Full text of "A compilation of the laws of the State of Georgia : passed by the Legislature since the year 1810 to the year 1819, inclusive : comprising all the laws passed within those periods, arranged under appropriate heads, with notes of reference to those laws, or parts of laws, which are amended or repealed : to which are added, such concurred and approved resolutions, as are either of general, local, or private moment : concluding with a copious index to the laws, and a separate one to the resolutions"

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£. MERTON COULTER
A COMPILATION

OP -THE

lata*

OF THE

STATE OF GEORGIA,

PASSED BY THE LEGISLATURE
SINCE THE YEAR 1810 TO THE YEAR 1819, INCLUSIVE.

COMPRISING

ALL THE LAWS PASSED WITHIN THOSE PERIODS, ARRANGED UNDER APPROPRIATE HEADS, WITH NOTES OF
REFERENCE TO THOSE LAWS, OR PARTS OF LAWS, WHICH ARE AMENDED OR REPEALED.

TO WHICH ARE ADDED,

SUCH CONCURRED AND APPROVED

mi§®awsa®»^

AS ARE EITHER OF GENERAL, LOCAL, OR PRIVATE MOMENT,

CONCLUDING "WITH

A COPIOUS IXDEX TO THE* LAWS,

AND

A SEPARATE ONE TO THE RESOLUTIONS .

By LUCIUS Q. C. LAMAR, Esq.

AUGUSTA.

PUBLISHED BY T. S. HANNON

!8£L

t. MERTON COUL

•

WILLIAM BROWN, PriwteiO
Philadelphia. 3

>:■

m rtaiibi»i *

n.v-' :

EXECUTIVE DEPARTMENT, GEORGIA, l

MlLLEDGEVILLE, 226. FEBRUARY, 1821. 5

WHEREAS, by an act passed the 12th day of December, 1809, entitled "An
act to compile and arrange the Laws and Resolutions of this state, passed since
the political year 1800/' it is enacted and declared, " That during the year 1810
the Laws of this state, passed since the political year 1800, and concurred and
approved Resolutions, except such as relate to elections by the General Assembly,
and every tenth year thereafter, shall be compiled, arranged and printed." And
by the same act it is further enacted and declared, " That the Legislature shall, by
joint ballot of both branches, appoint some fit and proper person to compile and
arrange the Laws of this state, in pursuance of this act, and report the same to
his excellency the Governor, who shall approve or disapprove of the same."

And whereas, Lucius Q,. C. Lamar, Esquire, was, by joint ballot of both
branches of the Legislature, in conformity with the before in part recited act,
elected, on the 16th December, 1819, to compile and arrange the Laws of this
state, passed since the last compilation to the year 1819, inclusive, in pursuance
of the aforesaid act.

And whereas, the said Lucius Q, C. Lamar, Esquire, hath presented to me a
compilation of the Laws and Resolutions of this state, made in conformity to the
said act ; which compilation was, by an order of this department, of the 24th of
January last, submitted to the inspection and examination of Simon Whitaker,
James Camak, William Y. Hansell and James Bozeman, Esquires, who have re-
ported thereon as follows, viz :

' Wxe have, under your order and appointment, of the 24th of last month,
proceeded to the examination and correction of a compilation, by Lucius Q,. C.
Lamar, Esquire, of all the Laws of this state, from the year 1810 to the year 1819
inclusive, and such resolutions as were presented by the compiler, and which we
think are all that are of such a general nature as entitle them to a place in a work
of this kind, with the enrolled Laws and Resolutions, under the great seal in the

office of the secretary of the state ; and have now the honour herewith to return
the said compilation as a true copy of the said laws and resolutions.

" The marginal notes, and an index to the whole, we have taken as presented
by the compiler, as we have found so much correctness in the work, that we have
deemed it unnecessary to pursue the examination in those parts of it where we
consider his capacity alone sufficient to warrant their correctness.

"We cannot take leave of the subject without doing the compiler the justice
to say, that the whole of the work is admirably arranged, and well executed."

Now be it known, to all whom it may concern, that I, John Clark, Governor
of the state of Georgia, do, in conformity with the aforesaid Report, and in obe-
dience to the aforementioned act, hereby approve of the aforesaid compilation of
the Laws and Resolutions of this state.

JOHN CLARK.

■

PREFACE

TN this volume are comprised all the laws passed by the legislature
since the year 1810 to the year 1819, inclusive, arranged under sepa-
rate titles. The laws under each title are placed in the order of time
in which they were enacted ; and the year of their passage, together
with the title, is expressed at the top of each page. The acts are all
numbered, and to those which are amended or repealed, notes are
added, referring to the amendatory or repealing law, by its number,
and the year of its passage.

■

w v

TITLES

CONTAINED IN THIS VOLUME.

PAGE

Academies, 1

Actions, Limitations of, 30

Alleviating Laws, . . . .33

Aliens, . ... . .43

Appropriation Acts, ... 47

Attachments, . . . . .69

Banks, Incorporated, . . .74
Banks Unchartered, and Change Bills, 103

112
116
127
131
133
135
167
169
171
180

■

Boat Hands, .
Bridges, Toll, . . ^
Canals, ....
Census, ....
Certioraries and Injunctions,
Clerks, Sheriffs, and other Officers,
Confiscation, .....
Costs, .....
Constitution, Amendments of the,
Counties, Court-Houses and Jails,
Debt, Public, (outstanding evidences of) 244

248
250
252
267
274
276
280

Debtors, Insolvent,
Digest, M

Divorces, . . .
Elections, . . . .
Engineer, Topographical and Civil,
Escheats, . . .
Estrays, . . - .
Executors, Administrators and Guar-
dians,
Evidence, Records and Conveyances,
Factory, Woollen, *.

Ferries, ...

Fees and Salaries, ....
Free Schools, ....

282
288
302
304
319
325

JAGB

Inspection of Flour, i. 326

Inspection of Tobacco, . . . 334

Interest, 336

Joint Obligors, . . . . 338

Judiciary Laws, .... 339

Jurors, Grand and Petit, . . 395

Land, Acts relative to, . . . 404

Light-Houses, .... 434

Lumber and Staves, .... 435

Militia, 436

Mississippi Territory, . . .481

Navigation, ..... 482

Ne Exeat, Writs of, . . .530

Pedlers, . . . . . 532

Penal Code, . . . . .539

Penitentiary, . . . . . 659

Pilotage and Pilots, .... 677

Port- Wardens, . . •. . 681

Private Acts, ..... 682

Rents, . . . . . . 737

Representation, .... 745

Roads and Bridges, . . . 747

Slaves and Free People of Colour, 797

Societies and Companies, . . . 822

Stages, . ., . . . 861

Tax, . 870

Taxes Extra, . . . » . 894

Towns, ...... 936

University, . . . . . 1055

Vendue Masters, ■#. . . 1066

Weighing, with Scales and Steelyards, 1076

Wharfage and Shipping, . 1078

-■*■■?*

LAWS

OF THE

STATE OF GEORGIA.

ACADEMIES.

AN ACT 1811.

To make valid certain papers now in the possession of the Trustees of^Union No. l.

Academy, in the County of Putnam.

\w HERE AS, the Trustees of Union Academy have in their possession certain papers, Preamble
which they suppose to be, and did have executed for, mortgages, but on mature examina-
tion found that those mortgages had no seal affixed or subscribed thereto, which mort-
gages were given to secure the payment of certain debts due said academy, and in con-
sequence of which, said academy will be seriously injured, unless a law be passed for
relief of the said trustees of the academy aforesaid :

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and by the authority of the same, That all such instruments as Certain mort-
above described, shall be held, deemed, and taken as valid and binding in law, and alto- b/the trus-
gether adequate to the attainment of the end proposed ; any law, usage, custom or prac- Academy,"1 in

tice to the contrary, notwithstanding. > Putnam couiv

ty, legalized.

ROBERT IVERSON,

Speaker of the House of Representatives.
MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.
Assented to, 4th December, 1811.

D-. B. MITCHELL, Governor.

* See act of 1816, No. 10 ; by the 6th section of which all the property, funds, &c. of Union Academy, are
transferred to the use of Eatonton Academy.

ACADEMIES. 1811.

No, 2.

AN ACT

Granting to the Commissioners of the Sunbury Academy, for the use of that Semi-
nary, 166| acres of land.

BE it enacted by the Senate and House of Representatives, in General Assembly met,

One third of a and by the authority of the same, That one third of a tract of land adjoining Sunbury,

of land, grant and known by the name of the Distillery tract, confiscated as the estate of Roger Kell-

ed to the com- garj^ an(j now tyie pr0perty of the State, be, and the same is hereby given, granted and

Sunbury Aca- conveyed to the commissioners of the Sunburv Academy, for the sole use and benefit of
demy.

that institution.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 4th December, 1811

D. B. MITCHELL, Governor.

No. 3.

AN ACT*

To authorize the Commissioners of the Town and Academy of Waynesborough, in
Burke County, to dispose of certain lands belonging to said institution, adjoining
the town commons.

BE it enacted by the Senate and House of Representatives of the State of Georgia, in

The commis- General Assembly met, and by the authority of the same, That the commissioners of the

Academy of Academy of Waynesborough, in the county of Burke, or their successors in office, or a

rough author- maJority °f them, are hereby fully authorized and empowered to sell, or otherwise dispose

.ized to sell a Qf, to, and for the use and benefit of said academv, two hundred acres of the lands ad-
tract of land . . . ' . . ... .

for the use joining the said town ; and the said commissioners, in the sales or other disposition of
thereof

* See the act following this, authorizing- the sale of other lands for the use of said academy.

ACADEMIES. 1812,1814.

the said lands, shall do the same on the most effectual security, and on such terms and
conditions, as may be most conducive to the interest and prosperity of the aforesaid in-
stitution.

Assented to, 7th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate.

D, B. MITCHELL, Governor.

AN ACT

No. 4.

To authorize the Inferior Court of the County of Burke, to sell the Glebe land of

the said county, and for other purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the Inferior Court of the county of Burke be, and they are hereby authorized and inferior Court

empowered to sell and dispose of the Glebe lands of the said county, for the benefit of county au_

the Waynesborough Academy, upon such terms as, in the opinion of the Inferior Court, thowzedtodis-

will best promote the interest of the said academy ; — and the money arising from the Glebe lands of

said sale, to be by the said Inferior Court, paid over to the trustees or commissioners for the benefit
c ' j j of Waynesbo-

of said academy. rough Acade-

my.

Money to be
Sect. 2. And be it further enacted by the authority aforesaid, That the commissioners paid to the

trustees.
or trustees of the Waynesborough Academy be, and they are hereby authorized to sell said trustees

and dispose of a tract of land in Camden county, containing four hundred acres, con- g^iT* certain

veyed to the said commissioners by the commissioners of confiscated propertv, and the tract of land in

r r j i Camden coun-

money arising from said sale, to be applied to the use of said academy. ty.

Assented to, 23d November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern,

PETER EARLY, Governor.

B 2

ACADEMIES. 1815.

No. 5.

AN ACT

To incorporate an Academy in the Village of Powelton in Hancock county.

Preamble. WHEREAS, the citizens of Powelton and its vicinity have, by voluntary subscrip-

tions and contributions, established a fund for the purpose of erecting and supporting an
academy, for the education of youth of both sexes :

Trustees of
Powelton
Academy no-
minated and
incorporated.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the' authority of the same, That
William Rabun, Nicholas Guilders, Thomas Cooper, Sampson Duggar, Archibald R. S.
Hunter, James Crowder, Reuben T. Battle, John Veazy, and Stephen Weston be, and
they are hereby appointed trustees of the academy to be established in the village of
Powelton, and they and their successors in office shall be, and they are hereby declared
to be, a body corporate, by the name and style of the Trustees of the Powelton Academy
in Hancock county.

Their powers
and privi-
leges.

Proviso,

Sect. 2. And be it further enacted by the authority aforesaid, That the trustees afore-
said, and their successors in office, or a majority of them, are hereby authorized to make
such bye-laws, rules and regulations, as they may deem necessary and proper for the go-
vernment of said institution : Provided, such bye-laws are not repugnant to the consti-
tutional laws ; and they shall be invested with all manner of property, both real and per-
sonal, all donations, gifts, grants, privileges, and immunities, which may belong to, or
be hereafter made or conveyed to them, or their successors in office, to have and' to hold
the same for the proper use, benefit and behoof of said academy, subject to such altera-
tions or amendments as a majority of said trustees may from time to time ordain and
establish.

May sue and
be sued, &c.

Sect. 3. And be it further enacted by the authority aforesaid, That the trustees above
mentioned and their successors in office, shall be, and they are hereby made capable of
suing and being sued, impleading and being impleaded, and of using all necessary and
lawful measures for recovering or defending any property, debts or demands, which they
may claim in behalf of said institution, and also of recovering the rents, issues, and pro-
fits of the same, or any part thereof.

Their continu-
ance in office.

Sect. 4. And be it further enacted by the authority aforesaid, That the trustees herein
named shall continue in office, until the third Saturday in July next, and until their sue-

ACADEMIES. 1815.

cessors are elected, at which time the subscribers to said institution shall meet and elect Time and

.'■■'.' i«ti manner of

trustees, agreeable to the articles of association formed and entered into by them at the electing- trus-
tees.

first commencement of said institution.

Assented to, 23d November, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

AN ACT*

To authorize the Trustees of the Richmond Academy to establish a Seminary of
Learning on the Sand-Hills near Augusta, to be held and considered as a branch
of the Richmond Academy.

No. 6.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That A branch of
it shall and may be lawful for the trustees of the Richmond Academy, or a majority of Academy may
them, to establish a seminary of learning on the Sand-Hills near Augusta, to be held auheSnd"1
and considered as a branch of the Richmond Academy, and to be governed by such rules Hills-
and regulations as govern the said institution.

Assented to, 8th December, 1815,

BENJAMIN WHITAKER,

■Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

* See act of 1816, No. 14, authorizing said trustees to lay off and sell a range of lots in Augusta, &c— also act
of 1817, No. 15, confirming said sales and authorizing- others, &c— also act of 1819, No. 28, authorizing- the
trustees of said academy to use a common seal.

ACADEMIES. 1815.

No. 7.

AN ACT

To establish an Academy in the town of Monticello, by the name of the Monticello

Academy in Jasper County. •

Trustees of
Monticello
Academy no-
minated and
incorporated.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That Peter W. Gautier,
John Moore, Milton Antony, Charles Cargill, Spencer Crane, and Luris C. Holland
are appointed, and they and their successors in office shall be, and they are hereby de-
clared to be, a body corporate, by the name and title of the Monticello Academy in
Jasper county, with the privilege of having and using a common seal.

May make Sect. 2. And be it further enacted by the authority aforesaid, That the aforesaid trus-

and be invest- tees and their successors in office, or a majority of them, are hereby authorized to make

ed with pro- sucn bye-laws and regulations as are or may be necessary for the government of said

academy ; and they shall be invested with all manner of property, both real and personal,

all donations, gifts, grants, privileges and immunities whatsoever, which may belong to

said institution by virtue of this act, or any heretofore made, conveyed or transferred to

them or their successors in office, to have and to hold the same for the proper benefit

Proviso, and behoof of said academy : Provided, such bye-laws and regulations aforesaid, be not

repugnant to the constitution and laws of this state, or of the United States.

May sue and
be sued, &c.

Sect. 3. And be it further enacted by the authority aforesaid, That the trustees afore-
said and their successors in office, shall be, and they are hereby declared to be, able and
capable in law to sue and be sued, plead and be impleaded, in any court of law or equity
in this state, and of using all lawful and necessary means for recovering or defending any
property, debt, or demand, which they claim or demand in right of said institution ; and
also of recovering the rents, issues and profits of the same, or any part or parcel thereof.

Vacancies,
how filled.

Sect. 4. And be it further enacted by the authority aforesaid, That should any vacan-
cy happen by death, removal, or resignation of any of the trustees of the Monticello
Academy hereby established, it shall be filled in such a manner as a majority of the sur-
vivors shall point out, in their regulations, at their first meeting after the passing of this
act, or at any time thereafter : Provided the same shall not exceed three months.

A treasurer Sect. 5. And be it further enacted by the authority aforesaid. That the said trustees

may be ap- J J \ J J

pointed, who shall have power, whenever they deem it necessary, to appoint a treasurer, who shall

ACADEMIES. 1815.

give bond with approved security, payable to the Governor or his successors in office, shall give

f r bond and se-

in the sum of five thousand dollars, for the faithful performance of the duties of said curity.

office.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to, 14th December, 1815.

D. B. MITCHELL, Governor.

AN ACT* No. 8

To incorporate the Commissioners of the Morgan Academy, by the name and style

of the Trustees of Madison Academy.

WHEREAS, it comports with the true genius and spirit of our happy form of go- Preamble,
vernment to encourage all institutions tending to the diffusion of useful knowledge
among our citizens :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passage of this act, the Morgan County Academy shall
be known and called the Madison Academy ; and that Adam G. Saffold, Bedney Frank- Trustees of

Mtidison _A f*3.<»

lin, John Wingfield, Warren Jordan, and James Mitchell, and their successors in office, demy nomina-
be, and they are hereby declared to be, a body politic and corporate, Hy the name and *n \ incor'
style of the Trustees of the Madison Academy, and as such body politic shall be capa-
ble of suing and being sued, and shall be capable of doing all other acts which may be
necessary to the execution of the trust confided to them ; and for that purpose may have
and use a common seal, appoint such officers as they may think proper, and remove the
same for any malfeasance or neglect of duty.

Sect. 2. And be it further enacted, That the said trustees shall be capable of accept- Capable of ae
ing all bequests, gifts and donations which have been or may be hereafter bestowed quests^&c. "
upon them, and shall hold the same according to the trusts and conditions contained in
such donation or bequest.

* See act of 1819, No. 29, appropriating the fines and forfeitures arisingfrom criminal prosecutions in Morgan,
Greene, and Wilkes, to the use of the academies thereof,

ACADEMIES. 1815.

Vacancies Sect. 3. And be it further enacted, That all vacancies which may happen in the

board of trustees shall be filled by the General Assembly of this state, and it shall be
the duty of the said board, yearly and every year, to lay a correct account of their re-
ceipts and expenditures of the preceding year, before the grand jury of Morgan county :
Provided nevertheless, That nothing herein contained shall be construed to impair the
powers of the board of trustees of the University of Georgia, or of -the Senatus Acade-
micus, or of the board of visitors, granted them by the several acts regulating the Uni-
Arersity of Georgia.

Proviso

Assented to, 16th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL Go

vernor

No. 9.

Preamble.

AN ACT

• To appoint Trustees for Twiggs County Academy, and to incorporate the same,

and for other purposes.

WHEREAS, by the promotion of literary information, it is believed that the public
is benefitted, and as it comports with the genius of our government to promote and en-
courage all literary institutions, and as some private subscriptions have been raised by
the citizens of Twiggs county for the purpose of effecting the foregoing object:

Trustees of
Marion Aca-
demy nomina-
ted and incor-
porated.

Their cor-
porate pow-
ers.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That Archibald MTntyre, Moses Fort, Samuel Dick, Dr. Robert Cummins,
and William Crocker, and their successors in office, be and are hereby appointed trus-
tees of the academy of Twiggs county, to be known by the name and style of the Ma-
rion Academy, and the said trustees be a body politic and corporate, by the name and
style of the Trustees of the Marion Academy, and as such shall be capable of suing
and being sued, and shall be capable of doing all other acts, that shall or may be neces-
sary to the executing the trusts reposed in them, or a majority of them, and for that
purpose may have and use a common seal, and the same alter at pleasure, and appoint
such officers as they may think proper, for the purpose of carrying into effect the object
of said institution, and remove the same, or any of them, for malpractice or neglect of
duty.

ACADEMIES. 1816.

Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees, Capable of ac-

ccDtinsr be-
or a majority of them, shall be capable of accepting all bequests, gifts and donations, quests, &c.

which have been or may be hereafter bestowed upon them as trustees ; and shall hold

the same according to the trusts and conditions contained in such donation or bequest,

and collect the same, either by suit or otherwise.

Sect. 3. And be it further enacted by the authority aforesaid, That the said trustees, And receiv-
er their agent or agents, shall be, and are hereby authorized, to receive any donation or
donations which have been made, or hereafter may be made, by the Legislature of this
state, for the use of said academy, or to purchase, at any sale or sales of confiscated pro- May purchase
perty of this state, the amount of one thousand pounds sterling, for said county, and 0f confiscated
for the use of said academy ; and the commissioners for the selling of confiscated property anv^Sethr
are hereby authorized to receive their bids to the above amount, or for any other sum of-
not exceeding said amount, and to make sufficient titles to them or their successors in
office for the same.

Sect. 4. And be it further enacted by the authority aforesaid, That all vacancies^ Vacancies
which may happen in the board of trustees, shall be filled by the General Assembly of low falled-
this state, and it shall be the duty of said board, annually to account with the inferior
court of said county for the receipts and expenditures of said institution, whose duty it
shall be to have a record made of the same : Provided nevertheless, that nothing herein Proviso,
contained shall be construed to impair the powers of the board of trustees of the Uni-
versity of Georgia, or of the Senatus Academicus, or of the board of visitors, granted
them by the several acts regulating the University of Georgia.

Sect. 5. And be it further enacted by the authority aforesaid, That all laws, resolu- Kepealing-
tions and acts, or parts thereof, militating against this act, be, and the same are hereby
repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 4th December, 1816.

D. B. MITCHELL, Governor.

See act of 1818, No. 21, authorizing the trustees to fill vacancies in their board.

No. 10.

ACADEMIES. 1816.

AN ACT*

To incorporate Eatonton Academy, in the County of Putnam, and to invest the
funds of Union Academy, in said County, in the Trustees of Eatonton Academy.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Trustees of That Christopher B. Strong, Thomas Hoxey, Coleman Pendleton, William Williams,

cademy nomi- John J. Smith, John C. Mason, Irby Hudson, William Wilkins, and William E.

Adams, be, and they are hereby appointed trustees of an academy to be established in

corporated.
Their style.

the town of Eatonton, and they and their successors in office shall be, and they are
hereby declared to be, a body corporate, by the name and style of " The Trustees of
Eatonton Academy," in the county of Putnam, with the privilege of having and using
a common seal.

May make
bye-laws, &c.

Proviso.

Sect. 2. And be it further enacted by the authority aforesaid, That the trustees
aforesaid, and their successors in office, or a majority of them, are hereby authorized to
make such bye-laws, rules and regulations as they may deem necessary and proper for
the government and benefit of said institution : Provided such bye-laws are not repug-
nant to the constitution and laws of this state ; and they shall be invested with all man-
May have pro- ner of property, both real and personal, all donations, gifts, grants, privileges and im-
munities, which may belong to, or be hereafter made, conveyed or transferred to them,
or their successors in office, to have and to hold the same for the proper use, benefit
and behoof of said academy, subject to such alterations or amendments as a majority
of said trustees may from time to time ordain and establish.

perty.

May sue and
be sued, &c.

Sect. 3. And be it further enacted by the authority aforesaid, That the trustees above men-
tioned, and their successors in office, shall be, and they are hereby made capable of su-
ing and being sued, impleading and being impleaded, and of using all necessary and
lawful measures, for recovering or defending any property, debts, or demands, which
they may claim in behalf of said institution, and also of recovering the rents, issues and
profits of the same, or any part thereof.

Vacancies,
how filled.

Sect. 4. And be it further enacted by the authority aforesaid, That should any vacancy
happen by the death or resignation of any of the trustees of Eatonton Academy here-

* See act of 1818, No. 531, incorporating « Eatonton Academy Library Society."

ACADEMIES. 1816.

by authorized and established, such vacancy shall be filled, in such manner as a ma-
jority of the survivors shall in their regulations point out.

Sect. 5. And be it further enacted by the authority aforesaid, That the said trustees, Trustees may

elect officers
or a majority of them, shall have power to elect such officers as they may think pro-
per, and remove the same for any malfeasance or neglect of duty, and the said trustees Shall annually
shall, once in every year, lay before the grand jury of Putnam county a full and correct 0f their funds
account of the funds of said academy. e-rancT jury

Sect. 6. And be it further enacted by the authority aforesaid, That all the property, The property

both real and personal, all debts or demands whatsoever, and all monies that now are Academy

transferred to

belonging, or in anywise appertaining to the trust of Union Academy, in the county of th
Putnam, be, and the same are hereb
and benefit of Eatonton Academy.

Putnam, be, and the same are hereby invested, transferred and confirmed to the trust, use tonton Aca

demv

Sect. 7. And be it further enacted by the authority aforesaid, That immediately after Said transfer

i*e srultit e d
the passing of this act, the trustees of Union Academy, with their treasurer, shall make

out a full and fair schedule of all the funds and property of every description, belong-
ing to their trust, and shall turn the same over, together with such schedule, to the
trustees of Eatonton Academy, who shall give a receipt for the same : Provided never- Proviso.
theless, that this act of incorporation shall be subject to any revision or alteration that
any future legislature of this state may think proper to make.

Sect. 8. And be it further enacted by the authority aforesaid, That an act passed the Repealing
fifteenth day of December, eighteen hundred and nine, to establish an academy in the
town of Eatonton, and county of Putnam, by the name of Union Academy, and to in-
corporate the same, be and the same is hereby repealed, so far as the same may militate
against the provisions of this act.

Assented to, 4th December, 1816,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor,

C 2

ACADEMIES. 1816.

No. 11.

AN ACT*

To authorize the Commissioners of the Academy of Washington County, to dis-
pose of a certain lot in the town of Sandersmlle.

Commission-
ers of Wash-
ington County
Academy au-
thorized to
dispose of a
certain lot in
Sansdersville,
for the bene-
fit of said in-
stitution.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That the
commissioners of the Academy of Washington County, their successors in office, or a
majority of them, are hereby fully empowered to sell or otherwise dispose of, to and' for
the use of said academy, a certain lot in the town of Sandersville, heretofore con-
veyed to the said commissioners by William Triplett, for the use and benefit of said
seminary, and the said commissioners, in the sale or other disposition of said lot, shall
do the same on such terms and conditions as may be most conducive to the interest and
prosperity of said institution.

Assented to, 13th December, 1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

No. 12.

AN ACT

Trustees of
Warrenton
Academy no-
minated and
incorporated.

Their style.

To incorporate the Trustees of Warrenton Academy in, the County of Warren.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Samuel Lowther, Peyton Baker, Arthur Montcrief, Edward Donoho, Rufus
Broom, Archelaus Flewellen, Turner Persons, George W. Hardwick, and Dennis L.
Ryan, be, and they are hereby appointed trustees of an academy, to be setablished in
the town of Warrenton, and they and their successors in office shall be, and they are
hereby declared to be, a body corporate, by the name and style of " The Trustees of
Warrenton Academy," with the privilege of having and using a common seal.

May make
bye-laws, &c.

See act of 1819, No. 24, appointing and incorporating commissioners of said academy.

ACADEMIES. 1816.

government and benefit of said institution: Provided, such bye-laws, rules and regula- Proviso.

tions are not repugnant to the constitution and laws of this state ; and they shall be in- Mav holdpro-

10 J perty, &c.

vested with all manner of property, both real and personal, all donations, gifts, grants,

privileges and immunities which may belong to, or be hereafter made, conveyed or trans-
ferred to them, or their successors in office, to have and to hold the same for the proper
use, benefit and behoof of said academy, subject to such alterations or amendments as a
majority of said trustees may from time to time ordain and establish.

Sect. 3. And be it further enacted by the authority aforesaid, That the trustees May sue and
above mentioned, and their successors in office, shall be, and they are hereby made ca-
pable of suing and being sued, pleading and being impleaded, and of using all necessary
and lawful measures for recovering or defending any property, debts, or demands which
they may claim in behalf of said institution, and also of recovering the rents, issues and
profits of the same, or any part thereof.

Sect. 4. And be it further enacted by the authority aforesaid, That the trustees Their con-
herein named shall continue in office until the first Tuesday in July next, and until office,
their successors are elected, at which time, and on the first Tuesday in July in every Trustees how
second year thereafter, the subscribers to said institution shall meet and elect nine per- elected,
sons as trustees for said institution, and the persons having a majority of the votes of
the subscribers then present shall be the trustees as aforesaid; and should any vacancy
happen by* death, resignation or otherwise, of any of the trustees of Warrenton Aca-
demy, hereby authorized and established, such vacancy shall Jpe filled by a majority of Vacancies,
, i - rr how filled,

the trustees then in office.

Sect. 5. And be it further enacted by the authority aforesaid. That the said trustees, Trustees may

. . r , . elect and re-

or a majority of them, shall have power to elect such officers as they may think proper, move officers.

and remove the same for any malfeasance or neglect of duty.

Sect. 6. And be it further enacted by the authority aforesaid, That this act of incor- This act sub
>ration shall be subject to any
state may think proper to make.

icct to rcvi-
poration shall be subject to any revision or alteration that any future legislature of this sion, &c by

any future le-
gislature.

Assented to, 18th December, 1816,

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor.

ACADEMIES. 1816.

No. 13.

AN ACT

To authorize the Commissioners of Baldwin County Academy to sell and convey
six lots in the town of Milledgeville, for the benefit of said Academy.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

Commission- General Assembly met. and it is hereby enacted by the authority of the same. That from

ersof Bald- . . . ..

win Academy and after the passing of this act, it shall and may be lawful for the commissioners of

sell six lots in tne Baldwin Academy, or their successors in office, to sell, dispose of and convey,

for the b (after giving sixty days notice,) six one acre lots in the town of Milledgeville, out of

fit of said in- the number of those not heretofore disposed of, for the benefit of the academy afore-
stitution.

said.

BENJAMIN WHITAKER,

Speaker of the House of Rrepresentatives ,

WILLIAM RABUN,

President of the Senate.

Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

No. 14.

AN ACT*

To authorize the Trustees of Richmond Academy, or their successors in office, to lay
off a range of Lots, on Walker street in the city of Augusta, and to sell, dispose
of and convey the same, and to appropriate the money arising from the sale of
said lots.

Trustees of
Richmond
Academy au-
thorized to lay
off and sell a
range of lots
in Augusta,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, it shall and may be lawful for the trustees
of the Richmond Academy, or their successors in office, and the said trustees shall be,
and they are hereby authorized to lay off a range of lots, of any size they may deem ex-
pedient, on the south side of Walker street, in the city of Augusta, along the whole
extent of said street, and the same to sell and convey, under such terms as to them shall
seem most conducive to the welfare of said city, and the benefit of the said Richmond
Academy.

* See the act following this.

ACADEMIES. 1816.

Sect. 2. And be it further enacted by the authority aforesaid, That the said trus- Empowered

. to lay off into

tees of Richmond Academy shall be, and they are hereby authorized and empowered to lots, all the

lay off into lots, of any size or dimension they may think proper, all that unimproved ground lying

ground lying between Telfair and Walker streets, in the said city of Augusta, which between Tel*

has not heretofore been disposed of; and the same to sell and convey, or dispose of, ker streets.

under such terms and restrictions as to them shall seem most conducive to the welfare

and improvement of the said city of Augusta.

Sect. 3. And be it further enacted by the authority aforesaid, That the trustees of Authorized to
the Richmond Academy be, and they are hereby authorized, after the expiration of the ^Augusta to
present leases of the town common of Augusta, to lay off a street on the south of the ^f call^dWat-
range of lots authorized to be laid off by the first section of this act, of the width of one
hundred feet, (or such other width as the said trustees shall think proper,) which street
shall run parallel with Walker street, and of the same length, which shall be called and
known by the name Watkins street.

Sect. 4. And be it further enacted by the authority aforesaid, That the monies aris- Monies aris-
ing from sales authorized by this act, shall be, and the same are hereby declared to be, a safes™™ be-
part of the funds of the said Richmond Academy, and to be appropriated in such man- ?Smf P?rt {?
ner as the trustees of the said academy, or their successors in office, shall deem most sa*d academy,
conducive to the welfare of said institution.

Sect. 5. And be it further enacted by the authority aforesaid, That all acts and parts Repealing
of acts, militating against this act, be, and the same are hereby repealed.

Assented to, 19th December, 1816,

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN.

President of the Senate.

D. B. MITCHELL, Governor,

16 ACADEMIES. 1817.

No. 15. AN ACT

Tc confirm the sales lately made by the Trustees of the Richmond Academy* of a
range of Lots, south of Walker street in the city of Augusta, and to narrow and
define the width of said Walker street, and to continue the said street eighty feet
wide, and sell the remainder of the lots on said street.

Preamble. WHEREAS, the trustees of the Richmond Academy were, by an act of the General

Assembly of this state, passed on the nineteenth day of December, 1816, authorized to
lay off a range of lots of any size they might deem expedient, on the south side of Wal-
ker street, along the whole extent of said street, and the same to sell and convey, under
such terms as to them should seem most conducive to the welfare of said city, and the
benefit of the said Richmond Academy :

And Whereas the said trustees, in laying off the said range of lots, deemed it most
conducive to the welfare of the said city and of the said academy, to narrow Walker
street to the width of eighty feet, and to include the surplus of said street in the lots so
by them laid off, and did, on the twenty-second day of April last, expose a part of the
said lots so laid off to public sale ; And the said trustees having petitioned the honour-
able the General Assembly to confirm the sales so by them made as aforesaid:

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

Sales of lotsin same, That the sales of lots south of, and including a part of Walker street, in the city

Augusta made Q£ Augusta, made by the trustees of the Richmond Academy, on the twenty-second day

tees of Rich- 0f April, 1817, be, and the same are hereby legalized and confirmed ; and the said trus-

mond Acade- r - .

my confirmed, tees of the Richmond Academy, and their successors in office, are hereby authorized

Conveyances and empowered to convey the said lots to the respective purchasers, in as full and am-
ple a manner as if there had been no part of the said street included therein.

Width of Wal- Sect. 2. And be it further enacted by the authority aforesaid, That the width of
Au1* * rtadi? Walker street, in the said city of Augusta, shall hereafter be only eighty feet, as lately
fined. altered and arranged by the trustees of the Richmond Academy, any law to the con-

trary notwithstanding.

Said trustees Sect. 3. And be it further enacted by the authority aforesaid, That the trustees of

layoff and sell the Richmond Academy and their successors in office, be, and they hereby are au-

certain other thorized to lav off, sell and convey any other lots south of Walker street, upon a range
lots in Augus- j j j «

ta. witn those heretofore sold, including a part of said street, so as to keep the same uni-

form, and of the width of eighty feet, as provided in the second section of this act.

ACADEMIES. 1817.

Sect. 4. And be it further enacted by the authority aforesaid, That all acts and parts Repealing
of acts, repugnant to this act, be and the same are hereby repealed.

Assented to, 3d December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

AN ACT

No. 16.

To authorize the Trustees of the Meson Academy, in the county of Oglethorpe, to
Jill such vacancies as may hereafter occur in said board of Trustees.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That from

and after the passage of this act, the Trustees of the Meson Academy, in the county Trustees of

IVlcson \crc1c*

of Oglethorpe, shall be authorized to fill such vacancy or vacancies, that may hereafter my authoriz-
occur in said board of trustees, by the appointment of such person or persons as they canc°es i^a"
may think proper, any law to the contrary notwithstanding. ^^ board.

Assented to, 18th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

ACADEMIES. 1817.

No. 17.

AN ACT

To authorize the trustees of Elbert County Academy, to raise by lottery, a certain
sum of money, to aid in building said Academy, and to appoint managers of
said lottery, and make permanent the site of said Academy.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same it is hereby enacted.
That the trustees of the Elbert County Academy, be, and they are hereby autho-
rized and empowered, to raise by lottery the sum of three thousand dollars, to aid
n^y lotte- *n biding and establishing an academy in or near the town of Elberton, in Elbert

Trustees of
Elbert county
Academy au<-

raise by
ry $3000.

county.

Managers of Sect. 2. And be it further enacted by the authority aforesaid, That John A.

pointed61^ aP" Heard, William Woods, Edward Sims, Gains Thompson and Thomas Jones, be, and
they are hereby appointed managers of said lottery, with authority to make such ar-
rangements, and adopt such plan as they may think best calculated to attain the object
of said lottery.

Drawing of Sect. 3. And be it further enacted by the authority aforesaid, That the aforesaid

managers shall, within three years from the passage of this act, complete the draw-
ing of said lottery, and pay over to the trustees of said academy the amount so raised

Money raised, by lottery, which said sum shall, by said trustees, be applied to the building and esta-
ow app ie . bijghing an academy, to be called the Elberton Academy, in or near the town afore-
said ; and that the site of said academy be in or within one mile of said town^ and the
same is hereby made permanent.

\ssented to, 19th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

*■

ACADEMIES. 1817.

AN ACT

No. 18,

To alter the manner of appointing the Commissioners of the Academies of Glynn

and McIntosh Counties.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That in future the commissioners of the Academy of the county of Glynn shall be
elected by the persons entitled to vote for members of the General Assembly, and
be superintended by one magistrate and two freeholders of the county, and the persons
having the highest number of votes shall be duly elected ; and they shall hold their ap-
pointments for the term of four years, and until their successors are appointed.

Sect. 2. And be it further enacted, That the first election shall take place at the
court-house of Glynn, on the first Monday in January next, and on the first Monday in
January every fourth year thereafter : And in case of vacancy by death, resignation, re-
moval from the county or otherwise, the commissioners then in office shall advertise an
election to fill such vacancy, giving at least twenty days notice, which election shall be
conducted in the manner pointed out in the first section of this act.

Commission-
ers of Glynn
county Aca-
demy to be
elected by the
voters for
members of
the legisla-
ture.

Continuance
n office.
Time of elec-
tion.

Vacancies how
filled.

Sect. 3. And be it further enacted, That all vacancies now existing, or which mav vacancies
J °' ; among the

hereafter exist, in the commissioners of the Academy of McIntosh county, shall be filled commissioners
!•■-• i-ri.^ , a n ofM'Intosh

by joint resolution ot the General Assembly. Academy,how

filled.
Sect. 4. And be.it further enacted, That all laws or parts of laws, militating against Repealing

cIriisc

this act, be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Assented to, 20th December, 1817.

•

WILLIAM RABUN, Governor

D 2

ACADEMIES. 1818.

No. 19.

AN ACT

To appoint Trustees for the Jackson County Academy, and to incorporate the

same.

Trustees of
Jackson coun-
ty Academy
appointed
and incorpo-
rated.

Corporate
powers.

May accept
bequests, &c.

Vacancies,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted, That Thomas Huson,
Edward Adams, Dr. Willis Pope, David Witt, and Hugh Montgomery, and their
successors in office, be, and they are hereby declared to be, a body politic and corporate,
by the name and style of the Trustees of the Jackson County Academy, and as such
body politic, shall be capable of suing and being sued, and of doing all other acts which
may be necessary to the execution of the trust confided to them, and for that purpose
may have and use a common seal, appoint such officers as they may think proper, and
remove the same at pleasure.

Sect. 2. And be it farther enacted, That the said trustees shall be capable of ac-
cepting all bequests, gifts and donations, which have been or may be hereafter bestowed
upon them, and shall hold the same according to the conditions contained in said dona-
tion or bequest, and for collecting and laying out or disposing any monies or debts due,
or that may become due the said institution, either for tuition or otherwise, and also to
fill all vacancies that may happen in their own body.

Assented to, 20th November, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor,

ACADEMIES. 1818.

. . ' ■■.

AN ACT No. 20.

To incorporate Sardis Academy, in Jasper County.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
from and immediately after the passage of this act, the Academy in Jasper county, now
known by the name of Sardis Academy, shall be known and called by that name, and

that Lawson S. Holland, James Richards, John Collier, Moses Smith, Richard M. Sis- Trustees of

. m ii Sardis Acade-

son, John Moore and Asa Ragan, and their successors in office, be, and they are .hereby my in jasper

declared to be, a body politic and corporate, by the name and style of the Trustees of polrated. r

Sardis Academy, and as such shall be capable and liable in law to sue and be sued, Their style

and corporate
plead and be impleaded, and shall be authorized to make such bye-laws and regulations powers.

as may be necessary for the government of said academy : Provided, such bye-laws are Proviso.

not repugnant to the constitution and laws of this state, and for that purpose, may have

and use a common seal, appoint such officers as they may think proper, and remove the

same from office for improper conduct, or neglect of duty.

Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees Capable of
shall be capable of accepting and being invested with all manner of property, real and perty,*&c.
personal, all donations, gifts, grants, privileges, and immunities whatsoever, which may
belong to said institution, or which may hereafter be conveyed or transferred to them,
or their successors in office, to have and to hold the same for the proper benefit and be-
hoof of said academy.

Sect. 3. And be it further enacted by the authority aforesaid, That when any vacancy Vacancies,
may happen, by death, resignation, or otherwise, of any of the trustees of Sardis Acade-
my, the survivors or remaining trustees shall fill the same, in such manner as shall be
pointed out by the bye-laws and regulations of the trustees aforesajd.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Assented to, 24th November, 1818,

WILLIAM RABUN, Governor.

ACADEMIES. 1818.

No. 21.

AN ACT

Vacancies in
the board of
trustees of
Marion Aca
demy, how
filled.

To authorize the Trustees of the Marion Academy, in Twiggs County, to Jill such
vacancies as may have heretofore, or hereafter may happen in the Board of Trus-
tees of the said Academy.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in Ge-
neral Assembly viet, and it is hereby enacted by the authority of the same, That from and
after the passing of this act, the trustees of the Marion Academy, in the county of
Twiggs, shall be authorized to fill all vacancies which may have or hereafter may happen
in the board of trustees of said academy, by the appointment of such person or persons
as they may think proper, any law to the contrary notwithstanding.

Assented to, 8th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

No. 22.

AN ACT

To incorporate the Sparta Academy in Hancock County.

Sect. 1. BE it enacted by the. Senate and House of Representatives of the state of Geor-
, gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
Trustees of William G. Springer, John Lucas, Nicholas Childers, Charles E. Haynes, and Thomas
my nominated Haynes, and their successors in office, shall be, and they are hereby declared to be, a body
rated0001 P° corporate, by the name and style of the Trustees of the Sparta Academy in Hancock
County, and the said trustees are hereby authorized to have and use a common seal, and
the same to break, alter and renew at pleasure, and they are hereby declared to be able
and capable in law of suing and being sued, pleading and being impleaded, and to have,
hold and enjoy real and personal property, for the use, purpose and benefit of said aca-
demy.

Their corpo-
rate powers.

May fill va-
cancies.

Sect. 2. And be it further enacted, That the said trustees, and their successors in of-
fice, shall have power to fill all vacancies, which may happen in their board, from time

ACADEMIES. 1818.

to time, by death, resignation or otherwise, and that three of the aforesaid trustees, shall Three a com-

. r • petent board,

be sufficient to form a board for the transaction of the business of said academy.

Assented to, 17th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

AN ACT

No. 23.

To incorporate Hillsborough Academy, in Jasper County.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same it is hereby enacted, That Hillsborough
from and after the passage of this act, the Academy in Jasper county, at Hillsborough, corporated.
shall be known and called by the name of Hillsborough Academy, and that George Trustees.
Alexander, Archibald Standiford, John Hill, Francis B. Smartt and Robert E. Richard-
son, and their successors in office, be, and they are hereby declared to be, a body politic
and corporate, by the name and style of the T«Btees of Hillsborough Academy ; and as
such shall be capable and liable in law to sue and be sued, plead and be impleaded, and Corporate
shall be authorized to make such bye-laws and regulations, as may be necessary to carry
into effect and execution the trust confided in them : Provided, such bye-laws and regu- Proviso,
lations be not repugnant to the constitution and laws of this state, and for that purpose
may have and use a common seal, appoint such officers as they may think necessary, and
remove the same from office, for improper conduct or neglect of duty.

Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees May hold real
shall be capable and authorized to accept of and be invested with all manner of property, prop^rty01&c
real or personal, all donations, gifts, grants, privileges and immunities whatsoever, which
may now belong to said institution, or which may hereafter be conveyed or transferred
to them or their successors in office, to have and to hold the same, for the proper use,
benefit and behoof of the said academy.

ACADEMIES. 1818.

Vacancies. Sect. 3. And be it further enacted by the aforesaid authority, That when any vacancy

may happen, by death, resignation, or otherwise, of any of the trustees aforesaid, it shall
be filled in such manner as the trustees may by their bye-laws prescribe.

Assented to, 17th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

♦

WILLIAM RABUN, Governor.

No. 24.

AN ACT

To appoint Commissioners for the Washington County Academy, and to make

the same a body corporate.

Commission- -
ers of Wash-
ington County
Academy ap-
pointed and
incorporated.

Corporate
powers.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
Benjamin Skrine, Henry Crowell, Tilman Dixon, Morgan Brown, Frederick Cullens,
John Irwin, James Kendrick, Nathaniel G. Rutherford, and John Williams, be appointed
commissioners of Washington County Academy, and that they, or their successors in
office, be declared a body corporate, to Be known by the style and denomination of the
Commissioners of the Academy of Washington County, and they shall have full power
and authority, under the style and name aforesaid, to sue and be sued, plead and be im-
pleaded, in any court of law in this state, and to fill all vacancies which may happen in
their body : And they, or a majority of them, are hereby vested with all power and pri-
vileges which may be most conducive to the benefit of said institution for the promotion
of literature.

A treasurer to Sect. 2. And be it further enacted by the authority aforesaid, That the said commis-

be appointed, . . . . .

who shall give sioners, or a majority ol them, shall, as soon as convenient, at or alter their first meeting

curity1" ?< hereafter, appoint some fit and proper person of their own body as a treasurer, who shall

enter into bond, with good and sufficient security, in the sum of five thousand dollars, for

the faithful performance of the trust reposed in him, whose duty it shall be to collect

and take care of the funds of said institution, and pay them out in such a manner as he

may be required.

*♦

httfiitafe

ACADEMIES. 1819.

Sect. 3. And be it further enacted by the authority aforesaid, That the said commis- Titles to the

,. . ••i-r'iri irii ^an^ whereon

sioners shall, in the first instance, receive titles m tee simple for the tract or lot ol land the academy

whereon the academy shall be placed, before they shall proceed to any other contribution ^ b°e obtained!

for or towards the building of said academy.

Sect. 4. And be it further enacted by the authority aforesaid, That all laws and parts Repealing-
of laws, heretofore passed, contrary to this law, be and the same are hereby repealed.

Assented to, 30th November, 1819.

DAVID ADAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor,

■m

AN ACT

No. 25.

To remove the Academy in Camden County, from St. Mary's to the town of

Jefferson.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Camden coun-
the commissioners of the academy in said county, or a majority of them, should they mayberemor-
deem it expedient, be fully empowered and authorized to remove the same from St. son.
Mary's to the town of Jefferson.

Sect. 2. And be it further enacted, That such part of the funds of said academy, al-
ready invested in bank stock, be in no wise resorted to by the commissioners, but that
all expenses incurred, shall be paid out of the interest arising from said stock, and from
any other funds belonging to said academy ; and also, that two commissioners be, and
the same are hereby added to the original number, and that Daniel Tomkins and Jo-
seph Thomas be appointed those commissioners.

The funds of
said academy
now vested in
bank stock,
not to be re-
sorted to.
Two commis-
sioners added
to the original
board.

ACADEMIES. 1819.

Repealing- Sect. 3. And be it further enacted, That any law or laws heretofore enacted, so far

as they militate against this act, be, and the same are hereby repealed.

Assented to, 9th December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

No. 26.

AN ACT

To incorporate the Trustees of the Ocmulgee Academy, in the County of Twiggs.

Trustees of
the Ocmulgee
Academy, in
Twiggs coun-
ty, nominated
and incorpo-
rated.

Sect. 1, BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Benjamin Dupree, Edmund Dupree, William W. Williamson, Henry Bann, and
Robert Glenn, and their successors in office, be, and they are hereby declared to be, a
body politic and corporate, by the name and style of the Trustees of the Ocmulgee Aca-
denty, in the county of Twiggs, by which name and style they shall be capable in law of
suing and being sued, pleading and being impleaded, and they and their successors in.
office are hereby authorized to use a common seal.

Their corpo-
rate powers.

Sect. 2. And be it further enacted by the authority aforesaid, That the trustees above
named, and their successors in office, or a majority of them, shall be, and they are hereby
•authorized to make such bye-laws and regulations as are necessary to the government
of an academy : Provided, such bye-laws and regulations are not repugnant to the con-
stitution and laws of this state ; and that they shall be invested with all manner of pr,o*
perty, both real and personal, all donations, gifts, grants, privileges and immunities
whatsoever, which may belong to the said institution at this time, or which may hereafter
be made, conveyed or transferred to them, or their successors in office, to have and to
hold the same for the proper use, benefit and behoof of the said academy.

Vacancies, Sect. 3. And be it further enacted by the authority aforesaid, That should any vacancy

happen by death, resignation, or otherwise, of any of the trustees of the said academy,

iMMlHHIflHH^ft

•**

ACADEMIES. 1819.

the survivors or remaining trustees shall fill the same, in such manner as shall be pointed
out by the bye-laws of said institution.

Assented to, 9th December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

AN ACT

No. 27.

To incorporate the Trustees of the Laurens County Academy.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That

John Fullwood, John G. Underwood, Jacob Robinson, John Guyton, Amos Love, Trustees of

Laurei) s Coun-
Lunsford C. Pitts, and George W. Welch, and their successors in office, shall be, and ty Academy

they are hereby declared to be, a body corporate, by the name and style of the Trustees incorporated.

of the Laurens County Academy ; and the said trustees, and their successors in office,

are hereby declared to be ■ able and capable in law of suing and being sued, pleading

and being impleaded, and to have, hold, and enjoy real and personal property, for

the use, purpose and benefit of said academy.

Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees, May hold pro-
and their successors in office, shall be capable of accepting, and be invested with all man-
rter of property, real and personal, all donations, gifts, grants, privileges and immunities
whatsoever, which may now belong to said academy, or which may hereafter be be-
queathed, given, conveyed or transferred to them, for the use and benefit of said aca-
demy.

Sect. 3.. And be it further enacted by the authority aforesaid, That the said trustees, May appoint
... and remove of-

and their successors in office, shall have power and authority to appoint such officers, as ficers,

they, or a majority of them, may think proper, and remove the same from office for im-
proper conduct or neglect of duty, and that the said trustees, and their successors, shall Fill vacancies.
have power to fill all vacancies that may happen in the board from time to time, by

death, resignation or otherwise, and to make such laws and regulations for the govern- Make bye-
laws, Sec.
E 2

ACADEMIES. 1819.

ment and management of said institution, (not contrary to the laws and constitution of
this state,) as they, or a majority of them, may deem proper.

Repealing-
clause.

Sect. 4. And be it further enacted by the authority aforesaid, That alt laws and parts
of laws, militating against this act, be, and the same are hereby repealed.

Assented to, 14th December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

No. 28.

AN ACT

Amendatory of an Act, entitled an Act for the more full and complete establish-
ment of a Public Seat of Learning in this State.

Preamble. WHEREAS it is considered that it will be more conducive to the interest of the

Richmond Academy, that the trustees of that institution should be allowed to use a
common seal, when acting in their corporate capacity :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
Trustees of state of Georgia, in General Assembly met, That from and after the passing of this act, it
Acldem^au. shall and may be lawful that Nicholas Ware, Freeman Walker, Anderson Watkins,

thorizedtouse Walter Leigh, L. C. Cantelow, Rober R. Reid, George Allen, A. Cunningham, and

a common seal. & ?

Edward F. Campbell, trustees of the Academy of Richmond County, and their succes-
sors in office, shall be, and they are hereby authorized and empowered to have and use
a common seal, whenever acting as a corporate body.

Acts hitherto Sect. 2. And be it further enacted, That all acts heretofore done by the aforesaid
done without a trustees anci their predecessors in office, without using a common seal, which would have

-s-Lk.-a*

ACADEMIES. 1819. 29

—

been considered legal and binding under the sanction of a common seal, shall be, and
they are hereby declared as virtual and efficacious as though they had been executed
under a common seal.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 21st December, 1819.

JOHN CLARK, Governor.

AN ACT No§ 29.

Appropriating the fines and forfeitures arising from criminal prosecutions in the
Counties of Morgan, Greene, and Wilkes, to the use and benefit of the Acade-
mies of said Counties.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

same, That from and after the passage of this act, that all fines and forfeitures, arising Certain fines
r . i • • i • t r i <- • anc* forfeitures

trom prosecutions on the criminal side ol the courts ol said counties, and also all other vested in the

forfeitures arising from violations of the penal statutes of this state, within said counties, demies of0*"
be and the same are hereby vested in the commissioners of the academies at the court- Morgan»<Green
houses in said counties, and directed to be paid over accordingly, to be applied to the counties-,
use and benefit of said academies : Provided, that from said fines and forfeitures be re-
tained all costs arising in the prosecution and collection thereof.

Sect. 2. And be it further enacted by the authority aforesaid, That all laws, militating Repealing

against this act, be and the same are hereby repealed. '

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 21st December, 1819.

JOHN CLARK, Governor.

clause.

[ 30 ]

ACTIONS, LIMITATIONS OF. 1813.

No. 30.

AN ACT

To amend an Act, entitled "An Act for the limitation of Actions, and for avoiding

Suits at Law"

preamble. WHEREAS divers persons, during the time this state was a British province, ob-

tained grants for lands within the same, and during the Revolutionary War, and at the
expiration thereof, fled from this state, and who never resided therein ; And whereas
divers persons, good citizens of this state, haver since the revolution, unknowingly sur-
veyed and obtained grants for all or a large part of many of the aforesaid old surveys,
or who have become purchasers, and have settled, cultivated and greatly improved the
same, defending and supporting this state ; and reason and justice requires that they
should not be disturbed in their possessions at this late period — for remedy whereof ;

Claimants of
lands, under
grants made
prior to the
Revolution,
who never re-
sided in the
province, or
who fled from

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That no person or persons, claiming any lands, tenements or hereditaments, by virtue of
any grant or grants, prior to the revolutionary war, and who never resided in said pro-
vince, or who fled from this state during that struggle, and who did not return to this
state within twenty-one years after the treaty of peace with Great Britain, which was in
the year seventeen hundred and eighty-three, to make entry thereon, settle and cultivate
the state, dur- the same, or any part thereof, shall, either he, she or they, or any person or persons
gle,anddidnot claiming under him, her or them, hereafter recover any such parts thereof, as may have
21 "ears after ^een sinc^ granted, from any person or persons, who has or have since the revolution
H^U)eace °f obtained a grant or grants, settled or cultivated the same, or any part thereof, for the
entry, &c. shall term of seven years, in peaceable possession ; nor from any person or persons claiming
any one claim- under such young title as aforesaid, where there has been an adverse possession for the

them) recover af°resaid term of seven years.

any parts

thereof, which may have been since granted from any one, who since the revolution obtained a grant, settled or cultivated the

same, &.c. for 7 years, in peaceable possession. Nor from any one claiming under such young title, where there has been 7

years adverse possession.

ACTIONS, LIMITATIONS OF. 1813.

Sect. 2. And be it further enacted by the authority aforesaid, That no saving or ex-
ception in any statute of limitations in this state, providing for the claims of persons re-
sident beyond seas, shall operate or be so construed as to benefit any persons whose
grants have issued prior to the Revolutionary War, and who are now subjects of the
crown of Great Britain, or other foreign nation.

Sect. 3. And be it further enacted by the authority aforesaid, That nothing in this act
contained shall affect, or be construed to affect, any lands belonging to, or that ever did
belong to, any person or persons, named in the act of confiscation and banishment or bill
of attainder, or any right which this state has to confiscated lands, or any right
which any citizen of the United States, or citizen of this state, may have to any of said
lands.

Nosavinginthe

statute of limi-

tations to ope-

rate in favour

of any persons,

* 2

whose grants,

issued prior to

the revolution,

and who are

now subjects

of any foreign

nation.

This act not to

affect certain

lands and

rights, herein

specified.

Assented to, 2d December, 1813.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor.

AN ACT

No. 31

Amendatory to, and explanatory of the Statute of Limitations in this state, passed
the 1th of December, ISO 5, so far as it regards Idiots, Lunatics* and Infants.

WHEREAS many evils and inconveniences may arise from the construction given Preamble,
to the before recited act, by which the savings- and exceptions in favour of idiots, luna-
tics and infants, mentioned in said act, are totally defeated, and manifest injustice done
thereby ;

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That from and after the passage of this act, that no court of justice in this statute of li-
state, before whom the plea of the statute of limitations may be relied on, or plead by J^nsuiedwSh
any defendant or defendants, shall be permitted to construe said acts against idiots, lu- >eS^'(] JJ'^1"

OX.O5 iU-IltltlOo)

natics or infants, as heretofore construed; but said statute of limitations, when it has and infants.

ACTIONS, LIMITATIONS OF. 1817.

commenced running, shall not so operate as to defeat the interest acquired by idiots,
lunatics or infants, after its commencement, but the operation of said statute shall cease
until the disability or disabilities of such persons are removed, or from the time of the
arrival of such infant to the age of twenty-one years, any law, custom or usage to the
contrary notwithstanding.

Persons resid-
ing out of the
state, not enti-
tled to any
right, privi-
lege, or ex-
emption, not
enjoyed by ci-
tizens resident
in the state.

Sect. 2. And be it further enacted, That no proviso or part of the above recited
act, or any other part or parts of any statute of limitations, which are or heretofore
have been of force in this state, shall be so construed as to grant any privilege, right or
exemption, to any person or persons who may reside in either of the United States, or
the territories thereof, or beyond seas, or elsewhere, other than those enjoyed by the ci-
tizens resident within the limits of this state.

Assented to, 18th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House Mti^lepresentatives ,

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor,

[ 33 ]

ALLEVIATING LAWS.

AN ACT*

To alleviate the condition of Debtors.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia in General Assembly met, and it is enacted by the authority of the same, That No civil pr«-

cess to issue
from and after the thirtieth day of the present month, November, it shall not be lawful after the 30th

for any civil officer of the state to issue any civil precept or process whatsoever, during ° ovem er'

the continuation of this act, except as hereinafter excepted.

Sect. 2. And be it further enacted, That it shall not be lawful for any sheriff, de-
puty sheriff, coroner or constable, or other civil officer, during the continuation of this
act, to serve any civil writ, warrant, precept or process, whatsoever, except as herein-
after excepted, or to levy any execution, ca. sa. or any other process whatever, which
has heretofore issued, or may hereafter issue, against the person or property of any per-
son or persons whatever, or make any sales by virtue of any execution now in his or
their possession, or that may hereafter come into his or their possession, except such as
be founded on attachment, and such as are hereinafter excepted.

No civil pro-
cess to be
served.

Executions
not to be le-
vied.

No sales to be
made by vir-
tue thereof.

Exception.

Sect. 3. And be it further enacted, That the treasurer shall not proceed to collect The treasur-
from the purchasers of fractional surveys in the late land lotteries, by execution, the ceed°by°exe°
amount of any sum or sums which may be now due, or hereafter become due, during thSHroEw
the continuation of this act, except such purchasers of fractions who have removed, or of fracti°nal

surveys.
Exception,

See act of 1813, No. 33, supplementary to, and amendatory of this act. Both acts have expired.

SOULIER

ALLEVIATING LAWS. 1812.

(No. 32.) are about to remove without the state, and an oath to that effect is made by some one
or more credible witness or witnesses.

Sect. 4. And be it further enacted, That all persons shall be compelled to liquidate

liquidate their their accounts, if required so to do, and on refusing to comply, the creditor shall be at
accounts, and . "•"': ' .

in case of re- liberty to prosecute his debt to a judgment,
fusal, the cre-
ditor may prosecute his debt to judgment.

Statute of li-
mitations sus-
pended (ex-
cept as to
land) during
the continuance of this act

Sect. 5. And be it further enacted, That the act of limitation, now in force in this
state, shall cease to run, except as relates to real estate, for and during the time this
act shall continue in force.

Securities,
how relieved
in certain

cases,

Sect. 6. And be it further enacted, That where any person is now, or may hereafter
become security, on such security's making oath that he has just reason to believe that
the principal for whom he is or may be security, is about to squander Or make way with
his property, whereby such security conceives he would be compelled to pay such debt,
or a part thereof, that then and in that case, the principal shall be compelled to give
new security, which shall be approved of by the original security, otherwise the creditor
shall be compelled to proseeute his said debt to judgment, execution and sale of the de-
fendant's property, if required so to do by the original security, .and on refusal so to do,
the original security shall be exempt from the payment of the said debt.

A creditor Sect. 7. And be it further enacted, That where any creditor apprehends the loss of

hisysuit°toCUte ms debt? by his debtor being about to squander or waste his property, and shall make
judgment, on q^ tnereof., he shall be at liberty to prosecute his suit to a judgment,
that he apprehends the loss of his debt by his debtor's being about to squander or waste his property.

This act not
to extend to
any case for
the recovery
of taxes :
Or- revenue
due to the
state :

Or to Augusta,
Savannah, &c.
The Planters'
and Augusta
Banks ;
Or tonnes and
forfeitures :
Nor to cases
of rent, where
the tenant re-
fuses to give
possession.
Nor to prevent
he filing of bill

Sect. 8. And be it further enacted, That this law shall not be construed to extend
to any cases for the recovery of taxes, or revenue due, or to become due to the state or
to the cities of Savannah and Augusta, and. all other incorporate towns in the state, the
Planters' Bank of the State of Georgia, and the Augusta Bank, to forfeitures to the state
for torts and wrongs committed against the state, or to any fines, inflicted by the proper
authority, for neglect of duty ; nor to case of rent, where the tenant or tenants refuse to
give up possession, after the term or terms for which such premises were leased; nor to
prevent the .filing of bills in equity for discovery and relief, and to restrain fraud in the
execution or performance of contracts : Provided, that this act shall not extend to the
collection of tuition money now due, or which hereafter may become due to the univer-
sity, and to the academies in Chatham and Liberty, and all other academies and pri-
vate schools.
i inequity. Proviso, as to tuition money, of the university, he.

ALLEVIATING LAWS. 1812,

Sect. 9. And be it further enacted, That where any sheriff, coroner or constable, or (No. 32.)

other civil officer, may have heretofore levied on any property, or may hereafter levy on Property le-

J • i rr it -i vie& on shall

any property, real or personal, it shall be the duty of such officer to deliver up said be given up to

property to the defendant or defendants, on his, her or their giving security for the re- n his „iv. '

delivery thereof when called on, or for the eventual payment of the debt and costs ; and *ng security

where any property has been heretofore, or may hereafter be levied on, by virtue of any very, or for
. i / r •' the eventual

execution as aforesaid, and the defendant or defendants may have given, or may here- payment of

after give security for the delivery of the same, or for payment of the money, and it costs.

shall satisfactorily appear, by the oath of the plaintiff, his, her or their attorney or agent, When the

that the defendant, or his, her or their security or securities, has left, or is about to agent or attor-

leave the state or county, (except such as may be out in the service of their country,) oatl^that such

then and in that case, the said officer or officers are fully authorized to proceed, in the defendant, or

J y the security

usual way, as fully and effectually as if this law had never been passed : Provided ne- which he has

vertheless, that the defendant or defendants may stop the sale of their property, on or or is about to

before the day of sale, on payment of costs, and giving new security, and all such se- leave> tl^e state

curity shall be held and considered as special bail, and in all cases where bail is offered ceptsuchas

. ' may be in ser -

the party offering to become bail shall be required to justify. And where any person vice) the offi-

maybe in actual service, and their property is about being removed out of the county or ceedasifthis

state, his creditor shall be at liberty to proceed against the property of such person as !aw no^

pointed out by this act, against the property of absconding debtors, on such creditor's Proviso.

making oath, that he has just reason to believe such removal is actually about to take Sale mav be

stopped on
place, and that he apprehends the loss of his said debt, or some part thereof, by such paying costs

, and giving se-

removal. cur^

Security held
as special bail: Required to justify. In what way a creditor may proceed, when the property of a person in service is
about to be removed out of the county or state.

Sect. 10. And be it further enacted, That nothing in this act shall be so construed This act not to

prevent the
as to prevent the trial of the right of property, actions of ejectment or of trespass, ac- trial of the

tions of trover, actions of assault, menace and battery, wounding or imprisonment, or perty, norac-

any of them. tions of ej^ct-

J ■ ment, &c. &c.

Sect. 11. And be it further enacted by the authority aforesaid, That, where any she- Sheriffs and

other officers
riff, coroner, constable, attorney at law, or other officer, shall have received and col- compelled to

lected money by virtue of their office respectively, that they shall be compelled to pay n\Ys as hereto-
over the same, in the same manner they and each of them would have been compelled fore"
heretofore so to do.

Sect. 12. And be it further enacted, That any person, making oath that his, her or Attachments
their debtor is about to remove out of this state or any county, attachment shall be sran *
granted thereon, on giving bond and security agreeably to law ; the subsequent proceed-
ing shall be the same as is prescribed by the attachment law now in force in this state :

F 2

ALLEVIATING LAWS. 1812.

(No. 32.) Provided nevertheless, that the defendant may stop all further proceedings, either beforf

Proceedings or after judgment, by giving good freehold security for the debt and costs,
may be stop-
ped, by giving security for the debt and costs.

This act not to
extend to exe-
cutors, admi-
nistrators, &c.
who withhold
any money,
property, &c.
from the pro-
per benefit of
the legatees,
distributees or
orphans; or
who have ap-
plied the same
to their own
use.

Proviso.

Sect. 13. And be it further enacted, That the provisions of this act shall not extend
to any executor, administratrix, administrator or guardian, who has actually in his or
her hands, any money, property or papers, belonging to any legatees, distributees or
orphans, and withholds the same from the proper benefit and use of said legatees, distri-
butees or orphans, or where he, she or they have applied said money, property or pa-
pers to his or her own individual use, and not to the use of said legatees, distributees
or orphans : Provided nevertheless, that nothing in this act shall be so construed as to
prevent the issuing subpoenas and summonses, and summoning jurors and witnesses,
where the same may be necessary, for the hearing and determining cases which by this
law the courts are authorized to hear and determine.

Assented to, 27th November, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate

D. B. MITCHELL, Governor.

(No. 33.)

AN ACT*

Nothing in the
act of 1812
shall prevent
the Planters'
Bank or the
Bank of Au-
gusta from in-
stituting suits,
Sic.

Supplementary to, and amendatory of an act, entitled " An act to alleviate the
condition of debtors" passed the 21th November, 1812.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
nothing in the before recited act, shall operate to prevent the President and Directors
of the Planters' Bank of the State of Georgia, or the Bank of Augusta, from instituting
suit, or suits, and enforcing all contracts made with them, or either of them, in their cor-
porate capacity, in the same manner that they were authorized to do, before the passing
of said act.

* Expired-

. ■.. ^^g^gn^giggi

ALLEVIATING LAWS. 1813.

Sect. 2. And be it further enacted by the authority aforesaid, That actions upon the (No. 33.)
Is may in all cases, be brought, in thes;
act had not been passed, or had never had existence

case for words may in all cases, be brought, in the same manner as if the before recited ActK>ns<>nthe

case for words
may be
brought.

Sect. 3. And be it further enacted by the authority aforesaid, That in all cases of Where judg-

judgments heretofore obtained, or which may hereafter be obtained, or executions here- been or may

tofore issued, it shall and may be lawful for the plaintiff or plaintiffs in such judgments Q^ ^enTll

or executions, their agent or attorney, upon affidavit made that his debtor is removing: or cuti°nshave

. heretofore is-

abouc to remove, or has removed his, her or their property out of this state, or any sued, the

county thereof, to compel such debtor to give good and sufficient freehold security to making' affida-

such plaintiff, in a sum equal to the amount due on such judgment or execution ; and on debtoi^isre-

failure of such debtor to give such security, it shall be lawful for the plaintiff in those movi»g. or

1 about to re-

executions heretofore issued, to proceed therewith, and to cause the same to be levied move, or has

removed his
on the property of such defendant ; and in cases of judgments, where executions shall property out

not have issued, the clerk of the court where such judgment was obtained, or in cases countVmay01^

of judgments before Justices of the Peace, for such Justice to issue execution against compel him to
J ° , , . ° give security,

such debtor, which may be levied on the property of such debtor, in the same manner as If tlle <jebtor

if the before recited act had not been passed: Provided, that nothing herein contained fai1 .to Slve S€"

r ° cunty, the

shall operate to prevent the giving such security to the officer having such execution, at plaintiffs in

any time before the sale shall have actually taken place in virtue thereof ; and upon giv- tions hereto-

ing such security, the sheriff or officer holding such execution, shall stop further pro- may have6 his

ceedincrs, and shall return to the defendant or defendants all such property as shall have debtor's pro-
° ' r r j perty levied

been levied on by virtue of any such execution. on.

And in cases
of judgments where executions had not issued, they may issue and be levied, &c. on the property of such debtor. Pro-
viso. That security may be given, and the property restored.

Sect. 4. And be it further enacted by the authority aforesaid, That the provisions of
this act, or the one to which this is amendatory, shall not extend to any executor or
executrix, administrator or administratrix, or guardian, who has actually in his, or her
hands any money belonging to any legatees, distributees or orphans, and withholds the
same from the proper benefit and use of said legatees, distributees or orphans ; or where
he, she or they have applied said money to his, her or their own individual use, and not
to the use of said legatees, distributees or orphans : Provided nevertheless, that nothing
in this act, or the one to which this is amendatory, shall be so construed as to prevent
the issuing of subpoenas, summonses and commissions for taking depositions of wit-
nesses, and summoning jurors and witnesses, where the same may be necessary, for the
hearing and determining of cases, which by this act, and the one to which this is a sup-
plement, the courts of this state are authorized to hear and determine.

This act not to
extend to exe-
cutors, &c.
who withhold
any money,
&c. belonging
to distributees,
legatees or or-
phans, or who
have convert-
ed it to their
own use.

Proviso.

ALLEVIATING LAWS. 1813.

(No. 33.)

Bonds, &c.
given for ti-
tles to land,
may be sued
on.

Mortgages on
personal pro-
perty may be
foreclosed.

Proviso.

Sect. 5. And be it further enacted, That nothing contained in this act, or the act to
which this is amendatory, shall go to prevent the commencement and trial of suits on
bonds and obligations, or other instruments in writing given for titles to land.

Sect. 6. And be it further enacted, That nothing in the before recited act, shall ope-
rate to prevent the foreclosure of mortgages on personal estate : Provided, that any per-
son seeking to foreclose his mortgage, shall, at the time of making application for fore-
closure, make oath that the mortgagor is about to remove the property out of the state,
or any county of the state.

Creditors shall Sect. 7. And be it further enacted, That all persons, holding open accounts, such
andproveT creditor, before he shall call on his debtor for the liquidation of said accounts, in terms

their accounts Qf tne fourth section of an act to which this is an amendment, shall fairly draw off his

before they

can require account, prove the same before a Justice of the Peace, or some other officer of the

peace.

Sect. 8. And be it further enacted by the authority aforesaid, That so much of the
before recited act as militates against this act, be, and the same is hereby repealed.

their debtors
to liquidate
the same.

Repealing
clause.

Continuation Sect. 9. And be it further enacted, That this act, and so much of the act to which
of this act, &c. tn-g jg- amendatory, as be not repugnant to this act, shall be and continue in force until
the 25th day of December, 1814, and no longer.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 6th December, 1813.

PETER EARLY, Governor

ALLEVIATING LAWS. 1814,

AN ACT*

(No. 34.)

What remedy
may be adopt-
ed, when any
person shall
run out of this
state the pro-
perty of any
one deceased,

To authorize the several Courts of Equity in this State to grant remedies in certain
cases, and to regulate the Courts of Law and Equity in this state, and for afford-
ing temporary relief to the Soldiers, whilst in the service of this state, or of the
United States, and for other purposes. •

Sect. 1. BE it enacted by the Senate and- House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That where any person or persons has or shall run out of this state the property of a de-
ceased person or persons, to the injury of the orphans of said deceased, or to the injury
of the next of kin entitled to the same, it shall and may be lawful for the Judges of
the several Courts of Equity in this state, upon application, and the facts being stated
on oath made to the truth thereof, and also the property being described, and its value
sworn to by the person or persons entitled to said estate, his, her or their agent or at-
torney, to give the party a remedy, either by arresting the defendant or taking his pro-
perty, or both, as the court in its discretion shall deem necessary and proper : Pro-
vided ahvays, that the Judge granting the same shall take good security of the party,
his, her, or their agent or attorney, in double the amount sworn, to make good all costs
and damages the defendant shall sustain, if the plaintiff shall discontinue or be cast in
the said suit.

Sect. 2. And be it further enacted, That the defendant, if arrested, and his property The person

also, if taken, shall be discharged and returned to him, on his giving good security to of theTdefend-

perform the order and decree of the court. ant to be dis-

charged upon

his giving security to perform the order, &c of the court.

Proviso.

Sect. 3. And be it further enacted, That if the defendant fails, or neglects or refuses If the defend-
to give such security, the court may make such disposition of the property as in its d
cretion it shall deem most advantageous to the parties on both sides.

court shall
dispose of the
property as it may deem best.

Sect. 4. And be it further enacted, by the authority aforesaid^ That in all cases where Stay of execu-

" i- t- ii i r i "■ •;'■• V. ■, tionfortwelve

a verdict shall hereafter be rendered, and judgment entered and signed thereon, m any of months autho-

of the Superior or Inferior Courts of this state, the party against whom such judgment grated!
shall be so entered, may stay all further proceedings, by entering good and sufficient secu-
rity, either in open court or in the clerk's office, within ten days after the judgment of
said court, for the payment of the judgment and costs within twelve months from the

* See Act of 1815, No. 35, repealing the 4th, 5th, 6th, and 7th sections of this act.

i^i

■

ALLEVIATING LAWS. 1814.

(No. 34.) date of said judgment, and if such party shall not pay the same agreeably thereto, exe-
cution may issue against such party and the security, without any other proceedings
thereon.

The foregoing1 Sect. 5. And be it further enacted, That all parties against whom judgments are ren-
tended to par- dered, in any of the Justices' Courts in this state, shall be entitled to the benefits and
ties m Justices provisions of the foregoing section, upon their complying with the terms therein requir-
ed, by giving security to the Justices of the Peace.

No verdict to
be taken or
judgment en-
tered, against
any soldier or
officer, whilst
in service of
the state or
the United
States.

Continuance
in such cases
authorized.

The property
of such soldier
or officer not
to be levied on
or sold, whilst
in service, or
on his way to,
or returning
from rendez-
vous, or within
six months af-
ter his term of
service has ex=
pired.
Proviso.
Parties against
whom judg-
ments have al-
ready been ob-
tained,entitled
to the benefits
of the 4th sec-
tion of this
act, &c

Sect. 6. And be it further enacted, That it shall not be lawful for any of the Judges
of the Superior Courts, Justices of the Inferior Courts, or Justices of the Peace, in this
state, to suffer any verdicts to be rendered, or judgments entered or signed in any or
either of their said courts, against any soldier or officer of this state, whilst such soldier
or officer is in the service of this state, or of the United States ; but in all cases where it
shall be made satisfactorily to appear to any of the said courts, that either of the parties
to any case in either of their said courts depending, is in the service aforesaid, the same
shall be held, deemed and considered a good ground and sufficient cause of continuance
of said case, if either of said parties, their agent or attorney, choose to claim the same.
Nor shall any execution be levied on, or the property of any such soldier or officer be
sold, by virtue of any execution which has heretofore or may hereafter be issued against
him, whilst he is in the service aforesaid, or on his way to, or returning from the place
of rendezvous, or within six months after the expiration of the term of service of such
soldier: Provided, such soldier shall, within twenty days after the expiration of his term
of service, give security, as other persons are required to do by this act; nor shall any
civil process whatever be issued against any soldier or officer whilst in such service.

Sect. 7. And be it further enacted, That in all cases where judgment has already been
obtained in any of the courts aforesaid, the party against whom the same has been ob-
tained may, by complying with the terms contained in the 4th section of this act, claim
and receive the benefits and provisions of said section. And where execution has al-
ready issued, the officer in whose hands the same may be, shall be bound to take the
security required, as directed in said section.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

JARED IRWIN,

President of the Senate, pro. tern,

Dissented to, by the Governor, 22d November, 1814.

ALLEVIATING LAWS. 1814. 4J

In the House of Representatives, 22d November, 1814: Repassed by a majority of (No. 34.)
two-thirds of the House, agreeably to the provisions of the Constitution.

BENJAMIN WHITAKER, Speaker.
Attest — A. S. Clayton, Clerk.

Repassed by two- thirds of the Senate, 23d November, 1814.

JARED IRWIN,

President of the Senate, pro. tern,

Attest — Will. Robertson, Secretary.

AN ACT (No. 35.)

To repeal the fourth, fifth, sixth and seventh sections of an Act, entitled An Act
to authorize the several Courts of Equity in this State, to grant remedies in cer-
tain cases, and for regulating the Courts of Law and Equity in this State, and
for affording temporary relief to the Soldiers, whilst in the service of this State
or of the United States, and for other purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted, That the fourth, fifth, sixth The 4th, 5th,

• • ^th and 7th

and seventh sections of the above recited act be, and the same are hereby repealed; sectionsofthe

Provided nevertheless, that nothing herein contained shall be so construed as to affect any peaje^

case or cases where executions have been stayed for twelve months in terms of said act, Proviso.

until such terms shall have expired.

Sect. 2. And be it further enacted, That the stay of execution authorized by the se- Thestayofex-
venth section of the before recited act was, in the opinion of this legislature, and of right r\zcd by the
ought to be held, deemed and considered, to be for twelve months from the date of the *?" se<-£edact

before recited act, and no longer. — And provided also, that nothing herein contained considered to

' ° . . be for 12 mo.

shall be so construed as to deprive the party holding the eldest judgment, where secu- from the date

of the £ict

rity has been given in terms of the before recited act, from claiming the proceeds of sales

holding the oldest judgment, where security has been given, entitled to money raised under a younger one.

ALLEVIATING LAWS. 1815.

(No. 35. ) made by virtue of any execution founded on a younger judgment, in the same manner
as if no such security had been given ; any law, usage, or rule of court, to the contrary
notwithstanding.

Assented to, 12th December, 1815,

BENJAMIN WHITAKER,

Speaker of the House of Representatives -.

WILLIAM RABUN,

President of the Senate,

D. B, MITCHELL, Governor,

C 43 ]

ALIENS.

AN ACT

To exempt from military duty certain individuals, not citizens of the United

States.

WHEREAS, it is deemed grievous and oppressive, that individuals, not citizens of Preamble,
the United States, and who are subjects of a foreign government, and only temporary
residents in this state, for commercial and other purposes, and who do not intend to
settle or reside in this state, or become citizens thereof, should be considered liable to
such military drafts, as may from time to time be made upon the militia of this state,
and particularly when such subjects belong to governments whose laws do not recog-
nise such military liability, or exact such military duties from the citizens of the United
States.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, That such individuals, subjects as aforesaid, of a foreign govern- Aliens exempt

x. it 1. j i i i i r n from military

ment, shall be, and they are hereby declared to be, exempted from all military duty drafts, and mi-

in the militia of this state, and from all military drafts which may hereafter be ltary uty>

made, any law to the contrary notwithstanding: Provided however, that this law Proviso,

shall not be construed or operate, as to extend to their liability to perform certain local

duties, within the several counties in which they reside, such as the repelling of local

invasions, extinguishing conflagrations, putting down insurrections, and. the like : And

provided also, that it shall not extend to such individuals, who are subjects or citizens Proviso,

G 2

44 ALIENS. 1818.

(No. 36.) of a foreign government or state, the laws of which said government or state do not
extend a similar and co-extensive exemption to the citizens of the United States.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818,

WILL IAM RABUN, Governor.

(No. 27. ) AN ACT

To prevent the introduction of passengers, who are Miens, into the port of Savan-
nah, during the months of July, August, September, and October.

WHEREAS, it has been the practice of masters of vessels to bring numbers of pas-
sengers, natives of foreign countries, into the port of Savannah, during the sickly-
months, thereby exposing to almost certain death individuals whose constitutions are
but illy adapted to the insalubrious climate of that city, and thereby subjects, the com-
munity to an onerous expense.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Masters of ves- That any master or commander of any ship or vessel arriving between the first of July

Sivannah'in S and the last day of October, inclusive, from a foreign country, or from any other part

wmpdfed"!©8 of the United States, who shall enter his vessel at the custom-house in the city of Sa-

report their vannan, shall, within twenty-four hours after such entry, make a report in writing, on
foreign pas- J '

senders. Gath, to the Mayor of said city, of the age, name, and occupation, of every person, who

shall have been brought as passenger in such ship or vessel on her last voyage, upon
Penalty. pain of forfeiting for every neglect or omission to make such report, the sum of se-

venty-five dollars for every alien, neglected to be so reported as aforesaid.

Masters bring- Sect. 2. And be it further enacted, That it shall" be lawful for the said Mayor, or in
seng'iCsh shall ™s sickness or absence, any person legally authorized to act in his place, to require

give bond and every such master of such ship or vessel, to be bound with two sufficient securities to
security to in- J- *■

demnify the tne Mayor and Aldermen of the city of Savannah, in such sums as the Mayor or such
Corporation, h , . . ,• r i

&c. tdrar.} ex- person so legally authorized as aforesaid, may think proper, not exceeding tnree nun-

mlybe^ur- dred dollars for each passenger, to indemnify and save harmless the said Mayor and

ALIENS. 1819.

Aldermen, and the commissioners of the poor-house and hospital, and their successors, (No. 37.)

from all and every expense and charge which shall or may be incurred for the mainte- red for their

support,incase

nance and support of any such person so introduced, and for the maintenance and sup- theyshould be-

port of the child or children of any such person which may be born after such importa- ab]e Gn the

tion, in case such person so imported, or any such child or children, shall at any time cltJ' Wlthm

within six months after the said importation become chargeable to the said city ; and if Penalty for

any such person so brought as aforesaid, and not being a citizen of the United States, passengfi?s to

shall be permitted or suffered to land within the said city from any such ship or vessel, |aml jb«°1*e

r j j r i bond given,

before such bond shall have been given, and without a permission in writing from the &c.
said Mayor, or person so legally authorized as aforesaid, the master or commander of
such ship or vessel shall be subject to the penalty of three hundred dollars for every
person so suffered or permitted to land as aforesaid.

Sect. 3. And, be it further enacted, That if any person who may have been a passen- if landed witk-

ger in any such ship or vessel, and not being a citizen of the United States, shall be ' fth Gjt &

suffered to land from such ship or vessel at any place within the distance of fifty miles what penalty.
from the said city, with intent to proceed to the said city, otherwise than in the said
ship or vessel, the master or commander thereof shall be liable to the like penalty of
three hundred dollars for every such person so suffered or permitted to land.

Sect. 4. And be it further enacted, That if any householder in said city shall, Householders
knowingly, entertain in his house or family, any alien so landed as aforesaid, and shall such Sen? to
not report such alien to the said Mayor, or in case of his sickness or absence, any per- rePortthem-
son legally authorized to officiate in his place, within twenty-four hours after such en-
tertainment commences, he or she shall forfeit and pay the sum of fifty dollars for every Penalty for not

!_■"' v i doing so.
such alien so entertained.

Sect. 5. And be it further enacted, That all and singular the said penalties and for- Penalties, by

c • ... . , , whom and

ieitures arising in said city, shall and may be sued for and recovered, with full costs of how recover-

suit, by action of debt in the Superior Court of this state, in the name of the said Mayor ed'

and Aldermen, and when recovered by them, shall be applied towards the support of the

poor of the said city, and the defendant in every such suit shall be held to special bail,

and upon every such trial for any penalty or forfeiture supposed to be incurred by the

landing of any such persons as aforesaid within the said city, the same landing shall be

presumed, unless the defendant shall prove that the said person was taken or sent to

some foreign country, without having been suffered to land as aforesaid.

Sect. 6. And be it further enacted, That it shall be lawful for the said Mayor and Mayor, &c.

Aldermen to compound for the said penalties and forfeitures or any of them, either be- pound for pe-
nalties.

46 ALIENS. 1819.

(No. 3T.) fore or after suing for the same, upon such terms as the circumstances of the defendant
or of the case may in their judgment require.

Vessel liable Sect. 7. And be it further enacted, That every ship or vessel from which such alien

to be attached g^^j nave been so landed, without permission in writing from the said Mayor or person

unless certain 1 r ° J r

securities be so legally authorized as aforesaid in his place, shall be liable for the said penalties, and
given. m . . .

may be proceeded against by attachment, or any other mode in similar cases allowed by

law ; unless the owner thereof or their agents shall give bond, with sufficient sureties, to
the sheriff or his deputy, in the name of the Mayor and Aldermen, for the payment of
the said penalties, and every of them which may have been incurred during or since the
last voyage of the said ship or vessel, or for paying the value of such ship or vessel to-
wards the satisfaction of such penalties as may have been so incurred by suffering any
alien to land as aforesaid, and such value shall be ascertained by the wardens of the
port of Savannah, or any two of them.

How this law Sect. 8. And be it further enacted, That it shall be the duty of the corporation of
tised before it Savannah to advertise this law in one or more gazettes of all the sea-port towns in this
shall operate. state, for the information of all those who may be concerned, at least three months be-
fore this law shall go into effect.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 22d December, 1819.

JOHN CLARK, Governor.

[ 47 ]

APPROPRIATION ACTS.

AN ACT 1811.

To appropriate Money for the political year 1812. (No. 38.)

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted, That the sum of sixteen Contingent
thousand dollars be, and the same is hereby appropriated as a contingent fund, subject
to the orders of the Governor.

Sect. 2. And be it further enacted, That the sum of two thousand dollars per annum Salary of the
be, and the same is hereby appropriated, for the Governor's salary ; to the Secretaries of His Secreta-
the Executive Department, (not exceeding two,) five hundred dollars each ; to the Secre- secretary of

tary of State, two hundred dollars ; the Treasurer, twelve hundred dollars ; the Sur- State.

J Treasurer.

veyor General, two hundred dollars; the Comptroller General, six hundred dollars ; Surveyor

the Clerk of the House of Representatives, three hundred dollars ; the Secretary, of Se- Comptroller

nate, three hundred dollars ; the said clerk and secretary to be responsible for the books cfJJ^of the

and papers belonging to their respective offices, unavoidable casualties excepted ; the House of Re-

r ' x presentatives,

Judges of the Superior Courts, fourteen hundred dollars each ; the Attorney General and Secretary

and three Solicitors General, one hundred and fifty dollars each ; which said several judges of the

sums of money shall be, and they are hereby appropriated for their use, to be paid quar- courts^

ter-yearly, by warrant from the Governor on the Treasurer, out of any monies not Attorney and
. . . J Solicitors

otherwise specially appropriated. General,

Sect. 3. And be it further enacted, That for the compensation of the Members of Pay of mem-
the House of Representatives and Senate, three dollars each per day, during their at- legislature.
tendance, and the sum of three dollars for every twenty miles in coming to, and return-
ing from, the seat of government ; and the sum of four dollars per day to the President President and

Speaker.
of the Senate and the Speaker of the House of Representatives during their attendance,

APPROPRIATION ACTS. 1811.

(No. 38.) and the sum of three dollars each, for every twenty miles in coming to and returning

Clerk and from the seat of government ; to the Clerk of the House of Representatives and Se-
Secretary.

cretary of the Senate, during the sitting of the Legislature, four dollars each per day ;

Assistant and and the sum of sixty dollars each, for contingent expenses ; to the two engrossing

engrossing

Clerks. Clerks, and one assistant Clerk to the House of Representatives, and two engrossing

Clerks of Clerks to the Senate, four dollars per dav each ; to William Dowsing;, Clerk to the corn-

Committees. m ; r J &'

mittee on finance, sixty dollars ; to Watson Porter, Clerk to the committee on the state

Messengers 0f tne Republic, the sum of sixty dollars ; to the Messengers and Doorkeepers to both

keepers. branches of the Legislature, the sum of three dollars each per day; to the Adjutant

Adjutant Ge- General, twelve hundred dollars per annum, to be paid monthly ; to Frederick Freeman,

neral. Clerk to the committee on the criminal code, forty dollars; to Dennis L. Ryan, thirty

dollars for printing 125 copies of the report of the committee on the penal code ; the

Appropriation sum of ten thousand dollars be, and the same is hereby appropriated, to commence the

for a Peniten- ..

tiary edifice; rearing of a Penitentiary edifice; the sum of fifty thousand dollars be, and the same is

And for shares hereby appropriated, for taking up the State's shares in the Bank of Augusta, agreeably
Bank. to a concurred resolution, to.be under the direction of the Governor; to the State Corn-

Individual ap- missioners, as per account rendered, one hundred and twenty-nine dollars ; to Peter
Farr, for winding up the clock, keeping clean the staircases, passages, &c. sixty dollars;
to Alexander Greene, eighty dollars, for airing, scouring, and taking care of the State
House, the desks and carpets, in the recess of the Legislature, and making fires on wet
days ; the sum of twenty-five dollars to Nathaniel Twining, for distributing the Laws
and Journals in several counties in the year 1805, agreeably to a concurred resolution;
to William Lumkin, five dollars thirty-one and one-fourth cents, for taking the census
of Oglethorpe county, there being a mistake to that amount in the appropriation of last
year; to Obadiah Crawford, Stokely Morgan, and William Jourdan, commissioners for
valuing the State House, at and after the rate of five. dollars per day, while on duty at
the seat of government, and the further sum of five dollars for every thirty miles in
coming to and returning from the same ; to Edmund B. Jenkins, the sum of five hun-
dred dollars, agreeably to a concurred resolution of the present session : Which said
several sums shall be, and the same are hereby appropriated out of any monies which
now are, or. may hereafter come into the treasury, not otherwise heretofore appropriated.

ROBERT IVERSON,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate,

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

APPROPRIATION ACTS. 1812. 49

AN ACT CNo« 390

To appropriate money for the political year 1813.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met , and it is hereby enacted by the authority of the same, That Contingent
the sum of sixteen thousand dollars be, and the same is hereby appropriated as a contin-
gent fund, subject to the orders of the Governor.

Sect. 2. And be it further enacted, That the sum of two thousand dollars per annum Appropriation

be, and the same is hereby appropriated for the Governor's salary; to the Secretaries of vernor's sala-

the Executive Department, not exceeding two, five hundred dollars each; to the Secre- ry;

tary of State, two hundred dollars ; the Surveyor General, two hundred dollars ; the r;es.

Treasurer, twelve hundred dollars; the Comptroller General, six hundred dollars; the Secretary of

State.

Clerk of the House of Representatives, three hundred dollars; the Secretary of Senate, surveyor Ge-

three hundred dollars ; the said Clerk and Secretary to be responsible for the books and a '

Treasurer.
papers belonging to their respective offices, unavoidable casualties excepted; the Judges Comptroller

of the Superior Courts, fourteen hundred dollars each ; the Attorney General, and three enera •
Solicitors General, one hundred and fifty dollars each; which said several sums of House of Re-
money shall be, and they are hereby appropriated for their use, to be paid quarter-yearly, an? Secretary
by warrant from the Governor on the treasury, out of any monies not otherwise of Senate-

~~. . Judges.

specially appropriated. Attorney, and

Solicitors Ge-
neral.

Sect. 3. And be it further enacted, That for the compensation of the members of the pav of Mem-
House of Representatives and Senate, three dollars each per day during their attend- j^tnslature
ance, and the sum of three dollars for every twenty miles in coming to, and returning
from the seat of government; and the sum of four dollars per day to the President of President, and

Si 1") £* 3. lv G F

the Senate and the Speaker of the House of Representatives during their attendance,

and the sum of three dollars each for every twenty miles in coming to, and returning

from the seat of Government; to the Clerk of the House of Representatives and Secre- Clerk and

tary of Senate, during the sitting of the Legislature, four dollars each per day, and the

sum of sixty dollars for contingent expenses ; to the two engrossing Clerks, and one as- Assistant and

sistant Clerk to the House of Representatives, and two engrossing Clerks to the Senate, clerks.

four dollars per day each ; to the Clerk of the committee on finance, sixty dollars ; to clerks of

the Clerk of the committee on the state of the Republic, the sum of sixty dollars; to

the Messengers and Doorkeepers to both branches of the Legislature, the sum of three Messengers

aiid Door-
dollars each per day; to the Adjutant General, twelve hundred dollars per annum, to keepers.

be paid quarter-yearly; the sum of thirty thousand dollars to be set apart as a fund for Qenerajo

APPROPRIATION ACTS. 1812.

military disbursements, to be drawn for by his excellency the Governor, as he may
think the public safety and expediency may require ; to James Rousseau, the sum of
fifty-four dollars, and the sum of one hundred and ninety-four dollars to William S.
Mitchell, in full for their services for attending and assisting in ascertaining the 35th
degree of north latitude; the sum of five thousand dollars to be applied under the direc-
tion of the Governor and commissioners of the Penitentiary, toward the rearing of the
said building; to Alexander Greene, the sum of eighty dollars, for keeping in order the
State House and furniture for one year; to Peter Fair, the sum of sixty dollars, for
winding up the clock, sweeping the lower floors, stairs, &c; the sum of one hundred
thousand dollars,. under the direction of his excellency the "Governor, to enable him to
subscribe for the shares reserved to the state, in the Planters' Bank of the State of
Georgia; to the board of state commissioners, for the town of Milledgeville, the sum of
seventy-five dollars; to John B. Barnes, brigade -major of the cavalry, one hundred
and fifty dollars, agreeably to a concurred resolution of both branches of the Legisla-
ture for services rendered; to E. B. Jenkins, three hundred and thirty-nine dollars,
agreeably to a concurred resolution: Which said several sums shall be paid out of any
monies now in, or which may hereafter come into the treasury, not otherwise specially
appropriated.

(No. 39.)

Military Fund.
Sums to Indi-
viduals.

Appropriation
for the Peni-
tentiary.

To Alexander
Greene, and
Peter Fair.

Appropriation
for shares in
the Planters'
Bank, &c.

To E. B. Jen-
kins.

Assented to, 10th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

(No. 40.)

AN ACT

To appropriate monies for the political year one thousand eight hundred

and fourteen.

Appropria-
tions for the
year 1814.

Salary of the
Governor.
His Secreta-
ries.

Secretary of
State,

APPROPRIATION ACTS. 1813s $±

hundred dollars; the Treasurer, twelve hundred dollars; the Surveyor General, two (No. 40.)

hundred dollars; the Comptroller General, six hundred dollars; the Clerk of the House _ sulel-

' r ' Surveyor Ge-

of Representatives, three hundred dollars; the Secretary of the Senate, three hundred neral.
dollars; th£ Judges of the Superior Courts, fourteen hundred dollars each; the Attorney General.

General and three Solicitors General, one hundred and fifty dollars each ; which said Clerk of the

House of Rep.
several sums shall be, and the same are hereby appropriated for their use, to be paid and Secretary

Ol SfMlSLlf*

quarter-yearly by warrant from the Governor on the Treasurer, out of any money not jll(j„es

specially otherwise appropriated. Attorney and

Solicitors
General;

Sect. 2. And be it further enacted. That the sum of sixteen thousand dollars be, and Contingent

. . . fund,

the same is hereby appropriated as a contingent fund, subject to the orders of the Go-
vernor. r

Sect. 3. And be it further enacted, That for the compensation of the members of lJay of mem-

the Legislature, three dollars each per day, during their attendance, be appropriated, and Legislature.

the sum of three dollars for every twenty miles in coming to, and returning from the

seat of government ; and the sum' of four dollars each per day to the President of the President and

Senate, and Speaker of the House of Representatives, during their attendance ; and the

sum of three dollars each for every twenty miles their coming to, and returning from

the seat of government ; to the Clerk of the House of Representatives, and Secretary Clerk and

of the Senate, during the sitting of the Legislature, four dollars each per day, and the

sum of sixty dollars for contingent expenses, &c. ; to the two* engrossing Clerks, and Engrossing

Clerks, &c.
one assistant Clerk to the House of Representatives, and two engrossing Clerks to the

Senate, four dollars per day each ; to the Clerk to the committee on finance, and to the Clerks to
^i i c i • i r i t-» i i -n/r Committees.

Clerk ol the committee On the state of the Republic, sixty dollars each ; to the Messen- MessenCrers

gers and Doorkeepers of the Legislature, three dollars per day each, during the session ; ^nd Door-
to the Adjutant General, one thousand dollars per annum, to be paid quarter-yearly ; Adjutant
the sum of fifty thousand dollars to be set apart as a fund for military disbursements, M-r 'f ,
to be drawn for by his excellency the Governor, as he may think the public safety and ex-
pediency may require ; to General Frederick Beall, the sum of fifty-six dollars and Sundry sums
twenty-five cents ; to colonel Magers Henderson, the sum of thirty-seven dollars and
eighty cents, agreeably to a concurred resolution of both Houses; to Alexander Greene,
eighty dollars, for airing, scouring and taking care of the State House, the desks and
carpets, in the recess of the Legislature, and making fires on wet days ; to Peter Fair,
sixty dollars, for winding up the clock, keeping clean the staircases, passages, &c.

Sect. 4. And be it further enacted, That the sum of twenty thousand dollars be, Appropriation
. . f°r tne Pay-

and the same is hereby appropriated for the payment of the sum which the Governor ment of a sum
has been authorized to borrow, by a concurrent resolution of the present Legislature ; efJ
provided the said sum has been, or should be borrowed.

52 APPROPRIATION ACTS. 181:

(No. 40.) Sect. 5. And be it further enacted, That his excellency the Governor be, and he is
thG°Ved^to nereDv authorized, should he find it necessary, to negotiate a loan with either the Bank

negotiate a 0f Augusta, or the Planters' Bank, for a sum not exceeding fifty thousand dollars, and

loan with the ° . .

Augusta or that the faith of the state be pledged for the repayment of this sum with ^e interest

Planters'

Bank. thereon.

Appropriation Sect. 6. And be it further enacted, That the sum of six thousand dollars be, and
in^thTreni- tne same *s hereby appropriated, toward the rearing and completing the Penitentiary
tentiary. building, to be drawn for by his excellency, as he may find it necessary ; to the Mayor

and Aldermen and Aldermen of the City of Savannah, the sum of three thousand and ninety-five

of Savannah.

dollars and seventy cents, agreeably to a concurred resolution.

Assented to, 6th December, 1813,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor.

(No, 41.) AN ACT

To appropriate a sum of money for the purpose of fortifying the City of Savan-
nah, the City of St. Mary's, and the several inlets situated between the
said cities.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.
Appropriation That a sum' not exceeding forty-five thousand dollars be, and the same is hereby appro-
Savannah ; priated to and for the purpose of purchasing the raw materials necessary for the defence
and fortification of the city of Savannah, and for the purchase of the necessary muni-
tions of war, and not by any means for the hire of labourers, in which sum shall be in-
cluded the amount heretofore advanced by his excellency the Governor for a like pur-
And St. pose. And that a further sum, not exceeding ten thousand dollars, be and the same is

hereby appropriated to and for the purpose of purchasing the raw materials necessary
for the defence and fortification of the city of St. Mary's, and for the purchase of the
A block -house necessary munitions of war, and not by any means for the hire of labourers. And that

"to be erected

on cumber- the further bum of one thousand dollars each be and the same is hereby appropriated to
land Island.

APPROPRIATION ACTS. 1814. 53

and for the purpose of erecting a block-house at the north end of Little Cumberland (No. 41.)

Island, one at the south end of St. Simons, one at the south end of Sappelo, one at the Jjg^jjfj

north end of Black Beard, one at the north end of St. Catharine's, one at the north St. Simons,

and other

end of Ossabau, and one at the south end of Wilmington Islands. places.

Sect. 2. And be it further enacted by the authority aforesaid, That his excellency the The Governor

_ , . r authorized to

Governor be and he is hereby authorized to draw out of the treasury ol this state, irom draWj and ap„

any monies not otherwise appropriated, the said several sums of money aforesaid, and P ? t^°^[

apply the same in the proportions and to the purposes aforesaid. » poses.

Sect. 3. And be it further enacted by the authority aforesaid, That the following per- Commission-

J t ers appointed

sons be and they are hereby appointed commissioners to receive and apply the several to receive and

sums herein appropriated to the several purposes above stated, viz. — For the city of s^ms afore-

Savannah and county of Chatham, Messrs. Joseph Habersham, Charles Harris, George s
Jones, James Johnston, and John Bolton, or a majority of them ; for the city of St.
Mary's, Messrs. William Scott, Charles Floyd, John Hardy, William Gibson, and Da-
vid Lewis ; for the county of Bryan, Col. John Pray, Major Lee Blacksil, and George
M. Waters ; for the county of Liberty, General D. Stewart, John Stevens, William
Fleming, John Eliott, and Joseph Law ; for the county of McIntosh, Major Francis
Hopkins, James Nephew, and Thomas Spalding"; and for the county of Glynn, Major
William Page, John Cooper, and Leighton Wilson ; and that the several sums, in the
proportions and for the purposes contemplated in this law, be drawn for by warrant on
the treasury, by his excellency the Governor, in their favor, so soon as they shall have

given bond and security for the faithful performance of their duty in applying the same Who shall

p'ive bond and

for the purposes contemplated by this law ; and on receiving the same, shall render half- security for

yearly a just and true account of the expenditure of the same, to his excellency the performance

Governor for the time being. Provided nevertheless, that in case any of the commis- of tneir duty,

sioners herein named, shall refuse to accept, or comply with the requisitions herein con- Proviso.

tained, his excellency the Governor is hereby authorized and required to appoint other

fit and proper persons in their stead under like restrictions.

Sect. 4. And be it further enacted by the authority aforesaid, That his excellency the The Governor

Governor shall be, and he is hereby authorized to effect a loan'of what money he may effect a loan.

APPROPRIATION ACTS. 1814.

(No. 41.) deem advisable for the purposes aforesaid, in the event of there being a deficiency in
the treasury.

BENJAMIN WHITAKER,

Speaker of the House, of Representatives.

JARED IRWIN,

President of the Senate, pro tern.

Assented to, 9th November, 1814

PETER EARLY, Governor.

(No. 42.)

AN ACT

To appropriate monies for the political year owe thousand eight hundred and

fifteen.

Appropria-
tions for the
year 1815.

Salary of the
Governor.
His Secreta-
ries.

Secretary of
State and
Treasurer.
Surveyor Gen.
Comptroller
General.
Clerk of the
House of Rep.
and Secretary
of Senate.
Judges.
Attorney and
Solicitors
General.

Contingent
fund.

Sect. 1. BE it enacted by the Senate and House' of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That for the support of government for the political year one thousand eight
hundred and fifteen, the following sums of money be, and the same are hereby appro-
priated, viz.

The salary of the Governor shall be two thousand dollars per annum ; Secretaries of
the Executive Department, not exceeding two, five hundred dollars each; the Secretary
of State, two hundred dollars ; the Treasurer, twelve hundred dollars ; the Surveyor
General, two hundred dollars ; the Comptroller General six hundred dollars ; the Clerk
of the House of Representatives and Secretary of the Senate, three hundred dollars
each ; the Judges of the Superior Courts, fourteen hundred dollars each ; the Attorney
General and three Solicitors General, one hundred and fifty dollars each; which said
several sums shall be, and the same are hereby appropriated for their use, to be paid
quarter-yearly, by warrant from the Governor on the Treasurer, out of any money not
otherwise specially appropriated.

Sect. 2. And be it further enacted, That the sum of twenty thousand dollars be,
and the same is hereby appropriated, as a contingent fund, subject to the orders of the
Governor.

Pay of mem- Sect. 3. And be it further enacted, That for the compensation of the members of the

Legislature. Legislature, three dollars each per day during their attendance be appropriated, and the

sum of three dollars for every twenty miles in coming to and returning from the seat

APPROPRIATION ACTS. 1814. 55

of government ; and the sum of four dollars each per day to the President of the Se- (No. 42.)

nate and Speaker of the House of Representatives, during their attendance, and the sum President and

of three dollars each for every twenty miles in coming to and returning from the seat

of government ; to the Clerk of the House of Representatives, and Secretary of the clerk and

Senate, during the sitting of the Legislature, four dollars each per day, and the sum of

sixty dollars for contingent expenses ; to the two engrossing Clerks, and one assistant Engrossing

Clerks &c
Clerk to the House of Representatives, and two engrossing Clerks to the Senate, four

dollars each per day ; to the Clerk of the committee on finance1, and to the Clerk of the Clerks to.the
committee on the state of the Republic, sixty dollars each ; to the Messengers and Door- Messengers &
keepers of the Legislature, three dollars per day each, during the session ; to the Ad- Doorkeepers,
jutant General, twelve hundred dollars per annum, to be paid quarter-yearly; and the General,
sum of fifty thousand dollars to be set apart as a fund for military disbursements, to Military fund
be drawn for by his excellency the Governor, as he may think the public safety and ex-
pedience may require ; to Alexander Greene, eighty dollars, for airine\ scouring:, and Sundry sums
1 y °7 °' to individuals,
taking care of the State House, the desks and carpets, in the recess of the Legislature,

and making fires on wet days, &c. ; to Peter Fair, sixty dollars, for winding up the
clock, keeping clean the staircases, passages, &c. ; to John M. Patrick, the sum of
eighty dollars, agreeably to a concurred and approved resolution.

Sect. 4. And be it further enacted, That the sum of ten thousand dollars be, and the Appropriation

1 1 • t ii i i -r» . .. .. f°r the Peni-

same is hereby appropriated toward the completing the Penitentiary building, to be tentiary edi-

drawn by his excellency as he may find necessary.

Sect. 5. And be it further enacted, That the sum of twenty thousand dollars be, and A sum appro-

1 •11 r t ■ f . priated for the

the same is hereby appropriated tor the repayment of that sum which his excellency the repayment of

Governor has been authorized to borrow from the banks of this state ; to be advanced th^Gov^rnor

to the Quarter Master's Department on account of the United States, by a concurred is author?zed

7 J to negotiate .

resolution of both Houses of the present Legislature; Provided,he should find itneces- proviso.

sary to negotiate a loan in pursuance 6T said resolution.

Sect. 6. And be it further enacted, That the sum of fourteen dollars and thirty Sundry appro-
cents be appropriated to Seth Williams, fifteen dollars and thirty cents to Robert Kelly, Kvlduah;0
and six dollars and eighty cents to James Draughda, in full compensation for their seve-
ral services in riding as expresses ; and that the sum of one hundred and thirty-six
dollars, seventeen and a half cents, be, and the same is hereby ordered'to be repaid to
Johnson and Kunzie, that amount being overpaid by them in discharging their taxes to
the state ; to Captain David Clark, two hundred and ten dollars, being the amount ad-
vanced by him for the purchase of a field-piece for the Jefferson County Artillery ;
Provided, that the said piece shall be the property of the state, and subject to the re-
quisitions of the commander in chief.

APPROPRIATION ACTS. 18U.

(No. 42.) Sect. 7. And be it further enacted, That the sum of one hundred and seventy thou-

g 170,000 ap- sand dollars be, and the same is hereby set apart, subject to the draft of his excellency

propriated for ... .

the settlement the Governor, to enable him to discount and settle the direct tax of this state, agree-

tax. ably to a concurred resolution of both branches of the Legislature, with such discount

as the general government may propose.

Assented to, 22d November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro. tern.

PETER EARLY, Governor.

(No. 43.)

AN ACT

To appropriate monies for the political year one thousand eight hundred

and sixteen.

Appropria-
tions for the
year 1816.

For the sala-
ry of the Go-
vernor.
His Secreta-
ries.

Secretary of
State.
Treasurer.
Surveyor
General.
Comptroller
Genei-al.
Clerk of the
House of Re-
presentatives,
and Secretary
ot the Senate.
Judges.
Attorney and

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
for the support of government for the political year one thousand eight hundred and
sixteen, the following sums of money be, and the same are hereby appropriated, viz:
The salary of the Governor shall be two thousand dollars per annum; Secretaries of the
Executive Department, not exceeding two, five hundred dollars each; the Secretary of
State, two hundred dollars; the Treasurer, twelve hundred dollars; the Surveyor
General, five hundred dollars; the Comptroller General, six hundred dollars; the Clerk
of the House of Representatives, three hundred dollars ; the Secretary of the Senate,
three hundred dollars; the Judges of the Superior Courts, fourteen hundred dollars
each; the Attorney General and three Solicitors General, one hundred and fifty dollars
each : Which said several sums, shall be, and the same are hereby appropriated for their
use, to be paid quarter-yearly, by warrant from the Governor on the Treasurer, out
of any money not specially appropriated.
Solicitors General.

Contingent
Fund.

Sect. 2. And be it further enacted, That the sum of sixteen thousand dollars be, and
the same is hereby appropriated as a contingent fund, subject to the orders of the Go-
vernor.

APPROPRIATION ACTS. 1815.

Sect. 3. And be it further enacted, That for the compensation of the members of the (No. 43.)

Legislature, three dollars per day during their attendance be appropriated, and the sum ?a^,°^em"

of three dollars for every twenty miles in coming to and returning from the seat of Legislature.

government; and. the sum of four dollars each per day to the President of the Senate and President and

r r, • i • i • r Speaker.

