be directed and executed as before provided, and the same proceeding had thereon, which return shall be held and considered final and conclusive between the parties. 43. Sec. II. The part of such tracts of land as may be as ſº signed to the several informers and county academies by virtue “* of this act, is hereby vested, and the titles thereto rendered complete by the judgment of the superior court on said writ of partition, as fully as if a grant had originally issued in favour said informer and the said county academies. An Act to relieve certain fortunate Drawers in the present Land Lottery now drawing.—Passed 22d December, 1821. P. 47. Whereas, it is fully believed that many mistakes from bad spelling, and transcribing the names of persons, entitled to a draw or draws in the said land lottery, does and may exist, to wit, in the counties of Dooley, Houston, Monroe, Henry and Fayette; for remedy whereof: 44. Sec. I. Be it enacted, &c. That whenever it shall ap- ºr pear by comparing the reports of the commissioners, and the ..., entries made by their clerks, with the original return, from any ...” of the counties in this State, showing that the legitimate drawer "* is not properly entered, then and in all such cases, it shall be the duty of his excellency the governor, and he is hereby re- quired to order such alteration made, so as to secure the bona fide drawer in his right, his heirs or devisees, according to the justice of the case. And all grants which may issue in conse- quence of such mistakes, thereby be declared null and void: Provided, nevertheless, should the holders of such grant or grants proviso. issued through mistake, return the same to the executive cham- ber, his excellency the governor is authorized and required to refund to each grant holder the sum and amount of money paid as office fees, and he then shall cause the true name to be in- serted therein, in the records of the different offices, which grants shall be good and valid in law; any law to the contrary notwithstanding. 45. Sec. II. His excellency the governor be, and he is ºf hereby authorized to cause lot number thirty-six in the ninth .ºlera- district in the county of Dooley, to be granted to the person who has or may draw number forty-six, in said district and 214 LAND LOTTERY.—1822. county, the latter being a fraction though returned as a square in place of the former, by accident or mistake. An Act to authorize any person or persons, citizens of this State, who shall apply at the necessary offices, to take out and receive in his, her or their own name or names, a Grant, or Grants for any fractional lot or lots of land in the county of Wayne, and fraction No. 333, in the 20th district of Baldwin county, that Temain unsold, on the payment of the sum of ten dollars on each Grant.—Passed December 19th, 1822. P. 29. Any citizen 46. Sec. 1. Be it enacted, &c. That from and immediately of this state ºut after the first day of May next, it shall and may be lawful for Certain grani, after any person or persons, citizens of this State, who may apply at a certain jºint, the necessary offices, to take out and receive in his, her, or their ºfficeio own name or names, a grant or grants for any fractional lot or lots of land in the county of Wayne, and fraction No. 333, con- taining two and an half acres, in the 20th district of Baldwin county, that remain unsold, on the payment of the sum of ten dollars on each grant. tºº. 47. Sec. II. The several statehouse officers are authorized tº to receive their lawful fees, as a compensation for their services, on each grant when granted, to be deducted out of the afore- said sum of ten dollars for each grant, any law to the contrary notwithstanding. An Act to lay out a Town on the Reserve on the Ocmulgee river, and to dispose of part of the lots in said Town, and also to dis- pose of the fractional lots of land in the territory lately ac- quired from the Creek and Cherokee Indians.—Passed 23d December, 1822. P. 112. [The first four sections of this act relates entirely to the lay- ing off and selling lots in the town of Macon, which is deemed local; however, reference may be had to them in page 112, acts of 1822.] Fivecommis. 48. Sec. W. There shall be elected by joint ballot of the sioners to be *...* legislature during the present session, five commissioners: they tº or a majority of whom shall proceed agreeable to the provi- sions of this act, to sell the fractional parts of Surveys, lots and all the islands in the Oconee, Ocmulgee, Flint and Alatamaha rivers and within the streams emptying into the same, which are not included within the lines of any lot in the counties of Henry, Fayette, Newton, Monroe, Houston, Dooley, De Kalb, LAND LOTTERY.—1822. 215 Bibb, Pike, Crawford, Irwin, Early, Telfair and Appling, with the exception of those lying adjoining the reserve on the Ocmulgee, which said fractions shall be sold at the town of º Milledgeville commencing on the first Monday in November ville. next, and continuing from day to day (Sundays excepted), until all the fractions lying in the aforesaid counties, except as heretofore excepted, are sold : Provided, nothing herein con- tained shall authorize the commissioners aforesaid to commence said sales at an earlier hour than ten o’clock, in the forenoon, or continue beyond the hour of three o'clock in the afternoon. 49. Sec. VI. The said commissioners shall, before they enter ..." ers to give on the duties required of them by this act, give bond with two ..." security in the sum of or more good and sufficient securities, for the sum of twenty jis. thousand dollars each, payable to his excellency the governor for the time being and his successors in office, which said bond shall be taken by the governor or any two or more justices of the inferior court, where the said commissioner may reside, which said bond shall be deposited in the executive office. And the said commissioner shall, moreover, take and subscribe the following oath, to be endorsed on the back of said bond: “I do Their oath. Solemnly swear that I will faithfully perform all the duties re- quired of me as a commissioner, agreeable to the true intent and meaning of the act to lay out a town on the reserve on the Ocmulgee river, and to sell the fractions, lots and islands in the territory acquired from the Creek and Cherokee Indians; that 1 will further make a just and true return of my proceedings within thirty days after the expiration of said sales, and that I will, moreover, pay over to the treasurer of this State within the afore- said time, all moneys received by me on account of said sales.” 50. Sec. VII. The highest bidder for any fraction or frac- tions, lot or lots, or islands authorized to be sold by this act, The purchas- shall be the purchaser, whoshall pay to the commissioners afore tº said, one-fourth part of the purchase money in cash or bills of cash. the chartered banks of this State. On the payment of which The commis. the said commissioners, or a majority of them, shall give to such tº i. purchaser a purchaser a certificate, stating the amount paid and the amount i...ºf earn Oulnt of said purchase money then due, and to be paid in three equal ºf chase money annual instalments, ºanºthen 51. Sec. VIII. Any purchaser failing to pay any instal- ºr tº i º º failing to pay ment to the treasurer, within sixty days after they become due, . ment within shall forfeit the amount paid, and said lands, other than town ...” lots, shall revert to, and become the property of the State. ºthe 52. Sec. TX. When the last instalment is paid agreeable to the face of Said certificate given by the commissioners afore- 216 LAND LOTTERY.—1822. When the last instal- ment is paid, the governor may cause a grant to is- SUies Amount of office fees. Purchaser failing to comply with the terms of sale, what may be done. The surveyor general to furnish the commission- ers with maps of the lots, &c. In what or- der the loſs, &c. are to be offered. The commis- Sioners to ad- vertise their sales. The governor to furnish them with a list of certain lots of land. Proviso. The certifi- cates trans- ferable. said, it shall be the duty of his excellency the governor to cause a grant or grants to be made out in the name of the holder of said certificate, agreeably to the laws now in force regulating grants, which said grant shall be given to the holder of said certificate or certificates on his paying the sum of ſour dollars fifty cents for office fees. 53. Sec. X. Any person or persons bidding for fractions, lots or islands as aforesaid, and failing to comply with the pro- visions of the seventh section of this act, shall forfeit the right of having any further bids cried by the commissioners, and said Commissioners shall, on the next day of sale put up and offer said fractions, lots or islands for sale, as though it had not been previously bid off. 54. Sec. XI. The surveyor general shall furnish the com- missioners twenty days previous to the commencement of said Sale, with a map of the aforesaid fractional surveys, lots or isl- ands intended by this act to be sold, and with the number of each lot of land adjoining said fraction, for which he shall re- ceive an adequate compensation, to be adjudged of by the legislature. 55. Sec. XII. The said commissioners shall commence the sale of said fractions, lots and islands aforesaid, by offering for sale the lowest numbered fraction, in the lowest numbered dis- trict, in numerical order, and so on in said counties, in the order they are mentioned in the fifth section of this act, which said commissioners shall receive for their services four dollars each per day for the time they are employed in discharging the duties required of them by this act. 56. Sec. XIII. The said commissioners shall advertise in one of the public gazettes of Savannah, Augusta, and Milledge- ville, thirty days before the commencement of said sales, the time of their commencement, specially pointing out the days on which the fractional surveys, lots and islands in each district will be offered for sale. 57. Sec. XIV. The governor shall be and he is hereby re- quired to furnish the commissioners aforesaid with a list of all lots of land authorized to be drawn for in the late land lotteries and not drawn, which shall be offered for sale at the same time and place, agreeable to the provisions of this act: Provided, nothing herein contained shall be so construed as to authorize the sale of any fractional surveys on the Florida line, or lots numbers ten and one hundred heretofore reserved. 58. Sec. XV. The certificates granted under this act shall be transferable, and any legal holder of any certificate, for any LAND LOTTERY.—1823. 217 fraction or fractions, square lots, or lots, or islands, shall be au- thorized on paying into the treasury of this State, the full amount of the purchase money, to have the interest of the amount un- paid deducted from the original amount, and on producing the treasurer's receipt, he shall be entitled to receive a grant for the same, on the payment of the office ſees provided by this act. Sec. XVI. [Repeals all laws repugnant to this act.] An Act to legalize certain drawers of fractions in the late Land Lollery of this State, and to vest the title thereof in the per- Sons drawing the same.—Passed 2d December, 1823. P. 92. Whereas, owing to mistake of some of the officers of the State, several numbers of fractions were placed in the wheel and were drawn as prizes, in the land lottery authorized by an act of the legislature, passed on the fifteenth day of May, eigh- teen hundred and twenty-one : And whereas, said fractions cannot be granted to the persons who drew them, according to the provisions of said act, and manifest injustice would be done by depriving the drawers of the benefit of their draws, when their names were not returned to the wheel previous to the completion of said drawing: for remedy whereof, 59. Sec. I. Be it enacted, &c. That all persons who, accord- ing to the provisions of said act, were entitled to, and gave in for, a draw or draws in said lottery, and who may have drawn a fraction or fractions, shall be entitled to receive grants for the same, conveying fee simple titles, on paying into the trea- sury of this State the sum of twelve dollars, for each fraction So drawn and granted; and any person who may have drawn as aforesaid, and who may fail to take out the grant within one year from the passage of this act, shall not be entitled to the benefit thereof, but shall forfeit their right to said draws. 60. Sec. II. The provisions of this act shall not be con- strued as to extend to those who may have drawn a fraction or fractions, and whose names were afterwards returned to the wheel previous to the completion of the drawing of said lottery. 61. Sec. III. The sales of all fractions drawn as aforesaid, be, and the same are hereby suspended; and that all laws and parts of laws militating against this act, be and the same are hereby repealed. Grant may be issued to the legal holder. Certain per- sons who drew frac- tions may take out grants for the same on paying 12 dolls. Must take out the grant within 12 months from the passage of this act, or shall not be entitled to do SO. If their names have been return- ed to the wheel they cannot take out the grant for any frac- tion by them drawn. The sales of fractions so drawn shall be suspended. 28 218 LAND LOTTERY.—1823. An Act to sell and dispose of the fractional parts of Surveys of Land which remain unsold in the counties of Walton, Gwin- nett, Hall, Habersham and Rabun, and also all such parts of lots of Land as have been forfeited to the State, as having been fraudulently drawn.—Passed 20th December, 1823. P. 94. ... 62. Sec. I. The sheriffs of the aforesaid counties are hereby to advertise ..., authorized and required to advertise and expose for sale to the and parts of *...* highest bidder, agreeable to the provisions of this act, all the l l e & wº tº ... ºn fractional parts of surveys of land which remain unsold in each fraudulently wº sº drawn. of the several counties aforesaid, and also all such parts of lots of land as have been forfeited to the State as having been fraud- ulently drawn. ºº: 63. Sec. 11. The highest bidder for any of the aforesaid frac- er shall pay g :... tions, and also all such parts of lots of land as have been for- in cash or ... feited to the State, as having been fraudulently drawn, shall be *...*.* the buyer, who shall pay to the sheriff aforesaid one-fourth of heri & tº tº the purchase money in cash, or bills of the chartered banks of h e tº º g º ; this State, on the payment of which the said sheriff shall give stating the amount paid to such purchaser a certificate, stating the amount paid, and and the amount due the amount of said purchase then due, and to be paid in three equal annual instalments. Purchaser 64. Sec. III. If any purchaser shall fail to pay to the trea- failing to pay º g ... surer any instalment at the time the same may become due, ment due, * e * .*.* or within sixty days thereafter, he shall forfeit the sum paid, and the land revert to, and become the property of the State. When the 65. Sec. TV. When the last instalment is paid agreeable last instal- *... to the face of said certificate given by the sheriff aforesaid, it the governor .* shall be the duty of his excellency the governor to cause a grant grant to is- §.nice to to be filled up in the name of the holder of the said certificate, *** on his or their paying the sum of four dollars. The surveyor 66. Sec. V. The surveyor general shall furnish each of the general’s du- g e e tº ºut. several sheriffs of the counties aforesaid, with a copy plot of the | I & tº * & plots. several fractional surveys of land which remain unsold in the county of which he is sheriff, at least twenty days before the day of sale, for which he shall receive an adequate compen- sation. ...” 67. Sec. VI. The sheriffs aforesaid shall advertise in one sale. of the public gazettes in the city of Augusta, and Milledgeville, and at their respective court houses at least thirty days before the day on which the fractions aforesaid, and also all such parts of lots of land as have been forfeited to the State as having been fraudulently drawn, will be offered for sale, setting forth the LAND LOTTERY.—1823. 219 numbers of said fractions, the district, the quantity of acres in each, the hours on which the sale will commence and close. 68. Sec. VII. The certificates granted under this act shall ..., be transferable, and any legal holder thereof on paying into the * treasury the balance due thereon, shall be entitled to a grant for the same on paying the office fees aforesaid. 69. Sec. VIII. The sheriffs aforesaid shall within forty days ...” duty in making a re- after their sales, make a report of their proceedings to the trea- . Surer of this State, and pay into the treasury the money received, and deposit a schedule of the fractions sold, and also all such parts of lots of land as have been forfeited to the State as hav- ing been fraudulently drawn, the amount of sales, cash received, and balance due for each fraction, and from whom ; and the ºpen- said sheriff shall receive as compensation for his services five per cent, on the amount of his sales, to be drawn for by war- rant from his excellency the governor on the treasury of this State. 70. Sec. IX. The sheriffs aforesaid shall, before entering on ... the duties required by this act, give to his excellency the gover- ..." mor, bond with approved security, in the penal sum of ten thou- "* sand dollars, faithfully to perform said duties. 71. Sec. X. His excellency the governor be and he is hereby hº authorized and required within sixty days after the passage of iº. this act, to forward to the justices of the inferior court of the se- * veral counties aforesaid bonds, to be filled up in their presence, or in the presence of any two of them, by the said sheriffs, im- mediately after which the sheriffs aforesaid shall proceed to the duties required by this act. An Act to sell and dispose of Lots numbers ten and one hundred, reserved by the Land Lottery act, passed the fifteenth day of December, eighteen hundred and eighteen, for the Education of Poor Children.—Passed 22d December, 1823. P. 96. 72. Sec. 1. The sheriffs of the different counties be, and they Thesheriffs to advertise and are hereby authorized to advertise and expose to sale the lots . numbers ten and one hundred, in the several districts in the tºtal coun- counties of Walton, Newton, Gwinnett, Hall, Habersham and Rabun, in the manner and under the same restrictions as are prescribed by an act, entitled an act to sell and dispose of the fractional parts of surveys of land which remain unsold in the the counties of Walton, Gwinnett, Hall, Habersham and Ra- bun. [The foregoing act.] 73. Sec. II. The sheriffs shall also pay over and deposit 220 LAND LOTTERY,-1824, 1825. º with the treasurer of this State, the proceeds of the sales of said tº lots, to be by him annexed to and become a part of the poor treasurer, &c. School fund. 74. Sec. III. All laws and parts of laws militating against this act, be and the same are hereby repealed. An Act prescribing the mode of partitioning such lots of Land drawn in the Land Lottery, authorized by an Act passed the fifteenth day of May, eighteen hundred and twenty-One, as have been, or may [have been] declared by judgment of Court, to be fraudulently drawn.—Passed December 7th, 1824. P. 70. Tºof 75. Sec. I. The provisions of an act passed the seventh day all Cl COll- demned as of December, eighteen hundred and twenty-one, entitled an fraudulent tº act to point out a more expeditious method of partitioning such the act of the łºś. lots of land as have or may be declared fraudulent draws by º, judgment of court, pursuant to an act passed the fifteenth day j" of December, eighteen hundred and eighteen, to vest the titles 1821, to the same in the several county academies in this State,” be and the same are hereby extended to the partitioning of such lots of land drawn in the land lottery, authorized by an act passed the fifteenth day of May, eighteen hundred and twenty- one, as have, or may be declared by judgment of court fraudu- lently drawn. Sec. II. [Repeals all laws repugnant to this act.] An Act to dispose of and distribute the Lands lately acquired by the United States for the use of Georgia, of the Creek ma- tion of Indians, by a Treaty made and concluded at the In- dian Spring, on the twelfth day of February, eighteen hundred and twenty-five.—Passed June 9th, 1825. P. 3. .* 76. Sec. 1. Be it enacted, &c. That the territory acquired ** of the Creek nation of Indians, by the United States for the use of Georgia, as described in articles of a treaty entered into and concluded between commissioners on part of the United States, and the chiefs, headmen, and warriors of the Creek nation of Indians, at the Indian Spring, on the twelfth day day of Febru- ary, eighteen hundred and twenty-five, shall form and be di- *****on vided into five sections, as follows, to wit: All that part of said territory which lies south of a line commencing on Flint river, * For this law see sec. 42. LAND LOTTERY.—1825. 221 opposite where the line dividing the counties of Houston and Dooley strikes said river, and running due west to the Chatta- hoochie, shall form what shall be called section the first, and ;..." risdiction the criminal jurisdiction thereof shall be attached to the county ...ou. of Dooley. All that part of said territory which lies north of §cond see. the line aforesaid, and south of the line commencing on Flint" river, opposite where the original line dividing the counties of Monroe and Houston, and running due west to the Chattahoo- chie river, shall form the second section; and the criminal ju- Gºju- risdiction risdiction thereof be, and the same is hereby attached to the ºl. Houston. county of Houston. And all that part of said territory which Third sec. lies north of the line last aforesaid, and south of a line com-" mencing on the Flint river, where the original line dividing the counties of Henry and Monroe strikes said river, and running due west until it strikes the Chattahoochie river, shall be, and Criminal ju- risdiction the same is hereby called the third section, and the criminal jº jurisdiction thereof attached to the county of Pike. And all Fourth sec. that part of said territory which lies north of said line and east" of the Chattahoochie river, shall form the fourth section, and Criminal ju- the criminal jurisdiction thereof shall be attached to the county º of Fayette. And all that part of said territory lying west of the ºnsection. Chattahoochie river, and east of the dividing line between this State and the State of Alabama, shall form the fifth section, criminal jurisdiction and the criminal jurisdiction thereof shall be attached to the tºo county of Pike. † 77. Sec. II. Each of the sections hereinbefore laid out and Sections di- vided into described, shall be divided into districts of nine miles Square as *::::: near as practicable, the district lines running parallel to the lines dividing sections, and crossed by others at right angles; and ..." divided into said districts so laid out, shall be again subdivided by lines to ...” tainin be run in like directions into square tracts, containing each two “” #acres. hundred two and one half acres, marked and numbered accord- ing to the plan heretofore pursued under the instructions of the surveyor general. 78. Sec. III. The fractional parts of surveys which may be lºº to be reserv- created by the divisions and subdivisions aforesaid, shall be re- ..." " US6S. served for public uses, and be disposed of as a future legislature may direct. 79. Sec. IV. One hundred district surveyors shall be ap- ºil. surveyors ap- pointed by joint ballot of the legislature, in one general ticket; Pº" and the person having the highest number of votes shall be en- ...” “ to take titled to the first choice of districts, and in the same order agree- ... ** ably to the number of votes each surveyor may receive; and in case a tie between any number of Surveyors, then prefer- 222 LAND LOTTERY.—1825. ence in choice shall be decided by lot in presence of the sur- veyor general. ..., 80. Sec. V. Ten persons shall be appointed by joint ballot tºp- of the legislature, neither of whom shall be a district surveyor, to run and plainly mark the several districts, reserve and sec- §ie tional lines hereinbefore directed, whose duty shall be appor- º: tioned by the Surveyor general as nearly equal as practicable; and that no ticket shall be counted unless it contains the names of ten persons. * Nº. ºo 81. Sec. VI. No ticket for district surveyor shall be counted be counted ... unless it contains one hundred names. Any person elected a 100 names. #.5 surveyor, who shall fail to perform the duties of his office, as '..." required by the provisions of this act, shall be considered as for- feiting his bond, and himself, and his securities immediately lia- ble therefor. ... 82. Sec. VII. The surveyors respectively shall give bond ors to give †: in the sum of ten thousand dollars to the governor and his suc- .”” cessors in office, with such security as he, or a majority of the justices of the inferior court of the county in which such surveyor 3. * may reside, shall approve, conditioned for the faithful perform- ance of the duties required of them by this act, which bond shall be deposited in the executive office. The survey: 83. Sec. VIII. It shall be the duty of the surveyors ap- ors to make iº, pointed in pursuance of this act, to make the surveys of the in their own º, sections, reserves, and districts, to which they may be appoint- .." ed., in their own proper person, to mark, or cause to be marked, plainly and distinctly, upon trees, if practicable, otherwise on posts, all stations and all lines which they may be required to run for the purpose of making the surveys of their respective sections, reserves, and districts, immediately upon being re- quired so to do by the surveyor general, to cause all such lines to be measured with all possible exactness, with a half chain containing thirty-three feet, divided into fifty equal links, which shall be adjusted by the surveyor general, according to the standard in his office; to take as accurately as possible the meanders of all water courses which shall form natural boun- daries to any of the surveys; to note in field books to be kept by them respectively, the names of the corner and station trees, which shall be marked and numbered under the direction of the surveyor general; also all rivers, creeks, and other water courses which may be touched upon or crossed in running any of the lines aforesaid, transcripts of which field books, after being compared with the originals by the Surveyor general, and certified and signed on every page by the surveyor returning LAND LOTTERY.—–1825. 223 the same, shall be deposited in the surveyor general's office and become a record; and the district surveyors shall make return of their surveys and works within ninety days from the time they are notified to enter upon the discharge of their duties, containing a map of their district, in which shall be correctly represented and numbered all lots and fractions of said district, and water courses therein delineated, as the sur- veyor general may direct, and also return at the same time a detached plot of each lot and fraction which said district may contain, certified and signed by the surveyor, which plot shall be filed among the records of the surveyor ge- neral's office, and from which copies shall be taken to be annexed to grants; and said surveyors shall conform to such instructions as they may receive from time to time from the surveyor general during their continuance in office: Pro- vided, the same do not militate against this act. And the surveyors appointed to lay out section, reserve, and district lines, shall make return of their work to the surveyor general within sixty days from the time they shall be required to enter upon the duties of their office, of all such surveys as shall have been made on the east side of the Chattahoochie river; and as to the remainder of the territory, within sixty days from the notification of the running of the line between this State and Alabama. 84. Sec. TX. The district surveyors to be appointed by this act, shall receive three dollars for every mile that shall actually be run or surveyed, as a full compensation for the services required of them by this act, out of which they shall defray the whole of the expenses incident to their offices; and his excellency the governor is hereby authorized and required to issue his warrant on the treasury in favour of each of the aforesaid surveyors, upon his being called into service, to the amount of three hundred dollars, to enable him with the less delay to enter upon his duties, and the balance to which the surveyor may be entitled, shall be paid to him in like manner, upon his producing a certificate from the surveyor general setting forth a performance of the work, and the amount due. 85. Sec. X. The surveyors who may be appointed to run Section, reserve, and district lines, shall receive three dollars and fifty cents for every mile they may run and survey, as a full compensation for their service, out of which all incidental expenses shall be paid; and the governor is required to issue his warrant on the treasurer in favour of each of said surveyors, Proviso. District sur- veyor's com- pensation. 300 dolls. in advance. Sectional surveyors’ compensa- tion. 300 dolls. in advance. 224 LAND LOTTERY.—1825. How the ter- ritory is dis- posed of and distributed. Who entitled to draws. Proviso. for the sum of three hundred dollars, upon being called into service, and in like manner to pay any balance which may be due when the work is completed; and the surveyor general shall certify the same. 86. Sec. XI. The territory acquired as aforesaid shall be disposed of and distributed in the following manner, to wit: After the surveying is completed and return made thereof, his excellency the governor shall cause tickets to be made out, whereby all the numbers of lots in the different districts in- tended to be drawn for shall be represented; which tickets shall be put into a wheel, and constitute prizes. The follow- ing shall be the description and qualifications of persons enti- tled to give in their names for a draw or draws under this act: every male white person of eighteen years of age and upwards, being a citizen of the United States, and an inhabitant within the organized limits of this State three years immediately pre- ceding the passage of this act, including such as have been absent on lawful business, shall be entitled to one draw ; every male person of like description having a wiſe or legitimate male child or children under eighteen years of age, or unmar- ried female child or children, resident as aforesaid, or who were born and have ever since resided in this State, shall have two draws; all widows with like residence shall be entitled to one draw ; and wives and children in this State of persons who have been absent from this State three years, shall be on the same footing as to draws as if the said husband was dead, and the title to such lots as said females or children may draw be vested permanently in them, as though they were widows and orphans; all families of orphans resident as aforesaid, or who have resided in this State from their birth, under the age of eighteen years, except such as may be entitled in their own right to a draw or draws, whose father is dead, shall have one draw ; all families of orphans consisting of more than two, shall have two draws—but if not exceeding two, then such orphan or orphans shall be entitled to one draw, to be given in in the county and district where the eldest of Said orphans, or where the guardian of the eldest, resides: Provided, that should such guardian, or such orphan or orphans, or the eldest of such orphans, reside within the organized limits of this State, then such draw or draws shall be given in in the county in which such guardian may reside, or such orphan or orphans, or the eldest of such orphans, may reside; all widows of like residence, whose husbands were killed or died in the service of their country, or on their return march, in the late wars LAND LOTTERY.—1825. 225 against Great Britain or the Indians, shall be entitled to a draw exclusive of that otherwise allowed by this act to widows; all orphans whose fathers were killed or died in the service of their country, or on their return march, in the late wars against Great Britain or the Indians, shall be enti- tled to a draw exclusive of that otherwise allowed by this act to orphans; and all men who have been wounded or disabled in the late war with Great Britain or the Indians, so they are not able to procure a competency for support, in consequence of their wounds, be allowed one draw in addition, and they shall take the following oath in addition: “I do solemnly swear, that I was wounded in the late war with Great Britain and the Indians, and am so disabled by the same that it ren. ders me unable to procure a support by my labor:” Provided, that nothing herein contained shall be so construed as to enti- tle any person or persons to a draw or draws in the present contemplated land lottery, who may have been fortunate drawers in any previous land lottery, except such persons as have drawn land as one of a family of orphans, and who have arrived at the age of eighteen, but such person shall be enti- tled to one draw, and the remainder of such families of orphans shall be entitled to one draw: And provided, that all widows of revolutionary soldiers shall have one draw in addition to those already contemplated by this act: and that all revolu- tionary soldiers who were not fortunate drawers as revolution- ary soldiers in the late land lottery, shall be entitled to two draws as revolutionary soldiers, and those who drew one tract of land in the former lottery as revolutionary soldiers, one draw: Provided, that the citizens of this State who come under this act as above contemplated, and who volunteered or were legally draſted in the late war against Great Britain or the Indians, and refused to serve a tour of duty either in person or by substitute, or who may have deserted from the service of this State or of the United States, shall not be entitled to the provisions of this act as above contemplated, nor any of those who illegally avoided a draſt, by removal or otherwise; and that no person, or persons who have removed from the orga- nized limits of this State for the purpose of avoiding the laws of this State, or who have absconded for debt, shall in no wise be benefited by this act, and who have not paid all taxes required of them. In case any land is drawn by minors, the grant shall issue accordingly upon payment of the usual ſees: Provided also, nothing herein contained shall be construed to 29 226 LAND LOTTERY.—1825. No convict in the peni- tentiary to have a draw. Proviso. Proviso. Who shall take in the draws. Receivers’ duty in at- tending in each district, &c. Receivers’ oath. exclude such persons as by the provisions of this act are allow- ed a draw or draws. * 87. Sec. XII. [This section repealed by act of 1826, p. 109, except the following clause, to wit:] It shall be illegal for any magistrate or person authorized to administer an oath, to ad- minister an oath to any person selling his chance or chances, lot or lots. 88. Sec. XIII. Nothing herein contained shall be so con- strued as to allow any convict in the penitentiary, to give in for a draw in the present contemplated lottery: Provided never- theless, that the child or children, who have resided in this state three years, of any [of] said convicts, shall be entitled to a draw or draws, in the same manner they would be enti- tled if they were orphans, and may be given in for by their mother or other person under whose care they may be, and the grant or grants shall issue accordingly to any land so drawn . Provided, no such convict has drawn in any of the former land lotteries of this State in his own name. 89. Sec; XIV. Lists of persons entitled to draws under this act, shall be made out by the inferior court of each county, or such persons as they may appoint, (not exceeding two to each battalion) within two months from the publication of this act; and said inferior court of the several counties of this state or the persons they may appoint shall attend in each captain's district, at least twice, giving ten days notice of such attend- ance, for the purpose of taking the names of the persons enti- tled to draws; the names of the persons entitled, shall be entered by the receivers in a book to be kept for the pur- pose, a transcript of which book, fairly made out, shall be transmitted to the executive, and the original deposited with the clerk of the superior court of the respective counties; and should the inferior court of any county fail to take in such names themselves, or to make proper appointments by the first day of September next, then the clerk of the superior court, (or his legal deputy in his absence) in such county, may make such appointments. And said receivers, before they enter upon their duties shall take and subscribe the following oath: “I , do solemnly swear (or affirm) that I will not receive or register any name, except the person giving in shall first take the oath prescribed by this act. So help me God.”—Which oath any justice of the inſerior court, or justice of the peace, is hereby required to administer, and the person or persons taking in names as aforesaid, shall administer to all applicants for draws other than widows, guardians or next of friends of or- phans, the following oath, to wit: “I do solemnly swear (or LAND LOTTERY.—1825. 227 affirm) that I am a citizen of the United States, and have re- sided in this State three years, immediately preceding the pas- sage of this act, except absent on lawful business, and am an inhabitant of the same; that I was eightcen years of age at the time of the passing of this act; that I have (or have not) a wife or child or children; that I have not given in my name for any draw or draws in the present contemplated land lottery in any other part of the State ; that I have not drawn a tract of land in the former lotteries in my individual capacity or as an indi- vidual orphan, and that I did not, directly or indirectly, evade the service of this State or the United States, in the late wars against Great Britain or the Indians.” And the widows of re- volutionary soldiers shall take the following oath or affirmation, (as the case may be) to the best of their knowledge and belief, viz.: “I do solemnly swear or affirm that I am the widow of a revolutionary soldier to the best of my knowledge and belief. So help me God.” The following oath shall be administered to all married women entitled to draws on account of three years absence of their husbands, as contemplated by this act, to wit: “I do solemnly swear or affirm that my husband has been absent from this State three years, that I have resided the three last years in this State, except absent on lawful business, and am now a resident in this district, that I have not put in my name for a draw in the approaching land lottery in any other part of the State, and that I have not drawn any tract of land in the former land lotteries, either in my individual capa- city or as an individual orphan, to the best of my knowledge and belief. So help me God.” The following oath shall be administered to the mother, or next of friend of any minor or family of minors who may be entitled to a draw or draws on account of three years absence of their father as contemplated by this act, to wit: “I do solemnly swear that the minor or family of minors whom I now return is or are entitled to a draw or draws under this act to the best of my knowledge. So help me God.” The following oath shall be administered to all revolutionary soldiers who shall apply for draws under this act. “I do solemnly swear (or affirm) that I served, as a soldier in the armies of the United States during the revolu- tionary war, a tour or tours of duty and am entitled to a.draw or draws according to the provisions of this act. So help me God.” And all guardians or next of friends of orphans, or children of convicts in the penitentiary, shall take the following oath: “And that the orphan or family of orphans, or the child or children, whom I now return, is (or are) entitled to a draw Oath of per- sons giving in for draws. 228 LAND LOTTFRY. —1825. The governor to cause this act to be pub- lished. Receivers’ compensa- tion. Any person failing to give in from un- avoidable cause, what he may do. Any person about leav- ing the state on lawful business, how he may give IIl, Proviso. 5 persons shall be appointed to superintend the drawing. or draws under this act, to the best of my knowledge. So help me God.” The following oath shall be administered to all widows: “I do solemnly swear (or affirm) I am a widow, I have resided the three last years in this State, except absent on lawful business, and am now resident in this district; that 1 have not put in my name for a draw in the present lottery in any other part of the State, and that I have not drawn land in the former lotteries, to the best of my knowledge and belieſ. So help me God.” That all idiots and lunatics entitled to a draw or draws by this act, shall be given in by their respective pa- rents, or guardians, or next friend, who shall take the following oath: “I do solemnly swear (or affirm) that the person whose name I now give in, is an idiot or lunatic; that he is eighteen years of age or upwards at the time of the passage of this act, and entitled to a draw or draws under this act; that he has not drawn land in any of the former land lotteries of this State in his name, or as an individual orphan. So help me God.” 90. Sec. XV. Immediately after the passage of this act, his excellency the governor shall cause the same to be pub- lished in such of the public gazettes of this State, as he may think proper, and shall require all persons entitled to draws to give in their names to the persons authorized to receive them, and said persons taking in said names shall receive twenty-five cents from each of said applicants ſor each draw. 91. Sec. XVI. If any person entitled by this act to a draw or draws, should by absence or other unavoidable causes fail to give in his name within the time herein prescribed, it shall and may be lawful for such person to make oath of the draw or draws to which he may be entitled, before any justice of the inſerior court of the county in which he may reside, and make return thereof to the executive, at any time before the commencement of the drawing; and it shall and may be law- ful, for any person or persons, entitled to a draw or draws in said lottery who are about leaving the State on lawful business, to take the oath prescribed by this act, and deposit the same in the clerk's office of the county where such person or persons may reside, and their names shall be registered according to the pro- visions of this act: Provided, such pérson shall swear that he intends to return and remain a citizen of this State. 92. Sec. XVII. Five persons shall be appointed by joint ballot of the legislature to superintend the drawing of the lot- tery, to be convened at Milledgeville, by the governor, when necessary, and that whenever this act imposes duties on the governor, surveyor general, Surveyors, receivers of names, or LAND LOTTERY.—1825. 229 commissioners, such duties shall be severally performed with as little delay as possible, consistently with a due execution of this act. 93. Sec. XVIII. As soon as said lists are made out and ºf. returned, his excellency the governor, for the purpose of carry- º;e ing the lottery into effect, shall cause the name of persons entitled to draws, together with other designating remarks of residence, &c. to be placed on tickets as nearly similar as pos- Mode of sible, which shall be deposited in one wheel, and the prizes on " tickets of the like description, shall be deposited in another wheel, which prizes shall consist of all square lots in said ter- ritory, not herein reserved. And from each wheel as nearly at the same time as may be, a ticket shall be drawn and deli- vered to the superintending managers, and so on until the whole number of prizes are drawn out, and said managers shall make due and particular entry of the names so drawn out, and the prizes corresponding therewith, said names and prizes being first thoroughly mixed in their respective wheels. And his ex- cellency the governor is required to give three weeks notice of the commencement of the drawing. 94. Sec. XIX. Should there be more districts than are If there are more dis- contemplated by this act, and surveyors elected for, or in case ºthan this act con- the appointment of any surveyor should become vacant by ºp. the governor death, resignation, or otherwise, his excellency the governor is º. required to fill said vacancy. And in case any surveyor shall janya be found incompetent, or fail to execute the duties required of * him by this act, his office shall be vacant, and his vacancy filled in like manner. 95. XX. The surveyors to be appointed in pursuance of this act, shall, before they enter upon their duties, take and sub- scribe the following oath: “I , do solemnly swear (or sºyors affirm) that I am twenty-one years of age, that I will well and faithfully, to the best of my skill and abilities, discharge the duties which may be required of me as surveyor in the territory lately acquired. So help me God.”. Which oath the surveyor general is required to administer. The oath to be administer-chainment, ed to chainmen by their respective surveyors, shall be as fol. “ lows: “I do solemnly swear (or affirm) that, to the best of my skill and judgment, I will measure all lines on which I may be employed as chain carrier, as accurately and with as little devi- ation from the course pointed out by the surveyor as possible, and give a true account of the same to the surveyor. So help me God.” And similar oaths shall be administered by the said Armen's surveyors to all axmen and markers. oath. 230 LAND LOTTERY.—1825. The land to be classed by the survey- OFS, Fees on grants. Allowed two years to take out grants. Exceptions. Shall pay taxes on the land whether granted or not, until they relin- quish the 88 IIlé, What returns ſraudulent. Question of fraud, how tried. 96. Sec. XXI. The land to be distributed under the pro- visions of this act, shall be classed under the following heads, viz. First quality river land, Second quality river land, first quality oak and hickory up land, second quality oak and hick- ory up land, first quality pine land, and pine land, and that it shall be the duty of the surveyors charged with the business of dividing the districts into lots, to note upon the separate plot of each lot which he is required to file in the surveyor general's office, the quality of each lot according to the foregoing classes, and that all persons who may draw lands under this act, shall be entitled to receive grants for the same conveying fee simple titles, on paying into the treasury of this State the sum of eigh- teen dollars; and any person drawing, and failing to take out his grant within two years from the date of said draw, shall forfeit his or her right to receive a grant to the land so drawn, and the same shall revert to the State, orphans, lunatics and idiots excepted. And all persons who shall draw lands in the land lottery authorized by this act, shall, whether the same be granted or not, pay taxes thereon, at the same rates as for other lands of similar qualities, until they shall relinquish the same to the use of the State, by writing, to be filed in the office of the secretary of state, that all returns made contrary to the true intent and meaning of this act, are declared to be fraudulent; and all grants issued in consequence of any draw made in the contemplated lottery, on such fraudulent returns, are hereby de- clared to be null and void; and the lands so granted or drawn shall revert and become the property of the State; and the ques- tion of the fraud be tried upon scire facias, to be issued from under the hands of the clerk of the superior courts of the county or counties in which the land lies, in the name of the governor of said State for the time being, upon the application of any in- dividual against the tenant in possession of the land alleged to fraudulently drawn, or against the drawer thereof, setting forth the circumstances of fraud in the said scire facias, specially, and upon the return of said scire facias, with an entry thereon of service effected by any sheriff of any county of this State by leaving a copy thereof with the person named as defendant, or at his or her motorious place of abode, or by the return of said sheriff that the defendant is not to be found; upon which re- turn the court is authorized to have service perfected by an order for a three months publication in one or more of the pub- lic gazettes of this State; which rule when duly published, shall be considered as sufficient Service to authorize an issue to be made up under the direction of the court to try the question LAND LOTTERY.—1825. 231 of fraud. And in case the jury shall find the return fraudulent, the court shall by judgment pronounce the grantissued on such return and draw to be void, and order it cancelled; which judgment, when transmitted to the surveyor general's office and secretary of state's office, and entered of file there, shall be of sufficient authority to those officers to cancel the plots and grants for such fraudulent draws from their offices respec- tively. And the land when condemned, shall belong one half to the State and the other half to the informer, and subject to be laid off between the informer and State by writ of partition, to be issued under the direction of the superior court of the county in which the land lies; and [to] the proceedings of said writ of partition on behalf of the State, it shall be the duty of the solicitors in the respective circuits to attend. And when the said lands are so laid off, the informer shall be entitled to a plot and grant for his share, upon the payment of the legal office fees: Provided nevertheless, That no return made by or on be- half of [any] orphan or orphans, shall be pronounced fraudu- lent, until his, her or their legal guardian shall have been made a party to the Scire facias, or other discreet person appointed by the court in which the case is tried, to defend the case for the said orphan or orphans: And provided also, the proceed- ings under this section shall take place within four years from the date of the drawing. e 97. Sec. XXII. No case aſter being commenced as afore- said, by scire facias, shall be settled and compromised by the informer, or otherwise disposed of to the prejudice of the State, and in case it is, said land shall be liable to be returned by any other informer in manner above prescribed, and division made thereof accordingly. 98. Sec. XXIII. No scire facias shall issue until the ap- plicant shall have made and deposited in the clerk's office from whom the said scire facias shall issue, the following oath: “I do solemnly swear that in making this information, I have no combination or understanding directly or indirectly with the drawer or any other person as the friend of, or on the part of the drawer.” 99. Sec. XXIV. A quantity of land on the Flint river, op- posite the Old Agency, and equal in size to the reserve on the east side of the same; one mile square at Marshall's Ferry, on Flint river, including the Ferry; one mile at McIntosh's, on Land con- demned as having been fraudulently drawn, one lialf to the state and the other half to the informer. How parti- tioned. Proviso. Further pro- viso. No case to be settled to the prejudice of the state, if so, what may be done. Applicants’ oath. Certain lands reserved. the Chattahoochie, including the ferry, and a reserve of five : miles Square on the Chattahoochie river at the Coweta falls, and including the same; the northern boundary to cross the 232 LAND LOTTERY.—1825. river at a point one mile above the lower shoal, be and the same is hereby set apart for public purposes. An Act to limit the time for the return of fraudulent draws un- der the Land Lottery acts, of eighteen hundred and eighteen, and to alter and amend so much of the twentieth section of an Act, passed fifteenth day of May, eighteen hundred and twenty-one, as relates to the return of Lots supposed to be fraudulently drawn in said Lotteries.—Passed 11th June, 1825. P. 22. Time of re- 100. Sec. 1. From and after the first day of July next, no turnin º, scire facias shall issue on any lot of land supposed to be fraudu- ed. lently drawn in either of the land lotteries above recited, and that all laws or parts of laws militating against this act, be and the same are hereby repealed. An Act to sell and dispose of the State's interest in lots of Land which have been or may hereafter be condemned as fraudu- lently drawn, in the counties of Bibb, Houston, Crawford, Monroe, Upson, Pike, Henry, Fayette, De Kalb and Newton. Passed 24th December, 1825. P. 118. Sheriffs to 101. Sec. l. The sheriffs of the aforesaid counties be and sell certain e e * lands. they are hereby authorized and required to advertise and ex- pose for sale to the highest bidder, agreeable to the provisions of this act, all the State's interest in lots of land which have or may hereafter be condemned as fraudulently drawn in the above named counties. .* 102. Sec. II. It shall be the duty of the sheriffs aforesaid ** to advertise in two of the public gazettes in this State, and also at the court house in the county where the land lies, at least thirty days before the day on which said lots are to be sold, setting forth the number and part of each number, together with the district and county in which each lot may lie, together with the number of acres, also the hours on which the sale will open and close. The purchas. 103. Sec. III. The highest bidder for any of the aforesaid er to pay to ºi... lots to which the State of Georgia has a right, shall be the buyer, one-fourth of ºnse who shall pay to the sheriff aforesaid, one-fourth of the purchase money in .." money in cash, or current bank bills at par, on the payment of rent bills. .** which, the said sheriff shall give to such purchaser a certificate, §:" stating the amount paid, and the amount of such purchase mo- ney then due and to be paid, in three equal annual instalments, LAND LOTTERY.—1825. 233 to be paid to the treasurer of the State of Georgia, and to be attached to the county academy fund of this State. 104. Sec. IV. If any purchaser shall fail to pay the trea- Purchaser tº iº * failing to pay surer of this State any instalment at the time the same may yº, become due, or within sixty days thereafter, he shall forfeit the º: sum paid, and the land rever to and become the property of the State. 105. Sec. V. When the last instalment is paid agreeable to when the last instal- the face of the certificate given by the sheriff aforesaid, it shall ºn is paid, be the duty of his excellency the governor to cause a grant to º: be filled up in the name of the holder of said certificate, on his *. or their paying the sum of four dollars. 106. Sec. VI. Within forty days after the sales of said lots, sºlº. the sheriffs aforesaid shall make a report of their proceedings to º, the treasurer of the State of Georgia, and pay over the money “. received, and deposit a schedule of lots sold, the amount of Sales, cash received, balance due for each lot, and from whom, and the sheriff shall receive as a compensation for his services five per cent. On the amount received, to be drawn for by war- rant from his excellency the governor on the treasury of this State. 107. Sec. VII. The sheriffs aforesaid shall enter on the what times the sheriffs duties required of them by this act immediately after the first ſº. day of May, eighteen hundred and twenty-six, for all such lots ºrder as have been condemned and partitioned, and all such lots as there has been no judicial decision and partition, within sixty days after such decision and partition, agreeable to law. An Act amendatory of an Act passed the ninth June, eighteen hundred and twenty-ſive, to dispose of and distribute the Lands ſately acquired by the United States for the use of Georgia, of the Creek nation of Indians, by a treaty [made] and concluded at the Indian Spring, on the twelfth day of February, eighteen hundred and twenty-five.—Passed 24th December, 1825. . P. 119. 108. Sec. 1. Be it enacled, &c. That the words “imme- ºther lime allowed to diately preceding the passage of this act,” in the act passed flºº." the ninth day of June, eighteen hundred and twenty-five, be, and the same are hereby repealed, and the first day of Septem- ber, one thousand eight hundred and twenty-six, be adopted in lieu thereof. 109. Sec. II. It shall be the duty of the justices of the 30 234 LAND LOTTERY.—1825. łº, o inferior court of the respective counties of this State, or a §. majority of the same to cause the above section to be carried effect. into effect. - º 110. Sec. III. The persons appointed by the inferior courts to carry into effect the provisions of this amendatory act, shall insert in the oaths laid down in the before recited act, the words “the first day of September, eighteen hundred and twenty-six,” instead of the words “the passing of this act,” wherever the latter occurs. Wounded 111. Sec. IV. All men of like residence who have been soldiers al- fºes wounded and disabled in the late wars with Great Britain or the Indians, shall he cntitled to one additional draw other than they are allowed by the provisions of the before recited act, in consequence of said wound and disability, and the persons appointed to carry this act into effect shall administer the ſol- their oath, lowing oath to said persons, to wit: “I do solemnly swear (or affirm) that I was wounded in the late wars with Great Bri- tain and the Indians, by which wound 1 am disabled;” instead of the oath prescribed in said section. Hºle 112. Sec. V. All illegitimate children shall be considered º, and placed on the same footing with orphan children under the provisions of this act, and shall be entitled to a draw or draws in like manner. 113. Sec. VI. Nothing herein contained shall be so con- strued as to interfere with the rights of persons who have given in their names for chances in the contemplated land lottery, and that so much of the before recited act as militates against this act, be, and the same is hereby repealed. [Resolution of 3d December, 1825, p. 194, requests the governor to instruct the sheriffs of the counties of Habersham and Rabun to have sold all fractional parts of surveys or square lots which were not sold agreeable to the provisions of , an act passed on the twentieth December, eighteen hundred and twenty-three,” purchasers to have the same indulgence, and the sheriffs the same per cent, as allowed by said recited act. It is also made the duty of the Surveyor general to exa- mine the books of the respective offices of the late land lotte- ries, and ascertain the numbers of the fractions and lots thus unsold, and transmit the same to his excellency the governor, who shall forward the same to the sheriffs aforesaid.] * See sec. 63 for this act. LAND LOTTERY.—1826. 235 An Act to amend an Act, entitled, “An Act amendatory of an Act passed the ninth day of June, eighteen hundred and twenty-five, to dispose of and distribute the lands lately ac- quired by the United States for the use of Georgia, of the Creek nation of Indians, by a treaty made and concluded at the Indian Springs, on the twelfth day of February, eighteen hundred and twenty-five.—Passed 14th December, 1826. P. 105. 114. Sec. I. Be it enacted, &c. That the words “first day ºne of September, eighteen hundred and twenty-six,” in the said $.” act be, and the same are hereby repealed, and the first day of January, eighteen hundred and twenty-seven, be adopted in lieu thereof. 115. Sec. II. It shall be the duty of the justices of the inſe-Pººle rior court of the respective counties of this State, or a majority º of the same, to cause the above section to be carried into * effect. 116. Sec. III. The persons appointed by the inferior court ...” to carry into effect the provisions of the act to which the above recited act was amendatory and of this act, shall insert in the oaths laid down in the act to which the beſore recited act is amendatory, the words “first day of January, eighteen hundred and twenty-seven,” instead of the words “the first day of Sep- tember, eighteen hundred and twenty-six,” wherever the latter OCCUll’S. 117. Sec. IV. All persons who shall have resided in this sºli. State three years before the said first day of January next, and tra draw. who have served a tour of duty for three months or more in the service of this State, in the late war with Great Britain and the Indians, shall be entitled to one draw in addition to those which they are entitled to by the before recited acts, notwith- standing they may have drawn a lot or lots in any previous lottery; and the persons appointed to carry this act into effect, shall administer the following oath in lieu of the oath prescribed by said recited acts, viz.: “I do solemnly swear, or affirm, that Their oath. I have served a tour of duty for three months or more in the service of this State, in the late wars with Great Britain and the Indians, and that I have resided three years within this State.” 118. Sec. V. All persons who have given in their names ºher persons al- * … ir, H. lowed an- for one draw, agreeable to the provisions of the act to which ºw. the before recited act was amendatory, and who, since giving in their names, shall have by marriage entitled themselves, ac- cording to the provisions of said act, to two draws, shall be 236 LAND LOTTERY.—1826. Idiots, luna- tics, insane, and deaf arid dumb per- sons allowed a draw. The oath. What draws declared fraudulent. Receivers, what time to make their I'eturn. Proviso. The governor to issue grants at the COIſhinence- ment of the drawing. permitted to give in their names for another draw, on their making oath thereto before the persons appointed to carry into effect the provisions of said act : Provided, such person has not married a widow or orphan who has given in for a draw in the present contemplated land lottery. 119. Sec. VI. That all males who are idiots, lunatics, or insane, or who are deaf and dumb, or deaf or dumb, or blind, who may be ten years old on the first day of January, eighteen hundred and twenty-seven, and under the age of eighteen years, and who have resided in this State three years imme- diately before the first day of January, eighteen hundred and twenty-seven, shall be entitled to one draw ; and all unmarried females who are idiots, lunatics, or insane, or who are deaf and dumb, or deaf or dumb, or blind, who may be ten years old or more on the first day of January, eighteen hundred and twenty-seven, and have resided in this State three years imme- diately preceding the said first day of January, eighteen hun- dred and twenty-seven, shall be entitled to one draw, and the guardian or next friend to any idiot, lunatic, or insane person, or any person who may be deaf and dumb, or deaf or dumb, or blind, shall take the following oath, to wit: “I do solemnly swear that the person whom l now return is entitled to a draw in the contemplated land lottery, to the best of my knowledge and belief; so help me God.” And any land drawn by any idiot, lunatic, or insane person, or any person deaf and dumb, or deaf or dumb, or blind, the grant shall issue in the name of the drawer, on paying the usual fees. 120. Sec. VII. All tracts of land drawn in the present contemplated lottery by fictitious names, may be returned as fraudulent draws, and subject to be condemned as in, other cases of fraud. 121. Sec. VIII. The persons appointed by the inſerior courts to carry into effect the provisions of this act, shall have until the fifteenth day of February, cighteen hundred and twenty-Seven, to make their final returns to the executive : Provided however, that all returns made previous to the com- mencement of the drawing, shall be put into the wheel. 122. Sec. IX. His excellency the governor be, and he is hereby authorized to issue grants to all fortunate drawers, who may apply for the same, as soon as the lottery commences, on their paying the lawful fees and obtaining a certificate from the commissioners of the lottery, that they have drawn such lot or lots. 123. Sec. X. In every instance where land shall be drawn LAND LOTTERY.—1826. 237 by a defendant in execution, and the grant shall be taken out ..." execution by the plaintiff in execution, his agent or attorney, the amount ....." a grant, and on the sale of of the grant ſees shall be refunded and paid to such plaintiff, ... his agent or attorney, out of the money raised by the sale of ºthin such land, in preference to any other lien whatever; and in all º such cases, the certificate or receipt of the treasurer shall be º, taken and considered as sufficient evidence of the fact of said º: fees having been paid by such plaintiff, agent or attorney. taken out the grant. An Act supplemental to and eacplanatory of an Act, passca at the present session of the Legislature,” entitled An Act to amend an Act amendatory of an Act, passed the ninth day of June, eighteen hundred and twenty-five, to dispose of and distribute the Lands lately acquired by the United States for the use of Georgia, of the Creek nation of Indians, by a treaty made and concluded at the Indian Springs, on the twelfth day of February, eighteen hundred and twenty-five.—Passed 27th December, 1826. P. 107. 124. Sec. 1. Be it enacted, &c. That the true meaning and ºplanatory intent of that part of the fourth section of the above recited act, "" passed at the present session of this legislature, which allows and entitles all persons to one draw in the present contemplated land lottery, who shall have resided in this State three years before the first day of January, eighteen hundred and twenty- Seven, and who have served a tour of duty for three months or more in the service of this State in the late war with Great Britain and the Indians, was not to give said draw, where such case may arise, to a substitute who performed said service. An Act to repeal in part the twelfth section of an Act, entitled, an Act to dispose of and distribute the Lands lately acquired by the United States, for the use of Georgia, of the Creek na- tion of Indians, by a treaty made and concluded at the Indian Springs, on the twelfth day of February, eighteen hundred and twenty-five, passed the ninth day of June, eighteen hundred and twenty-five.—Passed 27th December, 1826. P. 109. 125. Sec. 1. Be it enacted, &c. That the before recited . . 12th Section twelfth section, be, and the same is hereby repealed, except ...t the words or clause, “it shall be illegal for any magistrate or * * The foregoing act. 238 LAND LOTTERY.—1826. The duty of the sheriffs in certain counties in selling lands condemned as having been fraudu- lently drawn. Certain sur- veyors’ duty. Certain lots and frac- tions to be sold, and when and how. person authorized to administer an oath, to administer an oath to any person selling his chance or chances, lot or lots,” which clause shall continue in full force. An Act to amend an Act to sell and dispose of the State’s inte- rest in lots of Land, which have been or may hereafter be con- demned as fraudulently drawn, in the counties of formerly Bibb, Houston, Crawford, Monroe, Upson, Pike, Henry, Fay- ette, De Kalb, and Newton, passed the twenty-fourth of De- cember, eighteen hundred and twenty-five.—This act passed 20th December, 1826. P. 111. 126. Sec. 1. Be it enacted, &c. That the above recited act remain and continue in force, until all fraudulent draws now condemned, or which hereafter may be condemned, are finally disposed of, and the sheriffs of the aforesaid counties in all cases where there is a condemnation of lots or draws, either previous to this act, or the one of which it is amendatory, shall proceed to sell the same according to the provisions of said recited act, so soon as they can obtain a fair plot of the partition of said fraudulent draw, plainly showing and designating the State's part of said draw. 127. Sec. 11. In all cases where there has been a partition, and the surveyor making the same, has removed away or died without making and returning to the proper office a plot of the same, that the county surveyor in which said draw may lie, shall make out and return a plot of said fraudulent draw, ac- cording to the partition which has been made by the former surveyor, if the lines and marks can be ascertained, and if not, to make a partition and return a plot of the same, with due regard to the interest of the State, and the other party con- cerned. An Act to sell and dispose of the Land lying in the twelfth and thirteenth districts in the county of Ware, formerly Appling county.—Passed 26th December, 1826. P. 114. 128. Sec. 1. The lots and fractions of land contained in the twelfth and thirteenth districts of Ware, formerly Appling county, shall be sold at the same time and place, and under the same terms, that the fractions which may be left and un- disposed of in the present contemplated land lottery willor may be sold, and they shall be sold by the same persons who are or may be appointed to sell said fractions, and the money or bonds LAND LOTTERY.—1826, 1827. 239 received or taken for said lots and fractions in the districts afore- said, shall be returned to the same office where the money and bonds arising from the sale of the fractions aforesaid are re- quired to be returned. The third section of an Act to extend the time for fortunate drawers in the Land Lottery, &c. to take out their grants, &c. Passed 30th November, 1826. P. 111. 129. Sec. III. It shall be the duty of the different executive officers to issue a grant or grants to any person or persons ap- plying for the same in their own name, any lot or lots of land in the counties of Old Baldwin, Wilkinson, and Wayne, under the laws now in force, on his, her, or their paying into the trea- sury the sum of five dollars. An Act to sell and dispose of Lots numbers ten and one hundred, Any person applying may receive a grant for any ungranted lot of land in old Baldwin, Wilj.inson, and Wayne, by paying 5 dolls. in the several districts in the counties of Appling, Irwin and Ware, reserved by the Lottery Act, passed the fifteenth day of December, eighteen hundred and eighteen, for the Education of Poor Children.—Passed 22d December, 1827. P. 14. 130. Sec. 1. The sheriffs of the counties of Appling, Irwin, and Ware, be, and they are hereby authorized and required to advertise and expose to sale, lots numbers ten and one hundred, in the several districts in said counties, in the same manner, and under the restrictions that are prescribed by an act, entitled an act, to sell and dispose of the fractional parts of surveys of land which remain unsold in the counties of Walton, &c. 131. Sec. II. The sheriffs aforesaid, shall pay over and de- posit with the treasurer of this State, the proceeds of the sale of said lots, to be by him annexed, and become a part of the poor school fund. An Act to sell and dispose of the State's interest in lots of Land in the late purchase, which have been or may hereafter be re. linquished to the State, and such as have been or hereafter may be condemned as fraudulently drawn in the aforesaid pur- chase.—Passed 24th December, 1827. P. 126. 132. Sec. I. Be it enacted, &c. That the sheriffs in the se- veral counties of the late acquired territory be, and they are hereby authorized and to advertise and expose for sale to the highest bidder, agreeable to the provisions of this act, all the The sheriffs of certain counties may advertise and sell lots No. 10 and 100 in their coun- ties: under what restrictions. The sheriffs to pay over the money to the treasurer. The sheriffs of the late ac- quired terri- tory to sell certain lands under the di- rection of the governor. 240 LAND LOTTER.Y. — 1827. The sheriffs to advertise their sales, and how. Purchasers to pay one- fourth in cash Or curl’ent bank bills. The sheriff to give him a certificate. To form a. part of the academy fund. If the pur- chaser fail to pay any in- stalment, what he must forfeit. When the last instal- ment is paid the governor mu St. CauSe a. grant to be be filled up for the pur- chaser, on his paying 6 dolls. Sheriffs’ duty in making a report : his compen- sation. State's interest in lots of land which have been, or hereafter may be relinquished to the State; and also all the State's in- terest in lots of land which have been, or may hereafter be condemned as fraudulently drawn in the said purchase, at such times as his excellency the governor may prescribe. 133. Sec. Il. Whenever the said sheriffs shall receive in- structions from the surveyor, to sell any lands or lots of land as aforesaid, it shall be their duty to advertise in two of the public gazettes of this State, and also at the court-house in the county where the land lies, at least thirty days before the day on which said lots are to be sold, setting forth the number and parts of such number, together with the district and county in which each lot may lic, together with the number of acres, also the hours on which the sale will open and close. 134. Sec. III. The highest bidder for any of the aforesaid lots, to which the State of Georgia has a right, shall pay to the sheriff aforesaid, one-fourth part of the purchase money in cash or current bank bills of this State, on the payment of which, the said sheriff shall give to such purchaser a certificate stating the amount paid, and the amount of such purchase money then due, and to be paid in three equal annual instalments, to be paid to the treasurer of this State, and to be attached to and form a part of the academy fund of this State. 135. Sec. IV. If any purchaser shall ſail to pay the trea- surer of this State any instalment at the time the same may become due, or within sixty days thereafter, he shall forfeit the sum so paid, and the land shall revert to, and become the pro- perty of the State, and be subject to be again sold, as herein before directed. 136. Sec. V. When the last instalment shall have been paid agreeable to the said certificate given by the sheriff afore- said, it shall be the duty of the governor to cause a grant to be filled up in the name of the holder of the said certificate, on his or their paying the sum of six dollars. 137. Sec. VI. Within sixty days after the sale of said lots, the sheriffs aforesaid shall make a report of their proceedings to the treasurer of this State, and pay over to him the money re- ceived, and deposit a schedule of the lots sold, the amount of sales, cash received, balance due for each lot, and from whom due ; and the sheriff shall receive as compensation for his ser- vices five per cent. on the amount received, to be drawn for by warrant from the governor on the treasurer of this State. LAND LOTTERY.—1827. 241 An Act to give to Informers, under the laws of this State dispos- ing of the late acquired Territory, who may take out of affice the Grant for Lands drawn in consequence of fraudulent re- turns, the preference where there may be several sci. fa. filed ân any of the courts of this State, against the same defendant or defendants.-Passed 26th December, 1827. P. 129. 138. Sec. I. Be it enacted, &c. That from and after the passing of this act, that where there may be filed in any of the superior courts of this State several informations or writs of sci. facias at the instance of different informers against the same defendant or defendants, under and by virtue of the twenty-first section of an act, passed ninth June, eighteen hun- dred and twenty-five, to dispose of the late acquired territory; that in all such cases the informer or informers who may have taken out of office the grant for the land so returned as being fraudulently drawn, shall be entitled to the preference in pro- ceeding against said defendants, and all other scire facias against the same defendant or defendants, shall be suspended until the sci. fa. of the informer or informers so taking out the grant shall be first disposed of. 139. Sec. II. In all cases where there may arise any con- test between the several informers as to the fact of taking out of the office the grant to the land returned, the certificate or certificates of the secretary of state, surveyor general, comp- troller general or treasurer, certifying by whom said grant was so taken out of office, shall be held, received, and deemed by said court as good and sufficient evidence as to taking out of office such grant by the informer; and in case it shall appear that the grant of any lot of land returned as aforesaid, has been taken out of office by any person other than an informer, then the informer first filing his information shall be entitled to pro- ceed first against the defendant or defendants. 140. Sec. III. In all cases where the person or persons taking out the grant to any such lot of land as aforesaid, shall fail to proceed against the drawer of the same or the defendant, by filing his information or sci. fa. in the office of the clerk of the Superior court where the land lies, within two months after the date of such grant, then and after that time, the informer first filing his sci. fa. as aforesaid, shall be entitled first to pro- ceed against the drawer or drawers, or defendant or defendants in such case, in preference to all other informers. 141. Sec. IV. All laws or parts of laws repugnant to this act, be and the same are hereby repealed. Where there are two Of more sci. fa- clas returned against the same defend- ant, who has the preſer- encee If there be a contest who took out the grant, how it may be de- termined. If the person taking out the grant fail to proceed against the drawer, what may be done. 31 242 LAND Lottery.—1827. An Act to Dispose of the Residue of Lands heretofore reserved for the use of the State.—Passed 22d December, 1827. P. 130. Fivecommis 142. Sec. I. Be it enacted, &c. That there shall be elected sidmers to be ::... by joint ballot of the legislature during the present session, five tions. commissioners, they or a majority of whom shall proceed Yº... agreeable to the provisions of this act, to sell the fractional parts ** of surveys, reservations and islands within the State, which have not heretofore been sold, or which may have reverted to the State by the default of former purchasers thereof, which said fractions, reserved lands, and islands, in the Chattahoochie M. : river, shall be sold at the town of Milledgeville, commencing on the first Monday in November next, and continue from day to day (Sundays excepted) until all the fractions, reserved lands, Proviso; and islands in the Chattahoochie river are sold : Provided, that nothing in this act shall authorize the commissioners aforesaid to commence said sales at an earlier hour than ten o’clock in the forenoon, or continue beyond the hour of two o'clock in the afternoon;” and provided, that no fractions, lots or islands for- feited, shall be resold by said commissioners, until after the said commissioners shall have sold all other fractions, lots and isl- *P* ands: And provided, nothing in this act shall be so construed as to authorize the selling any fractions on the Florida line. ºld 143. Sec. II. The said commissioners shall, before they en- and security #;ºf ter on the duties required of them by this act, give bond with two or more good and sufficient securities in the sum of ten thousand dollars each, payable to his excellency the governor for the time being and his successors in office, which bond shall be taken by the governor, or any two or more justices of the inferior court where the said commissioners may reside, which said bond shall be deposited in the executive office, and the said commissioners shall moreover take and subscribe the *** following oath, to be endorsed on the back of said bond: “I do Solemnly swear, that I will faithfully perform all the duties re- quired of me as a commissioner, agreeable to the true intent and meaning of the act authorizing the sale of fractions, reser- vations, and islands in the Chattahoochie river; that I will make a just and true return of my proceedings, pay over to the treasurer of this State, all moneys received by me on account of said sales, and deposit in the comptroller-general's office, a correct account of all such sales, within thirty days after the expiration of said sales.” * But sée sec. 175. LAND LOTTERY.—1827. 243 144. Sec. III. His excellency the governor be and he is ºr some fit and hereby authorized previous to the day of sale, to appoint some ... fit and proper person or persons to survey and lay off into tracts :::::::::..." of two hundred two and a half acres each, the three reserva- ""“ tions of Michel, Burch, and James Barnard; the reservation at the old agency, on Flint river, and Marshall's reserve; and where the said reserves cannot be laid off into square tracts, the fractions so made shall be attached to and sold with the lot or square tract of land adjoining the same; and the M'In- tosh reserve on the Chattahoochie river shall be sold in two separate lots or tracts as the same is now divided by the river aforesaid. 145. Sec. IV. The highest bidder for any fraction or frac- The purchas: er to pay one- tions, lot or lots of land, or islands, authorized to be sold by this ſº specie or cur- act, shall be the purchaser, who shall pay to the commissioners ** aforesaid one-fifth part of the purchase money” in specie, or current bills of any chartered bank in this State, on the pay- º, ment of which the said commissioners or a majority of them 5..." shall give to such purchaser a certificate stating the amount paid and the amount of said purchase money then due, and to be paid in four equal annual instalments. 146. Sec. W. Any purchaser failing to pay any instalment purchaser failing to to the treasurer within sixty days after the same becomes due, pay any in- stalment, shall forfeit the amount paid, and said lands shall revert to and Yºº must become the property of the State. 147. Sec. VI. When the last instalment is paid agreeable Whº: last instal- to the face of said certificate given by the commissioners afore- i. to Cause a said, it shall be the duty of his excellency the governor to cause . . made out for a grant or grants to be made out in the name of the holder of ... said certificate agreeable to the laws now in force regulating º"; grants, which said grant shall be given to the holder of said “ certificate or certificates, on his or her paying the sum of four dollars and fifty cents into the treasury of this State for office fees. 148. Sec. VII. Any person or persons bidding for fractions, ºr g tº * * * * º idding off a lots, or islands, as aforesaid and failing to comply with the pro- ſººn and visions of the fourth section of this act, shall forfeit the right of i.i. having any further bid or bids cried by the commissioners; and said commissioners shall on the next day of sale put up and offer said fraction, lot, or island for sale as though it had not been previously bid off.f * But see sec. 176. # See sec. 178. 244 LAND LOTTERY.—1827. The surveyor 149. Sec. VIII. The surveyor general shall furnish the general's du- #ºn commissioners twenty days previous to the commencement of mºpsº, said sale, with a map of the aforesaid fractional surveys and lots intended by this act to be sold, with the number of each lot of land joining said fraction; for which he shall receive an ºpen adequate compensation, to be provided for by a future legisla- ture. #º 150. Sec. IX. The said commissioners shall commence jº the sale of said fractions, lots, and islands aforesaid, by offering for sale the lowest numbered fraction in the lowest numbered district, in numerical order; and the said commissioners shall receive for their services four dollars each per day for the time they are employed in discharging the duties required of them by this act. 151. Sec. X. The said commissioners shall advertise in one of the public gazettes of Savannah, Augusta, Milledgeville, Athens, Darien, and Macon, sixty days before the commence- ment of said sales the time of their commencement, specially pointing out the days on which the fractional surveys, lots, and islands in each district will be offered for sale. º, 152. Sec. XI. The certificates granted under this act shall be transferable, and any legal holder of any certificate for any • fraction or fractions, lot or lots, island or islands, shall be authorized, on paying into the treasury of this State the full amount of the purchase money, to have the interest of the amount unpaid deducted from the original amount, and on producing the treasurer's receipt, he or she shall be entitled to receive a grant or grants for the same, on the payment of the office fees provided for by this act. wºn 153. Sec. XII. This act shall not be so construed as to not embrace, embrace any lands or reserves at Milledgeville, Macon, the reservation at the Coweta Falls, on the Chattahoochie river, or M'Intosh's reserves in the county of Butts. An Act for the relief of certain Drawers in the recent Land Lottery.—Passed 22d December, 1827. P. 158. Whereas, many mistakes, from bad spelling and transcrib- ing the names of persons entitled to a draw or draws in the said lottery, do exist, to wit: in the counties of Lee, Mus- cogee, Troup, Coweta, and Carrol; for remedy whereof: The governor 154. Sec. I. Be it enacted, &c. That whenever it shall to correct ...in satisfactorily appear that a mistake has been committed either the names or ... by the commissioners, their clerks, or the person originally re- LAND LOTTERY.—1828. 245 gistering their names in the different counties, it shall be the duty of his excellency the governor, and he is hereby required to order such alteration made as will secure the bona fide drawer his right, his heirs or devisees, according to the justice of the case and the truth of the matter; and all grants which may issue in consequence of such mistake, thereby be null and void : Provided however, the holder of such grant or grants * issued through mistake do return the same to the executive, his excellency the governor is authorized and required to re- fund to such grant holder the sum of money paid as office fees, and he shall then cause the true name to be inserted therein in the records of the different offices, which grants, when so altered, shall be good and valid in law; any thing to the con- trary notwithstanding: And provided also, that nothing herein contained shall deprive the State of its proper fees on the grant or grants that may be so corrected and issued from the proper grantee. An Act to be entitled, an Act to survey and dispose of all the wnsold Islands in the Ocmulgee River, adjoining the counties of Monroe and Jones.—Passed 22d December, 1828. P. 96. 155. Sec. I. The sheriff of Jones county be, and he is The sheriff hereby authorized to advertise thirty days before the day of ºsell certain isl- sale, and expose to sale, on the first Tuesday in March next, ºne Ocmulgee all the unsold islands, lying in the Ocmulgee river, adjoining river. the counties of Jones and Monroe, known by the name of the Long Shoal islands. 156. Sec. II. The better to enable the sheriff aforesaid to The cºunty surveyor of know what islands remain unsold, the county surveyor of Jones ...". to survey the county be, and he is hereby required, so soon as may be con- ..." ands and re- venient, to proceed to ascertain and survey the unsold islands, ..." and make a true return of such survey (before the time speci- fied for the sale of the same) to the sheriff aforesaid. 157. Sec. III. The sheriff aforesaid shall make and exe- The sheriff to make titles cute titles to the purchaser of said islands, upon the pur- ... chaser, on his chaser paying into his hands one-fifth of the purchase money, #;" and a bond, with approved security, for the payment of the ...” ney and giv- balance of said purchase money, to be paid in four annual ;..."." instalments, which money, when paid, shall be by said sheriff ..." paid into the treasury of this State, aſter deducting the usual fees for surveying and selling the same. 246 LAND LOTTERY.—1828. The sheriffs of several counties to sell the the state’s interest in lands fraudu- lently drawn. Sheriffs to ad- vertise their sales, when and how. The purchas- er to pay one-fifth part of the purchase mo- ney in cash, {C, The sheriff to give a cer- tificate, &c. The purchas- er failing to pay the trea- surer, what he must for- feit. When the last instal- ment is paid, the governor must cause a grant to be filled up for him, on his paying 4 dis. The sheriffs’ duty in mak- ing a report, &c. An Act to sell and dispose of the State's interest in lots of Land which have been or may hereafter be condemned as fraudulent- ſy drawn, in the counties of Lee, Muscogee, Marion, Harris, Talbot, Troup, Merrewether, Coweta, and Carroll.—Passed 20th December, 1828. P. 95. & 158. Sec. 1. The sheriffs of the aforesaid counties be, and they are hereby authorized and required to advertise and ex- pose for sale to the highest bidder, agreeable to the provisions of this act, all the State's interest in lots of land, which have or may hereafter be condemned as fraudulently drawn, in the above named counties. 159. Sec. II. It shall be the duty of the sheriffs aſoresaid, to advertise in two of the public gazettes of this State, and also at the court-house, in the county where the land lies, at least thirty days beſore the day on which said lots are to be sold, setting forth the number and part of such number, together with the district and county in which each lot may lie, toge- ther with the number of acres; also the hours on which the sale will open and close. 160. Sec. III. The highest bidder for any of the aforesaid lots, to which the State of Georgia has a right, shall be the buyer, who shall pay to the sheriff aforesaid, one-fifth of the purchase money in cash, or current bank bills at par, on the payment of which the said sheriff shall give to such purchaser or purchasers a certificate, stating the amount paid, and the amount of such purchase money then due, and to be paid, in four equal annual instalments, to be paid to the treasurer of the State of Georgia. 161. Sec. TV. If any purchaser or purchasers shall fail to pay the treasurer of this State any instalment at the time the same may become due, or within sixty days thereafter, he, she, or they shall forfeit the sum paid, and the land revert to and become the property of the State. 162. Sec. V. When the last instalment is paid agreeable to the face of the certificate given by the sheriff aforesaid, it shall be the duty of his excellency the governor, to cause a grant to be filled up in the name of the holder or holders of said certifi- cate, on his, her, or their paying the sum of four dollars to the treaSurer. * 163. Sec. VI. Within forty days after the sale of said lots, the sheriffs aforesaid shall make a report of the proceedings to the treasurer of the State of Georgia, and pay over the money received and deposit a schedule of lots sold, the amount of LAND LOTTERY.——1828. 247 sales, cash received, balance due for each lot, and from whom, and the sheriff shall receive as compensation for his services, five per cent. on the amount received, to be drawn for by war- rant, from his excellency the governor, on the treasury of this State. 164. Sec. VII. The sheriffs aforesaid shall enter on the duties required of them by this act, immediately after the first day of May, eighteen hundred and twenty-nine, for all such lots as may have been condemned and partitioned, and all such lots as there has been no judicial decision and partition, within sixty days after such decision and partition agreeable to law. An Act to make valid the title to all lots of Land in the first dis- trict of Muscogee County, for which grants issued previous to the resurvey of said district, and to make valid all grants which have been issued for fractions, and all draws of frac- tions, which were put into the wheel and drawn as whole lots, and to provide for the resurvey of such parts of said district, as have not yet been surveyed, and to compel the fraction selling Commissioners to compare their advertisements for sale of frac- tions in said districts, with the list offortunate Drawers in the Executive Office, and strike from the advertisement all such numbers of fractions or lots as may have been drawn by any *ndividual, and proceed to sell the balance of the fractions, in the order of their advertisement.—Passed 21st November, 1828. P. 98. 165. Sec. I. All and every grant or grants, which have been issued for any lot or lots of land in said district, previous to the resurvey of said district, are hereby declared to be good and valid, to the grantee for such lot of land, notwithstanding the marks and numbers may have been altered by the re- survey. 166. Sec. II. That all grants which issued for a fraction in said district, previous to its resurvey, and all which were drawn as whole lots, are hereby declared to be good and valid, and shall be deemed and taken as legal to all intents and pur- poses. 167. Sec. III. When it shall be ascertained that any part of said district has not been surveyed at all, the county sur- veyor shall proceed under the direction of three or more justices of the inferior court, of the county in which such deficiency may exist, to trace the resurveyed lines, of said district as far When the sheriffs to en- ter upon their duties under this act. What grants declared valid. What other grants de- clared valid, &c. When any part of said district is found not to be surveyed, what must be done. 248 LAND LOTTERY.—1828. as they extend, and shall run them out in the direction of said resurveyed lines, plainly marking and numbering the lots, in the manner pointed out by law. #. 168. Sec. IV. Immediately after the passage of this act, it ...” shall be the duty of the fraction selling commissioners, to com- pare their advertisements, for the sale of fractions in said dis- trict, with the list of fortunate drawers in the executive office, and strike from their advertisement, all such numbers as may have been drawn by any individual, and proceed to sell the balance of the fractions, in order of their advertisement. An Act to provide for giving possession to the purchasers of the State's interest in Lands sold in pursuance of an act, passed the twenty-second day of December, eighteen hundred and twenty-seven.—This act passed 20th December, 1828. P. 102. The mode of 169. Sec. I. Be it enacted, &c. That in all cases where giving pos- tº ſº ſe isiºn ºf there may be persons in possession of the lands authorized to chasers of the *... be disposed of by the above mentioned act, who may refuse to est in lands .." give possession to the purchasers of the State's interest therein, as having ;:... it shall be the duty of the sheriff or deputy sheriff of the county where the land may be situated, upon the application of the holder of the certificate, to cause forthwith the person or per- sons so refusing to be ejected, and the party applying holding said certificate, to be invested with the quiet and peaceable possession of the premises mentioned in said certificate; and should said sheriff or deputy refuse or neglect to comply upon proper application being made, he shall be liable on his bond to the party applying, for the damages he may sustain by such refusal or neglect. * 170. Sec. II. The sheriff or deputy, carrying into effect the * provisions of this act, shall be entitled to ask and receive from the person or persons refusing to give possession, the sum of five dollars for his services, to be collected after the manner of collecting money under execution in this State. LAND LOTTERY.—1828. 249 An Act to sell and dispose of the State's interest in the square tracts of Land not drawn by any person in the Land Lottery, also the square tracts given up by the persons to whom they have been granted, or by whom they have been drawn in ea:- change for fractions in the first district of originally Musco- gee county.—Passed 20th December, 1828. P. 103. 171. Sec. I. The sheriffs in the county of Marion and Craw- The sheriffs of Marion ford be, and they are hereby authorized and required to adver- ºil tise and expose for sale to the highest bidder, as hereinafter certain land". directed, all the State's interest in the square tracts of land not drawn by any person in the late land lottery, lying in their respective counties; also the square tracts given up by the per- sons to whom they were granted, or by whom they have been drawn in exchange for fractions in the first district of Musco- gee county. 172. Sec. II. It shall be the duty of the surveyor general, The survey: or general's to furnish the sheriffs of said counties with an accurate list of duty in ſº: all the square tracts of land aforesaid, numbered according to †: the present plot of said district, and so soon as the sheriffs afore- said shall receive the said lists, it shall be their duty to adver- sº tise the same in the Columbus Enquirer, and also in one of the *::::::::: public gazettes published at Milledgeville, at least sixty days * before the day on which the said lots of land are to be sold, setting forth the number of said lots, also the hours on which the said sale will open. 173. Sec. III. The said sheriffs shall sell the said lots of What terms, stipulations, land upon the same terms, stipulations and conditions, and in ãº. all other matters in relation to the said sale, shall be governed "*** by the directions and provisions of the act, entitled, “an Act to sell and dispose of the States’ interest in lots of land in the late purchase, which have been, or hereafter may be relinquished to the State,” &c. passed on the twenty-fourth day of December, eighteen hundred and twenty-seven. An Act for the relief of certain drawers in the Land Lottery of eighteen hundred and twenty-one, in all cases.—Passed 20th December, 1828. P. 104. Whereas, many mistakes from bad spelling, and transcribing the names of persons entitled to draw or draws in the land lottery of eighteen hundred and twenty-one, does exist, to wit: in the 39 250 LAND LOTTER.Y. — 1828. The governor to correct certain mis- takes in the land lottery of 1821. Proviso. Further pro- viso. Hours the fraction sell- ing commis- sioners are to be governed by. counties of Dooley, Houston, Monroe, Henry, and Fayette: for remedy whereof, 174. Sec. I. Whenever it shall satisfactorily appear, that a mistake has been committed, either by the commissioners, their clerks, or the person originally registering their names in the different counties, it shall be the duty of his excellency the go- vernor, and he is hereby required to order such alteration made, as will secure to the bona fide drawer his or her right, his or their heirs or devisees, according to the justice of the case, and the truth of the matter, and all grants which may issue in consequence of such mistake, thereby be null and void : Pro- vided however, the holder of such grant or grants issued through mistake, do return the same to the executive; and his excel- lency the governor is authorized and required to refund to such grant holder, the sum of money paid as office fees, and he shall then cause the true name to be inserted therein in the records of the different offices, which grants when so altered, shall be good and valid in law; any thing to the contrary notwithstand- ing: And provided also, that nothing herein contained shall deprive the State of its proper fees on the grant or grants that may be so corrected and issued from the proper grantee. An Act to alter and amend the first, fourth, and seventh sec- tions” of an Act, assented to the twenty-second day of De- cember, eighteen hundred and twenty-seven, entitled, an Act to dispose of the residue of the Lands heretofore reserved for the use of the State.—Passed 8th December, 1828. P. 105. 175. Sec. I. So much of the first section of the aforesaid act, as requires the commissioners appointed to carry into effect said act, as provides that the commissioners shall not continue said sales after two o'clock in the afternoon, be, and the same is hereby repealed; in lieu thereof, the said commissioners shall be authorized to continue said sales until ſour o'clock in the afternoon. 176. Sec. II. So much of the fourth section of the aforesaid act as requires said commissioners, on the payment of the one- fifth part of the purchase money in specie, or current bills of any chartered bank in this State, to give to the purchaser a certificate, stating the amount paid, and the amount of pur- chase money then due, to be so altered and amended as to au- The purchas- er to pay 5 per cent. on the amount of the purchase in cash, &c. * For these see sections 141, 145 and 148. LAND LOTTERY.—1828. 251 thorize the said commissioners to demand and require of each purchaser, of fractions, lots, or islands, to pay immediately after any fraction, lot, or island is, or may be bid off, the sum of five per cent, on the purchase, and the balance to make one-fifth part, as is now provided by the aforesaid act. 177. Sec. Ilſ. So much of the seventh section of the afore- said act, as provides, that any person or persons, bidding for fractions, lots, or islands, and ſailing to comply with the provi- sions of the fourth section of the act aforesaid, shall forfeit the right of having any further bid or bids cried by the commission- ers, and that, the said commissioners shall, on the next day of sale, put up and offer said fraction, lot or islands for sale, as though it had not been previously bid off, be and the same is hereby repealed. 178. Sec. TV. From and after the passing of this act, that if any person or persons bidding for fractions, lots, or islands as aforesaid, and failing to comply with the provisions of the second section of this act, shall forfeit the right of having any further bid or bids cried by the commissioners, and the commissioners may on the same day of sale, put up and offer said fraction, lot, or island for sale, as though it had not been previously bid off. An Act more effectually to Define the Mode of Perfecting Ser- vice on persons whose Lands may hereafter be returned as having been fraudulently drawn within the counties of Lee, Harris, Talbot, Troup, Marion, Merrewether, Coweta, Car- roll, Randolph and Campbell.—Passed 22d December, 1828. P. 106. 179. Sec. I. In future wherever any person or persons’ land shall be returned within either of the counties aforesaid, as having been fraudulently drawn and obtained, such fortunate drawer, or his or their lawful agent or attorney, shall be enti- tled to service, either by being personally served with a copy of the scire facias, or by leaving the same at his or her notorious place of abode : Provided, he, she, or they reside within the or- ganized limits of this State, so that the same can be lawfully done: And provided further that in all cases where it shall be made appear to the court, before whom such information and scire facias is triable, that such fortunate drawer or drawers have bona fide sold and conveyed said lands; then and in that case, such bona fide owner of such lands shall be entitled to personal service of such information, unless it shall be made Any person bidding off a fraction and not comply- ing, what the CO II, ImlSSI. On- ers must do. Service, how perfected on a person whose land is returned as fraudu- lent. Proviso. Further pro- viso. 252 LAND LOTTERY.—1828. Sheriff's du- ty in giving personal ser- vice on any defendant. Where per- sonal service cannot be ef- fected, what must be done. Any person intending to return land as being fraudulently drawn, he must give bond and security. The condi- tion of the bond. appear that such bona fide purchaser resides without the or- ganized limits of this State, so that the same cannot be law- fully done. 180. Sec. II. In all cases where any defendant is entitled by this act to personal service, it shall be the duty of the sheriff of the county in which such defendant usually resides, to exe- cute the same twenty days previous to the court to which the same is returnable, and to make a return thereof by mail or otherwise, to the clerk of the superior court of the county in which such information is triable. 181. Sec. III. In all cases under the provisions of this act, where personal service cannot be perfected, it shall be the duty of the court before whom such information is triable, to order service to be perfected by publication thereof in one or more of the public papers of this State, printed in Milledgeville once a month for three months, before the sitting of said court at which the same is triable. 182. Sec. TV. In all cases where any person intends to re- turn any tract of land fraudulently drawn, before he shall be allowed to do so, he shall first give bond and security in the sum of five hundred dollars, to the justice of the inferior court, of the county, where the land lies, conditioned to indemnify the individual drawer of such tract of land for all damages he may sustain, provided the land is not condemned as fraudulent.” 183. Sec. V. All laws and parts of laws, militating against the true intent and meaning of this act, be and the same are hereby repealed. An Act to sell and dispose of the fractional parts of Surveys of Land which remain unsold in the counties of Walton, Gwin- nett, Hall, Habersham and Rabun; and also all such parts of lots of Land as have been forfeited to the State, as having been fraudulently drawn.—Passed 20th December, 1828. P. 107. 184. Sec. I. The sheriffs of the aforesaid counties are here- by authorized and required to advertise and expose for sale to the highest bidder, agreeable to the provisions of this act, all the fractional parts of surveys of land which remain unsold in each of the several counties aforesaid; and also all such parts of lots of land as have been forfeited to the State as having been fraudulently drawn. The sheriffs of several counties to sell certain lands. * See form of this section, Appendix title Forms. LAND LOTTERY.—1828. 253 185. Sec. II. The highest bidder for any of the aforesaid frac- ...” er to pay one-fourth of tions, and also all such parts of lots of land as have been forfeited ... to the State as having been fraudulently drawn, shall be the tº buyer, who shall pay to the sheriffs aforesaid one-fourth of the purchase money in cash, or bills of the chartered banks of this State; on the payment of which, the said sheriff shall give to lºº such purchaser a certificate stating the amount of said purchase ...". money then due, and to be paid in three equal annual instal- Iments. 186. Sec. III. If any purchaser shall fail to pay to the The pº chaser fail- * g ºr tº ing to pa treasurer any instalment at the time the same may become ###". due, or within sixty days thereafter, he shall forfeit the sum ...rit. paid, and the land revert to and become the property of the State. 187. Sec. IV. When the last instalment is paid agreeable W. to the face of said certificate given by the sheriff aforesaid, it . the governor shall be the duty of his excellency the governor to cause a ..." grant to be filled up in the name of the holder of the said certi- #.” ficate, on his or their paying the sum of four dollars, 188. Sec. V. The surveyor general shall furnish each of º: the several sheriffs of the counties aforesaid with a copy plot of Hºnº- the several fractional parts of surveys of land which remain in Pºº. the county of which he is sheriff, at least twenty days previous to the day of sale, for which he shall receive an adequate com- ºpen- pensation. 189. Sec. VI. The certificates granted under this act, shall Certificates be transferable, and any legal holder thereof, when the last in- transferable. stalment due thereon is paid, shall be entitled to a grant for the same on paying the office fees as aforesaid. 190. Sec. VII. The Sheriffs aforesaid shall advertise in one º, of the public gazettes of Milledgeville, and at their respective ºf court houses, at least thirty days before the day on which the sales, &c. fractions aforesaid, and also all such parts of lots of land as have been forfeited to the State as having been fraudulently drawn, - will be offered for sale, setting forth the number of said fraction, the district, the quantity of acres in each; and also the number, the district and quantity of acres in each of said parts of lots of land, as have been forfeited as aforesaid, the hours on which the sale will commence and close. 191. Sec. VIII. The sheriffs aſoresaid shall, within forty days jºir. after their sales, make a report of their proceedings to the trea- ºr surer of this State, and pay into the treasury the money received, and deposit a schedule of the fractions sold, and also all such parts of lots of land forfeited as aforesaid, the amount of sales, 254 LAND LOTTERY.—1829. cash received, and balance due for each fraction or part of lot forfeited as aforesaid, and from whom ; and the said sheriff shall receive as compensation for his services five per cent. on the amount of money received, to be drawn for by warrant from his excellency the governor on the treasury of this State. º; 192. Sec. IX. The sheriffs aforesaid shall before entering i., on the duties required by this act, give to his excellency the ”* governor, bond with approved security, in the penal sum of ten thousand dollars, faithfully to perform said duties. .* 193. Sec. X. His excellency the governor, be, and he is *"... hereby authorized and required within sixty days after the pas- "*" sage of this act, to forward to the justices of the inferior court of the several counties aforesaid bonds, to be filled up in their presence, or in the presence of any two of them, by said she- riffs, immediately after which the sheriffs aforesaid shall imme- diately proceed to the duties required by this act. 194. Sec. XI. All laws and parts of laws militating against this act, be, and the same are hereby repealed. An Act to eatend the time for fortunate drawers in the Land Lotteries of eighteen hundred and eighteen, eighteen hundred and nineteen, and eighteen hundred and twenty-one, to take out grants for Lands thus drawn; and after the time specifted, to vest the same in the State.——Passed 9th November, 1829. P. 118. Timºd 195. Sec. I. Be it enacted, &c. That every person who was but grants a fortunate drawer in the land lotteries, by authority of the acts passed on the fifteenth day of December, eighteen hundred and eighteen; on the sixteenth day of December, eighteen hundred and nineteen; and on the fifteenth day of May, eighteen hun- lºtsov dred and twenty-one, shall have until the first day of Novem- ber, eighteen hundred and thirty, to take out his, her, or their grant, upon paying into the treasury the sum of eight dollars. ... 196. Sec. II. From and after the first day of November, out by that i. eighteen hundred and thirty, the lands so drawn as aforesaid, *** and not granted, shall revert to and become the property of the State. :::::::::, 197. Sec. III. This act shall not extend to any lot, or lots &c. of land drawn by orphans, until three years after the said or- phans shall have arrived at the age of twenty-one years, nor to any lots drawn by idiots, or lunatics, or persons who have de- parted this life since they gave in for a draw or draws in said lotteries of eighteen hundred and eighteen, eighteen hundred LAND LOTTERY,-1829. 255 and nineteen, and eighteen hundred and twenty-one, and whose estates are unrepresented, nor to any lots numbers ten and one hundred, set apart for the purposes of public education. Sec. IV. [Repeals all laws militating against this act.] Sec. V. [Makes it the duty of the governor to have the above act published.] NotE. The time for taking out grants under both of the above named lotteries, have been extended from time to time, down to the passage of this act. In 1823, the fees on the grants of the former lottery was reduced to $12, and in 1826, to $8, and the lottery of 1821, to $10, and in 1827 to $8. [But see in page 147, acts of 1830, time of taking out grants in the lotteries of 1819, 1819, and 1821, extended to 20th No- vember, 1831, and fees reduced to 6 dollars; and in page 147, time to take out grants in the lottery of 1827, extended to 25th December, 1837, and ſees reduced to 8 dollars.] An Act to eaclend the time for fortunate drawers in the Land Lottery of eighteen hundred and twenty-seven to take out their grants.-Passed 19th December, 1829. P. 120. 198. Sec. I. Be it enacted, &c. That all and every person who was a fortunate drawer in the land lottery, by authority of ..." an act, passed the ninth day of June, eighteen hundred and ºf...;; twenty-five, and by virtue of an act, passed on the twenty-fourth * of December, eighteen hundred and twenty-five; also by vir- tue of an act, passed on the fourteenth day of December, eigh- teen hundred and twenty-six, shall have until the twenty-fifth day of December, eighteen hundred and thirty, to take out his, her, or their grant or grants for the land drawn by him, her, or them, under the same restrictions as heretofore practised, any law to the contrary notwithstanding. An Act to eactend the time for fortunate drawers in the Land Lottery of eighteen hundred and twenty-seven, to take out their grants.--Passed 22d December, 1829. P. 120. 199. Sec. 1. Be it enacted, &c. That all and every person Time orial. who was a fortunate drawer in the land lottery, by authority of ... the act passed the ninth day of June, eighteen hundred and “ twenty-five, shall have until the twenty-fifth day of December, eighteen hundred and thirty, to take out his, her or their grant 256 LAND.-LOTTERY ACT.-1829. Fees reduc- ed to 12 dolls. Provisions in favour of il- legitimate children who have drawn land. The mother inherits the the lands drawn by il- legitimates, when they die intestate and without issue. or grants for the land drawn by him, her, or them, and that a grant or grants shall issue to him, her, or them, for the same, according to the provisions of the twenty-first section of the said act, on paying into the treasury of this State the sum of twelve dollars. e An Act for the relief of certain fortunate drawers in the Land Lottery, authorized by the Acts of June ninth, eighteen hundred and twenty-five, and December twenty-fourth, eighteen hundred and twenty-five, and to point out the manner in which land drawn by Illegitimate Children shall descend.—Passed 22d December, 1829. P. 121. 200. Sec. T. Be it enacted, &c. That where any person or persons shall have been fortunate drawers in the land lottery authorized by the acts of June ninth, eighteen hundred and twenty-five, and December twenty-fourth, eighteen hundred and twenty-five, and who may have been returned as an orphan or orphans, by the person who may have given in their names for a draw or draws, when in fact said person or persons may have been an illegitimate child or children, shall not be held, deemed or considered as a fraudulent draw, under any of the provisions of said acts, but the same shall be as fully and en- tirely vested in him, her, or them, as if no such misrepresenta- tion, as aforesaid, had been made by the person who gave in the name or names of said person or persons, for a draw or draws, any law to the contrary notwithstanding. 201. Sec. 11. Whenever any illegitimate child, having drawn a lot of land in the said lottery, and who has, or may die intes- tate, without child or children, or the representatives of chil- dren, and without brothers or sisters on the maternal side, then and in that case the said land shall descend to, and vest in the mother." An Act to limit the times of fraudulent returns in the late acquired Territory.—Passed 22d December, 1829. P. 105. 202. Sec. I. Be it enacted, &c. That from and after the first day of July next, it shall not be lawful for any lot of land to be returned as fraudulently drawn, in the counties of Camp- bell, Coweta, Carroll, Troup, Merrewether, Talbot, Marion, Limits the time for re- turning land as being fraudulently drawn, to 1st July, 1830. * See further as to the persons inheriting property of illegitimate children, Prin, Dig. p. 136. LAND.—HEAD RIGHTS AND BOUNTY w ARRANTS.–1823. 257 Lee, Harris, and Randolph, any law to the contrary notwith: standing. An Act to revive, amend and continue in force an Act, entitled, “An Act to eactend the time of taking out Grants on surveys made on head rights and bounty warrants.--This act passed 2d December, 1823. P. 80. Sec. I. [Repealed by first section of the act of 1825.] 203. Sec. II. Be it enacted, &c. That where any survey ..., has been heretofore made on head rights or bounty war- ºld grants not rants, and grants thereon have not been obtained, such land fººd, what must be shall not be subject to a resurvey until the expiration of the done before it is subject time herein limited, and until three months from and after the *** person or persons claiming under the original survey shall have been notified that such resurvey is intended to be made, and that in all cases the person or persons claiming under the original survey shall be entitled to the preference of making such resurvey until the expiration of three months from the time of such notification; and in the event of there being no claimant residing on or near the land to be thus resurveyed, such notice shall be perfected by giving three months notice by public advertisement at the court house of the county where such land may lie, and in one of the public gazettes of this State. - 204. Sec. III. It shall be the duty of all surveyors who surveyor shall make any such resurvey, to certify on his return to the tº surveyor general that due notice according to the provisions of fººth. this act had been given, and no grant obtained on such resur- vey shall be valid, unless accompanied with such certificate : Provided, nothing in this act shall affect the rights of orphans, Proviso. or persons under the age of twenty-one years, and that all such persons shall be allowed one year after they arrive at the age of twenty-one years to take out their grants. Sec. TV. Temporary. An Act supplementary to and amendatory of [the foregoing.]— Passed 20th December, 1823. P. 78. 205. Sec. 1. Be it enacted, &c. That so much of the above Notice of: months not recited act as requires notice to be given three months before ºnly in SOD16, CăS£Se a resurvey can be made, shall not be so construed as to extend to any tract of land on which no claimant resides, or which is 33 258 Within what time grants may issue to persons who had surveys made on head rights or bounty W arrantS. Re-enacts the act of 17th December, 1825. LAND.—HEAD RIGHTS AND BOUNTY WARRANTs.—1825, 6, 7. unoccupied or unimproved, any law to the contrary notwith. standing. An Act to revise and amend the several Land Acts now in force in this State in relation to vacant Lands surveyed on head rights and bounty warrants.--Passed 17th December, 1825. P. 116. 206. Sec. I. Be it enacted, &c. That any lands heretofore surveyed under the laws regulating surveys made on head rights and bounty warrants, may be granted to the person or persons for whom the same was surveyed, upon the payment of the usual fees by the first day of December, eighteen hundred and twenty-six, or within four years from the date of such sur- veys as may be hereafter made. An Act to continue in force an Act, entitled, “An Act to revive and amend the several Land Acts now in force in this State, in relation to vacant lands and lands surveyed on head rights and bounty warrants,” passed 17th December, eighteen hundred and twenty-five.—This act passed 30th November, 1826. P. 110. 207. Sec. I. The said act passed the seventeenth day of December, eighteen hundred and twenty-five, to revise and amend the several land acts now in force in this State in re- lation to vacant lands, and lands surveyed on head rights and bounty warrants, be, and the same is hereby re-enacted, and to continue in force until the same shall be altered by law ; any law to the contrary notwithstanding. An Act to prevent the surveying or granting of certain Lands, either under head rights or any other way; and for other pur- poses.—-Passed 24th December, 1827. P. 127. Whereas, the dividing line between the State of Georgia and Florida, has not yet been run and marked, but when run, must be from the head or source of St. Mary's river straight to the confluence of Flint and Chattahoochie rivers; and whereas, it is believed that the said line must and of right ought to com- mence from the head or source of the south branch of the St. Mary's river, in which event a large portion of territory will be included within the limits of Camden county, and subject to be surveyed and granted as vacant lands: MILITIA.—1820. 259 208. Sec. I. Be it enacted, &c. That it shall not be lawful ..." for any portion of the territory lying between a direct line from iº" Ellicot's mound, upon the north branch of the St. Mary's ſº river, to the junction of the Flint and Chattahoochie rivers, and the dividing line which may hereafter be run and marked between the State of Georgia and Florida, to be surveyed and granted as vacant land, or in any other way, or for any other purpose, until provision therefor shall be made by law ; and that all surveys which shall be so made, shall be, and the same are hereby declared null and void. 209. Sec. Il. When the said line shall be run and marked, º, be if any portion of territory shall be included within the State of Bevalid. Georgia which may be claimed and held under and by virtue of a grant or grants from the United States, upon purchase made previous to the passage of this act, then, and in that case, the said grant or grants shall be, and they are hereby declared good and valid to all intents and purposes: Provided, ” the United States shall and do within two years from the time of running and marking said line, pay to the State of Georgia the amount for which the territory so held and granted may have been sold by the United States. ——ºe—— MILITIA. An Act to create two new Brigades in this State, to compose the fifth and sixth Divisions of Georgia Militia.-Passed 13th December, 1820. P. 9. 1. Sec. T. Be it enacted, &c. That the counties of Rabun, 2d brigade of 5th (iivi- Habersham, Hall, and Gwinnett, shall compose the second vision form- brigade of the fifth division Georgia militia; and that the coun- *: ty of Walton be added to the first brigade of the fifth division. Bºth * vision. 2. Sec. II. The counties of Twiggs, Wilkinson, Laurens, 1stbrigade. and Pulaski, shall compose the first brigade of the sixth divi- 6th division. sion, and that the counties of Telfair, Appling, Irwin, and . Early, shall compose the second brigade of the sixth division of Georgia militia; which said brigades shall form and be known as the sixth division Georgia militia. 260 MILITIA.—1821. IIow many companies of horse, of ar- tillery, and of riflemen shall be at- tached to each regi- ment. Exceptions. One volun- teer compa- ny may be raised in Washington county. An Act to amend the forty-second section of an Act to Revise and Consolidate the Militia Laws of this State,” and to repeal the Cavalry Laws now in force.—Passed the 16th May, 1821. Fall session. P. 17. 3. Sec. I. Be it enacted, &c. That the forty-second section of the before recited act, which is in the following words, to wit: That not more than one company of horse, one of artillery, and one company of riflemen, (each to consist of not less than forty, nor more than one hundred, exclusive of officers) shall be attached to each regiment, except in the cities of Savannah and Augusta, where there shall be no restrictions so as to pre- vent the existence of any number of volunteer corps, or any number of men in each company, exceeding the number above mentioned, shall be altered and amended so as to read in the following words: That not more than one company of horse, one of artillery, and one company of riflemen (each to consist of not less than forty nor more than one hundred, exclusive of officers) shall be attached to each regiment, except in the cities of Savannah, Augusta, Darien, and town of Louisville and county of Liberty, where there shall be no restrictions so as to prevent the existence of any number of volunteer corps, or any number of men in each company. 4. Sec. II. All laws and parts of laws militating against this act be and the same are hereby repealed. An Act to amend an Act passed on the sixteenth day of May, eigh- teen hundred and twenty-one,f amendatory of the forty-second section of an Act to Revise and Consolidate the Militia Laws of this State, and to Repeal the Cavalry Laws thereof—Passed 24th December, 1821. P. 102. 5. Sec. I. From and after the passing of this act, it shall and may be lawful for one volunteer company of light infantry to be raised in the county of Washington, to be known by the name and style of the Washington Guards. 6. Sec. II. The said company shall be placed on the same footing with all other corps of the like description in this State, except the restriction in the before recited act, requiring not less than forty, nor more than one hundred men, exclusive of offi- What ſooting said compa- my shall be placed on. * See Prince's Digest, P. 337. # The foregoing act. MILITIA.—1822. 261 cers, to constitute a company, any law to the contrary notwith- standing. An Act more effectually to define the duties of the Adjutant Gen- eral, Division and Brigade Inspectors, and to regulate their pay, &c.—Passed 23d December, 1822. P. 57. 7. Sec. I. From and after the passing of this act, it shall and it is hereby required to be the duty of the brigade inspec- tors of the several brigades of militia of this State respectively, to attend at all reviews of inspection which may be lawfully ordered by the brigadier generals thereof; and to perform the duties of training and inspecting the militia as heretofore re- quired of the adjutant general, in conformity to the laws of this State; and that it shall be the duty of the said brigade inspec- tors, to make out two complete brigade reports of inspection, one of which shall be transmitted with the least possible delay to the adjutant general's office, and the other to the division in- Spector's, which division inspectors respectively shall and are hereby required to consolidate the same and transmit them to the major generals of their divisions. 8. Sec. II. It shall be the duty of the adjutant general to consolidate the said brigade reports transmitted to him, subject to the order and control of the governor and commander in chief. 9. Sec. III. The said adjutant general, division and brigade inspectors shall, while in the actual discharge of the duties re- quired of them, not exceeding thirty days in any one year, be and they are hereby entitled to the same pay, rations and transportation, as are severally allowed to officers of like grade in the army of the United States:* Provided always, that said officers shall make out their accompts for services actually per- formed, and to certify upon honour as to the time of such ser- vice, which accompts so certified shall be paid, by warrant from the governor, out of any money in the treasury not other- wise appropriated. 10. Sec. IV. All laws and parts of laws militating against this act be and the same are hereby repealed. gº * See sec. 26. Duty of bri- gade inspect- Ol'Ss His duty in making a report. To consoli- date the bri- gade reports. Compensa- tion of the adjutant general, di- vision and brigade in- spectors. Proviso. 262 MILITIA.—1822. What num- ber of men a volunteer ri- fle corps may enlist from a mili- tia company district. Proviso, How many volunteer ri- fle corps there may be in a county. May enlist men out of either regi- ment, and by whom com- manded. When a vo- lunteer rifle corps shall contain as , many as 126 privates, what may be done. How officers to take rank. Commissions to Vacate un- der certain conditions. Colonel's du- ty in vacat- ing the com- missions. An Act for the Encouragement of Rifle Corps.-Passed 23d December, 1822. P. 59. 11. Sec. I. When any militia company district shall con- tain more than sixty-three effective men, it shall be lawful for any volunteer rifle corps established in the same county, to enlist all above that number: together with one-fifth of that number; and when any militia company district shall not con- tain more than sixty-three offective men, it shall be lawful for any volunteer rifle corps, established in the same county, to enlist one-fifth of the number which such militia company dis- trict may contain: no volunteer rifle corps shall contain a larger portion than the above mentioned, and no other limits shall be affixed to their number: Provided nevertheless, that this law shall not be allowed so to operate as to reduce the number of effective men in any militia company below forty. 12. Sec. 11. There shall not be more than one volunteer rifle corps in any county: in counties containing more than one regiment, the volunteer rifle corps of the county may enlist men from either or any of the regiments of the county, and shall be subject to the command of the oldest colonel of the county. 13. Sec. III. When any volunteer rifle corps shall contain as many as one hundred and twenty-six privates, it shall be lawful for such volunteer rifle corps to elect a third and a fourth lieutenant, and a second ensign, to be commissioned by the governor: in this case the second lieutenant shall rank as first lieutenant and the third and fourth lieutenants shall rank as second lieutenant and the second ensign shall rank as an en- sign. 14. Sec. IV. When any volunteer rifle corps containing the additional officers authorized by the third section, shall for six months together have fewer than one hundred and twenty- six privates, the commissions of such additional officers shall be deemed to be vacated, and it shall be the duty of the colo- nel commanding to enforce this section of the law. An Act to authorize upon certain conditions, the Organization of Squadrons of Cavalry in the first Military Division of this State, and for the Encouragement of Wotunteer corps of Ca- valry within the same.—Passed 28th December, 1822. P. 61. Whereas it is important to encourage the formation and dis- cipline of a competent body of volunteer cavalry in this State, MILITIA.—1822. 263 and experience has proved that the present laws are inadequate to this purpose. And whereas in certain sections of this State from the pecu- liar character of a portion of its population, this species of force is more particularly essential to the defence and protection of the inhabitants thereof: 15. Sec. I. It shall and may be lawful, from and after the . squadrons of passing of this act, and on the conditions therein expressed, to ...", organize squadrons of volunteer cavalry within the first military ...º. division of this State, and to recruit the companies which com- where they pose any squadron within the divisionin which they are raised; #" which squadrons, when so organized shall be attached to such ãº. division, and the officer commanding such squadron shall re-division. port immediately to the major general commanding the division to which he is attached. 16. Sec. II. It shall and may be lawful for the major gen- * eral of the first division of the militia of this State, upon the ap- ºne volunteer plication of the commanding officer of any volunteer corps of jº" cavalry within the division under his command, to authorize the formation of a squadron of cavalry within such division, and it shall be his duty so to do, if in his opinion the good of the service and the protection of the inhabitants living within his division, or any brigade thereof shall require the same. 17. Sec. III. If the major general of the first division of the lºº, militia of this State, shall, upon such application as is provided “” for in the preceding section, determine to authorize the estab- lishment of a squadron of cavalry within his division, he shall proceed without delay to the organization of the same, and for this purpose he shall issue his order to the senior officer of ca- valry in his division, authorizing and requiring him to proceed to hold an election for a major to command the same, upon forty days notice thereof, at a convenient place, to be desig- nated in the said order; at which time and place the commis- sioned officers of cavalry shall attend and give their votes, and the person having the highest number of votes shall be commis- sioned by the governor as major of the said squadron: Provided, who to prº- side at such That the return of said election shall be certified by a commis- election. sioned officer of cavalry within the said division who is not a candidate, and one justice of the peace, who shall jointly pre- side at the same. 18. Sec. IV. Each troop of cavalry in the first division of Each troop * * * , tº e º of cavalry to the militia of this State, shall consist of not less than forty men, iº, officers included, who shall be uniformed, mounted, and armed men, how mounted and with broad swords, and also with pistols, as soon as pistols shall armed 264 MILITIA.—1822. No troop to be entitled to the benefit of this act nor their com- missions valid, unless so mounted, &c. Proviso. What a squadron of cavalry shall consist of. The major to appoint his own staff. How often the captain is to parade and exercise his men. How often and how long the ma- jor is to pa- rade. Proviso. Each troop may make by-laws, &c. Proviso. Further pro- viso. be provided by the State; and no troop of cavalry in said first division shall be entitled to the benefits of this act, nor shall the commissions of its officers be valid, unless it shall consist of such number of men, who are so uniformed, mounted and armed: Provided, that nothing in this section shall be construed to deprive the Liberty Independent troop of cavalry of any pri- vilege which they enjoy under the laws now in force. 19. Sec. W. A squadron of cavalry in said first division shall consist of not less than two, nor more than five troops, and the major commanding the same shall appoint his own staff. 20. Sec. VI. Each captain of a troop of cavalry in said first division, whether attached to a squadron or not, shall pa- rade and exercise his men at least four times in each year; and that the major commanding any squadron of cavalry, shall pa- rade and exercise the same, either in squadron or detachment, as he may think proper, at least once in each year, for a period not exceeding three days at any one parade, after the arrival of the Squadron or detachment at its place of rendezvous; Pro- vided, that all orders for any muster or rendezvous, except in cases of special emergency, shall be given verbally on parade, or elsewhere in writing, and, with the above exception, captains and subalterns shall be entitled to twenty, and noncommis- sioned officers and troopers to ten days notice. 21. Sec. VII. Each troop of cavalry in said first division shall have power of making by-laws, and may prescribe the manner of imposing, collecting, and applying fines for monat- tendance at parades or musters of such troop, and fines for monattendance at any parade, muster, or rendezvous of the squadron, or any detachment thereof, may be imposed by a court of inquiry, to be appointed by the officer commanding such squadron or detachment for the time being : Provided, they shall not be more than double the fines imposed in such case by the rules of the troop to which the defaulter may be- long for each day's absence from such squadron or detachment parade, muster, and rendezvous: And provided also, That such fines when so imposed, may in every case be collected by exe- cution, under the hand and seal of the officer commanding such troop, detachment or squadron, directed to some fit and proper person, to be designated by him in such execution, which may be enforced against the goods and chattels of such defaulter, in like manner as executions issued by justices of the peace are enforced. 22. Sec. VIII. Each troop in said division shall be allowed to determine the uniform of its members; and the uniform of MILITIA.——1823. 265 the commanding officer of the squadron and his staff shall be ...e fixed by him, with the approbation of the major general of the #.” and the com- division to which he is attached: Provided, that in all cases ... ficer upon the uniform shall be blue. And all powers given to, or duties ºne g e & robation imposed on the major of any squadron shall, if that office be va- ºr ºjo: ſº {*IlêTale cant, devolve upon the next in command. j 23. Sec. 1X. For the purpose of encouraging the formation Ten years service in a of volunteer cavalry in said division, and as a compensation for ºr Itunteer caval- the expense incurred in maintaining the same, all persons duly ºil.” soldier to a enrolled in any corps of volunteer cavalry in said division, who ..., shall, after the passage of this act, have faithfully served in the ..." volunteer cavalry in the said first division for ten years, shall, * upon a certificate thereof from his commanding officer, or offi- cers, verified by his own oath, be entitled to receive from the major general commanding the division to which he is attached, a discharge from militia duty in future, in time of peace, and except in cases of alarm or insurrection: And provided fur- Proviso. ther, that nothing in this act shall be so construed as to exempt cavalry corps from duty or the colonels or commandants of re- giments whenever the civil authority may call upon the same for a military force. 24. Sec. X. All laws and parts of laws contravening the provisions of this act, be and the same are hereby repealed. An Act to lay off three new Brigades, and to create the seventh Division of Georgia Militia.--Passed 10th December, 1823. P. 99. 25. Sec. I. From and after the passing of this act, the coun-Istbrigade of 7th division ties of Rabun, Habersham, Hall and Gwinnett, shall constitute laid off. the first brigade of the seventh division of the militia of this State; that the counties of Walton, Newton, and De Kalb, ...ºf shall form a brigade, to be known and called the second brigade *** of the seventh division; that the counties of Jasper and Jones ºf the 5th divi- shall form the first brigade of the fifth division; that the coun- sº brigade of ties of Henry, Fayette, Pike and Monroe, shall form a new the ºf brigade, to be known and called the second brigade of the fifth sion laid off. division; that the counties of Bibb, Crawford, Houston, and i...ºf Dooley, shall form a new brigade, to be attached to and con-sion. stitute the third brigade of the sixth division of Georgia militia. 34 266 MILITIA.—1823, 1824. Pay of divi- sion and bli- gade inspect- OTS. Proviso. How their ac- counts shall be made out and paid. Division and brigade in- spectors may charge for 40 days’ service in a year. Aliens ex- empt from ordinary mi- litary duty. What duties they may perform. An Act to alter and amend an Act, more effectually to define the duties of the Adjutant General, Division and Brigade In- spectors, and to regulate their pay, &c. passed the twenty- third day of December, eighteen hundred and twenty-two.”— This act passed 17th December, 1823. P. 100. 26. Sec. 1. From and after the passage of this act, that di- vision and brigade inspectors shall receive, while in actual ser- vice, four dollars per day: Provided, that no division or brigade inspector shall charge for more than twenty days in any one year. 27. Sec. II. All accounts shall be made out according to the foregoing section, for the year eighteen hundred and twenty- three, and paid according to the provisions of the above recited act. 28. Sec. III. That so much of the before recited act as militates against this act is hereby repealed. An Act to eactend the time heretofore allowed by law for Divi- sion and Brigade Inspectors to perform their military duties. —Passed 20th December, 1824. P. 71. 29. Sec. T. From and after the passing of this act, the seve- ral division and brigade inspectors of Georgia militia, shall be allowed to charge for any length of time not exceeding forty days in any one year, for the actual military services required of them by law. An Act to eacempt all Aliens residing, or at any time being within the State of Georgia, from the performance of ordinary Militia duty, or other military duty, eaccept the duties hereinafter speci- fied.——Passed 9th December, 1824. P. 113. 30. Sec. I. Be it enacted, &c. That from and after the passage of this act, all aliens residing or at any time being within the State of Georgia, shall be exempt from the perform- ance of all ordinary militia duty, and other military duty, except patrol duty, alarm duty, and duties required for the suppression of insurrection, invasion or conflagration. 31. Sec. II. Every alien claiming the exemption as afore- said, shall, before he is entitled to the same, make oath before a judge of the Superior, or justice of the inferior court of this What an alien must do to be exempt as above. * See sec. 9. MILITIA.—1825, 1826. 267 State, or justice of the peace, that he is an alien, and that it is not his intention to become a citizen of the United States, which oath he shall present to the clerk of the superior court of the county in which he resides or may be, who shall file in his office the said oath, and register the name of the said alien in a book for that purpose, and shall furnish the said alien with a certificate under his hand and the seal of the said court, of such registry being made, for which certificate the said clerk shall be entitled to receive the sum of three dollars. [By a resolution of 18th December, 1824, p. 198, the gover- nor is authorized to have delivered to the officer commanding the squadron of cavalry attached to the first division the arms required, and that other troops of cavalry in this State be fur- nished with arms as they may need, on such terms and condi- tions for securing their return, as may be deemed proper by his excellency. The committee further recommend that all volun- teer corps in the State at any time be furnished with the arms they may require, on such conditions as his excellency the governor may impose.] An Act to exempt persons who are Ferrymen from performing Militia duty in time of peace.—Passed called session, 11th June, 1825. P. 21. 32. Sec. I. Be it enacted, &c. That from and after the passing of this act, all persons who are regularly employed as ferrymen, liable to perform militia duty, shall, for and during the period they are employed as aforesaid, be exempt from military duty, in times of peace. An Act to be entitled, an Act to create a new Brigade in the fifth Division of Georgia Militia, and to attach the same to the fifth Division.—Passed 21st December, 1826. P. 125. 33. Sec. I. From and immediately after the passage of this act, the counties of Monroe, Upson, and Butts, shall form the third brigade of the fifth division of Georgia militia : any law or parts of laws militating against this act be, and they are hereby repealed. Clerk’s fee. 3 dis. Ferrymen exempt from military duty in time of peace. 3d brigade of the 5th di- vision. 268 MILITIA.—1827. An Act to repeal so much of the twenty-second section of an Act, entitled, “An Act to revise and consolidate the Militia Laws of this State, and to repeal the Cavalry Laws now in force,” passed the nineteenth December, eighteen hundred and eighteen, as requires the senior officer present at all Courts of Inquiry to preside.—Passed 22d December, 1827. P. 136. 34. Sec. T. So much of the before recited act as requires the senior officer present at all courts of inquiry to preside, be, and the same is hereby repealed.* Wºº. 35. Sec. II. At all courts of inquiry hereafter to be held in of inquiry, this State, the officer being the highest in commission, present, shall preside; and when two or more of the highest and the same grade are present at the same court of inquiry, then the senior of such officers shall preside; any law, usage or custom to the contrary notwithstanding. An Act to create a new Division of Georgia Militia.-Passed 4th December, 1827. P. 137. º 36. Sec. I, From and after the passing of this act, the .*** counties of Monroe, Upson, and Butts, which includes the third brigade of the fifth division, and the counties of Crawford, Bibb, Houston, and Dooley, which includes the third brigade of the sixth division of Georgia militia, form a new division, to be known as the eighth division of Georgia militia, An Act to create and define a new Division of Militia, and two Brigades which shall form the same, in the territory lately ac- quired from the Creek Indians, lying between the Flint and Chattahoochie rivers, and west of the Chattahoochie river.— Passed 21st December, 1827. P. 138. gth division 37. Sec. I. From and after the passing of this act, the formed. & N º counties of Coweta, Carroll, Troup, Merrewether, Harris, Talbot, Muscogee, Marion, and Lee, be, and the same are hereby formed into a new division, to be known as the ninth division of Georgia militia. 1stbrigade of 38. Sec. II. The counties of Coweta, Carroll, Troup, and ." Merrewether, shall form the first brigade of the ninth division, 21 brigade of and the counties of Harris, Talbot, Muscogee, Marion, and the 9th divi- - & º e de sion, Lee, shall form the second brigade of said division. * See these sections, Prince's Digest, p. 331. MILITIA.—1828. 269 An Act to add the County of Butts to the second Brigade, fifth Division, Georgia Militia, and to add the County of Pike to the second Brigade, eighth Division, Georgia Militia.-Passed 16th December, 1828. P. 114. 39. Sec. I. From and after the passage of this act, the ºy county of Butts be, and the same is hereby attached to the .º. second brigade of the fifth division Georgia militia. 40. Sec. II. The county of Pike be, and the same is here.- ...; by attached to the second brigade eighth division Georgia ºi. militia. S10Be An Act to alter and amend a part of the fourteenth and twenty- first sections of the Militia Laws of this State, passed the nine- teenth day of December, eighteen hundred and eighteen,” so as to permit the Company Officers of the Militia to uniform in Homespun, and to alter the present mode of notifying default- ing Officers to Courts of Inquiry.—Passed 19th December, 1828. P. 115. 41. Sec. 1. From and immediately after the passage of this ſº tº e ‘ I tº , e. company on- act, the uniform of the company officers of the militia, shall or flººm” may be composed of homespun, deep blue cotton and wool, and made to correspond with the uniform at present worn by the militia officers with plated bullet buttons.f 42. Sec. II. Ten days previous notice shall be served in Notice to de- tº tº iº s ſº faulting of- writing, to any delinquent officer, noncommissioned officer or º private, by the adjutant or sergeant major, to all field and staff officers, and to commanding officers of the different companies, whose duty it shall be to issue orders to their respective ser- geants, to serve a notification on all subaltern officers, noncom- sioned officers and privates, of the time and place the court of inquiry shall sit. * See these sections, Prince's Digest, p. 324. 331. # See Prin. Dig. p. 327 and 331. 270 MILITIA.—1829.—PARTITION.—1827. An Act to amend the eighth section of an Act, entitled, an Act to revise and consolidate the Militia Laws of this State, and to re- peal the Cavalry Laws now in force, passed the 19th day of December, 1818.*—This act passed 22d December, 1829. P. 105. Whereas, the eighth section of the above recited act, requires two captains and two justices of the peace, or two justices of the inferior court, to superintend the elections of field officers: And whereas, it is many times found inconvenient to procure the attendance of said captains, from their being themselves candidates, or monattendance: for remedy whereof, Who may 43. Sec. I. From and after the passage of this act, it shall superintend ...tº and may be lawful for any two justices of the inferior court, or ficers. justices of the peace of the county, together with two freehold- ers, or a majority of them, to superintend said elections and make returns of the same as pointed out in said section, any law to the contrary notwithstanding. —eSee—— PARTITION. An Act to amend an Act, entitled, an Act to empower the general Court of Pleas to grant writs of Partition of Lands and T8- nements, held in coparcenary, joint tenancy, and tenancy in common in this Province, and appointing the method of pro- ceeding therein, passed the 26th March, seventeen hundred and sixty-seven.i-This act passed 22d December, 1827. P. 59. Whereas, by the before recited act, it is made the duty of the superior courts of this State, on application for a writ of partition, to appoint eleven persons to perform such duty, which from experience [is found] to be unnecessarily expensive; for remedy whereof, Wºº. 1. Sec. 1. Be it enacted, &c. That from and immediately tition direct- tº after the passing of this act, that whenever a writ of partition holders: a ... shall be granted in terms of the before recited act, it shall be act, and their duties. directed to five freeholders of the county where such writ shall issue; and said freeholders, or a majority of them shall have * For this section see Prin. Dig. p. 258. # See this act, Prin. Dig. p. 258. PATROL.-1824, 1827. 271 full power to perform all the duties required by the before re- cited act in cases of partition; and the said freeholders, or a majority of them, shall have power to select a surveyor to aid them in the discharge of their duties, and the said freeholders shall be subject to the same rules, regulations and restrictions as are prescribed by the before recited acts in all cases of par- tition, any law to the contrary notwithstanding, ——eSe— PATROL. An Act to discharge Females from the performance of Patrol duly.—Passed 24th December, 1824. P. 78. 1. Sec. I. Be it enacted, &c. That from and after the date of this act, no female in this State shall be subject to the per- formance of patrol duty. An Act to alter and amend the Patrol Laws in this State, so Jar as respects the counties of Laurens, Franklin, Burke, Co- lumbia, Glynn, Camden, Hancock, and Pulaski.”—Passed the 24th December, 1827. P. 178. Whereas, it frequently happens, either by resignation, re- moval or death, that the office of captain becomes vacated, by means of which, and by the neglect of the proper authorities to fill said office, patrol duty is entirely neglected, for the want of Some legal authority to appoint patrols; for remedy whereof, 2. Sec. 1. From and immediately after the passage of this act, whenever a vacancy in the office of captain may happen in any of the districts in the counties of Laurens, Franklin, Burke, Columbia, Glynn, Camden, Hancock, or, Pulaski, it shall be the duty of the justices of the peace, or justice of the the peace, (if there should be but one in the district,) in the dis- trict where the vacancy of the office of captain may happen, to appoint once in two months, on their or his justice's court day, patrols, under the same rules, regulations and penalties, which by the laws now of force in this State, it would be the duty of a captain to do, provided there was one in the district. Females dis- charged from the perform- ance of pa- trol duty. * Extended to the whole State by acts of 1830. p. 199. Justice of the peace may in certain cases appoint patrols in his district. 272 PEDLARS.–1822. 1824. Any person, appointed by virtue of this act, bound to SČI'We, Any free citi- zen of the U. S. may carry for sale any books, maps, &c. Proviso. 3. Sec. II. Any person who may be appointed patrols by virtue of the preceding section, shall be and they are hereby required to perform patrol duty, under the same rules, regula- tions and penalties, as patrols are by law required to do, who are appointed by captains of districts. —-CŞee— PEDLARS, An Act to authorize all free citizens of the United States to carry Books, Maps, Charts, and Mathematical Instruments from place to place for the purpose of sale.—Passed Novem- ber 25th, 1822. P. 67. Whereas, one of the best means of securing the perma- nence of our institutions, and promoting the virtue and happi- ness of the people, is the dissemination of useful knowledge: And whereas, the most certain method of effecting this dis- semination, is the carrying of books from place to place for sale among uS, 1. Sec. I. Be it enacted, &c. That from and after the first day of January next, it shall be lawful for all free citizens of the Uni- ted States to carry from place to place, and to sell, in this State, such number of books, maps, charts, and mathematical instru- ments, as they may think proper, without procuring license for so doing or being subject to taxation or interruption therefor: Provided, that this act shall in no wise contravene the provi- sions heretofore or hereafter enacted in relation to the itinerant traders in, or venders of other goods, wares and merchandise. An Act to alter and amend an act entitled an Act to Impose an Additional Taa, on Pedlars and other Itinerant Traders, pass- ed the ninth day of December, eighteen hundred and nineteen.” This act passed 9th December, 1824. P. 108. 2. Sec. I. From and immediately after the passing of this act, it shall be the duty of every pedlar, or itinerant trader wishing to vend goods, wares or merchandise, under a license from the State, to make application to the comptroller general, Pedlar wish- ing to vend goods, &c. under a li- cense of the state, must apply to the comptroller general: * See Prince's Digest, 339. PEDLARS.–1824. 273 whose duty it shall be to make out a license for the term of ...'. one year, to the person desiring to become a vendor of goods, “” wares or merchandise, upon the applicant first paying to the ºl. Comptroller general the sum of five dollars, for his services in ** making out such license; the licenses in all cases shall be for- warded immediately to the treasury department, and upon the º:” payment of one hundred dollars to the treasurer by the person to whom such license shall be granted, which said several sums shall be added to the unexpended balance in the treasury of each political year, the treasurer shall also be entitled to re-Treasurer, quire and receive from all persons to whom a license shall be fee, 2 dls. granted by the comptroller general, the sum of two dollars for Countersigning every license that may be demanded and exe- cuted in the treasury department after the next election for treasurer, which shall authorize him or them obtaining licenses ... aforesaid, to vend goods, wares or merchandise for the term of year. twelve months from the date of the license, within the limits of this State: Provided nevertheless, that there shall be one license Proviso. for every waggon, cart or other vehicle, employed or used in vending such goods, wares or merchandise. 3. Sec. 11. It shall be the duty of the comptroller general Comptrºller eneral to issuing licenses as aforesaid, to describe as nearly as he can, ºne applicant in in every license that he may issue, the age, size, complexion, ...” &c. of the person to whom such license is granted. 4. Sec. Ilſ. On oath being made before any judicial officer Pedlar trad: ing without of this State, justice of the inferior court, or justice of the peace, i.e. that a violation of this law has been committed, it shall be his with: duty to issue a warrant from under his hand, directed to any sheriff, deputy sheriff, constable or marshal of any town or city, commanding them or each of them to arrest the offender or offenders, seize or bring him or them and the goods, wares or merchandise which they may have in their immediate pos- session, before any judge of the Superior court, in term time, or before any of the justices of the inferior court or justices of the peace, and if on trial before any of them, it shall appear if the charge is malicious, from the evidence that the charge or charges are malicious or ºl. ischarged unfounded, he, she or they shall be discharged without cost, ..."it otherwise, he otherwise he, she or they shall be bound with one or more suſ. . bound over ficient securities in the sum of five hundred dollars in a joint ... and several bond, for his, her, or their appearance at the next superior court to be held in the county where such offence shall have been committed, and on failing to give such security Iſhe cannot give security, as the court shall deem good and sufficient, shall be committed ...; Committed to 35 jail. 274 PEDLARS.—1824, .* to jail; at which court the attorney or solicitor general shall or solicitor j." prefer a bill of indictment against the party so offending, who ;..." shall, if convicted, be fined by the court in a sum not less than Fine not less j; two hundred dollars, nor more than three hundred dollars, for tººls, each and every violation of this law, and the party so offending shall stand committed until such fine or fines be paid.” .. 5. Sec. TV. The fine or fines which may be incurred for each and every violation of this law shall be collected as all other fines or penalties; and when so collected shall form a fund in the hands of the clerks of the inferior court of the seve- ... ral counties in this State, and be appropriated at the discretion of the inferior court to the support and maintenance of the poor of the county where such offence is actually committed. ºn 6. Sec. W. This act shall not prevent the corporation of of any town ... any town or village from exacting from such pedlar or other may exact ſºn itinerant trader a sum not exceeding fifteen dollars, for every not exceed- ;:... day which he, she or they are found offering their goods, wares ſor d g º e ſº e j." or merchandise for sale therein : Provided, that nothing herein ſſering hi º º” contained shall be so construed as to compel any person to ob- Proviso. e e º g tain a license for trading on the manufactures of this State. Tº 7. Sec. VI. The revenue arising under this act shall be der this act * *} t. * ... added to and become a part of the poor school fund. poor School fund. By resolution of 22d December, 1825. P. 201, It was resolved, That it shall be the duty of the comptroller general to publish quarterly in one of the public gazettes of Milledgeville, Augusta, Savannah, Darien and Athens, the names of all pedlars and itinerant traders, who have taken out a license from him for that purpose. And further, That it shall be the duty of all civil officers in the different counties in this State to demand of all pedlars and itinerant traders, whether they have obtained a license from the comptroller general in conformity to the provisions of the before recited act [alluding to the foregoing act], and if such pedlar or itinerant trader shall refuse to produce such license upon such demand, such pedlar and itinerant trader shall be arrested by such officer and immediately taken before a justice of the inferior court or justice of the peace, to be dealt with as the law directs for a violation of the law aforesaid. And it shall be the duty of the clerk of the inferior courts in the different counties in this State to notify the comptroller general in writ- ---sº-º" * See form for this law, Appendix, title Forms. PENAL LAWS.—1820. 275 ing the names of all pedlars oritinerant traders passing through their respective counties. By resolution of 13th November, 1827. P. 273. The comp- troller general is required to give a like publication in Macon. And 1828. P. 221. directed to advertise in the Columbus En- quirer. —éSe— PENAL LAWS. An Act to amend an Act, to provide for the Payment of Costs in certain cases therein mentioned, passed the 13th December, 1816.”—This act passed 13th December, 1820. P. 57. 1. Sec. 1. Where any person shall be prosecuted for any All the pro- perty a per- criminal offence as enumerated in the before recited act, that sºn has at the time of all the property the person or persons so arrested, may have in º. ed bound for his, her or their own right, at the time of his, her, or their ar- . prosecution. rest, shall be deemed and held subject to the payment of all the costs which may have accrued by reason of such prosecu- tion. 2. Sec. II. It shall be the duty of the judges of the supe-Judgment to be entered rior courts, in the event of any person or persons being found ºgainst any person guilty of any offence as aforesaid, to cause judgment to be en-ſºº gº, for all costs tered up for all costs which may have accrued by reason of ..." the prosecu- said prosecution.f tion. 3. Sec. III. It shall be the duty of all officers entitled to ºn en- titled to costs on any conviction, laid as aforesaid, to hand in their ac- ºld in their ac- counts into the clerk's office of the superior court, within ten iº days after said conviction.f conviction. 4. Sec. IV. It shall be the duty of said clerk, within ten ś days after the receipt of the accounts in any case, as aforesaid, “” to issue execution for the amount appearing to be due by rea- son thereof, directed to, and collected by the sheriff as other cases; provided that nothing herein contained shall be so con- Proviso. strued as to prevent courts imprisoning persons found guilty as aforesaid until all costs are paid.ſ * For this act see Prince's Digest, p. 344. # These 2d, 3d and 4th sections amended by acts of 1830. p. 124. 276 PENAL LAWS.–1820. An Act to alter and amend the Penal Code of this State, passed the 20th day of December, 1817.-This act passed 20th De- cember, 1820. P. 99. [See next act amending this.] old crimes 5. Sec. I. Be it enacted, &c. That all crimes and misde- which the cºlºnish meanors which were recognized by the criminal laws in force ed with yº, in this State, previous to the passage of an act on the nineteenth prisonment :... December, eighteen hundred and sixteen, entitled “an act to be punished tº" reform the penal code of this State, and to adapt the same to implison- ... the penitentiary system,” and which crimes and misdemean- jail at discre- tion. ors, by an act entitled “an act to amend the penal code of this State,” passed the twentieth of December, eighteen hundred and seventeen, were punished by confinement in the peniten- tiary for a period of time not exceeding four years shall, in future, be punished by fine and imprisonment in some jail of said State, at the discretion of the court, or in such manner as was pointed out for the punishment of such offences by the criminal laws in force in this State, previous to the passage of ..". said act of the 19th December, 1816; and in all cases where crimes, made § the said acts of 1816 and 1817, or either of them, created any shall hereaf- i... new offences not recognized by the criminal laws in force in d in th iº º & º j this State, previous to the passage of said acts of 1816 and not exceed- #7. 1817, and which new offences created by the acts last afore- said, or either of them, were punished with death, shall not in future be punished by the death of the offender, but by confine- ment in the penitentiary at hard labour, for a period of time New created not less than seven years; and in all other cases of new crea- crimes, not capital, small ted offences by the said acts of 1816 and 1817, or either of be punished by imprison them, or offences not recognized by the common law, when ment in the Heilºniary, the punishment by said acts, or either of them, was confine- 4 years or ... ment in the penitentiary, or other punishment not effecting life, discretionary :... shall in future be punished by confinement in the penitentiary "*" for a period of time not less than four years, or by fine and im- prisonment in the common jail in some county in this State at #!... the discretion of the court; and in all other cases where pun- ſences pun- ...}}..." ishments are inflicted by the penal code now in force in this code, fine ºil." State, and not hereinbefore provided for, shall be punished by somment in i.e. fine, or by fine and imprisonment in the common jail in some ti * º 4- * º ºs to con county of this State, at the discretion of the court; and in all tinue to be te jºy cases where fines are directed to be assessed by the court, by the court in º º º º g certain cases, the penal code now in force in this State, where penitentiary punishment is not inflicted, the said fines shall continue to be assessed by the said court in cases where penitentiary punish- ment is, or may by this act be inflicted. PENAL LAWS.–1822. 277 6. Sec. II. The superintendence of the penitentiary shall ...: duced to 8 in be vested in three inspectors, with all the powers heretofore . vested in that body, and with authority to employ the neces- sary number of assistant keepers and guards, not exceeding the number heretofore provided by law; the said inspectors to be appointed annually by joint ballot of both branches of the leg- islature” to hold their appointments till their successors are ap- pointed—and the inspectors so appointed shall be entitled to Their pay. four dollars per day each, for every days actual service per- formed by them:f—Provided such demands do not amount in the aggregate, when applied to the whole board, to more than fifty-six dollars per month. An Act to alter and amend an Act passed the 20th day of De- cember, 1820, entitled an Act to alter and amend the penal code of the State,f passed the 20th day of December, 1817. —This act passed 23d December, 1822. P. 65. 7. Sec. 1. From and after the passing of this act, all crimes old crimes and misdemeanors which were recognized by the criminal º: laws in force in this State previous to the passage of an act on º: the 19th December, 1816, entitled “an act to reform the penal with impº sonment in code of this State, and to adapt the same to the penitentiary ºil. tiary as long System,”; and also an act entitled “an act to amend the penal ...º. shall be pun- code of this State,” passed the 20th December, 1817, and ...ent in the pemi- which crimes and misdemeanors by said acts, or either of them, ś. hard labour might have been punished by confinement in the penitentiary jºin for a period of time as long as four years, shall, in future, be “” punished by confinement in the penitentiary at hard labour, for a period of time not less than four years. 8. Sec. II. All crimes and misdemeanors which were re- Alºnes and misde- cognized by the criminal laws in force in this State previous to ºngº, which were the passage of an act on the 19th December, 1816, entitled tº y the code “an act to reform the penal code of this State, and to adapt ..."; sonment in the same to the penitentiary system,” and also an act entitled ...” tiary iess “an act to amend the penal code of this State,” passed 20th ºf.” tº & g te t b & December, 1817, and which crimes and misdemeanors, by said jº" G & t º such manner acts, or either of them, might not have been punished by im- iº. g ſº e g tº tº irected to be prisonment in the penitentiary for a period of time as long as Fººt * º * O º four years, shall, in future, be punished in such manner as such sage ºfte 2 2 p act of 19th December, 1816, *But see sec. 2, title Penitentiary, changing the mode of appointing officers of the penitentiary. # The foregoing act. j See Prince's Digest, P. 344. 278 PENAL LAWS.–1822. New created offences, which were punished with death by the code, shall in fu- ture be pu- mished with death. All other new created offences, which were by the code punished with confinement in the peni- tentiary, or other punish- Iment not af- fecting life, shall be pu. nished by confinement in the peni- tentiary at hard labour, not less than 4 years nor lmore than 7 years, or by fine, or by fine and im- prisonment, at discretion. In all of fences, where punishments were inflict- ed by the code, and not here provi- ded for, shall be punished as directed by the code. And all old offences, not herein before provided for, shall be pu- nished as di- rected before the passage of the act of 1816. In cases where fines might pe in- flicted by the code of 1817, and peniten- tiary punish- ment can by this act be inflicted, the fines shall continue to be assessed, &c. by the Court. All crimes, committed before this act goes into operation, shall be tried and punish- ed by the old laws. This act to go into opera- tion 1st Fe- bruary, 1823. crimes and misdemeanors were punished by the criminal laws in force in this State previous to the passage of said act of 19th December, 1816. 9. Sec. 11ſ. In all cases where the said acts of 1816 and 1817, or either of them, created any new offence or offences not recognized by the criminal laws in force in this State pre- vious to the passage of said acts of 1816 and 1817, and which new offences created by the act last aforesaid, or either of them, were punished with death, such offence or offences shall in future be punished with death; and in all other cases of new created offences by the said acts of 1816 and 1817, or either of them, or of offences not recognized by the criminal laws in force previous to the passage of the acts last aforesaid, where the punishment by said acts, or either of them was con- finement in the penitentiary, or other punishment not affecting life, such offences shall, in future, be punished by confinement in the penitentiary at hard labour, for a period of time not less than four nor more than seven years; or by fine, or by fine and imprisonment in the common jail in some county in this State, at the discretion of the court. 10. Sec. IV. In all cases of offences where punishments were inflicted by the penal code of 1817, and not herein pro- vided for, such offences shall, in future, be punished in the manner pointed out in the code last aforesaid; and in all cases of offences recognized by the criminal laws in force in this State previous to the passage of said acts of 1816 and 1817, and not herein before provided for, such offences shall, in future, be punished in such manner as those offences were punished by the criminal laws in force before the passage of the act of 1816. 11. Sec. V. In all cases where fines were directed to be assessed by the court, by the penal code of 1817, and where penitentiary punishment can by this act be inflicted, the fines shall continue to be assessed and inflicted by the court. 12. Sec. VI. All crimes and offences committed before this act goes into operation, shall be prosecuted and punished under the laws in force at the time of the commission of the crime or offence. 13. Sec. VII. This act shall be in force on and from the first day of February, 1823; and that all laws and parts of laws militating against this act, be and the same are hereby repealed. PENAL LAWS.–1822. 279 An Act to amend the twelfth section under the fifth division of the Penal Code of this State, passed the twentieth day of De- cember, eighteen huudred and seventeen, so far as to alter the definition of Burglary.”—This act passed 24th December, 1825. P. 124. 14. Sec. I. From and after the passage of this act, to con- stitute a burglary, there shall be a breaking and entering into the dwelling or mansion house with intent to commit a felony, any law to the contrary notwithstanding. An Act to amend the Penal Code of this State sofar as relates to costs on indictments. Passed 26th December, 1826. P. 123. 15. Sec. I. From and after the passage of this act, it shall not be lawful to demand of defendants on any indictments pro- secuted in any of the Superior courts of this State, the payment of costs until after conviction on said indictment by the jury. An Act to amend the twelfth section, of the ninth division, of the Penal Code of this State.—Passed 22d December, 1828. P. 117. [See Prince's Digest, p. 366.] 16. Sec. I. Nothing in said section shall in future be so construed as to authorize the destruction of any grist or saw mill, or water machinery of valuable consideration, except it be by, and upon the affidavit of two or more freeholders, be- fore one or more of the justices of the inferior court of the county in which the nuisance complained of may exist, testi- fying that the health of the neighbourhood, to the best of their belief, is injured by such mill dam, or such other obstruction to a water course, by other machinery, as may be complained of, whereupon it shall be the duty of such inferior court (as soon as practicable), to cause a jury of twelve men to be drawn and summoned for other trials, and also to have summoned all necessary witnesses, who, together with said court, shall attend at the court house of said county, to adjudge the case of nui- sance complained of; and should the mill or mills, or other machinery, be adjudged by said court and jury a nuisance, and evidently injurious to the health of the neighbourhood, the sheriff shall be ordered to remove such cause of nuisance; the parties concerned, however, shall have the right of an appeal, Definition of burglary. Defendants on indict- ments not to pay costs un- til a ſter Con- viction. *r —- * See this sec. Princes's Digest, P. 351. No mill or other valua- ble water machinery, to be de- stroyed as a nuisance only on the oath of two or more free- holders, be- fore the infe- rior court and 12 ju- I'Ol’S. 280 PENAL LAWS.—1829. The parties may appeal to the supe- perior c. urt, on givin bond .# security for eventual COSl. within five days, to the next superior court thereafter held in said county, upon giving bond and security for the eventual cost, and that the sheriff shall not abate said measure, until the five days shall have elapsed. An Act to alter and amend the eighth and ninth sections of the ninth division of the Penal Code, passed the 20th December, 1817.