Speaker of the House of Representatives, during their attendance ; and the sum of three

dollars each for every twenty miles m coming to and returning from the seat of go-
vernment; to the Clerk of the House of Representatives, and Secretary of the Senate, Clerk and
during the sitting of the Legislature, four dollars each per day ; and the sum of sixty

dollars for contingent expenses, &c; to the two engrossing Clerks, and one assistant Engrossing

• • r Clerks 8cc

Clerk to the House of Representatives, and two engrossing Clerks to the Senate, four '

dollars per day each ; to the Clerk of the committee on finance, and to the Clerk of the clerks of

committee on the state of the Republic, sixty dollars each; to the Messengers and Door- Messengers'

keepers of the Legislature,* three dollars per day each, during the session ; to the Adjutant £nci Door-

General, twelve hundred dollars per annum, to be paid quarter-yearly ; the sum of fifteen Adjutant

r r ■ ' -t ■ i- General,

thousand dollars to be set apart as a fund for military disbursements, to be drawn for Military Fund.

by his excellency the Governor, as he may think the public safety and expedience may
require; to Alexander Greene, eighty dollars, for airing, scouring and taking care of the To Alexander
State House, the desks and carpets, in the recess of the Legislature, and making fires on peter Fair,
wet days ; to Peter Fair, eighty dollars for winding up the clock, keeping clean the stair-
cases, passages, &c. . . -

Sect. 4. And be it further enacted. That the sum of one hundred dollars be appro- glOOforthe

priated for the relief of Elijah Swan, of Lincoln county, agreeably to a concurred reso- swan.

lution ; and that twenty dollars be appropriated as a compensation to W. Y. Hansell, for g20 to the
...... ...'. • - Clerk of the

acting as Clerk to the joint military committee. j0int military

• . committee.

Sect. 5. And be it further enacted, That the sum of fifty dollars be appropriated to g>50toWm.
William Stroud, agreeably to a concurred resolution ; and the sum of twenty-five thou- $§25,000 for
sand dollars for completing the Penitentiary edifice, agreeably to a concurred resolution, th^re^n'tefi-
subject to be drawn for as the exigencies of the institution may require; the sum of one tiary-
hundred and ninety-five dollars, eighty-five cents, to James Patterson ; fifty dollars to Sundry sums
Nancy Houghton; and one hundred dollars each to Joel Dixon and Wm. Booth, agree-
ably to concurred resolutions; to John H. Mann, Clerk of Richmond Superior Court,
the sum of s"even dollars, for copying the decision of the Judges of the Superior Courts,
which Was made at Augusta, on the 13th day of January last; to Daniel Newnan, the
sum of five hundred dollars, to be written off his bonds to the state for fractional sur-
veys, agreeably to a concurred resolution.

Sect. 6. And be it further enacted, That the sum of one hundred and eighty-five g 185,000 set

s L - > apart for the

thousand dollars, or so much as will enable his excellency the Governor to settle the settlement of

APPROPRIATION ACTS. 1815.

(No. 43.) direct tax, be, and the same is hereby set apart and appropriated for that purpose, to

the direct be paid out of the debt due by the United States to the state of Georgia, for her

to Wm western lands ; and that the further sum of fifty dollars be appropriated to William

Stroud. Stroud-

tax

glOO to the Sect. 7. And be it further enacted, That the sum of one hundred dollars be, and the

widow and or- t m . .

phans of Mat- same is hereby appropriated to and for the temporary relief of the widow and orphans

kgj. ' of Matthew G. Parker, who was killed at the battle of Autossee.

Appropriation
for the pur-
chase often
field-pieces,
&c.

Sect. 8. And be it further enacted, That the sum of twenty-five thousand dollars,
out of the sum due and owing this state by the United States for the sale of western
lands, be, and the same is hereby set apart, out of which his excellency the Governor
is hereby authorized to contract with the general government for ten brass six pound
field-pieces, and fifteen hundred muskets, bayonets, cartouch boxes, &c. &c.

Assented to, 16th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

[No. 44.)

AN ACT

To appropriate monies for the political year one thousand eight hundred and

seventeen.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That for the support of government for the political year one thousand eight hun-
dred and seventeen, the following sums of money be, and the same are hereby appro-

For the salary Driated« viz : The salary of the Governor shall be two thousand dollars per annum : Se-
of the Govern- F ■ -

cretaries of the Executive Department, not exceeding two, five hundred dollars each ;

the Secretary of State, two hundred dollars ; the Treasurer, twelve hundred dollars ;
the Surveyor General, five hundred dollars ; the Comptroller General, six hundred dol-
lars ; the Clerk of the House of Representatives, three hundred dollars ; the Secretary

of the Senate, three hundred dollars ; the Judges of the Superior Courts, fourteen hun-
Surveyor Ge- ■ ° ..'*■■

neral. Comptroller General. Clerk of the House of Rep. and Secretary of the Senate. Judges.

Appropria-
tions for the
year 1817.

or.

His Secreta-
ries.

Secretary of
State.

Treasurer.

APPROPRIATION ACTS. 1816. 59

dred dollars each; the Attorney General, and three Solicitors General, one hundred (No. 44.)

and fifty dollars each ; which said several sums shall be, and they are hereby appro- g^S and

priated for their use, to be paid quarter-yearly, by warrant from the Governor on the General.
Treasurer, out of any monies not specially appropriated.

Sect. 2. And be it further enacted, That the sum of sixteen thousand dollars be, contingent
and the same is hereby appropriated as a contingent fund, subject to the orders of the und-
Governor. - /

Sect. 3. And be it further enacted, That for the compensation of the members of the pay of mem-
Legislature, three dollars each per day during their attendance be appropriated, and J^ure.6
the sum of three dollars for every twenty miles in coming to and returning from the
seat of government ; and the sum of four dollars each per day, to the President of the president and
Senate and Speaker of the House of Representatives, during their attendance, and the sPeaker-
sum of three- dollars each for every twenty miles in coming to and returning from the
seat of government ; to the .Clerk of the House of Representatives and Secretary of the Clerk andSe-
Senate, during the sitting of the Legislature, four dollars each per day, and the sum of
sixty dollars each for contingent expenses, &c. ; to the two engrossing Clerks and one En^rossin^
assistant Clerk to the House of Representatives, and two engrossing Clerks to the Se- cler^s> &c«
nate, four dollars each per day; to ihc Clerk of the committee on finance, and the Clerks to conv

Clerk to the committee on the state of the Republic, sixty dollars each ; to the Messen-

- v Messengers

gers and Doorkeepers of the Legislature, three dollars per day each, during the ses- anddoorkeep

crs.
sion ; to the Adjutant General, twelve hundred dollars, to be paid quarter-yearly; the .,'. G

sum of fifteen thousand dollars to be set apart as a fund for military disbursements, to neral-

be drawn for by his excellency the Governor, as he may think the public safety and

expediency may require ; to Alexander Greene, eighty dollars for airing, scouring, and To Alexander

taking care of the State House, the desks and carpets, in the recess of the Legislature,

andmaking fires on wet days ; to Peter Fair, eighty dollars for winding up the clock, andPeterFair.

keeping clean the staircases, passages, &c. .

Sect. 4. . And be it further enacted. That the sum of one hundred thousand dollars, Appropriation

*" * 'foi* I'll p set tlfi-

or so much as will enable his excellency the Governor to settle the fourth direct tax, mentofthe
if required, be, and the same is hereby set apart and appropriated for that purpose, to 4th direct tax
be paid out of therdebt due by the United States to the state of Georgia, for her wes-
tern lands.

Sect. 5. And be it further enacted, That the sum of six hundred thousand dollars Appropriation

for tllC D21V-

be, and the same is hereby appropriated, for the purpose of paying the State's subscrip- ment of the

I 2 1 |fc*

APPROPRIATION ACTS. 1816.

tion to the Bank of the State of Georgia; and the sum of twenty-nine thousand dollars
for the purpose of completing that part of the Penitentiary already begun, and having
the same finished for the reception of convicts ; and the sum of three thousand dollars,
or so much thereof as may be necessary, to pay for the public printing during the political
year 1817, and the sum of two thousand two hundred dollars to pay Adam and Duy-
kinck, for printing and binding Clayton's Digest: and one hundred dollars to Joseph
Nichols of Putnam county, agreeably to a concurred resolution.

(No. 44.)

State's sub-
scription to
the State
Bank.

"§29,000 for-
completing'
the Peniten-
tiary.

Printing.

Adam and
Duykinck.

Appropriation
for the relief
of the widows
and orphans of
certain de-
ceased sol-
diers.

What to be
done by ap-
plicants.

Sect. 6. And be it further enacted, That the sum of ten thousand dollars be, and
the same is bereby appropriated and set apart, under the direction of his excellency the
Governor, to be equally divided between all the widows and children (say children un-
der fourteen years of age) of those persons, citizens of this state, who were killed or
died in the service of this state, or the United States, during the late war between the
United States and Great Britain and the Creek Indians ; — the applicants to produce a
certificate from the captain, if to be found, if not, by the next highest in command, un-
der whom the deceased person served, or two justices of the peace of the county, that
they were killed or died in the service, and an affidavit of credible witnesses of the
number of children, their age, &c. of each- deceased ;■ — the evidences to be laid before
his excellency- the Governor, on or before the first day of May next. Provided never-
theless, that not more than ten dollars be given to any one individual.

Appropriation
to enable the
Governor to
secure certain
shares in the
State Bank,
&c.

Sundry sums
to individuals.

Sect. 7. , And he it further enacted, That the sum of six thousand nine hundred
dollars be, and the same is hereby appropriated, under the direction of his excellency
the Governor, to enable him to secure the shares subscribed for in the Bank of Georgia,
by the commissioners of the Oconee navigation, and also to purchase one negro man.
Said shares to be inalienable by said commissioners, and at the disposition of the Gene-
ral Assembly, whenever they may think proper to resume the same, and convert it to
the improvement of the navigation of other rivers, agreeable to a concurred resolution.
Also, the sum of ten dollars two and a half cents to Wilson Williams, of Wilkinson
county, agreeable to a concurred resolution ; also, the sum of fifty dollars to William
Stroud, of Jasper county, agreeably to a concurred resolution of both branches of the
Legislature ; and the sum of twenty dollars to Abraham Mallet, sheriff of Effingham
county, agreeable to a concurred resolution.

Assented to, 19th December, 1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

D, B. MITCHELL, Governor

APPROPRIATION ACTS. 1817. 61

AN ACT (No- 450

To appropriate monies for the political year 1818.

..Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the

same That for the support of government for the political year one thousand eight Appropria-

' rr •>.■. ^ ' . tions for the

hundred and eighteen, the following sums of money be, and they are hereby appropn- year 1818.

priated, viz : The salary of his excellency the Governor shall be two thousand dollars Governor's

per annum ; Secretaries of the Executive Department, not exceeding two, eight hundred His Secreta-
- rics.

dollars each ; the Secretary of State, two hundred dollars ; the Treasurer, twelve hun- secretary of

dred dollars ; the Surveyor General, five hundred dollars ; the Comptroller General, Tourer.

eight hundred dollars ; the Clerk of the House of Representatives, four hundred dol- ^JJJjJJ*

lars ; the Secretary of Senate, four hundred dollars ; the Judges of the Superior Courts, Comptroller.

• . . _ Clerk of the

fourteen hundred dollars each ; the Attorney General and three Solicitors General, one House of Rep.

hundred and fifty dollars each ; which said several sums shall be, and they are hereby *J theSeSrtZ

appropriated, for their use, to be paid quarter-yearly, by warrant from the Governor on J^^e d

the Treasurer, out of any money not specially appropriated. Solicitors

Sect. 2. And be it further enacted, That the sum of thirty thousand dollars be, and Contingent

• • i_ fund,

the same is hereby appropriated and set apart as a contingent fund, subject to the orders

of the Governor.

Sect. 3. And be it further enacted, That for the compensation of the members of Pay of mem-

. . bers of the

the Legislature, three dollars each per day during their attendance be appropriated, and Legislature.

the sum of three dollars for every twenty miles in coming to and returning from the

seat of government ; and the sum of four dollars each per day, to the President of the President and

. . Speaker.

Senate, and Speaker of the House of Representatives, during their attendance, and the

sum of three dollars each for every twenty miles in coming to and returning from the

seat of government ; to the Clerk of the House of Representatives and Secretary of Clerk and
. r Secretary^

Senate, during the sitting of the Legislature, four dollars each per day, and the sum of

sixty dollars for contingent expenses each ; to the two engrossing Clerks, and an assis- Engrossing

V^lCrivS) CtC a

tant Clerk to the House of Representatives, and two engrossing Clerks to the Senate,
four dollars each per day ; to the Clerk of the committee on finance, and the Clerk to Klerks of
the committee on the state of the Republic, sixty dollars each ; to the Messengers and Messengers &
Doorkeepers of. the Legislature, three dollars per day each during the session ; to the
Adjutant General, twelve hundred dollars, to be paid quarter-yearly ; to Alexander Adjutant
Greene, one hundred dollars, for airing, scouring, and taking care of the State House, Alex. Greene;
desks, and carpets, in the recess of the Legislature, and making fires on wet days ; to

6"2

APPROPRIATION ACTS. 1817.

(No. 45.) Peter Fair, one hundred dollars, for winding up the clock, keeping clean the staircases,
And Peter passages, &c. ; to John G. Bird, Clerk to the joint committee on the penal code, adapted
to the penitentiary system, the sum of thirty-five dollars.

Appropriation
for taking the
4th census of
the state,

And for com-
pleting" the
Penitentiary.

Proviso.

Sect. 4. And be it further enacted, That the sum of four thousand two hundred dol-
lars be, and the same is hereby appropriated and set apart, as a fund for the purpose of
defraying the expense of taking the fourth census of this state, in terms of the consti-
tution ; and the sum of thirty thousand dollars be, and the same is hereby appropriated
for the completing the Penitentiary edifice and its appertenances ; and his excellency
the Governor is hereby authorized to draw warrants on the Treasurer for that amount,
whenever the same may be completed, or whenever the commissioners of the Peniten-
tiary shall signify to his excellency, that in their opinion it is proper to pay over to the
contractors said amount, in part or in whole : Provided, it shall satisfactorily appear to
the Governor, that the said work has been duly executed.

Appropria- Sect. 5. And be it further enacted, That the sum of ninety dollars be appropriated, to

Riley; William Riley, and the sum of eighty dollars to John Leslie, agreeably to a concurred

John Leslie; resoiution.

ft'
» Sect. 6. And be it further enacted, That the Clerk of the House of Representatives

And others. be, and he is hereby authorized to employ a clerk to enrol the penal code, and that he
be allowed thirty-five dollars for his services ; and the further sum of eight hundred
and seventy-five dollars to Henry and N. G. Robinson, agreeably to a concurred reso-
lution ; to William Stroud, of Jasper county, one hundred ^dollars as- a temporary relief;
to Joseph Nichols, of Putnam county, one hundred dollars ; and to Samuel Gibson one
hundred dollars.

Governor to
have certain
individuals
placed on the
pension list of
the general
government.

Sect. 7. And be it further enacted, That his excellency the Governor be requested to
cause the said William Stroud, Joseph Nichols, and Samuel Gibson, to be placed on the
pension list of the general government ; and all other persons in this state, similarly
situated, are requested to furnish his excellency the proper vouchers to enable him to
have them all placed on the pension list of the United States, and on failure so to do5
no further provision will be made for them.

Appropriation Sect. 8. And be it further enacted, That the sum of two thousand dollars be, and it is
for the rehef nereDy appropriated, subject to the drafts of his excellency the Governor, for the pur-

and orphans pose of affording relief to such widows and orphans of citizens of this state, who fell

of certain sol- . i • . r • - » *

diers. during the late war, as have not hitherto received the relief intended by the Legislature,

and the widows and orphans of such soldiers who may have died, after being discharged.,

APPROPRIATION ACTS. 1817,

from any disease or wounds they may have received or contracted while in service as (No. 45.)
aforesaid. . '

Sect. 9. And be it further enacted, Tnat the sum of forty dollars be appropriated to, Sundry sums
and in favour of, the widow and orphans of John Crawford ; and that the sum of twenty <jows an(j or„
dollars be appropriated to, and in favor of, the widow and orphans of Reuben Coffee ; Phans°
and that the sum of ten dollars be appropriated to, and in favor of, the widow of Jacob
Brown ; and that the sum of thirty dollars be appropriated to Milley Edwards and her
two children, the heirs and widow of Jacob Edwards, deceased : Provided nevertheless, Provi.se,
that no widow or orphan that has heretofore received any compensation, as such, under
any law, nor under any provision that may hereafter be made in favour of such widow
and orphans as have now been provided for, or who have heretofore received compen-
sation as such from this state. '

Sect. 10. And be it further enacted, That the sum of five thousand dollars be, and the Appropriation

same be appropriated, subject to the drafts of the Governor, for paying the officer and plmtYntifry6

the guard of the Penitentiary, and to defray the expense of bringing convicts to the fSerf&ei
Penitentiary.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor,

APPROPRIATION ACTS. 1818.

(No. 46.)

Appropria-
tions for the
year 1819.

Salary of* the
Governor.
His Secreta-
ries.

Secretary of
State.
Treasurer.
Surveyor
.General.
Jdlerk of the
House of Re-
presentatives
and Secretary
of the Senate.
Judges.
Attorney and
Solicitors Ge-
neral.

Contingent
fund.

AN ACT

To appropriate monies for the political year 1819.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geoi~~
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That for
the political year one thousand eight hundred and nineteen, the following sums of money
be, and the same are hereby appropriated, viz : The salary of his excellency the Gover-
nor, shall be two thousand dollars per annum ; Secretaries of the Governor, not exceeding-
two, one thousand dollars per annum ; the Secretary of State, two hundred dollars ; the
Treasurer, twelve hundred dollars ; the Surveyor General, five hundred dollars ; the Comp-
troller General, eight hundred dollars ; the Clerk of the House of Representatives, six
hundred dollars ; the Secretary of the Senate, six hundred dollars ; the Judges of the
Superior Courts, fourteen hundred dollars each ; the Attorney General and three Solici-
tors General, one hundred and fifty dollars each : Which said several sums shall be, and
they are hereby appropriated for their use, to be paid quarter-yearly by warrant from
the Governor on the Treasurer, out of any money not specially appropriated.

Sect. 2. And be it further enacted, That the sum of thirty thousand dollars be, and
the same is hereby appropriated and set apart as a contingent fund, and two hundred
thousand dollars as a land fund, subject to the orders of the Governor.

Pay of mem-
bers of the
Legislature.

President and
Speaker.

Clerk and Se-
cretary.

Engrossing
Clerks, &c.

Clerks of com-
mittees.
Messengers &
Door-keepers.
Adjutant Ge-
neral.
Alex. Greene;

Sect. 3. And be it further enacted, That for the compensation of the members of
the Legislature, five dollars each per day during their attendance be appropriated, and
the sum of five dollars for every twenty miles in coming to and going from the seat of
government ; and the sum of seven dollars each per day to the President of the Senate
and Speaker of the House of Representatives during their attendance, and the sum of
five dollars each for every twenty miles in coming to, and going from the seat of go-
vernment ; to the Clerk of the House of Representatives and Secretary of the Senate,
during the sitting of the Legislature, six dollars each per day, and the sum of sixty dol-
lars for contingent expenses each ; to the two engrossing Clerks and an assistant Clerk
in the House of Representatives, and two engrossing Clerks in the Senate, six dollars
each per day ; to the Clerk of the committee on finance, and the Clerk of the com-
mittee on the state of the Republic, eighty dollars each ; to the Messengers and Door-
keepers of the Legislature, five dollars each per day during the session ; to the Adju-
tant General, eighteen hundred dollars, to be paid quarter-yearly ; to Alexander Greene,
one hundred and twenty-five dollars, for airing, scouring, and taking care of the State
House, desks and carpets, in the recess of the Legislature, and making fires on wet days;

APPROPRIATION ACTS. 1818.

to Peter Fair, one hundred and twenty-five dollars for winding up the clock, keeping (No. 46.)
clean the staircases, passages, &c. An.d Peter

Sect. 4. And be it further enacted, That the sum of twenty-five thousand dollars g25000appro-
iii -Li <tri r •• •/- priated to the

be, and the same is hereby appropriated, for the completing of the Penitentiary edifice, Penitentiary.

and its appertenances, and his excellency the Governor is hereby authorized to draw

warrants on the treasury for that amount, whenever the same may be completed, or

whenever the commissioners of the Penitentiary shall signify to his excellency, that in

their opinion it is proper to pay over to the contractors said amount in part or in whole :

Provided, it shall satisfactorily appear to the Governor, that the said work has been duly Proviso.

executed ; the sum of one hundred dollars per year for each of the commissioners of

the Penitentiary.

Sect. 5. And be it further enacted, That the following sums of money be appro- f™d^Ss
priated to the persons, and for the purposes hereinafter mentioned, viz : The sum of
eight dollars to the Clerk of the House of Representatives, to remunerate him for em-
ploying an extra clerk, to copy the land bill, to be printed for the use of the members of
the House, in pursuance of its order ; the sum of fourteen dollars and sixty-two and a
half cents to James Lindsey, it being the balance, due him for taking the census of Wil-
kinson county; the sum of fifty dollars to Franklin C. Heard, clerk to the joint military
committee ] to John Burch, clerk of the joint land committee, the sum of forty dollars ;
and fifty dollars to Daniel Sturgess for drawing maps, for the use of the Legislature, of
the lands acquired from the Creek and Cherokee Indians.

Sect. 6. And be it further enacted, That one hundred and twenty-five thousand dol- Appropriation
lars be, and the same is hereby appropriated, to pay the first instalment in the Bank of fi^stmstalmerft

Darien. m tne Darien

Bank.

Sect. 7. And be it further enacted, That five thousand dollars shall be, and the same Also for the
is hereby appropriated, for the further improvement of the river Altamaha, to be ex- tfSTri^f
pended in the improvement of said river, in such manner as the commissioners of said Altamaha-
river, or a majority of them, shall think most advantageous ; to Abner Lockett the sum Sundry sums
of eighty dollars, agreeably to a concurred resolution ; and that fifty dollars be appro- t0 individuals°
priated to James Barbur, for his attention and nursing Solomon Kid, as was agreed to
by concurred resolution; to Thomas Woodward and James C. Watson, five hundred
dollars, for arresting and bringing to justice Jesse Trawick, who had escaped from Pu-

APPROPRIATION LAWS. 1818.

(No. 46.) laski jail, when charged with the crime of murder, agreeably to concurred resolution :
Which said several sums are hereby appropriated out of any monies in the treasury not
otherwise appropriated .

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate \

WILLIAM RABUN, Governor.

(No. 47.)

AN ACT

To appropriate Monies for the political year eighteen hundred and twenty.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
for the support of government for the political year one thousand eight hundred and
twenty, the following sums of money be, and they are hereby appropriated, viz : The salary
of his excellency the Governor shall be three thousand dollars per annum ; Secretaries
of the Governor, not exceeding three, one thousand dollars each per annum ; the Secre-
tary of State, two hundred and fifty dollars ; the Treasurer, fifteen hundred dollars; the
Surveyor General, five hundred dollars ; the Comptroller General, one thousand dollars ;
the Clerk of the House of Representatives, six hundred dollars ; the Secretary of the
Senate, six hundred dollars ; the Judges of the Superior Courts, twenty-one hundred
dollars each ; the Attorney General and five Solicitors General, two hundred and twen-
ty-five dollars each : Which said several sums shall be, and they are hereby appropriated
for their use, to be paid quarter-yearly, by warrant from the Governor on the Treasurer,
out of any money not specially appropriated.

Pay of mem- Sect. 2. And be it further enacted, That for the compensation of the members of the

Legislature Legislature, four dollars each per day, during their attendance, be appropriated, and the
sum of four dollars for every twenty miles in eoming to and going from the seat of go-
President and vernment ; and the sum of six dollars each per day, to the President of the Senate and
Speaker. Speaker of the House of Representatives, during their attendance, and the sum of four

dollars each for every twenty miles in coming to, and going from, the seat of govern-
Clerk and ment j to the Clerk of the House of Representatives, and Secretary of the Senate, dur-
ing the sitting of the Legislature, six dollars each per day, and the sum of sixty dollars

Appropria-
tions for the
year 1820.

Salary of the
Governor.

His Secreta-
ries.

Secretary of
State.
Treasurer.
Surveyor
General.
Comptroller.
Clerk of the
House of Re-
presentatives.
Secretary of
the Senate.
Judges.
Attorney and
Solicitors Ge-
neral.

•

APPROPRIATION ACTS. 1819,

for contingent expenses each; to the two engrossing Clerks and an assistant Clerk in the
House of Representatives, and two engrossing Clerks in the Senate, six dollars each per
day ; to the Clerk of the committee on finance, and the Clerk of the committee on
the state of the Republic, eighty dollars each ; to the Messengers and Doorkeepers of
the Legislature, four dollars each per day, during the session ; to the Adjutant General,
eighteen hundred dollars, to be paid quarter-yearly ; to Alexander Greene, one hundred
and twenty-five dollars, for airing, scouring, and taking care of the State House, desks,
and carpets, in the recess of the Legislature, and making fires on wet days ; to Peter
Fair, one hundred and twenty-five dollars, for winding up the clock, keeping clean the
staircases, passages, &c.

(No. 47.)
Engrossing
Clerks, &c.

Clerks to
Committees.
Messengers
and Door-
keepers.

Adjutant
General.

Alex. Greene.

Peter Fair,

Sect. 3. Be it further enacted, That the sum of fifty thousand dollars be, and the same
is hereby appropriated and set apart as a contingent fund, subject to the orders of the
• Governor.

Contingent
Fund.

Sect. 4. And be it further enacted, That the Governor be, and he is hereby authorized 5 per cent, al-
and required to draw his warrant on the Treasurer, in favour of the executors of Col. executors of
Bedney Franklin, for the sum of five per centum on the amount actually collected and ©n theam^t
paid into the treasury by said Colonel Bedney Franklin, or by any other person for him, £flT?ne^ paid
which shall be in full of his services as to the amount paid into the treasury, and until any person for
a final settlement with the Treasurer of this state, on account of bonds received by the treasury,
said deceased for collection.

Sect. 5. And be it further enacted by the authority aforesaid, That the following sums
be, and they are hereby appropriated, viz. to Abraham P. Jones, the sum of four hun-
dred and sixty dollars, agreeably to a concurred resolution ; to Thomas M. Bradford,
thirteen hundred and seventy-five dollars, agreeably to a concurred resolution, and the
sum of two hundred dollars to the honourable John M. Dooly, and fifty dollars to
Duncan G. Campbell, in pursuance of a concurred resolution j also the sum of two
thousand dollars for the purpose of erecting a grammar school-house at Athens, in
pursuance of a concurred resolution ; to Caty Thrift, widow of William Thrift, and her
three children, the sum of ten dollars each, agreeably to a concurred resolution ; and
that the sum of one hundred dollars be, and the same is hereby appropriated, to and for
the use of Martha Lyon and her nine children, widow and orphans of John Lyon, late
of Elbert county, deceased, agreeable to a concurred resolution of both branches of the
General Assembly ; to Messrs. Camak and Hines, seventy dollars for extra printing,
agreeable to a concurred resolution ; to Daniel Sturgess, ten dollars for drawing the map
of the late acquired territory, for the information of the land committee ; to Joseph
Cook, two hundred dollars, agreeable to a concurred resolution ; and four thousand

K 2

Sundry sums
to individuals,
named in this
section.

§2000 appro-
priated for
erecting a
grammar
school-house
at Athens,

APPROPRIATION ACTS. 1819.

(No. 47.)

Penitentiary
appropriation.

The house and
lot occupied
by tne Go-
vernor, to be
repaired.

dollars to close the accounts of the building commissioners of the Penitentiary, it being
a sum that has been heretofore appropriated, but drawn for other purposes; to A. Sum-
mers, jailor of Twiggs county, the sum of seventeen dollars sixty-two and a half cents,
for apprehending and bringing to jail the body of Henry GofF, and attending the pro-
secution and imprisonment of said GofF; and a sufficient sum to provide for the neces-
sary improvements and repairs on the house and lot owned by the state, and occupied
by the Governor, to be drawn for by the Governor, out of the contingent fund for that
object: Which said several sums are appropriated out of any monies in the treasury,
not otherwise appropriated.

Assented to, 20th December, 1819.

DAVID ADAMS,

speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

■

[ 69 ]

ATTACHMENTS.

AN ACT*

To amend an act, entitled " An act to regulate Attachments in this State/3 passed

the ISth day of February, 1799.

WHEREAS the above recited act has been found by experience to be inadequate to Preamble,
the complete effectuation of the purposes intended, and to require amendment:

BE it therefore enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the

same, That where any sheriff or constable shall levy any attachment on personal pro- Claims to per-
sonal proper-
perty, claimed by any person not a party to such attachment, such person, his agent or ty attached,

attorney, shall make oath to such property : and it shall be the duty of such sheriff or returned and
constable to return the fact of such claim to the court to which the attachment shall be tned-
made returnable ; and such court shall cause an issue to be joined between the plaintiff
and such claimant, and the right of property to be decided on by a jury at the same
term, unless sufficient cause be shown to induce the court to continue the same : Pro- Proviso.
vided, the person claiming such property, his agent, or attorney, shall give bond, (to the claimant, his
sheriff or constable serving such attachment,) with security in a sum equal to the amount n| to ~ive
of such attachment, conditioned to pay to the plaintiff all damages which the jury, on boiVjf and se"
the trial of the right of property, may assess against such claimant, in case it should
appear that such claim was made for the purpose of delay. An^every juror on the jurors, how-
trial of such claim shall be sworn, in addition to the oath usually administered, to give cases<
such damages as may seem reasonable and just to the plaintiff against the claimant^ in
case it shall be sufficiently shown that such claim was intended for the purpose of delay
only : and it shall be lawful for the plaintiff to enter up judgment, and have execution Jugdment,

* See the act following this ; which authorizes the issuing1 of attachments when the debt is not due, &c.

ATTACHMENTS. 1814.

(No. 48.) against such claimant, for the amount of such verdict; and where the jury shall find
the property not subject to the attachment, the claimant may enter up judgment, and
have execution against the plaintiff for the costs by him incurred in establishing his claim.

Land not sub-
ject to attach-
ments issuing,
&c. out of the
county in
which it lies.

Claims to land
attached, re-
gulated.

Sect. 2. And be it further enacted by the authority aforesaid, That land or real
estate shall not be subject to be attached under or by virtue of any attachment issuing
and returnable out of the county in which such land is situate : and in all cases of
claims to land, levied on by virtue of any attachment, the proceedings shall be the same
as those pointed out by the preceding section for claims to other property ; except that
such claim shall be returned to, and tried in the Superior Court of the county where the
land is situate.

A garnishee
not compelled
to answer out
of the county
in which he
lived, when
the attach-
ment was
served.

Bonds, notes,
&c. of the ab-
sent debtor,
in the hands
of the gar-
nishee, how
disposed of.

In what man-
ner the evi-
dence of a
debt returned
by a garnishee
shall be dis-
posed of,
when it ex-
ceeds the
plaintiff's de-
mand, and
cannot be
divided.

No attachment
shall abate by
the death of
either party,
where the
cause of ac-
tion would
survive.

When a plain-
tiff in attach -

Sect. 3. And be it further enacted by the authority aforesaid, That no person who
may be summoned. as garnishee, shall be compelled to answer to any attachment out of
the county in which such garnishee lived at the time of serving such attachment ; and
where any garnishee shall return that he has in his hands a note or notes, bond or
bonds, or other evidences of debt belonging to the absent debtor, the same shall be
forthwith deposited with the clerk of the court in which the attachment is pending, sub-
ject to the order of said court; and after the plaintiif shall have established his demand
against the absent debtor, the court may in its discretion direct the clerk- to deliver to
the plaintiff in such attachment, his agent or attorney, such note or notes, bond or
bonds, or other evidence of debt, or so much thereof as will be sufficient to discharge
the amount of the demand, which the plaintiff shall have established against the defen-
dant, taking a receipt therefor, which receipt shall be filed with the papers appertaining
to such attachment, and shall be considered as a payment to that amount, unless the
plaintiff shall make it appear that after due diligence used by him he was unable to col-
lect the amount ; and where the evidence so deposited is of a debt greater than the
plaintiff's demand, and will not admit of division, the court shall order the same to be
sued for, in such manner as will, in their discretion, best ensure recovery ; and the mo-
ney when collected to be deposited with the clerk of the court in which the attachment
pended, a part to be applied to the discharge of the amount due the attaching creditor,
the balance to remain subject to the future order of said court.

Sect. 4. And be it further enacted by the authority aforesaid, That no suit, by way
of attachment, shall abate by the death of either party, where the cause of action would
survive to the executor Or administrator, but such death being suggested on the record,
the cause shall proceed, under the Restrictions and regulations following : when a
plaintiff in attachment shall die, the executor or administrator of such plaintiff
shall, within six months after the probate of the will, and obtaining letters
testamentary, or obtaining letters of administration, cause to be issued by the

■

ATTACHMENTS. 1814,

clerk of the court in which such attachment is pending, a scire facias, returnable to the
next term of the said court, giving notice of his intention to become a party in the place
and stead of the deceased testator or intestate, which shall be published at the door of
the court-house, in the county in which such attachment is pending, by the sheriff of
said county, at least twenty days prior to the term at which such scire facias is made
returnable ; which being done, such executor or administrator may, on motion, be made
party plaintiff, and the cause proceed ; and where the defendant shall die, scire facias
shall issue in manner aforesaid, immediately after the expiration of twelve months,
which scire facias shall contain a notice to the legal representatives of the defendant,
whether executor or administrator, of the pendency of such attachment, and of the in-
tention of the plaintiff to proceed with the same ; which being published in like man-
ner, it shall be lawful for the plaintiff to proceed with his attachment, as if such death
had not taken place : Provided nevertheless, that the executor or administrator of the
defendant may appear at the return of the scire facias, and upon giving security in
terms of the act to which this is amendatory, shall be permitted to plead and defend the
said attachment, in the same manner that his testator or intestate might have done.

(No. 48.)

ment shall die*
parties, how
and when
made.

Parties, how
and when
made, when
the defendant
shall die.

Proviso.

Sect. 5. And be it further enacted by the authority aforesaid, That in cases of at- How parties

tachments pending injustices' courts, where either party shall die, such attachment jn justices'0

shall not abate, but a notice of the intention of the representatives of the plaintiff, c?urts> when

1 r, ■■■/ either party

whether executor or administrator, to proceed, being published at the house where such to an attach-
ltiii r i r • ment shall die.

justices courts are holden, by the constable of the district, ten days before the time at

which parties are to be made, such parties shall therefore be made, and the cause

proceed.

Sect. 6. And be it further enacted by the authority aforesaid, That where any wit- Interrogato-

ness resides out of this state, or out of the county in which any attachment may be ^nd regulated

pending, and in which his testimony may be required, it shall be lawful for the plaintiff, in attachment

on filing interrogatories in the office of the clerk of the court where such attachment is witness lives
.. i i t i • ■• 1 i r i , ~ out of the state

pending, and publishing a notice at the door of the court-house of said county,' that or county.

such interrogatories are filed, to obtain a commission in like manner as is prescribed by

the 23d section of the Judiciary Act of 1799, for taking testimony in other cases.

Sect. 7. And be it further enacted by the authority aforesaid, That in all cases the The attach-

attachment first served shall be first satisfied. ment first

served, first
satisfied.

Sect. 8. And be it further enacted by the authority aforesaid, That no lien shall No lien creat-
u j u i i • r i ed to the ex-
be created by the levying of an attachment, to the exclusion of any judgment obtained elusion of old

by any creditor, before judgment is obtained by the attaching creditor, er gjajpaents,

ATTACHMENTS. 18 14.

(No. 48.) Sect. 9. And be it further enacted by the authority aforesaid, That so much of the

Repealing- before recited act as may be repugnant to this act, be, and the same is hereby re-
clause. , .
pealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern.

Assented to, 22d November, 1814.

PETER EARLY, Governor,

(No. 49.)

AN ACT

In addition to, and amendatory of, An act to regulate Attachments in this

State.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Property at- Georgia, in General Assembly met, and by the authority of the same, That every at-
tached maybe , ^
restored to the tachment hereafter sued out, the property attached may be restored to the person or

on his giving persons against whom the attachment may have issued, upon the defendant or defen-

security in dants giving good and sufficient security to the officer serving the said attachment, in

debt, &c. double the debt or demand for which the said attachment may have been issued and

Or defendant granted ; or the said defendant or defendants may file his, her, or their defence, to the

defence to the petition or declaration of the attaching creditor or creditors, and enter into the same

declaration. defence as if the property attached had been replevied.

Attachment Sect. 2. And be it further enacted, That when a debt is not due, and the debtor or

cemhicases debtors is or are removing, or is or are about to remove without the limits of this
when a debt is state, and oath being made by the creditor, his agent or attorney, of the amount of the
debt to become due, and the debtor or debtors is or are removing, or about to remove
without the limits of this state, an attachment may issue against the property of such
debtor, or debtors ; but the defendant may relieve his property by giving to the credi-
tor good security to pay the money when due, and cost.

ATTACHMENTS. 1816. 73

Sect. 3, And be it further enacted by the authority aforesaid, That in all cases (No. 49.)

where an attachment may issue against any person absent, that on the trial of the same 4/rien*? of an

any person may act as a friend, give good special bail, and by himself or attorney, may give spe-

plead and defend the suit in the same manner as though the defendant was personally defend any at-
, j •, 1 • ir tachment a-

present and do it himself. &ainst tUm

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

[ 74 ]

BANKS, INCORPORATED.

AN ACT

To amend " An act to incorporate the Planters' Bank of the State of Georgia, and
for other purposes," passed the 19th day of December, 1810, also to provide
against embezzlement and forgeries.

Preamble. WHEREAS, subscribers to the Planters' Bank of the state of Georgia, and others

interested in the welfare of said bank, by their petition pray, that the charter of the
said bank be so amended, as to make it more useful to the public, and with greater
facility carried into execution: And whereas the amendments proposed in the said peti-
tion will forward the establishment and operations of the said institution ;

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
Capital stock, same, That the capital stock of the said bank shall be one million of dollars, to be
1000 shares divided into ten thousand shares of one hundred dollars each ; of which one thousand
the state shares shall be reserved until the first day of January, one thousand eight hundred and

thirteen, on the original terms, then, or at any prior time to be taken by the state, ac-
If taken, the cording to the pleasure of the legislature ; whereby the state, at any subsequent election,
to appoint two sna^ De entitled to the appointment of two directors ; and if they be not then taken by
directors. t^e state, to be disposed of in manner herein after provided.

Capital stock
and property
of the bank
subject to tax-
ation.

Proviso.

Sect. 2. And be it further enacted by the authority aforesaid, That the capital stock
of the said bank, and every other property, real or personal, which it may hereafter
acquire and hold, shall be subject to a taxation not exceeding the ratio of other taxable
property in this state; Provided, the corporation of the city of Savannah shall not have
the power to tax said bank stock, but may tax any property, real or personal, which said
bank may acquire, in the ratio of taxation against the like property in the said city.

BANKS, INCORPORATED. 1811. 75

Sect. 3. And be it further enacted by the authority aforesaid, That the subscription (No. 50.)
already opened in the city of Savannah, shall continue until the first day of December* nowoDened*

next, under the superintendance of the present commissioners, to wit, Charles Harris, in Savannah,

' r ... sha11 continue

John Bolton, James Johnston, Edward Swarbrick, William B. Bulloch, John Caig, until the 1st

of December
George Anderson, Edward Stebbins, John P. Williamson, Ebenezer Stark, William nextj under

Mein, John M. Berrien, Andrew Lowe, John dimming, and Zachariah Miller, a majo- tendance™"/

rity of whom shall be competent to the discharge of their duties ; until which day it ce.rtam com

J x • J missioners.

shall and may be lawful for any person or copartnership, being citizens of the United ^ majority

States, corporation, or body politic, to subscribe for any number of shares, not exceed- competent

ing one hundred, except as provided aforesaid in relation to the state : Provided, that if who maysub-

the whole number of shares be not taken up on or before the first day of December wliat number

next, then, and in that case, it shall and may bo lawful fur any person or copartnership, °* snaves rnay

r r be subscribed

being citizens of the United States, corporation, or body politic established in the United for.
States, to subscribe for any number of shares, unsubscribed for as aforesaid, and the ProviS()-
sums to be respectively subscribed for shall be payable in manner following, viz. ten how payable.
per cent, at the time of subscribing, and twenty per cent, on or before the first day of
January next ensuing the said subscription, and the balance of the sums so subscribed
at such time as the same shall be required by the directors : Provided, that sixty days Proviso.
previous notice of the time at which such payment is required to be made, be given
in the gazettes at the city of Savannah.

Sect. 4. And be it further enacted by the authority aforesaid, That the present stock- Present stock-
holders, who have heretofore subscribed for shares, and paid ten per cent, at the time of haVVpaid 1°0
subscribing, shall, upon thirty days notice given by the 'commissioners, and published P,er c.entl a*

in the gazettes of Savannah, be required to pay the further sum of twenty per cent, upon subscribing-,

, , r 1 mi required to

the sum betore subscribed. pay 20 per

cent, more up-
on the sum before subscribed for, upon 30 days notice being- given.

Sect. 5. And be it further enacted by the authority aforesaid, That the stock which
shall remain unsubscribed for, or the instalments which shall remain unpaid on the day
appointed for the election of directors, such stock shall thereafter be disposed of, or
such further instalment be called in by such persons, at such time, and under such regu-
lations as to payment of instalments, or number of shares to be subscribed for on the

* See the act following this; which limits the time of keeping open said subscriptions, until the 25th of the
(then) present month,

L 2

76 BANKS, INCORPORATED. 1811.

(No. 50.) unsold stock by any one person, copartnership or body politic, as shall be ordered and
published by the said directors.

Persons fail- Sect. 6. And be it further enacted by the authority aforesaid, That if there shall be a

sum reqiured^ failure m tne payment of any sum to be paid by any person, copartnership, or body poli-

by this act, or tic, when the same is required to be paid by this act, or when it shall be required to be

by the direc- ] n .■-.".

tors, shall for- paid by the directors, the share or shares upon which such failure shall happen or ac-

feit their

shares. crue, shall be for such failure forfeited, and may be again sold and disposed of in such

Forfeited manner as the directors shall order or provide, and the sums which may have been

shares, how l

disposed of; paid thereon shall enure to the benefit of the said corporation.

Money paid

thereon, to enure to the Bank.

Thirteen di- Sect. 7. And be it further enacted by the authority aforesaid, That for the well or-

rectors to be Bering tne affairs of the said corporation, there shall be thirteen directors, who shall

$30,000 in De elected as soon as thirty thousand dollars, in gold and silver coin, shall have been

specie shall

have been received on account of the subscription for the said stock, and on the first Monday in

January, in each and every year thereafter, by the stockholders or proprietors of the
first Monday capital stock of the said corporation, and by plurality of votes actually given in ; and
every year those who shall be duly chosen at any election, shall be capable of serving as directors,
„ , ' by virtue of such choice, until the end or expiration of the first Monday in January next
After each ensuing the time of such election, and no longer; and the said directors, at their first meet-
president to mS after each election, shall choose one of their number as president; and in case of
th cl]°fe" by his death, resignation, removal from the state, or from the board of direction, the said

out of their directors shall proceed to fill the vacancy, by a new election for the remainder of the

own body.

Vacancies year : Provided always, and be it further enacted, That as soon as the sum of thirty

how filled. thousand dollars, in gold and silver, shall have been actually received on account of the
The coinmis- subscriptions to the said stock, notice thereof shall be given by the commissioners

sioners to pub- herein before named, in the gazettes of the city of Savannah and Augusta ; and the

lish a notice ° J

when $30,000 commissioners shall at the same time, in like manner, notify a time and place within

111 ST)GC1P sll3.ll

have been the said city of Savannah, at the distance of thirty days at least from the date of such
count'ofTub, notification, for proceeding to the election of directors ; and it shall be lawful for such

scriptions ; tQ be tben and tbere made, and the persons who shall be then and there chosen shall
And to give . . . , .

notice 30 clays be the first directors, and shall receive from the said commissioners the nett proceeds,

th[°time"nd°f after deducting expenses, which may be in their hands, and shall be capable of acting

place of hold- b virtue of such choice, until the end or expiration of the first Monday in January,

lng1 an elec- J

tion for direc- next ensuing the time of making the same ; and shall forthwith thereafter commence

tors. Direc-

tors to receive the nett proceeds which may be in the hands of the commissioners. The operations of the Bank, when to

commence.

BANKS, INCORPORATED. 1811. 77

the operation of the said Bank at the said city* of Savannah : And provided further, (No. 50.)

That in case it should at any time happen that an election of directors should not be Proviso.

. . '■ In case any-

made upon any day, when, pursuant to this act, it ought to have been made, the said election of

corporation shall not for that cause be deemed to be dissolved ; but it shall be lawful, s^Sdnottake

on any other day, to hold and make an election of directors, in such manner as shall ^^fe^ayT

have been regulated by the bye-laws of the said corporation: And provided, that in the corpora-

o j j * * ^ tlon not there-

case of the death, resignation, absence from the state, or removal of a director, his fore dissolved.

place may be filled up by a new choice for the remainder of the year, by the remaining ^^o^iT

directors. any other day.

Proviso.

Sect. 8. And be it further enacted by the authority aforesaid, That the following Fundamental
* .... r r rules,

rules, restrictions, 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 be entitled, shall be ac- 0f yote^each1

cording to the number of shares he shall hold, in the following proportion, that is to stockholder

say ; for one share, one vote, for two shares and not exceeding five, two votes ; for tied to.

every five shares above five, one vote ; Provided, that no person, corporation, or body roviso-

i • i i • • i i • N° one enti-

politic or corporate, shall be entitled in his, her or their own right, to more than sixty tied to more

votes ; and after the first election no share or shares shall confer a right of suffrage jn jjjs 0,J° ^

which shall not have been holden and transferred, according to the rules of the bank, nSnt

three calendar months previous to the day of election.

2d. None but a stockholder entitled in his own right to twenty shares, and being a Who shall be

° J eligible as a

citizen of the state, and not being a director of any other bank, shall be eligible as a director.

director ; and if any one of the directors, after being elected, shall at any time during Wnen * l~

the term for which he shall have been chosen cease to be a stockholder, his seat shall to be a stock-
holder, his
thereupon become vacated, and the remaining directors, or a majority of them, shall, seat vacated.

at their next meeting, pass an order declaring him no longer to be a director.

3d. That the stockholders shall make such compensation to the president for his ser- Salary of the

President,
vices as shall appear to them reasonable.

* See act of 1814, No. 52, authorizing the board of directors, &c. to remove from Savannah, and transact
business in any part of the state, under certain circumstances.

BANKS, INCORPORATED. 1811.

4th. Not less than five directors shall constitute a board for the transactions of busi-
ness ; of whom the president shall always be one, except in case of sickness or neces-

constitute a sary absence, in which case his place may be supplied by any director whom he by
board. ....

writing under his hand shall nominate for the purpose.

(No. 50.)

How many,
and who, shall

Not less than 5th. A number of stockholders, not less than twenty, who together shall be proprie-

20 directors, ,

holding- in the tors of two hundred shares or upwards, shall have power at any time to call a meeting

or in ore 'shares °^ ^ie stockholders, for purposes relative to the institution, giving at least sixty days notice

shall call a m ^g gazettes of the city of Savannah and Augusta, specifying in such notice the ob-

Sixty days no- ject or °bjects of such meeting.

tice to be

given, specifying the purpose of the meeting.

The cashier
and other offi-
cers of the
bank (except
the president)
to give bond
and security,
such as the
directors shall
approve.

In what cases,
and for what
purposes, the
bank may hold
real property.

How it may be
disposed of.

6th. The cashier or treasurer of the bank for the time being, and all other officers
appointed by the directors (except the president) before he or they enter upon the duties
of his or their office, shall give bond with two or more securities, to the satisfaction of
the directors, in such sum or sums as shall be required by the said directors, with con-
dition for his or their good behaviour and a faithful discharge of duty.

7th. The lands, tenements and hereditaments, which it shall be lawful for the said
corporation to hold, shall be only such as shall be requisite for its immediate accommo-
dation in relation to the convenient transaction of its business, and such as shall have
been bona fide mortgaged to it as security, or conveyed to it in satisfaction of debts pre-
viously contracted in the course of its dealings, or purchased at sales upon judgments
which shall have been obtained for such debts. And in every instance in which the
said company may become owners or claimants of lands, tenements, or hereditaments,
the board of directors are empowered to sell or dispose of the same in such manner as
they shall deem beneficial, to the use of the said company.

Total amount
of debts which
the bank may
owe, not to
exceed three
times the
amount of
capital stock,
he.

The directors
under whose
administration
an excess shall
happen, made
liable in their
individual ca-
pacities.
Property, real
and personal,
of the corpo-

8th. The total amount of the debts which the said corporation shall at any time owe,
whether by bond, bill, note, or other 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, by any creditor or creditors of the said corporation, 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, 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

BANKS, INCORPORATED. 1811.

act whereby the same was so contracted or created, may respectively exonerate them- (No. 50.)

selves from being so liable, by having their dissent, if present, entered on the minutes ration, also

. liable for any

of the said corporation. . excess.

Directors who
were absent when the excess was created, or who dissented from the measure that occasioned it, may exonerate them-
selves by having their dissent entered on the minutes.

9th. The directors shall have power to issue to the subscribers their certificates of stock, Directors may

which shall be transferable on the books of the cashier only by personal entry of the cates Gf stock

stockholder, his legal representative, attorney, guardian or trustee, duly authorized for ^Qs^ stock

that purpose. shall be trans-

r r ferred.

10th. That the stockholders at their meeting shall vote in person or by attorney duly au- Stockholders

. to vole in per-

thorized for that purpose, which power shall be executed in the presence, and to be cer- son5 or by

tilled by a justice of the peace or notary public of the county or state where the share- authorized.

holder resides ; and minors or feme coverts shall vote by his, her or their guardian or Infants and

... feme coverts,

trustees duly authorized. how to vote.

11th. The company shall in no case, directly or indirectly, be concerned in commerce The company

... . . r . not to be Con-
or insurance, or in the importation or exportation, purchase or sale, ol any goods, wares cerned in

or merchandize whatever, (bills of exchange, notes and bullion only excepted,) except ^nsu*anoe! &c.

such goods, wares or merchandize as shall be truly transferred, conveyed or pledged to Exception.

them, by way of security for money actually loaned and advanced, or for debts due, ow- Go°ds» wares,

t j J J j j i anj niercnan-

ing or growing due to the said corporation, or purchased by them to secure such debts dize may be

pledged to

so due to the said corporation, or to indemnify and secure the said corporation for to them as

advances to be made or notes to be discounted, or to effect the insurance on the certain cases.

property that may belong or be thus pledged to the said company for its security.

12th. The bill obligatory and of credit, notes and other contracts whatever on behalf Bills, notes,

'«■ i • i • i ii i i • i- iii* i • i &c> binding

of the said corporation, shall be binding and obligatory upon the said company ; on the cor-

Provided, the same be signed by the president, and countersigned or attested by the proviso"

cashier, of the said corporation ; and the funds of the said corporation shall in no case Funds of the

be liable for any contract or engagement whatever, unless the same shall be so signed liabieTor any

and countersigned or attested as aforesaid ; and the books, papers and correspondence, contrat*> &c*

and the funds of the company, shall at times be subject to the inspection of the board same be siS"n-

ed bv the pre-
of directors and stockholders, when convened according to the provision of this act. sident and

countersigned
by the cashier. Books, funds, 8cc. subject to the inspection of the board of directors.

13th. Dividends of the profits of the corporation, or of so much thereof as shall be Dividends,

deemed expedient and proper, shall be declared and paid half-yearly, (the first half after what manner

the bank shall have been in operation excepted ;) and the said dividends shall, from *°£ p^Clared
time to time, be determined by a majority of the directors, at a meeting to be held for

30 BANKS, INCORPORATED. 1811.

(No- 50.) that purpose, and shall in no case exceed the amount of the nett profits actually acquir-

Not to exceed ed by the corporation j so that the capital stock thereof shall never be impaired,
the nett pro-
fits. Capital stock, not to be impaired.

A book of en- 14th. The directors shall keep fair and regular entries, in a book to be provided for

tries to be

kept by the tnat purpose, of their proceedings ; and on any question, when two directors shall re-

lrec ors. quire it, the yeas and nays of the directors voting shall be duly inserted on their mi-

nutes, and those minutes be at all times, on demand, produced to the stockholders when
at a general meeting the same shall be required.

Charter limit- 15th. The corporation shall exist and continue until the first day of January, one

day of Janua- thousand eight hundred and forty-one ; when it shall cease from discounting or making

ry, Jb4i. further emoluments as a corporation: Nevertheless, the said corporation shall continue

When the , ... . - .

company shall alter the expiration of its charter, until the concerns and claims of the said bank are

rations, except nnally settled and wound up, so as to enable the said bank to appear as plaintiff or de-

suchasmaybe fenc[ant, and obtain bv suit or otherwise, a settlement and liquidation of its outstanding;

necessary to ' J °

settle the af- demands, and in no ways to acquire new property or profits by discount or otherwise,
fairs of the in-
stitution.

Embezzle- Sect. 9. And be it further enacted by the authority aforesaid, That if any president,

effects, &c. of director, officer, or servant of the said Planters' Bank of the state of Georgia, shall

anv director secrete, embezzle, or convert to his own use, any note, bill, obligation, security money or

officer, or ser- effects, belonging to the said bank, or deposited there by any other person, every person

declared to be so intentionally offending, shall be guilty of simple grand larceny, and being thereof con-
simple grand ' - . . .
larceny; and victed, shall suffer the same punishment, and undergo the same sentence and judgment

Such?hable aS as provided for by law, to be passed against a person convicted of such grand larceny.
The security, But the property of the offender shall, nevertheless, be responsible as well as his secu-
*fthP1°ff"ertd rity-> notwithstanding any prosecution under this act.
er liable, notwithstanding any prosecution under this act.

Forging, Sect. 10. And be it further enacted by the authority aforesaid, That if any person or

ing, altering, persons,^ shall forge, counterfeit, or alter, or fraudulently utter any note, bill, obligation,
no\V* &c of or other security of the Planters' Bank of the state of Georgia, or pay, or tender in

the bank, how payment, or offer to pass any forged, counterfeited, or altered note, bill, obligation, or
punished. r J l

other security of the said bank, knowing the same to be forged, counterfeited, or altered,

and shall thereof be convicted, shall suffer death or such other punishment as may

hereafter be pointed out by law.

See the Penal Code of 1817. " Forgery and Counterfeiting."

BANKS, INCORPORATED. 1811. 31

Sect. 11. And be it further enacted by the authority aforesaid, That if any person (No. 50.)

shall forge * alter, or counterfeit any letter of attorney, order, or other instrument, to Persons, forg-

. r ing-, counter-

transfer or convey any share or shares of stock in the Planters Bank of the state of feiting, &c.

Georgia, or to receive the same, or any dividend or part thereof, or shall knowingly and aUonieyfor!-

fraudulently demand to have such share or shares, dividend, or any parts thereof, trans- j^J^; to

ferred, conveyed, or received by virtue of such forged, altered, or counterfeited letter shares, or to

, " receive any

of attorney, order, or other instrument, or shall falsely and deceitfully personate any dividends; or

true and lawful proprietor or proprietors, of any share or shares of stock, or dividend, mand or ob_

or money, or other property deposited in the said bank, thereby transferring or endea- u™ a *^™ Jr

vouring to transfer the said stock, dividend, money, or other property, or receiving, or or receive any

dividend by
endeavouring to receive the said stock, dividend, money, or other property ; in every virtue of such

such case, the person or persons so offending, and being thereof duly convicted, shall me|t. Grwho

be adjudged a felon or felons, and suffer such punishment as shall be adjudged by the shall falsely

court before which the said conviction shall take place, so that the same does not ex- proprietor of

.... any stock, &c.

tend to death, or less than ten years of servitude or imprisonment. for certain

fraudulent
purposes; shall on conviction suffer a punishment not extending to death, or less than ten years servitude or imprisonment.

Sect. 12. Whereas, it will facilitate the operation of the said bank to have the necessary Preamble to
buildings ready for the directors, and whereas, it is also represented that the commis-
sioners, with the approbation of the present stockholders, have gone to considerable
expense and disbursements to forward the said institution: Be it therefore further enacted

by the authority aforesaid, That the said commissioners, or a majority of them, be, and they Commission-

. ers empower-
are hereby authorized to purchase or rent a house and lot, and to defray out of the ed to pur-
money already received, the expenses necessary to make the same fit for the use of a a nouse an(j

bank ; and the said commissioners, or a majority of them, are hereby authorized and Mj for the

7 J J ' ' J use ol the

empowered, out of the money already received on subscription, to pay and discharge bank.

all expenses and disbursements, made or contracted for, which are applicable to the said Auth°med to
r ' . *X pay all ex-

institution, and which expenses or engagements have accrued or been made to, and for penses incur-
red for the be-

the benefit of the said institution, and to facilitate the early operation thereof. nefit of the

institution.

Sect. 13. And whereas also, from the difficulties which the commissioners of the said Preamble to

tli c 1 3 th sec-
bank heretofore met, in obtaining a sufficient number of subscribers for shares, so as to tion

organize the same at an early period, it became necessary and just for the former sub-
scribers to release to each other all claim to any forfeiture which might otherwise
have accrued under the third section of the said act of incorporation, which release,

See "Forgery and Counterfeiting," in the penal code of 1817

BANKS, INCORPORATED. 181 i.

under the circumstances stated in the petition aforesaid, was proper and prudent : Be it
therefore further enacted, That the said mutual release be, and is hereby confirmed, and
that all forfeiture or supposed forfeiture, arising under the third section of the said act
of incorporation be, and is hereby remitted, and declared as null and void, as if there
had been no such section in the act of which this is an amendment.

(No. 50.)

A mutual re-
lease of for-
feitures by
certain sub-
scribers con-
firmed ; and
the forfeitures
declared null
and void.

Repealing
clause.

Sect. 14. And be it further enacted by the authority aforesaid, That the second, third,
fifth, and seventh sections of an act entitled " An act to incorporate the Planters' Bank
of the state of Georgia," and to repeal an act entitled An act to incorporate the Planters'
Bank of the state of Georgia,- passed the fifth day of December, 1807, which above act
was passed on the 19th December, 1810, be, and the same are hereby repealed.

Executive Department, Georgia.

Assented to, 3d December, 1811.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

DAVID B. MITCHELL, Governor

BANKS, INCORPORATED. 1811. 33

AN ACT (No. 51.)

To alter and amend the third section of an Act to amend an Act to incorporate
the Planters' Bank of the state of Georgia, and for other purposes, passed the
19th day of December, 1810, also to provide against embezzlement and forge-
ries, passed the 3d of the present month, by the present Legislature.

WHEREAS, by the third section of the act referred to in the title hereof, it is enact- Preamble,
ed, that the subscription already opened in the city of Savannah shall continue until the
first day of December next, and the said act having been presented to, and signed by
the Governor, and finally passed on the third day of the present month of December,
the operation of the said third section of said act will be, to extend the time of keeping
open the said subscription until the first day of December, one thousand eight hundred
and twelve, which was not the intention of this Legislature — For remedy whereof;

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, and by the authority of the same, That the subscription already The subscript

opened in the city of Savannah, shall continue and be kept open, until the twenty-fifth openedhi ^Sa-

day of the present month, and no longer; any thing in the afore-recited act to the JJ^jJ^

contrary notwithstanding. until the 25th

of the present
month, and no

ROBERT IVERSON, !°nger

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 16th December, 1811.

DAVID B. MITCHELL, Governor.

M 2

BANKS, INCORPORATED. 1814.

(No. 52.)

AN ACT

To authorize the Board of Directors of the Planters' Bank of the state of Geor-
gia, and its officers, to remove from the city of Savannah, and transact business
in any part oj the state of Georgia, ur\der certain ch cumstances therein men-
tioned.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
The Directors in General Assembly met, and it is hereby enacted by the authority of the same, That the

ot trip PJ3.11-

ters' Bank au- board of directors of the Planters' Bank of the state of Georgia, and its officers, are
thorized to re-
move from Sa-
vannah, and
transact busi-
ness in any
part of the
state, when
the safety of
the institution
is endanger-
ed; or in case
of contagion.

hereby authorized to remove from the city of Savannah, for such time as they may
think proper, and transact business in any part of the state of Georgia, whenever the
president and directors, or a majority of the members thereof who may be present, shall
think it prudent, from causes of alarm, which, in their opinion, may endanger the safety
of the institution, or in cases of contagion affecting the city, or the vicinity thereof:
And all the business of the said bank, which may be transacted after such removal as
is authorized by this act, shall be equally binding and legal as if the same had been
done and transacted in the city of Savannah.

Assented to, 3d November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor.

BANKS, INCORPORATED. 1815. #5

AN ACT* (No. 53.)

To incorporate a Bank, to be called the Bank of the State of Georgia.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

p-ia. in General Assembly met, and it is hereby enacted by the authority of the same, That A- Bank of the
? " ■' .*■,.' . state of Geor-

a Bank of the state of Georgia shall be established in the city of Savannah, the capital g-ia establish-

♦ • • cd.

stock whereof shall not exceed one million five hundred thousand dollars, divided into ' . . ,

fifteen thousand shares, each share being one hundred dollars.

Sect. 2. And be it further enacted by the authority aforesaid, That six thousand Reservation of

shares, for the
shares of said capital stock shall be reserved untd the first day of January, eighteen state.

hundred and seventeen, on the original terms, then, or at any prior time, to be taken

and subscribed for by the state, according to the pleasure of the General Assembly,

whereby the state, at any subsequent election, shall be entitled to the appointment of six state entitled

directors ; and if the said shares so reserved be not taken by the state, to be disposed of directors.

in manner herein after prescribed.

Sect. 3. And be it further enacted by the authority aforesaid, That subscriptions for Subscriptions

constituting and collecting the capital stock of said bank shall be opened in the city of \n savannah.

Savannah on the first day of February next, under the direction and superintendance of Bv whom su-

pcrint ended «
Charles Harris, William B. Bulloch, Isaac Minis, Richard Richardson, Oliver Sturges,

Thomas Bourke, John Eppinger, Abraham Richards, Barna McKinne, John P. William-
son, William Taylor, William Mein, John Camochan, A. S. Bulloch, Edward Harden,
and Thomas U. P. Charlton, a majority of whom shall be competent to the discharge
of the duties hereby devolved upon them : Also, and for the same purpose, in the city To be opened
of Augusta, under the direction and superintendance of Andrew Erwin, John McKinne, ta,
John Howard, Ferdinand Phinizy, Thomas Barrett, Walter Leigh, Freeman Walker,
and George Hargraves : Also, and for the same purpose, in the town of Milledgeville, in Milledge-
under the direction and superintendance of Zachariah Lamar, John Howard, John W.

Devereux, and Joel Crawford : Also, and for the same purpose, in the town of Greens- Greensbo-

' . . rouffh.

borough, under the direction and superintendance of John West, John Bethune, and

Daniel Sanford: Also, and for the same purpose, in the town of Washington, under the Washington.

direction and superintendance of Nicholas Long, William G. Gilbert, Augustus H.

Gibson, William Sansom, and John H. Pope: Also, and for the same purpose, in the

town of Louisville, under the direction and superintendance of William N. Harman, Louisville,

See act of 1816, No. 54; which amends this act,

BANKS, INCORPORATED. 1815.

(No. 53.)
Athens.

Sparta.
Lexington.

Waynesbo-
rough.

A majority of
commission-
ers in each
place compe-
tent to act.
Books open
for six months.

Citizens, &.c.
of the United
States, may
subscribe for
any number of
shares not ex-
ceeding 100.

Proviso.

Subscriptions,
how payable.

Proviso.

James Meriwether, David Clark, and Rodger L. Gamble: Also, and for the same pur-
pose, in the town of Athens, under the direction and superintendance of Stephen Thomas,
Thomas P. Carnes, and Augustin S. Clayton: Also, and for the same purpose, in the
town of Sparta, under the superintendance and direction of John Lucas, Hugh Taylor,
and Henry Mitchell: Also, and for the same purpose, in the town of Lexington, under
the superintendance and direction of Dudley Dunn, John Moore, and Burwell Pope:
Also, and for the same purpose, in the town of Wayne sborough, under the direction of
John Davies, John Whitehead, and William Whitehead; a majority of which commis-
sioners in each of said mentioned places, shall be competent to the discharge of their
duties ; and in each of said mentioned places, the books of subscription shall be kept
open for the space of six months, if that time shall be required, for filling up said sub-
scriptions for said capital stock; during which time 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 not exceeding
one hundred, except as hereinbefore provided, relative to the state: Prov ided, that if
the whole number of shares be not taken up within the said space of six months, then,
and in that case, it shall 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 the shares unsubscribed for as aforesaid; and the sums respectively
subscribed for, shall be payable in manner following : that is to say, seventeen per
centum at the time of subscribing, twenty per centum at the expiration of six months
thereafter, and the balance of the sums so subscribed, at such other time or times as
the directors of said bank may require and direct; Provided, that sixty days notice of
the time at which payment is required to be made, be given in one of the gazettes of
Savannah, Augusta, Milledgeville, and Washington, Wilks county.

Forfeitures
for non-pay-
ments.

Sect. 4. And be it further' enacted by the authority aforesaid, That if there shall be
a failure in the payment of any sum subscribed by any person, copartnership or body
politic, when the same is required to be paid by this act, or when it shall be required to
be paid by the directors, the share or shares, on which such failure shall happen or ac-
crue, shall be for such failure forfeited, and may be again sold and disposed of, as the
directors shall order and provide, and the sums which may have been paid thereon shall
enure to the benefit of said corporation.

Subscribers
made a body
corporate.

Their style.

And privi-
leges.

Sect. 5. And be it further enacted by the authority aforesaid, That all those who
shall become subscribers to said bank, their successors and assigns, shall be, and they
are hereby created and made a corporation and body politic, by the name and style of
the Bank of the State of Georgia, and by that name shall be, and are hereby made able
and 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

BANKS, INCORPORATED. . 1815. 87

what kind, nature or quality soever, to an amount not exceeding in the whole one mil- (No. 53.)
lion five hundred thousand dollars, or the amount of its capital if the same shall here-
after be increased, including the amount of the capital stock aforesaid ; 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 place what-
soever; 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
bye-laws, ordinances and regulations, as shall seem necessary and convenient for the
government of said corporation : Provided nevertheless, that such bye-laws, rules and Proviso.
regulations, be not contrary to the laws and constitution 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 may or shall appertain to do, subject nevertheless to the rules, regulations,
restrictions, limitations and provisions herein after prescribed.

Sect. 6. And be it further enacted by the ^authority aforesaid, That for the wtell order- Directors,

how many,
ing of the affairs of said corporation, there shair be fifteen directors, nine of whom and by whom

shall be elected by the stockholders, and six by the state ; and the nine directors of the
stockholders shall be elected so soon as two hundred and fifty thousand dollars, in gold
and silver coin, shall have been received on account of the subscriptions of said stock,
of whom there shall be an election on the first Monday in May -next, and on the same Annual -dec-
day in each year, by the stockholders or proprietors of the capital stock, and by the stockholders.
plurality of votes actually given in ; and those who shall be duly chosen at any election,
shall be capable of serving as directors, by virtue of such choice, until the end or expi- "
ration of the first Monday in May next ensuing the time of such election, and no longer;
and the six directors to be appointed by the state, shall be chosen by the legislature, im-
mediately on the passage of this act: Provided ahvays, that as soon as the sum of two Proviso,
hundred and fifty thousand dollars, in gold and silver, shall have been actually received
on account of the subscriptions to said stock, notice thereof shall be given by the com- Commission-
missioners in Savannah, herein before named, in one at least of the public gazettes of eriT ' aVur"i

Savannah, Augusta, Milleds-eville, Washington and Athens ; and the said commission- a notice when

: & ' . . . . - 250,000 dol-

ers shall at the same time, in like manner, notify a time and place, within the said city lars shall have

of Savannah, at the distance of ninety days at least from the date of such notification, specie.

for proceeding to the election of directors, and it shall be lawful for such to be then Also of the

. . . .. i i ii t i " it i r- time and place

and there made ; and the persons who shall be then and there chosen, shall be the first for electing-

directors, and shall receive from the said commissioners the money which shall be re- tuec 0Ib'

First directors
ceived by them ; and the said directors, at their first meeting after such election, shall to receive

, r i . , . , , . r i • i i • from the com-

choose one ot their number as president, and m case ot his death, resignation, or re- missioners the

moval from the state, or from the board of direction, the said directors shall proceed to moneyPa!'1111-

• • c ^° choose a

nil the vacancy by a new election for the remainder of the year : Provided, that in case president.

it should at anv time happen, that an election of directors should not be made at anv ,1Ils ^,c,anTcy

J rr 7 J how filled.

day when pursuant to this act it ought to have been made, the said corporation shall Proviso.

BANKS, INCORPORATED. 181

(No. 53.) not for that cause be deemed to be dissolved, but it shall be lawful on any other day to

Elections, hold an election of directors, in such manner as shall have been regulated by the laws
when regulat- «. u J

edbythe and ordinances of said corporation,
bye-laws, &c.

Directors em-
powered to
appoint offi-
cers, clerks
and servants.

Sect. 7. And be it further enacted by the authority aforesaid, That the directors,
for the time being, shall have power to appoint such officers, clerks and servants, under
them, requiring from said officers, clerks and servants, such security, and administering
to them such oaths, as the said directors shall deem necessary, and to allow them such
compensation for their services respectively as shall be reasonable ; and shall be capable
of exercising such other powers and authorities, for the well ordering and governing
the affairs of the said corporation, as shall be described, fixed and determined by the
laws, regulations and ordinances of the same.

Fundamental
rules.

Sect. 8. And be it further enacted by the authority aforesaid, That the following-
rules, restrictions, limitations and provisions, shall form and be fundamental articles of
the corporation of said institution :

Qualification
of voters.

1st. The number of votes to which each stockholder shall be entitled, shall be ac-
cording to the number of shares he shall hold, in the following proportion, that is to
say, for one share, one vote ; for two shares and not exceeding five, two votes ; and for
every five shares above five, one vote : Provided, no person, corporation or body poli-
tic, shall be entitled, in his, her or their own right, to more than thirty votes'; and
after the first election, no share or shares shall confer a right of suffrage which shall
not have been holden three calendar months previous to the day of election.

Who may vote
by proxy.

Who may be
eligible as a
director.

When a di-
rector ceases
to be a stock-
holder, his
seat vacated.

2d. Stockholders usually resident within the United States, and none others, may
vote in elections by proxy ; none but a stockholder entitled in his owrt right to fifteen
shares, and being a citizen of the state, and not being a director of any other bank, shall
be eligible as a director ; but this qualification not to be necessary on the part of the
state directors ; and if any 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 the next meeting pass an order declaring him to be no longer a director.

Compensation 3d. The stockholders shall make such compensation to the president, as may appear

of the presi-

dent. to them reasonable.

How many di-

4th. Not less than nine* directors shall constitute a board for the transaction of bu-
fornTa board siness, of whom the president shall always be one, except in cases of sickness or neces-

8cc. ^____ , — — — — —

* See act of 1816, No. 54 ; which makes five directors a competent board, during the months of July,
August, September and October, in every year, provided they be unanimous.

BANKS, INCORPORATED. 1815. 89

sary absence, in which case his place may be supplied by any director, to be elected (No. 53. )
president pro tern, by a majority of the board present.

5th. A number of stockholders, not less than thirty, who together shall be proprie- Not less than

1. J J J re , , U 11 U 11 30 StOCkhold-

tOrS of two hundred and fifty shares or upwards, shall have power at any time to call ers, possessing

a meeting of the stockholders, for purposes relative to the institution, giving at least re 2J0 "

sixty days notice in a public gazette, in the city of Savannah, in the city of Augusta, sl,ares> shall

in Milledgeville, and at Washington and Athens, specifying in such notice the object or meeting-.

objects of such meeting. JJhf^SJ

Sec.

6th. The cashier of the bank for the time being, before he enters upon the duties of Cashier to give
1 • nr i „ 1 1 ' • 1 1 • 1 ..,.». . -r bond and se-

his office, shall be required to give bond with two or more securities, to the satisfaction curity.

of the directors, in a sum not less than fifty thousand dollars.

7th. The lands, tenements, and hereditaments which it shall be lawful for the said In what cases,
corporation to hold, shall be only such as shall be requisite for its immediate accommo- purposes, the
dation, in relation to the convenient transacting of its business, and such as shall have corPoration
been bona fide mortgaged to it by way of security, or conveyed to it in satisfaction of Pr°perty.
debts previously contracted in the course of its dealings, or purchased at sales upon
judgments which shall have been obtained for such debts.

8th. The total amount of the debts which the said corporation shall at any time owe, The corpora-
whether by bond, bill, note, or other contract, shall not exceed three times the amount three times
of their capital stock, over and above the amount of specie actually deposited in their ca^tal^st^k*"
vaults for safe keeping. In case of an excess, the directors under whose administration In case of ex-
it shall happen, shall be liable for the same, in their individual, natural and pri- directors ha-
vate capacities, and an action of debt may in such case be brought against them, ^ Seca*!
or any of them, their, or any of their heirs, executors, or administrators, in any court cities-
of record in the United States, having competent jurisdiction, or either of them, by any
creditor or creditors of said institution, and may be prosecuted to judgment and execu-
tion, any condition, covenant or agreement to the contrary notwithstanding. But this Property of
shall not be construed to exempt the said corporation, or the lands, tenements, goods tionalsoliable.
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 How absent,
contracted or created, or may have dissented from the resolution or act, whereby the dbectoSmay
same was so contracted or created, may respectively exonerate themselves from being b^ exonerat"
so liable, by having their dissent, if present, entered on the minutes of said corporation.

9th. The directors shall have power to issue to the subscribers their certificates of Stock, how

1 1*3 n sf c i* & b I <?
stock, which shall be transferable on the books of the cashier only by personal entry of

BANKS, INCORPORATED. 1815.

(No. 53.) the stockholder, his legal representative or attorney, duly authorized by special power
for that purpose.

The corpora-
tion not to be
concerned in
commerce,
&c.
Exception.

Goods, &c.
may be held
as pledges, &c.
in certain

10th. The corporation shall in no case, directly or indirectly, be concerned in com-
merce or insurance, or in the importation or exportation, purchase or sale of any goods,
wares, or merchandize whatever, (bills of exchange, notes, and bullion only excepted,)
except such goods, wares, or merchandize, as shall be truly transferred, conveyed, or
pledged to them by way of security, for money actually loaned and advanced,. or for
debts due to the said corporation, or purchased by them to secure such debts so due to
the said corporation, or to effect the insurance on the property that may belong to, or
be thus pledged to the said corporation for its security.

Bills, notes,
&c. to be sign-
ed by the pre-
sident, and
countersign-
ed by the
cashier, other-
wise the funds
of the bank
not liable.

11th. 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 pre-
sident, and countersigned or attested by the cashier of the said corporation; and the
funds of the corporation shall be in no case held liable for any contract or engagement
whatever, unless the same shall be so 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 inspectio'n of the board of directors and stockholders,
when convened according to the provisions of this act.

Dividends,
how and
when deter-
mined.

Capital stock
not to be im-
paired.

12th. Dividends of the profits of the corporation, or 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 the directors, at a meeting to be held for that
purpose, and shall in no case exceed the amount of the nett proceeds actually acquired
by the corporation, so that the capital stock thereof shall never be impaired.

Directors to
keep a book
of their pro-
ceeding's.

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 re-
quire it, the yeas and nays of the directors voting shall be duly inserted on their
minutes ; and these minutes be at all times, on demand, produced to the stockholders,
when at a general meeting the same shall be required.

Duration of 14th. The corporation shall exist and continue until the first day of January, one

thousand eight hundred and thirty-five ; and immediately after the dissolution of said

Its affairs, how corporation, effectual measures shall be taken by the directors last appointed and acting,
settled, after . . ... . r.

dissolution. for closing all the concerns of the corporation, and for dividing the capital and profits

which may then remain among the stockholders, according to their respective interests.

BANKS, INCORPORATED. 1815. gj

15th. The directors shall, within six months after said bank shall go into operation, (No. 53.)

establish an office of discount and deposit at the city of Augusta, and one at the town offices of dis-

r J ° count and

of Milledgeville, and wheresoever they shall think fit within this state, for the pur- deposit to be

. . . established at

pose of discount and deposit only, and upon the same terms, and in the same manner, Augusta and

as shall be practised at the bank which shall be established in Savannah, and to commit &^ e ^evi

the management of said offices, and the making of the said discounts, to such persons, How regulat-

. . ed
under such agreements, and subject to such regulations, as they shall deem proper, not

being contrary to law, or to the constitution of the bank ; and the amount of stock shall
be apportioned by the directors in the different offices, according to the exigences of
business, but each branch shall have as much of the stock ^as can be employed to ad-
vantage.

Sect. 9. And be it further enacted, That the commissioners in Savannah shall not The amount of

be at liberty to receive subscriptions for more than two thousand seven hundred at Savannah,

shares ; the commissioners at Augusta, for more than one thousand eight hundred lmuted-

_ Also at Au-

shares ; the commissioners at Milledgeville, for more than nine hundred shares ; the gusta.

commissioners at Louisville, for more than four hundred and fifty shares ; the com- Mllledgevi"e-

missioners at Greensborough for more than nine hundred shares; the commission- Greensboro'

ers at Washington, for more than four hundred and fifty shares ; the commissioners at Washington.

Sparta, for more than four hundred and fifty shares ; the commissioners at Lexington. sParta-

r . • Lexington.

for more than four hundred and fifty shares ; the commissioners at Waynesborough, for Waynesboro'.

more than four hundred and fifty shares ; nor the commissioners of Athens, for more Athens-

than four hundred and fifty shares.

Sect. 10. And be it further enacted, That a future General Assembly may, when- Legislature
ever they think it will be expedient, increase the capital stock to three millions of dol- Se^apha?86
lars, or to such sum as they may think proper, and the state shall, if they think proper, stock-
be entitled to subscribe for one half, or of such other part as they may think proper ;
and in case of the increase of the capital, there shall be books of subscription opened,
at such times and places as a future Legislature may direct, to subscribe for the in-
creased stock : Provided nevertheless, that if the whole number of shares apportioned to Proviso,
the above places be not subscribed for, then the commissioners at Savannah shall give
notice to fill up such deficiencies, at such place as they may think proper.

N 2

BANKS, INCORPORATED. 1815.

Sect. 11. And be it further enacted, That the trustees of the University of Georgia
shall have until the first day of January, one thousand eight hundred and seventeen,
to subscribe for one thousand shares, out of the six thousand herein reserved to the
state.

(No. 53.)

Trustees of
the university
may subscribe
for 1000
shares out of
those reserv-
ed for the
state.

Assented to, 16th December, 1815-

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

(No. 54.)

AN ACT

To amend An act to incorporate a Bank, to be called the Bank of the State of
Georgia, passed on the 16th of December, 1815.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That

How many di- five directors shall constitute a board competent to transact the business of the Bank

rectors m*iy

form a board, of the State of Georgia : Provided, they shall be unanimous, for and during the months

months^f the °^ Jub^ August, September and October, in every year, of whom the president shall

year- always be one, except in cases of sickness, or necessary absence, in4 which case his

Proviso.

place may be supplied by any director, to be elected president pro tern, by a majority

of the board present, any thing contained in any part of the above recited act to the

contrary notwithstanding.

No person of Sect. 2. And be it further enacted, That it shall not be lawful for any partner or
firm whose partners of a mercantile firm or house, who is, are or may be a director or directors
partner may 0f t^s ]3anjC) to j^q^ hjs or their appointment or appointments as a director or direc-

BANKS, INCORPORATED. 1316,1817. 93

tors of this bank, if any other partner or partners of said mercantile firm or house (No. 54.)
shall, at the same time, or any other time, hold an appointment or appointments as di- in any other

DflUK* Sit £111 Dv

rector or directors in any other bank.* a director in

this bank.

Assented to, 12th December, 1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

AN ACT (No. 55.)

To repeal the second section of an act passed on the \2th of December, 1816,
entitled, An act to amend an act to incorporate a Bank, to be called the Bank
of the State of Georgia, passed on tlw 16th December, 1815.

BE it enacted by the Senate and House of Representatives of the state of Georgia^

in General Assembly met. and it is hereby enacted by the authority of the same. That Tne second

v ' ? y u J -> section of the

the second section of the act passed on the twelfth of December, 1816, entitled, an act recited act

to amend an act. to incorporate a bank, to be called the Bank of the State of Georgia,

passed on the sixteenth of December, 1815, be, and the same is hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 27th November, 1817.

WILLIAM RABUN, Governor.

* This section repealed by an act of 1817, No. 55.

BANKS, INCORPORATED. 1818.

(No. 56.)

AN ACT

To incorporate the Bank of Darien.

Bank of Dari-
en established.
Capital stock.
How divided.

5000 shares
reserved for
the state.

State entitled
to appoint 5
directors.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
a bank shall be established in the town of Darien, the capital stock whereof shall not
exceed one million of dollars, divided into ten thousand shares of one hundred dollars
each, of which five thousand shares shall be reserved until the first day of -January,
one thousand eight hundred and twenty, on the original terms, then or at any prior
time to be taken by the state, according to the pleasure of the General Assembly;
whereby the state, at any subsequent election, shall be entitled to the appointment, of
five directors ; and if they be not then taken by the state, to be disposed of in manner
herein after provided and prescribed.

Subscriptions
to be opened
in Darien.

By whom su-
perintended.

Also, in Mil-
ledareville.

Dublin.

Clinton.

Watkinsville.

Hartford.

Eatonton.
Monticello.

Morgan Court-
house.

Sparta.
Sandersville.

Sect. 2. And be it further enacted by the authority aforesaid, That the subscriptions
for constituting and collecting the Capital stock of said bank, shall be opened in the
town of Darien, on the first of January next, under the direction and superintendance
of Thomas Spalding, Jacob Wood, William A. Dunham, Calvin Baker, and Philip R,
Young, a majority of whom shall be competent to the discharge of the duties hereby
devolved upon them ; Also, and for the same purpose, in the town of Milledgeville,
under the direction and superintendance of Robert Rutherford, Seaborn Jones, John
Howard, Zachariah Lamar, and John Lucas ; Also, and for the same purpose, in the
town of Dublin, under the direction and superintendance of Thomas Moore, Amos
Love, Neill Munro, John Thomas, and John Guiton ; Also, and for the same purpose,
in the town of Clinton, under the direction and superintendance of John Mitchell, Isaac
Harvey, Harrison R. Smith, Samuel Cook, and James Smith; Also, and for the same
purpose, in the town of Watkinsville, under the direction and superintendance of Joseph
Moss, Hezekiah Skovell, William Manly, Thomas R. Mitchell, and John Jackson ;
Also, and for the same purpose, in the town of Hartford, under the direction and super-
intendance of Duncan Ray, John Rawls, Peter Greene, Gray B. Gardner, and Eli Lester;
at Eatonton, under the direction and superintendance of Irby Hudson, William Wil-
kins, Willie Abercrombie, William Williams, S. W. Harris, and D. Newnan ; at Mon-
ticello, under the direction and superintendance of John Wilson, William Cook, Reuben
C. Shorter, and Robert Robey ; at Morgan Court-house, under the direction and super-
intendance of James Mitchell, William Johnson, Adam G. SafFold, Henry Cook, and
John Wingfield ; at Hancock Court-house, under the direction and superintendance of
Hugh Taylor, C. E. Haynes, John Lucas, and William G. Springer; at Sandersville,
under the direction and superintendance of Thomas B. Rutherford, Morgan Brown,

BANKS, INCORPORATED. 1818. 95

William A. Ferrille, William Rollins, and Benjamin Skrine ; at Lincolnton, under the (No. 56.)

direction and superintendance of Rem. Remson, Peter Lamar, and Lewis Stovall; Also, Lincolnton.

and for the same purpose, in the town of Marion, under the direction and superinten- Marion.

dance of Henry M. Terrell, Hope H. Slaughter, John Fleming, Jeremiah W. Ray, and

William Crocker ; also, and for the same purpose, in the town of Greensborough, under Greensbo-

rough,
the direction and superintendance of Daniel Sanford, Thomas W. Grimes, Thomas

Grier and Ezekiel Park ; Also, and for the same purpose, in the town of Irwinton, Irwinton.

Wilkinson county, under the direction and superintendance of Solomon Worrell, Allen

Denmark, David Rowland, William A. Beall, and Daniel Nolly ; at Columbia Court- Columbia

house under the direction and superintendance of Augustus Crawford, Marshall Keith,

Benjamin Leigh, and Zachariah Williams ; a majority of which commissioners, in each A majority of

of said mentioned places, shall be competent to the discharge of their duties. The ers competent

books of subscription shall be kept- open for the space of thirty days, during which time ° act-

..... Books, how

it shall and may be lawful for any person or copartnership, being citizens of the state of long to be

Georoia to subscribe for any number of shares, not exceeding one hundred, except as ep °pen*
VCU h ' . J ° " Citizens, &c.

herein provided for relative to the state: Provided, that if the whole number of shares of this state,

be not taken up within the said space of thirty days, then and in that case, it shall and fotanynum-^

may be lawful for any person or copartnership, being citizens of this state, corporation, ^ef of sh<"jes

or body politic established within the same, to .subscribe for any number of shares un- lt)0-

subscribed for; and the sums respectively subscribed for shall be payable in man- rovlso

* -J Shares re-

ner herein after prescribed and provided; and the stock to be subscribed for shall be maining after

apportioned in the manner following, viz : At Darien, fifteen hundred shares ; at Milledge- time, may be

ville, five hundred shares ; at Dublin, two hundred shares ; at Clinton, two hundred and ^jthout re- °'

fifty shares ; at Watkinsville, two hundred and fifty shares ; at Hartford, two hundred stnctl°n.

shares ; at Marion, two hundred shares ; at Greensborough, two hundred shares ; at stock to be

Irwinton, one hundred and fifty shares ; at Columbia Court-house, two hundred shares ; ^t thes & °\

at Eatonton, two hundred and fifty shares; at Monticello, two hundred and fifty shares ; places.

at Morgan Court-house, two hundred and fifty shares ; at Hancock Court-house, two a ien"

. MUledgeville,

hundred shares ; at Sandersville, two hundred and fifty shares ; and at Lincolnton, one &c.

hundred and fifty shares.

Sect. 3,. And be it further enacted, That should the present General Assembly not When the

stockholders
authorize the Governor to subscribe for the five thousand shares in said bank, to be re- may elect di-

served for the state till the year eighteen hundred and twenty, that the individual stock- DtoC°rS!i j"

holders, provided the subscription be filled, may proceed to the election of directors as business.

previously provided, and commence business at any time after the first of February

next.

Sect. 4. And be it further enacted by the authority aforesaid, That all those who Subscribers,
shall become subscribers to the said bank, their successors and assigns, shall be, and corporation.

BANKS, INCORPORATED. 1818.

(No. 56.) they are hereby created and made a corporation and body politic, by the name and

Their style,
And privi-
leges.

style of the Bank of Darien, and are*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 place whatsoever ; and also to make, have, and use a com-
mon seal, and the same to break, alter and renew at their pleasure : and also to ordain,
establish and put in execution such bye-laws, ordinances and regulations, as shall seem
necessary and convenient for the government of said corporation ; provided such bye-
laws, rules and regulations be not contrary to the laws and constitution 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 may or shall appertain to them to do, subject neverthe-
less to the rules, regulations, restrictions, limitations and provisions herein after pre-
scribed.

How many di-
rectors.

Annual elec-
tion by the
stockholders.

Directors to
choose a presi-
dent.

In case of his
death, resig-
nation, &c.
vacancy,
how filled.

Elections,
when regulat-
ed by the bye-
laws, &c.
Proviso.

Sect. 5. And be it further enacted by the authority aforesaid, That for the well or-
dering of the affairs of said corporation, there shall be ten directors, five of whom shall
be elected by the stockholders, and five by the state. The directors on the part of the
stockholders, after the first election herein after mentioned, shall, on the first Monday
in January, annually, be elected by the stockholders or proprietors of the capital stock
of the said corporation, and by plurality of the votes actually given in ; and those who
shall be duly chosen at any election shall be capable of serving as directors, by virtue
of such choice, until the end or expiration of the first of January next ensuing the time
of such election, and no longer; and the said directors, at their first meeting after each
election, shall choose one of their members as president, and in case of his death, re-
signation, removal from the state, or from the board of direction, the said directors
shall proceed to fill the vacancy by a new election for the remainder of the year : and
it is further provided, that in case it should at any time happen, that an election of di-
rectors should not be made upon the day, when pursuant to this act it ought to have
been made, the said corporation shall not 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 shall have been regulated by the rules and bye-laws of the said corporation :
And provided, that in case of the absence or removal of a director, his place may be
filled by a new choice for the remainder of the year by the remaining directors.

Forfeitures for
non-payment,
&c.

Sect. 6. And be it further enacted by the authority aforesaid, That if there shall
be a failure in the payment of any sum subscribed by any person, co-partnership or
body politic, when the same is required to be paid by this act, or when it shall be re-
quired to be paid by the directors, the share or shares on which such failure shall ac-
crue, shall for such failure be forfeited, and may be again sold and disposed of in such
manner as the directors shall order and provide, and the sums which m-ay have been
paid thereon shall enure to the benefit of the said corporation.

BANKS, INCORPORATED. 1818. 97

Sect. 7. And be it further enacted by the authority aforesaid, That the directors for (No. 56.)

the time being shall have power to appoint such officers and clerks under them, as shall Directors em-

& . . . powered to

be necessary for executing the business of the said corporation, and to allow them such appoint and

compensation for their services respectively as shall be reasonable, and shall be capable officers and

of exercising such other powers and authorities, for the well governing and ordering c erks' &c*

the affairs of said corporation, as to them shall appear conducive to the interest of the

institution.

Sect. 8. And be it further enacted by the authority aforesaid, That Thomas Spalding, Commission
Jacob Wood, Philip Young, William A. Dunham, and Calvin Baker, the committee authorized^
under whom the book of subscription shall be opened in Darien, shall, and it is hereby r^measuresto

their duty, to take the necessary measures for carrying the said bank into immediate carrythebank

s . into immedi-

operation ; and they are hereby authorized to call in twenty-five per cent., to be paid in -ate operation.

gold, silver, or such other money as is receivable in the treasury of this state, on the call in 25per°

amount of subscription, within sixty days after the passage of this act, giving public Noticjeto be

notice thereof in the public gazettes of Darien and Milledgeville for thirty days ; and §»en-

as soon as one hundred thousand dollars, in gold and silver, shall have been received $100,000 in

on account of the subscriptions for the said stock, they shall cause to be elected by the have beVnre-

stockholders, five directors, and the persons who shall be then and there chosen shall holders nT*"

be the first directors, and. receive from the said commissioners the monev which shall elect5direc-
, . • x J tors, who shall

be received by them. receive the

money from
the com-

Sect. 9. And be -it further enacted by the authority aforesaid, That the following pinXmlntal
rules, restrictions, limitations, and" provisions, shall form and be fundamental articles rules-
of the constitution of the said corporation :

1st. The number of votes to which each stockholder shall be entitled shall be ac- Votes appor-
cording to the number of shares he shall hold, in the following proportion, viz : for one fn°g to tiS"^
share, one vote ; for two shares, and not exceeding five, two votes ; for every five ™mheT of
shares above five, one vote ; Provided, that no person, corporation or body politic, shall No person en-
be entitled, in his, her or their own right, to more than thirty votes ; and after the first S^-.^K
election no share or shares shall confer a right of suffrage, which shall not have been
holden three calendar months previous to the day of election.

^ 2d. None but a stockholder, entitled in his own right to fifteen shares, and being a Qualification
citizen of this state, and not being a director of any other bank, shall be eligible as a of directors-
director; and if any one of the directors, after being elected, shall, at any time during whenadiree-
the term for which he shall have been chosen, cease to be a stockholder, his seat there- J^bet'stocE
upon shall become vacated : Provided, the above qualification be not necessary to the holder! his °
directors on the part of the state : Provided, that in case of a vacancy of any director pToWsT^

98 BANKS, INCORPORATED. 1818.

(No. 56.) on the part of the state, by death, resignation or otherwise, during the recess of the
Governor au- Legislature, then, and in that case, the Governor shall have the power of filling the va-

thonzed to nil A °

the vacancy of cancy, by appointing some fit and proper person.

any director

•n the part of the state, during- the recess of the legislature.

. ■

Compensation 3d. The directors shall make such compensation to the president for his service* as
of the presi- r

dent. shall appear to them to be reasonable-

What number 4th. Not less than five directors shall constitute a board for the transaction of busi-

shall consti-
tute a board of ness, of whom the president shall always be one, unless in case of sickness or necessary
^li rectors

absence, in which case his place may be supplied by any director, to be elected presi-
dent pro tern, by a majority of the board present.

Not less than 5th. Any number of stockholders not less than thirty, who together shall be proprie-
ers, possessing tors of two hundred shares or upwards, shall have power at any time to call a meeting
"ate 1200^S'rC" °^ t^ie stockholders, for purposes relative to the institution, giving at least sixty days
shares or public notice in the public papers, specifying in such notice the objects of such meeting;
a general and in every such meeting of the stockholders there shall be appointed by the Governor

meeting.

Notice to be tnree nt and proper persons, who shall have votes in proportion to the stock owned by
£lven- the state, to attend as representatives of the state's interest in said bank.

Governor shall

appoint three persons to represent the state at such meetings.

Cashier to 6th. The cashier of the bank for the time being, before he enters on the duties of

give bond and

security. his office, shall give bond, with two or more securities, to the satisfaction of the direc-

tors, in a sum not less than forty thousand dollars.

What real 7th. The lands, tenements and hereditaments which it shall be lawful for the said

property the . ' ......

corporation corporation to hold, shall be only such as may be requisite for its immediate accommo-

ay c ' dation, in relation to the convenient transacting its business.

Debts of the 8th. The total amount of the debts which the said corporation shall at any time owe,

exceed three whether by bond, bill, note, or other contract, shall not exceed three times their capital

times the stock, over and above the amount of specie actually deposited in their vaults for safe

In case of ex- keeping ; in case of an excess, this charter shall be deemed and considered as forfeited

forfeited and to a^ intents and purposes, and the directors under whose administration it shall hap-

the acting di- shall be liable for the same in their individual, natural and private capacities ; and

rectors mam- 1 ; ■ .

dually liable. an action of debt may in such case be brought against them, or any of them, their, or

any of their heirs, executors or administrators, in any court of record in the United
States, or of this state, having competent jurisdiction, or either of them, by any credi-
tor or creditors of said institution, and may be prosecuted to judgment and execution,

BANKS, INCORPORATED. 1818. 99

any condition, covenant or agreement to the contrary notwithstanding : but this shall (No. 56.)

not be construed to exempt the said corporation, or the lands, tenements, goods and Tixe1 ProPert>

1 l - • , ° of the corpo-

chattels of the same, from being also liable for and chargeable with the said excess ; ration also
and such of the said directors who may have been absent when the said excess was In what w

contracted or created, or mav have dissented from the resolution or act wherebv the absent and

t J dissenting di-

same was so contracted or created, may respectively exonerate themselves from being rectors may

.. . exonerate

so liable, by having their dissent, if present, entered on the minutes of the said corpo- themselves

from liability,
ration.

9th. The directors shall have power to issue to the subscribers their certificates of stock, how
stock, which shall be transferable on the books of the cashier only by personal entry of
the stockholder, his legal representative or attorney, duly authorized by special power
for that purpose.

10th. The corporation shall in no case, directly or indirectly, be concerned in com- Corporation
merce or insurance, or in the importation or exportation, purchase or sale, of any goods, concerned in
wares or merchandize whatever, (bills of exchange, notes and bullion only excepted,) commerce>&c'

except such goods, wares or merchandize as shall be trulv transferred, conveved or „ , *'

x " J t j Goods, wares

pledged to them by way of security for money actually loaned by them and advanced, and merchan-
, . . . dize may be

or tor debts due to the said corporation, or purchased by them to secure such debts so held as securi-
due, or to effectjnsurance on the property that may belong to or be thus pledged to the cases!1 °ertam
said corporation for its security.

11th. The bills obligatory and of credit, notes and other contracts whatever, shall be Bills, notes,
binding and obligatory upon said corporation ; provided the same be signed by the pre- bahk°to be
sident, and countersigned or attested by the cashier of said corporation; and the funds pSdent7 and

of the corporation shall be in no case held liable for any contract or engagement what- countersigned

,,,. ° by the cashier,

ever, unless the same be so signed and countersigned or attested as aforesaid ; and the otherwise the

books, papers and correspondence shall at all times be subject to the inspection of bSnftUable

the board of directors and stockholders, convened according to the provisions of Boo.ks> &c'

, . or subject to the

tnlS act. inspection of

the board and
stockholders.

12th. Dividends of the profits of the corporation, or so much thereof as shall be Dividends,
deemed expedient and proper, shall be declared and paid half-yearly," (the first half year detrmfnld.^
after the bank shall have been in operation excepted ;) and the said dividends shall, Capital stock
from time to time, be determined by a majority of the directors, at a meeting to be held paired ^ "*
for that purpose, and shall in no case exceed the amount of the nett proceeds actually
acquired by the corporation, so that the capital stock thereof shall never be im-
paired.

O 2

XOO BANKS, INCORPORATED. 1818.

(No. 56.) 13th. The directors shall keep fair and regular entries, in a book to be procured for

A book to be tnat purpose, of their proceedings, and on any question^ when two directors shall re-
kept in which . . . .

the directors quire it, the yeas and nays of the directors voting shall be duly inserted on their mi-
stisll tenter

their proceed- nutes, and these minutes to be at all times, on demand, produced to the stockholders,

mSs> c- when at a general meeting of the same it shall be required.

Duration of 14th. The corporation shall exist and .continue until the first day of January, one

tionCOiP° " thousand eight hundred and thirty-seven: and immediately after the dissolution of the

The affairs of said corporation, effectual measures shall be taken by the directors last appointed and

how settled acting, for closing all the concerns of the corporation, and for dividing the capital and

profits which may then remain owing the stockholders, according to their respective

interest.

after dissolu-
tion.

An office of 15th. The directors shall, within six months after said bank shall go into operation,

deposit to be establish an office of discount and deposit in the town of Milledgeville, and one at some
established in convenient place contiguous to the Ocmulgee, within two years from the time the said
8qc. bank shall go into operation, for the purpose of discount and deposit only, and upon the

same terms and in the same manner as shall be practised at the bank which shall be esta-
blished in the town of Darien ; and at any time thereafter, to establish any one or more offi-
ces of discount and deposit, at any other place or places, at the discreton of the directors,
How regulat- or a majority of them, and to commit the management of said offices to such persons,
under such agreements, and subject to such regulations as they shall deem proper, not
contrary to law, or to the constitution of the bank ; and the amount of stock shall be appor-
tioned by the directors in the different branches, according to the exigencies of business.

Notesdiscoun- Sect. 10. And be it further enacted, That all notes discounted by said bank shall

ted to be made ^e made pavable at the office where they are offered; and if the indorser or indorsers
payable at the r J J

office where live without the limits of the town where said bank or office of discount may be esta-

tflf V SLT6 OTTCr~

ed. blished, they shall be held and bound for the payment of the note, without any demand

Demand and Dem£ made of the drawer, or notice of its non-payment being served on them,
notice not ne- ° » r J o

pessary where

the indorsers live out of town.

Subscriptions, Sect. 11. And be it further enacted by the authority aforesaid, That the sums respec-
tively subscribed for shall be payable in the manner following, viz. twenty-five per
centum as before specified, and the remainder of the sum so subscribed at such time or
times as the directors of the said bank may require and direct; provided that sixty days
notice of the time at which payment is required to be made be given in the public ga-

Capital may zettes of Darien and Milledgeville ; and nothing herein contained shall prevent any

by the legis- future legislature from increasing the capital of this bank, if deemed necessary, to the

giooo 000. amount of one million of dollars more.

BANKS, INCORPORATED. 1818. 101

Sect. 12. And be it further enacted, That notes issued by the mother bank shall be (No, 56.)

made payable at the same, and the notes issued by any of its offices of discount and ^ott?s lssuf^

deposit, shall be made payable at said offices ; and if the bank, or either of its offices of bank payable

. . . . . at the same.

discount and deposit shall at anytime fail or refuse to redeem their notes in specie, and Notes issued

the same shall be protested before any notary public, the Legislature may direct its pro- banks6 to be

securing officer to commence an action, in any court having competent jurisdiction there- Payable at

of, for such violation, and on the fact being established, the charter may be declared Charter for-
r . • .... . . feited upon

and considered forfeited : Provided, that nothing herein contained shall prevent said any failure of

corporation, in case of a forfeiture of their charter, from suing and collecting, in their bank and its

corporate capacity, all debts previously due them, and of being sued and compelled bnuiches to

to pay all debts due by said corporation. notes with

specie.
Proviso.

Sect. 13. And be it further enacted, That the persons and property of stockholders in Stockholders
~ ■ m \ individually

said bank shall be pledged and bound, in proportion to the amount 'of the value of responsible

shares that each individual or company may subscribe for or hold in said bank, for the 0f tne bank

ultimate redemption of the bills or notes issued bv and from said bank, in the same ,n proportion
1 i- J 'to the shares

manner as in common commercial cases, or simple actions of debt, and that the state be held by each.

. r • - State pledged

pledged for the ultimate redemption of the bills or notes of said bank, in proportion to for the re-

the amount of the value of shares that shall or may be subscribed for and held by said tbe notes of

t t the bank, in

autL proportion to

the shares it
may hold.
Sect. 14.. And be it further enacted, That Avhen any other bank, company, or corpo- when any

ration, shall apply at this bank, or any of its offices of discount and deposit, and demand ^™ ' *C"

specie in payment of the bills or notes, which said bank, company or corporation may fie °fPthls

hold on this bank, the said notes or bills shall and may be paid off, in the whole or a of its bills,

part, by this bank, or such of its offices of discount and deposit, in notes or bills which be paid off in

this bank, or such of its offices of discount and deposit may hold upon such bank, com- "he^ank^mak-

pany or corporation ; and the cashier of this bank, or such of its offices of discount and ™S su.ch aP"

. . plication,

deposit, may, if he requires it, demand an oath in writing of the person presenting said Any person

bills or notes for payment, that such notes or bills, so presented for payment, are not the P^s^ntinS

property of any other bank, company or incorporation. ment, may be

make bath that said bills do not belong to any bank, &c.

Sect. 15. And be it further enacted, That it shall be the duty of the president and Notes at nine-
directors of the mother bank, and each of its offices of discount and deposit, to discount discounted,6
notes at ninety days, without requiring that the drawer, or any one of the indorsers, j^"? and6

should be residents of the town in which such bank or branch may be located ; Provided, indorsers may

live in the
said note or notes should be, in the opinion of the president and directors, safely and country.

sufficiently endorsed. Proviso,

102

BANKS, INCORPORATED. 1818, 1819.

The corpora-
tion to be un
der the con-
trol of the
legislature.

(No. 56.) Sect. 16. And be it further enacted, That nothing contained in this act shall be so
construed as to take the power of controlling said institution out of the Legislature ;
but the Legislature shall at all times have the power of arresting or suspending said
charter, whenever it shall be made appear that the said incorporation has not complied
with all or any of the aforegoing provisions.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

Assented to, 15th December, 1818.

WILLIAM RABUN, Governor.

(No. 57.)

AN ACT

Providing for the payment of instalments now due, and hereafter to become due,
on stock in the Bank of Darien, and vesting certain funds in the stock of said
Bank.

A part of the
free school
fund to be
vested in Da-
rien Bank
stock.

§100,000 of
the internal
navigation
fund to be so
vested.

A sum appro-
priated for fu-
ture instal-
ments.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That his excellency the Governor be, and he is authorized and required to vest in said
stock the sum of one hundred thousand dollars, of the fund heretofore set apart for
the establishment and support of free schools ; and that his excellency aforesaid be, and
he is authorized and required to vest in said stock, the sum of one hundred thousand
dollars of the funds heretofore set apart for the improvement of the internal navigation
of this state.

Sect. 2. And be it further enacted, That the further sum of one hundred and seventy-
five thousand dollars be, and the same is hereby appropriated, to be drawn for from
time to time, as future instalments shall be required.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

Assented to, 18th December, 1819.

C ios ]

BANKS, UNCHARTERED, AND CHANGE BILLS.

AN ACT*

To prevent the circulation of notes emitted by unchartered banks, and the issuing
of due bills of certain descriptions, and to compel the chartered banks of this
state to resume specie payments, whenever the Bank of the United States, and
the banks of the adjoining states, shall commence specie payments ; and also to
require of them to redeem their notes, under five dollars, with specie or change
bills issued by some one of said chartered banks.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

same, That from and after the passage of this act, it shall not be lawful for any asso- Unchartered

ciation or company of persons, within this state, not having a charter incorporating such t ° issu^en-"0

association or company, and vesting them with authority to trade or deal as a bank, to Yv\\ A°\\*

issue, or cause to be issued, put into circulation, or cause to be put into circulation, any or a larger

, - sum.

engraved note or bill, intended to represent a bank note, for the sum of two dollars, or

for any greater sum, whether payable to bearer or order, or made payable in any other

manner. And it shall be lawful for any person holding any such engraved note or bill, 25 per cent.

issued after the passage of this act, to recover thereupon, from the person or persons on such notes

issuing or signing the same, on warrant or summons, before a justice of the peace, or ove,randaboye

by suit in any court of law of this state, having jurisdiction thereof, twenty-five per

centum over and above the full amount for which such engraved note or bill may be

given..

* See act of 1818, No. 59, altering and amending this act. Also act of 1818, No. 60, on the subject of
change bills, and bills issued by unchartered banks. See also the tax acts of 1817-18-19.

104

BANKS, UNCHARTERED, AND CHANGE BILLS. 1816.

And whereas, a practice pernicious to the community has prevailed with corpo-
rate bodies, companies and individuals in this state, of putting in circulation small
notes or due bills, to supply the deficiency of change ; which pernicious practice is cal-
culated to defeat the object it proposes to remedy, by expelling from circulation the
small coins, and is productive of other serious evils : for remedy whereof,

(No. 58.)

Preamble to
section 2d.

Treble the
amount reco-
verable upon
all change bills
for less than
g2, (except
those issued
by the incor-
porated
banks.)

How reco-
verable.

Sect. 2. Be it enacted by the authority aforesaid, That if any person or persons,
body politic or corporate, (other than the incorporated banks of this state,) shall
after the passage of this act issue, or cause to be issued, put into circulation, or cause
to be put into circulation, any engraved or printed note, due bill, ticket or change bill,
evidencing, or intended to evidence, that any sum less than two dollars is due, or will
be paid, to any person receiving or holding such engraved or printed note, due bill,
ticket or change bill, or to any other person, it shall be lawful for- any person holding
such engraved or printed note, due bill, ticket or change bill, to recover thereupon three
times the amount thereof, either from the person or persons, company, body politic or
corporate, who shall put into circulation, or cause to be put into circulation, such en-
graved or printed note, due bill, ticket or change bill, or from any person who may
have signed or countersigned the same. Such recovery to be had by warrant or sum-
mons, before a justice of the peace ; and on the trial of every such warrant or summons,
if the note, due bill, ticket or change bill, be in part or in whole engraved or printed, it
shall be conclusive evidence of an intention to violate this act.

The amount
of such change
bills hereto-
fore issued to
be returned
upon oath to
the tax receiv-
er by the per-
sons, &.c. who
issued them.

20 per cent,
thereon to be
paid to the
tax collector.

Forfeiture for
not making1 re-
turns.

How reco-
verable.

Treble the
amount reco-
verable hf
persons hold-
ing change
bills not re-
turned.

Sect. 3, And be it further enacted, That where such printed or engraved notes, due
bills, tickets or change bills, have heretofore been issued within this state, for any
amount less than two dollars each, it shall be the duty of the person or persons, body
politic or corporate, (other than the incorporated banks,) issuing or signing the same, to
make due return upon oath, on or before the first day of June next, to the receiver of
tax returns of their respective counties,' of the amount of such notes, due bills, tickets
or change bills, in circulation, (to the best of their knowledge,) at the time of making
said return ; and shall pay to the tax collector of the proper county 20 per centum on
the amount aforesaid ; and on failure to make such return as is herein required, the per-
son or persons, company, body politic or corporate, so neglecting, shall forfeit and pay
the sum of five hundred dollars for the use of this state ; to be recovered as is prescrib-
ed in cases of executions issued by tax collectors of this state ; which executions may
be issued against, and levied on the individual property of any or all the parties con-
cerned. And it shall moreover be lawful for any person holding the note, due bill,
ticket or change bill of any person or persons, company, body politic or corporate, so'
taxed, who may have omitted to make the return on oath to the tax receiver, as required
by this act, to recover by warrant or summons, before a justice of the peace, from the
person or persons, company, body politic or corporate, who have issued or signed such

BANKS, UNCHARTERED, AND CHANGE BILLS. 1816. 105

note, due bill, ticket or change bill, treble the amount thereof: Provided, that where the (No. 58.)
same notes, due bills, tickets or change bills, have been signed or issued by different per- Proviso,
sons, the faithful return of the amount in circulation, and the payment of the tax by either
of the signers or issuers, shall exonerate all other persons concerned in signing or issuing
such particular parcel of notes, due bills, tickets or change bills, from the penalties impos-
ed by this act against those neglecting to make return of the notes, due bills, tickets or
change bills, subject to taxation.