*—This act passed 22d December, 1829. P. 113. Whereas, the said two sections have been found upon expe- rience, inadequate to effect the purposes for which they were intended: 17. Sec. I. Be it enacted, &c. That if any person by him- self, or servant, or agent, for his gain or living, keep, have, exercise, use, or maintain, a gaming house or room, or shall, for his gain or living, in any house, place, or room, occupied by him, permit persons with his knowledge, to come together and play for money, or any other valuable thing, at any game of ſaro, loo, brag, bluff, or any other game played with cards, he or she shall on conviction thereof, be punished by confine- ment in the penitentiary, at hard labour, for a term not less than one year, nor longer than five years. 18. Sec. II. If any person shall by himself or servant, or any other agent, keep or employ any faro table, E. O. table, or A. B. C. table, or other table of like character, and shall either by himself or agent, preside or deal at any faro table, or use any E. O. or A. B. C. table, or other table of like charac- ter, for the purpose of playing and betting at the same, such person or persons, together with his or their agent or agents, shall, on conviction, be sentenced to imprisonment at hard labour, in the penitentiary, for a term of years not less than one, nor more than five years. 19. Sec. III. If any person shall play and bet at any game of faro, loo, brag, or bluff, or shall play and bet at any E. O. or A. B. C. table, or any other table of like character, such person shall, on conviction, be sentenced to pay a fine not less than twenty, nor more than one hundred dollars. 20. Sec. IV. On the trial of any person under this act, any other person who may have played and betted at the same time or table, shall be a competent witness, and compelled to give evidence, and nothing then said by such witness shall, at Any person keeping a aming OuSe Orta- ble, subject to imprison- ment in the penitentiary not less than 1 year nor longer than 5 years. Keeping or using certain other tables and games, punished with impri- Sonnhellt at had labour in the peni- tentiary for a term of years. Person play- ing and bet- ting at cer- tain games or certain ta- bles, subject to a fine of not less than 20 nor more than 100 dls. On the trial any person who may have played and betted, a competent witness: —-------" * See these sections, Prince's Digest, p. 365, 366. PENAL CODE.--1829.--PENITENTIARY. —1821. 281 any time, be received or given in evidence against him in any ...; ed to give evi- dence, and prosecution against the said witness, except on an indictment ...", for perjury, in any matter to which he may have testified. tº: 21. Sec. V. It shall be the duty of the judges of the supe- tº rior courts to give this act particularly in charge to the grand #. Juries. give this act in charge to 22. Sec. VI. That the before recited eighth and ninth sec- ºria tions of the ninth division of the before mentioned penal code, †ing and all other acts, or parts of acts, militating against this act, are hereby repealed, except as to offences already committed Exceptions. against the provisions of the said eighth and ninth sections, which shall be punishable as therein directed. An Act to amend the Penal Code, passed in the year eighteen hundred and seventeen.—This act passed 21st December, 1829. P. 118. 23. Sec. I. Be it enacted, &c. That from and after the jº's passage of this act, any person or persons who shall feloniously . ºil. g e º e &IIIs abduct or kidnap any free white person or persons from out of ºn: finement not the limits of any local jurisdiction or county, or from out of the ſº limits of this State, shall be punished by imprisonment in the than 7 years. penitentiary for a space of time not less than five nor more than seven years; any law or ordinance to the contrary not- withstanding. NotE.-In the acts of 1830, p. 159, the thirty-fifth section of the sixth division of the penal code (to be found in Prince’s Digest, p. 354,) is altered and amended, so far as to alter and amend the definition of larceny from the house. —eSe— PENITENTIARY. An Act to amend the several Acts heretofore passed for the regu- lating the affairs of the Penitentiary.—Passed 24th Decem- ber, 1821. P. 99. 1. Sec. I. Be it enacted, &c. That a wooden building shall ..., be erected without the walls of the penitentiary, for the pur- ...?" pose of a store-house, to be built as far as practicable by the 36 282 PENITENTIARY. —1823. labour of the convicts, and on such place and of such dimen- sions as the inspectors may direct; and the money requisite to complete said building, shall be paid out of the treasury of this Proviso. State, on application of the inspectors to the governor: Pro- vided, the sum does not exceed five hundred dollars. 2. Sec. II. The inspectors shall have the privilege of exer- cising their judgment in promoting a sale of wrought materials, either by transporting them to any place or under any contract or sale, public or private, they may deem most advantageous to the institution. º 3. Sec. III. The inspectors are hereby authorized to sub- #...he stitute corn meal in lieu of wheat flour, for the rations of the guards. £Ul alſd S. ... 4. Sec. TV. The board of inspectors shall, and they are ors to collect #.” hereby authorized to collect debts now due, or that may here- after become due the institution, and for that purpose they, or any one of them, are hereby authorized to commence suits in the name of the board of inspectors of the penitentiary, against all persons who may now or hereafter be indebted to said institution. Sec. V. [Repealed by act of 1828.] An Act to provide for the payment of Earpenses on Trials for Escapes from the Penitentiary.--Passed 13th December, 1823. P. 106. How the tri. 5. Sec. I. From and after the passing of this act, all escapes als of escapes from the from the penitentiary shall be tried at the expense of the State, penitentiary ** and his excellency the governor, on the reception of a certified statement from the clerk of the superior court, of the amount of expense chargeable to the county of Baldwin, on any such trial or trials (which have heretofore happened, or may here- after take place,) shall issue his warrant for the amount, to be paid out of the penitentiary fund. Sec. II. [Repeals all laws repugnant to this.] Resolution of 20th December, 1823. p. 257. The inspect. The inspectors and principal keeper of the penitentiary be, ors and prin- g . and they are hereby authorized to make any arrangement they authorized to g g tº º mºny may deem necessary, to bring the convicts to the penitentiary arrangement tº in the cheapest practicable way; and they are hereby author- convicts to ºn ized to employ such additional guard and assistants as may be tiary in a *P* necessary to effect the object contemplated; and the judges of PENITENTIARY. — 1825. 283 the Superior courts are hereby requested to co-operate with ºgº ºf the S. C. to co- the inspectors and keeper aforesaid, so far as may be necessary ºl. to carry into effect the objects of this resolution. purpose. Resolution of 16th December, 1824. P. 177. In all cases where persons are sentenced to the penitentiary, clerks duty in informing it shall be the duty of the clerks of the superior courts of the tº the peniten- respective counties where such persons may be sentenced, to tºº inform the principal keeper of the penitentiary immediately persºn. thereafter by mail, or private conveyance, where there is no post office in the county, of the sentence of said convict, and that he is detained in the county jail, or under guard, as the case may be, subject to the order of the keeper aforesaid. All expenses incurred after the conviction of the said con- An expenses incurred af- vict, are to be paid by the keeper or his deputy, previous to his tº viction to be delivery: Provided, that if the clerks aforesaid should ſail or ºby the State. neglect to give the necessary information to the keeper within ſº due time, then and in that event, they are bound to pay out of ... their own funds the expense incurred by the detention of each ..." and every convict, previous to his being delivered over to the order of the said keeper. That the sum of three hundred dollars per year be allowed Physician's the physician for his medicine and attendance on the convicts Salary. in the penitentiary, instead of five hundred dollars hitherto given. That an alteration be made in the fifth section of the penal code, and that the fourth section be repealed. The inspectors of the penitentiary be, and they are hereby :*:::... prohibited from being contractors for said institution. Resolu- tractors. tion 18th December, 1824. p. 206. An Act to repeal so much of the fourth and fifth sections of the Penal Code, passed the nineteenth day of December, eighteen hundred and sixteen, as relates to the transportation of Con- victs to the Penitentiary.—Passed 23d December, 1825. P. 135. Sec. I. [Local.] 6. Sec. II. From and after the passing of this act, so much part of the t e 4th and 5th of the fourth and fifth sections of the penal code, passed nine- jº º º g the penal teenth December, eighteen hundred and sixteen, as requires ; pºsed tº º <- 19th Dec. that convicts sentenced to penitentiary confinement, to be re-isºal. moved to the penitentiary by the sheriffs or their deputies, be ed 284 PENITENTIARY.-1826. 1828. and the same is hereby repealed, any law to the contrary not- withstanding. An Act to define the mode of proving accounts due the Peniten- tiary.—Passed 23d December, 1826. P. 122. That whereas, divers difficulties may result to this institution from the rule of evidence as established by law, in all actions for recovery on open accounts: Principal 7. Sec. I. From and after the passage of this act, the as- book-keeper . ºpºli sistant keeper who act as book-keeper, shall be known and es- tentiary’s º, tablished as principal book-keeper of the penitentiary, and it ::::::::... shall be lawful in all cases where suit may be commenced in ** any of the courts of this State on open account, for moneys due this institution, that the account shall be drawn off, and a cer- tificate of the principal book-keeper annexed thereto, that it is a correct transcript from the book of original entries kept by him, which certificate so made and subscribed, shall in all cases be sufficient to establish said account, unless the same shall Proviso be legally controverted by the defendant: Provided, this act shall not be construed to affect any other cases than the above recited. \ The inspect. 8. Sec. II. It shall be lawful for the board of inspectors, ºil whenever they may deem it necessary, to employ an additional tional clerk, te as g & His duty. clerk, whose duty it shall be to attend to the liquidating and collecting debts due the institution, and other duties they may deem necessary for the advancement of the institution. An Act to change the manner of appointing officers and agents of the Penitentiary.—Passed 20th December, 1828. P. 118. All officers of 9. Sec. I. The appointment of the principal keeper of the the peniten- iºpt penitentiary, all the assistant keepers, the book-keeper, the in- Contractors tº spectors, the physician or surgeon to the institution, and all ‘....” Sº other officers and agents, provided for by law, except contrac- tors for supplies, shall be annually made by his excellency the governor for the time being. Inspectors, 10. Sec. II. It shall be the duty of the inspectors of the ; penitentiary to prepare and make to his excellency the gover- * nor, quarterly returns of the state and condition of the peniten- tiary, exhibiting the number, names and occupations of all officers and agents employed in, or about the institution; all contracts made for supplies of provisions, or materials; the number, names, and crimes of persons confined in the peniten- PENITENTIARY.—1829. - 285 tiary, the actual stock of materials to be wrought up or manu- factured, and an invoice or accurate account of the articles already manufactured and for sale, that may be on hand at the time any such return is made, together with an accurate ac- Count of the debts due by, and to the institution, and any other fact, transaction, or occurrence, that said inspectors may think proper to communicate for the benefit of the institution. 11. Sec. 111. In making and preparing said quarterly re- In making º & * such report, ports, the said inspectors shall command the services of the lº. book-keeper, or any other officer or agent, whose time they manº- vices of the may believe, can be most conveniently or advantageously given gº or any other to that object, but without additional pay or compensation. ** 12. Sec. IV. It shall be the duty of his excellency the go- The governor may recom- Vernor, to recommend from time to time, to the inspectors of ... he * e © g º inspectors the penitentiary, such changes in the regimen, and police of the ºl. the regimen, penitentiary, as may seem to him expedient; and for gross ne- #. For neglect glect of duty or abuse of confidence, by any officer or agent of ;y º ſº gº *º s * , t *º the penitentiary, to admonish or dismiss such officer or agent, ...; dimiss and and appoint another, of better qualifications to the vacancy. ... ſº is tº other. . 13. Sec. W. His excellency the governor, in the examina- *...is w & g º the reports tion of said quarterly reports, or in the discharge of any other the gºvernºr wº g g e may com- function assigned to him by this act, shall have power to com-mºnd the as- sistance of mand the assistance and services of the secretary of state, or any ºf the state house any other of the state house officers at his discretion. officers. An Act for changing the manner of punishing Convicts in the Penitentiary, and for the better regulation of the same: also, for adding to, and amending the Penitentiary Buildings, and for applying the money appropriated for the support of the Penitentiary for the year eighteen hundred and twenty-nine, to the repairs and alterations in the Penitentiary Buildings herein contemplated.—Passed 19th December, 1829. P. 115. 14. Sec. I. Be it enacted, &c. That it shall be the duty of ... the principal keeper of the penitentiary, under the direction and "" superintendence of the inspectors, to cause to be erected, as Soon as practicable, after the passage of this act, in the peni- tentiary buildings, one hundred and fifty cells, suited for the reception of one convict each. 15. Sec. II. The convicts now in the penitentiary, or so ºice many of them as may be necessary, shall be employed in the ſº erecting of said cells, or such other alterations in, or additions to the penitentiary buildings, as may be herein required. 16. Sec. III. The principal keeper of the penitentiary, un- 286 PENITENTIARY. — 1829. ...ne der the direction of the inspectors, be, and he is hereby required and construc- ... to make such alterations in the location and construction of workshops *** the workshops in the penitentiary as may be necessary to carry into effect the provisions of this act. *::::::: 17. Sec. IV. The sum of five thousand dollars, appropriated ;"; heretofore for the support of the penitentiary, for the year eigh- #;"; teen hundred and twenty-nine, be and the same is hereby made applied ſor - t - ºn tº , a fund to be applied to defraying the expenses of such altera- contemplated º tions, improvements, and additions to the penitentiary buildings as are herein directed to be made, and that the same be paid out for said purpose, to the principal keeper, under the direction of his excellency the governor, in such manner, and at such times as he may think most expedient and best. The convicts 18. Sec. V. It shall be the duty of the principal keeper so to be under - - tº to arrange the convicts at labour, that they may be under the 1nspection º º - - ºne ºf personal inspection of some one of the keepers at all times, the keepers tº whose duty it shall be to prevent them from holding intercourse not to have .* one with another, either by words or signs. - with each other. 19. Sec. VI. The convicts shall be punished with solitary Solitary con- * confinement in cells provided for that purpose, at all times ex- cept during the hours of labour, and the time allowed by law for taking their meals, so soon as practicable, under the provi- sions of this act. The princi- 20. Sec. VII. The principal keeper, together with the in- pal keeper tº º and inspect spectors, are hereby authorized and required to make such by- ors may jºy laws and regulations as they may think necessary to carry into effect the provisions of this act. tº 21. Sec. VIII. The principal keeper, and each and every pal keeper º * * º ºff officer under him, shall remain in the department to which he ...}, belongs, during the hours of business, (unless absent by special remain in º tº tº © - & ... leave of the inspectors,) and for a violation of this regulation it departments i.e. shall be the duty of the inspectors to report the officer offending hours of busi- jº...” to the governor, who may for the first infraction reprove, and What Sub- e º º jºr a for the second dismiss him. ; 22. Sec. IX. It shall be the duty of the principal keeper, iºje and he is hereby required, on the first day of January, in each ºn year, or as early thereafter as practicable, to make out and pre- ºn sent to the inspectors an estimate of all the materials necessary iº. to carry on the various departments of business in said institu- an estimate i.” tion for the year, which, for timber, shall be at least one year he CeSSar W. '- ºrs in advance; and it shall be the duty of said inspectors, or a uty It? to e º jº, majority of them, to order the purchase of the same, from time l © º - - to time, as the funds on hand may enable them; and it shall further be the duty of said inspectors, as soon as the estimate PHYSICIANS.—1825. 287 aforesaid is made out and presented by the principal keeper, to advertise that they will let out upon contract, to the lowest bid- der, all supplies of lumber and materials, for the use of said institution, for the ensuing year, and specify the remotest period for its delivery; and it shall be their duty to require bond and sufficient security from all contractors, conditioned for the faith- ful performance of their said contract, and upon their failure to comply, as aforesaid, it shall be lawful for the said inspectors to purchase the deficiency on the best terms in their power, and charge the difference in price (if any,) to the contractor, which said difference they may sue for and recover in any court having competent jurisdiction in this State. 23. Sec. X. No officer of said institution shall be a con- tractor for supplies of materials of any description, or be the Security of others entering into contracts for supplies for said institution. 24. Sec. XI. The physician of the penitentiary shall receive a salary of three hundred dollars per annum for all the duties required of him by law. Sec. XII. [Repeals all laws militating against this act.] —-e Sºe—— PHYSICIANS. An Act to regulate the licensing of Physicians to practise in this State.—Passed 24th December, 1825. P. 125. 1. Sec. I. From and after the passing of this act, no person or persons shall be allowed to practise physic and surgery or any of the branches thereof, or in any case to prescribe for the cure of diseases for fee or reward, unless he or they shall have been first licensed to do so in the manner hereinafter prescribed. 2. Sec. II. If any person or persons shall hereafter presume without such license to practise physic, surgery, or in any man- ner prescribe for the cure of diseases, for fee or reward, he or they shall be liable to be indicted, and on conviction shall be fined, not exceeding the sum of five hundred dollars, for the first offence, and for the second be imprisoned not exceeding the term of two months, one half the fine to enure to the use of him who shall inform, and the other half to the use of the State. 3. Sec. III. On the trial of all indictments for any of the offences enumerated in this act, it shall be incumbent on the No officer to be contract- or or be se- curity for them. Physician’s salary,300 dols. No physician hereafter to CO In Illen Ce practice without a icense. And on be- ing convicted shall pay not exceeding 500 dols. Second of. fence, may be imprison- ed not ex- ceeding 2 months. One half the fine to the State and the other half to the informer. 288 PHYSICIANS.—1825. On the trial the defend- ant shall show he has been licens- ed. Bonds, notes, &c. taken for services rendered by a physician not licensed, to be of no effect. Board of physicians established. Proviso. Further pro- viso. Names of the board of phy- sicians. When and where the annual meet- ing of the board is to be 62|{i, Applicant, li- censed, to pay 5 dols. for examination, and 5 dols. for license. This act not to operate re- trospectively. * defendant to show that he has been licensed to practise phy- sic and surgery, and to prescribe for the cure of diseases in the manner hereinafter mentioned, to exempt himself from the pe- nalties enumerated in this act. 4. Sec. IV. All bonds, notes, promises, and assumptions, made to any person or persons not licensed in manner herein- after mentioned, the consideration of which shall be services rendered as a physician or surgeon, in prescribing for the cure of diseases, shall be, and they are hereby declared utterly void and of no effect. 5. Sec. V. In order to the proper regulation of the practice of physic and surgery, there shall, be established a board of physicians, to be assembled annually at the seat of govern- ment, who shall at their annual meeting examine all appli- cants, and if on such examination they are found competent, shall grant to such applicants a license to practise physic and surgery: Provided, that seven members of said board shall constitute a quorum to make such examination and grant such license: And provided also, that if any applicant shall have studied and received a diploma from any medical college, the said board, or a quorum thereof, shall license the said applicant to practise without examination. 6. Sec. VI. The following gentlemen shall constitute the board of physicians of the State of Georgia, to wit: Tomlinson Fort, Milton Anthony, James P. Scriven, Charles West, Anderson Watkins, Southworth Harlow, Ambrose Baber, B. A. White, Norburn B. Powell, Walter H. Weems, Wil- liam P. Graham, John Gerdine, A. B. Ridley, O. C. Fort, Thomas Hamilton, William C. Daniel, John Dent, Thomas B. Gorman, Alexander Jones, William N. Richardson. 7. Sec. VII. The annual meeting of the board of physi- cians of Georgia, shall be held at the seat of government on the first Monday in December, in each and every year, and that the said board shall be entitled to receive and demand of every applicant, when licensed, the sum of five dollars for each and every examination, and the sum of five dollars for every li- CeI)Se. 8. Sec. VIII. No part or clause of this act shall have any operation or effect upon any person now practising medicine or surgery within this State, and who has heretofore been a practising physician within the same. 9. Sec. IX. No apothecary within this State, unless he is a licensed physician, shall be hereafter permitted to vend or expose to sale any drugs or medicines, without previously PHYSICIANS.—1825. 289 obtaining a license to do so from the board of physicians cre- ated by this act; and every apothecary so vending or selling drugs or medicines, contrary to the provisions of this act, shall be liable to all the penalties imposed by this act on physicians and surgeons practising without a license: Provided, that no- thing herein contained be construed to prevent merchants or shop-keepers from vending or exposing to sale, medicines already prepared: Provided also, that nothing herein contain- ed shall be so construed as to operate against or upon any person or persons who now are and heretofore have been engaged in the sale of drugs and medicines as apothecaries, or who may be, and heretofore have been engaged in the vending of drugs and medicines as an exclusive branch of merchan- dise. 10. Sec. X. The board of physicians created by this act, shall have power to examine any apothecary who may apply to it for a license, touching their knowledge of drugs and phar- macy, and on finding such persons qualified, shall grant such license, and shall receive therefor the same fees as provided in this act for license to practise medicine and surgery. 11. Sec. XI. To prevent delay and inconvenience, a single member of the board of physicians may grant temporary li- censes to applicants therefor, and make report thereof to the board, at their next meeting, for confirmation or further evi- dence of qualification to be given by the applicant: Provided, that a temporary license shall not continue in force longer than the next meeting of the board, and that a temporary license shall in no case be granted by one of the board after the appli- cant has been refused a license by the board of physicians. 12. Sec. XII. The board of physicians be, and they are hereby authorized and empowered to elect all such officers and frame all such by-laws, as may be necessary to carry this act into effect; and in case of death, removal, or refusal to act, of any member of the said board, the said board, or a quorum of them, be, and they are hereby empowered to fill up any such vacancies. 13. Sec. XIII. Said board shall enter in a book to be kept by them for that purpose, the names of each and every person they shall license to practise physic and surgery, and the time of granting the same, together with the names of the members of the board present, and shall publish the same in some news- paper printed at the seat of government within thirty days after granting the same. No apothe- cary, unless he be a li- censed phy- sician, shall vend medi- cine without obtaining a license. Penalty for so doing. Proviso. Proviso. The board may examine and license apothecaries. Their fees. A singie member of the board may examine and give tem- porary li- cense, to last till the next meeting. Proviso. May elect of. ficers and frame by- laws. Board may fill vacancies in their own body. Shall enter in a book their pro- ceedings in licensing persons. 37 290 PHYSICIANS.—1828. Board con- sidered a body corpo- l'ate, Names of persons con- stituting the Medical Academy of Georgia. May have and use a common seal. May sue and be sued, &c. and make by-laws. Proviso. 14. Sec. XIV. Said board of physicians shall be considered a body corporate, so far as to hold property both real and per- sonal, keep a common seal, sue and be sued, and that the books so kept by the board as aforesaid, shall be considered a book of record, and a transcript from the same, certified by the proper officer, under the common seal, shall be taken and re- ceived in any court of law in this State. An Act to establish and incorporate the Medical Academy of Georgia.”—Passed 20th December, 1828. P. 111. 15. Sec. I. From and after the passing of this act, William R. Waring, John Carter, Lewis D. Ford, Ignatius P. Garvin, Penjamin A. White, Samuel Baykin, William P. M'Connell, Walter H. Weems, William P. Graham, Thomas P. Gorman, Alexander Jones, Milton Anthony, John J. Boswell, Thomas Hoxey, James P. Scriven, William C. Daniel, Richard Banks, Henry Hull, John Dent, Thomas Hamilton, Tomlinson Fort, Nathan Crawford, O. C. Fort, and John Walker, and their successors, shall be, and they are hereby constituted and cre- ated a body corporate, by the name and style of the trustees of the Medical Academy of Georgia. 16. Sec. II. Said trustees be, and they are hereby autho- rized to have, and use a common seal, and to alter the same at pleasure; and by their corporate name, to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity; and also ordain, establish, and alter at pleasure, such by-laws, rules and regulations, as may be neces- Sary and convenient for the government of the said corpora- tion, the direction of the affairs, and the management of the property thereof: Provided, such by-laws, rules and regula- tions, shall not contravene the constitution and laws of this State, or of the United States. 17. Sec. III. The said trustees shall be, and they are hereby authorized, to establish within the corporate limits of the city of Augusta, a Medical Academy for the State of Georgia, on such principle, and under such rules and regu- lations, and with, such professors, instructers, and officers, as may be best calculated to perpetuate the same, and promote the improvement of its pupils in the several branches of the healing art. May estab- a medicai academy in Augusta. * But see section 26 of this title, altering the name. PHYSICIANS.—1828. 291 18. Sec. TV. It shall be the duty of the said trustees to assemble annually at the medical academy in Augusta, and on such day as may be fixed on by the by-laws, for the pur- pose of examining into the affairs of the institution and gene- rally managing its concerns; and the said trustees, together with the regular professors and teachers in the institution, shall constitute a board of examination, whose duty it shall be at the said annual meetings, after thorough examination, to de- cide on the merits of such candidates as may have studied in the said institution at least one year, and complied with all the conditions imposed by the board of trustees, as preliminary to such examination, and confer the degree of bachelor of medicine on such as may in their judgment be worthy of the Sal Il{2. 19. Sec. W. The board of trustees, at their annual meeting, shall appoint a committee of three of their number to serve as an executive committee, whose duty it shall be to attend in the recess of the board, semi-monthly, or at the call of the regular teachers and professors of the institution, for the purpose of en- forcing the execution of the rules and regulations, prescribed by the board of trustees; their decisions being liable to the re- vision of the board of trustees, at their next annual meeting. 20. Sec. VI. The board of trustees, shall cause to be kept a book, in which shall be registered, the name, age, and place of nativity, of each and every person who shall receive from this institution, the degree of bachelor of medicine, and the time when the said degree was conferred, together with the names of the members, of the board of examination present, and the book so kept shall be considered a book of record, and a tran- script from the same, certified by the proper officer shall be taken and received as evidence of the conferring of the said de- gree, in any court of law within this State. 21. Sec. VII. Not less than five members shall constitute a quorum of the board of trustees; but any less number may adjourn from day to day, until a sufficient number shall attend to form a quorum. 22. Sec. VIII. The board of trustees of the medical aca- demy be, and the same are hereby empowered to have, hold, use and enjoy, purchase, receive, and dispose of at pleasure, lands, houses, and other property, real, and personal, to an amount not exceeding one hundred thousand dollars. 23. Sec. IX. The graduates of the medical academy shall be allowed to practise medicine and surgery in this State, in the same manner as they would have been, had they been exa- May assem- ble once a year in Augusta. Board of ex- amination constituted : their duty. May confer the degree of Bachelor of Medicine. Executive committee to be appointed, and their duty. Shall cause a book to be kept: what to be registered in it. - Not less than 5 members to constitute a quorum; but a less number may adjourn. May have, hold, &c. certain pro- perty not exceeding 100,000 dis. Graduates allowed to practise medicine, &c. PHYSICIANS.—1829. The trustees may fill va- cancies in their own body. Auy two or more may call a mect- ing. Name altered to the Medi- cal Institute of the State of Georgia. The trustees, and teachers, with the re- gular pro- ſessors shall constitute a board, who may confer the degree of 1)nctor of Medicine, &c. Proviso. mined and licensed by the board of physicians of the State of Georgia, any law, custom, or usage to the contrary notwith- standing. - 24. Sec. X. The said trustees shall have authority to fill all vacancies in their body, which may occur by death, resigna- tion or otherwise. 25. Sec. XI. Any two or more of the trustees above named be, and they are hereby authorized to call a meeting of the board at any time they may think proper, to be holden in the city of Augusta, for the purpose of making and establishing such by-laws as are authorized by this act. An Act to alter the name of the Medical Academy of Georgia, and to extend the corporation powers of the same.—Passed 19th December, 1829. P. 107. 26. Sec. 1. Be it enacted, &c. That from and after the pas- sage of this act, the medical academy of Georgia, shall be enti- tled and known as “the Medical Institute of the State o Georgia.” 27. Sec. II. The trustees, together with the regular profes- sors and teachers of the medical institute, shall constitute a board, which is hereby authorized and empowered to confer the degree of doctor of medicine upon such applicants, in such manner, at such times, and under such circumstances as may to the said board, seem fit and proper: Provided, that the de- gree of doctor of medicine, shall in no case be conferred on any person who shall not have attended two full courses of lectures in the institute, or one course in some other respectable medi- cal college or university, and one in the institute, in addition to the usual term of private instruction required by other institu- tions of a like kind. Sec. Ill. [Repealing clause.] RENT.-1827. 293 RENT. An Act to amend the Rent Laws of this State—Passed 24th December, 1827. P. 107.* 1. Sec. 1. From and after the passing of this act, it shall Where he tenant or sub- and may be lawful upon the expiration of any lease, or time . e g º rented pro- for which lands have been rented which are now in existence, º, over his time, or have already expired, or which shall hereafter exist, where ...* * the tenant or his subtenant holds over, and where the owner of the rented property, or his agent or representative shall desire to have possession of the same, to demand the tenant or tenants the possession of the rented property; and in case of refusal on the part of the tenant, or omission on his, her or their part to deliver possession, it shall and may be lawful for the owner thereof, by his, or her agent or representative, to go before the judge of the superior court, or any justice of the inferior court, or justice of the peace, and make oath that the lease or term of time for which the land was rented has expired, and that the tenant refuses, omits or neglects to give possession, it shall be the duty of the person before whom the oath is made, to issue or grant a warrant or process directed to the sheriff or his deputy, requiring or commanding him to deliver to the owner, his agent, or representative, peaceable, full, and quiet possession of the rented premises, removing the tenant or te- mants with his property found thereon, belonging to such tenant or tenants therefrom. 2. Sec. Il. When the tenant shall declare on oath that his When the tenant de- lease, whether written or verbal, is not expired, or that he does ... his lease has not not hold the premises either by lease or rent from the said per- . son who has made the said oath, or by any one holding under ...” “ him or them by rent or lease, he shall not be removed from the possession of the said premises, but the sheriff shall return the . proceedings to the next superior court of the county where the lºº superior land lies, and the fact be there tried, and if determined against ..." the tenant or tenants, he shall pay double the rent received, ºft. and the person making the said oath shall be entitled to a writ ś tº ſº * e © “iff’s duty i of possession, to be issued from and under the directions of the ºn." said superior court, directed to the sheriff or his deputy, who *k See Rent, Prin. Dig, p. 394.—See forms for this law, Appendix, title Forms. 294 ROADS, BRIDGES, AND FERRIES.—1822. shall give possession of the premises as prescribed in the first section of this act. Sheriff's fee. 3. Sec. Ilſ. The sheriff for executing the process aforesaid shall be allowed the sum of three dollars; which amount shall be paid by the tenant, and his goods levied on for that purpose. ——eSe—— ROADS, BRIDGES, AND FERRIES. An Act to alter and amend the eigthth section of an Act, entitled an Act to amend the Road Laws of this State, passed the nineteenth day of December, eighteen hundred and eighteen.” This act passed 21st December, 1822. P. 96. jº. 1. Sec. I. From and after the passing of this act, all over- ; * seers of roads appointed in pursuance of the before recited act, shall cause their respective roads to be cleared twenty feet wide, except market roads, which shall be cleared thirty feet wide, ... and shall cause all causeways to be sixteen feet wide, any 16 feet wide. thing contained in the said section of the said act to the contrary notwithstanding. An Act to authorize the opening of a Road from the Alapaha to the Florida line.—Passed 23d December, 1822. P. 96. ºr 2. Sec. I. From and immediately after the passing of this ºf act, his excellency the governor be, and he is hereby authorized ers to open a º, to appoint two fit and proper persons to superintend the open- ºf ing of a road, to commence on the Alapaha, at or near Cun- *:::::::: ningham's ford on said river, passing through districts number ten, twelve, and thirteen in the county of Irwin, and numbers eighteen and twenty-three in the county of Early, pursuing the best and most practicable route, until it intersects the Florida line near the Oclockney river. #:a 3. Sec. II. The sum of fifteen hundred dollars be, and the .*P* same is hereby appropriated to carry the above recited section pose. º into effect. * See this section, Prin. Dig. p. 403. ROADS, BRIDGES, AND FERRIES.--1823. An Act to alter and amend an Act, entitled an Act to authorize the Inferior Courts of the counties of Richmond and Jefferson to adopt such measures in relation to the Roads and Bridges of their counties, as they may think proper, and to levy an eactra Taal, when in their opinion it may be necessary, for re- pairing and keeping in repair the said Roads and Bridges, passed the eighteenth December, eighteen hundred and eighteen. This act passed 23d December, 1823. P. 110. Whereas, the above recited act has been found insufficient to effectuate all the purposes for which it was intended, and to require amendment: 4. Sec. 1. The justices of the inferior court of the county of Richmond, or a majority of them, shall have power and au- thority, in addition to the powers with which they are already vested by the act to which this is amendatory, to lay out roads or a road in any direction they may think proper in the county of Richmond, and to cause the same to be erected and worked on and kept in repair, as in their opinion will best promote pub- lic convenience, and should any person or persons presume to obstruct any road so laid out, the said inferior court shall have power and authority to cause said obstruction or obstructions to be removed forthwith, or at such time and in such manner as they or a majority of them shall deem proper. 5. Sec. II. Any person or persons so obstructing a road laid out by the authority of the said inferior court as aforesaid, shall be subject to be indicted therefor in the superior court of the county of Richmond as for a misdemeanor, and upon con- viction thereof, shall be fined, or fined and imprisoned at the discretion of the court before which such offence shall be tried, any law, usage, or custom to the contrary notwithstanding. 6. Sec. III. Whenever a new road is thought necessary to be laid out and established by the inferior court of said county, it shall be the duty of said court to appoint three disinterested freeholders to assess the damage, (if any,) the person or per- sons will sustain by said road's going through his or their en- closed land, which amount so assessed shall be paid by the court, provided the road or roads, are laid out by the order of said court. The inferior court of Richmond county’s power in lay- ing out roads in their county. Obstructions may be re- moved. Persons so obstructing the roads may be in- dicted, and on conviction may be fined and impri- soned at the discretion of the court. In establish- ing a new road, 3 free- holders to be appointed to examine the Sa Iſle, If any per- son may sus- tain any damage the Court must pay it. .296 ROADS AND BRIDGES.–1826. An Act to aller and amend an act, entitled an Act, to amend the Road Laws of this State, assented on the nineteenth De- cember, 1818.* This act passed 20th December, 1826. P. 129. The commis- 7. Sec. 1. From and immediately after the passage of this sioners of ºny act, when any person liable to do road duty in this State, shall sº make application to the commissioners of the roads in this Fºº State, for a proportion of roads for himself and hands to work Salºne, on and keep in repair, it shall be the duty of said commission- ers or a majority of them in each captain's district, to meet on such application, and to parcel off and lay out to such appli- cant and his hands liable to work as aforesaid, some equal and sº ºn, just portion of said road as to the said commissioners may seem ..., reasonable and proper, and the said portion of road so laid out :::::::::" to such person, shall be increased or diminished as the said ap- .." plicant's hands shall increase or diminish. iºnº. 8. Sec. II. The said person or persons so receiving any **, a portion of road as aſeresaid, shall make an annual report to the :*mission commissioners he Mumber of his hands liable to work, and hº after such appy #hall receive, work on, and put in good ..º. repair sa tion of roads so assigned to him by the commis- sioners as aforesaid, then said applicant and hands shall not be transferred to any other part of the road without his consent, ſº. and ikcase any person shall neglect to keep in good repair *" such portion of road as may be laid out to him as aforesaid, he ! ſ shall be liable to all the penalties and forfeitures to which com- missioners of roads are now liable for neglect of duty, and shall proviso be proceeded against in like manner: Provided nevertheless, that if the commissioners and applicants should not agree on the portion of road to be laid off to him, then the said applicant shall remain and work in common with other hands in the dis- trict in which they belong, according to the road laws now of force in this State. * See Prince's Digest, P. 402. ROADS AND RIVERS.—1826. 1829. 297 An Act to alter and amend an Act to alter and amend the Road Laws of this State, passed December nineteenth, eighteen hun- dred and eighteen, so far as respects the counties of Franklin, Hall, Lincoln, Columbia and Wilkes. Passed 23d Decem- ber, 1826. P. 130. 9. Sec. I. From and immediately after the passage of this *ºne. act, it shall be lawful and is hereby made the duty of the grand ºne overseers and juries of Franklin, Hall, Lincoln, Columbia, and Wilkes coun- . ties to present all defaulting and delinquent overseers and ... commissioners of roads and bridges in said counties. 10. Sec. II. Upon such presentment, the court shall fine ºf such defaulting or delinquent overseers in a sum not exceeding ... twenty dollars, and such defaulting or delinquent commission- ;. ers of roads and bridges, in a sum not exceeding forty dollars ...” for each and every default or delinquency. ;"s 11. Sec. III. The third section of the act hereinbefore re- cited, be and is hereby so amended as to require all persons detaining a list of hands liable to perform road duty in addition to the requisitions of the said third section, to be sworn to such list or return. 12. Sec. TV. All road laws heretofore passed, in the least degree contravening the provisions of this act be, and the same are hereby repealed. An Act to provide for the Improvement of the Roads and Rivers in this State.* Passed 18th December, 1829. P. 139. g Th 13. Sec. I. Be it enacted, &c. That so soon after the pas ºr sage of this act, as circumstances may require, it shall be the ... duty of his excellency the governor, to appoint two fit and ::... proper persons to superintend the improvement of the public ;: roads and the rivers of this State, who shall be removable "“” from office at the pleasure of the governor, who in case of such removal may appoint others in their stead. 14. Sec. II. The sum of fifty thousand dollars, including ºdºl; e e appropriated the twenty thousand dollars heretofore appropriated for the im- ºr provement of the Savannah River above Augusta, be, and the jº same is hereby appropriated, out of any funds in the treasury not otherwise pledged, to and for the purchase of such a num- * This act amended in the acts of 1830. P. 189. 38 298 ROADS AND RIVERS.—1829. in addition to the number now owned by the state, to a ſm Oul)t to 190. One superin- tendant to take charge of the hands at Augusta, Savannah and Mil- ledgeville. One at Ma- con and Co- lumbus, and the waters of Flint river. Their duty in taking charge of the hands. The hands on the Chatta- hoochie liver to be placed at Columbus if they do not exceed 25. Those on the Ocmulgee, at Macon, if thev do not exceed 25. Those on the Oconee at Milledgeville if they do not exceed 15. The remain- der to be placed at Au- gusta if they do not exceed '75. Remainder, if any, and those to be purchased to make up 25, at Savannah, and 25 at Flint river. Whole num- ber at Augus- ta to be 75. At Milledge- ville, 15. Macon 25, Columbus 25: ber of able bodied negroes, within the State of Georgia, and who have been in Georgia twelve months, as will, in addition to the number now owned by the State, amount to the number of one hundred and ninety. 15. Sec. III. As soon as the two said superintendents shall be appointed, they shall be respectively assigned by his excellency the governor to take charge of the public hands as follows: that is to say, one to take charge of the public hands to be placed at Augusta, Savannah and Milledgeville; and one to take charge of the public hands to be placed at Macon and Columbus, and on the waters of Flint river, as hereinafter provided; and such superintendents shall place the public hands so placed under their charge respectively, on such public roads and rivers, as are hereinafter provided for and designated. And the said superintendents are hereby authorized and di- rected to take charge of the said public hands so committed to them, and place the same to work accordingly within their re- spective districts. 16. Sec. IV. As soon as the said superintendents are ap- pointed, that his excellency the governor be, and he is hereby authorized to place the public hands now working on the river Chattahoochie, or which are in that neighbourhood, at Colum- bus, provided the number so placed there does not exceed twenty-five; and to place the public hands now, or lately working on the Ocmulgee at Macon, provided the number so placed there does not exceed twenty-five, including those lately working on the Ocmulgee and now hired out; and to place the hands now working on the Oconee, at Milledgeville, pro- vided the number so placed there does not exceed fifteen, and the residue of the said public hands, including those now working on the Alatamaha river or its branches, below or near Darien, at Augusta, provided the same does not exceed seventy-five, and that the remainder, if any, together with others to be purchased under and by virtue of this act to make up the number of twenty-five, be placed at Savannah; and twenty-five at Flint river; and after the said twenty-five be so placed at Savannah, then the hands remaining to be purchased in pursuance of this act, shall, as soon after the purchase as practicable, be placed at Augusta, Milledgeville, Macon and Columbus, as may be most convenient, until the whole number placed at Augusta shall amount to seventy-five—the whole number placed at Milledgeville to fifteen—the whole number placed at Macon to twenty-five—the whole number to be placed at Columbus ROADS AND RIVERS.—1829. 299 to twenty-five; and the whole number placed at Flint river, ...";" twenty-five. 17. Sec. V. The public hands lately working on the Oc- ...º. hands, lately mulgee and now-hired out, shall immediately after the expira- ... tion of the term for which they are now hired out, be placed ;..." hired out, to at Macon in addition to the public hands previously placed it.”. there by virtue of this act, provided the same do not exceed ...""" twenty-five in number, in which case only that number shall ” tions. be placed there. 18. Sec. VI. If after the purchase of the negroes provided tºº, purchase o for by this bill, any balance of the money hereby appropriated, the lay. herein con- shall remain unexpended, that then the same shall be invested . there be a in the purchase of negroes to be added to those hereinbefore ..." money, it is directed to be placed at Milledgeville. #º: 19. Sec. VII. James Everett, of Crawford county, John Riº ille. Young, of Houston county, Thomas E. Ward, of Dooley Nies of county, Robert Green, of Marion, Benjamin O. Keaton, of ºr intend the Lee county, Isaac Welch, of Baker county, Bennett Crawford, improve. ment of of Decatur county, Richard Mitchell, of Thomas county, Mat-rinº, and the roads thew Albritton, of Lowndes county, (a majority of whom may ..." tion of the act,) be and they are hereby appointed a board of commission- ...* further ers, to superintend the improvement of Flint river, and the H.” roads in that portion of this State, through which said river flows south of the Federal road leading from Macon to Colum- bus, who shall be vested with the same, and equal powers, granted to the commissioners in city councils, by this act, of the incorporated towns of this State, having the supervisorship of the hands appropriated for the improvement of the rivers and roads of this State. 20. Sec. VIII. There shall be seven overseers appointed lº in manner following, that is to say: two by the city council of ;" council of º - e Augusta, Augusta: one by the city council of Savannah, and one by the flºº commissioners of each of the towns of Milledgeville, Macon, ..." by the com- and Columbus, and by the commissioners of Flint river respec- ºft. º º e º ſº º f h f } tively; and the said city councils and boards of commissioners ºf º º º ledgeville, respectively, are hereby authorized to make such appointments, i. Columbus, and with the concurrence of the superintendent of the division and one by the commis- to remove them from office and appoint others in their stead. ºf 21. Sec. IX. It shall be the duty of said Superintendents #º. respectively, to superintend and control the public hands placed jº: under their charge respectively as aforesaid, to provide for their clothing, maintenance and support, and to purchase such im- plements and tools, horses, carts, camp equipage, and other 300 ROADS AND RIVERS.––1829. Further du- ties of the superinten- dents. Superinten- dents’ com- pensation. Overseers’ compensa- tion. Overgeers to be furpished with provi- sion at public expense. Who shall designate the roads and rivers to be Worked on. Proviso. Public hands not to work on the rivers more than 4 months in a year, The superin- tendents’ duty in changing the road. necessaries for their use, as they may need, in addition to such as the State now owns. 22. Sec. X. It shall be the duty of said superintendents re- spectively, to place the hands assigned to their charge as aſore- said, at each city or town as aforesaid, under the direction of the overseers respectively appointed by the authorities as afore- said, and to proceed with all possible despatch, to work on and improve such roads and rivers as may be designated to them, in the manner and by the authority hereinafter provided. 23. Sec. XI. The said superintendents shall each receive the sum of eight hundred dollars per annum for his services, and the said overseers each three hundred dollars per annum for his services per year, to be paid quarterly, provided said salaries shall not be deemed to commence until they shall have respectively actually commenced to discharge their respective duties; and that in addition to the salaries so allowed, the said overseers shall be furnished with provisions, by the superinten- dent at the public expense. 24. Sec. XII. The city councils of Augusta and Savannah respectively, and the commissioners of the town of Milledgeville, Macon, and Columbus, and the commissioners of Flint river respectively, shall be, and they are hereby authorized to select, designate and direct from time to time as occasion may require, the road or roads, river or rivers, or parts of rivers, on which the public hands placed at their respective cities or towns, or places as aforesaid shall work: Provided, that nothing herein contained shall be so construed as to authorize them at any time to employ the said negroes to work within the corporation limits, or to authorize the said city councils or commissioners, or any of them, or the said superintendents, to direct or require the said negroes to work on the rivers more than once a year, nor for a longer period than four months in any one year, at the discretion of said authorities; and it shall be the duty of said superintendents respectively, at all times, to employ the said hands respectively on such roads, or rivers, or parts of rivers as may be so selected and designated by the said au- thorities respectively, conformably to the true intent and mean- ing of this act. 25. Sec. XIII. The said superintendents, in the respective divisions assigned to them, shall have power to alter and fix the direction of said roads which may be so designated to them, not materially affecting the route of said roads, if in the opinion of such superintendent, such alteration would conduce to the improvement or shortening of the same: Provided, that if any ROADS AND RIVERS.--1829. 301 person or persons, through whose enclosed premises such al- teration of said roads may run, shall think themselves, or him, or herself aggrieved or injured thereby, he, she, or they shall be entitled to the same remedy as is pointed out by the road laws of this State now in ſorce.* * 26. Sec. XIV. If any person or persons whatsoever, shall wilfully and intentionally impede or attempt to impede the said superintendents or either of them, or the said overseers or either of them, or the said public hands, in working on the road or roads which may be selected and designated for them to work upon as aforesaid, he, she, or they so offending, shall be liable to indictment before the superior court held in the County where the offence was committed, and shall, on con- viction thereof, be fined in a sum not exceeding one hundred and fifty dollars; and further, if any person or persons shall knowingly, intentionally, and wilfully stop up, obstruct, or turn, or change any public road, or the direction thereof, which shall have been laid out, or made, or worked upon, or improved, under and by virtue of this act, such person or persons so of ſending, shall be liable to indictment in the superior court held in such county, and on conviction thereof, shall be fined in a Sum not exceeding two hundred dollars. 27. Sec. XV. It shall be the duty of said superintendents, constantly to attend to, and direct the said overseers and hands, and to make quarterly returns to his excellency the governor, of the amount and manner of his disbursement of the moneys committed to his charge, together with such vouchers for the Same as may be satisfactory to the governor; the improve- ments made on the roads and rivers, the condition and num- ber of the hands, and generally of every other matter and thing Connected with his duties as superintendent as aforesaid. 28. Sec. XVI. For the purpose of carrying into effect the provisions and objects of this act, that the further sum of fifteen thousand dollars be, and is hereby set apart and appropriated out of any funds in the treasury, not otherwise appropriated, which sum is hereby added to the contingent funds. And his excellency the governor is hereby authorized to draw his war- rant in favour of the said superintendents respectively, upon such contingent fund for such amount as may be necessary from time to time, for carrying on the improvements aforesaid, purchasing tools and other necessaries for the negroes, and for * See law on this subject, Prince's Digest, P. 399. If any person feels them- selves aggrieved thereby, where they may obtain a remedy. Amy person, who shall impede the superinten- dent, or overseer, or public hands, in working on the roads, shall be liable to indictment, and on con- viction be fined not ex- ceeding 150 dols. And any person ob- structing any such road laid out, worked upon or improved by virtue of this act, shall be liable to indictment, and on con- viction shall be fined not exceeding 200 dols. Superinten- dents’ duty in attending to, and directing the overseers, and making quarterly reports to the governor. Further ap- propriation of , 5,000 dols. For carrying on the im- provements, purchasing tools, &c. and paying the salary of the superinten- dents and OverSeer'ss 302 ROADS AND RIVERS.—–1829. Superinten- dent to give bond and security in the sum of 5,000 dols. The condi- tion: and take an oath. The oath. The governor to employ agents to purchase the negroes re- quired. Agents’ com- pensation. The agents’ duty in ex- amining the title to any megro he may so buy, and who he shall cause the title to be made to. And transmit the same to the governor to be filed and recorded in the secre- tary of state’s office. The governor to accept the draft of said agents. The superin- tendents shall not furnish any thing to the public hands, nor by his agent, but shall procure from others all articles at the lowest market price. paying the salaries of the Superintendents and overseers as here- inbefore provided. 29. Sec. XVII. Before entering upon the discharge of their respective duties, the said superintendents shall each enter into bond and good security to his excellency the governor, and his successors in office, in the sum of five thousand dollars, for the faithful performance of his trust, and the proper and faithful disbursement of all money which may come into his hands, as Superintendent as aforesaid, and that they shall respectively take an oath before his excellency the governor, that they will respectively truly do and perform all the duties required of them as superintendents as aforesaid. 30. Sec. XVIII. His excellency the governor be, and he is hereby authorized and required, forthwith, to employ such number of fit and competent agents as to him may seem ne- cessary, whose duty it shall be to purchase, for the use of the State, the additional number of able-bodied negroes, directed and intended to be purchased by virtue of this act, and who shall be allowed for their trouble such compensation as may to his excellency the governor seem just and reasonable—and fur- ther, that whenever any such agent may purchase any such negro or negroes, for the use of the State, according to the pro- visions of this act, it shall be his duty carefully to examine the title, and to take a bill of sale for the negro or negroes, so pur- chased by him, to the governor of the State of Georgia, for the time being, and his successors in office, for the use of said State, and to cause the same to be duly executed, authenticated, and proved, according to law; and transmit the same to his excel- lency the governor, to be filed and recorded in the office of secretary of state, and his excellency the governor is hereby authorized to accept the draft or drafts of the said agent, for the amount of the purchase money of the said negro or negroes, and to draw warrants for the same on the treasurer, to be paid out of the money appropriated for that purpose, by the Second section of this act. 31. Sec. XIX. The superintendents shall not be permitted to furnish, in their own proper persons, or by any agent they may appoint, any article or articles for the support or mainten- ance, or clothing of the said hands, or any implements, tools, or camp equipage, which may be required for their use or the progress of the improvement of the said roads or rivers, but shall procure all and every article which may be required, as above, at the lowest market price. 32. Sec. XX. Nothing contained in this act, shall be so ROADS AND RIVERS.—1829. 303 construed as in any manner to affect the operation of the road laws now in force in this State, save and except in so far as the same may interfere with the free exercise of the powers hereby vested in, and the full and faithful discharge of the du- ties hereby required to be performed by the said superintend- ents and overseers, as hereinbefore provided. Sec. XXI. [Repeals all laws militating against this act.] NotE. As this small compendium of the laws of Georgia is only intended for practical use, it is deemed improper by the compiler to crowd it with acts that have not gone into opera- tion, nor any probability of doing so without material alteration of said acts, or which is more probable, an entire re-enactment of them whenever the public spirit in this State on the subject of internal improvement may require such alterations or enact- ments. Therefore all the acts relating to turnpike roads, are omitted, only here giving reference to them in the order of time in which they were passed. 1821. P. 63. Incorporating the Washington Turnpike Com- pany. 1822. P. 86. Incorporating the Turnpike Companies of Milledgeville, Greensborough and Eatonton. 1822. P. 94. Alters the act incorporating the Washington Turnpike Company, passed in 1821. 1823. P. 119. Further altering and amending the act of 1821, incorporating the Washington Turnpike Company. 1826. P. 115. Authorizing a lottery to raise a sum of money to construct a turnpike road from Athens to Augusta. 1827. P. 159. To authorize Thomas Spalding and his asso- ciates the right of constructing a rail road of wood, or digging a canal from the Ocmulgee to the Flint river. Not to affect the operation of the present road laws. Exceptions. 304 sHERIFFs.—1820. 1821. SHERIFFS. An Act requiring Sheriffs and Constables in any of the counties in this State, not having jails, to convey to the jail of any ad- joining county, persons by them arrested on a writ of Capias ad Satisfaciendum, or any legal process requiring bail; and to require the Jailers of such counties, on good and sufficient security being given for the jail fees, to receive and safely keep such prisoners.-Passed 13th December, 1820. P. 13. ..º. 1. Sec. I. Be it enacted, &c. That the sheriffs and lawful Constables ar. º, constables in any of the counties of this State that are not pro- .." vided with a jail be, and they are hereby authorized and requir- capias ad i., ed to convey persons arrested by them, by virtue of a capias dum or other ...” ad satisfaciendum or other civil process which may require bail, and there i. º to the jail of any adjoining county, and to deliver such person ; in or persons to the keeper of such jail : Provided, the person or ; persons so arrested shall refuse or neglect to give such bail as the officer arresting may be authorized to require. ºf 2. Sec. II. The keepers of such jail shall, and they are ::::::::::: hereby authorized and required to receive into their care and :... custody, any person or persons delivered to them, in conformity to the preceding section, and him or them safely keep until they are delivered from thcnce according to law, or by direction or * request of the plaintiff, his agent or attorney : Provided, that the plaintiff, his agent or attorney shall give bond with sufficient security to the keeper of such jail for the jail fees and weekly maintenance of the person or persons so delivered to him for safe keeping, An Act to amend the thirty-third section of an Act, entitled “an Act to revise and amend the Judiciary System of this State,” passed the sixteenth day of February, 1799, so far as relates to the hours of Sheriffs and Constable's Sales.”—This act passed 21st December, 1821. P. 93. Whereas, the hours of sheriffs and constables' sales are thought to be too short, and attended with great inconvenience to the sheriffs and constables, and frequently to the injury of the parties concerned, for remedy whereof:- * See this sec. Prince's Digest, p. 213. SHERIFFS.—1822. I823. 305 3. Sec. 1. From and after the passing of this act, the hours ...” of sheriffs and constables' sales will be from ten o'clock in the ...” forenoon, until four o'clock in the afternoon. All laws and parts of laws militating against this act, be and the same are hereby repealed. An Act to facilitate the recovery of money out of the hands of Sheriffs, Coroners, Justices of the Peace, Clerks of the Supe- rior and Inferior Courts, and Attorneys at Law.”—Passed 25th December, 1822. P. 109. 4. Sec. I. From and after the passage of this act, it shall jºy tº be the duty of the sheriffs, coroners, justices of the peace, con- jºr stables, clerks of the superior and inferior courts, and attorneys ..."; at law in this State, upon application to pay to the proper per- ** Son or persons, his, her, or their attorney, any money or moneys they may have in their hands; and if not promptly paid, the party or parties entitled thereto, his, her, or their attorney, may serve said officer with a written demand for the same, and if Such officer shall pay at not then paid, for such neglect or refusal, the said officer shall . ...; be compelled to pay at the rate of twenty per cent. per annum #: upon the sum he has in his hands, from the day of such just demand, if good cause be not shown to the contrary. 5. Sec. II. A copy of said demand produced into court, ... verified by affidavit, stating when and where the original was ...” served upon the officer, shall be prima facie evidence of the date and service thereof. Sec. III. [Repeals all conflicting laws.] NotE. The sheriffs of Gwinnett, Habersham and Rabun, in the Western Circuit, and all the counties in the Flint and Southern circuits authorized to advertise their sales in one of the public papers in Milledgeville. 1822. P. 106. An Act to compel Sheriffs and Coroners to deliver possession of Real Estate sold by them under eacecutions, to the purchaser, his, or her agent or attorney.—Passed 23d December, 1823. P. 158. 6. Sec. I. When any sheriff or coroner shall sell any real estate by virtue of and under the authority of any execution, it -* * See form for this law, Appendix, title Forms. 39 306 SHERIFFS.—1825. 1829. : shall be the duty of such sheriffor coroner (as the case may be) ut purchas- & º & : §: upon application, to put the purchaser, his or her agent or at- sales in pos- g e * * ºf torney, in possession of the real estate sold : Provided, that this any rea º, act shall not authorize the officer making the sale to turn out Proviso, any other person than the defendant in execution, his heirs, or their tenants, if such other person were in possession at the term of the rendition of the judgment, or if such person has acquired possession under the judgment of a court of compe- tent jurisdiction, or claim under the person or persons acquiring such right by the judgment of such court. An Act to reduce Sheriffs' Bonds in certain counties in this State, and to allow said officers compensation for services.— Passed 24th December, 1825. P. 168. Sheriff’g 7. Sec. I. From and after the first day of January eighteen bonds re- *... hundred and twenty-six, the sheriffs' bonds of the following Several coun- ties. counties, viz. Appling, Bryan, Bullock, Emanuel and Mont- gomery, shall be and the same are hereby reduced to the sum of ten thousand dollars each, which bonds shall be taken in conformity to the forty-first section of the act of the judiciary of this State, passed seventeen hundred and ninety-nine, with the above exception. Sheriffs in 8. Sec. 11. The sheriffs of the before recited counties shall these coun- ...tº be compensated in a sum adequate to their services to be paid compensated ..º.d, out of the county funds for summoning jurors, to be adjudged county funds ſº of by the justices of the inferior court of said counties, any law to the contrary notwithstanding. An Act to make Constables elective by the People, and the mode of taking their bonds, and to point out their duty in certain cases.—Passed 22d December, 1829. P. 160. §onstables tº 9. Sec. 1. Be it enacted, &c. That an election shall be be elected by ºgºn held at the place of holding justices' courts, in each captain's the 1st Sa- º, district, on the first Saturday in January, of each and every January in * ** year, by persons entitled to vote for members of the general assembly, for at least one, and not more than two constables, *...* which election shall be superintended by at least one of the be superin- º * ... justices of the peace and two freeholders; who shall hold his ... or their appointment until the first Saturday in January next * thereafter, and until his or their successor is elected and quali- fied. 10. Sec. II. Before any constable shall enter on the duty SHERIFFS.—1829. 307 of his appointment, he shall take the usual oath, and enter into ..." take an oath and give the usual bond, to be approved of by the justice or justices of .f.e. the peace of their respective districts. curity. 11. Sec. III. Where an election should fail to be held at If the elec. tion should the time aforesaid, or a vacancy should happen, it shall be the nº place on the duty of the justice or justices aforesaid, to advertise an election ºy in January, at three of the most public places in their district, giving at ..." least ten days notice of the time and place, which shall be ...” conducted in the same manner as aſoresaid, and who shall hold his or their appointment until the first Saturday in Janu- ary next thereafter, and until his or their successor is elected and qualified. 12. Sec. TV. Whenever notes for collection shall be placed ºngº; are placed in in the hands of the constable, it shall be his duty to grant re- ...” collect, he , . ceipts for the same, and pay over the amount, when collected, ...” receipt, and pay over the to the plaintiff, or his, her or their agent or attorney, unless ...'. there should be conflicting claims; it shall then be the duty of ...em in his hands. the constable to report the same to the next justice's court of ºptiºn. said district, subject to the order of said court. An Act to reduce the Sheriff’s Bonds of this State, so far as re- spects the County of Irwin, Carroll, Early, Randolph, Rabun, Appling, Campbell, Scriven, Lowndes, and Lee.—Passed 19th December, 1829. P. 163. 13. Sec. I. Be it enacted, &c. That from and after the pas- The amºunt of sheriffs’ sage of this act, the persons elected or appointed sheriffs of the ºr counties of Irwin, Carroll, Early, Randolph, Rabun, Appling, ºral coun. Campbell, Scriven, Lowndes, and Lee, shall be required to give bond and security in the sum of ten thousand dollars only, for the faithful discharge of the duties of sheriff's office of said counties; any thing contained in the forty-sixth section of the judiciary act of seventeen hundred and ninety-nine to the con- trary notwithstanding. An Act for the relief of Sheriffs in certain cases.—Passed 22d December, 1829. P. 165. Whereas, it is frequently oppressive upon sheriffs to serve and return all writs and processes within the time prescribed by law ; for remedy whereof: 14. Sec. I. Be it enacted, &c. That from and immediately shºay serve and after the passing of this act, it shall not be necessary as here- #º tofore for the sheriffs of this State to serve all writs and pro- ** 308 SHERIFFS.—1829. cesses at common law, twenty days before the sitting of the court to which the same may be made returnable, but the same may be served and returned seventeen days before the Proviso, sitting of the court : Provided nevertheless, that all writs and processes shall be copied and issued as heretofore, twenty days before the sitting of the court to which the same may be made returnable; any law, usage or custom to the contrary notwith- standing. An Act to make valid Bonds taken by the Sheriffs of this State and their deputies, Coroners and Constables, from defendants in execution, for the delivery of property levied on by them,- Passed 21st December, 1829. P. 167. Bonds taken 15. Sec. 1. Be it enacted, &c. That from and after the by certain ºr passing of this act, all bonds taken by the sheriffs of this State the forth- ; or their deputies, or coroners or constables, from defendants in .." execution, for the delivery of property on the day of sale, or ...” at any other time, which they may have levied on by virtue of ** any fi. fa., or other legal process, from any court, be, and the same are hereby declared to be good and valid in law, and recoverable in any court in this State having jurisdiction thereof. Bonds so 16. Sec. II. The bonds taken in conformity with the first taken, not to tº {. e e º es ºn section of this act, shall in no case prejudice or affect the rights rights of the #. of plaintiffs in execution, but shall relate to, and have effect alone between the sheriffs, their deputies, the coroners and constables, and defendants by whom given, and the sheriff shall in no case excuse himself for not having made the money on any execution by having taken such bond, but shall be liable to be ruled as now prescribed by law. SLAVES AND FREE PERSONS OF COLOUR-1821. 309 SLAVES AND FREE PERSONS OF COLOUR. An Act to alter and amend the several Laws for the Trial of Slaves and Free Persons of Colour in this State.”—Passed 24th December, 1821. P. 122. 1. Sec. T. From and after the passing of this act, the ſol- lowing shall be considered as capital offences, when committed by a slave or free person of colour: insurrection, or an attempt to excite it; committing a rape, or attempting it on a free white female; murder of a free white person; or murder of a slave or free person of colour, or poisoning of a human being; every and each of these offences shall, on conviction, be pu- nished with death ; and the following shall also be considered as capital offences, when committed by a slave or free person of colour: assaulting a free white person with intent to mur- der, or with a weapon likely to produce death; maiming a free white person; burglary or arson of any description; also, any attempt to poison a human being ; every and each of these offences shall, on conviction, be punished with death, or such other punishment as the court, in their judgment, shall think most appropriate to the offence, and best promote the object of the law, and operate as a preventive for like offences in future. 2. Sec. II. Whenever a slave or free person of colour is brought before the inferior court, to be tried for an offence deemed capital, it shall be the duty of said court to pass such sentence as may be pointed out by law, for the offence of which such slave or free person of colour may be guilty; and in case a verdict of manslaughter shall be found by the jury, the punishment shall be by whipping, at the discretion of the court, and branding on the cheek with the letter M. Sec. III. [Repeals all conflicting laws.] g * See Prin. Dig. p. 461. What shall be consider- ed capital offences. Punishment to be death. Further capi- tal offences. Punished with death, or such other punishment as the court may think proper. Court to pass such sep- tence as may be pointed out by law. If the jury return a vel- dict of man- slaughter, the punish- ment shall be by whipping or branding with the letter M. 310 SLAVES AND FREE PERSONS OF COLOUR.—1824, An Act to alter and amend an Act for the ordering and go- verning of Slaves within this State, passed the tenth day of May, 1770.*—This act passed 20th December, 1823. P. 180. ºpºlº. 3. Sec. 1. The forty-third section of the said act, passed the 43d section of tº tenth day of May, seventeen hundred and seventy, for the or- 1770. dering and governing of slaves within this State, be and the same is hereby repealed. i.º. 4. Sec. II. From and after the passage of this act, every of slaves who .*...* owner or owners, who may keep on any plantation the number Ol' Ill Ore Oll .." of ten slaves or more, over the age of sixteen, shall be com- tion over 6 yea g gº ... pelled to keep a white man capable of bearing arms, as an age, without a white per- j overseer, manager, or superintendent on said plantation, under of bearing g tº º e tº º; the penalty contained in the said forty-third section so re- 8 be th penalty. e pealed.ſ An Act to repeal all laws and parts of laws which authorize the selling in to Slavery of Free Persons of Colour.—Passed 20th December, 1824. P. 125. Free per- 5. Sec. I. That all laws and parts of laws which authorize sons of ºil.” the selling of free persons of colour into slavery, be and the e Sold into slavery. same are hereby repealed. g An Act to amend the law prohibiting Slaves from selling cer- tain articles without License.i-Passed 20th December, 1824. P. 126. Slaves pro- 6. Sec. I. If any slave shall sell or purchase without a ticket ...” authorizing him so to do, any quantity or amount whatever of - ith- & §§. cotton, tobacco, wheat, rye, oats, corn, rice or poultry, or any certain arti- g cles: other articles except such as are known to be usually manufac- tured or vended by slaves, they shall suffer the pains provided der certai º g ...“ by an act passed the nineteenth day of December, eighteen hundred and eighteen, entitled, an act to alter and amend an act, to prohibit slaves from selling certain commodities therein mentioned. [See P. D. p. 465.] * See Prin. Dig. p. 447. *i. # For this repealed section see Prince's Digest, p. 455. Penalty five pounds per month. # See Prin. Dig. p. 465. SLAVES AND FREE PERSONS OF COLOUR.—1826. 311 An Act to amend an Act, entitled, an Act supplementary to an Act, more effectually to enforce an Act, entitled, an Act pre- scribing the mode of manumitting Slaves in this State; and also to prevent the inveigling and illegal carrying out of the State persons of colour.”—This act passed 20th December, 1826. P. 161. [But see act of 1829, further on this subject.] 7. Sec. T. From and after the passage of this act, it shall not be lawful for the clerk of the inferior court of any county of this State, to issue any certificate of registry of freedom to any coloured person, but upon affidavit first made by the guar- dian of such person of colour, that he or she is a free person of colour duly manumitted agreeable to the laws of this State; and that he or she is about to remove into another county, or beyond the limits of this State, or about to depart in the capa- city of a servant to some inhabitant of this State. 8. Sec. II. Previous to the granting of certificates of re- gistry of freedom, it shall be the duty of the clerks of the supe- rior and inferior courts of the several counties of this State, to give ten days notice in one of the public gazettes, or in some other public manner, of the name of the applicant or applicants, his age, &c. and of his, or her, or their guardian or guardians. 9. Sec. Ill. Such certificate of registry of freedom when issued as aforesaid, shall contain an accurate description of the person, age, occupation, and residence of such person of colour, and that the clerk so issuing the same shall be entitled to have and receive from the guardian of such person of colour the sum of five dollars; and should any free negro or person of colour, transfer his or her certificate of registry of freedom obtained as aforesaid, to any slave or free negro, or other person of colour, such free negro or person of colour so offending shall be punished by such fine, imprisonment and other corporal punishment, as any court competent to try slaves and free persons of colour, may in its discretion think proper to inflict. 10. Sec. IV. If any captain of a vessel, mariner, or other per- son or persons, shall transport, entice, carry away, or inveigle, or shall attempt to transport, entice, carry away, or inveigle, or shall aid, abet, or in any wise assist or be instrumental in the transportation, removal, enticing, inveigling or going, running or carrying away out of the State of Georgia, of any free per- son of colour or any other person of colour, claiming or pre- * For these acts, see Prince's Digest, p. 456–465. Clerks not to issue certifi- cates of 1 e- gistry of freedom to any coloured person, only upon the oath of their guardian. Clerks to give motice before he issues such certificates. What such certificates shall contain. Clerk’s fee. Should such person of colour trans- ſer such certificate, how dealt with. If any per- son shall en- tice, &c. or carry away any such per- son, without a genuine certificate of registry of freedom, shall be liable to in- dictment, and how punish- ed. 312 SLAVES AND FREE PERSONS OF COLOUR.—1829. And pay 500 dols. for each offence. How sued for &c. and with- in what time. One half to the state, and the other half to the informer. Attorney or ; solicitor general’s duty in pro- secuting. Proviso. No coloured Sea. In:ln arriving (except from the ports of S. C.) shall leave the vessel within certain hours. The captain to report to the chief magistrate of the town, a description of the seamen and their names, and shall give bond and se- curities in the sum of 100 dols. for each seaman. The condi- tion. If the captain violate the bond, what the chief magistrate must do. tending to claim to be free, who shall not have such genuine certificate of registry of freedom duly issued to him or her as aforesaid, such person or persons so offending, shall be liable to be indicted as for a misdemeanor, and shall be punished by im- prisonment in the common jail of the county, at the discretion of the court, and such person or persons and each and every one of them shall also forfeit and pay the sum of five hundred dollars for each offence so committed, to be sued for or prose- cuted by action of debt, as on the case in the name of the State, in any court having competent jurisdiction thereof, at any time within five years after the commission of the offence, one half of which said forfeiture when recovered shall be to the use of the State, and the other half to the use of the informer; and it shall be the duty of the attorney general, or solicitor gen- eral, who shall be assigned or appointed to prosecute the pleas of the State in the county where the said action is cognisable, to sue and prosecute for said sum, whenever he shall be in- formed of such offence: Provided nevertheless, that it shall and may be lawful for any such person to sue and prosecute for said sum, if said attorney or Solicitor general shall not have previ- ously sued or prosecuted therefor. 11. Sec. V. No coloured seaman arriving from any port whatever, (except from ports in South Carolina,) shall be suf- fered to leave the vessel in which they have arrived, in any port in this State, from the hours of six o'clock in the evening until five o’clock in the succeeding morning, and it shall be the duty of every captain of a vessel having such seamen as aforesaid on board, to report to the chief magistrate of the city or town where the vessel is, a particular description of the sea- men, and their names, and the said captain shall give bond with two securities in the sum of one hundred dollars for each seaman aforesaid, payable to the chief magistrate of the city or town where the vessel is, conditioned for the maintenance of each seaman, for the retaining each on board his said vessel, as is above required, and for the taking, removing, and carrying away each of said seamen when the vessel departs, whether by the articles entered into the said port of this State be a port of discharge or not. º 12. Sec. VI. If the said captain shall violate or omit to per- form any of the provisions or conditions of said bond so entered into, it shall be the duty of the aforesaid chief magistrate to di- rect the solicitor general of the circuit court, or recorder of the city in which the vessel may be, or employ any solicitor or at- torney to sue the same in any court having competent jurisdic- SLAVES AND FREE PERSONs of colour.—1827. 1829. 313 tion, and the amount recovered on said bond shall be paid into the treasury of such town or city. An Act more effectually to enforce the provisions of the statute of 1826,” so far as the same regards the arrival of persons of Colour in the several ports and waters of this State.—Passed 26th December, 1827. P. 180. [But see act of 1829, further on this subject.] 13. Sec. I. Whenever any vessel shall arrive in any of the ports or waters of this State, it shall be the duty of the master or captain thereof, to repair within twenty-four hours after the arrival aforesaid, to the nearest city or town, and make a re- port to the mayor, intendant, or other chief magistrate thereof, of any coloured persons on board of his said vessel, and give bond agreeably to the provisions of the fifth section of the act passed the twentieth day of December, eighteen hundred and twenty- six, under the penalty of one hundred dollars, for every such person omitted to be so reported and bonded. 14. Sec. II. The said penalty shall be sued for and reco- vered in the same manner as is prescribed in the sixth section of said act, passed on the twentieth day of December, eighteen hundred and twenty-six, aforesaid, entitled “an act to amend an act, entitled an act supplementary to an act, more effectu- ally to enforce an act, entitled an act prescribing the mode of manumitting slaves in this State; and also to prevent the in- veigling and illegal carrying out the State persons of colour.” An Act to amend the Acts concerning the Guardianship of Free Persons of Colour.—–1829. P. 97. Whereas, it frequently happens that the citizens of this State decline a permanent guardianship of free persons of colour, by which the ends of justice are prevented: 15. Sec. I. Be it enacted, &c. That from and after the passing of this act, free persons of colour may exercise the right, heretofore secured to them, of suing and being sued, pleading and being impleaded, answering and being answered unto, by the aid of a next friend, as well as by a guardian. 16. Sec. II. Guardians of free persons of colour shall have –mammº- * The foregoing act. Captain of a vessel's duty when arriv- ing in the ports or waters of this.state. How the pe. malty must be sued for and , recovered. Free persons of colour may sue and be sued, &c. by their next friend, as well as by guardian. 40 314 SLAVES AND FREE PERSONS OF COLOUR.—1829. Guardians of free persons of colour may : resign. Ships arriv- ing in this state from any other port having on board any free negro or person of colour shall perform qua- rantime 40 days. No negro or person of colour of this State to go on board of said ship, or have any commu- nication with said persons of colour. No free ne- gro or per- son of colour, on board said ship, shall have any Commu- nication with the privilege, with the consent of the inferior courts, of resign- ing their appointments at any time they may wish to do so. An Act to be entitled, an Act to amend the several Laws now in force in this State, regulating Quarantine in the several Sea- ports of this State, and to prevent the circulation of written or printed Papers within this State calculated to excite disaſ. fection among the Coloured People of this State, and to pre- vent said People from being taught to read or write; and to repeal the Act assented to the ninth December, eighteen hun- dred and twenty-four, entitled, an Act to repeal the Law of eighteen hundred and seventeen, prohibiting the introduction of Slaves into this State.*—This act passed 22d December, 1829. P. 168. Whereas, it has become highly necessary and essential to the welfare and safety of the good people of this State, that merchant vessels or ships coming by sea from other States or countries, with free persons of colour acting as mariners or stewards, or in any other employment or capacity on board such vessel or vessels, should perform quarantine, and that means be adopted to prevent such persons of colour from com- ing into this State, or from communicating with the coloured people of this State: 17. Sec. I. Be it enacted, &c. That all ships or vessels coming into any port of this State, by sea or from any port or place in any other State, or any foreign country, having on board any free negro or free person of colour employed as a steward, mariner, or in any other capacity, or as a passenger, shall be subject to quarantine for the space of forty days; nor shall it be lawful for any negro or person of colour residing in this State, to go on board of such ship or vessel while riding quarantine, or to have communication with any such coloured person on board of said vessel, for any purpose whatever, while she is so riding quarantine. 18. Sec. II. If any free negro or person of colour so coming in the said ship or vessel, shall come on shore or have any communication with any person of colour residing in this State, while the said ship or vessel shall be riding quarantine as aforesaid, such negro or person of colour shall be immediately apprehended and committed to the common jail of the county any person of colour re- siding in this state; if so, he shall be apprehended. * For this act see Prince's Digest, p. 373. SLAVES AND FREE PERSONS OF COLOUR.—1829. 315 where he shall be apprehended; and the mayor or intendant of any city or town within this State, or any judge or justice of any superior or inferior court of this State, is hereby authorized and required to issue a warrant or warrants, directed to any Sheriff, or marshal, or constable, of any city or town, or sheriff or lawful constable within this State, for the apprehension of such free negro or person of colour, Mayor, in- tendant, judge or J. I. C.’s duty in issuing a warrant for that purpose. and to commit him or her Must be committed to to any common jail within this State as aforesaid, there to re-jº". main until the said ship or vessel shall be actually departing from the waters of this State, or shall be hauled off from the wharf and ready to proceed to sea, or until he or she shall be otherwise discharged by law. 19. Sec. Ill. If any negro or person of colour shall com- municate with any free negro or person of colour, so coming into this State, while the said ship or vessel is riding quaran- tine as aforesaid, such negro or person of colour so offending shall be forthwith arrested by a warrant to be issued by the authorities and in the manner hereinbefore provided, and di- rected as is hereinbefore provided, and on conviction thereof any mayor, or intendant, judge or justice, aforesaid, before whom the said warrant shall be made returnable, shall be sentenced to be whipped not exceeding thirty-nine lashes. 20. Sec. IV. When said vessel is ready to sail, the captain of the said vessel shall be bound to carry away the said free negro or person of colour, and to pay the expenses of his de- tention; and in case such captain shall refuse or neglect to pay the said expenses and to carry away the said free negro or person of colour, he shall forfeit and pay the sum of five hundred dollars, to be recovered by indictment in the superior court of the county where the said offence was committed, and shall also, on conviction, Suffer imprisonment in the common jail of the said county, for any term not exceeding three months: Provided, that no part of this act shall be so con- strued as to extend to any negro or person of colour employed on board of any steam boat, or on board of any national vessel of war. 21. Sec. V. Every free negro or person of colour coming into this State as aforesaid, and who shall not depart the State, in case of the captain refusing or neglecting to carry him away, within ten days after the vessel in which he came has depart- ed, shall be liable, on conviction before any magistrate of the county, to be whipped not exceeding thirty-nine lashes. 22. Sec. VI. All free negroes, or persons of colour, and all other persons, shall be exempted from the operation of this act Penalty to be inflicted on a negro or person of colour for having corn- munication with negroes or persons of colour while the ship is riding qua- rantine- 39 lashes. Captain bound to car- ry away such free negroes, &c. and pay expenses. If be refuses he shall pay 500 dols. To be reco- vered by in- dictment, and suffer imprison- Inent not ex- ceeding 3 months. Proviso. Every free negro, &c. who shall not depart the state within 10 days after the departure of the vessel, shall receive not exceed- ing 39 lashes. 316 SLAVES AND FREE PERSONS OF COLOUR.—1829. Certain per- sons exempt from the pe- malties of this act, This act not to ext{nd to certain other persons. When this act shall be in force. The city councils or corporate authorities of the towns of this state, may make further pro- visions for carrying into effect this act. Proviso. Any person *. ji bring, &c. or circulate &c. any printed or written pamphlet or paper of a certain de- scription, shall be pu- nished with death. where such free negroes and persons of colour have arrived within the limits of this State by shipwreck or stress of wea- ther, or other unavoidable accident; but such free negroes or persons of colour, and other persons, shall nevertheless be sub- ject to the penalties of this act, if the requisites of the same be not complied yith within one month after such shipwreck, stress of weather, or other unavoidable accident. 23. Sec. VII. This act shall not be construed to extend to any free American Indian, ſree Moors, Lascars, or other coloured subjects of the countries beyond the Cape of Good Hope, who may arrive in this State in any merchant vessel ; but such persons only shall be deemed and adjudged to be persons of colour, within the meaning of this act, as shall be descended from negroes or mulattoes, either on the father's or mother's side. 24. Sec. VIII. The aforegoing sections of this act shall not be in force or deemed to operate upon any ship or vessel arriving in the ports of this State, from any other State of the United States, until the expiration of three months after the passage of this act, nor upon any ship or vessel arriving from any port or place beyond the limits of the United States, until the expiration of six months after the passage of this act. 25. Sec. IX. The city councils or corporate authorities of the cities or towns of this State respectively, be, and they are hereby authorized and empowered, by ordinance or otherwise to ordain and make such other provisions and regulations as may be necessary for carrying into full effect the provisions and true intent and objects of the aforegoing sections of this act: Provided, that the same be not contrary to the constitu- tion or laws of this State. 26. Sec. X. If any slave, negro, mustizzo, or free person of colour, or any other person, shall circulate, bring, or cause to be circulated or brought into this State, or aid or assist in any manner, or be instrumental in aiding or assisting in the circulation or bringing into this State, or in any manner con- cerned in any printed or written pamphlet, paper or circular, for the purposes of exciting to insurrection, conspiracy or re- sistance among the slaves, negroes, or free persons of colour, of this State, against the owners, or citizens of this State, the said person or persons offending against this section of this act, shall be punished with death. 27. Sec. XI. If any slave, negro, or free person of colour, or any white person, shall teach any other slave, negro, or ſree person of colour, to read or write, either written or printed SLAVES AND FREE PERSONS OF COLOUR.—1829. 317 characters, the said free person of colour, or slave, shall be punished by fine and whipping, or fine or whipping at the dis- Cretion of the court; and if a white person so offending, he, she, or they shall be punished with fine, not exceeding five hun- dred dollars, and imprisonment in the common jail, at the dis- cretion of the court before whom said offender is tried. 28. Sec. Xll. The act assented to, on the ninth day of De- cember, eighteen hundred and twenty-four, entitled “an act to repeal a law, passed in the year one thousand eight hundred and seventeen, prohibiting the introduction of slaves into this State, only on certain conditions,” be, and the same is hereby repealed, and that the act which said act repealed, be, and the same is hereby revived, and shall be taken, held, considered, and enforced, as the law of this State.” And that any law Contravening the provisions of said act, be, and the same is hereby repealed; and further, that all laws, or parts of laws, militating against this act, be, and the same are hereby re- pealed. An Act to amend the several laws of this State, for the Trial and Punishment of Slaves and free persons of Colour.— Passed 22d December, 1829. P. 172. 29. Sec. I. Be it enacted, &c. That from and after the pass- ing of this act, the wilful and malicious burning, or setting fire to, or attempting to burn a house in a city, town, or village, when committed by a slave or free person of colour, shall be punished with death. 30. Sec. II. The wilful and malicious burning a dwelling- house on a farm or plantation, or elsewhere, (not in a city, town or village,) or setting fire thereto in the night time, when the said house is actually occupied by a person or persons, with the intent to burn the same, when committed by a slave or free person of colour, shall be punished with death. 31. Sec. Ilſ. The trial of offenders against the provisions of this act, shall be had in the same courts, and conducted in the same manner, and under the same rules and regulations as are provided by the several acts now in force in this State, for the trial of capital offences, when committed by a slave or free person of colour. Sec. IV. [Repeals all laws militating against this act.] If any per- son shall teach a slave, negro, or free person of colour to read or write, if a free per- son of colour or a slave, he shall be pu- mished by fine or whip- ping, &c. and if a white person, he shall be fined not exceeding 500 dols. and imprisoned. Repeals the act of 9th December, 1804: and revives the act of I817. —-mºs- * This section revives the act of 1817, which is inserted in page 319. Wilſul burn- ing of a house, &c. in a iOW n or village pu- nished with death. Wilful burn- ing &c. of a house, not in town, when occu- pied, by a slave or free person of colour, pu- nished with death. The trial to be had and conducted as are provided for by the laws now in force. 318 SLAVES AND FREE PERSONS OF COLOUR.—1829. Parties dis- satisfied with the decision of the court, may offer ex- ceptions in writing, signed by such party or their attor- mey, and if overruled by the court, such party may, on 20 days’ notice to the oppo- site party, apply to the §. of the S. C. and if deemed suffi- cient, he shall issue a writ of certi- orari, and cause the proceedings to be sent to the S. C. for trial. Determined at the 1st term. An Act to amend an Act, passed on the sixteenth day of Decem ber, eighteen hundred and eleven;” and also an Act passed on the nineteenth day of December, eighteen hundred and six- teen,” in relation to Slaves and Free Persons of Colour.— This act passed 22d December, 1829. P. 173. 32. Sec. I. Be it enacted, &c. That in all trials and pro- ceedings before justices of the peace and justices of the inferior court, under and by virtue of the act passed on the sixteenth day of December, eighteen hundred and eleven, and of the act passed on the nineteenth day of December, eighteen hundred and sixteen, in relation to slaves and free persons of colour, and of any acts amendatory thereof; when either party shall be dis- satisfied with any decision of the court before whom such trial or proceedings may be had, affecting the real merits thereof, such party shall, and may offer exceptions in writing to such decision, which shall be signed by such party, or his, or her at- torney, and if the same shall be overruled by said court, the party making the exceptions may on twenty days notice to the opposite party, or his, or her attorney, apply to one of the judges of the superior court, and iſ such judge shall deem the excep- tions sufficient, he shall forthwith issue a writ of certiorari to said justices, or to the clerk of the inferior court, as the case may be, requiring the proceedings of said matter to be certified and sent to the superior court next to be held in and for the county in which said proceedings or trial may have been had : and at the term of the court to which such proceedings shall be certified, said superior court shall determine thereon, and make such order, judgment and decision as shall be agreeable to law and justice. 33. Sec. II. When exceptions shall be offered in manner aforesaid, the said justices before whom said trial or proceed- ings may be, shall suspend the execution of their judgment and sentence for forty days; and when a certiorari shall be sanc- tioned in manner aforesaid, the judge issuing the same, shall order the said judgment and sentence to be suspended until the final order and decision of said superior court shall be had in the cause. When ex- ceptions are offered, the justices shall suspend the execution 40 days. Judge grant- ing the certi- orari to order a suspension of the sen- tence until final order shall be had. s— * For these two acts, see Prince's Digest, p. 459–461. SLAVES AND FREE PERSONS OF COLOUR.—1829. 319 An Act to prohibit the employment of Slaves and Free Persons of Colour in the setting of Types in Printing Offices in this State.—Passed 22d December, 1829. P. 175. 34. Sec. I. Be it enacted, &c. That no slave or free person of colour shall be employed in the setting of types, in any print- ing office of this State, and that if any owner or proprietor of a printing press in this State, shall use or employ a slave or free person of colour in the setting of types, or shall suffer a slave or free person of colour to be so employed in his office, such owner, or proprietor, or person shall forfeit the sum of ten dol- lars for every slave or free person of colour who may be so em- ployed on any day or part of a day, to be sued for and reco- vered by an action of debt in the justice's court of the district wherein the offender may reside, by and in the name and to the use of any person who shall prosecute for the same. 35. Sec. II. When there are several owners or proprietors of such press, the suit herein authorized may be brought against any one or more of the owners or proprietors who may be re- sident in the county wherein such offence may be committed, or against the person having the charge and control of the printing press in the office or house in which the offence may have been committed; and the process shall require the defend- ant or defendants to answer in an action of debt for a breach of the provisions of this act. Act of 20th December, 1817. Prince's Digest, P. 373. Sections 232 and 233. [Repealed by act of 1824, P. 124, of the acts of that year, and revived again in 1829. P. 172, of the acts of that year.] 36. Sec. XXXII. From and after the passage of this act, it shall not be lawful, except in the cases herein authorized and allowed, for any person or persons whatsoever to bring, import, or introduce into this State, to aid or assist, or knowingly to become concerned or interested in bringing, importing, or in- troducing into this State, either by land or by water, or in any manner whatsoever, any slave or slaves; and each and every person or persons so offending shall be deemed principals in law, and guilty of a high misdemeanor, and may be arrested and tried in any county in this State in which he, she, or they may be found, and on conviction shall be sentenced to pay a fine of five hundred dollars each, for each and every slave so brought, imported, or introduced, and to undergo an imprison- No slave or free person of colour to be employed in setting type. Any owner, &c. of a press so employing a slave or free person of colour in setting of type, how dealt with. When there are several OWnerS OF proprietors of a press, what may be done. No slaves to be introduc- ed into this state, only on certain con- ditions. May be tried wherever they may be found, and shall pay a fine of 500 dols. for each slave, and be imprisoned in the pemi- tentiary from one to three years. 320 SLAVES AND FREE PERSONS OF COLOUR.—1829. But may bring slaves for their own use, without the intention of alienating them by any of the de- vices here mentioned. The person bringing in slaves shall take an oath before the clerk of the superior court, pre- vious to, ment in the penitentiary at hard labour, for any period of time for not less than one year, nor longer than three years: Pro- vided always, that this act shall not extend to any citizen of this State, residing or domiciliated therein, nor to any other citizen of any other State, coming into this State with intent to settle and reside, and who shall, on so coming in, actually settle and reside therein, who shall bring, import, or introduce into this State any slave or slaves, for the sole purpose of being held to service or labour, by the person or persons so bringing, import- ing, or introducing such slave or slaves, his heirs, executors, or administrators, and without intent to sell, transfer, barter, lend, hire, mortgage, procure to be taken or sold under execution, or other legal process, or in any other way or manner to alien or dispose of such slave or slaves, so as to vest the use and enjoy- ment of the labour or service of such slave or slaves in any other person or persons, than the person or persons so bringing, im- porting, or introducing such slave or slaves, or in his or her heirs, executors, administrators, or legatees, whether such sale, trans- fer, barter, loan, hiring, mortgage, procurement of levy or sale, under execution or other legal process, or alienation or dispo- sition of such slave or slaves, shall be for the life or lives of such slave or slaves, or for any other period of time: And provided further, that any person or persons hereby authorized to bring, import, or introduce any slave or slaves into this State, shall before such slave or slaves is or actually so brought, imported, or introduced therein, go before the clerk of the superior court of some county in this State, and make and subscribe an affi- davit in writing, which shall be lodged with such clerk, stating that he or she is about to bring, import, and introduce into this State a slave or slaves, in terms of this act, particularly describ- ing such slave or slavcs by their names, age, and qualifications: that he or she is the true and lawful owner of such slave or slaves; that the said slave or slaves is or are about to be brought, imported, or introduced into this State, for the sole purpose of being held to service and labour by him, or her, his or her heirs, executors, administrators or legatees, and without any intent to sell, transfer, barter, lend, hire, mortgage, procure to be taken or sold, under execution or other legal process, or in any way or manner to alien or dispose of said slave or slaves, so as to vest the use or enjoyment of the labour or service of such slave or slaves, in any other person or persons, either for the life or lives of said slave or slaves, or for any other period of time, or in any way or manner to defeat, avoid, or elude the true intent and meaning of this act; and a similar oath, stating the actual SLAVES AND FREE PERSONS OF COLOUR.—1829. 321 importation of such slave or slaves, shall be made by such per- son before the clerk of the superior court of the county where such person resides or intends to settle and reside, of which a certificate shall in each case be granted by such clerk; and it is hereby further provided, that no person whatever shall be exempted from the penalties of this act who shall fail or nelgect to comply with the requisites of the foregoing section, or making or subscribing the said affidavits in manner and form as is therein specified and set forth; and in all cases of prosecution under this act, it shall be sufficient in the indictment to allege that the slave or slaves was or were brought, imported, or intro- duced into this State, contrary to the true intent and meaning of this act; and any person or persons claiming an exemption from the penalties thereof, shall plead specially his defence, and shall be held to due proof thereof; and the jury shall be spe- cially charged to inquire into the intent of such person or per- Sons, which intent may be inferred from the circumstances of the case; but any sale, transfer, barter, loan, hiring, mortgage, procurement of levy or sale under execution or other legal pro- cess, or other alienation or disposition of such slave or slaves, for the life or lives of such slave or slaves, or for any other pe. riod of time; or any offer to sell, transfer, barter, lend, hire, mortgage, procure to be levied or sold under execution or other legal process, or in any way or manner, to alien or dispose of such slave or slaves, for the life or lives of such slave or slaves, or for any other period of time, so as to vest the use or enjoy- ment of the labour or service of such slave or slaves, for the life or lives of such slave or slaves, or for any other period of time, in any other person or persons than the person or persons so importing or introducing such slave or slaves into this State, his or her heirs, executors, administrators or legatees, contrary to the true intent and meaning of this act, if made within one year after such slave or slaves shall have been brought, im- ported, or introduced into this State, shall be conclusive evi- dence of such unlawful intent, in violation of this act: And provided further, that this act shall not extend to prevent any person travelling into this State from bringing therein any such slave or slaves as may be needful for his comfortable and usual attendance upon his journey; nor to any person or persons bring- ing into this State any slave or slaves, found on board any ship or vessel which may be taken as a prize of war, or seized for an infraction of any of the laws of the United States, and brought into this State in such ship or vessel at the time of such capture and after the slaves are brought in;- or suffer the penalties of this act. Manner of pleading. The jury shall be charged to inquire into the intent, and what shall be evi- dence of bringing slaves with intent to sell them. Slaves may be brought by travellers as attending servants, or as a prize : 41 322 SLAVES AND FREE PERSONS OF COLOUR.—1829. but an at- tempt to sell them, incurs the same pe- nalty as in other cases. Any person knowingly purchasing or receiving such slaves, liable to the foregoing penalties. Duty of civil and militia officers here- in. This act not to extend to contracts of hiring, loan- ing, &c. of the owner with his children, Duty of the clerk of the superior courts here- in. Clerk’s ſee. or seizure; but it shall not be lawful to sell, or in any manner contrary to this act to dispose of said slave or slaves within this State; and such sale or other disposition of such slave or slaves in any way or manner forbidden by this act, or offer to sell or dispose of the same, shall be conclusive evidence of an intent to bring such slave or slaves into this State, contrary to the true meaning of this act, and shall subject the party so offending to the fine and imprisonment hereinbefore specified and set forth; and the same obligations shall be imposed upon any person or persons claiming an exemption under this section from the pe- malties of this act; the same rules shall obtain as to the plead- ings and evidence, and the jury shall exercise the same power of judging of the fairness of the intent as is given and are pro- vided in the preceding part of this section; and if any person or persons whatsoever shall at any time after the first day of February next, purchase, hire, receive, or get into his or her possession, any slave or slaves, knowing the said slave or slaves to have been imported or introduced into this State illegally, and contrary to the true meaning and intent of this act, each and every person or persons so offending shall be deemed prin- cipals in law, and guilty of a high misdemeanour; and on con- viction thereof, shall be subject to the same fine as hereinbefore specified and set forth against persons bringing, importing, or introducing any slave or slaves into this State, contrary to the provisions of this act; and it shall be the duty of all and every civil and militia officer in this State to aid and assistin carrying this law into effect; and this act shall not be construed to ex- tend to prevent any person or persons from giving, hiring, or loaning any negro or negroes to their legal child or children for me year or more, and who shall retain him, or them, one year from the time of receiving him, her, or them, or shall be subject to the penalties of the aforesaid act. 37. Sec. XXXIII. It shall be the duty of every clerk of the superior court, before whom any oath required to be taken by this act, shall be made, to keep a bound book, in which shall be recorded the affidavits required to be made, and the certifi- cates necessary to be given, agreeable to the provisions of this act, previous to the introduction of any slave or slaves into this State, and also to record in said book, all other instruments of writing, or statements which may be necessary to be given by him, or may be necessary to be made to him, for carrying the intention and provisions of this act into effect; and every such clerk shall receive, as a compensation for the services rendered necessary to be performed by him, by virtue of this act, the sum STATE BOUNDARY.—1826.-STATE HOUSE OFFICERS.—1821. 323 of two dollars, to be paid by the person for whose interest such Services may be performed. ——éºe—— STATE BOUNDARY. Resolution of 8th December, 1826. P. 241. Resolved, &c. That the line run and marked from Nickajack to Miller's Bend, on the Chattahoochie, is the true line contem- plated by the articles of cession of 1802, between the United States and Georgia, and that it be recognised as such by the State of Georgia. ——eºe—— STATE HOUSE OFFICERS. An Act to amend an Act, entitled “an Act further explaining and defining the duties and powers of the Comptroller Gene- ral,” passed the fifth day of December, seventeen hundred and ninety-nine;” also more particularly to define and prescribe the duties of the Treasurer of this State.—Passed 25th December, 1821. P. 47. 1. Sec. I. From and after the passage of this act, it shall Comptrºller be the duty of the comptroller general to report to the legisla- fººt ture, within the first week of each annual session, an account legislature. of all balances of appropriations remaining unexpended at the close of each political year. 2. Sec. II. It shall not be lawful for the comptrollet, in Nºt executing the duties prescribed to him in the aforesaid, or any ºf other act, to accept, sanction or pass any order, draft or war- * rant, drawn on, or payable out of any appropriated fund that . may have been exhausted or covered by orders, drafts or war- rants of antecedent date or acceptance; nor shall the treasurer ..." ; pay money to any draft or warrant, (except president and calent speaker's warrants) until the comptroller general shall first jº cepted. e- * See this act Prince's Digest, p. 390. 324 STATE HOUSE OFFICERS.—1821. have approved and accepted the same, pursuant to the provi- sions of said act; nor out of any other fund or appropriation than that on which the said draft or warrant is legally charge- able. The account. 3. Sec. III. The said comptroller general and treasurer, ability of the sº comptºiler shall be respectively accountable for the amount of all orders, general, and ... drafts or warrants by them accepted, approved, passed or paid, and their se- i... contrary to the provisions of this act, to be recovered in any transcending their powers ...” court having competent jurisdiction, by action of debt, prose- act. cuted in the name and for the use of the State, against said comptroller general, and treasurer respectively, and their Secu- rities. The comp- 4. Sec. TV. It shall be the duty of the comptroller general, troller gene- *...P to keep a regular account with the treasurer, in which said a regular account with ... treasurer shall be charged with all moneys paid into the trea- sury, and to place to his credit the several sums specified in all orders, drafts and warrants, legally made or drawn on him. Fº 5. Sec. V. It shall be the duty of the comptroller general tººk to report to the legislature, within the first week of each an- O e SeS- wit the nual session, a full and complete account of the State and con- ºut dition of the treasury, comprising the aggregate sum actually paid in, for all taxes, debts and demands of whatsoever descrip- tion, during each preceding political year; and the several items of expenditure incurred for the same period; the salary and pay of all officers and agents employed in the civil and military service of the State; the identical expenses of the legislature, executive and judicial departments of the govern- ment, and all sums paid, or due to individuals on special con- tract; and at the time of making such annual report, the comptroller shall annex, as a part thereof, a statement of the amount of taxes and dues, with which the inhabitants of each county in the State stand charged in the digest returned to his office, by the several receivers of tax returns in this State; the names of all debtors, delinquent collectors and depositories of public moneys, and the several sums in the payment of which they have made default. Wºº, 6. Sec. VI. It shall be the duty of the comptroller general the report." to accompany his said annual report with a recommendation of such changes or amendments of the revenue laws of this State, as in his opinion, may tend to ensure the more prompt and faithful execution, and to curtail the expenses of collection. 7. Sec. VII. All banks of discount and deposit, corpora- tions and companies of whatsoever kind or description, by which moneys are or may hereafter become payable to the STATE HOUSE OFFICERS.—1823. 325 treasury of this State, shall be exclusively subject to the draft Albanks, &c. which have of the comptroller general for the sums which may, from time ...” treasury, to time become due, who is hereby directed immediately on jº, the º te draft of the the accrual of such dues and demands, to issue his drafts for ºil. the same, ordering the payment thereof to be made to the trea-" surer of this State.* 8. Sec. VIII. It shall not hereafter be lawful for the exe- ...” w g * ſº ith the col- cutive department of government to interfere with, or in any ºf taxes, longer manner to suspend the collection of taxes, debts or dues, which tº the ºt meeting O may be legally demanded by the comptroller or treasurer, for the legisla. the use of the State, for a longer period than till the meeting of ture.” the next legislature after the suspension; to which he shall communicate the case in which the suspension was had, and the particular ground upon which it was granted. 9. Sec. 1X. All executions for the collection of taxes due #:...": for taxes is- this State, shall hereafter be issued by the comptroller general : ... only ; any law to the contrary notwithstanding. general only. An Act further to define the duties of Comptroller General, So- licitors and Attorney General, Collectors and Sheriffs, and for other purposes.—Passed 22d December, 1823. P. 52. 10. Sec. I. From and after the passing of this act all the ſº º * & 7. the state to evidences of debts now due, or which may hereafter become . dºla due to the State, shall be deposited in the office of the comp- ... troller gene- troller general, whose duty it shall be to call for and receive iº from the treasurer all such evidences as are now in the trea- " Sury, to open and keep separate and distinct accounts of every description of debt, against the treasurer, charging him with all sums paid in thereon, as in the accounts of the general tax, and to perform all the duties in the collection of debts due the State which have hitherto been performed by the treasurer. 11. Sec. II. The comptroller general is hereby directed to The comp; g tº º * g troller gene- furnish the attorney and solicitors general each with a list of all alºh the attorney executions which have hitherto issued, or which may hereafter ... general with issue against defaulting tax collectors within their respective . cutions hith- circuits, whose duty it shall be to report to the comptrollergen- '. or hereafter to issue for eral annually, on or before the meeting of the general assembly, ... e e º & g their duty in the situation of said executions, what prospect there is of col- ºn * tº * the same. lecting the money, and any other circumstance of importance to be known relative thereto. *But see title Banks, sec. 105, 106. 326 STATE HOUSE OFFICERS.—1823. The comp- troller gene- ral to issue executions for all taxes in arrear. His duty in approving WarrantS. Defaulting tax collect- ors to pay 20 per cent. per ann Ulm. On the amount in default, till paid. Sheriff’s duty in re- porting to the attorney general his actings, &c. on all execu- tions in fa- vour of the State. In case of de- fault, what may be done. Sheriffs to pay 20 per cent. per annum for what he may be in default. Attorney or solicitor ge- neral to pay 20 per cent. per annum on public money in their hands, when retain- ed. Tax collector collecting taxes before he gives bond, subject to indict- ment, &c. Additional salary to the comptroller general. 12. Sec. III. The comptroller general is hereby required to issue executions against all defaulting tax collectors, and their securities, (if any,) immediately after the tax which they were appointed to collect shall have become due, and in the event of the death of the collector, or either, or all of his Secu- rities, the execution shall issue against the survivors, and the legal representatives of the deceased. 13. Sec. IV. The comptroller general shall not in future approve any warrant unless the same is legally chargeable to the fund upon which it is drawn. 14. Sec. V. All tax collectors who shall fail to pay over the tax which he was appointed to collect immediately after it becomes due, shall pay twenty per cent. per annum on the amount thereof until paid, which rate of interest shall be set forth in the face of the execution which may be issued against him and his securities. 15. Sec. VI. Whenever any execution or executions against a public debtor are placed in the hands of any sheriff or his deputy for collection, it shall be his duty to make a return thereon to the attorney or solicitor general of the circuit in which he lives, within three months, and upon failure to do so, the attorney or solicitor general is hereby required to obtain a rule at the superior court next after the expiration of the three months, against the said sheriff or his deputy, requiring him to show cause why the money has not been collected, and if col- lected, why it has not been paid over; and should it appear that the money has been collected and detained longer than the time prescribed by this act, then the sheriff or his deputy shall pay twenty per cent. per annum on the amount so de- tained after a written demand by the solicitor or attorney. 16. Sec. VII. Whenever any public money shall have been collected by or paid over to the attorney or solicitors general, and they detain the same more than one month in their hands, they shall pay twenty per cent. per annum thereon until it is paid into the treasury. 17. Sec. VIII. If any tax collector elect shall proceed to collect the tax, or any part thereof, before he shall have given bond and taken the oath of office, he shall be liable to indict- ment, and upon conviction thereof, fined and imprisoned at the discretion of the court. 18. Sec. IX. The comptroller general, for, and in consi- deration of these additional services and duties, shall be enti- tled to receive, in the manner provided in the appropriation law, the additional salary of three hundred dollars per annum. * STATUTES, ENGLISH.—1823.—TAX.—1820. 327 Resolution of 24th November, 1825. P. 19. Resolved, That the treasurer who may be hereafter elected, shall give bond to his excellency the governor, with good and sufficient security, in the penalty of two hundred thousand dol- lars, for the faithful performance of the duties of his office. —CŞe—— STATUTES, ENGLISH. Resolution of 20th December, 1823. P. 210. Resolved by the General Assembly of the State of Georgia, That it is expedient that some fit and proper person should be appointed by the legislature, at its present session, to compile and digest the statute laws of England that are now of force in the State of Georgia, and whose duty it shall be, within two years, to report the same to his excellency the governor, who, after the same has been examined by a committee of three learned in the law, to be appointed by him for that purpose, shall approve or disapprove of the same, and who for their ser- vices shall be paid by the governor out of the contingent fund ; and when the said work shall be performed and approved, that his excellency the governor be, and he is hereby authorized to subscribe for two thousand copies, in convenient bound vo- lumes: Provided, the same does not exceed the price of four dollars per volume; to be disposed of and distributed as the legislature may direct. —eºe--- TAX. An Act to impose an additional Taa, on Proprietors or Exhibi- tors of Shows.-Passed 18th December, 1820. P. 3. , Proprietors 1. Sec. I. From and immediately after the passing of this ;...” pay a sum act, it shall and may be the duty of the justices of the inferior . court, justices of the peace, and the corporation officers of all ..."; cities, towns or villages within this State, or any one or more ºf of them, to exact and collect from all proprietors or exhibitors ; €X= ibit, 328 TAX.—1820. What done with the money. of shows, a sum not exceeding fifty, nor less than five dollars, for each and every day they shall exhibit shows of any kind within any corporation or county of this State. 2. Sec. II. All sums so collected within the limits of any corporation, shall be applied by the officers of such corpora- tion to such purposes as they may deem proper, within the limits of their official jurisdiction ; and all sums so collected by the justices of the inferior courts or justices of the peace, without the limits of any corporation, shall be appropriated to county purposes; which said fines and penalties shall be col- lected in the same manner as other fines and penalties are col- lected under the existing laws of this State. NotE.—All the tax acts from 1820 to 1829, inclusive, have reference to and revive the tax act passed in 1817, and all acts and parts of acts which that act revives, and all of which has reference to and revives the tax act passed in 1804, which is the principal tax act now of force in Georgia; which may be seen in Prince's Digest, p. 488, and the act of 1817, ib. p. 508: however, there are many amendments, passed at different ses- sions of the legislature, from 1820 to 1829, which are here inserted. The following syllabus will show or give reference to the different acts, in the order they were passed, and what acts they revived and continued in force. Acts of 1820, p. 81—1821, p. 87–1822, p. 135—amend and continue in force the act of 1817, and all acts and parts of acts that that act revives, which is principally the act of 1804. Act of 1823, p. 201. 203, revives act of 1822, and all acts and parts of acts which that revives. Act of 1824, p. 127, revives and continues in force the act of 1823, &c. Act of 1825, p. 171, revives and continnes in force the act of 1824. Act of 1826, p. 165, revives and continues in force the act of 1824. Act of 1828, p. 144, revives and continues in force the act of 1825. Act of 1829, p. 178, revives and continues in force the act of 1825. TAX.—1820. 329 An Act to raise a Taz for the Support of Government for the year 1821.-Passed 21st December, 1820. P. 81. 3. Sec. I. That the act passed 19th December, 1817, enti-ſºº, tled, “An act to raise a tax for the support of government for º: it revives or the political year 1818,” except so far as relates to the tax on ...; change bills and bills issued by unchartered banks, which said :: * change bills and bills issued by unchartered banks, shall pay ..."; thirty-one and a quarter cents for each hundred dollars issued : and in circulation;" together with all acts and parts of acts * which said act revives or continues, be, and the same are hereby continued in force for and during the political year eighteen hundred and twenty-one. Sec. II. [Authorizes a tax of thirty-one and a quarter cents on every hundred dollars value of stock operated upon or em- ployed within this State by the president, directors and com- pany of the Steamboat Company of Georgia, and directs how it is to be given in and collected. Obsolete, said company having surrendered their charter to the State.] 4. Sec. III. That so much of the act to raise a tax for the Wºº, support of government, for the political year 1818, as is neces- 'gree. sary to carry into full and complete effect any part of this act, be, and the same is hereby declared in full force and power, any law to the contrary notwithstanding. 5. Sec. IV. That ahl and every person and persons, who ;: shall, after the passage of this act, sell a lottery ticket or lottery ºn. tickets within this State, without the authority of the State, by an act of the legislature for that purpose first had and obtain- ed,” shall keep a fair and correct account of the number of lottery tickets so sold, and of the price or sum for which they may have been sold, and annually make due return thereof. upon oath, at the time required for the return of taxable pro- perty, to the receiver or receivers of tax returns of the respec- tive counties within which such lottery ticket or tickets may have been sold, and shall pay the sum of twenty-five per cen- to pay as tum on the amount of the price for which such lottery ticket or "“ tickets may have been sold, to the tax collector of the proper county, for the use of the State; and on failure to keep such on ſailing to account or make such return as aforesaid, the said person or §." persons shall forfeit and pay the sum of five hundred dollars to *** *-* * See act of 1830, p. 201, on the subject of vendors of lottery tickets and issuers of change bills. 42 330 TAX.—1821, 1822. the tax collector of the county within which such lottery ticket or tickets may have been sold, to be recovered (if not paid at the time that other taxes are) by execution and sale of the individual and joint property, either of such person or per- sons, as prescribed by law in cases of other executions of tax collectors.” Taac Act of 1821. P. 87. Sec. I. [A transcript of the first section of the tax act of 1820.] i... ." 6. Sec. II. The like sum of thirty-one and a quarter cents collected on ...," shall be levied and collected after the first day of January next, ::::::" upon every hundred dollars value of stock, owned by any indi- ..ºn vidual of this State, in the Bank of the United States: Pro- i. #; vided, nothing herein contained shall be so construed as to Froviso." require the auctioneers of Darien and St. Mary's to pay more than twenty-five dollars. º 7. Sec. III. So much of this act as relates to taxing the fºr real capital stock of the office of discount and deposit of the Bank of the United States, passed the nineteenth December, eighteen hundred and seventeen be, and the same is hereby repealed. Taac Act of 1822. P. 135. Sec. I. [Transcript of first sections of act of 1820 and 1821.] Sec. II. [Transcript of second section of act of 1821.] Sec. Ilſ. [Transcript of third section of act of 1821.] person giv. 8. Sec. TV. All and every person making return of tax- º' able property, may, at the time of taking the oath prescribed ::::::::::: by law, make an exception of such property as they on their perty. oath believe to have been or will be returned by some other person. The amount 9. Sec. V. The tax collector's bonds in the several coun- §:" ties in this State, shall be taken for at least double the amount where re. of the tax the said county is liable to pay, which bond shall be corded. recorded in the clerk's office of the inferior court, who shall clerk's ſee, receive from said tax collector, for such services, the sum of one dollar. 10. Sec. VI. When the original bond may be lost or other- -** * But see section 14, on this subject. TAX.—1823. 331 wise mislaid, a copy of said bond, certified by the clerk to be ºn a true copy, shall be held good in the place of the original. ::::::: copy may do. Taac Act of 1823. P. 201. Sec. I. [Revives and continues in force the tax act of 1822.] 11. Sec. II. One half of the tax of each county so directed . to be levied, shall be paid into the treasury of the State as :::::::: heretofore, and the other half to the inferior courts of the re- ...’ spective counties, for county purposes, to be appropriated by said courts to the building of court houses and jails, to the building of bridges, the improvement of public roads, and the education of youth, as the said courts respectively may deem most expedient. 12. Sec. III. All moneys collected and paid into the clerk's flºº. office of the several courts of this State on account of taxes as . .” heretofore collected from the insolvent list be authorized by tºa. law, shall be vested in and become a part of the county funds. An Act to repeal a part of an act, entitled, an Act to raise a Taac for the support of Government, for the year eighteen hundred and five, passed December twelfth, eighteen hundred and four.” —Passed 20th December, 1823. P. 203. Whereas, a part of the second section of the act above re- º, ferred to, is injurious to the commercial interest of this State: *** 13. Sec. 1. From and immediately after the passing of this act so much of the said second section of the act above referred to, as imposes a tax of eighteen and three quarter cents on every hundred dollars worth of all wares, liquors, and merchan- dise sold, bargained, or trafficked for by factors and brokers, be and the same is hereby repealed. * For this repealed part see Prince's Digest, p. 491. 332 TAX.—1824. Lottery of fices prohi- bited, Exceptions. For a viola- tion of this act, shall pay a SUIII? I (3t exceeding 100 dols, for every ticket thus bought or sold. How recover- ed. Money to go to the free school fund. Magistrate and others’ duty in the premises. Gme half of the state tax to go to the counties for county pur- poses. Provision in favour of the counties of Upson and Ware. Sheriffs and constables’ duty in levy- ing and ad- vertising executions for taxes. An Act to prevent the establishment of Lottery Offices, and the sale of Lottery Tickets in the State of Georgia.-Passed 16th May, 1821. P. 13. [But see act of 1830, P. 201, on the subject of vendors of lottery tickets, and issuers of change bills.] 14, Sec. I. Immediately from and after the passing of this act, it shall be unlawful for any person or persons to establish or open an office for the purpose of selling or vending lottery tickets in the State, except in such lotteries as may be author- ized by the laws thereof; and any person or persons convicted of buying or selling any lottery ticket, or part or share of a lot- tery ticket, not authorized by the State, shall forfeit a sum not exceeding one hundred dollars for every ticket thus bought or sold, to be recovered by information or indictment in the Supe- rior court of the county where the said offence against this act may be committed; which amount to go to the benefit of the free school fund. And it is hereby enjoined on all magistrates, notary publics and other officers, to give information against all such as are found violating the provisions of this act. \ Taac Act of 1824. P. 127. Sec. I. [Revives the tax act of 1823.] 15. Sec. II. One half of each county so directed to be levied shall be paid into the treasury of the State as heretofore, and the other half to the inferior courts of the respective coun- ties for county purposes, to be appropriated by said courts to the building of court houses and jails, to the building of bridges, the improvement of public roads, and the education of youth, as the said courts respectively may deem most expedient: Provided, nothing contained in this act shall be so construed as to prevent the counties of Upson and Ware from receiving their propor- tionable part of the tax allowed the counties out of which the said Upson and Ware was formed, for the political year eigh- teen hundred and twenty-four, which distribution shall be made with due regard to the population of the counties of Upson and Ware and those out of which the said counties were formed. Sec. III. [Transcript of section third of tax act of 1823.] 16. Sec. IV. In all cases where execution shall be issued by tax collectors, and levied by any sheriff or deputy sheriff, or any constable on perishable property, the said sheriff or consta- ble shall advertise the same in three of the most public places TAX.—1825. 333 in the said district only, and be allowed the same fees as con- stables are authorized for levying executions. 17. Sec. V. The justices of the inferior court of Columbia county be, and they are hereby authorized and directed to pay over to the commissioners or trustees of the academy of the county aforesaid five hundred dollars, out of the moiety of the general taxes collected in the aforesaid county for the year eighteen hundred and twenty-four, and which is directed by law to be paid by the collector to the justices of the inſerior court for county purposes, for the purpose of enabling the com- missioners or trustees of the academy aforesaid to repair the edifice erected near Columbia court house as the county aca- demy. 18. Sec. VI. The justices of the inferior court of the county of Richmond be required to pay out of the State tax so reserv- ed for county purposes to the managers of the free school, in- corporated by an act of the legislature in the year eighteen hundred and twenty-one, the sum of one thousand dollars annu- ally, for the use of said free school, so long as one half of the taxes shall be reserved for said county; and that the justices of the inferior court of the county of Chatham, be, and they are hereby authorized to pay over to the directresses of the Savan- nah free school the sum of five hundred dollars out of the one half of the general tax of eighteen hundred and twenty-four, directed to be paid by the collectors to the said justices of the inferior court for county purposes, to be applied by the said di- rectresses to the use of said free school. Taac Act of 1825, P. 171. Sec. I. [Revives act of 1824.] Sec. Il. [Transcript of second section of tax act of 1824, except that part which relates to the counties of Upson and Ware.] 19. Sec. III. From and after the passage of this act all Their fees. The J. I. C. of Columbia county to pay over 500 dols. for the use of the academy at the court house. The J. I. C. of Richmond county to pay over 1000 dis. annually for the use of the free school. The J. I. C. of Chatham county to pay over 500 dols. for the use of the free school in Savannah. Certain per- sons exempt free white male persons of sixty years of age and upwards shall ºws be and they are hereby exempt from paying poll tax. Sec. IV. [Transcript of the fifth section of tax act of 1824.] 334 TAX.—1826. One half of the state tax reserved to the counties for county purposes. What paid over to the Madison Academy in Morgan county. 31 1-4 cents tax on every 100 dols. employed by a broker. How return- ed and col- lected. How returns are to be made to the receivers. On failure to make such return, what shall be the collector’s duty. Tax Act of 1826. P. 165. Sec. 1. [Revives tax act of 1824.] 20. Sec. II. One half of the tax of each county so direct- ed to be levied, shall be paid into the treasury of this State as heretofore, and the other half to the inferior courts of the re- spective counties for county purposes, to be placed by them in the hands of the county treasurer for safe keeping, to be appro- priated by said courts to the building of court houses and jails and to the building of bridges, the improvement of public roads, for the support of the poor, and the education of youth, as the said courts may deem respectively most expedient, any law, usage, or custom, to the contrary notwithstanding. 21. Sec. Ill. The justices of the inferior court of Morgan county be, and they are hereby authorized and directed to pay over to the trustees of Madison academy, in said county afore- said, one half of the moiety of the general tax collected in the aforesaid county for the year eighteen hundred and twenty- seven, and which is directed by law to be paid by the collector to the justices of the inferior court for county purposes, for the purpose of enabling the commissioners or trustees of the aca- demy aforesaid, to build an edifice in the town of Madison, as the county academy. 22. Sec. IV. A tax of thirty-one and a quarter cents shall be paid on every hundred dollars employed by exchange or money brokers in this State, to be returned and collected in the same manner as the tax now collected from merchants, shop- keepers, and others on their stock in trade. 23. Sec. V. When money or exchange brokers make their returns to receivers of returns of taxable property, they shall state on oath the probable average amount employed, or to be employed by them in the course of the year, and in the event of a failure to make such return, by any money or exchange broker before the digest shall have been delivered to the tax collector, it shall be the duty of the tax collector immediately to issue an execution against the goods and estate of such de- faulter, or against his person, as in the opinion of the tax col- lector may most certainly secure the payment of the sum of one thousand dollars, which is hereby declared to be the pe- malty incurred by a neglect to make such returns. Sec. VI. [Transcript of the fifth section of tax act of 1824.] TAX.—1828. 335 An Act to impose, levy, and collect a Taa, for the political year eighteen hundred and twenty-nine, on Property Real and Per- sonal, and to inflict penalties for neglecting or failing to com- ply with the provisions thereof; and also appropriating one half thereof to each county, of its own tax, for certain pur- poses therein expressed, to wit: for the improvement of public roads, bridges, &c. and to direct who shall be the holder of the one half reserved to each county, and for other purposes.— Passed 22d December, 1828. P. 144. ' 24. Sec. I. The act passed the eighteenth day of Decem- ber, eighteen hundred and twenty-five, together with all acts and parts of acts which said act revived and continued in force, shall be, and they are hereby declared to be revived and con- tinued in force, as the tax act for the political year eighteen hundred and twenty-nine. 25. Sec. II. The one half of the tax of each county so di- rected to be levied, shall be paid into the treasury of this State as heretofore, and the other half to the inferior court of the re- spective counties for county purposes, to be placed by them in the hands of the county treasurer, where there are treasurers, and where none, the clerks of the inferior court, for safe keeping, to be appropriated by said courts to the building of court houses and jails, and to the building of bridges, the improvement of pub- lic roads, and for the support of the poor, for the education of youth, as said courts may severally direct as most expedient; any law, usage, or custom, to the contrary notwithstanding. 26. Sec. Ill. All brokers, private bankers, or exchange merchants, or firm of brokers, private bankers, or exchange merchants, and their agents in this State shall, during the month of January, eighteen hundred and twenty-nine, rcspec- tively return on oath, to the receivers of tax returns of the re- spective counties of this State where he or they shall reside, or do business, the maximum amount of capital which he or they employ, or intend to employ in their said business, at any time during said year, and the said brokers, private bankers, or ex- change merchants, or firm of brokers, private bankers, or ex- change merchants, or their agents, shall pay a tax of ſorty cents on every hundred dollars of capital so returned, to be levied and collected by the tax collectors of the respective counties as in other cases: Provided, that in all cases under this section, where a firm shall be required to make a return as above spe- cified, that a return by one member for, and in behalf of the firm to which he belongs, shall be deemed sufficient. The tax act of 1825 and the acts it continued in force, &c. to be the tax act for 1829. One half of the state tax to be reserv- ed in the counties for county pur- poses. Brokers, private bank- ers, or ex- change mer- chants, &c. their duty in making re- turns to the receiver of tax retul'Ins. To pay 40 cents On evee ry 100 dols. A return of one for a firm deemed suf- ficient. 336 TAX.—1828. On failing to make such return, what shall be the duty of the receiver of tax returns. Penalty 5000 dols. Tax on lands, swamps, &c. on the Oc- mulgee and Flint rivers, east side of Chattahoo- chie. Same tax as the act of 1804 assessed on lands of the same quality on the Oconee. Oak and hickory land, and pine land in cer- tain places, how assessed. Both sides of the Chatta- hoochie, above the Alabama line, and west side Tugalo and Chattoo- ga above liawkins’ line, and all other oak and hickory land, and other lands, how assessed. One half the State tax re- served in the counties for county pur- poses. 27. Sec. IV. If any person or persons, (except the incor- porated banks of this State,) shall be ſound, after the first day of February next, and during said year of eighteen hundred and twenty-nine, doing the business of a broker, private banker, or exchange merchant, or as their agent, without having made the return required by the third section of this act, it shall be the duty of the receiver of tax returns for the county where said broker or brokers, exchange merchant or exchange merchants, or his or their agent or agents may reside, or do business, tº re- turn said broker or brokers, private banker or bankers, ex- change merchant or exchange merchants, or his or their agent or agents, as defaulters, who shall pay a tax for said year of five thousand dollars, to be levied and collected by the tax collector as in other cases, or by a capias ad satisfaciendum. 28. Sec. V. The tax on all high, river, swamp, and low grounds on the west side, and adjoining thereto of the river Oc- mulgee; also on both sides of the Flint river, and on the east side of the Chattahoochie, and the lands adjoining thereto, up to where the boundary line dividing this State and the State of Alabama, comes on said river, be the same assessment as, by the act of eighteen hundred and four, is levied on lands of the same quality on the Oconee river; and on all other oak and hickory land, and pine land lying between the rivers Ocmulgee, Flint and Chattahoochie, be the same assessment as in other counties in this State; and all the lands which lie on both sides of the Chattahoochie, above the corner specified above, to the head waters thereof; and on all the land which lies on the west side of the Tugalo and Chattooga rivers, above what is known as Hawkins’ line, and all other oak and hickory land, and other land of the third quality, which lies between the said rivers Tu- galo and Chattahoochie, shall be assessed as the lands on Tu- galo river, from the junction of Broad river with said Tugalo river, to the above described line; and all other mountainous land of the fourth or last quality, which lies between the said. rivers and the present Cherokee boundary line, and the line of the Alabama, shall be assessed at half a mill per acre. 29. Sec. Vl. The one half of the tax collected in each county for the political year eighteen hundred and twenty- eight, shall be paid into the treasury of the State as heretofore, and the other half shall be paid to the inferior courts of the re- spective counties for county purposes, to be disposed of as pro- vided for by the second section of this act. TAX.—1829. 337 An Act to impose, levy and collect a Taa, for the political year eighteen hundred and thirty, on Property, real and personal, and to inflict Penalties for neglecting or failing to comply with the provisions thereof—Passed 21st December, 1829. P. 178. 30. Sec. I. Be it enacted, &c. That the act passed the eighteenth December, eighteen hundred and twenty-five, toge- ther with all acts and parts of acts which said act revived and continued in force, shall be, and they are hereby declared to be revived and continued in force as the tax act for the po- litical year eighteen hundred and thirty. 31. Sec. II. All brokers, private bankers, or exchange mer- chants, or firm or firms of brokers, private bankers or exchange merchants, note shavers, and their agents, in this State, shall, on or before the first day of August next, return, on oath, to the receiver of tax returns of the respective counties of this State, where he or they shall reside or do business, the maxi- mum amount of capital which he or they have employed since the first day of January, eighteen hundred and thirty, or intend to employ in the said business during said year: and the said brokers, private bankers, or exchange merchants, or firm or firms of brokers, private bankers, or exchange merchants, and note shavers, or their agents, shall pay a tax of thirty-one and a fourth cents on every hundred dollars of capital so returned, to be levied and collected by the tax collectors of the respec- tive counties, as in other cases: Provided, that in all cases, under this section, where a firm shall be required to make a return, as above specified, that a return by one member for and in behalf of the firm to which he belongs, shall be deemed suf- ficient. 32. Sec. III. On all persons who have or may hereafter issue, or have in circulation, any change bill, or bills of any kind, issued or put in circulation without a charter, there shall be levied a tax of fifty per cent. on the amount issued and in circulation on the first of August in each year. 33. Sec. IV. Nothing in the above section shall be so con- strued as to alter or change the acts now in force relating to unchartered banks in this State, and imposing penalties for issuing change bills by private persons or associations. 34. Sec. V. If any person or persons, except the incorpo- * See note to sec. 3 and 14. The aets which the tax act, pass- ed in 1825, with all acts it revived, &c declared the tax act for 1830. Certain bro- kers, bankers, note shavers, &c. to make a return by the first day of August, 1830, on oath, the amounts em- ployed by them in their business, since the 1st January, 1830. Shall pay a tax of 31 1-4 CentS On eve- ry one hun- dred dollars employed by them. A return by one member of a firm (i.eemed suf- ficient, iº 50 per cent. on the amount of change bills.” Not to inter- fere with the laws on the subject of un- -chartered banks. 43 338 TAX.—1829. i.; rated banks of this State, shall be found, after the second day act. of August next, and during said year of eighteen hundred and thirty, doing the business of a broker, private banker, or ex- change merchant, or note shaver, or as their agent, without having made the return required by the second section of this Wºº, act, it shall be the duty of the receiver of tax returns for the .* county where said broker or brokers, private banker or bank- * ers, exchange merchant or merchants, or note shavers, or his or their agent or agents, may reside or do business, to return said broker or brokers, private banker or bankers, exchange merchant or merchants, or note shaver, or his or their agent or *:::::::::: agents, as defaulters, who shall pay a tax for said year of five :::::::::: thousand dollars, to be levied and collected by the tax col- * lector as in other cases, or by a capias ad satisfaciendum. one halfor 35. Sec. VI. One half of the tax of each county so directed the state tax retained in to be levied, shall be paid into the treasury of this State, as the county, tº be dispº heretofore, and the other half to the inferior court of the respec- ; tive counties, for county purposes, to be placed by them in the J. I. C. hands of the county treasurer, where there are treasurers, and where none, the clerk of the inferior court, for safe keeping, to be appropriated by said courts to the building court houses and jails, and to the building of bridges, the improvement of public roads, and for the support of the poor, and for the education of youth, as said courts may severally direct as most expedient, any law, usage or custom to the contrary notwithstanding. Justices of 36. Sec. VII. It shall be the duty of the justices of the the peace’s *...* peace in each captain's district in this State, to make a return ing returns e º ... to the receivers of tax returns of all persons liable to pay taxes :... in their respective districts, and that all laws making it the duty of captains of districts to make returns to the receivers' be, and the same is hereby repealed, NotE.-By acts of 1830, p. 200, tax reduced twenty-five per cent. UNIVERSITY,-1821. 339 UNIVERSITY. An Act to provide for the Permanent Endowment of the Univer- sity,” and to appropriate Moneys for the erection of a new Col- legiate Edifice at Athens.—Passed 21st December, 1821. P. 69. 1. Sec. I. The permanent endowment of the University shall consist of a sum of not less than eight thousand dollars per annum; and that when it shall so happen that the dividends furnished by the bank stock granted to the university, shall not be equal to the sum aforesaid, the treasurer of this State is re- quired to make up the deficiency, semi-annually, out of any moneys in the treasury not otherwise appropriated. 2. Sec. II. The trustees of Franklin College be, and they are hereby authorized and empowered to collect and retain the sum of ten thousand dollars, from the fund arising from the sale of fractional surveys, previous to the year eighteen hundred and twenty-one; and for this purpose the governor, treasurer, and solicitor general of the Ocmulgee circuit, are required to afford all the information and aid in their power to such agent or attorney as the said trustees may appoint. 3. Sec. III. The treasurer of this State be, and he is hereby required, to pay to the treasurer of the university, the sum of fifteen thousand dollars, out of the first moneys which may be paid into the treasury for and on account of the purchases made at the sale of the university lands; which said two sums last mentioned shall be applied, under the direction of the said trustees, to the building of a new collegiate edifice at Athens. 4. Sec. IV. All laws and parts of laws militating against this act, be and the same are hereby repealed. Q * By acts of 1830, p. 4, there was eleven additional trustees appointed for the University ; $6000 annually appropriated as a permanent endowmerit. The J. I. C. of each county to select a poor young man, from 15 to 18 years of age, to be educated at the institution. Endowment to the Uni- versity 8,000 dols, per a lºtl ITR a When the bank stock not sufficient, to be paid out of the treasury. The trustees to collect certain mo- Ileys. The governor and others to aid in the collection. The treasurer of the state to pay to the treasurer of the Univer si- ty 15,000 dols. on the sale of the Universi- ty lands. New colle- giate edifice to be built. 340 UNIVERSITY.-1822, 1823. 1825. Trustees to ask and re- ceive not ex- ceeding 10,000 dols. from the sale of fractions previous to 1821. The govern- or’s duty in issuing his warrant for the money. Solicitor #. neral of the Ocmulgee circuit’s duty in paying over money in his hands. Members of the trustees vacated on certain con- ditions. An Act explanatory of an Act, passed on the 21st December, 1821, [the foregoing], providing for the Permanent Endow- ment of the University, and appropriating Moneys for the erection of a new Collegiate Edifice at Athens.—Passed De- cember 19th, 1822. P. 9. 5. Sec. I. That the before recited act be so construed as to authorize the trustees of the university to ask and receive any sum or sums of money which may have been collected since the passage of said act, not exceeding ten thousand dollars, from the fund arising from the sale of fractional surveys pre- vious to eighteen hundred and twenty-one. 6. Sec. II. The governor be, and he is hereby authorized and required to issue his warrant on the treasury for said col- lections, not exceeding ten thousand dollars, if the same have been paid into the treasury, and if not, the solicitor general of the Ocmulgee circuit is directed to pay to said trustees any collections made by him and now in his hands, not exceeding the amount appropriated from said fund by the before recited act. An Act to vacate the seats of Members of the Board of Trustees of the University of Georgia, in certain cases.—Passed 17th December, 1823. P. 205. 7. Sec. I. From and after the passing of this act, if any member of the board of trustees of the University of Georgia, being within this State, shall ſail to attend at any two succes- sive stated meetings of the board, his seat as a member thereof shall become thereby vacant, unless he render an excuse, the sufficiency whereof shall be determined by the board. @ An Act declaring the manner in which the Surveys of the Uni- versity Lands, dividing them into lots for the purpose of sale, according to the Act of the General Assembly, passed on the sixteenth of December, eighteen hundred and fifteen, shall be authenticated.—Passed 24th December, 1825. P. 114. Whereas, pursuant to authority vested in the trustees of the University of Georgia, by an act of the general assembly of this State, passed on the sixteenth day of December eighteen hun- dred and fifteen, the said trustees did cause the several tracts of land then belonging to the University to be surveyed and UNIVERSITY.-1825. 341 divided into lots for the purpose of sale, according to the direc- tions of said act: And whereas, in some cases the maps of such surveys and division into lots have been recorded without being authenticated by the oath of the surveyor or surveyors who made the same, and in other cases such maps and division into lots have been lost without being recorded, whereby the purchasers of such lands have been put to great inconvenience in establishing the locality and boundaries of the several lots, purchased by them: For remedy whereof, 8. Sec. I. In all cases where any of the maps of the survey and division of the University lands into lots for the purpose of sale, according to the authority of the before recited act, shall have been preserved and recorded either in the office of the clerk of the superior court, or of the county surveyor of the county where such lands are situated, such original map or re- cord thereof shall be admitted as evidence of the locality and original boundaries of the several lots of land thereon designa- ted in the several courts of law and equity in this State: Pro- vided, that the original map or maps or the record thereof shall be authenticated by the affidavit of one or more of the survey- ors who made the same, to be taken before any judge of the superior court, or justice of the inferior court of the county where the lands are situated (and which affidavit shall be re- corded in the same office with such map) in the following form: Georgia, County: I, — do solemnly swear, that according to the best of my knowledge, recollection and belief, the above map (or in case the same is recorded the above record of a map) contains a true representation of the survey and division into lots of a tract of land situated on the waters of in the county of originally belonging to the trustees of the University of Georgia, made by me for the purpose of sell- ing the same according to authority vested in the said trustees by an act of the general assembly of this State, passed on the sixteenth day of December, eighteen hundred and fifteen. 9. Sec. II. In all cases where such original maps have been lost without being recorded the governor or the board of trustees of the University shall be, and hereby is authorized to employ the person or persons, (to wit, Hezekiah Luckie and Thomas Mitchell) who originally surveyed and divided into lots the University lands for the purposes of sale as aforesaid, Certain re- cords of plots deemed good evidence. Must be au- thenticated by the oath of One OT In Ore of the sur- veyors. Form of the oath. Where the original is lost, a dupli- cate to be made out by H. Luckie and Thomas Mitchell. 342 USURY. —1822. Duplicate to be recorded. to make a duplicate map or maps of such survey and division into lots, either from their field notes if preserved, or if not, by actual resurvey (giving twenty days notice of each resurvey by advertisement at the most public place on or near the lands to be resurveyed, and such duplicate map or maps so made shall be authenticated by the affidavit of the surveyor making the same, according to the directions of the first section of this act, and recorded in the office of the clerk of the superior court of the Expenses to be paid out of the pro- ceeds of the sale of the University lands. Principal due on a usu- rious con- tract recove- rable and no Ill Oree County where the lands are situated, after which the said map or maps or the record thereof, shall be received and admitted in the several courts of law and equity in this State as evidence of the boundaries and locality of the several lots of land thereon designated. 10. Sec. III. The expenses to be incurred in the execu- tion of this act shall be paid out of the proceeds of the sales of the University lands received or to be received in the treasury of this State. ——éSe—— USURY. An Act to aller and amend an act entitled, an Act for Reducing the Interest of Money in this Province, passed March twenty- seventh, seventeen hundred and fifty-nine,” so far as relates to wsurious contracts.-This act passed 23d December, 1822. P. 139. 1. Sec. I. All contracts, bonds, notes, and assurances whatsoever, made after the passage of this act, for the payment of any principal or money, goods, wares, or merchandise, or other commodities whatsoever, to be lent, covenanted to be performed upon, or for any usury, whereupon or whereby there shall be reserved or taken above the rate of eight per centum per annum, shall not be void, but the principal due thereon shall be recoverable at law and no more. 2. Sec. II. No forfeiture shall be incurred by any person who may hereafter reserve or take more than eight per cent. per annum upon any contract as contemplated in the first sec- tion of this act, any law, usage or custom to the contrary not- No forfeiture for reserving or taking more than 8 per cent. withstanding. * See Prince's Digest, P. 199. TAWS OF THE UNITED STATES. —CŞe— ALIENS. An Act to establish an uniform rule of Naturalization, and to . repeal the Acts heretofore passed on that subject.—This act passed 24th April, 1802. Ingersoll's Digest, P. 21. 1. Sec. I. Any alien, being a free white person, may be ad- mitted to become a citizen of the United States, or any of them, on the following conditions, and not otherwise: •a ºn war, 13 First, That he shall have declared, on oath or affirmation, Wºº- be made, and before the supreme, superior, district, or circuit court, of some when: one of the States, or of the territorial districts of the United What l States, or a circuit or district court of the United States, three must swear in his appli- years, at least, before his admission, that it was, bona fide, his cation. intention to become a citizen of the United States, and to re- nounce for ever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, whatever, and particularly by name, the prince, potentate, state, or sovereignty, whereof such alien may, at the time, be a citizen or subject. At the time Secondly, That he shall, at the time of his application to be ºppºign to be admit- admitted, declare, on oath or affirmation, before some one of tº: shall further the courts aforesaid, that he will support the constitution of the * United States, and that he doth absolutely and entirely re- nounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty, whatever, and particu- larly by name, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Thirdly, That the court admitting such alien shall be satis- :::::: g º * isfied that he fied that he has resided in the United States five years, at least, . and within the State or territory where such court is at the ºl in the state 1 time held, one year at least; and it shall further appear, to their jº, satisfaction, that, during that time, he has behaved as a man ºat of good moral character, attached to the principles of the con- ºcca moral cha- stitution of the United States, and well disposed to the good º, . order and happiness of the same: Provided, that the oath of tº ... not allowed the applicant shall in no case be allowed to prove his resi-ji. dence. TeSidence, Fourthly, That in case the alien, applying to be admitted 344 LAWS OF THE UNITED STATES. To make a renunciation of any here- ditary title or order of no- bility. To be record- ed in court. Not to be admitted under cer- tain condi- tions, or at certain times. If here be- fore the 29th January, 1795, may be admitted on proof of two years’ resi- dence under the jurisdic- tion of the U.S. and one in the State where he applies. His oath. Must appear to the court that during that time he has behaved as a man of good moral character, &c. Must re- nounce any hereditary title or order of mobility. Proceedings to be record- ed. Any alien re- siding in the U. S. at any time between the 29th January, 1795 and the 18th June, 1798, may within two years after the passage of this act, be admitted to become a citizen, with- out comply- ing with the first condi- tion above specified. to citizenship, shall have borne any hereditary title, or been of any of the orders of mobility, in the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility, in the court to which his application shall be made, which renunciation shall be recorded in the said court: Provided, that no alien who shall be a native, citizen, denizen, or subject of any coun- try, state, or sovereign, with whom the United States shall be at war, at the time of his application, shall be then admitted to be a citizen of the United States: Provided, also, that any alien who was residing within the limits, and under the juris- diction, of the United States, before the twenty-ninth day of January, one thousand seven hundred and ninety-five, may be admitted to become a citizen, on due proof made to some one of the courts aforesaid, that he has resided two years, at least, within and under the jurisdiction of the United States, and one year, at least, immediately preceding his application, within the State or territory where such court is at the time held; and on his declaring on oath, or affirmation, that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, whatever, and particularly by name, the prince, potentate, state, or sove- reignty, whereof he was before a citizen or subject; and, more- over, on its appearing to the Satisfaction of the court, that, during the said term of two years, he has behaved as a man of good moral character, attached to the constitution of the Uni- ted States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, on his moreover making in the court an express re- nunciation of his title or order of nobility, before he shall be en- titled to such admission: all of which proceedings, required in this proviso to be performed in the court, shall be recorded by the clerk thereof: And provided also, that any alien who was residing within the limits, and under the jurisdiction, of the United States, at any time between the said twenty-ninth day of January, one thousand seven hundred and ninety-five, and the eighteenth day of June, one thousand seven hundred and ninety-eight, may, within two years after the passing of this act, be admitted to become a citizen, without a compliance with the first condition above specified. 2. Sec. II. All free white persons, being aliens, who may ALIENS.—1802. 345 All arriving arrive in the United States after the passing of this act, shall, . pas- in order to become citizens of the United States, make registry and obtain certificates in the following manner, to wit: every person desirous of being naturalized shall, if of the age o twenty-one years, make report of himself; or if under the age of twenty-one years, or held in service, shall be reported by his parent, guardian, master, or mistress, to the clerk of the district Court of the district where such alien or aliens shall arrive, or to Some other court of record of the United States, or of either of the territorial districts of the same, or of a particular State; and such report shall ascertain the name, birthplace, age, na- tion, and allegiance of each alien, together with the country whence he or she migrated, and the place of his or her intended settlement: and it shall be the duty of such clerk, on receiving such report, to record the same in his office, and to grant to the person making such report, and to each individual concerned therein, whenever he shall be required, a certificate, under his hand and seal of office, of such report and registry; and for re- ceiving and registering each report of an individual or family, he shall receive fifty cents; and for each certificate, granted pursuant to this act, to an individual or family, fifty cents; and such certificate shall be exhibited to the court by every alien who may arrive in the United States, after the passing of this act, on his application to be naturalized, as evidence of the time of his arrival within the United States. 3. Sec. III. Every court of record, in any individual State, having common law jurisdiction, and a seal, and clerk or pro- thonotary, shall be considered as a district court within the meaning of this act; and every alien, who may have been na- turalized in any such court, shall enjoy, from and after the passing of this act, the same rights and privileges, as if he had been naturalized in a district or circuit court of the United States. 4. Sec. TV. The children of persons duly naturalized under any of the laws of the United States, or who, previous to the passing of any law on that subject by the government of the United States, may have become citizens of any one of the said States, under the laws thereof, being under the age of twenty- one years, at the time of their parents’ being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States; and the children of persons who now are, or have been citizens of the United States, shall, though born out of the limits and sage of this act : How they must apply if f 21 years of age. If under 21, application made by their parent, guardian, &c. What such report shall ascertain. Clerk’s duty on receiving such report. Clerk’s fee. Fee for each certificate. Certificate shown to the COul't. What courts may act in the naturali- zation of aliens. Certain per- sons declared citizens of the U. S. Certain other per- sons consid- ered citizens of the U. S. 44 346 LAWS OF THE UNITED STATES, The right of citizenshi shall not de- scend to per- sons, whose fathers never resided in the U. S. No person proscribed by any state, &c. shall be admitted without the consent of the legisla- ture of the state pro- scribing him, &c. Amy alien, &c. residing, in the U. S. at any time between the 18th June, 1798 and the 14th April, 1802, and continued such resi- dence, shall be admitted without comi- plying with certain re- quisites. Alien per- forming cer- tain requi- sites, and who may die before he is natu- ralized, his widow and children con- sidered citi- ZenS, The certifi- cate of re- port and re- gistry: and also a certificate from the proper clerk, or prothomo- tary, of the declaration of intention, shall be ex- hibited. jurisdiction of the United States, be considered as citizens of the United States: Provided, that the right of citizenship shall not descend to persons whose fathers have never resided within the United States: Provided also, that no person heretofore pro- scribed by any State, or who has been legally convicted of hav- ing joined the army of Great Britain during the late war, shall be admitted a citizen, as aforesaid, without the consent of the legislature of the State in which such person was proscribed. 5. Sec. V. All acts heretofore passed respecting naturaliza- tion, are hereby repealed. An Act in addition to an Act, entitled, “an Act to establish an wniform rule of Naturalization, and to repeal the Acts hereto- fore passed on that subject.”—Passed March 26th, 1804. In- gersoll's Digest, P. 23. 6. Sec. I. Any alien, being a free white person, who was residing and within the limits and under the jurisdiction of the United States, at any time between the 18th day of June, 1798, and the 14th day of April, 1802, and who has continued to reside within the same, may be admitted to become a citi- Zen of the United States, without a compliance with the first condition specified in the first section of thc act, entitled, “an act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on the subject.” 7. Sec. II. When any alien, who shall have complied with the first condition specified in the first section of said original act, and who shall have pursued the directions prescribed in the second section of the said act, may die before he is actually naturalized, the widow and children of such alien, shall be considered as citizens of the United States; and shall be enti- tled to all the rights and privileges as such, upon taking the oaths prescribed by law. Act of March 22d 1816. Ing. Dig. P. 24. 