Sect. 4. And be it further enacted, That the incorporated banks of this state be, and Banks of this
, . . . state to pay

they are hereby required to pay specie for their notes in circulation, whenever the Bank specie, when

of the United States, and the banks of the adjacent states, shall commence specie pay- Bank 'and

ments ; and for the purpose of supplying, in the mean time, a proper circulating medium others shall do

of change, it is hereby required of the several incorporated banks in this state to pay, #\\]s under

after the 20th February next, all notes issued by them under the amount of five dollars, £ve d.°.11.arsto

J J 'be paid in spe-

in specie, or in small bills issued by some one of said incorporated banks, under the cie, or small

change bills
amount of one dollar, whenever any person presenting notes of the denomination first of incorporat-

aforesaid, shall demand change ; and on failure of either of the incorporated banks of 25

this state to pay specie for their notes, when the bank of the United States, and the interest reco-
verable upon
banks of the adjoining states, shall commence specie payments ; or on their refusal, or bills protested

the refusal of any one of them, to pay out small change as aforesaid, it shall be lawful ment, agreea-
for any person holding the notes of either of said banks, for which such payment is re- bly to thlsact
fused, to have such notes protested for non-payment before a notary public, and to re-
cover interest on the same from the date of such protest, until paid in specie or small
change, as the case may be, at and after the rate of twenty-five per centum per annum.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 19th December, 1816.

D. B. MITCHELL, Governor.

106 BANKS, UNCHARTERED, AND CHANGE BILLS. 1818.

(No. 59.) AN ACT

To alter and amend an act, entitled " An act to levy a tax for the support of
government, for the political year 181 6" passed on the IQth December, 1815;
and also to alter and amend an act passed on the 19th December, 1816, entitled
"An act to prevent the issuing of notes emitted by unchartered Banks," and for
other purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the

issuers of same, That all and every person or persons, who may have incurred the penalty of five

change bills # .; ■ .. r J

relieved from hundred dollars under either or both of the above recited acts, be, and they are hereby

the forfeitures l , ■- ,, .-, '-. .., ,. t, .1 - "•■'"» ,

incurred un- exonerated, released and lully discharged trom the same, except such persons as conti-

der thereot- nue(j to issue or circulate change bills after the first of March, 1817, who shall make

CCi 3.CTS.

Exception. oath of the fact before some justice of the peace, or of the Inferior Court: Provided,

Oath to be said person or persons do, on or before the first day of January next, make a return,

made.

p • under oath, to the best of his, her or their belief, to the tax collector of their respective

Returns to be counties, of the amount of change bills which he, she or they had in circulation on the

first day of January, 1816, and on the first day of January, 1817; And provided also,
20 per cent, that such person or persons shall and do, at the time of making said return, pay to the
taxtobepaid- said tax couectors respectively twenty per centum upon the amount so in circulation,

and shall also pay all legal costs which may have accrued thereon.

Persons in de- Sect. 2. And be it further enacted by the authority aforesaid, That in all cases
bond and se- where the person or persons so in default shall tender to the proper officer a bond, with
f e^th re sufficient security, to comply with the foregoing provisions of this act, it shall be the
property. duty of such officer to surrender up the property which he may have levied upon, and

also to discontinue all further proceedings thereon, until after the first day of January

next.

Tax collector Sect. 3. And be it further enacted by the authority aforesaid, That it shall be, and
returns^and' *s nereby made the duty of the tax collector of each county, when proper application

administer the shall be made to him, to receive said returns, and to administer said oath.

oath. '

BANKS, UNCHARTERED, AND CHANGE BILLS. 1818.

107

Sect. 4. And be it further enacted by the authority aforesaid, That all laws and (No. 59.)
parts of laws militating against this act, be and the same are hereby repealed. clause. "S

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

* President of the Senate.

Assented to, December 8th, 1818.

WILLIAM RABUN, Governor.

AN ACT

(No. 60.)

More effectually to prevent the evils of private banking, and to stop the issuing
and circulation of the bills and notes of unchartered Banks, private bankers:
and the bills and notes usually called change bills.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That it shall not be lawful for any person, association of persons or body corpo- Unchartered
rate, from and after the first day of January, eighteen hundred and twenty, to keep any Pi"vateabank-
banking house, room* shop or office, office of discount and deposit, or of discount only, inS prohibit-
or of deposit only, or any room, house, shop or office, for the purpose of carrying on
any kind of banking, or operations which incorporated banks are authorized by law to
carry on, or to issue, emit, circulate, lend, pass, pay or tender in payment, as private
bankers, any bills or promissory notes of private bankers, incorporated or unincorpo-
rated banks or banking companies, copartnership or association, by whatsoever name
it may be called, unless thereto specially authorized by law ; and in case any person or
persons, copartnership, association or body corporate, shall contravene the foregoing-
provisions, every such person or persons, and every member of such copartnership, as-
sociation or body corporate, who shall, either directly or indirectly, assent thereto, shall
forfeit the sum of one thousand dollars, to be sued for in the name of the state of Geor
gia, by the attorney general or solicitor general in the several circuits, and reco
vered by an action of debt or on the case, in any court of competent jurisdiction in How recover-
this state, with costs ; and one half of said forfeiture, when recovered, shall be paid to one half to the

the use of the state, and the other half to the use of the informer ; and everv dav during state ; the,

J J o other to the

which, or during any part of which, such prohibited banking house, room, shop or informer,
office, is kept open, or such prohibited business, or any of it, transacted therein, shall

P 2

Forfeiture for
breaches of
this law.

108 BANKS, UNCHARTERED, AND CHANGE BILLS. 1818.

,* ... i . . ' . — i. • • ..... . ■ ■.n.^.-,,

(No. 60.) constitute a hew, separate and distinct offence, and shall be liable to a new, separate

What shall anc| distinct penalty; and every promissory note discounted, and every note or bill in

parate and dis- the likeness of a bank note or bill, whether payable to order or bearer, or in whatever
tinct breaches. . . . •.

shape or terms the same be conceived, which shall be so as aforesaid issued, emitted,

circulated, lent, passed, paid or tendered in payment, contrary to the spirit, true intent

and meaning of this act, shall constitute a new, separate and distinct offence, and shall

be liable to a new, separate and distinct penalty.

On the failure Sect. 2. And be it further enacted, That from and after the first day of January,

of any person, e}ghteen hundred and twenty, if any incorporated company, not authorized by law to

thorized to issue bills and notes, unincorporated bank, or any private banker, banking company, co-
issue bills, to + .*•■_■-.',
pay their bills partnership or association, by whatsoever name the same may be called, shall refuse or

bills of the1 neglect to pay on demand, in gold or silver, or in bills of any chartered bank of Geor-
chartered ^^ an^ ^j Qr ]^[\\s issuecj by such incorporated company, unincorporated company, co-

state, the partnership or association, by whatsoever name the same may be called, issued, paid and

holder may .

recovers^ per loaned, after the first day of January, eighteen hundred and twenty, shall be liable to

montlf there- Pay to tne holder of such bill or bills, note or notes, two and a half per cent, per month,

on- upon the amount of bill or bills, note or notes, so demanded, to be recovered by action

How recover- . _ ..... . . .

ed. of debt or on the case, in any court ol competent jurisdiction ; and in any such action

so brought by the holder of any bill or bills, note or notes, so demanded, and so refused

to be paid in gold or silver, for two and a half per cent, per month, on the amount of

Defendant not said bill or bills, note or notes, and for the amount of said bill or bills, the defendant or

plead non- defendants shall not be allowed to plead or avail him or themselves, in any state of said

joinder, &c. ^.^ q£ ^ non_j0incier 0f other partners, joint promissors or contractors, but the suit

or action shall proceed against the person or persons sued, as if he or they alone had

promised or contracted; and the private and individual property of the defendant or

defendants shall be subject to the execution issuing upon such suit or action.

No part of this Sect. .3. And be it .further enacted. That nothing herein contained shall authorize

law to author- , . • , • r u 1 V

ize the esta- any person or persons, copartnership, association oi persons or body corporate, not

WishmenMsc. speciaHy. authorized by law, who had not kept an office of deposit and discount, or dis-

oruncharter- count only, or who had not emitted, circulated, lent, passed and paid, bills and notes,

ed bank. ■ ' , ' . -' ' , • _ _ - ,

as bankers or discounters, previous to the first day of November, eighteen hundred and

eighteen, to keep any office of discount and deposit, or discount only, or to emit, cir-
culate, lend, pass or pay, any bills and notes, or bills or notes ; but if any person or
persons, copartnership, association of persons or body corporate, not specially authorized
by law, who had not kept an office of discount and deposit, or discount only, or who
had not emitted, circulated, lent, passed and paid, bills and notes, as bankers or dis-
counters, previously to the first day of November, eighteen hundred and eighteen, shall
keep an office of discount and deposit, or discount only, or shall emit, circulate, lend,

BANKS, UNCHARTERED, AND CHANGE BILLS. 109

pass or pay, as bankers or discounters, any bills and notes, or bills or notes, after the (No. 60.)
first day of March, eighteen hundred and nineteen, such person or persons, copartner-
ship, association of persons or body corporate, shall forfeit the sum of one thousand Forfeiture for
dollars, to be sued for and recovered, and vested as the forfeiture in the first section of the foregoing
this bill ; and every day during which, or any part of which, such prohibited office of prc
discount and deposit, or discount only, is kept open, or such prohibited business, or any
part of it, transacted therein, shall constitute a new, separate and distinct offence, and
shall be liable to a new, separate and distinct penalty ; and every promissory note dis-
counted, and every note or bill in the likeness of a bank note or bill, whether payable
to order or bearer, or on demand, or in whatsoever shape or terms the same may be
conceived, which shall be so as aforesaid issued, emitted, circulated, lent, passed, paid,
or tendered in payment, contrary to the spirit, true intent and meaning of this act, shall
constitute a new, separate and distinct offence, and shall be liable to a hew, separate and
distinct penalty.

Sect. 4. And be it further enacted, That if any person or persons, copartnership, as- Penalty for
sociation of persons or body corporate, not specially authorized by law, shall, after the changelbills
first day of October next, issue, emit or lend, any bill or note, under the specified value jni] one
of one dollar, such person or persons, copartnership, association of persons or body,
shall forfeit the sum of one hundred dollars for each bill or note so issued, emitted or
lent, to be sued for, recovered and vested, as the forfeiture mentioned in the first sec-
tion of this act.

Sect. £. And be it further enacted, That all laws or parts of laws, repugnant to this, Repealing-
be and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor,

110

BANKS, UNCHARTERED, AND CHANGE BILLS. 1819.

(No. 61.)

AN ACT

Mark Donald
Clark and
Matheson re-
lieved from
the penalties
of the recited
acts, upon
certain condi-
tions.

To relieve certain persons, who are hi default as change bill issuers, herein
mentioned, from the penalties incurred by the acts of eighteen hundred and
sixteen and eighteen hundred and seventeen.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Mark Donald Clark, who petitions for self and Matheson, to be relieved from the
penalty imposed upon them as change bill issuers, in the year eighteen hundred and
sixteen, and as defaulters in the year eighteen hundred and seventeen ; that from and
after the passing of this act, the said Mark Donald Clark and Matheson are fully ex-
onerated, released and discharged from the fine or" fines which they have incurred, un-
der either or both of the acts as above mentioned, upon the payment of twenty per
centum upon the sum of three hundred and fifty dollars, with eight per centum interest
on the same from the time of first incurring such penalty or penalties.

Their proper-
ty to be
restored.

Sect. 2. And be it further enacted by the authority aforesaid, That all the property
which has or may now be seized, or that has become subject by execution or otherwise,
under the laws of eighteen hundred and sixteen and eighteen hundred and seventeen,
belonging to the said Clark and Matheson, shall be restored to them, upon the payment
of all costs which have accrued, and the receipt of the treasurer of this state, or of the
tax collector in such county where they have become subject as defaulters, being pro-
duced to the officer having such property in possession ; any law or resolution to the
contrary notwithstanding be and the same are hereby repealed, with respect to the per-
sons herein mentioned.

DAVID ADAMS,

Speaker of the House of Representatives,

• MATTHEW TALBOT,

President of the Senate.

Assented to, 23d November, 1819.

JOHN CLARK, Governor.

BANKS, UNCHARTERED, AND CHANGE BILLS. 1819. m

AN ACT (No. 6

For the relief of the City Council of Augusta, and other change bill issuers therein

mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Gear-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
the city council of Augusta be, and they are hereby liberated and exonerated from all The city
the pains and penalties of an act passed the sixteenth day of December, 1815, and all Augusta re-
amendatory acts to said act, laying a tax on issuers of change bills, any thing in the certain penal-
said acts to the contrary notwithstanding. ties-

Sect. 2. And be it further enacted by the authority aforesaid, That the Change Company The Change

of Augusta and Cosby Dickinson of said city, be, and they are hereby relieved from Augustafand

the penalties of said before recited acts ; Provided, they shall, on or before the first dav Cost)y Dlckin*

x . son relieved

of January next, make a statement on oath to the receiver of tax returns of the county from certain

of Richmond, in conformity to the law passed in 1818, and in ten days thereafter pay to curred as

the tax collector of said county the tax as required by said law. issuers, *

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 21st December, 1819.

JOHN CLARK, Governor,

Law Library

[ 112 ]

BOAT HANDS.

AN ACT

Preamble.

Owners of
boats running
from Augusta
to the head
waters of Sa-
vannah river
required to
give a bill of
lading, &c.
which may be
examined by
any free white
person.

Penalty for
not furnishing
such bill of
lading, and for
the pati"oon's
not showing
it.

How disposed
of.

For the better regulation of Boats and Boats' Crews navigating the Savannah
River, from the city of Jlugusta to the head waters of said river.

WHEREAS, the inhabitants of this state, residing on or near Savannah river, com-
plain of serious injuries inflicted on their rights and property by boats' crews navigat-
ing the waters aforesaid : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority, of the same, That
from and after the first day of January next, it shall be the duty of all owners or agents
of boats employed in the navigation of the aforesaid waters, to grant to each and every
boat respectively, previous to its departure from the landing or wharf, a certificate or
bill of lading, showing its destination and contents, the name of its patroon and con-
signee, which certificate or bill of lading shall at all times be subject to the examination
of any free white person or persons requiring the same.

Sect. 2. And be it further enacted, That if any owner or agent as aforesaid shall
neglect or refuse to furnish the certificate or bill of lading required by this act, or the
patroon, upon application, or being required by any free white person as aforesaid, shall
refuse to exhibit his certificate or bill of lading as aforesaid, the owner of such boat or
boats shall, for every such refusal or neglect, be liable to indictment in the Superior
Courts of this state, and on conviction thereof forfeit and pay the sum of fifty dollars,
one half thereof to the use of the informer, and the other half to the use of the countv
where such conviction shall take place.

BOAT HANDS. 1815. 113

Sect. 3. And be it further enacted, That owners of boats navigating the waters (No. 63.)
aforesaid, shall be liable and compelled to pay for all pillages and thefts committed by gSta^^J
their respective crews, on conviction of the offender or offenders. of'thd^bo^

hands.

Assented to, 4th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor.

AN ACT* (No. 64.)

To 'prevent Boat owners or Patroons from permitting Boat hands, or other ne-
groes, from trafficking in corn or other produce, or from carrying the same to
market on board of the boats accustomed to navigate the river Savannah, between
Augusta and Savannah.

WHEREAS, the practice of permitting negroes on board of the boats navigating the Preamble,
Savannah river, to carry corn, cotton, or other produce to market, as their own property,
has been found, by fatal experience, to be an encouragement of theft : And whereas, it
is right and proper, that such encouragement should not any longer be held out to this
description of persons : for remedy whereof,

Sect. 1. BE it enacted by trie Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the

same, That from and after the passing of this act, it shall not be lawful for any owner Boat hands

rr • • not suffered to

or patroon of a boat to suffer or permit any boat hand or negro, being a slave, to put put on board

on board their boat, whereof he is owner or patroon, any corn, cotton, peas, or other duce^r to °

article of produce, as the property of such boat hand or negro, for the purpose of car- traffic therein

rying the same to Savannah or elsewhere to market, or for sale ; nor shall such owner

or patroon suffer the boat hands, or other negroes, being slaves as aforesaid, on board

* This act altered, and extended by act of 1817, No. 65.

114

BOAT HANDS. 1816.

(No. 64.) of their boat or boats, to barter or trade, the one with the other, in any article of pro-
duce as before enumerated, under any pretext whatever.

Boat owners Sect. 2. And be it further enacted by the authority aforesaid, That any owner or

or patroons,

suffering vio- patroon, offending against the provisions of the first section of this act, shall be subject

foregoing- pro- to indictment in the Superior Court of the county in which the offence shall be com-

t^finelTd mitted J and upon conviction thereof, shall be fined or imprisoned, or both, at the dis-

imprisonraent. cretion of the court before whom such indictment shall or may be tried.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

(No. 65.)

AN ACT

To alter and extend an act, entitled An act to prevent Boat owners or Patroons
from permitting boat hands, or other negroes, from trafficking in corn or other
produce, or from cairying the same to market on board of the boats accus-
tomed to navigate the river Savannah, between Augusta and Savannah.

The provi-
sions of the
recited act ex-
tended to all
navigable ri-
vers, &c.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and immediately after the passing of this act, the before recited
act shall be held, deemed and considered in full force, from Augusta to the head navi-
gation of Savannah and Broad rivers, and in all the rivers that now are, or hereafter
may be, made navigable in this state.

Penalties of
the recited
act extended,
Sec. &c.

Sect. 2. And be it further enacted by the authority aforesaid, That if any owner or
patroon of any boat, accustomed to navigate between the head navigation of said Sa-
vannah and Broad rivers to Augusta, or in any other river that now is, or hereafter may
be made navigable in this state, shall offend against the first section of the before recited
act, shall be subject to all the pains and penalties contained in the second section of
said act.

BOAT HANDS. 1817.

115

Sect. 3. And be it further enacted, That all or any offence against this act, or the (No. 65.)

one to which it is amendatory, shall be tried and punished in any or either of the coun- Offences

c ' ' • rr -i against this

ties of this state, adjoining the water-course on which the offence was committed. and the recit-

ed act, where
to be tried.

Sect. 4. And be it further enacted, That the aforesaid act shall be held, deemed and Extending
considered as extending to all rivers that now are, or hereafter may be made navigable
in this state.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 10th December, 1817,

WILLIAM RABUN, Governor,

Q 2

C 116 ]

BRIDGES, TOLL.

AN ACT

To secure to Sarah McLeod the exclusive light and privilege of erecting a Bridge

over the Ohoope* river.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
A toll bridge gia, in General Assembly met, and by the authority of the same, That the exclusive right
ed across and privilege of building a bridge over the river Ohoopee, at or near where a ferry is

S hM«L d now 'cePt ky Sarah McLeod, shall be, and the same is hereby vested in the said Sarah

and vested in McLeod, her heirs and assigns forever : Provided, the said Sarah McLeod, or her assigns,

her, &c. . p ' ■ -

Proviso shall within five years erect a good and sufficient bridge, for the passage of travellers,

with waggons, horses, &c. ; and if, at any time after building the said bridge, the owner

thereof shall suffer the same to go out of repair for the space of three years, then the

benefits intended by this act shall be forfeited, and until the said bridge is erected a

ferry shall be kept at the place aforesaid.

No other per- Sect. 2. And be it further enacted, That it shall not be lawful for any person or
any bridge persons whatever to erect a bridge over the said river, within three miles up or down

within a cer- ^g sa'cj rjver from the place herein before mentioned ; any thing in any law to the con-
tain distance r J ° J
of the one trary notwithstanding,
aforesaid.

Sect. 3. And be it further enacted, That the said Sarah McLeod, her heirs and as-
signs, shall and may receive and take the several sums herein after specified, as toll or
Toll rates. ferriage at the place aforesaid, that is to say: For every foot passenger, six and a quarter
cents ; for each man and horse, twelve and a half cents ; for each single horse led or
drove, six and a quarter cents ; for each chair or sulkey, twenty-five cents ; for all four
wheel pleasure carriages, fifty cents ; for each waggon, team and driver, fifty cents j for

BRIDGES, TOLL. 1811. 117

a rolling hogshead, including horse and driver, twenty-five cents ; for each cart, horse (No. 66.)
and driver, twelve and a half cents ; for each head of cattle, two cents ; for each head
of hogs,* sheep, goats, &c. one cent.

ROBERT IVERSON,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.

Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

AN ACT (No. 67.)

To authorize Colonel Pascal Harrison, his heirs and assigns, and the heirs and
representatives of George duff, deceased, to build a Toll Bridge across the Oco-
nee river, at or near the mouth of the Appalachee river.

Sect. 1. BE it enacted by the Senate and House of Representatives of the State of
Georgia, in General Assembly met, and by the authority of the same, That Colonel Certain per-
Pascal Harrison, his heirs and assigns, and the heirs and representatives of George ecj to ^w^ a
Cluff, deceased, are hereby authorized to build a toll bridge across the Oconee river, bridge

at or near the mouth of the Appalachee river. Oconee, near

the mouth of

across the
Oconee, n<
the mouth
Appalachee.

Sect. 2. And be it further enacted, That the said Pascal Harrison, his heirs and
assigns, and the heirs and representatives of the said George Cluff, deceased, shall hold
the said bridge and all the profits arising therefrom, and be entitled to receive and may
lawfully demand from travellers passing over said bridge, the following rate of toll : For T°H Rates,
every four wheel carriage twenty-five cents ; for each two wheel carriage twelve and a
half cents ; for each rolling hogshead, twelve and a half cents ; for each man and horse
(or rider) six and a quarter cents ; for each and every other horse, mule, cattle, sheep,
hog or goat, one cent per head.

Sect. 3. And be it further enacted, That the said Pascal Harrison, and the heirs or Said persons

• t.O 2*1 Vt? DOTIQ

representatives of the said George Cluff, deceased, shall give their bond, with sufficient anti security
security, to the Inferior Courts of Greene and Morgan counties, under the penalty of bridjem* lt~

pair, &c,

XX8 BRIDGES, TOLL. 1811.

9
(No. 67".) one thousand dollars, to keep the said bridge in good, safe, passable repair, (casualties
excepted.)

This law not Sect. 4. And be it further enacted, That nothing herein contained shall go to

powers of the affect the powers confided by law to the navigation company of said river Oconee.
Oconee navi-
gation compa-

"y" ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.

Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

(No. 68.) AN- ACT

To authorize Joseph Cooper to erect a Toll Bridge across the Oconee river, at or

near his mills, on his own land.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and by the authority of the same, That Joseph
Joseph Coop- Cooper, his heirs and assigns, shall have a right to erect a toll bridge over the Oco-
to erect a toll nee river, at or near his mills, on his own land, and is authorized to receive the follow-
rnillf on the3 mS to^> v*z : ^or evei7 loaded waggon and team, fifty cents ; for every empty waggon
Oconee. an(j team? thirty-seven and a half cents ; for every loaded cart and three horses, twenty-

five cents j for every empty cart and three horses, eighteen and three quarter cents ; for
every loaded cart and two horses, eighteen and three quarter cents ; for every empty
cart and two horses, twelve and a half cents ; for every cart and one horse, twelve
and a half cents ; for every man and horse, six and one quarter cents ; for every chair
or sulkey, twenty-five cents ; for every four wheel pleasure carriage, fifty cents ; for
every rolling hogshead, twenty-five cents ; for every head of neat cattle, two cents ; for

Rates of Toll.

BRIDGES, TOLL. 1811. 119

every head of hogs, sheep or goats, one cent ; any law, usage or custom to the contrary (No. 68.)
notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate,
Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

AN ACT (No. 69.)

To secure to John McKinne and Henry Shultz, their heirs and assigns, the ex-
clusive right to a Bridge across Savannah river, at or near Augusta.

WHEREAS, John McKinne and Henry Shultz have, by their memorial, made it Preamble,
known to the Senate and House of Representatives of the state of Georgia, that they
have at very considerable expense, and with great personal attention, erected a strong,
elegant and substantial bridge across the river Savannah, at the city of Augusta, well
calculated to facilitate the intercourse of this state with the state of South Carolina, and
of consequence of great public utility and convenience, and stating that they are now
the proprietors of said bridge, and praying that they may be secured in the exclusive
right to the same. And whereas, it is just and proper that the fostering and protecting
arm of the government should be extended to all such valuable undertakings ;

Sect; 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of

the same, That the exclusive right of erecting, having or keeping a bridge across the Exclusive

river Savannah, at Augusta, or within four miles thereof, either above or below said jj^ I °0n<eeP

city, be, and the same is hereby vested in John McKinne and Henrv Shultz, their heirs bridSe a,cr°ss
• . J Savannah ri-

and assigns, as tenants in common, and not as joint tenants, for, during and until the ver, at or with-

lull end and term 01 twenty years from and alter the passing of this act : Provided, that of Augusta,

the said John M'Kinne and Henry Shultz shall keep the said bridge in good repair : SSfiiuje and"

And provided also, that nothing herein contained shall operate to defeat, or in the slight- ?eniZ shultz>

est manner to impair, the right of the trustees of the Richmond Academy to the ferry Proviso.

Proviso,

120

BRIDGES, TOLL. 1814.

(No. 69.) landing at Augusta: And provided also, that the consent of the said trustees be obtained.
Provided also, that nothing contained in this act shall be so construed as to prevent the
running of a ferry-flat at Wallicon's ferry, or at Campbellton.

Proviso.

Sect. 2. And be it further enacted by the authority aforesaid, That it shall and may
be lawful for the said John MeKinne and Henry Shultz, their heirs and assigns, to de-
mand, have and receive the following toll, and no more, at their said bridge, for the
Rates of toll, term aforesaid, to wit: For every waggon and team, seventy-five cents ; for every four
wheel carriage, seventy-five cents ; for every two wheel carriage, thirty-seven and a half
cents ; for every cart, thirty-seven and a half cents ; for rolling hogsheads of any kind,
twenty-five cents ; for a man and horse, twelve and a half cents ; for a man on foot,
six and a quarter cents ; for every horse or cow, six and a quarter cents ; for every
hog, goat or sheep, four cents.

No bridge to Sect. 3. And be it further enacted by the authority aforesaid, That no other bridge

be erected

within four across the Savannah river shall be established or permitted, on any pretence what-

gusta on sa'id ever, within four miles of the city of Augusta, either above or below the said city, unless

river, without ^ ^e consent and approbation of the said John MeKinne and Henry Shultz, their

the consent ot J A * J

McKinne and heirs or assigns, during the continuance of the exclusive right hereby vested in the

said John McKinne and Henry Shultz, their heirs and assigns.

How said ex-
clusive right
may become
void.

Sect. 4. And be it further enacted by the authority aforesaid, That if the bridge so
erected by the said McKinne and Shultz shall be destroyed by freshets or otherwise,
and shall not be again rebuilt within two years thereafter, or if the said bridge shall,
from want of repairs or from any other cause, be impassable for the space of two years
at any one time, then and in such case, the right hereby vested in the said John
McKinne and Henry Shultz, shall immediately thereafter cease, determine and become
void, as if this act had never passed.

Repealing
clause.

Sect. 5. And be it further enacted by the authority aforesaid, That all acts and parts
of acts militating against this act, be, and the same are hereby repealed.

Assented to, 9th November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate.

PETER EARLY, Governor.

BRIDGES, TOLL. 1815. X21

AN ACT (No. 70.)

To secure to John Beck, his heirs and assigns, the right to erect a bridge across

Savannah river, at his own ferry.

WHEREAS, the legislature of the state of South Carolina did, at their last session, Preamble,
grant unto John Beck the right to build a bridge across the Savannah river at his own
ferry : And whereas the said John, by his petition to this legislature, has prayed for a
grant on the part of this state, and believing it will be of public utility in facilitating
the intercourse between the most commercial cities of the two states;

Sect. 1. BE it enacted by the Senate and House of Representatives of the state jf

Georgia, in General Assembly met, and it is enacted by the authority of the same, That John Beck

the said John Beck, his heirs and assigns, shall have the right and privilege of erecting a erect a^toll

bridge across the river Savannah, at his own ferry, on his or their own lands : Provided, hnd8* or} Sa"
° i j i . , vannah nver.

the said John Beck, his heirs or assigns, shall within three years erect a good and suf- Proviso,
fieient bridge across the said river, sufficiently high in low water to admit the passage
of boats, burthened with produce or otherwise, under the same ; and in high water to
have sufficient draws for their accommodation : And provided also, that there shall be Proviso,
at least two arches in the said bridge, at least sixty feet each, between the piers, for the
passage of rafts, &c.

Sect. 2. And be it further enacted by the authority aforesaid, That the said John Causeways,

Beck, his heirs and assigns, shall at all times be bound to keep up good and sufficient ma^je through

causeways and hollow bridges through the swamp, from the high lands of Georgia to tlie swamP-
the said bridge, for the passage of travellers, &c.

Sect. 3. And be it further enacted, That if at any time after the erection of the said What shall
bridges and causeways, the owner or owners thereof shall suffer the same to be and re- forfeiture of
main out of repair for the space of two years, or shall in any manner impede the navi- r1^ *
gation of said river, contrary to the true intent and meaning of this act, then the rights
and benefits intended by this act shall become forfeited, and of course null and void :
Provided nevertheless, That the said John Beck, his heirs and assigns, shall at all times Proviso,
stand bound to make good all damages which may happen by reason of the badness or
want of repair of the said bridge and causeways, or any part thereof, when the same
does not amount to a forfeiture as above ; to be recovered in any court having compe-
tent jurisdiction thereof.

122

BRIDGES, TOLL. 1815.

(No. 70.) Sect. 4. And be it further enacted, That the said John Beck, his heirs and assigns,
Rales of toll, shall be entitled, for the space of twenty-three years, to have, demand and receive toll,

at the same rates that are allowed and received at the bridge at Augusta, and no more ;
Proviso. Provided, that the said John Beck, his heirs and assigns, shall at all times, when the

said causeways are inundated, provide a suitable and safe conveyance to the high land.

Toll rates
across the
swamp re-
gulated.

Proviso.

Sect. 5. And be it further enacted, That the said John Beck, his heirs and assigns,
for the trouble and expense he or they have or may hereafter be at, in raising and keep-
ing in repair the causeways and bridge, through the swamp as aforesaid, be entitled to
have, demand and receive the following toll, to be collected at the same time and place
that the toll for the bridge across the river is collected, to wit : For every four wheel
carriage, one dollar ; for every two wheel carriage, fifty cents ; for a man and horse,
six and a quarter cents ; for each head of cattle, sheep, goats or hogs, four cents : Pro-
vided nevertheless, that no person shall be compelled to pay the said toll for going to the
said river to fish, or for passing to and from their lands in said swamp.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 8th December, 1815.

D. B. MITCHELL, Governor.

fNo. 71.)

AN ACT

To authorize William Smith to erect a Bridge across the creek called the Beaver-
dam, in Scriven county, on the road leading from Savannah to Augusta.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
William Smith That William Smith, his heirs and assigns, shall be, and he or they are hereby author-
build a toll ived and bound to erect a good and substantial bridge across the creek called Beaver-

bndge across ^am, at or near the place where the old bridge now stands, and to keep the same in
Beaver-dam, 7 r ° ' r

in Scriven complete repair for and during the term of ten years.

Sect. 2. And be it further enacted, That the said William Smith, his heirs and as-
signs, as a compensation for their trouble and expense in erecting and keeping the said
bridge in repair, shall be authorized to ask, demand and receive the following toll from

BRIDGES, TOLL. 1815. i2s

all travellers, not citizens of the county of Scriven, for crossing said bridge, to wit: (No. 71.)

For every four wheel carriage or waggon, fifty cents ; for every two wheel carriage or Toll rates.

cart, twenty-five cents ; for a man and horse, twelve and one half cents ; for every head

of cattle, four cents ; for sheep, goats and hogs, two cents ; for horses, led or in droves,

six and a quarter cents : and the said William Smith, or any other person or persons The proprie-

* J r r tor liable for

claiming under him, shall be, and he or they are hereby bound to make good all de- damages aris

mands which shall happen by reason of the badness or want of repair of said bridge. insufficiency

of the bridge

Sect. 3. And be it further enacted, That the said Smith shall be allowed one year Time allowed

. . • ii f°r building

from the date of this act to build the said bridge ; and shall be allowed to receive toll said bridge

for crossing the old bridge for the term of said year, at the rates heretofore established

by law, provided the said bridge is kept in good repair.

SECTi 4. And be it further enacted, That the right herein granted shall be forfeited, Forfeiture ot

the riffht.
unless the said William Smith, or some person or persons claiming under him, shall

build a bridge of the dimensions of the one herein described, within one year from the

date of this act.

Sect. 5. And be it further enacted by the authority aforesaid, That it shall not be
lawful for the said William Smith, his heirs or assigns, to ask or demand from any per-
son or persons any toll for passing said bridge, unless the said bridge shall be, in its
whole length, at least twenty feet wide, and well secured from one end to the other, on Dimensions,
both sides, with arms or railing, at least four feet high. bridge.

Sect. 6. And be it further enacted, That it shall not be lawful for any other person No other

T)6*i*son to

to erect a bridge on the said creek, within two miles of the bridge so erected by the said build a bridge

William Smith, either above or below. '^I0 miles

of the one

Assented to, 16th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate-

D. B. MITCHELL, Governor-

aforesaid.

R 2

124 BRIDGES, TOLL. 1816.

(No. 72.) AN ACT*

To authorize James Rousseau to erect a Bridge over the Oconee river, at or near
his ferry, on the main road leading from Milledgeville to Augusta and Sa-
vannah.

Preamble. WHEREAS, James Rousseau, by his petition to this legislature, has prayed the pri-

vilege of erecting a bridge over the Oconee river, at or near his ferry, where the main
road leading from Milledgeville to Augusta and Savannah crosses the same ; And
whereas, it is thought and believed that to grant him such privilege will tend to pro-
mote the public convenience ;

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of

Jas. Rousseau, the same, That from and immediately after the passing of this act, the said James Rous-

authorized to . .'...'•

erect a toll seau is hereby authorized to erect a toll bridge across the said river, at or near his ferry,

the OconCeeSS f°r and during the term of twenty-one years after the same shall be completed, at the
following rates of toll, viz : For a loaded waggon, fifty cents ; for an empty waggon
and four horses, thirty-seven and a half cents ; for a cart and two horses, twenty-five
cents ; for a rolling hogshead of tobacco, twenty-five cents ; for all four wheel pleasure
carriages, fifty cents ; for all two do. twenty-five cents ; for a man and horse, twelve
and a half cents ; for led horses or mules, six and a quarter cents ; for each foot passen-
ger, six and a quarter cents ; for all cattle, three cents each ; for goats, sheep or hogs,

Proviso. two cents per head : Provided, that the said bridge shall be completed within the term

of three years from the passage of this act, and shall be so constructed as to admit the
passage of any boat or raft which may be brought down said river.

river.
Toll rates

A portion of Sect. 2. And be it further enacted, That the commissioners of the town of Milledge-

raon°obe°m" vu^e do *ay out anc^ aPPorti°n to the said James Rousseau, so much of the town com-

laid out for mon as may ke necessary for the building of the said bridge on, at such place as may

of said bridge, be designated, near the ferry aforesaid.

What shall oc- Sect. 3. And be it further enacted by the authority aforesaid, That if the bridge so
feiture of the authorized to be erected by James Rousseau shall not be built and passable for carriages,
privilege. within three years from the passage of this act, or if it shall be destroyed by freshets,

See the following act of 1817, altering and amending this.

BRIDGES, TOLL. 1816. 1 25

or otherwise, and shall not be again rebuilt within two years thereafter, or shall, from (No. 72.)
want of repairs, or from any other cause, be impassable for the space of two years at
any one time, then, and in any such case, the right hereby vested in the said James
Rousseau shall immediately thereafter cease, determine, and become void, as if this act
had never passed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 4th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 73.)

To alter and amend An act authorizing James Rousseau to build a Bridge
across the Oconee river, at or near his ferry.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That from and im- Jas. Rousseau

pi- «it ti i'i- • authorized to

mediately after the passing of this act, the said James Rousseau, his heirs or assigns, is build a toll

hereby authorized to erect a toll bridge across the Oconee river, at or near his" ferry, for the Oconee^

and during the term of twenty-one years after the same shall be completed.

Sect. 2. And^be it further enacted, That the commissioners of the town of Milledge- A portion of

m the town com-

ville lay out and apportion to James Rousseau, his heirs or assigns, so much of the town mon to be

, - r ,i i -i v r • i i_ • i laid out for its

common as may be necessary lor the building ol said bridge. erection.

Sect. 3: And be it further enacted by the authority aforesaid, That the said Tames Tne privilege

. - ....... to be exclu-

Rousseau, his heirs or assigns, shall have the exclusive privilege of building the afore- sive.

said bridge on the town common of Milledgeville : Provided, the said bridge is built proviso,

within three years from the passage of this act-

126

BRIDGES, TOLL. 1817.

(No. T3.) Sect. 4. And be it further enacted, That nothing in this act shall be so eonstrued as
Navigation not to authorize the said James Rousseau to construct a bridge so as to impede the naviga-

to be imped- . n . . .

ed. tion of said river.

Repealing Sect. 5. And be it further enacted by the authority aforesaid, That all laws, and parts

of laws, militating against this law, the same is hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate
Assented to, 19th December, 1817,

WILLIAM RABUN, Governor,

[ 127 ]

CANALS.

AN ACT

To authorize the commissioners of the river Mtamaha, or a majority of them, to

cut and open two Canals.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the commissioners of the river Altamaha, or a majority of them, are hereby au- The commis-

,., i li i i • sioners of the

thorized to cut, or cause to be cut and opened, two canals, to wit : one beginning at or river Altama-

near the place known as Catfish creek, and running to the bend of the river opposite, or tocuttwoca-
near a place called and known as Piney Island ; the other canal to be cut at or near that nals-
part of the river called and known as the Narrows, at or near the place once the planta- piaces.
tion of Mr. Joyner : Provided, that nothing in this act shall be construed to authorize Proviso,
the said commissioners to cut through the land of any person or persons, without their
permission first obtained in writing, or the damages ascertained by at least three com-
missioners, to be appointed by and sworn before the judge of the Superior Court, or a
majority of the justices of the Inferior Court, in the county where the canal or canals
shall be cut ; which commissioners shall take an oath well and truly to decide (accord-
ing to the best of their abilities and understanding) on the amount of damages the said
canal or canals will do to the person or persons, land or lands, through which they shall
run: Provided further, that nothing in this act shall be so construed as to bind the Proviso
state to make any further appropriation to meet the said contracts. .'

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Assented to, 19th December, 1818,

WILLIAM RABUN, Governor

128

CANALS. 1818.

(No. 75.)

AN ACT

To establish a company for the Internal Navigation from Ogeechee to Savannah

river.

Preamble.. WHEREAS, George Jones, W. B. Bullock, J. M. Berrien, T, U. P. Charlton,

A. S. Bullock, R. Isaacs, W. Taylor, R. Richardson, A. Telfair, J. Shellman, W. Scar-
brough, W. Davies, A. G. Semms, A. B. Fannin, J. Marshall, L. Kollock, J. Haber-
sham, B. Burroughs, T. Bourke, and others, have, by there petition to the General As-
sembly, represented that the opening an inland navigation between the interior parts of
this state and the city of Savannah, by means of a canal and lock, from Ogeechee to
Savannah river, will be of great utility ; that the said petitioners I ave entered into an
agreement for establishing a company for opening and keeping up such communica-
tion, if the said undertaking should receive the sanction of the legislature, and prayed
to be incorporated by law, under the name and style of The Company for the Inland-
Navigation from Ogeechee to Savannah river ; that such a toll as may be reasonable and
adequate may be granted them and their successors ; and that they may be vested
with powers sufficient for carrying the said work fully into effect.

The company BE it further enacted by the Senate and House of Representatives, of the state of
na^ie-ation Georgia, in General Assembly met, and by the authority of the same, That the said pe-

fromtheOgee- titioners, and such others as shall be admitted into the said company, shall be, and
chee to the r j i

Savannah ri- they are hereby incorporated by the name and style of " The Company for the Inland
ver, incorpo- . . „ . t ,"',,.".«,

rated. Navigation Jrom the Ogeechee to Savannah Rrver.

Said company Sect. 2. And be it further enacted by the authority aforesaid, That the said com-
be sued, ap- Pany> by the name and style aforesaid, shall and may sue and be sued, implead and be
P°dm°l b^ impleaded, in any court within this state, and that they may elect and appoint all ne-
laws- cessary officers, and from time to time .make such rules, regulations and bye-laws as

Proviso. they shall think proper : Provided, the same shall not be repugnant to, or inconsistent

with any law of the state.

May cut a ca-
nal from Ogee-
chee to Savan-
nah river.

May establish
and receive
toll on goods,
boats, rafts,
he.

Sect. 3. And be it further enacted by the authority aforesaid, That the said com-
pany shall and may cause a communication or inland navigation, by a canal and locks
to be made and kept up through such places as to them shall seem most fit and con-
venient, from Ogeechee to Savannah river, and that they and their successors shall
and may fix and establish, and be entitled to take and receive, by way of toll, for all
goods and merchandize carried on or through ; and boats, vessels and rafts passing

CANALS. 1818. 139

on or through the said canal, such sums or rates as the said company thall think pro- (No. 75.)
per to impose, not exceeding at any time twenty-five per cent, per annum, on the mo-
ney which they shall have expended in making and keeping in repair the said canal Their books
and locks ; to ascertain which the books of the said company shall always be liable to inspection of
the inspection of the legislature ; and that the said company or their agents may stop tu®e egls a'

any goods, vessels, boats or rafts from passing ou the said canal, until payment of They may en-
force payment

said toll. . • of toll by stop-

ping any boat,
&c.

Sect. 4. And be it further enacted by the authority aforesaid, That the said com- May purchase
n r • ' ■ r i_ land necessary

pany shall have power to purchase for themselves and their successors tor ever, such for the pur-
land as may be necessary for the purpose' aforesaid, and as much land at each end of I)0
the canal, and on the opposite shores of the river, as may be necessary for the canal,

and where they and the owners of said land cannot agree for the same, to take the Land, how va-

. ■. - ; hied when

said lands on a valuation to be made by a majority of five persons, to be appointed by they and the

the Superior Court to value the same; which land shall, on payment of the sum at a«.ree °

which it shall be so valued, be vested in the said company.

Sect. 5. And be it further enacted by the authority aforesaid, That the said com- Said canal, &c.

* to llC kt*T}t 1 it 1

pany sjiall be obliged to keep the said canals and locks at all times in good and suf- g00j orcier.
ficient order, condition and repair, on pain of being answerable for any damages occa-
sioned by their wilful default or neglect.

Sect 6. And be it further enacted by the authority aforesaid, That the shares in shares in said

the said company shall be for ever exempted from any rate, tax, duty, assessment or empt from

imposition whatever, and that the said shares may be sold, transferred, assigned or be- taxatlon-

■ -. , '" ' . b Shall be trans-

queathed by the proprietors, and in case of their dying intestate shall go as personal ferable, &c.
estates, according to the statute of distributions.

Sect. 7. And be it further enacted by the authority aforesaid, That if any person Persons
shall throw dirt, trees, logs or other rubbish into the said canal, so as to prejudice the rubbish, &c.1 '
same, such person shall be answerable to the said company for the damages occasioned ift&JetJ fri
thereby. company.

Sect. 8. And be it further enacted by the authority, aforesaid, That the said com- Said company

pany shall and may collect and reserve water for the use of the said canal and locks, water for said

making compensation for the damages done thereby; the said damages to be ascer- canal* &c#
tained in the manner described with respect to the value of lands.

. ■ S

130

CANALS. 1818.

(No. 75.) Sect. 9. And be it further enacted, That if, any time after sixty years from the
After 60 years passage of this act, the legislature of this state shall deem it for the interest of the state

said canal shall

be vested in the property of the canal shall be vested in the state, then, and in that case, it shall be the

tllC Stilt C IT

the legislature duty of the directors for the time being to convey to the state all right and title in the
dient *' expe" canal, on receiving from the treasury of the state a sum of money equal to all the sums
The manner expended in making and improving the canal, with a nett interest : viz. an interest, above
transfer^8 ° a^ cnarges> °f eight per cent, on such part of the stock as shall not have afforded such
an interest.

Pleadings, &c. Sect. 10. And be it further enacted by the authority aforesaid, That if any person

in suits under ..■'.. r i •

this act regu- should be sued lor any matter or thing in pursuance of this act, he may plead the gene-
ral issue, and give this act and special matter in evidence, and on a verdict against the
plaintiff, or a non-suit or discontinuance, recover double costs.

lated.

This act not Sect. 11. And be it further enacted, That nothing in this act shall be so construed as
to affect the - , . . ' e „ -. -. , ..

Ogeechee na- to affect the rights ol the Ogeechee navigation company,
vigation com-
pany.

This declared Sect. 12. And be it further enacted by the authority aforesaid, That this act shall be
deemed and taken to be a public act, and judicially taken notice of as such without
special pleading, and liberally construed for carrying the purposes aforesaid into effect.

BENJAMIN WILLIAMS,

Speaker of the' House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1818.

WILLIAM, RABUN, Governor.-

C 1S1 I

CENSUS,

AN ACT
To provide for taking the Census of this state, as required by the Constitution.

BE it enacted by the Senate and House of Representatives, in General Assembly met, The justices

and by the authority of the same, That it shall be the duty of the justices of the Inferior courts in each

Court, or any three of them, in each county respectively, in ninety days after the ad- county t0 aP-

iournment of this legislature, to appoint one or more persons in each county : that is to to take the

• i i i- i i • i • • t t census of this

say, one person in each battalion, that may be in the respective counties, whose duty it state.

shall be to take a full and accurate census or enumeration of all free white persons and Mode of

people of colour residing therein, distinguishing in separate columns the free white per- prescribed,

sons from the 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 October next, the persons so appointed being first severally sworn before the said Persons so

' r rr ° J m appointed to

justices, or either of them, duly and faithfully to perform the trust reposed in them ; and take an oath.

it shall be the duty of the said clerks to transmit all such returns to his excellency the Returns to be

Governor, on or before the first Monday in November next, to be by him laid before the the Governor.

legislature $ and it shall be the duty of the legislature then in session, to apportion the

members of the house of representatives among the several counties, agreeable to the

plan described by the constitution. ■

Sect. 2. And be it further enacted, That in case the justices of the Inferior Courts In case the

• i • i • ■ • i • i r justices of

shall fail to appoint persons to take the enumeration within the period ol ninety days the Inferior

after the adjournment of .the legislature, that then the justices of the peace, or any fa°i to^pooint

three of them, shall have and exercise like powers respecting the said census ; and if the Persons in t]}6

• • ' x <•■*:. time prescri-

census or enumeration of any county shall not be so taken and returned, then, and in bed, the jus-

that case, such county shall be entitled to one representative only. peace vested

with like

authority. Any county wherein no census may be taken, &c. entitled to but one representative

S 2

132 CENSUS. 1816.

(No. 76.) Sect. 3. And be it further enacted by the authority af or esaidyT\vxt%\\ persons appointed

Persons ap- t0 take in the census of this state as required by this act, are hereby authorized to ad-
pointed as
aforesaid shall minister an oath to all heads of families, or any other person, when they are about to give

necessary m tne number of their families, that they shall not give in any more than they actually

Wh S deemed nave 5 anc* no person shall be considered as a part of a family that does not actually

as a part of a reside and board with the person so giving them in at the time they make the return, and

family. ,

Returns shall no return shall be taken only on oath.-

be made on

oath. i

Compensation Sect. 4. And be it further enacted, That the persons appointed to take the census or

of those who . .

take the cen- enumeration shall receive the sum of twelve and a half cents for each family so taken

and enumerated.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 13th December, 1816.

D." B. MITCHELL, Governor.

[ 133 ]

CERTIORARIES AND INJUNCTIONS

. AN ACT

To regulate the granting Certioraries and Injunctions in this State.

Sect. 1. BE it enacted by the Senate ana House of Representatives of the state of

Georgia, in General Assembly mfo, and by the authority of the same, That from and after No certiorari

the passing of this act it shall not be lawful for any judge of the Superior Court of this ecf unlelT the

state to sanction or grant any certiorari, unless the person or persons aggrieved and ap- applicant shall

plying for the same, shall have previously paid all costs which may have occurred on the costs on the

trial below, and have given to the magistrate or magistrates, or justices or the Interior and given se-

Court, or clerk of the Inferior Court, as the case may happen, good and sufficient secu- eventual'con-6

ritv for the eventual condemnation monev, or any future costs which may occur. demnation

J ■ ■'.•-. . money, or any

future costs.

Sect. 2. And be it further enacted, That the person applying for said certiorari, shall A certificate

produce to the judge authorized to grant the same, a certificate from the magistrate or havebeenpaid

•magistrates, or justices of the Inferior Court who tried the case, or clerk of the Infe- a?(1 seclmty

u ' ° 7 given, also re

rior Court, whose duty it shall be to give said certificate, informing said judge that the quired.
costs have been paid, and security given in terms of this act.

Sect. 3. And be it further enacted, That no injunction shall be sanctioned or granted Prerequisites

in cases of
junctions.

by any judge of the Superior Courts of this state, until the party requiring the same *

shall have previously given to the party against whom such injunction is to operate, by
application to the clerk of the Superior Court for that purpose, abond with good and
ample security for the eventual condemnation money, together with all future costs ;
which said bond shall be lodged in said clerk's office, subject to the order of the court,
and have paid all costs which may have occurred in the case, the subject of the injunction.

134

CERTIORARIES AND INJUNCTIONS. 1811.

Sect. 4. And be it further enacted, That where any doubt arises as to the sufficiency of
the security tendered to any of the persons authorized by this act to take the same, the
party so authorized to take the said security may compel the party to justify upon oath,
and such justification upon oath shall amount to such sufficiency as to exonerate the
party taking the security from any liability. m

(No. 77.)

In cases of
doubt, the se-
curity requir-
ed to justify
upon oath.

Sect. 5. And be it further enacted, That no judge of the Superior Court shall grant
or sanction any certiorari or injunction out of his judicial district, unless there shall be

In what cases
a judge may
sanction any

injunction out a vacancy in any of the other districts, or the judges thereof be so indisposed, or be
of his circuit

Proviso.

absent therefrom, so that the business of granting certioraries and injunctions cannot be
speedily done : Provided, no certiorari shall be granted to remove any proceedings from
a magistrate's court, until it has been tried by a jury in said court.

In cases of
bills of injunc-
tion, where
the defendant
lives out of
the state,
what shall be
a sufficient
service.
Injunctions,
open for ar-
gument and
amendment at
the first term.

Shall be dis-
posed of at
the second
term.

Sect. 6. And be it further enacted, That in all cases of bills of injunction, where
the defendant or defendants reside out of the state, a service on the attorney of the
plaintiff in the original action, and a publication of a six months rule obtained from the
judge granting the injunction, shall be deemed a sufficient service.

Sect. 7. And be it further enacted, That all bills of injunction granted by the Supe-
rior Court, or any of them, or which may hereafter be granted, shall stand and be con-
sidered as open for argument and amendment, at the first term of the Superior Court
which may be holden after the passing of this act, in and for the county where the suit
originated, or the first term after the granting such bill of injunction ; and that in all
cases of injunction they shall be disposed of, and a decision made, at the second term
of said court, held in and for the county where such suit originated, any law to the con-
trary notwithstanding.

A second in- Sect. 8. And be it further enacted, That the dilatory practice of granting bills of in-

the dissolution junction a second time, after the dissolution of the first bill or bills, shall not be admis-
allowedrS n° s^e or allowed of in any case or cases whatever.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B, MITCHELL, Governor.

[ 135 ]

CLERKS, SHERIFFS, AND OTHER OFFICERS.

AN ACT

To repeal an act, entitled An act to compel the Clerks of the Superior and Infe-
rior Courts to keep their offices at or within one mile of their respective Court-
houses, so far as respects the counties of Pulaski and Telfair, which is to ope-
rate so far as respects the county of Pulaski.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, The recited
That from and immediately after the passage of this act, the above recited act is hereby sofS^Se-
repealed, sofar as respects the county of Pulaski, passed on the thirteenth day of Decern- sPects Pulaski
ber, eighteen hundred and nine,

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Executive Department, Georgia.

Assented to, 10th December, 1811.

D. B. MITCHELL, Governor.

136

CERTIOR ARIES AND INJUNCTIONS. 1811,

(No. 79.)

AN ACT

To compel the Clerk of the Superior and Clerk of the Inferior Courts of the
county of Wilkinson to keep their offices at the Court-house, or ivithin one
mile thereof

Preamble, WHEREAS, great inconvenience hath occurred to persons having business to do

with the officers aforesaid, from the great distance the same have been kept from the
place of holding the Superior and Inferior Courts of said county; for remedy whereof,

Clerks of the
Superior and
InferiorCourts
of Wilkinson,
required to
keep their of-
fices at or
within one
mile of the
Court-house.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, hi General Assembly met, and by the authority of the same, That from and after the
passing of this act, it shall be the duty of the clerks of the Superior and Inferior Courts
for the county aforesaid, to keep their respective offices at the Court-house, or place of
holding the Superior and Inferior Courts, or within one mile thereof, any law to the
contrary notwithstanding.

Executive Department, Georgia.

Assented to, 13th December, 1811.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHE.W TALBOT,

President of the Senate,

D, B. MITCHELL, Governor,

*fc

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811. X37

AN ACT* (No. 80.)

For the election of the Clerk or other person to tvhom the care of the records and
other proceedings of the Court of Ordinary are vested.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That the justices of the Clerks of the
Inferior Court, in the several counties throughout this state, at the usual place of hold- ordinary, how
ing their courts, on the first Monday in January, in the year eighteen hundred and thir- elected-
teen, and on the first Monday in January, in every second year thereafter, shall proceed

by ballot to the choice of the clerks of the courts of ordinary, who shall hold their office Their continu-
f-ii-1 r , '.„',.'. . ance in office.

tor and during the term ot two years, unless sooner removed for mal-practice in office,

and until a successor is in manner aforesaid elected. And it is hereby provided, that May be

the clerk in manner aforesaid elected shall be eligible to re-election. re-elected.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.
Assented to, 13th December, 1811

D. B. MITCHELL, Governor.

* See act of 1815, No. 94, requiring clerks of the court of ordinary to give security. See also title " Exe-
cutors, &c." act of 1815, No. 211 ;"which authorizes courts of ordinary to appoint their clerks administrators
de bonis -non, in certain cases. < . *

138

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811,

(No. 81.)

AN ACT*

Sheriffs,
clerks of the
Superior and
Inferior
Courts, coun-
ty surveyors
and coroners,
when to be
elected.

Repealing
clause.

To alter the time of holding the Elections for county officers, so far as respects
Sheriffs, Clerks of the Superior and Inferior Courts, Surveyors and Coroners.

Sect. 1. BE it enacted by the Senate and House of Representatives , in General As-
sembly met, and by the authority of the same, That the elections for sheriffs, clerks of
the Superior and Inferior Courts, county surveyors and coroners, of the respective coun-
ties within this state, shall be held on the first Monday in January, eighteen hundred and
fourteen, and on the first Monday in January, every second year thereafter, in each
and every of the said counties respectively.

Sect. 2. And be it further enacted, That all other acts or parts of acts, militating
against this act, be, and the same are hereby repealed.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.
Assented to, 16th December, 181 1

D. B. MITCHELL, Governor.

* For the manner of filling vacancies in the offices of clerks of the Superior and Inferior Courts, and sheriff,
see aet of 1817, No, 105,

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811.

139

AN ACT

(No. 82.)

To compel Coroners, Sheriffs and Constables to receive Securities on certain occa-
sions therein expressed. •

Sect. 1. BE it enacted by. the Seriate and House of Representatives in General Assembly
met, That in all cases where a levy is made on property which is claimed by a third
person, and good and sufficient security is tendered by the party claiming the same, it
shall be the duty of such sheriff, constable or coroner, to take security for treble the
amount of the debt on which such execution is founded^ for delivery of the property so
levied on at the time of sale, provided the property so levied on should be found sub-
ject to such execution ; then and in that case it shall be the duty of the sheriff, coroner
or constable to leave the same in the possession of such claimant, and in case the said
claimant or security shall fail to deliver the property at the time and place of sale,
agreeably to such bond, it shall be the duty of the officer taking the same to transfer
such bond to the plaintiff in execution ; and said bond shall be recoverable in any court
of law or equity in this state, having cognizance thereof.

When proper-
ty levied upon
is claimed by a
third person,
and security
tendered by
the claimant,
the sheriff, &c.
shall take
security for
treble the
amount of
the debt, &c

Sect. 2. And be it further enacted, That in all cases where any .of the aforesaid
officers shall arrest any person charged with a capital offence,^ he shall secure so much
of the property of the person so charged, if to be had, as will, in his opinion, be of suf-
ficient value to defray the expense incident to such prosecution, jailor's fees, &c. and
make return thereof to the next Superior Court of the county ; and it shall be the duty
of the judge of said court to order a sale thereof by the sheriff, under the same regula-
tions as govern sheriff's sales under executions : Provided nevertheless, that the party
charged, or his agent, may replevy such goods, on putting in sufficient security for the
delivery of the same, or payment of all the expenses of said prosecution, conviction or
execution.

ROBERT IVERSON,

j Speaker of the House of Representatives.

MATTHEW TALBOT, .

President of the Senate.

In cases of
arrest for any
capital of-
fence, the ar-
resting officer
required to
secure suffi-
cient property
of the party
charged to
defray all
costs, &c.

Proviso.

Executive Department, Georgia.
Assented to, 16th December, 1811

D. B. MITCHELL, Governor.

* See title " Costs," act of 1816, No. 113 ; whith provides for securing costs in all criminal cases, whether
capital or otherwise

T 2

140

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811.

(No. 83.)

AN ACT

To regulate me appointment of Jailors, and to alter and explain the first section
of an act, entitled An act pointing out the duty of Sheriffs in selling lands un-
der execution, passed 22d December, 1808.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Sheriffs re- Georgia, in General Assembly met, and by the authority of the same, That in future

quired to take . . . ,j ., . . . .

security from all sheriffs, on appointing a keeper ot the jail, to require sufficient security or him, or

jai ors. them j, and such person appointed shall, before he enters on the duties of his or their

JtlHOxS TO ThKC ^

an oath. office, take and subscribe the following oath before some one of the justices of the Infe-

The oath. rior Court of said county, to wit: I, A. B. do solemnly swear oraffirm, (as the case

may be,) that I will well and truly do and perform all and singular the duties of jailor

for the county of , and that I will humanely treat all criminals who may be brought

to jail, of which I am the keeper, and not suffer them to escape by any negligence or
inattention of mine, so help me God.

The first sec-
tion of the re-
cited act ex-
plained.

Proviso.

Sect. 2. And be it further enacted, That the first section of the before recited act
shall not be so construed as to authorize any judge of the Superior Courts to order
writs of possession to issue against a third person, residing within the limits of any such
survey or tract of land so offered for sale : Provided also, that such person shall not be
known in the suit on which such execution is founded, nor have been put in possession
by, or claimed under, or by virtue of any conveyance from the defendant in such suit.

Executive Department, Georgia.

'Assented to, 16th December, 1811

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

D. B. MITCHELL, Governor,

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1811. 141

AN ACT* . (No. 84.)

To compel the Clerks of the Superior and Inferior Courts, Sheriffs, county Sur-
veyors, Coroners, Collectors, and Receivers of Tax Returns of this state, to take
the oath and give the security required by laiv, within the time therein specified.

*•
WHEREAS, by th£ laws now in force in this state, some inconvenience has, and may Preamble,
again happen, with respect to the time which ought to be given to the clerks elect of
the Superior -and Inferior Courts, sheriffs, county surveyors, coroners, collectors, and
receivers of tax returns to qualify ; for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That County offi-
from and immediately after the passing of this act, the said clerks of the Superior and to take the
Inferior courts, sheriffs, county surveyors, coroners, collectors, and receivers of tax re- gecur^inten

turns, shall be bound, in ten days after they are notified of the arrival of their commis- davs after be*

ing notified of

sions, to take the oath and give the security required by law. the arrival of

their commis-
sions.

Sect. 2. And be it further enacted, That incase of the neglect or refusal of any clerk, In case of ne-
- . .r • gleet or refu-

sheriff, county surveyor, coroner, collector, or receiver of tax returns, to take such oath sal to do so,

and give such security within the time aforesaid, it shall and is hereby declared to be m|nts , to be

the dutv of anv three or more of the justices of the Inferior Court for the- county where- vacated> and a
J J J J new election

in such neglect or refusal shall have happened, to declare such appointment vacant, and ordered.
to order another election, by giving at least twenty days notice in writing, at three or
more of the most public places in the county.

ROBERT IVERSON,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 16th December, 1811.

D.'B. MITCHELL, Governor.

• See act of 1815, No. 94, compelling clerks of the court of ordinary to give security,

142

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1812.

(No. 85.)

AN ACT

To authorize Sheriff's sales at St Mary's, in Camden comity.

Preamble. WHEREAS, great injury is often sustained by the sales, or sacrifice of defendants'

property, at the Court-house, in Camden county, situated twenty-two miles from St.
Mary's, the most noted commercial town in said county ; for remedy whereof,

Sheriff's sales
in Camden
county to be
made at the
market-hous i
in St. Mary's.

Proviso.

Sect. 1. Be it enacted by the General Assembly of the state of Georgia, and it is
hereby enacted by the authority of the same, That from and after the passing of this
act, the sales of real as well as personal property, levied on by the sheriff or his deputy,
of Camden county, shall be made at the market-house, in the town of St. Mary's, on
the Saturday next succeeding the first Tuesday in each month : Provided, the defendant
or his attorney shall so require the same ; any law to the contrary notwithstanding.

Executive Department, Georgia.

Assented to, 27th November, 1812,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN, -

President of the Senate,

D. B. MITCHELL, Governor.

(No. 86.)

AN ACT

To authorize Sheriffs to perform the duties of their office in adjoining counties,

in certain cases herein defined.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
When the of- Georgia, in General Assembly met, That in all cases which require the official acts of a
sheriff is re- sheriff, wherein he is or may be a party in the case, and no coroner can be obtained in

quired m any tne county to perform and execute the office of sheriff, that then and in that case it shall
case xn which J r

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1812.

143

and may be lawful for any sheriff in an adjoining county, to do and perform all manner (No. 86.)
of official acts that a coroner is authorized to do and perform in cases where the
sheriff is a party interested.

Executive Department, Georgia.

Assented to, 7th December, 1812,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

he is interest-
ed, and no co-
roner can be
obtained in
the county,
the sheriff of
any adjoining
county author
rized to act.

AN ACT

(No. 87.

To make valid certain acts of the Sheriffs of the counties of Twiggs and Wil-
kinson, and to legalize certain official acts of other judicial officers in this
state.

WHEREAS, the sheriffs of the counties of Twiggs and Wilkinson, having acted in Preamble
their official capacities after having taken their oath of office, and previous to recording
the same ; and whereas several judicial officers in this state have proceeded to the dis-
charge of the duties of their respective offices, without having taken an oath to support
the constitution of this state and of the United States, as required by law, and whereas,
doubts exist as to the legality of such acts : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, That all transactions of the aforesaid sheriffs of the Certain acts of

tli 6 sheriffs of
counties of Twiggs and Wilkinson, in their official capacities as sheriffs, after the time of Twiggs and

their having taken their oath of office, and previous to the time of recording the same, counties°done

shall be deemed, held and considered valid to all intents and purposes, as if the said Previous to.

f r r the recording

oath had been recorded previous to any such transactions, so far as respects the recording of their oaths,

of said oath.

legalized.

Sect. 2. And be it further enacted, That- the official acts of the several judicial The acts of
officers of this state, heretofore transacted, shall be held, deemed and considered as va- iersTwhobave

144

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1812.

lid, notwithstanding such officer or officers may not Tiave taken and subscribed an oath
to support the constitution of this state and of the United States, so far as respects said
oath, any law to the contrary notwithstanding.

(No. 87.)
not taken the
oath to sup-
port the con-
stitution of
this state and
of the United
States, lega-
lized.

Executive Department, Georgia.

Assented to, 7th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

(No. 88.)

Sheriffs re-
quired to col-
lect monies
under execu-
tions from the
treasurer
against tax
collectors.

AN ACT

To compel Sheriffs to collect monies under and by virtue of executions issuing
from the Treasurer against Tax Collectors, and to pay over the same.

Sect. 1. BE it enacted by the Senate arid House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same
That the several sheriffs within this state, who have or may hereafter have in their
possession, any execution or executions issued by the treasurer of this state, against
any tax collector, shall and they are hereby required to levy the same, and collect the
amount or amounts thereof, in the same manner as pointed out by law for the collection
of executions issuing out of the Superior and Inferior Courts of this state.

Proceedings
against she-
riffs in case of
their failing to
collect or pay
over the
amount of
such execu-
tions.

Sect. 2. And be it further enacted, That if any sheriff as aforesaid shall fail to levy
and collect the amount of any execution so issued as aforesaid, or to account with or
pay over the same to the treasurer when thereunto required, then and in that case it
shall be the duty of the attorney or solicitor general within the several judicial cir-
cuits of this state, at the request of the treasurer, to apply to the judge of the Superior
Court during the session of said Superior Court, or in vacation, of the district wherein
such delinquent sheriff may reside, for a rule against such delinquent sheriff, to- show
cause why an attachment should not be obtained against him on the usual terms for
'neglect of duty.

• CLERKS, SHERIFFS, AND OTHER OFFICERS. 1812,

145

Sect. 3. And be it further enacted, That it shall be the duty of the judges of the
Superior Courts, on application, to grant such rule, and make such order, as in their opi-
nion is best calculated to compel the payment or any monies collected or to be collected
by sheriffs as aforesaid ; and that all monies collected under and by virtue of this act,
shall be paid into the hands, of the attorney or solicitor general appointed for the cir-
cuit where the said monies have or shaH be collected, and be by them respectively
transmitted to the treasurer of this star

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

(No. 88.)

Judges to
grant a rule
against them,
&c.

Monies col-
lected by vir-
tue ot this actj
tc whom pay-
able.

Executive Department, Georgia.,
Assented to, 10th December, 1812,

D. B. MITCHELL, Governor.

AN ACT

(No. 89.)

To legalize and moke valid the acts and proceedings of. Sheriffs and Clerks in this

slate, in certain cases therein expressed.

WHEREAS the forty-sixth section of-the judiciary law of this state, passed in the year Preamble-
1799, requires, that before any sheriff shall enter upon the duties of his appointment,
and being commissioned by the Governor, he shall be bound for the faithful performance
of his duty by himself and his deputies, before any of the said judges, to the Governor
of the state for the time being, and to his successors in office, jointly and severally with
two good and sufficient securities, inhabitants and freeholders of the county, to be ap-
proved pf by the justices of the Inferior Court, or any three of them, in the sum of
twenty thousand dollars : And whereas a custom has heretofore prevailed with the exe-
cutive department of this state, in issuing the dedimus potestatem to qualify the sheriff,
to direct the same only to two or more justices of the Inferior Courts of the several
counties, in consequence of which the bond, in many cases, given by the sheriffs and
their securities, do not appear to have been attested by, or approved by more than two
justices of the Inferior Courts; and as doubts and difficulties may, and probably will, at
some future day arise, respecting the legality of the acts and proceedings of sheriffs,
when their bonds do not appear to have been approved by more than two justices as

Wkl

146

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1813.

(No. 89.) aforesaid, and the proceedings of the courts in the several counties may be called into
question ; for remedy whereof,

The acts of
sheriff's, who
have been
commissioned
by the Gover-
nor, taken the
oath of office,
given bond,
and security
which has
been approv-
ed by any one
or fnore of the
justices of the
Inferior
Courts,
legalized.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met,, and it is hereby enacted by the authority of the
same, That in all cases where persons have h^en elected sheriffs in the several coun-
ties in this state, and have been commissioned by the Governor, taken the oath of
office, and have given bond and security which has been approved by any one or more
of the justices of the Inferior Courts in the county; in which such person shall have been
elected and commissioned, and the person so commissioned and qualified has acted as
sheriff, that then, and in that case, all official acts done and performed by him, or his
deputies, and all judicial proceedings of the courts of the several counties, during the
time such person acted as sheriff, shall be taken, held and deemed as legal and valid as
if the aforesaid act of 1799 had been fully complied with, in taking the bond, and other-
wise qualifying the sheriffs aforesaid ; any law, usage or custom to the contranr not-
withstanding.

Official acts of
clerks and
sheriffs since
the 18th Octo-
ber last,
legalized.

Their conti-
nuance in
office.

And whereas, some doubts exist, with regard to the legality of the official acts of the
several clerks arid sheriffs of the different counties in this state, which have been trans-
acted since the 18th day of October last,

Sect. 2. Be it therefore enacted, That all official acts of any or all sheriffs and
clerks in this state, since the aforesaid eighteenth day of October last, shall be deemed,
held and considered as legal and valid in law as if such doubts had not, or did not
exist ; and they shall continue to act in their several official capacities until their sue-,
cessors are elected, commissioned and qualified.*

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate

Assented to, 6th December,, 1813,

PETER EARLY, Governor.

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1813.

147

AN ACT

(No. 90.)

To legalize and make valid certain acts of Angus M'Donald, as Deputy Clerk of
the Superior Court of the county of Wayne.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is enacted by the authority of the same, That all Certain acts of

. . tne deputy

acts or parts of acts of the said Angus McDonald, as deputy clerk of the Superior Court clerk of
of the county of Wayne, up to the first day -of November, eighteen hundred and thir- Walized.
teen, shall be held, deemed and considered valid in law, as if" such acts had been done
and performed by the clerk of the Superior Court of the county of Wayne, had he
continued in office.

. Sect. 2. And be it further enacted, That all acts, and parts of acts, militating with Repealing
this act, be,- and the same are Hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor.

clause.

.Assented to, 6th December, 1813.

AN ACT

(No. 91.

For the relief of persons who now are in the service of the United States, from
( this state.

WHEREAS, it may so happen that persons now in the service of the United States, Preamble
from this state, may be elected as sheriff clerk, tax collector,. county surveyor, or coro-
ner, and the time prescribed by law for them to qualify may expire previous to their
term of service ; for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is enacted by the authority of the same, That where Persons now

. "" "r J ■ in the servree

any person or persons, now in the service of the United States, from this state, shall be of the United

148

CLERKS, SHERIFFS, AND OTHER OFFICERS. 181;

*
(No. 91.) elected as tax receiver, tax collector, county surveyor, clerk, or sheriff of any court, or

coroner, or any other appointment which by law they, or either of them, would be re-
quired to give security, and qualify at any certain period, such person or persons shall
be at liberty, and it shall be lawful for him or them to qualify and give such security, at
any time previous to the first day.of April next ; any law to the contrary notwithstanding.

States, from
this state, who
may be elect-
ed to any of-
fice wherein
they would be
required to
qualify and
give security,
may do so at
any time pre-
vious to the
1st of April
next.

Assented to, 6th December, 1813,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

PETER EARLY, Governor.

(No. 92.)

AN ACT

To amend and repeal the second and third sections of an act, entitled " An act to
authorize the Clerks of the Superiof and Inferior Courts, Clerks of the Courts of
Ordinary, Sheriffs, Coroners, and Surveyors, to hold their offices during the
intervention behvee}\ the election and commissioning of their successors, and
to regulate the transfer of papers and monies,'' passed the 1 3th of December, 1 809.

Alt part of the
2d and 3d
sections of the
recited act re-
pealed.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and after the passing of this act, that so
much of the second and third sections of the before recited act, as compels clerks of
the Superior, clerks of the Inferior, and clerks of tlie .Courts of Ordinary, to make and
return a schedule of all the papers appertaining to their offices, thirty days before the
election of county officers, to the Inferior Courts of their counties, be and the same is
hereby repealed.

Clerks re-
quired to de-
liver to their
successors all
official books,
Sic. in 5 days
after their suc-
cessors are
qualified.

Proviso.

Sect. 2, 'And b.e it further enacted, That it shall be the duty of the clerks, aforesaid
to 'deliver over to their successors in office respectively, all the books and papers apper-
taining to their respective offices, within five days after their successors are qualified :
Provided, that "the said clerks shall make out and deliver to their successors in office
respectively, upon oath,*a fair and correct schedule of all the papers relative to any un-
finished business in their said offices respectively, in term bundles, and all other papers
and books appertaining to said office,- in good order,.

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1813, 1814.

149

Sect. 3. And be it further enacted, That all sheriffs, coroners, and clerks of any of (No. 92.)

the courts of this state shall, at any and all times, be subject to the order and rule of Sheriffs, &c.

. • . . . liable to the

said courts, after they have retired from their respective offices, in such cases, and in rule and order

» • of court

like manner as they Would have been, had they remained in office. though out of

Assented to, 6th December, 1813.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor.

office,

AN ACT

(No. 93.)

To repeal that part of the third section as relates to Clerks and Sheriffs, entitled
Jin act to authorize the Justices of the Inferior Court in the county of Bryan
to levy a county tax, not exceeding one-third of the general tax ; and to au-
thorize the said court to collect the monies arising from the rents of the Glebe
lands in said county, and to appropriate the same to the defraying comity
purposes, passed the Uh day of December, m the year one thousand eight
hundred and five.

WHEREAS, the justices of the Inferior Court of the county of Bryan are authoriz- Preamble
ed, by the above recited act, to pay monies to the clerks and sheriffs in said county, in
order that they may accept and hold their offices to the injury of the inhabitants ; for
remedy whereof,

Sect:. 1. BE it enacted by the Senate and House of Representatives of the state .
of Georgia, in General Assembly met, That so much of the above recited act as relates Repealing
to the clerks and sheriffs, be, and the same is. hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

JARED IRWIN,

President of the Senate, pro tern.

Assented" to, 23d November, 1814.

PETER EARLY, Governor,

150

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1815.

(No. 94.)

AN ACT

To compel Clerks of the Courts of Ordinary to give bond and security for the

faithful performance of their duty.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.

Clerks of the That from and after the first day of January next, it shall not be lawful for any clerk
Courts of Or- . . . . .

dinary requir- of the Court ot Ordinary to exercise the duty of that office, until they shall have re-
bond ancTse- spectively given bond and sufficient security to the justices of the Inferior Courts of'.
curity. each county respectively, made payable to his excellency the Governor for the time

being, and his successors in office, in the sum of two, thousand dollars, for the faithful

performance of their duty respectively.

i"
Justices of the Sect. 2. And be it further enacted, That it shall be the duty of the justices of the

Courtsto take ^n^erior Courts of each county in this state respectively, or any two or more of them,

such bond and to take such. bond and security, according to the provisions of the foregoing section,

conditioned well and truly to perform the duties required of them by law.

Said bond lia-
ble to suit, &c.

Sect. 3. And be it further enacted, That the said bonds so taken, as aforesaid, shall
be liable to suit and recovery, in the same way, and ,under the same provisions and re-
strictions, as are pointed out by law for recovery upon bonds given by Clerks of the
Superior and Inferior Courts, for the performance of their duty as clerks.

Assented to, 8th December, 1815,

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1815.

151

AN ACT

(No. 95.)

To define the duty of the Justices of the Inferior Courts, in regard to the books of
record of their respective counties, and to define the duties of the Clerks of the
Superior and Inferior Courts with respect to county funds.

WHEREAS, much injury may be sustained by the citizens of this state, from impor- Preamble,
tant matter being recorded on loose paper or books unbound, and subject to come to*
pieces in a short term of years ;

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is enacted by the authority of the same,

That it shall be the duty of the justices of the Inferior Courts to purchase, or cause The justices

r r rr • r of the Inferior

to be purchased, out of the county lund3, a sufficient number of well bound blank vo- Courts to pur-

lumes for the clerks of the Superior, Inferior, and Courts of Ordinary of their respec- bound blank

tive counties ; and that it shall be their duty to letter, or cause to be lettered and in- books foJ *e

clerks ol the

dexed, said volumes, as they in their judgment may think proper, and have them im- Superior, In-
ferior and Or-

mediately entered on the minutes of the court. dinary Courts,

to be lettered,,
&c.

Sect. 2. Andbe it further enacted, That the justices aforesaid shall, at the expiration Said clerks to

of each year, cause said clerks to produce a schedule of the books in their respective reCord an an-

offices, and have the same duly recorded, ofAe'took^

in their offices,

Sect. 3. And.it is hereby further enacted, *That it shall be the duty of clerks of Duty of the

the Superior and- Inferior Courts of the several counties in this state, to lay before superior and

the Inferior Court of their respective counties, at the first annual session of said *nle"or

r ' * Courts with

courts, a correct statement of the several sums of money received for county rates or regard to

'..,. . . • county funds,

taxes, tor fines, forfeitures, impositions, license or otherwise, in such method as that

the nett proceeds of the whole revenue of such county, and the amount of the several

disbursements in discharge of the several demands against such county, may distinctly

appear; and if any of the said clerks shall divert, misapply or conceal any of the ties for misap-

money belonging to such county, he shall forfeit and pay, to and for the use of such Ptyj"^' ^c

* See act of 1816, No. 99, authorizing the justices of the Inferior Courts to issue execution against any
clerk thereof, and his securities, when such clerk fails to pay over monies in his hands, &c. -

152

CLERKS, SHERIFFS,AND OTHER OFFICERS. 1815.

(No. 95.) county, double the money he shall be found so to have diverted, misapplied or con-
cealed, to be recovered before any court having jurisdiction of the same; and it shall
further be the duty of the said clerks to- record such statement of county funds in
proper books, to be provided at the expense of such county.

Repealing
clause.

Sect. 4. And be it farther enacted, That all laws and parts of laws, militating
against the foregoing act, are hereby repealed.

Assented to, 16th December, 18:

BENJAMIN WHITAKER,

speaker of the House of Representatives.

-WILLIAM RABUN,

President of the. Senate

D. B. MITCHELL, Governor.

(No. 96.)

AN ACT

To amend the fifth section of an act for the appointment of county officers, passed

on the sixteenth day of February, 1799.

Preamble. WHEREAS the said fifth section of the act aforesaid points out the mode of appoint-

ing constables for the several counties in this state, and directs the manner of their giving
bonds, but points out no mode by which the said bonds may be sued, in case of the
neglect of duty in said constables ; for remedy whereof,

Constables to
take an oath ;

Before whom.

Constables of
Savannah and
Augusta to
give bond and
security jn the
sum of

Sect. 1. BE it enacted by the Senate and House of Representatives -of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That all Constables here-
after appointed, shall, before they enter upon the duties of their appointments, ^ake the
oath prescribed by the said, fifths section of the act above recited, before any justice of the
Inferior Court, or justice of the peace $P and those constables resident in the cities of
Augusta and Savannah, shall give bond, with two or more good and sufficient securities,
in the sum of four hundred dollars, to the justices of the Inferior Court of the counties

* -See act of 1818, No. 107 ; the third section of which amends this act with regard to constables' bonds
See title " Elections," act of 1813, No. 198, authorizing constables to open and attend elections in certain
cases;, also title "Judiciary laws," act of 1811, No. 285, as to other duties, &c,

**=

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1816. ^53

of Richmond and Chatham, conditioned for the true and faithful discharge of the duties (No. 96.)
of their office ; and all other constables shall give bond in the sum of two hundred dol- All others in
lars, for the faithful discharge of the duties of their office, payable to the justices of the $200.
Inferior Courts of the respective counties ; which bond or bonds so given shall be de-
posited in the clerk's office of the Inferior Courts of the respective counties in this state,
and be taken by or before any justice of the peace, and may be sued by order of the Suits upon
Inferior Court, upon the application of any person or persons, who shall make it satis- regulated ^
factorily appear, that they have been injured by the misconduct or neglect of duty in
said constable; which suit shall be brought in the Superior Courts, for the use of the
person or persons so injured, any law to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

AN ACT

(No. 97.)

To legalize and make valid the acts and proceedings of the Sheriffs, Clerks and
other officers belonging to the Middle Judicial Circuit or District of this State.

WHEREAS, it has been represented to this legislature, that some of the officers afore- Preamble
said have proceeded upon the duties of their office, without having first taken the oath or
oaths required by the act passed on the sixteenth day of February, 1799, entitled An
act to compel all officers, civil and military, within this state, to take and subscribe an
oath to support the constitution thereof, and the act passed on the 5th day of December,
1799, entitled An act to give further time to the officers of this state to take and sub-
scribe the oath required by the act, entitled An act' to compel all officers, civil and mili-
tary, within this state, to take and subscribe an oath to support the constitution thereof,
passed the sixteenth day of February, 1 799 :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and by the authority of the same, That all acts and The acts of
proceedings, done and transacted by the sheriffs, clerks, and other officers belonging to SeSle °f

X judicial cir-

154

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1*16.

(No. 97.)

cuit legalized,
so far as re-
gards the oath
mentioned in
the preamble.

Their future
acts legalized
so far as re-
spects said
<*ath.

the middle judicial circuit or district of this state, so far as regards the said oath, be
held, deemed, taken and considered legal and valid to all intents and purposes whatso-
ever.

Sect. 2. And be it further enacted, That the acts that may hereafter be done by said
officers, during their continuance in office, prior to the first of January next, who may
not have taken the oath or oaths required by the acts before recited, be, and they shall
be held and taken as legal and valid, so far as respects the said oath, any law to the con-
trary notwithstanding,

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

(No. 98.)

AN ACT

To legalize the proceedings of the Superior and Inferior Courts of the respective
counties of this State, and to render valid the acts of the public officers of the
same.

The proceed-
ings of the
Superior and
Inferior
Courts of this
state, and the
acts of the
sheriffs,
clerks, &,c.
legalized, not-
withstanding
the oath pre-
scribed in the
act of 1799
has not been
taken, &c.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the judicial proceedings of the Superior and Inferior Courts of the several counties
in this state, as well as the acts of the sheriffs, clerks, and other public officers of the said
several courts, shall be, and they are hereby declared to be efficient, legal, valid and bind-
ing, notwithstanding any judge of the said Superior Courts, justice or justices of the
Inferior Courts, sheriff or sheriffs, clerk or clerks of any of the said several counties,
hath or have not taken and subscribed the oath directed to be taken and subscribed in
the act, entitled An act to compel all officers, civil and military, within this state, to take
and subscribe an oath to support the constitution thereof, passed the 16th day of Febru-
ary, 1799.

This act ex- Sect. 2. And be it further enacted by the authority aforesaid, That this act shall ex-

tended to the , .

future, as well tend to, and have the effect of legalizing and rendering valid, all past proceedings and

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1816. 155

acts of said courts and officers, as well as all other proceedings and acts of said courts (No. 98.)
and officers, which may take place, and be had, from and after the passing of this act. proceedfnm

' of said courts

and officers.
Sect. 3. And be it further enacted by the authority aforesaid, That all officers, civil and ah officers,

military, in this state, shall take an oath to support the constitution of this state, and of ^ at" t^e1_

the United States, and the form of said oath so to be taken and subscribed, shall be for- an oath to sup-
port the con-
warded with the dedimus to qualify the said officer, or be taken and subscribed at the stitution of

. . . . . this state.

time of receiving said commission.

Sect. 4. And be it further enacted by the authority aforesaid, That the said act, enti- Repealing
tied An act to compel all officers, civil and military, within this state, to take and sub-
scribe an oath to support the constitution thereof, be, and the same is hereby repealed,

BENJAMIN WHITAKER,

, Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 99.)

To compel Clerks of the Inferior Courts in this state to pay over money depo-
sited in their hands.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
.same, That from and after the passage of this act, it shall and may be lawful for the The justices
justices of the Inferior Court, or a majority of them, in each county, respectively, of courts autho-
this state, when any clerk of the Inferior Court may or shall refuse or neglect to pay nzed *? iSSue
over any money or monies, belonging to the county funds, deposited or paid to him, for against any

clerk of the
the use of the county for which he is the clerk, to issue an execution against such clerk Inferior Court,

and his security or securities", directed to the sheriff or officer authorized to execute the rities" who

same, commanding him to levy the same on the estate, both real and personal, belonging 'payo^/r any°

to the said clerk and his security or securities, as the case may be, or so much thereof money belong-

L5t>

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1816.

(No. 99.) as will be sufficient to satisfy such execution and cost thereon, and such other proceed-
count *fund *n^S S^a^ ^e ^ac^ tnereon> as are usual on other executions issued upon judgments.

Repealing Sect. 2. And be it further enacted, That all laws and parts of laws heretofore pass-

ed, militating against this act, be, and the same are hereby repealed.

Assented to, 19th December, 1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

(No. 100.)

AN ACT

To compel the Clerks of the Superior and Inferior Courts for the county of
Glynn, to keep their offices within one mile of Brunswick.

Preamble. WHEREAS, great inconvenience has, and hereafter might accrue, from the offices

being kept several miles from the site of the public buildings :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

The clerks of That from and after the 1st day of February, 1818, it shall be the duty of the clerks of

and Inferior ^e Superior and Inferior Courts, in the county of Glynn, to keep their offices, books

Courts of an(j papers^ tnat belong to the respective offices in said courts, at or within one mile of

required to Brunswick, in said county,
keep their of-
fices at or within one mile of Brunswick.

Penalty for Sect. 2. And be tt further enacted, That the said clerks shall forfeit and pay the sum

tailing to com- , ,

plv. of thirty dollars, for each and every month they, or either of them, shall fail to comply

with the requisitions of this act ; to be recovered in the Superior Court in said county,

on motion of the attorney or solicitor general, by attachment as for contempt of court,

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1817.

157

and to be considered as a part of the county funds ; any law to the contrary notwith- (No. 100.)
standing.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.
Assented to, 10th December, 1817.

WILLIAM RABUN, Governor.

AN ACT

(No. 101.)

To legalize and make valid certain acts of the Sheriff of Jasper county, and his

deputies.

WHEREAS, it appears that the bond given by the last sheriff of Jasper county, and Preamble,
the oath administered to him when he was qualified into office, have never been record-
ed on the -minutes of the court, as prescribed by law ; for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That all the official acts of the late sheriff, and his deputies, of the county aforesaid, are
hereby legalized and made as valid, to all intents and purposes, as if the bond and oath
aforesaid had been entered on the minutes of the court, according to law j and that
they now be entered on the minutes of the said court.

Assented to, 10th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor,

The acts of
the sheriff and
his deputies of
Jasper county
legalized, al-
though his
bond and oath
has not been
duly record-
ed.

158

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1817.

(No. 102.)

AN ACT*

To amend the third section of an act, entitled An act pointing out the duty of
Sheriffs, in selling lands under execution, passed the twenty-second day of De-
cember, 1808.

The recited
act, so far as
it regards
Jackson coun-
ty, repealed.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and after the passing of this act, so
much of the above recited act as requires the sheriffs of the different counties to adver-
tise their sales in some public paper, printed in their respective circuits, so far as re-
spects the county of Jackson, be, and the -same is hereby repealed.

Sheriffs of
Jackson and
Clark coun-
ties required
to advertise
their sales in
one of the pa-
pers of Mil-
ledgeville.

Sect. 2. And be it further enacted, That the sheriffs of Jackson and Clark coun-
ties be, and they are hereby required to advertise their sales in one of the public pa-
pers in Milledgeville, any law to the contrary notwithstanding. f

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 19th December, 1817.

WILLIAM RABUN; Governor.

* See act of 1819, No. 109.

t This act amended as to Clark county by act of 1818, No. 106,

CLERKS, SHERIFFS, AND OTHER OFFICERS. 181?. 159

AN ACT (No. 103.)

To allow Clerks to appoint Deputies.

WHEREAS, considerable inconvenience arises to the good citizens of this state, in Preamble.
consequence of the non-appointment of deputies by the clerks of the Superior, Inferior
and Corporation Courts, and the Courts of Ordinary of this state; for remedy
whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met,- and it is hereby enacted by the authority of the
same, That immediately from and after the passing of this act, the said clerks shall be Clerks autho-
allowed to appoint a deputy or deputies, in the same manner and under the same rules point depu-
and regulations as deputies of sheriffs are now by law appointed, who may continue in ties*
office during the term of his or their said principal or principals, unless specially re-
moved : Provided always, that in case of the death, resignation or disability of the said Proviso-
principal clerk or clerks, the power and authority of the said deputy or deputies shall
cease and determine, and that the said several principal clerks shall, in all cases, be
responsible for the acts of each and every of their said deputies and agents.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 181?.

WILLIAM RABUN, Governor.

160 CLERKS, SHERIFFS, AND OTHER OFFICERS. 181?.

(No. 104.) AN ACT

To legalize the proceedings of the Superior, Inferior Court or Courts, and
Courts of Ordinary , in the county of Columbia, so far as respects the acts
of Clerk or Clerks, performed by deputy or deputies, agent or agents, and to
make the same valid.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

The acts of That the individual proceedings of the Superior, Inferior Courts, and Courts of Ordi-

or agents in S nary °f tne county of Columbia, so far as relates to the clerk or clerks of said court

thri ?u?e"or or courts, shall be, and they are hereby declared to be efficient, legal, valid and binding,

Courts, and notwithstanding the proceedings and acts of said clerk or clerks were performed by
Court of Ordi-
nary of Co- deputy or deputies, agent or agents,
lumbia coun-
ty, legalized.

This act ex- Sect. 2. And be it further enacted, That this act shall extend to, and have the

acts perform- effect °f legalizing any past proceedings and acts of said clerk or clerks, performed as

ed as afore- aforesaid, any law to the contrary notwithstanding.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 18th December, 1817. <

WILLIAM RABUN, Governor.

'■ ■

CLERKS, SHERIFFS, AND OTHER OFFICERS. 18ir. i61

AN ACT . * (No. 105.)

To alter and amend the forty-seventh section of the Judiciary System of this state,
and pointing out the manner of filling vacancies in the offices of the Superior
and Inferior Courts.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same,
That when the sheriff, clerk of the Superior Court, or clerk of the Inferior Court's Vacancies of
office in any county, shall be vacated by death, resignation or otherwise, the justices of how' filled0
the Inferior Court, or a majority of them, shall immediately meet at the court-house in
the county where such vacancy may happen, and proceed to fill* said vacancy by ap-
pointing a fit and proper person, who shall give bond and security in the usual amount,
and in the usual form, and take the usual oath, and such person shall be liable for: the
duties of sheriff in the county for which he was appointed; and such person shall con-
tinue in office, unless otherwise specially removed, until a successor is elected and
qualified. ♦

* • ■ * • - -

Sect. 2; And be it further enacted, That in the absence of the sheriff or his deputy, m. the absence

it shall and may be lawful for the judges of the Court of Ordinary, to direct said court or hi" d^uty,

to be opened and attended by the coroner or any constable of the county, and they Ordinary'mty

may make a reasonable compensation to the said coroner or constable for his ser- be °Pened>

■ . . &c. by the co-

roner or any
constable.

vices.

Assented to, 19th December, 1817.

BENJAMIN WILLIAMS,

speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor

162

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1818.

(No. 106.)

AN ACT

To amend an act, entitled An act to amend the third section of an act, entitled An
act pointing out the duty of Sheriffs in selling lands under execution, passed the
22d December, 1808, which amending act was passed the 19th December, 1817.

Repealing
clause.

The sheriff of
Clark county
authorized to
advertise his
sales in any
public paper
in the western
circuit, or in
Milledgeville

Sect. 1. BE it enacted^by the Senate and House 'of Representatives of the state
of Georgia, in General Assembly met, That so much of, the above recited act as com-
pels the sheriff of Clark county to advertise his sales in one of the public papers* in
Milledgeville, be, and the same is hereby repealed • and that the said sheriff of Clark
county is hereby authorized, at his discretion, either to advertise his sales in any public
newspaper in the western circuit, or in the town of Milledgeville, anything in the above
recited act to the contrary notwithstanding.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

Assented to, 20th November, 1818.

MATTHEW TALBOT,

President of the Senate*

WILLIAM RABUN, Governor.

No. 107.)

AN ACT
To extend the powers of Sheriffs and Constables in certain cases.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

sheriffs au- That it shall be lawful for sheriffs, in all cases where a bail or criminal process is placed

serve a bail in their hands, and the person against whom it may be is moving about from one county

or criminal tQ anotner for the said sheriff, or his deputy, to follow the said person or persons into

process in any ' 7 r J 7 J r

county, when ariy county in this state, and serve the said process.

the person

asrainst 'whom it is shall be moving about from one county to another. 4 «

Power of Sect. 2. And be it further enacted, That it shall be lawful for any constable, and he

tended as to is hereby required, in all cases where a bail or criminal process is placed in his hands,

bairo/crlmi- anc^ the person against whom the same may be is moving about from one district to

nal process.

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1818. |6S

another, to serve the said process in any district within the county in which he may be (No. 107.)
constable.

Sect. 3. And 'be it' further enacted, That each and every constable shall give bond, Constables re-

i • , i ri i • • r i " • i • quired to give

with two or more securities, to be judged or by the justices ot the peace, in their respec- bond and se-

tive districts, in the sum of five hundred dollars, (unless said district be in a town, and cun y'

in that case, one thousand dollars,) for the faithful performance of the duties of their

office of constable. All laws, or parts thereof, militating against this act, are hereby Repealing

clause,
repealed. •

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLLAM RABUN, Governor.

AN ACT - '. (No. 108.)

To relieve Criminals and other persons confined in the Jails of this state.

WHEREAS, criminals and other persons confined in the jails of this state, are exposed Preamble.
to unnecessary hardship and sufferance, from the want of medical "aid, when sick ; from
the want of fire in cold weather ; and from the want of clothes and blankets, and other
comforts necessary to health : for remedy whereof,

'♦ ■

Sect. 1. BE it enacted by the Senate and House of Representatives,, in General Assem-
bly Thet, and it is hereby enacted by the authority of the same, Thatit shall be the duty of Sheriffs re-

• rr r 1 'tj • '• • • i i quired to pro-

the sheriffs or each county, whenever a criminal or criminals, or other person or persons, cure medical

are confined in the jail of the county of which he is sheriff, to furnish or procure medi- ^rs mriaii1S°

cal aid, whenever the sickness of the person or persons confined in jail require said aid ;

it shall also be the duty of the sheriff to furnish such person or persons, so confined, with To furnish
r i ' r r them with fire

fire, whenever the. form oi the jail admits of the same, and the coldness of the weather in cold wea-

makes fire necessary to comfort and health; it shall also be the duty of the sheriff to &<?r' ance '

furnish such persons so confined, with a sufficient quantity of blankets and clothing for

the health and comfort of persons so confined; Provided, the person or persons so con- Proviso,

fined have not the power of procuring blankets and clothing themselves ; it shall also be

Y 2

164 CLERKS, SHERIFFS, AND OTHER OFFICERS. 1818.

(No. 108.) the duty of the sheriff to keep the jail of the county of which he is sheriff, in that state
Proviso. of cleanliness necessary to health : Provided, nothing contained in this act shall be Con-

sidered as arresting, or taking from the corporation of the city of Savannah, the right
and control over the jail of the county of Chatham, now exercised by them under a
special act of this state.

Liability of Sect. 2. Be it further enacted, That if any sheriff should,' by his negligence, permit

SiiP "'ITT in CRS6

any prisoner any criminal or criminals, or other person or persons, confined in the jail of the county
forwantof °^ wnJcn he *s sheriff^ to suffer in health for want of such medical aid, fire, blankets,

such medical clothes, and cleanliness, as above pointed out, he shall be subject to indictment for such
aid, &c. r .

neglect, and upon conviction, shall be fined by the court in a sum not more than five

hundred dollars, which fine shall be paid to the- clerk of the Inferior Court of the

county, and made part of the county funds.

Jailors' fees in- Sect. 3.* And be it further enacted, That the jailors of the several counties of this
creased 50 per

cent. state, shall be allowed to charge the sum of fifty per cent, on all charges heretofore al-

lowed by law.

Expenses in- Sect. 4. And be it further enacted, That whenever the sheriff of any county shall

currcd by vir-

tue of this act, have incurred any expense in the performance of his duty, as above prescribed, he shall

fiow deiraye . ja^ before the Inferior Court of the county of which he is sheriff-- an account of the

same, who shall pay the same out of any funds belonging to said county, in preference

of all other claims upon said fund whatsoever.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

* See title, " Fees, &c." act of 1819, No. 250, by which jailors' fees are settled at 25 per cent, on those
established previous to the 1st of December, 1818.

CLERKS, SHERIFFS, AND OTHER OFFICERS. 1819. 165

AN ACT (No. 109.)

To amend an act, entitled An act to amend the third section of an act, entitled An
act pointing *out the duty of Sheriffs in selling lands under execution, passed
the 22d December, 1808.

Sect.-1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, so much of the above recited act as requires Repealing

section

the sheriff of the county of Jackson to advertise his sales in one of the public papers
in Milledgeville,*be, and the same is hereby repealed.

Sect. 2. And be it further enacted, That the sheriff of the county of Jackson be, The sheriff of

• . ..,.,. . Jackson coun-

and he is hereby required, to advertise his sales in any public paper printed within the ty authorized

western circuit, or in one of the public papers printed in Milledgeville, any law to the iSs rales in any

contrary notwithstanding. public paper

J P ♦ in the western

circuit, or in

DAVID ADAMS, Milledgeville.

Speaker of the House of Representatives.

. MATTHEW TALBOT,

* President of the Senate.

Assented to, 23d November, 1819

JOHN CLARK, Governor.

IQ6 CLERKS, SHERIFFS, AND OTHER OFFICERS. 1819.

(No. 110.) AN ACT

To repeal an act, entitled An act to compel the Clerks to keep their offices at the
Court-house of their respective counties, or within one mile thereof , passed the
1th day of December, 1807,, so far as respects the county of Montgomery.

Sect. 1. BE it enacted by the Senate and House of Representatives of the .state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same9
Repealing That the before recited act, so far as respects the county of Montgomery ^ be, and the
same is hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 9th December, 1819.

JOHN CLARK, Governor.

[ 167 ]

CONFISCATION.

AN ACT

To amend an act, entitled Jin act to establish a fund for the redemption of the

public debt of this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That- it shall not be lawful for the commissioners, or Sales of con-
any one or more of them, to make sale of any confiscated or reverted -property, until perty regulat-
they shall have reported the same to the legislature of this state, and their decision or e '
further direction be had thereon. J

Sect. 2. And be it further enacted. That the said commissioners of confiscated and Duty of the

i i«it, , commissioners

reverted property, shall, m all cases where property may come to their knowledge, make of confiscated

report of the same to the next succeeding legislature, after having given, notice in one property.

of the public gazettes of the cities of Augusta and Savannah, with a full description of

such property so to be by them reported, at least three months previous to the meeting

of the same.

Sect. 3. And be it further enacted, That on the amount of all sales hereafter made Their com-
by the said commissioners, they shall be entitled to and receive their two and a half per
cent., payable in such certificates as shall be receivable in payment for the same j and
that all informers shall also receive their per centum in the same.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor=

168 CONFISCATIONS. 1818.

(No. 112.) AN ACT

To take off the act of Confiscation and Banishment the name of John McCor-
mick, his heirs and devisees, and assigns.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

The recited Georgia, in General Assembly met, That the act, entitled An act for inflicting penalties

act, so far as . . r i 1 •

it regards on, and confiscating the estates or such persons as are therein declared guilty of trea-

mick, repeal- son> and f°r other purposes, passed the fourth day of May, one thousand seven hundred
ed* and eighty-two, so far as -the same relates to John McCormick, be, and the same is

Proviso. hereby repealed : Provided, that nothingin this act shall be so construed as to affect any

property, the title to which has been derived from this state, or which has been sold ac-
cording to the -above recited act.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to,* 19th December, 1818.

WILLIAM RABUN, Governor,

[ 169 ]

COSTS,

AN ACT
To provide for the payment of costs* in certain cases therein mentioned.

WHEREAS, it frequently happens in this state, that persons prosecuted for offences Preamble.
not capital, after their arrest, so dispose of their estates as to involve the county where
such offences are committed in the cost accruing on such prosecution ; for remedy-
whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor- When any

gia, in General Assembly ir\ft, and it, is hereby enacted by the authority of the same, be prosecuted

That where any person or persons shall be prosecuted for any criminal offence, whether offenceTh^

capital or otherwise, whether grand or petit larceny, whether as accessory before or °fficer issuing

after the fact, or any misdemeanor whatever, that it shall be the duty of the officer issuing to arrest, shall

a warrant to arrest him, her, or them, to direct the arresting officer in writing, under his resting officer

hand and seal, to make diligent search for all and singular the estate, both real and per- ^ secure a

sonal, of such person or persons so arrested, or so much thereof as will be, in his sufficient por
1 . tion of such

opinion, sufficient for the payment of all legal costs and expenses that may be incurred person's pro-

in such prosecution ; a true schedule of which property so found and secured, the said fy all costs, &c.

arresting officer shall render to the court to which he returns the warrant, so by him tion1 unless

executed, unless the party arrested give good security to pay the costs which may accrue the party give

on the prosecution, the payment

thereof

* See title, " Judiciary laws," act of 1812, No. 288, making attornies liable for costs in certain cases; also
&ct of 1819, No. 294, authorizing justices of the peace to require any person residing out of the county, who
may apply for a civil process, to deposit the cost, or give security for the same.

> z

170 COSTS. 1816.

(No. 113.) Sect. 2. And be it further enacted by the authority aforesaid, That in the event of the
Property of saj^ person or persons charged as aforesaid, being found guilty of the offence or offences

charged liable wherewith he, she, or they were charged, that then, and in that case, all the property

for costs, in , . •

cast- lie be found as aforesaid, together with all and singular the estate or estates, both real and

• personal, which he, she, or they possessed, of his, her or their own proper right, at the

time of his, her or their arrest, shall, and the same is hereby declared to be subject and

bound to the payment of the costs and charges alluded to in the foregoing section ; any

law, usage, or custom, to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.
Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

C 171 ]

CONSTITUTION, AMENDMENTS OF THE.

1811

AN AGT* (No. .114.)

To amend the fourth and fifth sections of the third article of the Constitution

of this state.

WHEREAS, the fourth and fifth sections of the third article of the constitution of Preamble,
this state, are in the words following, viz : Fourth section : " The justices of the Infe-
rior Courts, shall be appointed by the General Assembly, and be commissioned by the
Governor ; and shall hold their commissions during good behaviour, or as long as they
respectively reside in the county, for which they shall be appointed, jmless removed by
sentence on impeachment, or by the Governor on the address of two-thirds of each
branch of the General Assembly ; they may be compensated for their services in such
manner as the legislature may by law direct." v

Fifth Section. " The justices of the peace shall be nominated by the Inferior Courts
of the several counties, and commissioned by the Governor, and there shall be two jus-
tices of the peace in each captain's district, either or both of whom shall have power to
try all cases of a civil nature within their district, where the debt, or liquidated demand,
does not exceed thirty dollars, in such manner as the legislature may by law direct;
they shall hold their appointments during good behaviour, or until they shall be remov-
ed by conviction, or indictment in the Superior Court, for mal-practice in office, or for

* The amendment contained in this act, having been duly made, became a part of the constitution; but, it
being afterwards found to be inconvenient in its operation, another amendment was adopted in lieu thereof;
for which, see act of 1818 and 1819, No. 117.

Z 2

172

CONSTITUTION, AMENDMENTS OF THE. 1811 & 1812.

(No. 114.) any felonious or infamous crime, or by the Governor on the address of two-thirds of
each branch of the legislature."

And whereas, the term of good behaviour has a tendency to destroy that sense of re-
sponsibility, which should ever be kept alive in a free country, and felt by every indivi-
dual in whose hands the duties of office are reposed f

This act to be-
come a part of
the constitu-
tion.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same it is hereby enacted,
That as soon as this act shall have passed, agreeably to the requisitions of the constitu-
tion, that then the sections above recited shall be repealed, and the following adopted
in lieu thereof :

Justices of
the Inferior
Courts, when
and how elect-
ed and com-
missioned.

Plow remov-
ed.

May be com-
pensated for
their services.

Five for each
county.

Vacancies,
how filled.

Sect. 2. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the justices of the Inferior Courts shall be elected on the third Tuesday in Octo-
ber, eighteen hundred and thirteen, and on the third Tuesday in October in every fourth
year thereafter, by the electors entitled to vote for members of the General Assembly,
which election shall be held and conducted in the same manner as pointed out by law
for the elections of clerks and sheriffs ; and the persons so elected shall be commission-
ed by the Governor, and continue in office for the term of four yearsj unless removed
by impeachment for mal-practice in office, or by the Governor, on the address of two-
thirds of .both branches of the General Assembly ; they may be compensated for their
services in such manner as the legislature may by law direct ; and there shall be five
justices for each county, who shall hold their offices until their successors are elected
and qualified ; and when any vacancy shall happen by death, resignation, or otherwise,
of any justice of the Inferior Court, it shall be the duty of two or more justices of the
Inferior Court^ or justices of the peace, to give at least. twenty days notice by adver-
tisement, at three of the most public places in the county, previous to the election, to
fill such vacancy; which election shall be held in the same manner as is by this section
before expressed.

Two justices
of the peace
in each cap-
tain's district.

Their jurisdic-
tion.

When and
how elected.

Sect. 3. And be it further enacted by the authority aforesaid, That there shall be two
justices of the peace in each captain's district, in the several counties of this state, either
or both of whom shall have power to try all cases of a civil nature within their dis-
trict, where the debt or liquidated demand does not exceed thirty dollars, in such man-
ner as the legislature may by law direct; they shall be ejected on the first Saturday in
January, eighteen hundred and thirteen, and on the first Saturday, in January in every
fourth year thereafter, by the citizens of the district to which they respectively belong,
entitled to vote for members of the General Assembly; which election shall be super-

CONSTITUTION, AMENDMENTS OF THE. 1811 Sc 1812. 173

intended by three freeholders of the district, "whose duty it shall be to take the follow- (No. 114.)

ing oath, to be administered by the captain, or commanding officer of said district, to

wit: a I, A. B. do solemnly swear, that I will, to the best of my abilities, superintend

the election of justices of the peace for this district, so help me God;" and they shall Return of the

transmit a return of said election, within twenty days, to his excellency the Governor,

who is hereby authorized to commission the persons so elected accordingly; and they Continuance

shall hold their appointments during the term of four years, and until their successors

are elected and qualified, unless they shall be removed by conviction on indictment in How remov-
ed,
the Superior Court, for mal-practice in office, or for any felonious or infamous crime,

or by the Governor on the address of two-thirds of each branch of the legislature. And Vacancies,
when any vacancy shall happen by death, resignation, or otherwise, of any justice of the
peace, between the time of such election and the expiration of the time for which such
justice or justices were elected, it shall be the duty of two of the justices of the peace,
in any of the adjoining districts where such vacancy or vacancies may happen, to ad-
vertise in three of the most public places in the district, where such vacancy or vacan-
cies may happen, the time of holding an election for the purpose of filling such vacancy
or vacancies, and give at least fifteen days notice of the time and place where such elec-
tion shall be held, which shall be in the district where such vacancy or vacancies shall
have happened; and it shall be the duty of the said justices to superintend such elec-
tion, and certify the same, under their hands, to his excellency the Governor, who shall,
within ten days after receiving the same, commission the person having the highest
number of votes, provided the. same is not contested.

ROBERT IVERSON, . -}

- Speaker of the House of Representatives. I

MATTHEW TALBOT,

j "*< President of the Senate, j

BENJAMIN WHITAKER, 1

Speaker of the House of Representatives. I

WILLIAM RABUN,

President of the Senate. J

Passed in 1811 and 1812, and became a part of the constitution.

174

CONSTITUTION, AMENDMENTS OF THE. 1817 8c 1818.

(No. 115.)

AN ACT*

To alter and amend the fourth section of the second article of the Constitution.

Preamble. WHEREAS, the fourth section of the second article of the constitution is in the follow-

ing words : " In case of the death, or resignation or disability of the Governor, the
president of the senate shall exercise the executive powers of government until jsuch
disability be removed, or until the the meeting of the next General Assembly,"

And whereas, the said section requires amendment :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it. is hereby enacted by the authority of the same,

The recited That so soon as this act shall have passed agreeably to the requisitions of the con-
section • .. . .
amended. stitution, the above section shall be amended to read as follows :

Provision in In case of the death, resignation or disability of the Governor, the president of the

case of vacan- , , . • i r i -in i • c

cy in the ex- senate, or the last acting president ol the senate, shall exercise the executive powers of

ecutive office. t^e g0vernment until such disability be removed, in the election and qualification of a

Governor by the General Assembly : And in case of the death, resignation or disability

of the president of the senate, or of the 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 powers of the government, until such disability be removed,

in the election and qualification of a Governor by the General Assembly.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives. .

r J J r J>i8ir.