8. Sec. l. The certificate of report and registry, required as evidence of the time of arrival in the United States, accord- ing to the second section of the act of the fourteenth of April, one thousand eight hundred and two, entitled, “an act to es- tablish an uniform rule of naturalization, and to repeal the acts heretofore passed on this subject;” and also a certificate from the proper clerk or prothonotary, of the declaration of inten- tion, made before a court of record, and required as the first ALIENS.—1816. 347 condition, according to the first section of said act, shall be ex- hibited by every alien on his application to be admitted a citi- Zen of the United States, in pursuance of said act, who shall have arrived within the limits, and under the jurisdiction of the United States, since the eighteenth-day of June, one thousand eight hundred and twelve,and shall each berecited at full length, And shall in the record of the court, admitting such alien; otherwise i. ºil he shall not be deemed to have complied with the conditions . COurt. requisite for becoming a citizen of the United States, and any º pretended admission of an alien, who shall have arrived within lidity. the limits and under the jurisdiction of the United States, since the said eighteenth day of June, one thousand eight hundred and twelve, to be a citizen after the promulgation of this act, without such recital of each certificate at full length, shall be of no validity or effect under the act aforesaid. 9. Sec. II. Nothing herein contained shall be construed to fºil exclude from admission to citizenship, any free white person ; who was residing within the limits and under the jurisdiction of the United States at any time between the eighteenth day of June, one thousand seven hundred and ninety-eight, and the fourteenth day of April, one thousand eight hundred and two, and who, having continued to reside therein without having made any declaration of intention before a court of record as aforesaid, may be entitled to become a citizen of the United States according to the act of the twenty-sixth of March, one thousand eight hundred and four, entitled “an act in addition to an act, entitled “an act to establish an uniform rule of natu- ralization, and to repeal the acts heretofore passed on that sub- ject.” Whenever any person without a certificate of such Aºn declaration of intention, as aforesaid, shall make application to jºch be admitted a citizen of the United States, it shall be proved sº must to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States, before the fourteenth day of April, one thousand eight hundred and two, and has continued to reside within the same, or he shall not be so admitted. And the residence of the applicant Residence, within the limits and under the jurisdiction of the United States, how proved. for at least five years immediately preceding the time of such application, shall be proved by the oath or affirmation of citi- zens of the United States; which citizens shall be named in the record as witnesses. And such continued residence within Ifthe neces. sary proof be the limits and under the jurisdiction of the United States, when jºº satisfactorily proved, and the place or places where the appli- admitted. cant has resided for at least five years, as aforesaid, shall be 348 LAWS OF THE UNITED STATES. stated and set forth, together with the names of such citizens in the record of the court admitting the applicant: otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. NoTEs.--An American citizen residing in a foreign country, may acquire the commercial privileges attached to his domicil; and by making himself the subject of a foreign power, he places himself out of the protection of the United States, while within the territory of the new sovereign to whom he has sworn alle- giance. 2 Cranch, 64. Whether a citizen of the United States can divest himself of that character, otherwise than in such manner as may be pre- scribed by law Ibid. Whether by becoming the subject of a foreign power, he is rescued from punishment for a crime against his allegiance to the United States. Ibid. The courts of the United States have not jurisdiction, when all the parties are aliens. 4 Cranch, 46. A person born in England before 1775, and who always re- sided there and never was in the United States, is an alien, and could not in 1793 take lands in Maryland by descent. 4 Cranch, 321. The oath of naturalization when taken, confers the right of a citizen ; it is not necessary that there should be an order of court admitting the alien to become a citizen. 6 Cranch, 176. Children of persons naturalized before April 14th, 1802, un- der age at the time of their parents’ naturalization, were, if dwelling in the United States on the 14th April, 1802, to be considered as citizens of the United States. 6 Cranch, 177. An alien enemy may take lands in Virginia by devise, and hold the same until office found. 7 Cranch, 603. If the plaintiff become an alien enemy after judgment below, it is no objection to affirmance in the supreme court. 9 Cranch, 180. Under the constitution of the United States, the powers of naturalization is exclusively in Congress. 2 Wheaton, 259.269. Alien enemy may take lands by purchase, though not by descent; whether by grant or devise. 3 Wheaton, 14. Title thus acquired, is not divested until office found. Ibid. Treaty of 1794, relates to lands then held by British sub- jects, not to after acquired lands. The 9th article protects the title of the British devisee, whose estate had not previously PRESIDENT AND VICE PRESIDENT.—1792. 349 been devested by inquest of office or some equivalent proceed- ing. Ibid. and 4 Wheaton, 453. An alien may take an estate in lands by the act of the parties, as by purchase, but he cannot take by the act of the law, as by descent. Where a person dies leaving issue who are aliens, they are not deemed his heirs in law; but the estate descends to the next of kin who have inheritable blood, in the same manner as if no such alien issue were in existence. Ibid. An alien enemy cannot sustain a suit in the courts of the United States. 1 Gallison, 366. There is no legal difference as to the plea of alien enemy between a corporation and an individual. 2 Gallison, 105. —eSºe—— PRESIDENT AND WICE PRESIDENT. Act of March 1, 1792. Ingersoll, 699. 1. Sec. I. Except in case of an election of a president and Elections for electors of vice president of the United States prior to the ordinary period, president and g & º * vice-presi- as hereinafter specified, electors shall be appointed in cach ºn State for the election of a president and vice president of the tº United States, within thirty-four days preceding the first Wed- º nesday in December, one thousand seven hundred and ninety-º" tº Yº ſº; ſº º ithin 34 two, and within thirty-four days preceding the first Wednes- ºed. se * tº ing the 1st day in December in every fourth year succeeding the last widºday g g in Dec. in election, which electors shall be equal to the number of sena- everyºth d year suceeed- tors and representatives to which the several States may, by iºns: election. law, be entitled at the time when the president and vice presi- Whº: ber of elect- dent, thus to be chosen, should come into office: Provided ºn “” State. always, that where no apportionment of representatives shall ...” tionment, then what have been made after any enumeration, at the time of choosing . electors, then the number of electors shall be according to the existing apportionment of senators and representatives. 2. Sec. II. The electors shall meet and give their votes on Theºlºtºs to meet and the said first Wednesday in December, at such place, in each ... votes on the State, as shall be directed by the legislature thereof; and the jº" electors in each State shall make and sign three certificates of ..na sign 3 cer- all the votes by them given, and shall seal up the same, certi- ja fying, on each, that a list of the votes of such State, for presi. ºf dent and vice president, is contained therein, and shall, by writing, under their hands, or under the hands of a majority of 350 LAWS OF THE UNITED STATES. *::::::: * them, appoint a person to take charge of, and deliver to the #.º. president of the senate, at the seat of government, before the §:...' first Wednesday in January, then next ensuing, one of the said ºw... certificates; and the said electors shall forthwith forward, by . - the post office, to the president of the Senate, at the seat of fºil government, one other of said certificates; and shall forthwith tº cause the other of said certificates to be delivered to the judge the district of that district in which the said electors shall assemble. Court. .." 3. Sec. Ill. The executive authority of each State shall to cause 3 ...he cause three lists of the names of the electors of such State to electors to be .** be made, and certified, and to be delivered to the electors on d delive- ſº g º ... or before the said first Wednesday in December; and the said lectors: º -> tº tºil electors shall annex one of the said lists to each of the lists of anmex one of ta them to each their VoteS. of their lists # at . * Sec. IV. If a list of votes from any State shall not have yºdº been received at the seat of government, on the said first arrive at the i.gº. Wednesday in January, then the secretary of state shall send vernment by ...” a special messenger to the district judge in whose custody such nesday in *...* list shall have been lodged, who shall forthwith transmit the secretary of ... same to the seat of government. Time of 5. Sec. W. Congress shall be in session on the second counting the *: lºor Wednesday in February, one thousand seven hundred and 3. ... ninety-three, and on the second Wednesday in February suc- ceeding every meeting of the electors, and the said certificates, or so many of them as shall have been received, shall then be opened, the votes counted, and the persons who shall fill the offices of president and vice president ascertained and de- clared, agreeable to the constitution. If there be 6. Sec. VI. In case there shall be no president of the Se- no president ... mate at the seat of government on the arrival of the persons government, É... intrusted with the list of the votes of the electors, then such *:::::::, persons shall deliver the lists of votes in their custody into the “ office of secretary of state, to be safely kept and delivered over, as soon as may be, to the president of the Senate. º: , 7. Sec.VII. The persons appointed by the electors to de- ºr liver the list of votes to the president of the senate, shall be allowed, on the delivery of the said lists, twenty-five cents for every mile of the estimated distance, by the most usual road, from the place of meeting of the electors to the seat of govern- r....... ment of the United States. ºf 8. Sec. VIII. If any person, appointed to deliver the votes returns and fºr of the electors to the president of the senate, shall, after accept- . ..." ing of his appointment, neglect to perform the services required PRESIDENT AND VICE PRESIDENT.-1792. 351 of him by this act, he shall forfeit the sum of one thousand dollars. 9. Sec. IX. In case of a removal, death, resignation, or inability, both of the president and vice president of the United States, the president of the Senate pro tempore, and in case there shall be no president of the Senate, then the speaker of the house of representatives, for the time being, shall act as presi- dent of the United States, until the disability be removed, or a president shall be elected. 10. Sec. X. Whenever the offices of president and vice pre- sident shall both become vacant, the secretary of state shall forthwith cause a notification thereof to be made to the execu- tive of every State, and shall also cause the same to be pub- lished in at least one of the newspapers printed in each State, specifying that electors of the president of the United States shall be appointed or chosen, in the several States, within thirty-four days preceding the first Wednesday in December, then next ensuing : Provided, there shall be the space of two months between the date of such notification and the said first Wednesday in December; but if there should not be the space of two months between the date of such motification and the first Wednesday in December, and if the term for which the president and vice president last in office were elected shall not expire on the third day of March next ensuing, then the secretary of state shall specify in the notification, that the elec- tors shall be appointed or chosen within thirty-four days pre- ceding the first Wednesday in December, in the year next ensuing, within which time the electors shall accordingly be appointed or chosen, and the electors shall meet and give their votes on the said first Wednesday in December, and the pro- ceedings and, duties of the said electors and others shall be pursuant to the directions prescribed in this act. 11. Sec. XI. The only evidence of a refusal to accept, or of a resignation of, the office of president or vice president, shall be an instrument in writing, declaring the same, and sub- scribed by the person refusing to accept, or resigning, as the case may be, and delivered into the office of secretary of state. 12. Sec. XII. The terms of four years for which a presi- dent and vice president shall be elected, shall, in all cases, commence on the fourth day of March next succeeding the day on which the votes of the electors shall have been given. In case of the vacancy of the presi- dent and vice-presi- dent, who shall act until an election can be had. In case of such vacancy the secretary of state shall, cause a noti- fication to be made to the governor of each state. Electors when to be appointed. Proviso., What shall be deemed as a refusal to accept, or a resignation of the office of president and vice-pre- sident. The 4th day of March shall be the time when the term which a pre- sident and vice-presi- dent were elected shall com- IIlen Cee 352 LAWS OF THE UNITED STATES. JUDICIARY. An Act to establish the Judicial Courts of the United States.— Passed 24th September, 1789. Ingersoll, 369, In what 1. Sec. 1X. The district courts shall have, exclusively of cases the dis- tº the courts of the several States, cognizance of all crimes shall have .* and offences, that shall be cognizable under the authority of the United States, committed within their respective dis- tricts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceed- Jºhatases ing six months, is to be inflicted; and shall also have exclusive eacelusive ori- 3. * original cognizance of all civil causes of admiralty and mari- time jurisdiction, including all seizures under laws of impost, navigation or trade, of the United States, where the seizures are made on waters which are navigable from the sea by ves- sels of ten or more tons burthen, within their respective districts, .# ** as well as upon the high seas, saving to suitors in all cases, the suitors a ‘....” right of a common law remedy, where the common law is com- remedy. ºr petent to give it: and shall also have exclusive original cogni- cases shall ..., zance of all seizures on land, or other waters than as aforesaid sive original * made, and of all suits for penalties and forfeitures, incurred un- In what..., der the laws of the United States; and shall also have cogni- cases cogni- *eºcur. Zance, concurrent with the courts of the several States, or the rent with #. ...ºf circuit courts, as the case may be, of all causes where an alien the several States. sues for a tort only, in violation of the law of nations, or a treaty And further of the United States. And shall also have cognizance, concur- cognizance concurrent, rent as last mentioned, of all suits at common law, where the United States sue, and the matter in dispute amounts, exclu- Exclusive sive of costs, to the sum or value of one hundred dollars: And jurisdiction jºin shall also have jurisdiction, exclusively of the courts of the se- veral States, of all suits against consuls, or vice consuls, except Wºl. for offences above the description aforesaid. And the trial of issues in fact, in the district courts, in all causes, except in civil causes of admiralty and maritime jurisdiction, shall be by jury. In what 2. Sec. X. The circuit court shall have original cognizance, cases the e º ºr: concurrent with the courts of the several States, of all suits of Shali have tº º • e originalºg: a civil mature, at common law, or in equity, where the matter mizance, con- º, in dispute exceeds, exclusive of costs, the sum or value of five the courts of ;." hundred dollars, and the United States are plaintiffs, or peti- tioners; or an alien is a party, or the suit is between a citizen JUDICIARY. — 1789. 353 of the State where the suit is brought, and a citizen of another State. And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdic- tion with the district courts, of the crimes and offences cogniza- ble therein. But no person shall be arrested in one district for trial in another, in any civil action, before a circuit, or district Court, and no civil suit shall be brought, before either of said courts, against an inhabitant of the United States, by any ori- ginal process, in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ; nor shall any district, or circuit court, have cogni- Zance of any suit, to recover the contents of any promissory note, or other chose in action, in favour of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, exceptin foreign bills of exchange. And the circuit courts shall also have ap- pellate jurisdiction from the district courts, under the regula- tions and restrictions hereinafter provided. 3. Sec. XI. If a suit be commenced in any State court against an alien, or by a citizen of the State in which the suit is brought against a citizen of another State, and the matter in dispute exceeds the aforesaid sum or value of five hundred dol- lars, exclusive of costs, to be made to appear to the satisfaction of the court, and the defendant shall, at the time of entering his appearance in such State court, file a petition for the removal of the cause for trial in the next circuit court, to be held in the district where the suit is pending, and offer good and sufficient Surety for his entering, in such court, on the first day of its ses- sion, copies of said process against him, and also for his there appearing, and entering special bail in the cause, if special bail was originally requisite therein, it shall then be the duty of the State court to accept the surety, and proceed no further in the cause; and any bail that may have been originally taken, shall be discharged; and the said copies being entered as aforesaid in such court of the United States, the cause shall there pro- ceed in the same manner as if it had been brought there by ori- ginal process. And any attachment of the goods or estate of the defendant, by the original process, shall hold the goods or estate so attached, to answer the final judgment, in the same manner as by the laws of such State they would have been holden to answer final judgment, had it been rendered by the 45 In what cases origi- nal cogni- Ząll Ce. Concurrent jurisdiction with the dis- trict coults. No person arrested in one district for trial in another. No civil suit to be brought against a person in any district but the one in which he lives, &c. In what cases the district court shall not have cogni- Zance. Exceptions. The circuit courts shall have appel- late jurisdic- tion from the distiict Courts. What suits may be re- moved from the state to the circuit courts of the United States, and how remov- ed Original bail to be dis- charged. Any attach- ment of the goods or es- tate to he answerable for final judgment, in conformity to the laws of the state where the suit com- menced. 354 LAWS OF THE UNITED STATES. Certain suits for land may be removed from the state to the circuit court, and how re- moved. What cases to be tried by a jury. In what cases the supreme court shall have exclu- sive jurisdic- tion. Original, but not exclusive jurisdiction. Further ex- clusive ju- risdiction. In other cases origi- mal, but not exclusive jurisdiction. Trials of is- sues of fact shall be by jury. Shall have appellate ju- risdiction from the circuit courts and the state courts in court in which the suit commenced. And if, in any action com- menced in a State court, the title of land be concerned, and the parties are citizens of the same State, and the matter in dis- pute exceeds the sum or value of five hundred dollars, exclu- sive of costs, the sum or value being made to appear to the satisfaction of the court, either party, before the trial, shall state to the court, and make affidavitif they require it, that he claims, and shall rely upon a right or title to the land, under grant from a State, other than that in which the suit is pending, and pro- duce the original grant, or an exemplification of it, except where the loss of public records shall put it out of his power, and shall move that the adverse party inform the court whether he claims a right or title to the land under a grant from the Statein which the suit is pending; the said adverse party shall give such infor- mation, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial; and if he informs that he does claim under such grant, the party claiming under the grant first men- tioned, may then, on motion, remove the cause for trial to the next circuit court, to be holden in such district, but if he is the defendant, shall do it under the same regulations as in the be- forementioned case, of the removal of a cause into such court by an alien, and neither party removing the cause, shall be allowed to plead, or give evidence of, any other title than that by him stated as aforesaid, as the ground of his claim. And the trial of issues in fact in the circuit courts shall, in all suits, except those of equity, and of admiralty and maritime jurisdic- tion, be by a jury. 4. Sec. XII. The Supreme court shall have exclusive juris- diction of all controversies of a civil nature, where a State is a party, except between a State and its citizens; and except also between a State and citizens of other States, or aliens, in which latter case it shall have original, but not exclusive jurisdiction: And shall have, exclusively, all such jurisdiction of suits or pro- ceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul or vice consul shall be a party. And the trial of issues in fact in the Supreme court, in all actions at law against citizens of the United States, shall be by jury. The supreme court shall also have appellate jurisdiction from the circuit courts, and courts of the several States, in the cases hereinafter specially provided for: and **ases shall have power to issue writs of prohibition to the district JUDICIARY.—1789. 355 May issue courts, when proceeding as courts of admiralty and maritime ... jurisdiction, and writs of mandamus, in cases warranted by the ..." to it’t courts, principles and usages of law, to any courts appointed, or per- ºr sons holding office, under the authority of the United States. " 5. Sec. XXII. Final decrees and judgments, in civil ac- ºnes determined tions in a district court, where the matter in dispute exceeds ...". court, may be the sum or value of fifty dollars, exclusive of costs, may be re- . or affirmed examined, and reversed or affirmed, in a circuit court, holden ... in the same district, upon a writ of error, whereto shall be an- #iº. nexed and returned therewith, at the day and place therein #. mentioned, an authenticated transcript of the record, and as- signment of errors, and prayer for reversal, with a citation to the adverse party, signed by the judge of such district court, or a justice of the supreme court, the adverse party having at least twenty days notice. And upon like process may final judg- Certain cases may be re- ments and decrees in civil actions, and suits in equity in a cir- eximined cuit court, brought there by original process, or removed there ; from courts of the several States, or removed there by appeal * from a district court, where the mattter in dispute exceeds the sum or value of two thousand dollars, exclusively of costs, be re-examined and reversed, or affirmed, in the supreme court, the citation being in such case signed by a judge of such circuit court, or justice of the supreme court, and the adverse party having at least thirty days notice. But there shall be no re-Noºyersal in either versal in either court on such writ of error, for error in ruling ºr any plea in abatement, other than a plea to the jurisdiction of the court, or such plea to a petition or bill in equity, as in the nature of a demurrer, or for any error in fact. And writs of error Writs ºf error to be shall not be brought but within five years after rendering or tº: passing the judgment or decree complained of, or in case the " person entitled to such writ of error be an infant, feme covert, Exceptions. non compos mentis, or imprisoned, then within five years as afore- said, exclusive of the time of such disability. And every jus- tice or judge, signing a citation on any writ of error as aforesaid, shall take good and sufficient security, that the plaintiff in error shall prosecute his writ to effect, and answer all damages and costs, if he fail to make his plea good. 6. Sec. XXIII. A writ of error as aforesaid, shall be a A writ of en ror shall supersedeas and stay execution, in cases only where the writ of ºp. sedeas in cer- error is served, by a copy thereof being lodged for the adverse ..." party in the clerk's office, where the record remains, within ten days, Sundays exclusive, after rendering the judgment or pass- ing the decree complained of: Until the expiration of which When execu. tions may term of ten days, executions shall not issue in any case where * 356 LA WS OF THE UNITED STATES. When a judgment or decree is re- versed, what the court must do. Supreme coult not to issue execu- tion in Cú U.SeS I’6” moved there by writ of el'l’Or, Where the execution must issue. A final judg- Inent Ol' decree in certain suits in the state courts, may be re- examined and reversed or affirmed in the supreme count, and how remov ed there ſor hearing. Supreme court may have final decision, and award exe- cution. a writ of error may be supersedeas; and where, upon such writ of error, the supreme or a circuit court shall affirm a judgment or decree, they shall adjudge or decree to the respondent in error just damages for his delay, and single or double costs at their discretion. 7. XXIV. When a judgment or decree shall be reversed in a circuit court, such court shall proceed to render such judg- ment, or pass such decree, as the district court should have ren- dered or passed; and the supreme court shall do the same on reversals therein, except where the reversal iš in favour of the plaintiff or petitioner in the original suit, and the damage to be assessed, or matter to be decreed, are uncertain, in which case they shall remand the cause for a final decision. And the su- preme court shall notissue execution in causes that are removed before them by writs of error, but shall send a special mandate to the circuit court, to award execution thereupon. 8. Sec. XXV. A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the va- lidity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exerciscq under any State, on the ground of their being repugnant to the constitution, treaties, or laws, of the United States, and the decision is in favour of such their va- vidity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or com- mission held under the United States, and the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party, under such clause of the said consti- stution, treaty, statute or commission, may be re-examined and reversed or affirmed in the supreme court of the United States, upon a writ of error, the citation being signed by the chief jus- tice, or judge, or chancellor, of the court, rendering or passing the judgment or decree complained of, or by a justice of the Supreme Court of the United States, in the same manner and under the same regulations, and the writ shall have the same effect, as if the judgment or decree complained of had been rendered or passed in a circuit court, and the proceeding upon the reversal shall also be the same, except that the supreme court instead of remanding the cause for a final decision, as be- fore provided, may, at their discretion, if the cause shall have been once remanded before, proceed to a final decision of the same, and award execution. But no other error shall be as- JUDICIARY. —1794. 357 signed or regarded as a ground of reversal, in any such case as aforesaid, than such as appears on the face of the record, and immediately respects the before mentioned questions of validity or construction of the said constitution, treaties, statutes, com- missions, or authorities, in dispute. 9. Sec. W. Writs of ne exeat, and of injunction, may be granted by any judge of a Supreme Court, in cases where they might be granted by the Supreme or a circuit court; but no writ of ne exeat shall be granted unless a suit in equity be commenced, and satisfactory proof shall be made to the court or judge granting the same, that the defendant designs quickly to depart from the United States; nor shall any writ of injunc- tion be granted to stay proceedings in any court of a State; nor shall such writ be granted in any case, without reasonable pre- vious notice to the adverse party, or his attorney, of the time and place of moving for the same. [Ingersoll, p. 385.] An Act to amend and explain the twenty-second section of the “Act establishing the Judicial Courts of the United States.— Passed 12th December, 1794. Ingersoll, P. 387. Whereas, by the twenty-second section of the act, entitled, “an act to establish the judicial courts of the United States,” it is provided, that “every justice or judge signing a citation on any writ of error, shall take good and sufficient security, that the plaintiff in error shall prosecute his writ to effect, and answer all damages and costs, if he ſail to make his plea good;” and whereas doubts haye ariscn as to the extent of the security to be required in certain cases: 10. Sec. I. Be it enacted and declared, &c. The security to be required and taken on the signing of a citation on any writ of error, which shall not be a supersedeas and stay execution, shall be only to such an amount as, in the opinion of the justice or judge taking the same shall be sufficient to answer all such costs as, upon an affirmance of the judgment or decree, may be adjudged or decreed to the respondent in error. Writs of ne exeat and injunction, may be granted by any judge of a supreme court in cer- tain cases, and upon certain show- ing. No injunc- tion to be granted to stay proceed- ings in any court of a State. Nor without notice to the adverse party. The amount of security to be required and taken, on the sign- ing of a cita- tion on any writ of error, which shall not be a su- persedeas and stay exe- cution, 358 LAWS OF THE UNITED STATES. The State or county courts to take cog- nizance of certain cases, The district attorneys to appoint an attorney to attend said cases, where they do not practise themselves or reside where the suit is to be commenc- ed: and the said attorney shall be SWOTIle The jurisdic- tion herein specified, shall be con- current with the district COurts, Process, pro- ceedings, judgment, and execu- tion not to be delayed, &c. by any such state law. Proviso. An Act to vest more effectually in the State Courts, and on the District Courts of the United States, jurisdiction in the cases therein mentioned.—Passed 3d March, 1815. Ingersoll, P. 415. 11. Sec. I. The respective State or county courts within or next adjoining a collection district, established by any act of congress now in being, or hereafter to be passed, for the collec- tion of any direct tax or intended duties of the United States, shall be and are hereby authorized to take cognizance of all complaints, suits, and prosecutions for taxes, duties, fines, pe- nalties, and forfeitures arising and payable under any of the acts passed, or to be passed, as aforesaid, or where bonds are given under the said acts; and the district attorneys of the United States are hereby authorized and directed to appoint, by war- rant, an attorney, as their substitute or deputy, in all cases where necessary to sue or prosecute for the United States, in any of the said State or county courts, within the sphere of whose jurisdiction the said district attorneys do not themselves reside or practise; and the said substitute or deputy shall be sworn or affirmed to the faithful execution of his duty. 12. Sec. II. The jurisdiction conferred by the foregoing section shall be considered as attaching, in the cases therein specified, without regard to the amount or sum in controversy, and that it shall be concurrent with the jurisdiction of the dis- trict courts of the United States; but may, nevertheless, be ex- ercised in cases where the fine, penalty, or forfeiture, may have been incurred, or the cause of action or complaint have arisen, at a less, as well as a greater, distance than fifty miles from the nearest place by law established for the holding of a district court of the United States. But in all suits or prosecutions instituted by, or on behalf of the United States in any State or county court, the process, proceedings, judgment, and execu- tion, therein shall not be delayed, suspended, or in any way barred or defeated, by reason of any law of any State, author- izing or directing a stay or suspension of process, proceedings, judgment, or execution: Provided, that final decrees and judg- ments in civil actions, passed or rendered in any State court by virtue thereof, may be re-examined in the circuit court of the United States, in the same manner, and under the same limita- tions, as are prescribed by the twenty-second section of the act to establish the judicial courts of the United States, passed the twenty-fourth of September, seventeen hundred and eighty-nine. MILITIA.—1792. * 359 13. Sec. Ill. The State or county court aforesaid, and the º: principal or presiding judge of any such court, shall be, and ...}} courts in the are hereby, authorized to exercise all and every power, in cases ..."..." remission of any fine, pe. cognizable before them by virtue of this act, for the purpose of . obtaining a mitigation or remission of any fine, penalty or for-º" feiture, which may be exercised by the judges of the district courts of the United States, in cases brought before them by virtue of the law of the United States, passed on the third of March, one thousand seven hundred and ninety-seven, entitled “an act to provide for mitigating or remitting the forfeitures, penalties, and disabilities, accruing in certain cases therein mentioned;” and in the exercise of the authority by this sec- tion given to the said State or county courts, or the principal presiding judge as aforesaid, they shall be governed, in every respect, by the provisions of the law last mentioned, with this difference only, that instead of notifying the district attorneys of the United States, the said courts, or the presiding judge as aforesaid, shall, before exercising said authorities, cause rea- sonable notice to be given to the substitute or deputy, who may have been appointed to sue or prosecute for the United States, as aforesaid, that he may have an opportunity of showing cause against the mitigation or remission of such fine, penalty, or for- feiture. 14. Sec. IV. The district courts of the United States shall The district courts shall have cognizance, concurrent with the courts and magistrates of . Zan Ce COll- the several States, and the circuit courts of the United States, ..." the courts of all suits at common law, where the United States, or any ...#. states and the officer thereof, under the authority of any act of congress, shall j g e º of the U. S. sue, although the debt, claim, or other matter in dispute, shall ºn not amount to one hundred dollars. C$1868 o ——eSe—— MILITIA. An Act more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States. —Passed 8th May, 1792. Ingersoll, 597. 1. Sec. 11. The vice president of the United States; the .*.* officers, judicial and executive, of the government of the United tºy. States; the members of both houses of congress, and their re- spective officers; all custom-house officers, with their clerks, all 360 LAWS OF THE UNITED STATES. post-officers and stage drivers, who are employed in the care and conveyance of the mail of the post-office of the United States; all ferrymen employed at any ferry on the post road; all inspectors of exports; all pilots; all mariners actually em- ployed in the sea service of any citizen or merchant within the United States; and all persons who now are, or may hereafter be, exempted by the laws of the respective States, shall be, and are hereby exempted from militia duty, notwithstanding their being above the age of eighteen, and under the age of forty-five years. AIPIPIENDIXe CONSTITUTION OF THE STATE OF GEORGIA, AS AMENDED. ARTICLE I. 1. Sec. I. The legislative, executive, and judiciary depart- ments of government shall be distinct, and each department shall be confided to a separate body of magistracy; and no person, or collection of persons, being of one of those depart- ments, shall exercise any power properly attached to either of the others, except in the instances herein expressly permitted. 2. Sec. II. The legislative power shall be vested in two Separate and distinct branches, to wit: a senate and house of representatives, to be styled the General Assembly. 3. Sec. III. The senate shall be elected annually on the first Monday in November, until such day of election be alter- ed by law;” and shall be composed of one member from each county, to be chosen by the electors thereof. 4. Sec. TV. No person shall be a senator who shall not have attained to the age of twenty-five years, and have been nine years a citizen of the United States, and three years an inhabitant of this State, and shall have usually resided within the county for which he shall be returned, at least one year immediately preceding his election, (except persons who have been absent on public business of this State, or of the United States;) and is and shall have been possessed in his own right of a settled freehold estate of the value of five hundred dollars, or of taxable property to the amount of one thousand dollars, within the county, for one year preceding his election; and whose estate shall on a reasonable estimation be fully compe- * Which was done, making the election the first Monday in October. See Prince's Digest, p. 129. Departments to be kept distinct. Legislative power. Style. Senate elect- ed annually. Qualifica- tions of sena- tors. 46 362 APPENDIX. tent to the discharge of his just debts over and above that SUIII]. * ; 5. Sec. V. The senate shall elect by ballot a president out of their own body. jº 6. Sec. VI. The senate shall have the sole power to try all mênts. impeachments. When sitting for that purpose, they shall be on oath or affirmation; and no person shall be convicted with- out the concurrence of two-thirds of the members present; #. judgment, in cases of impeachment, shall not extend further **in than removal from office and disqualification to hold and enjoy any office of honour, trust, or profit, within this State; but the party convicted shall nevertheless be subject to indictment, trial, judgment, and punishment, according to law. ºr 7. Sec. VII. The house of representatives shall be com- jºen posed of members from all the counties which now are, or hereafter may be included within this State, according to their respective numbers of free white persons, including three-fifths of all the people of colour; the actual enumeration shall be made within two years, and within every subsequent term of seven years thereafter, at such time, and in such manner, as this convention may direct; each county containing three thousand persons, agreeable to the foregoing plan of enumera- tion, shall be entitled to two members; seven thousand, to three members, and twelve thousand, to four members; but each county shall have at least one, and not more than four 3. members. The representatives shall be chosen annually, on the first Monday in November, until such day of election be altered by law.” Until the aforesaid enumeration shall be made, the several counties shall be entitled to the following number of representatives, respectively: Camden, two; Glynn, two; Liberty, three; Mºlntosh, two; Bryan, one; Chatham, four; Effingham, two ; Scriven, two ; Montgomery, two; Burke, three; Bullock, one; Jefferson, three; Lincoln, two; Elbert, three ; Jackson, two; Richmond, three; Wilkes, four; Columbia, three; Warren, three; Washington, three; Han- cock, four; Green, three; Oglethorpe, three; and Franklin, tWO. $ 3. 8. Sec. VIII. No person shall be a representative who bers. shall not have attained to the age of twenty-one years, and have been seven years a citizen of the United States, three years an inhabitant of this State, and have usually resided in * First-Monday in October. See Prince's Digest, p. 129. CONSTITUTION OF GEORGIA. 363 the county in which he shall be chosen, one year immediately preceding his election, (unless he shall have been absent on the public business of this State, or of the United States;) and shall be possessed, in his own right, of a settled freehold estate of the value of two hundred and fifty dollars, or of taxable pro- perty to the amount of five hundred dollars, within the county, for one year preceding his election; and whose estate shall, on a reasonable estimation, be competent to the discharge of his just debts, over and above that sum. * 9. Sec. IX. The house of representatives shall choose their lºº, speaker and other officers. own officers, 10. Sec. X. They shall have solely the power to impeach ºth- all persons who have been, or may be in office. 11. Sec. XI. No person holding any military commission or Whººl, other appointment having any emolument or compensation an- ;. nexed thereto, under this State, or the United States, or either of them, (except justices of the inferiorcourts, justices of the peace, and other officers of the militia), nor any person who has had charge of public moneys belonging to the State, unaccounted for and unpaid, or who has not paid all legal taxes or contri- butions to the government required of him, shall have a seat in either branch of the general assembly; nor shall any sena- *:::::::: tor or representative be elected to any office or appointment hºofprofit by the legislature, having any emoluments or compensation annexed thereto, during the time for which he shall have been elected, with the above exceptions, unless he shall decline accepting his seat, by notice to the executive, within twenty days after he shall have been elected ; nor shall any member, after having taken his seat, be eligible to any of the aforesaid offices or appointments during the time for which he shall have been elected. 12. Sec. XII. The meeting of the general assembly shall ºr be annual, on the second Tuesday in January, until such day "". of meeting be altered by law ; a majority of each branch shall Quorum. be authorized to proceed to business; but a smaller number may adjourn from day to day, and compel the attendance of their members in such manner as each house shall prescribe. 13. Sec. XIII. Each house shall be judges of the elections, ... o judge of returns, and qualifications, of its own members, with powers ºlign: and qualifica- to expel or punish by censuring, fining, and imprisoning, or #. either, for disorderly behaviour, and may expel any person convicted of any felonious or infamous offence; each house . may punish by imprisonment, during the session, any person not a member, who shall be guilty of disrespect, by any disor. 364 APPENIDIX. Members free from ar- rest in civil cases. Freedom of debate. Journals. Yeas and nays. Reven ue . bills. Rules ſor passing bills. Members to be sworn. Canvassing prohibited. derly or contemptuous behaviour in its presence, or who, dur- ing session, shall threaten harm to the body or estate of any member, or for any thing said or done in either house, or who shall assault any of them therefor; or who shall assault or arrest any witness in going to or returning therefrom ; or who shall rescue any person arrested by order of either house. 14. Sec. XIV. No senator or representative shall be liable to be arrested during his attendance on the general assembly, or for ten days previous to its sitting, or for ten days after the rising thereof, except for treason, felony, or breach of the peace; nor shall any member be liable to answer for any thing spoken in debate, in either house, in any court or place elsewhere; but shall nevertheless be bound to answer for per- jury, bribery, or corruption. I5. Sec. XV. Each house shall keep a journal of its pro- ceedings, and publish them immediatély after their adjourn- ment; and the yeas and nays of the members on all questions shall, at the desire of two members, be entered on the journals. 16. Sec. XVI. All bills for raising revenue or appropriat- ing moneys, shall originate in the house of representatives; but the senate shall propose or concur with amendments as in other bills. 17. Sec. XVII. Every bill shall be read three times, and on three separate days, in each branch of the general assembly, before it shall pass, unless in case of actual invasion or insur- rection; nor shall any law or ordinance pass containing any matter different from what is expressed in the title thereof; and all acts shall be signed by the president in the senate, and the speaker in the house of representatives: no bill or ordinance which shall have been rejected by either house, shall be brought in again during the scssion, under the same or any other title, without the consent of two-thirds of each branch. 18. Sec. XVIII. Each senator and representative, before he be permitted to take his scat, shall take an oath or make affirmation, that he hath not practised any unlawful means, either directly or indirectly, to procure his election, and every person shall be disqualified from serving as a senator or repre- sentative for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe or treat, or canvassed for such election, and every candidate employing like means and not elected, shall on conviction be ineligible to hold a seat in either house, or to hold any office of honour or profit for the term of one year, and to such other disabilities or penalties as may be prescribed by law. CONSTITUTION OF GEORGIA. 365 19. Sec. XIX. Every member of the senate or house of representatives shall, before he takes his seat, take the following oath or affirmation, to wit: “I, A. B., do solemnly swear, or ºfmem. affirm, (as the case may be,) that I have not obtained my elec- tion by bribery, treats, canvassing, or other undue or unlawful means, used by myself, or others by my desire or approbation, for that purpose; that I consider myself constitutionally quali- fied as a senator or representative; and that on all questions and measures which may come before me, I will give my vote, and so conduct myself, as may, in my judgment, appear most conducive to the interest and prosperity of this State; and that I will bear true faith and allegiance to the same ; and to the utmost of my power and ability observe, conform to, and de- fend the constitution thereof.” 20. Sec. XX. No person who hath been, or may be con- victed of felony, before any court of this State, or any of the United States, shall be eligible to any office or appointment of honour, profit, or trust, within this State. 21. Sec. XX1. Neither house, during the session of the general assembly shall, without the consent of the other, ad- journ for more than three days, nor to any other place, than that at which the two branches shall be sitting; and in case of disagreement between the senate and house of representatives with respect to their adjournment, the governor may adjourn them. g 22. Sec. XXII. The general assembly shall have power to make all laws and ordinances which they shall deem neces- sary and proper for the good of the State, which shall not be repugnant to this constitution. 23. Sec. XXIII. They shall have power to alter the boun- daries of the present counties, and to lay off new ones, as well out of the counties already laid oſſ, as out of other territory be- longing to the State; but the property of the soil in a free gov- ernment, being one of the essential rights of a free people, it is necessary, in order to avoid disputes, that the limits of this State shall be ascertained with precision and exactness; and this convention composed of the immediate representatives of the people, chosen by them to assert their rights, and to revise the powers given by them to the government, and from whose will all ruling authority of right flows, doth assert and declare the boundaries of this State to be as follows: That is to say, the limits, boundaries, jurisdictions, and authority of the State of Georgia, do, and did, and of right ought to extend from the sea, or the mouth of the river Savannah, along the northern General dis- ualification rom office. Adjournment of the legis- lature. Powers of the general assembly. Declaration of the boun- dary of the State. 366 APPENDIX. Proviso. The legisla- ture autho- rized to sell a certain part to the U. S. Proviso. No monopo- lies permit- ted. branch or stream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, and from thence along the most northern branch or stream of the said river Tugalo, till it intersects the northern boundary line of South Carolina. If the said branch or stream of Tugalo extends so far north, reserving all the islands in the said rivers Savannah and Tugalo to Geor- gia; but if the head spring or source of any branch or stream of the said river Tugalo does not extend to the north boundary line of South Carolina, then a west line to the Mississippi to be drawn from the head spring or source of the said branch or stream of Tugalo river, which extends to the highest northern latitude; thence down the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirty-first degree of north latitude; south by a line drawn due east from the termination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachicola or Chattahoochie; thence along the middle thereof to its junction with Flint river, thence straight to the head 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 said limits, boundaries and jurisdictional rights, and also all the islands within twenty leagues of the sea coast. And this convention doth further declare and assert, that all the territory without the present temporary line and within the limits aforesaid, is now of right the property of the free citizens of this State, and held by them in sovereignty, inalienable but by their consent: Provided nevertheless, that nothing herein contained shall be construed so as to prevent a sale to, or contract with the United States, by the legislature of this State, of and for all or any part of the western territory of this State, lying westward of the river Chattahoochie, on such terms as may be beneficial to both parties; and may procure an extension of settlement, and an extinguishment of Indian claims in and to the vacant territory of this State, to the east and north of the said river Chattahoochie, to which said territory such power of contract or sale, by the legislature, shall not extend: And provided also, may give its consent to the establishment of one or more governments westward there- of: but monopolies by individuals being contrary to the spirit of our free government, no sale of territory of this State, or any part thereof, shall take place to individuals or private compa- nies, unless a county or counties shall have been first laid off, constitution pf GEORGIA. 367 including such territory, and the Indian rights shall have been extinguished thereto. & 24. Sec. XXIV. The foregoing section of this article hav- ing declared the common rights of the free citizens of this State in and to all the territory without the present temporary boun- Certain pur- chases consti- tutionally void. dary line, and within the limits of this State thereby defined, by which the contemplated purchases of certain companies of a considerable portion thereofare become constitutionally void; and justice and good faith require that the State should not detain a consideration for a contract which has failed; the legislature, at their next session, shall make provision by law for returning to any person or persons who has or have bona j.de deposited moneys for such purchases in the treasury of this State: Provided the same shall not have been drawn therefrom in terms of the act passed the thirteenth day of February one thousand seven hundred and ninety-six, commonly called the rescinding act, or the appropriation laws of the years one thou- sand seven hundred and ninety-six, and one thousand seven hundred and ninety-seven : nor shall the money paid for such purchases ever be deemed a part of the funds of this State, or be liable to appropriation as such ; but until such moneys be drawn from the treasury, they shall be considered altogether at the risk of the persons who have deposited the same, No mo- ney shall be drawn out of the treasury, or from the public funds of this State, except by appropriation made by law, and a regular statement and account of the receipts and expendi- tures of all public moneys shall be published from time to time. No vote, resolution, law, or order shall pass the general assem- bly, granting a donation or gratuity in favour of any person whatever, but by the concurrence of two-thirds of the general assembly. 25. Sec. XXV. It shall be the duty of the justices of the inferior court, or any three of them, in each county respectively, within sixty days after the adjournment of this convention, to appoint one or more fit persons in each county, not exceeding one for each battalion district, whose duty it shall be to take a full and accurate census or enumeration of all free white per- sons and people of colour residing therein, distinguishing in se- parate columns, the free white persons from persons of colour; and return the same to the clerks of the Superior courts of the several counties, certified under their hands, on or before the first day of December next;. the persons so appointed being first severally sworn before the said justices, or either of them, duly and faithfully to perform the trust reposed in them; and Considera- tion money to be returned: and never to be deemed part of the public funds. Donations, how to be granted. A census to be taken, 368 APPENDIX. every seven years. Governor chosen for two years. By popular vote. Time of election. it shall be the duty of said clerks to transmit all such returns, under seal, directed to the speaker of the house of representa- tives, at the first session of the legislature thereafter; and it shall be the duty of the general assembly, at their said first ses- sion, to apportion the members of the house of representatives among the several counties, agreeable to the plan prescribed by this constitution, and to provide an adequate compensation for the taking of the said census. Every person, whose usual place of abode shall be in any family on the first Monday in July next, shall be returned as of such family; and every per- son, occasionally absent at the time of taking the enumeration, as belonging to that place in which he usually resides. The general assembly shall, by law, direct the manner of taking such census or enumeration, within every subsequent term of Seven years, in conformity to this constitution. And it is de- clared to be the duty of all officers, civil and military, through- out this State, to be aiding and assisting in the true and faithful execution thereof. In case the justices of the inferior courts should fail to make such appointments, or if there should not be sufficient number of such justices in any county, then the justices of the peace, or any three of them, shall have and ex- ercise like powers and authority respecting the said census; and if the census or enumeration of any county shall not be taken and returned, then, and in that case, the general assem- bly shall apportion the representation of such county, according to the best evidence in their power, relative to its population. ARTICLE II. 26. Sec. I. The executive power shall be vested in a go- vernor, who shall hold his office during the term of two years, and until such time as a successor shall be chosen and quali- fied: He shall have a competent salary established by law, which shall not be increased or diminished during the period for which he shall have been elected; neither shall he receive, within that period, any other emolument from the United States, or either of them, or from any foreign power. 27. Sec. 11. The governor shall be elected by persons qua- lified to vote for members of the general assembly, on the first Monday in October, in the year of our Lord one thousand eight hundred and twenty-five, and on the first Monday in October, in every second year thereafter, until such time be altered by law, which election shall be held at the place of holding gene- ral elections in the several counties of this State, in the same manner as is prescribed for the election of members of the ge- CONSTITUTION OF GEORGIA. 369. neral assembly. The returns of election for governor, shall be sealed up by the presiding justices, separately from other re- turns, and directed to the president of the senate, and the Speaker of the house of representatives, and transmitted to his excellency the governor, or the person exercising the duties of governor for the time being, who shall without opening the said returns, cause the same to be laid before the senate on the day after the two houses shall have been organized, and they shall be transmitted by the senate to the house of representa- tives. The members of each branch of the general assembly, shall convene in the representative chamber, and the president of the senate, and speaker of the house of representatives shall open and publish the returns in the presence of the general as- sembly, and the persons having the majority of the whole num- ber of votes given in, shall be declared duly elected governor of this State; but if no person have such majority, then from the persons having the two highest number of votes who shall be in life, and shall not decline an election at the time appointed for the legislature to elect, the general assembly shall elect im- mediately a governor by joint ballot; and in all cases of elec- tion of a governor, by the general assembly, a majority of the votes of the members present shall be necessary for a choice. Contested elections shall be determined by both houses of the general assembly in such manner as shall be prescribed by law.” 28. Sec. III. No person shall be eligible to the office of governor, who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six years, and who have not attained to the age of thirty years, and who does not possess five hundred acres of land, in his own right, in this State, and other property to the amount of four thousand dollars, and whose estate shall not on a reasonable estimation be competent to the discharge of his debts, over and above that SUlſſ). 29. Sec. IV. [Proposed as an amendment, 19th December, 1817, pam. of 1817, p. 74; and passed 15th December, 1818, - * The governor was formerly elected by the legislature. It was moved by Mr. Stith, in the convention of 1798, that the governor should be elected by a popular vote, and lost 18 to 50. It was proposed by act of 1815, ſpam. of 1815, p. 11.] to make the governor elective by the people, but lost in 1816. It was again proposed in 1821, p. 121, but lost in 1822. Again proposed in 1823, p. 40, and adopted in 1824, p. 41. His qualifica- tion. Vacancy, how filled. 47 370 APPENDIX. p. 212.] In case of the death, resignation, or disability of the governor, the president of the senate, or the last acting presi- dent of the senate,” shall exercise the executive powers of the government until such disability be removed, in the election and qualification of the governor by the general assembly: And in case of the death, resignation, or disability of the presi- dent of the senate, or last acting president of the Senate, the speaker of the house of representatives, or the acting speaker of the house of representatives, shall exercise the executive pow- ers of the government, until such disability be removed in the election and qualification of a governor by the general assem- bly.* 30. Sec. V. The governor shall, before he enters on the du- ties of his office, take the following oath or affirmation: “I do solemnly swear, or affirm (as the case may be), that I will faith- fully execute the office of governor of the State of Georgia ; and will, to the best of my abilities, preserve, protect, and de- fend the said State, and cause justice to be executed in mercy therein, according to the constitution and laws thereof.” 31. Sec. Vl. He shall be commander in chief of the army and navy of this State, and of the militia thereof. 32. Sec. VII. He shall have power to grant reprieves for offences against the State, except in cases of impeachment, and to grant pardons, or to remit any part of a sentence, in all cases after conviction, except for treason or murder, in which cases he may respite the execution, and make report thereof to the next general assembly, by whom a pardon may be granted. 33. Sec. VIII. He shall issue writs of election to fill up all vacancies that happen in the senate, or house of representa- tives, and shall have power to convene the general assembly on extraordinary occasions; and shall give to them from time to time information of the state of the republic, and recommend to their consideration such measures as he may deem necessary and expedient. 34. Sec. IX. When any office shall become vacant by death, resignation or otherwise, the governor shall have power to fill such vacancy; and persons so appointed shall continue in office until a successor is appointed agreeable to the mode pointed out by this constitution, or by the legislature. 35. Sec. X. He shall have the revision of all bills passed by both houses, before the same shall become laws, but two- Governor's oath, His style. His power in pardoning. The governor shall issue writs of elec- tion to fill vacancies in either house. Shall call special ses- sions, &c. And fill va- cancies in Gf- office, His power in making laws' +--- *Added by the amendment CONSTITUTION OF GEORGIA. 371 thirds of both houses may pass a law notwithstanding his dis- sent;" and if any bill should not be returned by the governor within five days after it hath been presented to him, the same shall be a law, unless the general assembly, by their adjourn- ment, shall prevent its return. 36. Sec. XI. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of adjournment, shall be presented to the governor; and before it shall take effect, be approved by him, or being disapproved, may be repassed by two-thirds of both houses, according to the rules and limitations prescribed in case of a bill. 37. Sec. XII. There shall be a secretary of the state, a treasurer and surveyor general, appointed in the same manner, and at the same session of the legislature ; and they shall hold their offices for the like period as the governor, and shall have a Competent salary, including such emoluments as may be esta- blished by law, which shall not be increased or diminished during the period for which they shall have been elected. 38, Sec. XIII. The great seal of the State shall be depo- sited in the office of the secretary of State, and shall not be affixed to any instrument of writing, but by order of the gover- nor or general assembly; and the general assembly shall, at their first session after the rising of this convention, cause the great seal to be altered by law. 39. Sec. XIV. The governor shall have power to appoint his own Secretaries. ARTICLE III. 40. Sec. I. [As annended in 1811, and again amended 19th December, 1818.] The judicial powers of this State shall be vested in a superior, INFERIOR, and JUSTICEs’f courts, and in such other courts as the legislature shall from time to time ordain and establish. The judges of the Superior courts shall be elected for the term of three years, and shall continue in office until their successors shall be elected and qualified, re- movable by the governor on the address of two-thirds of both branches of the general assembly for that purpose, or by im- And passing resolutions. Secretary of state, treasu- rer, and sur- veyor gene- ral. Great seal of the state;- to be altered. Governor to appoint his OWn Secreta- ries. *And without his signature. [See resolution of 16th December, 1811. Lamar's Digest, p. 1089.] # The passages in small capitals were added by the amendment passed in 1810 and 1811. * f Those in italic by the acts of 1817 and 1818. Judicial power. The judges of the supe- rior courts elected for 3 years: how remova- ble. 372 APPENDIX. Jurisdiction and power of the Superior 4."Oll I’t, peachment and conviction thereon. The superior courts shall have exclusive and final jurisdiction in criminal cases, (ExcEPT AS RELATES TO PEOPLE OF COLOUR, AND FINES FOR NEGLECT OF DUTY, AND FOR CONTEMPT OF COURT, FOR VIOLATIONS AGAINST ROAD LAWS, AND FOR OBSTRUCTING WATER. COURSES, WHICH SHALL BE VESTED IN SUCH JUDICATURE OR TRIBUNAL AS SHALL BE, OR MAY HAVE BEEN, POINTED OUT BY LAw;" And except in all other minor offences committed by free white persons, and which do not subject the offender or offenders to loss of life, limb, or member, or to confinement in the peniten- tiary; in all such cases, corporation courts, such as now exist, or may hereafter be constituted, in any incorporated city, being a sea- port town and port of entry, may be vested with jurisdiction, under such rules and regulations as the legislature may hereafter by law direct,)f which shall be tried in the county where the crime was committed; and in all cases respecting titles to land, which shall be tried in the county where the land lies; and also concurrent jurisdiction in all other civil cases; and shall have power to cor- rect errors in inferior judicatories by writ of certiorari, as well as errors in the superior courts, and to order new trials on pro- per and legal grounds: Provided, that such new trials shall be determined, and such errors corrected, in the superior court of the county in which such action originated; and the said court shall have appellate jurisdiction in such cases as ARE, or” may be pointed out by law, which shall in no case tend to remove the cause from the county in which the action originated; and the judges thereof, in all cases of application for new trials or correction of errors, shall enter their opinion on the minutes of the court. The inferior courts shall also have concurrent juris- diction all in civil cases, (ExCEPT IN CASEs RESPECTING THE TITLES TO LANDs,)” which shall be tried in the county where the deſendant resides; and in cases of joint obligors, or Joint PROMISSORs,” residing in different counties, the same may be brought in either county, and a copy of the petition and process served on the party residing out of the county in which the suit may be commenced, shall be deemed sufficient service, under such rules and regulations as the legislature HAVE or” may direct. The superior and inferior courts shall sit in each county twice in every year, at such stated times as HAVE or” may be appointed by the legislature. { ºrporation d juris. Jew trial ld correc- *ion of errors. °roviso. Inferior courts' juris- diction. Joint obli- gors and promissors. Uourts to sit iwice a year. -* * The passages in small capitals were added by the amendment in 1810 and 1811. f Those in italics by amendment in 1817 and 1818. CONSTITUTION OF GEORGIA. 373 41. Sec. 11. The judges shall have salaries equal to their lºº ave sala- services, established by law, which shall not be increased or * diminished during their continuance in office; but shall not receive any other perquisites or emoluments whatever, from parties or others, on account of any duty required of them. 42. Sec. III. There shall be a State's attorney and solici- tors appointed by the legislature and commissioned by the go- vernor, who shall hold their offices for the term of three years, unless removed by sentence on impeachment, or by the gover- mor, on the address of two-thirds of each branch of the general assembly. They shall have salaries adequate to their services, established by law, which shall not be increased or diminished during their continuance in office. 43. Sec. IV. [Amended in 1812, and again amended in 1819.] The justices of the inferior courts shall be elected by the persons entitled to vote for members of the legislature, in such manner as the legislature may by law direct. 44. Sec. V. [Amended in 1812, and again amended in 1819.] The justices of the peace throughout this State, shall be elected by the persons residing in their respective districts, entitled to vote for members of the general assembly, under such rules and regulations as the legislature may by law direct. 45. Sec. VI. The powers of a court of ordinary or register of probates shall be vested in the inferior courts of each county, from whose decision there may be an appeal to the superior court, under such restrictions and regulations as the general assembly may by law direct; but the inferior court shall have power to vest the care of the records and other proceedings thereon, in the clerk, or such other person as they may ap- point, and any one or more justices of the said court, with such clerk or other person, may issue citations, and grant tem- porary letters, in time of vacation, to hold until the next meet- ing of the said court; and such clerk or other person may grant marriage licenses. 46. Sec. VII. The judges of the superior courts, or any one of them shall have power to issue writs of mandamus, prohibi- tion, scire facias, and all other writs which may be necessary for carrying their powers fully into effect. 47. Sec. VIII. Within five years after the adoption of this constitution, the body of our laws, civil and criminal, shall be * But the clerk is not removable by the court of ordinary. See Clayton's Di- gest, p. 681. State’s attor- ney and so- licitors. Term of office. Salaries. The justices of the infeli- or court, and justices of the peace elective by the people. Court of ol di- nary. Appeal to the superior Court. Clerk. Temporary letters. Marriage li- CellSeS. Mandamus, prohibitions, &c. Digest. 374 APPENDIX. Appearance by counselor person. Divorces, how granted. Clerks. Sheriffs. revised, digested and arranged, under proper heads, and pro- mulgated in such manner as the legislature may direct; and no person shall be debarred from advocating or defending his cause before any court or tribunal, either by himself, or coun- sel, or both. 48. Sec. IX. Divorces shall not be granted by the legisla- ture, until the parties shall have a fair trial before the superior court, and a verdict shall have been obtained, authorizing a divorce upon legal principles. And in such cases two-thirds of each branch of the legislature may pass acts of divorce accord- ingly. 49. Sec. X. [As amended 16th December, 1808.] The clerks of the superior and inferior courts shall be elected on the same day as pointed out by law for the election of other county officers.” 50. Sec. XI. Sheriffs shall be appointed in such manner as the general assembly may by law direct, and shall hold their appointments for the term of two years, unless sooner re- moved by sentence on impeachment, or by the governor, on the address of two-thirds of the justices of the inferior court and of the peace in the county; but no person shall be twice elected sheriff within any term of four years; and no county officer after the next election shall be chosen at the time of electing a Senator or representative. ARTICLE IV. 51. Sec. I. The electors of members of the general assem- bly, shall be citizens and inhabitants of this State, and shall have attained the age of twenty-one years, and have 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 election and shall have resided six months within the county: Provided, that in case of invasion, and the inhabitants shall be driven from any county, so as to prevent an election therein, such refugee inhabitants, being a majority of the voters of such county, may meet under the direction of any three justices of the peace thereof, in the nearest county, not in a state of alarm, and proceed to an election, without having paid such tax so required of electors, and the persons so elected thereat, shall be entitled to their seats. Qualification of electors. Places of holding elec- tions in cer- tain cases. * Originally thus—“The clerks of the superior and inferior courts shall be ap- pointed in such manner as the legislature may by law direct, and shall be com- missioned by the governor, and shall continue in office during good behaviour.” CONSTITUTION OF GEORGIA, 375 52. Sec. II. All elections, by the general assembly, be by joint ballot of both branches of the legislature; and when shall Elections by the general assembly to be by joint the senate and house of representatives unite for the purpose of " electing, they shall meet in the representative chamber, and the president of the senate shall in such cases preside, receive the ballots, and declare the person or persons elected. In all elections by the people, the electors shall vote viva voce.” until the legislature shall otherwise direct. 53. Sec. III. The general officers of the militia shall be elected by the general assembly, and shall be commissioned by the governor. All other officers of the militia shall be elected in such manner as the legislature may direct, and shall be commissioned by the governor; and all militia officers now in commission, and those which may hereafter be commission- ed, shall hold their commissions during their usual residence within the division, brigade, regiment, battalion, or company to which they belong, unless removed by sentence of a court- martial, or by the governor, on the address of two-thirds of each branch of the general assembly. 54. Sec. IV. All persons appointed by the legislature to fill vacancies, shall continue in office only so long as to com- plete the time for which their predecessors were appointed. 55. Sec. W. Freedom of the press and trial by jury, as heretofore used in this State, shall remain inviolate; and no eX post facto law shall be passed. 56. Sec. VI. No person who heretofore hath been, or here- after may be a collector, or holder of public moneys, shall be eligible to any office in this State, until such person shall have accounted for, and paid into the treasury, all sums for which he may be accountable or liable. 57. Sec. VII. The person of a debtor, where there is not a strong presumption of fraud, shall not be detained in prison after delivering bona ſide all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. 58. Sec. VIII. Convictions on impeachments, which have heretofore taken place, are hereby released, and persons lying under such convictions, restored to citizenship. 59. Sec. IX. The writ of habeas corpus shall not be sus- pended unless when, in case of rebellion, or invasion, the public safety may require it. * Mode of voting altered by act of 1799 Marbury and Crawford's Digest, p 202. Militia offi- cers how elected and commission- ed. Appoint- ments to fill vacancies. The press. Trial by jury. Ex post facto. Defaulting collectors, not eligible to office. Insolvent debtors. Amnesty as to impeach- meists. Habeas cora pus, 376 APPENDIX. Freedom of conscience. No importa- tion of slaves. Slaves not to be emanci- pated with- out the con- sent of their OWIlêI'S, Punishment for murder- ing a slave. Promotion of arts and sci- £11(*6S, Continuance of persons in office. This consti- tution to be- carried into effect by the legislature. 60. Sec. X. No person within this State shall, upon any pretence, be deprived of the inestimable privilege of worship- ping God in a manner agreeable to his own conscience, nor be compelled to attend any place of worship, contrary to his own faith and judgment, nor shall he ever be obliged to pay tithes, taxes, or any other rate, for the building or repairing any place of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or hath voluntarily engaged to do. No one religious society shall ever be estab- lished in this State in preference to another, nor shall any per- Son be denied the enjoyment of any civil right merely on account of his religious principles. 61. Sec. XI. There shall be no future importation of slaves into this State from Africa, or any foreign place, after the first day of October next. The legislature shall have no power to pass laws for the emancipation of slaves, without the consent of each of their respective owners previous to such emancipa- tion. They shall have no power to prevent emigrants, from either of the United States to this State, from bringing with them such persons as may be deemed slaves by the laws of any one of the United States. 62. Sec. XII. Any person who shall maliciously dismem- ber or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof, except in case of insurrection by such slave, and unless such death should hap- pen by accident in giving such slave moderate correction. 63. Sec. XIII. The arts and sciences shall be promoted in one or more seminaries of learning, and the legislature shall, as soon as conveniently may be, give such further donations and privileges to those already established as may be necessary to secure the objects of their institution; and it shall be the duty of the general assembly at their next session to provide effectual measures for the improvement and permanent security of the funds and endowments of such institutions. 64. Sec. XIV. All civil officers shall continue in the ex- ercise of the duties of their several offices, during the periods for which they were appointed, or until they shall be suspended by appointments made in conformity to this constitution: And all laws now in force shall continue to operate, so far as they are compatible with this constitution, until repealed; and it shall be the duty of the general assembly to pass all necessary laws and regulations for carrying this constitution into full effect. CONSTITUTION OF GEORGIA. 377 65. Sec. XV. No part of this constitution shall be altered, unless a bill for that purpose, specifying the alterations intend- ed to be made, shall have been read three times in the house of representatives, and three times in the Senate, on three seve- ral days in each house, and agreed to by two-thirds of each house respectively; and when any such bill shall be passed in manner aforesaid, the same shall be published at least six months previous to the next ensuing annual election for mem- bers of the general assembly; and if such alterations, or any of them so proposed, shall be agreed to in their first session there- after by two-thirds of each branch of the general assembly, after the same shall have been read three times on three sepa- rate days in each respective house, then, and not otherwise, the same shall become a part of this constitution.* We, the underwritten delegates of the people of the State of Georgia, chosen and authorized by them to revise, alter, or amend the powers and principles of their government, do de- clare, ordain, and ratify the several articles and sections con- tained in the six pages hereunto prefixed, as the constitution of this State; and the same shall be in operation from the date hereof. In testimony whereof, we, and each of us respectively, have hereunto set our hands, at Louisville, the seat of government, this thirtieth day of May, in the year of our Lord one thousand seven hundred and ninety-eight, and in the twenty-second year of the Independence of the United States of America; and have caused the great seal of state affixed thereto. * See resolution of 16th December, 1811, Lamar's Digest, p. 1089, in which the opinion is expressed, “that the governor's signature is not intended in the passage of any bill upon which both houses had exercised their constitu- tional right of two-thirds,” and adopting as a rule in future, “that when an alteration or amendment to the constitution has passed during one session of the legislature, the same bill, with the seal of state thereunto affixed, shall be intro- duced for its final passage at the next, and that no other bill be received in lieu thereof.” 48 How this constitution is to be al- tered. 378 APPENDIX, REPEALED ACTS. List of Acts, in the order of their dates, entirely repealed, re- enacted, or otherwise annulled; excepting some, which, together with such as are partially repealed, have been noted in the body of the work. An act to amend an act, passed 19th December, 1818, to limit the time for persons to take out their grants in this State, so far as relates to lands surveyed on head rights and bounty warrants. Passed 13th December, 1820. P. 63. An act to create the office of topographical and civil engi- neer in and for the State of Georgia. Passed 22d December, 1820. P. 72. An act to extend the time of taking out grants on Surveys made on head rights and bounty warrants. Passed 7th Decem- ber, 1821. P. 22. An act to incorporate the Georgia Mutual Insurance Com- pany. Passed 31st December, 1821. P. 90. An act to alter and amend the tenth section of an act, enti- tled, “An act to add that part of the unlocated territory of this State which lies without the limits of the present counties, to the county of Jasper,” passed the 18th day of December, 1816. This act passed 21st December, 1822. P. 28. An act to incorporate the Georgia Mutual lnsurance Com- pany, and to repeal the acts heretofore passed for that purpose. Passed 9th December, 1822. P. 51. An act to extend the time of taking out grants on surveys made on head rights and bounty warrants. Passed 6th Decem- ber, 1822. P. 68. An Act to extend the time for fortunate drawers in the land lottery of one thousand eight hundred and twenty, to take out their grants. Passed 25th December, 1822. P. 72. An act for the compensation of sheriffs and other officers for conveying convicts to the penitentiary. Passed December 25th, 1822. P. 107. An act to provide for taking the census of this State, as re- quired by the constitution. Passed December 10th, 1823. P. 36. An act to alter and amend the second section of the second article of the constitution of the State of Georgia. Passed 21st December, 1821. P. 121. REPEALED ACTS. 379 An act to extend the time to fortunate drawers in the land lottery [of 1820 and 1821, to take out their grants], and also to reduce the fees upon the grants. Passed 20th November, 1823. P. 97. [The time for taking out grants in the above named lotteries, has been extended from year to year, down to the act of 1829, which is incorporated in the body of the work, under the head of Land Lottery Acts.] An act to regulate the intercourse between the banks incor- porated by the general assembly of the State of Georgia and the Bank of the United States, and the branches thereof, so far as regards the demands which may be made for specie by the latter upon the former, and exempting the bills and notes of the banks incorporated by the general assembly, from bearing interest when they shall be collected, acquired, purchased, or received in deposit by the Bank of the United States, or the branches thereof, if the said bank, or the branches thereof, shall demand the same to be redeemed in specie. Passed 24th December, 1821. P. 78. An act to repeal a law passed in the year one thousand eight hundred and seventeen, prohibiting the introduction of slaves only on certain conditions. Passed 9th December, 1824. P. 124. [This act reinstates the act of 1817, which is insert- ed in the body of the work, under the title of Slaves, 1829.] An act further defining the duties of collectors of taxes. Passed 9th December, 1824. P. 130. An act to authorize the justices of the inferior courts of the different counties in this State, in certain cases to draw for and dispose of the dividends of the poor school fund to which their counties may respectively be entitled. Passed 11th June, 1825. P. 19. An act to lay out a central canal or rail-way through this State. Passed 24th December, 1825. P. 36. An act to lay off the State into seven congressional districts. Passed 22d December, 1825. P. 89. An Act to create a board of public works, and to provide for the commencement of a system of internal improvement. Passed 21st December, 1825. P. 111. An act, entitled an act to set apart and reserve for the use of the State, all valuable ores, mines, and minerals which have been, or may hereafter be discovered upon lands which now are, or may hereafter be the property of the State of Georgia, and to make penal, and provide for the punishment of the removing, carrying away, or securing the same to the loss of the State. Passed 24th December, 1825. P. 122. 380 APPENDIX. An act to amend an act, entitled an act to incorporate the Bank of Darien, passed the fifteenth December, eighteen hun- dred and eighteen. This act passed 20th December, 1826. P. 37. An act to prevent the testimony of Indians being received in courts of justice. Passed 26th December, 1826. P. 68. An act to add the territory within the limits of this State, and occupied by the Cherokee Indians, to the counties of De Kalb, Gwinnett, Hall, and Habersham, and to extend the laws of this State over the same, and for other purposes. Passed 20th December, 1828. P. 88. ––GSe— REFERENCE TO PRIVATE AND LOCAL ACTS. County Academies, &c. Appling.—County academy funds, vested in the poor School fund; and repeals a law respecting the academies of Chatham, Hrwin, Telfair and Ware. 1826. p. 9. Authorizing the sale of lots Nos. 10 and 100, in Appling, Ir- win and Ware for the benefit of the education of poor children. 1827. p. 14. * Baker.—County academy fund vested in the poor school fund, and authorizing taking census in Sundry counties. 1826. p. 28. The Byron academy in Baker county incorporated, and trustees appointed. 1828. p. 15. The first section of the act of twenty-seventh day of Decem- ber, 1826, repealed. 1829. p. 12. Baldwin.—Academy of Milledgeville, square of lots granted to. May session, 1821. p. 27. Commissioners appointed for the county academy. 1822. p. 11. Authorizing the citizens of Baldwin county to establish com- mon schools. 1823. p. 9. Leonicera academy incorporated. 1826. p. 17. Corinth academy incorporated. 1826. p. 31. Bibb.-Lake academy in Bibb county incorporated. 1826 p. 18. Washington academy incorporated. 1826. p. 27. Bullock.-County academy incorporated. 1822, p. 10. PRIVATE AND LOCAL ACTS. 381 Burke.—Poor school fund in Burke county regulated. 1827. p. 12. Butts.-County academy incorporated. 1826. p. 10. Bryan.—County academy incorporated and commissioners appointed. 1822. p. 11. Amends the title of the act establishing academies in. 1823. p. 23. Camden. Campbell.—County academy trustees for, appointed and in- corporated. 1829. p. 8. Carrol-County academy incorporated. 1829. p. 12. Chatham.—To vest the poor school fund in the Savannah Freeschool Society. 1824, p. 10. The fund set apart for county academies for Chatham, added to the free school fund. 1825. p. 13. Repeals a law respecting academies. 1826. p. 9. Clark.-County incorporated and trustees appointed. 1823. p. 27. Athens female academy incorporated. 1829, p. 9. Salem academy authorized to raise a lottery for its benefit. Extra session, 1825, p. 28. Columbia.-Fines and forfeitures arising from criminal prose- cutions added to academies. 1821. p. 106. Columbia.--County academy, trustees of authorized to sell real estate of 1826. P. 6. Columbia.--Wrightsborough academy, lottery authorized for its benefit. 1826. p. 119. White Oak academy incorporated. 1825. p. 4. Franklin academy incorporated. 1825. p. 6. Coweta.-County academy in the town of Newman incorpo- rated, &c. 1828. p. 8. g Crawford.—Knoxville academy incorporated. 1825. p. 9. Amends the act incorporating Knoxville academy. 1827. p. 7. Decatur.—County academy funds vested in the poor school fund. 1826. p. 4. The above act repealed. 1829. p. 13. County academy in- corporated, &c. 1829. p. 10. De Kalb.-County academy incorporated. 1825. p. 15. Amends the act incorporating De Kalb county academy. 1826. p. 5. Lottery authorized for the benefit of De Kalb county aca- demy. 1826. p. 119. Dooley.—County academy incorporated. 1825. p. 7. Academy and poor school fund consolidated. 1827, p. 6. 382 APPENDIX. Early.—County academy, commissioners appointed for 1821. p. 137. Early.—Blakely academy incorporated. 1827. p. 4. Smithville academy incorporated, &c. 1828. p. 13. Effingham.—To regulate the mode of appointing commis- sioners of academies. 1820. p. 94. Effingham.—County academy commissioners for, appointed. 1821. p. 132. The poor school fund vested in the justices of the inferior court. 1824. p. 10. Elbert.—Philomathia academy incorporated and commis- sioners appointed. 1823. p. 7. Eudiso academy incorporated. 1823. p. 28. Female academy, name established and trustees appointed. 1826. p. 7. The act incorporating Philomathia academy, amended, &c. 1827. p. 15. County academy, Several acts incorporating, consolidated, &c. 1828. p. 10. Emanuel.—County academy, trustees authorized to esta- blish freeschools. 1824. p. 11. The academy fund added to the poor school fund. 1829. p. 6. Fayette.—Authorizing the justices of the inferior court to lay off a lot to build academy upon. 1824. p. 7. Fayetteville academy incorporated. 1824. p. 17. County academy, lottery authorized for its benefit. 1828. p. 10. Franklin.—County academy, commissioners for appointed. 1821. p. 133. County academy incorporated. 1824. p. 24. Carnesville academy incorporated, &c. 1825. p. 11. Franklin.-Relating to the poor school fund. 1826. p. 20. Glynn.—County academy incorporated. 1821. p. 11. County academy trustees authorized to establish free schools. 1823. p. 16. The inferior court authorized to sell the academy building and the proceeds added to the poor school fund. 1829. p. 7. Greene.—Lottery authorized for the benefit of the male and female academy of Greensborough. 1820. p. 43. County academy, respecting the appointment of commis- sioners. 1812. p. 97. Trustees authorized to sell part of a lot. 1822. p. 13. PRIVATE AND LOCAL ACTS. 383 To entitle the incorporated academies in Greene to dividend set apart for county academies. 1824. p. 22. Brockman united academy incorporated. 1826. p. 13. Lafayette hall academy incorporated. 1827. p. 18. Gwinnett.—County academy incorporated and commission- ers appointed. 1821. p. 125. Lawrenceville academy incorporated, &c. 1824. p. 5. The actincorporating the Lawrenceville academy amended. 1825. p. 12. Freeschools established. 1826. p. 16. Certain number trustees added to Lawrenceville academy. 1827. p. 28. Washington academy incorporated. 1827. p. 30. , Lottery authorized for the benefit of the Lawrenceville aca- demy. 1828. p. 12. Washington academy, a certain number of trustees added. 1828. p. 19. Habersham.—County academy incorporated. 1821. p. 125. Clarksville academy incorporated, 1824. p. 8. Repeals 7th section of the act of 22d December, 1828, rela- tive to distribution of poor school fund. 1829. p. 6. JHall.—County academy incorporated. 1821. p. 125. County academy, additional trustees appointed. 1828. p. 8. Hancock—Mount Zion academy incorporated and named. 1823. p. 8. The incorporated academies entitled to dividend of funds set apart for county academies. 1823. p. 20. Lottery authorized for the benefit of Sparta academy. 1826. p. 116. The poor school fund regulated. 1827. p. 12. Harris.-Hamilton academy incorporated. 1828. p. 15. Henry.—County academy, the inferior court authorized to convey to the trustees a lot of land. 1824. p. 13. County academy incorporated. 1824. p. 28. The actincorporating Henry county academy amended and explained. 1826. p. 12. Pleasant Grove academy incorporated. 1827. p. 28. Houston.—County academy incorporated. 1824. p. 13. The funds of the county academy vested in the poor school fund and trustees appointed. 1826. p. 24. Flint river academy incorporated. 1828, p. 15. Irwin.—The fund set apart for county academies added to the freeschool fund. 1825. p. 13. Repeals a law respecting academies. 1826. p. 9. 384 APPENDIX. Lots Nos. 10 and 100 ordered to be sold for the education of poor children. 1827, p. 14. Trustees of poor school fund appointed. 1827. p. 21. Jackson.—The female academy at Harmony Grove incor- porated. 1824. p. 19. To lay off Jackson county into election districts and other school regulations. 1827. p. 19. Jasper.—Hebron academy incorporated. 1821. p. 34. County academy incorporated and lottery for its benefit. 1824. p. 3. Huntsville academy incorporated. 1824. p. 26. Female academy in Monticello incorporated, &c. 1825. p. 10. * Constitutional hall academy incorporated. 1826. p. 27. Jefferson.—County academy, trustees appointed and part of poor school fund added to academy fund. 1827. p. 5. Part of the act of 1827 repealed. 1828. p. 18. Jones.—Clinton academy incorporated. 1822. p. 31. Fines and forfeitures arising from criminal prosecutions add- ed to academies. 1821. p. 106. fortville academy incorporated. 1822. p. 3. Farmers academy incorporated. 1822. p. 5. Farmers academy name changed to Planters academy. 1823. p. 21. Flat Shoal academy incorporated. 1826. p. 22. The act amended distributing the poor school fund. 1827. p. 24. Lottery authorized for the benefit of Clinton academy. 1827. p. 26. Laurens. Lee. Liberty.—Walthourville academy incorporated. 1823. p. 22. Lincoln.--The academy at Lincolton incorporated, called session. 1821. p. 34. Fines and forfeitures arising from criminal prosecutions to go to the benefit of the county academy. May 1821. p. 23. Goshen academy incorporated. 1824. p. 25. Double Branch academy incorporated. 1825. p. 16. Lowndes.—County academy funds vested in the poor school fund and trustees appointed. 1826. p. 19. Madison.--lnferior court authorized to appropriate one or more lots to build an academy on. 1820. p. 83. County academy incorporated. 1823. p. 26. Repeals 2d sec. of the above act. 1821. p. 4, PRIVATE AND LOCAL ACTS. 385 Lottery authorized for the benefit of Madison county acade- my. 1828. p. 17. Marion.—County academy incorporated. M'Intosh.--County academy commissioners appointed. 1821. p. 134. 148. Female asylum incorporated. May 1821. p. 18. Commissioners appointed and academies incorporated. 1822. P. 11. County academy commissioners authorized to establish one or more poor schools. 1823. p. 19. Merrewether.—County academy incorporated. 1828. p. 15. Monroe.—Forsyth academy incorporated. 1824. p. 15. Towaliga academy incorporated. 1826. p. 13. Rock Spring academy incorporated. 1827. p. 9. Cicero academy incorporated. 1827. p. 27. Concord academy incorporated. 1828, p. 7. Hebron academy incorporated. 1828, p. 20. Redlick academy trustees appointed and incorporated. 1829. p. 8. Montgomery.—To consolidate the poor school and academi- cal fund. 1829. p. 11. Morgan.—Madison academy lottery authorized, the benefit of 1825. p. 3. Oak Grove academy incorporated. 1826. p. 30. Muscogee.—Academy in the town of Columbus incorporated and named. 1828, p. 14. Newton.—County academy at Covington incorporated. 1822. p. 8. Leaksville academy incorporated. 1823. p. 15. To authorize the inferior court to lay off a lot in Covington for academical purposes. 1824. p. 7. Jefferson academy incorporated. 1826. p. 26. County academy at Covington, inferior court authorized to convey a lot of land to build an academy upon. 1828. p. 6. Oglethorpe.—Prospect academy incorporated. 1820. p. 102. Hermon academy incorporated. 1821. p. 56. To entitle the incorporated academies to full dividend of the academy fund. 1824, p. 22. Arthur academy incorporated. 1826. p. 15. Pike.—Zebulon academy incorporated. 1825. p. 6. Pulaski.-County academy, commissioners for appointed. 1821. p. 125. 49 386 APPENDIX. Pulaski.-Commissioners appointed and academy incorpo- rated. 1822. p. 11. To amend the title of the act establishing academies. 1823. p. 23. Putnam.—Harmony academy incorporated. 1823. p. 24. Eatonton academy lottery authorized for the benefit of 1826. p. 116. Rabun.—Commissioners for academy appointed. 1821. p. 125. Clayton academy incorporated. 1824. p. 23. Academy fund added to the poor school fund. 1826. p. 29. 1827. p. 11. Randolph.-County academy trustees appointed and incor- porated. 1829. p. 8. Richmond.—Trustees of the academy authorized to convey a lot to erect a building to educate poor children. 1820. p. 66. The justices of the inferior court authorized to purchase a lot of land whereon to erect a suitable building to maintain and educate the poor of said county. 1820. p. 83. Freeschool Society incorporated. 1821. p. 111. Scriven.—Commissioners of academy appointed. 1820. p. 102. Commissioners entitled to a full dividend of the academy fund. 1825. p. 13. County academy incorporated. 1828. p. 21. Talbot.—Washington academy incorporated. 1828. p. 15. Taliaferro.—Crawfordville academy incorporated. 1826. p. 8. Tatnall.—County academy, commissioners for appointed. Called session. 1825. p. 33. Tatmall.—County academy fund added to the poor school fund, &c. 1826. p. 6. County academy fund vested in the poor school fund, and trustees appointed. 1827. p. 10. Telfair.—County academy incorported, &c. 1823. p. 18. County academy fund added to the poor school fund. 1825. p. 13. Repeals a former law. 1826. p. 9. Thomas. Troup.–County academy incorporated. 1827. p. 3. Vernon academy trustees appointed and incorporated. 1829. p. 8. Twiggs.--Jefferson academy incorporated. 1828, p. 17. Upson.—Thomaston academy incorporated. 1825, p. 17. Franklin academy incorporated, 1826, p. 23. PRIVATE AND LOCA H, ACTS. 387 Opson.—The act incorporating Franklin academy amended. 1827. p. 13. Walton.—County academy commissioners for, appointed. 1821. p. 125. Social circle academy incorporated. 1828. p. 15. Warr.—County academy fund vested in the poor school fund. 1826. p. 3. and 1825. p. 13. Repeals a law respecting the county academy. 1826. p. 9. Poor school fund divided among the districts laid of, &c. 1827. p. 8. Lots No. 10 and 100 sold for the benefit of educating poor children. Warren.—County academy, commissioners for appointed. 1821. p. 125. Monaghan academy incorporated. 1826. p. 13. Amsden academy on William's creek incorporated. 1827. p. 16. Locust Grove academy incorporated, &c. 1827. p. 22. Płashington.—County academy, lottery authorized for the benefit of 1827. p. 15. Wayne.—Mineral Spring academy incorporated. 1824. p. 21. Wilkes.—Mallorysville academy incorporated. 1821. p. 10. Wilkinson.—County academy incorporated. 1824. p. 21. County academy, commissioners for appointed. 1821. p. 132. —éSe- CHURCHES. Baldwin.—To grant to the Methodist and other religious So- cieties in Milledgeville, half acre lot on the state house Square to erect a church on. 1822. p. 17. Authorizes the commissioners of the town of Milledgeville to convey a lot to each religious Society for a parsonage lot. 1823. p. 40. | Trustees of Presbyterian church in Milledgeville incorpora- ted. 1828. p. 51. Bibb.--To incorporate the Presbyterian, Episcopalian, and Baptist churches in Macon. 1826. p. 78. Camden.—To incorporate the Independent Presbyterian church in St. Mary's. 1828. p. 48. Clark.--To incorporate the trustees of the parsonage pro- perty in Salem, 1825. p. 48, 388 APPENDIX. Clark. To incorporate the Methodist and Presbyterian churches in Athens. 1828. p. 50. Chatham.—White Bluff, to regulate the elections of trustees, &c. 1829. p. 42. Presbyterian church. May, 1821. p. 29. Crawford.—To authorize the inferior court to convey lots to each religious Society. 1823. p. 42. De Kalb.--To incorporate the Presbyterian church in De- catur. 1827. p. 80. Fayette.—Inferior court authorized to lay off lots for the Bap- tist, Presbyterian, and Methodist. 1825. p. 51. Greene.—To incorporate the Presbyterian and Baptist Union church in Greensborough. 1828. p. 44. Henry.—Inferior court authorized to convey lots to each re- ligious Society. 1823. p. 41. Jones.—Walnut Baptist church incorporated. 1824. p. 36. McIntosh.--To incorporate the Independent Presbyterian church in the city of Darien. 1820. p. 84. Amends the above act. May, 1821. p. 21. Monroe.—lnferior court authorized to convey a lot to the Baptist Society. 1824. p. 35. Morgan.-Inferior court authorized to convey lots in Madi- son, to Presbyterian, Baptist, and Methodist. 1824. p. 34. Muscogee.—Governor authorized to grant a lot in Columbus for Methodist society. 1828. p. 48. Governor authorized to grant a lot in Columbus for. Baptist Society. 1829. p. 44. Oglethorpe.—To incorporate Salem church. 1820. p. 100. To incorporate the Presbyterian church in Lexington. 1827. p. 81. To incorporate the Methodist church in Lexington. 1827. p. 193. Richmond.—Amends the act incorporating the Roman Ca- tholic Society in Augusta. 1820. p. 56. Trustees of Richmond academy authorized a lot for Female Asylum. 1820. p. 66. Harrisburg Presbyterian church incorporated. 1825. p. 48. Unitarian Society in Augusta incorporated. 1826. p. 75. For the benefit of the Protestant Episcopal church in Au- gusta. 1826. p. 77. Scriven.—To incorporate the Methodist Church in Jackson- borough. 1828. p. 47. Upson.-lnferior court authorized to lay off lots in Thomas- ton for Presbyterian, Methodist and Baptist. 1825. p. 50. Warren.—Union Baptist church incorporated. 1825. p. 47. PRIVATE AND LOCAL ACTS. 339 Warren.—Williams Creek Baptist church incorporated. 1826. p. 74. Roman Catholic church of the Purification, at Locust Grove, incorporated. 1826. p. 76. To incorporate the trustees of Baptist church in Warrenton. 1829. p. 44. PWilkes.—To incorporate the Baptist and Presbyterian churches in Washington. 1827. p. 79. ——éºe—— DIVORCES. 1821. p. 54.56. 73.98. 100. 104. 109. 119.—1822. p. 38 to 41.--1823. p. 64 to 69.-1825. p. 77 to 87.—–1826. p. 80 to 86. —1827, p. 83 to 86.—1829. p. 50 to 68. --e Se--- ELECTION DISTRICTS ESTABLISHED. Appling. 1823. p. 70. Extra session, 1825. p. 17. Bryan. 1824. p. 66. Burke. 1821. p. 70. 1823. p. 76. 1825. p. 105. 1827. p. 95. 1829. p. 82. Camden.—1821. p. 105. 1822. p. 45. 1823. p. 72. Campbell.—1829. p. 76. Carroll.—1827. p. 99. 1829. p. 84. Columbia.-1825. p. 91. 1826, p. 85. oweta.-1827. p. 99. 1828. p. 80. De Kalb.-1823. p. 73. 1827, p. 97. Décatur.—1825. p. 107. 1826. p. 91. 1829, p. 83. Dooley.—1824. p. 64. 1826. p. 93. 1829. p. 81. Early.—1822. p. 44. 1823. p. 70. 1826. p. 91. 1827. p. 96. Elbert.—1825. p. 102. 1827, p. 91, Emanuel.—1824. p. 63. 1826. p. 95. Fayette.—1825. p. 95. 1827, p. 88. 1828. p. 80. Franklin.-1823. p. 73. 1825. p. 110. 1828. p. 78. Glynn.—1824. p. 62. 1825. p. 100. 1829. p. 80. Gwinnett.—1823. p. 73, 1824. p. 61. 1825. p. 94. 1827. p.93. 1828, p. 77. Habersham.—1821, p. 70. 1823. p. 76. 1825. p. 110, 1827. p. 92, 1828, p. 78. 1829, p. 74. 390 APPENDIX. Hall.—1823. p. 73. 1825. p. 98. 1828. p. 80. Harris.-1828. p. 83. 1829. p. 86. Henry.—1823. p. 73. 1826. p. 95. 1827. p. 97. 1828. ... 79. Irwin.—May, 1825. p. 17. Jasper.—1829. p. 87. Jefferson.—1826. p. 89. 1827. p. 87. Jones.—1826. p. 94. 1827. p. 90. Lee.—1827. p. 96. 1829. p. 26. Liberty.—1824. p. 60. 1826. p. 88. Lowndes.—1828. p. 84. 1829. p. 89. Marion.—1829. p. 75. Merrewether.—1828. p. 85. 1829. p. 73. McIntosh.-1825. p. 96. 1827. p. 91. Montgomery.—1825. p. 98. Muscogee.—1829. p. 90. Pike.—1827. p. 96. 1828. p. 80. 1829. p. 79. Pulaski.-1825. p. 108. 1827. p. 93. Putnam.—1829. p. 78. Rabun.—1823. p. 76. 1826. p. 92. 1823. p. 77. Randolph.-1829. p. 84. Richmond.—1823. p. 73. Scriven.—1825. p. 104. Talbot.—1828. p. 75. Tatnall—1824. p. 63. 1826. p. 87. 1827, p. 94. 1829. . 88. / Telfair.—1823. p. 70. 1825. p. 97. 1829. p. 92. Troup.–1828. p. 74. Twiggs.—1829. p. 70. Upson.—1826. p. 92. 1827. p. 101. Walton.—1828. p. 80. 1829. p. 72. Warrem.—1826. p. 96. 1827, p. 102. 1828, p. 79. Ware.—May, 1825. p. 17. Wayne.—1825. p. 92. Washington.—1825. p. 100. Wilkes.—1826. p. 90. 1827. p. 88. 1829. p. 72. Wilkinson.—1829. p. 84. PRIVATE AND LOCAL ACTS. 391 ORGANIZATION AND DIVISION OF COUNTIES, AND OTHER LOCAL COUNTY MATTERS. Appling.—To relieve certain fortunate drawers, 1820. p. 70. Extra tax, 1821. p. 31. Part of, added to Telfair, 1825. p. 61. Where clerk's office to be kept, 1822. p. 20. Baker.—County formed. 1825. p. 61. Organized. 1825. p. 65. Taxes collected. 1826. p. 163. Baldwin.—Extra tax. 1820, p. 2. 1822, p. 42. 1823, p. 202. Road laws amended. 1824, p. 87. 1825, p. 139. Part of Washington added to. 1826. p. 63. Bibb.-County laid out. 1822. p. 21. Burke.—Regulations for the benefit of the poor. 1826, p. 102. 1828, p. 55. 1829, p. 150. Road laws amended. 1824, p. 89. 1827, p. 170. Clerk land court to be appointed. 1827. p. 56. Butts.—County laid out. 1825. p. 63. MºIntosh's Reserves disposed of 1827. p. 119. Rate of toll on Toweliga regulated. 1827. p. 172. Jurisdiction extended over the Ocmulgee and islands. 1829. p. 27. Camden.—Line defined adjoining Wayne. 1820. p. 42. New road cut, and lottery authorized for that purpose. 1823. p. 127. New road opened and commissioners appointed. 1824, p. 94. Road laws amended. 1825, p. 157. 1827, p. 166. 1828, p. 137. 1829, p. 147. Campbell.—County laid out. 1828. p. 56. Sheriffs authorized to advertise in a paper of Macon. 1829. p. 162. Carroll.—County laid out. 1826, p. 57. Part added to Campbell county. 1828. p. 56. Chatham.—Legionary corps established. 1820, p. 44. 1822, p. 60. Slaves of released from working the roads in Bryan county. 1822. p. 110. Vesting certain funds in the inferior court. 1823. p. 55. Volunteer companies may recruit. 1823. p. 101. Patrol laws to be enforced. 1823. p. 161. Defining and altering the patrol laws, &c. 1824. p. 76. Road laws amended. 1823, p. 130, 1827, p. 171, 1828, p. 189. 1829, p. 146. 392 APPENDIX. Chatham.—Ungranted lands added to certain societies. 1829. p. 103. Sheriff's and constable's duty in certain cases. 1829. p. 164. Clark-Part of added to Madison. 1829. p. 28. | Columbia.-Estrays may be advertised in the Constitution- alist of Augusta. 1828. p. 42. Coweta.--County laid out. 1826. p. 57. Crawford.—County laid out. 1822. p. 21. Part added to Upson. 1824. p. 43. Old Agency on Flint river added, 1826. p. 60. Part of Talbot and Marion added to, 1827. p. 68. To make valid certain sales of land, 1829. p. 129. Extra Tax, 1829. p. 180. Decatur.—County laid out, 1823, p. 63. Part of, added to Thomas, 1828. p. 54. Organized, 1823. p. 57. Where clerks are to keep their offices, 1824. p. 38. De Kalb.-County laid out, 1822, p. 21. Line with Newton defined, 1826. p. 62. Part of, added to Campbell, 1828, p. 56. Part of Gwinnett added to, 1828. p. 54. Dooley.——County laid out, extra Session, 1821. p. 3. Organized, 1821. p. 44. Site for public buildings fixed, &c. 1824. p. 140. Where the clerks are to keep their offices, 1822, p. 20, 1828. p. 42. Part of, added to Pulaski, 1826. p. 64. Part added to Lee, 1827. p. 71. Sheriffs' bonds reduced, 1828. p. 143. Early.--Where clerks are to keep their offices, 1822, p. 20. Divided, and Decatur formed, 1823. p. 63. Organized, 1825, p. 65. Effingham.—Road laws altered, 1823, p. 132. 1828. p. 137. Elbert.—Provisions made for the poor, 1826. p. 102. 1828. p. 55. Sheriffs may advertise in a paper in Milledgeville, 1827. p. 176. Road laws altered, 1826, p. 128. Emanuel.—Justices of the inferior court authorized to make titles to a lot of land, 1823 p. 115. Where the clerk of the S. C. is to keep his office, 1825. p. 52. Sheriffs may advertise their sales in a paper printed in Mil- ledgeville, 1829 p. 101. PRIVATE AND LOCAL ACTS. 393 Fayette.—County laid out, extra session, 1821. p. 3. Organized, and Flint circuit formed, 1821. p. 44. Part of added to Campbell. 1828. p. 56. Franklin.-Line defined with Habersham and Hall. 1820. p. 88. Line adjoining Jackson defined, and part added to Jackson. 1821. p. 54. -- Extra tax. 1821. p. 62. Certain acts of sheriffs legalized. 1822. p. 108. Sheriffs may advertise in some paper in Milledgeville. 1822. p. 108. Part of added to Madison. 1823. p. 55. Extra tax. 1829. p. 181. & Glynn.-Part of added to the county of Wayne. 1820. p. 54. Extra tax. 1821. p. 21. 1823. p. 204. Part of Wayne added to. 1822, p. 27. Road laws altered. 1822. p. 97. 1824. p. 92. 1825. p. 22. 1820. p. 51. 96. 1822, p. 97. 1823. p. 116. 1824. p. 92. 1825. p. 160. 1826. p. 127. 1827. p. 162. 1829. p. 151. To regulate the trading of merchants, shop-keepers, &c. 1827. p. 67. 1829. p. 28. / Gwinnett.—The eleventh section of the law of 1818, organiz- ing that and other counties, repealed. 1820. p. 46. To define the line with Walton. 1820. p. 61. Part of Jackson added to. 1820. p. 88. Sheriffs may advertise in some paper in Milledgeville. 1822. p. 106. Road laws altered. 1828. p. 136. Where sheriff to keep his office. 1828. p. 142. Part of added to De Kalb. 1829. p. 30. Habersham.—The eleventh section of the law of 1818, orga- nizing that and other counties, repealed. 1820. p. 46. Part of Jackson added to. 1820. p. 88. Sheriff may advertise in some paper in Milledgeville, 1822. p. 106. Part of added to Rabun. 1828. p. 58. Hall.—The eleventh section of the law of 1818, organizing that and other counties, repealed. 1820. p. 46. Inferior court may appoint a place to hold elections and courts. 1820. p. 90. An additional company of volunteer riflemen. 1827. p. 136. 50 APPENDIX, Hall.—Sheriffs may advertise in some paper in Milledge- ville. 1824. p. 123. Hancock.-Sheriff's sales legalized. 1823. p. 159. Part of added to Taliaferro. 1825. p. 58. 1828. p. 52. Sheriffs and coroner to advertise in Hancock Advertiser. 1827. p. 75. Provisions for the poor. 1828, p. 55. Harris.-County laid out. 1827. p. 69. Organized. 1827. p. 65. Part of added to Muscogee. 1829. p. 30. Henry.—County laid out. Extra session. 1821. p. 3. Part of added to Walton. 1821. p. 33. Organized and Flint circuit formed. 1821. p. 44. To make valid certain records. 1829. p. 124. Houston.—County laid out. Extra session, 1821. p. 3. Organized and Flint circuit formed. 1821. p. 41. Part of, added to Pulaski. 1828. p. 54. Jefferson.——Extra tax. 1821. p. 108. Irwin.—Public site fixed. 1824. p. 55. Road laws altered. 1829. p. 46. Jackson.—Part of added to several counties. 1820. p. 88. Line with Franklin defined, and a part of Franklin added fo. 1821. p. 54. Jasper.—Part of added to Walton. 1820. p. 80. Part of added to Newton. 1822. p. 26. Extra tax. 1821, p. 116. Asylum provided for the poor. 1829. p. 110. Jones.—Extra tax. 1820. p. 43. Reserve at Fort Hawkins added to. May, 1821. p. 12. Part of added to Bibb. 1822. p. 21. For the encouragement of the Independent Blues of Clin- ton. 1824. p. 75. Provisions for the poor. 1829. p. 110. Laurens.—Extra tax. 1821. p. 26. Road laws altered. 1827. p. 170. 1828. p. 140. To relieve the securities of tax collectors for the year 1818, 1829. p. 131. Lee.—County laid out. 1826. p. 57. Part of Dooley added to, 1827. p. 71. Part of added to Randolph. 1828, p. 53. Sheriffs may advertise in Macon. 1829, p. 162. Liberty.—Extra tax. 1820. p. 47. Where battalion musters are to be held. 1825, p. 121, PRIVATE AND LOCAE, ACTS. 395 Liberty.—To regulate the trading of merchants, &c. in. 1826. p. 65. 1829. p. 29. Regulates musters. 1826. p. 124. Lincoln.—For the encouragement of volunteer companies. 1829. p. 106. Lowndes.—County formed. 1825. p. 54. Organized. 1825. p. 55. . Courts and elections moved. 1826. p. 63. Part of, added to Thomas. 1826. p. 66. Inferior court to lay off militia districts. 1826. p. 125. Defining the duty of receiver and collector of taxes. 1826. p. 164. Records to be transcribed and legalized. 1828. p. 43. Madison.—Sheriffs may advertise in some paper in Milledge- ville. 1822. p. 108. Part of Franklin added. 1823. p. 55. Sheriffs may advertise in the Athenian. 1827. p. 176. Marion.—County laid out. 1827. p. 71. Part added to Crawford. 1827. p. 68. Sheriffs bonds reduced. 1828. p. 144. Part of, added to Muscogee. 1829. p. 25. M'Intosh.-Jailor may refuse to receive prisoners from other counties. 1823. p. 61. Extra tax. 1822, p. 42. For the benefit of the Darien hussars. 1823. p. 99. Road laws altered. 1821. p. 40. Merrewether.—County laid out. 1827. p. 70. Monroe.—County laid out. May, 1821. p. 3. Organized and added to Flint circuit. 1821. p. 44. To make valid certain acts of the sheriff and his deputy. 1822. p. 108. * For the encouragement of volunteer companies. 1829. p. 106. Asylums for the poor. 1829. 110. Montgomery.—Part of Telfair added to. 1820. p. 75. J. I. C. commissioners of public buildings. 1821. p. 9. Morgan.-Defining the line with Newton, and part added to Newton. 1823. p. 61. Extra Session of the Superior court authorized. 1824. p. 52. Newton.—County laid out. 1821. p. 28. Part of, added to Jasper. 1822. p. 26. Line defined with Walton. 1822. p. 27. Line with De Kalb defined. 1826. p. 62. Oglethorpe.—Sheriff authorized to advertise in a Milledge- ville paper. 1820. p. 10. 396 APPENDIX. Oglethorpe.—Extra tax. 1820. p. 92. Part of, added to Taliaferro. 1825. p. 58. Pike.—County laid out. 1822. p. 21. Part of, added to Upson. 1824. p. 43. Part of Upson added to. 1825. p. 60. Pulaski—Part of Dooley added to 1826, p. 84. Part of Houston added to. 1828, p. 54. Putnam.—Regulating troop of cavalry. 1824. p. 72. Agricultural society incorporated. 1820. p. 10. Extra tax. 1821. p. 116. Rabun.—Sheriffs may advertise in a paper in Milledgeville, 1822. p. 106. Part of Habersham added to. 1828. p. 58. Road laws altered. 1827. p. 168. 1828. p. 138. Randolph.-County laid out. 1828. p. 53. Commissioners to select a public site. 1829. p. 191. Richmond.—For the benefit of the education of the poor. 1820. p. 83. Militia laws altered. 1824. p. 73. Regulating drawing and arranging jurors. 1826. p. 70. St. Andrew's Society incorporated. 1826. p. 160. Road laws amended. 1826. p. 126. To regulate militia and fire companies, and volunteer corps in Augusta. 1828. p. 115. Talbot.—County laid out. 1827, p. 69. Part added to Crawford. 1827. p. 68. Tatnall—Road laws altered. 1821. p. 36. Extra tax. 1822. p. 76. Sheriffs' bonds reduced. 1828. p. 142. Telfair.—Part of, added to Montgomery. 1820. p. 75. Part of Appling added to. 1825. p. 61. Taliaferro.—County laid out. 1825. p. 58. The act laying out explaimed and amended. 1826. p. 60. Part of Hancock added to. 1828. p. 52. Part of Wilkes added to. 1828. p. 52. Thomas.—County laid out. 1825. p. 54. Organized. 1825. p. 55. The act organizing amended. 1826. p. 61. Part of Lowndes added to. 1826. p. 66. Collection of taxes regulated. 1827, p. 161. Troup.–County laid out. 1826. p. 57. Organized. 1827. p. 65. Twiggs.-Part added to Bibb. 1822. p. 21. Upson.-County laid out. 1824, p. 43. PRIVATE AND LOCAL ACTS. 397 Upson.—Part of, added to Pike. 1825. p. 60. Walton.—Repeals 11th section organizing, and authorizes the inferior court to sign land warrants. 1820. p. 46. To alter and define the line with Gwinnett. 1820. p. 61. Part of, added to Jasper. 1820. p. 80. To define the line with Newton, 1822. p. 27. Sheriffs to advertise sales in Georgia Journal. 1822. p. 105. Part of, added to Henry, and a part of Henry added to. 1821. p. 33. Ware.—County laid out. 1824. p. 44. Where the clerks to keep their offices. 1825. p. 52. 1827. p. 78. To reduce the amount of the sheriff's bond. 1827. p. 176. Warren.—Extra tax. 1820. p. 91. Part of, added to Taliaferro. 1825. p. 58. Washington.—Part of, added to Baldwin. 1826. p. 63. Asylum provided for the poor. 1829. p. 112. Wayne.—Amending the act defining the line with Camden. 1820. p. 42. Part of Glynn added to. 1820. p. 54. Records to be transcribed, 1820. p. 55. Part of, added to Glynn. 1822. p. 27. Road laws amended. 1825. p. 154. Sheriff's bonds reduced. 1829. p. 166. Where clerks to keep their offices. 1829. p. 193. PWilkes.—What amount of bond the clerk of inferior court must give. 1825. p. 53. May hold an extra session of the inferior court. May, 1821. p. 26. For the benefit of the poor. 1825. p. 128. Clerk may advertise estrays in the Washington News. 1828. p. 41. Part of, added to Taliaferro. 1825. p. 58. 1828. p. 52. Wilkinson.—Extra tax. 1821. p. 103. Records, &c. destroyed by fire, how established, &c. 1828. p. 121. --CŞe— TOWNS. Athens (Clark), 1822. p. 128. Augusta (Richmond), 1820. p. 45, 50, 56. 1821. p. 7, 1822. p. 50. 1823. p. 135, 173. 1824, p. 138. May, 1825. p. 16. 398 APPENDIX. 1825. p. 182, 1826. p. 160, 177. 1827. p. 190. 1829. p. 134, 173, 184. Bainbridge (Decatur), 1824. p. 153. 1829. p. 186. Berrien (Dooley), 1828. p. 150. Blakely (Early), 1826. p. 174. Brunswick (Glynn), 1825. p. 180. 1826. p. 175. 1828. p. 168. Byron (Baker), 1828. p. 165. Campbellton (Campbell), 1829. p. 189. Carnesville (Franklin), 1822. p. 133. Carrolton (Carroll), 1829, p. 201. Clarksville (Habersham), 1823. p. 116. Clayton (Rabun), 1821. p. 32. 1823. p. 196. Clinton (Jones), 1821. p. 75. 1823. p. 171. 1824. p. 152. 1829. p. 176. Columbus (Muscogee), 1827. p. 183. 1828, p. 153. 1828. p. 167. f Covington (Newton), 1822. p. 123. 1825. p. 181. Crawfordville (Taliaferro), 1826. p. 169. Darwen (M'Intosh), 1820. p. 52, 88. 1821. p. 14, 16, 24, 71, 120. 1824. p. 143. 1823. p. 99. 1829. p. 195. Decalur (De Kalb), 1823. p. 169. 1825. p. 178. Dublin (Laurens), 1820. p. 103. Eatonton (Putman), 1825. p. 179. 1827. p. 189. Ebenezer (Effingham), 1820. p. 33. 1821. p. 30, 95. Elberton (Elbert), 1824. p. 131. 1828. p. 169. Fayetteville (Fayette), 1823. p. 178. 1827. p. 188. Forsyth (Monroe), 1823. p. 198. 1824. p. 134. Franklinsville (Lowndes), 1828, p. 151. Frederica (Glynn), 1826. p. 175. 1828. p. 168. Gainsville (Hall), 1821. p. 6, 1823. p. 175. Greenville (Merrewether), 1828, p. 149. Hamilton (Harris), 1828. p. 149. Homesville (Appling), 1828, p. 168. Jackson (Butts) 1826. p. 177. Jacksonborough (Scriven), 1823. p. 184. Rnoxville (Crawford), 1823. p. 170. 1825. p. 183. Lagrange (Troup), 1828, p. 152. Lawrenceville (Gwinnett), 1821. p. 37. 1823, p. 163. 1829. p. 194. Leavington (Oglethrope) 1826. p. 176. Lincolnton (Lincoln), 1820. p. 95. Macon (Bibb), 1822. p. 112. 1823. p. 35, 162, 178, 200. PRIVATE AND LOCAL ACTS. 1824. p. 90, 142, 143, 145, 151. 1825. p. 144, 145,173. 1826. p. 167, 168. 1827. p. 114. 1829. p. 176, 181. Madison (Morgan), 1822. p. 116. Marion (Twiggs), 1820. p. 14, 1823. p. 183. McDonough (Henry), 1823. p. 188. Monroe (Walton), 1821. p. 3. Milledgeville (Baldwin), 1820. p. 30, 67. 1821. p. 73. 1822. p. 115, 116. 1828. p. 147. 1826. p. 172. Newman (Pike), 1823. p. 186. [The county site of Pike is now called Zebulon.] Newmam (Coweta), 1828. p. 149. Petersburgh (Elbert), 1828. p. 66. Perry (Houston), 1823. p. 172. 1824. p. 148. 1825. p. 174. 1828, p. 159. Ruckersville (Elbert), 1822. p. 127. Salem (Clark), May, 1821. p. 24. Savannah (Chatham), 1820. p. 47, 53, 55, 79. 1821. p. 23. 81. 1822. p. 116, 132, 150. 1823. p. 101, 161, 195. 1824. p. 76, 111, 141, 147, 150. May, 1825. p. 16. 1825. p. 179, 186. 1826. p. 156. 1827. p. 75. 1828. p. 157, 158. 1829. p. 186, 187, 196. w Sandersville (Washington), 1820. p. 64. Sparta (Hancock), 1822. p. 117. 1827. p. 177. Springfield (Effingham) 1825. p. 176. St. Mary's (Camden), 1820. p. 76. 1822. p. 58. 1823. p. 193. 1824. p. 145. 1825. p. 175, 1826. p. 175. 1829, p. 190. Summerville (Richmond), 1823. p. 33. Swainsborough (Emanuel), 1822. p. 126. Talbotton (Talbot), 1828. p. 149. Thomaston (Upson), May, 1825. p. 23. Thomasville (Thomas), 1826. p. 173. Vernon (Troup), 1829. p. 182. Watkinsville (Clark), 1822. p. 129. Waynesborough (Burke), May, 1821. p. 28, Washington (Wilkes), 1821. p. 17. •-' 400 APPENDIX. FORMS. ATTACHMENT. (See Law, p. 11.) Attachment may be issued on the following grounds, to wit: 1. Where the debtor resides out of the State. 2. Where he is actually removing out the State or any county. 3. When he absconds. 4. When he conceals himself: and, 5. When he stands in defiance of a peace officer. Upon any one of these grounds an attachment may issue, in the following manner. Form of the Oath. Georgi Before me, David Marks, a justice of the €Orgla, Coun º peace, personally came John Jones, who, being duly sworn, deposeth and saith that James Jacobs is justly indebted to deponent in the sum of one hundred dollars, and that the said James, [here insert the ground on which the attachment is issued], so that the ordi- nary process of the law cannot be served upon him. John Jon Es. Sworn to and subscribed before me, this ninth day of March, eighteen hundred and thirty. David Marks, J. P. Form of Bond. [The bond must be taken in double the amount of the debt.] Georgi Know all men by these presents, that we, º f { John Jones and Richard Roe, are held and Ounty: firmly bound unto James Jacobs, his heirs and assigns, in the just and full sum of two hundred dollars, for the true performance of which we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this ninth day of March, eighteen hundred and thirty. The condition of the above obligation is such, that whereas the above bound John Jones hath this day prayed an attach- ment against the said James Jacobs, which is now about to be sued out, returnable to the next superior court, to be held in and for the county aforesaid, -Now, if the said John shall pro- secute the same with effect at said court, and shall satisfy and pay all costs which may be incurred by the said James, in FORMS. 401 case the said John shall discontinue or be cast in his suit, and also all damages which may be recovered against the said John for suing out the same: then the above obligation to be Void, else to remain in full force. John Jones, [L.S.] RICHARD Roe. [L.S.] Test, David Marks, J. P. Form of the Attachment. Georgia By David Marks, a justice of the peace tº * ! for the said county, 3/. To the sheriff of said county, or his deputy, or any lawful constable thereof, greeting: --- Whereas, John Jones hath this day made oath before me, that James Jacobs, late of said county, is justly indebted to him in the sum of one hundred dollars, and that the said James [here insert the grounds sworn to] so that the ordinary process of law cannot be served upon him, and that the said John having given bond and security in terms of the law in such case made and provided. I do therefore command you to attach the estate both real and personal of the said James, if to be found in your county, or so much thereof, as shall be of sufficient value to satisfy the demand and costs of the said John, and such estate so attach- ed in your hands to secure, to answer the complaint of the said John at the Superior court to be held on the second Monday in September next; and also that you levy this attachment upon the said estate both real and personal, either in the hands of any person indebted to, or having effects of the said James, and summon such person to appear at the court aforesaid, there to answer on oath, what he is indebted to, or what effects of the said James, he hath in his hand, or had at the time of levying this attachment, and that you advertise your proceedings in the premises according to law. Hereof fail not, and have you at said court this writ. Given under my hand and seal this ninth day of March, eighteen hundred and thirty. David Marks, J. P. [L. s.] 51 402 APPENDIX. Summons for Garnishee. Georgia You are hereby required personally to at: cºm ty: tend at the Superior court to be held for said county, on the second Monday in September next, to answer upon oath in an attachment at the instance of John Jones v. James Jacobs, what you are indebted to the said James, or what effects you have in your hands, or had at the time of levying said attachment, this ninth day of March, eigh- teen hundred and thirty. Isaac Marble, Constable. Form of the Levy. I have levied the within attachment upon a [slave by the name of Böb, the property of the same James Jacobs] and have summoned Joshua Tight as a garnishee, and also have adver- tised my proceedings according to law, this ninth day of March, eighteen hundred and thirty. Isaac Marble, Constable. Advertisement. All persons concerned are desired to take notice, that I have this day levied an attachment, at the instance of John Jones vs. James Jacobs, on a [slave by the name of Bob, the property of the said James] and have summoned Joshua Tight as a garnishee in said case, the same being returnable to the next Superior court for the county of this ninth day of March, eighteen hundred and thirty. Isaac Marble, Constable. CORONER's INQUEST.S. [Precept to summon a jury. Seep. 88.] Process for Witnesses. To Charles Goodman. Georgia You are hereby required that laying all bu- : º 7th/: siness aside, you do personally appear before Q/: me, A. B., the coroner of said county, on the tenth day of March ensuing, at — in the said county, then and there to be sworn, and the truth to say, touching the death of David Pasture. Given under my hand and seal, this ninth day of March, eighteen hundred and thirty. THOMAS LUDRY, [L. S.] FORMS. 403 [Oath of witness, oath of jurors, and charge to jury. See p. 89.] Inquisition. An inquisition indented, taken at in the year of our Lord one thousand eight hundred and thirty, before A. B., the coroner, of and in the said county, upon the view of the body of David Pasture, then and there lying dead, upon the oath of C. D., E. F., G. H., &c. good and lawful men of the county aforesaid; who, being sworn and charged to inquire on the part of the State aforesaid, when, where, how and after what manner the said David Pasture, came to his death, do say upon their oath, that [here insert the manner the deceased came by his death, when, who by, with what weapon, who were aiding and abetting, and all felonious circumstances developed by the witnesses.] In witness whereof, as well the aforesaid coroner, as the jurors aforesaid, have to this inquisition put their hands on the day and year aforesaid, and at the place aforesaid. E. F. ! Jurors. G. H., &c. Georgia, County: A. B., Coroner. D.E.B.T.O.R.S. Debtor's Family. (See p. 93.) e A schedule of articles exempt from seizure Georgia. d sale i ion of A. B. of said t County; and sale in possession of A. p. or said county, ’2 to wit: [Two beds and bedding, common bed- steads, one spinning wheel, two pair cards, one loom, one cow and calf, one aſce, one hoe, one handsaw, one drawing knife, two chi- sels, three augers, two pots, one oven, one skillet, two pans, and seven dollars worth of provisions.] Given under my hand this ninth day of March, eighteen hundred and thirty. Miles Moody, Constable. Form of a Bond where a person is taken with a Capias ad Sa- tisfaciendum. (See the law, p. 93.) Georgia Know all men by these presents, that we, tº. { Charles Dooty and Asa Goodall, are held * } and firmly bound to Anderson Gripe, all of said State and county, in the just and full sum of one hundred * 404 APPENDIX. and fifty dollars,” to the true payment of which we bind our- selves, our heirs, executors, administrators, and assigns jointly and severally firmly by these presents, sealed with our seals, and dated this tenth day of March, eighteen hundred and thirty. The condition of the above bond or obligation is such, that whereas, the said Charles Dooty hath been arrested by a capias ad satisfaciendum obtained from the superior court of said county, at the instance of the said Anderson Gripe: Now, should the said Charles Dooty appear at the next term of said superior court, then and there stand to and abide by such pro- ceedings as may be had by the court in relation to his taking the benefit of the act, entitled, an “act for the relief of honest debtors,” passed in the year eighteen hundred and twenty- three, then the above bond to be void, else to remain in full force. CHARLEs Dooty, [L. S.] JAMES SANSOM, [L. S.] Test, ASA GooDALL. [L S.] Daniel Spain, J. P. Form of Notice to Creditors. (See p. 94.) at the next term of the superior court, to be held on the second Monday in September next, to avail myself of the benefit of the act, entitled, “an act for the relief of honest debtors,” passed in eighteen hundred and twenty-three, this tenth day of March, eighteen hundred and thirty. Mr. Henry Saveall. Oath of Insolvent Debtors, 1, Charles Dooty, do solemnly swear, (or affirm, as the case may be,) in the presence of Almighty God, that I am not pos- sessed of any real or personal estate, debts, credits or effects, Securities or contracts whatsoever, my wearing apparel, bed- ding for myself and family, and the working tools or implements of my trade or calling, together with the necessary equipments for a militia soldier excepted, other than are contained in this schedule now delivered, and that I have not directly or indi- rectly, since my imprisonment, or before, sold, leased, assigned, or otherwise disposed of, or made over in trust for myself or G! & SIR-Please to take notice, that I intend, €0rgia, County: CHARLEs Dooty. “ Double the amount of the ca. sa. * FORMS. 405 otherwise, any part of my lands, estates, goods, stock, money, debts, securities or contracts, whereby any money may here- after become payable, or any real or personal estate, whereby to have or expect any benefit or profit to myselſ, my wife, or my heirs: So help me God. 3. CHARLEs Dooty. Sworn to and subscribed in open court, before me, tenth March, 1830. sº Peter Ready, Clerk. DOWER. Form of Petition for Dower. (See law, p. 96.) said county, The petition of Nancy Single, widow and relict of Barnett Single, show- eth : That Barnett Single, late of said county, deceased, de- parted this life, seized and possessed of a certain tract of land on the waters of the Great Kiokee Creek, in said county, adjoining lands of David Solon, on the west, lands of James Johnson, on the south, lands of Jonathan Treadwell, on the east, and lands of Allen Dublin, on the north, containing by resurvey five hundred and forty acres; and your petitioner further shows that the said Barnett has departed this life above the space of three months, and that your petitioner hath given the legal no- tice, to all the parties in interest of this intended petition or ap- plication for dower. Your petitioner therefore, prays your honour to cause a writ of partition to be issued, for the purpose of assigning and setting off the dower, to which your petitioner is entitled in the lands and tenements above named: And as in duty bound will ever pray, &c. this tenth day of March, eighteen hundred and thirty. Georgi To the honourable the superior court of 60rgia, gº NANCY SINGLE. ForM OF GUARDIAN's OATH. (See law, p. 105.) Form of the Oath to obtain a Warrant to apprehend persons ob- structing Water Courses. (See law, p. 129.) Georgi Before me, Samuel Star, a justice of the €0rgia, g County: peace for said county, personally came and ) appeared Thomas Goodman, and being duly sworn, Saith that Robert Troublesome has obstructed more than 406 APPENDIX. two-thirds of the width of the Chattahoochie river, opposite to district number —, by fish traps, dams, &c. THOMAS GooDMAN. Sworn and subscribed before me, this tenth day of March, eighteen hundred and thirty. & Samuel Star, J. P. Georgia ! Whereas, I have this day received infor- 7 mation on oath by Thomas Goodman, that Robert Troublesome has obstructed more than two-thirds of the width of the Chattahoochie river, opposite dis- trict No. —, by fish traps, dams, &c. I do therefore command you to apprehend the body of the said Robert Troublesome and bring him before me or some other justice of the peace for said district, on the [last Saturday of March, inst that he may be dealt with in conformity to the acts of assembly in such cases made and provided. Given under my hand and seal this tenth day of March, eighteen hundred and thirty. Samuel Star, J. P. [L. s.] County: BAIL. Form of Affidavit to obtain a Bail Warrant. (See law, p. 157.) Before me, A. B. a justice of the peace for said county, personally appeared John Look- out, and being duly sworn, saith that Nathan Neverpay is justly indebted to him by note, in the sum of seventy- five dollars, and that he has reason to apprehend the loss of said sum, or some part thereof, unless the said Nathan Never- pay is held to bail. Georgia, County: JoHN Lookout. Sworn and subscribed before me, this tenth day of February, eighteen hundred and thirty. A. B. J. P. Form of the Bail Bond. [The penalty must be double the amount of the debt.] Georgia Know all men by these presents, that we, tº, ſº ! Nathan Neverpay and David Takecare, are **) held and firmly bound to Samuel Lookout, sheriff of said county in the sum of one hundred and fifty dol- lars for the true payment of which, we bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally, firmly by these presents, sealed with our seals and dated this tenth day of February eighteen hundred and thirty. FORMS. 407 The condition of the above bond or obligation is such, that whereas a civil process, requiring bail, at the suit of John Lookout, against the said Nathan Neverpay, in an action of debt, returnable to the superior court for said county on the second Monday of September last, and which bail process returnable to the next term of said court to be held on the second Monday of March next, hath been served on him the said Nathan. Now if the said Nathan in case he be castin the said suit, shall well and truly pay, and Satisfy the condemnation of the court or render his body to prison in execution of the same in terms of the law in such cases made and provided, and upon failure thereof the said David Takecare will do it for him, then the above bond or obligation to be void, else remain in full force. NATHAN NEVERPAY, [L.S.] DAVID TAKECARE. [L.S.]. Test, Thomas Dow. Form of an Affidavit claiming property levied upon. (See Law p. 155.) Before me Alfred Right a justice of the ! peace for said county personally came Mo- ses Takeall, and being duly sworn saith that a negro man by the name of Sam which has lately been levied on by virtue of fi. fa. issued from the superior court of said county, Bolan Roberts vs. Daniel Tight, is his, this deponent's property. Georgia, County: MoSEs TAKEALL. Sworn to and subscribed before me, this tenth day of Feb- ruary, eighteen hundred and thirty. Alfred Right, J. P. Form of the Bond to be taken, which must be double the value of the property levied upon. Georgia, — County: Moses Takeall and Solomon Scruggs are held and firmly bound to Daniel Takecare, sheriff of said county in the just and full sum of six hundred dollars, to the true payment of which we bind ourselves, our heirs, execu- tors, administrators and assigns, jointly and severally, firmly, by these presents, sealed with our seals and dated this tenth day of February, eighteen hundred and thirty. * | Know all men by these presents, that we, 408 APPENDIX. The condition of the above bond or obligation is such, that whereas Daniel Takecare sheriff of said county has this day levied a fi fa. upon a negro man by the name of Sam which said fi. fa. was issued from the superior court of said county Bolan Roberts vs. Daniel Tight, and the said Moses Takeall hath in- terposed his affidavit claiming said negro man Sam. Now should the said Moses Takeall pay to the said Bolan Roberts, the plaintiff in said fi, fa. all damages which the jury on the trial of the right of property may assess against him, in case it should appear, that said claim was made for the purpose of delay, then this obligation to be void, else to remain in full force. MoSES TAKEALL, IL.S.] SoLOMON SCRUGGS. LL.S.] Test, AWathan Token. Form of a Bond for the forthcoming of property when the claim- ant wishes to take, or keep possession of the property claimed. (See law, Prince's Digest, p. 224.) Georgia R Rnow all men by these presents, that we *mºmº ºmsº Cºnn ty: S Moses Takeall and Simon Sampson are held and firmly bound to Daniel Takecare sheriff of said county in the just and full sum of nine hundred dollars, [or, treble the amount of the debt on which the f. fa. is founded.] To the true performance of which we bind ourselves, our heirs, executors, administrators, and assigns, jointly and severally, firmly by these presents, sealed with our seals and dated this tenth day of February, eighteen hundred and thirty. The condition of the above bond or obligation is such that the said Daniel Takecare, sheriff as aforesaid, hath lately levied a fi. fa. issued from the superior court of said county Bolan Roberts vs. Daniel Tight on a negro man by the name of Sam, which has been claimed by the said Moses Takeall. Now should the said Moses deliver the said negro man Sam so levied on at the time and place of sale, or the said Simon for him (pro- vided the man Sam so claimed should be found subject to such execution) then the above bond or obligation to be void; else to remain in full force and virtue. Moses TAKEALL, [L.s.] SIMON SAMPSON. [L.s.] , Test, John Loving. FORMS. 409 Form of Affidavit to obtain a warrant for the restoration of the possession of personal property. (See Law p. 157.) Georgia, — County: the peace for said county, personally came David Honesty and after, being duly sworn Saith that [three slaves, viz. Bob, Sam and Randal (or other per- sonal property) have been taken, enticed or carried away by fraud, violence, seduction or other means (whatever the fact was)] from the possession of this deponent or that [the said negroes or other personal chattel] having been recently in the quiet and legally and peaceably acquired possession of this deponent, have ab- sconded or disappeared without the consent of this deponent, and as he believes have been harboured, received or taken pos- session of [whichever is the fact] by David Troublesome of said county under some pretended claim and without lawful warrant or authority, and that this deponent” claims a title to, or interest in said [negroes or other personal chattel] or the pos- session thereof [as the fact may be.] ſ Before me, Thomas Trueman a justice of DAVID HonesTy. Sworn to and subscribed before me, this tenth day of March, eighteen hundred and thirty. Thomas Trueman, J. P. Form of the Warrant. º To the sheriff of said county or other legal Georgia, Count { officer. ounty: Whereas, I have this day received infor- mation on the oath of David Honesty that [here state particu- larly what was sworn to..] These are therefore to command you to apprehend the body of the said David Troublesome, and also seize the aforesaid property [here name the property in question as in the affidavit, and bring them before me or some other magistrate for said county that such proceedings may be had in the premises as the law directs. Given under my hand and seal this tenth day of March, eighteen hundred and thirty. THoMAs TRUEMAN, J. P. * If the deponent be agent, or attorney bona fide, he must claim as such. 52 410 APPENDIX. Form of Recognisance given by the person to whom the property may be delivered. Georgia Be it remembered, that on the tenth day of º 2 f { March, in the year of our Lord eighteen hun- *) dred and thirty, David Honesty and James York of said county came before me, Thomas Trueman, one of the justices of the peace in and for said county, and did ac- knowledge themselves to owe jointly and severally to David Troublesome the sum of eighteen hundred dollars” current mo- ney of said state under the condition that they cause [here state the property delivered up] to be produced and forthcoming to answer any execution, judgment or decree, that may be had, issued or made upon a suit or action at law or in equity as the said David Troublesome may commence or prosecute within the next four years touching said property, then this recogni- sance to be void, else to remain of full force and virtue. DAVID Hon ESTY, [L.S.] JAMES York, [L.S.] Taken before me the day and year aforesaid. Thomas Trueman, J. P. Form of the Commitment, where the Defendant refuses to pro- * duce the property, &c. Georgia, —— County: of the peace for said county. To the sheriff of said county or any constable thereof, and to the keeper of the common jail thereof. Whereas, David Troublesome, of the county aforesaid, hath been arrested at the instance of David Honesty, for a viola- tion of the law entitled, an “act more effectually to quiet and protect the possession of personal property, and to prevent taking possession thereof by fraud or violence,” passed in eigh- teen hundred and twenty-one, and the said David Troublesome having been brought before me upon return of the warrant, it appearing that the slaves, Bob, Sam, and Randal, the subjects of controversy between the said David Honesty and David Trow- blesome are in the possession, power, custody, or control of the defendant David Troublesome, or an agent or friend of his, act- ing for, or entrusted with them for him, [insert whatever of the foregoing were the true grounds, and the said defendant being required, and not producing, nor causing to be forthcoming the { By Thomas Trueman, one of the justices * Or double the value of the negroes or other personal property and hire claimed (if any.) *- FORMS. 411 said negroes or other personal chattel to be dealt with as the law directs. I do, therefore, hereby command you, the body of the said David Troublesome into your custody to take, and him safely to convey to the common jail of said county; and you, the keeper of the said jail, the said David Trouble some into your custody to receive and him safely keep, until he be from thence delivered by due course of law. Hereof fail not. Given under my hand this tenth day of March, eighteen hundred and thirty. THOMAS TRUEMAN, J. P. Form of the Oath of a person commencing a suit for personal property, to compel the Defendant to give security for the forth- coming of the same at the termination of the suit. (See Law, p. 158.) Georgi Before me, Abel Cain, a justice of the peace €0rgia, tº Ab County: for said county, personally came ner 2 Right, and being duly sworn saith, that he is about to commence an action or suit against one Samuel Wrong, for the recovery of two slaves, to wit: Dave and Tom, and that he has reason to apprehend that said negroes or other personal property, as the case may be, have been or will be eloigned, or removed away, or will not be forthcoming, [state which of these be the fact, to answer the judgment, execution, or decree that shall be made in the case; and that said negroes are of the value of four hundred dollars each, and the hire of the same for two years at one hundred dollars each per year, [if it be any other personal property state the value thereof, and that this deponent do verily and boda fide claim the said [here name the property, or some valuable interest therein. ABNER RIGHT. Sworn to and subscribed before me, this tenth day of March, eighteen hundred and thirty. Abel Cain, J. P. 412 APPENDIX. Form of the Bond for the forthcoming of property at the termi. nation of the suit. (See Law, p. 158.) Georgia Know all men by these presents, that we, º, { Samuel Wrong and Henry Somebody, are - ’’) held and firmly bound to Isaac Takecare, sheriff of said county, in the just and full sum of two thousand” dollars; to the true payment of which, we bind ourselves, our heirs, executors, administrators and assigns, jointly and seve- rally, firmly by these presents, sealed with our seals and dated this tenth day of March, eighteen hundred and thirty. The condition of the above bond or obligation is such, that, whereas, the said Isaac Takecare hath this day served a peti- tion, bill or other process upon Samuel Wrong, at the instance of Abner Right, for the recovery of two negroes, Dave and Tom, and the hire of the same for two years, [or here state the property in dispute.] Now should the said Samuel Wrong, or Henry Somebody for him, cause the said negroes, [or other property, to be forthcoming to answer such judgment, execu- tion or decree as may be issued or rendered in the above named case, then this bond or obligation to be void, else to remain in full force and virtue. SAMUEL WRONG, [L. S.] HENRY SoMEBODY, [L. s.] Test, Abner Savealſ. [For forms of the remaining part of this law, (p. 158,) the foregoing may be varied to fit each particular case.] cºmmemº GARNISHMENT, Form of the Oath to obtain a Summons of Garnishment. (See Law, p. 160.) Georgi Before me, Randal Honor, a justice of the €0rgia, g ſº for said county, personally came Isaac Lovemoney, and being duly sworn Saith, that John Scarce of said county is justly indebted to him in the sum of five hundred dollars, and that he is apprehensive of the loss — County: º-ºº- * It must be in double the afaount of the value of the property and hire, (if any.) FORMS. 413 of said sum, or some part thereof, unless a summons of gar- mishment do issue. ls AAC LovEMONEY. Sworn to and subscribed before me, this tenth day of March, eighteen hundred and thirty. Form of a Bond to obtain a Summons of Garnishment. (See Law, p. 167.) Georgia ! Know all men by these presents, that we, 3. Isaac Lovemoney and Hardy Applewhite, are held and firmly bound to Benjamin Blow, in the just and full sum of one thousand" dollars, for the true payment of which we bind our heirs, executors, adminis- trators and assigns, jointly and severally, firmly by these pre- sents, sealed with our seals, and dated this tenth day of March, eighteen hundred and thirty. The condition of the above bond or obligation is such, that, whereas, the said Isaac Lovemoney hath this day prayed a Summons of garnishment against the said Benjamin Blow, re- turnable to the next superior court of said county, to be held on the second Monday in September next in and for the county aforesaid. Now if the said Isaac Lovemoney shall prosecute the same with effect at the said court, and shall satisfy and pay all costs which may be incurred by the said Benjamin Blow, in case the said Isaac Lovemoney shall discontinue or be cast in his suit, and also all damages which may be recovered against the said Isaac for suing out the same, then the above obligation to be void, else to remain in full force and virtue. ISAAC LovEMONEY, [L. S.] HARDY APPLE WHITE, [L. S.] County: Test, Randal Honor, J. P. Form of Summons of Garnishment. Georgia, & To Benjamin Blow, of said county, greet- County: g : . You are hereby required, that, laying all other business aside, you personally attend at the superior court to be held in and for said county, on the second Monday in Sep- tember next, then and there to answer upon oath, in an action or suit at the instance of Isaac Lovemoney against John Scarce, * It must be in double the amount sworn to, 414 APPENDIX. [or if in judgment, state the facts and parties, what you are indebted to the said John Scarce, or what money, effects, pro- perty, either real or personal, or evidences of debt belonging to the said John, are or were in your hands or possession at the time of the service of this summons. This tenth day of March, eighteen hundred and thirty. John Catchum, Sheriff C. C. ForM of A PETITION FOR TAKING TESTIMONY BY comNIISSION, AND DE BENE ESSE. (See Law, p. 165.) Georgia To his honour Thomas Wiseman, one of eorgia, the judges of the superior court of said */; ) State: The petition of James Careful showeth, that he has now a suit pending in the superior court of said county, James Careful vs. David Somebody, and for the successful prosecution of said cause your petitioner chiefly relies upon the evidence of one David York, and who is going beyond seas, removing without the jurisdiction of the State, or from age, or other bodily infºrmity, is un- able personally to attend the said court, [insert which of the fore- going cases that may be the fact.] Your petitioner therefore prays that your honour may cause a commission to issue for the purpose of taking his testimony in conformity to the laws in such cases made and provided. And as in duty bound will ever pray, &c. This tenth day of March, eighteen hundred and thirty. JAMES CAREFUL. Form of the Affidavit which must accompany the foregoing Peti- tion. (See Law, p. 165.) Georgi Before me Sterling Knowledge, a justice gia, t?/: §: the peace in and for said county, person- Ounty: ally came James Careful, and being duly sworn Saith, that in a cause now pending in the Superior court of said county, James Careful vs. David Somebody, one Da- niel York is a material witness for deponent in said cause, and that the said Daniel York is removing without the jurisdiction of the State aforesaid, or going beyond seas, or from age, or other bo- dily infºrmity is unable to attend said court [state any of the fore- f FORMS. 415 going cases which may be the fact] and that he cannot proceed safely to trial without his testimony. JAMES CAREFUL. Sworn to and subscribed before me, this tenth day of March, eighteen hundred and thirty. Sterling Knowledge, J. P. ammºmºmºmºmº I'ORM OF A BOND WHICH MUST BE GIVEN WIHEN LAND IS IN- TENDED To BE RETURNED AS HAVING BEEN FRAUDULENTLY DRAwN. (See Law, p. 328.) Georgia ISnow all men by these presents, that we à. t?/: Anderson Gripe and Simon Simple, of said 3/. county, are held and firmly bound to their honours the justices of the inferior court of said county, for the time being and their successors in office—[It must be given to the justices of the inferior court of the county where the land lies which is intended to be returned]—in the sum of five hun- dred dollars, to the true payment of which we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally firmly by these presents, sealed with our seals, and dated this tenth day of March, eighteen hundred and thirty. The condition of the above bond or obligation is such, that whereas the said Anderson Gripe is about to return [here insert the number of the lot intended to be returned, and the district and county] drawn in the land lottery of eighteen hundred and twenty-seven by Jacob Snow. Now should the said Anderson. Gripe indemnify him the said Jacob Snow, for all damages he may sustain provided the land is not condemned as fraudulent, then the above bond or obligation to be void, else to remain in full force and virtue. ANDERSON GRIPE, [L. S.] Test, Samuel Somebody. 416 APPENDIX. FORM OF PROCEEDINGS AGAINST A PEDLAR OR IT INERANT TRADER WHO HAS NOT COMPLIED WITH THE LAW IN TAKING OUT A LICENSE. (See Law, p. 252.) Form of the oath. Georgi Before me Abner Seektruth, one of the jus- €0rgla, º o g County: tices of the peace in and for said county, per- sonally came John Farmer, and being duly sworn, saith, that one Daniel Wager, a pedlar or itinerant tra- der, has violated the laws of said State, by [travelling through said county with his wagon and eacposing for sale and selling va- rious articles] of merchandise without having obtained a license, [or state the fact as it occurred] on the fourth day of March eighteen hundred and thirty. John FARMER. Sworn to and subscribed beſore me, this tenth day of March, eighteen hundred and thirty. Abner Seektruth, J. P. Form of the Warrant. G s To the sheriff or his legal deputy, or any º fº/: {º constable of said county. 2011nly: Whereas I have this day received informa- tion on the oath of John Farmer, that Daniel Wager, a pedlar or itinerant trader, has violated the laws of said State by [here insert the facts sworn to.] These are therefore to command you to arrest the body of the said Daniel Wager, and seize his goods, wares and mer- chandise, and bring him and the goods, wares and merchan- dise which he may have in his immediate possession, before me, or some other magistrate for said county, that he may be dealt with as the law directs. Given under my hand and seal, this tenth day of March, eighteen hundred and thirty. Abner Seektruth, J. P. [L. s.] Form of his Recognisance. Georgi Know all men by these presents, that we €0 É. ty: ſº Wager and James Smith, do acknow- tºº. ounty: ledge ourselves held and firmly bound unto his excellency the governor of the state aforesaid, for the time being, and his successors in office, in the just and full sum of FORMS. 417 five hundred dollars; for the payment of which we bind our- selves, our heirs, executors, administrators and assigns, jointly and severally firmly by these presents. Sealed with our seals, and dated this tenth day of March, eighteen hundred and thirty. The condition of the above recognisance is such, that if the above bound Daniel Wager, shall personally appear at the next ..superior court, to be held in and for the county aforesaid, on the second Monday in September next, to answer to such mat- ters as shall be then and there charged against him by John Farmer, concerning [here state the charge as proven against him on the return of the warrant] committed by him the said Daniel Wager, and do not thence depart without leave of the Court, then this recognisance to be void; else to remain in full force and virtue. DANIEL WAGER, [L. S.] JAMES SMITH, [L. S.] Signed, sealed and acknowledged, in presence of, Abner Seektruth, J. P. [If the offender refuses to enterinto a recognisance, or is not able to give sufficient Security, he must be forthwith committed tojail.] Form of the Commitment. e By Abner Seektruth, one of the justices of Georgia, º tº County: º peace, in and for said county.—To Da- ºnly; y nieſ Armstrong, one of the constables of said county, and to the keeper of the common jail thereof: Whereas Daniel Wager was arrested under a warrant pre- dicated upon the oath of John Farmer, for a violation of the law respecting pedlars, and other itinerant traders; and upon the return of the warrant before me, it appearing that the said Daniel Wager, pedlar, had exposed to sale various articles of goods in this county on the fourth day of March, eighteen hun- dred and thirty, and that he had no license authorizing him to vend said goods; and the said Daniel Wager being required to enter into a recognisance with Security for his appearance at the next superior court for this county, to be held on the second Monday in September next, to answer for the offence aforesaid. And the said Daniel Wager failing to give such security in terms of the law, I do therefore, hereby command you the body of the said Daniel Wager into your custody to take, and him 53 418 APPENDIX. safely to convey to the common jail of said county: and you the keeper of said jail, the said Daniel Wager into your custo- dy to receive and him safely keep, until he be from thenceforth delivered by due course of law—herein fail not. Given under my hand and seal, this tenth day of March, eighteen hundred and thirty. ABNER SEEKTRUTH, J. P. [L. S.] tºmºsºmº FORM OF PROCEED INGS AGAINST A TENANT, WHEN HE HOLDS RENTED PROPERTY OVER THE TIME SPECIFIED IN THE CONTRACT, &c. (See Law, p. 293.) Form of the Oath. G e Before me, Samuel Love, a justice of the €0rgia, º tº County {º in and for said county, personally ” ) came William Jackson, and being duly sworn, saith, that the lease or term of time for which he rent- ed his house and plantation on the Uchee creek, in said county, to George Darly has expired, and that the tenant George Darly refuses, omits, or neglects to give possession to this deponent, after being requested and demanded so to do. WILLIAM JAckson. Sworn to and subscribed before me, this tenth day of Janu- ary, eighteen hundred and thirty. Samuel Love, J. P. Form of Warrant to remove the Tenant. Georgi To the sheriff of said county or his legal eorgia, { deputy: ounty : Whereas, 1 have this day received infor- mation, on the oath of William Jackson, that the lease or term of time for which he rented his house and plantation on the Uchee creek, in said county, to George Darley has expired, and that the tenant George Darley, refuses, omits, or neglects to give pos- Session to the deponent after being requested so to do : These are, therefore, to require and command you to re- pair without delay to the premises aforesaid, and cause said tenant, George Darley, to deliver to the owner, his agent or re- presentative, peaceable, full and quiet possession of the rent- ed premises, and in case of refusal, you are commanded to re- FORMS. 419 move the tenant, with the property found thereon belonging to said tenant, therefrom. tº Given under my hand and seal this tenth day of January, eighteen hundred and thirty. SAMUEL LovE, J. P. Form of a Tenant's oath, when he alleges his term of time has not expired, or when he denies that he is the lessee of the person claiming to be the lessor. - Georgia, County: peace in and for said county, personally came George Darly, who, after being duly sworn, saith, that the term of time for which he leased the house and plantation from William Jackson, lying upon the Uchee creek, is not yet expired, as alleged by the said PWilliam Jackson, [or if the tenant denies that he is the tenant of Wil- liam Jackson, insert the following,) that he is not the tenant of the said William Jackson, and does not hold the premises either by lease or rent from, nor any other person holding un- der him by lease or rent. ! Before me, Robert Slaver, a justice of the GEORGE DARLY. Sworn to and subscribed before me, this tenth day of Janu- ary, eighteen hundred and thirty. Robert Slaver, J. P. tº-º-º: FORM OF A DEMAND UPON AN OFFICER, WHO REFUSES OR NEGLECT's To PAY OVER MONEYS IN HIS HANDS. (See Law, p. 305.) Georgia, Y Sir, Please to take notice that I do here- County: by demand of you to pay over to me, all the moneys you have collected, and now in your hands, on a fi. fa. issued from the superior court of said county, returnable to the last September term of said court, Hugh Dodson vs. Ralph Brooks, and upon your failing to do so, I shall hold you responsible, as well for the amount of money so in your hands, ! To Randal Nopay, sheriff" of said county: * This demand may be made on sheriffs, coroners, justices of the peace, con- stables, clerks of the superior and inferior courts, and attorneys at law. 420 APPENDIX. as for interest at the rate of twenty per cent. per annum from the day of the date hereof until such money be paid over. Given under my hand this fifth day of April, eighteen hun- dred and thirty. HUGH DoDson. [The following must be endorsed on the back of a copy of the foregoing notice, or on a separate piece of paper, and which must accompany the notice, and both be presented to the next court from whence the execution issued, when the officer ne- glects to pay over the money, so as to make him chargeable with the twenty per cent. per annum.] (See Law, p. 305.) Georgia Before me, Jacob Lovet, a justice of the à. itſ : {º in- and for said county, personally *: ) came Hugh Dodson, and being duly sworn, saith, that before serving the within notice, he demanded of Randal Nopay, sheriff, verbally, the money raised upon said fi, fa. and that he refused or neglected to pay the same, and that he served the original of which the foregoing is a copy on the said Randal Nopay, sheriff of said county, at his residence, on the fifth day of April, eighteen hundred and thirty. HUGH DoDson. Sworn to and subscribed before me, this seventh day of April, eighteen hundred and thirty. * Jacob Lovet, J. P. FORM OF A SUBPCENA DUCES TECUM TO A PERSON RESIDING oUT of THE COUNTY. (See Law, p. 183.) Georgia, Y To Mr. Alfred Selino, greeting: County: e You are hereby required, that A. B. laying all other business aside, you be and Q)S. appear at the next term of the superior court, C. D. to be held in and for said county on the se- cond Monday in September next, and to bring with you into said court, [here describe the paper sought for particularly, which is intended to be used by the defendant as testimony in the above stated case, now pending in Said for Ms. 421 court, (wherein A. B. is plaintiff and C. D. defendant.) Here- in ſail not under the penalty of three hundred dollars. Given under my hand this tenth day of May, eighteen hun- dred and thirty. NATHAN LANcy, Clerk. Form of a Summons to a Justice's Court. Y The defendant is hereby required, per- Sonally or by attorney, to be and appear , before me, at a justice's court, to be held at the usual place of holding justice's courts, in the 125th district company of said State, on the last Saturday, inst. by ten o'clock, A. M. to answer the plaintiff’s demand in an action of debt, predicated on, (here if it be a note of hand, copy it, if it be on an account, anner a copy to the summons with wa- fers or other adhesive matter, and then conclude thus,) as in de- fault I shall proceed as to justice shall appertain. , Given under my hand this 19th day of May, eighteen hun- dred and thirty: Georgia, Columbia County: James Scroggins Q)S. Larkin Denkins. J John CRANCH, J. P. FORM OF A COMMISSION TO TAKE INTERROGATORIES IN A JUSTICE’s Court T. Georgia, By Solomon Tiller, a justice of the peace Cºunty { for said county, and the one hundred and Y twenty-fifth district company of said state. To [here the commissioners are to be named], Esquires, greeting: Whereas, there is a certain matter of controversy, now de- pending in the justice's court of said district, between Hugh Dodson plaintiff, and James Lake defendant; and whereas David Boles is alleged as being a material witness in said suit, and cannot attend said court in person, without manifestincon- venience. - Now know ye, that I reposing especial trust and confidence in your prudence and fidelity, have appointed you, or any two or more of you, who are hereby authorized and required to cause the said David Boles personally to come before you, and after being duly sworn, to examine him concerning the said suit, agreeable to the interrogatories hereunto annexed, and the answers to the same being plainly and distinctly written, you 422 APPENDIX. are to send the same, closed up, under your hands and seals to our said court, to be held on the last Saturday in June meat, together with this writ. Witness my hand this 26th day of May, 1830. Solomon TILLER, J. P. NotE.—The answers should be written down by one of the commissioners, distinguishing the answers to the different ques- tions, in the same order as they are set forth in the interroga- tories, and certified in words like these: “The foregoing an- swers to interrogatories, taken, sworn to, and subscribed be- fore us this day of , 183—” and then sign as commis- sioners. Then envelope the whole, and seal the envelope with as many seals as there are commissioners, and their names one across each seal, state the case on the back, and direct it to the justice who issued the commission. For taking interrogatories for a justice's court, one of the commissioners must be a justice of the peace; not so in the Superior or inferior court. Form of making out Interrogatories for a jºice's COZIri. Georgia In the justice's court of the one hundred g?0, and twenty-fifth district company of said County: State Hugh Dodson, VS. ! Debt. James Lake. Interrogatories to be exhibited to David Boles, a witness material for the plaintiff, residing out of the county aforesaid. Inter. 1st. Do you know the above named parties? [Then go on and ask all questions necessary. It must then be dated and signed by the party for whose benefit they are. A copy must be served on the opposite party five days previous to issuing the commission, to enable such party to propound cross interrogatories if it is wished. The cross interrogatories, if any, must be certified, and signed in the same manner that the direct interrogatories are.] In making out the answers, state the case as is stated at the head of the interrogatories, then commence with this form : Georgia By virtue of a commission from the justice's 8. ty: {: of the one hundred and twenty-fifth dis- ) trict company of said state, to us directed, we have caused David Boles, the person in said commission nam- ed, to come before us, and being duly sworn, true answers to FORMS. 423 make to certain interrogatories to the said commission annex. ed, deposeth and answers as follows: To the first interrogatory he answers, gººmsm-mºsº An abridged form of Marriage, for the use oſjustices of the peace. Beloved friends, we are about to celebrate and solemnize a marriage contract between A. B. and C. D., which is an hon- ourable estate, instituted of God, in the time of man's innocen- cy, declaring unto us the mystical union between Christ and his church, and therefore should not be taken in hand unadvis- edly, but reverently, discreetly, advisedly, and in the fear of God. 1 therefore feel it my duty to enjoin upon all persons present, that if they, or any of them, know any just objection to this marriage, they now declare it, otherwise forever hereafter hold their peace. [He may then cause them to join their right hands, and pro- nounce the marriage covenant in these words.] Will you, Sir, take this lady to be your lawful and married wife, Solemnly promising and agreeing, before God, and these witnesses, that you will be to her a faithful and affectionate husband, and, forsaking all others, will cleave to her alone, until you shall be separated by death! [To which the bridegroom will answer, “I will.” Then addressing the bride.] Will you, Madam, take this gentleman, to be your lawful, and married husband, solemnly promising and agreeing, before God, and these witnesses, that you will be to him a faithful, af. fectionate, and obedient wife, and, forsaking all others, will cleave to him alone, until you shall be separated by death? [To which the bride will answer, “I will.”] [The justice may then conclude by saying] Forasmuch, as this gentleman, and this lady, hath consent- ed together in the holy bands of wedlock, and have witnessed the same before God, and these witnesses, I now pronounce them to be man and wife together, agreeable to the laws of God, and this State. Whom, therefore, God hath thus joined together, let not man put asunder. And may the blessing of God attend you through life, comfortyou in death, and be your- lasting felicity beyond the grave, for Christ sake. Amen. 424 APPENDIX. Form of an Administrator's deed to property, sold at Adminis- trator's sale. Georgia. This Indenture, made this tenth day of June, in the year of our Lord Christ, one thousand eight hundred and thirty, and of the Independence of the United States of America, the fifty- fourth, between Nathan Davis of said state, and county of Co- lumbia, administrator of the estate of Job Johnson, late of said state, and county, deceased, of the one part, and Daniel Rich- ardson of the same state and county, of the other part, witness- eth, That whereas, by virtue of an order granted by the ho- nourable the court of Ordinary of said county, on the first Mon- day in March last, to the said Nathan Davis, to sell a tract of land belonging to said estate, situate, lying and being in said state and county. [Here go on to describe the tract of land, or §f it be negroes, describe them by name, age, &c.] And after the same was duly advertised in the public gazettes, &c. in confor- mity to the law, the same was put up and exposed to public sale to the highest bidder, at the door of the court house of said county, within the legal hours of sale, on the first Tuesday of the present month, by the said Nathan Davis, administrator as aforesaid, when the same was knocked off to the said Daniel Richardson, at the price or sum of one thousand dollars, he being the highest bidder. Now, for and in consideration of the said sum of one thousand dollars in hand paid to him the said Wa- than Davis, by him the said Daniel Richardson, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he the said Nathan Davis administra- tor as aforesaid, hath granted, bargained and sold, and by these presents doth grant, bargain and sell, unto him the said Daniel Richardson, the before named and bargained land, with all the improvements and appurtenances thereunto belonging, or in any wise appertaining unto him the said Daniel Richardson, and his heirs and assigns, to his, and their own proper use and benefit and behoof forever, in fee simple. And the said Nathan Davis, administrator as aforesaid, the before named land with all the improvements and appurtenances thereunto belonging, or in any wise appertaining, unto him the said Daniel Richard- son, and his heirs and assigns, shall and will warrant, and for- ever defend the legal and equitable title against himself and all, and every other person or persons whatever, as far as in law, or equity he may be bound to do, as administrator as aforesaid. In witness whereof, the said Nathan Davis, administrator as FORMS. 425 aforesaid, hath hereunto set his hand and affixed his seal, the day and date before written. NATHAN DAVIs, [L. S.] Administrator of Job Johnson. Signed, sealed and delivered, in presence of, Peter Scovel. Richard Bush, J. P. * FORM OF A SHERIFF's DEED. Georgia : \ This indenture, made this tenth day of June, in the year of our Lord Christ, one thousand eight hundred and thirty, and in the independence of the United States of Ameri- ca the fifty-fourth, between David Crews, sheriff of the county of Columbia, in said State, of the one part, and James Rich, of the same state and county, of the other part, witnesseth : that whereas, the said David Crews, sheriff as aforesaid, did lately seize and levy upon a certain tract of land, situate, lying and being in said state and county, [here describe the land par- ticularly, as the property of Daniel Drake, by virtue of a writ of fieri facias, issued from Columbia superior court, Thomas Hubbard vs. Daniel Drake, and after publicly advertising the same, agreeable to law, in the public gazettes, did put up and expose the same to public outcry, on the first Tuesday in the present month, at the door of the court house of said county, within the legal hours of sale, when the same was knocked off to the said James Rich, at the price or sum of eight hundred dollars, he being the highest bidder. Now, for and in conside- ration of the said sum of eight hundred dollars, in hand paid to him, the said David Crews, by him, the said James Rich, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, he the said David Crews, sheriff as aforesaid, hath granted, bargained and sold, and by these presents doth grant, bargain and sell unto him, the said James Rich, the before named and bargained land with all the improvements and appurtenances thereunto belonging, or in any-wise appertaining unto him, and his heirs and assigns, to his and their own proper use, benefit, and behoof for ever in fee simple. And the said David Crews, sheriff as aforesaid, unto him, the said James Rich, the before named land and im- provements, with all and singular the appurtenances thereunto 54 426 APPENDIX. belonging, or in any-wise appertaining, shall, and will warrant, and for ever defend the lawful and equitable title, against him- self, and all and every other person or persons whatever, as far as in law or equity he may be bound to do as sheriff as aforesaid. In witness whereof, the said David Crews, sheriff as aforesaid, hath hereunto set his hand and affixed his seal the day and date before written. DAVID CREws, Sheriff. [L. S.] Signed, sealed and delivered in the presence of Samuel Lookout, William Allgood, J. P. IN DIE X • A. ABATEMENT. Executors, administrators, and guardians being dismissed, suits not to abate, 109. ACADEMIES AND FREESCHOOLS. Money arising from confiscated or reverted property, and forfeited lands, and funds arising under the escheat laws, a fund for county academies, 1. How distributed, according to the act of 1792, ib. What academy in the counties shall be the county academy, ib. Real estate belonging to county academies, exempt from taxes, 2. Five hundred thousand dollars set apart, one-half for freeschools, and the other half for county academies, ib. School fund, what composed of, and the principal not to be used, ib. 3. No child to be sent to the poor school whose parents pay fifty cents over and above his poll tax, 3. And no further benefit after they have been taught reading, writing and the usual rules of arithmetic; nor to be sent longer than three years, ib. How distribution of academy funds must be made, 4. If there be no academy in the county, the inferior courts may apply the dividend to the purposes of education in that county, ib. Counties not making returns, barred from any further dividend, ib. Trustees to keep accounts, &c. and to pay teachers quarterly, ib. Twenty thousand dollars out of the poor school fund to be distri- buted annually, 5. Any person in default with academy funds, to pay twenty per cent. on the amount, ib. Trustees or commissioners in default to pay a like interest, ib. Returns to be made to the governor, and no further appropriations to be made until such returns are made, 6. Clerk of the court of ordinary appointed trustee of the poor school fund, ib. * To give bond and security, and to take an oath, 7. Allowed a compensation, ib. If the clerk will not accept, the inferior court must appoint some other person, ib. 428 INDEX. ACADEMIES AND FREESCHOOLS. Trustees must make a return to the senator elect; and the trustees’ duty in collecting funds in arrears, 7. Justices of the peace to make out a list of the poor children in their districts, 8. Such children to be sent to school, and the trustee to pay for the tuition, ib. Governor to draw a warrant on the treasurer for the poor school fund, ib. The inferior court to certify that the trustee is authorized to receive his county’s portion of the poor school fund, ib. The trustees of the poor school fund and of county academies, shall annually make two returns to the senator elect, ib. In failing to do so, debarred from a dividend until such returns are made, 9. The governor, on a fair showing that the money has been properly applied, may draw his warrant for dividends of such fund, ib. The governor not to draw a warrant only on the personal applica- tion of the trustees, or by written order, ib. Trustees, &c. of any academy failing to make returns, debarred from a dividend, ib. The inferior court may apply any surplus county funds in aid of education, ib. Trustees may not wait for justices of the peace to make returns, 10. Must keep a sufficiency of money in hands to pay the tuition in those districts where there has been no returns made, ib. The governor to cause a distribution of the poor school and aca- demy fund, retaining for counties which have made no return of census, 10, 11. Trustees to pay off accounts for tuition of poor children, due be- fore they came into office, ib. The academy and freeschool fund not to be taken for the Central Bank, 54. ADJUTANT GENERAL. Compensation of the adjutant general, 261. ADMINISTRATORS. (See Executors, &c.) Administrator’s bonds to be recorded within six days after being taken, 65. Administrators may obtain leave to sell slaves by application to the court of ordinary, 77. Sale to be advertised 60 days, and must be at public auction, ib. Four months’ notice of application must be made, 78. AFFIDAVIT. Affidavit for bail, how to be made in this State, 152. How to be made in other States to hold to bail in this, ib. INDEX. 