MATTHEW TALBOT,

President of the Senate. J

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 15th December, 1818.

WILLIAM RABUN, Governor.

Passed in 1817 and 1818, and became apart of the constitution.

M818..

* This act, having been passed in the manner prescribed by the constitution, now forms a part thereof.

CONSTITUTION, AMENDMENTS OF THE. 1817 & 1818. 175

AN ACT* (No. 116.)

To alter and amend the first section of the third article of the Constitution.

WHEREAS, the first section of the third article of the constitution is in the following Preamble,
words : "The judicial powers of this state shall be vested in a Superior, Inferior and
and Justices' 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, removable by the Governor on the address of two-thirds of both branches
of the General Assembly for that purpose, or by impeachment and conviction thereon.
The Superior Courts shall have exclusive and final jurisdiction in all 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 of tribunal as shall be, or may have been pointed out by law,)
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 air other civil cases ; and shall have power to correct
errors in inferior judicatories by writ of certiorari, as well as errors in the Superior
Courts, and order new trials on proper and legal grounds : Provided, that such new trials
shall be determined, and such errors corrected, in the Superior Courts of the county in
which such action originated ; and the said court shall have appellate jurisdiction in
such other 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 there-
of, 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
jurisdiction in all civil cases, (except in cases respecting the titles to lands ;) which shall
be tried in the county where the defendant 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 ap-
pointed by the legislature."

* The amendments contained in this act now form a part of the constitution.

A76 CONSTITUTION, AMENDMENTS OF THE. 1817 Sc 1818.

(No. 116.) And whereas said section requires amendment :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and by the authority of the same, TJhat the

Judicial judicial powers of this state shall be vested in a Superior, Inferior, and Justices' Courts,

and such other courts as the legislature shall from time to time ordain and establish.

Judges of the The judges of the Superior Courts shall be elected for the term of three years, and shall

Courts their continue in office until their successors shall be elected and qualified ; removable by the

in"fficeanCe Governor, on the address of two-thirds of both branches of the General Assembly for

How re- that purpose, or by impeachment and conviction thereon. The Superior Courts shall

moye,.' . „ have exclusive and final jurisdiction in all criminal cases, (except as relates to people of
Jurisdiction of J * r r

the Superior colour, and fines for neglect of duty, and for contempt of court, for violations against

Exceptions, 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 penitentiary ; in all

such cases corporation courts, such as now exist, or mayhereafter be constituted, in any

incorporated city, being a sea-port town and port of entry, may be vested with jurisdic-?.

tion, under such rules and regulations as the legislature may hereafter by law direct ;)

which shall be tried in the county where the crime was committed ; and in all cases

respecting titles to lands, which shall be tried in the county where the land lies ; and also

May correct concurrent jurisdiction in all other civil cases ; and shall have power to correct errors

order new m inferior judicatories by writ of certiorari, as well as errors in the Superior Courts, and

tn order new trials on proper and legal grounds : Provided, that such new trials shall be

Proviso*

determined, and such errors corrected, in the Superior. Court of the county in which

Appellate such action originated ; and the said court shall have appellate jurisdiction in such other

cases as are or may be pointed out by law, which shall in no case tend to move 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

Jurisdiction of of the court. The Inferior Courts shall also have concurrent jurisdiction in all civil

Courts. cases, (except in cases respecting the titles to lands,) which shall be tried in the county

Joint obligors where the defendant resides; and in case of joint obligors and joint promissors, residing

ferent coun- in different counties, the same may be brought in either county, and a copy of the peti-

ues, iow sue . tjQn an(j 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

The Superior legislature have or may direct. The Superior and Inferior Courts shall sit in each

Courts to sit county twice in every year, at such stated times as have or may be appointed by the

in each county legisJatureo
biennially, °

CONSTITUTION, AMENDMENTS OF THE. 1817 Sc 1818. 277

Sect. 2. And be it farther enacted, That so soon as this act shall have undergone the (No. 116.)

requisitions required by the constitution, it shall become a part of the constitution This act to

9 Dccomc jh

of this state. . part of the

constitution.

BENJAMIN WILLIAMS, 1

Speaker of the House of Representatives. I

MATTHEW TALBOT,

President of the Senate

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate. \

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

Passed, 1817 and 1818, and became a part of the constitution.

• AN ACT* . (No. 117.)

To alter and amend the second and third sections of an act passed in 1811 and
1812, entitled An act to amend the fourth and fifth sections of the third arti- .
cle of the Constitution of this State, which said second and third sections are
adopted in lieu of the said fourth and fifth sections of the third article of the
Constitution.

':';'• ; :

WHEREAS, the said second and third sections as aforesaid are in the following Preamble,
words, to wit: " Sec. 2. That the justices of the Inferior Courts shall be elected on
the third Tuesday in October, eighteen hundred and thirteen, and on the third Tuesday
in October in every fourth year thereafter, by the electors entitled to vote for members
of the General Assembly, which election shall be held and conducted in the same man-
ner as pointed out by law for the elections of clerks and sheriffs ; and the person so
elected shall be commissioned by the Governor, and continue in office for the term of
four years, unless removed by impeachment for mal-practice in office, or by the Go-
vernor on the address of two-thirds of both branches of the General Assembly; they

The amendment contained in this act now forms apart of the constitution; the act having- been passed in
the manner prescribed by the constitution.

178 CONSTITUTION, AMENDMENTS OF THE. 1818%. 1811

(No. 117.) may be compensated for their services in such manner as the legislature may by law-
direct ; and there shall be five justices for each county, who shall hold their offices un-
til their successors are elected and qualified ; and when any vacancy shall happen by
death, resignation or otherwise, of any justice of the Inferior Court, it shall be the
duty of two or more of the justices of the Inferior Court, or justices of the peace, to
give at least twenty days notice by advertisement, at three of the most public places in
•the county, previous to the election to fill such vacancy, which election shall be held in
the same manner as is by this section before expressed.

" Sec. 3. That there shall, be two justices of the peace in each captain's district, in
the several counties of this state, either or both of whom shall have power to try all
cases of a civil nature, within their district, where the debt or liquidated demand does
not exceed thirty dollars, in such manner as the legislature may by law direct. They
shall be elected on the first Saturday in\January, eighteen hundred and thirteen, and on
the first Saturday in January in every fourth year.thereafter, by the citizens of the dis-
trict to which they respectively belong, entitled to vote for members of the General
Assembly ; which election shall be superintended by three freeholders of the district^
whose duty it shall be to take the following oath, to be administered by the captain
or commanding officer of said district, to wit: 'I, A. B. do solemnly swear, that I
will to the best of my abilities superintend the election for justices of the peace for
this district; so help me God;' and they shall transmit a return of said election, within
twenty days, to. his excellency the Governor, who is hereby authorized to commission
the persons so elected accordingly ; and they shall hold their appointments during the
term of four years, and until their successors are elected and qualified ; unless they
shall be removed, by conviction on indictment in the Superior Court, for mal-practice in
office, or for any felonious or infamous crime, or by the Governor on the address of
two-thirds of each branch of the legislature ; and when any vacancy shall happen by
death, resignation or otherwise, of any of the justices of the peace, between the time
of such election and the expiration of the time for which such justice or justices were
elected, it shall be the duty of two of the justices of the peace in any of the adjoin-
ing districts, where such vacancy or vacancies may happen, to advertise in three of
the most public places in the district where such vacancy or vacancies may happen,
the time of holding an election for the purpose of -filling such vacancy or vacancies,
and give at least fifteen days notice of the time and place where such election shall
be held, which shall be in the district where such vacancy or vacancies shall have
happened; and it shall be the duty of said justices to supeiintend such election, and
certify the same under their hands to his excellency the Governor, who shall, within
ten days after receiving the same, commission the person having the highest number
of votes : Provided^ the same is not contested."

CONSTITUTION, AMENDMENTS OF THE. 1818 8c 1819.

179

And whereas it has been found, from experience, that the said two before recited (No. 117\)
sections have not those beneficial effects which it was designed they should produce :

" Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly: met, and it is hereby enacted by the authority of the same,

That as soon as this act shall~have passed agreeably to the requisitions of the constitu- Repealing

tion, that then the sections above recited shall be repealed, and the following adopted

in lieu thereof.

Sect. 2. BE it enacted by the Senate and House of Representatives of the state of

»
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the justices of the Inferior Court shall be elected by the persons entitled to Elections for

... . justices of the

vote for members of the legislature, in such manner as the legislature may by law inferior

,. , Courts.

direct.

Sect. 3. And be it further enacted, That the justices of the peace^throughout For justices of
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.*

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Assented to, 23d November, 1819.

JOHN CLARK, Governor.
* Passed in 1818 and*181.9, and became a part of the constitution.

See title "Judiciary latvs," act of 1819, No. 297, to carry into effect the constitution as herein amended.

Aa 2

[ 130 ]

^COUNTIES, COURT-HOUSES, AND JAILS.

' AN ACTf '

To make permanent the site of the Public Buildings in the county of Telfair.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assembly

Site of the met, and by the authority of the same, That from and after the passing of this act, the

public build- .

ings in Telfair public buildings of Telfair county shall, be erected on part of lot No. 79, purchased

y' from Jesse Wiggins, junior, in the eighth district, formerly Wilkinson county, on the

Ocmulgee river, by the commissioners appointed to fix on said site, in conformity with

an act passed at the session of the legislature, the eighth day of December, one thousand

eight hundred and ten.

Lots may be Sect. 2. And be it further enacted, That the commissioners be, and are hereby au-

thorized, to lay off and make sale of such lots as may be necessary to defray the expense
of the public buildings of said county.

Justices of the Sect. 3. And be it further enacted, That the justices of the Inferior Court, or a ma-
shall let out jority °f them, be, and they are hereby authorized and, required, to let the building of
the building- ot ^q court-house and jail for said county to the lowest bidder ; first giving at least thirty

house and jail jayg notice of the time of letting the said buildings, in some one or more of the public
to the lowest y #

bidder, &c. gazettes in this state, and at three or more of the most public places within the

county, and to take bond and sufficient security for the completion of the same.

Courts and Sect. 4. And be it further enacted by the authority aforesaid, That until the pubUt

where to be buildings of said county are in such a state of completion as to admit of holding courts

held in the ' .

interim. ~ ' ' '

* For those acts which authorize the levying of extra taxes, for the purpose of building court-houses and

jails, and for other county purposes, see title " Taxes extra."

f See act of 1812, No. 132, by which this is repealed,

COUNTIES, COURT-HOUSES AND JAILS. 1811.

181

thereat, the courts, elections, and all other county business, shall be held at the house of (No. 118.)
Jesse Wiggins, or such other place as a majority of the said justices may think most
convenient ; provided, the same shall be on the aforesaid lot seventy-nine.

Sect. 5. And be it further enacted, That all laws heretofore passed, militating against Repealing

clause
this act, be, and the same are hereby repealed.

ROBERT IVERSON,

1 Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

AN ACT

(No. 119.)

To layoutaneiv County out of the Counties of Oglethorpe, Clark, Jackson, Frank-
lin, and Elbert*

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That a new
county shall be laid off out of part of the counties of Oglethorpe, Clark, Jackson, Frank-
lin and Elbert ; that is to say, beginning on the south fork of Broad river at the mouth of
Brushy creek, thence along the dividing ridge between the said Brushy creek and Beaver-
dam creek to the Clark county line, then.ee a direct line to where the Jackson county line
crosses Little Sandy creek, thence a direct line to the first fork of Big Sandy creek,
above Espy's mill, thence up the eastern fork of the same to Knight's old store, (in-
cluding the same,) thence to the head of Black's creek, in such manner as to leave all
the waters of Big Sandy creek in Jackson county ; from thence down Black's creek to
Strickland's saw-mill, thence a direct line to where the Franklin county line crosses
Hudson's fork of Broad river, thence down the meanders of the same to the confluence
thereof with the north fork of Broad river, thence down the meanders of the said north
fork of Broad river to the confluence of the same with the south fork of the said Broad

A new county
to be laid off,
out of a part
ofOglethorpe,
Clark, Jack-
son, Franklin
and Elbert.

Lines thereof
defined.

* See act of 1811, No. 126, supplementary to this : also act of 1813, No. 137, adding a part of Clark to Madi-
son county •. also act of 1819, No. 169, adding- a part of Elbert and Franklin counties thereto,

Xg2 COUNTIES, COURT-HOUSES AND JAILS. 1811.

(No. 119.) river, thence up the meanders of the same to the beginning; and ^11 that part of the

counties of Oglethorpe, Clark, Jackson, Franklin and Elbert, comprehended within the

Said county to lines aforesaid, shall form a new county, known by the name of Madison ; and that the

be called m # . r . 1 .

Madison. justices of the Inferior Court hereafter appointed for said county, or a majority of them,

Inferior Court snau be vested with full power and authority to fix on the site* for ,the public buildings

be appointed, for said county, which shall be as near the centre of said county as convenience will ad-
shall fix on the . r , • i-ii •■• .
site of the mit of; at which place the courts and elections shall be held, as soon as suitable build-
ing10 l ings are erected thereat; and said'comniissioners,f or a majority of them, are author-
The building- ized and empowered to contract with fit and proper persons for the purpose of building
house and jail a court-house and jail in said county, which, after at least thirty days notice, shall be let
the lowest to the lowest bidder : Provided, That until the court-house shall.be erected, the elections

bidder. an(j courts 0f sajc| COunty shall be held, at the house of Henrv Strickland.

Proviso. y J

Surveyor of Sect. 2. And be it further enacted, That the surveyor :of Jackson county he, and he

Jackson coun- m /'• .•.*...-'"■■* - .

ty required to is hereby authorized and required, to run and plainly mark the several artificial lines

aforesaid. herein before designated, which shall be paid for by the county of Madison.

and justicesof Sect. 3., And be it further enacted, That all militia officers and justices of the peace,
comprehend- which are comprehended within the county of Madison, shall hold their respective corn-
ed m said new missions m like manner as if they had been commissioned for said countv.
county to re- J i -

tain their com- ,

Madison coun- Sect. 4. And be it further .enacted' by the authority aforesaid, That the county of

ty added to Madison shall be added to and become a part of the-western circuit of this state, and the

the western l '

circuit. Superior Court in said county shall be held on the first Monday in April and October,

Times of hold- r . / .

ing courts and the Inferior Court of said county shall be held on the first Monday in February and

therein. .

August.

Justices of the Sect. 5. And be it further enacted, That the justices of the Inferior Court of the
to purchase a county of Madison, or a majority of them, shaltbe, and they are hereby authorized and
tract ot ^d required, to purchase a tract of land, not less than fifty acres, on which to fix the site of
the public the public buildings, and lay off the same in lots, and sell and dispose of the same at pub-
said land to be lie auction, to the highest bidder, on a reasonable credit, and the proceeds of said sale,
lots and sold, after paying the first cost of said land, shall be appropriated to the payment of the public
buildings and other county purposes.

County offi- Sect. 6. And be it further enacted, That there shall be an election held at the house

and 'where to of H. Strickland on the first Monday of January next, for the purpose of electing a clerk
be elected.

■ — . . i . — ■ ' » ' " I.' . • - .

* See act of 1812, No. 129, making Danielsville said site,

f See act of 1813, No. 142, authorizing said commissioners to complete certain contracts, and constituting1
the Inferior Court commissioners of the court-house and jail.

COUNTIES, COURT-HOUSES AND JAILS. 1811. 1 33

of the Superior and Inferior Courts for said county, a sheriff, coroner, county surveyor, (No. 119.)
collector and receiver of tax returns.

Sect. 7. And be it further enacted by the authority aforesaid, That the county of- Said county

Madison shall be added to, and become a part of the first brigade of the fourth division 1st brigade of

of militia of the state of Georgia. -.X • s;on of'theT"

militia, &e.

Sect. 8. And be it further enacted, That the justices of the Inferior Court for said Justices of the

-. ■ t Inferior Court

county shall convene at H.. Strickland's as aforesaid, as soon as possible, and from the shall select

best information which they may be able to procure, select grand and petit jurors, and petit jurors,

proceed to drawing said juries for the ensuing courts in the- manner pointed out by the

law regulating the selecting and drawing 'grand and petit juries in this state. #

Sect. 9. And be it further enacted, That the suits now pending in any of the coun- Suits already

c o m m g n c g cl

ties from which the county of Madison has been taken off, shall not be transferred to regulated. ■■
said new county, (except on actions for real estate,) but remain and be finally tried in
the respective counties in which they may be now pending. _" *

ROBERT IVERSON,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate,
Assented to, 5th December, 1811,

D. B. MITCHELL, Governor,

184

COUNTIES, COURT-HOUSES, AND JAILS. 1811.

(No. 120.)

AN ACT

Courts, elec-
tions, &c. in
the county of
Wayne, where
they shall be
held.*

Proviso.

.To amend the several acts appointing commissioners to fix on the site for the pub-
lic buildings in the county of Wayne* and to regulate the Grand and Petit
Jury list.

Sect. 1. BE it enacted by the Senate and House of Representatives ofthestate of Geor-
gia, in General Assembly met,, and it is hereby enacted by the authority of the same, That
from and immediately after the passing of this act, the Superior and Inferior Courts,
Courts of Ordinary, elections, &c. shall, be holden by order of the said Inferior Courts,
or any three of them, at any convenient place within three miles of the court-house, or
at William Clements, the place at which the said courts, elections, &c. are now held :
Provided, the said Clements shall keep and maintain good order during the sitting of
any of the said courts, elections, &c. until the said court-house shall be so far complet-
ed as to receive the said courts, elections, &c.

When the
court-house
shall be co-
vered and
weather-
boarded,
courts, &c.
shall be held
therein.

Sect. 2. And be it further' enacted, That so soon as the said court-house shall be co-
vered and weather-boarded, the commissioners shall give the justices of the Inferior
Courts for said county proper notice; and the said justices shall, immediately on the
reception of such notice, give at least ten days public notice in the county ; after the
expiration of which notice, all courts and elections, and all other county business, shall
be held and transacted at the court-house aforesaid.

Duty of the Sect. 3. And be it further enacted, That when the justices of the Inferior Court for

concerning- ' tne county of Wayne shall regulate the list of grand and pent jurors agreeable to law,
the jury list they snall place the list of jurors in the proper department, and lock the jury-box, and
deliver the key to the sheriff.

Repealing
clause.

Sect. 4. And be it further enacted, That all laws or parts of laws, militating against
this act, be, and the same are hereby repealed.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1811.

D. B. MITCHELL, Governor.

* See act of 1812, No. 131, establishing the dividing line between Camden and Wayne counties, and adding
a part of Camden to Wayne*

COUNTIES, COURT-HOUSES, AND JAILS. 1811. X8S

i~ ■ ■ — ■■

AN ACT (No. 121.)

To add a part of Washington and Montgomery counties to Laurens county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That all that part A part of

of the counties of Washington and Montgomery, included in a line beginning on the and Montg-o-
' . . . _ ,.-...- i i i r • i mery counties

Oconee river, opposite the .Laurens county line, where it intersects the banks ol said added to Lau.

river, and thence a direct line to the mouth of Forts creek ; thence up the meanders rens<

of the same to the limestone rocks ; thence a direct line to Wood's bridge, on the Big •

Ohoopie ; thence down said Ohoopie to Pugh's trail at the Mount Pleasant ford ; thence

in a direct line to the head of Mercer's creek ; thence down said creek to the Oconee

river ; and the same shall constitute a part of Laurens county.

Sect. 2. And be it further enacted by the authority aforesaid, That David Blackshear, Commission-
Paul Grimbel, and William Neil, be, and they are hereby appointed commissioners to to superintend
superintend the running and marking the said line ; and . the surveyor o/ Washington *?e F.unmnl> of
county is hereby authorized and required to run, and cause the said line to be distinctly Surveyor of
marked, under the direction of the aforementioned commissioners, or a majority of county requir-
them. !it?*unthe

same.

Sect. 3. And be it further enacted by the authority aforesaid, That all the expenses Expensesshall
incurred by, and in consequence of running and marking the said line, shall be defrayed Dy Laurens

by the county of Laurens : Provided, the said expenses shall riot exceed the sum of county*

, u Troviso.

twenty dollars.

ROBERT IVERSON,

i' .

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 10th December, 1811.

D. B. MITCHELL, Governor.

IS6 COUNTIES, COURT-HOUSES, AND JAILS'. 1811.

(No. 122.) AN ACT*

To make permanent the site of the Public Buildings in the town of Dublin,

county of Laurens.

Site of the gift in General Assembly met, and by the authority of the same, That from and after

public build- < m ■ a . . .

ing-s in Lau- the passing of this act, the public buildings of the said county of Laurens shall be

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

th
pointed out. erected on lot number two hundred and thirty-two, in the first district of Wilkinson

county at the time of surveying, now' Laurens county in conformity with an act passed
Proviso. on the 13th day of December, eighteen hundred and ten : Pro vided, that it is on the

same spot as the commissioners heretofore selected for the court-house lot.

Commission- Sect. 2. And be it further enacted by the authority aforesaid, That Jonathan Sawyer,

lie buildings Jethro B. Spivey, John G. Underwood, Benjamin Adamsy< and Henry Shepherd, Es-

appomted; quires, be, and they are hereby appointed commissioners of the^ court-house and other

Who may lay public buildirfgs of said county of Laurens, and they, or a majority of them, are hereby

out and sell .

lots, &c. authorized and empowered to lay out and sell such a number of lots as may be sufficient

to defray the expenses of such public buildings as they may think necessary.

Repealing Sect. 3. And be it further enacted, That all laws/or parts of laws, militating against

this law, are hereby repealed.

ROBERT IVERSON,

Speaker of t}ie House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented -to, 13th December, 1811.

D. BV MITCHELL, Governor.

* See act of 1819, No. 164, amendatory of all previous acts on the subject.

COUNTIES, COURT-HOUSES, AND JAfrS. 1811.

187

AN ACT

(No. 123.)

To add a 'part of the county of Liberty to thai of Tatnall*

BE it enacted by the Senate and House of Representatives of the State of Georgia, in

General Assembly met, and by the authority • of the same", That from and after the pass- Dividing hue

ing of this act, the road leading from. Welis' ferry, on the Canoochee river, to Lane's counties of

ford, on Beard's creek, shall be held and deemed as the dividing line between the coun- ^^^d^

ties of Liberty and Tatnall, and all that part of the district above said line, that was fined,

formerly in Liberty county, is now declared to be part .of the county of Tatnall s Pro- fj^£t added

vided nevertheless, that nothing herein contained shall be so construed as to prevent the t0 tlie latter.

tax collector or Liberty county from collecting any taxes which may be due from any pr<ms0,
person removed from Liberty county to 'Tatnall by this act, any law to the contrary
notwithstanding,

ROBERT IVERSON,

• -4 . Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Assented to, 13th December, 1811

D, B. MITCHELL, Governor.

* See act of 1811, No. 125, establishing the dividing line between Montgomery and Tatnall.

Bb £

188

COUNTIES, COURT-HOUSES, AND JAILS. 181 1.

(No. 124.)

AN ACT*

To amend an act, entitled Jin act to make permanent the site of the Public
Buildings in the town of Hartford, in the county of Pulaski.

Justices of the
inferior Court
of Pulaski
county ap-
pointed com-
missioners of
the court-
house and jail.

Said commis-
sioners may-
appoint a
clerk.

His oath.

He shall give
bond and se-
rity.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same it is hereby enacted,
That the justices of the Inferior Court be, and they are hereby appointed commis-
sioners of the court-house and jail, for the county of Pulaski, in the room of. the for-
mer commissioners, who refuse to comply with the requisites of the former act before
recited.

Sect. 2. Be it further enacted by the authority aforesaid, That the said commis-
sioners shall have power to appoint some fit and proper person for their clerk, to take
charge of all monies that have been collected and have not yet been appropriated to
county uses, together with all notes, bonds and other securities belonging to said
county funds, and that the said person so nominated, before he enters on the duties of
his office, shall take the following oath, to wit : I, A. B. do solemnly swear, that I will
faithfully discharge the duties confided to, and the trust reposed in me by the commis-
sioners, to the best of my skill and ability ; so help me God : and give bond, with two
or more good and sufficient securities, to the amount of twenty thousand dollars, made
payable to the Inferior Court of said county, and their successors in office.

Commission- Sect. 3. And be it further enacted by the authority aforesaid, That the said corn-

out and sell missioners, or a majority of them, are hereby authorized to lay out, and after giving
Jots to defray jfaitfy davs notice in one of the public gazettes of this state, and advertise the same at

of the public two or m0re public places in said county^ then shall proceed to sell a sufficient number
buildings. ' r * J' r

of lots in said town of Hartford to defray the expense of building a court-house and

jail in said town of Hartford.

Shall cause Sect. 4. And be it further enacted, That it shall be the duty of said commissioners

llicir clerk to

lay a state- to cause their clerk to lay a full statement of all expenditures, monies, bonds and other

ment of all ex^

penditures, .

See act of 1813, No. 138, amending this act.

COUNTIES, COURT-HOUSES, AND JAILS. 1811. 139

securities, arising from the amount of sales of said lots, or otherwise belonging to said (No. 124.)
county funds, before the grand jury at their first meeting annually ; and also it shall be J?a'nde ;™;
the duty of the said grand jury, on their presentments, to report agreeable to the state- an?ual|f'11
ment made by said clerk. port thereon.

Sect. 5. And be it further enacted by the authority aforesaid, That the said com- May compen-
missioners shall have power to compensate their said clerk for his services out of said clerk out of
county funds ; and also the said commissioners, or their successors in office, who are fo^01111 y
hereby made a body corporate, shall have full power and authority to sue and be sued, Made a body
to plead and be impleaded .in any court of law or equity in this state, having cogni- corPora e>
zance thereof, any law or usage to the contrary notwithstanding.

Sect. 6. And be it further enacted, That all laws heretofore passed, militating Repealing
against this act, be, and the same are hereby repealed.

ROBERT IVERSON,

- Speaker of the House of Representatives.

MATTHEW TALBOT,

i President' of the Senate.

Assented to, 13th December, 1811,

D. B. MITCHELL, Governor.

clause.

AN ACT (No. 125.)

To establish the line between the counties of Tatnall and Montgomery*

Sect. 1. BE it enacted by the Senate ami House of Representatives in General

Assembly met, That from and after the passing of this act the line marked by Arthur The dividing

Lot and Joseph Collins, agreeable to a resolution .passed the fourteenth dav of Novem- line betw?en
. * the counties

ber, 1809, be, and is hereby established and known as the dividing line between the of Tatnall and

counties of Tatnall and Montgomery. ' JltobSSid?

* See act of 1812, No. 135, adding a part of Telfair and Tatnall to Montgomery; also act of 1814, No. 145,
adding a part of Tatnall to the same.

190

COUNTIES, COURT-HOUSES, AND JAILS. 1811.

(No. 125.) Sect. 2. And be it further enacted, That all laws heretofore passed concerning the

Repealing same are hereby repealed.

clause, j r .

ROBERT IVERSON,

Speaker of the House of Representatives *

MATTHEW TALBOT,

President of the Senate,

Assented to, 14th 'December, 1811.

D. B. MITCHELL, Governor,

[No. 126.)

AN ACT

Supplementary to an act, entitled Jin act to lay put a new county out of the court*
ties of Elbert, Franklin, Jackson, Oglethorpe and Clark. •

Preamble. WHEREAS, in laying out the above recited new county, it appears that the sheriff

who has been elected and commissioned for the county of Elbert, now resides within
the limits of the aforesaid new county ; and whereas, doubts may arise as to his hold-
ing his office as sheriff of the aforesaid county of Elbert :

BE it therefore enacted by the- Senate and House, of Representatives of the state of
Georgia, in General ^Assembly met, and it is enacted by the ^ authority of the same,"
That the above recited act shall not be so construed as to deprive the sheriff who has
been elected already for the county of Elbert, from holding his office as sheriff of the
aforesaid county of Elbert, and he shall not be considered as the sheriff of the afore-
said new county during the term for which he has been elected sheriff of the aforesaid
county of Elbert, unless he should resign his commission as sheriff of the county of-
Elbert, and be re-elected for the aforesaid new county.

ROBERT IVERSON,

Speaker of the House of Representatives

MATTHEW. TALBOT,

President of the Senate,

The person
elected as she-
riff of Elbert
county shall
act as such in
said county,
although he is
included in
the newly
formed county
of Madison,

Assented to, 14th December, 181 1.

D, B, MITCHELL, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1811. . 191

AN ACT • (No. 127.)

To make permanent the site of the Public Buildings for the county of Wilkinson.

Sect. 1. BE it enacted by the Senate, and House of Representatives of the state of
Georgia* in General Assembly met. and by the authority of the same, That the seat of the Site of the

^ ' ^ . public build-

public buildings for the county of Wilkinson be, and the same is hereby declared to be ings of Wil-

permanently fixed upon tract, or lot of land, number eighty-three, in the fourth district established!1 *V

of Wilkinson county: Provided, good and sufficient titles can be procured for the same

within the term of six months from the passing of this act ; the titles to be made and

executed to the Inferior Court of said county, and their successors in office, to and for

the use of the county aforesaid ; which said public site shall be called and known by the Said site shall

J be called

name of Irwinton.* Irwinton.

Sect. 2. And be .it further enacted, by the authority aforesaid^ That John Proctor, Commission-*

Robert Barnett, John Speight, John Ball, arid, Daniel Hicks, be, and they are hereby and^utiio"-^

appointed commissioners, fully authorized to lay out and sell whatever number lots they, ^ ^Vs^H

or a majority of them, may think proper, in the following manner, to wit: one fourth any number

J *, ' v of lots.

part of the purchase money payable in twelve months from the day of sale, one fourth Terms of sale

part payable in two years, one fourth part payable in three years, and the remaining prescribed,
fourth part in four years thereafter, and shall take notes- from the purchasers with ap-
proved personal security, made payable to the Inferior Court, and their successors in

office, as well as a mortgage on the premises, executed to said- court ; and the money Money accru-

• • • • i 1 *i v r i-'i ing from the

arising from said sales is hereby appropriated to the building or a court-house and jail, saies appro-

under the direction of said commissioners, who are-liereby authorized and empowered buildup of a
to contract for the same, as soOn as tfrey, or a majority of them, may think proper, or court-house
deem it expedient, first giving thirty days public notice, in one of the Milledgeville ga-
zettes, and at three or more public places in the county, which shall be let out to the which shall
lowest bidder at public outcry ; the undertaker or undertakers shall be bound in a bond tbe iowest
with approved security, in double the amount of the sum or 'sums undertaken for, to the bldder> &c-
Inferior Court, and their successors in office, for a faithful compliance to such contract
entered into with the commissioners aforesaid.

Sect. 3. And be it further enacted by the authority aforesaid, That the said commis- Commission-
sioners, or a majority of them, shall lay out and reserve one or two lots, as- they may out and re-

* See title " Toxvns," act of 1816, No. 671, incorporating Irwinton ; also, act of 1817, No. 672, amendatory
of said act.

192 . COUNTIES, COURT-HOUSES, AND JAILS. 1811.

" -.-...- ^ | , „ i , , , , ,

(No. 127.) think most proper, in an eligible part of said site, for the purpose of erecting a court-
serve one or house and jail thereon ; first strictly observing that in laying out the lots intended to
two lots ...
whereon to fix the public buildings upon, or those to be sold for county purposes, they shall be so

court and jail, arranged as not to interfere with the lines or lands of any other tract or lot of land ex-
cept said lot number eighty-three, or be so near thereto as to require any part thereofto
complete any lots ever contemplated to be laid out for county purposes.

Commission- Sect. 4. And be it further enacted, That in case the said commissioners should fail

ers authorized . •

to purchase a to procure the titles to tract or lot number eighty-three, in the fourth district as afore-

■within two said, within the time allowed them by this act, then and in that case, they,' or a majority

miles of the of them, are fullv authorized to purchase not less than one hundred acres, or more than

centre of the J r ■ ■'

county, in case two hundred two and a half acres, within two miles of the centre of said county, and

they should , , # .

fail to get titles proceed as before pointed out in all respects ; and in all cases it shall be the duty of the

the tract be- Inferior Court of said county to give such aid to said commissioners, as may most facili-

fore described tate t^e completion of the public buildings, or .so far as they may have the power of pub-
Inferior Court

shall aid said "C iunds. ■ ' . "

commission-
ers.

Any unappro- Sect. 5. And be it further enacted, That should there any monies remain unappro-
priated money , . . ;_ v '• \
arising from priated, arising from the sales of the aforesaid lots, after the public buildings are com-

the snips " • *+ «

aforesaid shall plete, such overplus, if any, shall be considered as constituting a part of the county funds,

become a part an^ SUD;ect to tne orders of the Inferior Court,
or the county J

funds, &c.

Courts, &c. Sect. 6. And be it further enacted, That the courts, elections, and other county busi-

until the ' ■ ness, shall be held at the house erected for that purpose, on tract or lot No. 83 in the
court-house fourth district, as aforesaid, until the court-house is completed, and the same reported to

the Inferior Court by the commissioners appointed to superintend the building the

same.

Repealing Sect. T . And be it further enacted, That all acts or parts of acts, touching or militating

against this act, be, and the same are hereby repealed.

ROBERT IVERSON,

/. Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate*
Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1812. 193

AN ACT (No. 128.)

To add a part of Washington county to the county of Baldwin.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met. and by the authority of the same. That from and after the A part of

J ' J J J ■ Washing-tor.

passing of this act, all that part of Washington county lying between Town creek and county added

the Oconee river^ shall constitute a part of Baldwin county, any law to the contrary not- Qf Baldwin.

withstanding.

BENJAMIN WHITAKER,

. . Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to,. 5th December, 1812.

D. B. MITCHELL, Governor.

AN ACT (No. 129.)

To make permanent the site of the public buildings in the county of Madison.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and it is enacted by the authority of the same, That Daniels- Danielsville

ville,* in the county of Madison, shall be the permanent site for the public build- manent site of

ings of said county, at which place the courts and elections of said county shall be held, j* ndiri sof

from and after the first day of March next, any law to the contrary notwithstanding. Madison

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to, 5th December, 1812.

D. B. MITCHELL, Governor.

* See title "Towns," No. 682, act of 1817, incorporating Danielsville ; also act of 1818, No. 683, relative to
said town.

194

COUNTIES, COURT-HOUSES, AND JAILS. 1812.

(No. 130.)

AN ACT

To add to the county of Jackson all that territory formerly comprehended in
Franklin county, and which was lejt out by Hawkins' line.

Preamble.

WHEREAS, Colonel Hawkins, the United States agent for Indian affairs, in running
the line from the Currihee mountain to the head of the Appalachee river, did not run
said line agreeable to the true spirit and intent of the treaty, held at Augusta, on the 31st
day of May, 1783, but did leave on the Indian side of said line certain lands which was
the bona fide right of the state of Georgia and her citizens, and secured to her and them
by the third section of the fourth article of the federal constitution :

Certain lands
belonging- to
the state of
Georgia by
virtue of an
Indian treaty
held at Augus-
ta in 1783, and
left on the In-
dian side of a
line run by
Col. Hawkins,
shall be added
to the county
of Jackson.

Restriction as
to issuing and
locating
warrants, &c.

BE it therefore enacted by the Senate and House of Representatives of the state of Geor-
gia, in General- Assembly met, and it is hereby enacted by the authority of the same, That
all the land lying west and north-west of the above recited line, which lies on the waters
of the Oconee, up to the ridge dividing the waters of the, said Oconee from the waters
of the Chatahoochee river, commencing at a point of the line run by Hugh Mont-
gomery, under the direction of James Blair, James Van and Keateechee, where the
same crosses the dividing ridge between the said Oconee and Broad river, thence along
said ridge to the ridge dividing the waters of the Chatahoochee from the Oconee,
thence along said ridge a south-west direction, until the same is intersected by the line
run by Colonel Hawkins, be, and the same is hereby added to and made a part of
Jackson county; subject, nevertheless, to the same restrictions as to issuing and locating
warrants, &c. as is prescribed by the third section of an act, entitled An act to extend
the operation of the laws of this state over the persons resident in Wafford's settlement,
and to organize the same.

Assented to, 7th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1812. 195

AN ACT (No. 131.)

To make known and establish the dividing line between Camden and Wayne
Counties, and to add a part of Camden to Wayne.

WHEREAS, an act passed on the 20th day of December, 1808, to add part of Cam- Preamble
den county to the county of Wayne, has been found not to answer the beneficial pur-
poses intended, and which line never has been run :

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and by the authority of the same, That the line dividing The dividing-

the said counties of Camden and Wayne shall begin at the ford of Little Satilla, the counties

where the post road crosses the same, thence a direct line to the mouth of Buffaloe, of JC1a^nden
r 7 7 and Wayne,

from thence to the lower line of the second district of Wayne, where lot No. 241 and defined,
240 join, thence up said line to where lot No. 16 and 17 join, on the Indian boundary
line ; and that all the lands lying to the north and west of the above described lines are A part of the
hereby declared. to be added to, ' and be a part of Wayne county; and that James to the latter.
Fort and Plenn Sheffield are hereby authorized to run out the said lines ; and that the Persons ap-
expense of running said lines be paid by the county of Wayne ; and that all laws mill- said lines.
tating against this law are hereby repealed. Repealing

ClclVlSCg

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Assented to, 7th December, 1812=

D, B. MITCHELL, Governor,

C c2

196

COUNTIES, COURT-HOUSES, AND JAILS. 1812.

(No. 132.)

AN ACT

To repeal an act, entitled An act to make permanent the site of the public buildings
for the county of Telfair, passed December the third, eighteen hundred and
eleven.

Preamble.

Repealing1
clause.

WHEREAS, by the authority of the before recited act, the commissioners appointed
have fixed, for the public site of said county of Telfair, on the lot or tract of land No.
79, which said lot is at least ten or twelve miles from the centre of said county, on the
Ocmulgee river : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the before
recited act be, and the same is hereby repealed.

Inferior Court
of Telfair
county au-
thorized to
purchase a
tract of land
whereon to
erect a court-
house, &c. to
be within two
miles of the
centre of the
county, &c.

Place of hold-
ing courts, he.
until the
court-house
he built.

Sect. 2. And be it further enacted, That the justices of the Inferior Court of Telfair
county be, and they are hereby authorized and empowered to contract for not a less
number of acres of land than fifty, nor a larger number than two hundred two and a
half, for the purpose of erecting a court-house and other public buildings on such pur-
chase, to be at or within two miles of the centre of said county, and on or near the
Ocmulgee river; and said court is hereby required to report their proceedings to the
next legislature.^

Sect. 3. And be it further enacted, That the courts and elections for said county from
this time shall be held at the house of Mark Predgins, until the court-house for said
county shall be built.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.

* See act of- 1813, No. 140 ; also act of 1814, No. 148, amendatory thereof.

COUNTIES, COURT-HOUSES, AND JAILS. 1812. 197

AN ACT* (No« 1330

To lay out a new county out of the counties of Montgomery and Bulloch,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That all that

part of the counties of Bulloch and Montgomery, including a line beginning at Emanuel
r • county laid

the mouth of Skull's creek, thence up the main south-east' prong to the head thereof, out and de-

thence a direct course to Monk's ford on Fifteen-mile creek, thence down said creek

to the Montgomery county line, thence along said line to Pennington creek, thence

up said creek to the head, thence a direct line to the Laurens county line, thence

along said line to the Washington county line, thence along said line to Jefferson

county line, thence along said line to the Ogechee river, thence down said river to

the mouth of Skull's creek, the place of beginning ; and all that part of the counties of

Montgomery or Bulloch comprehended within, the lines aforesaid, shall form a new

county, to be known by the name of Emanuel.

Sect. 2. And be it further enacted, That Edward Lane, Francis Pugh, Needham Commission-

g-pc flf) T}01 lit PQ

Cox, Eli Whitdon and Uriah Anderson, shall be, and they are hereby appointed com- wh0 s^&\\ fix '

missioners, and they are hereby vested with full power and authority to fix on the site 5" the S1.te ot

of the public buildings for said county, which shall be as near the centre of said county buildings,

v . . . . which sha11

as convenience will admit of, at which place the courts and elections shall be held, as be near the

centre of tnc
soon as suitable buildings are erected thereat; and said commissioners, or a majority of county.

them, are authorized and empowered . to contract with fit and proper persons for the Said commis-

. sioners autho-

purpose of building a court-house and jail in said county, which, after thirty days no- rizedto con-

tr&ct for the
tice, shall be let to the lowest bidder: Provided, that until the court-house shall be building- of a

erected' the elections and courts shall be held at the house of Stephen Rich. anTfaU&c

Proviso.

Sect. 3. And be it further enacted, That the surveyor of Montgomery county shall The surveyor
■l l • 1 °f Montgome-

be, and he is hereby authorized and required to run and plainly mark the several ry county re-
artificial lines herein before designated, which shall be paid for by the county of Klines0 rU"
Emanuel.f aforesaid.

* This act amended by an act of 1813, No. 141.

f This section repealed by an act of 1813, No. 141, 3d sec,

198 COUNTIES, COURT-HOUSES, AND JAILS. 1812.

(No. 133.) Sect. 4. And be it further enacted, That all militia officers and justices of the peace,

Militia officers wno are comprehended in the county of Emanuel, shall hold their respective commis-
and justices ...

of the peace sions in like manner as if they had been commissioned for said county,
comprehend-
ed in said new county, shall retain their commissions.

Emanuel Sect. 5. And be it further enacted by the authority aforesaid, That the county of

ed "to^themid- Emanuel shall be added to and become a part of the middle circuit of this state ; and
die circuit. tne Superior Courts of said county shall be held on the third Monday in May, and the
in°- courts. " f°urth Monday in November ; and the Inferior Courts of said county shall be held on
the first Monday in February and July.

Commission- Sect. 6. And be it further -enacted- by the authority aforesaid, That the commis-

to^urchase"1 si°ners> or a majority of them, of the county of Emanuel, shall be, and they are hereby

tract of land authorized and required to purchase a tract of land, not less than fifty acres, on which

whereon to J

fix the public to fix the site of the public buildings, and lay off the same in lots, and sell and dispose

building's. .. . i 1 • i 1 • 1 1

May lay off of the same at public auction to the highest bidder, on a reasonable credit ; and the pro-
Ike ^ ots' ceeds of said sale, after paying first cost of said land, shall be appropriated to the pay-
ment of the public buildings, and other county purposes.

Time and Sect. 7. And be it further enacted, That there shall be an election held at the Jiouse

uig- county of Stephen Rich, on the first Monday in January next, for the purpose of electing a
clerk of the Superior and Inferior Courts for said county, a sheriff, coroner, county sur-
veyor, collector and receiver of tax returns.

officers.

Emanuel an- Sect. 8. And be it further enacted by the authority aforesaid, That the county of

2d taigade, Emanuel shall be added to and become a part of the second brigade of the first division

1st division of
the militia of
the state.

of the militia of the state of Georgia.

Duty of the Sect. 9. And be it further enacted, That the justices of the Inferior Court for said

inferior Court county shall convene at the house of Stephen Rich as aforesaid, as soon as possible, and
gtradS? t0 from the best mformation which they may be able to procure, select grand and petit
petit jurors, jurors, and proceed to drawing said jurors for the ensuing courts, in the manner

pointed out by the law regulating the selecting and drawing grand and petit jurors in

this state.

COUNTIES, COURT-HOUSES, AND JAILS. 1812. I99

Sect. 10. And be it further enacted, That the suits now pending in any of the coun- (No. 133.)

ties from which the countyof Emanuel has been taken off, shall not be transferred to Suits already

■ m commenced,

said new county, except on actions for real estate, but remain and be finally tried in regulated.

the respective counties in which they may be now pending.

BENJAMIN WHITAKER,

Speaker 'of the House of Representatives.
WILLIAM RABUN,

> . President of the Senate.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

AN ACT
To change the name of the county of Randolph.

(No. 134.)

WHEREAS, it was obviously the intention of the legislature of Georgia, in designat- Preamble
ing a county in their state by the name of Randolph, to perpetuate the name of John
Randolph, a member of Congress from Virginia, whose early exertions in the cause of
democracy, and entire devotion to the republican system, claimed the approbation and
applause of every good citizen of these United States : But whereas, the conduct of said
John Randolph, in his official capacity as a member of Congress, has evinced such a
manifest desertion of correct principles, and such a decided attachment to the enemies
of the United States, as to render his name odious to every republican citizen in this
state and of the United States.

BE it therefore enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That from and after The name of
the passage of this act, the county of Randolph shall be called and known by the name county diang-
of the county of Jasper, any law to the contrary notwithstanding. jasper!**' °f

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 10th December, 1812.

D, B. MITCHELL, Governor:

200

COUNTIES, COURT-HOUSES, AND JAILS. 1812, 1813.

(No. 135.)

AN ACT

To add a part of the counties of Telfair and Tatnall to the county of Montgomery.

A part of
Telfair and
Tatnall coun-
ties added to
Montgomery,

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and by the authority of the same, That all that part of
the counties of Telfair and Tatnall, that is to say, beginning on the Oconee river,
running with the Laurens and Telfair county line to the north prong of the Little
Ocmulgee, thence down the meanders of said Little Ocmulgee to its confluence,
thence down the Big Ocmulgee to its conjunction with the Oconee, thence N. 30 de-
grees E. to Milligan's creek, in Tatnall county, thence up said creek to the Montgomery
county line, and the same shall constitute a part of Montgomery county.

Assented to, 10th December, 1812.

BENJAMIN WHITAKER, .

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate

D. B. MITCHELL, Governor.

(No. 136.)

AN ACT

To add a part of Clark county to Oglethorpe county.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
A part of in General Assembly met, That from and immediately after the passing of this act, all

added °toUn ^ tnat Part °f ^e tract °f *and whereon Thomas McCoy now resides, lying on the east
Oglethorpe. s^e Qf jj-g cree]^ be? and the same is hereby added to the county of Oglethorpe.

Assented to, 20th November, 1813.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1813. 201

AN ACT (No, 1377)

To add a part of Clark county to the county of Madison.®

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is enacted by the authority of the same, That from A part of
and immediately after the passage of this act, all that part of Clark county which would added to thfe
be included by a line commencing where the Madison county line intersects the Clark Madison!
county line ; thence along the dividing ridge between the waters of Beaver-dam and
Brushy creeks, to the head of Brushy creek, including all the waters of the same ; thence
to where the Jackson county line crosses Little Sandy creek, shall be added to, and
become a part of the county of Madison ; and that the county surveyor of Madison County sur-
be, and is hereby authorized to run and plainly mark the lines herein contemplated : Madison re-
Provided nevertheless, That the county of Clark shall not be chargeable with any part Xe^Hnes' *
of the expenses thereof, Proviso,

BENJAMIN WHITAKER,
Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate*
Assented to, 20th November, 1813.

PETER EARLY, Governor.

AN ACT (No. 13.

To amend an act, entitled An act to amend An act to make permanent the site of the
public buildings in the town of Hartford, in the county of Pulaski

WHEREAS, the above recited act does not authorize the justices of the Inferior Preamble.
Court to appropriate any part of the county funds, arising from the sale of lots in the
town of Hartford, to any other use than paying for the court-house and jail of said
county ; for remedy whereof,

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is enacted by the authority of the same, That the justices

* See act of 1819, No, 169, adding thereto a part of the counties of Elbert and Franklin,

D d

202

COUNTIES, COURT-HOUSES, AND JAILS. 1813.

(No. 138.) of the Inferior Court of the county of Pulaski, or a majority of them, shall be, and they
are hereby authorized and empowered, to appropriate all monies which have arisen, or
may hereafter arise, from the sale of the lots in the town of Hartford, in the county of
Pulaski, after paying for building the court-house and jail of said county, to other county
purposes, as they may deem expedient, any law to the contrary notwithstanding.

Monies arising
from the sale
of lots in Hart-
ford, in the
eounty of
Pulaski, after
the court-
house and jail
is paid for,
may be appro-
priated to
other county
purposes.

Assented to, 30th November, 1813.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

PETER EARLY, Governor.

(No, 139.)

AN ACT

To make permanent the site of the public buildings in the county of Montgomery,,
and to authorize the justices of the Inferior Court of said county to select and
draw grand and petit jurors for spring term, 1814.

Sect. 1. BE it enaeted by the Senate and House of Representatives of the state of

The site of the Georgia, in General Assembly mety That the site latelv fixed on bv the commissioners

public build- ° J J - J

Ings of heretofore appointed, for that purpose, in the county of Montgomery, and their proceed-

established, ings in relation thereto, be, and the same are hereby confirmed ; and that the site fixed

Mount Vernon on ty sa^ commissioners be known and called by the name of Mount Vernon.

Justices of the
Inferior Court
of said county
authorized to
select and
draw grand
and petit
jurors for
spring term,
1814.

Sect. 2. And be it also enacted, That the justices of the Inferior Court of Mont-
gomery county, or a majority of them, be, and they are hereby authorized to select and
draw grand and petit jurors for spring term, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

< President of the Senate,

Assented to, 30th November, 1813,

PETER EARLY, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1813.

203

AN ACT

(No. 140.)

To make permanent the site of public buildings in Telfair county.*

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passing, of this act, the place for building the court- Site of the
house and jail for the county of Telfair shall be on part of lot No. 340, in the 8th dis- Telfair county
trict, Wilkinson, now Telfair county.

Sect. 2. And be it further enacted by the authority of the same, That as soon as the Courts, &c.

court-house is built on said lot, all courts and elections which the law requires to be held thereat,

held at the court-house shall be held and conducted at the court-house aforesaid ; and ^^t-house

the same shall become the permanent site of the public buildings for the county of Tel- fna11 be buu%
fair ; any law to the contrary notwithstanding.

• -
Sect. 3. And be it further enacted by the authority aforesaid, That the justices of Justices of the

the Inferior Court, or a majority of them, for the county aforesaid, shall be authorized authorized to

and empowered to lay off and sell as many lots as they may deem necessary to defray i*L se

the expenses of building the court-house and jail in said county.

Sect. 4. And be it further enacted by the authority aforesaid, That the justices of the
Inferior Court, or a majority of them, for the county aforesaid, after giving thirty days
notice at three or more public places in said county, shall proceed to let out the build-
ing of the court-house and jail, at public outcry, to the lowest bidder.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

s WILLIAM RABUN,

President of the Senate.

They shall,
(after giving
certain no-
tice,) let out
the building
of the court-
house and jail
to the lowest
bidder.

Assented to, 30th November, 1813.

PETER EARLY, Governor.

See act of 1814, No. 148, amending this act.
Dd2

204 COUNTIES, COURT-HOUSES, AND JAILS. 1813.

(No. 141.) AN ACT

To repeal an act, compelling the Clerks of this state to keep their offices within
one mile of their respective Court-houses, so far as respects the county of Ema-
nuel ; and to make permanent the line dividing the counties of Bulloch and
Emanuel ; and to repeal the third section, and to alter and amend other sec-
tions of an act, entitled An act to lay put a new county out of the counties
of Montgomery and Bulloch, passed the 10th December, 1812, and for other
purposes.

Clerks of Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

tv not com- * Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

pelledtokeep That the act, entitled An act to compel the clerks of this state to keep their offices with-

their offices ' r r

within one in one mile of their respective court-houses, passed the day of be, and

mile of the

court-house, the same is hereby repealed, so far as respects the county of Emanuel.

The dividing Sect. 2. And be it further enacted bii the authority aforesaid, That the dividing line be-

line between . J J J J # ° . .

the counties tween the counties of Bulloch and Emanuel shall be, and the same is hereby declared to

Emanuel de- De as follows : beginning at the mouth of Skull's creek; thence up said creek to the head

/-« p °^ tne south-east fork ; thence a marked line going Dority's trail ; thence to Tatnall

I Dec aCl Of i

1815, No. 150, county line, being the line lately run and marked by Isham Corbett, David Johnson,

with regard to

said line.) Hute Studsill, John Lanier, and Allen Lanier,

TheSdsection Sect. 3. And be it further enacted by the authority aforesaid, That the third section of

of the act lay- • i t a i r -i • r -**■

ingout the an act? entitled An act to lay out a new county out ol the counties ol Montgomery and

Emanuel re- Bulloch, passed the 10th day ©f December, 1812, be, and the same is hereby repealed,
pealed.

Commission- Sect. 4. And be it further enacted by. the authority aforesaid, That* Joshua Wood,

who^reautho- Travis Thigpen, Jesse Price, John Wolf, and Gideon Hose, he, and they are hereby ap-

rized. to fix on pointed commissioners, who (or a majority of them) shall have power and authority to fix
the site of the r v J J ' * J

public build- on the site of the public buildings for the said county of Emanuel, and to purchase in

nuel county, behalf of said county a tract of land, which shall contain not less than fifty, nor more than

chase°a tract one nundred acres ; and which shall be as near the centre of said county as practicable, on

of land wh
on to erec
the same.

of land where- which the public buildings of said county shall be erected; and the said commission-
on to erect x ° J

* See act of 1814, No. 146, by which two additional commissioners are appointed, and the site of the pub-
lic buildings established.

COUNTIES, COURT-HOUSES, AND JAILS. 1813. £05

ers are also authorized to lay off the said tract of land in lots, at their discretion, and (No. 141.)

after reserving to the county a sufficient number thereof for county purposes, may sell Said land to be

° , ( laid off into

and dispose of the remainder upon such terms, and in such manner, as they may think lots, and sold,

. . ... &c.

most conducive to the public interest; and the- monies arising therefrom shall, after ' , f

paying for said tract of land, be applied towards the building of a court-house and jail tne sales ap-

for said county, which buildings the commissioners are also authorized to let to the low- the payment

est bidder, at public outcry, giving at least thirty days notice of the time and place of tlle lan^ an(j

letting the same, taking bond and security from the person contracting, for the faithful the bu"dmg ot

performance of the contract: Provided, that until the court-house shall be erected, the and jail, &c.

courts shall be holden, and elections had, at the house of Stephen Rich, in the said roviso

county of Emanuel.

Sect. 5. And be it further enacted, That" if the above commissioners, or a majority In case said

ri , 1-ici i i» • ■ i i • t ■ commissioners

of them, cannot or do not agree on the place lor the public site, then, and in that <i0 not agree

case, the justices of the Inferior Court of said county are authorized to appoint some °" 5 Plac<: ,

fit and proper person to ascertain the' centre of said countv ; and the justices of said justices of the
- ■ . . . Inferior Court

court are authorized to allow him reasonable compensation for his services, to be shall appoint

paid out of the county fund : And it is also enacted, that the above commissioners, or certain the

a majority of them, shall fix the public site thereat, or as near as conveniency will ad- centl'e °£ tbe

mit of. The site to be

fixed thereat,.

. Sect. 6. And be it further enacted by the authority aforesaid, That the justices of the Inferior Court
Inferior Court for the county of Emanuel be, and they are hereby authorized and re- shall lay an ex-
quired, to lay an extra tax upon the inhabitants of Emanuel county, which shall not ex- X,™^ °rr.
ceed one-fourth part of the general tax, for the purpose of building a court-house and Poses-
jail in said county, and for other county purposes.

Sect. 7. And be it further enacted, That the tax collector for the county of Emanuel Duty of the

tux collector
be, and he is hereby required to collect the said extra tax, at the same time, and upon with regard

the same terms, that he collects the general tax; and when collected, he shall pay over tneret0

the same to the clerk of the Inferior Court, to be applied to the purposes contemplated

by this act.

Sect. 8. And be it further enacted by the authority aforesaid, That so much of the Repealing
act, entitled " An act to lay out a new county out of the counties of Montgomery and

206

COUNTIES, COURT-HOUSES, AND JAILS. 1813.

(No. 141.) Bulloch," passed the 10th day of December, 1812, as militates against this act, be, and
the same is hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate

Assented to, 6th December, 1813,

PETER EARLY, Governor,

(No. 142.)

AN ACT

To extend the powers of the Commissioners of the Court-house and Jail of the

county of Madison. >

Preamble.

WHEREAS, in and by virtue of an act of the General Assembly of this state, lay-
ing out the county of Madison, the justices of the Inferior Court of the county afore-
said, or a majority of them, were authorized, amongst other things, to purchase fifty
acres of land, for the purpose of fixing thereon the site of the public buildings for said
county, and to lay off the same into lots, and to sell the said lots, under certain restric-
tions, and to apply the proceeds thereof to the building the court-house and jail of said
county, and for other county purposes, and to contract for the building the court-house
and jail for said county ; ,

Preamble. And whereas, the said justices of the Inferior Court have proceeded to contract for

the building the court-house of said county, and have also made sale of a number of
lots ; And whereas, it is expedient that the same commissioners, or a majority of them
should continue to act as commissioners, so far as to carry into eifect and complete the
contract by them made, for the building the court-house of said county, and to execute
titles to such lots as they may have sold:

Certain per-
sons authoriz-
ed to act as
commission-
ers, so far as
to execute
titles to lots
heretofore

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is enacted by the authority of the same,
That Edward Ware, James Sanders, William Fergus, Isaac Strickland, and Charles
Sorrells, or a majority of them, shall be, and they are hereby authorized to act as com-
missioners, so far as to empower them, or a majority of them, to execute titles to such

COUNTIES, COURTHOUSES, AND JAILS. 1813. 207

— '■■''•■ i sjasasagaaessssasaggagg

lots as they may have heretofore sold, and to carry into effect and complete the contract (No. 142.)

by them made for building the court-house of said county : Provided nevertheless, that l301^ by them

in case they should refuse or neglect to perform the several duties herein required of of Madison,
, . m and to com-
them, then, and m that case, the justices of the Inferior Court of said county for the plete a con-
time being, or their successors in office, or a majority of them, shall have full power and ing a court-
authority to do and perform the same. house and jail.

v Proviso.

Sect. 2. And be it further enacted, That the justices of the Inferior Court of the afore- Justices of the

said county of Madison, for the time being, and their successors in office, or a majority 0f Madison"

of them, shall be considered as commissioners of the court-house and jail of said county, stXt^Vcom-

and clothed with the same powers as are given to the justices of the Inferior Court of missioners of

. J the court-

the county of Madison, by an act of the General Assembly of this state, passed on the house and jail,
fifth day of December, 1811.

Sect. 3. And be it further enacted, That all acts and parts of acts, which militate Repealing

against this act, be, and the same are hereby repealed. clause.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate,
Assented to, 6th December, 1813.

PETER EARLY, Governor.

208 COUNTIES, COURT-HOUSES, AND JAILS. 1813.

(No. 143.) AN ACT

To define the line dividing the counties of Columbia and Warren.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

Dividing line in General Assembly met, nnd it is hereby enacted by the authority of the same, That

between the •

counties of Reuben Y. Langston, of Columbia county, and P. Petit, of Warren county, be, and

WarreiTdefin- tney are n^reDy authorized, to run and plainly mark the line dividing said counties,
e(l' beginning at Watson's old mill, on Sweetwater, running from thence to the old path at

Hodgin's old place, known by the name of the Old Lime Path, where R. Lazenbury
now lives, so as to leave said Lazenbury in Warren county ; from thence a direct line
to Stark's old mill, on Little river ; and that the said surveyors be entitled to receive for
their trouble the sum of twenty-five dollars each, to be paid by the Inferior Courts of
Proviso, their respective counties ; Provided, that should either of the persons appointed by this

act die, or become unable to perform the duties herein assigned him, it shall then be
lawful for the justices of the Inferior Court of the county where such failure may hap-
pen, to appoint some other fit and proper person to run the said line in his or their room
and stead.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

, President of the Senate.

Assented to, 6th December, 1813,

PETER EARLY. Governor,

COUNTIES, COURT-HOUSES, AND JAILS. 1814. 2Q9

AN ACT (No. 144.)

To alter and amend " Jin act to extend the operation of the laws of this state
over the persons resident in Wafford's Settlement, and to organize the same"
passed the 8th December, 1806.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
. General Assembly- met, and it is I
om and after the first day of Jim
be, and the same is hereby repealed.

in General Assembly- met, and it is hereby enacted by- the authority of the same, That The 3d sec. oi
from and after the first day of June next, the third section of the before recited act act repealed,

BENJAMIN WHITAKER,

.> .">*." Speaker of the House of Representatives,

JARED IRWIN,

President of the Senate, pro tern.
Assented to, 9th November, 1814. , . •

PETER EARLY, Governor.

AN ACT • . (No. 145.).

- • •

For adding a part of Tatnall county to Montgomery county, and for other

purposes.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, That all that part of Tatnall county contained in, or lying to the A part of Tat-

north-west of the following boundary, be added to Montgomery county; ^beginning at added toMont-

the place where the present line of Montgomery and Tatnall counties strikes Milligan's SornelT-

creek; thence a direct line to James McCloud's, including said McCloud in Montgo-

mery county ; then in au direct course to the present boundary line between Tatnall and

Montgomery counties ; and that the county surveyor of Montgomery be directed, with- Surveyor of

in nine months, to run out arid mark said line ;. and that the Inferior Court of the county requifedTo7

run the line

E e

210

COUNTIES, COURT-HOUSES, AND JAILS. 1814.

(No. 145.) of Montgomery be authorized and required to pay the said surveyor, out of the county
His compen- funds, a sum which may, in their opinion, be commensurate with the services by him
performed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLLAM RABUN,

President of the Senate.

Assented to, 11th November, 1814,

PETER EARLY, Governor.

(No. 146.)

AN ACT

To make permanent the site of the public buildings in the county of Emanuel}
and to add tivo more Commissioners to the board of commissioners heretofore
appointed tojcontract and build said Court-house and Jail for said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

Slt,e °f,th? , sria* in General Assembly met. and by the authority of the same. That the site of the
public build- s ' ( , • J J . •"

ings of Ema- public buildings be at or within one mile of the place pointed out by Jesse Mezzle to
nuel county. •

be the centre ol said county.

Two commis- Sect-. 2. And- be it further enacted, That Jesse Mezzle and Archibald Culberth be

sioners added ., .. ••i-'iir •• uLr • i

to the original appointed commissioners to join the board ol commissioners •heretotore appointed, to

bdntedIto contract and carry into effect the building of the court-house and jail of said county;

contract for ancj fae S2L\£ commissioners, or a majority of them, shall have the same power, and to be

the building of

the court- governed by the same law passed to that effect, the sixth day of December, 1813, so far

of said county, as respects the contracting and building said court-house and jail, any law to the con-
trary notwithstanding. . .

Assented to, 18th November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1814. 211

. AN ACT (No. U7;}

To move the site of the public buildings in the county of Bryan, and for other pur-
poses therein mentioned.

WHEREAS, the court-house and site of the public buildings in the county of Preamble,
Bryan is not central, byjnany miles, and to the great inconvenience to the inhabitants
thereof: •■. ym

Sect.'I. • BE it enacted therefore by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, That the court-house and jail be erected on- court-house

the new sitel which shall be either central at or near Mansford, on Canouchee river, as ® Jai .
/ ' 7 .Bryan county,

convenience will admit of. where to be.

I erected.

Sect. 2. Be it further enacted, That Godhilf Smith, Henry Sherman, James Mar- Commission-

* . . - . ers appointed

tin, Zachariah Wells, and Luke .Man, be, and they are hereby appointed commissioners, to fix on the

"■"' Sit 6* Or tnf*

who, or a majority of them, shall have power and authority to fix on the new site of the public build-
public buildings for, the county of Bryan, and to purchase in behalf of said county a lot in£s ° s lt

or tract of land which shall contain two acres, on which the public buildings of the purchase a

• , tract of land

. county of Bryan shall be erected. for said pur-

. • f> ose.

Sect, 3. Be it further enacted. That the commissioners are herebv also authorized A sale of the

J . • g ■■J old court-

to expose to sale at public outcry, giving at least thirty days notice in three of the most house, jail, &c,

public places in the county, the old court-house, jail, and all the lot of land attached to

said buildings as the old site, which money shall be applied to the erecting the new V»

court-house on the new site.

Sect. 4. Be it further enacted by the authority aforesaid, That if, on trial, the Commission"

. " . . • ers invested

old court-house will not sell for its value, in that case the commissioners may either with a discre-

contract for the removal of the old one, or the building of a new one on the new site, to asto^there-^

the lowest bidder, taking bond for the faithful performance of the work from the under- "J°val °^the '

taker, giving at least thirty davs notice in three of the most public places in the county: bouse, or the

.. " . .. building1 of

and the commissioners shall adjudge of the value of the old buildings, and may bid in new one, in

I behalf of the county,- to prevent the court-house selling under its value. mer W1\i not

sell for its
: . value.

Sect. 5. Be it further enacted, That it shall be the duty of the justices of the Infe- Duty of the
nor Court to aid in facilitating the erection of the new court-house, and that they shall 0f SSL{& county

E e 2

212

COUNTIES, COURT-HOUSES, AND JAILS. 1814.

(No. 147.) lay the extra tax allowed by law to the county of Bryan, annually, until the court-house

with regard to is fit for the reception of courts, &c. j and that the justices of the Inferior Courts shall
said court-
house and jail, pay over to the aforesaid commissioners, all the money from the county fund that may

be now in hand, or that may be by extra tax or otherwise hereafter, that can be spared

until the new court-house is fit for use.

Courts and Sect. 6. Be it further enacted, That during the vacation of the court-house in

elections, . _ . . '

where held said county, by sale or otherwise, that courts, elections, &c. be held at the house occu-
pied by Mr. Lamb, Or any other house that may be procured by the commissioners
aforesaid.

Repealing' Sect. 7. Be it further enacted, That all laws, or parts of laws, militating against this

law, or any part thereof, are hereby repealed.

Assented to, 18th November, 1814.

BENJAMIN WHITAKEft,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate,

PETER EARLY, Governor.

No. 148.)

AN ACT

To amend An act to make permanent the site of the public buildings of Telfair

County. '■• , ' r

Sect. 1. BE.it enacted by' the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Place of build- That from and immediately after the passing of this, act, the place for building the

house Ind jail court-house and jail for the county of Telfair, shall be on part of lot No. 340, in the

comity.3^ eighth district of Wilkinson, now Telfair county. . '

The justices Sect. 2. And be it further enacted, "That the justices of the Inferior Court, or a

Court lutf!o-r majority of them, shall have power to lay off any number of lots they may deem ne-

iized to lay off cessarv, and proceed to sell the same, by giving at least thirtv days notice in one of the

and sell any .

COUNTIES, COURT-HOUSES, AND JAILS.. 1814. • 213

public gazettes of the Ocmulgee circuit, and at three of the public places "in said (No. 148.)
county, for the purpose of building a court-house and jail for said county. number of

Sect. 3. And be it further enacted, That from and after the passing of this act, all Courts and*

courts and elections which are required to be held at the court-house, shall be held at where to'be
the' place appointed as aforesaid ; and all laws and parts' of laws, militating against this,

be, and the same are hereby repealed. ' '» •. . "; # clause.

BENJAMIN WHITAKER,-

■ Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 18th November, 1814.

PETER EARLY, Governor.

AN ACT*.

(No. 149.)

To add all that 'part of the unlocated territory of this slate which lies without the
limits of the present counties to the county of* Jasper, for the purpose of giving the
courts jurisdiction of crimes committed by white persons against white persons, in
said territory, and for other purposes.

.WHEREAS, the local situation- of this state is such, that many of the»citizens, as Preamble,
well of those of her neighbouring states, are nepessarily compelled to pass and repass
through, and sometimes to transact business of great importance in that part of our
unlocated territory, which is for the present assigned to the Indians for their hunting
ground ; And whereas, several crimes of the most Aggravating nature, as well as others
against the peace and good order of society, have been, and may in future -be committed,
against our good citizens ;. and as one of the primary objects of government is, that the
parties composing it shall-be protected in their persons and property, and as our judiciary
is deprived of doing either -the one. or the* other, from the want of jurisdiction, which
jurisdiction can only be given, agueeable to our constitution, by adding the same to some
one of the counties of this state :

This act amended by act of 1816r No. 154,

214 COUNTIES, COURT-HOUSES, AND JAILS. 1814.

(No. 149.) BE it therefore enacted by the Senate and House of Representatives of the state
Theunlocated 0j- Qeorg\a^ in General Assembly met, and it is hereby enacted, That "all the unlo-

this state, not cated territory which lies within the present chartered limits of this state, and which is

contained in . . r . . *

any of the pre- not contained in any of the present' counties of this state, but which is reserved to the

added to the ' Indians (by existing treaty) for their hunting ground, be, and the same is hereby added

county of to^ an(j snan become a part of the county of Jasper : Provided nevertheless, that nothing

Proviso, in. this act contained shall be so construed as to justify any surveyor in locating any

warrants &c. warrant, or any person in obtaining any grant, or any right or privilege whatever, other

than he, she or they had previous to the passing of this act, for any part of the aforesaid

territory; and all surveys made or grants issued, for any part of the same, shall be null

and void to all intents and purposes ; and the parties making such survey or surveys,

or obtaining any such grant or grants, shall be subject to all the penalties which are

prescribed by the fifth section* of an act, entitled An act to amend some and repeal -other

parts of the several land acts of this state, passed on the 22d day of February, 1785, for

preventing persons from making surveys or obtaining grants, for any lands lying or being

Proviso, without the limits of the counties then denned. And provided also, that in all cases of

upon prose- prosecution or imprisonment for criminal acts in said unlocated territory, the expense of

crimeTcom- tne prosecution and imprisonment shall be paid by the state, in case it cannot be

nutted in said recovered from the criminal or his property,
territory, &c. .

* . ' - • .

• . BENJAMIN WHITAKER,

Speaker of the House of Representatives*

WILLIAM RABUN,

President of the Senate.
Assented to, 23d November, 1814,

PETER EARLY, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1815. 215

AN ACT (No. 150.)

To establish and make plain the dividing line between Bulloch and Emanuel counties.

Sect. 1, BE it enacted hy the Senate- and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That Allen Dixop, Jacob Minas, and Abisha Turner, or any two of them, shall have The dividing

line between
power and authority, so soon as may be, to lay out and make plain the dividing line the counties

between Bulloch and Emanuel counties, beginning at the end of Dougherty's Trail, on an(j Emanuel

Fifteen-mile creek, from thence a direct line to the Tatnall county line. required to

• . . J . oe run.

Sect. 2." And be it further enacted, That all acts or parts of acts militating against Repealing1

this act, be, and the same are hereby repealed.

■ * * .

BENJAMIN WHITAKER,

- Speaker of the House of Representatives.

WILLIAM RABUN,

- President of the Senate,

Assented to, 30th November, 1815.

D. B. MITCHELL, Governor. '■•

AN ACT (No. 151.)

To sell and dispose of the court-house and jail and two acres of land, formerly the
court-house, jail, and the public square of Montgomery county, now in the county
of Emanuel. •

. ■ ■ •■

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and it is hereby enacted by 'the authority of the same, That

the commissioners of the court-house and jail, in the-cOunty of Emanuel, be author- Commission-

ized, and they are hereby directed to dispose of and sell the said court-house and jail, court-house

and the aforesaid two acres of land, it being the public lot of said county of Montgo- county1 of **

•mery formerly, now Emanuel, and that the monev arising from the sale of said court- Emanuel re-
i . . ' * - qinredtodiS"

house, jail, and two acres of land, be returned to the Inferior Court of Emanuel county, pose of the

216

COUNTIES, COURT-HOUSES, AND JAILS. 1815.

(No. 151.) to be disposed of in discharging any demands against said county, which may be

former court- _ ' _ t 1 • . ' _T _ . -M r . ,

house, &c. of approved of by the said Interior Court ot said county.

Montgomery. '
Proceeds

thereof how BENJAMIN WHITAKER,

appropnated. J '

Speaker of the. House of Representatives.

(No. 152.)

WILLJ^M RABUN,

President of the Senate,

Assented to, 8th December, 1815.

D. B. MITCHELL, Governor.

AN ACT

For adding part of Jasper county to Morgan county.

A part of Jas-
per county
added to
Morgan.

The surveyor
of Morgan
county requi-
red to run the
line.

Proviso.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
all that part of Jasper county north of a line beginning at the corners of Jasper, Morgan
and Putnam counties, and running a direct course through the 15th and 19th districts,
and intersecting the Indian boundary line, at the corner of lots No. 154 and 181, in said
19th district, be added to and become a part of Morgan county ; and that the county
surveyor of Morgan county be directed to'run said line, by the Inferior. Court of said
county, after the 10th day of January next ; and that the said court be authorized to pay
said surveyor for running said line, as to them may appear just : Provided nevertheless,
that nothing in this law shall be so construed as to prevent the collector of taxes for the
county of Jasper to collect the arrears of taxes due from any of the citizens of that part
of Jasper county now added to the county of Morgan.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate. .
Assented to, 12th December, 1815."

D.,B. MITCHELL, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1815.

217

AN ACT*

(No. 153.)

To authorize the justices of the Inferior Court of Richmond county, or a majority
of them, to sell and dispose of the Jail in the city of Augusta, and to erect
another in a more Jit and convenient place.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the said justices of the Inferior Gomrt of the county of Richmond, or a majority of
them, he, and they are hereby authorized to sell and dispose of the jail in the city of
Augusta and county of Richmond, together with the lot of land appertaining to the
same, to the highest bidder ; and to erect and build a jail for the use of the county of
Richmond, in any place, which to the said justices, or a majority of them, shall be
deemed and held the most fit and proper place for the erection and building of the said
jail.

Inferior Court
of Richmond
county autho-
rized to sell
the jail, &c.
thereof, and
to erect ano-
ther in a
suitable place.

Sect. 2. And be it further enacted by the authority aforesaid, That all laws and parts Repealing

cIelusc

of laws militating against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 16th December, 1815.

D. B. MITCHELL, Governor.

* See act of 1818, No. 162, authorizing the sale of the court-house, &c,

213 COUNTIES, COURT-HOUSES, AND JAILS. 1816.

(No. 154.) AN ACT

To amend an act, entitled " An act to add that part of the unlocated territory of
this state, ivhich lies without the limits of the present counties, to the county of
Jasper," passed the 23d day of November, 1814.

Preamble. WHEREAS, it is found by experience that the object of the before recited act cannot

be carried into full effect, on account of the large extent of territory :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

The counties same, That from and immediately after the passing of this act, the counties of Wayne,

Montgomery, Montgomery, Telfair, Pulaski, Twiggs, Jones, Jackson and Franklin, shall have juris-

ki Twiees aS diction over crimes committed as mentioned in the before recited act, in the following

Jones, Jack- manner, to wit : all that unlocated territorv lying south-east of the boundary line, made

son and _

Franklin, shall in a treaty with the Creek Indians, by general Jackson, shall be added and become a part
have jurisdic- _ , c „T
tion over ' of the county of Wayne,
crimes com-
mitted in the unlocated territory of this state. A part of said territory annexed to Wayne county.

Land courts. Sect. 2. And be it further enacted by the authority aforesaid, That nothing in this act,
from granting or t^e act to which this act is amendatory, shall be so construed as to authorize any land
r°nts-±o be**' court m ^'ls statei or any of the counties named in this act, to issue or grant any land
levied on the warrants to be laid, or any surveyor to execute or lay any land warrant, on any part of
quired at the territory lately ceded to the United States by the Creek nation of Indians, at the

TticlcsoTi s

treaty, &c and treaty commonly called Jackson's treaty, or any other lands, the Indian title to which has
fronTexecu- not been heretofore extinguished ; and all surveyors who shall make any surveys, or
ting the same. a}j persons obtaining grants for any part or parts of said territory lately ceded by
said Creek Indians as aforesaid, and by this act added to Wayne county, shall be sub-
ject to all the penalties as prescribed by an act, entitled An act to amend some and repeal
other parts of the several land acts of this state,- passed on the 22d day of February,

Surveys made l 785 ; and all surveys made and grants obtained in the territory aforesaid, shall be, and

and grants ob-

tained in said they are hereby declared to be, null and void ; nor shall any court ever permit any plat

dared null or grant so obtained, or which may be so surreptitiously obtained, to be admitted before
and void, &c any july as evidence of title to said land or territory, or any part thereof.

A part of said Sect. 3. And be it further enacted, That all that unlocated part of Jasper county
ed to Mont- tymS above said boundary line, up to a road leading from the Big-bend on the Ocmulgee
gomery river, called Blackshear's road, leading to Trader's Hill, on St. Mary's river, including

said road, is hereby added to and made a part of Montgomery county.

COUNTIES, COURT-HOUSES, AND JAILS. 1816.

219

Sect. 4. And be it further enacted by the authority aforesaid, That all the unlocated (No. 154.)
territory north of said road, and up to Oswitchee Trail, including said Trail, leading ^P^tt0
from the Ocmulgee, near the upper line of Telfair county, is hereby added to and made
a p'art of the county of Telfair.

Sect. 5. And be it further enacted, That all that unlocated territory north of said a part an-
Trail, and up to the Uchee Trail, leading from Hartford, now called Blackshear's road, Puiaski°
including said road, is hereby added to and made a part of the county of Pulaski.

Sect. 6. And be it further enacted, That all the unlocated territory north of said A part added

to Twjcsts
road, and up to the Federal road, leading from Fort Hawkins, including said road, to

Fort Mitchell, on the Chatahochee, is hereby added to and made a part of the county of

Twiggs.

*
Sect. 7. And be it further enacted, That all the unlocated territory north of said road, A part to

and up to a road leading from Zachariah Philips's, sen'r. on the Ocmulgee, including said °neS Coun J '

road, which road crosses the Chatahochee at Canard's, is hereby added to and made a

part of the county of Jones.

Sect. 8. And be it further enacted, That all the unlocated territory north of said A Part t0

. m t Jasper,

road, and up to the Cherokee line, or a path leading from the High Shoals of the Appa-

latchee to the Standing Peach Tree, on the Chatahochee, .called the Hightower Trail,

including said Trail, is hereby reserved to the county of Jasper.

Sect. 9. And be it further enacted, That all the unlocated territory north of the last a part to
mentioned Trail, and as far as the Federal road, leading from Jackson county to Nicka- ac son'
jack, is hereby added to and made apart of the county of Jackson.

Sect. 10. And be it further enacted, That said Federal road, and all the territory north
of the same, to the 35th degree, or north boundary of this state, be, and the same is
hereby added to and made a part of the county of Franklin.

A part to
Franklin.

Sect. 11. And be it further enacted, That all offences, committed within the unlocated
territory as aforesaid, against the state, or all crimes committed by persons citizens of
this state, or of the United States, and- entitled to the privileges- of citizens as aforesaid,
or against the state, or any of its citizens as aforesaid, or within either of the counties
aforesaid, or in the territory thus added to either of said counties1, shall be tried and

Crimes com-
mitted in said
unlocated ter-
ritory triable,
&c. in the
county to
which such
territory is
annexed,

F f2

220 COUNTIES, COURT-HOUSES, AND JAILS. 1816.

(No. 154.) punished in the county to which said territory is added and made a part, any law to the
contrary notwithstanding.

BENJAMIN WHITAKER, '

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

(No. 155.) AN ACT

To amend an act, entitled An act to establish the site of the public buildings
in Jones county, and appropriate the money arising from the sale of public

lots.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

The justices in General Assembly met, and it is hereby enacted by the authority aforesaid, That

Court of Jones tne justices of the Inferior Court for said county for the time present, and their sue-

county, and cesS0rs in office, be, and they are hereby appointed commissioners of the court-house
their succes- ' 7 J ; rr

sorsin office, anc[ jajl Gf said county, with all the authority and powers which by the before recited
commissioners act is given to the then justices of said Inferior Court, any thing in the before recited

house andjail act to the contrary notwithstanding.

of said county.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUJSF,

President of the Senate.

Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1816.

221

AN ACT

(No. 156.)

To authorize and empower the justices of the Inferior Court of Elbert county to
build or erect a new court-house, at any place in their discretion, within three
hundred yards of where the old one now stands.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
at any time from, and immediately after the passing of this act, it shall and may be law-
ful for the justices of the Inferior Court of the said county of Elbert, or a majority of
them, whenever they shall have sufficient funds in their hands, to erect or build, or
cause to be erected or built, a new court-house in the said county of Elbert, at any site
or place they, or a majority of them, may deem proper: Provided, that it does not
exceed three hundred yards from where the old one now stands : And provided also,
nevertheless, that if the said justices of the Inferior Court aforesaid shall, within
three months from the passing of this act, be furnished with good titles to the original
public square, agreeable to a plan of the town of Elberton, whereon the court-house
now stands, clear of incumbrance, then, and in that case, the public buildings shall be
continued on said square.

The justices
of the Inferior
Court of El-
bert county
authorized to
build a new
court-house.

Proviso.
Proviso,

Assented to, 19th December, 1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

222 COUNTIES, COURT-HOUSES, AND JAILS. 1817.

(No. 157.) AN ACT '

To alter and amend an act, entitled " An act to make permanent the site of pub-
lic buildings in the county of Tiviggs, and for other purposes."

Sect. 1. BE it enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

The commis- same^ That the commissioners of the court-house and jail of said county of Twiggs^

sioners of the w <; . , ", .

court-house or a majority of them, shall, on the first Monday in January next, or within twenty

Twiffs-s coun- days thereafter, meet at the town of Marion, in said county, and transfer all monies
ty required to wnich have not heretofore been laid out for county purposes, together with all bonds,

monies, &c. in notes, and other securities, which may have been taken in consideration of the sale of

their hands to .

the justices of lots in the town of Marion aforesaid, to the justices of the Inferior Court of said county,

Court. under the penalty of five thousand dollars ; which said penal sum, on the failure of the

Penalty for compliance of said commissioners, or either of them, holding public money arising from

ancePe ° " tne sa^e °^ sa^ townlots, as also all bonds, notes, and other securities, may be sued

for, and recovered in any court of justice in this state having cognizance thereof.

Said justices Sect. 2. And be it further enacted, That the said, justices of the Inferior Court are

the same pow- hereby vested with the same power and authority that the said commissioners have

ers that said heretofore been possessed of, and liable to the same fines and penalties as regards the
commissioners r ■ ' * o"iU,J "iV-

possessed, &c. funds arising from the sale of the lots, &c. in the said town of Marion;

Said justices, Sect. 3. And be it further enacted. That the said justices of the Inferior Court, or a
the debts"con- majority °f them, after paying off the demands that are now due and owing by the

tracted by the sa^ commissioners, for the building and completion of the court-house and jail in said
said commis- x .
sioners, may county, and for other necessary expenses, are hereby authorized to appropriate the ba-
the remainder lance of the funds of said county, or any part thereof, arising, or which may have arisen,
arising from from the sale of said lots, to the trustees of the Marion Academy, for the use and be-
the sale of lots nent 0f sai(j academy, or make such other disposition thereof as may, by said court, be

the Marion deemed most to the interest of the county.

Academy, &c.

&c. . .

Authorized to Sect. 4. And be it further enacted, That the said justices of the Inferior Court and

said town, not their successors, or a majority of them, are hereby authorized to sell and dispose of any

nosed of& ^ot or l°ts> belonging to said town, not already disposed of, under the same restrictions,

and on such terms as are pointed out in the act authorizing said commissioners to sell

The proceeds lots, of which this act is amendatory, and to appropriate the funds arising therefrom as

priated.Pr° directed by the third section of this act.

COUNTIES, COURT-HOUSES, AND JAILS. 1817.

• 223

Sect. 5. And be it further enacted, That all laws and parts of laws that militate (No. 157.)
against this act be, and the same are hereby repealed.

Assented to, 27th November, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

. MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

Repealing
clause.

AN ACT

(No. 158.)

To remove and make permanent the seat of the public buildings of McIntosh
county at the town of Darien, and to provide for disposing of the present court-
house of Mclntosh county.

Sect. 1. BE it enacted by the Senate and House of Representatives of ', the state of
Georgia, in General Assembly met, and % is hereby enacted by the authority of the same,
That from and after the thirtieth day of April, eighteen hundred and nineteen, the
permanent seat of the public buildings of McIntosh county shall be at the town of
Darien.

The seat of
the public
buildings of
McIntosh shall
be at Darien
after the 30th
of April, 1819.

Courts and
elections,
where held.

Sect. 2. And be it further1* enacted, That until a court-house is built in Darien, all
courts and elections, from and after the thirtieth day of April, eighteen hundred and
nineteen, for the county of MTntosh, shall be held in some private house in the town
of Darien. : Provided, as soon as the mayOr and aldermen of Darien shall have built a Proviso
council-house, they shall allow the courts and elections of McIntosh county to be held
in the council-house, until the Inferior Court of said county shall build a court-house,
or the mayor and aldermen may. sell the said council-house to the Inferior Court of
McIntosh county for a court-house.

Sect. 3. And be it further enacted, That it shall be the duty of the justices of the Court-house

Inferior Court of McIntosh county to proceed to build a jail in the town of Darien as bufltasloon*

early as possible : Provided, nothing in this act shall be construed to compel the pre- as Possible-

Proviso.
sent clerks of the Superior and Inferior Courts to keep their offices at or within one mile

of the town of Darien^ until the expiration of the term for which they are at present
elected.

224

COUNTIES, COURT-HOUSES, AND JAILS. 1818.

(No. 158.) Sect. 4. And be it further enacted, That from and after the thirtieth day of April,

The present eighteen hundred and nineteen, it shall be the duty of the justices of the Inferior Court

court-house, # .

&c. to be sold, of McIntosh county, after giving thirty days notice in two or more public places of

said county, to proceed to sell the present court-house and lot of ground, in such man-
ner as they, or a majority of them, may think most advantageous to the county, and
apply the proceeds of the sale to such public use as they may think most proper, and
advantageous.

Repealing
clause.

Sect. 5. And be it further enacted, That all laws and parts of laws militating against
this act be, and the same are hereby repealed.

Assented to, 20th November, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate

WILLIAM RABUN, Governor.

(No, 159.)

AN ACT

To authorize the justices of the Inferior Court of Emanuel county to sell the pub-
lic lots in the county, belonging to said county.

The public
lots of the
county of
Emanuel to
be sold.

Proceeds of
the sale ap-
propriated to
county pur-
poses.

Notice.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and im-
mediately after the passing of this act, the justices of the Inferior Court of Emanuel
county, or a majority of them, shall be, and they are hereby authorized to sell and dis-
pose of the whole, or any part of the lots belonging to said county, and make and exe-
cute a deed in fee simple to the. purchaser, which money arising from such sale, shall
be paid over to the cierk of the Inferior Court for county purposes, and that previous
to such sale the said justices shall give at least twenty days public notice in three or
more public places in said county, and at the court-house.

COUNTIES, COURT-HOUSES, AND JAILS. 1818. 225

-_■ ' ■ . ■*• •• « "

Sect. 2. And be it further enacted, That all laws or parts of laws militating against (No. 159.)

this act be, and the same are hereby repealed. Repealing

J l clause.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 17th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 160.)

To define the lines between the counties of Washington and Hancock, so far as
respects the plantation of Thomas Coleman.

WHEREAS, doubts have arisen as respects the dividing line between the counties Preamble.
of Washington and Hancock, at or near the plantation of Thomas Coleman, or the
place commonly called the Cross Roads :

BE it enacted therefore by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is enacted by the authority of the same,

That from and immediately after the passing of this act, the road as it now is, so as to Dividing line

place the dwelling-house of the said Thomas Coleman in the county of Hancock, be, counties of *

and the same is hereby considered and taken as the true line of division between the Washington
•j c txr i_- anc* Hancock

said counties ot Washington and Hancock, any law, usage or custom, to the contrary so defined as

thereof notwithstanding. LP"f

Thomas Cole-
BENJAMIN WILLIAMS, man in the

speaker of the House of Representatives.

latter.

Assented to, 19th December, 1818,

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.
G g

226 COUNTIES, COURT-HOUSES, AND JAILS. 1818.

(No. 161.) AN ACT

To organize the counties of * Walton, Gwinnett, Hall, and Habersham, and to
add a part of Jackson county to each of the counties of Walton, Gwinnett, and
Hall, and a part of Franklin county to the counties of Hall and Habersham,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

A part of Jack- That all that part of the county of Jackson, which lies south-east and south-west of a
son county i 1 • •

added to the line to commence on the Appalachee river, where the dividing line between the counties
Walton.° °f Walton and Gwinnett strikes the same, and continuing the course of said line until

the same strikes the Hog Mountain road ; thence down the same to the southern line of
said county ; thence along the same to the Appalachee river, shall be added to, and
Also, a part make a part of the county of Walton : and all that part of said county which lies above
county of " tne ab°ve prescribed line ; and thence along the road which passes Thompson's mill, to
Gwinnett. ^e Mulberry fork of the Oconee river ; thence a direct line to the corner of Gwinnett
county on the top the Chatahoochee ridge, shall be added to, and become a part of
Also, a part Gwinnett county : and all that part of Jackson county, which lies north-west of a line,
county of Hall, to begin at the house of William Clements, and running parallel with a line commonly
called Hawkin's line, to the present line of Franklin county, be added to, and become
A part of a part of the county of Hall : and all that part of Franklin county, which lies north-

ed to Haber- west of a line beginning on the Tugalo river at the mouth of Walton's creek, and run-
ning up said creek to the Unacoy road ; thence till Blair's road crosses the same ; thence
along said road to Tate's bridge ; thence along the road to the Silver Shoals on the
Hutson fork of Broad river ; thence to the south-west corner of Habersham county, be
A part of added to, and become a part of Habersham county : and all that part of the county of

edtothecoun- Franklin, which lies north-west of a line running thence direct to the place where the
ty of Hall. dividing line between Jackson and Hall counties strikes the Franklin county line, shall
be added to the county of Hall.

Militia officers Sect. 2. And be it further enacted by the authority aforesaid, That all officers of the
the peace of° militia, and justices of the peace now in office, in either of the counties of Jackson or

Jackson or Franklin, and are comprehended in either of the aforesaid new counties, shall hold and
r ran klin coun- ? r '

ties, now in exercise their respective offices in the counties in which they may fall, in like manner as

office, who are _

included in if commissioned for said county.

any of the new

counties afore- _ .

said, shall re- "~ — " '

tain their offi-

c°-s> &.C- * With regard to the boundary lines, &c. -of these counties, see title, " Land acts," No. 318, act of 1818;

also, act of 1819, No. 322 ; see also present title, acts of 1819, Nos, 163 and 168.

COUNTIES, COURT-HOUSES, AND JAILS. 1818. 227

Sect. 3. And be it further enacted, That the justices of the Inferior Courts of the (No. 161.)

counties of Walton, Gwinnett, Hall, and Habersham, shall be, and they are hereby ap- Tfh<: Just]ce?

pointed commissioners of the court-houses and jails in their several counties, and they Courts of said
. . , . . new counties

are hereby vested with full power and authority to fix on the site of the public build- made commis-

ings in their said counties, which shall be as near the centre of each county as conVe- COurt-houses

niency will admit of, at which places the courts and elections shall be held as soon as <*nd jails of

suitable buildings are erected ; and they, or a majority of them, are hereby authorized counties.

to purchase as much land as they may deem necessary, on which to erect said build- as se^|fowers

ings : Provided, that they shall not purchase more than two hundred and fifty acres in Proviso.

each county ; and to contract with persons for the purpose of building a comfortable

court-house and secure jail in each of their several counties.

Sect. 4. * And be it further enacted, That until suitable court-houses shall be erect- Places of hold-
ing* courts, &c
ed in said several counties, the Superior and Inferior Courts and elections shall be held in said coun-

in the county of Walton, at Easly's Cowpens ; and in the county of Gwinnett, at the tab]'e court.

house of Elisha Winn ; in the county of Hall, at the house of John McDuffy ; in the house be erec-

county of Habersham, at the school-house near Walter Adair's.

Sect. 5. And be it further enacted, That the justices of the peace in said several Justices of the

counties, or any two or more of them, after giving at least twenty days notice by adver- 0f saTd^oun*- S

tisement, in at least three of the most public places in their several counties, shall hold u?s»"°w elec<>
• " - ' r r ' ed and com-

and superintend an election for five justices of the Inferior Court in each county, and missioned,
make return thereof agreeable to law, which said several justices shall be commissioned
by his excellency the Governor, to fill the vacancies occasioned by the creation of said
severalnew counties.

Sect. 6. And be it further enacted, That it shall be the duty of the justices of the Clerks, &c.
• • liow elected

Inferior Courts in said counties, or a majority of them, severally to advertise and hold and commis-

in said counties elections for clerks of the Superior and Inferior Courts, and sheriffs, S10ned-

county surveyors, and coroners, and make return thereof agreeably to law, who shall be

commissioned as is above provided for justices of the Inferior Court.

Sect. 7. And be it further enacted, That the militia officers in said several counties Militia officers
shall be, and they are hereby authorized and required to lay off said counties into com- -tie^sh^fdu"
pany districts ; to advertise and superintend elections in said several companv districts; vide said coun-

* . J \ r \ ./ - ties into com-

and it shall be the duty of any two of the justices of the peace in the adjoining dis- pany districts,

* This section repealed by act of 1819, No. 166^ which authorizes the justices of the Inferior Courts of
Walton, Gwinnett and Habersham to appoint temporary places of holding- courts and elections.

Gg2

228 COUNTIES, COURT-HOUSES, AND JAILS. 1818.

(No. 161.) tricts, to advertise and superintend elections in said several company districts, for two

Ssticesofthe justices of the peace and militia officers, and make returns accordingly,
peace and mi-
litia officers.
Said counties Sect. 8. And be it further enacted, That the militia in the said several newly created

the 2d bri- counties shall be added to, and become a part of the second brigade of the fourth di-

lon^f the ^ vision of the militia of GeorSia-

militia of the

state.

Added to the Sect. 9. And be it further enacted, That the above counties shall be added to, and

western cii1-

cuit form a part of the western circuit, and the Superior Courts shall be held in the county

Times of hold- of Walton, on the Thursday after the second Monday in August and March; on the

ing the Supe- • • \ r^

rior and Infe- Monday thereafter, in the county of Gwinnett ; on the Thursday thereafter, in the

county of Hall ; and on the Monday thereafter, in the county of Habersham ; and the In-
ferior Courts shall be held in the county of Walton, on the first Monday in November,
and on the Thursday thereafter, in Gwinnett ; on the Monday thereafter, in Hall, and
on the Thursday thereafter, in Habersham.

Regulation Sect. 10. *And be it further enacted, That nothing in this act shall be so construed

with resrard to

draws in the as to prevent those citizens who reside within the limits, and under the civil jurisdiction

famUottenF °*" tne counties of Jackson and Franklin, and who are hereby added to said new coun-
ties, from giving in for draws in the present contemplated land lottery, in the districts
in which they now reside, nor to authorize any person who now resides on the lands
lately acquired from the Cherokee and Creek Indians to a participation in said lottery.

Land courts in Sect. 11. And be it further enacted, That it shall not be lawful for the land courts in
said counties

prohibited any or either of the counties of Walton, Gwinnett, Hall or Habersham, to issue or sign

from issuing , , i -u i • • i r i

land warrants anv land warrant, nor shall the surveyor or surveyors in any or either or the counties

and surveyors aforesai(j locate or survev anv land in anv or either of said counties, until after the

from locating ' J J J

lands therein, lands lately acquired of the Creek and Cherokee Indians shall be disposed of agreeably
&c.

to law, nor until they shall afterwards be authorized so to do by law.

.Justices of the Sect. 12. And be it further enacted, That the justices of the Inferior Court of said

Inferior m . ' ,

Courts of said counties be, and they are hereby made commissioners of the court-house and jail in said

commissioners counties, and to sell and dispose of, and to make titles to any part of the lands which

of the court- they are by this act authorized to purchase for the site of the public buildings, and apply

jails thereof, the proceeds thereof, together with the proceeds of their several county taxes, which by
&c.

* This section repealed by act of 1819, No. 166.

COUNTIES, COURT-HOUSES, AND JAILS. 1MB. 229

law they are authorized to levy, towards defraying the expenses of erecting a court-house (No. 161.)
and jail in each of said several counties.

Sect. 13. And be it further enacted, That the justices of the Inferior Court of each Duty of the

said justices
and every one of said new counties, so soon as conveniency will admit, after they are concerning

commissioned, shall select persons for grand jurors, and proceed to draw grand and petit petit jurors.
jurors at such time and place as may be most convenient, any law to the contrary not-
withstanding : Provided nevertheless, that nothing herein contained shall be so construed Proviso,
as to authorize any surveyor appointed by the surveyor general to lay off the four upper
new counties, to wit : Walton, Gwinnett, Hall and Habersham, to run any lines into any
part or parts of the old counties, which is contemplated by the before recited act, to be
added to and become a part of any of said new counties ; and that the justices of the
Inferior Courts of Franklin and Jackson, shall appoint fit and proper persons to run and
plainly mark all lines which are not natural boundaries, and that they pay out of the old
county funds for the same.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the -Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 16

To authorize the Inferior Court of the county of Richmond to sell and dispose of
the court-house of said county and the lot appertenant, as well as all the public
property belonging to the said Inferior Court.

WHEREAS, the justices of the Inferior Court of the county of Richmond have, by Preamble
their petition presented to the General Assembly, stated, that an opportunity is afforded
them of making a very advantageous arrangement with the city council of Augusta,
relative to the court-house and jail of said county, and have prayed leave to sell and
dispose of the same, as well as all the public property belonging to the said Inferior
Courtj And whereas, the General Assembly are disposed to offer to the said Inferior
Court the opportunity of effecting an object so desirable to their county :

■230

COUNTIES, COURT-HOUSES, AND JAILS. 1818.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That the Inferior Court of the said county of Richmond, and their successors in
office, or a majority of them, shall be, and they are hereby authorized and empowered
to sell, barter or dispose of, in any manner and upon any terms they, or a majority of
them, may think most conducive to the public welfare and convenience, the court-house
of said county, as well as the lot whereon the same is situate, with the appertenances, as
also the houses and lots on Bridge row, in the city of Augusta, and all and every other
species of public property belonging to the said county of Richmond: Provided, that
the proceeds of said sale, barter or disposition of said property, be appropriated to the
procurement of another court-house and jail, for the use of the county of Richmond :
And provided also, That the said county of Richmond shall not, by any arrangement to
be made by the said Inferior Court, by virtue of this act, be at any time deprived of a
court-house and jail, in and foresaid county.

(No. 162.)

The Inferior
Court of Rich-
mond county
authorized to
dispose of (by
sale or other-
wise) the
court-house,
&C. of said
county.

Proviso.

Also authoriz- Sect. 2. And be it further enacted by the authority aforesaid, That the said justices
of the Inferior Court of the county of Richmond, or a majority of them, shall be, and
they are hereby vested with full power and authority to alter and change the site of the

court-house

and jail.

Proviso. court-house and jail of said county : Provided, the same shall not be removed from the

city of Augusta, nor be placed above Washington street in said city.

Repealing
clause.

Sect. 3. And be it further enacted by the authority aforesaid, That all acts and parts
of acts militating against this act be, and the same are hereby repealed.

Assented to, 19th December, 1818,

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor,

COUNTIES, COURT-HOUSES, AND JAILS. 1819. 231

AN ACT (No. 163.)

To alter and define the line dividing the counties of Jackson and Gwinnett, and to
alter the line dividing the county of Gwinnett and the county of Hall.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the line dividing the counties of Jackson and Gwinnett, commencing at the point The dividing

line between
where the line dividing the counties of Walton and Gwinnett strikes the Hog Mountain the counties

road, and thence along the road which passes Thompson's mill, shall extend from said Gwfrniet^dT-

mill along an old road to Langston's mill, on the Mulberry fork of the Oconee river, fined.

thence up said fork to where the line dividing the counties of Hall and Gwinnett crosses

the same, be, and the same is hereby declared to be, the line dividing the counties of

Jackson and Gwinnett.

Sect. 2. And be it further enacted, That the line dividing the counties of Hall and The dividing

Gwinnett shall commence at the mouth of Shoal creek, thence by a direct line to a tjle COunties

point three and three-fourth miles north-east of a stake, the present corner of Hall and 5, . ^\
" . r Gwinnett de-

Gwinnett counties, on the Chatahoochee ridge, and on the line running from thence to fined.
William Clements, thence along said line to the Mulberry fork of Oconee river.

Sect. 3. And be it further enacted, That it shall be the duty of the Inferior Courts The inferior
. . , "' Courts of Hall

of Hall and Gwinnett counties to employ a fit and proper person to run said line, and and Gwinnett

the expenses to be equally paid out of the county funds by said counties. \ person to*

run said line.

Sect. 4. And be it further enacted, That all laws militating against this law be, Repealing
and the same are hereby repealed.

clause.

Assented to, 29th November, 1819.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor

232

COUNTIES, COURT-HOUSES, AND JAILS. 1819.

(No. 164.)

AN ACT

To alter and amend the laivs heretofore passed, fixing the site of the public
buildings of Laurens county, in the town of Dublin, and more particularly to
define the duties of tlie commissioners thereof

Commission-
ers of the
court-house

and jail of
Laurens coun-
ty appointed.
Said commis-
sioners, and
those appoint-
ed by resolu-
tion of the le-
gislature since
the act of
1811, esta-
blishing the
public build-
ings in Dub-
lin, declared
to be succes-
sors to those
appointed by
said act, and
their proceed-
ings con-
firmed. .

Said commis-
sioners autho-
rized to sell
lots in the
town of Dub-
lin;

And required
to discharge
a*hy sum owing
for building or
repairing the
court-house,
&c. out of the
proceeds of
any sales of
lots.

The overplus
appropriated
to the Laurens

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, audit is hereby enacted by the authority of the same,
That John G. Underwood, David Blackshear, Neill Munroe, Amos Love, Thomas
Moore and Archibald Griffin, commissioners, for the time being, and John Guytou,
hereby appointed in the place of Noah Stringer, also George W. Welsh and Lunsford
C. Pitts, hereby added, be, and they are hereby declared to be commissioners of the
court-house and jail of said county ; and that they, and those appointed by resolutions
of the General Assembly, since the passing of an act to make permanent the site of the
public buildings in the. town of Dublin, county of Laurens, on the thirteenth Decem-
ber, eighteen hundred and eleven, be, and they are hereby declared to be successors to
those appointed by said act ; and whatever may have been done by them, or either of
them, in pursuance of the duties assigned the original commissioners by said act, be
held as good and valid in law, as if the same had been done by the said original com-
missioners.

Sect. 2. And be it further enacted, That the said commissioners for the time being,
or a majority of them, or their successors in office, shall have full power and authority
to sell and dispose of any number of lots in the town of Dublin, belonging to said
county, in such manner as will in their opinion be most conducive to the interest of the
county, giving at least twenty days notice of the time and place of such sale, in three
or more public places of the county, and in all cases taking special care to secure the
purchase money.

Sect. 3. And be it further enacted, That the said commissioners, or a majority of
them, or their successors in office, are hereby authorized and required to pay off and
discharge any sum that may be owing for the building or repairing the court?house and
jail in said county, out of any monies which may have arisen, or which may hereafter
arise from the sale of the said lots ; and any balance which may be found remaining on
account of such sales, shall be paid over by said commissioners to the trustees of the
Laurens county academy, and become a part of the funds of that institution,
county academy.

COUNTIES, COURT-HOUSES, AND JAILS.. 1819. 233

Sect. 4. And be it further enacted. That it shall be the duty of the commissioners (No. 164.)

aforesaid- to lav off a lot of four acres of ground in some suitable situation on the pub- A lot to De

.'"/'■• laid off and

lie lands, and convey the same to the trustees of the Laurens county academy, on conveyed to

the trustees of
which to erect an academy, and such other buildings as may be necessary for that in- sai<i academv,

stitution.

&c.

Sect. 5. And be it further enacted, That it shall be the duty of the said commis- A plan of said

sioners to cause a fair and correct plan of the said town of Dublin to be made, and re- \m to i,e re_ "

corded in the surveyor general's office ; also to cause to be made, as far as practicable, ^ \n

a correct account of the sales heretofore made, and to keep a correct account of the neral's office.

sales hereafter made by them, designating each lot by the number, and carry out the sales required.

amount for which it sold, including the name of the purchaser, and have the same en- Said commis-

tered into a record book to be provided for that purpose; also to keep fair and regular keep minutes

minutes of their proceedings, and an account of the expenditures and disposition made ceedhig-sP ac-

of any and all funds which may come into their hands by virtue of any sale of the said counts of their
J J expenditures,

lots. &c.

Sect. 6. And be it further enacted, That in case any of the commissioners for the Any commia-
time being, or their successors in office, who may now or hereafter be indebted for, or or m be_a

on account of said town lots, either as principal or otherwise, and the sum or sums c°me indeDt-

7 r r ' ed on account

owing by him or them being due, and they or either of them being notified and required of town lots,

• ri •• «ii ii and being1 no~

to pay tne s*pae by any one or more ol the commissioners not so indebted, and shall titled and re-
fail to satisfy and pay the amount due by him or them within two months from the Jjhe^ame ^
time of such notice, he or they so offending are hereby declared to be no longer com- any on ~ °£

missioners ; and the remaining commissioners shall be authorized to sue for and collect commissioners

..... n°t indebted,

the amount due and owing by him or them in any court having competent jurisdiction and failing to
i r pay the same

tnereot. within a cer-

tain time, shall be no longer commissioner ; and the amount due shall be sued for by the remaining commissioners.

Sect. 7. And be it further enacted, That all laws and parts of laws heretofore passed Repealing

* CI 3.11 SP

militating against this act be, and the same are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor,
Hh

Assented to> 14th December, 1819.

234 COUNTIES, COURT-HOUSES, AND JAILS. 1819.

Telfair.

(No. 165.) AN ACT

To add a part of the county of Appling to the county of Telfair.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

A part of in General Assembly met, and it is hereby enacted by the authority of the same, That

Appling1 coun-

ty added to from and after the passing of this act all that part of the county of Appling known and

Tolfo^ ..... . .

distinguished in the plan of said county by district No. 1, shall be, and the same is
hereby declared to be, a part of the county of Telfair.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the .Senate*
Assented to, 14th December, 1819.

JOHN CLARK, Governor.

(No. 166.) AN ACT

To repeal the fourth and tenth sections of an act passed the 19th December, 1818,
organizing the counties of Walton, Gwinnett, Hall and Habersham, and to
authorize the justices of the Inferior Courts of the counties of Walton, Gwinnett
and Habersham to appoint temporary places of holding courts and elections in
said counties.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

The fourth That the fourth and tenth sections of an act, passed on the nineteenth of December,

stncl. tcntn. sec- *

tionsofthe eighteen hundred and eighteen, organizing the counties of Walton, Gwinnett, Hall and

reDealecT Habersham, be, and the same are hereby repealed, as fully and effectually as though the

same had never been passed, any law to the contrary notwithstanding.

The justices Sect. 2. And be it further enacted by the authority aforesaid, That the justices of

Courts of tne Inferior Courts, or their successors in office, or a majority of them, in the counties

netfanV^111 °^ Walton, Gwinnett and Habersham, be, and they are hereby authorized to appoint

COUNTIES, COURT-HOUSES, AND JAILS. 1819.

235

some fit and proper place, as near the centre of their respective counties. as may be prac- (No. 166.)

ticable, and have erected such temporary buildings as they may think suitable, for the Habersham

authorized to

purposes of holding courts and elections m, and pay for the same out of the county funds, appoint fit

places, and
erect temporary buildings for holding- courts.

Sect. 3. And be it further enacted by the authority aforesaid, That when said justices Suits, &c. re-
shall make such appointments, it shall be lawful that all suits and recognizances be made sa^ piaces
returnable to the same ; and that the sheriffs and their deputies in the above recited Duty of the
counties, shall summon all jurors and witnesses who may be subpoenaed to attend the summoning
courts in said counties, at the place so appointed in term time. jurors, c.

Sect. 4. And be it further enacted by the authority aforesaid, That all elections for Elections,
members to Congress and members of the General Assembly, justices of the Inferior
Courts, and all county officers, shall be held at and in the places so appointed.

Sect. 5. And be it further enacted by the authority aforesaid, That this act shall not Places ap-
be so construed as to authorize the before recited justices to make any of the places so aforesaioTnot
appointed permanent, until the land in said counties is drawn for, and .the centre of each t0 b.e Perma'
county properly ascertained and defined.

Sect. 6. And be it further enacted by the authority aforesaid, That this act shall re- Repealing
peal all laws or parts of laws militating against the same, any law to the contrary not-
withstanding.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 14th December, 1819.

JOHN CLARK, Governor,

Hh2

236 COUNTIES, COURT-HOUSES, AND JAILS. 1819.

(No. 167.) AN ACT

*To organize the counties of Early, Irwin and Appling,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That

Elections for it shall be the duty of any three or more of the commissioners herein after named, not

justices of the *"-'. " ■•-"'•_ . . . - .

Inferior being themselves candidates, in each of the counties aforesaid, to advertise and superin-

counties of ten(l an election for five justices of the Inferior Courts for each of the aforesaid counties,

and A fTn" S*v*n§ at *east fifteen days notice when said elections shall be held, at the places pointed

regulated. out by this act for holding the Superior Courts in said counties, until a permanent place

Returns of is fixed on ; and the said commissioners shall certify, from under their hands, to his excel-
said elections.

lency the Governor the five persons having the highest number of votes, who shall be

Continuance commissioned by the Governor, and hold their offices until the next general election for

in office. . . .

justices of the Inferior Courts throughout this state, unless their offices shall sooner be-
come vacant by the laws of this state ; and that the following persons be, and they are
hereby appointed commissioners for superintending said elections in the counties afore-

Commission- said, to wit : for the county of Early, Alexander Watson, Robert Jackson, John Brock-

GX*S of clcC-

tions for the man, Richard Grimsley, John McRea, Alsey Harriss, Thomas Harvey, Hartwell Tarver,

Earlv^ ° Thomas Carter and Isaac Ledbetter : for the county of Irwin, John Lutton, junr., John

For the coun- Lutton, senr., Joshua Calloway, "Willis King, Samuel Boyd, Ludd Mobley, David Wil-

ty of Irwin.

For th liams, Redding Hunter, Burrell Bailey and Greene Graham : and for the county of

ty of Appling-. Appling, John Johnston, William Tomlinson, Frederick Carson, Philemon Bryant,

Joseph Dayal, Eli Bassett, John Austin, Joseph Jenkins, Jesse Measles and Richard

Walker.

Justices of the Sect. 2. And be it further enacted, That the justices of the Inferior Courts of the
inferior ; ... .

Courts of said counties aforesaid, when commissioned as aforesaid, are hereby appointed commissioners
counties made r , , ,...„,. . . ., ., .

commission- °* the court-houses and jails ot their respective counties ; and they are hereby vested

court h with full power and authority to fix on the site for the public buildings in their said

and jails counties, which shall be as near the centre thereof as convenience will admit, at which

thereof.

Their powers places the courts and general elections shall be held as soon as suitable buildings are

as such. erected ; and they, or a majority of them, are hereby authorized to purchase as much

Proviso. land as they may deem sufficient to erect said buildings : Provided nevertheless, they

shall not purchase more than one lot for the use of any one county; and they are hereby
authorized to lay off any portion of said land, purchased as aforesaid, in town lots, and

For the boundary lines, &c. of these counties, see title " Lands," act of 1818, No. 318=

COUNTIES, COURT-HOUSES, AND JAILS. 1819. 237

dispose of the same for the use of the county, and to contract with any person or persons (No. 1.67. )
for building a court-house and jail in the aforesaid counties.

Sect. 3. And be it further enacted. That as soon as the justices of the Inferior Courts Elections for
e • t i it cc -1- i' ' i • • • justices of the

of the counties aforesaid shall lay off the military districts in their respective counties, peace regulat

agreeable to the provisions of this act, they, or any two of them, shall advertise and

superintend an election in each captain's district, for two justices of the peace in each

captain's district, giving fifteen days notice thereof, who shall be commissioned by the

Governor, and remain in office until the next general election for justices of the peace

throughout this state, unless their offices shall sooner become vacant by the laws of this

state.

Sect. 4. And be it further enacted, That the justices of the Inferior Courts of the Elections for
. . . r . ...... . clerks, she-

counties aforesaid, or a majority of them, are hereby authorized and required to adver- riffs, and other

tise at least fifteen days, at three or more public places in the county, and hold elections cerTre °ulat-
in the counties aforesaid respectively, for clerks of the Superior and Inferior Courts, ed*
sheriffs, coroners, tax collectors, receivers of returns of taxable property, and county-
surveyors, which said elections shall be held at the places herein after named, until the
commissioners aforesaid fix permanently on the site of the public buildings respectively.

Sect. 5. And be it further enacted, Until suitable court-houses are erected, the Supe- Temporary
rior and Inferior Courts for the county of Early shall be held at Richard Grimsley's, holding-
in the 28th district ; in the county of Irwin, at David Williams's ; and in the county of
Appling, at John Johnston's.

Sect. 6. And be it further enacted, That it shall be the duty of his excellency the Go- The Governor
vernor to commission all officers, civil and military, in the counties aforesaid, who may commission all
hereafter be elected, agreeable to the provisions of this act. afteTelected"

Sect. 7. And be it further enacted, That as soon as the justices of the Inferior Grand and
t^ • • r • i * • • i i fr i petit jurors,

Courts in the counties aforesaid are commissioned and qualified, they shall proceed to how selected.,

select grand and petit jurors for said counties respectively, agreeable to the laws now in

force in this state, regulating the drawing of jurors.

Sect. 8. And be it further enacted, That the justices of the Inferior Courts of the Said counties

counties aforesaid, shall have full power and authority to lay off the said counties re- i„t0 captains'

spectively, into as many captains' districts as they, in their discretion, may think proper; 1S nc s"

and whenever said districts shall be so laid off and defined, and the justices of the Elections for
ill • ..'-',. • i n i captains and

peace are elected and commissioned, agreeably to the provisions of this act, it shall be subaltern offi-

the duty of said justices of the peace so as aforesaid elected and commissioned in their "rs re^u A

238

COUNTIES, COURT-HOUSES, AND JAILS. 1819.

(No. 167.) respective districts, to advertise the elections of captains and subaltern officers, as re-
quired by the militia laws in force in this state ; and the said elections to be superin-
tended and certified agreeable to the provisions of said laws.

Elections for
field officers
regulated.

Sect. 9. And be it further enacted, That whenever the officers in each captain's dis-
trict in said counties are elected and commissioned agreeable to the provisions of this
act, it shall be the duty of the justices of the Inferior Courts of the counties aforesaid
to advertise the elections of the field officers of each county, giving twenty days notice,
and it shall be the duty of the justices of the peace, or any two of them, in said coun-
ties, to superintend said elections, and certify the same as required by the militia laws
in force in this state.

Militia of said Sect. 10. And be it further enacted, That whenever the militia of the aforesaid
tached to the counties are organized agreeable to the provisions of this act, they shall be attached to
th Stfuft6*- *^e ^k division, and the second brigade of said division.

sion.

Assented to, 21st December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1819.

239

AN ACT

(No. 168.)

More effectually to define the line dividing the counties of Franklin and Haber-
sham, from Tugalo river to Tate's bridge on Broad river.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, that part of the line which divides the
counties of Franklin and Habersham, from Tugalo river to Tate's bridge on Broad ri-
ver, shall begin on Tugalo river at the mouth of Walton's creek, and run a direct line
.to the bridge above named, which line shall be run under the superintendance of two
justices of the peace, one from each county, in the adjoining districts, by a fit and pro-
per person whom they may appoint, who shall run and plainly mark the same; and the
expense for running said line shall be equally discharged out of the county funds, by
the commissioners certifying that the person so appointed has run and marked the line
as above contemplated.

The dividing
line between
the counties
of Franklin
and Haber-
sham defined.
The running
thereof pro-
vided for,

• Sect. 2. And be it further enacted, That this law shall repeal all laws or parts of laws Repealing
militating against the same, any law to the contrary notwithstanding.

Assented to, 21st December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor.

240

COUNTIES, COURT-HOUSES, AND JAILS. 1819.

(No. 169.)

AN ACT

To add a part of Elbert and Franklin counties to the county of Madison,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
A part of El- from and immediately after the passing of this act, all that part of Elbert and Franklin
Franklin coun- counties which would be included by a line commencing on the north bank of the North
Maffisoifcoun- Broad river, at the upper end of the Scull Shoal on said river, and running a straight
f.y- line to the dividing ridge between the two first forks of Shoal creek, so as to leave

James Dudley's and David Staple's plantations or places of residence in the county of
Elbert ; thence up said dividing ridge to Elias Hendrick's, so as to include said Hen-
drick's plantation ; thence a straight line to William Brown's old place, at the cross
roads on the Franklin county line ; thence to the mouth of Hudson's fork of said North
Broad river ; thence down said North Broad river, including William Redwine's plan-
tation, to the place of beginning, shall be added to, and become a part of the county of
Madison.

County sur- Sect. 2. And be it further enacted, That the county surveyor of the county of Madi-

Madison re- son ^e> and ne is hereby directed and required to run and plainly mark the lines herein

quired to run contemplated, and that the said surveyor be paid for such service out of the county funds
the necessary r 7 j r j

lines. of Madison, by the Inferior Court, a reasonable compensation.

Assemed to, 21st December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

COUNTIES, COURT-HOUSES, AND JAILS. 1819. 241

AN ACT (No. 170.)

To organize the county of Rabun.*

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia in General Assembly met, and it is hereby enacted by the authority of the same,
That it shall be the duty of any three or more of the commissioners herein after named, Election of
not being themselves candidates in the county aforesaid, to advertise and superintend an inferior Court
election for five justices of the Inferior Court for the county aforesaid, giving at least °£ Rabun0"^
fifteen days notice where said election shall be held, at the place pointed out by this act regulated.
for holding the Superior and Inferior Courts in said county, until a permanent place is
fixed ; and the said commissioners shall certify, from under their hands, to his excellency
the Governor, the five persons having the highest number of votes, who shall be commis-
sioned by the Governor, and hold their offices until the next general election for justices
of the Inferior Courts throughout this state, unless their offices shall sooner become
vacant by the laws of this state ; and that the following persons be, and they are hereby Commission-
appointed commissioners for superintending said elections in the county aforesaid, viz. to superintend
Cleveland Coffee, Joseph Jones, Chesly McKinsey, Willis Gilly, Ralph Cobb, James said election.
Jones, William Jones, Shadrick Morriss and John White.

Sect. 2. And be it further enacted, That the justices of the Inferior Court of the county justices of the

aforesaid, when commissioned as aforesaid, are hereby appointed commissioners of the of sajd county

court-house and jail of said county, and they are hereby vested with full power and ™ade co™mis-
° j l j j r sioners of the

authority to fix on the site for the public buildings in said county, which shall be as near court-house
the centre thereof as conveniency will admit, at which place the courts and general elec- Their lowers
tions shall be held, as soon as suitable buildings are erected; and they, or a majority of as sucn*
them, are hereby authorized to purchase as much land as they may deem sufficient to
erect said buildings : Provided nevertheless, they shall not purchase more than one lot for Proviso,
the use of said county ; and they are hereby authorized to lay off any portion of said
land, purchased as aforesaid, into town lots, reserving a sufficient square for a court-house
and jail in said county, and dispose of the same for the use of the county, and to con-
tract with any person t>r persons for building a court-house and jail in the aforesaid
county.

Sect. 3. And be it further enacted, That as soon as the justices of the Inferior Court Elections for
of the county aforesaid shall lay off the military districts in the aforesaid county, agreea- peace3 rege-
lated.

t See title « Lands," act of 1819, No. 322, by which this county is laid out.

I i

242

COUNTIES, COURT-HOUSES, AND JAILS. 1819.

(No. 170.) ble to the provisions of this act, they, or any two of them, shall advertise and superintend
an election, in each captain's district, for two justices of the peace in each captain's dis-
trict, giving fifteen days notice thereof, who shall be commissioned by the Governor
and remain in office until the next general election for justices of the peace throughout
this state, unless their offices shall sooner become vacant by the laws of this state.

Election for
clerks,
sheriffs, and
other county
officers, regu-
lated.

Sect. 4. And be it further enacted, That the justices of the Inferior Cqurt of the
county aforesaid, or a majority of them, are hereby authorized and required to advertise
at least fifteen days, at three or more public places in the county, and hold elections in
the county aforesaid for clerks of the Superior and Inferior courts, sheriff, coroner tax
collector, receiver of tax returns and county surveyor, which said elections shall be held
at the place herein after named, until the commissioners fix permanently on a site for
the public buildings aforesaid.

Temporary Sect. 5. And be it further enacted, That until a suitable court-house is erected the

Im^courts and Superior and Inferior Courts, and elections for the county aforesaid, shall be held at the
house where Daniel Love now lives.

elections

Governor re- Sect. 6. And be it further enacted, That it shall be the duty of his excellency the Go-
commission all vernor to commission all officers, civil and military, in the county aforesaid, who may be
officers here- nereafter elected agreeable to the provisions of this act.

&c.

Grand and Sect. 7. And be it further enacted, That as soon as the justices of the Inferior Court

how selected, hi the county aforesaid are commissioned and qualified, that they shall proceed to select

grand and petit jurors for said county, agreeable to the laws now in force in this state

regulating the drawing of jurors.

Said county to
be divided
into captains'
districts.

Elections for
captains and
subaltern offi-
cers regulated

Sect. 8. And be it further enacted, That the justices of the Inferior Court of the
county aforesaid shall have full power and authority to lay off the county into as many
captain's districts as they in their discretion may think proper : and whenever said dis-
tricts shall be so laid off and defined, and the justices of the peace are elected and com-
missioned agreeable to the provisions of this act, it shall be the duty of said justices of
the peace, so as aforesaid elected and commissioned in their respective districts, to ad-
vertise the elections of captains and subaltern officers as required by the militia laws in
force in this state, and the said elections to be superintended and certified agreeable to
the provisions of said militia laws.

Election of Sect. 9. And be it further enacted, That whenever the officers in each captain's

re^lt derS district in said county are elected and commissioned, agreeable to the provisions of this

act, it shall be the duty of the justices of the Inferior Court of the county aforesaid to

COUNTIES, COURT-HOUSES, AND JAILS. 1819. 243

advertise the election for the field officers of said county, giving twenty days notice (No. 17"0.)
thereof, and it shall be the duty of the justices of the peace, or any two of them in said
county, to superintend said elections, and certify the same as required by the militia
laws of this state.

Assented to, 21st December, 1819,

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor,

I i 2

[ 244 ]

DEBT, OUTSTANDING EVIDENCES OF

AN ACT
For the relief of Benjamin Scott, a soldier in the late state troop.

Sect. 1. BE it enacted by the Senate and House of Representatives' of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Comptroller That it shall and may be lawful for the comptroller general to issue, in the name of

general autho- . .

rized to issue Benjamin Scott, a state troop bounty warrant for six hundred and forty acres of land,

bounty war- ^or n*s services as a private in the late state troops, agreeable to an act for the calling

rant in the m tne outstanding evidences of debts due from this state, and for issuing new ones in

<name of Ben- ° . " -.

jamin Scott. lieu thereof, under proper checks and restrictions, passed the second day of February,

one thousand seven hundred and ninety-eight.

l .

The assignees Sect. 2. And be it further enacted, That the assignees of Benjamin Scott be author-
authorized to *zed to receive the same, on giving good and sufficient security to his excellency the

receive it, on Governor to indemnify the state against the lost certificate. '

giving secun- *

ty, &c.

Repealing Sect. 3. And be it further enacted, That so much of an act, further explaining and

defining the powers of th$ comptroller general, as militates against this act, be, and the

same is hereby repealed.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of. the Senate,

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

DEBT, OUTSTANDING EVIDENCES OF. 1811. 245

AN ACT (No. 172.)

To amend an act, entitled An act to appropriate the funds heretofore set apart
for the redemption of the public debt, passed the second day of December, one
thousand eight hundred and eight.

WHEREAS, by the second section of the aforesaid act, passed the second day of Preamble.
December, eighteen hundred and eight, the sum of fifty-five thousand dollars of the
money arising from payments on the bonds for fractional surveys, which were created
out of the late cession of land obtained from the Creek Nation by the United States,
in a treaty concluded at the city of Washington, the fourteenth of November, eighteen
hundred and five, should be set apart and appropriated annually and every year, for
the redemption of the outstanding evidences of the debt of this state, and that his ex-
cellency the Governor for the time being should draw in favour of such evidences of
debt, reduced in manner as is in said act directed : Provided, such sum should be an-
nually received at the treasury on account of such fractional bonds : And whereas, it
appears that such sum in money is not annually received at the treasury, and the ob-
jects of said law are thereby defeated :

BE it therefore enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is enacted by the authority of the same, That Tne governor

.... authorized to

his excellency the Governor for the time being shall be, and is hereby authorized to issue to the

issue to the holder or holders of certificates of any of the denominations mentioned in tam pubiic

the before recitecTact, reduced as is therein directed, a warrant on the treasurv for the Gertincates

7 7 •> warrants on

amount of his, her or their claim, payable out of any money arising from payments the treasury,

made to the treasury for the aforesaid fractional surveys, without any regard to the any money

amount which may be in the treasury on account of that fund: Provided, the same fractional sur-

amounts to the claim in whose favour he may draw. veys'

Proviso.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 10th December, 1811.

D. B. MITCHELL, Governor.

246 DEBT, OUTSTANDING EVIDENCES OF. 1811.

(No. 173.) AN ACT

For the relief of Bozeman Mare, a state troop soldier,

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

Comptroller General Assembly met, That it shall and may be lawful for the comptroller general to

rized to issue, issue, in the name of Bozeman Adare, a state troop bounty warrant for six hundred

in the name an(j forty acres 0f land, for his services as a private soldier in the late state troops,

Adare, a boun- agreeable to an act for the calling in the outstanding evidence of debt due from this
ty warrant. . . > .

state, and for issuing new ones in lieu thereof, under proper checks and restrictions,

passed the second day of February, one thousand seven hundred and ninety-eight, any

law to the contrary notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 13th December, 1811,.

D. B. MITCHELL, Governor*

DEBT, OUTSTANDING EVIDENCES OF. 1812. 247

AN ACT (No. 174.)

To renew a certain bounty warrant therein named.

WHEREAS, Samuel Hester has petitioned this legislature to renew a certain bounty Preamble;
warrant in the name of Aaron Gust, and the same appearing reasonable and just:

BE it enacted by the Senate and House of Representatives of the state of Georgia, Comptroller

in General Assembly met, That the comptroller general be, and he is hereby required to fhorizedto

take in the outstanding evidence of the claim of the said Aaron Gust, and issue a new *ssue a new

° 7 bounty war-

one in lieu thereof: Provided, the said Samuel Hester shall give bond and security to rant in the

name of
his excellency the Governor that the said bounty warrant is genuine, and indemnify the Aaron Gust, in

state against any future claim on account thereof.

one.
Proviso,

Assented to, 10th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

D, B, MITCHELL, Governor,

[ 248 ]

DEBTORS, INSOLVENT

AN ACT

To prevent assignments or transfers of property to a portion of creditors, to the
exclusion and injury of the other creditors, of persons who may fail in trade, or
who are indebted at the time of such assignment or transfer.

Preamble. WHEREAS, a practice of selecting particular creditors, by assignments and transfers

of property, made by persons indebted, and thereby excluding or defrauding other bona
fide creditors of their just claims on the estate of insolvent debtors, is contrary to the
first principles of equity and justice ; to prevent the mischief whereof,

BE it enacted by the Senate and House of Representatives of the state of Georgia,

Conveyances, in General Assembly met, and it is hereby enacted by the authority of the same, That

&c. in trust by . . - -

insolvent any person or persons unable to pay his, her or their debts, who shall at any time here-

which any after make any assignment or transfer of real or personal property, stock in trade, debts,

creditor is ex- <jues or demands, in trust to anv person or persons, in satisfaction or payment of any
eluded from an 7 j r r r j j

equal partici- debt or demand, or in part thereof, for the use and benefit of his, her or their creditor

pation in the A .

estate convey- or creditors, or for the use and benefit of any other person or persons, by which any

null and void, creditor or creditors of the said debtor shall or may be excluded from an equal share or
portion of the estate so assigned or transferred, such assignment, transfer, deed or con-
veyance shall be null and void, and considered in law and equity as fraudulent against

Proviso, creditors : Provided nevertheless, that nothing contained in this act shall prevent any

person or persons in debt from bona fide and absolutely selling and disposing of any part
or the whole of his, her or their estate, so the same be free from any trust for the benefit
of the seller, or any person or persons appointed by him, her or them.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

DEBTORS, INSOLVENT. 1818. 049

AN ACT (No. ire.)

To alter and amend an act, entitled An act to authorize justices of the Inferior
Courts of this state to discharge Insolvent Debtors, confined by process, from any
court of this state, passed \%th December, 1809, so far as relates to the county of
Chatham. .

WHEREAS, the benevolent intention of legislatures are frequently prevented from Preamble.
being carried into effect, in consequence of the absence of several of the justices of the
Inferior Court in the county of Chatham, at different periods ; for remedy whereof,

Sect. 1. BE it enacted by the Senate and <IFouse of Representatives of the state of

Georgia,- in General Assembly met, and it is hereby enacted, That immediately from One or more

and after the passage of this act, that in all cases between the first of June and the first inferior Court

of November, where application is made for the benefit of the insolvent act of this state, °f cl;atnam

it shall be, and is hereby declared to be, lawful for one or more of the justices of the admit aPPli_
. ' . ■ i ■ cants to take

Inferior Court in the county of Chatham, to admit said applicant to take the benefit of the benefit of

said act, unless on a suggestion of fraud ; then, and in that case, he shall remand said acts, between

applicant to prison, and draw a jury to try the same, agreeable to the laws now in force and ^st^No*

in this state on that subject. vember, un-

less there be
- . a suggestion

• Sect. 2. And be it further enacted, That all laws militating against the provisions of Repealing
this act, so far as relates to the county of Chatham, be, and the same are hereby repealed. clause-

BENJAMIN WILLIAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

. President of the Senate,

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor,

[ 250 ]

DIGEST OF THE LAWS,

AN ACT

Prescribing the form of a Digest or Manual of the laios of Georgia.

A digest of
the general
laws of the
state author-
ized.

An appendix
to be annexed,
containing the
constitution of
the U. States,
and of the
state, the sta-
tute of frauds,
&c.

A pex*son to
be appointed
who shall ar-
range said di-
gest, which
shall be re-
poi-ted to the
Governor, &c.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is. hereby enacted by the authority of the same,
That during the year eighteen hundred and twenty, a digest of the laws of this state
shall be formed and arranged, which shall include all acts and resolutions of the legisla-
ture heretofore passed, and which may be passed during the present session, which are
public and general, and excluding such as are private or local, arid also such as have been
repealed.

Sect. 2. And be it further \enacted, That to said digest shall be added an appendix,
which shall contain the constitution of the United States and of the state of Georgia
as amended, the statute of frauds and perjuries, passed in the twenty-ninth year of the
reign of Charles the, second} also all acts relating to writs of habeas corpus.

.Sect. 3. And be it further enacted by the authority aforesaid, That the legislature
shall, by joint ballot, appoint some fit and proper person to form and arrange a digest
in pursuance of this act, who shall report the same to his excellency the Governor,
who, after the same has been examined by a committee appointed for that purpose,
shall approve or disapprove the isame : and when the work shall be so performed, and
approved by the Governor, he shall pay out of the contingent fund, to the person ap-
pointed as aforesaid, a sum which he may deem an adequate compensation for the
work .

DIGEST. 1819.

251

tion of the legislature.

Sect. 4. And be it further enacted, That three fit and proper persons shall be ap- (No. 177.)

nointed bv the Governor to examine said work, and on their favourable report he shall A committee
r J r to be appomt-

be authorized to contract for the printing of three thousand copies in convenient bound ed by the Go-

,- _ vernor to ex-

volumes, a part to be distributed pursuant to an act ol the legislature, passed 12th of amine it.

December, eighteen hundred and nine, and the remainder reserved for future disposi- Jhtf(f rJntu"ff

tion thereof
provided for.

DAVID ADAMS,

Speaker of the*House of Representatives

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor.

Assented to, 21st December, 1819.

K k-2

C 252 ]

DIVORCES.

AN ACT
To divorce Levi Bright and Sarah his ivife.

Sect. 1. BE it enacted by. the Senate and House of Representatives of the state of Geor-

Leyi Bright -a jn Ge?ie'ral Assembly met. and by the authority of the same. That from and inl-
and Sarah his & ■ ' . , . ■
wife divorced, mediately after the passing of this act the matrimonial connection, or civil contract of

marriage, made between Levi Bright and Sarah his wife, late Sarah Smith, shall be
completely annulled, set aside and dissolved, as fully and effectually as if no such con-
tract had ever heretofore been made and entered into between them.

The civil con- Sect. 2. And be it further enacted by the authority aforesaid, That the said Levi
ecje Bright and Sarah his wife, late Sarah Smith, shall in future be held as separate and

distinct persons, altogether unconnected by any mystical union or civil contract what-
soever, at any time heretofore made or entered into between them.

ROBERT IVERSON,

Speaker of the House of Representatives.

Assented to, 3d December, 1811,

MATTHEW TALBOT,

President of the Senate,

D. B. MITCHELL, Governor,

DIVORCES. 1811. 25;

AN ACT (No. 179.)

To divorce John Strark and Nancy his wife.

Sect. 1. BE it enacted by .the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same. That from and im- John Strark

r ', . . . . ., . ' r and nis wtfe

mediately after the passing of this act the matrimonial connection, Or civil contract or Nancy divorc-
marriage, made between John Strark and Nancy his wife, late Nancy Fitzpatrick, shall
be completely annulled, set aside and dissolved, as fully and effectually as if no such
contract had ever heretofore been made and entered ,into between them.

, -Sect. 2. And be it further enacted by the authority aforesaid. That the said John Shall be held

J ■ J j j 7 as separate

Strark and Nancy his wife, late Nancy Fitzpatrick, shall, in future be held as separate and distinct
..... , , . , , .... . .. - persons^ &c.

and distinct persons, altogether unconnected by any mystical union or civil contract

whatsoever, at any time heretofore made or entered into between them.

ROBERT IVERSON,

- Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 4th December, 1811.

D. B. MITCHELL, Governor.

AN ACT' (No. 180.)

To divorce and separate Nathaniel Harper and 'Mary his wife.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General
Assembly met, and by the, authority of the same, That from and immediately after the Nathaniel
passing of this act the matrimonial connection, or civil contract-of marriage, made Mary his wife
between Nathaniel Harper and Mary his wife, late Mary Hubert, shall be completely dlvorced-
annulled, set aside and dissolved, as fully and effectually as if no such contract had
ever heretofore been made and entered into between them,

254

DIVORCES. •1811.

(No. 180.) Sect. 2. And be it further enacted by the authority aforesaid, That the said Na-

Shall be held thaniel Harper and Mary his wife, late Mary Hubert, shall in future be held as sepa-

and distinct rate and distinct persons, altogether unconnected by any mystical union or civil con-
persons.

tract of marriage whatsoever, at any time heretofore made or entered into between

them.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

(No. 181.)

AN ACT

To divorce and separate John /F. Patterson and Sarah his wife.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General

Assembly met, and by the authority of the same, That from and immediately after the

John T. Pat- passing of this act the matrimonial connection, or civil contract of marriage, made be-

i"PT*son 3.H fi nis

wife Sarah di- tween John T. Patterson and Sarah his wife, shall be completely annulled, set aside
and dissolved, as fully and effectually as if no such contract had ever heretofore been
made and entered into between them.

Shall be held Sect. 2. And be it further enacted by the authority aforesaid, That the said John T.
as separate ^ . . ;". r ."'.'•■'■•

and distinct Jratterson and Sarah his wile, shall in future be held as separate and distinct persons,

altogether unconnected by any mystical union or civil contract whatsoever, at any time

heretofore made or entered into between them.

Assented to, 13th December, 1811.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

D. B. MITCHELL, Governor,

DIVORCES. 1811.

255

AN ACT

(No. 182.)

To divorce and separate John Powell and Rachel his wife, formerly Rachel

Keener.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Georr
gia, in General "Assembly met, and by the authority of the same, That from and after John Powell
the passing of this act, that the matrimonial connection, or civil contract of marriage, wife divorced
made between John Powell and Rachel his wife, formerly Rachel Keener, shall be com-
pletely annulled, set aside arid dissolved, as fully and effectually, to all intents and pur-
poses, as if no such contract had ever heretofore been made and entered into between
them.

Sect. 2. And be it further enacted, That all property, real and personal, not by him or The property
her sold or otherwise disposed of, which the said John Powell received with or acquir- Powell receiv-
ed by, or in virtue of his union or marriage with the said Rachel, or which may here- vested ilT
after descend to her, or which she may acquire by her own industry, is hereby declared &c-
to be completely, fully and absolutely, to all legal intents, vested in and confirmed unto
her the said Rachel, her heirs and assigns for ever : Provided, that nothing herein con- Proviso,
tained shall be so construed as to exonerate the said property from the payment of all
debts contracted by the said John, prior to the passing of this act.

Sect. 3. And be it further enacted, That the said John Powell and Rachel in-iuture Said Powell
shall be deemed and considered as distinct and separate persons, altogether unconnected deemed sepa-
by any mystical union or civil contract whatever, at any time made or heretofore enter- tmct persons
ed into between them.

ROBERT I VERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor

256

DIVORCES. 1814.

(No. 183.)

AN ACT

To divorce and separate John Womack and Mary his wife.

John Wo*
mack andMary
his wife di-
vorced.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passage of this act the matrimonial connection, or
civil contract of marriage, made between the said John Womack and Mary his wife,
formerly Mary Hudson, shall be completely annulled, set aside and absolved, as fully
and effectually, to all intents and purposes, as if no such contract had ever been made
between them.

Shallbedeem- Sect. 2. And be it further enacted, That the said John Womack and Mary shall in
and dTstiinct future be deemed and considered as separate and distinct persons, altogether unconnect-
persons. ecj. by any mystical union or civil contract whatever, at any time made or heretofore

entered into between them.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 16th November,* 1814.

PETER EARLY, Goyernor,

DIVORCES. 1814. 257

AN ACT (No. 184.)

To divorce Alexander Fluellen and Kizziah his wife.

WHEREAS, the aforesaid Alexander Fluellen, according to an act of the General Preamble,
Assembly, passed on the fifth day of December, eighteen hundred and six, commenced
an action in the Superior Court of Putnam county, against his said wife Kizziah, for a
divorce ; and whereas, at March term, eighteen hundred and twelve, or" said court, the
said cause was tried by a special jury, who rendered into court a verdict for an abso-
lute divorce :

Sect. 1. BE it therefore'enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and after the passing of this act, the matrimonial connection and civil Alexander
contract of matrimony, made between the aforesaid Alexander Fluellen and Kizziah his his wife Kiz-
wife, late Kizziah Peoples, shall be completely annulled and set aside, and dissolved, as z divorced,
fully and effectually as if no such contract had been made and entered into between
them.

Sect. 2. And be it further enacted, That the said Kizziah Fluellen, late Kizziah The said Kiz-
Peoples, is hereby declared to be a feme sole, and the said Alexander Fluellen shall not "feme sole!
in future be bound, on any pretence whatever, for the payment of any debts, dues, or Said Alexan-
demands of the said Kizziah, on or for her contracting, or Avith any actions of or for for iier con.
damages, for or by reason of any tort, trespass or damages whatever, hereafter to be tracts> &c.
committed by the aforesaid Kizziah Fluellen, late Kizziah Peoples.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern.,

Assented to, 22d November, 1814.

PETER EARLY, Governor.

258

DIVORCES. 1814.

(No. 185.)

AN ACT

To divorce Elizabeth O'Reily and John O'Reily her husband, and to secure cer-
tain property to the said Elizabeth, her heirs and assigns, and to divorce Rachel
Jones and Robert Jones her husband.

Preamble. WHEREAS, it appears, by an exemplification of a record from the honourable the

Superior Court of the county of Richmond, that sufficient reasons were offered before
a special jury of that county to induce them to find a verdict for a total divorce between
Elizabeth O'Reily and her husband John O'Reily ; and whereas, the said Elizabeth
hath, by her humble petition, prayed that the said verdict may be confirmed by an act
of the General Assembly of this state, and that certain property which she has acquired
by her honest industry may be secured to her and her heirs :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is. hereby enacted by the authority of the same,

John O'Reily That from and immediately after the passing of this act, the matrimonial connection

and his wife .

Elizabeth di- existing between Elizabeth O'Reily of the city of Augusta, and John O'Reily her hus-

band, be thenceforth dissolved as fully, completely and entirely, to all intents and pur-
poses, so far as respects the said Elizabeth, as if the same had never been entered into,
and the said Elizabeth shall thenceforth be considered as a feme sole.

Certain pro-
perty vested
in said Eliza-
beth.

Proviso.

Sect. 2. And be it further enacted by the authority aforesaid, That all the pro-
perty, real and personal, which the said Elizabeth O'Reily hath acquired since the se-
paration of her said husband from her, particularly a house and lot on Broad street, in
the city of Augusta, adjoining John Mann, Esq. and the heirs of Baxter Pool, de-
ceased, and nine negroes, namely, Ben, Friday, Nann, Bett, Let, Jenny, Maria, Fan
and her child Bet, be, and the same is hereby declared to be, vested in the said Eliza-
beth O'Reily, her heirs and assigns, free and clear from all claim or claims of her said
husband John O'Reily : Provided nevertheless, That nothing herein contained shall
operate to defeat, or in the slightest manner to impair the claim of any other person or
persons to the property herein before mentioned.

Preamble to
sec. 3d.

And whereas, it appears, by an exemplification from the record of the Superior Court
of the county of Columbia, that sufficient cause was shown to a special jury of thatr

DIVORCES. 1814. 259

county, to induce them to authorize a total divorce, on legal principles, in a case then (No. 185.)
and there submitted to them, in which Rachel Jones was plaintiff and Robert Jones
defendant, in a libel for divorce ; and whereas, it is the sincere and earnest request of
said Rachel Jones, as expressed by frequent petitions to the legislature, that the said
judgment be carried into effect, and confirmed by the legislature :

Sect. 3. Be it therefore further enacted by the authority aforesaid, That from and im- Robert Jones

• • ■ i th anc* Racnel

mediately after the passing of this act, the matrimonial connection between the said Ra- his wife di-

chel Jones and Robert Jones her husband, be thenceforth dissolved, as fully, completely
and entirely, to all intents and purposes, as respects the said Rachel, as if the same had
never been entered into, and the said Rachel shall thenceforth be considered as a feme
sole.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

JARED IRWIN,

President of the Senate, pro tern,
Assented to, 22d November, 1814.

PETER EARLY, Governor.

vorced,

AN ACT (No. 186.)

To divorce and separate John M. Jamison and Polly his wife,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, the matrimonial connection or John M. Ja-
civil contract of marriage made between John M. Jamison and Polly his wife, late p0iiy his wife
Polly Grinage, shall be completely annulled, set aside and dissolved, as fully and effec- dlvorced°
tually as if no such contract had been heretofore made and entered into between them,

Sect. 2. And be it further enacted by the authority aforesaid, That the said John M. Shall be

deemed sepa-

Jamison and Polly Jamison, late Polly Grinage, shall in future be held as separate and rate and dis-
tinct persons.

LI 2

•'

260

DIVORCES. 1814, 1815.

(No. 186.) distinct persons, altogether unconnected by any mystical union or civil contract what-
soever, at any time heretofore made or entered into by them.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern.

Assented to, 23d November, 1814.

PETER EARLY, Governor.

(No. 187.)

AN ACT

To divorce and separate Matthew Shearer and Rebecca his wife.

Matthew
Shearer and
his wife Re-
becca divorc-
ed.

BE it enacted by the Senate and House of Representatives, in General Assembly met7
and it is hereby enacted by the authority of the same, That from and immediately
after the passing of this act, the matrimonial connection or civil contract of marriage
made between Matthew Shearer and Rebecca his wife, shall be completely annulled,
set aside and dissolved, as fully and effectually as if no such contract had ever here-
tofore been made and entered into between them.

Assented to, 16th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

DIVORCES. 1815. 261

* • AN ACT i (No. 188.)

To divorce Nancy Brown and Solomon Brown her husband, and Samuel Berry

and Nancy Berry his wife.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and by the authority of the same, That from and immediate- Certain per-

. . r \ • i • • i • • • i ,T sons divorced,

ly after the passing or this act, the matrimonial connection existing between Nancy

Brown and Solomon Brown her husband, and Samuel Berry and Nancy Berry his wife,

be henceforth dissolved and set aside as fully, completely and entirely, to all intents

and purposes, as if the same had never been entered into between them.

BENJAMIN WHITAKER,

r Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Assented to, 16th December, 1815.

D. B. MITCHELL, Governor.

AN ACT - (No. 189.)

To divorce Edmund Warren and Anna his wife.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That Edward War-
from and immediately after the passing of this act, the matrimonial connection or civil his wife di-
contract of marriage, made between Edmund Warren and Anna his wife, late Anna vorced'
Black, shall be completely annulled, set aside, and dissolved, as fully and effectually as
if no such contract had ever heretofore been made and entered into between them.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

■
WILLIAM RABUN,

President of the Senate,

Assented to, 16th December, 1815.

D. B. MITCHELL, Governor,

252 DIVORCES. 1816.

(No. 190.) AN ACT ■ "

To divorce and separate Nancy Jones and Thomas Jones her husband.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
Nancy Jones from and immediately after the passing of this act, the matrimonial connection or civil
Jones divorc- contract of marriage, made between the said Nancy Jones and Thomas Jones her hus-
band, both formerly of the county of Wilkes, shall be completely annulled, set aside
and dissolved, as fully and effectually as if no such contract had ever been made or
entered into between them.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 26th November, 1816.

D. B. MITCHELL, Governor.

(No. 191.) AN ACT

To divorce certain persons therein named.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Certain per- That from and after the passing of this act, the civil contracts of matrimony made be-
tween Thomas Rodman and Ann his wife, William Chauvin and Ann his wife, Matthew
Wood and Mourning his wife, James H. Perdue and Catharine his wife, John Battle
and Sarah his wife, Thomas Mills and Sarah his wife, Lucy Cook and James Cook her
husband, Susannah Terry and David Terry her husband, John Douglass and Jane his
wife, Abihu Sewell and Sarah his wife, Polly Martin and Joseph John Martin her hus-
band, Polly Royston and John Royston her husband, Rebecca Brady and John Brady
her husband, Edmund Jeter and Lucy his wife, Walker Hickman and Martha his wife,
Lucy Howard and Martin Howard her husband, Patience Patterson and John D. Pat-

DIVORCES. 1816. 263

terson her husband, Matthew Drake Brizzel and Polly his wife, William Pinder and (No. 191.)
Rebecca Ann his wife, Clevis Andrews and Elizabeth his wife, and Benjamin Head and
Margaret his wife, shall, and are hereby declared to be as completely dissolved and an-
nulled, as if no such contracts had been made and entered into between any of the
aforesaid parties : Provided nevertheless, that nothing herein contained shall authorize, Proviso.
or be so construed as to authorize any or either of the offending persons named in this
act again to intermarry with any other person.

Sect. 2. And be it further enacted by the authority aforesaid. That all the property, Property of

. • the said seve-

real and personal, that was brought into the family of either of the aforesaid female ral women

, . r ,. , . r , . confirmed un-

parties at the time ol marriage, or did accrue m consequence of any such mtermar- t0 them.

riage, not already disposed of, shall, on the passage of this act, revert to and become

the property separately of each and every of the said several women herein contained.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 192.)

To divorce and separate Jeremiah Pittman and Delany Pittman his ivife.

WHEREAS, the ninth section of the third article of the constitution doth authorize Preamble.
divorces on legal principles ; and whereas, the said Jeremiah Pittman and Delany Pitt-
man his wife have had a fair trial in the Superior Court of Chatham county, and a ver-
dict given, authorizing an absolute divorce, in consequence of the improper conduct of
the said Delany Pittman :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and immediately after the passing of this act, the matrimonial connection and Jeremiah Pitt-

. ' man and his

civil contract of matrimony, made between the aforesaid Jeremiah Pittman and Delany wife divorced,

Pittman his wife, shall be completely annulled, set aside and dissolved, as fully and

264

DIVORCES. 1816.

(No. 192.) effectually as if no such contract had been made and entered into between them: Pro-
vided nevertheless, that nothing herein contained shall be so construed as to authorize the
party or parties offending against or violating the marriage vow, to intermarry again
with any other person, during the natural life of the other.

Sect. 2. And be it further enacted by the authority aforesaid, That the said Jeremiah

Shall be
deemed sepa-
rate and dis- Pittman and Delany shall in future be deemed and considered as distinct and separate

persons, altogether unconnected by any mystical union or civil contract whatever, at any

time heretofore made or entered into between them.

Assented to, 18th December, 1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor.

(No. 193.)

AN ACT

To divorce and separate Nancy Thompson (formerly Nancy Clark) and Jesse

Thompson her husband.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

NancyThomp- That from and immediately after the passing of this act, the matrimonial connection or

son and Jesse . . c • nr«i

her husband civil contract of marriage made between Nancy Thompson (formerly Nancy Clark)

and Jesse Thompson her husband, shall be, and is completely annulled, set aside and
dissolved, as fully and effectually as if no such contract had ever been made and en-
tered into between them.

Shall be Sect. 2. And be it further enacted, That the said Nancy Thompson and Jesse Thomp-

rate and dis- son her husband, shall in future be held as separate and distinct persons, altogether
tinct persons.

DIVORCES. !||.

265

unconnected by any mystical union or civil contract whatsoever, at any time heretofore (No. 193.)
made or entered into by or between them.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives*

MATTHEW TALBOT,

President of the ■Senate

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT

(No. 194.)

To divorce and separate Tabitha D. Napier and Thomas JYapier her husband.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That Thomas Na-
trona and immediately after the passing of this act, the matrimonial connection, or civil wife Tabitha
contract of marriage, made between the said Tabitha D. Napier and Thomas Napier her
husband, shall be completely annulled, set aside and dissolved, as fully and effectually
as if no such contract had ever heretofore been made and entered into between the
parties aforesaid : Provided, that nothing contained in this act shall be so construed as to Proviso,
repeal the third section of an act, entitled An act to amend an act to carry into effect the
ninth section of the third article of the constitution. ■■!

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,
Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

M m

266

DIVORCES. 1819.

o*?

(No. 195.)

AN ACT

Abner Glore
and his wife
Nancy di-
vorced.

To divorce and separate Abner Glore and Nancy Glore (formerly Nancy Swin-

ney) his toife,

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
from and after the passing of this act there shall be a divorce between Abner Glore and
Nancy Glore (formerly Nancy Swinney) his wife, according to the laws of this state
regulating divorces.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate*

Assented to, 13th December, 1819.

JOHN CLARK, Governor.

(No. 196.)

AN ACT

To divorce and separate William Whitfield and Jane Whitfield his wife.

William Whit-
field and Jane
his wife
divorced.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
from and immediately after the passing of this act the matrimonial contract entered into
by and between the said William Whitfield and Jane Whitfield his wife, shall be and is
hereby dissolved and set aside, in conformity to the constitution and laws of said state
governing divorces.

DAVID ADAMS,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate
Assented to, 18th December, 1819.

JOHN CLARK, Governor

C 267 ]

ELECTIONS.

1811,

AN ACT

(No. 197.)

To regulate the future elections of members of Congress in this state.

Sect. 1. BE it enacted by the General Assembly of Georgia, That so soon as his excel- The Governor

lency the Governor shall obtain the law of Congress fixing the ratio of representatives announce by

to be elected for the national legislature, agreeably to the late census, it shall be his duty tlienumber'of

to issue his proclamation announcing the number of such representatives this state is congressional

x x representa-

entitled to. tives this state

is entitled to,

Sect. 2. And be it further enacted, That the next annual election for members of the
state legislature, and every two years thereafter till altered by law, the citizens of this
state shall be entitled to elect such a number of representatives to Congress as shall be
announced by the Governor's proclamation, agreeably to the foregoing section,

ROBERT IVERSON,

■ Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 10th December, 1811.

The number
so announced
shall be elect-
ed at the next
election for
members of
the state
legislature.,
&c.

D. B. MITCHELL, Governor.

* See title " Clerks, 8cc." act of 1811, No. 81, providing that sheriffs, clerks, county surveyors and coroners,
shall be elected on the first Monday in January biennially.

M m 2

•

■

268

ELECTIONS. 1813,

(No, 198.)

Constables au-
thorized to
open and at-
tend elections
when a sheriff
cannot be
©btained.

AN ACT
To authorize Constables to open and attend Elections in certain cases.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and by the authority aforesaid, That from and after the passing
of this act it shall be lawful for constables to open and attend all elections which may
be held in this state, in cases where a sheriff cannot be obtained to perform said duties.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate,

Assented to, 3d December, 1813.

PETER EARLY, Governor.

(No. 199.)

lime and
place of hold-
ing elections
in Franklin
county for
state and con-
gressional re-
presentatives.

AN ACT*

To alter so much of an act, entitled Jin act to regulate the general elections in this
state, and appoint the time of the meeting of the General Assembly, so far as the
same requires all general elections to be held at the place of holding the Superior
Courts.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the elections for senator and representatives in the state legislature, and representa-
tives to Congress, so far as relates to the county of Franklin, be on the day prescribed
by the before recited act,~ and may be held at Carnesville, and at each of the battalion
muster-grounds in said county.

See the act following this,

■i iiHiii ^^*±*-.<*-~

ELECTIONS. 1816, 0/:n

269

Sect. 2. And be it further enacted by the authority aforesaid, That the general elec- (No. 199.")
tions as aforesaid, in the county of Jackson, shall be held at the several battalion mus- In Jackson

coin gipc1"i otiq

ter-grounds in said county,* shall be held

at the several
battalion mus-

Sect. 3. And be it further enacted, That all of said elections shall be on the day, and And^the '

opened and conducted in the same manner, as is prescribed by the before recited act day andinthe

• rr ' manner Pre-

and the place of the sheriff or deputy sheriff may be supplied by any lawful 'constable. scribed by the

recited act.

Sect. 4. And be it further enacted, That it shall be the duty of the magistrates, or at Duty of the

least some one of them who superintend each of the elections in each of the counties ^rihtend-

aforesaid, to meet at the court-house on the day thereafter, at or before 12 o'clock in inS s*ld
. J elections,

the morning, with the ballots taken in at the several elections authorized by this act,
sealed up in a box ; and it shall be the duty of said magistrates, when so assembled, or
any three of them, to open said seals and count out and compare said ballots, and certify
to his excellency the Governor the persons so elected, agreeable to the provisions of the
before recited act.

Sect. 5. And be it further enacted, That should any person vote, or attempt to vote, The offence

at more than one of the aforesaid places on the same day, he shall be subject to be in- nfore thai one

dieted for a misdemeanor, and on being convicted thereof, he shall be fined in a sum not place ?n ^

, 7 same day, how

less than one hundred dollars. punished.

Sect. 6. And be it further enacted, That so much of the before recited act, and all other Repealing-
laws repugnant to this act, be, and the same are hereby repealed. ClaUSC"

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816, *

D. B. MITCHELL, Governor, L

* This section repealed by act of 1819, No. 202,

270

ELECTIONS. 1817.

'(No. 200.)

AN ACT

To alter and amend an act, entitled Jin act to alter so much of an act, entitled An
act to regulate the general elections in this state, and appoint the time of the meet-
ing of the General Assembly, so far as the same requires all general elections to
be held at the place of holding the Superior Courts.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Time and That the election* for senator and representatives in the state legislature, and represen-

ing elections tatives to Congress, so far as relates to the county of Jackson, be on the day prescribed

andVe^r^01* ^y the before recited act, and may be held in Jefferson, and at each of the battalion

tatives to the muster-grounds in said county.

state legisla-

ture, and members of congress, in Jackson county.

Duty of the Sect. 2. And be it further enacted by the authority aforesaid, That the justices who

perintending superintend the elections aforesaid shall, and they are hereby authorized, on the day of
sai elections. eiection5 to count out the ballots by them taken in at the several election grounds, and
make a fair statement of the polls, and one or more of the superintenders from each of
the election grounds shall meet in Jefferson, on the day thereafter, and compare and add
the several returns together, and certify to his excellency the Governor the persons so
elected, agreeable to the provisions of the before recited act.

Repealing
clause .

Sect. 3. And be it further enacted, That so much of the before recited act as militates
against this act be, and the same is hereby repealed.

Assented to, 27th November, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

• See act of 1819, No. 202, repealing thie,

inriin iiftifii

*,**,

ELECTIONS. 1817". 271

AN ACT* (No. 201 .)

To regulate the elections of the county of Glynn, to be held at hvo several places
in said county, and to impose a fine on any person ivho shall, on the same day,
vote at more than one of said places.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and after the passing of this act, the elections in the county of Glynn for Elections in

representatives to Congress, members of the legislature, justices of the Inferior Court, shaii be held

sheriff, clerks of courts, commissioners of academies, coroner, and all other county elec- ^nd ^tU"^eV1C '

tions, shall be held on the days set apart for the same, at the two following; places, viz : muste1'-

J r ' b r ground of the

at the town of Brunswick, and at the muster-ground of the twenty-seventh company 27th company
district in said county, and shall be opened and conducted as accords with a law al- county.

ready providing for the same ; and the place of the sheriff, or his deputy, may be sup- The sheriff's

place may be

phed by a constable. supplied by a

constable.

Sect. 2. And be it further enacted, That it shall be the duty of one or more of the Duty of the

... i -i • J t« magistrates

magistrates presiding at each election, to meet at the court-house, on the day succeeding, presiding at

prior to the hour of three o'clock, P. M. with the ballots taken in at the several elec-
tions, enclosed in a sealed box, and it shall be the duty of any three or more of said
magistrates, when so assembled, to count out and compare said ballots, and proceed
to make the disposition already required by law.

Sect. 3. And be it further enacted, That if any person shall vote at more than one The offence of

voting at more
of said places on the same day, he shall forfeit for his misdemeanor the sum of one than one place

hundred dollars, to be recovered by information in any court having jurisdiction of the (W j10w
same. punished.

Sect. 4. Be it further enacted, That two justices and two freeholders, or a ma- Who shall

jority of them, shall superintend said election; the justices, or one of them, shall ad- such elections.

minister the following oath to the two freeholders; I, A. B. do solemnly swear (or Oath of the

superintend-
affirm) that I will superintend said elections, and make a just and true return of the ing freehold-

same, to the best of my knowledge and ability ; so help me God.

Repealed by act of 1819, No. 203

272 ELECTIONS. 1817, 1819.

(No. 201.) Sect. 5. Be it further enacted, That all law or laws militating against the above

Repealing- be anc| tke same are hereby repealed,
clause. 7 .

w . BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 11th December, 1817. >, J

WILLIAM RABUN, Governor.

(No. 202.) AN ACT

To alter and amend an act, entitled An act to alter so much of an act, entitled
An act to regulate the general elections in this state, and to appoint the time of
the meeting of the General Assembly, so far as requires all general elections to
be held at the place of holding the Superior Courts, passed the 18th December.
1816 ; and to repeal An act to alter and amend an act, entitled An act to
alter so much of an act, entitled An act to regulate the general elections in this
state, and appoint the time of tJie meeting of the General Assembly, so far as
the same requires all general elections to be held at the place of holding the Su-
perior Courts, passed 21th November, 1817.

So much of BE it enacted by the -Senate and House of Representatives of the state of Georgia, in

actsTsre General Assembly met, and it is hereby enacted by the authority of the same, That so

quires the ge- mucn 0f the above recited acts as requires the general elections to be held at each of
neral elections

to be held at the battalion muster-grounds in the county of Jackson be, and the same are hereby
each of the

battalion mus- repealed.

ter-grounds

county DAVID ADAMS,

"e e • Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate

Assented to, 29th November, 1819.

JOHN CLARK, Governor

M*tm m

ELECTIONS. 1819. 27g

AN ACT (No. 203.)

To repeal an act to regulate the elections of the county of Glynn, to be held at
two several places in said county, and to impose a fine on any person who shall
on the same day vote at more than one of said places.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the above recited act regulating the elections of the county of Glynn, passed the The recited
eleventh day of December, eighteen hundred and seventeen, be, and the same is hereby
repealed.

Sect. 2. And be it further enacted, That the general law governing the general elec- Elections in
tions for this state is hereby declared to be in full force in said county of Glynn, any regulated by

law to the contrary notwithstanding. J^ ofthe

state.

DAVID ADAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1819,

JOHN CLARK, Governor. '

N n

[ 274 ]

ENGINEER.

AN ACT

To create the office of Topographical and Civil Engineer in and for this state.

Preamble. WHEREAS, the legislature of this state hath frequently, since the revolution, passed

more or fewer laws, and made greater or smaller appropriations, for opening and im-
proving the navigation of our numerous rivers, without producing thereby, in any com-
mensurate degree, good or benefit to the citizens ; for remedy whereof,

Governor to
appoint a civil
and topogra-
phical engi-

His continu-
ance in office.
The legisla-
ture to elect
triennially an
engineer
aforesaid.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the^same,
That immediately after the passing of this act it shall be, and is hereby declared to be,
the duty of the Governor of this state, to proceed to select, appoint and commission
a fit and competent person for topographical and civil engineer of the state of Georgia,
which officer, upon his being so appointed, and on his acceptance of such appointment,
shall forthwith enter upon the discharge of his duties, and shall continue in office until
the tenth day of November, eighteen hundred and twenty; at which time the Senate
and Hous.e of Representatives shall proceed by joint ballot to elect a topographical and
civil engineer of the state of Georgia; and the person elected shall be commissioned by
the Governor, and hold his office for and during the term of three years, but may be
removed therefrom by the Governor, on the address of each branch of the General As-
sembly,

His salary to Sect. 2. And be it further enacted by the authority aforesaid, That the said topo-

!}6 established

fcy law, graphical and civil engineer shall have a competent salary, provided and established by

law, which said salary shall not be increased or diminished during the period for which

he shall have been appointed.

ENGINEER, TOPOGRAPHICAL AND CIVIL. 1819.

275

Sect. 3. And be it further enacted by the authority of the same, That the duties of (No. 204.)
the said topographical and civil engineer shall consist in surveying the rivers of this Dut.ies of sai(1'
state and their important tributary streams ; in exploring the obstructions of the same ;
reporting the best plans for removing them ; suggesting the practicability and utility of
internal improvement ; in directing the application of such appropriations as the legis-
lature may from time to time make for the purpose of internal improvement, and shall
place under his direction ; in rendering an annual report to the General Assembly, at its
meeting in each year, of his transactions in his department ; and in such other duties as
are usually imposed upon such officers, and as may be imposed upon him from time to
time by law.

DAVID ADAMS,

Speaker of the House of Representatives

* MATTHEW TALBOT,

President of the Senate.
Assented to, 22d December, 1819.

JOHN CLARK, Governor

N n '2

[ 276 ]

escheats;

AN ACT

To explain and amend an act, entitled An act to regulate Escheats in this state,
and to appoint escheators, passed the 5th December, 1801.

Preamble. WHEREAS, the term heirs, in the said act contained, has been so construed as to

prevent children, born of the body of the same mother, from being capable of inherit-
ing or transmitting inheritance :

Sect. 1 . BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

The dlegiti- That where any woman shall die intestate, leaving children commonly called illegiti-
mate children J ? o j o

of any woman mate or natural, born out of wedlock, and no children born in lawful wedlock, all such
tate, and with- estate whereof she shall die seised or possessed of, whether real or personal, shall de-
ren born in scend to, and be equally divided among such illegitimate or natural born children, and
lawful wed- their representatives, in the same manner as if they had been born in wedlock; and if

JOCK j SilD.il 1H~

herit her es- any such illegitimate or natural born child shall die intestate, without leaving any child

tate.

The estate of or children, his or her estate, as well real as personal, shall descend to, and be equally

an illegitimate divided among his or her brothers and sisters, born of the body of the same mother,
child, dying ° J

intestate, how and their representatives, in the same manner, and under the same regulations and re-
distributable. . . . "

stnctions, as it they had been born in lawtul wedlock.

ESCHEATS. 1816. 277

Sect. 2. And be it further enacted. That all laws or parts of laws militating against (No. 205.)
this act be, and the same are hereby repealed. clause!"^

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 206.)

Prescribing the oaths to be taken by Juries in certain trials, under the several acts
to regulate escheats ; and to authorize the judges of the Superior Courts to
adopt the necessary forms of process, and other proceedings to carry the said
acts into effect.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That the oath to be taken b}^ a jury upon an inquest The oath of a

n rr. 1 • 1 1 1 • 1 '1 1 • 1 1 • f- JU1T "POIl the

of office, touching escheated property, such as is described in the second section of an trial of es-
act, entitled An act to regulate escheats in this state, and to appoint escheators, passed p^ty^ pro'
the fifth day of December, one thousand eight hundred and one, shall be as follows :
'* You shall true inquest make, touching the escheat of such property as may be given
you in charge, and a true verdict give according to evidence ; so help you God."

Sect. 2. And be it further enacted by the authority aforesaid, That when any pro- Oath of the

perty, returned by the escheator, is claimed by any person or persons, pursuant to the ^"^ of any

third section of the above recited act, and an issue is made up thereon, the oath to be cJaim to Pro°

1 perty, return-

administered to the jury, upon the trial of such issue, shall be as follows : " You shall ed by the es-

cTicfvtorSo
well and truly try the issue of escheat between the state of Georgia and , and a

true verdict give according to evidence; so help you God."

Sect. 3. And be it further enacted, That the judges of the Superior Courts in the se- Judges re-

... cfuired to

veral circuits m this state, are hereby authorized and required to devise and adopt tne adopt the

several forms of process, and other proceedings, which may be necessary and proper to formic,

278 ESCHEATS. 1817.

(No. 206.) carry into effect the above recited act, and all the several acts or parts of acts amenda-

carry into ef- tory or supplementary thereto,
feet the acts J 1 1

xx cited.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives. •

MATTHEW TALBOT,

President of the Senate.

Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

(No. 207.) AN ACT

More effectually to provide for the collection of the funds arising from the sales of
escheated property within this stale, and to apply the same to literary purposes.

Preamble. WHEREAS, the provision heretofore made for the collection of the funds, arising

from the sales of escheated property, has been found inadequate and unproductive :

Sect. 1 . .BE it therefore enacted hy the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Monies arising- That from and immediately after the passing of this act, it shall be the duty of the at-

cheat laws of torney and solicitors general, at the first term of the Superior Court in every year, in

this state to each and every county in this state, by rule or order of the said Superior Court, to re-

by the escheat- qUire the escheators, in the said counties respectively to pay into the hands of the said

ors to the at- n # r . .

torney or so- attorney or solicitors general, for the purposes herein mentioned, all such sum or sums

ral at the first °f money as may be in the hands of the escheators* under the several escheat laws of
term ot t e ^& state; and in case of a default or refusal by any such escheator, the Superior Courts

Courts in each aforesaid shall have power to punish such escheator in the same manner as if such es-
year. \

cheator was a defaulting officer of such court.

The attorney Sect. 2. And be it further enacted by the authority aforesaid, That it shall be
general to t^ie duty of the attorney or solicitors general, immediately upon the receipt of any sum
pay said mo- ^ or sums 0f money, under and by virtue of this act, to pay the same into the treasury of
treasury. this state, where the same shall constitute a fund, to be disposed of and distributed in

the manner herein provided.

ESCHEATS. 1819.

279

Sect. 3. And be it further enacted, That all such sum or sums of money, as may (No. 207.)

arise under the several laws of this state, upon the subject of escheats, shall be distri- Said monies
• . appropriated

buted among the several county academies of this state, which have not received the to the use of

certain county
amount ol one thousand pounds, as contemplated by the act of 1792, making provision academies.

for the county academies, in such proportions as may yet be due.

Sect. 4. And be it further enacted, That all laws and parts of laws militating against Repealing
this act be, and the same are hereby repealed, except so far as relates to the county of
Chatham, where the said funds shall be applied as heretofore.

Assented to, 21st December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate*

JOHN CLARK, Governor.

[ 28° J

ESTRAYS.

AN ACT
To alter and amend the several Estray laws now in force in this state.

Clerks of the Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Inferior _ J \ J r j j

Courts com- Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

vertise estray That from and after the 1st day of March next, it shall be the duty of the clerks of the Infe-

( according- to r*or Courts of this state respectively, within ten days after they, or either of them, may

the descnp- have received from any iustice of the peace (of the county for which he is the clerk")

tion given by J ° .

the justice of before whom any estray horse, mare, colt, gelding, filly, ass, or mule, may have been

fore whom posted in conformity with the" estray law now in force in this state, a description of such

been posted ) estrayed horse, mare, colt, gelding, filly, ass, or mule, to advertise such estray or estrays,

within lo days according to the description thereof, which he may have received as aforesaid, in the

ciiLcr sucii clg-

scription is re- Georgia Journal, Augusta Chronicle, or Savannah Republican, and the proprietors of

CClVCQa

In what pa- said papers shall receive as compensation, for the publication of each astray, the sum of

pers to adver- , n , re*.

£se one dollar and nity cents.

Price of pub-
lication.
Expense of Sect. 2. And be it further enacted, That the said clerks respectively shall be autho-

how defrayed. Ylz-e^ to Pay> out °f tne monies arising from the sales of estrays, the expense incurred

for such advertisement or advertisements, unless it should happen that the owner or

owners of such estray or estrays may prove them or either of them away, previous to

sale ; then, and in that case, it shall be the duty of such clerk to demand and receive of

the owner or owners of such estray or estrays, the full amount of the expenses incurred

for such advertisement or advertisements, previous to the delivery of such estray or

estrays.

ESTRAYS. 1816.

28 i

Sect. 3. And be it further enacted, That the clerks of the Inferior Courts aforesaid (No. 208.)
shall be entitled to the sum of fifty cents, for transmitting the description of said estrays, clerks' fee.
from the owners, if proven away, or from the proceeds of the sale of such estray, if sold.

Sect. 4. And be it further enacted, That in all cases where expenses have been in- Expenses in-
curred, arising under this act by advertising such estray or estrays, it shall be the duty the&ctXow
of the said clerks respectively, to remunerate such expense out of the money arising defrayed-
from the sale of such estrays ; and it shall be the duty of all such clerks to keep a fair clerks to keep
and regular book of entry of all such expenditures, to exhibit to the Inferior Courts of terin°g alTex?"
their counties respectively, upon application. penditures,

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

Assented to, 4th December, 1816.

D. B. MITCHELL, Governor

C 282 ]

EXECUTORS, ADMINISTRATORS, AND

GUARDIANS.

AN ACT*

To alter and amend the twelfth section of an act, entitled An act to protect the
estate of Orphans, and to make permanent provision for the Poor.

Real estates of
any testator or
intestate,
when and in
what manner
it may be sold.

Proviso.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, That it shall and may be lawful for the Inferior Courts in the
several counties in this state to order a sale, which shall be at public auction, and on the
first Tuesday in the month, at the place of public sales in the said county, first giving
sixty days notice thereof in one of the gazettes, and at the door of the court-house in
the county where such application shall be made, of such part or the whole of the real
estate of every testator or intestate, on the application of the executor or executors, or.
executrix, administrator or administrators or administratrix, guardian or guardians,
where it is made fully and plainly to appear that the same will be for the benefit of the
heirs or creditors of such estate : Provided, that a notice of such application for sale be
first made known in one of the gazettes in this state, and at least nine months before
any order absolute shall be made thereupon.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

* See act of 1816, No. 212, amendatory of this act.

EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1812.

283

AN ACT

(No. 210.)

To alter and amend Jin act for the more effectually securing the 'probate of Wills,
limiting the time for executors to qualify, and widows to make their election, and
for other purposes therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the Courts of
Ordinary, upon application made by any administrator, administratrix, guardian or dis-
tributees of any estates, shall appoint three or more freeholders of the county in which
such application shall be made, whose duty it shall be to divide the said estate, subject
to distribution, into as many parts or shares as there are distributees, and assign, by lot
or otherwise, as to them shall seem proper, one of the said parts or shares to each dis-
tributee, or his, her or their guardian or legal representative ; the said distributee,
or his, her or their guardian or legal representative first giving bond and approved
security to the said administrator, to refund his or her proportionable part of any
debt which may be afterwards established against the said estate, and the costs attend-
ing the recovery of such debt : Provided always, the party so applying shall give to all
the parties in interest within the state, written notice thereof twenty days, and those with-
out the state ninety days, before the meeting of the court at which the said application is
made : And provided also, that the persons so making distribution shall be previously
sworn to make the same according to justice and equity, without favour or affection to
any of the parties, to the best of their skill and understanding.

In what man-
ner estates
shall be divi-
ded, upon ap-
plication of
any adminis-
trator, &c. to
the Court of
Ordinary.

Proviso.

Sect. 2. And be it further enacted, That any executors, executrix, administrators, ad-
ministratrix or guardian, whose residence shall be changed from one county to another,
either by the creation of a new county, removal, or otherwise, shall have the privilege of
making the annual returns, required of them by this act, to the Court of Ordinary of the
county in which they reside, by having previously obtained a copy of all the records
concerning the estates for which they are bound as executors, executrix, administrators,
administratrix or guardians, and having had the same recorded in the proper office in
the county in which they then reside, and having given new bond and security, as the
law directs, for the performance of their duty.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Executive Department, Georgia.

Assented to, 10th December, 1812,

Executors,
&c. who have
changed their
residence
from one
county to
another, may
make their
returns to the
Court of Or-
dinary of the
county in
which they
reside.

D. B. MITCHELL, Governor,

Oo2

284

EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1816.

(No. 211.) AN ACT

To authorize the several Courts of Ordinary in this state to appoint their clerics
administrators, de bonis non, in certain cases.

Preamble. WHEREAS, there is no provision by law for the administration of the estates of

deceased intestates, in cases where the administrator or administrators die ; and ad-
ministration de bonis non cannot be granted from the incapacity of the persons applying
to give the security required by law, or when the persons appointed refuse to give such
security; for remedy whereof,

Courts of Or-
dinary in cer-
tain cases may
appoint their
clerks admi-
nistrators de
bonis non.

Duty and
power of
clerks, he. so
appointed.
Proviso.

Sect. 1. BE It enacted by the Senate and House of Representatives of the state of Geor-
gia, iit General Assembly met, and by the authority of the same it is enacted, That when
the administrator, administrators or administratrix of the estate of any intestate, shall
die before he has fully administered upon the estate, and the person or persons whom
the Court of Ordinary shall appoint administrators or administratrix de bonis non upon
such unadministered estate shall refuse to give the security required by law, or when the
applicant or applicants for letters of administration de bonis non upon unadministered
estates, shall be incapable of giving the security required by law, it shall be the duty of
the Courts of Ordinary in the county where any such case shall happen,'by special order
of court, to vest the final administration of such estates in the clerk of the Court of Ordi-
nary of said county, or such other person as the court may appoint ; and such clerk or
other person as aforesaid, when such special order shall have passed, shall immediately
proceed finally to administer on such unadministered estate, as soon as possible, under
the direction of said court; for which purpose the said clerk, or other person as afore-
said, shall have full power and authority to commence and defend suits at law, as the
legal representative of such unadministered estate : Provided, that in all such suits at
law no other evidence shall be required of the said clerks, or other person as aforesaid,
being the legal representative of any such unadministered estate, than an exemplified
copy of the aforesaid special order of the Court of Ordinary.

Executors, Sect. 2. And be it further enacted, That whenever the administration of an estate

ased admi-" snaU be vested in the clerk of the Court of Ordinary, or other person as aforesaid, ac-

mstrator, com- cordinrr to the provisions of this act, the executor, executors, executrix, administrator,
pelledtopay ° r # '■' ' ' ' >

to such admi- administrators, or administratrix, of the deceased administrator, or administrators, shall
nistrator de
bonis non all
monies, and to
deliver all
papers and
property be-
longing' to
such unadmi-
nistered estate, &c

be bound to pay into the clerk's hands, or other person as aforesaid, all monies, and also
to deliver to him all bonds, notes, accounts and other papers,, and all the property be-
longing to such unadministered estate, and fully to account of and concerning the acts of
his, her or their deceased testator or intestate, upon such unadministered estate.

EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1816. 285

Sect. 3. And be it further enacted, Tliat such clerks, or other person as aforesaid, (No. 211.)

when invested with the administration of an estate, according to the provisions of this ^f°2"sa^^"

act shall be allowed such compensation for their services as is allowed to all other exe- nistrator de

bonis non.
cutors and administrators by the laws ol this state.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to, 16th December, 1816.

D. B. MITCHELL, Governor,

AN ACT (No. 212.)

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 16th December, 1811.

WHEREAS, difficulties have arisen from the above recited act; for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

eiaAn General Assembly met. That it shall and may be lawful for the Inferior Courts in When andun-
*■ ■■ . ... der what cir-

the several counties of this state, when sitting for ordinary purposes, to order a sale, cumstances

which shall be at public auction, and on the first Tuesday in the month, at the place of ordinary may-
public sales in the said county, first giving sixty days notice thereof in one of the ga- 9? der.M ale of

zettes, and at the door of the court-house in the county where such application shall be any part of

the real estate
made, of such part or the whole of the real estate of every testator or intestate, on appli- of any testator

cation of the executor, or executors, or executrix, administrator, or administrators, or

administratrix, guardian, or guardians, where it is made fully and plainly appear, that the

same will be for the benefit of the heirs and creditors of such estate : Provided, that a Proviso.

notice of such application for sale be first made known in one of the gazettes in the

state, at least nine months before any order absolute shall be made thereupon.

286

EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1818.

(No. 212.) Sect. 4. And be it further enacted, That all laws or parts of laws militating against

Repealing this act be, and the same are hereby repealed,
clause. N

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

(No. 213.)

AN ACT

For the better management of the persons and estates of idiots, lunatics and per

sons insane.

Courts of Or-
dinary may
appoint guar-
dians for idiots
lunatics, &c.

May remove
them for mis-
conduct.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, That the Inferior Courts of said, state, sitting as Courts of
Ordinary, shall have full power to appoint guardians for the persons and estates of all
idiots, lunatics and persons insane : and it is hereby made the duty of said courts to re-
quire bond and good security from all guardians appointed in pursuance of this act, for
the faithful discharge of their duties ; and said courts are hereby vested with full power
to remove any guardian who shall fail or refuse to manage the person or property of
such idiot, lunatic or person insane, in a proper manner.

Duty of such
guardians.

Sect. 2. And be it further enacted, That all guardians appointed by this act shall be
compelled, within three months after their appointment, to make an inventory of the
estate of their ward, and cause the same to be appraised, as. the law directs in cases of
deceased persons' estates, and return the same on path to said court.

Said court Sect. 3. And be it further enacted, That when it shall appear to said court that a sale

may order a rn r t <• ■ 1 • i« i • " • • r

sale of the °* a" or some part ol the estate ol such idiot, lunatic, or insane person, is necessary lor

Pr°h^d^t°& tneh- support or the payment of debts, it shall be the duty of said <:ourt to order such

when necessa- sales, and to authorize and compel said guardian or guardians to make titles to said

ry for their

support, &c. property.

Wife of an Sect. 4. And be it further enacted, That the wife of such idiot, lunatic or insane

titled to the person, (if he be married,) shall be entitled to the guardianship of her husband's person

EXECUTORS, ADMINISTRATORS, AND GUARDIANS. 1818.

287

and property : Provided, she comply with the requisitions of this act, reserving to said (No. 213.)

r»r,nv+ the right of joining other persons with her in said guardianship, at their discretion, guardianship

of her hus-
band's person and property. Proviso.

court

Sect. 5. And be it further enacted, That all guardians, who may be appointed under
and by virtue of this act, shall be bound to make to said court annual returns of their
actings and doings, with the persons and property of their wards.

Sect. 6. And be it further enacted, That where a married woman under this law
shall receive the guardianship of her husband's person, goods and effects, the bond so
given by her as guardian shall be good and valid in law, to all intents and purposes.

Sect. 7. And be it further enacted, That all laws or parts of laws militating against
this act be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Said guardians
compelled to
make annual
returns to the
court of their
actings and
doings.
Bond of amat'"
ried woman,
made guar-
dian as afore-
said, shall be
valid in law,

Repealing
clause.

Assented to, 19th December, 1818,

WILLIAM RABUN, Governor,

[ 288 ]

EVIDENCE, RECORDS, AND CONVEYANCES.

AN ACT*

To alter and amend the second section of an act, entitled An act to legalize and
make valid certain acts of sheriffs and clerks, and to regulate the admission of
evidence in the several courts of law and equity in this state, so far as relates to
certain papers.

Preamble. WHEREAS serious evils exist in several counties in this state, in consequence of

certain friends or agents writing in, or keeping the clerks' offices for them, and signing
their own names to certain certificates, records and other papers, which papers, by late
decisions of the Superior Courts, cannot be admitted as evidence in said courts : And
whereas, the aforesaid act does not answer the purpose for which it was intended :

All deeds, &c.
enrolled, or
certificates,
and other
writing's made,
given or sign-
ed by certain
agents of cer-
tain clerks
herein men-
tioned, made
admissible in
evidence in
courts of law
and equity.

Sect. 1. BE it enacted by the Senate and House of Representatives, of the state
of Georgia, in General Assembly met, and it is hereby enacted, That all deeds, mortgages,
conveyances, processes and other writings, of whatever nature or kind, enrolled, or cer-
tificates made or given, and signed Edward Adams, for George Taylor, who was the
clerk of the Superior Court of Jackson county, or signed Edward Adams, for William
Penticost, the clerk of the Inferior Court of said county, and James Gray, James Smith,
and William Malone, for John Smith, clerk of the Superior Court, and James Gray and
James Smith, for David Cleveland, clerk of the Inferior Court, and Hansley Paine, for
Frederick Beall, clerk of the Court of Ordinary, all for the county of Franklin, and

John H. Fannin and Varner, Sterling Elder, David Merideth, Reuben Hill,

Joseph Hopkins, William Brown and James Harper, for Bedford Brown, clerk of the

The act which this amends is further amended and explained by act of 1812, No. 218.

EVIDENCE, RECORDS, AND CONVEYANCES. 1*11. 289

Superior Court, and John Smith, for Gabriel Hubert, clerk of the Inferior Court for (No. 214.^
the county of Clark, shall be received, held, deemed, considered, and admitted as evi-
dence in any court of law and equity in this state, in like manner as if the same had
been done and signed by the said George Taylor, or the said William Penticost, John
Smith, David Cleveland, Frederick Beall, Bedford Brown, and Gabriel Hubert, in his
or their own proper persons, any law, usage or custom to the contrary notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 10th December, 1811.

D. B. MITCHELL, Governor.

AN ACT (No, 21*.)

To legalize and make valid two manuscript books of the old records of the Exe-
cutive Department.

Sect. 1. .BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That from and after Twomanu-

the passing of this act, the- two manuscript books, A. and B. in the executive depart- ofdd records

ment, containing the records of said department, from the year one thousand seven °.f th<: execu-

hundred and seventy-seven to the year one thousand seven hundred and eighty-four, ment legaliz-
ed,
inclusive, that have been transcribed m pursuance of a resolution of the tenth day of

December last past, be, and the same are hereby legalized and made valid, and shall

henceforth become a part of the records of said department.

ROBERT IVERSON,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate

Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor

290 EVIDENCE, RECORDS, AND CONVEYANCES. 1811.

(No. 216.) AN ACT

To authorize the Inferior Court of Warren county to transcribe the records of
that coimty into bound books, and to confirm the same in Courts of Record.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Inferior Court Qeorgia-> 'in General Assembly met, That the Inferior Court for the county of Warren,
county autho- Gr a majority of them, be, and they are hereby authorized and empowered to cause to

rized to have m *

the records of be fairly transcribed into bound books, the whole or any part of the records of said

that county
transcribed. county.

Said records S*ect. 2. And be it further enacted, That it shall be the duty of the officers of said

ed to the court, or any person haying charge of any of the records of said county, to deliver

wh^h 11 them up to the court ; and the said court, or a majority of them, are hereby required to

point a fit per- appoint a fit and proper person or persons to transcribe the records aforesaid, and take

son to trans- rr r r _ \

scribe them, bond with good and sufficient security, for the faithful execution of the duties aforesaid,

who shall also take and subscribe an oath to that effect.

• ■ ^

The court ' Sect. 3. And be it further enacted, That after the manuscript copy shall be finished,
two persons to tne Inferior Court shall appoint two fit and proper persons to compare and correct the
compare the manuscript copy ; and when corrected as aforesaid, the copy and original shall be re-
originals, ceived by the aforesaid court, and deposited in the offices to which they' respectively

belong.

The duplicate Sect. 4. And be it further enacted, That the said duplicate records shall be consi-
considered as dered by the officers of court as original records, and shall be received as such in all
original re- Qr any court 0f reCord, nor shall they, or any of them, be barred in evidence by the
courts of record throughout this state, any thing to the contrary notwithstanding.

Expense of Sect. 5. And be it further enacted, That the said court shall be, and they are hereby

*t PQXlSCFlb 1 Y\ 9T

payable out of authorized, to defray the expenses of transcribing the said records, out of the county

funedrity *»*•

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 16th December, 1811. * •

D. B. MITCHELL, Governor,

EVIDENCE, RECORDS, AND CONVEYANCES. 1812,

291

AN ACT

(No. 217.)

To make valid a transcribed copy of the records of the Ordinary Court of Scriven
county, and to confirm the same in Courts of Record.

■ WHEREAS, by an order of the honourable the Ordinary Court of the county afore- Preamble,
. said, the records of said court have been transcribed into bound books :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of a transcribed

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, records oAhe

That the aforesaid transcribed copy be, and they are hereby confirmed as the lawful re- Court of„°r-.

CJ J J dinary of Sen-

cord of said court. - ven county

confirmed.

Sect. 2. And be it further enacted, That the said duplicate records shall be consi- The said du-
dered by the officers of court as original records, and shall be received as such in all corfs'texbe

or any court of record : nor shall they, or any of them, be barred in evidence by the rece.lved aos

J j i j i j originals, &c,

courts of record throughout this state, any thing to the contrary notwithstanding.

Sect. 3. And be it further enacted, That the said court shall be, and they are hereby Said court au«
authorized to defray the expenses of transcribing the said records; out of the county defraytfie^x-

funds. • pensesof

transcribing.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

t President of the Seriate.

Executive Department, Georgia.

Assented to, 9th December, 1812.

D. B, MITCHELL, Governor,

292

EVIDENCE, RECORDS, AND CONVEYANCES. 1812.

(No. 218.)

AN ACT

To amend and explain an act, entitled An act to legalize and make valid certain
acts of Sheriffs and Clerks, and to regidate the admission of evidence in the
several courts of law and equity in this state, so far as relates to certain pa-
pers.

Preamble. WHEREAS, the before recited act does not sufficiently provide for all the cases for

which it was intended ; and whereas, there is of record in this state a number of deeds
of conveyance which are only attested by one witness, and who has subscribed the
same as a justice of the peace, and also a great number which have been proven before
a clerk of the Superior Court, who has subscribed himself as justice ex officio, or as
clerk in his official capacity in the recess of court ; and whereas, doubts have been en-
tertained as to the propriety of admitting such deeds as evidence in the several courts
of law and equity in this state :

Deeds of "con-
veyance at-
tested by one
justice of the
peace, or a
clerk of the
Superior
Court, and
duly record-
ed, shall be
admitted in
evidence.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That
where any deed of conveyance has been attested by one justice of the peace, or a
clerk of the Superior Court, *and recorded in the time prescribed by law, the same shall
be admitted as evidence in any of the courts of law or equity in this state, and as such
submitted to the jury, any law, usage or custom to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor

EVIDENCE, RECORDS, AND CONVEYANCES. 1814.

AN ACT

(No. 219.)

To make valid a transcribed copy of the Records of the Register of Probates of
Columbia county, and to confirm the same in Courts of Record.

WHERErAS, by an order of the honourable the Court of Ordinary of the county Preamble,
aforesaid, they have had the same fairly transcribed into a bound book, and have re-
ceived it as such :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the aforesaid transcribed copy be, and the same is hereby confirmed as the lawful
record of the Court of Ordinary of Columbia county.

. Sect. 2. And be it further enacted, That the said duplicate records shall be consi-
dered by the officers of courts as original records, and shall »be received as such in all
or any court of record, nor shall they or any of them be barred in evidence by the
courts of record throughout this state, any thing to the contrary notwithstanding.

A transcribed
copy of the
records of the
register of
probates of
Columbia
county con-
firmed.

Said duplicate
records to be
received as
original re-
cords.

Sect. 3. And be it further enacted, That the said court shall be, and they are Said Court of
hereby authorized to defray the expenses of transcribing the said records. • defraTthe^ex-

pense of tran-
scribing.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern.

PETER EARLY, Governor,

Assented to, 23d November, 1814.

294

EVIDENCE, RECORDS, AND CONVEYANCES. 1815.

(No. 220.)

AN ACT*

To alter the law of Libel, so far as to allow the defendant to justify and give the
truth in evidence, on indictments for the same.

Preamble. WHEREAS, the existing law relative to indictments for libel hath been found on

experience to be unjust in itself, and in direct hostility to the spirit and genius of our
free institutions :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That in all future indictments for libel, it shall be lawful for the defendant to file a plea
of justification, and to give the truth in evidence under the same, agreeably to the rules
of evidence, and of the proceedings of the courts of law, any law, usage or custom to
the contrary notwithstanding.

- *

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Defendant
may justify
and give the
truth in evi-
dence upon
indictments
for libel.

Assented to, 12th December, 1815.

D. B. MITCHELL, Governor.

* See the Penal Code of 1817, on the same subject.

EVIDENCE, RECORDS, AND CONVEYANCES. 1816. 995

• AN ACT (No, 221.)

To authorize the justices of the Inferior Court of Burke county, to cause the re-
cords of the Court of Ordinary of said county to be fairly transcribed into bound
books, and to legalize the same.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of justices of the

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, f g"0^

That the justices of the Inferior Court for the county of Burke, or a majority of them, c°unty autho-
J * J J nzed to have

be, and they are hereby authorized and empowered to cause to be fairly transcribed the records of

into bound books, the whole or any part of the records of the Court of Ordinary of said Ordinary

transcribed,
county.

Sect. 2. And be it further enacted, That it shall be the duty of the officers of said Said records

court, or any persons having charge of any of the records of said Court of Ordinary, to ed up to said

deliver them to the justices of said court ; and the said justices, or a majority of them, ^Jghall ap-

are hereby required to appoint a fit and proper person to transcribe the records afore- Point some fit

said, and take bond with good and sufficient security for the faithful execution of the transcribe the
duties aforesaid, who shall take and subscribe an oath to that effect.

Sect. 3. And be it further enacted, That after the manuscript copy shall be finished, Said tra11-

r . . scribed copy

the justices aforesaid, or a majority of them, shall appoint two fit and proper persons to to be compar-

compare the said manuscript copy with the originals, and if found correct, be received originals, and

by the justices aforesaid, and deposited in the office of the Court of Ordinary for said fh<f officio?

county. the Court of

Ordinary.

Sect. 4. And be it further enacted, That the said duplicate records shall be consi- Said duplicate

records to be
dered by the officers of court as original records, and shall be received as such in all or considered

any court of record; nor shall they be barred in evidence by the courts of record aboriginals6

throughout this state, any thing to the contrary notwithstanding,

296 EVIDENCE, RECORDS, AND CONVEYANCES. 1816.

(No. 221.) Sect. 5. And be it further enacted, That the said justices shall be, and they are

Expenses of hereby authorized to defray the expenses of transcribing the said records oat of the

transcribing to e

be paid out of county tunds.

the county

funds.

BENJAMIN WHITAKER,

Speaker of the House of Representatives*,

WILLIAM RABUN,

President of the Senate.

Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

(No. 222.) AN ACT

To authorize the Inferior Court of Twiggs county to transcribe the Records of
the Courts of Ordinary of said county into a bound book or books, and to con-
firm the same in Courts of Record.

Inferior Court Sect. 1. BE it enacted by the Senate and House of ' Representatives of the state of

Twiggs Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

rized to have That the Inferior Court of the county of Twiggs, or a majority of them, be, and they are

the records of # ...

the Court of hereby authorized and empowered, to cause to be fairly transcribed into a bound book

said county or books, the whole or any part of the records of the said Court of Ordinary.

transcribed.

S id records Sect. 2. And be it further enacted, That it shall be the duty of the officers of said

to be deliver- Court of Ordinary, or any person having charge of any of the records of said Court of

said Ordinary, and the said Inferior Court, or a majority of them, are hereby required to

Appoint a fit appoint a fit and proper person to transcribe the records aforesaid ; and take bond with

person to good and sufficient security, for the faithful execution of the duties aforesaid ; who

transcribe the ° J

same. shall also take and subscribe an oath to that effect.

The copy to Sect. 3. And be it further enacted, That after the manuscript copy shall be finished,

wit^the^ori- tne sa^ Inferior Court shall appoint two fit and proper persons~to compare and correct
ginals, &c. tne said manuscript copy ; and when corrected as aforesaid, the copy and original shall

be received by the said Inferior Court, and deposited in the office of the clerk of the

Court of Ordinary.

EVIDENCE, RECORDS, AND CONVEYANCES. 1817.

297

Sect. 4. And be it further enacted, That the said duplicate records shall be consider-
ed by the officers of the said Court of Ordinary as original records, and shall be re-
ceived as such in all or any court of record; nor shall they, or any of them, be barred in
evidence by the courts of record throughout this state ; any thing to the contrary not-
withstanding.

(No. 222.)

Said duplicate
records to be
considered
and received
as originals:

Sect. 5. And be it further enacted, That the said Inferior Court are hereby authoriz-
ed to pay, out of the funds of said county, a reasonable sum for the transcribing, and
other expenses of the said records. ,

Expenses of
transcribing',
&c. payable
out of the
county funds.

Assented to, 18th December, 1817.

BENJAMIN WILLIAMS,
Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor,

AN ACT

(No. 223.)

To authorize the Inferior Court of Lincoln county to transcribe the Records of the
Superior and Inferior Courts, and Court of Ordinary of said county, into new
and well bound books, and make the same the records of said courts.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and after
the passing of this act, the inferior Court of Lincoln county are authorized and em-
powered to have such of the records of the Superior and Inferior Courts, and Court of
Ordinary of said county, that is not in well bound books, to be fairly transcribed into
new and well bound books, and have the same in alphabetical order.

Sect. 2. And be it further enacted, That the said Inferior Court are authorized and
empowered to take such steps as will ensure a speedy and correct transcript of the re-
cords aforesaid.

Inferior Court
of Lincoln
county autho-
rized to have
the records of
the Superior,
Inferior and
Ordinary
Courts of said
county trans-
cribed into
new books.

Authorized to
take the ne-
cessary steps.

Sect. 3. And be it further enacted, That so soon as the said Inferior Court shall be Two persons

' r i -i -i • t0 be appoint-

mtormed that the manuscript copies of said records shall be finished, the said Inferior ed to examine

Q q

298

EVIDENCE, RECORDS, AND CONVEYANCES. 1818.

and correct
the said tran
scripts.

(No. 223.) Court shall appoint two fit and proper persons to examine and correct the said manu-
script copies ; and when corrected, they are required to make report, to the Inferior
Court, of such manuscript copies, which report shall be entered on the minutes of said
Inferior Court, and the books therein referred to shall be deposited in the offices of the
clerks aforesaid ; which duplicate records shall be considered by the said officers of said
courts as original records, and received in evidence as such, in all courts, in the same
manner as if the same had not been transcribed.

The duplicate
records to be
considered as
originals, and
received in
evidence as
such.

Expenses of
transcribing,
&c. payable
out of the
county funds.

Sect. 4. And be it further enacted, That the said Inferior Court are hereby autho-
rized to pay, out of the county funds, a reasonable sum for the transcribing said re-
cords, and provide at all times, out of the county funds, for all necessary expenses, for
stationary and books for recording, for the use of the said Superior and Inferior Courts.

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

'Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

(No. 224.)

AN ACT

To authorize the Inferior Court of Wilkinson county to transcribe the Records of
that county, in bound books, and to confirm the same in Courts of Record.

.Justices of the Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

of Wilkinson Georgia, in General Assembly met, and by the authority of the same, That the justices of

county to have the Inferior Court for the county of Wilkinson, or a majority of them, be, and thev

the records of * ° J 7 ' •>

said county are hereby authorized and empowered to cause to be fairly transcribed into bound

transcribed ,111 r r

into bound books, the whole or any part of the records of said county.

books.

Said records Sect. 2. And be it further enacted, That it shall be the duty of the officers of said

to be deliver- „ '. ■ ■

ed to said court, or any person having charge of any 01 the records of said county, to deliver them

' ' up to the court; and the said court, or a majority of them, are hereby required to ap-
point a fit per- point a fit and proper person or, persons to transcribe the records aforesaid, and take

EVIDENCE, RECORDS, AND CONVEYANCES. 1819. ^99

bond with good and sufficient security, for the faithful execution of the duties aforesaid, (No. 224.)

who shall also take and subscribe an oath to that effect. tofransSoT*

the same.

Sect. 3. And be it further enacted, That after the manuscript copy shall be finish- Tne manu-
script copy to
ed, the Inferior Court shall appoint two fit and proper persons to compare and correct be compared
, . ,, , r-ii ., ... . „, and corrected

the manuscript copy ; and when corrected as aforesaid, the copy and original shall be with the ori-

received by the aforesaid court, and deposited in the offices to which they respectively Sinals°

belong.

Sect. 4. And be it further enacted, That the said duplicate records shall be consider-
ed by the officers of court as original records, and shall be received as such in all or
any court of record ; nor shall they, or any of them, be barred in evidence by the courts *
of record throughout this state, any law to the contrary notwithstanding.

Sect. 5. And be it further enacted, That the said court shall be, and they are hereby
authorized, to defray the expenses of transcribing the said records out of the county
funds.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 30th November, 1819.

JOHN CLARK, Governor.

AN ACT (No. 225.}

To provide for the taking and recording of the evidence given in on all trials for
capital offences, and also in all other cases where the party convicted may be
sentenced to confinement in the Penitentiary for one or more years.

Superior

perior Courts, presiding in any of the cases aforesaid, to take or cause to be taken down Courts totak<5

. Qq 2

300

EVIDENCE, RECORDS, AND CONVEYANCES. 1819.

(No. 225.) in writing, a memorandum of the testimony of all witnesses who may testify in said cases,

a memoran- which said memorandum taken as aforesaid, in the event of conviction and sentence of
dum of the

evidence in the party charged, shall be approved by the court and ordered to be recorded.
certain crimi-
nal cases, which shall be recorded in the event of conviction and sentence.

A certified Sect. 2. And be it further enacted, That in all cases of application for pardon or re-

evidence shall prieve, a certified copy of such evidence shall accompany such application.
accompany

applications • „. . TTTT^ A ._ . ■.-.„

for pardon or DAVID ADAMS,

reprieve. Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor.

Assented to, 9th December, 1819.

(No. 226.)

AN ACT

To regulate the admission of evidence in certain cases, in the several courts of law
and equity in this state, and to provide for the recording of conveyances of per-
sonal property.

All laws and
resolutions
published by
authority
deemed pub-
lic.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That all laws and resolutions, as published by authority, shall be held, deemed and con-
sidered public laws and resolutions, and the several courts of law and equity of this state
shall take notice thereof as such, any law, usage or custom to the contrary notwith-
standing.

Copies of do-
cuments, &c.
certified by
the proper
officer made
admissible in
evidence.

Proviso.

Sect. 2. And be it further enacted by the authority aforesaid, That the certificate
or attestation of any public officer, either of the state or any county thereof, shall give
sufficient validity or authenticity to any copy or transcript of any record, document or
paper of file in the respective offices under their control, management, or to which they
may be lawfully attached, to admit the same as evidence before any court of law or
equity of this state : Provided nevertheless, that nothing herein contained shall be so
construed as to prevent any of the judges of the Superior or Inferior Courts to require
the original, or that it be accounted for.

^EVIDENCE, RECORDS, AND CONVEYANCES. 1819,

301

Sect. 3. And be it further enacted by the authority aforesaid, That all conveyances (No. 226.)

of personal property duly executed, and bearing date after the passage of this act, may be conveyances

recorded, and shall be admitted as evidence under the same rules and regulations as property may

be recordeds
govern in cases of real property. &c.

Assented to, 21st December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor.

«r

C 302 ]

FACTORY, WOOLLEN.

AN ACT

To authorize the commissioners therein named to establish a lottery for the purpose
of raising the sum of seven thousand dollars, the better to enable Henry Heald,
Jacob Gregg and Robert Pearman to erect a woollen factory at some convenient
place in the upper part of this state.

Sect. 1, BE it enacted by the Senate and House of Representatives of the state of
A lottery au- Georgia, in General Assembly met, That it shall and may be lawful for the commissioners
the purpose of herein after named to establish a lottery, within two years from and after the passing of
erecting a ^{q act, to raise the sum of seven thousand dollars, under such scheme %nd regulations
tory- as they, or a majority of them, may deem necessary and proper to carry into effect the

above recited object.

A bond to be Sect. 2. And be it further enacted, That the said Henry Heald, Jacob Gregg and

tioned that the Robert Pearman, or the survivors of them, shall, before they are entitled to receive the

"hTl6 b rai amount of money so raised, agreeable to the provisions of this act, enter into a bond

plied to the with three or more good securities, made payable to his excellency the Governor for the

aforesaid. time being, and his successors in office, in the penal sum of fourteen thousand dollars,

to be void on condition that if the money so raised as aforesaid, shall be applied and

Proviso. appropriated to the special purpose as contemplated by this act : Provided, that the said

Henry, Jacob and Robert shall give bond with good and sufficient securities, in the sum

of fifty thousand dollars, to his excellency the Governor, faithfully to discharge their

duties ; and also, to account with the fortunate drawers in the said lottery for the sum

or sums which shall be drawn ; and in case the said lottery shall not be drawn, to return

the sum or sums advanced for tickets in said lottery.

FACTORY, WOOLLEN. 1814.

303

Sect. 3. And be it further enacted. That Moses Speer, Anderson Dabney, Thomas S. (No. 227.)
>nner, Tandy W. Key, and Benson Henry, or a majority of them, be
hereby appointed commissioners to carry into effect the aforesaid lottery.

Bonner, Tandy W. Key, and Benson Henry, or a majority of them, be, and they are Commission-

61 S 01 Said

lottery nomi-
nated.

Assented to, 23d November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

-t 7

President of the Senate.
PETER EARLY, Governor.

[ 304 ]

FERRIES.

1811. •

(No. 228.) AN ACT

To repeal an act, entitled An act to authorize Henry Joice to erect a ferry across
the Oconee river, at or near his landing.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assembly

The recited met, and by the authority of the same, That from and after the passing of this act, the law
actrepealed. ,. . *■ '•■ '. ■', ..

passed at the last session of the legislature, on the 13th December, 1810, appointing

James Alston, Abraham Jones, Edward Blackshear, Hugh McDonald, and Joseph
Burch, commissioners to lay off a road for the establishment of a ferry at or near Henry
Joice's landing, be, and the same is hereby repealed, any law or parts of laws to the con-
trary notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

FERRIES. 1812. 305

AN ACT (No. 229.)

To establish and make permanent the ferry on Savannah river, in the county of
Elbert, known by the name of Mc Donald's Ferry.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the ferry on Savannah river in the county of Elbert, on the land whereon Hugh Hugh MeDon-

. , aid's ferry on

McDonald now lives, adjoining lands of Moses Haynes, senior, called and known by Savannah ri-

the name of McDonald's ferry, be, and the same is hereby made and declared a public public ferry

ferry, and the said Hugh McDonald, his heirs or legal representatives, are authorized

to ask and receive from all persons crossing at said ferry, the same rate of toll (or fer- Ferriage

riage) that is by law authorized to be received at public ferries on said Savannah river-

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Executive Department, Georgia.

Assented to, 5th December, 1812.

D. B. MITCHELL, Governor.

AN ACT (No. 230.)

To authorize John Jeter to establish a ferry across the Oconee river, the landings
of said ferry on the premises of said John Jeter.

S^ict. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That John Jeter, John Jeter
his heirs and assigns, shall have a right to keep a ferry on the Oconee river, at or near estabiish a
the place, where his flat at present crosses said river, on his own land, on a road lead- ferry on the

R r

306

FERRIES. 1813.

(No. 230.)
Oconee river.
Rates of fer-
riage.

ing from Hancock county to Putnam county, liable to the same toll and regulations as
other ferries in said counties j any law, usage or custom to the contrary notwithstand-
ing.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of -the Senate.

Assented to, 2d December, 1813.

PETER EARLY, Governor.

(No. 231.)

AN ACT

Supplemental to an act, entitled Jin act securing to Joseph Hill, his heirs and
assigns, the exclusive right of erecting three toll bridges across Savannah river
and its branches, and raising causeways across Hutchinson's island, and other
islands in the said river.

Joseph Hill
authorized to
establish a
ferry from the
city of Savan-
nah to Proc-
tor's Point in
South Caroli-

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the said Joseph Hill, his heirs and assigns, shall be authorized to establish a ferry
from the city of Savannah to Proctor's point, so called, in South Carolina, and that he
or they shall be entitled to demand and receive for the conveyance of passengers, and
all others crossing said ferry, the same toll as is authorized in and* by the aforesaid re-
cited act, to which this is a supplement.

Continuation
of this act.

Proviso.

Sect. 2. And be it' further enacted, That this act shall continue in force until the
said Joseph Hill, his heirs and assigns, shall have built and completed the bridges and
causeways mentioned in the before recited act : Provided, that said bridges and cause-
ways are built and completed in the period therein mentioned.

Assented to, 6th December, 1813.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

PETER EARLY, Governor,

FERRIES. 1813. 307

AN ACT (No. 232.)

To authorize Ezekiel Dubose to erect a ferry across Savannah river, at his plan-
tation in the county of Lincoln.

WHEREAS, it would be of general good to the community that a ferry should be Preamble
established at the plantation of the said Ezekiel Dubose t

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and by the authority of the same, That the Ezekiel Du-

aforesaid Ezekiel Dubose, his heirs and assigns, are hereby authorized and empowered, ecjto establish

so far as the legislature of the state of Georgia can invest him or them, to erect a ferry LJ^ rive/

across Savannah river at his plantation, and be entitled to demand and receive the fol- a5 his planta-
tion in Lm-
lowing rates of ferriage or toll, to wit: For a loaded waggon, team and driver, seventy- coin county.

five cents ; for an empty waggon, team and driver, fifty cents ; for a four wheel plea- T°U rates,
sure carriage, fifty cents ; for a two wheel pleasure carriage, twenty-five cents ; for a
loaded cart, team and driver, twenty-five cents ; for an empty cart, team and driver,
eighteen ana* three-fourth cents ; for every rolling hogshead, team and driver, twenty-
five cents ; for a horse and rider, twelve and a half cents ; for every led horse, ass or
mule, six and a quarter cents ; for each head of cattle, two cents ; for each head of hogs,
sheep or goats, one cent; and for each foot passenger, six and a quarter cents.

Sect. 2. And be it further enacted by the authority aforesaid, That this act shall Continuation
continue and be in full force and effect for the term of seven years from and after the
first day of January, eighteen hundred and fourteen, any law to the contrary notwith-
standing : Provided, the same does not interfere with the established rights of any other Proviso,
ferry.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.-
Assented to, 6th December, 1813.

PETER EARLY, Governor

Rr 2

308

FERRIES. 1814,

(No. 233.)

AN ACT

Authorizing Captain Thomas H. Miller, of Camden county, to establish a ferry
across North river, and to throw up a causeway through the adjoining marsh,

V <

Preamble. WHEREAS, it is of great importance to shorten the distance of communication be-

tween the fortifications at Point Petre and the city of St. Mary's :

Sect. 1. Therefore be it enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the samey

Captain Miller That captain Thomas H. Miller be, and he is hereby authorized to establish a ferry

authorized to ... .

establish a across North river, opposite to his house, and he is also authorized to throw up a cause-

North^irer. wav from the said ferry, through the marsh to the high land on each side of the said

river.

Ferriage.

Sect. 2. And be it further enacted by the authority aforesaid, That to remunerate the
said captain Thomas H. Miller for making the aforesaid causeway, and keeping the
ferry, he is hereby authorized to demand and receive the following toll : For every foot
man, twelve and a half cents ; for every man and horse, twenty-five cents.

Assented to, 22d November, 1814,

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

JARED IRW'IN,

President of the Senate, pro tern.

PETER EARLY, Governor.

FERRIES. 1815. 3Q9

AN ACT (No. 234.)

To secure to Ransom Carson, a citizen of Wayne county, the right and privilege
of establishing a ferry across the river Satilla in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That the right and The right of

privilege of establishing a ferry across Great Satilla river, at the place formerly called ferry acr0Ss

Carson's Ferry, be, and the same is hereby confirmed unto Ransom Carson, his heirs J^f c^^.

and assigns : Provided, the said Ransom Carson shall own the lands on each side of the ed to Ransom

° Carson,

river, for the term of seven years, commencing the first day of January, one thousand proviso.

eight hundred and sixteen: And provided also, the said Ransom Carson shall, within Proviso,
three months, have a sufficient flat or ferr^-boat, for the passage of travellers, with wag-
gons and carriages, across the said river.

Sect. 2. And be it further enacted, That the said Ransom Carson, his heirs and as-
signs, shall and may demand and receive the several sums herein after specified, at the
place aforesaid, that is to say : For every foot passenger, six and a quarter cents ; for Ferriage.
each man and horse, twelve and a half cents ; for each single led horse, six and a quarter
cents ; for each two wheel carriage, thirty-seven and a half cents ; for each four wheel
carriage, seVenty-five cents j for neat cattle, per head, three cents j for goats, sheep, or

hogs, two cents.

,:■''"•. f "

Sect. 3. Be it further enacted, That when there is a fresh in said river, which will Ferriage in

. . . . case of freshes,

occasion long ferriage, that the said Ransom Carson, his heirs or assigns, shall demand

and receive, the following rates herein after specified, that is to say: For every foot pas-
senger, twelve and a half cents ; for every man and horse, twenty-five cents ; for every
led horse, eighteen and three-fourth cents ; for every two wheel carriage, sixty-two and
a half cents ; for every four wheel carriage, one dollar.

Sect. 4. And be it further enacted, That when the above mentioned river shall be so When the ri-
low at the above mentioned place that passengers can ford the same, that the above no rates to be
rates shall not be" demanded. demanded.

Sect. 5. And be it further enacted, That it shall not be lawful for any person or per- Penalty for

obstructing

sons, m any way, to obstruct the ford at which the said ferry is intended to be establish- the ford.

310 FERRIES. 1815, 1816.

(No. 234.) ed, under the penalty of one hundred dollars, to be recovered before any court having
competent jurisdiction thereof, one half to the complainant, and the other half for county
purposes.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate -
Assented to, 8th December, 1815.

D. B. MITCHELL, Governor,

(No. 235.) . AN ACT •

For establishing a rate of ferriage over the Great Satilla river, at the old Town

Bluff, in Camden county.

Sect..1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and after the passage of this act, the following rates of ferriage be, and the

Rates offer- same are hereby established, to wit: For a loaded waggon and four horses, one dollar;

Great Satilla, for an empty waggon and four horses, seventy-fiv.e cents ; for all four wheel plefasure

Town Bluff in cari"iagesi one dollar ; for a two wheel pleasure carriage, fifty cents ; for a horse and

Camden coun- cart, thirty-seven and a half cents ; for a man and horse, twelve and a half cents ; for a
y* # -

led horse, six and a quarter cents ; for a foot passenger, six and a quarter cents ; for

each head of cattle, three cents ; for each head of hogs, sheep, or goats, two cents.

BENJAMIN WHITAKER,

_ Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

Assented to, 12th December, 1816.

D. B. MITCHELL, Governor,

FERRIES. 1816. 311

AN ACT (No. 236.)

To authorize Armstead Burt, and the legal representatives of Samuel Scott,
deceased, to keep a Ferry on Savcmnah river.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Armstead

. _ Burt, and the

Georgia, in General Assembly met, and it is hereby enacted by the authority oj the same, iegal repre-

That from and immediately after the passing of this act, that Armstead Burt, and the c*muei gcott

legal representatives of Samuel Scott, shall have the right and privilege of keeping a ^ c^as<%di au"

ferry on the Savannah river, at or near the place called and known by the name of keep a ferry

on Savannah
Scott's ferry, for the term ©f ten years. river.

Sect. 2. And be it further enacted, That it shall not be lawful for the said Armstead Said Burt, &c.
Burt, or the legal representatives of Samuel Scott, deceased, to have the right and pri- and security
vilege of keeping a ferry as aforesaid, or receiving any toll or ferriage as contained in c0Urt of Co-°r

this act, until the aforesaid Armstead Burt, or the legal representatives of Samuel Scott, himbiacounty,
7 • x conditioned to

shall have given a bond, with two good and sufficient securities, to the justices of the keep a good

fiat, &c.
Inferior Court of Columbia county, in the sum of one thousand dollars, conditioned to

keep a good and sufficient flat for the conveyance of all common carriages, people and

stock, witb due attendance to manage said flat for and during tne term aforesaid.

Sect. 3. And be it further enacted by the authority of the same, That the said Arm-
stead Burt, and the legal representatives of Samuel Scott, deceased, shall be, and they
are hereby authorized to receive the following rates of ferriage, to wit : For a waggon Ferriage,
and team, one dollar ; for a cart and team, thirty-seven and a half cents ; for a four
wheel pleasure carriage, one (dollar ; for a two wheel pleasure carriage, fifty cents ; for
a man and horse, twelve, and a half cents ; for each led or drove horse, six and a quar-
ter cents ; for ea#h head of cattle three cents ; for each head of sheep, hogs,' or goats,
one cent.

Sect. 4. And be it further enacted, That all laws or parts of laws that militate against Repealing
this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,
Assented to, 19th December, 1816.

D, B. MITCHELL, Governor,

312

FERRIES. 1817

(No. 237.)

AN ACT

Zach.Bowman
authorized to
establish a
public ferry-
on Savannah
river, in El-
bert county.

Daniel .Tuck-
er, sen'r. also
authorized to
establish one.

To establish certain ferries therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and
after the passing of this act, Zachariah Bowman be, and he is hereby authorized to esta-
blish a public ferry on Savannah river, at his own landing in Elbert county, just above
the mouth of Coldwater creek, and that Daniel Tucker, senior, be, and he is hereby
authorized to establish and keep a public ferry on said river, in said county, from his
own land to the land of John Speer, on the opposite shore ; and that the said ferries be
under the same rules and regulations, and receive the same rates for ferriage, that other
ferries do that have been heretofore established on said Savannah river above Augusta.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 18th December, 1817.

WILLIAM RABUN, Governor.

(No. 238.)

AN ACT

To authorize JVathaniel Bostick to establish a ferry across Ogechee river, on his

own land.

Nathaniel
Bostick au-
thorized to
establish a
ferry across
Ogechee
river.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in general assembly met, That from and immediately after the passing of this act,
Nathaniel Bostick be, and he is hereby authorized to establish a ferry across Great
Ogechee river, on his own land, at or near the upper end of Fletcher's island in said
river.

Ferriage.

Sect. 2. And be it further enacted, That the said Nathaniel Bostick shall be entitled
to receive of and from all person or persons crossing thereat, the following sums for
crossing at said ferry, to wit : For every four wheel pleasure carriage fifty cents ; for

FERRIES. 1817. 313

every waggon fifty cents ; for every two wheel pleasure carriage thirty-seven and a half (No. 238.)
cents ; for every cart twenty-five cents ; for man and horse twelve and a half cents ; for
every footman six and a quarter cents ; for every led or drove horse, cow, hog, sheep or
goat, two and a half cents.

Sect. 3. And be it further enacted, That before the said Nathaniel Bostick shall be SaidBostick

to give bond
permitted or entitled to receive any thing for ferriage across said river, he shall give a and security

bond, with two good and sufficient freehold securities, of the county of Jefferson, to the court of Jef-

Inferior Court of said county, in the sum of five hundred dollars, to make good all losses [o^^ke0" ooci

which may happen to property in crossing at said ferry ; which bond shall be filed in the a11 losses that

clerk's office of the Inferior Court of said county of Jefferson, ,and may be sued on for property in

the use and benefit of any person that may sustain any injury by the negligence of the ferry.

said Bostick, and a copy of the said bond, certified by the clerk of the said Inferior

Court, shall be good evidence, on the trial of any cause against said Bostick on said

bond.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate

Assented to, 18th December, 1817.

WILLIAM RABUN, Governor,

AN ACT (No> 239)

To establish certain Ferries at the confluence of Broad and Savannah rivers, for
certain purposes and persons therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That a public ferry be established at the confluence of the Broad and Savannah rivers, Benton Wal-

ton vfistcd

upon the land of Benton Walton; and the right of the ferry from thence across Broad with a right of

river to the point between the two rivers, and also from Iris landing in Lincoln county coi^nce^of

to the Carolina side, be, and the same is hereby vested in the said Benton Walton, his ^road a"d

heirs, executors, administrators or assigns, for and during the term of thirty years from rivers,
the passing of this act,

S s

314

FERRIES. 1818.

(No, 239.) Sect. 2. And be it farther enacted by the authority aforesaid, That a public ferry, from
the point in Elbert county between Broad and Savannah rivers, across both streams to
Benton Walton's land, on the one stream, and from the point to Carolina side, on Sa-
vannah river, be, and the same is hereby established upon the land and for the use of
John Oliver, a minor, for and during the terms of thirty years : Provided, nothing here-
in contained shall be so construed as to affect the right and privileges now observed at
the same ferries ; and the right of public ferries on the lands of both persons herein
mentioned shall be, to all intents and purposes, considered as distinct and separate esta-
blishments.