429 AFFIDAVIT. To be filed in the office, and a copy attached to the original and copy process, 152. ALIENS. Aliens exempt from ordinary militia duty, and what they must do for that privilege, 266. What duty they must perform, ib. Of naturalization. Where application must be made, and when and what must be sworn to, 343. At the time of application for admittance, what must be further sworn, ib. The court must be satisfied that he has resided in the United States five years, and in the State one, and that he has behaved him. self during that time as a man of good moral character, &c. ib. The applicant not allowed to prove his residence by his own oath, ib. He must make a renunciation of any hereditary title or order of nobility, 344. Renunciation to be recorded, ib. . If here before the 29th day of January, 1795, may be admitted on two years’ residence under the jurisdiction of the U. S. and one year in the State where he applies, ib. His oath, ib. It must appear to the court, that, during that time he has behaved as a man of good moral character, ib. Must renounce any hereditary title or order of nobility, and pro- ceedings recorded, ib. Any alien, residing in the U. S. any time between the 29th of January, 1795, and the 18th January, 1798, may within two years after the 24th of April, 1802, be admitted to become a citizen without complying with the first condition in page 343, ib. All arriving after the 24th of April, 1805, how they must apply, 345. If under 21 years of age, application must be made by their pa- rent, guardian, &c. ib. What each report shall contain, and the clerk's duty in recording the same, and his fees for that and each certificate, ib. The certificate must be shown to the court; what court may act in the naturalization of aliens, ib. Certain persons declared citizens of the U.S. ib. The right of citizenship shall not descend to persons whose fathers never resided in the U. S. 346. No person proscribed by any State shall be admitted, without the consent of the legislature of the State so proscribing him, ib, 430 INDEX. ALIENS. Of naturalization. Any alien residing in the U.S. at any time between the 18th June, 1798, and the 14th June, 1802, and continued such residence shall be admitted without complying with certain requisites, 346. Aliens performing certain requisites, and die before he is natura- lized, his widow and children considered citizens, ib. The certificate of report and registry, and also a certificate from the proper clerk or prothonotary, of the declaration of inten- tion shall be exhibited, 346. And shall each be recited at full length in the record of the court, 347. Otherwise to be of no validity, but not to operate against certain aliens, ib. sº Any person applying without such certificate, what he must prove, ib. Residence, how proven, and if the necessary evidence wanting, shall not be admitted, ib. The powers and privileges of aliens, and the manner of inherit- ance, &c. 348, 9. (n.) AMNESTY. Amnesty as to impeachments, 375. APPEAL.S. Appeals may be taken up from the court of ordinary in certain cases, 111. 373. May be had for the ascertainment of damages upon the Savannah, Ogechee and Alatamaha Canal Company’s taking possession of certain property, 142. May be had upon trials of claims, 156. Security of appeals paying off the same may have control to pro- ceed against his principal, 171. Execution to be issued against the security, on the stay of execu- tion, as well as the principal, ib. Appeals may be had from the inferior court on the trial whether mills, &c. are a nuisance, 280. APPORTIONMENT. Apportionment of the representatives of the State legislature, 102. ARREST. All the property a person has at the time of being arrested, bound for costs, 275. Members of the legislature free from arrest in civil cases, 364. ARSON. Penalty in proportion to the situation of the house, 317. ARTS AND SCIENCES. Promotion of the arts and sciences, 376. INDEX. 431 ASSIGNMENT. Plaintiff in judgment or execution, may sell or transfer the same; and the assignee may collect it. Assignment of debtor's bond, 92. 182. Executions paid off by the defendant not to be kept open; bonds assignable, 15. 182. ATHENS. Reference to acts respecting, 397. ATTACHMENTS. In what new cases attachments may issue, 11. The security may have a lien upon the property until replevied, 12. The attaching creditor may establish his demand, although the debt may not be due, with stay of execution, ib. How the property may be disposed of; property replevied accord- ing to the act of 1799, ib. Act of 1799 in force where not repugnant to this act, 13. Attachment may issue pending a suit; and set-offs may be plead- ed before they are due, ib. Persons insuring property, may issue attachments against the in- Surance company, 14. ) Officers and agents of the insurance company may be summoned as garnishees, ib. If the agents deny being indebted, how proceeded against, ib. Company may dissolve the attachment by giving security, ib. Bond assignable to the plaintiff, and sued on, 15. - Attachments may issue by the judge of the court of common pleas of Augusta, 86. Claims to land levied on by attachment in justice's court, to be tried in the superior court, 180. Claims to negroes levied on by attachment in the justice's court, to be tried in the superior or inferior court, ib. The proceedings as in other cases of attachment; jury’s oath on the trial, ib. ATTORNEYS AT LAW. Tax fee, 186. . How to recover money out of the hands of attorneys at law, &c. 305. Such officers subject to pay at the rate of 20 per cent. per annum, ib. What deemed a sufficient notice of a demand, 305. ATTORNEYS AND SOLICITORS GENERAL. Attorneys and solicitors general, applying to the legislature for services, shall make a special showing what services they have rendered, 15. They may be ruled for money by them collected for the state, and any practising attorney at law, may prosecute the rule, ib. 16. 432 - INDEX. ATTORNEYS AND SOLICITORS GENERAL. The judges shall have power to imprison such defaulting solicitor, &c. and may appoint temporarily some person to supply his place, 16. They shall give bond and security, and make annual reports to the comptroller general, ib. i How attorneys and solicitors from other States may be admitted to practise in this, 17. Clerk’s fee for issuing licenses, ib. The attorneys and solicitors general’s duty in preferring bills of in- dictment against a pedlar for trading without license, 274. Fine not less than $200, nor more than $300, ib. Their duty in prosecuting in certain other cases, 312. The comptroller general to furnish the attorney and solicitor gene- ral with a list of executions hitherto issued, or hereafter to be issued for taxes, 325. Their duty in reporting on the same, ib. Sheriff’s duty in reporting to the attorney or solicitor general, his actings, &c. on all executions in favour of the State, 326. The attorneys and solicitors general's duty in ruling defaulting she- riffs for public debts, ib. Sheriff to pay 20 per cent. for what he may be in default, ib. The attorneys and solicitors general, to pay 20 per cent. per an- num, for what they may be in default, ib. The duty of the solicitor general of the Ocmulgee circuit, in pay- ing over money in his hands to the treasurer of the univer- sity, 340. State's attorneys and solicitors appointed by the legislature—term of office and salary, 373. AUGUSTA. Reference to acts respecting, 397, B. BAINBRIDGE, Reference to local acts respecting, 398. BANKS. Banks to make annual statements of their conditions to the gover- nor, and by him laid before the legislature, 18. Bank and other stock, subject to execution, ib. Sheriff's duty when levying on shares, or stock in banks, ib. One share set up at a time—the sheriff to give purchasers a certi- ficate, ib. 19. Constable's duty when levying on shares, or stock in banks, 18. Officers of the banks to make a transfer on the books, 19. Notice of the judgement to be served on the cashier, ib. INDEX. 433 BANKS. Bank of Augusta. Charter enlarged to 1850, 36. Stockholders may increase the capital, ib. tº One-sixth part of the increased capital reserved for the State, 37. Of the Augusta Insurance and Banking Company. Book of subscription opened, and when–Board to give notice of the time and place, 42. Amount of five per cent. paid at the time of subscribing, ib. Stockholders a body politic, -the name and style of the bank, ib. May sue and be sued, and have and use a common seal, ib. Amount of capital stock $500,000, shares $100, 43. After the subscription is completed, the stockholders to be con- vened, ib. * The directors may appoint a president, ib. Power of insuring property, ib. Shall pay all losses within six months, and suits commenced for losses shall stand for trial the first term, ib. Their power to hold property and dispose of the same, 43. Duration of the charter, 44. May issue bills or notes of credit to the amount of capital stock, ib. . They must be paid on demand, ib. Central Bank. Capital stock what composed of, 53. Persons indebted to the State may renew their notes, ib. 58, 59. Further deposits in the banks, 53. Internal improvement and education fund not to be taken, 54. Three directors to be appointed by the governor, ib. Election of a president, cashier, and clerk, and their salaries, ib. 55. º The cashier and clerk may be removed—The officers of the bank to give bond and security, 54. Bonds to be deposited with the comptroller general—Officer's oath, ib. Directors eligible to re-appointment, their vacancy how filled, 55. An additional clerk may be appointed if necessary, ib. Discounts may be made, and how, ib. The amount of debts the bank may owe, ib. Eligibility of the president, ib. No officer of the bank allowed to borrow money from it, or be an endorser, ib. The directors to keep books of entry, and record yeas and nays, ib. Minutes to be produced to the legislature on demand, 56. Name and style of the bank, and duration of the charter, ib. May sue, and be sued, and have a common seal, ib. May issue notes, and how signed, 56. 55 434 INDEX. BANKS. Central Bank. Record of proceedings subject to the inspection of the governor, and by the legislature, 56. Bills receivable for taxes, and the debts of the State, ib. Town endorsers not actually necessary, nor notice necessary to make an endorser chargeable, 56, 57. Renewals once in six months on certain stipulations, 57. May require additional security, and on refusal, may commence a suit, ib. How much may be loaned, and how much to be paid annually, ib. When the bank shall go into operation, ib. The governor shall deliver the money in the treasury to the direc- tors, ib. A schedule of deposits to be made out and signed by the directors, ib. The loans to be distributed equally amongst the citizens of the state, ib. 59. No loan to exceed $2500, 58. What amount of notes to be put in circulation, ib. How suits are to be commenced, and no proof of notice necessary to recover, ib. The bank may be sued, and how service effected, ib. This act may be altered, or repealed, ib. Persons indebted to the State above $2500 may renew their notes, 53.58, 59. But allowed to run other notes in the bank, 58. The directors may require 20 per cent. per annum to be paid on the original amount of the loan, 59. In what proportion the money is to be loaned to persons in the dif- ferent counties in the State, 57. 59. The directors may receive dividends on bank stock, 59. Transfer of bank stock owned by the State to be made to the Cen- , tral Bank, ib. Persons indebted to the State, how their notes may be discounted, 59. The directors may deliver to obligors, &c. all bonds, &c. which may have been transferred and fully paid off, 60. Debtors of the State to pay interest according to the original con- tract, ib. Books of the banks not compelled to be produced in court as evi- dence, but how testimony must be taken, ib. Directors may have sold, all lands forfeited to the State, and where, Ó0. Persons whose lands may be forfeited, but may pay for the same before it be sold, may have their lands, &c. 61. - * Explanatory of the second section establishing the bank, ib. INDEX. 435 BANKS. Central Bank. Powers, &c. vested in the president and directors, 61. Clerk not to be a director, ib. Of Columbus. Capital stock $500,000. Shares $100, 51. Five hundred shares reserved for the State, and allowed two direct- ors, ib. 52. If the shares be not taken by the State, how disposed of, 52. Capital may be increased to one million of dollars, ib. Times and places of opening books of subscription, ib. Subscription, how paid and at what time, ib. Farmers Bank of Chattahoochie incorporated at Columbus, 51. (n.) Of Darien. The bank to pay to the State seventy-five thousand dollars semi-an- nually of its notes the State has in possession, 36.62. All banks which have money payable to the treasury, subject to the draft of the comptroller general, 58, 59.325. The bank of Darien may hold certain lands, 35. Conveyances heretofore made to be valid, 36. Marine and Fire Insurance Bank of the State of Georgia. Name and style of the bank, 29. The board shall have power to elect a cashier and other officers, and to allow them a compensation, 30. Bills obligatory, binding upon the corporation, ib. Shall have one hundred thousand dollars of specie deposited in their vaults before they commence their issues, ib. Which facts shall be sworn to by the president, ib. The amount of issues not to exceed three times the amount of capi- tal, ib. If the corporation fail to redeem any part of its bills, it shall for- feit its rights, 28. 31. And the holder of such bills may sue the corporation, and recover with damages, 31. Must make annual reports to the legislature, ib. May establish a branch in Macon, ib. In what proportion the persons and property of the stockholders shall be bound, ib. Limitation of the charter, 32. When a demand is made upon the bank by any other bank, to re- deem any of its notes, &c. how the bank may proceed, 33. Persons owing the bank, and not paying upon notice so to do, shall forfeit their interest in the bank, 33. Dividends to be made half yearly, but shall not exceed the amount of the net profits, ib. The benefits of this act how far extended, 34. 436 INDEX. BANKS. Merchants and Planters’ Bank. Time and manner of taking stock, 45. In case of failure to pay in any amount of stock, shares forfeited, ib. Religious institutions of the State, &c. allowed to deposit as much as $50,000, ib. The bank may hold property, may have a common seal, and es- tablish by-laws, 46. Nine directors, when to be elected, ib. Plurality of votes given in shall make a choice, ib. May choose a president, and how his vacancy is to be filled, ib. When and how directors are to be elected, ib. Their duty and time of continuance in office, 47. Vacancy of directors, how filled. Apportionment of votes, ib. Eligibility of a director, 48. The president shall have a compensation, 48. Not less than five directors shall constitute a board, ib. How a meeting of the stockholders shall be called, ib. The cashier to give bond; what lands and tenements the bank may own, ib. The amount of debts it may owe, ib. In case of excess, the stockholders who caused it liable in their in- dividual capacities, and may be sued, 49. What part of the directors exonerated from the excess, ib. Stock may be transferable; the bank not to be concerned in com- merce or insurance, ib. Bills, &c. binding on the company; must be signed by the presi- dent and countersigned by the cashier, ib. Dividends to be declared and paid half yearly, 50. The directors to keep a book of entry of proceedings, ib. In what proportion the persons and property of stockholders are bound for the redemption of the bills, &c. ib. The State pledged for its proportional part of its shares, ib. Limitation of the charter, and concern how closed. No stock- holder to borrow money upon the faith of his stock, ib. Macon Bank. Branch of the Bank of Darien to be established in Macon, 19. The Bank of Macon incorporated, and nine directors appointed, ib. Name and style of the bank and duration of the charter, ib. Powers and privileges under the charter, ib. Who may take stock, and when taken, 20. Five per cent. of the amount of subscription paid in advance, ib. Certificates to be issued to subscribers, ib. In what money the subscriptions are to be paid, ib. Not to issue bills until fifty thousand dollars in gold and silver coin shall be deposited, 21. INDEX. 437 BANKS. Bank of Macon. Nine directors chosen and at what time, 21. Apportionment of votes, and no person entitled to more than thirty votes, ib. Shares must be owned three months to entitle a stockholder to vote, ib. Not to be held in trust. A correct list to be made out two weeks before any election, and oath of voters, ib. How long the directors may serve, and may choose their president, 22. On the vacancy of one of the directors, how filled, ib. The election not taking place at the time appointed, what may be done, ib. Capital stock $300,000, shares $100, ib. Fifty thousand dollars reserved for the State, ib. Capital stock increased to $600,000, ib. One-third of the increased capital reserved for the State, and the State may appoint an additional member of the board, 23. Eligibility of a director; they may elect a cashier and other offi- cers, and allow them a compensation, ib. Disposition of joint stock; cashier to give bond and security; oath of the officers of the bank, 24. A majority of the directors may form a board, the president al- ways being one, except in case of sickness, ib. A majority may call a meeting of the stockholders, ib. Vacancy of the president, how filled. Shares of stock, how trans- ferable, ib. Bills obligatory and of credit, how assignable, 25. Bills or notes issued by the bank to be binding, and assignable by endorsement, or negotiable by delivery, ib. How transfer of stock may be binding, and what lands and tene- ments the company may hold, and the directors may sell the same, 25, 6. The company shall not be concerned in commerce, &c. 26. All bills, bonds, &c. to be signed by the plesident, and attested by the cashier, ib. Books, &c. subject to the inspection of the board of directors, and by a committee from the legislature, ib. What amount of debts the bank may owe, and in case of excess, what may be done, ib. Such of the directors who dissented to the cause of excess, not liable individually, 27. Dividends to be half yearly, and not to exceed the amount of net profits, ib. Directors how responsible individually for declaring a dividend impairing the capital stock, ib. 4.38 INDEX. BANKS. Bank of Macon. The directors to keep a book of entry, and record yeas and nays, 27. wº Limitation of the corporation, but may by consent dissolve sooner, 28. Upon a dissolution what is to be done, ib. Upon an increase of the capital, no person to take more than ten shares, until the expiration of three months, ib. The directors may establish a branch in Savannah, ib. Not to loan more than $10,000 to any one person, ib. The directors may establish a branch at Augusta, and Elberton, ib. If the bank fail to redeem any of its bills, shall forfeit its rights, &c. ib. The owner of such bill may sue, and recover principal, interest and ten per cent. damages, 29. What further damages may be recovered, ib. If the bank fail to pay in specie, or suffer its bills to depreciate in currency the legislature may declare the charter forfeited, ib. But it may sue and collect its outstanding debts, ib. Savings Bank of Augusta. Name and style of the bank, 38. Time of electing officers and time of holding property, ib. May sue and be sued, and make and use a common seal, and make by-laws, 39. Mode and time of choosing officers, their number, and how often chosen, ib. Manner of filling vacancies, 40. No president or manager to receive any pay, ib. Amount of deposits and dividends when declared, ib. Deposits and payments to be entered regularly, and paid on no- tice, ib. The managers to meet, and the amount of a quorum, ib. They may refuse to receive deposits, 41. A report to be made annually to the governor, and by him to the legislature, ib. No manager to borrow money from the bank, nor the bank to hold any note, &c. against a manager, ib. No misnomer in any deed to vitiate the same, powers, privileges, &c. ib. Bank of the State of Georgia. The number of the directors to be ten, six elected by the stock- holders, and four by the State, 37. Not less than six shall have power to do business, only in certain months, ib. INDEX. 439 BANKS. Planters’ Bank of the State of Georgia. Number of directors to be ten, eight elected by the stockholders, and two by the State, 51. Four may transact business at certain times, ib. When the president is sick or absent, what may be done, ib. Charter extended to 16th December, 1855, ib. (n.) Banks generally. Rate of interest between banks, other institutions and brokers, 34. When a demand shall be made for specie, upon a bank, and the president shall suspect that the person making it, is the offi- cer, agent, &c. of a broker, he shall require such person to take an oath—The oath, 35. If he refuses to be sworn what may be done, 35. Not to operate against individuals demanding money for them- selves, ib. Bank of the United States. Thirty-one and a quarter cents to be collected for taxes on every hundred dollars value of bank stock owned by any person in this State, in the bank of the United States, 330. Part of the tax act of 1817 repealed, as regards taxing the capital stock of the office of discount and deposit of the bank of the U. S. ib. BERRIEN. Reference to acts respecting, 398. BILLS OF EXCHANGE. Damages on protested bills of exchange, 164, 176. BIRTHS. Clerk of the court of ordinary may record births, 69. Parents of children may have their names, ages, and births re- corded, ib. Clerk refusing to record them, shall pay five dollars, ib. Such record, or a certificate of the same, evidence of such per- son’s birth, ib. BLAKELEY. Reference to local acts respecting, 398. BONDS. The principal and security, on an executor, administrator, or guardian’s bond may be sued in the same action, 105. Guardians must give bond, 106. To be recorded in the clerk of the superior court’s office, and de- posited in the clerk of the court of ordinary’s office, ib. An executor, administrator, or guardian’s bond which cannot be produced in court in any suit, a certified copy will do, unless denied on oath, 111. Clerk of the court of ordinary, taking any guardianship must give bond, 114. 440 INDEX. BONDS. *. Guardians must give bond in double the amount of their ward’s property, 114. Certain administrator and guardian's bonds declared valid, 169. Security on a bond may make special defence, and if found only as security, judgment shall be entered accordingly, and on paying off the same, may have control of it to remunerate himself, 171, 2. Bonds taken for the security of the peace may be examined into, by the judges of the superior court, the inferior, or city court, 174. May receive additional evidence, 175. Plaintiffs must give bonds for jail fees in certain cases, 304. Sheriffs bonds reduced in several counties, 306. Constables must give bond and security, and take an oath, 307. Bonds taken by a sheriff, his deputy, a coroner, or constable, for the forthcoming of property levied on by them, declared va- lid, 308. Bonds so taken, not to affect the rights of the plaintiff, ib. Bond of a captain of a vessel arriving in this State with coloured seamen, 312. If the captain violate such bond, what may be done, ib. Tax collector, collecting taxes before he gives bond, subject to in- dictment, 326. Tax collector’s bonds where recorded, and the amount of the bond and clerk’s fee, 330. Administrator's bonds must be recorded within six days after they are taken, 65. BOOKS, PAPERS, &c. Transfer of stock on the books of the banks when sold under exe- cution, 19. Books, &c. of the banks subject to the inspection of the legisla- ture, 26. 56. 142. BRIDGES. The inferior court may build bridges over water courses dividing counties, 79. BRUNSWICK. Reference to laws respecting, 398. BURGLARY. Definition of burglary,279. BURTHEN OF PROOF. Burthen of proof on the plaintiff in execution, where the property is not in possession of the defendant, 156. BYRON. Reference to acts relating to, 398. INDEX. 441 C. CAMPBELLTON. Reference to acts respecting, 398. CANALS. The Savannah, Ogechee, and Alatamaha canal company incorpo- rated—and its style and powers, 136. The State may unite other public works with the canal, 144. Apportionment of votes for directors, ib. Treasurer and secretary to be appointed, and their compensation, 145. Quorum, and record of proceedings, ib. Minutes of the proceedings, subject to the inspection of the stock- holders, ib. When stock is to be called in, and the failure and forfeiture, ib. What amount may be called in, 146. Certificates of stock signed by the president, and contracts to be in writing, ib. No director to be a contractor, ib. Dividends to be declared—What lands the corporation may hold, ib. The capital stock may be increased—Old subscribers to stock may have the preference, 147. One thousand shares reserved for the State, and the State may ap- point one director, ib. Transfer of the funds from the company to the corporation, 149. Neither stockholders nor directors to be individually liable, ib. Stealing, embezzling, &c. the property of the corporation, punish- able by imprisonment in the penitentiary, 148. * Certain rights of Ebenezer Jenckes not divested, ib. Capital stock, number of directors, and times of election, 137. May elect a president, ib. Disappointment of an election, how remedied, ib. Death of the president or director, how the vacancy may be filled, ib. 138. The directors may elect officers and allow them a compensation, 138. Officers to give bond, ib. May make a canal, &c. from the Savannah to the Ogechee river, and from Ogechee to the Alatamaha, ib. Certain other privileges, ib. May appoint collectors of tolls, and allow them a compensation, 139. Rate of toll, ib. The collectors may stop boats, &c. ib. The manner of ascertaining the tonnage of vessels, ib. When the canal must be completed, 140. May purchase and hold lands, and use lands and waters, and may take stone and timber, 140, 141. How the damages may be ascertained, 141. 56 442 INDEX. CANALS. Either party may appeal within thirty days, the appeal to be tried by a jury, and shall be final, 142. Ungranted lands within a quarter of a mile of the line of canals to be vested in the corporation, ib. Canal intersecting a public road, what must be done, ib. Books and accounts liable to inspection by the authority of the le- gislature, 142. Canals and locks to be kept in good order, ib. Any person throwing dirt, rubbish, &c. in the canal, how dealt with, 143. The corporation may make use of any water, by paying for it, ib. Canal, &c. exempt from taxes, ib. At the expiration of the charter, the State may buy the canal, ib. Fifty thousand dollars of Darien money loaned to the corporation, and what time it must be repaid, ib. 144. The State to have a lien on the canal till it is paid, 144. Reference to acts passed on the subject of canals, 151. 303. CANWASSING. Canvassing prohibited by the constitution, 364. CAPIAS AD SATISFACIENDUM. Any person arrested by virtue of a capias ad satisfaciendum, how they may obtain relief, 93. CAPTAIN OF A WESSEL, Captain of a vessel's duty when arriving in the ports or waters of this State, 313. How the penalty must be sued for and recovered, ib. CARNESVILLE. Reference to acts relating to, 398. CARROLTON. Reference to acts relating to, ib. CENSUS. A census to be taken once in seven years, 367. CERTIFICATES. Certificates of public officers to be received in evidence, 186. (n.) CERTIORARI. Writs of certiorari may be granted before a jury trial in justice's courts, 193. CESSION OF LANDS. Cession of lands by this State to the United States, 366. CHANGE BILLS. * Issuers of change bills to pay thirty-one and a quarter cents on every hundred dollars issued and in circulation, 329. 337. 443. CHURCHES. Reference to local acts relating to churches in different counties, 387. INDEX. 443 CIRCUIT COURT UNITED STATES. In what cases the circuit courts shall have original cognizance con- current with the courts of the several States, 352. In what cases original cognizance, 353. Concurrent jurisdiction with the district courts, ib. The circuit courts shall have appellate jurisdiction from the district courts, ib. What cases may be removed from the State to the circuit courts, and how removed, ib. Original bail may be discharged, ib. Any attachment of the goods or estate, shall be answerable for final judgment in conformity with the laws of the State where the suit has been commenced, ib. Certain suits for lands may be removed from the State courts to the circuit courts, and how removed, 354. What cases to be tried by a jury, ib. Supreme courts shall have appellate jurisdiction from the circuit courts, and from the State courts in certain cases, 354. Certain cases determined by a district court, may be re-examined, and reversed or affirmed by the circuit court, and how re- moved, 355. CITY COURTS. Savannah. Stay of execution sixty days by giving security and paying costs, 80. Execution to be issued against the principal and security, ib. Time of holding the city court, 79. Constables to attend the court, and in default may be proceeded against by attachment, 80. Augusta. Jurisdiction of the court,80. 83.85, 86.174, 372. Parties may appeal within four days, 81. Clerk of the superior court to receive the appeal, and to be tried by a special jury, ib. Time of city sheriff’s sales, and time of advertising them, ib. Consolidation of cases; costs, ib. * Time and manner of electing the mayor, ib. In the event of a tie what must be done, 82. District, No. 1, entitled to an additional representative, ib. Vacancy of mayor, how filled, 83. Name of the court changed, ib. Judge to be elected by the legislature, three years, ib. Tax fee, 84. - S. Clerks, sheriffs and judges’ fee, ib. Lien of judgment, ib. Executions, how directed; sheriff’s duty in levying them, ib. The sheriffs and clerks may be sued, and how, ib. 444 INDEX. CITY COURTS. Augusta. Attachments for evidence and interrogatories, 85. Party defendant, must reside within the corporate limits at the commencement of the suit, ib. (n.) May issue attachments, 86. When a judge is a party to a case, how it is to be conducted, ib. Actions for rent shall be tried at the first term, ib. Judgment shall be entered up the first term on a scire facias, ib. When one or’more of the parties to a suit resides out of the city of Augusta, how proceeded against, 86. Time of holding the court, ib. Stay of execution, the security liable, ib. City courts may examine into cases where bonds have been taken for the security of the peace, and may take additional testi- mony, 174, 5. CLAIMS. Property being claimed, the levying officer to postpone the further execution of the judgment until the next court, if levied on personal property, 155, 6. But if it be on real property, the levying officer shall report the same, with the execution and claim, to the next term of the superior court, 156. The court to cause the right of property to be tried at the first term, unless special showing be made, ib. The person claiming must give security in double the amount of the property claimed, ib. The jury must take an additional oath, ib. Burthen of proof on the plaintiff in execution, where the pro- perty is not in possession of the defendant, ib. Claimant not to withdraw his claim more than once without the consent of the plaintiff, ib. Either party may appeal, ib. Claims to slaves in a justice's court, to be tried in the superior or inferior court, 169. "Claims to land levied on by attachment in justice's court, to be tried in the superior court, 180. Claims to negroes levied on by attachment in the justice’s court, to be tried in the superior or inferior court, ib. The proceedings to be the same as in other cases of attachments, ib. * The jury’s oath on the trial of claims, ib. The damages to be assessed by the jury on the trial of claims to be on the whole amount of the execution levied, then due, 181. But if the amount of the property claimed be less than the amount of the execution, then on the amount of the property, ib. CLARKSVILLE. Reference to acts relating to, 398. INDEX. 445 CLAYTON. Reference to acts relating to, 398. CLERKS. The clerks shall cause all proceedings in civil and criminal cases to be copied into record books, previous to the next term of the court after being determined, 65. The acts of deputy clerk’s legalized, 70. Clerks, where to advertise in several counties, 71. Of the superior and inferior court. What shall disqualify a clerk of the superior or inferior court from receiving his commission, 67. Clerk of the superior and inferior court's vacancy, how filled, 72. Only to fill the time of his predecessor, 73. In case of a tie, another election may be ordered, ib. What is to be done in the interim, ib. Clerks to issue process in bail cases, 152. How to recover money out of the hands of clerks, by them col- lected, 305. Subject to pay 20 per cent. per annum on the amount in default, ib. What deemed a sufficient notice of a demand, ib. Of the superior court. Clerk of the superior court to record certain receipts, 66. And keep a file of them ; his fees, ib. 67. Guardian’s bond recorded in the clerk of the superior court’s of. fice, and deposited in the clerk of ordinary’s office, and clerk’s fee, 106. Clerk's duty in collecting costs, 275. His duty in having convicts conveyed to the penitentiary, 282. Persons bringing slaves into the State, must take an oath before the clerk of the superior court, 320. Further duty of the clerk with regard to the introduction of slaves, 322. His fee, ib. Of the inferior court. , , Clerk of the inferior court to give a receipt for county money re- ceived by him, 66. He must exhibit a statement of the county funds to the grand jury, 68. On failing to comply, he may be fined, ib. Allowed a compensation for that service, ib. He must keep a register of the names of notaries public qualified, 71. His fee, ib. Clerk of the inſerior court’s duty in receipting for money paid to the county treasurer, 74. 446 INDEX. CLERKS. Of the superior court. Clerk of the inferior court’s duty in receiving and recording cer- tain articles exempt from seizure and sale for debts, 93. His duty in reporting to the comptroller general, all pedlars pass- ing through his county, 274. His duty in issuing certificates of registry of freedom to #ºn. of colour, and his fee, 311, 12. Tax collector’s bond to be recorded in the clerk of the inferior court’s office; his fee, 330. Of the court of ordinary. Clerks of the court of ordinary to record all administrators and guardian’s bonds within six days after they are taken, 65. May record the births of citizens of his county, and his fee, 69. If he refuses to record the births, he shall pay five dollars, ib. Clerk of the court of ordinary, with one of the members of the court, may adjourn the court in certain cases, 78. Guardian’s bond to be deposited in the clerk of the court of ordi- nary’s office, after being recorded in the superior clerk’s of. fice, 106. Courts of ordinary may fill the vacancy of their clerks, and how long they may continue in office, ib. Clerk of the court of ordinary’s duty in examining the returns of executors, administrators, and guardians, and reporting the same to the court, and his fee, ib. They must keep a docket with the names of the persons liable to make returns inserted therein, 109. Penalty for not complying, ib. He may adjourn the court of ordinary in certain cases, 112. If he takes any guardianship, he must give bond, 114. His fees in certain cases, 119, 20. CLINTON. Reference to acts relating to, 398. COLUMBUS. Reference to acts relating to, 398. COMMISSIONERS OF ACADEMIES. The inferior court has the exclusive right of appointing commis- sioners of acadmies, 70. COMPTROLLER GENERAL. The attorneys and solicitors general to make an annual report to the comptroller general, 16. And by him reported to the legislature, 17. Comptroller general’s salary, 121. Perquisites to be paid into the treasury, ib. Pedlars must apply to the comptroller general for license, 272. His fee. Pedlar's license to last one year, and the price of it $100, 273. # INDEX. 447 COMPTROLLER GENERAL. The applicant must be described in the license, 273. His duty in publishing the names of pedlars taking out licenses, 274. His duty in making a report to the legislature, 323. Not to accept drafts on exhausted appropriations, ib. Nor shall the treasurer pay it, presidents and speaker’s warrants excepted, ib. t The accountability of the comptroller general and treasurer, and their securities, for transcending their duty, 324. The comptroller general to keep a regular account with the trea- surer, ib. He must report to the legislature the first week of the session, and what the report must contain, ib. All banks which may have money payable to the treasury, shall be subject to the draft of the comptroller general, 325. Governor not to interfere with the collection of taxes longer than the next meeting of the legislature, ib. Executions for taxes issued by the comptroller general only, ib. All evidences of debt, due the State, to be deposted in the comp- troller general’s office, and his further duties, ib. The comptroller general, to furnish the attorney and solicitors ge- neral with a list of executions issued, or to be issued for taxes, ib. - Their duty in reporting the same, ib. The comptroller general to issue executions for all taxes in arrears, 326. His duty in approving warrants, ib. Defaulting tax collectors to pay twenty per cent. per annum on the amount in.default until paid, ib. Sheriff’s duty in reporting to the attorney general, his actings, &c. on all executions in favour of the State, ib. - In case of default, what may be done, ib. \ Sheriffs to pay at the rate of twenty per cent. per annum, for what he may be in default, ib. Attorney and solicitors general to pay at the rate of twenty per cent. per annum on public moneys in his hands, when retain- ed, ib. Additional salary to the comptroller general, ib. CONFISCATED PROPERTY. Funds arising from the sale of confiscated property to be for the county academies, 1. CONSTABLE. Constable’s duty when levying on stock or shares in banks, 18. To make a return of the levy to the sheriff, ib.' A constable, one of the justices of the inferior court, and the clerk may adjourn the inferior court in certain cases, 78. 448 INDEX. CONSTABLE. Constables must attend the city Court in Savannah, 80. How proceeded against for neglect, ib. Constable’s duty in summoning a jury of inquest, 88. Defaulting constable, how dealt with, 89. They may be ruled by justices of the peace to pay over money, 193. Persons buying mortgaged property at constable's sales must give bond, 186. They must carry prisoners to the nearest jail in another county, in certain cases, 304, The keeper of the jail bound to receive prisoner, if he is secured in his jail fees, ib. The hours of sheriffs and constables’ sales, 305. How to recover money out of the hands of constables, collected by them, ib. Such officer shall pay at the rate of twenty per cent, per annum, ib. What deemed a sufficient notice of a demand, ib. Constables to be elected by popular vote, on the first Saturday in January in each year, 306. Elections, how superintended, ib. They must take an oath, and give bond and security, 307. If the election should not take place on the first Saturday in Janu- ary, or in case of a vacancy, what may be done, ib. If notes, &c. are placed in a constable's hands to collect, he must give a receipt, and pay over the money to the person so plac- ing them in his hands, ib. Bonds taken by a constable for the forthcoming of property, levied on by him, to be valid, 308. º: Bonds so taken, not to prejudice the rights of the plainitff, ib. CONSTITUTION. The constitution to be carried into effect by the legislature, 376. How it is to be altered or amended, 377. The constitution, 361. CONTEMPT. Each branch of the legislature may punish for contempt, 363. CONTINUANCE. The defendant no right of continuance on account of being held to bail. Further continuance as to debtors and dower,94, 95. 97. 156. CONVEYANCE. Conveyance of lands, by the husband valid, except such lands as he may have obtained by his intermarriage with his wife, 98. In which case the wife’s relinquishment is necessary, ib. Explaining the rules of conveyances generally, 110. What shall be a fee simple estate, unless otherwise expressed. INDEX. 449 CONWICTS. How convicts are to be conveyed to the penitentiary, 282. COPARCENERS. How to obtain writs of partition, 270. CORPORATION. Corporation of a town or village may exact from a pedlar not ex- ceeding fifteen dollars for every day he may exhibit for sale his goods, &c. 274. Corporate towns may compel proprietors or exhibiters of shows to pay a sum not more than fifty dollars, nor less than five, for every day they may exhibit, 327. CORONERS AND CORONER'S INQUEST.S. What shall disqualify a coroner from receiving his commission, 67. Where they are to advertise in several counties, 71. The coroner, one of the justices of the inferior court, and the clerk may adjourn the inferior court, in certain cases, 78. Coroner’s oath, 87. They are to take inquests, 88. To make out a precept, directed to a constable—its form, ib. The constable to execute it, ib. The coroner to return any defaulting constable to the inferior court, 89. Defaulting juror may be fined, ib. But may render an excuse within ten days, 89. The coroner must swear twelve jurors, seven of whom may return a verdict, ib. Foreman’s oath, ib. Coroner to charge the jury, ib. He may issue process for witnesses, and the witnesses oath, 90. He must deliver the inquisition to the next superior court, ib. Evidence must be taken down in writing, and the witnesses bound over to court, ib. The inquisition, evidence, and recognisance must be certified, ib. Coroner in default, how dealt with, he is to give bond, ib. 91. Coroner and constable’s fees, 91. Persons buying mortgaged property at coroner's sales must give bond, 186. (n.) How to recover money out of the hands of coroners, collected by them, 305. Such officer to pay at the rate of twenty per cent. per annum, ib. What deemed a sufficient service of a demand, ib. Coroner’s to put purchasers at their sales in possession of any real estate by them sold, 306. Bonds taken by a coroner for the forthcoming of any property le- vied on by them, to be valid, 308. Bonds so taken not to prejudice the rights of the plaintiff, ib. 57 450 INDEX. COSTS. Officers not to retain costs on young judgments, to the prejudice of old ones, only in certain cases, 163. Costs under the act of 1821, 185 (n.) All the property a person has at the time of being arrested, bound for the cost of prosecution, 275. Judgment to be entered up for the costs, ib. Persons entitled to costs to hand in their accounts within ten days after conviction, ib. Clerk’s duty in collecting costs—Defendant in indictment, not to pay cost till after conviction, ib.,279. COUNTIES. Reference to local acts relating to, &c. 391. COUNTY ACADEMIES. Reference to local acts relating to, 380. COUNTY FUNDS. Expenses for transcribing the county records, to be paid out of the county funds, 63. A statement of the county funds must be exhibited to the grand jury, 68. 75. Sheriffs in several counties to be paid out of the county funds for summoning juries, 306. Any part of an insolvent list collected, shall form a part of the county funds, 331. One half of the State tax collected in counties to be reserved for county purposes, ib. 332. 334, 35.438. The inferior court may use any surplus county funds, for the pur- poses of education, 9. COUNTY OFFICERS. Tax collector not paying over county tax by the first Monday in December, after being collected, the inferior court may issue an execution, 72. Such collector shall pay twenty-five per cent. on the amount not paid over, which must be included in the execution, ib. Clerk of the inferior court to give a receipt for moneys received from any person for county purposes, 66. All county officers to pay over money in their hands belonging to the county, to the clerk of the inferior court, and on failing to do so shall be fined, ib. 67. & What shall disqualify a county officer from receiving his commis- sion, 67. County officers shall swear that they are not the holder of any pub- lic money unaccounted for, ib. ,” All county officers shall apply within ten days after being notified of the arrival of their commission, and qualify, or their of fices considered vacant. Such person shall not be a candidate for re-election, 68. INDEX. 451 COUNTY OFFICERS. Clerks of the courts of ordinary may record the births of the citi- zens of his county, 69. His fee, 69. Parents may have their children’s names, ages, and births record- ed, ib. Clerk refusing to make such record, shall pay five dollars, ib. The inferior courts have the exclusive right of appointing notaries public, vendue masters, lumber measurers, and commission- ers of academies, 71. County officers in several counties where to advertise, ib. 305. (n.) How vacancies of county officers are to be filled, 72. Only to fill the time of their predecessor, 73. In case of a tie, another election to be ordered, ib. What is to be done in the interim, ib. All officers civil and military to take an oath to prevent duelling, ib. The oath, ib. COUNTY SURVEYOR. County surveyor’s fees in certain cases, 120. He is to make out and certify certain fees, ib. COUNTY RECORDS. The inferior courts may have transcribed in new and well bound books the records of their counties, 62. They must appoint a person for that purpose, and take bond and security, ib. When finished the court must appoint a person to examine the same, 63. The duplicate record shall be received and read in evidence, ib. Expenses to be paid out of the county funds, ib. Clerks of the courts not copying into a book of record, the proceed- ings in all civil cases fully, what may be done, ib. The persons who may be employed to transcribe the records, shall be the lowest bidder, and shall give bond and security, 64. The inferior court may sue on the bond, ib. If there be no valid bond of a clerk, the superior court must rule him to pay the amount which may seem to be right, 64. Proceedings in all civil and criminal cases, shall be copied into re- cord books, previous to the next term of the court after being determined, 65. The grand juries at each term must inspect the offices, and if not properly kept, they shall cause the defaulting clerk to be pre- sented, ib. And the superior court shall order his bond to be prosecuted, ib. Guardians and administrator's bonds to be recorded within six days after they are taken, ib. 452 INDEX. COUNTY TAX. County tax to be paid over by the first Monday in December, after being collected, 72. Extra tax may be levied by the inferior court, and collected by the tax collector, 76. Not to exceed fifty per centum on the amount of the State tax, 77. Not to be levied, unless by the recommendation of two-thirds of the grand jury, ib. Tax collector to give bond and security, and have the usual com- mission, ib. COUNTY TREASURER. The justices of the inferior court may appoint a county treasurer, 74. Who must give bond and security, and take an oath, ib. Persons having county money in their hands, must pay it over to him by the fifteenth day of December in each year, or pay twenty per cent, interest on the amount, ib. Treasurer must give a certificate of the money received by him, the clerk of the inferior court to receipt for it, and keep it on file, ib. What must be done when a person obtains a tavern license, ib. The treasurer to pay all orders passed by the inferior court, direct- ed to him, 75. He shall keep a book of entry, ib. Subject to the inspection of the court, or any person interested, ib. He shall make an exhibit of the county funds to the grand jury, 75. The justices of the inferior court may issue an execution against him, when in default, ib. His appointment not to abrogate the office of trustee of the poor school fund, ib. The inferior court may allow him a compensation, ib. COURTS. (See the several titles, distinctly appropriate to each.) COURTS OF ORDINARY. Courts of ordinary may fill the vacancy of their clerks, 106. Only to fill the time of their predecessor, ib. May rule executors, administrators, and guardians for misconduct, and may dismiss them, 108. And if dismissed, suits brought by or against them not to abate, 109. Court of ordinary may compel natural guardians to give bond and security, 110. if the guardian refuse, the executor or administrator may refuse to give up the property, ib. And the court may appoint such person as would be entitled to the same, ib. Appeals may be taken up from the court of ordinary, in certain cases, 111.373. 490. *- INDEX. 453 COURT OF ORDINARY. Sheriff’s duty in opening and adjourning the court, 112. The clerk may adjourn it in certain cases, ib. Courts of ordinary may grant the sale of real estate in the hands of executors, &c. ib. * Sales, when and where to take place, and how long advertised, ib. Notice of application must be published four months, 113. Administrator's discretion under the direction of the court of or- dinary, in hiring and renting, ib. * The court may grant letters dismissory to guardians, ib. Forty days’ publication of nisi, ib. Court to examine his return strictly, and if he turns over any mo- ney, &c. what may be done, 114. Clerks taking any guardianship, must give bond and security, ib. Guardians must give bond in double the amount of their ward’s property, ib. Court may appoint guardians of illegitimate children, ib. May order a sale of the property of orphans, idiots, lunatics, and illegitimate children, ib. Its power and duty in granting administration, when a widow , marries, 116, 17. The court of ordinary may grant an order to guardians to hire out, publicly or privately, the slaves of their wards, 118. May also pass an order for them to keep slaves together, ib. May pass an order authorizing guardians to have plantations, &c. cultivated for the benefit of their wards, ib. And may authorize them to buy or rent lands, ib. Certain bonds given to the court of ordinary, &c. declared valid, 169. Where the powers of the courts of ordinary, or register of pro- bates are vested, 373. COWINGTON. \ Reference to acts respecting, 398. CREDITORS. Creditors of insolvent debtors to be notified of their intended dis- charge, 95. | CRAWFORD WILLE. Reference to acts respecting, 398. T). DAMAGES. How damages are to be ascertained for taking possession of cer- tain property, by the Savannah, Ogechee and Alatamaha Ca- nal Company, 141, 142. Any person throwing dirt, rubbish, &c. in the canal, to pay four- fold damages, 143. Damages on protested bills of exchange, 164. 176. 454 INDEX. DAMAGES. Damages to be assessed on the trial of claims, to be the amount of the execution due at the time of the levy, 181. § But if the amount of the property claimed be less than the amount of the execution, then on the amount of the value of the pro- perty, ib. Any holder of bills issued by banks, may sue and recover damages in certain cases, 29. 31. DATE. . From what date judgment to bind property, 162. Property of persons arrested, bound from the date of the arrest for costs, 275. Militia officers to preside at courts of inquiry, according to the date of their commissions, in certain cases only, 268. DARIEN. Reference to acts respecting, 398. DE BENE ESSE. Testimony may be taken by commission and de bene esse, 165. DEBTORS. Jail bounds to be laid off, 91. Debtor arrested upon a civil process, may tender to the arresting officer a bond with security, 92. Bond assignable to the plaintiff, ib. Arresting officer refusing to take such bond, may be indicted, ib. Or if he take insufficient security, shall be bound himself, ib. Certain articles exempt from sale for debt, 93. Duty of the levying officer in returning to the clerk of the inferior court the exempted articles, ib. A person arrested by virtue of a capias ad satisfaciendum, may tender to the arresting officer a bond with security, 93. If he fail to appear, judgment may be entered up instanter upon the bond, 94. An issue may be made up and submitted to the jury, and the plea of non est factum, how received, ib. For what cause there may be a continuance, ib. If the debtor die before the trial of the issue, it shall be a discharge of the bond, ib. If the debtor be taken within twenty days of the sitting of the court, returnable to the next succeeding term, ib. Upon the debtor’s tendering such bond, the officer shall release him, ib. The security may surrender his principal to the next court, and his power to do so, ib. The debtor may move the court to take the insolvent debtor’s oath, or swear to his schedule, 95. Must give ten days’ notice to his creditors, ib. Clerk to make the entry upon the minutes, ib. DEBTORS. The body of the creditor hereafter to be exempt, 95. Suggestion of fraud to be tried by a jury, ib. Case may be continued; the finding of the jury, ib. Schedule to be filed with the clerk, ib. "Any person complying with the provisions of this law shall not be imprisoned for debt, 96. t $ The person of the debtor not to be imprisoned for debt, only on certain conditions, 375. DECATUR. Reference to acts respecting, 398. DEDIMUS. Dedimus must accompany a commission in certain cases, 67. DEEDS. Certain deeds admitted to record, and received and read in evi- dence in courts, 172, 3. What proof necessary to admit a deed of conveyance to record, 177. All deeds of lands proven in a certain way and recorded, shall be read in evidence, 179. If the originals are lost, copies may be read in evidence, ib. The governor to appoint commissioners to take proof of the ac- knowledgment of deeds of lands lying in this State, 181. DESCENT. The mother heir to her illegitimate children, 256. A widow entitled to all deceased husband's estate, after the pay- ment of debts, where he dies without issue, 98. DIGEST. The laws to be digested, 373. DISMISSORY LETTERS. (See Ea:ecutors, Administrators, and Guardians.) DISTRIBUTION. The governor not to make distribution of academy funds till the trustees make returns, 6. The wife entitled to all her deceased husband's property, after the payment of debts, if he die intestate and without issue, 98. Real and personal estate, upon the same footing as to distribution, 107. What must be done where there has been advancements to chil- dren, ib. Husband may have administration on the wife's estate, without be- ing subject to distribution, ib. 116. DISTRICT ATTORNEYS. The district attorney in certain cases to appoint an attorney at law, to attend to certain cases in a State or county court, 358. The attorney so appointed shall be sworn, ib. 456 INDEX. DISTRICT COURTS. Laws of the United States. In what cases the district courts shall have exclusive jurisdiction, 352, - In what cases exclusive original cognizance, saving to the suitors a common law remedy, ib. * In what cases cognizance concurrent with the courts of the several States, ib. And further cognizance, concurrent, ib. Exclusive jurisdiction in certain cases, ib. What trials to be by jury, ib. No person to be arrested in one district, for trial in another, 353. No civil suit to be brought against a person in any district, but the one in which he lives, ib. In what cases the district courts shall not have cognizance, ib. The circuit courts shall have appellate jurisdiction from the district courts, ib. The supreme courts may issue writs of prohibition, and mandamus to the district courts, 355. Certain cases determined by the district courts, may be re-examin- ed, and reversed or affirmed, by the circuit court, and how removed to that court, ib. The district courts shall have cognizance, concurrent with the courts and magistrates of the States, and the circuit courts of the U. S. in certain cases, 359. DIWORCES. How granted, 374. Reference to acts relating to, 389. DOCKET. Clerk of the court of ordinary must keep a docket, 109. DOCUMENTS. Certain documents received as evidence in courts of justice, 168. DONATIONS. How to be granted, 367. DOWER. Superior courts may issue writs to assign and set off dower, 96. Three persons to be appointed, but a majority may act, and must be sworn, ib. How notice of application must be made, ib. Traverse tried by a jury, may be continued, ib. Lands lying in different counties, application must be made in each county, 97. Return of the writs of dower, ib. Any person being dissatisfied, what may be done, ib. Continuance of the cause, ib. Writs of possession may issue, ib. * Notice to the parties by the person making the assignment, ib. INDEX. 457 DOWER. The persons making the assignment, may employ a surveyor, 98. Their compensation, ib. Execution may issue for the amount, ib. Conveyance of lands by the husband valid, ib. Except such lands as he has obtained by his intermarriage with the wife, ib. In which case, the wife’s relinquishment is necessary, ib. DUBLIN. Reference to acts respecting,398. DUELLING. All officers, civil and military, to take an oath to prevent duelling, 73. The oath, ib. E. EATONTON. Reference to acts respecting, 398. EBENEZER. Reference to acts respecting, ib. ELBERTON. Reference to acts respecting, ib. ELECTIONS. The governor to issue his proclamation, declaring the number of members of congress this State is entitled to, 99. Day of election for representatives in congress to be on the first Monday in October biennially, ib. Fixing the time of electing the electors of president and vice-pre- sident of the United States, 100. Elections, how opened and conducted, ib. 103. (n.) What number to be elected, 100. Returns, how to be made by the magistrates, ib. 103. (m.) In counties containing election districts what may be done, ib. The governor's duty after receiving the returns, 100. Such returns to be sent by express in some cases to the governor, and to be paid for carrying them, 103. A candidate not receiving a majority of the votes given in, the ge- neral assembly may elect, 101. In case of the death, or non-acceptance of any elector, the vacancy to be filled by the general assembly, 102. See law on elections generally, 103. (n.) Constables elected by popular vote, on the first Saturday in Janu- ary in each year, 306. Elections, how superintended—constables to take an oath and give bond and security, ib. 307. If the election should not take place on the first Saturday in Janu- ary, or in case of a tie, what may be done, 307. 58 458 INDEX. ELECTIONS. Laws of the United States. Elections for electors of president and vice-president of the United States, to be held in each state within thirty-four days previ- ous to the first Wednesday in December, 1792, and within thirty-four days preceding the first Wednesday in December, in every fourth year succeeding the last election, 349. What number of electors in each State, ib. If no apportionment, then, what number, ib. The electors to meet and give their votes on the first Wednesday in December, ib. To make and sign three certificates of the persons voted for, &c. ib. A person to be appointed by the electors, to deliver one of them to the president of the senate, at the seat of government, be- fore the first Wednesday in January, one to be sent by mail, the other delivered to the judge of the district court, 350. The governor to cause three lists of the names of the electors to be made out, and delivered to the electors, who shall annex one of them to each of their list of votes, ib. If the list of votes do not arrive at the seat of government, by the first Wednesday in January, what the secretary of state must do, ib. Time of counting the votes by congress, is the second Wednesday in February, ib. If there be no president of the senate at the seat of government, returns to be delivered to the secretary of state, ib. Compensation of persons delivering them, ib. Persons receiving such returns and not delivering them, shall for- feit $1000, ib. • In case of the vacancy of president and vice-president, who shall act, 351. The secretary of state shall cause a notification to be made, to the governor of each State, and electors when to be appointed, ib. What shall be deemed as a refusal to accept, or resignation of the office of president and vice president, 351. The fourth day of March shall be the time, when the term which a president and vice president elected shall commence, ib. State Laws. Senators of the State, elected annually, 361. Shall elect a president out of their own body, 362. Time of election for members of the State legislature, ib. Each house to be judges of its own elections, and qualifications of members, 363. Governor of the State, elected by the popular vote, 368. Manner of superintending and making returns of the election, ib. Justices of the inferior court, and justices of the peace, how elect- ed, 373. INDEX. 4.59 ELECTIONS. State Laws. Judges of the superior court, how elected, 371. Sheriffs, clerks of the superior and inferior court, how elected, 374. Qualifications of the electors of members of the general assembly, ib. Place of holding elections in certain cases, ib. Elections by the general assembly to be by joint ballot, 375. Militia officers, how elected, ib. Vacancy of county officers, how the elections are to be held, 72. Reference to local acts on the subject of election districts, 389. ELECTORS OF PRESIDENT AND WICE-PRESIDENT. (See Elections, and President and Vice-President.) EMBEZZLEMENT. # Embezzlement of papers and property of the Savannah, Ogechee and Alatamaha Canal Company, what punishment for, 148. ENDORSEMENT. Endorsement on a note creates the same liability as being security, but may define his liability, 170. Not to extend to endorsements on notes negotiated at any chartered bank, ib. Endorser notifying the holder of a note to collect the same, if he neglects to do so for three months after it falls due, the en- dorser not liable, 171. ENGINEER. The civil engineer, Hamilton Fulton, discharged from the service of the state, 150. The office of civil engineer abolished, ib. ENGLISH STATUTES. * The legislature authorized a compilation of the English statutes of force in the State of Georgia, 327. - The governor authorized to appoint three persons to examine the same, and if approved to subscribe for two thousand copies, ib. EQUITY. Bills in equity, other than bills of injunction, ne exeat, and quia timet, not necessary to be read and sanctioned by the judge of the superior court, before filing the same, 174. ESCHEAT LAWS. Funds arising under the escheat laws added to the county acade- mies, 1. ESTATE. -- ~~~~ Deceased joint tenant's estate distributed according to the laws of the estate, 179. EVIDENCE. Duplicate records shall be received in evidence in certain cases, 68. 460 INDEX. EVIDENCE. Attachments in relation to evidence in the city court of Augusta, 85. Evidence of witnesses before a coroner to be taken down in wri- ting, 90. Such evidence must be certified, ib. What copies of official bonds may be read in evidence, 111. Certain grants may be read in evidence, 122. Certain acts and protests of notaries public, received in courts as evidence, 163. But either party may have the benefit of such notaries’ testimony, ib. º Testimony may be taken by commission and de bene esse, 165, 6. Certain documents received in courts as evidence, 168. Certain deeds admitted to record, and received and read in evi- dence, 172, 3. All deeds of land, proven in a certain way and recorded, shall be read in evidence, 179. And if the originals are lost, copies may be read in evidence, ib. Interrogatories of females may be taken in certain cases, 184. Such females refusing to give evidence before the commissioners, what may be done, ib. Certificates of public officers received in evidence, 186 (n.) How open accounts may be proven, to make them evidence in justice’s courts, 293. On a trial for gaming, any person who may have played and bet- ted is a competent witness, and compelled to give evidence, 280, 81. Shall not be accountable for what he may testify to, only in an indictment for perjury, 281. Certain record of plots deemed good evidence, 341. Must be authenticated by one or more of the surveyors, ib. Surveyor’s oath, ib. Where the original is lost, a duplicate must be made out and re- corded, 342. EXCHANGE. (See Bills of Exchange.) EXECUTION. Execution may be stayed sixty days, by giving security and pay- ing costs, 80.86. To be issued against the principal and security, ib. Executions, how directed; levy of executions, 84. Plaintiff in judgment or execution, may transfer it and the assignee may collect it, 182. Executions paid off by the defendant, not to be kept open, ib. Executions for taxes, issued by the comptroller general only, 325. INDEX. 461 EXECUTION. The comptroller general to furnish the attorney and solicitors ge- neral, with a list of executions hitherto issued or hereafter to be issued for taxes, 325. Their duty in reporting on the same, ib. The comptroller general to issue executions for all taxes in arrear, 326. In what cases executions may be issued from the supreme court of the U. S. 356, 7. EXECUTORS, ADMINISTRATORS, AND GUARDIANS. The principal and security on executors, administrators, and guar- dian’s bonds may be sued in the same action, 105. Must go against the principal first, if in the State, or may include all in the same action, ib. Execution to go against all, but levied upon the property of the principal first, if within the county, ib. If the security pays any part, he shall have the control of the ex- ecution to remunerate himself, ib. Guardians must take an oath; their oath, ib. Must give bond and security in double the amount of the ward’s property, 106. Bond, where recorded and deposited, ib. Clerk’s fee, ib. The court of ordinary may fill the vacancy of their clerk, ib. To continue in office no longer than his predecessor would have done, ib. * Executors, administrators, and guardians to exhibit their accounts and vouchers to the clerk, who may qualify them and report to the court, ib. Clerk’s fee, ib. Real and personal estate upon the same footing as to distribution, 107. What must be done when there has been an advancement to chil. dren, ib. Husband may have administration of the wife’s estate without be- ing subject to distribution, 107. 116. How executors, administrators and guardians may be ruled to court, or dismissed for misconduct, 108. Iſ dismissed, suits brought by or against them, not to abate, 109. Clerks of the courts of ordinary to keep a docket, with the names of persons liable to make returns inserted therein, ib. His penalty for not complying, ib. Explaining conveyances in gifts, grants, bequests, devises and conveyances, 110. What shall be a fee simple estate, unless otherwise expressed, ib. Natural guardians compelled to give bond and security, ib. 462 INDEX. EXECUTORS, ADMINISTRATORS AND GUARDIANS. If they refuse the executor, or administrator may refuse to give up the property, 110. And the court may appoint such other person as would be entitled to the same, ib. º When an executor, administrator, or guardian’s bond cannot be produced in court in any suit, a certified copy will do, unless denied on oath, 111. Appeals may be taken up from the court of ordinary upon the probate of wills, &c., when matters of fact are involved, ib. Sheriff’s duty in opening and adjourning the courts of ordinary, 112. tº. The clerk may adjourn the court of ordinary in certain cases, ib. The court of ordinary may grant the sale of real estate, in the hands of executors, administrators and guardians, ib. Sales when and where to take place, and how long published, ib. Notice of application must be published four months, 113. Administrator’s discretion under the direction of the court of ordi- nary in hiring and renting, &c. ib. Guardians may obtain letters dismissory from the court of ordina- ry, ib. Forty days publication of nisi, 113. Court to examine his returns strictly, and if the guardian pays over any money, &c., what may be done, 114. Clerk taking any guardianship, must give bond, ib. Guardians must give bond in double the amount of the ward’s pro- perty, ib. Courts of ordinary may appoint guardians of illegitimate children, ib. – The court may order the sale of the property of orphans, idiots, lunatics and illegitimate children, 115. Executors entitled to no more of their testator’s estate, than their commissions, but may hold the undivided property as trustees for the distributees, 116. Widow’s marrying, their letters revoked, and who entitled to the administration, ib. * How a service of a misi is to be made, 117. Administrators de bonis non, how made a party to a suit, ib. How a service of notice of waste by executors, &c. is to be made, ib. Guardians may hire publicly, or privately, any slave under their control as such, by leave of the court of ordinary, 118. And may keep them together by an order of court, ib. They may cause plantations to be worked, and cultivated for the benefit of their wards, ib. And when the minors may not be possessed of any lands, the guar- dians may purchase or rent lands, by an order of court, ib. INDEX. 463 ExECUTORs, ADMINISTRATORS AND GUARDIANS. Guardians must keep regular accounts, and make regular returns, 119. Certain administrators and guardians bonds declared valid, 169. EX POST FACTO. No ex post facto law shall be passed, 375. F. FAYETTEVILLE. Reference to acts respecting, 398. FEES. Clerk of the superior court’s fees, 67. 322. Clerk of the court of ordinary’s fees, 69. 106. 119, 20. Clerk of the inferior court, 68.71. 311. 330. Coroner and constable's fees, 91. 186. (n.) Fees on grants, 119, 120. 122. 207. 214, 230. 239. 254, 255, and (note.) Sheriff’s fees, 120. 186. (n.) 306. County surveyor’s fees, 120. Partitioner's fees, ib. County surveyor to make out and certify certain fees, ib. Secretary of state's salary, 121. Treasurer’s salary, ib. Surveyor general’s salary, ib. Comptroller general’s salary, ib. Perquisites of each of them to be paid into the treasury, ib. See further fees, 119. (n.) 185, 6. (n.) FEME COWERT. º Feme covert dying intestate, the husband may have administration of her estate, &c. without being subject to distribution, 107. FERRYMEN. Ferrymen exempt from militia duty in time of peace, 207. FINES AND FORFEITURE. Fines and forfeitures arising from criminal prosecutions added to the county academy funds in Columbia and Jones counties, 381. 384. Fines may continue to be enforced in certain cases, 278. FIERI FACIAS. (See Easecution.) FISH. Reference to acts relating to the keeping open rivers for the free passage of fish, 151. FORECLOSURE. Foreclosure of mortgages on real estate, 173. 185. FOREIGNERS. (See Aliens.) FORSYTH. Reference to acts relating to, 398. 464 INDEX. FRANKLINSWILLE. Reference to acts relating to, 398. FRAUD. Suggestion of fraud tried by a jury, 95. FREDERICA. Reference to acts relating to, 398. FREE PERSONS OF COLOUR. Not to be sold into slavery, 310. Free persons of colour may sue and be sued by their next friend, as well as by their guardian, 313. Guardians of free persons of colour may resign, ib. FREESCHOOLS. (See Academies and Freeschools.) FREEDOM OF CONSCIENCE. Preserved by the constitution, 376. G. GAINSWILLE. Reference to acts relating to, 398. GAMING AND GAMING TABLES. Any person keeping a gaming house or table, subject to imprison- ment in the penitentiary, 280. Keeping or using certain other tables, or playing at certain games, how punished, ib. Persons playing and betting at certain other games or tables, how punished, ib. On the trial, any person who has played and betted is a compe- tent witness, and compelled to give evidence, and shall not be accountable for what he may testify to, only in an indict- ment for perjury, 280, 81. Judges to give this act in charge to the grand jury, 281. GARNISHEES. Garnishees failing to appear and answer, may be proceeded against by attachment for contempt, 161. If the garnishees reside out of the county, what may be done, 167. Bound to answer at the court to which it may be made returnable, ib. GARNISHMENT. Summons of garnishment may be served upon officers and agents of insurance companies, 14. Parties, plaintiff, may issue summons of garnishment, how, and in what cases, 160. Plaintiff to make affidavit of the amount of his debt, to be filed in the clerk’s office, ib. 161. Summons of garnishment may issue after judgment upon an addi- tional oath, and there being a return of no property, ib. If returnable to the supérior court, must be served by a sheriff twenty days before court, ib. INDEX. 465 GARNISHMENT. And if returnable to a justice’s court, must be served by a consta- ble ten days before court, 161. If the garnishee fail to answer, he is subject to attachment for con- tempt, ib. Money raised by summons of garnishment, must be paid to satis- fy judgments, ib. The benefits of this act extended to the city of Augusta, Darien, and Savannah, and to courts which may be hereafter estab- lished in any incorporated town, ib. 162. What must be done before a summons of garnishment can issue, 166. If the garnishee resides out of the county, what may be done, 167. Acts of 1830 amending this act, 166 (n.) When and where made returnable, 167. Bound to answer at the term of the court to which the summons is made returnable, ib. It may be dissolved by giving security, ib. Applicant must give bond and security, as in cases of attachment, 168. GENERAL ASSEMBLY. What shall disqualify a member of either house, 363. Members ineligible to offices of profit, ib. General assembly to meet annually, and what shall be a quorum, ib. Powers of the general assembly, 365. Donations, how granted, 367. Elections by the general assembly, to be by joint ballot, 375. GEORGIA. The governor of Georgia to furnish the governor of South Caro- lina with certain laws, 135. Not to attempt to procure a full ratification of a convention with South Carolina, as relates to the navigation of Savannah and Tugalo rivers, 150. State boundary, 323. 365. GOVERNOR. How elected, 368. Officers superintending the election for governor, to transmit the returns by mail to the governor, 103. To be sent by special messenger in certain cases, and he may be compensated, ib. He is to be elected for two years, 368. His qualification, and vacancy, how filled, 369. His oath, and style, 370. His power in pardoning, ib. * He shall issue writs of election, to fill vacancies in either branch of the legislature, ib. 59 466 INDEX. GOVERNOR. May call special sessions of the legislature, 370. Shall fill vacancies in office, ib. His power in making laws and passing resolutions, ib. 371. He may appoint his own secretaries, ib. He is not to interfere with the collection of taxes longer than the next meeting of the legislature, 325. Authorized to appoint three persons learned in the law, to examine a compilation of the English statutes in force in Georgia, and if approved to subscribe for two thousand copies, 327. To draw his warrant on the treasury for the poor school fund, 6.8, 9, 10. --- Governor’s salary and oath, 368. 370. May appoint three directors of the Central Bank, 54, 5. Record of the proceedings of the bank, subject to the inspection of the governor, 56. He shall deliver the money in the treasury to the directors, 57. His duty in having certain fractions sold, 234. He is to issue his proclamation declaring the number of members of congress this State is entitled to,99. His duty after receiving returns of the election of electors of pre- sident and vice-president of the United States, 100. He is to cause three lists of the electors’ names to be made out, and delivered to the electors, 350. To appoint two commissioners to open a road from the Alapaha to the Florida line, 294. To appoint two superintendents for the improvement of the roads and rivers, 297. To appoint agents to purchase slaves, and allow them a compen- sation, 302. The governor and secretary of state may correct errors in issuing grants, 123. He is to fill vacancies of the commissioners of certain rivers, 132, 33. 135. His duty in making a report of the proceedings of the commission- ers of the Alatahama river, 133. Authorized to subscribe for stock in the Savannah, Ogechee, and Alatamaha Canal Company, and appoint annually one direct- or, 149. sº He is to transmit to the governor of South Carolina certain laws, 135. All officers of the penitentiary except contractors for supplies, ap- pointed by the governor, 284. He may recommend to the inspectors changes in the regimen, &c. 285. --- sº He may command the services of any of the state house officers, in examining reports of commissioners, ib. INDEX. 467 GOVERNOR. His duty in aiding in the collection of certain money for the Uni- versity, 339. * His duty in issuing certain warrants, 340. GRAND JURIES. The grand juries shall at each term inspect the offices of the clerks, and if the records are not properly made, shall cause the de- faulting clerk to be presented, 65. The grand juries shall have exhibited to them a statement of the county funds, 68.75. Two-thirds of the grand jury may recommend the levy of extra taxes, 77. What time grand juries are bound to notice offences, 185. Duty of grand juries in presenting defaulting overseers, and com- missioners of roads and bridges, 297. GRANTS. Fees on grants, 119, 120, 21, 22. 207. 214. 230. 239. 254,255. (n.) 256. Certain fees on grants to be paid into the treasury, 119. 121. Certain grants may be read in evidence in courts of justice, 122. Grants to certain lands may be taken out, after the first day of March, 1824, by any citizen of this State on paying ten dol lars fees, 122. State house officers’ fees to be taken out of the ten dollars, ib. The governor and secretary of state may correct errors in issuing grants, 123. Certain grants declared valid, 122. 247. Time extended to take out grants, 254, 255. GREAT SEAL OF THE STATE. Where the great seal of the State may be deposited, 371. May be altered, ib. GREEN VILLE. Reference to acts respecting, 398. GUARDIANS. Guardian’s bonds to be recorded within six days after being taken, 65. t; May obtain leave to sell slaves by application to the court of ordi- nary—Sale to be advertised 60 days, and must be at public auction, 77. Four months notice of application must be published, 78. The principal and securities to executors, administrators and guardians’ bonds, may be sued in the same action, 105. Guardians to take an oath, and give bond and security,+his oath, ib. 106. Where the bond is to be recorded and deposited, 106. Guardians duty in making returns, 106. 468 INDEX. GUARDIANS. How guardians may be ruled to court, or dismissed, 108. And if dismissed suits brought by or against them, not to abate, 109. Natural guardians compelled to give bond and security, 110. if they refuse, the executor or administrator may refuse to give, up tº the property, 152. And the court may appoint such other person as would be entitled to it, ib. When a guardian’s bond cannot be produced in court in any suit, a certified copy will do, unless denied on oath, 111. Real estate in the hands of guardians may be sold by an order of court, 112. Sale when and where to take place, and how long advertised, ib. Notice of application must be published four months, 113. Guardians may obtain letters dismissory—Forty days notice of nisi, ib. His returns must be examined strictly, and if he turns over any money, &c. what may be done, 114. Guardians to give bond in double the amount of their ward’s pro- perty, ib. Court may appoint guardians for illegitimate children, ib. Ordinary court may order a sale of the property of orphans, idiots, lunatics and illegitimates, 115. How service of notice for waste by guardians, &c. must be made, 117. Guardians may hire publicly or privately, slaves by order of court, 118. May keep them together by an order, ib. May work them on a plantation if they have lands,--if they have no lands, may buy or rent lands by an order of court, ib. Must keep regular accounts, and make regular returns, 119. Free persons of colour may sue by their next friend, as well as by their guardians, and guardians of free persons of colour may resign, 313. H. HABEAS CORPUS. The judge of the court of common pleas of Augusta has jurisdic- tion in matters relating to habeas corpus, 85. A majority of the justices of the inferior court is necessary to act in i elation to habeas corpus, 112. The writ of habeas corpus shall not be suspended, unless in case of invasion the public safety may require it, 375. HAMILTON. Reference to acts relating to, 398. INDEX. 469 HEREDITARY TITLE. h Hereditary title to be relinquished by aliens before naturalization, 344. HOLMESVILLE. Reference to acts relating to, 398. HOTCH POTCH. Advancements to children, must be brought into hotch potch, 107. HUSBAND AND WIFE. The wife entitled to all her deceased husband's property, after pay- ment of debts, where there is no will nor issue, 98. The husband may have administration of his wife's estate, without being subject to distribution, 107.116. I. IDIOTS. * Idiots entitled to a draw in the land lottery, 236. IMPEACHMENT. Senate shall try impeachments, and extent of judgment therein, 362. House of representatives have the sole power of impeaching, 363. Amnesty as to impeachments, 375. INDIANS. Creek Indians not to cross the Chattahoochie unless they have a permit from the agent, 124. Permit not to exceed ten days, ib. How proceeded against for a violation, ib. If any Indian is found strolling about with a permit, how proceed- ed against, 125. Testimony of Indians not received in courts of justice, ib. Nor be a party to a suit with a white man, ib. Lands within the chartered limits of Georgia, and in the occupancy of the Cherokee Indians, added to several counties, 126. Laws of the State extended over the territory from the 1st day of June, 1830, 127. All laws, &c. passed by the Cherokees to be null and void, ib. Defendant not to justify under them, ib. Nor admitted in any court in this State in any suit, ib. Not lawful for any person or body of persons, to prevent the In- dians from emigrating, nor to punish any Indian for so doing, ib. Subject to penitentiary confinement for a violation of this act, ib. 128. Not lawful to prevent any Indian or headman, &c. from selling any part of said territory to the U.S. for Georgia, or meeting in council for that purpose, 128. Not to take the life of any Indian for enlisting as an emigrant, ced- ing any lands, &c. offence to be by hanging, ib. 470 INDEX. INDIANS. If committed under pretence of any rules, &c. all persons acting therein shall be deemed principals, and punished accordingly, 128. - May be sued in magistrate's courts, and officer’s fee for serving process, ib. If any officer shall be resisted in serving any legal process, what may be done, 129. No Indian to be a competent witness in any suit where a white man is a party, unless such white man resides in the nation, ib. INFERIOR COURT. & The inferior court may appoint a trustee of the poor school fund, 7. To order a suit on his bond in certain cases, ib. May apply any surplus county funds in aid of education, 9. May have the county records transcribed, 62, 3. And may appoint a person for that purpose, ib. . When finished, the court may appoint a person to examine the same, 63, 4. Inferior court may sue on a bond given for the faithful transcribing the records of the county, 64. May issue execution for county tax, 72. May allow their clerks a compensation in certain cases, 68. They have the exclusive right to appoint commissioners of acade- mies, vendue masters, notaries public, and lumber measurers, 70. * The duty of the inferior court in filling the vacancy of county of ficers, 72. They may appoint a county treasurer, 74. * County treasurer must give bond and security, and take an oath, ib. May issue an execution against him, when he is in default, 75. May allow him a compensation, ib. May draw a jury out of term time, 76. The clerk must make out a list and place it in the hands of the sheriff, who must summon the jury, ib. Inferior court may levy extra taxes, and collected by the tax col- lector, ib. Not to exceed fiſty per centum on the amount of the State tax, 77. Not to be levied, unless two-thirds of the grand jury shall so recom- mend, ib. Tax collector shall give bond and security for the county tax, and entitled to the usual compensation, ib. Inferior court sitting as a court of ordinary, may grant the sale of any slave belonging to an estate, ib. Who may adjourn the court in certain cases, 78. The inferior court may build bridges over water courses dividing counties, 79. INDEX. 471 INFERIOR COURT. Certain articles exempt from sale for debts, vested in the inferior courts, for the benefit of the debtor’s family, 93. A majority of justices of the inferior court necessary to act in mat- ters relating to habeas corpus, 112. May fill vacancies in commissioners of the Chattahoochie river, 149. Claims to slaves in a justice's court, to be tried in the superior or inferior court, 169. 180. The judges of the superior, inferior or city court, may examine into cases where bonds have been taken for the security of the peace, 174. May take additional evidence, 175. Trials of claims levied on negroes by attachment in justice's courts, to be tried in the superior or inferior court, 180. The proceedings to be the same as in other cases of attachment, ib. Jury’s oath on the trial, ib. Times of holding the superior and inferior courts, corrected up to January, 1830, 187. The trials to ascertain whether mills, &c, are a nuisance, shall be by the inferior court, but an appeal may be had to the supe- rior court, 279. Jurisdiction of the inferior court, 372. Shall sit twice in a year, and the justices, how elected, ib. 373. INJUNCTION. Bills of injunction, to be read and sanctioned by a judge of the superior court, before being filed, 174, 186. (n.) The judges of the supreme court, may grant writs of injunction in certain cases, 357. No injunction to be granted to stay proceedings in any State court, ib. INQUEST.S. (See Coroners and Coroner's Inquests.) INSOLVENT DEBTORS. (See Debtors.) INSOLVENT LIST. Any part of the insolvent list collected, shall form a part of the county funds, 331. INSURANCE. . Attachments may issue against insurance companies, 14. Officers and agents subject to summons of garnishment, ib. INSURRECTION. Any person bringing, &c. into this State, a pamphlet, &c. having a tendency to excite insurrection, shall be punished with death, 316. INTEREST. What rate of interest to exist between banks, other institutions, and brokers, 34. 