A ferry at the
confluence of
Broad and Sa-
vannah rivers
established for
the use of
John Oliver,
a minor.

Proviso.

Ferriage, &c. Sect. 3. And be it further enacted, That each of those rights of public ferries shall
be under the same rules and regulations that other ferries are upon the same rivers, and
under the same rates for ferriage as have been heretofore received at the said ferries.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

No. 240.)

AN ACT*

To continue in force for the term often years an act, entitled An act for establish-
ing a ferry over the river Mtamaha, at Fort Barrington.

An act esta-
blishing a
ferry at Fort
Harrington
continued in
force for ten
vears.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That an act passed on the twenty-second of December, eighteen hundred and eight, en-
titled An act to establish a ferry over the river Altamaha, at Fort Barrington, be, and the
same is hereby continued in force until the first day of January, eighteen hundred and
twenty-eight.

See act of 1819, No. 242, amendatory of the one which this continues.

*.* flB

FERRIES. 1818, 1819.

315

Sect. 2. And be it further enacted, That all laws and parts of laws militating against (No. 240.)
this act be, and the same are repealed.

Repealing
clause.

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

AN ACT

(No. 241.)

To establish a certain Ferry herein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and immediately after the passing of this act, that the right of a public ferry, The right of a

iiirtrT ferry across

generally known by the name of Barksdale Ferry, now upon the land ol Henry Jones, savannah ri-

of Lincoln county, and from thence across Savannah river, to his land in Carolina, be, Bar\.scjaie

and the same is hereby vested in the said Henry Jones, his heirs, executors, administra- Fe"7» vest^

tors or assigns, for and during the term of thirty years from the passing of this act. Jones,

Sect. 2. And be it further enacted, That this right of public ferry shall be under Ferriage, &c
the same rules and regulations that other ferries are upon the same river, and receive
the same rates for ferriage as have been heretofore received at said ferry.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Assented to, 23d November, 1819.

JOHN CLARK, Governor.

S s2

316

FERRIES. 1819.

(No. 242.)

AN ACT

To amend An act to establish a Ferry over the river Mtamaha at Fort Barrington.

Ferriage at
Fort Barring-
ton.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the first day of January next, the proprietors of the said ferry shall
receive for short ferriage, for a man and horse, eighteen and three quarter cents j for
swimming cattle, four cents per head.

Repealing Sect. 2. And be it further enacted, That so much of the before recited act, and all

clause. ...

other acts, so far as they militate against this act, be, and the same are hereby repealed-

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 9th December, 1819.

JOHN CLARK, Governor.

;No. 243.)

AN ACT

To establish a Ferry across the Mtamaha river, at the place commmily called
Linders Ferry, and to establish the rates thereof.

A right of
ferrv esta-
blished in the
proprietors of
the land on
each side of
the river Al-
tamaha, at the
place called
lender's ferry.
Ferriage.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the samey
That from and immediately after the passing of this act, the ferry across the Altamaha
river, at the place commonly called Linder's Ferry, be, and the same is hereby establish-
ed, for the term of six years, in the proprietors of the land on each side of the river ;
and the following rates for conveyance shall be received, and no more, by those that
keep said ferry: For a loaded waggon and four horses, one dollar; for an empty waggon
and four horses, seventy-five cents ; for all other four wheel carriages, seventy-five
cents ; for a cart and one horse, thirty-seven and a half cents ; for other two wheel car-
riages, fifty cents ; for a man and horse, twelve and a half cents ; for each led horse>
the same ; for foot passengers, six and a quarter cents ; for each head of hogs, sheep or
goats, two cents.

FERRIES. 1819.

317

Sect. 2. And be it further enacted by the authority aforesaid, That when the river (No. 243.)
shall be so high as to compel the person or persons keeping said ferry to go long ferry, Ferriage,
they shall receive the following rates, to wit : For a loaded waggon and four horses, four veris high
dollars ; for an empty waggon and four horses, three dollars ; and for all other four
wheel carriages, three dollars ; for a cart and one horse, one dollar and fifty cents ; for
all other two wheel carriages, two dollars ; for man and horse, one dollar ; for led horses,
twenty-five cents each ; and for every foot person, twenty-five cents.

DAVID ADAMS,
Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

Assented to, 21st December, 1819.

JOHN CLARK, Governor.

AN ACT

To establish a Ferry across the Oconee river, at the place known as Trammel's

Ferry, in Laurens county.

(No. 244.)

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, a public ferry be, and is hereby established
across the Oconee river, at the place formerly known as Trammel's Ferry, in the county
of Laurens, to continue for and during the term of ten years ; and that the rates now
allowed at said ferry be and remain, until altered by the Inferior Court of said county.

Sect. 2. And be it further enacted, That the legal representative of Jared Trammel,
deceased, is hereby entitled to all the proceeds and benefits arising from the use of the
ferry, landing on the north-west side of said river, for the use and benefit of the heirs
of said Trammel, deceased ; and that James Beaty, esquire, of Laurens county, or his
legal representatives, be, and they are hereby entitled to all the proceeds and benefits
arising from the use of the said ferry landing, on the south-west side of said river:
Provided, the representative of said Trammel, and the said James Beaty, esquire, shall
each give bond to the Inferior Court of said county of Laurens, in terms of the law, to
keep a sufficient flat, with good attendance.

A ferry esta-
blished across
the Oconee at
a place for-
merly called
Trammel's
Ferry.

Proceeds of
said ferry vest'
ed in the re-
presentative
of Jared Tram-
mel, cleceased3
and in James
Beaty, Esq.

Proviso,

318

FERRIES. 1819.

(No. 244.) Sect. 3. And be it further enacted, That in case either the said James Beaty, or the

Proprietors representative of the said Trammel, or the person or persons employed by them, or

for riot duly at- either of them, shall at any time neglect to give prompt and due attention to said ferry,

tending- to said • t.' ". . . .

ferry. the proprietor thus offending, shall be liable to suit on his bond, and the recovery or

adequate damag'es by the person injured ; and the other proprietor, or person acting for

him, be at liberty to convey the person or persons thus delayed, and receive the ferriage

due therefor, any thing in this act to the contrary notwithstanding.

Provision in Sect. 4. And be it further enacted, That in case the said James Beaty, esquire, or

esse cither of

the parties the representative of the said Jared Trammel, shall refuse to accept and comply with

should refuse

to comply l^e Prov^si°ns °f tnis act, that the other party, by complying, shall be entitled to use
and receive the full and entire occupancy anc
or non-compliance of the other, as aforesaid.

Wf th.the terms and receive the full and entire occupancy and benefit of the same, during the obstinacy

or tins set.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 21st December, 1819.

JOHN CLARK, Governor.

£ 319 ]

FEES AND SALARIES.

1814.

AN ACT (No. 245.)

To amend an act, entitled "An act to establish the fees of the harbour master* and
health officer of the ports of Savannah and St. Mary's" passed the 12th De-^
cember, 1804.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Health officer
from and after the expiration of the term for which the present incumbents have been ancj gt- Mary's
elected, the health officer of the ports of Savannah and St. Mary's shall not be entitled jfegg^^tain
to have or receive any fees whatsoever, of or from any American vessel arriving at the cases.
said ports of Savannah or St. Mary's, in any case where such vessel shall have sailed or
departed from any port or place within the limits of the state of Georgia.

Sect. 2. And be it further enacted by the authority aforesaid. That it shall not be Health officer
J ;■..». . of Savannah

necessary for the health officer to visit any vessel arriving at the port of Savannah from not bound to

t . , . , ,. r ^ • visit any vessel

any port or place within the limits ol this state. arriving there

from any place
within the
Sect. 3. And be it further enacted by the authority aforesaid, That all acts and parts state-

of acts militating against this law be, and the same are hereby repealed. clause.

BENJAMIN WHITAKER,
Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 23d November, 1814.

PETER EARLY, Governor.

* See act of 1817, No, 24,7, with regard to the fees of the harbour-master and health officer of the port of
Darien.

320

FEES AND SALARIES. 1815.

(No. 246.)

AN ACT*

To amend an act, entitled cc An act to establish the salaries of the public officers of
this state for the political year one thousand eight hundred and eight, and one
thousand eight hundred and nine, and from thence until the same shall be
repealed, and for defining the fees of malicious prosecutions," passed on the 8th
December, 1806.

Salaries of the
public officers

The Governor
His secreta-
ries.

Treasurer.
Comptroller
general.
Secretary of
state.
Surveyor
general.
Secretary of
the senatg.
Clerk of the
house of rej>
preventatives.
Judges.
Attorney and
solicitors
general.

Duration of
this act.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That the public officers
of this state shall receive as a salary or compensation for their services per annum the
following sums, that is to say : the Governor, two thousand dollars per annum j the
Secretaries of the executive department, not exceeding two, five hundred dollars each per
annum ; the Treasurer, twelve hundred dollars per annum ; the Comptroller General, six
hundred dollars per annum ; the Secretary of State, two hundred dollars per annum ; the
Surveyor General, five hundred dollars per annum ; the Secretary of the Senate, three
hundred dollars per annum ; the clerk of the House of Representatives, three hundred
dollars per annum ; the Judges of the Superior Courts, fourteen hundred dollars each
per annum ; and the Attorney and Solicitors General one hundred and fifty dollars each
per annum ; which said several sums shall be paid to the officers quarter-yearly, out of
any monies which may be in the treasury not otherwise specially appropriated.

Sect. 2. And be it further enacted, That this act shall continue and be in force until
the expiration of the political year one thousand eight hundred and seventeen, and from
thence until the same shall be repealed.

Assented to, 22d November, 1815.

BENJAMIN WHIT AKER, *

Speaker of the House of Representatives :

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor.

* See act of 1818, No, 248, increasing the fees and salaries of public officers ; also act of 1819, No. 250,
amendatory thereof, %j^: , I

FEES AND SALARIES. 1817. 321

AN ACT (No. 24/'.)

To establish the fees for the harbourmaster and health officer for the port ofDarien,
and to allow them the same fees as are allowed the harbour master and health
officer for the ports of Savannah and St. Mary's.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and after the passing of this act the harbour master and health officer for the Harbour mas

r ° ter and health

port of Darien, shall be allowed the same fees as are allowed by law to the harbor master officer of the

and health officer for the ports of Savannah and St. Mary's ; and to be collected in the auoweci tjle

same manner, to wit : four cents per ton on all foreign vessels, and two cents per ton on ^^ ^ al_

all American vessels, which shall arrive at the port of Darien, which shall be in full for lowed to such

officers in
their fees. Savannah and

St, Mary's.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate. .
Assented to, 10th December, 181?,

WILLIAM RABUN, Governor.

• AN ACT* (No. 248.)

To increase the salaries of the public officers of this state.

.Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is -hereby enacted by the authority of the same,

That the public officers herein after named shall receive, as a salary or compensation for

their services, during the political years one thousand eight hundred and twenty, and

one thousand eight hundred and twenty-one, and from thence during the continuance of

this act, the following sums, that is to say : the Governor, three thousand dollars per SaIal7 of tne

Governor.
annum ; the Treasurer, eighteen hundred dollars per annum ; the Comptroller General, Treasurer.

twelve hundred dollars per annum ; the Secretary of State, three hundred dollars per Secretary of

State.

See act of 1819, No. 250, by which this is altered and amended,
Tt

322

FEES AND SALARIES. 1818.

(No. 248.) annum ; the Surveyor General, seven hundred and fifty dollars per annum ; the Judges

Surveyor of the Superior Courts, twenty-one hundred dollars per annum ; and to the Attorney and

Judges. Solicitors General, two hundred and twenty-five dollars each per annum ; which said

Attorney and several sums shall be paid to the said officers quarter-yearly, out of any monies which

Solicitors ,

General. may be m the treasury, not otherwise specially appropriated.

Fees of clerks,
sheriffs, and
other county
officers, in-
creased 50
per cent.

Sect. 2. And be it further enacted, That from and after passing of this act the fees
of the several public officers hereafter named be, and the same are hereby increased, at
and after the rate of fifty per cent, on their original fees, heretofore established by law,
viz : clerks of the Superior and Inferior Courts, and clerks of the Court of Ordinary,
sheriffs, jailors, coroners, tax collectors, receivers of tax returns, county surveyors, con-
stables, and justices of the peace.

Repealing1
clause.

Sect. 3. And be it further enacted, That all laws and parts of laws which may
militate against this act be, and the same are hereby repealed.

Assented to, 8th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

No. 249.)

AN ACT

lb establish the fees of the public officers of this state, on all grants that may be
issued for lands lately obtained from the Creek and Cherokee Indians.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Fees of public That the Surveyor General, Secretary of State, Secretaries to the executive department,
Treasurer, and Comptroller General, shall be entitled to the same fees as were heretofore
allowed them, by an act passed the eighth day of December, eighteen hundred and six,
with the addition of fifty per centum j and the Governor is hereby authorized quarter-

officers upon

grants, in-
creased 50
per cent.

FEES AND SALARIES. 1818,

323

yearly to draw a warrant on the treasury in favour of the aforesaid officers, for the said (No. 249.)
several sums as they become due.

BENJAMIN WILLIAMS,

Speaker of the -House of Representatives,

MATTHEW TALBOT,

- Presvdent of the Senate,

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor,

AN ACT

(No. 250.)

To alter and amend an act, entitled Jin act to increase the salaries of the public
officers of this state, passed the Sth of December, 1818.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the public officers herein after named shall receive, as a salary or compensation
for their services, during the political years one' thousand eight hundred and twenty,
and twenty-one, and from thence during the continuance of this act, the following sums,
that is to say: the Governor, three thousand dollars per annum; the Treasurer, fifteen Salary of the
hundred dollars per annum ; the Comptroller General, one thousand dollars per annum ; '-

J. l ensure.' >

the Secretary of State two hundred and fifty dollars per annum ; the Surveyor General, Comptroller.

five hundred dollars per annum; the Judges of the Superior Courts, twenty-one hun- Secretary of

State.
dred dollars each per annum ; and to the Attorney and Solicitors General, two hundred s , r

and twenty-five dollars each per annum ; which said sums shall be paid to the said neral.

officers quarter-yearly, out of any monies which may be in the treasury, not otherwise Att , i

specially appropriated. Solicitors Ge-

Sect. 2. And be it further enacted, That from and after the passage of this act, the fees 0f coun-
fees of the several public officers herein after named be, and the same are hereby in- creased^1""
creased, at and after the rate of twenty-five per cent, on their original fees, heretofore percent, on

Tt 2

324

FEES AND SALARIES. 1819.

(No. 250.) established by law, previous to the first day of December, eighteen hundred and eigh-

blished pre- . teen, viz : clerks of the Superior and Inferior Courts, clerks of the Court of Ordinary,
vioas to the * J 7

law of 1818, sheriffs, receivers of tax returns, county surveyors, constables, justices of the peace.;

jailors, coroners, and tax collectors.

Repealing
clause.

Sect. 3. And be it further enacted. That all laws and parts of laws militating
against this law be, and the same are hereby repealed.

Assented to, 16th December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate..

JOHN CLARK, Governor.

[ 325 ]

. FREE SCHOOLS.

AN ACT

To create and establish a fund for the support of Free Schools throughout this

state.

WHEREAS, it is universally acknowledged, that in all well regulated governments, Preamble,
and particularly that form of government under which we have the happiness to live,
the education of youth and the general advancement of useful knowledge, are objects
of primary importance ; and whereas, the present system of education in this state is
not well calculated for the general diffusion, and equal distribution of useful learning :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and immediately after the passage of this act, the sum of two hundred and $250,000 ap„

• • propriated to

fifty thousand dollars be, and the same is hereby set apart and appropriated for the the future

future establishment and support of free schools throughout this state : Provided, that and support of

nothing contained herein shall prevent a future legislature from repealing the whole or free schools.

l^roviso.
any part of the above recited law.

Sect. 2. And be it further enacted, That it shall be the duty of his excellency the Governor to
Governor, so soon as a favourable opportunity may occur, to invest the above sum in sumiVbr fit
bank or other profitable stock.* able stock.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1817.

WILLIAM RABUN, Governor.

* See title " Banks," act of 1819, No. 57, requiring the Governor to vest $100,000 of said fund in Darien
Bank stock. See title " Societies," act of 1818, No. 534, to incorporate the Savannah Free-school Society,

•

C 326 ]

INSPECTION OF FLOUR.

AN ACT*

To establish and regulate the Inspection of Flour.

Preamble. WHEREAS, experience has shown that the establishment of flour inspections, un-

der proper regulations, will contribute to the interest of the state :

Flour inspec-
tion establish-
ed in Savan-
nah, Augusta,
Milledgeville,
Petersburg
and Darien.

Inspectors,
how appoint-
ed.

Sect. 1 . BEJit therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That there shall be one flour inspection established in the city of Savannah, one in the
city of Augusta, one in the town of Milledgeville, and one in the town of Petersburg,
and town of Darien; and that one inspector shall be appointed at each place.

Sect 2. And be it further enacted, That the Inferior Courts in the several counties
in which the places aforesaid are situated, at the first term after the passing of this act,
and annually thereafter, shall nominate and appoint a person of good repute, and who
is a skilful judge of the quality of flour, to be inspector of flour at each of the several
places before mentioned.

Vacancies, &c.
how filled.

Sect. 3. And be it further enacted by the authority aforesaid, That in case of the
death of any person so appointed, or his refusal or neglect to act, the justices of the
Inferior Courts of said counties respectively shall, as soon as conveniently may be
thereafter, meet together and appoint some other suitable person in room of the one so
dead, or refusing or neglecting to act, who shall execute the duties of his office until

* Repealed by act of 1812, No, 253,

INSPECTION OF FLOUR. 181i. . 327

the succeeding annual election; and if any of the courts shall neglect to make appoint- (No. 252.)
ments, it shall and may be lawful for the city council or corporations of the places be-
fore mentioned to appoint inspector %

Sfct 4 And be it further enacted by the authority aforesaid, That all bolted wheat Flour requir-

n , i ^ i \ r • i r i ed to be

flour and every cask thereof brought to any of the places before mentioned, tor sale or merchantable,

exportation, shall be made, by the miller or manufacturer thereof merchantable and of &c'

due fineness, and without any mixture of coarser flour, or the flour of any other grain

than wheat.

Sect. 5. And be it further enacted by the authority aforesaid, That all flour barrels Flour barrels,
J ,;■"•.' , . their size and

packed with flour, brought to any of the places before mentioned for sale or exportation, quality.

shall be well made and of good materials, twenty-seven inches in length, and tightened

with at least ten hoops, and sufficiently nailed, with the tare plainly marked on the head

thereof • and every miller or bolter shall put into a barrel the full quantity of one hun- 196 lbs. of

c- n i t ii • i -in i i r ii • flour required

dred and ninety-six pounds of flour ; and shall put into every hall barrel the lull quantity t0 be put into

of ninety-eight pounds of flour ; and if any one of them shall put a smaller quantity of ^d98 lbsT *
flour into any barrel than is directed by this act, he shall forfeit and pay for the deficiency j*1 ev«7 hal*
of every pound under three, eight cents, arid for the deficiency of more than three, six- Penalty for
teen cents per pound, to be recovered by the person purchasing the same of the rftiller ^"qulntity.
and bolter, or procuring their wheat to be ground, bolted and packed by them, to be re-
covered by warrant before any -justice of the peace having jurisdiction thereof.

Sect. 6. And be it further enacted by the authority aforesaid, That if any person or Inspector may

repack barrels
persons shall sell or dispose of any barrel or barrels of flour, or offer the same for m- of flour which

sp'ection, with a less quantity of flour than is directed by this act, it shall and may be in quantity, "at

lawful for the inspector, at the request of the purchaser, to unpack1 any barrel of flour, the expense

and repack the same at the expense of the vender. &c.

Sect. 7. And be it fwther enacted, by the authority aforesaid, That any cask or barrel Flour brought

of flour, brought to any of the places before mentioned for sale or exportation, shall be piaces for saie

submitted to the view and examination of the inspector, who shall examine the same by 'or-esportatioji

boring into the said barrels from head to head, with an instrument of not more than three mitted to the
° m \ examination of

quarter inch in diameter, to be by him provided for that purpose ; and if he shall judge the inspector,

the same well packed and merchantable, according to the directions of this act, he shall . x*t°T w\^

plug up the hole, and brand the barrel with the name of the place at which he is inspec- regard thereto

tor, with a public brand mark, to be by him provided for that purpose, and approved of

by the said Inferior Court, city council or corporation, as the case may be ; and shall

alao mark the degree of fineness which he shall determine on inspection the said flour to

be, ■which degree shall be distinguished as follows : Superfine, Fine, Middling, and Ship

328

INSPECTION OF FLOUR. 1811.

(No. 252.) stuff; for which trouble the inspectors shall have and receive of the owner twelve and a
half cents per barrel.

#
Penalty for Sect. 8. And be it further enacted by the authority aforesaid, That if any person or

moldTbarreis, persons shall pack flour in old barrels, which have been marked and branded agreeably to

which have ^ . ^ person or persons shall forfeit and pay the sum of twentv-five dollars, one
been marked > " "

and branded nalf to the use of the informer, and the other half to the use of the miller or manufac-
under this act.

turer who has been injured by such false packing.

Manufacturers Sect. 9. And be it further enacted by the authority aforesaid, That every miller or

brand their manufacturer of flour shall brand his name on each and every barrel of flour, ground,
names on their b j ^ and ked , him

flour barrels. tr J

No inspector Sect. 10. And be it further enacted by the authority aforesaid, That no inspector shall
any flour by directly or indirectly purchase any flour by him condemned as unmerchantable, or any
ecTor^nv"111" otner fl°ur whatsoever, other than for his own use, under the penalty of thirty dollars for

other but for eVerv barrel by him purchased, to be recovered upon information by anv informer before

his own use. ••'".:,.-

any justice of the peace.

Inspector's Sect. 11. And be it further enacted by the authority aforesaid, That every inspector

of flour, before he enters on the duties of his office, shall take and subscribe the fol-
lowing oath, to wit: "I, A. B. do solemnly swear, or affirm, (as the case may be,) that
I will well and truly inspect all flour brought to me for inspection, that I will faithfully
repack all such as is not merchantable, and brand and mark the barrels as directed by
this act ; so help me God."

When this act Sect. 12. And be it further enacted by the authority aforesaid, That this act shall
s a opera e. ^q jntQ £ujj 0peration after the expiration of six months from the passing thereof, and not
before.

Repealing Sect. 13. And be it further enacted by the authority aforesaid, That all laws and parts

of laws militating against this law shall be, and the same are hereby, repealed.

ROBERT IVERSON,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate.'
Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

INSPECTION OF FLOUR. 1812. 329

AN ACT (No. 253.)

To repeal an act, entitled An act to establish and regulate the inspection of flour,

passed the IQth December, 1811.

WHEREAS, the above recited act has not been found to answer the purposes for Preamble,
which it was intended :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, That the above recited act be, and same is hereby Repealing

« clause.

repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Executive Department, Georgia.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

AN ACT (No. 254.)

To establish and regulate the inspection of Flour.

WHEREAS, experience has shown that the establishment of flour inspections, under Preamble,
proper regulations, will advance and promote the interest of this state :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the Flour inspeo

same, That there shall be a flour inspection established in the town of Petersburg and nah, Augusta,

to 1 jt anfl Peters-

cities of Augusta and Savannah.* burg.

Sect. 2. And be it further enacted by the authority aforesaid, That the Inferior Courts inspectors,
in the several counties aforesaid, at the first term of said courts after the passing of this ecj,
act, and biennially thereafter, shall appoint one person, of good repute, and a skilful judge

A flour inspection established in Darien by act of 1815, No, 255,

330

INSPECTION OF FLOUR. 1814.

(No. 254.) of the quality of flour, to be inspector of flour at the before mentioned places : that is to

* say, the Inferior Court of the county of Elbert, shall appoint one inspector for the town of

Petersburg ; the Inferior Court for the county of Richmond, one inspector for the city of

Augusta; and the Inferior Court for the county of Chatham, one for the city of Savannah.

Vacancies,
how filled.

Sect. 3. Be it further enacted by the authority aforesaid, That in case of the death
of any person so appointed, or in the event of his refusing or neglecting to act, the jus-
tices of the Inferior Court of said county shall, as soon as conveniently may be there-
after, meet and appoint some other suitable person to fill such vacancy, who shall exe-
cute the duties of inspector until the succeeding election ; and if the Inferior Court
shall neglect to make appointments, it shall and may be lawful for the city council, or
corporation of the before mentioned counties, to appoint an inspector.

Flour requir-
ed to be mer-
chantable, &c.

Sect. 4. Be it further enacted by the authority aforesaid, That all bolted wheat
flour, and every cask thereof, brought to the places before mentioned for sale or expor-
tation, shall be made by -the miller or manufacturer thereof merchantable and of due
fineness, and without mixture of coarser flour, or the flour of any other grain than
wheat.

Quality, size, Sect. 5. * Be it further enacted by the authority aforesaid, That all flour barrels
&c. o our pac]jeci with flour, brought to the before mentioned places for sale or exportation, shall
be well made and of good materials, twenty-seven inches in length, tightened with at
V least ten hoops, and sufficiently nailed, with the tare plainly marked on the head there-

Quantity of of; and every miller or bolter shall put into a barrel the full quantity of one hundred
flour required \ , i

in each barrel and ninety-six pounds of flour, and shall put into every half barrel the full quantity of

re] ' " ninety-eight pounds of flour ; and on failure thereof shall forfeit and pay the sum of
four dollars, to be recovered by any informer, before any justice having jurisdiction
thereof; one half of which shall belong to the informer, and the other half to the
county.

inspector

Sect. 6. Be it further enacted by the authority aforesaid, That all barrels or casks
of flour brought to the places aforesaid for exportation, shall be submitted to the view
Duties of the and examination of the inspector, who shall expeditiously inspect the same, by boring
into the barrel from head to head with an instrument of not more than three quarters
of an inch in diameter, to be by him provided for that purpose, and if he shall judge
the same well packed and merchantable, according to the directions of this act, he sh#ll
plug up the hole, and brand the barrel with the name of the place at which he shall be
inspector, with a public brand mark to be by him provided for that purpose, and ap-
proved of by the Inferior Court, city council or corporation, as the case may be ; and
shall also mark the degree of fineness which he shall determine the flour to be on in-

INSPECTION OF FLOUR. 1814. 33 1

spection ; which degree shall be distinguished as follows : Superfine, Fine, Middling, and (No. 254.)
Ship stuff; for which trouble the inspector shall have and receive from the owner six
and a quarter cents per barrel.

Sect. 7. Be it further enacted by the authority aforesaid, That if any person or per- Penalty for
sons shall pack flour in old barrels, which have been marked and branded agreeably to
this act, and which shall still have the brand of the inspector thereon, such person or

which have
been marked

persons shall forfeit and pa\- the sum of twenty dollars, to be recovered by any in- and branded

. - . . agreeably to

former, before any justice of the peace having jurisdiction thereof, one half of which this act.

shall belong to* the informer, and the other half to the miller or manufacturer who has
been injured by such false packing.

Sect. 8. And be it further enacted by the authority aforesaid, That it shall not be No inspector

,., ..... nii« shall purchase

lawful for any inspector, directly or indirectly, to purchase any flour by him condemned any flour con-
as unmerchantable, or any other flour whatsoever, other than for his own and family hhiTas unmer-
use and consumption, under the penalty of thirty dollars for every barrel by him pur- chantable, or
chased, to be recovered, upon information by any informer, before any justice of the for his own
peace having jurisdiction thereof; one half of which shall belong to the informer, and .

the other half to the county.

Sect. 9. And be it further enacted by the authority aforesaid, That if any person Penalty for
shall export from the places aforesaid any flour, without inspection as aforesaid, he, she flour fron\
or they shall forfeit and pay the sum of ten dollars for each barrel of flour so exported, sa.1(i places
to be recovered, upon information by any informer, before any justice of the peace hav- spection.
ing jurisdiction thereof, one half of which shall belong to the informer, and the other
half to the inspector.

Sect. 10. Be it further enacted by the authority aforesaid, That every inspector,

before he enters on the duties of his office, shall take and subscribe the following oath,

to wit: I, A. B. do solemnly swear, (or affirm, as the case may be,) that I will well and Oath of each

-" inspector*

truly inspect all flour brought to me for inspection, that I will faithfullv brand and

mark the barrels as directed by this act ; so help me God.

SecT. 11. Be it further enacted by the authority aforesaid, That the said inspector Inspector in-
dictable for
shall be liable to indictment for any neglect of duty, and upon conviction thereof shall neglect of

forfeit and pay a sum not less than thirty dollars.

duty,

Sect. 12. Be it further enacted by the authority aforesaid. That it shall not be law- Owners, &c

J J . of boats m

ful for any owner or patroon of any boat in the city of Augusta, to receive on board Augusta shall

U u2

332 INSPECTION OF FLOUR. 1814.

(No. 254.) his or their boat any barrel of flour, to be carried to Savannah, that shall not have been

not receive on inSpected, marked and branded as aforesaid ; and any owner or patroon aforesaid, who

same any bar- shall violate this law., shall be liable to an indictment, and upon conviction thereof shall

relofflourto • .

be carried to be fined in a sum not exceeding one hundred dollars.

Savannab,

■which has not been inspected, &c.

When this Sect. 13. And be it further enacted by the authority aforesaid, That this law shall

law shall ope- , • r i r i ...-. i r- i • i r

rate. go into operation trom and alter the expiration ol six months from the passing thereol,

and not before.

Repealing Sect. 14. And belt further enacted by the authority aforesaid* That all laws and

clause. J m J

parts of laws militating against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

JARED IRWIN,

President of the Senate, pro tempore^
Assented to, 22d November, 1814.

PETER EARLY, Governor.

; No. 255.) AN ACT

To establish a Flour inspection in the town of Darien, in the county of McIntosh.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is enacted by the authority of the same, That

Flour inspec- there shall be a flour inspection established in the town of Darien, in the county of McIn-
tion establish-
ed in Darien. tosh, under the same rules, regulations and restrictions as are prescribed for other flour

inspections in this state, by an act, entitled " An act to establish and regulate the inspection
of flour," passed on the22d November, 1814; and all and every person or persons vio-
lating the provisions of the aforesaid act, at Darien, shall be subject to all the pains and
penalties therein expressed for the town of Petersburg and cities of Augusta and Sa-
vannah.

Inspector, Sect. 2. And be it further enacted, That the Inferior Court of the county of McIn-

how ap- . . .'..*.

pointed. tosh, or a majority of them, shall, at their first term after the passage of this act, and

biennially thereafter, appoint one person of good repute, and a skilful judge of the quality

of flour, to be inspector of flour in the town of Darien, in the county of McIntosh.

INSPECTION OF FLOUR. 1815. 333

Sect. 3. And be it further enacted, That until the first term of the said Inferior Court, (No. 255.)
the commissioners of the town of Darien, or a majority of them, shall appoint some fit A^P0^
and proper person to act as flour inspector for the town of Darien, until the meeting of be appointed
the said court, and until the said court shall have made such appointments, which shall missioners 0f
be at some one term of the said court, and biennially thereafter ; and in case a vacancy ^ °T°J
shall happen, by death, resignation, refusal to serve or otherwise, the commissioners as how filled
aforesaid, or a majority of them, shall be, and they are hereby authorized and required
to fill such vacancy ; and the person so appointed shall continue to act until the term for
which his predecessor was appointed shall have expired : Provided nevertheless, that no Proviso
inspector shall be appointed for a longer term than two years.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

Assented to, 8th December, 1815.

D, B. MITCHELL, Governor,

[ 334 ]

INSPECTION OF TOBACCO

AN ACT

To regulate the inspection of Tobacco in this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Tobacco in- That from and after the first day of January next, it shall not be lawful for any inspector

to burn any °f tobacco in this state to burn or cause to be burned any tobacco, in pursuance of any

law heretofore passed in this state.

tobacco.

Duty of tobac- Sect. 2. And be it further enacted, That from and after the first day of January next,
it shall be the duty of the inspectors of tobacco within this state to inspect any hogs-
head or hogsheads, cask or casks of tobacco, brought to the warehouse at which they are
already or may hereafter be appointed inspector or inspectors ; to inspect every such
hogshead or hogsheads, cask or casks of tobacqo so brought to the respective ware-
houses at which they were, or may hereafter be, appointed to inspect ; to inspect all and
every such hogshead or hogsheads, cask or casks of tobacco; brought to the respective
How the warehouses within this state for inspection, by qualities ; to wit, first, second, third, and

tobacco shall fourth qualities; which qualities shall be fairly expressed in the face of the receipt or
e esignate . manjfest which shall be given by the inspector who may inspect such tobacco.

Quality of the Sect. 3. And be it further enacted, That it shall be the duty of the inspectors afore-
mai-ked on the said. respectively, at or before the issuing such receipt or manifest, fairly and plainly to
rea, ° eacn mark or stamp on each head of each hogshead or cask so to be inspected as aforesaid, the
head inspect- quality of the tobacco contained in such hogshead or cask ; and it shall also be the duty
of the said inspectors fairly and plainly to mark or stamp on each hogshead or cask as

INSPECTION OF TOBACCO. 1815. 335

aforesaid, the iftimber, tare and nett weight, together with the initials of the name of the (No. 256.)
owner.

Sect. 4. And be it further enacted, That before any inspector of tobacco shall proceed

to inspect tobacco in pursuance of this act, they shall respectively take and subscribe the

following oath or affirmation, to wit : " I, A. B. do solemnly swear or affirm, that I will Oath of tobac-
. „ . . . it i 11 1 1 co .inspectors,

diligently and carefully view, examine and inspect all tobacco brought to the warehouse

whereof I am appointed inspector, according to quality, and that not separate and apart

from, but in presence of my fellow, and I will not change, alter or give out any tobacco

other than such hogsheads or casks for which the receipt to be taken was given, but that

I will in all things well and faithfully discharge my duty in the office of an inspector, to

the best of my skill and judgment, according to the directions of this act, without fear,

favour, affection or the hope of reward, malice or partiality ; so help me God."

Sect. 5. And be it further enacted, That the proprietor of each warehouse shall be, and Storage of
he is hereby entitled to demand and receive the sum of fifty cents for the storage of each
hogshead of tobacco inspected at his warehouse : Provided, the said tobacco does not lay Proviso,
longer in such warehouse than twelve months ; and for every month after, the proprietor
or owner of such tobacco shall pay at the rate of twelve and a half cents per month ;
which duty or storage shall be paid to the several inspectors before the same be removed
from the said warehouse, who shall be answerable to the owner or proprietor thereof for
the full amount of such storage by them received.

Sect. 6. And be it further enacted, That all laws or parts of laws heretofore passed in Repealing
this state, militating against this act, be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

• President of the Senate-*

Assented to, 30th November, 1815,

D, B. MITCHELL, Governor,

1814.

[ 336 ]

INTEREST.

(No. 257.)

AN ACT

To establish an uniform mode of calculating Interest in this state, and to prevent

the collection of Compound Interest.

Preamble. WHEREAS, it is just and equitable that there shall be an uniform and definite mode

practised throughout the state, for calculating interest :

Mode of cal-
culating in-
terest in this
state.

Proviso.

Sect. 1. BE it enacted therefore by the Senate and House of Representatives of the'
state of Georgia, in General Assembly met, and it is enacted by the authority of the same,
That in future the mode of calculating interest in this state shall be at and after the
rate of eight per cent, per annum ; and whenever any payment shall be made on any
note, bond, or other instrument, demand, execution, or judgment, where any interest
has accrued on any such note, bond, or other instrument, execution, or judgment, such
payment shall, in the first place, be applied to the discharge of interest due ; and no part
of the principal shall be considered as discharged until the interest shall have been first
extinguished ; Provided nevertheless, that in^all cases where the payment made shall
not be sufficient to discharge all the interest due at the time of payment, no interest
shall, at any future payment, be calculated on the balance of interest which was left
unpaid.

No part of a Sect. 2. And be it further enacted, That in all cases where judgments may hereafter

ihaii'draw in- De obtained, all such judgments shall be entered up for the principal sum due with the

INTEREST. 1814,

337

interest, but no part of such judgment shall bear interest, except the principal which (No. 257.)
may be due on the original debt, any law, usage, custom or practice to the contrary pSpSd^

•j.1- j* ~ * on the original ,

notwithstanding. debt &

BENJAMIN WHITAKER, <

Speaker of the House of Representatives.

WILLIAM RABUN,

• ■ President of the Senate,

Assented to, 23d November, 1814,

PETER EARLY, Governor

X x

■

[ 338 ]

JOINT OBLIGORS

1818.

(No.- 258.) AN ACT

Pointing out the mode of collecting a certain description of debts therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.
That from and immediately after the passing of this act, where any person shall be in
possession, (either in his own right, or in any other capacity,) of any note, bill, bond, or
other obligation in writing, signed by two or more persons, and one or more of the per-
sons, whose names are signed as aforesaid, shall die before the payment of the money,
or the compliance with the condition of such bond or other obligation in writing, the
person or persons holding such note, bill, bond, or other obligation in writing, shall not
be compelled, as heretofore, to sue the survivor or survivors alone, but may, at his, her
or their discretion, sue the survivor or survivors, or the representatives of such deceas-
ed person or persons, or the survivor or survivors, in the same action with the repre-
sentative or representatives of such deceased person or persons, any law, usage or cus-
tom to the contrary notwithstanding : Provided, nothing in this act shall be so construed
as to authorize the bringing of any action, of any kind whatever, against the representa-
tive or representatives of any estate or estates, until twelve months after the probate of
the will, or the granting of letters of administration on such estate or estates.

Any person
holding a note,
bill, &c. sign-
ed by two or
more persons,
and one or
more of them
die, shall not
be compelled
to sue the sur-
vivors alone ;
but may sue
the survivor
or the repre-
sentatives of
such deceased
person, or the
survivor with
the represen-
tatives, at his
option.

Proviso.

Repealing
clause.

Sect. 2. And be it further enacted, Thar all laws or parts of laws militating against
this act be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor

[ 339 ]

JUDICIARY LAWS.

(TIMES OF HOLDING COURTS.

AN ACT*

To alter the time of the sitting of the Superior Courts in the county of Wayne.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and after the passing of this act, the Superior Courts in the said county of Time of hold-

_..--.' ,rV- ' „• •';_," . . - ing the Supe-
Wayne shall be holden on the Thursday next before the first Monday in March, in the rior Courts in

spring circuit, and on the Thursday next before the fourth Monday in October, in the aitgi"^ COun y

fall circuit.

Sect. 2. And be it further enacted, That, all writs and processes, returnable to the All writs, &c.

next term of the said Superior Court as now by law established, which may have been tne next term

issued, or which shall be issued before the first day of January next, shall not be liable ^^ ^ave '

to any exception for error in the return thereof; but the same shall stand over and be *?een,is,s.ued'

CCC* Stl3.Il StcUlCZ

over to the
time by this
ict pointed out for holding1 said court,

acted upon, at the period herein pointed out for holding the said court.

Sect. 3. And be it further enacted, That all jurors, parties, witnesses, and other per- jurors, par-
sons who may have been, or shall be summoned before the said first day of January qUired to at-

next, to attend at the next term of the said Superior Court as now by law established, *.e^e {^J^

pointed out
for said court,

* See act of 1819, No. 282. (As that act fixes the times of holding the Superior and Inferior Courts
throughout the state, I shall make no reference to the previous acts on the subject, Comfilbb.)

A X 2

340 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1811

(No. 259.) shall be, and they are hereby required to attend at the period herein pointed out for
holding the said court, any thing in any law, or in the precepts to them directed, to the
contrary notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Executive Department, Georgia.

Assented to, 29th November, 18il.

D. B. MITCHELL, Governor.

(No. 260.) AN ACT

To alter the time of holding the Superior and Inferior Courts for the county of

Wilkes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state
Times of hold- of Georgia, in General Assembly met, and by the authority of the same, That after the
rior and lnfe- mon1-n °f January next, the Superior Courts in the county of Wilkes shall be held on
\AniC0UritS °f l^e ^rst Monday in June and January ; and the Inferior Courts of the said county shall
ed. be held on the fourth Monday in March and on the first Monday in August in each

year.

Suitors, jurors Sect. 2. And be it further enacted, That all suitors, jurors or witnesses, heretofore
required to at- summoned, or that may hereafter be summoned, cited, or otherwise required by the
tend at the proper authority, before the expiration of the time allowed to serve any precept or pre-
prescribed. cepts, made returnable to Wilkes Inferior Court, March term, 1812, shall be transmit-
ted and turned over to the said Inferior Court, so to be held on the fourth Monday in
March next, to be acted upon in the same way as if such suitors, jurors or witnesses
had been cited or summoned thereunto.

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1811, 341

Sect. 3. And be it further enacted, That all laws or parts of laws heretofore passed on (No. 260.)
this subject, militating against this act, be, and the same are hereby repealed. Repealing

ROBERT IVERSON,

• Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.

Assented to, 13th^December, 1811.

D. B. MITCHELL, Governor.

•

AN ACT (No. 261*.)

To alter the time of holding the Inferior Court in the county of Pulaski.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That hereafter the Time of hold-
Inferior Court of the county of Pulaski shall be holden on the third Monday in January rior Court of

Pulciski
and July, and that all jurors drawn for, and all writs or other proceedings made return- changed.

able to the heretofore regular term of said court, shall stand over and be considered as
returnable to the term of said court as herein specified.

Sect. 2. And be it further enacted, That all laws or parts of laws militating against Repealing

1 , clause.

this act be, and the same are hereby repealed.

• ROBERT IVERSON,

. Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

s42 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1811,

(No. 262.) AN ACT

To alter and change the time of holding the Superior Courts in the county oj

Hancock,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state oj

Time of hold- Georgia, in General Assembly met, and by the authority of the same, That from and after

rior Courts in the passing of this act the Superior Courts to be held for the county of Hancock, shall

clawed commence on the first Monday in February and August, instead of the third Mondays

in said months, annually.

Writs, &c. to Sect. 2. And be it further enacted, That all writs and other processes heretofore

be acted upon . . ■'•

at the time issued, or which may issue, shall be returned and tried on the said first Monday in

scribed, February and August, in the same manner they would otherwise have been, had not the

times for holding said courts been altered and changed by this act.

Jurors, &c. Sect. 3. And be it further enacted, That all jurors, witnesses, parties to suits, or other

required to ,

attend at the persons whatsoever concerned, shall give their attendance on the aforesaid first Monday

tered, *n February and August, as punctually as if thereto summoned, any law or usage to the

contrary notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 13th December, 1811- ♦

D, B. MITCHELL, Governor.

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) isii. 343

AN ACT (No. 263.)

To authorize the Judge of the Superior Courts of the Western District to hold an

extra session in the county of Lincoln.

WHEREAS, there was a failure in the Superior Court, which should have been holden Preamble,
in and for Lincoln county in October last, occasioned by the clerk of the said court re-
fusing to qualify j and whereas, inconveniences are likely to result therefrom : for reme-
dy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the judge of the Superior Courts of the western district be, and he is hereby An extra sea

' " . i sion of the

authorized and empowered to hold a court in and for said county of Lincoln, on the Superior

second Monday in January next, and that all officers of said court, jurors and witnesses coin county

be required to attend, under the same penalties and the like restrictions as if the said auttlorizecl

court had been holden at the period heretofore pointed out by law for holding said

court.

*Sect. 2. And be it further enacted by the authority aforesaid, That the jury drawn The jury
to serve at the court which should have been holden in and for said county of Lincoln in regular term
October last, be considered, held and taken as the jury for the term to be holden in pur- ^ | extra^ -^
suance of this act, they being summoned to attend at least ten days prior to the sitting session,
thereof.

Sect. 3. And be it further enacted by the authority aforesaid, That all witnesses, and Witnesses,^
, , , , , ... , bound to at-

every other person or persons, who were bound by recognisance or otherwise to attend ten(j at the

the court which should have been holden in said county of Lincoln in October last, and regu|arteJm«

' ' required to

who shall not have been discharged by due course of law, be, and they are hereby re- attend at the

. - . extra session,

quired, under the same penalties, to attend the court which shall be holden in pursuance

of this act.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Executive Department, Georgia,

ill,

D. B, MITCHELL, Governor,

Assented to, 13th December, 1811

344

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1813.

(No. 264.)

AN ACT

To authorize the Judge of the Superior Courts of the Middle Circuit to hold an
extra session in the county of Washington.

<
Preamble. WHEREAS, there was a. failure of the Superior Court which should have been holden

in and for Washington county, on the first Monday in November, instant ; and whereas,

inconveniences are likely to result therefrom : for remedy whereof,

An extra ses-
sion of the
Superior
Court in the
county of
Washington
authorized.

Sect'. 1. BE it enacted by the Senate and House of Representatives of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That the
judge of the Superior Courts for the middle circuit be, and he is hereby authorized
and empowered to hold, in and for the said county of Washington, a court on the second
Monday in January next ; and that all officers of said court, jurors and witnesses, be
required to attend, under the same penalties and like restrictions as if said court had
been holden at the period heretofore pointed out by law for the holding of said court.

The jury Sect. 2. And be it further enacted by the authority aforesaid, That the jury drawn

regular term to serve at the court which should have been holden for said county of Washington, £>n

shall serve at t^e £rst Monday in November instant, be considered, held and taken as the jury for

sion. the term to be holden in pursuance of this Uct.

1'ersonsbound Sect. 3. And be it further enacted by the authority of the same, That all and every

the1 regular person and persons, who were bound, by recognisance or otherwise^ to attend the court

term, requir- wnicn should have been holden in Washington county, on the first Monday in Novem-

said extra ses- ber instant, and who shall not have been discharged by due course of law, be, and they
sion. . . • '

are hereby required, under the same penalties, to attend the court which shall be holden

in pursuance of this act.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

Assented to, 30th November, 1813.

PETER EARLY, Governor.

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1813, 345

AN ACT (No. 265.)

To authorize the Judge of the Ocmulgee district to hold an extra session in the

county of Baldwin.

WHEREAS, there was a failure of the Superior Court which should have been Preamble,
holden in and for the county of Baldwin, on the third Monday in September last ; and
whereas, inconveniences are likely to result therefrom : for remedy whereof,

Sect. 1. BE if enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority oj the same, sionofthe

That the judge of the Superior Court of the Ocmulgee circuit be, and he is hereby au- court hi Bald-

thorized and empowered to hold a court in and for the said countv of Baldwin, on the win, county
* *■ ■ . auihonzed.

fourth Monday in January next, and that all officers of said court, jurors and witnesses, Officers, &c.
be required to attend, under the same penalties, and under the like restrictions, as if the tendthereat.
said court had been holden on the third Monday in September last.

Sect. 2. And be it further enacted by the authority aforesaid, That the jury drawn to Jury drawn
serve at the court which should have been holden in and for the said county of Baldwin, jar court, shall
on the third Monday in September last, be considered, held and taken as the jury for **™* ^stion
the term to be holden in pursuance of this act.

Sect. 3. And be it further enacted by the authority aforesaid, That all and every Personsbound

person and persons, who were bound, by recognisance or otherwise, to attend the court &*ce or other-

which should have been holden in Baldwin county, on the third Monday in September ^the renter

last, and who shall not have been discharged bv a due course of law, be, and thev are term> shall at-

. ° J ' ' ' J tend at said

hereby required, under the same penalties, to attend the court which shall be holden in extra session.

pursuance of this act.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

, President of the Senate.

Assented to, 6th December, 1813.

PETER EARLY, Governor,

346 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1913.

(No. 266.) AN ACT

To alter the time of holding the Superior Courts for the county of Wilkes, and
alloiving the entering of Appeals, as pointed out by this act;

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Time of hold- Georgia, in General Assembly met, and by the authority of the same, That from and after
ing the Supe- tne passmg 0f tnis act? the Superior Courts to be held for the county of Wilkes shall
the county of be on the third Monday in January and the first Monday in June, in each year, any law
ed. to the contrary notwithstanding.

Writs, &c. to Sect. 2. And be it further enacted, That all writs and processes heretofore issued,
the time here- or which may issue, shall be returned and tried on the third Monday in January and
m prescribed. tjie £rgt ]\jonc[ay {n June, in the same manner they would otherwise have been, had not
the times for holding said courts been altered and changed by this act.

All jurors, &c. Sect. 3. And be it further enacted, That all jurors,' witnesses, parties to suits, or other
attentat the Persons whatsoever concerned, shall give their attendance on the aforesaid third Mon-
time as alter- day in January and first Monday in June, as punctually as if thereto summoned, any
law or usage to the contrary notwithstanding.

When there Sect. A.' And be it further enacted, That in all cases, in any of the counties of this

has been a state, where a failure to hold adjourned courts may have prevented persons entitled to

an adjourned an appeal from the benefit of said appeal, the court, at their next regular session there-
court, appeals .
may be enter- after, shall allow said persons to appeal in manner and form as they would have been

regular ses- entitled to appeal at said adjourned courts, any .law, usage or custom to the contrary

SIOn* notwithstanding,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 6th December, 1813.

• PETER EARLY, Governor.

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1814. 347

AN ACT (No. 267.)

To alter the times of holding the Superior Courts of the Middle Circuit in this

state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia* in General Assembly met^ and it is hereby enacted by the authority of the same. Times of hold

5. ' J ; J \ . . 'inS t,ie Supe-

That from and after the end of the present circuit of the Superior Courts in the Middle rior Courts in

Circuit of this state, the said Superior Courts shall be holden as follows : circuit altered,

SPRING CIRCUIT.

On the third Monday in February, in the county of Jefferson ; on the fourth Monday Spring-

. T . Circuit,

in February, in the county of Warren ; on the first Monday in March, in the county of

Columbia ; on the second Monday in March, in the county of Scriven ; on the third

Monday in March,- in the county of Burke ; on the fourth Monday in March, in the

county of Washington ; on the Monday thereafter, in the county of Montgomery ; on

the Monday, thereafter, in the county of Tatnall ; on the Monday thereafter, in the

county of Emanuel ; and on the fourth Monday in May, in the county of Richmond,

•

FALL CIRCUIT.

On the third Monday in August, in the county of Jefferson ; on the fourth Monday Fall Circuit,
in August, in the county of Warren ; on the first Monday in September, in the county
of Columbia ; on the second Monday in September, in the county of Scriven ; on the
third Monday in September, in the county of Burke ; on the fourth Monday in Sep-
tember, in the county of Washington*; on the Monday thereafter, in the county of
Montgomery ; on the Monday thereafter, in the county of Tatnall ; on the Friday there-
after, in the county of Emanuel ; and on the second Monday in January, in the county of
Richmond.

Sect. 2. And be it further enacted by the authority aforesaid, That all writs, suits, All writs, &c.

, -it , 1 • i-i i , 1 made return-

recognisances, together with other matters and things which may have been made return- ab|e to the

able to the days heretofore appointed for holding the said courts, shall be made return- tereTbv this

able as herein pointed out, any law, usage or custom to the contrary notwithstanding. act

• ■

Y Y2

348 JUDICIARY LAWS. (TIMES OF HOLDING COURTS. ) 1814.

(No. 267.) Sect. 3. And be it further enacted by the authority of the same. That all laws or part;s

Repealing of laws militating against this act be, and the same are hereby repealed.
clause.

BENJAMIN WHITAKER,

■ Speaker of the House of Representatives,

JARED IRWIN,

President of the Senate, pro tern.
Assented to, 9th November, 1814.

PETER EARLY, Governor.

(No. 268.) AN ACT

To alter the time of holding the Superior Courts in the county of Lincoln.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

rime of hold- Georgia, in General Assembly met, That from and after the passage of this act, the Superior
ing- the Supe-
rior Court in Courts of Lincoln county shall be held on the second Monday in January and last Mon-
Lincoln coun- ,.-»». - , i • , ,.
ty altered. day in May, in every year, any law to the contrary notwithstanding.

All writs, &c. Sect. 2. And be it further enacted, That all Avrits and precepts heretofore issued, or
upon 'at the* which may hereafter issue, shall be returned and tried on the second Monday in January
nointeofout1 anc* *ast Monday in May, in the same manner they would otherwise have been, had not
the time for holding said courts been altered and changed by this act.

BENJAMIN WHITAKER,

Speaker of the House "of Representatives. .

JARED IRWIN,

President of the Senate, pro tern.
Assented to, 23d November, 1814.

PETER EARLY, Governor.

•

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1815. 349

AN ACT (No. 269.)

To alter the times of holding the Superior Courts in the Middle and Eastern Cir-
cuits of this state, and the Western Circuit, so far as respects the county of Lin-
coln. ' +

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Times of hold-
' , •' ing courts in

Georgia, in General Assembly met, and it is hereby enacted fry the authority of the same, the Middle

That from and after the expiration of the present circuit of the Superior Courts in the cuit prescri_"

Middle Circuit of this state, the said Superior Courts shall be holden as follows : bedt

SPRING CIRCUIT.

On the fourth Monday in March, in the county of Columbia ; on the first Monday in Spring-
April, in the county of Warren ; on the second Monday in April, in the county of Jef-
ferson ; on the third Monday in April, in the county of Washington ; on the fourth
Monday in April, in the county of Montgomery ; on the Monday thereafter, in the
county of Tatnall ; on the Monday thereafter, in the county of Emanuel ; on the Mon-
day thereafter, in the county of Scriven ; on the fourth Monday in May, in the county
of Burke ; and on the first Monday in June, in the county of Richmond.

FALL CIRCUIT.

On the last Monday in September, in the county of Warren; on the first Tuesday Fall Cn-cuit
next after the first Monday in October, in the county of Columbia ; on the third Mon-
day in October, in the county of Richmond ; on the second Monday in November, in
the county of Jefferson ; on the third Monday in November, in the county of Washing-
ton ; on the fourth Monday in November, in the county of Montgomery ; on the Mon-
day thereafter, in the county of Tatnall ; on the Friday thereafter, in the county of
Emanuel'; on the second Monday in December, in the county of Scriven : and on the
third Monday in December, in the county of Burke.

Sect. 2. And be it further enacted by the authority aforesaid, That from and after
the expiration of the present circuit of the Superior Courts in the Eastern Circuit of this
state, the said Superior Courts shall be holden as follows ;

350

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1815.

(No. 269.)

Spring
Circuit.

SPRING CIRCUIT.

On the third Monday in March, in Camden ; on the Friday thereafter, in Wayne ;
on the Monday thereafter, in Glynn; on the Monday thereafter, in McIntosh ; on the
Monday thereafter, in Liberty ; on the Thursday thereafter, in Bryan ; on the Monday
thereafter in Bulloch ; on the Thursday thereafter, in Effingham ; and in Chatham, on
th^ fourth Monday in May.

FALL CIRCUIT.

Fall Circuit. On the last Monday in October, in Camden ; on the Friday thereafter, in WTayne ; oil

the Monday thereafter, in Glynn ; on the.Monday thereafter, in McIntosh ; on the Mon-
day thereafter, in Liberty ; on the Thursday thereafter, in Bryan ; on the Monday there-
after, in Bulloch ; on the Thursday thereafter, in Effingham ; and in Chatham, on the first
Monday in January.

Times of hold- Sect. 3. And be it further enacted by the authority aforesaid, That from and after
rior Courts in the passing of this act, the time of holding the Superior Courts in Lincoln county shall
county1 be the fourth Monday in April and October in every year, any law to the contrary not-

withstanding.

All writs, &c.
shall be con-
sidered re-
turnable to
the court
terms pre-
scribed in
this act.

Sect. 4. And be it further enacted by the authority aforesaid, That all writs, bills,
suits, \ecognisances, executions, and all other matters and things which have been made
returnable to the days or periods heretofore appointed for holding said. courts, shall be
considered, held and taken as returnable to the times herein pointed out for holding
courts in the respective counties aforesaid, any law, usage or custom to the contrary
notwithstanding.

Sect. 5. And be it further enacted by the authority aforesaid. That all laws or parts of
laws militating against this act be, and the same are hereby repealed.

Assented to, 12th December, 1815,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1815.

351

AN ACT

(No. 270.)

To repeal the fourth section of Jin act to alter the time of holding the Superior
Courts in three several circuits in this state, passed the 1 5th day of December,
1809, so far as relates to the Western and Middle Circuits.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in. General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the first day of January next, said fourth section of the
before recited act be, and the same is hereby repealed, so far as the same relates to the
Western and Middle Circuits.

. BENJAMIN WJHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

Assented-to, 16th December, 1815.

After the first
of January-
next the
fourth section
of the recited
act repealed,
so far as it re-
lates to the
Western and
Middle Cxr-
cuits.

D. B. MITCHELL, Governor.

AN ACT (No. 271.)

_ To change the times of holding the Inferior Courts in the county of Jasper.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That immediately from and after the passing of this act, the times of holding the Inferior Times of hold-
Courts in the county of Jasper shall be on the second Mondays in May and October in r"^. courts6"

each year. in JasPer

J county.

Sect. 2. And be it further enacted, That the jurors^ and witnesses summoned to ap- Jurors, &c.

pear before such courts, and all writs and recognisances returnable on the day's upon the court

which said courts would have been held under the laws heretofore in force, shall be J*™ J ^ "

352

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1816.

writs, &c.
made return-
able thereto.

(No. 271.) returnable to the several days herein before specified for holding of the said courts in
the aforesaid county of Jasper, any law, usage or custom to the contrary notwith-
standing.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

(No. 272.) 0 AN ACT

To alter the times of holding the Superior Courts of the Middle Circuit, in this

state. .

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Courts of the That from and after the end of the present circuit of the Superior Courts in the-Middle
when held, Circuit of this state, the said Superior Courts shall be holden as follows :

SPRING CIRCUIT.

Spring
Circuit.

On the third Monday in February, in the county of Jefferson ; on the fourth Monday
in February, in the county of Warren ; on the first Monday in March, in the county of
Columbia ; on the second Monday in March, in the county of Scriven ; on the third
Monday of March, in the county of Burke ; on the fourth Monday in March, in the
county of Washington ; on the Monday thereafter, in the county of Montgomery ; on
the Monday thereafter, in the county-of Tatnall ; on the Monday thereafter, in, the county
of Emanuel ; and on the first Monday in June, in the county of Richmond.

FALL CIRCUIT.

Fall Circuit. On the third Monday in August, in the county of Jefferson ; on the fourth Monday

in August, in the county of Warren ; on the first Monday of September, in the county
of Columbia ; on the seconcr Monday in September, in the county of Scriven ; on the
third Monday in September, in the county of Burke ; on the fourth Monday in Septem-

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1816. 353

ber, in the county of Washington ; on the Monday thereafter, in the county of Montgo- (No. 272.)
mery ; on the Monday thereafter, in the county of Tatnall ; on the Friday thereafter, in
the county of Emanuel ; and on the second Monday in January, in the county of Rich-
mond.

Sect. 2. And be it further enacted by the authority aforesaid, That all writs, suits, Writs, &c.
recognisances, together with all other matters and things which may have been made able to the
returnable to the days heretofore appointed for holding the said courts, shall be made tim.?s ?r.e* ,..
returnable as herein pointed out, any law, usage or custom to the contrary notwith- act.
standing.

Sect. 3. And be it further enacted by the authority aforesaid, That all laws or Repealing*
parts of laws militating against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No 273j

To alter the time of holding tJw Superior and Inferior Courts in the county of
Wilkes, and the fall term of the Superior Court of the county of Madison.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Times of hold-
That from and after the passage of this act, the Superior Courts in the county of cfunSn™
Wilkes shall be held on the third Monday in February and July, in each year ; and tWilkes coun"
that the Inferior Courts in the said county shall be held on the second Monday in inferior
April, and on the Tuesday after the first Monday in October, in each year. J^18' when

Sect. 2. And be it further enacted, That all suitors, jurors or witnesses heretofore jurors, &c re*
summoned, or that may hereafter be summoned, cited, or otherwise required by the Staid ^

Z z

354

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1816.

(No. 273.) proper authority, before the expiration of the time allowed, to serve any precept or pre-

tered8 ^ * " cePts made returnable to the said Superior and Inferior Courts of the said county of

Wilkes, shall be transmitted and turned over to the said Superior and Inferior Courts,

so to be held as aforesaid, to be acted upon in the same way and manner as if such

suitors or witnesses, or others concerned, had been cited or summoned thereto.

Sect. 3. And be it further enacted., That the fall term of the Superior Court of the
in each year.

Fall term of

perior Court, county of Madison shall be holden on the Thursday after the first Monday in October,

Sect. 4. And be it further enacted, That all writs, processes, precepts, &c. which

Writs, &c.
made return-
able at the would have been returned to the regular term of said courts, shall be returned to the

scribedTbove. ^me t0 which tne courts are directed to sit by this law.

Repealing
clause.

Sect. S. And be it further enacted, That all laws or parts of laws heretofore
passed on this subject, militating against this act, be, and the same are hereby re-
pealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

Assented to, 18th December, 1816.

D, B. MITCHELL, Governor.

(No. 274.)

AN ACT

To authorize an extra session of the Superior Court in the counties of Wilkin-
son and Laurens,

Preamble. WHEREAS, from indisposition of the family of the honourable Judge Strong, no

Superior Court was holden in the said counties of Wilkinson and Laurens for October
term last :

An extra ses- Sect. 1. BE it therefore enacted by the General 'Assembly of the state of Georgia,
perior Court " and % ^ie authority of the same, That the judge of the Superior Court for the Ocmul-
bhld t0 See c*rciut; *s hereby authorized and required to hold an extra session of the Superior

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817. 355

Court in the said counties, to commence in Wilkinson on Wednesday the seventh day (No. 274.)

of January next, and in Laurens, on Monday the twelfth. Wilkinson and

0 J 7 J Laurens coun-

ties.

Sect. 2. And be it further enacted, That all writs, precepts and process, of any kind Writs &c. re-

or nature whatsoever, made returnable to the heretofore regular terms of said courts, the regular

shall stand over and be deemed as valid, to all intents and purposes, as if the same were ^[™| -yer .

made returnable to the terms herein before specified. be. 1acted on at

1 , said extra ses

sions.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 3d December, 1817.

WILLIAM RABUN, Governor.

AN ACT (No. 8r5.)

To alter the time and establish the periods for holding the several Superior Courts

of the Middle Circuit in this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Middle cir-
That from and after the first day of July next, the several Superior Courts of the mid- of holding
die circuit of this state shall be holden at the periods herein stipulated. courts therein.

SPRING CIRCUIT.

On the fourth Monday in February, in the county of Columbia ; on the second Mon- Spring Cir-
day in March, in the county of Warren j on the third Monday in March, in the county cmt
of Washington ; on the fourth Monday in March, in the county of Montgomery ; on
the Thursday thereafter, in the county of Tatnall ; on the Monday thereafter, in the
county of Emanuel ; on the Monday thereafter, in the county of Scriven ; on the Mon-
day thereafter, in the county of Burke; on the Monday thereafter, in the county of Jef-
ferson; on the first Monday in June, in the county of Richmond.

Z 22

356

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817.

(No. 275.)

AUTUMN CIRCUIT.

Autumn Cir-
cuit.

On the first Monday in September, in the county of Warren ; on the second Monday
in September, in the county of Columbia ; on the fourth Monday in September, in the
county of Jefferson ; on the second Monday in October, in the county of Washington ;
on the Monday thereafter, in the county of Montgomery ; on the Monday thereafter, in
the county of Tatnall ; on the Monday thereafter, in the county of Emanuel ; on the
Monday thereafter, in the county of Scriven ; on the Monday thereafter, in the county
of Burke ; on the second Monday in January, in the county of Richmond.

Repealing
clause.

Sect. 2. And be it further enacted by the authority aforesaid, That all acts and parts
of acts militating against this act be, and the same are hereby repealed.

Assented to, 11th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor.

(No. 276.)

AN ACT

To alter the time of holding the Superior and Inferior Courts in the county of

Twiggs.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Time of hold- That from and after the passage of this act, the Superior Courts in the county of Twiggs

Courts in shall be held on the first* Monday in February and August in each year ; and that the

wiggscoun- jnferjor Courts in said county shall be held on the first Monday in May and Novem-

i?roviso. ber in each year : Provided nevertheless, That the grand and petit jurors that may be

drawn at the next adjourned term of the said Superior Court be, and they are hereby

required to serve at the next August term of said court.

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817. 357

1 I,. ...

Sect. 2. And be it further enacted, That suitors, jurors or witnesses heretofore sum- (No. 276.)
moned, or that may hereafter be summoned, cited, or otherwise required by the proper Suito^s' Ju-

roioj otc» iC"

authority, before the expiration of the time allowed to serve any precept or precepts, quired to at-

• *''«*• /- ri -i rp . tend said

made returnable to said Superior and Inferior Courts of the said county of Twiggs, courts at the

shall be transmitted and turned over to the said Superior and Inferior Courts, so to be scribed above.

held as aforesaid, to be acted upon in the same way and manner as if such suitors or

witnesses, or others concerned, had been cited or summoned thereto.

Sect., 3. And be it further enacted, That all writs, process, &c. &c, which would Writs, &c.re-

» . ' turns thereof

have been returned to the regular term of said courts, shall be returned to the time to regulated.

which the courts are directed to sit by law.

Sect. 4. And be it further enacted, That all laws or parts of laws heretofore passed Repealing
on this subject, militating against this act, be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1817.

WILLIAM RABUN, Governor.

AN ACT (No. 277.)

To amend An act to organize the counties lying between the rivers Oconee and
Ocmulgee, and to form a Judicial Circuit, so far as respects the time of hold-
ing the Inferior Court in Wilkinson county.

' Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, That from and immediately after the passage of this act, the Inferior Court

. - r . . . of Wilkinson

time for holding the' Inferior Court in the county of Wilkinson, shall be on the Tues- county, when

day after the first Monday in January and July in each year, any law to the contrary

notwithstanding.

Sect. 2. And be it further enacted, That all process issuing from said court shall Return of pro-

cesses resru-

be made returnable at the aforesaid time or times of holding the same ; and all jurors iatea\

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817.

(No. 277.) and witnesses summoned to attend said court, are hereby required to give their attend-

Jurors, &c. ance at the court-house in said county, at the times herein pointed out for holding the

their attend- J °

ance required, same.

Assented to, 19th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

(No. 278.)

AN ACT

To alter and amend an act, entitled Jin act to alter the times of holding the Supe-
rior Courts in the Middle and Eastern Circuits of this state, so far as respects
the counties of Camden and Wayne.

Times of hold- Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

rior Courts in Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

circuiTreeu- T^at from and after the expiration of the present circuit of the Superior Courts in the

Jated. eastern circuit of this state, the said Superior Courts shall be holden as follows j

SPRING CIRCUIT.

Spring Cir-
cuit.

On the second Thursday in March, in Wayne ; on the Monday thereafter, in Cam-
den ; on the Monday thereafter, in Glynn ; on the Monday thereafter, in McIntosh ;
on the Monday thereafter, in Liberty; on the Thursday thereafter, in Bryan ; on the
Monday thereafter, in Bulloch ; on the Thursday thereafter, in Effingham ; and in Chat-
ham, on the fourth Monday in May.

FALL CIRCUIT.

Fall Circuit. On the Thursday before the last Monday in October, in Wayne ; on the Monday

thereafter, in Camden ; on the Monday thereafter, in Glynn ; on the Monday thereafter,
in McIntosh ; on the Monday thereafter, in Liberty ; on the Thursday thereafter, in
Bryan ; on the Monday thereafter, in Bulloch ; on the Thursday thereafter, in Effing-
ham ; and in Chatham, on the first Monday in January.

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1817. 359

Sect. 2. And be it further enacted, That the grand and petit jurors, with all suits, (No. 278.)
iminal or civil,
tall be made re
notwithstanding.

criminal or civil, and recognisances made returnable to courts in Wayne as heretofore, Jurors, suits,

&.C in Wayne
shall be made returnable to the courts as altered by this act, any law to the contrary county.

Assented to, 19th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor.

Courts of EI
county

AN ACT (No. 279.)

To alter the time of holding the Inferior Courts of the county of Elbert.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the firs,t day of January, in the year eighteen hundred and eighteen, inferior
the time of holding the Inferior Court of Elbert county shall be as follows : On the first J^"1
Monday in February and on the first Monday in July in every year ; and that all writs, when held
process and returns, which would have been legal at the first term of said court, in the writeT&c.
year eighteen hundred and eighteen, shall be held and considered legal at the next term reSulated'
of said court, as pointed out by this act ; and that jurors and witnesses shall be bound to
attend at the first term of said court, if they have been legally summoned, as if said court
came at the usual time,

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to,. 19th December, 1817.

WILLIAM RABUN, Governor,

360

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1818.

(No. 280.)

AN ACT

To alter the time of holding the Inferior Courts, and the spring term of the
Superior Court of the county of Madison, and the spring term of the Inferiw
Court of the county of Wilkes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same

Inferior Court That from and after the passing of this act, that the Inferior Courts of the county' of

county, when Madison shall be held on the Thursday- after the first Monday in February and July in

each year ; and that the spring term of the Superior Court, in said county of Madison,

of the Supe- shall be held on Thursday after the first Monday in April in each year,
rior Court.

Spring term
of the Inferior
Court of
Wilkes county

Suitors, &c.
required to
attend at the
times afore -
Said,

Sect. 2. And be it further enacted, That the spring term of the Inferior Court of the
county of Wilkes, shall be held on the first Monday in April in each year.

Sect. 3. And be it further enacted, That all suitors, jurors and witnesses heretofore
summoned, or that may hereafter be summoned, cited, or otherwise required by the pro-
per authority, before the expiration of the time allowed to serve any precept or process
or writ, made returnable to said courts of the said counties, shall be transmitted and
turned over to the said courts to be held as aforesaid, to be acted upon in the same way
and manner as if such suitors or witnesses, or others concerned, had been cited or sum-
moned thereto.

Repealing
clause.

Sect. 4. And be it further enacted, That all laws and parts of laws militating against
this law be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 15th December, 1818.

WILLIAM RABUN, Governor.

JUDICIARY LAWS. (CIRCUITS FORMED.) 1818. 35 j

AN ACT (No. 281.)

To lay off six Judicial Circuits in this state, including those already laid out.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met. and it is hereby enacted by the authority of the same, That The state laid

. ...... °ff into six

the state of Georgia be, and the same is hereby laid off into six judicial circuits or dis- judicial cir-

tricts, as follows, -to wit : the counties of Twiggs, Laurens, Pulaski, Montgomery, Telfair, s tj

Appling, Irwin and Early, shall form and compose one circuit, to be called and known by Circuit.

the name of the Southern Circuit ; the counties of Wayne, Camden, Glynn, McIntosh, Eastern

Circuit.
Liberty, Bryan, Chatham and Effingham, shall form and compose one other circuit, to

be called and known by the name of the Eastern Circuit; the counties of Burke, Jeffer- Middle

son, Washington, Emanuel, Tatnall, Bulloch,* Scriven and Richmond, shall form and

compose one other circuit, to be called and known by the name of the Middle Circuit ;

the counties of Elbert, Lincoln, Columbia,* Warren, Hancock, Oglethorpe and Wilkes, Northern.

shall form and compose one other circuit, to be called and known by the name of the

Northern Circuit; the counties of Jackson, Franklin, Madison,* Clarke, Walton, Gwin- Western

nett, Hall and Habersham, shall form and compose one other circuit, to be called and

known by the name of the Western Circuit ; and the counties .of Morgan, Jasper, Jones, Ocmulgee

Baldwin, Wilkinson, Putnam and Greene, shall form and compose one other circuit, to

be called and known by the name of the Ocmulgee Circuit.

Sect. 2. And be it further enacted, That at the meeting of the General Assembly, in Judges, &c. to

. .be elected by

November, eighteen hundred and nineteen, they shall, as soon as may be convenient, the legislature

proceed to the election of six judges of the Superior Courts, one attorney and five soli- in

citors general, for the organization of the said several circuits.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.
Assented, to, 19th December, 1818.

WILLIAM RABUN, Governor,

* See the act following this, by which Columbia is attached to the Middle Circuit, Madison to the Northern,
and Bulloch to the Eastern,

3 A

162

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819.

(No. 282.)

AN ACT

Times of hold-
ing- the Supe-
rior and Infe-
rior Courts in
the several
circuits of the
state, regu-
lated.

To alter and fix the time of holding the Superior and Inferior Courts in the se-
veral Judicial Circuits in this state, and to add the county of Madison to the
Northern, and the county of Bulloch to the Eastern, and the county of Colum-
bia to the Middle Circuits.

Sect. 1. BE it -enacted by the Senate and House of Representatives' of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of thisj act, the times for holding the Superior and In-
ferior Courts in the several circuits in this state, shall be as follows :

WESTERN CIRCUIT.

Western Cir-
cuit.

In the county of Rabun, on the third Monday in February and Aifgust ; Habersham,
on Thursday after the third Monday in February and August ; Franklin, on the fourth
Monday in February and August ; Walton, on Thursday after the first Monday in
March and September ; Gwinnett, on second Monday in March and September; Hall,
on third Monday in March and September ; Jackson, on fourth Monday in March and
September; Clark, on first Monday in April, and Tuesday after first Monday in Oc-
tober.

NORTHERN CIRCUIT.

Northern Cir-
cuit.

In the counties of Lincoln, fourth Monday in April and October ; Elbert, second
Monday in March and September ; Madison, third Monday in March and Septem-
ber ; Warren, first Monday in April, and Tuesday after the first Monday in October ;
Hancock, second Mondays in April and October ; Oglethorpe, third Mondays in April
and October ; Wilkes, third Mondays in February and July.

SOUTHERN CIRCUIT.

Southern Cir-
cuit.

In the counties of Laurens, first Mondays in March and September ; Montgomery,
second Mondays in March and September ; Appling, Thursday thereafter ; Telfair,
third Monday in March and September ; Irwin, Thursday thereafter ; Early, first
Mondays in April and October ; Pulaski, second Mondays in April and October ;
Twiggs, third Mondays in April and October.

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819. 353

OCMULGEE CIRCUIT. (No. 282.)

In the counties of Morgan, first Monday in February and August ; Greene, second Omulgee Cir-
Monday in February and August ; Putnam, third Mondays in February and August ;
Baldwin, fourth Mondays in February and August ; Wilkinson, Wednesday after first
Monday in March, and on first Monday in September ; Jones, second Mondays in
March and September ; Jasper, third Mondays in March and September.

MIDDLE CIRCUIT.— SPRING CIRCUIT.

Second Mondays in March, in the county of Columbia ; fourth Mondays in March, Middle Cir-
in Washington ; Thursday after the first Monday in April, in Tatnall ; Monday there- .' cir_

after, in Emanuel ; Monday thereafter, in Scriven ; Monday thereafter, in Burke ; cuit thereof
Monday thereafter, in Jefferson ; third Monday in May, in Richmond.

MIDDLE CIRCUIT.— FALL CIRCUIT.

Second Monday in September, in the county of Columbia ; fourth Monday in Sep- Fall circuit

thereof",
tember, in the county of Burke ; Wednesday after the first Monday in October, in Jef-
ferson ; second Monday in October, in Washington ; third Monday in October, in
Emanuel ; fourth Monday in October, in Tatnall ; first Monday in November, in Scri-
ven ; second Monday in November, in Richmond.

EASTERN CIRCUIT.— SPRING CIRCUIT.

cuit.

Spring1 Circuit

In the county of Wayne, on the second Tuesday in March ; on the Monday there- Eastern dr-
after, in Camden ; on the Monday thereafter, in Glynn ; on the Monday thereafter, in
McIntosh ; on the Monday thereafter, in Liberty ; on the Thursday thereafter, in thereof.
Bryan ; on the Monday thereafter, in Bulloch ; on the Thursday thereafter, in Effing-
ham ; and in Chatham, on the fourth Monday- in May.

A EASTERN CIRCUIT.— FALL CIRCUIT.

On the Thursday before the last Monday in October, in the county of Wayne ; on Fall Circuit
the Monday thereafter, in Camden ; on the Monday thereafter, in Glynn ; on the thereof*
Monday thereafter, in M°Intosh ; on the Monday thereafter, in Liberty ; on the
Thursday thereafter, in Bryan ; on the Monday thereafter, in Bulloch ; on the Thurs-
day thereafter, in Effingham ; and in Chatham on the first Monday in January.

3 A 2

364 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819.

(No. 282.)

gl,

INFERIOR COURTS.— NORTHERN CIRCUIT.

Inferior
Courts of the
Northern Cir-
cuit.

In the county of Lincoln, on the first Tuesday in January, and first Monday in
July , Elbert, second Mondays in January and July ; Madison, third Mondays in
January and July ; Warren, second Mondays in February and August ; Hancock, first
Mondays in February and August ; Oglethorpe, third Mondays in January and June ;
Wilkes, third Mondays in May and October.

OCMULGEE CIRCUIT.

Inferior
Courts of the
Ocmulg'ee
Circuit.

In the county of Morgan, on the first Monday in -May, and first Tuesday in
October ; Greene, second Mondays in May and October ; Putnam, third Mondays
in May and October ; Baldwin, fourth Mondays in May and October ; Wilkinson,
second Mondays in June and December; Jones, third Mondays in June and De-
cember ; Jasper, fourth Mondays in June and December.

MIDDLE CIRCUIT.

Inferior

Courts of the
Middle Cir-
cuit.

In the county of Columbia, third Mondays in June and December ; Richmond,
fourth Mondays in June and December; Burke, first Mondays in January and July;
Scriven, second Mondays in January and July ; Jefferson, third Mondays in January
and July ; Washington, fourth Mondays in January and July ; Emanuel, first Mon-
days in February and August ; Tatnall, second Mondays in February and August.

WESTERN CIRCUIT.

Inferior
Courts of the
Western Cir-
cuit.

In the county of Rabun, Thursdays after second Mondays in May and November ;
Habersham, third Mondays in May and November ; Franklin, fourth Mondays in May
and November; Walton, first Mondays in June and December ; Gwinnett, second
Mondays in June and December; Hall, third Mondays in June and December; Jack-
son, first Mondays in February and July ; Clark, fourth Mondays in January and July.

SOUTHERN CIRCUIT.

Of the South-
ern Circuit.

Laurens, first Mondays in June and December ; Montgomery, second Mondays in
June and December ; Appling, third Mondays in June and December ; Telfair, first
Mondays in February and August ; Irwin, first Mondays in January and July ; Early,
second Mondays in January and July; Pulaski, third Mondays in January and July j
Twiggs, fourth Mondays in January and July.

•

JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819. 355

• ' ', .' 'ik Ui", , . / , 1, ■ ■ . . ! ' 1 i . : ■ -z.

(No. 282.)
EASTERN CIRCUIT.

Third Mondays in May and December, in the county of Liberty; in Wayne, last Eastern Cir-
cuit,
Mondays in May and December ; Camden, first Mondays in January and June ; Glynn,

second Mondays in January and June ; McIntosh, third Mondays in January and June ;

Bryan, fourth Mondays in January and June ; Bulloch, first Mondays in February and

July ; Effingham, second Mondays in February and July ; Chatham, third Mondays in

February and July.

Sect. 2. And be it further enacted, That all petitions, processes, bills, summons, Petitions, pre-

subpcenas, and all other processes whatsoever, returnable heretofore to said courts at their return

any other times than those herein before mentioned, be, and the same are made return- regu ate

able to the courts, and at the times above stated; and all parties, jurors, witnesses and Parties, ju-
. ' r J ' . rors, &c. re-
other persons required to attend at any other times, are required to appear as herein quired to at-

. tend at the

appointed. periods pre-
scribed in this
act.

Sect. 3. And be it further enacted, That the county of Madison be, and the same Madison coun-

is hereby attached to the Northern Circuit. the Northern

/* Circuit.

Sect. 4. And be it further enacted, That the county of Bulloch be, and the same is Bulloch at-

hereby added to, and become a part of the Eastern Judicial Circuit, any law to the Eastern, and

contrary notwithstanding ; and the county of Columbia be, and the same is hereby the^ddfe0

added and restored to the Middle Circuit. - Circuit.

Sect. 5. And be it further enacted, That the changes in the times of holding the In- The change in

the time of
the Inferior

ferior Courts of the counties of Greene and Columbia, shall not take effect until the

end of the ensuing term of the said Inferior Courts of said counties, to be holden on Courts of

, ; ' • Greene and

the third Monday m this inst. Provided nevertheless, that the first Inferior Court in the Columbia,

county of Lincoln, shall be held on the second Monday in February ; in Elbert, on the place. °

first Monday in February; in Jasper, on the fourth Monday in June next ; and that Proviso-

nothing herein contained shall affect or alter the time of holding the next Inferior

Court of Morgan county, any thing in the said act to the contrary notwithstanding.

Sect. 6. And be it further enacted, That it shall be the duty of the clerks of the clerks shall

Superior and Inferior Courts of the several counties of this state to advertise, once, at Oration ^

some public place in each captain's district of. their respective counties, any alteration mac!e hJ th!s

. l ? - act in the

366 JUDICIARY LAWS. (TIMES OF HOLDING COURTS.) 1819.

(No. 282.) that may be made by this act in the times of holding the courts, of which they are act-
times of hold- ingas clerk
ing the courts °
of which they
are clerks. DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 14th December, 1819.

JOHN CLARK, Governor.

(No. 283.) AN ACT

To authorize the Judge of the Superior Courts of the Southern Circuit to hold
an extra court in the county of Pulaski.

An extra ses- Sect. 1. BE it enacted by the Senate and House of Representatives of the state, of
sion of the Su- % # . . . # • J

perior Court Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

in Pulaski

county autho- That the judge of the Superior Courts for the Southern Circuit be, and he is hereby
ri • authorized to hold an extra court on the third Monday in January next, in the county

Processes, &c. of Pulaski, and that all processes, recognisances, and other matters, which were return-
able to October term last, be, and the same are hereby made returnable to the said ex-
Jurors, who tra court ; and all jurors who were summoned to attend the said October term, shall
ed to attend at De compelled to attend the said extra court, they being respectively notified of the same,
the regular ^y the sheriif of said county, at least twenty days before the sitting of said court: Pro-

to attend said vided, that nothing herein contained, shall be so construed as to legalize any acts or

extra session. • #

Proviso doings of the sheriff, nominated by the justices of the Inferior Court of said county.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
1 _ Assented to, 21st December, 1819.

JOHN CLARK, Governor.

[ 367 ]

JUDICIARY LAWS

AN ACT
To amend the fifty-sixth section of the Judiciary Law of this state.

WHEREAS, inconvenience hath been' experienced in our courts by administering Preamble,
the oath to the special jury in every cause submitted to them : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That The oath of
the oath to be administered to special jurors, (except in cases of divorce,) shall be in (except in
the words following, to wit: " You shall well and truly try each cause submitted to you yorce }
during the present term, and a true verdict give, according to equity, and the opinion
you entertain, of the evidence produced to you, to the best of your skill and knowledge,
without favour or affection to either party : Provided, you are not discharged from the Proviso,
consideration of the case or cases submitted ; so help you God."

Sect. 2. And be it further enacted, That the said fifty- sixth section of the judiciary Repealing
law be, and the same is hereby repealed.

ROBERT IVERSON,

Speaker of the. House of Representatives

MATT'HEW TALBOT, .

President of the Senate,
Executive Department, Georgia.

Assented to, 4th December, 1811.

D. B. MITCHELL, Governor

clause;

368

JUDICIARY LAWS. 1811.

(No. 285.)

AN ACT*

To alter and amend the several Judiciary Acts now in force in this state, so far

as relates to Justices'3 Courts.

Preamble.

WHEREAS, the said acts are not found to answer the purpose for which they were
intended :

Jurisdiction of
the justices of
the peace,

Proviso,

Proviso, as to
appeals.

Stay of execu-
tion.

Debts which
originally ex-
ceeded g30,
but which
have been re-
duced to, or
under that
sum by pay-
ments, may be
sued for in
Justices'
courts.

Jurisdiction
also given,
when large
debts are di-
vided into
small notes,

&.C.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same
That from and after the passing of this act, the justices of the peace in the respective
company districts, or any one or more of them, shall have authority and jurisdiction to
to hear and determine all suits on any liquidated demand or account, for any sums of
money not exceeding thirty dollars,! by summons or warrant; Provided, that no justice
of the Inferior Court, clerk, sheriff, or practising attorney, being a justice of the peace,
shall try any warrant, or give judgment thereon in any civil case whatsoever ; and the
said justices are hereby authorized and empowered to give judgment and award execu-
tion thereupon : Provided nevertheless, that either party being dissatisfied, shall be allow-
ed an appeal on payment of costs, and giving security for the eventual condemnation
money within three days after judgment; or the party cast may stay the levy of exe-
cution forty days, on payment of costs, and giving security within four days after judg-
ment ; but no stay of execution shall be allowed after an appeal trial, for a longer time
than twenty days ; in which case, the security on the appeal, together with the security
for the stay of execution, shall be liable for the debt and cost. And it shall be lawful
for any person or persons, who has or have in his, her or their hands, any bond, note,
or account, which was given for any sum exceeding thirty dollars, and the amount of
which has been reduced by any payment or payments, or effects, to the sum of thirty,
dollars, or under, and which payment or payments, are endorsed on the back of such
bond, note, or account ; or where any bond, note, account, or other agreement, (gam-
ing debts excepted,) which, in its original, exceeded the sum of thirty dollars, but has
been reduced by bond or bonds, note or notes, although of equal date, and payable at
the same time, to a sum or sums under, or of thirty dollars each, that then, and in every

* See act of 1816, No. 292, supplementary to this act.

f Judgments may be given for $>30, exclusive of interest and costs ; see act of 1819, No. 295, which
makes the first term the appearance term, and the second term the judgment term. The appearance dockets
shall be called at the first term, and judgments by default entered as in the Superior Courts.

JUDICIARY LAWS. 1811. 339

such case, it shall and may be lawful for any person or persons, who has or have in his, (No. 285.)
her or their hands, any such note or notes, bond or bonds, or accounts as aforesaid, to
bring suit thereon in the justices' court, in the district where the debtor or debtors may
reside ; and the justice or justices are hereby authorized to give judgment for what-
ever sum in his judgment appears to be due.

Sect. 2. And be it further enacted, That all such appeals shall be tried before any one Appeals, how
or more justice or justices, in the company district in which the cause originated, by
five jurors, to be drawn, impannelled and sworn, as herein after directed, and in no
other manner whatsoever, whose verdict shall be final and conclusive between the par-
ties (except removed by certiorari): Provided always, that no justice or justices of the Courts to be

. ' . . . held monthly.

peace shall hold any justices court, or pass any judgment in any civil case, on any

other, or more than one day in each month, which day they may appoint in their respec-
tive districts, nor at any other pla^ than that specially mentioned in the warrant or

summons, which place shall be as near central as convenience will admit ; which war- Service of pro

cess regulat-
rant or summons shall be served by any constable of the district in which the defendant ed.

may reside, duly appointed and sworn to the faithful execution of his office, either by

giving a copy to the defendant in person, or by leaving a copy thereof at his, her or

their usual and notorious place of abode, at least ten days before the day of trial ; and Entry of ser-

, vice on the

it shall be the duty of the constable serving the summons or warrant, to make an entry warrant.

of service thereon in writing, and sign such return.

Sect. 3. And be it farther enacted, That where a suit shall be instituted in any jus- Suits, how in-
tices' court, on any bond, note, or other written obligation, subscribed by several per- JJlSfo? ioint

sons living in different counties or districts, the plaintiff shall have his option to insti- promissors,

,...., . &c. living in

tute his suit in either of the counties or districts, and a copy of the original process different dis-

being served on either or each of said obligors or promissors, by an officer duly autho- t!S.S ° °°U

rized, who shall make a return thereof, under his hand, to the person applying for such

service, or the court from which the original issued ; and on such return being made,

the justice or justices shall be authorized to enter up judgment against the several

obligors or promissors, or either of them, who shall be summoned as aforesaid.

Sect. 4. And be it further enacted by the authority aforesaid, That it shall and may Said justices

be lawful for any justice of the peace, upon complaint made on oath by any person, that Kments**

his or her debtor resides out of this state, or is actually removing without the limits of Oath of the

the same; or any county thereof, or absconds or conceals himself, or stands in defiance credltor°

,of a peace officer, so that the ordinary process of law cannot be served upon him, to

grant an attachment against the estate of such debtor, or so much thereof as shall be

of sufficient value to satisfy the plaintiff's demand and cost ; which attachment shall be Attachments,

directed to and levied, by any lawful constable of the county where the property may recTed and'"

1 how levied,

3 R

370 JUDICIARY LAWS. 181 i.

■ ■ ■ ' i ' •'• ■ ■' ■ ■ ■- • ■ ■■ ■ ; aa -■ ■ ■• —

(No. 285.) be found, upon the estate of such debtor, wherever to be found, either in the hands of
Garnishee. any person indebted to, or having effects of such debtor in their possession, and sum-
mon such person or persons to appear at the court to be held in and for the said district
to which said attachment may be made returnable, there to answer on oath what he
she or they are indebted to, or what effects of such debtor he, she or they hath in their
hands, or had at the time of levying such attachment ; which being returned executed
the court may by order compel such person or persons to appear and answer as afore-

W here a gar- said. And where any person, in whose hands such attachment maybe levied, shall

nishee denies . . . . •'

that he is in- deny, on oath, owing any money to, or having in his, her or their hands, any effects of

has any effects sucn debtor, it shall and may be lawful for the plaintiff, or his attorney or agent, to tra-
of the debtor, verse SUch denial, and thereupon an issue shall be made up, and the same shall be tried

said denial ' 1 x 7

may be tra- at the next term, by a jury of five persons, drawn, impannelled and sworn in like mam*
versed and an . ' • ....... .

issue made up. ner as in appeals ; but on good cause being shown on oath, the trial may be put off one

Trial thereof, term, at the instance of either party, and no longjr ; and if found against such garni-

Proceedings if* « *

found against shee, he, she or they shall be subject to pay the plaintiff such sum as shall be so found,

the garnishee. an(j cost . an(j tne court shall order judgment to be entered thereupon against such gar-
Said justices nishee as against the original debtor : Provided, that such justice of the peace shall,
bond and se- before granting such attachment, take bond and security of the party to whom the same
e"nty. may be granted, in double the sum sworn to by the attaching creditor, payable to the

ditor. defendant, for satisfying and paying all costs and damages which may be incurred by,

or happen to the defendant, in case the plaintiff suing out such attachment should dis-
continue or be cast in his, her or their suit ; which bond shall be returned to the court
to which such attachment may be returnable ; and such attachment shall be tried at or
before the second justices' court after the one to which it may be made returnable ;
and the party entitled to such costs and damages may bring suit and recover thereon:
and every attachment issued without such bond being taken, or where no bond shall be
returned to the court with the attachment, the said attachment is hereby declared to be
Attachments, illegal, and shall be dismissed with costs : Provided always, that every attachment which
and advertis- may be issued as aforesaid, shall be attested by the justice issuing the same, and shall
be, by the officer levying the same, publicly advertised at the place of holding the courts
in said district, and at one or more public places in the county, at least fifteen days
previous to the court to which said attachment may be made returnable ; and if any at-
tachment shall be issued within fifteen days of the next court, such attachment shall be
Goods, &c. returnable to the succeeding court, and shall be tried as heretofore directed. And all
pieviable.16" g°°ds and chattels, lands and tenements attached, shall be repleviable by the defendant's
giving bond, with good and sufficient security, to the officer levying the same, which
bond he is hereby empowered to take, compelling the defendant to appear at the court
to which such attachment may be made returnable, and to abide by and perform the
Proviso, as order of such court : Provided nevertheless, that all goods and effects attached and not
vied goods of replevied agreeable to the provisions of this act, where the same shall be of a perisha-

JUDICIARY LAWS. 1811. 371

ble nature, the said justice or justices of the peace shall, on motion of the plaintiff, his, (No. 285.)
her or their attorney or agent, order a sale of the same ; and the proceeds of such sale nalj^™shable
shall be paid into said court, and by them applied to the discharge of the plaintiff's de-
mand, if established, and costs ; and the balance, if any, returned to the defendant or
his attorney : Provided nevertheless, that all sales of perishable property under attach-
ment, shall undergo the same formalities of other constables' sales under executions ;

and whenever any attachment shall be returned served in the hands of a third person, Judgment and

.... 1 . r execution,

it shall be lawful, on his or her appearance and examination, in the manner herein alter where attach-

directed, to enter up judgment as against the original debtor, and award execution for the vied in the

money due by him or her to the absent debtor, and against such property or effects as may J^jJ °efrgon

be in his or her hands or keeping, belonging to such absent debtor, or so much thereof as howrendered,

&c.
will be of value sufficient to satisfy the judgment or judgments and costs. And all such gales 0f g.00(js

goods and chattels, levied on as aforesaid, and not replevied, shall, after the plaintiff has attached, &c,

established his demand, be, by order of the court, sold and disposed of, for and towards

satisfying the plaintiff's judgment, in like manner as if the same had been taken under

execution ; and where the property so attached and sold as aforesaid, should prove in- Proceedings,

sufficient to satisfy the debt and costs, or where the same shall be of the nature of real perty attached

estate, then, and in that case, it shall be the duty mf said justice to issue execution or sufficient to "'

executions for the amount of said judgment and cost, or so much thereof as remains satisfy the

• debt, or where

unsatisfied. And when any person, as garnishee, returns debts due to the absent debtor, the same is of
the court shall order the same to be sued for, and when recovered subject to the order real property,

of the court. - Debts, return,

ed by gar-
nishee, how
disposed of.

Sect. 5. And be it further enacted, That in all cases brought before any justices' ituleofevi-

court, the best evidence the nature of the case will admit of shall be required ; nor shall ence'

.' . Accounts,

any person, plaintiff or defendant, be permitted, to prove his or her account by his or her when to be

own oath, without first making oath in writing, that he or she hath no other evidence {,atj1#

whereby to establish the same, that is in his or her power to procure ; and in all cases Sets off.

of mutual debts and setts off, the said justice or justices may enter up judgment for the

defendant, wThere it shall satisfactorily appear that there is a balance due him or her ; and Continuances,

on good cause being shown on oath by either party, the said justices may postpone the

trial three terms, and no longer ; and where an execution is levied on property claimed by claims.

a person not a party to said execution, it shall be the duty of the constable to postpone

the sale of such property, and make return thereof to the first court in said district :

Provided, the person putting in such claim shall first make oath,* in writing, that said oath of

claimant.

* See act of 1814, No. 290, which repeals so much of this section as relates to the oath of claimants, and
prescribes the oath to be taken by them. See also act of 1811, No. 82, title " Clerks, &c,"

3 B 2

JUDICIARY LAWS. 1811.

(No. 285.) property is not liable to said execution, (and shall also give bond and security in double
5ve° bond and t^le amount °f said execution,) which bond the constable is hereby authorized to take,
security. payable to the plaintiff in execution, with condition to pay all costs and damages

which he or she may sustain, in case it should appear such claim was frivolous and in-
tended for delay only, recoverable in any court having cognizance thereof; and it shall
be the duty of the said court to cause the right of property to be tried at the next term,
by five jurors, to be drawn and impannelled in like manner as appeals, and on good
cause being shown on oath, the court may postpone the trial for one term, and no longer.

Trial of the
right of pro-
perty.

Said justices Sect. 6. And be it further enacted, That the said justices shall have power and au-

baii. thority to hold to bail for debts within their jurisdiction, under such restrictions and

regulations as prevail in the Superior and Inferior Gourts.

May issue
summons for
witnesses.

Liability of
witnesses for
non-attend-
ance.

Proviso,

Proviso.

interrogato-
ries, when al-
lowed, and

liow taken.

Sect. 7. And be it further enacted, That any justice of the peace may issue sum-
monses for witnesses resident within the county, in any case to be tried before him, which
shall be served five days before the day of trial ; and such witnesses shall be subject to
a fine of not exceeding ten dollars for default, at the discretion of said justice, and more-
over be liable to the party grieved, toy action in any court having jurisdiction of the same,
for any damages he may sustain by such default, who may issue execution for the amount
of said fine : Provided, sufficient excuse shall not be made at or before the next court
day : Provided also, that all witnesses, duly summoned and attending said court, who
may reside out of the district where such court may be held, shall receive seventy-five
cents per day for their attendance : And provided also, that there shall not be taxed in the
bill of cost the expense of more than two witnesses to prove the same fact ; and it shall
be the duty of all persons summoned as aforesaid, to attend from time to time until the
cause shall be determined, or they be otherwise discharged by the court ; and all fines
shall be paid into the hands of the Inferior Court for the use of the county : and when
any witness resides out of the county, whose evidence may be material for either party,
in any cause pending in the said justices' court, it shall and may be lawful for the party
wishing to obtain such testimony, to obtain a commission from the justice issuing the
summons, first giving the adverse party, his agent or attorney, five days' notice, accom-
panied with a copy of the interrogatories intended to be exhibited, which commission
shall be directed to any two or more freeholders, one of whom shall be a justice of the
peace, to examine, on oath, all and every such witness or witnesses j and such examina-
tion, when so taken, shall be sealed up by the commissioners, and directed to the magis-
trate by whom it was issued, and on returning the same shall swear that it has undergone
no alteration from the time of his receiving it of the commissioners ; and the commission
and interrogatories so issued, executed and returned, shall be read on the trial, at the in-
stance of either party.

JUDICIARY LAWS. 1811. 373

Sect. 8. And be it further enacted, That the method of drawing jurors for the trial (No. 285.)

of appeals, and all other cases in justices' courts, in each district, shall be as follows: Drawing ju-

rors for the
the justice or justices residing in each captain's district, in conjunction with the com- trial of appeals

manding officers of said district, shall, once in every two years, procure or make out regu a e *

a list of all persons liable to serve as jurors in the Superior Courts, who may be

residents in their respective districts, and shall write the name of every person so

liable on a separate piece of paper, which shall be deposited in, a box in an apartment

marked No. 1. and shall draw therefrom not less than five, nor more than seven of the

names so before deposited, from time to time, to try the causes so depending before

them, which names, so drawn, shall be entered in a book by the justice presiding at the

drawing thereof, and shall be deposited in an apartment of said box marked No. 2, and

after all the names are drawn from No. 1, they shall commence drawing from No. 2, and

so on alternately : Provided, that no justice shall presume to draw any jury but on a Proviso.

court day and in public, and by a person not interested in any suit to be tried by said

l'ury ; and any person so drawn and summoned by a constable five days before court, Liability of

i_ ... .. jurors for non

neglecting to appear, shall be fined by the justice or justices in a sum not exceeding attendance,

three dollars, unless such juror shall show sufficient cause of excuse, on oath, at the next

term ; and in all cases of deficiency of jurors, the constable, by the direction of the

justices, shall fill and complete such jury from the by-standers : Provided, there shall not

be less than three of the original pannel on such jury; and they shall, for every verdict Jury fee.

by them given in, be entitled to twenty-five cents, to be paid by the party in whose

favour such verdict may be given, and to be taxed in the bill of costs.

Sect. 9. And be it further enacted, That the oath to be administered to the jury on
the trial of appeals, also for the trial of the right of property and on a traverse trial in
justices' courts, shall be as follows : " You shall well and truly try the cause now pending Oath of the
between A. B. plaintiff, and C. D. defendant, and a true verdict give, according to trial of ap=
equity and the opinion you entertain of the evidence produced to you, to the best of PeaIs> c*
your skill and knowledge, without favour or affection to either party, provided the case
is not withdrawn ; so help you God."

Sect. 10. And be it further enacted, That where any person or persons, charged Whenaper-
with any offence, and brought before a justice or justices of the peace, shall be dis- f™ brought

charged for want of sufficient cause of commitment, the justice or justices may in his tice ofthe

... peace is elis-

or their discretion discharge the party with cost, or direct the cost to be paid by the charged for

want of cause
prosecutor. of commit-

<r . ment, costs by whom payable,

Sect. 11. And be it further enacted, That no person shall be permitted, in any trial Bonds, notes,
in said justices' court, to deny his bond, note or bill, for money or other thing, unless nied on oatb"
such person shall first make oath in writing to the truth of such denial,

374

JUDICIARY LAWS. 1811.

(No. 285.) Sect. 12. And be it further enacted, That in case any person or persons, after beino-

If any person, summ0ned to answer any complaint for debt before any justice of the peace, shall, be-
after being .

summoned, fore the sitting of such court, remove out of the district, such justice may nevertheless
shall remove . , . . . , . .r , „ r . _

from the dis- give judgment against him, her or them ; and it any person shall, alter judgment of such

court, ludi?- court, remove out of the district or county before satisfaction made, such justice may

ment shall ne- in either case issue execution against such person or persons, which execution being

* fc I vllt,lC»5S Uw *

entered up backed by any justice of the county where such person or persons, or his, her or their

Executions property may be found, may be levied by any lawful constable of said county.

may be sent

from one district, &c. and levied.

Ten days' re- Sect. 13. And be it further enacted, That if any person or persons shall live or re-
sidence in any , f . ' *
district shall side within any county or district for the space of ten days, the same shall constitute a

son liable to" sufficient residence so as to authorize the justices of said county or district to proceed

be sued there- against him, her or them, before any company district court, as herein before pointed

out, for all debts within their jurisdiction.

Persons resid- Sect. 14. And be it further enacted, That in case there be no justice of the peace re-

trict having- sident in any captain's district, then it shall and may be lawful for a justice in any ad-

mayUbe<sued jommS district, to proceed in like manner as if the defendant was an inhabitant of his

p an- adjapx- district ; and all cases, in which a justice of the peace may be a party, shall be tried in

When a jus- the nearest justices' court to the residence of the defendant in sajd county, and not
tice is a partv, . , . , .... . . . . .. .

the case within the district in which he may reside.

where tried.

Justices liable Sect. 15. And be it further enacted, That the justices of the peace of the respective
to indictment . . -,..■■

formalprac- counties shall be, and they are hereby declared to be, liable to prosecution and trial, by

indictment, for malpractice in office ; and '\t shall be the duty of the attorney or solici-
tor general, on complaint made to them, or either of them, on oath, by any person or
persons, to frame and prefer a bill of indictment to the grand jury of the county in
which the justice or justices complained of may reside, containing the merits of the
complaint specially set forth ; which indictment, if found by the grand jury, after hear-
ing the evidence and the parties, shall be tried by a petit jury, and if convicted on such
indictment, the judgment of the court may extend to fine and removal from office, or
either, at discretion.

Sect. 16. And be it further enacted, *That when it shall appear, by the return of a

* In suits against joint obligors or promissors, if any of the joint parties make it appear that they are o^y se-
curities, the justice shall enter judgment and issue execution against them as such ; and if the execution be sa-
tisfied by the securities, they shall have the control thereof to get their money out of the principal, against
whom judgment, &c. must also have gone. See act of 1816, No. 292,

JUDICIARY LAWS. 1811. 375

constable on any execution or executions, that the same has been paid by a security or (No. 285.)

securities, it shall be the duty of the justice or justices to make an entry thereof in rity p^,8^

their docket book, and such security or securities shall have the use and control of JJJJ'jJ^^

said execution or executions for the purpose of remunerating him, her or themselves tied to the

. control of the

out of their principal, although said execution may have been levied and property sold same, &c.

to satisfy the same.

Sect. 17. And' be it further enacted, That it shall be the duty of constables to ad- Constables'

. sales regulat*
vertise all intended sales, at two or more of the most public places in their proper dis- ed.

trict, and at one or more of the most public places in the county, at least fifteen days

before any sale, and shall give a full and clear description of the property to be sold ;

and all constables' sales shall be at the place of holding justices' courts in the several

company districts, and on a court day, and that between the hours of ten and three

o'clock.

Sect. 18. And be it further enacted, That no constable shall be authorized to levy Constables

. shall not levy

on any negro or negroes, or real estate, unless there is no other personal estate to be on negroes or

found sufficient to satisfy the debt, and then, and in that case, they are hereby autho- uniessthe'

rized to lew on the same, wherever to be found, and deliver over the execution or exe- other personal

,•■■:,,' J ' ' estate is msuf-

cutions to the sheriff of the county, with a return of the property levied on, who shall ficient.
proceed to sell the same, with such formalities as are prescribed for the sale of real property to
estates. be^by the she-

Sect. 19. And be it further enacted, That all judgments which may be obtained in, Judgments-,

and executions issued from any justices' court, after the passing of this act, shall bear tices' courts

equal dignity with judgments obtained in and executions issued from the Superior or Plaoe^ on.tne

Inferior Courts, and shall bind all the property of the defendant from the date of the with those of

. the Superior

said judgment ; and also all the property of his, her or their securities from the time and Inferior

of their entering themselves as such until the same shall be satisfied.

Sect. 20. And be it further enacted, That a reasonable compensation shall be allow- Constables to

be paid for
carrying pro-
perty to the
place of sale.

ed to constables, for carrying property levied on to the place of sale, when there appears

carrying pro-
an absolute necessity for so doing, to be adjudged of by the justice or justices resident JJJJJj of sale
in said district.

Sect. 21. And be it further enacted, That it shall be the duty of the constables of Duties and

v «. . T. . liabilities of

the several districts to levy all executions put into their hands, agreeably to the tenure constables.
thereof, and to make due returns of the same, together with all summonses or warrants,
to the court to which they may be made returnable ; and if any constable shall fail to

376

JUDICIARY LAWS. 1811.

(No. 285.) execute and make returns, or to pay to or account with any person for whom he may
have received money on any execution, within ten days after the reception thereof, the
person so injured as aforesaid may, upon application to any justice within the district
where said constable may reside, (and in case there should be no justice in said district,
then an application to a justice in any adjacent district,) whose duty it shall be to grant
a warrant to such applicant against such constable; and such justice shall, upon proof
thereof, award judgment and execution for the same, and all cost, against such consta-
ble, and also fine him for such abuse in a sum not exceeding ten per cent, on the amount
so withheld ; and in case of neglect or refusal to serve and return any warrant or sum-
mons as aforesaid, may fine the constable so offending in a sum not exceeding the
amount of the debt due by the defendant ; and all constables shall moreover be subject
to be prosecuted and tried for malpractice in office, in like manner as herein pointed
out for justices of the peace, and liable to like pains and penalties.

Sect. 22. And be it further enacted, That from and after the passing of this act, jus-
tices of the peace and constables throughout this state shall receive the following fees*
for the services herein after mentioned, and no more.

Justices' of the Peace Fees in Criminal Cases.

Justices' fees
in criminal

cases.

For affidavit to obtain a warrant, twenty-five cents ; for making out a warrant, twen-
ty-five cents ; for making out a commitment, twenty-five cents ; for making out recogni-
sance and returning the same to court, twenty-five cents ; for each subpoena for wit-
nesses, twelve and an half cents.

In Civil Cases.

Their fees in
civil cases.

For a warrant or summons, twenty-five cents ; for each cause tried by said justice,
twenty-five cents ; for affidavit to obtain an attachment or to hold to bail, and taking the
bond, fifty cents ; for each execution, ca. sa. or attachment, twenty-five cents ; for tak-
ing interrogatories and certifying the same, one dollar; for drawing jury and making
out venire, twenty-five cents ; for each cause tried by said jury, twenty-five cents ; for
each affidavit, where there is no cause pending, twenty-five cents.

Constables' Fees in Civil Cases.

Constables'
fees in civil
cases.

For serving a warrant, summons or subpoena, twenty-five cents ; for each additional
copy, twenty-five cents ; for attending each trial in a justices' court, twenty-five cents ;

* These fees are increased 25 per cent, by act of 1819, No. 250. They had been increased 50 per cent, by
act of 1818, No. 248,

JUDICIARY LAWS. 1811,

377

for summoning a jury, fifty cents ; for each cause tried by said jury, twenty-five cents ; (No. 285.)
for levying and advertising an attachment, twenty-five cents ; for levying a ca. sa. or
execution, and advertising, twenty-five cents ; for carrying a prisoner to jail, per mile,
four cents ; for carrying a negro to and from jail, when under execution, per mile, four
cents ; for keeping a horse, mare, mule, ass or ox, per day, twelve and an half cents ;
for each head of neat cattle, per day^ three cents ; for each head of sheep, goats or hogs,"
per day, two cents ; and shall moreover be entitled to five per centum on the amount of
sales made by him, under execution.

Sect. 23. And be it further enacted, That in future any person or persons, who Suits may be

'■> ii i settled or

may institute any suit or suits m any justices court, shall be at liberty to settle or withdrawn

withdraw the same at any time, on payment of the cost which may have already accru- Gf costs^"16"

ed. And in all cases where execution or executions may issue, and being returned with plaintiff liable

an entry of service thereon, no property to be found whereon to levy, the plaintiff is executions are

hereby liable and bound for the cost, and that on refusal to pay the same, execution may returned with

■ J 7 V J 1 J an entl.y 0f nQ

issue for the said amount, against the said plaintiff. property to be

found.

Sect. 24. And be it further enacted. That it shall be the duty of any justice of the Duty of jus-
* , . . r , . . i!%.\ tices of the

peace, on return made to him by any overseer of a road or roads, to issue his warrant peace with

against such defaulter or defaulters; and on hearing the excuse or excuses of such de- ^g1

faulter or defaulters, to assess the fine or fines which the existing road laws in said

county require, and issue execution for the same, unless the excuse so offered shall be

satisfactory.

Sect. 25. And be it further enacted, That it shall be lawful for any constable of the Further pow-

crs of cousin*
county to serve any warrant or summons, wherein any justice of the peace or consta- bies>

ble may be a party, and to summons any witnesses, and to serve any bail warrant or at-
tachment, and to make due return thereof to the court to which the same may be made
returnable ; and where it may so happen that there is no constable in the district, it shall
and may be lawful for any constable in the county to act in the said district, in all re-
spects, as if such constable had been appointed for said district.

Sect. 26. And be it further enacted, That the justice or justices in any district, Justices may
• .... . ' ; ,. appoint con-

having no constable, is hereby authorized and empowered to appoint not exceeding two stables, &c.

fit and proper persons-, within the said district, to whom they shall administer the oath

of office, who shall give bond and security as pointed out by law; and the person or

persons so appointed shall continue in office until the next Inferior Court, and until a

successor is duly appointed and qualified. , "' \

3 C

•

,78 JUDICIARY LAWS. 1811.

(No, 285.) Sect. 27. And be it further enacted, That the justices of the peace of the several

May fine and districts shall have power, during the sitting of their respective courts, to fine or impri-
lmpnson, in r r

cases of con- son any person or persons, for contempt of said courts, to be adjudged of by the said

justice or justices, in any sum not exceeding two, dollars, and imprisonment for a term

not exceeding two days, for each offence, which said fine, when collected, shall be paid

over into the hands of the Inferior Court, for county purposes.

tempt of court.

Repealing Sect. 28. And be it further enacted, That all laws and parts of laws heretofore passed,

clause.

regulating justices' courts, which militate against this act, be, and the same are hereby

repealed.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Executive Department, Georgia.

Assented to, 14th December, 1811.

D. B. MITCHELL, Governor.

(No. 286.) AN ACT

To amend the thirty-first section of the Judiciary Act of 1799.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Executions, Georgia, in General Assembly met, That all Executions shall be issued and signed by the
how issued, ... . .

signed, tested, clerks of the several courts in which judgnients shall be obtained, and bear test in the

rected " name °f one °f tne judges or presiding justices of such courts, and shall bear date from

On what the time of issuing, shall be directed to all and singular the sheriffs of this state, and may

be levied on the estate, both real and personal, of the defendant or defendants, or issue

against the body of the defendant, at the option of the plaintiff, which execution shall be

of full force until satisfied, without being obliged to be renewed on the court roll from

Sheriff not to year to year, as heretofore practised. And when the defendant shall point out any pro-
levy on pro- l-i i • r
perty pointed perty on which to levy the execution, being in the hands and possession oi any person

fendant in the not a Party to sucn judgment, the sheriff shall not levy thereon, but shall proceed to levy

hands of a on such property as may be found in the hands and possession of the defendant, who
third person, .

hut on such as shall nevertheless be at liberty to point out what part of his property he may think pro-
as in the pos-

JUDICIARY LAWS. 181 i, , 379

per, which the sheriff shall be bound to take and sell first, if the same is, in the opinion (No. 286.)

of the sheriff, sufficient to satisfy such judgment. session of the

defendant,

who may point out what shall be sold, &c,

Sect. 2. And'be it further enacted, That where any execution shall have issued or may when an exe-

horeafter issue against the body of any defendant, and the same shall not have been ^ body of S

satisfied, it shall be lawful for an execution to issue against the property of such defend- . defe"d*nt

ant or defendants on the return of said execution, which had been issued against the uPon the re-

turn thereof

body of the said defendant or defendants ; and that when an execution against the body an execution
of any defendant shall have^been served, the party on whom the same shall have been property ma\
served shall be released ; Provided, he, she or they shall deliver to the officer serving

issue.

A defendant
the same, property which shall, in the opinion of such officer, be sufficient to discharge in custody un-

the debt and all costs, and give sufficient security to the said officer that the property so tion against

delivered is bona fide the property of the defendant or defendants, and subject to the dis- hov^released

charge of the said debt; in which case the officer shall return the execution so issued

against the body of the defendant or defendants, and take out an execution against the

property of such defendant or defendants, and proceed to advertise and sell the property

so delivered up, to satisfy such execution as heretofore practised.

Sect. 3. And be it further enacted, That all laws or parts of laws heretofore passed, Repealing
militating against this act, be, and the same are hereby repealed. clause.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 14th December, 1811.

D. B. MITCHELL, Governor.

3 C 2

380

JUDICIARY LAWS. 1811

(No. 287.) AN ACT

To alter and amend the twenty-third section of the Judiciary Law of this state,

passed 16th February, 1799.

Preamble. WHEREAS, the judiciary law of this state does not so fully embrace the mode neces-

sary to procure testimony by interrogatories as justice in its fullest extent requires :

BE it therefore enacted by the Senate and House of .Representatives, in general assem-

Testimony of bly met, and by the authority of the same, That after the passing of this act it shall and

witnesses re- • m # * ' - *

siding out of may be lawful, where any witness resides out of the state or out of the county, or where

county, or of any witness resides within the same, and being a seaman, patroon of a boat, stage driver,
a seaman, boat majj carrier, aged or infirm person, and in all other cases where the evidence of any wit-
driver, mail ness cannot be duly obtained, in which his or her testimony may be required in any case,

Ctlli lCIj Rll

aged or infirm it shall be lawful for either party, on giving at least ten days notice to the adverse party?

how procured. or ^s-> ^er or tneir attorney, accompanied with a copy of the interrogatories intended to
be exhibited, to obtain a commission from the clerk of the court in which the same may be
required, directed to certain commissioners, to examine all and every such witness or
witnesses, on such interrogatories as, the parties may exhibit; and such examination shall
be read at the trial, on the motion of either party, any rule, order or law to the contrary
notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 16th December, 1811.

D. B. MITCHELL, Governor,

JUDICIARY LAWS. 1812. 331

AN ACT (No. 288.)

To amend and explain the 29th section of the Judiciary Law of this state.

WHEREAS, the above recited section of the judiciary law of this state is not suffi- Preamble,
eiently explicit to effect the object for which it was intended :

Sect. 1. BE it therefore- enacted by the Senate and House of Representatives of the When a plain-

state of Georgia, in General Assembly met, and it is hereby enacted, That where any 0f this state,

attorney shall institute a suit in any of the courts of this state, for and in behalf of cou°nty0where

any person or persons who resides out of this state, or out of the county in which the the suit is

defendant or defendants may reside, and in which such suit may be tried, such attorney attorney shall

shall be liable to pay all costs, in case such suit shall be dismissed or the plaintiff or the costs in

plaintiffs be cast- in his, her or their suit ; and it shall be lawful for the clerk of said court frfflbe caster"

to issue execution against said attorney or attornies for the amount of the cost of said tn.e actlon cus'

. missed.

suit.

Sect. 2. And be it further enacted, That where any attorney shall institute a suit, in An attorney

any of the counties of this state, for any person who resides out of the county in which actjon for?a

such suit is brought, and judgment shall be obtained thereon, and the sheriff shall return P^mtiff^ivirig

the execution, no property to be found, that then the plaintiff's attorney shall be bound county where

it is brought,
for the cost of said suit, and the clerk may issue his execution against the plaintiff and and after judg-

the attorney who brought said suit jointly, for the amount of the cost of such suit. And pertv of tile

if any attorney shall retain in his hands any money received by him for any client, after defendant can

being by the court ordered to pay over the same to the principal, he shall be struck from be liable for

the list of attornies,, and neMer more suffered to plead in any of the courts in this state. An attorney

retaining mo-
ney received
. BENJAMIN WHITAKER, by him for a

o 7 r 7 XT- r r> • client, after

speaker oj the House oj Representatives . being ordered

. to pay the

WILLIAM RABUN, same by the

court, shall be
Fresident oj the Senate. struck from

Assented to, 7th December, 1812. 5, {SSl«/fce?"

D. B. MITCHELL, Governor.

JUDICIARY LAWS. 1812.

(No. 289.)

AN ACT

Explanatory of the several Judiciary Laws of this state.

BE it enacted by the Senate and House of Representatives of the state of Georgia^

Renewal of jn General Assembly met. and it is enacted by the authority of the same. That no part

judgments not * # . .

required. of the judiciary laws of this state shall be so construed as to require the renewal o£

any judgment as heretofore practised, or in any other manner whatever.

Assented to, 7th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President vf the Senate,

D. B. MITCHELL, Governor.

(No. 290,)

AN ACT

To repeal so much of the fifth section of an act, entitled An act to alter and
amend the several judiciary acts now in force in this state, so far as relates
to Justices' Courts, as requires persons claiming property under execution, not
a party to such execution, to take an oath, and to prescribe the oath to be taken
in such cases.

Repealing
clause.

What oath
shall be taken
"by claimants
of property
levied on by
virtue of exe-
cutions from
justices'
courts.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is enacted by the authority of the same, That so much
of the fifth section of the above recited act as requires persons, claiming property un-
execution, not a party to such execution, to make oath that such property is not liable
to such execution, be, and the same is hereby repealed ; and that in all cases of
executions from any justices' courts in this state, levied on property claimed by
any person not a party to such execution, such person shall make oath that the
property levied on is his, her or their right and property, or his, her or their pro-
perty as attorney, agent, guardian, executor or administrator, as the case may be, to

JUDICIARY LAWS. 1814, 1815. 333

the best of his, her or their knowledge and belief, and shall moreover give security in (No. 290.)

terms of the said fifth section. . Claimant to

. . give security.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

JARED IRWIN,

President of the Senate, pro tern.
Assented to, 23d November, 1814.

PETER EARLY, Governor.

AN ACT (No. 291.)

To require the judges of the Superior Courts to transmit to his excellency the

Governor the rules of practice established in their respective circuits. »•

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That Judges of the
it shall be the duty of the judges of the Superior Courts in this state to transmit to his Courts to
excellency the Governor, on or before the first day of the next session of the General G0vernor°thee
Assembly, the rules prevailing in their respective circuits for the management of busi- r.ules. of Pr.ac-
ness in the Superior Courts, to be by him sent to the legislature, to enable the General circuits.
Assembly (should it be deemed expedient) to establish an uniform practice of proceed- pose
ings in the courts in the different circuits of this state.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 16th December, 1815,

D. B. MITCHELL, Governor.

384

JUDICIARY LAWS. 1816.

(No. 292.)

AN ACT

When it shall
appear in
cases against
joint obligors,
&c. brought
in justices'
courts, that
any of them
were only se-
curities, judg-
ment shall be
entered up
against them
as such, &c.

The ej^cu-
tion, wilen sa-
tisfied by any
such security,
or out of his
property,
shall be under
his control, in
order to re-
munerate him-
self out of the
pi'incipal.
Proviso.

Supplementary to an act, entitled 'Jin act to amend the several Judiciary Acts now
in force in this state, so far as relates to Justices' Courts, passed on the 1 4th day
of December, 1811.

BE it enacted by the Senate-jind House of Representatives of the state of Georgia^
in General Assembly met, and it is hereby enacted by the authority of the same, That
in all cases in justices' courts commenced against joint obligors or promisors, if any-
one or more of them shall make it arjpear, to the satisfaction of the court, that he, she
or they signed said obligation as a security or securities only, it shall be the duty of
the justice to enter up judgment against him, her or them as such, and award execution
in the same manner, which, when satisfied by said security, or out of their property, he,
she or they shall have the control and benefit of said execution, for the purpose of re-
munerating him, her or themselves out of their principal, in the same manner as if they
had been security on the stay of execution : Provided, judgment and execution shall be
against the principal also.

BENJAMIN WHITAKER,

,. 'Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

(No. 293.)

AN ACT

To explain and to enforce the judiciary act of seventeen hundred and ninety-nine?
as respects Special Pleadings in the several courts of law in this state.

Preamble. WHEREAS, the said judiciary was intended for the purpose of bringing parties

litigant to a speedy judicial decision without delay, and with as little costs as practi-
cable, and it was thereby intended that the small omissions of parties, clerks or she-
riffs, not affecting the real merits of the case, should in all cases (substantially set out)
be amended on motion, without delay or costs, and it having grown into practice in

JUDICIARY LAWS. 1818. 305

said courts, to give or grant a term, and sometimes nonsuit, for the smallest omis- (No. 293."
sions of the officers of said courts ; and as a further increase of the said practice may-
lead us back to all that tedious and expensive labyrinth of special pleadings, which the
said judiciary intended to avoid :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives, in
General Assembly met, That in every case where there is a good and legal cause of Declaration

&HC1 SCl*VlCC

action, plainly and distinctly set forth in the petition, and there is in substance a whensuffi-

copy. served on the defendant or defendants, Or left at their most notorious place of cient-

rj . . . . Amendments

abode, every other objection shall be on motion amended without delay or additional without delay

or costs, al-
costs. lowed.

Sect. 2. And be it further e?iacted, That no special pleadings shall be introduced or Special plead-
admitted, in either the Superior or Inferior Courts of this state, (other than in equity,) tie, except in
which shall be conducted in the same manner as is already pointed out by the judiciary ^^y*

system of this state now in force, and that every case shall be carried to the iury, and Cases shall be
. ... . tried upon the

tried upon the petition, process and answer alone, without regard to the practice now petition, pro-
grown into use in the several courts of law in this state ; and no nonsuit shall be swer.
awarded when the cause of action is substantially set forth in the declaration, for any Non-suit.
formal variance between the allegation and proof.

Sect. 3. And be it further enacted, That no part of an answer shall be stricken out No part of an
or rejected on account of being contradictory to another part of the same answer, but stricken out

the court shall be bound to suffer the whole answer to remain, if the defendant should for ?einS con"

7 tradictory to

desire it, and avail himself of any advantage he can or^may have under either or the another part
whole of the said answer, and proceed to trial accordingly.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate
Assented to, 19th December, 1818,

WILLIAM RABUN, Governor.

3S6

JUDICIARY LAWS. 1819.

(No. 294.)

AN ACT

Justices of the
peace may re-
quire non-re-
sidents apply-
ing1 for any ci-
vil process to
deposit the
costs or give
security for
the same

To amend the Judiciary of this state, so far as respects Justices of the Peace.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met,, and it is hereby enacted by the authority of the same, That
from and after the passing of this actj it shall and may be lawful for all and every jus-
tice of the peace in this state, on application of any non-resident of the county or state
for any civil process, to require non-resident to deposit the cost or give sufficient secu-
rity for the same, any law, usage or custom to the contrary notwithstanding.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 9th December, 1819.

JOHN CLARK, Governor.

(No. 295.)

AN ACT

To regulate and establish an uniform practice in Justices' Courts.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Proceedings

in justices'

courts shall be Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

throughout That from and after the first day of January next, the proceedings in the justices'

courts shall be uniform throughout the state. .-

Appearance Sect. 2. Be it further enacted, That the first term shall be tj^emed and considered

as the appearance term, when the case shall be docketed on what shall be called the ap-

Judgment by pearance docket, and on the defendant failing to appear, judgment shall be entered by

Judgment default, as in the Superior Court ; and at the second term, unless there is a sufficient

term; showing, judgment shall be entered up : Provided nevertheless, the party or parties shall

proviso. . ...

be entitled to an appeal, agreeable to the judiciary law now in force in this state.

JUDICIARY LAWS. 1819. 337

Sect. 3. Be it further enacted, That all justices of the peace shall have power, in (No. 295.)

all cases of debt or liquidated demand, to give judgment for any sum not exceeding Judgment

* 7 o j o j «-» may be g>iven

thirty dollars,, exclusive of interest and cost. for $30 exclu-

sive of inte-

rest.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 9th December, 1819.

JOHN CLARK, Governor.

AN ACT (No. 296.)

For the organization of a Court of Common Pleas, and of Oyer and Terminer,
for the city of Savannah, and for repealing the civil jurisdiction given by the
laws of this state to the Mayor and Aldermen, or to the Mayor of said city.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, That there shall be organized in the city of Savan- a Court of

nah, on the last Monday in October next, a court of record, to be styled the Court of pleas and

Common Pleas and Over and Terminer for the city of Savannah, which said court Oyer and Ter

•f J . '- miner for the

shall have cognizance of civil cases in assumpsit, debt, covenant, trover, and of actions city of Savan-
nah establish-
on the case, when the damages or cause of action shall not exceed the sum of two hun- ed.

dred, nor shall be less than thirty dollars ; and the said court shall have criminal juris- ^J Jl

diction of all minor offences, committed within the limits of the citv of Savannah, and Criminal ju-

, J risdictioc.

which do not subject offenders to confinement in the penitentiary.

Sect. 2. And be it further enacted, That the judge of said court shall be elected by The judge
the legislature immediately after the passing of this act, and shall hold his office for the e(1 b the
term of three years, unless removed therefrom by the Governor, on the address of two- legislature«

, j ' Continuance

thirds of both houses of the General Assembly for that purpose ; and the said judge shall in office.

have power and authority to hear and determine all civil causes of which the said court .^ "^l^&

has jurisdiction, and to give judgment and award execution thereon : Provided always, Jury trials in
i . , ,. . . civil cases re

that either party in any such cause shall be entitled to a trial by jury, upon entering a gulated.

3 D 2

388

JUDICIARY LAWS. 1819.

(No. 296.) demand thereof in writing on the docket of the said court, before! the opening of the
court on the first day of the term to which the said cause is returnable, and upon giving
security for the payment of the eventual condemnation money and costs, as upon the
entry of appeals under the judicial statute of this state.

Said court Sect. 3. And be it further enacted, That the said court is empowered to compel the

the^pi-oduc- production of books, papers and writings, in the possession of any party to a suit in said
tion of books, courti containing evidence pertinent to the cause in question, conformably to the sixth
section of the judicial statute of this state.

Process in Skct. 4. And be it further enacted, That the process in civil suits in said court shall

said court re- De conformable to the eighth section of the judicial statute; of this state, excepting that

g ted. the process to all suits in said court shall be annexed by the clerk of the court, and served

The 9th sec- by the sheriff" of the same, ten days before the return thereof; and for conducting pro-

dicial stat-ite ceedings in said court, the provisions contained in the ninth section of the judicial sta-

to govern said tute snau De jn force, to carry to trial any suit in said court, according to the mode
prescribed in the second section of this act.

Answer, when Sect. 5. And be it further enacted, That Avhen any defendant shall have been served
with process, he shall file his answer in writing, in the terms of the judicial statute, on

Default, or before the opening of the court at the term to which the same is returnable : if the

defendant shall fail to file his answer in manner aforesaid, the judge of the said court
shall note the default on the docket, and shall in such case, and in all cases which are
not docketed for trial by a jury, in terms of the proviso of the first section of this act,
proceed to give judgment and award execution thereon at the same term, upon due

imparlance. proof of the plaintiff's claim j but in all cases which are so docketed, an imparlance
shall be allowed until the next succeeding term.

Kail cases to Sect. 6. And be it further enacted, That in all cases in said court in which bail is

be covcrncd

by tlie general required, that the bail and proceedings thereon shall be conformable to the laws of this

aw o ie state, or to such statutes upon the same subject, as may be hereafter enacted by the

general assembly.

The 19th, Sect. 7. And be it further enacted, That the nineteenth, twentieth, twenty-first and

22d 'sections twenty-second sections of the judicial statute of this state shall be in force in the -said

5tatuteJin1Cia court> excepting that writs of subpoena shall be issued by the clerk of said court, and

force m said served by the sheriff of the same, a city constable, or some private person; and that

Exception as tne provisions of the act, passed the 16th December, 1811, to alter and amend the

to subpoenas, twenty-third section of the judiciary Jaw of this state, passed the 16th February, 1799,

1811, altering shall likewise be of full force in said court, excepting that it shall not be necessary to

and amending"

JUDICIARY LAWS. 1819.

389

give more than three days notice of an intention to take testimony by commission, (No. 296.)
which commission
plication therefor.

which commission it shall be the duty of the clerk of the said court to issue upon ap- the 23d sec

tion of the

judiciary law
of 1799, also in force. Exception.

Sect. #. And be it further enacted, That the twenty-fourth, twenty-fifth, twenty-
eighth, twenty-ninth, thirtieth, thirty-first and thirty-second sections of the judicial
statute of this state, shall be in full force in said court, excepting that all claims to pro-
perty, made under the provisions of the thirty-second section aforementioned, shall be
returned by the sheriff of the court to the clerk of the Superior Court of Chatham county,
in ten days after the institution of such claim, to be decided upon by a jury at the ensu-
ing term of the Superior Court of said county.

The 24th,
25th, 28th,
29th, 30th,
31st and 32d
sections of the
judicial sta-
tute of the
state likewise
in force.
Exception as
to claims.

Sect. 9. And be it further enacted, That no confession of judgment shall be entered up Confession of

ludsrm&ivt re*
in said court, unless the defendant resides within the city of Savannah, and unless the ^ulated.

cause has been regularly sued out and docketed, nor until such cause is called in order

by tjjje court for trial.

Sect. 10. And be it further enacted, That all sales of property taken under execution Sales by the

sheriffs of* Sftid
by the sheriff of said court, shall be made conformably to the laws of the state regulating COUrt, how

sheriffs' sales. \ made'

Sect. 11. And be it further enacted, That in all cases in which a verdict shall be
rendered in said court, the party in whose favour it may be shall be allowed to enter
and sign judgment thereon, at any time within three days after the adjournment of the
court, at the clerk's office, for the amount of such verdict and all legal costs ; and no exe-
cution shall issue on such verdict until such judgment shall be entered by the party or
his attorney.

Sect. 12. And be it further enacted, That the clerk and sheriff hitherto of the Mayor's
Court of Savannah, shall be the clerk and sheriff of the court created by this act, but
such clerk and sheriff shall continue to perform all the duties required of them by the
ordinances of the mayor and aldermen of the city of Savannah ; and the said clerk and
sheriff are hereby declared to be entitled to the same fees as are by law allowed to the
clerks and sheriffs of the Superior and Inferior Courts of this state.

Judgments
upon verdicts
may be signed
within three
days after the
adjournment
of court.
No execution
shall issue un-
til such judg-
ment shall be
entered.

Sheriff and
clerk hitherto
of the Mayor's
Court, shall
be sheriff and
clerk of the
court first
aforesaid.
Their fees.

Sect. 13. And be it further enacted, That the recorder of the city of Savannah shall, in The recorder

the event of the absence of the solicitor general of the district, prosecute all delinquents (*„ fhe absence

for crimes and offences cognizable by said court ; and the said recorder, in all criminal of the solicitor

7 general ot the

prosecutions conducted by him, shall be entitled to receive the same fees as by law are district, shall

prosecute

crimes, &c. His fees.

390 JUDICIARY LAWS. 1819.

(No. 296.) allowed to the solicitors general of the state, reserving to the solicitor general of the

rhe right of district tne right to conduct such prosecutions, and to receive the same fees as are

prosecutions allowed by law in the Superior Courts of this state,
reserved to the
solicitor gen.

The clerk Sect. 14. And be it further enacted, That the clerk of said court shall copy, into a

shall record book of record to be provided by the mavor and aldermen of Savannah, all the nroceed-
the proceed-

ings in civil ings in all the civil cases in said court, which entry of record shall be made within twenty

cases in said ..„ , , . , . - <*

court. days after the determination ol any cause, and the said clerk shall be allowed ten cents

Fees for re- for eveYy hundred words of recording such proceedings, to be taxed in the bill of costs •
cording. r -.'•*. J

Minutes of the and the said clerk shall keep, from day to day, regular minutes of the proceedings of

court' said court, which shall be signed by the judge.

Duties and lia- Sect. 15. And be it further enacted, That all the duties and liabilities attached to the

clerk and clerks of the Superior and Inferior Courts, and to the sheriffs of the counties, are hereby

sheriff of said attached to the clerk and sheriff of this court, and the judge of said court is empowered

to exercise the same authority over the clerk and sheriff, as is legally exercised by* the

judges of the Superior Courts over the clerks of the Superior Courts, and over the

sheriffs of the counties.

Jurors, who Sect. 16. And be it further enacted. That all persons residing in the city of Savannah,

shall be liable • , .. , , . , 0 ^ . ,t , 1. •- ,

to serve as ano- who are liable to serve as jurors m the buperior Court, shall be liable to serve as

s : jurors in this court ; and it is hereby declared to be the duty of the said court to con-

Shull be sc-

lected, drawn form to the laws in force in this state, pointing out the mode of selecting, drawing and

ed according summoning jurors for the Superior Court ; and the forty-fourth section of the judicial

to the general statute is herebv declared to be in full force in said court ; and the oath to be adminis-

lawofthe

state. tered to all juries in said court, upon the trial of civil causes, shall be the same as is by

\irfes h/dvil ^aw administered to the petit jurors in the Superior Courts.

cases.

Grand jury for Sect. 17. And be it further enacted, That the judge of the said court shall, previous
city how to tne adjournment of either of the terms of the same, draw, conformably to the laws

drawn. Qf ^jg state, twenty-four persons to serve as an inquest or grand jury for said court and

jurors for the city, and twenty-four persons for the trial of all civil and criminal cases of which the
and criminal sa^ court has jurisdiction ; but no inquest or grand jury for the said court shall consist
business to be Qf i|ess than eighteen persons, though twelve persons of any grand jury may find a bill
Proceedings or make a presentment ; and it is hereby declared, that the mode of proceeding and trial
on crimma m ^\ criminal cases, in said court, shall be the same as is pursued in the Superior
Oath of jurors Courts of this state, and that the oath to be administered to jurors and witnesses, upon

the trial of criminal cases, shall be the same as is administered to jurors and witnesses

in criminal cases in the Superior Courts.

JUDICIARY LAWS. 1819. 39 1

Sect. 18. And be it further enacted, That the clerk and sheriff of the court created iNo. 296.)

by this act, shall respectively take the oath required by the judicial statute of this state, 0atn of the

•lerk and
to be taken by the clerks of the Superior and Inferior Courts, and by the sheriffs of the sheriff of said

counties, excepting that in the clerk's oath the following words shall be substituted,
(after the words "and other proceedings") : "of the Court of Common Pleas and of
Oyer and Terminer for the city of Savannah ;" and in the sheriff's oath the same style
of the court shall be inserted after the words " as sheriff," and the said oaths the By whom ad-
judge of said court, or the mayor of the city of Savannah, is hereby empowered to ad- mimstere(
minister.

Sect. 19. And be it further enacted, That there shall be twelve terms of the said Said court to
court in each year, and that the times of holding the same shall be on the last Monday monthly,
in each month, and the first term thereof shall be holden on the last Monday in October,
1826.

Sect. 20. And be it further enacted, That the salary to be allowed the judge of the Judge's salary-
said court shall be thirteen hundred dollars, to be paid quarterly by the treasurer of the
city of Savannah, out of the funds of the corporation of said city ; and the said judge, be- An oath to be
fore he enters upon the duties of his office, shall take the following oath or affirmation, taken by him
either before the Governor or before commissioners by him for that purpose appoint-
ed, to wit : " I do solemnly swear, or affirm, that I will administer justice without re- The oath,
spect to persons, and do equal right to the poor and to the rich, and that I will faithfully
and impartially discharge and perform the duties incumbent upon me as judge of the
Court of Common Pleas and of Oyer and Terminer for the citv of Savannah, according
to the best of my abilities and understanding, and agreeably to the constitution of this
state and the constitution of the United States ; so help me God."

Sect. 21. And be it further enacted, That the attorney's fee in each cause brought in Attorney's fee
said court, shall be one half of the fee by law allowed upon cases commenced and .tried
in the Superior Courts ; and upon all cases brought in the said court, there shall be shalfbe^idto

assessed the sum of three dollars, to be paid upon the institution of the same, to the tjie clerk upon

' the institution

clerk of the court, who shall make quarterly returns of the fees so received by him, and of each suit,

i 1 r 1 • n ^ , who shall
pay over the amount %o the treasurer of the city of Savannah, under the penalty of five make quarter-
hundred dollars, to be enforced by attachment against the clerk for a contempt. tUcU^trea-

, surer.

Penalty.
Sect. 22. And be it further enacted, That when either party to a cause in said court Exceptions to

shall take exceptions to any proceedings in a suit affecting the real merits of the same, SSTsSft

it shall be the duty of the said judge to cause to be made, and filed of record in said in said c°urt

regulated.
court, a just and true statement of the facts relating thereto, and of all legal points

arising therein, and the said party, after a full compliance with the law of the state re-

392 JUDICIARY LAWS. 1819.

(No. 296^ gulating the granting of certiorari, may apply to the judge of the eastern district for a
Certiorari. writ of certiorari, who shall issue the same, if he shall deem the exceptions taken to be
sufficient.

Suits, &c. in Sect. 23. And be it further enacted, That all suits and other processes which have

Court shall been instituted or ordered in the Mayor's Court of Savannah, and which shall remain
to a^ddeter- undecided and unexecuted on the last Monday in October next, shall be transferred to

mined in the the court created by this act ; and it shall be the duty of the court to proceed to the de-
court created t . ■ t .
by this act. termination and trial of all such suits, conformably to the provisions of this act ; and

Records of tne rec0rds of the said Mayor's Court are hereby declared to be a part of the records
the Mayor's J J r

Court made a of the court created by this act ; and the clerk of this court shall, upon motion first

part of the re- . . . .

cords of the made to the court for that purpose, issue execution upon all judgments which have

sai^ " been or may be obtained in the said Mayor's Court.

Executions upon judgments in the Mayor's Court, how issued.

Repealing Sect. 24. And be it further enacted, That all laws or parts of laws of this state, mili-

tating with this act, shall be, and they are hereby repealed, so far as the same may ope-
rate to defeat the provisions of this act.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1819.

JOHN CLARK, Governor.

JUDICIARY LAWS. 1819. 393

AN ACT CKa. 297-

To carry into effect the fourth and fifth sections of the third article of the Consti-
tution of the state of Georgia.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That there shall be five justices of the Inferior Court in and for each county of this There shall be

J • rive justices 01

state, who shall be elected on the third Tuesday in October, in the year of our Lord the Inferior

• i 1 1 \- ■ Court in each

one thousand eight hundred and twenty-one, who shall be commissioned and hold their county.

respective offices until the first Monday in January, in the year of our Lord one thou- When elect-
sand eight hundred and twenty-five, and until their successors shall be elected and qua- Continuance
lifted ; on which said first Monday in January, one thousand eight hundred and twenty- in office.
five, the justices of the Inferior Courts shall be again elected, and from thence on the justices of the
first Monday in January, in every fourth year thereafter, by the electors entitled to vote j™erior
for members of the General Assembly; which elections shall be held and conducted lated.
in the same manner as pointed out by law for the election of clerks and sheriffs ; and ed to be com

the persons so elected shall be commissioned by the Governor, and continue in office missioned by
r J 1 the Governor

for the term of four years, and until their successors are elected and qualified, un- Term of of-
less removed by impeachment for malpractice in office, or by the Governor on the ad- e"
dress of two-thirds of both branches of the General Assembly ; and when any vacancy Vacancies,
shall happen, by death, resignation or otherwise, of any of the justices of the Inferior
Court, it shall be the duty of two or more of the justices of the Inferior Court, or jus-
tices of the peace of the county in which such vacancy or vacancies shall happen, to
give at least twenty days notice, by advertisement at three or more public places in such
county, previous to the election, to fill such vacancy or vacancies ; which election shall
be held and conducted in the same manner as by this act expressed.

Sect. 2. And be it further enacted by the authority aforesaid, That there shall be There shall be

two justices of the peace in each captain's district in the several counties of this state, the peace in °

who shall be elected on the first Saturday in January, eighteen hundred and twenty-one, e.™: caPtain s

and on the first Saturday in January every fourth year thereafter, by the citizens of the when and in

district to which they respectively belong, entitled to vote for members of the General v^haJ manner

Assembly ; which election shall be superintended by three freeholders of the district, The election

whose duty it shall be to take the following oath, to be administered by the captain or Je^edbv™""

commanding officer of said district, or any magistrate of the county, to wit : u I, A. B. three free-

J holders.

do solemnly swear, that I will, to the best of my abilities, superintend the election of Their oath,

justices of the peace for this district ; so help me God." And said freeholders shall

3 E

394 JUDICIARY LAWS. 1819.

(No. 297.) transmit a return of said election, within twenty days, to his excellency the Governor,

Return of the wno \s hereby authorized to commission the person or persons so elected accordingly;

Governor to and the said justices of the peace shall hold their appointments during the term of four

commission . t._

those elected, years, and until their successors are elected and qualified, unless they shall be removed

Continuance by conviction, on indictment in the Superior Court, for malpractice in office, or for any
in office of ' . -• . ...

said justices, felonious or infamous crime, or by the Governor on the address of two-thirds of each

Vacancies, branch of the General Assembly; and when any vacancy or vacancies shall happen,
by death, resignation or otherwise, of any justice or justices of the peace, it shall be
the duty of one justice of the peace and two freeholders, which said freeholders, pre-
vious to holding said election, shall take the oath above prescribed, to advertise, in three
of the most public places in the district where such vacancy or vacancies may happen,
the time of holding an election for the purpose of filling such vacancy or vacancies, and
give at least fifteen days notice of the time and place when such election shall be held ;
and it shall be the duty of the said justice and freeholders to superintend such election,
and cer.ti.fy the same under their hands, to his excellency the Governor, who shall,
within ten days after receiving the same, commission the person or persons having the

Proviso. highest number of votes : Provided, the election is not contested.

Elections for Sect. 3. And be it further enacted by the authority aforesaid, That all elections for

lusticcs of the

Inferior justices of the Inferior Court shall be holden at the place of holding the Superior Courts

iustkeV^of the *n tne resPectiye counties ; and all elections for justices of the peace shall be Holden at
peace, where the usual place of holding the Justices' Courts in the respective company districts.

Those who Sect. 4. And be it further enacted by the authority aforesaid, That where any per-

3X6 elected to w

fill any vacan- son or persons shall be elected to fill the vacancy of any justice of the Inferior Court

tmueb^ffice or justices of the peace, the person so elected and commissioned shall continue in office

only for the onlv for the time for which their predecessors were elected,
time for which J

their prede-
cessors were _ . TTXT^ . -rx . -,,r~

elected. DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 21st December, 1819.

JOHN CLARK, Governor.

[ 395 ]

JURORS, GRAND AND PETIT.

AN ACT*

To authorize the Justices of the Inferior Court of the county of Wilkinson to
draw Grand and Petit Jurors for said county.

WHEREAS, the judge of the Superior Court did not draw grand and petit jurors Preamble,
at the last term of the Superior Court in the county of Wilkinson, to serve at April
term next, by which means the county will lose one term of the Superior Court, unless
otherwise provided for :

BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted, That the justices of the
Inferior Court of the county of Wilkinson, or a majority of them, together with the
sheriff and clerk of the Superior Court, do, and they are hereby authorized and required
to meet at the court-house in said county, on the first Monday in January next,
and then and there proceed to draw grand and petit jurors to serve at the Superior
Court, to be held in and for said county, on the first Monday in April next, any law
to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

The justices of
the Inferior
Court of Wil-
kinson county,
with the she-
riff and clerk
oftheSuperior
Court, autho-
rized to draw
grand and
petit jurors, to
serve at the
next April
term of the
Superior
Court.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.

* See act of 1815,- No. 303, by which the justices of the Inferior Courts in this state, with the sheriff and
clerk of the Superior Court, are authorized to draw grand and petit jurors in certain cases.

3 E2

JURORS, GRAND AND PETIT. 1812.

(No. 299.)

AN ACT*

To authorize the Justices of the Inferior Court of Baldwin county to select fit
and proptr persons to serve as Grand and Petit Jurors.

Preamble. WHEREAS, the Inferior Court of said county failed to convene at the court-house,

in order to make that arrangement in terms of the law ; for remedy whereof,

The justices
of the Inferior
Court of Bald-
win county au-
thorized to se-
lect grand ju-
rors ;

And to correct
the petit jury

list.

In case the
justices should
not meet as
above direct-
ed, said selec-
tion to be
made before
the next Su-
perior Court.

Sect. l.^BE it enacted by the Senate and House of Representatives, in General As-
sembly met, and by the authority of the same, That it shall be the duty of the justices
of the Inferior Court of Baldwin, county, together with the sheriff and clerk, or a ma-
jority of them, to convene at the court-house in said county, on the first Monday in
February next, whose duty it shall be to select from the books of the receiver of tax
returns, fit and proper persons to serve as grand jurors, and correct the petit jury list,
under the same rules and regulations as directed by a law passed December 7th, 1805.

Sect. 2. And be it further enacted, That if the said Inferior Court should fail to
convene as above directed, that it shall be the duty of the said justices, sheriff and clerk
aforesaid, or a majority of them, to make such selection on or before the next Superior
Court thereafter, to be held in the said county of Baldwin.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor.

Assented to, 7th December, 1812.

* See act of 1817, No. 306.

JURORS, GRAND AND PETIT. 1812. 397

AN ACT (No. 300.)

To admit Grand Jurors to give evidence,

WHEREAS, doubts doth exist as to the propriety of admitting grand jurors to give Preamble,
evidence against persons who may have been sworn before them, when in session as a
grand jury, on account of that part of the oath which requires them to keep secret the
state's council, their own, and their fellows', which secresy ought not to exist longer
than the term, or after the bill is publicly read in court : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assent- Grand jurors

bly met, and by the authority of the same, That all grand jurors shall be competent petent wit-

• - • pi'i* 1*1 c ncsscs where

witnesses m any court 01 record m this state, where it may be necessary, on account 01 it is necessary

any thing that may be given in evidence before them, as a body of grand jurors ; any on account °f

law to the contrary notwithstanding. may be given

in evidence
before their

Sect. 2. And be it further enacted, That in future the oath to be administered to the ° y'

foreman of all grand juries shall be as follows, viz : " You, as foreman of the grand The oath to

jury of the County of ; shall diligently inquire, and true presentment make, of e(j to the fore'

all such matters and things as shall be given you in charge, or shall come to your know- ™aP grand

ledge, touching the present service, the state's council, your fellows' and your own, you

shall keep secret, (unless called on to give evidence thereof in some court of law in this

state) : you shall present no one for envy, hatred or malice, nor shall you leave any

one unpresented, from fear, favour, affection or reward, or the hope thereof; but you

shall present all things truly, and as they come to your knowledge ; so help you God."

And the same oath which is taken by the foreman, shall be taken by each and every The same oath

member of any and all the grand juries in this state. each membe/

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,,

Assented to, 12th December, 1812.

D. B. MITCHELL, Governor,

398 JURORS, GRAND AND PETIT. 1813.

(No. 301.) AN ACT

To authorize the Justices of the Inferior Court for the counties of Tatnall and
Emanuel to draw Grand and Petit Jurors.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
Justices of the in General Assembly met, and it is hereby enacted by the authority of the same, That
of the counties ** shall and may be lawful for the justices of the Inferior Court for the counties of Tat-
of Tatnall and najj an(j Emanuel5 or a majority of them, to meet at the court-house, or place appoint-

thorized to ed for holding courts in the said counties, on a day to be fixed on by them, and shall
draw grand - .... , .

and petit ju- then and there proceed to draw grand and petit jurors to serve at the ensuing spring-
term of the courts in said counties ; any law, usage or custom to the contrary notwith-
standing.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

. . . President of the Senate,

c ' •

Assented to, 6th December, 1813.

PETER EARLY, Governor.

JURORS, GRAND AND PETIT. 1814. 399

AN ACT (No. 302.)

To authorize the Justices of the Inferior Courts of Pulaski and Telfair counties,
ivith the Clerks of the Superior Courts and Sheriffs of said counties, to select
and draw Grand and Petit Juries for the next terms of the Superior Courts of
said counties.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That it shall be the duty of the justices of the Inferior Court of Pulaski county, toge- Justices of the
v i " • n- • • Inferior Court

ther with the clerk and sheriff,- or a majority of them, to convene at the court-house m of Pulaski

said counties, on the first Monday in January next, and then and there to select from the clerk and

the books of the receiver of tax returns, fit and proper persons to serve as grand and s]ieni"' autho-

-..:.:■ ° nzed to select

petit jurors, under the same rules and regulations as are directed by law. grand and pe-

tit jurors.

Sect. 2. And be it further enacted, That it shall be the duty of the said justices of the And also to

Inferior Court, together with the clerk and sheriff, so soon as the said grand and petit and petit jury,

jurors are selected, to proceed forthwith to draw a grand and petit jury to serve at the nextternf'* &
next term of the Superior Court to be holden in said' counties.

Sect. 3. And be it further enacted, That the justices of the Inferior Courts of Telfair Justices of the
• , , , . i t • rr 1 • • 1 • i Inferior Court

county, with the clerk and sheriff, meet at any time, being sixty days previous to the 0f Telfair

sitting of the Superior Court, and- draw grand and petit jurors, and correct jury lists. county re-
draw grand
c A j • r and petit ju-

Sect. 4. And be it further enacted, That all laws and parts of laws militating against rors, and cor-

this law be, and the same are hereby repealed. lec ^ury

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern
Assented to, 22d November, 1814.

PETER EARLY, Governor,

400 JURORS, GRAND AND PETIT. 1815.

(No. 303.) AN ACT

To authorize the justices of the Inferior Courts in this state to draio Grand and

Petit Jurors in certain cases.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

When the in General Assembly met, and it is hereby enacted by the authority of the same, That the

iiidtrcs of the

Superior justices of the Inferior Courts for the several counties in this state, or a majority of

fatlto draw them, together with the sheriff and clerk of the Superior Court, in any of their several

grand and counties, be, and they are hereby authorized and required, in all cases where there shall
petit jurors, J J

the justices or may have been a failure of the judges of the Superior Courts, in drawing grand and

of the Inferior . . i i i i . , .

Courts, or a petit jurors agreeable to law, to assemble at the court-house in their several counties^

ttenTwith at any *ime which shall be to them convenient, and proceed to open their jury boxes,

the sheriff an(j draw from said boxes a sufficient number of names to serve as grand and petit
and clerk of _ .

the Superior jurors for their, or either of their said counties, at their next then depending Superior

ed to draw Courts; and the jury being so drawn, the said box or boxes again to seal and deliver,

together with the keys, to the proper officer: Provided, that said assemblage and draw-,

ing shall be at least sixty days previous to the commencement of the Superior Court at

which said jurors shall be liable to serve.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to, 30th November, 1815.

D. B. MITCHELL, Governor-

0 '

the same.
Proviso.

JURORS, GRAND AND PETIT. 1815. 40 1

AN ACT (No- 3o40

More particularly to define and extend the power of Grand Juries in correcting

lists of tax returns.

WHEREAS, serious inconvenience has, and is likely to result from erroneous lists of Preamble.
tax returns being made out~for the collector : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of When a per-

■ . > ;' ■'"■ j r j j son shall have

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, listed and paid

That in all cases where any person shall have regularly listed and paid his tax in the COUnty where

county where he resides, and be returned as a defaulter in another or different county j*e ^me'd

for the same tax, then, and in that case, the grand jury of the county claiming such de- as a defaulter

in another for
fault tax shall, on application being made by the collector of said county, certify to the the same tax,
* , , ,., . , , what shall be

fact, and request the comptroller general to countersign the same, so that it may serve done by the

as a sufficient voucher to authorize the treasurer of the state to credit the collector by grand jury °*

the same amount,, as -though it had been a part of his insolvent list. claiming such

r default tax.

Sect. 2. And be it further enacted, That when any collector, after being furnished Penalty on the

with the receipts of the receiver and collector of the county where the aforesaid tax has shall execute

been paid, shall fail to apply to the grand jury for a certificate as aforesaid, and shall 0f\^person"so

proceed to execute, or have executed, the property of the person so returned as a de- returned as a
faulter, for each and every such offence he shall pay the sum of fifty dollars, to be ap-
plied to county purposes.

Sect. 3. And be it further enacted, That all acts or parts of acts repugnant to, or Repealing'
militating against the foregoing act, is hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

, President of the Senate, -

Assented to, 8th December, 1815,

D. B. MITCHELL, Governor.

3 F

402

JURORS, GRAND AND PETIT. 1817.

(No. 305.)

AN ACT

Inferior Court
of .Jefferson
county requir-
ed to renut
the fines im-
posed on the
defaulting-
grand and pe-
tit jurors in
February
term, 1817.

For the relief of the Grand and Petit Jurors of Jefferson county*

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That the
justices of the Inferior Court of the county of Jefferson be, and they are hereby au-
thorized and directed to remit the fines imposed by the court on the defaulting grand
and petit jurors of said county in February term, 1817.

BENJAMIN WILLIAMS,

. . Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Assented to, 27th November, 1817.

WILLIAM RABUN, Governor,

(No. 306.)

AN -ACT

To authorize the justices of the Inferior Court of Baldwin county to select fit and
proper persons to serve as Grand and Petit Jurors.

Preamble. WHEREAS, the jury box of said county has been accidentally broken open, and the

tickets all destroyed ; and for remedy whereof,

The justices BE it enacted by the Senate and House of Representatives-, in General Assembly met,
Court of bIm-' and by the authority of the same, That it shall be the duty of the justices of the Infe-
with^sh'e- rior Court of Baldwin county, together with the sheriff and clerk of the Superior Court,
riff and clerk or a maiority of them, to convene at the court-house in said county, at any time they
of the Supe- J J r i % i r i~ ' r

rior Court, re- may appoint, whose duty it shall be to select from the books ol the receiver ol tax

JURORS, GRAND AND PETIT. 1817. 403

returns, fit and proper persons to serve as grand jurors, and correct the petit juror list, (No. 306.)
under the same rules and regulations as directed by a law passed the 7th December, i^f: t0 se~

1805. sons for grand

jurors, and to

BENJAMIN WILLIAMS, ^t" jury list.

Speaker, of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor

3 F

[ 404 ]

LANDS, ACTS RELATIVE TO.

AN ACT

To afford temporary relief to the purchasers of Fractional Surveys, and to pre-
vent the said fractions from being sold for the tax thereof until they are paid
for to the state.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General As -
Indulgence sembly met, and by the authority of the same, That purchasers of fractional surveys in
purchasers of the late purchase in the counties of Baldwin and Wilkinson, upon paying up all the in-
fractional sur- terest due, and to become due on their respective bonds, up to the first day of May

counties of next, and also to pay into the treasury of this state, one-third of the'principal of the

Baldwin and ' X ' J .

Wilkinson. sum or sums that may then be due and owing to the state for such fractions, shall not

be compelled to pay any further sum until the end of twelve months thereafter, any law

to the contrary notwithstanding.

No purchaser Sect. 2. And be it further enacted by the authority aforesaid, That no purchaser of

entitled to the fractional surveys shall be entitled to any of the benefits of this act, until they shall

act until he have given new, good and sufficient security, to be approved of by his excellency tne

given new se- Governor, or the former security shall have re-acknowledged themselves further bound ;

former secu- and in all cases where the former security shall have become doubtful, in that case his

acknowleda^6 exce^ency the Governor may require such new security as he may deem sufficient. And

ed himself provided nevertheless, that nothing in this act contained shall prevent the foreclosure of

further bound. r . . ~

Proviso. tne bond and mortgage given in payment for the first sale of fractions, in the counties

of Wayne, Wilkinson and Baldwin.

LANDS, ACTS RELATIVE TO. 1811. 4Q5

Sect. 3. And be it further enacted, That the treasurer shall place into the hands of the (No. 307.)
proper officer or officers the bonds and mortgages given for the payments of fractional ^J^' £
surveys, in the first purchase of Wayne, Wilkinson and Baldwin. the foat^pur-

placed in the hands of the proper officer.

Sect. 4. And be it further enacted, That no tax collector shall be authorized to sell ^fj^^e

anv fractional surveys, sold in the counties of Baldwin, Wilkinson and Wayne, in the sold by tax
J j ' i collcctorSe

late purchases ; and all such sales made by any tax collector, or other person acting un-
der, the authority of any such collector, shall be deemed fraudulent.

ROBERT IVERSON,

Speaker of the House of Representatives . •

MATTHEW TALBOT,

J President of the Senate,

Executive Department, Georgia.
x Assented to, 14th December, 1811.

D. B. MITCHELL, Governor.

AN ACT (No. 308.)

Supplementary to an act, entitled An act to point out the mode of rendering void
ull grants or other proceedings, founded on false or fraudulent returns, made
by persons not entitled to dt aws in the late land lotteries in this state, and to
repeal an act passed at the last General Assembly on that subject, passed the
22d December, 1808.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of The Governor

Georgia, in General Assembly met, and by the authority of the same, That immediately after appo;nt three

the passing of this act, his excellency the Governor shall be, and he is hereby authoriz- commissioners

ed and required to appoint three fit and discreet persons as commissioners, whose duty lar*d as has

been, or may
it shall be to sell all such land that has been or may be recovered in the Superior Courts, be recovered

not heretofore disposed of, and the said commissioners shall each give a like bond and rior courts

security, take a like oath, and be governed in all respects, and sell on the said terms as dis osed* f '*

are pointed out in an act, entitled An act to sell and dispose of the squares and frac- Said commis-

xional parts of surveys of land in the seventh district, formerly Baldwin, now Twiggs bonTandse-*

county, which remain yet unsold or disposed of, the same being re-surveyed by David cunty»

Sales regulat-

406 LANDS, ACTS RELATIVE TO. 1811.

(No. 308.) McCord, surveyor, appointed by his excellency the Governor to re-survey the fractional
surveys in said district, which were originally surveyed by Benajah Smith, surveyor,
and other lots therein mentioned, passed the 15th day of December, 1810.

Repealing Sect. 2. And be it further enacted, That this supplement shall be considered as a

g!«iusg e

part of the above recited act of 1808.

ROBERT IVERSON,

i Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

m Executive Department, Georgia,

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

(No. 309.) AN ACT*

To continue in force an act, passed the 22d day of December, 1808, giving fur-
ther time to the fortunate drawers in the late land lotteries to take out their
grants.:

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and Wis hereby enacted by the authority of the same
The time al- That the time allowed by the above recited act for taking out grants be, and the same
recited act for is hereby extended and continued until the tenth day of November, eighteen hundred
ffrantf ex- ail<^ twelve, any law to the contrary notwithstanding.

tended to the

loth ofNo-^ ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

D. B. MITCHELL, Governor.

vember, 1812.

Executive Department, Georgia,
Assented to, 16th December, 1811

* Time extended by act of 1812, No. 310.

LANDS, ACTS RELATIVE TO. 1812.

407

AN ACT

(No. 310.)

*To continue in force an act, passed the 22d day of December, 1808, giving fur-
ther time to the fortunate drawers in the late land lotteries to take out their
grants.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia in General Assembly met, and by the authority of the same, That the time allowed
by the above recited act for taking out grants be, and the same is hereby extended and
continued until the first day of October, eighteen hundred and thirteen, any law to the
contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.
Assented to, 10th November, 1812.

Time for the
fortunate
drawers in the
late land lot-
teries to take
out their
grants ex-
tended to the
1st of October,
1813.

D. B. MITCHELL, Governor.

AN ACTf

(No. 311.)

To authorize the fortunate drawers in the late land lotteries in this state to take
out their grants until the tenth day of November, ISM, and after that day to
authorize any citizen of this state to take out grants in said lotteries.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor- Fortunate

gia, in General Assembly -met, and by the authority of the same, That all persons who m the ia'te

may have drawn land in the late land lotteries of th>is state, or their legal representatives, ^a t^e "^

be at liberty to take out grants for the lots of land drawn by them respectively, on pay- their grants

# o*" November,

1814.

* Time extended by act of 1813, No. 311.

f This act is amended by act of 1814, No. 313; which is also amended by an act of the same year, No. 314,
whereby the time is further extended, &c.

408 LANDS, ACTS RELATIVE TO. 1813.

(No. 311.) merit of the office fees, until the tenth day of November, eighteen hundred and fourteen,
any law to the contrary notwithstanding.

After the time Sect. 2. And be it further enacted. That after the tenth day of November next any
aforesaid any . . • - . '

citizen of this person or persons, citizens of this state, who shall apply at the necessary offices, may, on

payment°of payment of the usual fees for taking out grants in the late land lotteries of this state, take,

the usual fees, out an(j receive in his own name, a grant for any one lot of land in either of the land

may take out ' 7 ° J w

a grant for lotteries in this state, which shall not be then granted : Provided, that no person shall be

any lot drawn

in any of said authorized to take out a grant for any lot drawn by any orphan or orphans not then of

age, and having no legal representative in the state.
Proviso. . i ,

> BENJAMIN WHITAKER,

Speaker of the House $f Representatives*

WILLIAM RABUN,

President of the Senate.
Assented to, 2d December, 1813. -

PETER EARLY, Governor,

(No. 312.) AN ACT

To legalize a certain description of grants, which have heretofore or may here-
after be issued by the proper authority in this state.

Preamble, WHEREAS, it has so happened, in the course of Divine Providence, that a number

of persons, after having performed valuable services to the state, and were entitled to
bounties of land for their services, have departed this life before grants, have issued for
the same ; and whereas, several persons, since drawing lands in the late land lottery, have
died before the issuing of grants for the land ; and whereas, a number of grants have
been issued by the Governor of this state to persons after death, and as doubts exist as
to the validity of such grants :

Grants issued Sect. 1. BE it enacted, by the Senate and House of Representatives of the. state of

nor to gran- Georgia, in General Assembly met, and it is hereby enacted by* the authority of the same,

deTd^efore^ That all grants which have, or may be issued by the Governor of this state, to persons

the issuing of wj1Q nave or may be dead before the issuing or signing of the same, shall be deemed,

made valid, held and considered as valid and legal in law, as if the said grantee or grantees had been

&c»

LANDS, ACTS RELATIVE TO. 1813. 40^

alive at the time of the issuing and signing of said grant or grants, and as such submitted (No. 312.)
to the jury, any law, usage or custom to the contrary notwithstanding.

Sect. 2* And be it further enacted, That all grants which have, or may be issued by Grants issued
the Governor of this state to females who have intermarried, or may hereafter intermarry have inter-
previous to the issuing and signing of the same, shall be deemed, held and considered SaTintermar-

as valid and legal in law, as if the said grantee or grantees had remained unmarried at r? Previous to
... ° the issuing- of

the time of issuing and signing said grant or grants, and as such submitted to the jury, the same, le-

"* "* SfTillZCcl

any law to the contrary notwithstanding : Provided, nothing in this act contained shall
fre so construed as to authorize the admission of any grant or grants in courts issued for
lands on the south side of the Oconee river, prior to the late land lotteries.

BENJAMIN WHITAKER,

Speaker of the HoUse of Representatives,

WILLIAM RABUN,

President of the Senate.

Proviso,

Assented to, 6th December, 1813.

PETER EARLY, Governor.

AN ACT*

(No. 313.)

To amend an act entitled " An act to authorize the fortunate drawers in the late
land lotteries of this state to take out their grants until the 1 Oth day of November,
1814, and after that day to authorize any citizen of this state to take out grants
in said lotteries/' and for other purposes therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of After the 10th

Georgia, in General Assembly met, and by the authority of the same. That after the saiH °.f .Novembel>

citizens of* tins
tenth day of November, any person or persons, citizens of this state, who shall apply state> uPon

at "the necessary offices, may, on payment of one hundred dollars each, including the gToo Refill-
usual fees, take out and receive^ in his, her or their own name or names, a grant or uS^may
grants, for any lot or lots of land in either of the land lotteries of this state which shall *?? out in

, .- ? " tu 3«<tii their own

not be then granted. names grants

■ , - to lots in the

late lotteries,
„______________ not before

" granted.

* See act of 1814, No. 314, supplementary to and amendatory of this act

3 G

410 LANDS, ACTS RELATIVE TO. 1814.

(No. 313.) Sect. 2. And be it further enacted, That from and after the first day of January next

After the 1st jt snau and may be lawful for any person or persons, citizens of this state, who shall

next, the same apply at the necessary offices, on payment of fifty dollars each, including the usual fees,

may be done . . ; .

upon payment to take out, and receive in his, her or their own name or names, a grant or grants for

fnchiding the anv *ot or ^ots °f *and m either of the land lotteries of this state, which shall not be
usual fees. tjien grante(l.

i , ■

After the 1st Sect. 3. And be it further enacted, That from and after the first day of March next,

of Ms/rcn Tipxt

the like may ' it shall and may be lawful for any person or persons, citizens of this state, who shall
the payment aPPty at tne necessary "offices, on payment of. twenty-five dollars each, including the
of $25 each, usual fees, to take out, and receive in his, her or their own. name or names, a grant or

including- the 7~ ? o

usual fees. grants for any lot or lots of land in either of the land lotteries of this state, which shall
not be then granted.

After the 1st Sect. 4. And be it further enacted, That from and after the first day of May next, it

the same pri- shall and may be lawful for any person or persons, citizens of this state, who shall ap-

vilege allow- ^ at ^e neceSsary offices, on payment of the usual fees for taking out grants in the

mentofthe late land lotteries of this state, to take out in his, her or their own name or names, a
usual fees. ....

grant or grants for land in either of the land lotteries in this state, which shall not be

then granted.

No person al- Sect. 5. And be it further enacted, That no person or persons shall be authorized
out a grant for to take out a grant for any lot drawn by, or for any orphan or orphans, who may not
bv^ or fo/any1 nave Deen °f age for the term of one year at the time of taking out such grant or

by, or for any

orphan who

may not have

been of age fo* one year, or who has no legal representative in the state.

orphan who grants, or who have no legal representative in this state,
may not have

Repealing Sect. 6. And be it further enacted, That all acts or parts of acts militating against

this act shall be, and the same are hereby repealed.

BENJAMIN WHITAKER,

, Speaker of the House of Representatives.

JARED IRWIN,

N President of the Senate, pro tern.

Assented to, 5th November, 1814.

PETER EARLY, Governor.

LANDS, ACTS RELATIVE TO. 1814. 4H

AN ACT (No. 314.)

Supplementary to, and amendatory of an act, entitled An act to amend an act, en-
titled An act to authorise the fortunate drawers in the land lotteries in this
state to take out their grants, until the \0th day of November, 1814, and after
that day to authorize any citizen of this state to take out grants in said lot-
teries, and for other purposes therein mentioned, passed on the 5lh day of
November, 1814.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Fortunate

. 't^i i r drawers in the

Georgia, in General Assembly met, and by the authority oj the same, I hat the fortunate iate land lot-

drawers in the late land lotteries of this state be, and they are hereby authorized, on rizedtotake
payment of the usual fees, to take out their grants until the first day of April next. SnhiTls? T

April next.
Sect. 2. And be it further enacted, That after the said first day of April next, any After the 1st
person or persons, citizens of this state, who shall apply at the necessary offices, may ° citizen^of

take out and receive in his, her or their own name or names, a errant or grants for any th,ls state may

' j take out

lot or lots of land in either of the land lotteries of this state, which shall not then be grants in their

r i ii i i* i r own name for

granted, on payment of one hundred dollars on each grant, including the usual fees. any land in ei-

ther of the lot-
teries not before granted, on payment of jj§100 on each grant, including the usual fees.

Sect. 3. And be it further enacted, That from and after the first day of June next, After the 1st

. . . . of June next,

it shall and may be lawful lor any person or persons, citizens of this state, who shall the same pri-

apply at the necessary offices, to take out and receive in his, her or their own name or e^onthep^av-

names, a errant or grants for any lot or lots of land in either of the land lotteries of this ment °} ®50
' ° ° J , on each grant,

state, which shall not be then granted, on payment of fifty dollars on each grant, includ- including fees,
ing the usual fees.

Sect. 4. And be it further enacted, That from and after the first day of August next, After the 1st

it shall and may be lawful for any person or persons, citizens of this state, who shall next Ufhe like

apply at the necessary offices, to take out and receive in his, her or their own name or Pnvn<ege al-
rr J : ' lowed on pay-

names, a grant or grants for any lot or lots of land in either of the land lotteries of this ment of $25,
• r r including the

state, which shall not then be granted, on payment of twenty-five dollars on each grant, usual fees.

including the usual fees.

3G2

412 LANDS, ACTS RELATIVE TO. 1814.

(No. 314.) Sect. 5. * And be it further enacted, That from and after the first day of October
After the 1st neJLti) [t shall and may be lawful for any person or persons, citizens of this state, who

of October *

next, the like shall apply at the necessary offices, to take out and receive in his, her or their own name

TJrTVllcSTG 3.1-

lowed, on the or names, a grant or grants, for any lot or lots of land in either of the land lotteries of
the usual fees. tn*s state, which shall not then be granted, on payment of the usual fees.

No person al- Sect. 6. And be it further enacted, That nothing in this act contained, nor the act to
out any grant which this is amendatory, shall be so construed as to authorize any person or persons

m his own tQ ta^e out „rant or grants in his, her or their own name or names, for any lot or lots

name, for any ° ° . ' 7 J

land drawn by 0f ]anti drawn by, or belonging to, any orphan or orphans, until the expiration of one

or belonging

to any orphan, year after such orphan or orphans shall become or lawful age ; and all grants issued in

after such or- ^e name or names of any person or persons, for any lot or lots "of land in either of the

phan shall be- jancj iotteries 0f xh\s state, drawn by, or belonging to, any orphan or orphans, until the

Grants issued expiration of one year after such orphan or orphans shall become of lawful age, such

foregoing pro- grant or grants shall be null and void to all intents and purposes, as if such grant or

vision, declar- grants had not been issued.*

ed null and °

void.

Orphans, or Sect. 7. And be it further enacted, That all* orphans, or their legal representatives,

preventatives, shall be, and they are hereby authorized to take out and receive their grant or grants,

uw- arants1 on payment °f ^e usual fees, until the expiration of one year after such orphan or or-

until the ex- phans shall become of lawful age.
piration of one l .

year after such orphans become of age.

Repealing Sect. 8. And be it further enacted, That so much of the above recited act as autho-

section. . .

nzes any person or persons, citizens of this state, to take out a grant or grants in

the late land lotteries in this state, in his, her or their own name or names, at the times
therein stipulated, and all other parts of said act, and all other acts or parts of acts mi-
litating against this act be, and the same is hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 10th November, 1814.

PETER EARLY, Governor.

* This section amended by act of 1815, No. 315.

LANDS, ACTS RELATIVE TO. 1815. 413

AN ACT (No. 315.)

To amend the fifth section of an act supplementary to, and amendatory of an
act, entitled An act to amend an act, entitled An act to authorize the fortu-
nate drawers in the land lotteries in this state to take out their grants until
the tenth day of November, one thousand eight hundred and fourteen, and
after that day to authorize any citizen of this state to take out grants in said
lotteries, and for other purposes therein mentioned, passed on the tenth of
November, 1814.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, After the 10th

of January
That from and immediately after the 10th January next, it shall and may be lawful for next, citizens

r 1 • 1 1 it- 1 i rr- of the state al-

any person or persons, citizens ol this state, who shall apply at the necessary offices, to lowed to take

take out and receive, in his, her or their own name or names, a grant or grants for any theif mvn "

lot or lots of land, in either of the land lotteries of this state, which shall not hereto- names on the

payment of

fore have been granted, on payment of the sum of ten dollars on each grant. glO on each

grant.

Sect. 2. And be it further, enacted by the authority aforesaid, That the several state- The respec-
■ ■ "',;. . , tive fees of

house officers are authorized to receive, as a compensation for their' services on each the state-
grant when granted, to be deducted out of the aforesaid grant fees, the following sums, 0n each grant,
to wit: To the surveyor general, one dollar twenty-five cents; to the secretary of
state, one dollar fifty cents ; to the treasurer, twenty-five cents ; to the comptroller,
twenty-five cents ; to the Governor's secretaries, twenty-five cents.

Sect. 3. And be it further enacted by the authority aforesaid, That nothing contained
in this act, shall be so construed as to deprive orphans of the benefit of the act to which
this is amendatory.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Assented to, 14th December, 1815.

D. B, MITCHELL, Governor,

414

LANDS, ACTS RELATIVE TO. 1815.

(No. 316.)

AN ACT

To authorize persons having grants to lands without plats thereof, to have those
lands re-surveyed, and the plats thereof recorded in the county and Surveyor
GeneraVs office.

Preamble. WHEREAS, it is found from experience, that there are many grants of land of re-

cord, in the secretary of state's office of this state, the plats whereof were, during the
revolutionary war, destroyed and taken from the office of the surveyor general, and no
evidence thereof remain therein. And whereas, it is both expedient and essential to
preserve and perpetuate the title to real estate thus acquired :

Persons hav-
ing1 grants to
land without
plats thereof,
may have the
land re-sur-
veyed, and
the plats re-
corded.

Proviso, as to
caveats in such
cases.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority' of the same,
That from and after the passage of this act, all and every person or persons, who may
be possessed of, or claim titles to any lands in this state, and to which land grants have
been passed by authority thereof, and are of record in the office of secretary of state,
but plats thereof are not of record in the surveyor general's office; that then, and in
that case, the person or persons so interested, and claiming lands thus situated, is, and
are hereby authorized, by obtaining a copy of such grant from the office of the secretary
of state, to apply to, and it shall be the duty of the county surveyor of the county in
which the lands may be situated, to proceed to admeasure, ascertain and describe the
same, in the best manner he can from the said copy grant, and such other evidence as
he maybe able to procure, either from persons or papers ; and after ascertaining the
same, to make a record thereof in a book, by him to be kept for that purpose, and adver-
tise the same for the term of three months, specifying therein to whom granted, and by
whom claimed; and it shall be the duty of the said county surveyor to make a return
thereof to the surveyor general's office within twelve months thereafter, and that the
surveyor general shall then record the same in his office : Provided nevertheless, that
any person interested therein may, at any time within the said three months, enter in
the office of the said county surveyor, or in the surveyor general's office, before the
same shall be there recorded, a caveat against such record, which caveat shall be tried
in the usual way of trying caveats against the passing of grants in the first instance ;
from which an appeal may be had by either party to the Governor, as heretofore prac-
tised.

Therecording Sect. 2. And be it further enacted, That in all cases when persons interested in, or

tain cases pro- claim titles to land already granted, the copy of which plats are not of record, but the
vided for.

LANDS, ACTS RELATIVE TO. 1815. 415

plats annexed to the original grants are in the possession of such person or persons (No. 316.)

claiming the same, it shall be lawful for such person or persons, at any time, to present

the same to the surveyor general, whose duty it shall be to record the same in his office ;

a copy from which, as well as a copy from those plats recorded in the surveyor general's Copies thereof

office, in pursuance of the foregoing section, (where the original plat cannot be had,) evidence.6^

shall be held and deemed as legal evidence in all courts, where the titles to the said lands

may be called in question.

Sect. 3. And be it further enacted by the authority aforesaid, That it shall be lawful Fees of the
for the said county surveyor and the surveyor general, for all services required of them eralandcoun"
by this act, to charge and receive the same fees as they receive for like services in other ty survey°r
cases. "

BENJAMIN WHITAKER,

speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

Assented to, 8th December, 1815.

D. B. MITCHELL, Governor.

(No. 317.)
AN ACT V '

More effectually to secure the good citizens of this state in their titles to their lands,
on the several streams and ivater-courses in the same.

Sect. 1.. BE it enacted, by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That where any stream or water-course is the boundary line of any tract or parcel of What shall be

land, and shall or may have changed its route, or formed its bed or channel through any any s^e^e

tract or tracts of land, or be changed or altered bv nature or art, so as to leave a part (being" the

70 - r boundary line

or the whole of any tract or tracts of land, on the opposite side from that on which it of any tract of

— . , * land) shall de-

was at the time of survey, then, and m that case, it shall be lawful for the proper owner viate or be
of said land, either by himself or agent, to call on the county surveyor or his deputy of ;ts ori^inai
the county in which the land lay prior to such change, who is hereby authorized and
required to make an accurate survey of each part of a tract so cut oif, separately, in-
cluding the bed that such water-course formerly occupied, and make out a plat of the
same, plainly designating the land to which it was formerly attached, and record the
same in the county surveyor's office of the county in which the land originally lay ; which

channel.

416 LANDS, ACTS RELATIVE TO. 1818.

(No. 317.) said plat, when recorded and certified by the county surveyor as aforesaid, shall be re-
ceived as evidence of title in any court of record in this state having competent juris-
diction. £

Surveyor's Sect. 2. And be it further enacted, That the surveyor, when called on to perform any

" 1 such survey, shall be entitled to receive from the person for whom the land was so sur-
veyed, the same fees as are allowed in the fee bill now in force. »>

BENJAMIN WILLIAMS,

Speaker of the House of Representatives. \

MATTHEW TALBOT,

President of the Senate,
Assented to, 26th November, 1818.

WILLIAM RABUN, Governor.

(No. 318.) AN ACT*

To dispose of and distribute the late cession of land obtained from the Creek and
Cherokee nations of Indians by the United States, in the several treaties, one
concluded at Fort Jackson, on the ninth day of August, in the year eighteen
hundred and fourteen, and one concluded at the Cherokee Agency, on the
eighth day of July, in the year of our Lord one thousand eight hundred and
seventeen, and one concluded at the Creek Agency, on Flint river, the twenty-
second day of January, in the year of our Lord one thousand eight hundred
and eighteen.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General- Assembly met, and by the authority of the same, That the territory
lying south of and south-west of the Oakmulgee and Altamaha rivers, and bounding on
the counties of Wayne, Camden and the East Florida line, the Chattahoochee river, and
the Creek temporary boundary line, do form three counties, viz :

* See act of 1819, No. 322, amendatory and revisory of this act ; and to dispose of the territory acquired of
the Cherokees in 1819, by Calhoun's treaty.

LANDS, ACTS RELATIVE TO. 1818. 417

*A11 that part of said territory which lies west of a line to commence on the above (No. 318.)

temporary line, and two and three-fourth miles on the east side of Flint river, and run- Early county

defined.
ning south to the southern boundary of this state, shall form one county, to be called

Early county. And all the balance of said territory, which lies west of a line to com- Irwin county

mence at the ford of the Oakmulgee, commonly called Blackshear's ford, and running

south to the same boundary, shall form a county, called Irwin county. And the balance Appling

of said territory shall form one other county, called Appling county. The county of Earjy countv

Earlv shall be laid off into districts of twelve miles and fortv chains square, as near as *° be divided
J . , into districts

convenience will admit, by running lines parallel with the dividing line between said of twelve

county and the county of Irwin and others crossing them at right angles, and numbered chains square,

from one to twenty-three. The districts shall be divided into squares of fifty chains, Manner of do-

. . inS it-

containing two hundred and fifty acres, by lines parallel with the district lines, and others g . % \. ' .

crossing them at right angles, and the parts of tracts bounding on Flint river, and on to be divided

. . . r . . into squares of

all other water-courses within the territory, to be disposed of by this act, containing one fifty chains,

hundred and sixty acres and under, shall be considered as fractions, and disposed of **ow to be
accordingly; that fractions not lying on water-courses, containing less than a full sec- What shall be
tion or square, shall be considered fractions, and be disposed of by the state as other factions6 on
fractions not drawn, for. The counties of Irwin and Appling shall be laid off into dis- water-courses,
tricts of twenty miles and ten chains square, as near as can conveniently be, by lines on water-
running parallel with the line dividing said counties, and others crossing them at right

Irwin and Ap-
angles j and those of Irwin county, numbered from one to sixteen inclusive, and those in pling counties

the county of Appling, from thirty-six to fifty inclusive, and divided into lots of seventy into districts

chains each way, containing four hundred and ninety acres each. And the surveyor ge- ot twenty

neral shall give to each district surveyor the necessary instructions for surveying, mark- chains square.
. ... ii • i i r " • • i • Manner of do-

ing and numbering, in a clear and perspicuous manner, the squares and tractions m his jng it.

district, in conformity with the spirit and meaning of this act. To be divided

into lots of 490
acres each. Surveyor general to give necessary instructions to each district surveyor

Sect. 2. And be it further enacted, That all that part of said territory which lies
south and south-west of the Appalachee river, and adjoining the counties of Morgan,
Jasper, the Alkafahatchee river, and the present temporary boundary between this state
and the Creek Indians, and lying on the south-east side of the Chattahoochee river and
south-west of the Terreorer and Tugalo rivers, down the latter to the line of Franklin
county, and bounded by Franklin and Jackson counties, shall form four counties, and be
divided as follows, viz : f All that part of said territory which lies south and south-east ty defined0""
of a line to begin on the temporary boundary line where the same crosses Yellow river,

* See title " Counties, &c." act of 1319, No. 167", by which Early, Irwin, and Appling counties are organized.
f See title "Counties, &c." act of 1818, No. 161, by which Walton, Gwinnett, Hall and Habersham are or-
ganized.

418 LANDS, ACTS RELATIVE TO. 1818.

(No. 318.) and running north, sixty degrees east, to the Appalachee river, shall form one county,
Gwinnett and be known and called Walton county ; and all that part of said territory which lies

and defined. south-west of a line to begin at the mouth of Big creek, and running south, thirty de-
grees west, to the top of the ridge and line of the county of Jackson, thence along said
line to the head of Appalachee river, thence down the same to the corner of Walton

Hall county county, shall form one county, and be called Gwinnett county ; and all that part of said
laid out. . -ii- r « •

territory which lies south-west of a line to begin at a place where captain John Miller

now lives, on the line of Franklin county, and running north, thirty degrees west, to the

Chattahoochee river, and down the same to Gwinnett county line, shall form one county,

Habersham and be called Hall county ; and all the balance of said territory shall form one other

Said territory county, and be called Habersham ; and the said territory shall be divided into thirteen

•°+ be divided districts, as equally as conveniently can be, by running lines parallel with the lines

districts ; dividing the county of Walton and Gwinnett, and others crossing them at right angles,

And subdivid- and subdivided into tracts of fifty chains, containing two hundred and fifty acres each,

of 250 acres. by lines run as prescribed for subdividing the county of Early.

The surveyor Sect. 3. And be it further enacted, That the surveyor general shall be, and he is

general requi- i • i i • i • ■ -i ■' c \

red to appoint hereby authorized and required to appoint lit and proper persons, neither of whom shall

ru^anaTmark be a district surveyor, to run and plainly mark the several county and district lines in

the county and fat above counties, except the districts, numbers ten, eleven, twelve, thirteen, fourteen
district lines ' r '

of said coun- and fifteen, in Appling county,
ties.

Exception.

Fractions to Sect. 4- And be it further enacted, That the fractional parts of surveys, which may

be created by the natural or artificial boundaries of said territories, except as is herein
excepted by the provisions of this act, shall be sold, and the proceeds thereof placed in
the treasury of the state.

As many sur- Sect. 5. And be it further enacted, That a number of surveyors, equal to the number
tricts to be °f districts, shall be appointed by joint ballot of the legislature in one general ticket, and

appointed by ^e person having the highest number of votes shall be entitled to first choice of dis-
the legislature l ° °

The person tricts, and in that order, agreeably to the number of votes each surveyor so appointed

having the

highest num- maY receive. ,

ber of votes

entitled to the first choice of districts, and so on.

In case of tie, Sect. 6. And be it further enacted, That if two or more persons shall have an equal

rifirit of choice

how determi- number of votes, then, and in that case, it shall be determined by lot, under the superin-

tendance of the surveyor general, which person or persons shall be entitled to choice of

districts.

■

LANDS, ACTS RELATIVE TO. 1818. 4\g

Sect. 7. And be it further enacted, That no ticket shall be counted unless it be filled (No. 318.)
with the number of names from among the candidates equal to the number of districts. JJj^Sbj?

counted.

Sect. 8. And be it further enacted, That if any person shall offer and be elected a Any surveyor

. who shall be

surveyor, who shall hereafter be found deficient in the qualification necessary to a due found unquali-

execution of the duties required by this act, it shall be deemed a forfeiture of his bond, ^J rof ^
and himself and securities immediately liable therefor. hiabond!^

Sect. 9. And be it further enacted, That the respective surveyors shall give bond in Surveyors to

. give bond and
the penalty of ten thousand dollars, to his excellency the Governor and his successors in security.

office, with such security as he or a majority of the justices of the Inferior Courts of the
respective counties where the said surveyors may reside shall approve of, for the faith-
ful discharge of the trust reposed in them, and duties required of them by this act ;
Avhich bond shall be taken by the Governor or the aforesaid justices, and deposited in
the executive office.

surveyors.

Sect. 10. And be it further enacted by the authority aforesaid, That it shall be the Duties of the
duty of the surveyors, appointed in pursuance of this act, to make the surveys of the
districts to which they may be appointed, in their own proper persons, to mark or cause
to be marked, plainly and distinctly, upon trees, if practicable, otherwise stakes may
suffice, all lines which may be required to be run, for the purpose of making the sur-
veys in their respective districts, immediately after the boundary and district lines shall
have been run by the proper authority ; to cause all such lines to be measured with all
possible exactness, with a half chain, containing two perches of sixteen feet and one
half each, consisting of fifty equal links, which shall be adjusted by a standard, to be
kept for that purpose, in the surveyor general's office ; to take, as accurately as possible,
the meanders of all water-courses which shall form natural boundaries to any of the
surveys ; to note in field books, to be kept by them respectively, the names of the cor-
ner and other station trees, which shall be marked and numbered in such manner as the
surveyor general shall direct ; also all rivers, creeks, and other water-courses, which
may be touched upon or crossed, in running or measuring any of the lines aforesaid ;
transcripts of which field books, after being examined with the originals by the surveyor
general, and certified and signed, on every page, by the district surveyor returning the
same, shall be deposited in the surveyor general's office, there to be preserved as a re-
cord ; to make a return, within five months after the running the boundary and district
lines as aforesaid, of a map of the district to which they may respectively be appointed,
in which shall be correctly delineated, represented and numbered, in such order as the
surveyor general shall prescribe, all surveys within such districts, and also return, at
the same time, a detached plat of every such survey of land, certified and signed by
them, which plat shall be filed among the records in the surveyor general's office, nnd

3 H 2

420

LANDS, ACTS RELATIVE TO. 1818.

(No. 318.) from which a copy shall be made, to be annexed to grants ; and to conform to such in-
structions as they may receive from the surveyor general, from time to time, during
their continuance in office, and progress in the duties thereof, not militating with this
act.

Compensa-
tion of sur-
veyors.

Sect. 11. And be it further enacted by the authority aforesaid, That the surveyors
shall receive four dollars for every mile that shall be actually run or surveyed, as a full
compensation for all the duties required of them by this act, out of which sum they
shall defray the expenses of chain-men, axe-men, and every other expense incidental to
the said business ; and his excellency the Governor is hereby authorized and required
to issue his warrant on the treasurer, in favour of each and every surveyor, immedi-
ately after the boundary and district lines are completed, to the amount of four hundred
dollars each, to enable them to proceed without delay to the execution of their duties ;
for the balance, of which by this law they may be entitled, they shall receive a warrant
in like manner, on producing to his excellency the Governor a certificate from the sur-
veyor general, setting forth that such surveyor has completed the duties assigned him,
and also the number of miles so run and marked, and made his return conformably to
this act.

Compensa-
tion of the
s\irveyors who
may be em-
ployed in di-
viding-said ter-
ritory into
counties and
districts.

Sect. 12. And be it further enacted by the authority aforesaid, That the surveyor or
surveyors, who may be employed in dividing the said territory into counties and dis-
tricts, shall receive five dollars for each mile run and surveyed, and shall be allowed an
advance of one hundred and fifty dollars in manner aforesaid, out of which all expenses
incidental thereto must be paid, without any additional charge on the state ; and his
excellency the Governor is required to grant his warrant on the treasurer for the balance
of that service, so soon as he shall be advised by the surveyor general of its completion.

Land, how
disposed of.

Who shall be
entitled to a
draw or draws.

Proviso,

Sect. 13. And be it further enacted by the authority aforesaid, That the said land
shall be distributed by lot in the manner following, to wit : After the surveying is com-
pleted, and the returns made to the surveyor general, his excellency the Governor shall
cause tickets to be made out, whereby all the numbers of surveys in the different dis-
tricts shall be represented, which tickets shall be put in a box to constitute prizes, with
others to be denominated blanks, of which blanks the number or amount shall be deter-
mined by subtracting the number of prizes from the whole number of draws> to which
the said lottery shall be subject, upon the following principles, that is to say ; every
male white person of eighteen years of age and upwards, being a citizen of the United
States, and an inhabitant of this state three years immediately preceding the passage of
this act, including such as have been absent on lawful business, and all who served as
drafted men or volunteers in the late Indian war, whose residence has not been three
years in this state, and are now citizens of this state : Provided, they have resided, and

LANDS, ACTS RELATIVE TO. 1818. 421

continue to reside in this state since the time of said service or services being perform- (No. 318.)
ed shall be entitled to one draw ; that all officers and soldiers of the revolutionary war,
who are indigent or invalid, and who" were engaged and fought as such, on behalf of the
United States, in said revolutionary war, shall be, and they are hereby authorized to
have two draws in addition to those heretofore authorized by law ; and should any such
officer or soldiers aforesaid have been a fortunate drawer in either of the land lotteries
heretofore drawn in this state, he shall be, and he is hereby entitled to one draw in this
lottery, and shall be excepted from the general provisions of the oath prescribed by this
act so far as regards that part of said oath which requires persons to swear that they
have not been fortunate drawers in either of the previous lotteries in this state : Provid-
ed, the said officer or soldier shall swear that he is indigent or invalid, and that he was,
as such officer or soldier, engaged in the service of, and fought in behalf of the United
States in said revolutionary war ; and that all widows or orphans, whose husbands or
fathers were killed in the late wars with Great Britain and the Indians, shall be entitled
to one draw, in addition to those already allowed by this act to widows and orphans ;
every male person of like description, having a wife or legitimate male child or chil-
dren, under the age of eighteen years, or unmarried female child or children, shall be
entitled to 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 draw or draws, whose father is dead, shall
be entitled to one draw ; and 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, which shall be given in the
county and district where the eldest of said orphan or orphans, or guardian resides :
Provided nevertheless, that the person or persons who drew a prize or prizes in the late Proviso,
land lotteries, shall be excepted from any participation in the present lottery, except fa-
milies of orphans consisting of more than one person, and such other persons as are
herein excepted : Provided also, that the citizens of this state, who come under the pro- Proviso,
visions of this act as above contemplated, and who were legally drafted in the late war
against Great Britain or the Indians, and refused to serve a tour of duty, either in per-
son or by a substitute, shall not be entitled to the provisions of this act, as above con-
templated j nor any of those who evaded a draft by leaving the state or county in which
they resided, for that purpose. And if any minor or minors should draw land, the Guardians au-
guardian of said minor or minors shall have the right or privilege of applying to the takeoutgrants
Governor, and obtain the grant or grants therefor, upon the payment of lawful fees ; a I* their
but said guardian shall not be permitted to sell said land during the minority of said wards-
minor or minors.

Sect. 14. And be it further enacted, That lists of persons entitled to draw in con- Lists of per-

c ■ 1 • • c 1 • ii,,, , ... 1 1 sons entitled

tormity to the provisions ol this act, shall be taken and made out, within three months to draw,

422

LANDS, ACTS RELATIVE TO. 1818.

(No. 318.)

when to be
taken and
made out.
Persons for
that purpose
to be appoint-
ed by the In-
ferior Courts,
&c.

Duty of per-
sons so ap-
pointed.

An oath to be
taken by
them.

The oath.

Said persons
shall adminis-
ter an oath to
all applicants
for draws,
other than wi-
dows, &c. &c.

The oath.

Guardians or
next friends
of any family
of orphans to
take an oath.

The oath.

Oath of revo-
lutionary offi-
cers or sol-
diers.

from the passing of this act, by such fit and proper person or persons as the Inferior
Court of each county in this state shall or may appoint for that purpose, not exceed-
ing two to each battalion district ; and it is hereby declared to be the duty of the said
Inferior Courts respectively, to make such appointments for the purposes aforesaid, to
attend at the place of holding justices' courts in each captain's district, on as many se-
veral days as the said Inferior Courts may deem necessary and appoint for that pur-
pose ; and it shall be the duty of such person or persons so appointed, to take and make
out such lists, and to give at least ten days notice of such attendance in the aforesaid
captain's district ; and the names of persons so entitled to draws, with the number of
draws to which they may be entitled, shall be entered, in alphabetical order, in a book
to be provided for that purpose, which lists or books shall, immediately after the same
shall be completed, and transcripts thereof deposited in the office of the clerks of the
Superior Courts, be transmitted by the said person or persons to his excellency the
Governor ; and the said persons thus appointed by the Inferior Courts shall, before
they enter upon the execution of the duty required of them by this act, take and sub-
scribe the following oath, to wit: " I, A. B. do solemnly swear, or affirm, (as the case
may be,) 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 Inferior Court is hereby required to administer ; and the said person or persons ap-
pointed to take the lists as aforesaid, shall administer to all applicants for draws, other
than widows, guardians or next of friends, of orphans and revolutionary officers and
soldiers who are indigent or invalid, and those who have served a campaign in the late
Indian war, and whose residence has not been three years in this state, the following
oath, ta wit : " I, A. B. do solemnly swear, or affirm, (as the case may be,) that I am a
citizen of the United States, and have resided in this state three years immediately pre-
ceding the passing of this act, and have not, during any part of that time resided upon
the Cherokee or Creek lands, or beyond the jurisdictional limits of this state, and am
now an inhabitant of this district ; that I was eighteen years of age at the time of the
passing of this act ; that I have, or have not a wife, child or children, (as the case may
be,) that I have not given in my name for any draw or draws in the present contem-
plated lottery, in any other part of this 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, either directly or indirectly, evade the service of this state, nor of the United
States, in any of the late wars carried on against Britain or the Indians ;" and all
guardians or next of friends, to any family of orphans, shall take the following oath, to
wit : " and that the orphan or family of orphans 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."
And revolutionary officers or soldiers shall take the following additional oath to the
one prescribed to white males : " I, A. B. do further swear, that I was an officer or sol-
dier, (as the case may be,) during the revolutionary war, that I was engaged in the ser-

LANDS, ACTS RELATIVE TO. 1818. 423

vice of the' United States, and that I am an invalid or indigent officer or soldier of the (No. 318.)

revolutionary war," (as the case may be) ; and to those entitled to a draw by this act, The^oath to

for service rendered in the late Indian war, whose residence in this state have not been those entitled

three years previous to the passing of this act, the following oath : " I do solemnly s°r*iceain the

swear, or affirm, (as the case may be,) that I am a citizen of the United States, that I Jjj^jjj

performed a tour of duty in the late Indian war, (as a volunteer or drafted militia man residence in
r •> .the state has

of this state, as the case may be,) that I have been a resident of the same ever since not been three

. t t i • ' years previous

that time, and that I am now an inhabitant of this district, that I have not given in my to the passing

name for any draw or draws in the present contemplated lottery in any other part of ^scribed.

this state, that I have not drawn a tract of land in any of the former lotteries of this

state, so help me God ;" and to all widows the following oath : " I, A. B. do solemnly Oath of wi-

swear, or affirm, (as the ca$e may be,) I am a widow, that I have resided the three last

years in this state, 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 this state, and that I have not

drawn land in the former lotteries, to the best of my knowledge and belief ; so help me

God.'1

Sect. 15. And be it further enacted, That the person or persons appointed by the In- Compensation

r 'iii -1. of persons ap-

ferior Court to receive and enter the names of applicants entitled to draws in the pre- pointed to re-
sent, lottery, shall receive for each draw twenty-five cents, to be paid by the applicant te*the iiames

for said draw or draws ; and his excellency the Governor is hereby authorized and re- of aPPllcants-

. The Governor

quired forthwith to issue his proclamation, and cause the same to be published in one authorized to

of the gazettes of Milledgeville, Savannah and Augusta, setting forth the outlines of citation set-

this act, and requiring all persons interested therein to exhibit their claims in the coun- nng forth the

ties of their respective residence. act» &c-

Sect. 16. And be it further enacted, That as soon as the lists of persons entitled to Manner of
draws in the lottery, as aforesaid, shall have been received at the executive department, said land lotte-
his excellency the Governor shall cause tickets to be made out for carrying the said v? Prescnbe"-
lottery into effect, in the following manner, that is to say ; blank pieces of paper, equal
in number to the whole number of draws to which the lottery may be subject, and as
equal in size as possible, shall be prepared, and on them shall be written, separately, the
names of the several persons entitled to draws as aforesaid, and the designatory remarks
which may appear against each name ; and the pieces of paper so written on shall be
deposited in one wheel, and the blanks and prizes on pieces of paper, also as equal in size
as possible, shall be deposited in another wheel, which prizes to be drawn for, shall be
composed of each whole square or tract of land, and also all fractions on Flint river, and
other water-courses, containing one hundred and sixty acres or upwards, according to
the return of the surveyor or surveyors : Provided nevertheless, that nothing herein con-

424

LANDS, ACTS RELATIVE TO. 1818.

(No. 318.) tained shall be so construed as to form fractions on any water-courses except the Flint
river, and such other streams as form the boundary of the territory to be disposed of by
this act ; and from each wheel, as nearly at the same time as can be, one ticket shall be
taken and delivered to the managers appointed to superintend the drawing of said lot-
tery, whose duty it shall be to have the name, if a prize should be drawn against it,
entered in a book to be provided for that purpose, and opposite thereto the number of
the lot so drawn, and the number of the district, and the name of the county in which
the same may be, and that his excellency the Governor shall cause one month's notice
of the day the drawing of the lottery will commence, to be given in the several gazettes
aforesaid.

The Governor
to give one
month's notice
of the day on
which the
drawing will
commence.

Vacancies of
district sur-
veyors, how
filled.

Sect. 17. And he it further enacted, That where vacancies may happen by death,
resignation, or otherwise, of any district surveyor or surveyors, appointed in pursuance
of this act, the Governor is authorized and required to fill up such vacancy or vacancies ;
and in case any surveyor shall fail to execute the trust reposed in him, either from inat-
tention or otherwise, in such manner as, in the opinion of the Governor, may render
doubtful the finishing the surveys within the time limited, he shall have power to de-
clare such appointment vacant, and to fill up the same as in case of other vacancies.

An oath to be
taken by the
surveyors.
The oath.

Chain-men to
take an oath.

The oath.

The axe-man
or marker to
take an oath.

Sect. 18. And be it further enacted by the authority aforesaid, That the surveyors to be
appointed in pursuance of this act shall, before they proceed to the duties of their ap-
pointments, take and subscribe the following oath or affirmation : to wit, " I, , do

solemnly swear, or affirm, (as the case may be,) that I will well and faithfully, to the utmost
of my skill and abilities, discharge the duties of surveyor for district No. — , agreeably
to the requisitions of this act, so help me God ;" which oath the surveyor general is
authorized and required to administer ; and all chain-men to be employed in pursuance
of this act, shall, before they enter severally upon their duty, take the following oath or

affirmation : to wit, " I , do solemnly swear or affirm, (as the case may be,) that I

will, to the utmost of my skill and judgment, measure all lines which I shall or may be
employed on as a chain-carrier, as accurately, and with as little deviation from the
courses pointed out by the surveyor as possible, and give a true account of the same to
the said surveyor, so help me God ;" and to every axe-man or marker, an oath similar
to the above, so as to effect the objects of his duty ; which oath the district surveyors
are hereby empowered and required to administer.

Preamble to
section 19th.

Grants found-
ed on illegal
surveys in said
territory de-
clared null
and void, &c.

Sect. 19. And ivhereas, it may so happen that persons have surveyed lands in the
aforesaid cessions contrary to law, and on which grants may have been issued : Be it
therefore enacted by the authority aforesaid, That all such surveys or grants are hereby
declared to be null and void to all intents and purposes, as though the same had never
been made or issued ; nor shall any survey or grant in the aforesaid cessions be admitted

LANDS, ACTS RELATIVE TO. 1818. 425

to a jury, as evidence of title to the lands in this act described, except those obtained by (No. 318.)
virtue and under the authority of this act, any law to the contrary notwithstanding.

Sect. 20. And be it further enacted. That all persons against whose names lands may Fortunate

J ■■..'./ drawers enti-

be drawn in pursuance of this act, shall be entitled to receive grants for the same, vest- tied to their

• i • 1 r • u grants on pay-

ing in them fee simple titles, on paying into the treasury ot this state the sum ol eighteen meut of g18#

dollars for each tract so drawn and granted, in lieU of all fees of office and other charges

for surveying and granting the said lands : Provided nevertheless, That if any person or Proviso.

persons, entitled to such grant or grants, shall fail to pay the aforesaid sum, and take out

such grant or grants within two years from the completion of the lottery, except as herein

before excepted, the same shall revert to and be vested in this state.

Sect. 21. And be it further enacted ' bm the authority aforesaid, That all returns, made Grants fbund-

contrary to the true intent and meaning of this act, are declared to be fraudulent, and all lent draws,

. . til u declared null

grants issued in consequence of any draw made in the contemplated lottery, on such and void#

fraudulent return, are hereby declared to be null and void, and the lands so granted shall

revert to, and become the property of this state. And the question of fraud may be The question

r r • of fraud how

tried in a scire facias in favour of the state, against the tenant in possession, or the drawer, tried.

setting forth the circumstances specially ; and the land, when condemned, shall belong,

one half to the state and the other half to the informer.

Sect, 22. And be it further enacted, That lots Nos. 10 and 100, shall be reserved and Ff'fo^jjjj1 ot

set apart in each surveyor's district for the education of poor children. education of

poor children.

Sect. 23. And be it further enacted, That the proceeds arising from the sales of the Monies arising
J from the sales

fractions, if there be any after defraying the necessary expenses, be set apart as a perma- of fractions

. .. . appropriated

nent fund for the purpose mentioned in the preceding section.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 15th December, 1818.

WILLIAM RABUN, Governor,

3 1

426

LANDS, ACTS RELATIVE TO. 1818.

(No. 319.)

AN ACT

Persons who
have had land
surveyed on
head rights, or
bounty, requi-
red to take
out their
grants in a
certain time,
otherwise to
revert to the
state.
Proviso.

Grants to land
hereafter so
surveyed shall
be taken out
within three
years from the
time of survey,
otherwise the
land shall re-
vert.

Proviso.

To limit the time for persons to take out their grants in this state, so far as relate*
to land surveyed on head rights and bounty icarrants.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General As-
sembly met, and by the authority of the same, That from and after the term of two years
from the passing of this act, all persons who have heretofore had any tract or tracts of
land surveyed in this state on head rights or bounty, shall take out the grant for the
same, otherwise it shall revert to, and become the property of the state, and be subject to
be surveyed by any other person, who is authorized to survey the same, and obtain a grant
from the state : Provided nevertheless, that nothing herein contained shall be so con-
strued, as to operate against or prejudice the claim of any orphan or orphans.

Sect. 2. And be it further enacted, That the time hereafter to be allowed to persons
who may hereafter have any land surveyed in this state, on head right or bounty, shall
be three years from the time of making such survey, and in case of failure or neglect to
take out the grant, it shall revert to and become the property of the state, and be sub-
ject to be surveyed and granted to any person or persons, who are hereby authorized to
survey the same, with the same proviso as is contained in the above section.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate. •

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor,

LANDS, ACTS RELATIVE TO. 1819. 427

AN ACT (No- 32O0 .

To legalize and make valid the returns for draws in the present contemplated land
lottery, which have been received by the Inferior Courts in this state.

WHEREAS, under the act disposing of the territories lately acquired from the Creek Preamble
and Cherokee nations of Indians, several of the Inferior Courts of the different counties
in this state felt themselves authorized to receive the returns for draws in said lottery,
in their own persons, and did accordingly receive returns, and make their returns to the
executive in terms of the said law. And whereas, some doubts have been entertained
whether the said returns were according to the true intent and meaning of the said act,
authorizing said lottery :

BE it therefore enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That J*™™*^

all'returns for draws in said lottery, which have been received by the members of any of by the mem-

. / • ftjT . . , -u bers of any ot

the Inferior Courts in this state, instead of appointing other persons to receive them, the Inferior

and which have been returned to the executive office of this state, shall be taken, held turned"*

and considered as good and valid in law, as though they had been taken and returned by ^J^cutive

any person or persons, other than the Inferior Court, who might have been appointed ized.

by any Inferior Court, under the aforesaid statute for the aforesaid purposes, any law

or construction of laws to the contrary notwithstanding.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 9th December, 1819.

JOHN CLARK, Governor.

3 12

428

LANDS, ACTS RELATIVE TO. 1819.

(No. 321.)

AN ACT

For the relief of persons who were entitled to draw or draws in the land lottery,
agreeable to an act, entitled An act to dispose of and distribute the late cession
of land obtained from the Creek and Cherokee nations of Indians by the Unit-
ed States, in the several treaties, fyc. passed the fifteenth day of December,
eighteen hundred and eighteen.

Preamble, WHEREAS, it appears that a number of the good citizens of this state, by not be-

ing properly apprised of the provisions of the before recited act, or were absent from
the state on lawful business, and the time limited therein for giving in their names,
although duly qualified and entitled to a draw or draws, are now prevented from doing
so, in consequence of the justices who took in their names having made their returns
to the executive office as the law directs.

Persons enti-
tled to draws
in the land
lottery, may
give in their
names on or
before the 31st
of May next.

What to be
done by them.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That all persons duly entitled to a draw or draws in said lottery, who shall, on or be-
fore the thirty-first day of May next, go before the Inferior Court of their county, or
any justice of the same out of court, and take the oath prescribed by said act, shall re-
ceive from such court, or justice out of court, (he, she or they paying twenty-five cents
for each draw or draws he, she or they may be entitled to,) a certificate of the same ;
which certificate being transmitted to his excellency the Governor, he shall cause the
same to be entered on the list of names returned to him from the district where such
person or persons resided ; and such person or persons whose names are so entered,
shall be as fully entitled to their draw or draws as if they had been taken in the first
instance.

Certificates Sect. 2. And be it further enacted by the authority aforesaid, That all those certificates

vtouTto the6 returned to the executive office by those persons who were appointed to take the list of

passing of this names of persons entitled to a draw or draws, or by any justice of the Inferior Court

or justice of the peace, previous to the passing of this act, shall be considered valid,

LANDS, ACTS RELATIVE TO. 1819. 429

and shall be enrolled in their proper places accordingly, and such persons entitled to (No. 321.)
said draw or draws as though they had given in as prescribed by said act.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 13th December, 1819.

JOHN CLARK, Governor.

AN ACT (No. 322.J

Amendatory and revisory of an act, passed the 1 5th day of December, 1818, to
dispose of and distribute the late cession of land obtained from the Creek and
Cherokee nations of Indians by the United States, in the several treaties ; one
concluded at Fort Jackson, on the ninth day of August, in the year 1814, and
one concluded at the Cherokee Agency, on the Sth day of July, in the year of
our Lord one thousand eight hundred and seventeen, and one concluded at the
Creek Agency, on Flint river, the 22d day of January, in the year of our Lord
1818 ; and to dispose of the territory lately acquired of the Cherokee Indians,
by a treaty held by the honorable John C. Calhoun, at the city of Washington,
on the 21th day of February, in the year of our Lord 1819.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That all that part of the territory aforesaid, which lies in the fork of the Chatahoochee Additional

and Chestatee rivers, and south-west of a line beginning on the Chatahoochee river, /Jj^Hali

where the line dividing the counties of Hall and Habersham corners on the same, and countY-
running thence a due west course, until the same strikes the Chestatee river, be added

to and become a part of Hall county, and that the same be laid out into three districts, The same to

as nearly equal as practicable ; and that all of the said territory which lies north-east of to 3 districts.

the before recited line, and north-west of the Chatahoochee and Blair's line, until the An addition

made to Ha-
same strikes the top of the Blue Ridge, be, and the same is hereby added to, and become bersham coun-

a part of Habersham county, which shall be laid out into six districts, as nearly equal as '

v / ' ' J n To be laid out

practicable j and all the balance of the said territory shall form one county, to be called into 6 districts

The remain-

430

LANDS, ACTS RELATIVE TO. 1819.

and known by the name of Rabun,* and be laid off into five districts, as nearly equal as
practicable.

(No. 322.)
ing territory
to form the
county of Ra-
bun.

Districts, Nos.
5 & 6, in Ha-
bersham coun-
ty, and Nos. 1,
3, 4, & 5, in Ra-
bun, to be laid
off into tracts
of 490 acres
each.

Numbers 10,
11 and 12, in
the county of
Hall, and 1, 2,
3 & 4 in Ha-
bersham, and
No. 2, in Ra-
bun, to be laid
off into tracts
of 250 acres.

Fractions,
what consi-
dered as such,
and how dis-
posed of.

Sect. 2. And be it further enacted by the authority aforesaid, That the districts,
numbers five and six, in the county of Habersham, and districts numbers one, three,
four and five, in the county of Rabun, be laid off into tracts of seventy chains each
way, containing four hundred and ninety acres each, by lines running north and south,
intersected by others at right angles. The districts numbers ten, eleven and twelve,
in the county of Hall, and the districts numbers one, two, three and four, in the coun-
ty of Habersham, and district number two, in the county of Rabun, be laid off into
tracts of fifty chains each way, containing two hundred and fifty acres, by lines running
due north and south, intersecting others at right angles ; and that all tracts or lots which
shall contain less than one hundred and sixty acres, and lying on the Chatahoochee, the
Chestatee, the Chetauga, and the Terrura rivers, shall be considered fractional tracts.,
and disposed of accordingly; and that all other tracts or fractions lying on the dry lines,
containing less than full squares, shall be considered fractions, and shall be disposed of
accordingly ; and all other fractions containing above one hundred and sixty acres, ex-
cept on the dry lines, shall be drawn for as squares, and all the squares and such frac-
tions shall be put into the wheel and drawn at the same time as the squares and fractions
in the act to which this is a supplement.

Surveyor ge- Sect. 3. And be it further enacted by the authority aforesaid, That the surveyor ge-

instructions to neral shall give each district surveyor instructions, in conformity with those given

the district

surveyors.

agreeably to the act recited by this act in the caption of the same.

Three survey-
ors to be elec-
ted by the le-
gislature, to
lay off said
territory into
14 districts.

Their com-
pensation.

Sect. 4. And be it further enacted by the authority aforesaid, That there shall be
elected, by joint ballot of the legislature during the present session, three surveyors,
who shall lay off said acquired territory into fourteen districts, as nearly equal in size
as practicable, agreeably to the provisions of this act, and who shall receive four dollars
as a compensation for each mile run by them in laving out said districts, and running
the county lines agreeable to the provisions of this act.

14 surveyors Sect. 5. And be it further enacted by the authority aforesaid, That there shall be
to laVoffsaid elected fourteen surveyors in the manner above pointed out, who shall lay off the dis-
tricts into tY\cts aforesaid into lots and fractions, agreeably to the provisions of this act, and who

iOtSs 5tC.

Their com- shall receive four dollars as a compensation for each mile run by them in laying off

pensation. ^-^ districts into lots and fractions as aforesaid.

* See title, « Counties, &c." act of 1819, No. 170, by which the county of Rabun is organized.

LANDS, ACTS RELATIVE TO. 1819. 431

Sect. 6. And be it further enacted, That the persons appointed agreeably to the (No 322.)

• ,'• T. 1 1 • l» A A oa District sur-

provisions of this act, to lay off said territory into districts, shall give bond and se- veyors to give

curity to his excellency the Governor in the penal sum of five thousand dollars, for J^nd se-

the faithful performance of their duty in three months from the date of their appoint- take an oath.

ments, and who shall take the oath prescribed by the before recited act.

Sect 7 And be it further enacted by the authority aforesaid, That the persons Checking sur-
o-cui. i. j-lii, j j .. _ veyorstogive

elected agreeable to the provisions of this act, to check off- said territory into lots, &c. bond and se-
shall give bond and security to his excellency the Governor, and take the oath pre- ^ea/oath.
scribed by the before recited act, and perform their duties in strict conformity with the
same, and for any failure shall incur the same penalties.

Sfct 8 And be it further enacted by the authority aforesaid, That the surveyors What sums

J . paid in ad-

respectively appointed by this act, shall be allowed the same sums in advance, and un- vance t0 sai(j

.. -i-iur -xi^ surveyors,

der the same restrictions contained in the before recited act.

Sptt 9 And be it further enacted by the authority aforesaid, That the labour of Labour of the
' • • r "'-il' i! k district sur-

the three district surveyors to be elected agreeably to the provisions of this act, shall be veyorsto be

as nearly equalized as can . conveniently be by the surveyor general of this state, and ^LTof dis-

the person having the highest number of votes at said election shall be entitled to tricts regular

first choice of parts, and in that order agreeable to the number of votes they may re-

ceive.

Sect 10, And be it further enacted, That no ticket shall be counted, unless it shall What tickets
J . shall not be

contain the full number of persons to be elected either as district or checking surveyors, COUnted.

out of the number of candidates ; and each surveyor elected to check off districts shall

be entitled to choice agreeable to the provisions of the before recited act.

Sect. 11. And be it further enacted, That said territory, when surveyed, shall be Said territory

, t . ! • r i u to be disposed

distributed by lot in the same manner as prescribed by the thirteenth section o* the be- 0f by lottery.

fore recited act, with the exceptions hereinafter made.

Sect. 12. And be it further enacted by the authority aforesaid, That the lists of Lists of per-

., r-'-ii • sons now enU-

persons who may now be entitled to a draw or draws in conformity with the provi- tie(i to draws,
sions of this act, shall be taken in and made out within three months after the passing whattimeto
of this act, by fit and proper persons to be appointed by the Inferior Court in each ^made out'
county for that purpose, under the provisions of the fourteenth section of the before re-
cited act.

432

LANDS, ACTS RELATIVE TO. 1819.

(No. 322.) Sect. 13. And be it further enacted by the authority aforesaid, That if any person

Persons who shall have failed to give in for the full number of draws to which they may have been
have not giv-
en in for their entitled under the thirteenth section of the act of the 15th December, 1818, to which

draws author- tn^s act 1S a supplement, such person, on making oath that he or she had no knowledge

izedtodoso. 0f tne provision so made in his or her favour, shall be authorized to give in for said

draws under the same rules and regulations as pointed out by said thirteenth section.

Persons ap-
pointed to re-
ceive returns
for draws, how
qualified and
paid.

Qualification
of persons
giving in.

Proviso.

Sect. 14. And be it further 'enacted by the authority aforesaid, That the persons ap-
pointed as aforesaid to take in the names of those persons entitled to draws, shall be
qualified and paid in the same manner prescribed by the before recited act, and the qua-
lifications of persons entitled to draws shall, in all instances, be the same ; and the same
oath or affirmation shall be administered : Provided, that nothing herein contained shall
be so construed to prevent any person or persons from giving in for a draw or draws,
who may have become entitled to the same since the passage of the before recited act, by
marriage, citizenship or otherwise : Provided, they were citizens of this state three years
immediately preceding the passing of this act ; or prevent any person or persons from
such draw or draws, who may have removed upon the territory acquired under any
treaty after the ratification of the same: And provided also, that no person or persons
shall be entitled to any draw or draws, who shall have resided upon said territory pre-
vious to the extinguishment of the Indian title to the same ; and that all persons, before
they be permitted to give in for draws, shall be sworn accordingly.

The Governor Sect. 15. And be it further enacted by the authority aforesaid, That his excellency the
is^uelfis pro- Governor is hereby authorized and required forthwith to issue his proclamation, and
clamation set- cause tne same x.o be published in any of the gazettes of Milledgeville, Savannah, Augusta
outlines of this and Washington, setting forth the outlines of this act for the information of citizens
entitled to the benefits thereof. And whereas, it may so happen that persons have sur-
veyed lands in the territory now contemplated to be disposed of, contrary to law, and
on which grants may have been issued :

act

Former sur- Be it therefore enacted by the authority aforesaid, That all such surveys or grants are

grants in said hereby declared to be null and void, to all intents and purposes, as though the same had
territory de- never been made or issued, nor shall any survey or grant in the aforesaid cession be
and void. admitted to a jury as evidence of title to the lands in this act described, except those

obtained by virtue and under the authority of this act, any law to the contrary notwith-
standing.

The territory Sect. 16. And be it farther enacted by the authority aforesaid, That the territory before

act to be dis- laid out and defined agreeable to the provisions of this act, and that said territory shall

agreeably to ^e disposed of in the same manner, and under the same restrictions as contemplated by

act of 1818. tne before recited act.

LANDS, ACTS RELATIVE TO. 1819.

433

Sect. 17. And be it further enacted by the authority aforesaid, That should there be
more districts than there is contemplated in this act, and surveyors appointed for, that
the Governor shall in all such cases be authorized to appoint a surveyor for each and
every such district, as well in the present contemplated land lottery as the former, and
-to fill all vacancies that may occur in any of the appointments of surveyors, as well those
who were authorized to lay off the counties and districts as those to check the districts.

Sect. 18. And be it further enacted by the authority aforesaid, That this act is in full
conformity with the before recited act, except as herein before excepted, any law, usage
or custom to the contrary notwithstanding.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

(No. 322.)

Governor au-
thorized to
appoint sur-
veyors in case
there should
be more dis-
tricts than are
contemplated
in this act.
May fill vacan-
cies.

This act de-
clared to be
in conformity
with the re-
cited act.

Assented to, 21st December, 1819.

JOHN CLARK, Governor.