472 INDEX. INTEREST. Debtors of the State to pay interest according to the original con- tract, 60. INTERNAL IMPROVEMENT. What the fund for internal improvement composed of, 2. Principal not to be used, 3. This fund not to be taken for the use of the Central Bank, 54. INTERNAL NAVIGATION. Rivers not to be obstructed by fish dams, &c. 129. What part of the Chattahoochie and Chestatee rivers not to be obstructed, ib. How to proceed against the offender; twenty, dollars fine, 130. One-half to the informer, and the other half to the county, ib. Commissioners’ duty,+they must take an oath, ib. Who shall have the preference in putting in fish traps, applicable to Flint river, ib. Report of the commissioners of the Oconee river, 131 (n.) $20,000 appropriated for the improvement of the navigation of the Oconee, 131. Commissioners appointed, and their duty, ib. Oconee navigation board, to turn over the property to the commis- sioners, ib. $10,00 appropriated for cleaning out the channel of the Ocmul- gee river, ib. The commissioners’ power and duty; the governor to fill vacan- cies, 132. $20,000 appropriated for the Alatamaha river: the commissioners to draw for the same, ib. They may purchase slaves, ib. The commissioners must make annual reports to the governor, and by him to the legislature, 133. Reports to be made relative to slaves; appointment of commis- sioners, ib. $10,000 appropriated for the Chattahoochie river, ib. Appointment of commissioners, they must give bond and securi- ty, ib. $5,000 appropriated for the Ogechee river, and commissioners ap- pointed, 133. The governor may fill vacancies, ib. $20,000 appropriated for the Ocmulgee river below Macon, ib. Commissioners appointed; the appropriation to be in Darien mo- ney, ib. 134. None of the foregoing appropriations to be drawn until the engi- neer has made an examination; the engineer to report to the commissioners, 134. $20,000 appropriated for the Savannah river below Augusta, ib. . INDEx. 473 INTERNAL NAVIGATION. To be placed at the disposition of the governor, who must ap- point three commissioners, 134. The principal engineer must attend the commissioners, ib. An examination must take place between Andersonville and Au- gusta, and commissioners appointed, and their duty, ib. 135. The governor may fill vacancies, 135. - The governor of this State must transmit to the governor of South Carolina a copy of this act, ib. The Savannah, Ogechee, and Alatamaha Canal Company incor- porated, with its style and its powers, 136. Capital stock, directors, and the time of their election, 137. Election of a president; disappointment of an election, how re- medied, ib. Death of a president or director, how a vacancy filled, ib. 138. The directors may appoint officers, their compensation, and shall give bond, 138. May make a canal, &c. from Savannah to the Ogechee rivers, and from the Ogechee to the Alatamaha, rivers, and certain other privileges, 138. May appoint collectors of toll, and allow them a compensation, —rate of toll, 130. The collector may stop boats, &c. ib. The manner of ascertaining the tonnage of vessels, ib. When the canal must be completed, i40. May purchase and hold lands, and use lands and waters, ib. 141. May take and use stone, timber, &c. 141. How damages are to be ascertained for taking possession of certain property, ib. Either party may appeal within thirty days, and tried by a jury, ib. Ungranted lands, lying within one-fourth of a mile of the line of canals, may be vested in the corporation, 142. The canal intersecting a public road, what may be done, ib. Books and accounts, liable to inspection by authority of the legis- lature, ib. Canals and locks to be kept in good order, ib. Any person throwing in dirt, rubbish, &c. how dealt with, 143. May make use of water, &c. by paying for it, ib. Canal, &c. exempt from taxation, ib. At the expiration of the charter the State may buy it, ib. $50,000 Darien money loaned to the corporation; what time it must be repayed, and the State to have a lien upon the canal for its redemption, ib. 144. * The State may unite other public works with the canal, 144. Apportionment of votes for directors, ib. 60 474 INDEX. INTERNAL NAVIGATION. A treasurer and secretary may be elected, and their compensation, 145. Quorum and record of proceedings, ib. Minutes of the proceedings subject to the inspection of the stock- holders, ib. When stock is to be called in, and the failure and forfeiture, ib. What amount may be called in, 146. Certificates of stock to be signed by the president, ib. Contracts to be in writing—No director to be a contractor, ib. Dividends to be declared—What lands the corporation may hold, ib. The capital stock may be increased, 147. Old subscriptions to have the preſerence, ib. One thousand shares reserved for the State, and the State may ap- point one director, ib. Transfer of the funds to the corporation, ib. Stockholders nor directors individually liable, ib. Stealing, embezzling, &c. the property of the corporation, how punished, 148. & Certain rights of Ebenezer Jenckes not divested, ib. $10,000 appropriated for the Chattahoochie river, from the Co- weta Falls to its junction with the Flint, and commissioners appointed, ib. Their power and duty—The inferior court to fill vacancies, ib. 149. They must keep a record and make a report, ib. The governor authorized to subscribe to the stock of the Savan- nah, Ogechee and Alatamaha canal company, ib. To draw a warrant on the treasury, and appoint annually one di- rector, ib. Report of the commissioners of the Oconee river, ib. (n.) Report of the committee on agriculture, and internal improvement, 150. (n.) No further appropriations for internal improvement to be made, until some better, &c. system shall be matured and adopted, ib. (n.) Georgia not to attempt to procure the full ratification of a conven- tion with South Carolina, as relates to the navigation of Sa- vannah and Tugalo rivers, ib. (n.) Reference to the acts which have been passed at different times, relating to each water course, 151. INTERROGATORIES. Interrogatories of females may be taken in certain cases, 184. Such females refusing to give evidence before the commissioners, what may be done, ib. INVEIGLING. Persons not to entice, inveigle, or carry off a slave, &c. 311. INDEX. - 475 ISSUE. May be made up on the subject of debtors, 94,95. ISSUES OF FACT. To be tried by a jury, 111. 354. ISSUE OF PERSONAL PROPERTY. The issue of personal property may be recovered in the same ac- tion, and the declaration amendable for that purpose, 175. J. JAIL BOUNDS. To be laid off, 91. JAIL FEES. The keepers of jails must receive prisoners from other counties in certain cases, if he is secured in his jail fees, 304. JAIL AND JAILORS. Sheriffs, constables, &c. must convey prisoners to the nearest jail in another county, where there is no jail in his county, 304. The jailor’s duty in receiving him, ib. JACKSON. Reference to acts respecting, 398. JACKSONBOROUGH. Reference to acts respecting, 398. JOINT CONTRACTORS AND COPARTNERS. Service being effected on one or more joint contractors and co- partners, a return that the other cannot be found, may pro- ceed against those that have been served with notice, 153. Judgment shall bind the copartnership, and individual property of those that have been served with notice, but not the indivi- dual property of those who have not, 154. * JOINT OBLIGORS AND PROMISSORS. One or more of party defendants, pleading infancy, and the plea being sustained, the suit may progress against the other de- fendants, 164. Joint obligors and promissors residing in different counties, how the suit may be brought, 372. JOINT TENANTS. How to obtain a partition, 270. Survivorship in joint tenants abolished, 179. JUDICIARY. Assignments and transfer of judgments and executions. Plaintiffs in judgments and executions, may sell and transfer the same, and the assignee may collect it, 182. Executions paid off by the defendant, shall not be kept open, ib. Bail. The plaintiff may require bail pending the action, and what he must do to obtain it, 152. 476 INDEX. JUDICIARY. Bail. -) Upon the affidavit being deposited with the clerk, he must issue process, ib. Sheriff must execute the process, ib. How the defendant proceeded against, and how liable, ib. 153. Plaintiff may proceed according to the act of 1799, ib. The defendant no right of continuance on account of being held to bail, ib. When there are more defendants than one, and living in different counties, how proceeded against, ib. Bills in equity. Not necessary for the judges of the superior court to read and sanc- tion bills of equity, other than bills of injunction, ne exeat, and quia timet, before filing the same, 174. Bills of exchange. Damages on protested bills of exchage, 164. 176. Certiorari. Writs of certiorari may be granted to remove cases from a jus- tice’s court before a jury trial, 193. Claims. Property being claimed, the levying officer to postpone the fur- ther execution till the next tourt, if levied on personal proper- ty, 155. If real property is claimed, the levying officer shall report the same with the execution and claim to the next term of the superior court, 156. The court to cause the right of property to be tried at the first term, unless special showing be made, ib. The person claiming must give security in double the amount of the property claimed, and additional oath to the jury, ib. Burthen of the proof on the plaintiff in execution, where the pro- perty is not in the possession of the defendant, ib. Claimant not to withdraw his claim more than once, without the consent of the plaintiff; damages upon claims, how assessed, ib. 181. Either party may appeal, 156. Claims to slaves in a justice’s court, to be tried in the superior or inferior court, 169. Claims to land when levied upon by attachment in a justice’s court, shall be tried in the superior court, 179. Claims to negroes when levied upon by attachment in a justice's court, shall be tried in the superior or inferior court, ib. The proceedings on the trial as in other cases of attachment; jury’s oath on the trial, ib. INDEX. 477 JUDICIARY. Commissioners. The governor to appoint and commission certain commissioners, to take the acknowledgment and proof of the execution of deeds, &c. of lands, &c. lying in this State, and other instru- ments of writing, 181. Such commissioners’ certificate shall be valid, they may adminis- ter an oath, ib. They must take an oath, which must be filed in the secretary of state’s office. Costs. Officers not to retain costs on younger judgments to the prejudice of old ones, only the levy and advertising costs, when the holder of the young one points out the property, 163. See further costs, 185 (n.) Deeds. Certain deeds admitted to record, and read in evidence, 172, 3. All old deeds, other than mortgages, properly proven, may be re- corded within a certain time, 179. Certain documents received as evidence in courts of justice, 168. Dormant judgments. How and when the property of defendants are bound by judg- ment, 162. All judgments obtained at the same term of the court of equal va- iidity, ib. What property not subject to old judgments, ib. How long judgments will bind property, 168. Judgments may be renewed, but not to bind property only from the date of the revival, 169. Certain judgments, which may have been declared void, reinstated, ib. Endorsers, Liability of endorsers on promissory notes, the same as securities, but the endorser may define his liability, 170. Not to extend to endorsers on any note negotiated at any charter- ed bank, ib. Endorser notifying the holder of a note to collect the same, if he neglects to do so for three months after it falls due, the en- dorser not liable, 171. Garnishment. Parties plaintiff, may issue summons of garnishment; how and in what cases, 160. Plaintiff to make affidavit of the amount of his debt, &c. which is to be filed in the clerk’s office, ib. 161. . Summons of garnishment may issue after judgment, upon an ad- ditional oath, and return of no property, 161. 478 INDEX. JUDICIARY. Garnishment. If returnable to the superior court, must be served by the sheriff twenty days before court, and if to a justice’s court, must be served ten days before court by a constable, 161. If the garnishee fails to appear and answer, may be proceeded against by attachment for contempt, 161. Money so raised must be paid to judgments, ib. This act shall extend to the city courts of Augusta, Darien, and Savannah, and any court hereafter to be established in any corporate town, ib. 162. What must be done before a summons of garnishment shall issue, 166, If the garnishee resides out of the county, what must be done, 167. Garnishee bound to answer at the court to which it is made re- turnable, ib. May be dissolved by giving security, ib. Applicant must give bond and security as in cases of attachment, 168. Grand Juries. What time grand juries are bound to notice offences, 185. Issue of personal property. The issue of personal property may be recovered in the same ac- tion, and the declaration amendable for that purpose, 175. Joint contractors and copartners. Service being effected on one or more joint contractors or copart- ners, and a return that the other cannot be found, may pro- ceed against those that have been served with notice, 153. Judgment shall bind the copartnership and individual property of those that have been served with notice, but not the individual property of those who have not, 154. Joint obligors and promissors. If one or more of the parties defendant plead infancy, and the plea be sustained, the suit may progress against the other de- fendants, 164. - Mortgages. º On real estate, how foreclosed, 173. 185. How deeds of mortgage, heretofore made on real and personal property, may be proven and recorded, 177. Hereafter to be made, how to be proven and recorded, ib. What proof necessary to admit a deed of conveyance or mort- gage deed to record, ib. \ What mortgage or judgment to have lien upon the property, 178. Mortgages on property out of the State, when to be recorded, ib. And if not duly recorded, other judgments may have lien upon the property, ib. Mortgagee may make certain affidavit, ib. INDEX. 479 JUDICIARY. Mortgages. All deeds of land proven in a certain way and recorded, shall be read in evidence,—and if the originals are lost, a copy will do, 179. Possession of personal property. Persons buying personal property (mortgaged) at sales, must give bond, 186 (n.) The restitution of the possession of personal property, how se- cured, 157. The party taking out the warrant, must enter into a recognisance with security, in double the amount of the property, 158. When he cannot or refuses to give security, the opposite party may give such security, and take possession of the property, ib. If the defendant refuses to give up the property, he may be impri- soned until it be forthcoming, ib. Any person commencing an action for personal property, may have the property taken, and the person in whose custody it may be found, arrested, to wait the event of the trial, 159. When the affidavit is made pending the progress of the suit, what must be done, ib. If the defendant refuses to cause the property to be forthcoming he must be imprisoned, ib. This act amended as to fees or costs by act of 1830, page 118, 157. (n.) Security. Security on appeal, or stay of execution, paying off the same may have the control of it to proceed against his principal, 171. Judgment to be entered up against the principal and security joint- ly and severally, ib. Execution shall issue against the security on the stay of execution, as well as the principal, ib. Security on a recognisance bond, note, &c. may make special de- fence, and iſ found only as security, judgment shall be entered up accordingly, ib. 172. On paying off the same, may have control of the judgment, &c. 172. Plaintiff not to be delayed by any dispute between the defendants, ib. Verdicts finally rendered, when to relate back to, ib. Security paying a debt, he may proceed against his principal, ib. If a security subscribe his name as such, it is sufficient evidence of the fact, ib. 480 INDEX. JUDICIARY. Security of the peace. Judge of the superior court, the inferior or city courts, have power to examine into cases where bonds have been taken for the security of the peace, 174. May receive additional evidence, 175. Testimony. The act of 1806 reinstated, 165. Witnesses may be examined de bene esse, ib. How to obtain the testimony of witnesses going beyond seas, &c. ib. Adverse party must have certain notice, 166. Certificates of public officers received in evidence, 186. (n.) Subpoena Duces Tecum. A subpoena duces tecum may issue by the clerk, for the production of papers which may be sought to be used as testimony in cases pending in the superior or inferior court, 183. To be served by the sheriff, constable, or any private person, ib. Person so summoned and refusing, subject to an attachment, and may be fined, and subject to the action of the person having him summoned, ib. Survivorship in Joint Tenants Abolished, 179. Deceased joint tenant’s estate distributed according to the laws of the State, ib. Testimony of Females. Interrogatories of females may be taken in certain cases, and how, 184. Such female refusing to give evidence before the commissioners, what may be done, ib. Time of holding Courts. Corrected up to January, 1830, 187. District Courts of United States. In what cases the district courts shall have exclusive jurisdiction, 352. In what cases exclusive original cognizance saving to the suiters a common law remedy, ib. In what cases cognizance concurrent with the courts of the several States, ib. Exclusive jurisdiction in certain cases—What trials to be by jury ib. 354. Circuit Courts of United States. In what cases shall have original cognizance, concurrent with the courts of the several states, 352. In what cases, original cognizance, 353. Concurrent jurisdiction with the district courts—and no person shall be arrested in one district for trial in another, ib. No civil suit to be brought against a person in any district but the one in which he lives, &c. ib. INDEX. 481 JUDICIARY. Circuit Courts of United States. In what cases the district courts shall not have cognizance, 353. The circuit courts shall have appellate jurisdiction from the dis- trict courts, ib. * What suits may be removed from the State to the circuit courts, and how removed, and original bail to be discharged, ib. Any attachment of the goods or estate shall be answerable for final judgment in conformity to the laws of the State where the suit commenced, ib. * Supreme Court of United States. In what cases the supreme court shall have exclusive jurisdiction, 354. Original but not exclusive jurisdiction in other cases, ib. Shall have appellate jurisdiction from the circuit courts and the State courts in certain cases, ib. May issue writs of prohibition, and mandamus to the district courts, 355. Certain cases determined by a district court, may be re-examined, and reversed or affirmed by the circuit court, and how re- moved, ib. No reversal in certain other cases, ib. Writ of error to be brought within five years, with some excep- tions, ib. A writ of error shall be a supersedeas in certain cases only, ib. Where a judgment or decree is reversed, what the court may do, 356. Supreme court not to issue execution in cases removed there by writ of error—When the execution may issue, ib. A final judgment, or decree in State courts, in certain cases, may be re-examined, and reversed or affirmed, in the supreme court, and how removed there for hearing, ib. The supreme court may have final decision, and award execution, 356. Writs of ne exeat and injunction may be granted by any judge of a supreme court in certain cases, 357. No injunction shall be granted to stay proceedings in any State court, ib. Nor without notice to the adverse party, ib. The amount of security to be required and taken on the signing of a citation on any writ of error, which shall not be a superse- deas, ib. The State or county courts to take cognizance of certain cases, 358. The district attorneys, to appoint attorneys to attend to said cases, ib. The attorney shall be sworn, ib. 61 482 INDEX. JUDICIARY. Supreme Court of United States. The jurisdiction here given, to be concurrent with the district courts, 358. Process, proceedings, judgment and execution, not to be delayed by any State law, ib. The power of a State or county court, in the mitigation, or remis- sion of any fine, penalty or forfeiture, &c. 359. The district courts shall have cognizance concurrent with the courts and magistrates of the States, and the circuit courts in certain cases, ib. JUDGES OF THE SUPERIOR COURT. The judges of the superior court shall have power to imprison at- torneys and solicitors general, and may appoint temporarily one to supply his place, 16. Where no valid bond may be given by the clerks, the judge can rule the clerk for the amount which may seem to be right, 64, 65. The judges must convene at Milledgeville annually to establish uniform rules of practice, 160. Not necessary for the judges to read and sanction bills in equity, other than bills of injunction, me exeat, and quia timet, before filing, 174. Where judges are interested, how bills may be sanctioned, 186.(n.) The judges of the superior court, may examine into cases where bonds have been taken for the security of the peace, and may receive additional evidence, 174, 5. They shall give in charge to the grand jury certain laws, 281. Their duty in having convicts conveyed to the penitentiary, 283. To be elected for three years, and their salary, 371. 373. How removable, 371. Jurisdiction and power of the superior court, 372. Their power in granting new trials, and correcting errors, ib. To sit twice a year, ib. May issue writs of mandamus, prohibition, and scire facias, 373. JUDGMENT. What property judgments shall bind, 154. How and when property of defendants bound, 162. All judgments obtained at the same term of the court, to be of equal validity, ib. What property not subject to old judgments, ib. How long judgments will bind property, 168. Judgments may be renewed, but not to bind property only from the date of renewal, 169. Certain judgments which may have been declared void, again re- instated, ib. INDEX. 483 JUDGMENT. Plaintiff in judgment, or execution may transfer the same, and the assignee may collect it, 182. Executions paid off by the defendant not to be kept open, ib. Judgments to be entered up against all persons found guilty, for all costs arising under the prosecution, 275. JURY. The justices of the inferior court may draw a jury out of term time, 76. Clerk to make out a list and give to the sheriff, who must summon them, ib. Jury’s fee on the trial of cases, 185. (n.) Jury’s oath on the trial of claims, 156. 180. Sheriffs in several counties, to be paid out of the county funds for summoning jurors, 306. JUSTICES OF THE PEACE. They are to make out a list of poor children in their district, and return the same to the trustee of the poor school fund, 8. To cause such children to go to school, and examine the account of the teachers, ib. Indians may be sued in magistrates’ courts in certain parts of the state, 128. Summons of garnishment returnable to a magistrate’s court, must be served ten days before court by a constable, 161. Claims to slaves levied upon by execution from a justice’s court, to be tried in the superior or inferior court, 169. Claims levied upon by attachment in justice’s court, must be tried in the superior court, 180. Claims to negroes levied upon by attachment in justice's court, to be tried in the superior or inferior court, ib. Justices of the peace may be ruled by the superior court to pay over money, 192. 305. Constables may be ruled by the justice’s court to pay over money, 193. 305. Writs of certiorari may be granted before a jury trial in justice's courts, 193. How open accounts may be proven to make them evidence injus- tice’s courts, ib. Justices of the peace may appoint patrols in certain cases, 271. Justices of the peace to pay at the rate of twenty per cent. per annum for money collected by them and not paid over, 305. What deemed a sufficient service of notice of the demand, ib. Justices of the peace duty in making out returns of persons in their district liable to pay taxes, 338. How they shall be elected, 373. 484 INDEX. K. KIDNAPPING. A white person, punished with penitentiary confinement, 281. KNOXVILLE. Reference to acts respecting, 398. L. LAGRANGE. Reference to acts respecting, 398. LAND. Conveyance of lands by the husband valid, except such lands as he may have obtained by his intermarriage with the wife, 98. In which case the wife’s relinquishment necessary, ib. Grants to certain lands may be taken out after the first day of March, 1824, by any citizen of the state by paying ten dol- lars, 122. Grants to certain lands declared valid, 123. The governor and secretary of state may correct errors in issuing certain grants, ib. The Savannah, Ogechee, and Alatamaha canal company may pur- chase and hold lands, &c. 140. Ungranted lands lying within a quarter of a mile of the line of ca- mals, to be vested in the corporation, 142. What lands the corporation may hold, 146. Tax on certain lands in the new purchase, 230. 336, 337. Under the Lottery Acts, Act of 22nd December, 1820, directing the sale of fractions of the lottery of 1818, 1819, 194. of 22nd December, 1820, to relieve certain fortunate drawers in the land lottery, 199. of 16th May, 1821, enacting the lottery act, 200. Districts divided into lots of 2024 acres, ib. Fractions to be reserved for public uses, 201. Surveyors elected, to give bond, and their duty, 201, 202, 203. Who entitled to draws, 203. Convicts in the penitentiary not allowed a draw, 204. Oath of persons giving in for draws, and fees on grants, 205. 207. Time allowed to take out grants, and how fraud may be tried, 207,8. Fifty lots, heretofore not drawn for, to be placed in the wheel, 209. Act of 16th May, 1821, indemnifying the creditors of fortunate drawers, in taking out grants, 210. of the 16th May 1821, supplementary to the act in page 194, 210. of the 7th December, 1821, pointing out the mode of partition- ing lots of land condemned as having been fraudulently drawn in former lotteries, 211. INDEX. 485 LAND. • Under the lottery acts. Act of 22d December, 1821, to relieve certain fortunate drawers in the land lottery of 1821, 213. Any citizen of this State may take out certain grants after a cer- tain time, by paying ten dollars, 214. Act of 23d December, 1822, authorizing the sale of fractions of lottery of 1821, ib. Amount of office fees, 216. Certificates transferable, ib. Act of 2d December, 1823, vesting title in certain fortunate drawers, who drew fractions in the land lottery of 1821, 217. of 20th December, 1823, authorizing the sale of unsold frac- tions of the lottery of 1818, 1819, 218. of December 7th, 1824, prescribing the mode of partitioning lands fraudulently drawn in the land lottery of 1821, which is to be divided as is prescribed in the act in page 211, 220. Act of 9th June, 1825, authorizing the lottery drawn in 1827, ib. Districts divided into lots of 2024 acres, 221. Fractions reserved for public uses. Surveyor’s elected, ib. To give bond and security, and their duty, and their compensa- tion, 222, 3. Persons entitled to draws, 224. 234, 5. No convict in the penitentiary to have a draw, 226. Oath of persons giving in for draws, 227. Commissioners to attend the drawing to be appointed, 228. Surveyors, chainmen, and axmen’s oath, 229. The lands to be classed by the surveyors, and fees on grants, 230, Drawers shall pay taxes on lands whether granted or not, until they relinquish the same to the State, ib. What draws fraudulent, and fraud how tried, ib. Certain lands reserved for public uses, 231. Act of 11th June, 1825, limiting the time for returns of fraudu- lent draws in the land lottery of 1818, 1819, 232. of 24th December, 1825, authorizing the sale of lands con- demned as having been fraudulently drawn in the land lot- tery of 1821, ib. of 24th December, 1825, amending the act authorizing the land lottery of 1827, 233. What additional draws, 234. The governor instructed to direct the sheriffs of Habersham and Rabun counties to sell the unsold fractions in those counties, in terms of the act in page 218, ib. The land lottery act of June, 1825, amended, 235. Certain other persons allowed a draw, ib. ' What time grants may commence issuing, 236. 486 INDEX. LAND. Under the Lottery Acts. Plaintiffs in execution may take out grants and how remunerated, 237. Act of 27th December, 1826, amending the foregoing act, ib. Part of the 12th section of 9th June, 1825, repealed, ib. Lands in the 12th and 13th districts of Ware county directed to be sold, 238. Ungranted lands in Baldwin, Wilkinson, and Wayne may be taken out by any person, by paying five dollars, 239. Lots numbers ten and one hundred in the counties of Appling and Ware directed to be sold, 239. Relinquished land, and land condemned as having been fraudu- lently drawn in the late purchase, directed to be sold, ib. Two or more persons returning the same lot of land as having been fraudulently drawn, which may have the preference, 241. To dispose of the residue of lands reserved for the State, 242. To relieve certain fortunate drawers in the recent land lottery, 244. To survey and dispose of the unsold lots and islands in the Oc- mulgee river, in the counties of Monroe and Jones, 245. Certain grants declared valid, 247. The manner of giving possession to purchasers of the State’s inte- rest in lands condemned as having been fraudulently drawn, 248. The square tracts of land not drawn by any person in the late land lottery and certain other lands, directed to be sold, 249. For the relief of certain drawers in the land lottery of 1821, in all cases, ib. Altering the first, fourth and seventh sections of the law in pages 241, 2, 250. Service, how perfected on a person whose lands are returned as having been fraudulently drawn, 251. Act of 20th December, 1828, to sell the unsold fractions in the counties of Walton, Gwinnett, Hall, Habersham, and Rabun, and certain other lands, 252. Extending the time of taking out grants in the lotteries of 1818, 1819, and 1821, 254. How the time has been extended for taking out grants from year to year, and the reduction of the ſees, 255 (n.) Time extended for taking out grants in the lottery of 1827, ib. Fees reduced in the same lottery, 256. Provisions in favour of illegitimate children who have drawn land, ib. g The mother the heir of her illegitimate children, ib. Time limitted for the return of fraudulent draws in the lottery of 1827, ib. INDEX. 487 LAND. Under head rights and bounty warrants. What must be done before a resurvey of land is made, upon lands taken up under head rights or bounty warrants, and not granted, 257. Surveyor making any such survey, what he must do, ib. Notice of three months not necessary in some cases, ib. Within what time grants may issue to persons who have made sur- veys, 258. Re-enacts the act of 17th December, 1825, ib. Certain lands not to be taken up under head rights or any other way, 259. Certain grants to be valid, ib. LAND COURTS. When to sit, 87. For the trial of caveats, ib. (n.) LANDLORD AND TENANT. Landlord may have his tenant removed, and recover double rent when the tenant holds over, or refuses to give possession, 293. LARCENY. Definition of, altered and amended, 281 (n.) LAWRENCEVILLE. Reference to acts relating to, 398. LEGISLATURE. The legislative, executive, and judicial departments of govern- ment to be kept separate and distinct, 361. The constitution to be carried into effect by the legislature, 376. Power and style of the legislature, 361. Adjournment of the legislature, 365. Legislature authorized to sell certain territory to the United States, 366. LEXINGTON. Reference to acts respecting, 398. LIEN. What mortgage or judgment to have lien upon the property, 178. Mortgages on property out of the State, not properly recorded, other judgments may have lien upon the property, 178. LINCOLNTON. Reference to acts relating to, 398. LOTTERY OFFICES. Lottery offices prohibited from being established in this State, with some exceptions, 332. For a violation of the law, what shall be forfeited, and how recov- ered, ib. Money to go to the freeschool fund, ib. Officer's duty in the premises, ib. 488 INDEX. LUMBER MEASURERS. The inferior court has the exclusive right of appointing lumber measurers, 70. M. MACON. Reference to acts respecting, 398. MADISON. Reference to acts respecting, 399. MANDAMU.S. The supreme court may issue writs of mandamus to the district courts, 355. The judges of the superior courts may issue writs of mandamus, &c. 373. MANSLAUGHTER. The punishment for manslaughter, 309. MARION. Reference to acts respecting, 399. MARRIAGE LICENSE. Clerk of the court of ordinary may grant marriage license, 373. M&DONOUGH. Reference to acts respecting, 399. MEDICAL. No physician to commence practice without a license, 287. And on being convicted for so doing shall be fined, ib. Second offence, may be imprisoned not exceeding six months, ib. One half of the fine to the State, and the other half to the informer, ib. On the trial the defendant shall show he has been licensed, 288. Bonds, notes, &c. taken by a physician for services so rendered, shall be of no validity, ib. Board of physicians established, ib. When and where the annual meeting of the board shall be held, ib. Applicant licensed shall pay five dollars for the examination and five dollars for the license, ib. No apothecary, unless he be a licensed physician, shall vend me- dicine without obtaining a license—Penalty for so doing, 289. The board may examine, and license apothecaries, ib. A single member of the board may examine, and give temporary license, to last till the next meeting, ib. The board may elect officers, and make by-laws, ib. They may fill vacancies in their own body, ib. Board considered a body politic, 290. Names of persons constituting the medical academy of Georgia, ib. May have and use a common seal, and may sue and be sued, and make by-laws, ib. May establish a medical academy in Augusta, ib. INDEX, 489 MEDICAL. May assemble once a year in Augusta, 291. Board of examination constituted, and their duty, ib. May confer the degree of bachelor of medicine, ib. Executive committee to be appointed, and their duty, ib. Shall cause a book to be kept, and a register of proceedings, ib. Not less than five shall be a quorum, but a less number may ad- journ, 291. <-- May hold property—Graduates allowed to practise, ib. The trustees may fill vacancies in their own body, 292. Any two or more may call a meeting, ib. º Name altered to the “Medical Institute of Georgia,” ib. The trustees with the regular professors, and teachers shall consti- tute a board, who may confer the degree of doctor of medi- cine, &c. ib. MILITIA. Second brigade of the fifth division formed, 259. Walton added to the first brigade Óf the fifth division, ib. First brigade of sixth division and second brigade of the sixth divi- sion, ib. How many companies of horse, of artillery, and riflemen, shall be attached to each regiment, 260. * One volunteer company may be raised in Washington county, ib. Duty of brigade inspectors, 261. Compensation of the adjutant general, division, and brigade in- spector, ib. What number of men a volunteer rifle corps may enlist from a mi- litia company district, 262. How many volunteer rifle corps there may be in a county, ib. May enlist men out of either regiment, and by whom commanded, ib. When a volunteer rifle corps shall contain as many as 126 pri- vates, what may be done, ib. How officers are to take rank—Commissions to vacate under cer- tain conditions, ib. Colonels duty in vacating the commissions, ib. To organize squadrons of volunteer cavalry in the first military di- vision, 263. And where they are to be recruited, ib. Shalfbe attached to the division, ib. Major general’s duty in causing the volunteer corps to be raised, 263. His duty in ordering an election, who to preside, ib. Each troop of cavalry not to contain less than forty men, ib. How mounted, if not so mounted deprived of certain privileges, ib. 264. What a squadron of cavalry shall consist of, 264. 62 490 INDEX. MILITIA. The major may appoint his own staff, ib. How often the major, and captain are to parade, ib. Each troop may make by-laws, ib. And may determine upon its own uniform, and the commanding officer upon his, with the approbation of the major general, 265. Ten years’ service in a volunteer corps of cavalry, entitles a sol- dier to a discharge from further military duty in time of peace, ib. First brigade of the seventh division laid off, ib. Second brigade of the seventh division, first brigade of the fifth di- vision, second brigade of the fifth division, and the third bri- gade of the sixth division laid off, ib. Pay of division and brigade inspectors and how their accounts shall be made out and paid, 266. Division and brigade inspectors may charge for forty days service in a year, ib. - º Aliens exempt from ordinary militia duty, ib. What duty they must perform, and what they must do to be exempt, ib. Ferrymen exempt from military duty in time of peace, 267. Third brigade of the fifth division, ib. Who is to preside at courts of inquiry, 268. Eighth and ninth divisions formed, ib. First and second brigade of the ninth division, ib. Butts county added to the second brigade of the fifth division, 269. Pike county added to the second brigade of the eighth division, 269. Dniform of company officers of militia, ib. Notice to defaulting officers, ib. Who may superintend the election of field officers, 270. Who are exempt from militia duty by the laws of the United States, 359. General officers, how elected and commissioned, 375. MILLS. Mills and other water machinery, charged as being a nuisance, how the case is to be tried, 279. MILLEDGEVILLE. Reference to acts respecting, 399. MONEY. º What officers may be compelled to pay over money, 192, 3, 305. MONOPOLIES. No monopolies permitted, 366. MONROE. Reference to acts respecting, 399. INDEX. 491 MORTGAGES. Purchasers of mortgaged property at sales, must give bond, 186(n.) Mortgages on real estate, how foreclosed, 173. 185. How deeds of mortgage on real and personal estate heretofore made may be proven and recorded, 177. Those hereafter to be made, how proven and recorded, ib. What proof necessary to admit a deed of conveyance, or a mort- gage deed to record, ib. What mortgage or judgment to have lien upon the property, 178. Mortgage on property out of the State, when to be recorded, ib. And if not duly recorded, other judgments may have lien upon the property, ib. Mortgagee, &c. may make certain affidavit, ib. N. NEAT CATTLE. May be sold after being tolled six months, 104. NE EXEAT. Bills of ne exeat to be read and sanctioned by the judge before filing the same, 174. See law for granting writs of ne exeat, 186 (n.) The judges of the supreme court may grant ne exeat in certain cases, 357. NEXT FRIEND. Free persons of colour may sue and be sued by their next friend as well as by guardian, 313. Guardians of free persons of colour may resign, 314. NEWNAN. Reference to acts respecting, 399. NEW TRIALS. The superior courts may grant new trials and correct errors, 372. NOTARIES PUBLIC. The inferior court has the exclusive right of appointing notaries public, 70, 71. And shall qualify them, 71. Clerk to keep a record of their names, and his fee, ib. Certain acts and protests of notaries public received and read in evidence, 163. But either party may have the benefit of his testimony, ib. NUISANCE. Mills and other water machinery, charged as being a nuisance, how the case is to be tried, 279. O. OATHS. Oath of voters for directors of the Bank of Macon, 21. 492 INDEX. OATHS. Oath of a person voting by proxy, or for a minor, or other person, for directors of the Bank of Macon, 22. Of officers of the Central Bank, 54. Of officers of the Bank of Macon, 24. Additional oath of county officers, 67. Of all officers, civil and military to prevent duelling, 73. Of county treasurers, 74, Of the coroner, 87. º Of the foreman of a jury of inquest, 89. Of the remainder of the jury of inquest, ib. Of witnesses before a jury of inquest, 90. Of electors, and superintendents of elections, 103 (n.) Of a guardian, 105. Of the jury on the trial of claims, 156. 180. Of commissioners appointed by the governor to take the ac- knowledgment of the execution of deeds, &c. 182. Of the superintendents of the improvements of roads and rivers, 302. :- * Of constables, 307. Of a guardian of a free person of colour, 311. Of a person introducing slaves into the State, 320. Of surveyor of university land, 341. Of an alien before he is naturalized, 344. Of a member of the legislature, 365. Of the governor, 370. OBLIGATIONS. (See Bonds.) OFFICERS. Duty of officers, civil and military, with regard to the introduction of slaves into the State, 322. Their duty in detecting pedlars, 274. OPEN ACCOUNTS. How open accounts may be proven, to make them evidence in justice's courts, 193. How open accounts due the penitentiary are to be proven, 284. ORDER OF NOBILITY. To be relinquished by aliens before naturalization, 344. ORGANIZATION AND DIVISION OF COUNTIES, &c. Reference to acts respecting, 391. ORPHANS. Provisions in favour of orphans and others, in taking out grants, 254. INDEX. 493 P. PAPERS. Subpoena duces tecum may issue by the clerk, for the production of papers which may be sought to be used as testimony in cases pending in the superior or inferior court, 183. To be served by the sheriff, constable, or any private person, ib. Person so summoned and refusing, subject to attachment of court, and may be fined, ib. And subject to the suit of the person having him summoned, ib. Papers so sought and not obtained, the party may go into parol evidence, 184. PARDON, The governor's power in pardoning, 370. PAROL EVIDENCE. In what cases may go into parol evidence, 184. PARTIES. - Administrator de bonis mon, how made a party to a suit, 117. PARTITION. - Writs of partition directed to five freeholders, a majority of whom may act, and their duties, 270. PATROLS. Females discharged from the performance of patrol duty, 271. Justices of the peace may in certain cases appoint patrols, ib. PEDLARS. e t; Any free citizen of the United States may carry from place to place for sale, any books, maps, &c. 272. B Pedlar wishing to vend goods, &c. under a license of the State, must apply to the comptroller general, ib. Comptroller general and treasurer’s fees, 273. License to last one year, the price one hundred dollars, ib. Comptroller general to describe the applicant in the license, ib. Pedlar trading without such license, how dealt with, ib. If the charge be malicious, he shall be discharged without costs; if otherwise, he must be bound over to court, ib. If he cannot give security, he must be committed to jail, ib. The attorney or solicitor general’s duty in preferring a bill of in- dictment, 274. Fine not less than $200, nor more than $300, ib. How collected and appropriated, ib. Corporation of any town or village may exact from a pedlar, not exceeding fifteen dollars, for every day he is found offering his goods, ib. The revenue arising hereby, added to the poor school fund, ib. The comptroller general's duty in publishing the names of pedlars who have taken out license, ib. Civil officer’s duty in examining and detecting pedlars trading without license, ib. 494 INDEX. PEDLARS. Duty of the clerk of the inferior court in reporting to the comp- troller general all pedlars passing through their counties, ib. PENAL LAWS. All the property a person has at the time of being arrested, bound for the cost of prosecution, 275. Judgment to be entered up for the costs, ib. Persons entitled to costs, to hand in their accounts within ten days after conviction, ib. Clerk’s duty in collecting costs, ib. Old crimes which the code punished with four years imprisonment or less, shall be punished as before, or by fine and imprison- ment in a jail at discretion, 276, 277. New created crimes made capital by the code, how punished, 276. 278. All other offences punishable by the code, how punished, ib. Board of inspectors of the penitentiary reduced to three in num- ber, 277. In all cases where fines might be inflicted by the code of 1817, and penitentiary punishment can by the act be inflicted, the fines shall continue to be assessed by the court, 278. All crimes committed before the first day of February, 1823, shall be tried and punished by the old laws, ib. Definition of burglary, 279. s Defendants on indictments not to pay costs, until after conviction, ib. No mill or other valuable water machinery, to be destroyed as a nuisance, only on the oath of two or more freeholders, before the inferior court, and twelve jurors, ib. The parties may appeal to the superior court, on giving bond and security, 280. Any person keeping a gaming house or table, subject to imprison- ment in the penitentiary, ib. Keeping and using certain tables, and playing at certain other games, how punished, ib. Persons playing and betting at certain games, or at certain tables, subject to a fine of not less than $20 nor more than $100, ib. On the trial, any person who may have played and betted, shall be a competent witness, and compelled to give evidence, 280, 281. Shall not be accountable for what he may testify to, only in an in- dictment for perjury, 281. Judges to give this act in charge to the grand juries, ib. Kidnapping a white person, punished with penitentiary confine- ment, ib. Part of the 4th and fifth sections of the penal code passed 19th December, 1816, repealed, 283. INDEX 495 PENAL LAWS. No slave to be introduced into this state, only on certain conditions 3.19. & Any person so doing, may be tried wherever they may be found, and how fined, &c. ib. But may bring slaves for their own use, without the intention of alienating them, 320. - The persons bringing in slaves shall take an oath before the clerk of the superior court previous to, and after the slaves are brought in, or suffer the penalties of the law, ib. 321. Manner of pleading on the trial, 321. * The jury shall be charged to inquire into the intent, and what shall be evidence of bringing them in with the intent to sell them, ib. Slaves may be brought by travellers as attending servants, or as a prize, but an attempt to sell them incurs the same penalties as in other cases, ib. 322. Any persons knowingly receiving, or purchasing such slaves, lia- ble to the penalties, 322. Duty of civil and military officers herein, ib. This act not to extend to contracts of hiring, loaning, &c. of the owner with his children, ib. Duty of the clerk of the superior court herein and clerk’s fee, ib. PENDENTE I,ITE. Bail may be required pending the action, 152. Attachments may issue pendente lite, 13. Summons of garnishment may issue pendente lite, 161. PENITENTIARY. Board of inspectors reduced to three in number, and their pay, 277. Store house to be built, 281. Corn meal substituted for wheat flour for the guards, 282. The inspector to collect the debts due the institution, ib. How trials for escapes from the penitentiary are to be paid for, ib. The manner of conveying convicts to the penitentiary, ib. The salary of the physician of the penitentiary, 283. 287. Inspectors not to be contractors, 283. Part of the 4th and 5th sections of the penal code passed 19th De- cember, 1816, repealed, ib. How open accounts due the penitentiary are to be proven, 284. All officers of the penitentiary, except contractors for supplies, to be appointed by the governor, ib. Inspectors duty in making a report to the governor, ib. In making such report, the inspectors may command the services of the book-keeper or any other officer, 285. The governor may recommend to the inspectors, changes in the regimen, &c. ib. Penalty for neglect of duty of any of the officers, ib. 496 INDEX. PENITENTHARY. The governor may command the services of any of the state house officers, in examining reports of the commissioners, ib. One hundred and fifty cells to be erected, ib. The convicts to assist, ib. Location and construction of the workshops to be altered, 286. The five thousand dollars appropriated for the support of the peni- tentiary for 1829, be applied for making the contemplated improvements, ib. ^ The convicts to be under the personal inspection of one or more of the keepers at all times, and not to have intercourse with each other, ib. Solitary confinement, 286. The principal keeper, and inspectors may make by-laws, ib. The principal keeper's duty in making to the inspectors an esti- mate of the materials wanted, ib. Inspectors duty in preparing the materials, ib. No officer of the penitentiary to be a contractor, or a security for one, 287. PERRY. Reference to acts respecting, 399. PETERSBURGH, Reference to acts respecting, 399. POLL TAX. Certain persons exempt from paying poll tax, 333. POOR. SCHOOL FUND. Forfeitures arising from pedlars trading without license added to the poor school fund, 274. Forfeitures arising from the sale of lottery tickets added to the poor school fund, 332. The inferior court may apply any surplus county funds, to the pur- poses of education, 17. PHYSICIANS. (See Medical.) PLOTS. Certain record of plots deemed good evidence, 331. Must be authenticated by one or more of the surveyors, ib. Form of the oath, ib. Where the original is lost, a duplicate must be made out, ib. Duplicate to be recorded, the expenses to be paid out of the pro- ceéds of the sale of the university land, 342. POSSESSION. Sheriffs and coroners to put persons in possession of real estate sold by them, 306. PRESIDENT AND WICE PRESIDENT. Time of electing the electors of president and vice president, 100. Elections how opened and conducted, and what number elected, 100. 349. e INDEX. 497 PRESIDENT AND WICE PRESIDENT. Returns how made, 100. *. In counties containing election districts, what may be done, ib. The governor’s duty after receiving the returns, ib. A candidate not receiving a majority of the votes given in, the ge- neral assembly may elect, 101. In case of the death of any elector, or of the nonacceptance of any, the vacancy filled by the legislature, ib. Officers superintending elections, to transmit the returns to the go- vernor by mail, 103. To be sent by special messenger in certain cases, ib. Such special messenger may be compensated, ib. Compensation of the electors of president and vice-president, ib. Electors to meet and give in their votes on the first Wednesday in December, 349. To make and sign three certificates of the persons voted for, ib. A person to be appointed by the electors to deliver one of them to the president of the senate in Washington, before the first Wednesday in January, one to be sent by mail, and the other delivered to the judge of the district court, 350. The governor to cause three lists of the names of the electors to be made out and delivered to the electors, who shall annex one of them to each of the list of votes, ib. If the return of the election do not arrive at the seat of govern- ment by the first Wednesday in January, what the secretary of state must do, ib. Time of counting the votes by congress to be on the first Wednes- day in February, ib. If there be no president of the senate at the seat of government, returns are to be made to the secretary of state, ib. Compensation of persons delivering them, ib. Persons receiving such returns and not delivering them, shall for- feit $1000, 350. In case of the vacancy of president and vice-president, who shall act, 351. The secretary of state shall cause a notification to be made to the governor of each state, the electors when chosen, ib. What shall be deemed a refusal to accept, or a resignation of the office of president or vice-president, ib. The fourth day of March shall be the time, when a term which a president or vice president, elected, shall commence, ib. PRESS. Freedom of the press shall remain inviolate, 375. PRISON BOUNDS. To be laid off, 91. PRIVATE AND LOCAL ACTS. Reference to private and local laws, 380. 63 498 INDEX. . PRIVATE AND LOCAL ACTS. To each county academy, 380. To churches in each county, 387. To divorces, 389. To election districts in each county, ib. * To organization and division of counties, and other local county matters, 391. To towns and the counties in which they are situated, 397. To internal navigation, &c. 151. To canals, ib. 303. PROCESS. May be served seventeen days before court, 307. PROHIBITION. The supreme courts may issue writs of prohibition to the district courts, 355. The judges of the superior courts may issue writs of prohibition, &c. 373. PROMISSORY NOTE. Liability of endorsers on promissory notes, &c. the same as a se- curity, 170. But may define their liability, 171. Not to extend to endorsers on any note negotiated at any charter- ed bank, ib. Endorser notifying the holder of a note to collect the same, if he neglects to do so within three months after it falls due, the endorser not liable, ib. A security on a promissory note may make special defence, and if found only as security, judgment shall be entered up ac- cordingly, and on paying off the same, shall have control of the judgment, ib. 172. As If a security subscribe his name as such, it is sufficient evidence of that fact, 172. -PROTHONOTARY. Aliens must receive a certificate from the clerk or prothonotary, before naturalization, 346. PUBLICATION. Where sheriffs may advertise their sales in several counties, 71.305. Q. QUARANTINE. Any ship arriving in this State, from any other port, having on board any free negro, or person of colour, shall perform quar- antine forty days, 314. What penalty to be inflicted on a negro, or person of colour, for having communication with negroes, or persons of colour, while the ship is riding quarantine, 315. QUIA TIMET. Bills of quia timet must be read and sanctioned by the judge of a superior court before being filed, 174. INDEx. 499 QUORUM. What shall be a quorum of each branch of the legislature, 363. R. REAL ESTATE. Real and personal estate upon the same footing as to distribution, 107. What must be done when there has been advancements to chil- dren, ib. Real estate in the hands of executors, administrators, and guar- dians, may be sold by order of court, 112. Sales when and where to take place, and how long advertised, ib. Notice of application must be published four months, 213. Claims of real property, to be tried in the superior court, 156, 180. Mortgages on real estate how foreclosed, 173. 185. Sheriffs and coroners to put purchasers at their sales, in possession of real estate by them sold, 306. RECEIVER OF TAX RETURNS. Vacancy of receiver of tax returns, how filled, 72. Only to fill the time of his predecessor, 73. In case of a tie, another election to be ordered, what is to be done in the interim, ib. RECOGNISANCE. Bail on recognisance bond may make special defence, and if found as security only, judgment shall be entered up accordingly, and on paying off the same, he may have control of the judg- ment, 171, 2. RECORD. Certain deeds admitted to record, and received and read in evi- dence, 172. Certain record of plots deemed good in evidence, 341. Must be authenticated by the oaths of one or more of the surveyors, ib. When the original is lost, a duplicate must be made out and re- corded, ib. RELINQUISHMENT. In what cases the wife's relinquishment necessary, 98. REMOVAL. Removal of executors, administrators, &c. 108. Removal of cases from the state to the United States courts, 353, 354. 356. REPEALED ACTS. Reference to the repealed or obsolete acts, 379. RENT. Cases for rent how tried in the court of common pleas of Augusta, 86. 500 INDEX. RENT. Where the tenant or sub-tenant of rented property holds over his time, what may be done, 293. When the tenant declares on oath that his lease has not expired, &c. what may be done, ib. Proceedings to be returned to the superior court, and if deter- mined against the tenant, what he must pay, ib. Sheriff’s duty on removing the tenant, sheriſt’s fee, ib. 294. REPLEVY. Attached property may be replevied according to the act of 1799. 12, REPRESENTATIVES. Day of election for representatives in congress, to be on the first Monday in October biennially, 99. Apportionment of representatives of the state legislature, 102. Officers superintending the elections for representatives in congress must transmit the returns by mail to the governor, 103. To be sent by special messenger in certain cases, ib. Special messenger may be compensated, ib. REVENUE BILLS. All bills for raising revenue, &c. shall originate in the house of representatives, but the senate may propose or concur with amendments, 364. REVERSAL. Certain cases may be reversed or affirmed, 355. No reversal in certain other cases, ib. REVIVAL OF LAWS. Laws revived, 165. 276. 278. 317. RIFLE CORPS. How many companies of rifle corps may be in a regiment, 260. What number of men a volunteer rifle corps may enlist from a militia company district, 262. How many volunteer rifle corps there may be in a county, ib. May enlist men out of cither regiment, ib. When a volunteer rifle corps shall contain as many as 126 pri- vates, what may be done, ib. RIVERS. (See Internal Navigation and Roads and Rivers.) ROADS, BRIDGES AND CAUSEWAYS. Roads to be twenty feet wide, and market roads thirty feet, 294. Causeways to be sixteen feet wide, ib. Governor to appoint two commissioners to open a road from the Alatamaha to the Florida line, ib. The power of the inferior court of Richmond county in laying out roads, 295. Obstructions may be removed, and penalty for obstructing, ib. Commissioners of the road may assign any portion of the road to any person applying for the same, 296. INDEX. 501 ROADS, BRIDGES AND CAUSEWAYS. Such portion may be increased or diminished, as the person’s hands may, ib. Such person's duty in making report to the commissioners, ib. His privileges for keeping the road in good repair, and penalty for not doing so, ib. Duty of grand juries in presenting defaulting overseers, and com- missioners of roads and bridges, 297. ** The court shall fine them, ib. ROADS AND RIVERS. The governor to appoint two persons to superintend the improve- ment of the roads and rivers, 297. Fifty thousand dollars appropriated to purchase slaves, ib. To make the number of slaves with what the state now owns to be one hundred and ninety, 298. The superintendents where to take charge of the hands, and their further duty, ib. How the hands are to be placed at different sections, 298. Further purchase of slaves and where placed, ib. Commissioners appointed to super intend the improvement of the navigation of Flint river and roads in that section of the state, 299. Seven overseers appointed, and who by, ib. Superintendent’s duty, ib. 300. 302. Superintendents and overseers’ compensation, 300. Overseers to be furnished with provision, at public expense, ib. Who shall designate the roads and rivers to he worked on, ib. Public hands not to work on the rivers more than four months in a year, ib. Superintendent’s power and duty in changing the roads, ib. How persons feeling themselves aggrieved may obtain redress, 301. Any person who shall impede the superintendent, overseer, or hands, in working on the roads, how dealt with, ib. And any person obstructing the road, how dealt with, ib. Superintendent's further duties, ib. He is to give bond and security, and take an oath, 302. The governor to employ agents to purchase slaves;–the agent's compensation, ib. Agent’s duty,+the superintendent not to furnish any supplies himself, ib. Not to effect the operation of the present road laws, 303. Reference to turnpike roads and canal companies, ib. (n.) RUCKERSVILLE. Reference to acts respecting, 379, RULES, For passing bills, 364. 502 INDEX. S. SALEM. Reference to acts respecting, 390. SANDERSVILLE. Reference to acts respecting, 399. SAVANNAH, Reference to acts respecting, 399. SCIRE FACIAS. The judges of the superior court may issue scire facias, 373. SECRETARY OF STATE. Salary of the secretary of state, 121. Perquisites to be paid into the treasury, ib. Secretary of state created by the constitution, 371. SECURITY OF THE PEACE. The judges of the superior court, the inferior, and city courts may examine into cases where bonds have been taken for the se- curity of the peace, 174. May take additional testimony, 175. SECURITY ON THE STAY OF EXECUTION. Security on the stay of execution paying off the same, may have the control of it, 171. Execution shall issue against the security as well as against the principal, ib. SENATE. Senate elected annually, and their qualifications, 361. To try all impeachments, and extent of judgment therein, 362. What shall disqualify a member of either house, 363. Members ineligible to office of profit, ib. Each house to be judges of the qualifications and elections of its members, and may punish for contempt, ib. Members free from arrest in civil cases, freedom of debate, 364. Each house shall keep a journal of its proceedings, and record yeas and nays, ib. Members to be sworn,-and their oath, ib. 365. General disqualification from office, 365. SET-OFF. May be pleaded in attachment before it is due, 13. SHERIFFS. Sheriff’s duty when levying on shares or stock in banks, 18. Must-set up one share at a time, ib. They shall give to the purchaser a certificate, 19. The sheriff, one of the inferior court and the clerk may adjourn the inferior court in certain cases, 78. Persons buying property (mortgaged) at sheriff’s sales must give bond, 186 (n.) How to recover money out of the hands of sheriffs, and other of ficers when collected by them, 305. INDEX. 503 SHERIFFS. Such officer shall pay at the rate of twenty per cent, per annum, ib. What deemed a sufficient service of the demand, ib. Sheriffs and coroners, to put purchasers at their sales in possession of any real estate by them sold, 306. Sheriffs’ bonds reduced in several counties, and to be compensa- ted out of the county funds for summoning jurors, ib. 307. Sheriffs may serve and return writs seventeen days before court, 307. Bonds taken by sheriffs, &c. for the forthcoming of property levied upon by them, to be valid, 308. Bonds so taken, not to prejudice the rights of the plaintiff, ib. The sheriff’s duty in reporting to the attorney and solicitor general his actings, &c on all executions in favour of the state, 326. In case of default what may be done, ib. He must pay at the rate of twenty per cent. for what he may be in default, ib. Sheriffs, how elected, and to hold their office two years, 374. How removable from office, ib. What shall disqualify a sheriff from receiving his commission,67. Where to advertise their sales in several counties, 71. 305 (n.) The deputy to advertise in the same paper with his principal, ib. Must give notice what paper he will advertise in, ib. Sheriff’s duty in opening and adjourning the court of ordinary, 112. His fees in certain cases, 120. 294. Sheriffs must move tenants, when they hold over or refuse to give up rented property, 293. They must convey prisoners to the nearest jail, where there is no jail in their county, 304. * The keeper of the jail must receive the prisoner, if he is secured in his jail fees, ib. The hours of sheriffs and constables’ sales, 305. How the vacancy of a sheriff is to be filled, 72. Only to fill the time of his predecessor, 73. In case of a tie, another election to be ordered, ib. What is be done in the interim, ib. SHOWS. Proprietors, or exhibiters of shows, to pay a fine for every day they exhibit, 327. What must be done with the money, 328. SLAVES. Claims to slaves in a justice’s court to be tried in the superior or inferior court, 169. 180. Slaves to be purchased to work on the roads and rivers of the State, 297,98. 504 INDEX. SLAVES. For the trial of Slaves and Free Persons of Colour. What shall be considered capital offences, punishment to be death, 309. Further capital offences, and how punished, ib. What sentence the court may pass, ib. If the jury return a verdict of manslaughter, what must be the punishment, ib. Slaves generally. The 43d section of the act of 10th May, 1770, repealed, 310. Every owner of slaves, who shall keep ten or more on a plantation over sixteen years of age, without a white man capable of bearing arms, shall pay five pounds per month, ib. Free persons of colour not to be sold into slavery, ib. Slaves prohibited from buying or selling certain articles without license, ib. Clerks not to issue certificates of registry of freedom to any co- loured person, only upon the oath of the guardian, 311. Clerk to give notice before he issues such certificate, ib. What such certificate shall contain ; the clerk’s ſee, ib. Should such person of colour transfer such certiſicate, how dealt with, ib. Any person enticing, or carrying away such person of colour, with- out a genuine certificate, they shall be liable to indictment, ib. Shall pay a fine of $500 for each offence,—how sued for and re- covered, 312. One-half to the State, and the other half to the informer, ib. Attorney and solicitor general’s duty in prosecuting, ib. No coloured person arriving, except from the ports of South Caro- lina, shall leave the vessel within certain hours, ib. The captain shall report to the chief magistrate of the town, a de- scription of the seamen and their names, and shall give bond and security in the sum of one hundred dollars for each sea- man, 312. If the captain violate the bond, how dealt with, ib. Other duties of captains of vessels when arriving in the ports of this State, 313. How the penalty must be sued for and recovered, ib. Free persons of colour may sue and be sued by their next friend as well as by their guardian, ib. Guardians of free persons of colour may resign, 314. Any ship arriving in the ports or waters of this State, having on board any free negro or person of colour, shall perform quar- antine forty days, ib. No negro or person of colour of this State, shall go on board of said ship or have any communication with such persons of colour, ib. INDEX. 505 SLAVES. No free negro or person of colour on board of said ship shall have any communication with any person of colour residing in this State, 314. If so he shall be apprehended, and committed to jail, ib. What penalty to be inflicted, on a negro or person of colour, for having communication with negroes or persons of colour while the ship is riding quarantine, 315. Captain bound to carry away said free negroes, &c. and pay ex- penses, if he refuse, he shall pay $500, ib. To be recovered by indictment, and suffer imprisonment, ib. Every free negro, &c. who shall not depart the State, within ten days after the departure of the vessel, shall receive 39 lashes, ib. Certain persons exempt from the penalties of this act, 316. When this act shall go into operation, ib. The city councils, or corporate authorities, of the towns of this State, may make further provisions for carrying this act into effect, ib. Any person who shall bring, &c. or circulate, &c. any printed or written pamphlet or paper of a certain description, shall be punished with death, 316. If any person shall teach a slave, or free person of colour to read or write, if a free person of colour, or a slave, he shall be pun- ished by fine or whipping, and if a white person he shall be fined $500, and be imprisoned, 317. The act of December, 1824, repealed, and the act of 1817 revived, ib. Wilful burning of a house, &c. in a town or village, punished with death, ib. Burning a house not in a town or village (when occupied) punish- ed with death, ib. How the trial to be had and conducted, ib. Parties dissatisfied with the decision of the court may offer excep- tions in writing, and if overruled, how he may further pro- ceed, 318. When exceptions are offered, the justices shall suspend the execu- tion forty days, ib. The judge granting the certiorari, to order a suspension of the sentence, until final order shall be had, ib. No slave or free person of colour to be employed in setting up type, 319. Any owner, &c. of a press, so employing a slave, or free person of colour, how dealt with, ib. When there are several owners, or proprietors of a press, what may be done, ib. 64 506 INDEX. SLAVES. No slave to be introduced into this State, only on certain condi- tions, ib. May be tried wherever they may be found, and how much fined, ib. Imprisoned in the penitentiary from one to three years, ib. But may bring slaves for their own use, without intending to sell them, 320. The persons bringing in slaves, shall take an oath before the clerk of the superior court, previous to, and after the slaves are brought in, ib. 321. Manner of pleading on the trial, 321. The jury shall be charged to inquire into the intent—and what shall be evidence of that intention, 321. Slaves may be brought by travellers, as attending servants, or as a prize, but an attempt to sell them incurs the same penal- ties, 321, 22. Any person knowingly purchasing, or receiving such slaves, lia- ble to penalties, 322. Duty of civil and military officers herein, ib. This act not to extend to contracts of hiring, loaning, &c. of the owner with his children, ib. Duty of the clerk of the superior court in the premises, and his fee, ib. No importation of slaves permitted, 376. Slaves not to be emancipated without the consent of their owners, ib. Punishment for murdering a slave, the same as that of a white person, ib. SOLICITOR GENERAL. (See Attorneys and Solicitors.) SOUTH CAROLINA. The governor of Georgia to transmit to the governor of South Ca- rolina a copy of certain laws, 135. Georgia not to attempt to procure the full ratification of a conven- tion with South Carolina as relates to the navigation of the Savannah and Tugalo rivers, 150. SPARTA. Reference to acts respecting, 399. SPRING FIELD. Reference to acts respecting, 399. STATE BOUNDARY. Declaration of the boundary of the State, 323. 365. STATE COURTS. In what cases the district courts of the United States, have cogni- zance concurrent with the courts of the several States, 352. In what cases the circuit courts shall have original cognizance, concurrent with the courts of the several States, ib, INDEX. 507 STATE COURTS. What cases may be removed from the State to the circuit courts, and how, 353. The supreme courts shall have appellate jurisdiction from the State courts in certain cases, 354. A final judgment or decree in certain suits in the State courts may be re-examined, and reversed or affirmed in the su- preme court, and how removed there for hearing, 356. May have final decision and award execution, ib. No injunction to be granted to stay proceedings in a State court, 357. The State or county courts to take cognizance in certain cases, 358. The district attorney, to appoint an attorney to attend to certain cases, ib. The attorney so appointed shall be sworn, ib. The jurisdiction here given, shall be concurrent with the district courts, ib. Process, proceedings, judgment, and execution not to be delayed, by any such State law, ib. The power of the State or county court in the mitigation, or re- mission of any fine, penalty or forfeiture, 359. The district courts shall have cognizance concurrent with the courts and magistrates of the several States, and the circuit courts in certain cases, ib. ST. MARY’S. Reference to acts respecting, 399. STRAYS. IIorned cattle, sheep, goats and hogs may be sold, after being tolled six months, 104. SUBPOENA DUCES TECUM. May issue by the clerk for the production of papers which may be sought to be used as testimony in cases pending in the supe- rior or inferior court, 183. To be sued by the sheriff, constable or any private person, ib. Person so summoned and refusing, subject to attachment of court, &c. 183. And subject to the action of the person having him summoned, ib. Papers so sought and not obtained, the party may go into parol evidence, 184. SUMMERWILLE. Reference to acts respecting, 399. SUPERIOR COURT. When no valid bond shall be given by the clerks, the superior court must rule the clerks for the amount which may seem to be right, 64, 65. 508 INDEX. SUPERIOR COURT. The clerk must adjourn the superior court, when the judge does not attend, 78. He must advertise the adjournment in a gazette, ib. Certain cases may be brought on the common law side of the court, 155. Either party may, during the progress of the suit, file a bill to dis- cover testimony, ib. Claims of real property to be tried in the superior court, 156. 180. The judges of the superior court must convene in Milledgeville annually, to establish uniform rules of practice, 160. Claims to slaves in a justice’s court, to be tried in the superior or inferior court, 169. 180. Claims to land levied upon by attachment in a justice's court, to be tried in the superior court, 180. Claims to slaves levied on by attachment in justice’s court, to be tried in the superior or inferior court, ib. The proceedings to be the same as in other cases of attachment, ib. Jury’s oath on the trial, ib. Times of holding the superior and inferior courts corrected up to January, 1830, 187. Justices of the peace may be ruled by the superior court, to pay over money, 192. Other officers may be ruled for the same purpose, 15. 305. Appeal may be had from the inferior to the superior court, 280. Jurisdiction and power of the superior court, 372. New trials and correction of errors, granted by the superior court, 372. Superior courts to sit twice a year. The judges to have salaries, ib. 373. The superior courts may issue writs of mandamus, prohibition, scire facias, &c. 373. SUPREME COURT. (See Judiciary.) SURETIES. Paying, may have control, &c. 11. 105. 171, 2. SURVEYOR GENERAL. Surveyor general’s salary, 121. Perquisites to be paid into the treasury, ib. Surveyor general created by the constitution, 371. SWAINSBOROUGH. Reference to acts respecting, 399. T. TALBOTTON. Reference to acts respecting, 399. INDEX. 509 TAX. # Drawers of land must pay taxes for the same whether granted or not, unless they relinquish it to the State in writing, 230. Governor not to interfere with the collection of taxes longer than the next meeting of the legislature, 325. Executions for taxes issued by the comptroller general only, ib. Tax collector collecting taxes before he gives bond, subject to in- dictment, 320. Proprietors or exhibiters of shows, to pay a sum not more than $50 nor less than $5, for each day they may exhibit, 327. What must be done with the money, 328. The tax act of 1817, with all acts and parts of acts it revives or continues in force, to be in force during the year 1821, 329. Exceptions as to change bills, ib. Sellers of lottery tickets, what they must do, ib. To pay 25 per centum, ib. On failing to comply with this act, to pay $500, ib. Thirty-one and a quarter cents to be levied and collected on every hundred dollars value of bank stock, owned by any person of this State in the Bank of the United States, 330. Part of the tax act of 1817 repealed, ib. Persons giving in taxes, may make exceptions of certain property, ib. The amount of a tax collector’s bond, ib. Where recorded,—and the clerk’s fee, ib. One half of the State tax reserved in the counties for county pur- poses, 331, 332. 334, 335, 336. 338. Any part of the insolvent list collected, shall become a part of the county funds, 331. Repeals a part of the tax act of 1804, as regards the tax of eigh- teen and three-quarter cents on every hundred dollars value of wares, liquors, and merchandise, ib. Lottery offices prohibited, with some exceptions, 332. For a violation of this act, shall pay a sum not exceeding one hun- dred dollars on every ticket thus bought or sold, ib. How recovered and the money added to the poor school fund, ib. Magistrates and others’ duty in the premises, ib. Provisions made for Upson and Ware counties, ib. Sheriffs and constables’ duty in levying and collecting executions for taxes, and their fees, ib. Certain persons exempt from paying poll tax, 333. The inferior courts of Columbia, Richmond, and Chatham direct- ed to pay over certain moneys for the purposes of education, ib. What amount of tax may be paid over to the Madison academy, 334. 510 INDEX. TAX. Tirty-one and a quarter cents tax on every hundred dollars em- ployed by a broker, how returned and collected, 344. On failing to make such return, what shall be the collector’s duty, ib. ' The tax act passed in 1825, and the acts it continued in force, &c. to be the tax act for the year 1829, 335. Brokers, private bankers, or exchange merchants, &c. their duty in making returns to the feceiver of tax returns, ib. To pay forty cents on every hundred dollars, ib. A return of one of a firm deemed sufficient, ib. On failing to make such returns, what shall be the duty of the re- €eiver of tax returns,—penalty five thousand dollars, 336. Tax on lands, swamps, &c. on the Ocmulgee, or Flint rivers, and the east side of the Chattahoochie, the same tax as the act of 1804 assessed on lands of the same quality on the Oconee, ib. Oak and hickory land, and pine land in certain places, how much assessed, ib. Both sides of the Chattahoochie, above the Alabama line, and all other oak and hickory land, and other lands, how assessed, ib. The acts, which the tax act passed in 1825, with all acts it revived, &c. declared the tax act for 1830, 337. Certain brokers, bankers, note shavers, &c. to make a return by the first day of August, 1830, on oath, the amounts employed by them in their business, since the first day of January, 1830, ib. Shall pay a tax of thirty-one and a quarter cents on every hun- dred dollars employed by them, ib. A return of one of a firm deemed sufficient, ib. Fifty per cent. on the amount of change bills issued and in circu- lation, ib. Not to interfere with the laws on the subject of unchartered banks, 337. What shall be the duty of receiver of tax returns, 338. Defaulters to pay five thousand dollars for the year they are in de- fault, ib. Duty of justices of the peace in making returns of persons in their district liable to pay taxes, ib. Taxes reduced 25 per cent., ib. (n.) Bills of the Central Bank receivable for taxes, and debts due the state, 56. Real estate of county academies exempt from taxation, 2. The property of the Savannah, Ogechee, and Alatamaha canal company exempt from taxation, 143. TAX COLLECTOR. To pay over county tax or pay 25 per cent, on the amount not paid over by the first of December, 72. INDEX. 511 TAX COLLECTOR. What shall disqualify a tax collector from, receiving his commis- sion, 67. - Vacancy how filled;—only to fill the time of his predecessor, 72, 3. In case of a tie, another election to be ordered, 73. What is to be done in the interim, ib. Tax €ollector elected to collect the taxes the year preceding their election, 72 (n.) He is to collect extra county tax, to give bond and security, and entitled to the usual commission, 76, 77. Defaulting tax collectors to pay at the rate of twenty per cent. per annum on the amount in default till paid, 326. * Tax collector collecting taxes before he gives bond, subject to in- dictment, ib. His duty when a broker fails to make his return, 334. Defaulting tax collectors not eligible to re-election, 375. TENANT. Tenant may be arrested, and removed, and subject to pay double rent when he holds over, or refuses to give up the rented premises, 293. TESTIMONY. Testimony may be taken by commission and de bene esse, 165, 166. TESTIMONY OF FEMALES. Interrogatories of females may be taken in certain cases, 184. Such females refusing to give testimony before the commissioners, what may be done, ib. THOMASTON. Reference to acts respecting, 399. TOLL. Rate of toll on the Savannah, &c. canal, 139. TOWNS. Reference to acts relating to the different county towns, &c. 397. TRANSFER. Plaintiff in judgment, or execution may transfer the same, and the assignee may collect it, 182. TREASURER. Treasurer’s salary, certain perquisites to be paid into the trea- Sury, 121. His fee in granting pedlar's license, 273. Not to pay any drafts on exhausted appropriations, president and speaker’s warrants excepted, 323. The accountability of the treasurer, and his securities, 324. He is to give bond and security in the sum of two hundred thou- sand dollars, 327. The treasurer created by the constitution, 371. Elected biennially by the legislature, ib. 512 INDEX. TRESPASS. Law relating to the trial of, 186 (n.) TRIAL BY JURY, Shall remain inviolate, 375. TROWER. Law relating to the trial of, 186 (n.) TRUSTEES. Trustees of academies in default with funds, to pay at the rate of 20 per cent. per annum on the amount in their hands, 5. To make return to the governor, 6. Clerk of the court of ordinary appointed trustee of the poor school fund, 6. The office of trustee of the poor school fund, not abrogated by the creation of the office of county treasurer, 75. TURNPIKE ROADS. Reference to acts passed on the subject of turnpike roads, 303. TYPE. No slave or free person of colour to be employed in setting type, 3.19. Any owner, &c. of a press, so employing a slave or free person of colour, how dealt with, ib. When there are several owners, or proprietors of a press, what may be done, ib. U. UNIVERSITY. Endowment to the university, eight thousand dollars per annum, 339. Further endowment, 11 additional trustees appointed, and young men from each county to be educated, ib. (n.) When the bank stock is not sufficient, to be paid out of the trea- sury, ib. The trustees to collect certain moneys, the governor and others to aid in the collection, ib. The treasurer of the State to pay to the treasurer of the university fifteen thousand dollars of the proceeds of the sale of the uni- versity lands, ib. New collegiate edifice to be built, ib. The trustees to ask and receive not less than ten thousand dollars from the sale of fractions previous to 1821, 340. The solicitor general of the Ocmulgee circuit to pay over money in his hands, ib. Seats of the trustees vacated on certain conditions, ib. Certain record of plots deemed good in evidence, 341. Must be authenticated by the oath of one or more of the surveyors, ib. Form of the oath, ib. INDEX. 513 UNIVERSITY. A When the original is lost, a duplicate must be made out and re- corded, 341, 2. Expenses of recording how paid, 342. USURY. Principal due on an usurious contract recoverable, and no more, 342. No forfeiture for receiving or returning more than eight per cent, ib. W. WACANCIES. Persons appointed to fill vacancies, are to hold their offices no lon- ger than their predecessors would have done, 72, 3. 106.375. VENDUE MASTERS. The inferior court shall have the exclusive right of appointing vendue masters, 70. VERNON. Reference to acts respecting, 399. W. WASHINGTON. Reference to acts respecting, 399. WATER MACHINERY. Mills and other valuable water machinery, charged to be a nui- sance, how the case is to be tried, 279. WATKINSVILLE. Reference to acts respecting, 399. WAYNESBOROUGH. Reference to acts respecting, 399. WIDOWS. What widows are entitled to out of their deceased husband's es- tate, 98. WILLS. Appeals may be taken up from the court of ordinary on the pro- bate of wills, &c. 111. Explaining conveyances in wills, 110. WITNESSES. Testimony may be taken by commission and de bene esse, 165, 166. WOMEN. Discharged from the performance of patrol duty, 271. WRITS. Sheriffs may serve and return writs seventeen days before court, 307. WRITS OF ERROR. To be brought within five years, with some exceptions, 335. * 65 º 514 INDEX. WRITS OF ERROR. Writs of error shall be a supersedeas in certain cases, only, 355. WRITS OF POSSESSION. May issue to place widows in possession of dower, 97. May be had to put the landlord in possession of his rented pro- perty, 293. INDEX TO THE FORMS. ATTACHMENTS. Af Form of the oath to obtain an attachment, 400. of the bond, ib. of the attachment, 401. of the summons of garnishment, 402. of the levy and advertisement, ib. The law on which they are founded, 11. BAIL. Form of an affidavit to obtain bail, 406. of the bail bond, ib. The law on which they are ſounded, 151. CLAIMS. Form of an affidavit, claiming property levied upon, 407. of the bond, ib. The law on which they are founded, 155. Form of a bond for the forthcoming of property, when the claim- ant wishes to take, or keep possession of the property levied upon, or claimed, 408. Law on which it is founded. See Prince’s Digest, 224. COLLECTING OFFICERS. Form of a demand upon an officer who refuses, or neglects to pay over money collected by him, 419. Of the proof of notice of the demand, 420. Law, 305. CORONER'S INQUESTS. Form of a precept to summon a july, 88. of process for witnesses, 402. of the oath of witnesses, 90. of the oath of the jury, 89. of the charge to the jury, ib. of the inquisition, 403. DEBTORS. Form of a schedule of articles exempt from seizure and sale, &c. 403. Law, 93. Form of a bond when a debtor is arrested by virtue of a capias ad satisfaciendum, 403. INDEX. 515 DEBTORS. Form of notice to creditors, and oath of insolvent debtors, 404. Law, 93.95. DOWER. Form of a petition for dower, 405. Law, 96. GARNISH MENT. Form of the oath to obtain a summons of garnishment, 412. of the bond, 413. of the summons, ib. Law, 160. 167. GUARDIAN. Form of a guardian’s oath, 105. INTERROGATORIES. Form of commission for taking, &c. 421. INTERNAL NAVIGATION. Form of the oath to obtain a warrant for persons obstructing water courses, 405. Form of the warrant, 406. Law, 129. LAND. Form of a bond, which must be given, when land is returned as having been fraudulently drawn, 415. Law, 252. LAND LORD AND TEN ANT. Form of the proceedings against a tenant, when he holds rented property over the time specified in the contract, 418. Form of the oath, ib. of the warrant, 1b. of the tenant’s oath, when he alleges his term of time has not expired, or when he denies he is the lessee of the per- son claiming to be the lessor, 419. Law, 293. MARRIAGE. Abridged form of, 423. PEDLARS. Form of the proceedings against a pedlar, who has not complied with the law in taking out his license, 416. Form of the oath, 416. of the warrant, ib. of the recognizance, ib. of the commitment, 417. Law, 274. PERSONAL PROPERTY. Form of an aſſidavit to obtain a warrant for the restoration of the possession of personal property, 109. 516 HNDEX. PERSONAL PROPERTY. Form of the warrant, 409. of a recognizance by the person, to whom the property may be given up, 410. of the commitment, where the defendant refuses to produce the property, &c. ib. of the oath of a person commencing a suit for personal pro- perty, to compel the defendant to give security for the forthcoming of the same, at the termination of the suit, 411. of the forthcoming bond, 412. Law, 157, 8. SUMMONS, To a justice’s court, form of, 421. SUBPOENA DUCES TECUM. Form of a subpoena duces tecum, to a person residing out of the county, 420. Law, 183. TESTIMONY. Form of a petition for taking testimony, by commission, and de bene esse, 414. Form of the affidavit which must accompany the petition, ib. Law, 165. 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