3 K

[ 434 ]

LIGHT-HOUSE.

AN ACT

To cede jurisdiction over Jive acres of land on Wolf Tshnd. or part thereof across
the creek at the west end of said Island, for the purpose of erecting a Light-
House, or Beacons.

Jurisdiction
over a part of
Wolf Island
ceded to the
U. States for
the purpose
of erecting a
light-house,
&c.

Proviso.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, the jurisdiction to and over five acres
of land on Wolf Island, in the county of McIntosh, for the purpose of erecting a light-
house or beacons, be, and the jurisdiction thereof is hereby ceded to the United States
of America : Provided, the United States has or shall erect a light-house or beacons on
the same.

Further privi- Sect. 2. And be it further enacted by the authority aforesaid, That the United States
ege gran e . ^ America may t^ke a part of the said five acres of land across the creek at the west end

of Wolf Island, in the same manner and on the same terms prescribed above for Wolf

Island.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 14th December, 1819.

JOHN CLARK, Governor

L 435 ]

LUMBER AND STAVES.

AN ACT

To amend an act to regulate the admeasurement and inspection of Lumber, Staves,
Shingles, and for other purposes therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assejnbly met, and by the authority of the same, That from and Sawed scant-

after the passing of this act, sawed scantling and boards, pipe, hogshead and barrel pipe, hogs- '

staves, shall be considered merchantable only when made, formed, shaped and condi- ^staves **"

tioned in the manner following;, to wit : All sawed scantling shall have three square when consi-

°' . ' dered mer-

edges, sound and without decay ; pipe staves to be at least fifty-four inches in length, chantable.

three inches in breadth, and one inch thick on the thin edge ; hogshead staves to be

forty-two inches long, three inches broad, and not less than three quarters of an inch on

the edge, sound and free from worm or knot holes ; barrel staves to be two and a half

feet long, three inches wide, and not less than three quarters of an inch on their edge,

sound and free from worm or knot holes.

Sect. 2. And be it further enacted, That all laws or parts of laws heretofore passed, Repealing
militating against this act, be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

3 K2

[ 436 2

MILITIA.

AN ACT*

More effectually to provide for the organisation and equipment of the Cavalry of

this state.

Preamble. WHEREAS, the organization, arming and equipping of a good and efficient caval-

ry, are objects of the first necessity:

Sect. 1. BE it therefore enacted by the Senate and House of Representatives , in Gene-

The cavalry ral Assembly met, That the several troops of cavalry throughout the state shall be
organized into . . ~ . . . , , . , . . ,, ,

squadrons, re- organized, as heretofore, into squadrons, regiments, and one brigade ; and shall be in

one Trieade tnat ProPorti°n to the infantry which is pointed out by the militia laws of the United
States.

A squadron
shall be com-
manded by a
major ; a regi-
ment, by a
lieutenant-
colonel.

General bri-
gade com-
manded by a
brigadier ge-
neral.

Officers, how
elected, &c.

Sect. 2. And be it further enacted, That a squadron shall consist of not less than
three, nor more than five troops, and shall be commanded by a major ; a regiment, of
not less than two, nor more than three squadrons, and shall be commanded by a lieute-
nant colonel ; and it shall be so ordered, that to each regiment, brigade, and division of
the infantry, there shall be one troop, squadron, and regiment of cavalry, forming in
the whole, throughout the state, one brigade j and shall be commanded by a brigadier
general.

Sect. 3. And be it further enacted, That when vacancies may hereafter happen, the
brigadier general, as heretofore, shall be elected by the legislature ; the lieutenant colo-

* See act of 1818, No. 341, by the 33d section of which, all laws or parts of laws, organizing a brigade, re-
giment, or squadron of cavalry, are repealed, and which enacts that only one troop of horse shall be attached
to a regiment of infantry.

MILITIA. 1811. 43

nels and majors, by the commissioned and brevetted officers of regiments and squadrons (No. 325.)
respectively ; and the captains and subalterns by the members of the respective troops ;
the elections being conducted in the same manner, and under the same restrictions, as
are pointed out by law for the officers of the same grade in the infantry ; fifty days no- Notices of
tice being the notice to be given, of the time and place of holding an election for a lieu-
tenant colonel, forty for a major, and twenty for captains and subalterns ; and that the
officers of each squadron shall assemble separately, at the usual place of holding their
squadron parades, for the election of their field officers.

Sect. 4. And be it further enacted, That the brigadier general and lieutenant colonel Brigadier ge-

have the appointing their own staff, in conformity to the militia law of the United tenant colonel,

States ; and that the brigade major shall be commissioned by the commander in ^heir staff"1

chief. Brigade ma-

jor, how com
missioned.

Sect. 5. And be it further enacted, That each captain shall parade and exercise his Musters regu-

troop at least four times in every year ; and that each squadron shall be called out once

in every year, to some fit and convenient place, for the purpose of being trained and

exercised, for a period not exceeding three days, by their brigade major, their lieutenant

colonel, their brigadier general, or the adjutant general of the state, as may be ordered.

Sect. 6. And be it further enacted, That all orders for any muster or rendezvous Orders for
shall be given on the parade verbally, or elsewhere in writing ; and that lieutenant co- ^ow o-i'ven
lonels shall have fifty, majors forty, captains and subalterns twenty, and non-commis-
missioned officers and troopers, ten days notice.

Sect. 7. And be it further enacted, That the said companies shall have the power of Companies

. . may make
making bye-laws ; and the power of imposing, collecting and applying the fines arising bye-laws.

from non-attendance at troop, squadron, or regimental parades, shall be enjoyed by the Officers of

. ... . each, troop,

officers of each troop, squadron and regiment respectively, either in the capacity of &c. vested

.- ... ~ , . . . with a power

troop, squadron or regimental courts or enquiry, and m such way and manner as may 0f fining-.

be deemed the best calculated to promote the great objects of order, uniformity, dis-
cipline and organization : Provided, the fines so imposed shall not exceed the fines Proviso,
imposed on the infantry in like cases ; and nothing therein contained shall be in viola-
tion of, or repugnant to the spirit and meaning of the militia laws.

Sect. 8. And be it further enacted, That whenever the cavalry shall be associated Who shall

with other corps, for the purpose of duty or exercise, it shall be by order from the when the'ca-

commander in chief, and the officers present of the highest grade and oldest commis- ^Lociated

sion shall command. with other

corps.

438

MILITIA. 1811.

(No. 325.)

When.no elec-
tion has taken
place, officers,
how appoint-
ed.

Sect. 9. And be it further enacted, That in case the officers of any regiment or
squadron, or non-commissioned officers and troopers of any troop, shall refuse or ne-
glect to elect a lieutenant colonel, major, captain, and subaltern or subalterns, some fit
and proper person shall be nominated by the brigadier general, if for a lieutenant colo-
nel j by the lieutenant colonel, if for a major; by the major, if for a captain or subal-
tern, to the commander in chief, who shall grant a commission to said person, as if
he had been duly elected.

Cavalry offi-
cers, how ar-
rested, tried,
&c.

Sect. 10. And be it further enacted, That cavalry officers shall be arrested, tried,
fined or cashiered, in the same manner, and under the same rules and restrictions, as
the militia laws have provided for officers of similar grade in the infantry ; and that
calls for officers of different corps, to sit on the said courts martial, shall be reciprocally
made, as the case may warrant, by officers of the cavalry and infantry.

Swords and Sect. 11. And be it further enacted, That there shall be purchased for the use of the

purchased for cavalry, one thousand swords with sabre blades, and seven hundred and fifty pair of
e cava ry. pistols ;* and that the same shall be paid for out of any money which is, or hereafter
may be, in the treasury ; and that the commander in chief shall pursue such measures
for procuring the said arms as he may deem proper, and deposit the same in the arsenal
of this state, or some other fit and proper place, subject to the future order of the le-
gislature, or, in cases of emergency, the Governor for the time being.

Cavalry, when
subject to the
command of
the lieutenant
colonels and
brigadier ge-
nerals of the
infantry.

Sect. 12. And be it further enacted, That the troops of cavalry shall nevertheless
be subject to the command of the lieutenant colonels and brigadier generals of the in-
fantry, (so far as to attend the general review,) to perform the usual routine of patrole
duty, and subject to their call, in case of rebellion, insurrection, or any sudden emer-
gency, when they are not under orders from the field officers of the cavalry, for the like
purposes.

llulesandre- Sect. 13. And be it further enacted, That the rules and regulations relative to dress,

gulations re- \

lative to dress, arms, horses, and furniture, heretofore published by the brigadier general, and which'

&c.

may hereafter be published by him in obedience to the militia laws, shall be deemed

obligatory : Provided, nothing therein contained shall prevent any member of the troop
of cavalry of this state, or who may join the same, from substituting deep blue home-
spun cloth in lieu of broad cloth or cassimere, in the formation of their uniform.

* So much of this section as relates to the purchase of pistols was repealed by act of 1812, No. 329.

MILITIA. 1811.. 439

Sect. 14. And be it further enacted, That all laws militating against this law be, and (No. 325/

the same are hereby repealed. Repealing

J r clause.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 16th December, 1811.

D. B. MITCHELL, Governor,

AN ACT (No. 326.)

To authorize his excellency the Governor forthivith to contract with Jit and proper
persons to make a certain number of Rifle Guns, with the apparatus thereunto
belonging, for the use of the Militia of this state.

WHEREAS, the time has arrived when it is highly necessary that the citizens of this Preamble,
state should have arms placed in their hands to defend their rights and liberties :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met,- and it is hereby enacted by the authority of the same,

That from and immediately after the passing of this act his excellency the Governor The Governor
•i-ii i • i • • authorized to

be, and he is hereby authorized and required to contract with fit and proper persons, on contract for

such terms as he shall deem advisable, to make five hundred rifle guns, three feet four ri e o" ' .'

inches long in the barrel, counter-bored and good substance, well stocked with strong

wood, and mounted with iron, and well polished, of the size to carry fifty balls to the

pound, with moulds and wipers for each gun, and have the same deposited in the public

arsenal of this state, subject to be drawn for under the direction of the commander in

chief for the militia, and pay for the same out of any money that now is, or that may

hereafter come into the treasury of this state, not otherwise appropriated.

Sect. 2. And be it further enacted, That his excellency the Governor be, and he is And to pur-
chase 10 000
hereby authorized and required to purchase ten thousand pounds of gun-powder, and lbs. ofpowder,

twenty-five thousand pounds of lead, and fifty thousand rifle and musket flints, and de- ^-^J000

440 MILITIA. 18121.

(No. 326.) posit the same in the public arsenal of this state, or at such other place or places ^within
this state as, in his opinion, the public safety may require.

Assented to, 7th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

(No. 327.) AN ACT

To add the county of Madison to the second brigade of the fourth division of the

Militia of this state.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
Madison coun- in General Assembly met, and it is enacted by the authority of the same, That the county
the&2d brigade of Madison shall be added to, and form a part of the second brigade of the fourth di-

of the 4th di- yision of the militia Gf this state.

vision ot tne

militia.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.

MILITIA. 1812. 44X

AN ACT (No. 328.)

To form a new division out of the counties of Randolph, Jones, Twiggs, Pulaski,

Telfair, Laurens and Wilkinson.

, Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the "authority '"of the same it is hereby enacted,

That the counties of Randolph, Jones, Twiggs, Pulaski, Telfair, Laurens and Wilkin- A fifth divi-

... in s*on °*" mititia

son be, and the same are hereby formed into a new division, to be known by the fifth created.

division of Georgia militia.

t
Sect. 2. And be it further enacted, That the counties of Randolph and Jones shall The ls,t and

.2d brigades of
form the first brigade of the fifth division, and the counties of Twiggs, Pulaski, Tel- said division

fair, Laurens and Wilkinson, shall form the second brigade of the fifth division of the
Georgia militia.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate

defined.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.

AN ACT (No. 329v

To amend an act, entitled An act more effectually to provide for the organization
and equipment of the Cavalry of this state, passed the 16th December, 1811,
and for authorizing the Governor to distribute the public arms.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of So much of

Georgia, in General Assembly met, and it is hereby enacted, That so much of the before thf recited

recited act as requires his excellency the Governor to purchase seven hundred and fiftv <luires the

x • Governor to

pair of pistols be, and the same is hereby repealed. purchase 750

pair of pistols,
repealed.

Sect. 2. And be it further enacted, That his excellency the Governor be, and he is The Governor

rized to
ase not

hereby authorized to purchase any number of pistols and holsters that he may think ^h™

3 L

442 MILITIA. 1812.

(No. 329.) ^proper and necessary, for the use of the cavalry of this state, not exceeding seven hun-

cxceeding 700 ^re^ pajr 0f pistols and holsters,
pair of pistols * *

and holsters.

May contract Sect. 3. And be it further enacted, That the Governor be, and he is hereby autho-

tional number rized to contract with fit and proper persons for an additional number of swords, not

exceeding five hundred, as he may think proper.

Distribution Sect. 4. And be it further enacted, That his excellency the Governor be, and he is

arms. hereby authorized to make such distribution of the public arms, accoutrements and mu-

nitions of war, as he may deem necessary for the protection of the frontier, or the good
of this state generally.

The cavalry of Sect. 5. And be it further enacted, ^That the cavalry now organized, or which may
sionof the mi- hereafter be organized, in the fifth division of the militia of this state, shall be retained
to the ^esnec *n an<^ attached to the respective regiments of cavalry as heretofore defined ; any law to

the regiments the contrary notwithstanding,
of cavalry, as

denned BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

* S.ee act of 1818, No. 341, 33d section.

MILITIA. 1812. 44;

AN ACT* (No. 330."*

To organize the detachments of men which now are, or hereafter may be, required
by the President of the United States from the executive of this state, for the
service of the Union, and to organize Volunteer Companies.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia* in General Assembly met. That whenever any detachment of militia may be Requisition of
5 ' • . . . . militia by the

required of this state by the proper authority, for the service of the United States, it u. States, how

shall be the duty of the adjutant general to apportion the numbers required from &\? '

the several divisions and brigades, and form the same into regiments and battalions,
and to give orders to the respective brigade inspectors, whose duty it shall be to appor-
tion the requisition required of the several regiments, battalions and companies within
the brigade to which such brigade inspector may belong, and out of each regiment, bat-
talion or company to raise, by draft or otherwise, the proportion required from each
regiment, battalion or company.

Sect. 2. And be it further enacted, That it shall be the duty of the several colonels Elections for
out of whose regiment any such company shall or may. be formed, for the use of the of companies
United States, those now actually engaged in the service of the United, States together u^StaJT re-
with those who have already made choice of their officers excepted, to proceed without g^1^^-
delay to advertise elections for captains, lieutenants and ensigns, to command said com-
panies, which election shall be held as near the centre of each company as convenience
will permit, and shall be held and conducted in the same manner, and subject to the same
regulations as to votes, &c. as govern the elections for militia officers of the same grade
in this state, and the return thereof shall be transferred to his excellency the Governor
without delay ; and it shall be the duty of his excellency the Governor, within ten days Governor shall
after the return thereof, to open and compare the returns, and issue special commissions them,
to the persons so elected ; and the officers so commissioned shall continue in office until
discharged from the service of the United States, or until their office shall be vacated
by death, resignation or other disqualification.

Sect. 3. And be it further enacted, That it shall be the duty of his excellency the Captains, &c.
Governor, on receiving the returns of elections heretofore had, or which may hereafter regiment, how
be had, for captains, lieutenants and ensigns, to command the present detachment given commissloned

* See act of 1818, No. 341, which revise? and consolidates the militia laws, and repeals all others on the
subject.

3 L 2

444

MILITIA. 1812.

(No. 330.) up for the service of the union, to commission them agreeable to the requisitions of this
act.

An election
for a colonel
and two ma-
jors for each
regiment re-
gulated.

Sect. 4. And be it further enacted, That it shall be the duty of the brigadier generals
respectively, so soon as the captains and subalterns as aforesaid shall have received their
commissions, to order an election for a colonel and two majors for each regiment, which
election shall be held at each regimental muster ground, by giving at least twenty days
notice thereof in his general orders ; at which election all persons shall be entitled to
vote who will be subject to the command of such officer or officers, when so elected ; and
it shall be the duty of his excellency the Governor, on receiving the returns of any of
the said elections, to issue commissions as above pointed out ; and such election shall be
conducted and superintended as elections heretofore held under the militia laws of this
state.

Organization
of volunteer
companies.

Proviso.

Sect. 5. And be it further enacted, That any volunteer companies in this state, which
are at present raised, or may be raised, shall be organized and commanded by the offi-
cers already chosen, or which may hereafter be chosen by them, who shall be entitled
to receive their respective commissions from the commander in chief; and the said
companies shall be received into the service of the state or of the United States, as
exigencies may require, when called on by the proper authority, and continue and exist
as organized volunteer corps, for the term of time designated by their articles of asso-
ciation, or for which they may respectively volunteer, subject to the same regulations as
other detachments and companies of militia of the state, when called into service ; and
at the end of said term they shall be dissolved and returned to the militia of the line :
Provided, the number of said volunteer companies shall not exceed one hundred men
each, exclusive of commissioned and non-commissioned officers.

official eligi- Sect. 6. And be it further enacted, That all persons included in any detachment of
1 1 *' the militia called for by the United States, shall be eligible to any of the offices or ap-

pointments.

Repealing
clause.

Sect. 7. And be it further enacted, That all militia laws heretofore passed, militating
against this act, be, and the same are hereby repealed.

Assented to, 10th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

MILITIA. 1813. 445

AN ACT* (No. 331.)

To authorize the mustering of a portion of the Militia of Camden county at the

town of St. Mary's, in said county.

WHEREAS, the court-house in Camden county is situated more than twenty-two Preamble,
miles from the town of St. Mary's, known to be the most populous part of said county,
and past experience hath evinced that very few of the militia of said district have
heretofore attended the general musters in said county at the court-house : And whereas,
it would be impolitic, at this momentous crisis, for the active force of the militia to
leave the said town unprotected ; and it is desirable that every citizen, capable of bear-
ing arms, should be allowed an opportunity to gain instruction in military discipline :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and after the passing of this act, the militia of the town of St. Mary's, as The militia of

well as all those who reside south of Crooked river, now commanded by captain Thomas that so^th 0f

H. Miller, shall not be required nor compelled to attend any musters beyond the limits Cr°oked nver

of the town of St. Mary's, (the company musters of captain. Thomas H. Miller's men muster at said

.... town.

only excepted.) But the militia of said town, and those under the command of Thomas ,,

H. Miller, liable to perform militia duty, shall be bound to obey the orders of the ad-
jutant general, or the major general of the division, to muster within the limits of said
town, at such times as either of the said officers may direct ; when defaulters will be
subject tq such fines and penalties as by the militia law of this state are imposed in
similar cases. :

Sect. 2. And be it further enacted by the authority aforesaid, That all laws or parts Repealing
laws, that a
hereby repealed.

of laws, that can be construed to militate against this act, shall be, and the same are C ause

BENJAMIN WHITAKER,

, Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 2d December, 1813.

PETER EARLY, Governor.

Repealed by act of 1816, No, 338,

446

MILITIA. 1813.

(No. 332.)

An act*

To amend the Militia Laws of this state.

Preamble.

WHEREAS, by the militia laws of this state, it is made the duty of the respective
regimental courts, to proceed to lay off any new regimental battalion or company dis-
trict, or to make alteration in any that has been heretofore laid off, and, when so laid
off or altered, to be designated by certain lines and bounds, and recorded by the clerk
of the regimental court of inquiry : And whereas, there is no provision made by law
to regulate the proceedings of battalion courts of inquiry, where such battalions are
not included within the lines and bounds of any regiment heretofore laid off and desig-
nated, and which lines and bounds have been recorded by the clerk of the regimental
court of inquiry, or in counties containing but one battalion, and not attached to any
regiment : for remedy whereof,

Battalion
courts of in-
quiry autho-
rized in cer-
tain cases.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That in any battalion in this state, not included within the bounds of any regimental dis-
trict heretofore laid out, and recorded by the clerk of the regimental court of inquiry,
or in counties containing but one battalion which is not attached to any regiment, any
such battalion shall have power and authority to hold battalion courts of inquiry, and
shall have and exercise the same powers as are allowed by law to regimental courts of
inquiry, and shall be entitled to a clerk, to be styled the clerk of the battalion court of
inquiry, and may proceed to record the lines and bounds of their respective company
districts, and shall have power to create any new company district, or make alteration
in any such as have heretofore been laid off, under the same rules and restrictions as
are prescribed by law to regimental courts of inquiry.

Appeals from
any company
court of in-
quiry autho-
rized and re-
gulated.

Sect. 2. And be it further enacted, That when any defaulting officer or soldier shall
have been fined for default of duty by any company court of inquiry, an appeal may be
had to the next battalion court of inquiry that may be held in the battalion to which
such delinquent officer or soldier may belong, and the decision of such battalion court
of inquiry shall be final and conclusive ; and before such appeal shall be granted, the
delinquent shall first make oath in writing, before the presiding officer of the court un-
der which such delinquent was fined, setting forth the excuse of such delinquent .; and

* See act of 1818, No. 341, repealing1 all previous acts on the subject.

MILITIA. 1813. 44'

the officer before whom such affidavit shall be made, shall lay the same before the next (No. 332.)
battalion court of inquiry as aforesaid.

Sect. 3. And be it further enacted. That any lieutenant colonel or commanding offi- Officers of a
J regiment and

cer of a regiment, or major or commanding officer of a battalion not attached to any of a battalion

regiment, shall be authorized to assemble the officers of his regiment or battalion at toaregimentj

least one, and not exceeding two days, at any one time, to hold drill musters, and that £<jw muster-

the officers shall be liable to be fined as prescribed by law for delinquents in like

cases.

Sect. 4. And be it further enacted by the authority aforesaid. That if any person or Persons em-

ploying- sub-
persons shall in future be drafted or volunteer in this state, and such drafted or volun- stitutes shall

teer person or persons shall employ a substitute, who shall be accepted by the com- iineofthemi-
manding officer of such drafted or volunteer corps, the person or persons employing lltia» &c'
such substitute shall forthwith return into the line of the militia of this state, and in
cases of emergency shall be subject to all the duties to which said substitute would have
been liable during the period for which such substitute was employed, or during the pe-
riod he may be in service.

Sect. 5. And be it further enacted, That when the adjutant general shall neglect to Convention of
order a convention of officers within any regiment, agreeable to the fifteenth section of jate(j#
the militia law passed the tenth day of December, eighteen hundred and seven, that it
shall be the duty of the lieutenant colonels commanding any such regiment, to order a
convention of the field, staff, company and non-commissioned officers, under such rules
and regulations as are prescribed by the aforesaid section ; and within regiments, com- Battalion mus-
posed of two or more counties, it shall be the duty of the lieutenant colonel command-
ing such regiment, to order one muster in each year by battalion.

Sect. 6. And be it further enacted, That it shall not be lawful for any captain or No negro or
commanding officer of a company in this state to enrol any free negro or mulatto, or feredto stand
suffer them to stand in ranks, whereby they may be instructed in military tactics or arts in ranks-
of warfare ; such captain or commanding officer,' so offending as aforesaid, shall forfeit Penalty for
and pay for every such offence a sum not exceeding twenty dollars, to be recovered offence? ™
before a regimental court of inquiry, and moreover be subject to be cashiered by a
court marshal.

Sect. 7. And be it further enacted, That the money collected by virtue of fines im- Fines upon
posed upon defaulters at company musters, be retained by the commanding officers of companymus-

448

MILITIA. 1813.

(No. 332.) companies, to be by them appropriated to the use of the company, in purchasing drums,
pToprkted13 ^es> an(* repairing the same, and for payment and encouragement of musicians.

Staff officers, Sect. 8. And be it further enacted, That no regimental, brigade or division officer
appointed as shall appoint any person to a staff office who does not reside within the division, bri-
gade or regimental district.

Duty of staff
officers.

Sect. 9. And be it further enacted, That all regimental, brigade or division staft
officers shall be bound to attend all musters or reviews of regiments, brigades or divi-
sions, and shall, in case of neglect, be liable to be fined or cashiered by a court mar-
shal.

Uniform,

Sect. 10. And be it further enacted, That all officers in this state shall be permit-
ted to uniform in blue homespun ; any law, usage or custom to the contrary notwith-
standing.

Repealing
clause.

Sect. 11. And be it further enacted, That all acts militating with this act be, and the
same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to, 6th December, 1813.

PETER EARLY, Governor.

MILITIA. 1813.

449

AN ACT*

(No. 333.)

Requisitions
of militia for
public ser-
vice, how ap-
portioned, &c

To organize the detachments of men which may hereafter be required by the Pre-
sident of the United States, from the Executive of this state, for the service of
the Union, and for other purposes therein expressed.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the twenty-fifth day of December, instant, that when any detach-
ment of militia may be required of this state by the proper authority, for the service of
the United States, or for the service of this state, it shall be the duty of the adjutant
general of this state to apportion the numbers required from the several divisions and
brigades, and to give orders to the respective brigade inspectors, whose duty it shall be
to apportion the requisition required of the several regiments, battalions and companies
within the brigade to which such brigade inspector may belong ; and out of each regi-
ment, battalion or company to raise, by draft or otherwise, the proportion required from
each regiment, battalion or company.

Sect. 2. And be it further enacted, That it shall be the duty of the general officer Elections for

•!• • r T_- u* v, regimental,

or officers commanding any detachment or detachments of militia ot this state, which battalion and

may hereafter be called out in the service of the United States or of this state, either ™™**ny °

at the place of rendezvous or at his encampment, immediately to proceed to hold an

election for regimental, battalion, or company officers, as the case may require.

Sect. 3. And be it further enacted, That all persons shall be entitled to vote at such Voters,
elections, who will be subject to the command of such officer or officers, when so
elected ; and it shall be the duty of the general or commanding officer, with two or more who shall
commanding officers of the same said detachment, not being candidates themselves, to said* elections,
preside at and superintend such elections ; and the person or persons (as the case may
be) having the highest number of votes, shall be considered duly elected for the term of
time for which the said detachment was called into service, unless such officer should
be cashiered or otherwise su spended from office, according to the laws and regulations
now in force for the government and regulation of such detachments: Provided also, Proviso,

* This act was amended by act of 1814, No. 336. But see act of 1818. No v 341, which repeals all other act?
regulating1 the militia of the state.

450

MILITIA. 1813.

(No. 333. ) that it shall be the duty of such presiding officers, or a majority of them, forthwith
after such election, to certify the person having the highest number of votes to the com-
manding officer of the detachment, whose duty it shall be to brevet such officer for the
term of time aforesaid ; and all such officers shall be obeyed in the same manner as if
they, or either of them, had been elected and commissioned according to the militia law
in force in this state.

Wuty of lieu-
tenant colo-
nels of regi-
ments, or ma-
jors in coun-
ties contain-
ing1 but one
battalion,
when any
company, &c.
is required
for public ser-
vice.

Election for
officers.
Who shall
preside there-
at, &c.

Proviso,

Sect. 4. And be it further enacted, That it shall be the duty of the several lieutenant
colonels of regiments, or majors in counties containing but one battalion, whenever
they, or either of them, may be required to furnish any company or detachment of mi-
litia for the use of the United States, or for the use of this state, to convene the 'said
company or detachment so required as aforesaid, at some fit and convenient place, and
then and there forthwith proceed to an election for officers to command said company
or detachment ; and all persons shall be entitled to vote at such elections who will be
subject to the command of such officers when so elected : and it shall be the duty of
two or more commissioned officers, themselves not being candidates, to preside at and
superintend such elections ; and the person or persons (as the case may be) having the
highest number of votes shall be considered as duly elected for the term of time for
which the said detachment or detachments were called into service, unless such officer
should be cashiered or otherwise suspended from office, according to the laws and regu-
lations now in force for the government and regulation of such detachment: Provided
also, that it shall be the duty of such presiding officers, or a majority of them, forth-
with after such election, to certify the person having the highest number of votes to
the commanding officer of the detachment, whose duty it shall be to brevet such officer
or officers for the term of time aforesaid ; and all such officers shall be obeyed in the
same manner as if they, or either of them, had been elected and commissioned according
to the militia law now in force in this state.

Volunteer Sect. 5. And be it further enacted, That nothing in this act contained shall be so

companies . . . -

may be raised construed as to prevent any person lrom raising volunteer companies, lor the use ot

°Z¥U& „ Sel" the United States or this state, when called for as aforesaid, who shall be brevetted

MCe, KC ' '

by the officer commanding for the term of time aforesaid ; and it shall be the duty of
all the volunteers under such officer to obey him in the same manner as if he had been
elected according to the regulations of the before recited act ; and the lieutenants and
ensigns of all such companies so formed, shall be elected and brevetted in the same
manner, and under the same restrictions, as expressed in the before recited act.

ikfrmiiin

MILITIA. 18 IS. 451

Sect. 6. And be it further enacted, #That in any militia division in this state, where (No. 333.)
there are a sufficient number of cavalry to form a squadron, and not a sufficient number Cavalry regu-
to form a regiment, and where there has been no colonel elected to command the same,
the same shall be commanded by a major ; and it shall be the duty of the major general
commanding such division to order an election accordingly, giving at least forty days
notice of the time and place of holding such election, by advertisement at two or more
of the most public places within such division, and that the cavalry in the fifth division
shall be considered attached to the said division.

Sect. 7. And be it further enacted, That all laws or parts of laws heretofore passed Repealing

clause
in this state, militating against this act, shall be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 6th December, 1813.

PETER EARLY, Governor.

AN ACT (No. 334/) "

To create the office of Paymaster General for this state, and point oat tlie mode

of his election.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, office of pay-
That the office of paymaster general for this state be, and the same is hereby created, ^^reafed.6

Sect. 2. And be it further enacted by the authority aforesaid, That the said paymas- Electedbythe
ter general shall be elected by joint ballot of both branches of the General Assembly of effls a ure°
this state ; and in case of vacancies happening in the said office, by death, resignation, or Vacancies,

See act of 1818, No. 341, repealing the cavalry laws

3 M 2

452

MILITIA. 1814.

(No. 334.) otherwise, that the said office shall be filled in the same manner as has hitherto been the
practice in respect to the quartermaster general thereof.

His rank. Sect. 3. And be it further enacted by the authority aforesaid, That the said paymaster

general have the rank of lieutenant colonel, and receive pay while in service, as the ge-
neral government have or may determine by law.

Assented to, 16th November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor.

(No. 335.)

AN ACT*

To create the office of Division Inspector, Division Quartermaster, Brigade Quar-
termaster, and Aid de Camp to Brigadier Generals, agreeably to an act of
Congress, passed ISth April, 1814.

Offices of di-
vision inspec-
tor, division
quartermas-
ter and bri-
gade quarter-
master crea-
ted.

One aid de
camp to each
brigadier ge-
neral.

Said officers,
how appoint-

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, m General Assembly met, and it is hereby enacted by the authority of the same,
That there shall be to each division one division inspector, with the rank of lieutenant
colonel ; and one division quartermaster, with the rank of major ; one brigade quarter-
master, with the rank of captain ; and to each brigadier general, one aid de camp, with
the rank of captain.

Sect. 2. And be it further enacted by the authority aforesaid, That the division in-
spectors and division quartermasters shall be appointed by the major generals, and
the brigade aid de camp and quartermaster shall be appointed by the brigadier generals.

* See act of 1818, No. 341, revising and consolidating the militia laws.

MILITIA. 1814. 453

Sect. 3. And be it further enacted by the authority aforesaid, That all laws and (No. 335.)
parts of laws militating against this law shall be, and the same are hereby repealed. Sse!"lg

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 18th November, 1814.

PETER EARLY, Governor.

AN ACT* (No. 336.)

To alter and amend an act, entitled " An act to organize the detachments of men
which may hereafter he required by the President of the United States from
the Executive of this state, for the service of the Union, and for other purposes
therein expressed," passed on the Gth day of December, 1813.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That for the better organizing the detachments of militia, which may hereafter be call- Elections for

r n r^ • officers of the

ed into service, it shall and may be lawful for his excellency the Governor to issue or- detachments

ders to the respective major generals, from whose divisions detachments of militia may which m'

be called, directing him to order elections for field and company officers ; and whose hereafter be

duty it shall be to issue orders accordingly, and to appoint the officers to advertise, hold service, regu-
lated,
and preside at such elections ; and it shall be the duty of the officers thus appointed to

advertise said elections ten days previously to holding the same ; and all persons shall
be entitled to vote at such election, who will be subject to the command of such officers
when elected ; and that in case such detachment should be marched to the place of ren-
dezvous or encampment, previous to the election of any regimental, battalion, or com-
pany officers, it shall be the duty of the general or commanding officer of such detach-
ment to order an election for field and company officers, or other vacancy, as the case
may require ; and it shall be the duty of the presiding officers, or a majority of them,
forthwith after such election, to certify the person or persons having the highest

See act of 1818, No. 341, which repeals all other acts regulating the militia.

454

MILITIA. 18U.

(No. 336.) number of votes, and make a return thereof to the Governor, who shall thereupon issue
special commissions to the officers elected ; and it shall and may be lawful for the com-
manding officer of the detachment to issue brevets to the officers elected, until their
commissions are received.

Vacancies of
any field or
company offi-
cers of detach-
ments in ser-
vice, how fill-
ed. .

Vacancy of
non-commis-
sioned offi-
cers.

Sect. 2. And be it further enacted by the authority aforesaid, That in case of the
death, resignation, or other vacancy of any field or company officers of detachments in
service, such vacancy shall be immediately filled, by appointment to be made by the
commissioned officers belonging to such detachments ; and it shall be the duty of the
commanding officer of said detachment, within ten days thereafter, to transmit a return
thereof to his excellency the Governor, who shall thereupon issue commissions to the
person or persons so appointed ; and it shall and may be lawful for the commanding
officer to brevet the officer or officers appointed, till his or their commissions are receiv-
ed ; and during the time that intervenes between such vacancy and the issuing brevets
the officer next in rank shall be the officer commanding; and in case of the death, resigna-
tion, or removal of any non-commissioned officer belonging to such detachment, the
captain of the company to which such non-commissioned officer was attached shall
forthwith proceed to fill such vacancy.

Officers of re- SECT. 3. And be it further enacted by the authority aforesaid, That there shall be
^TT™-- attached to each regiment called into service, one colonel, one lieutenant colonel, two

enumerated, majors, one adjutant, one quartermaster, one paymaster, one chaplain, one surgeon,
two surgeon mates, one sergeant major, one quartermaster sergeant, and two principal
musicians ; and to each company there shall be attached one captain, one first lieutenant,
one second lieutenant, one third lieutenant, one ensign, five sergeants, four corporals,
two musicians, and ninety privates.

Operation of Sect. 4. And be it further enacted by the authority aforesaid, That nothing contain-
edls ac imi " ed in this act shall operate, in the smallest manner, upon detachments heretofore called
into service.

Consolidation
of the volun-
teer infantry
and rifle com-
panies autho-
rized.

Proviso.

Sect. 5. And be it further enacted by the authority aforesaid, That his excellency
the Governor shall be, and he is hereby authorized, to consolidate the volunteer infantry
and rifle companies of this state, in such manner as he may deem advisable and expe-
dient for the public welfare : Provided, they should not be full previous to their call to
take the field ; and to select either of the captains of said companies, thus consolidated,
to command such consolidated company, when called into service; and the other com-
missioned officers of said company shall be appointed by the field officers and captain of
said company, out of the officers attached to either or any of the companies composing

MILITIA. 1814. 4£5

the said consolidated company j and the non-commissioned officers shall be appointed (No. 336.)
by the captain.

Sect. 6. And be it further enacted by the authority aforesaid,, That it shall be lawful, Governor au-
and his excellency the Governor is hereby authorized to call into the service of the caHout any
United States or of this state, any portion of cavalry, to act either as light dragoons or Portlon °* the
as mounted infantry ; and he may consolidate incomplete troops : Provided, such conso- Proviso,
lidation be made of troops belonging to the same squadron ; and the captains of such
consolidated troops shall be selected by the major commanding the squadron in which
such consolidation may take place, together with the colonel to whose regiment such
squadron is attached, and the brigade major of the cavalry, or a majority of them, out
of the captains of the troops so consolidated ; the other commissioned officers shall be
selected from the officers of said consolidated troops, by the major aforesaid, the bri-
gade major of cavalry, and the captain selected as aforesaid ; the non-commissioned
officers to be appointed by the commissioned officers: Provided nevertheless, that nothing Proviso
herein contained shall prevent incomplete troops from forming voluntary consolidations
as aforesaid ; and his excellency the Governor shall, in all cases, recognise such volun-
tary consolidated associations, and give preference to them for the service aforesaid.

Sect. 7. And be it further enacted by the authority aforesaid, That when any detach- "Rendezvous.
ment or detachments of militia or volunteer companies shall be hereafter called into
service, the men belonging to the class ordered out shall appear at the place of rendez-
vous at the time appointed, or offer a suitable substitute, to be received at the discre-
tion of the captain commanding said company ; and on failure thereof, the commanding-
officer of said company shall be, and he is hereby invested with full and ample power to
coerce the attendance of any defaulter.

Sect. 8. And be it further enacted by the authority aforesaid, That it shall be the duty Duty of per-

of all persons subject to militia duty, who shall remove from the district wherein they from t£e ^s_

were classed, to report themselves, within ten days after such removal, to the command- !fict in wnich
r J ' they were

ing officer of the district to which they may so remove, and produce a certificate, from classed to ano*

ft . . . . '■■''. tner district.

under the hand of the captain of the district from which they have so removed, speci-
fying the class to which they belong, and on failure thereof, he or they shall be attached
to the class that will next thereafter be called into service.

Sect. 9. And be it further enacted, That the respective lieutenant colonels, or com- Commanding1
manding officers of regiments, are hereby authorized and required to convene, as soon as g-iments re-
may be after the passage of this act, the commissioned officers of their respective regi- <luired t0 con"

ments, or so many thereof as will make a number not less than thirteen, at their respec- missioned offi-
cers thereof,
tive regimental muster grounds, giving at least ten days notice of such convention, by for the pur-

456

MILITIA. 1814.

(No. 336.) advertisement in each captain's district, in such regimental district, setting forth the

pose of hear- jav an<j piace wnere such convention shall be held, and the purpose for which thev are
ing and deter- * r \ J

mining on convened, which shall be for hearing and determining on all applications for exemptions

for exemption from militia service ; and that from and immediately after the passage of this act the

duty."" ^ captains of the different militia districts be, and they are hereby directed to enrol for

Captains shall duty all persons within their respective districts, supposed to be over the age of eighteen,
enrol all per-

sons in their and under the age of forty-five years,
districts sup-
posed to be over 18, or under 45 years of age.

•

A similar con- Sect. 10. And be it further enacted by the authority aforesaid, That in counties con-
quired in taining but one battalion, and not attached to any regiment, the major or commanding
counties con- Qfficer 0f sucn battalion shall proceed to convene the officers, at their battalion muster

one battalion, grounds, for the same purposes, and under like restrictions and regulations as prescribed

not attached to ..'.,.

a regiment. by this act for the convention of officers in the respective regiments.

in case a per- Sect. 11. And be it further enacted, That where any person who has been, or here-

SOT1 C13.SSGC1

should be pro- after may be classed, shall thereafter be promoted to the rank of a commissioned officer,

rank of acom- such person shall not then be liable to perform the duty required of him in the ranks,

missioned during the time he shall continue in commission : but in case he should resign or be

officer, he °

shall be ex- cashiered, such person shall return into the ranks and class to which he formerly be-

empt from

duty in the longed.

ranks, unless

he should resign or be cashiered.

Students of Sect. 12. And be it further enacted, That the students at the university, subject to

the University

to be classed, military duty, shall be classed as other persons liable to militia service, except that such

students may be divided in three classes, in such manner as the major commanding the

battalion in which they reside shall direct ; and they shall be enrolled in the first, second

and third classes, in such manner as may be most conducive to the interest of the said

institution ; or that each class be at liberty to draw for their classes, and be enrolled

accordingly.

Regimental
surgeons re-
quired to at-
tend regimen-
tal courts
martial.

Second and
third classes
of militia to
be officered.

Sect. 13. And be it further enacted, That the surgeons of the different regiments be,
and they are hereby required to attend each session of their respective regimental courts
martial.

Sect. 14. And be it further enacted, That his excellency the Governor be, 'and he is
hereby required to cause the second and third classes of the militia in this state to be
officered as soon as convenient, agreeably to the provisions of this act.

MILITIA. 1814, 1815,

457

Sect. 15. And be it further enacted by the authority aforesaid, That all laws and parts (No. 336.^
of laws militating against this law be, and the same are hereby repealed.

Repealing"
clause.

Assented to, 23d November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate \ pro Pern

PETER EARLY, Governor.

AN ACT

(No. 337.)

To authorize the Adjutant General of this state to appoint an Assistant, to per-
form the duties of his office during his absence, at any time, from this state.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and it is enacted by the authority of the same, That the adjutant Adjutant ge=

general of this state shall be, and he is hereby authorized to appoint an assistant to per- ized to appoint

form the duties of his office during his absence, at any time, from this state : Provided, an assistant-

Proviso.
he shall obtain a furlough from the executive, expressing the time of his absence from

the state, and the executive approval of his assistant so appointed : Provided also, that

the said adjutant general shall pay the assistant so appointed out of the salary allowed

him by law.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 16th December, 1815.

D. B. MITCHELL, Governor.

3 N

458

MILITIA. 1816.

(No. 338.)

AN ACT

To repeal an Act to authorize a part of the Camden Battalion to muster in the

town of St. Mary's.

BE it enacted by the Senate and House of Representatives of the state of Georgia*

The recited in General Assembly met, and by the authority of the same it is hereby enacted. That
act repealed, ... ^

a law, passed on the 2d day of December, 1813, authorizing a part of Camden county

militia to muster in the town of St. Mary's, be, and the same is hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

(No. 339.) AN ACT*

For altering the Uniform of the militia officers of the state of Georgia,

Uniform of
the militia
officers pre-
scribed.

Repealing
clause.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
the uniform of the militia officers of this state shall be similar to that which is worn by
the officers of the army of the United States, and that all officers, excepting those belong-
ing to the general staff, be permitted to wear round hats : all laws militating against the
same be hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate
Assented to, 13th December, 1816,

D. B. MITCHELL, Governor.

* See act of 1818, No. 341, 14th section.

MILITIA. 1817. 459

AN ACT (No. 340.)

To authorize the Darien Volunteer Guards to muster in their city on all days
appointed for battalion or other musters, except those of general inspection,
when they shall appear at the general muster ground of M'lntosh county.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and it is hereby enacted by the authority of the same, That Darien Volmv

teef Guards,
from and after the passage of this act, the Darien Volunteer Guards may be, by the their place of

commanding officer of the battalion, permitted to muster in the city of Darien, on all
days appointed for battalion or other musters, except those of general inspection, when
said Darien Volunteer Guards shall appear at the general muster ground of McIntosh
county. * ; * p.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 10th December, 1817.

WILLIAM RABUN, Governor.

AN ACT* (No. 341.)

To revise and consolidate the militia laws of this state, and to repeal the cavalry

laws now in force.

BE it enacted by the Senate and House of Representatives, in General Assembly met,

That the militia of this state shall be laid off and apportioned into divisions, brigades, The militia or

regiments, battalions and companies : that each division shall be commanded by a major vjded into

general, whose staff shall consist of one division inspector, with the rank of lieutenant ead^^reri'

colonel ;#>ne quartermaster and two aids, with the rank of major each : that each brigade ments> batta-

. . . lions and com-

shall be commanded by a brigadier general, whose staff shall consist of a brigade in- parties.

spector, with the rank of major ; a brigade quartermaster, and an aid de camp, with the commai,ded

by a major
general. His staff enumerated. Each brigade by a brigadier general. Of whom his staff shall consist

* See act of 1819, No. 342, amendatory of this act.
3 N 2

460

MILITIA. 1818.

(No. 341.) rank of captain : that each regiment shall be commanded by a colonel, whose staff shall

Each regiment consist of a quartermaster, a paymaster and adjutant, with the rank of lieutenant, and

commanded

by a colonel, one surgeon and mate ; and shall also have attached to it a lieutenant colonel and major,

His staff. a serg-eant major, a quartermaster sergeant, and a drum and fife major: that each com-

pany shall consist of one captain, a first and second lieutenant and ensign, four sergeants
and four corporals, a drummer and lifer, and sixty-four privates.

The creation
or alteration
of any divi-
sion or bri-
gade district
to be by the
legislature,
&c.

Sect. 2. And be it further enacted by the authority aforesaid, That when it shall
be found necessary to create any new division or brigade district, or make alterations
in any of those already laid off and defined, such new definitions or alterations shall be
made by the legislature, and a record made of the same in the adjutant general's office,
as well as of the organization of the divisions and brigades heretofore created and de-
fined.

The creation Sect. 3. And be it further enacted, That when it shall be necessary to create am

or alteration new regjmental, battalion or company district, or make alterations in any such as have

mental, bat- been heretofore laid off, the commanding officers of regiments shall assemble the com-
talion or com-
pany districts, manding officers of battalions and companies at some convenient and fit place, and shall

edi proceed to lay off or alter any such regimental, battalion or company district or districts ;

which districts shall, in all cases, be designated by lines and bounds, and recorded bv
the clerk of the respective regimental courts of inquiry ; that in all creation or divisions
of the aforesaid districts, a due regard shall be had to the number of effective men or-
ganized for each corps by the militia laws of the United States ; and that in case of the
creation of any new company district, any subaltern officer or officers falling within the
bounds thereof, shall hold his or their rank and grade, his or their respective commis-
In case of the sions being made to bear the number of the said new district ; and that in case or* the
organization organization of any additional acquisition of territory, the regimental, battalion and

tional acquisi- company districts therein shall, in the first instance, be defined in such manner and by

tion of terri- 1 J

tory, the re- such officers of the militia as the commander in chief may order and direct.

srimental, bat- , . .

talion and company districts therein, how denned.

What a regi-
ment shall
contain.

Sect. 4. And be it further enacted, That a regiment shall not contain less than two,
or more than three battalions ; and that in a regiment composed of two or more coun-
ties, battalion musters and battalion courts of inquiry only shall be had ; *and that re-

and battalion ^mental and battalion districts shall be so arranged as not to embrace parts of two or

districts, how ° ° •

arranged, &c

* See the first section of the act of 1819, No, 342

i iiiiiaiiiiiiiiii if mm

MILITIA. 1818. 4 61

more counties; and that the brigadier general and field officers shall determine the se- (No. 341.)
veral counties which shall form a regiment.

Sect. 5. And be it further enacted, That every division, brigade, regimental, bat- Every divi-
talion and company district, shall be numbered throughout the state, by order of the i4°^lmenfal, C

commander in chief, in such manner that everv corps of the same denomination shall battalion and
7 * l company dis-

bear a different number ; by which number every district shall be designated in the trict, to be

commissions of officers commanding them ; and that when in the field for the purpose

of exercise, officers of the same grades shall take rank agreeably to the date of their re- command of

officers, how
spective commissions ; their respective commands following the same ; regiments be- determined.

ing tolled into regular battalions, battalions into divisions, companies, platoons and

sections.

Sect. 6. And be it further enacted, That all vacancies which may happen by death, Vacancies of
i • r • i i • t i any major ge-

resignation or otherwise, or any major general, brigadier general or quartermaster ge- neral, briq-a-

neral, shall be filled by the General Assembly, by joint ballot of both branches ; and a o^Sei?'

list of the names of the person or persons so appointed, under the signature of the Pre- master gene-

sident of the Senate and Speaker of the House of Representatives, shall be transmitted filled by the

to his excellencv the Governor, within two days thereafter, who is hereby required to

issue commissions to each and every person so appointed, within two days thereafter.

Sect. 7. And be it further enacted, That when any vacancy shall happen by death, Vacancy of

resignation or otherwise, of any captain, or where any new created district shall require a"" °&P a

officers, such officers shall be elected by the citizens liable to bear arms within such

company district, under the following rules and restrictions : the commanding officer of Officers of any

• • new district

the regiment or battalion shall give at least ten days public notice of the time and how elected',

place of holding such election ; and the election shall be held under the presidencv of
two or more of the justices of the Inferior Court, in which such company may be, to-
gether with two freeholders belonging to said district, or a majority of them, who shall
receive the ballots of all such citizens of the district as aforesaid, and make report
thereof, under their hands and seals, within thirty days, to the commander in chief for
the time being, of the persons having the highest number of votes, together with a state
of the poll ; and tbjfe commander in chief shall, within five days after the receipt thereof,
commission the person so elected ; and in the interim between the time of such election
and receiving their commissions, such officers shall be fully authorized to act in all Officers may
their functions, by brevet from the colonel or commandant, (or in counties containing be brevetted
but one battalion, from the major or commandant,) upon the officers elected producing
a certificate from the persons superintending said election, that he or they had the
highest number of votes at said election : Provided, that such election is not protested Proviso,
against by any person having been a candidate ; and when any vacancy shall happen by

± .^mmm^*am*.**Jkm>*to.-^^,,^ :^L-. -iriflMlfli' ian Mil i r

462

MILITIA. 1818,

(No. 341.)

Vacancies of
subaltern offi-
cers, how fill-
ed.

What to be
done when
privates fail to
elect officers.

death, resignation or otherwise, of anjr subaltern officer, the captain or commanding
officer of the district where such vacancy or vacancies shall happen, shall give at least
ten days public notice of the time and place of holding such election, and shall be held
and conducted in the same manner as pointed out by this act for the election of cap-
tains ; and such officers, when elected, shall be fully authorized to act in all their func-
tions by brevet, under the same rules and restrictions as pointed out by this act for
other officers. And where it shall happen in any company district that the privates
neglect or refuse to elect any such officer or officers to the command, it shall be the
duty of the colonel or commandant of the regiment to which they belong, (or in coun-
ties containing but one battalion, of the major commandant,) to nominate a fit and pro-
per person or persons, as the case may require, to take command of said company dis-
trict, until such election shall be had, and the person or persons elected are commis-
sioned by the commander in chief, or brevetted as aforesaid.

Vacancy of a

commanding
officer of a
regiment or
battalion, how
filkd.

Proviso.

Sect. 8. And be it further enacted, That when a vacancy shall happen by death,
resignation or otherwise, of any commanding officer of a regiment or battalion, such
vacancy shall be filled by the election of the persons subject to do militia duty, who will
become subject to the command of such field officer when elected, under the following
rules and restrictions : that is to say, any two or more captains within such regimental
or battalion district, not being themselves candidates, shall give twenty days public
notice, in every company district within the same, of the time and place for holding such
elections ; and they, with^my two or more justices, who are not candidates, shall preside
at the election ; and the said presiding captains and justices shall, within thirty days
thereafter, certify under their hands and seals the person or persons having the highest
number of votes, and the state of the poll so taken shall be transmitted to the commander
in chief, who shall, within ten days after said transmission, commission the person or
persons so elected ; and that in regimental districts the brigadier general shall appoint
the time and place at which said elections shall be held : Provided nevertheless, that if
two or more counties compose a regiment, in that case the election shall be held at the
several battalion muster grounds on the same day, and the result of each election be sent
to the Governor, who shall commission as aforesaid.

Aids de camp,
division in-
spectors, divi-
sion quarter-
masters, bri-
gade quarter-
masters, and
the regimental

An oath to be
taken by offi-
cers.

Sect. 9. And be it further enacted, That each major general, brigadier general and
colonel, shall have the appointments of their own respective aids de camp, division
inspectors, division quartermasters, brigade inspectors, brigade quartermasters, and the
regimental staff,
staff, by whom appointed.

Sect. 10. And be it further enacted, That each and every officer appointed, or who
may hereafter be appointed and commissioned or brevetted, not having heretofore done
the same, shall, previous to entering on the duties of his office, take the following oath,

MILITIA. 1818. 4 6x

to be administered by a justice of the peace or the regimental court of inquiry of the (No. 341.)

county in which such officer resides, to wit : " I, , do swear that I will support the The oath.

constitution of the the United States, and faithfully discharge the duties in

the of militia of the state of Georgia, to the best of my skill and judgment ;

so help me God." If the said oath be administered by a justice of the peace, the justice
of the peace before whom such oath shall be taken shall transmit the same, within a
reasonable time, to the clerk of the regiment to which such officer may belong, to be
entered of record by said clerk.

Sect. 11. And be it further enacted, That the commanding officers of companies shall Who shall be

enrolled in
enrol every able-bodied white male, citizens as well as aliens, between the age of each cap ain's

eighteen and forty-five years, except such as are exempt by the laws of the United States

and this present act, residing within his district; and that in all cases of doubt respecting Persons claim-

'.-... .... ing an exemp-

the age of any person enrolled, entitled to be enrolled, or pleading incapacity to serve in tionfrom en-

any company, the party questioned shall prove his age or inability to the regimental, (or recj to prove
battalion courts of inquiry, in counties containing but one battalion,) within whose ^y?e &r m
bounds he may reside ; and it shall, at all times hereafter, be the duty of every such
captain or commanding officer of a company, to enrol every such white male as afore-
said, as shall, from time to time, arrive at the age of eighteen years, and under forty-
five, except as before excepted, shall come to reside within his bounds, and shall, with- Persons en
• r 1 n • r»- rolled to be

out delay, notify such person ol the said enrolment, by a proper non-commissioned offi- notified, &c.

cer, by whom such notice may be proven.

Sect. 12. And be it further enacted, That the captain or commanding officer of each Captains to

company shall divide his company, as nearly equal as possible, into four squads; and companies in-

annually shall nominate one fit and proper person in each squad as sergeant, and another to sq«ads
- , ii- r r i r ™ i Appointment

fit and proper person as corporal ; but in case ol retusal ol all or any such persons to of sergeants

act as sergeant or corporal, the commanding officer of such company shall deposit the re^aTed™

names of the men in each squad in separate hats, and call some disinterested person to

draw two names from each hat ; and the person whose name shall be first drawn shall be

a sergeant, and the person whose name shall be next drawn shall be a corporal, and such

persons shall be responsible for the duties required of such non-commissioned officers by

law, for the term of one year thereafter ; but such person shall not be compelled to serve Their term of

again until the name of all other persons in the respective squads shall have been so

drawn.

Sect. 13. And be it further enacted, That until arms and equipments of the descrip- Arms and
tion required by the militia law of the United States can be procured in this state, by non!cammis°

any mode which the legislature may hereafter point out, everv non-commissioned officer slo«ed offioers

r J and privates

or private in the militia of the line shall stand bound to appear at all musters, or on all prescribed.

464

MILITIA. 1818.

(No. 341.)

Volunteer
companies re-
quired to arm
and equip
themselves as
the militia law
of the United
States pre-
scribes.

Fre-requisites
of volunteer
troops.

Uniform of
militia officers
and of volun-
teer corps
prescribed.

That of rifle-
men shall be
green.

No member of
a volunteer
company shall
be exempt
from militia
duty in the
line, until he
shall have le-
gally equip-
ped himself as
such, and pro-
duced a certi-
ficate thereof
from his cap-
tain.

Penalty for
withdrawing
from a volun-
teer company.

Commissions
of volunteer
corps shall de-
signate the
number of the
regiment or
battalion to
which they are
attached, &c.
Duties and
liabilities of
such corps.

Restriction as
to the enlist-
ment of volun-
teers.

How many
corps may be
commission-
ed.

other necessary occasions, armed, equipped and provided with a firelock in good order,
and a cartridge box or shot pouch : but all volunteer companies of light infantry, grena-
diers, or riflemen, shall at all times be and appear at musters, or on other necessary occa-
sions, armed, equipped and provided as the militia law of the United States prescribes,
as well as any volunteer corps of cavalry or artillery ; and that no volunteer company, of
any species of troops, shall be received or acknowledged as a volunteer corps or com-
pany, until such volunteer company or companies present themselves armed, and com-
pletely equipped, as in the regular army of the United States.

Sect. 14. And be it further enacted, That the uniform of the officers of the militia
shall correspond with that worn at present by the army of the United States ; and the
uniform of all volunteer corps shall be blue, with such ornaments as may be added, accord-
ing to the taste of the members thereof, excepting the uniform of riflemen, which shall
be green, with the same privileges of adding any ornaments ; and no person belonging
to the militia of the line shall, under colour of enlisting into any company to be made up
by volunteer enrolment, be excused from doing duty in the infantry of the line, until he
shall have equipped himself for service in such volunteer company, according to law, and
shall have produced a certificate thereof from the commanding officer of the volunteer
company to the commanding officer of the district company to which he did properly
belong ; and no person, having enlisted in any volunteer company, shall be permitted to
withdraw himself from the same, under the penalty of ten dollars, unless in case of
removal from his regiment or battalion district, to be recovered as other fines imposed
by this act, upon the evidence of the commanding officer of the company from which he
shall so withdraw, without having given said commanding officer thirty days previous
notice of his intention so to withdraw; which commanding officer shall return all such
cases to the first battalion court of inquiry that shall sit thereafter; and the commissions
of said volunteer corps shall designate the number of the regiment or battalion to which
they are attached, and the commanding officers of the regiment or battalion shall direct
how they are to be posted on the regimental or battalion parades, unless differently
ordered by a superior officer ; and the said companies shall perform the same routine of
duty, (under their respective officers,) and be subject to the same rules and regulations,
penalties and orders, as the rest of the militia ; and the commander in chief may order
them or any of them out on duty, as occasion, in his opinion, may require, by entire com-
panies ; and when a district company shall not contain any greater number of effective
men than what is required by the law of congress, no volunteer corps shall enlist more
than one eleventh man out of said district, except in the city of Savannah, and no greater
number of volunteer corps shall be commissioned henceforward (unless it is in cases of
emergency) than what the militia law of the United States prescribes to be attached to
regiments and battalions.

<.;*'

MILITIA. 1818. . 465

Sect. 15. And be it further enacted, That the commanding officers of companies, of (No. 341.)

every description, shall muster their respective companies four times, and not more than ComPanve

six times, in time of peace, in every year, at such places within their company districts lated.

as may be most convenient to a majority of each company, and at such times as shall

be ordered by the commanding officer of such company ; and it shall be the duty of all Each captain

to tricike r re*1
commanding officers of companies, at any and every of their company musters, to take turn of his •

an exact account of arms, accoutrements and ammunition, in possession of each mem- commanding

ber of his company, and shall add to such account the arms, accoutrements and ammu- officer of the
r J ' regiment, or

nition in possession of any otherwise who may fall into his company from time to time, battalion re-

view.
and shall make an exact return of his company to the commanding officer of the regi-
ment or battalion review, in the form which he shall receive from such commanding
officer or the adjutant; which return shall be filed ready to be delivered to the inspector,
as he shall commence the inspection of each company.

Sect. 16. And be it further enacted, That there shall be held in each regiment or An annual

convention ot
county, once in every year, or as the commander in chief may order, a convention of the the field, staff,

field, staff, company, and non-commissioned officers of regiments, for the purpose of being n0n-commis-

trained and instructed, by the adjutant general, in the exercises and discipline prescribed S1°ne4 officers

by Congress ; at which said conventions all field officers shall appear in their uniform, required, in

.... . . order to be

armed with swords, and provided with their respective commissions : and all staff, trained, &c.

company, and non-commissioned officers, shall appear in their uniform, armed with fire- ^t general,
locks and bayonets, accoutred with cartouch boxes, bayonet belts and scabbards, and
provided with their commissions and six blank cartridges each ; and all such officers so
convened shall form a company, and be subject to such orders, regulations and instruc-
tions, as the adjutant general may deem necessary to teach and enforce the discipline
prescribed by Congress, for a term not exceeding three days at any one meeting ; that
there shall be held in each county or regiment once a year, or as often as the commander
in chief may order, a regimental muster, (or battalion muster in counties holding but Regimental

musters &c

one battalion,) for the purpose of being trained and instructed, by the adjutant general,

in the exercises and evolutions prescribed by Congress ; and that a like convention of A convention

of officers bv
field and company officers, and musters by regiments, (or by battalions where there is order of the

one battalion only in a county,) shall be held once a year, by order of the brigadier ner^t requfr-*

general, for the purpose of being trained and mustered by the brigade inspector, in the ed> for the,

exercises and evolutions prescribed by Congress ; and that the brigade inspector shall ing trained by

the bn 2T3.de

attend all conventions of field and company officers, regimental and battalion musters, inspector.
within their respective brigades, and shall make such returns as are prescribed by the His duty.
militia law of the United States ; and independent of the foregoing provisions, the com- other regi-
manding officers of regiments and battalions shall, and are hereby ordered to have regi- battalion mus-
mental and battalion musters, not exceeding once in every year ; and the majors of terstobe e

3 O

466

MILITIA. 1818.

(No. 341.) battalions, when there is but one battalion in any county, shall and are hereby required
to have battalion musters, not exceeding two in each year.

Sutlers regu-
lated.

Sect. 17. And be it further enacted, That when sutlers shall attend regimental or
other musters, they shall be considered under the direction of the commmanding officer
present, with regard to the time and place of selling liquors or other refreshments, and
that it shall be lawful for said commanding officer to grant exclusive privileges to such
persons as may engage to furnish spacious and convenient places of parade; and the
sutlers aforesaid shall not be liable for retailing spirituous liquors at any of the musters
aforesaid, under the law for retailing spirituous liquors without license.

Disorderly
conduct of
by-standers,
how punished.

Disobedience,
&c. of non-
commissioned
officers and
soldiers, how
punished.

Sect. 18. And be it further enacted, That if any by-stander shall interrupt, molest
or insult any officer or soldier, while on duty at any muster, or shall be guilty of like
conduct before any court or board, the commanding officer at such muster or court, or
board, may confine him or them, where such offence shall or may happen, for a term not
exceeding one day, nor less than six hours, during which time they shall not be allowed
to drink any spirituous liquors ; and if any non-commissioned officer or soldier shall
behave himself disobediently or mutinously when on duty, or before any court or board
directed by this act to be held, or shall leave the ranks without permission, or refuse to
fall therein when ordered, or at any muster whatever, or shall appear on parade drunk,
or shall quarrel himself, or promote any quarrel amongst his fellow soldiers, such non-
commissioned officer or soldier so offending shall be disarmed, and confined for the day,
by order of the commanding officer present, and shall moreover be fined, at the discre-
tion of a court of inquiry, in a sum not exceeding thirty dollars, nor less than five, to
be appropriated as other fines imposed by this act.

Sect. 19. And be it further enacted, That the following forfeitures, pains and penal-
ties, shall be incurred for delinquencies, to wit: major general or commanding officer
of a division, for failing to discharge the duties required by this act, or disobeying any
order legally issued by the commander in chief, shall, for each and every such offence
or neglect, forfeit and pay a sum not exceeding one thousand dollars ; for acting in con-
tempt of any order given by the commander in chief to him directed, for every such
offence forfeit and pay a sum not exceeding two thousand dollars, or be removed from
office, according to the provisions of the third section and fourth article of the consti-
Of a brigadier tution, or both, at discretion. By a brigadier general or commanding officer of a- brigade,
for failing to discharge the duties imposed by this act, or disobeying any order legally
issued by a superior officer, shall, for each and every such offence or neglect, forfeit and
pay a sum not exceeding six hundred dollars ; for acting in contempt of any order to
him directed, legally issued by a superior officer, forfeit and pay for every such offence
a sum not exceeding fourteen hundred dollars, or be removed from office, according to

Penalties for
delinquencies
of a major ge
neral.

general.

MILITIA. 1818. 457

the provisions of the third and fourth article of the constitution, or both, at discretion ; (No. 341.)
that the following forfeitures and penalties shall be incurred for delinquencies, to wit :
By a colonel or commanding officer of a regiment, for failing to appear at musters, or Of a colonel,
on any other necessary occasion, armed and uniformed as the law directs ; for failing to
take an oath to summon at any court or board, or failing to order a regimental or bat-
talion muster, to report delinquent officers, to make returns of his regiment, shall, for
each and every such offence or neglect, forfeit and pay a sum not exceeding one hun-
dred and forty dollars ; for failing to call into service any militia legally detailed from
his regiment, six hundred dollars. By a lieutenant colonel or major, for failing to appear Of a lieute-
at muster, or on any other necessary occasion, armed and uniformed as above ; for fail- or major.
ing to take an oath to attend any court or board, to give notice of any regiment or bat-
talion muster, to report delinquencies or make any return, he shall forfeit and pay, for
each offence and neglect, a sum not exceeding sixty dollars ; for failing to call forth his
battalion with due dispatch, or any detachment of men or officers that may be required,
from time to time, by the commanding officer of his regiment or the commander in
chief of the state, three hundred dollars. By a captain, for failing to appear at muster, of a captain.
or on any other necessary occasion, armed and uniformed as the law directs ; for failing
to take an oath to attend any court or board, to enrol his men, and take an account of
their arms, accoutrements and ammunition ; to appoint or draft non-commissioned offi-
cers, as directed by this act, to give notice of regimental, battalion and company mus-
ters, to cause his roll to be called, and his company to be exercised, to examine his
company, and report delinquencies and defaulters, or to make any return as directed bv
this act, shall forfeit and pay for each and every such offence and neglect, a sum not exceed-
ing forty dollars ; for failing to call forth such officers and men as may from time to time
be legally called for from his company, or failing, on such occasions, to repair to the
place of rendezvous, he shall forfeit and pay a sum not exceeding one hundred and
twenty dollars. By a subaltern officer, for failing to appear at muster, or any other ne- Of a subaltern
cessary occasion, armed and uniformed as the law directs ; for failing to take an oath officer'
or attend any court ; for each and every such offence, he shall forfeit and pay, at the
discretion of the court of inquiry, a sum not exceeding twenty dollars ; for failing to
repair to the place of rendezvous when ordered, upon any call from the commander in
chief, he shall forfeit and pay a sum not exceeding one hundred dollars. By a non-com- Of a non-com-
missioned officer or musician, for refusing or neglecting to act as such, after having "er.Si°Ued ^
been legally drafted or taught ; to give due notice to their respective squads of all
musters, and to such of them as they are ordered to summon to courts of inquiry ; for
failing to attend any muster or courts of inquiry when ordered; for failing to appear
properly armed and accoutred at aforesaid muster, he shall forfeit and pay a sum not
exceeding twenty-five dollars, or for each and every such offence, at the discretion of a
court of inquiry ; for failing to repair to his rendezvous, when legally drafted and or-
dered upon any call from the commander in chief, a sum not exceeding one hundred

302

468

MILITIA. 1818.

(No. 341.)

Of a private
soldier.

dollars. By a private soldier, for failing to attend any muster when legally warned
thereto ; or failing to attend by the time appointed, which, for all musters to be held
throughout the state, shall be by eleven o'clock in the morning, armed and accoutred as
this act directs, shall forfeit and pay for each offence, a sum not exceeding twenty dol-
lars, at the discretion of the court of inquiry ; for failing to repair to his rendezvous,
properly armed, accoutred, and equipped, when legally drafted and ordered upon any
call from the commander in chief, a sum not exceeding one hundred dollars, at the dis-
cretion of a court of inquiry : Provided, that no officer of the militia shall be fined for
not appearing in uniform, until three months after he shall have been commissioned ;
and in addition to the foregoing, all non-commissioned officers and privates who may
be hereafter drafted, who shall refuse or neglect to appear, agreeably to such order as
may be issued with such object, shall in every respect be considered deserters, and be
liable to the rules and articles of war in such cases provided ; excepting in the case of
privates where a good and sufficient substitute shall be furnished ; and if any non-com-
missioned officer or private shall be returned as a delinquent, for not appearing armed
and accoutred as the law directs, the court of inquiry before whom the same shall be
tried may, if it appears reasonable, and the delinquent shall make it appear that he was
unable to procure the legal equipment, remit the fine incurred by him ; and that the
fines and penalties incurred by minors and apprentices, for the breach and neglect of
their duty in any particular service by law required of them, shall be paid by the parent,
guardian or master.

Proviso.

Drafted per-
sons, who fail
to appear
agreeable to
orders, deem-
ed deserters.

Fines for not
appearing le-
gally equip-
ped may be
remitted, if
the delinquent
was unable to
equip himself.
Fines incur-
red by minors,
&c. by whom
gaid.

Arms, &c. of
the militia
exempt from
execution.
Their persons,
when exempt
from arrest on
civil process.

Notices of

musters.

Sect. 20. And be it further enacted, That all arms, ammunition, and equipments, the
troopers' horses, and furniture of the militia, shall be exempted from execution and dis-
tress at all times ; and their persons from arrest and process in civil cases, while going
to, continuing at, or returning from muster, and while in actual service.

Sect. 21. And be it further enacted, That the distribution of orders, requiring any
muster to be held, shall take place in such manner as that a colonel, or commanding
officer of a regiment, shall have notice, in writing, from the brigadier general, at least
thirty days before such intended muster ; of a battalion, from the colonel, or command-
ing officer of a regiment, at least twenty days ; a captain, or commanding officer of a
company, from the major, or commanding officer of the battalion, at least fifteen days,
who shall distribute all orders to their sergeants, at least ten days, and the sergeant* to
each person in his squad, least three days before such musters respectively ; nevertheless,
all notices publicly given by the commanding officers of companies, at their respective

* This section amended, so far as to permit sergeants to distribute said orders verbally to the men in their
squad. See act of 1819, No. 342, 8th section.

MILITIA. 1818. 459

musters, of any subsequent muster, shall be held and deemed as legal notices, as to all (No. 341.)

persons present at such musters ; and ten days previous notice shall be served in writing Notices to de-

to any delinquent officer, non-commissioned officer or soldier, by the adjutant, to said the time and

officers, and by sergeants to non-commissioned officers and privates, of the time and court of in-

place' court of inquiry shall sit; and a written or verbal declaration before the court of <llurJr'

inquiry by said adjutant and sergeant, or any other officer or soldier, shall be sufficient

evidence to such courts of such notices and services ; and the commanding officers of Returns of de-
linquent offi-
regiments and battalions shall, at their respective regimental and battalion musters, take cers to the

notice of all delinquent officers, and shall lay the same, together with the returns of ry regulated
delinquencies of the commanding officers of companies, at company, battalion, and regi-
mental musters, before the court of inquiry appointed under this act, to take cognisance
of and determine on them ; and to each of the said returns shall be annexed the follow-
ing certificate, to wit : " I do certify that the return hereunto annexed contain all the
delinquencies which have occurred since my last return, having duly examined the same.'1

Sect. 22. And be it further enacted, That there shall be regimental, battalion and Regimental,

r . , -iTiiii i«rr r battalion, and

company courts of inquiry, to be appointed and ordered by the commanding officers or company

regiments, battalions and companies, for the assessment of fines incurred under this act, co j"'tsf0* M1"

under the following regulations : Regimental courts of inquirv shall be held within sixty assessment of

° # & & n J : fines author-

days after each regimental muster, to consist of at least seven of the commissioned or ized.

brevetted officers of the regiment, and the senior officers present shall preside ; and that courts of in-
all defaulters at the regimental reviews and musters shall be tried at the regimental ^\Y' W e"
courts of inquiry which may next happen; battalion courts of inquiry shall be held Of whom to

within thirty days after each battalion muster, to consist of at least five of the commis- Who shall

preside
sioned or brevetted officers of the battalion, and the senior officer present shall preside ; Battalion

company courts of inquiry shall be held on the next muster day, or within fifteen days nu^rVwlien"

after any company muster, to consist of a maiority of the commissioned or brevetted ne^-

J r J ' _ J.J Of whom corn-

officers of the company, and the senior officer present shall preside : Provided, that posed.

nothing herein contained shall prohibit any volunteer companies from ordering and preside.

holding their own courts martial and courts of inquiry at their own times and places ; cmu'^ when

and such courts shall be held at the regimental, battalion or company muster field, as her.ltl;

r Of whom com-

the case may be, and the following oath shall be administered by one of the officers of posed.

1 • T rr 1111 • T rr- rr- r- i WIlO shall

the court to the presiding officer, and then by the presiding officer to the officers or the preside.
court, to wit : " I, A. B. will truly and faithfully inquire into all delinquencies which court-martial

appear on the returns to be laid before me, and will assess such fines thereon as may i"ld .coul'ts of
- J inquiry of

seem just, without favour, partiality or affection ; so help me God." And such courts, volunteer

■l ■ ■ ' j t--*Wi ' i_ r i- rr- companies.

when so constituted, shall have power to assess fines on all delinquent officers and where said

soldiers within the regimental, battalion or company districts, as the case may be ; and belhckL

the commanding officers of regiments, battalions and companies, shall have power, upon officers °f*he

affidavit being made, setting forth good cause to stay the lew of execution, assessed by an oath.

The oath.
Such courts may assess fines. Execution, how stayed,

470

MILITIA. 1818.

(No. 341.) any preceding regimental, battalion or company courts of inquiry, as the case may be,
until the sitting of the succeeding regimental, battalion or company court of inquiry, as
the case may be ; who may, upon the merits of the affidavit, remit the said fine, if good
cause appears to them to be shown ; and fines inflicted by company courts of inquiry
shall be levied by warrant of distress and sale of the offender's goods and chattels, under
the hand and seal of the presiding officer of the court, by a constable of the district :
Provided nevertheless, that in companies where there may be a deficiency of officers from
any cause whatever, so as to prevent the holding of courts of inquiry, agreeably to the
laws of this state, that it may and shall be lawful for one or more of the officers of any
adjoining company to become a member of any or every such court of inquiry as may
be ordered by the officer commanding, until such vacancy of officers be filled up.

Fines, how
remitted.

Fines by com
pany courts,
how levied.

Proviso.

"When any
company has
not officers
enough to
compose a
court of in-

quiry, one or

more officers of an adjoining1 company may be admitted.

Majors of bat-
talions, in
counties con-
taining1 but
one battalion,
shall nominate
an adjutant
and paymas-
ter.

A clerk and
provost mar-
tial of regi-
mental courts
of inquiry,
how appoint-
ed.

Clerk's duty.
He shall make
out a list of
fines, &c. to
be transmitted
to the regi-
mental pay-
master, who
may receive
fines volunta-
rily paid.
Said clerks
shall make
out warrants
of distress and
sale against
delinquents.
Said warrants
how signed,
countersign-
ed, directed
and levied.
Money col-
lected, to be
paid to the
paymaster
aforesaid.
Return of the
warrant.
Fees of the
constable.

Sect. 23. And be it further enacted, That majors of battalions, in counties containing
but one battalion, be allowed to nominate two fit and proper persons to act as adjutant
and paymaster in his county, who shall be appointed by the lieutenant colonel command-
ant, and which shall be so construed as to supersede the necessity of having a regi-
mental adjutant and paymasters in such cases.

Sect. 24. And be it further enacted, That the respective regimental courts of inquiry
shall annually appoint, by ballot, a clerk and provost marshal, who shall attend the courts
herein before directed to be held ; and it shall be the duty of such clerk to keep a fair
record of all the proceedings of said court ; and within ten days after every battalion
and regimental court of inquiry, (in counties containing but one battalion,) to make out
a fair list of all fines assessed by such battalion or regimental courts of inquiry, desig-
nating therein the captains' districts in which each delinquent res'ides, and transmit the
same to the paymaster of the regiment, who is hereby authorized to receive the fines
which any delinquent may voluntarily pay ; and such delinquent, upon producing the
paymaster's receipt to the clerk, shall be credited therefor without any further cost or
trouble ; and the said clerk shall, within thirty days after every regimental court of
inquiry, make out warrants of distress and sale against every delinquent on whom fines
have been assessed, (and who have not produced the paymaster's receipt as aforesaid,)
signed by himself, and countersigned by the commanding officer of the regiment, or
major commandant, and directed to the constable of the district in which the defaulters
respectively reside, and take the constable's receipt therefor, who shall proceed to levy
the same on the goods and chattels of such delinquent, and shall pay the monies so
collected to the paymaster of the regiment, and make return of such warrants to the
clerk, within two months after receiving the same ; and shall be entitled to the same costs
as are allowed by law in civil cases of equal dignity, and subject to the same rules,
restrictions and penalties as if such warrants had been issued by any justice of the
peace.

MILITIA. 1818. 471

Sect. 25. And be it further enacted, That the paymaster of a regiment, previous to (No. 341.)

his entering on the duties herein required, shall give bond and security to the court of p^^terto

inquiry for the faithful discharge of his duty, under such pecuniary penalty as they may g^t°nd and

think proper: he shall keep fair accounts of the receipts and disbursements of all monies To keepac.

which may come into his hands by virtue of this act, which accounts shall at all times 2^^"

be subiect to the inspection and examination of said court, or of any member thereof; disburse-

J , merits.

and all accounts passed by said court, (or appropriations made by them,) and certified When autho-

by the presiding officer, shall be sufficient to authorize the paymaster to pay the same ; 0"^*° £* y

and should such paymaster fail to render a true and just account of all money by him penalty for

received, at any time when required so to do by the court of inquiry, he shall forfeit atrue account

double the sum which he fails to account for, to be recovered, by motion in the name ofal! momes

7 ' J received by

of the commanding officer of the regiment, in any court having jurisdiction of the same, him.

in the county where he may reside, giving such paymaster ten days previous notice of ?w iecove

such motion: and he shall moreover be dismissed from the office of paymaster of the

regiment.

Sect. 26. And be it further enacted, That the monies arising from fines and forfei- Appropria-

tures by virtue of this act, shall be considered as a fund to defray the expenses arising

under the same, to provide standards and colours for the battalions and regiments,

musical instruments for companies, ammunition for field days, and every other kind of

warlike arms, implements or equipage, which, in the opinion of the court of inquiry,

mav tend to the advancement of the militia service ; and moreover the court of inquirv Compensation

J . m n J of the clerk,

shall, from time to time, appropriate such sums as they shall think just and right, as a paymaster,

compensation to their clerks and paymasters, and any other person necessarilv em-
ployed in carrying the militia law into effect within the bounds of their respective re-
giments.

Sect. 27. *And be it further enacted, That the commander in chief of the state Major . ge»e-

' ral, brigadier
upon complaint for misconduct or neglect of duty, lodged in writing in the executive general, adju-

office by five or more of the commissioned officers, shall cause to be arrested any ma- termaste?ge-"

jor general, brigadier general, the adjutant or quartermaster general, and order a court Je£teS/°W **~

martial of all the other generals, and field officers, and captains, or so many of them Court martial,
,, , . . N , .. , '. ' ofwhatnum-

(havmg a regard to seniority) as shall amount to thirteen, which court martial shall ber and of

proceed in the same way, and under the same restrictions as is herein after provided for pos°ed. C°m°

the trial of field officers ; and any major general, or brigadier general, for misconduct Colonel, lieu-

within their own knowledge, or upon complaint lodged in writing by two commis- ne^'major0^

abattalion,&c.
how arrested.

* For further proceedings on the arrest of any officer, see the 10th section of the act of 1819, No. 34?

472

MILITIA. 1818.

(No. 341.)

Court mar-
tial, by whom
ordered, of
whom, and of
what number
composed.

Power of the
court.

A captain,
subaltern, or
regimental
staff officer,
how arrested.

Brigade court
martial, by
whom order-
ed, of whom
and how many
composed.

Power of said
court.

An oath to be
taken by each
member of a
court martial.
The oath.

Witnesses,
how summon-
ed.

How punish-
ed for non at-
tendance.

sioned officers, shall have power to arrest any colonel, lieutenant colonel, major of bat-
talion, or any other officer attached to their respective staffs ; and the commanding
officer of the division shall order a court martial for each colonel, lieutenant colonel,
major of battalion, major of brigade or inspector, to be composed of one brigadier ge-
neral, and of as many field officers and captains as shall make up a number of not less
than thirteen ; and such court martial shall proceed to hear and determine on all offences
against military order and decorum, and may censure, fine or cashier such officer, which
sentence shall be final, when approved by the commander in chief of the state ; and any
brigadier general, colonel, lieutenant colonel or major, for misconduct in any captain,
subaltern, or regimental staff officer, within his own knowledge, or upon complaint
lodged in writing by any commissioned officer, may arrest such captain, subaltern or re-
gimental staff officers ; and the brigadier or commanding officer of a brigade shall order
a brigade court martial for the trial of any such offender, to be composed of one or
more field officers, and as many captains and subalterns as will make up a number of
not less than thirteen ; and such court martial shall proceed to hear and determine on
all offences against military order and decorum, and may censure, fine and cashier any
officer so tried, which* sentence shall be final when approved by the officer ordering
such court. And before any court martial shall proceed to hear and determine any case,
they shall take the following oath, to be administered by the presiding officer to every
other member, and then by the officer next in rank, to him, to wit : " I do solemnly swear,
that I will well and truly try the case now before me, according to the evidence and the
opinion I entertain of the spirit and intention of the laws of this state and of the United
States, and that I will not divulge the vote or opinion of any member of this court, un-
less required to give evidence thereof in a court of justice, in a due course of law, until
the sentence shall be approved of by the proper authority ; so help me God :" and for
obtaining the necessary evidence for the trials aforesaid, the commander in chief of the
state, or the presiding officer of the court martial, shall issue his summons ; and every
person so summoned failing to attend and give evidence, shall be subject to be tried by
a court martial, and, if an officer, may at the discretion of such court be cashiered or
fined not exceeding six months pay, as by the law of the United States is allowed to
such officers when in service, and if a non-commissioned officer or soldier, or person
not enrolled, to be reported to a court of inquiry of the regimental district in whose
bounds he shall reside, and be then subject to such fines and penalties as they may
think proper to inflict, not exceeding twenty dollars ; and all persons summoned or

* So much of this section as gives the brigadier general, or officer ordering a court martial, the power of
approving, is repealed by act of 1819, No. 342, section 9th, which also enacts, that all sentences of a brigade
court martial, amounting to cashiering, shall be laid before the major general for approval.

MILITIA. 1818. ;/

called to give evidence before any court martial shall take the following oath, to be ad- (No. 341.)

ministered by the president or judge advocate, to wit : " I do solemnly swear, that Oath of wit-

the evidence that I will give in the case now in hearing, shall be the truth, the whole

truth, and nothing but the truth ; so help me God :" and when any militia officer shall be A militia offi-

c cer, when

cashiered, he shall not be eligible to hold any commission for the term .01 three years cashiered,
, r shall be ineli-

thereatter. g-ible for three

years.

And be it further enacted. That if anv officer, arrested for trial, shall refuse or The refusal of
J J an arrested of-

neglect to attend, such refusal or neglect shall be deemed ipso facto sufficient evi- ficer to attend

i-i i. rr tci a court martial

dence of his guilt, so far as to authorize the court to subject such offender or defaulter for trial, deem-
to such fines and penalties as might have been inflicted, had the individual appeared and an evidence'of

been regularly convicted of the charges preferred against him. guilt, and he

0 J o r o may be senten-

ced according'-

Sect. 28. And be it further enacted, That his excellency the Governor be authorized Governor

, , .. . . ill irii when autho-

and empowered, on an invasion or insurrection, or probable prospect thereol, to call T\Z(t& to cau

forth such a number of the militia, and from such countv or counties, and in such man- out ,. miutia»

7 J and m what

ner, either companies or by drafts, as he may deem proper ; and for the accommo- manner.
dation, equipment, and support of the militia so called forth, the commander in chief of ^tam offi"

the state mav appoint such quartermasters, commissions, and other staff officers as to cers,andadopt
J rtr x measures for

him shall seem proper, and shall also take such measures for procuring, transporting procuring-,

. transmitting

and issuing all orders which may be necessary : orders for the militia to be called forth and issuing or-

as aforesaid, shall be sent to the commanding officer of the regiment, brigade or divi-
sion, with a notification of the place or places of rendezvous, who shall immediately calling out the
take measures for detaching the same, with the necessary number and rank of officers, distributed

by regular details, drafts, or volunteer enlistments, as he may be ordered : whenever executed.
J S. . . ' ' . ' . ' Militia, when

any militia shall be called forth into actual service as aforesaid, they shall be governed in service, go-
by the articles of war which govern the troops and the militia which are in the service articles of war
of the United States; and courts martial shall be held as therein directed, to be composed g^ ^ Umted
of militia officers only, for the trial of any person in the militia ; but to the cashiering Courts mar-
of any officer, or capital punishment of any person, the approbation of the commander an(j 0f wnom '

in chief shall be necessary ; and when any militia shall be in actual service, they shall comPosed-

The cashier-
be allowed the same pay and rations as are allowed by law to the militia of the United ing of an offi-

States : if a sudden invasion should happen in any county in this state, the command- punishment,

ing officer of the militia in such county is hereby authorized and required to order out must YV^ru

the whole, or any such part of the militia as he may think necessary, and in such man- commander in

ner as he may think best, for repelling or suppressing such invasion or insurrection, and p wnen -m

shall call on the commanding officer of the adjacent county for such aid as he may think service-

necessary, who shall forthwith, and in like manner, furnish the same ; and in the event dong in°caSe

of any ordered out by the commanding officer of a county as aforesaid, such officer ?f an7 sudden

J J ' invasion, or

3 P

474

MILITIA. 1818.

(No. 341.) shall immediately give notice of the same, and the cause thereof, to the commanding
insurrection in 0fficer 0f t^e brigade or division, who shall forthwith report the same to the comman-

any county. ° x

der in chief.

Expresses
may be em-
ployed to
transmit or-
ders.

Their com-
pensation.
Proviso.

Proviso.

Sect. 29. And be it further enacted, That the major generals, brigadier generals,
and colonels commandants of regiments, be, and they are hereby vested with powers to
employ such persons, and contract with the same at any rate not exceeding four dollars
per day, to ride express, for transmitting such orders as in their judgment may be for
the good of the public service : Provided, that a day's riding, for any express, be not
less than thirty-five miles ; during the necessaiy time they may be actually engaged in
performing such duty, to be paid by the Governor out of the contingent fund, upon
their producing a certificate of the general or officer so employing them : And provided
also, that no express employed by the colonel or commandant shall be allowed pay, un-
less in case of insurrection or invasion.

Pay of the ad-
jutant gene-
ral, when in

service.

Sect. 30. And be it further enacted, That the adjutant general shall be allowed such
pay, while in actual service, as shall be expressed in each annual appropriation law, and
that in case of omission in any of said laws of such allowance, the commander in chief
is hereby authorized to pay the same out of the contingent fund, at the rate of the pay,
subsistence and forage which officers of equal rank and allowance, when in the service
of the United States, and the accounts of the adjutant general for the same being first
certified by a major general or the commander in chief.

Captains once
in every year
to read such
parts of the
militia law of
the state and
United States
as relate to
the discipline,
Sec. of their
companies.

Officers of vo-
lunteer com-
panies, when
allowed to
vote for field
officers.
Not to hold
commissions
without forty
men.

Cavalry law
repealed.

Only one
troop of caval-
ry shall be at-
tached to a
regiment of
infantry.

Sect. 31 . And be it further enacted, That it shall be the duty of every captain or com-
manding officer of a company to read, or cause to be read, in the hearing of his com-
pany, whilst on parade, at least such parts of the militia law of this state and of the
United States as relate to discipline and the preservation of good order, once in every
year.

Sect. 32. And be it further enacted, That officers commanding volunteer companies
shall not be permitted to vote at any election for a field officer, unless they should
actually have forty men in uniform at the time of such election, nor shall any officer of
any volunteer company of this state be entitled to hold their commission with a less
number of men.

Sect. 33. And be it further enacted, That after the passing of this act, all laws or
parts of laws organizing a brigade, regiment, or squadron of cavalry in this state be, and
the same are hereby repealed ; and that not more than one troop of cavalry shall be
attached to the several regiments of infantry, to be commanded by the colonel command-
ing the regiments respectively.

MILITIA. 1818. 475

Sect. 34. And be it further enacted, That when any person shall be elected, and shall (No. 341.)

receive brevet or commission, and shall resign the same before the expiration of three An officer who

7 ° A shall resign his

years from the date of his said brevet or commission, such person or persons so resigning commission or

J ....-, brevet, before

shall not be capable of being elected to any post or office in the militia of the state, the expiration

higher in rank than fourth corporal, for the space of three years : Provided, that a fronAlfe^ate

removal out of the regimental, battalion or company district, shall not vacate their com- Dh^re?^sbhial!

mission, and not subject the person so removing to the disabilities therein contained. a higher rank

than fourth
corporal lor three years. Proviso.

Sect. 35. And be it further enacted, That when any commissioned, non-commissioned imprisonment

• -i pi **or fi"es au-

officer or private has been regularly fined for misconduct or neglect of duty, and no thorized.

goods and chattels can be found whereon to levy the said fine, that then it shall be law-
ful to imprison the said delinquent one day for each dollar, to the amount of his fine ;
and that it shall be the duty of the keeper of such jail to receive such offender or defaulter,
and to keep him or them in close custody, for the term in such warrant expressed, and
until such offender or defaulter shall have satisfied such keeper for his fees on his con-
finement : Provided, no jailor shall detain such person or persons more than one day for Proviso.
his fees.

Sect. 36. And be it further enacted, That all officers, whilst on duty, and any militia officers and

called to musters or parades, or to courts martial or courts of inquiry, having to pass De exempt

over toll bridges, ferries, or through turnpike gates, shall pass toll free going to or re- *£°m. fernaffe»

turning from such muster, parade or court as aforesaid. to and return-
ing from mus-
ters, &c.

Sect. 37. And be it further enacted, That it shall be the duty of each major general judge advo-

to nominate and appoint one fit and proper person, who shall bear the title of major, to pointed.

act as judge advocate, whose duty it shall be to attend all courts martial held in said *?IS rank aild

division.

Sect. 38. And be it further enacted, That division and brigade inspectors, or brigade Pay of division

majors, shall receive four dollars per day while in actual service, to be paid out of the a" ectfrS &

contingent fund : Provided, the services which are to be performed shall not exceed ™henin ser~

° r vice.

thirty days in any one year, and shall be certified by the commanding officers of the Proviso,
regiments or battalions in the brigade where such services are performed.

Sect. 39. And be it further enacted, That there shall be to each regiment of infantry Each regi-

of the militia in this state, one colonel and one lieutenant colonel : Provided, that all J^-"^]] ha*e"

persons now in commission as lieutenant colonel, shall take rank as colonel, and the on<; colonel

and lieutenant

oldest major in each regiment take rank as lieutenant colonel, who shall hold such rank colonel.

and appointments during their residence within their respective regiments or battalions, 10V1S0
unless they are sooner removed by court martial or resignation, who shall be commis-

3 P 2

4.7*6

MILITIA. 18 IS.

(No. 341.) sioned by the Governor accordingly ; thereafter when vacancies shall happen, they shall
be elected as heretofore pointed out.

Pay of mem-
bers of a court
martial.

Sect. 40. And be it further enacted, That officers and the judge advocate, detailed on
a court martial for the trial of an officer or officers under arrest, shall each be allowed
the sum of four dollars per day, during the time of their actual session, and four dollars
for every thirty miles, in going to and returning from each court martial, to be paid by
the executive, on such judge advocate or officer's producing the certificate of the presi-
dent of such court martial.

Horse, artille-
ry, and rifle
companies,
one of each al-
lowed to a re-
giment.
Exception.

Sect. 41. And be it further enacted, 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 prevent
the existence of any number of volunteer corps, or any number of men in each company
exceeding the number above mentioned.

Who shall be
exempt from
militia duty.

Sect. 42. And be it further enacted, That all persons who now are, or who may here-
after be exempted by the laws of the United States, and all clergymen regularly ordained,
shall be exempted from militia duty.

Requisitions
of militia for
public service,
how appor-
tioned, &c.

Sect. 43. And be it further enacted, That when any detachment of militia may be
required of this state by the proper authority, for the service of this, or the United
States, it shall be the duty of the adjutant general to apportion the number required
from the several divisions and brigades, and the Governor shall give orders to the com-
manders of divisions for carrying the same into effect.

An alphabeti-
cal list of the
men detached,
to be trans-
mitted to the
executive.
Such detach-
ment, how of-
ficered.

And be it further enacted, That it shall be the duty of the colonel of the regi-
ment or regiments, from which said men are taken, to make out an alphabetical list of
all the men so detached, and transmit the same to the executive office within ten days ;
and the Governor shall officer the same out of the line of officers out of which such
officers is required, within the regiment or regiments from which said men are taken;
and it shall be the duty of the executive, when a brigadier's command or major gene-
ral's is called out, to appoint the brigadier or major general out of the brigadiers or
major generals then in command in this state, to command the same.

Governor to Sect. 44. And be it further enacted, That his excellency the Governor is hereby au-

thiseiawPand° thorized to cause a sufficient number of copies of this law, together with the act of Con-
certain laws of gress more effectually to provide for the national defence, by establishing an uniform

Lilt U • »5 t3.tCSj

and the arti- militia throughout the United States, and the act of Congress for calling forth the

ClCS OI W£ll* to

be printed and militia, to execute the laws of the Union, suppress insurrections and repel invasions, and

distributed.

MILITIA. 1818. 477

the articles of war, to be printed and distributed throughout the state, so that every (No. 341.)

general and field officer therein, and every brigade inspector, adjutant and captain, may

be furnished with one copy each; and his excellency the Governor is moreover required Also to con-

# XrSlCT TOT £•

to contract for a sufficient number of copies of the rules and discipline prescribed by number of co-
Congress, or which may hereafter be prescribed for the troops of the United States, as rules and disci-
will furnish the commanding officers of every company throughout the state with one JdbyPCon-nb°
copy, all which shall be the property of the company, and descend to them in the sue- gresss for the
cession of captains, as long as they last : Provided, nothing in this act shall be construed u. states,
to prevent the company of Darien Volunteer Guards from continuing as a company, if Proviso,
they have not forty men in said company.

Sect. 45. And be it further enacted, That all laws and parts of laws, heretofore enact- Repealing-
ed, to regulate the militia of Georgia, be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 342.)

To amend 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 19th December,

1818.

BE it enacted by the Senate and House of Representatives of the state of Georgia, Regimental
in General Assembly met, and it is hereby enacted by the authority of the same, That districts may-
nothing in the fourth section of the above recited act, shall prevent regimental and bat- e™brace Par*s
talion districts from embracing parts of two or more counties, where such arrangement counties.

cannot be conveniently avoided ; and that at all elections authorized by said act justices Justices of the

c , -j peace may

of the peace may preside. preside at

elections authorized by the recited act*

Sect. 2. And be it further enacted, That when a vacancy shall happen by death, re- Vacancies.
signation, or otherwise, of any officer of regiment, or major of battalion, such vacancy

..,.

478

MILITIA. 1819.

(No. 342.) shall be filled in manner pointed out by the eighth section of said act, except in case of
lieutenant colonel, whose vacancy shall be filled by the senior major commanding, who
shall take rank and be commissioned accordingly.

The 40th sec-
tion of the re-
cited act re-
pealed.

Artillery com-
pany, how
raised.

Proviso.

Sect. 3. And be it further enacted, That the fortieth section of the act aforesaid be,
and the same is hereby repealed.

Sect. 4. And be it further enacted, That where there may be two or more regiments
in any county, and but one artillery company, that said company may be raised out of
any or all of said regiments : Provided, that no company is reduced to less than sixty-
four rank and file, or the number recruited does not exceed every eleventh man in each
company ; and said company shall be attached to the regiment where the captain of said
company resides.

Removal of Sect. 5. And be it further enacted, That in the cities of Savannah and Augusta,

Savannah or no removal of any commissioned officer, except it be beyond the corporate limits of said

Augusta (un- cjtv shall vacate the commission of said officer.

less it be be- J \

yond their

corporate limits) shall not vacate his commission.

Sect. 6. And be it further enacted, That the " Independent Troop," in the county of
iberty, be permitted to continue unc
act, to the Darien Volunteer Guards.

"Independent
Troop" of Li-
berty county. Liberty, be permitted to continue under the like privilege granted, in the before recited

There shallbe Sect. 7. And be it further enacted, That when a regiment shall consist of three bat-

a regiment talions, there shall be two majors ; and that nothing in the before recited act shall be

3°battahons. so construed as to prevent the existence of the two volunteer troops in the counties of

Two volun- Jefferson and Wilkes.

teer troops in

Wilkes and Jefferson counties permitted to exist.

Sergeants al-
lowed to de-
liver orders
verbally 3
days before
muster.

Sentence of
cashierment,
by whom to
•be approved.

Sect. 8. And be it further enacted, That the twenty-first section of the aforesaid act
be amended, so far as to make it lawful for the sergeant to distribute all orders verbally,
to each person in his squad, three days previous to any muster.

Sect. 9. And be it further enacted; That so much of the militia law as gives the bri-
gadier general, or officer ordering a court martial the power of approving, be, and the
same is hereby repealed; and that all sentences amounting to cashiering of any officer,
passed by a brigade court, shall be laid before the major general of the division, for his
final approval.

MILITIA. 1819. 479

Sect. 10. And be it further enacted, That all officers arrested shall have at least (No. 342.)

twenty days notice in writing, of the time and place of the sitting of the court, for his ° ™c ^"^"J8"

or their trial, and be furnished with a list of the officers detailed to sit on said court ; to 20 days

written no-
and it shall be the duty of the field officers issuing an arrest, to give the adjutant or ticeofthe

~ , , ni' i ^l. • j time and place

officer serving the same authority to summon all such witnesses, on both sides, as may of the court

be pointed out by the parties. martial, and to

r J r be turnished

with a list of the members. Witnesses, how summoned.

Sect. 11. And be it further enacted, That the Laurens Troop of Light Dragoons be Laurens

• • m • -ill Troop ofLight

permitted to exist and retain their accustomed privileges, subject only to be disbanded Dragoons per-

by the commander in chief: Provided, they do not arm and equip within such time as ta|n fteir pri-
he may be disposed to allow. vileges, &c.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 22d December, 1819.

JOHN CLARK, Governor.

Proviso.

AN ACT (No. 343.)

To authorize the military officers in the county of Jackson to consolidate the two
regiments therein, and to lay off the battalions and company districts.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, and it is hereby enacted by the authority of the same, That the Military offi-

senior colonel commandant in the county of Jackson shall, without delay, proceed to soTcounty

convene the commissioned officers in said county, at the town of Tefferson in said county, autnorized to

J J 7 consolidate

by giving at least twenty days notice of the time and place at which such convention thetworegi-

,,..,... . ments therein,

is to be held, by advertising the same at the said town of Jefferson, and at one or more and to lay off

of the most public places in each battalion; and it shall be the duty of the said com- and company

missioned officers, or a majority of them, when so convened, and they are hereby autho- distncts-

480

MILITIA. 1819.

(No. 343.) rized to proceed to consolidate the two regiments in said county, and lay off the batta-
lions not exceeding three, and to lay off the company districts, taking due care that the
said districts shall not contain a less number of men capable of bearing arms than is
required by the militia law now in force.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 29th November, 1819.

JOHN CLARK, Governor.

[ 481 ]

MISSISSIPPI TERRITORY.

AN ACT

Declaring the assent of the Legislature of the state of Georgia to the formation
of one or more state governments in the Mississippi Territory.

WHEREAS, Congress, at their last session, passed a resolution requesting the assent Preamble.
of the legislature of this state to the formation of one or more state governments in the
Mississippi Territory : And whereas, the legislature of this state deems it to be just and
right, that the expediency of forming territorial, into state governments, should be sub-
mitted to the wisdom of the general government, and can discover no reasonable objec-
tion that this state can have to such formation :

BE it enacted, therefore, by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, That the assent of the legislature of the state of The assent of

. the legislature

Georgia is hereby given and declared to the formation of one or more state govern- to the forma-

nients in the Mississippi Territory, by the Congress of the United States, at any time more stateS in
they may hereafter think proper to order and establish the same. Territor^de1"

clared,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 5th December, 1812.
# D. B. MITCHELL, Governor,

-■

3*Q

[ 482 ]

NAVIGATION.

AN ACT*

Amendatory to An act to incorporate a company for the purpose of opening the
Ogechee river, from the mouth of Canouchee to the mouth of Rocky Comfort,
and for the improvement of the navigation thereof

A meeting of Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
sioners men- gia-> in General Assembly met, That from and after the passing of this act, the commis-

tioned in the sjoners named in the above mentioned act be, and they are hereby authorized to call a

recited act au- 7 J J

thorized for meeting of the subscribers, for the purpose of electing officers, and organizing the said

the purpose off °

electing- offi- company, so as to proceed directly to the opening of the said river.

cers, &,c.

The last para- Sect. 2. And be it further enacted, That the last paragraph of the ninth section of the
ninth section said act shall be understood and read in the words and manner following, viz : u and at
of the recited t^e eXpjratjon of twenty years, or at such other period thereafter, as the aforesaid com-
pany shall be reimbursed in the amount of principal and interest of the sum so sub-
scribed, no longer toll shall be required or demanded."

Andrew Bird Sect. 3. And be it further enacted, That nothing in this or the before recited act
Bird and their shall be so construed as to compel James Bird or Andrew Bird, and their heirs, to pay-

heirs exempt
from paying
toll for navi-
gating said
river.

any toll for navigating the said river Ogechee, between the mouth of Black creek and
the Canouchee river.

ROBERT IVERSQN,

-Speaker of the House of Representatives '.

MATTHEW TALBOT,

President of the Senate.
Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

* For further provisions relative to Ogechee river, see act of 1811, No. 347 ; also act of 1817, No. 362, by
whith. §3000 are appropriated for improving its navigation.

NAVIGATION. 1811. 483

AN ACT (No. 346.)

To repeal an act, entitled An act for keeping open Little river and Broad river,
passed 22d February, one thousand seven hundred and ninety-six, so far as
respects Little river, and all other acts passed for the prevention of erecting
mills on said river.

WHEREAS, the erection and establishment of merchant mills are objects of utility, Preamble,
and the first importance to the citizens of this state, particularly that portion of the
citizens who live adjacent to the said river : And whereas, the said Little river affords
manv valuable and eligible situations for the erection and establishment of merchant
mills : for remedy whereof,

BE it enacted by the Senate and House of Representatives of the state of Georgia, The recited

. j, T-.1 act, so far as

in General Assembly met, and it is hereby enacted by the authority oj the same, 1 hat regar(js Little

an act, entitled An act for keeping open Little river and Broad river, passed the twenty- "^^^11^"
second day of February, seventeen hundred and ninety-six, be, and the same is hereby other^acts^pre.

repealed, so far as respects Little river, and all other acts heretofore passed, which had erection of

" . ' mills on said

a tendency to forbid or prevent persons from erecting mills on said rivers. rjver.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 14th December, 1811.

D. B, MITCHELL, Governor.

3 Q2

484

NAVIGATION. 1311.

(No. 347.)

AN ACT*

To revise and amend the third section of an act for clearing out Ogechee river
and Briar creek, passed the twenty-second day of February, 1796*.

Preamble.

WHEREAS, the said third section of the before recited act is found insufficient for
the purposes intended : for remedy whereof,

Persons who
have or may
put hedges,
&c. across the
Ogechee ri-
ver, between
the mouth
and the shoals
of the same,,
required to
remove them.

Hedges, &c.
remaining on
or after the
first day of Ja-
nuary next, in
said river,
how removed.

Liability of
the persons
who placed
the same
therein.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and im-
mediately after the passing of this act, all hedges, stops or weirs already made, or
which may hereafter be made across the said river Ogechee, any where between the
mouth thereof and the shoals of the same, shall be removed by the person or persons
putting in the same, and if any hedge, stop or weir as aforesaid shall, on the first day
of January next, or at any time thereafter, be or remain in the said river, it shall be the
duty of any justice or justices of the peace in any adjoining company district or county
on information being made on oath, that there is any hedge, stop or weir in the said
river, between the places as aforesaid, to issue his order, directed to any lawful consta-
ble of said district or county, to summon and take with him any number of citizens
which he may deem necessary, and proceed without delay to remove all such hedges
weirs or stops as aforesaid ; and the person or persons having placed the same in said
river, shall be liable to pay at the rate of fifty cents per day for each person so em-
ployed as aforesaid, all to be recovered in one action before any court having cogni-
zance of the sum.

Second of-
fence, how
punished.

Sect. 2. And be it further enacted, That any person or persons offending in like
manner a second, or at any other time thereafter, shall be, and they are hereby declared
to be liable to be indicted in any adjoining county, and on conviction thereof, to be
fined in a sum not exceeding one hundred dollars j one moiety to be paid to the Inferior
Court for the use of the county, and the other to the prosecutor.

* See act of 1817, No. 362, appropriating g>3Q0Q for improving the navigation of Ogechee

NAVIGATION. 1811. 485

Sect. 3. And be it further enacted, That all acts or parts of acts militating against (No. 347.
the provisions of this act be, and the same are hereby repealed. clause.1"^

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 14th December, 1811.

D. B. MITCHELL, Governor.

AN ACT* (No. 348.)

To amend an act, entitled An act to incorporate a company for improving the

navigation of Broad river.

WHEREAS, by the above recited act, the whole of the shares contemplated in the Preamble,
said act were required to be subscribed for, before the said corporation or body politic
could be formed, or authorized to proceed in the object contemplated in the above re-
cited act, which will very much retard or prevent the said corporation going into full
effect : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives, in General The company

i'ii ^or improving
Assembly met, That so soon as two hundred and fifty shares shall have been subscribed the navigation

for, the said subscribers and their successors shall be, and they are hereby declared to ver declared

be, a body corporate, in mode and manner pointed out by the before recited act. t0 ^e a k°dy

when 250
shares shall have been subscribed for,

Sect. 2. And be it .further enacted by the authority aforesaid, That the said body Duration rf
corporate or politic shall remain and continue a body corporate, under the limitations, porate,
restrictions and provisions, in the aforesaid act contained, until the legislature of this
state shall at any time after the passage of this act extinguish the charter hereby
granted to the said corporation or company, upon paying to them the amount of their

* See act of 1815, No. 356, to incorporate a company for the improvement of the navigation on Broad river,
which repeals the act of 1810, (of which the present act is amendatory.)

486 NAVIGATION. 1811.

(No. 348.) original stock, together with legal interest thereon from the date of .the subscription,
deducting from the amount of interest such sums as may have been collected from
tolls, over and above the necessary expenses of the undertaking, any law to the con-
trary notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

(No. 349.) AN ACT*

To amend an act, to incorporate a company for the improvement of the naviga-
tion of the Oconee river, fyc.

Navi °sA[one ^ - enacted ty the $enate and House of Representatives of the state of Georgia

Company au- in General Assembly met, and by the authority of the same, That the said corporation

thorized to . "

erect any lock shall have lull power and authority to erect a lock or passage through any dam already

through^any built or beSan in the Oconee river, within the jurisdiction of the said corporation, that
they may deem necessary to promote the navigation thereof, any thing to the contrary
thereof notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate.
Assented to, 16th December, 1811.

• D. B. MITCHELL, Governor.

dam on said
river.

* See act of 1814, No. 353, to raise money (by lottery) to improve the navigation of Oconee, from the mouth
of Fishing creek to Barnett's Shoals; also act of 1817, No. 362, third section, appropriating g5000 for said
river, from Fishing creek to the highest point of navigation, provided the Oconee Navigation Company relin-
quish their charter and the nett proceeds of the lottery ; also act of 1818, No. 365, to render navigable the
aforesaid portion of said river ; also act of 1819, No. 370, amendatory of the act of 1818. See also act of 1815,
No. 355, section 9th ; also an act of 1817, section 1st, No. 362.

NAVIGATION. 1812.

487

AN ACT

(No. 350.)

To amend the several acts heretofore passed for opening and keeping open the

river Oconee.

WHERE AS, a number of the good citizens of this state did purchase, at the late Preamble,
sales of fractional surveys, certain lands on the Oconee river, at very exorbitant prices,
which prices were considerably enhanced by certain shad fisheries which were said to
be attached thereto, and which benefits will be entirely done away, unless the said river
Oconee shall be kept open in pursuance of the several acts then in force at the time said
purchases were made :

Sect. 1 . BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, That if any person or persons shall, after the first Persons so

«i-i -lit obstructing

day of January next, continue any obstructions that now are, or place any other ob- the Oconee

structions for private use in the one third of the Oconee river, including the main p^vent the

sluice from the confluence of the said Oconee and Ocmulgee rivers to the mouth of free passage

."'■•',' offish, how

the Appalachee, by dams, traps or other machinery, by which the free passage of fish punished.

shall be thereby obstructed, shall, for every twenty-four hours such obstruction shall be
so continued, forfeit and pay the sum of twenty dollars, to be recovered before any jus-
tice or justices of the peace in the district where such offender may reside ; the one half
thereof shall be for the use of the informer, and the other half for the use of the county
where such offender may reside.

Sect. 2. And be it further enacted, That when any person or persons shall be aiding, Accessories,
abetting or assisting in placing any such obstructions as aforesaid, On due proof thereof,
shall suffer all the penalties hereby inflicted on the proper owner or claimant of such
dams, traps or other machinery, by which the navigation of the said river Oconee shall
be obstructed as aforesaid.

Sect. 3. And be it further enacted, That any person or persons who shall be know- Said obstruc-
ing to any such obstructions being erected in the said river, shall be, and they are removed,
hereby authorized to give to the person or persons, their agent or attorney, one day's
notice to remove such obstructions within twenty days thereafter, and on their failing
so to do, it shall be lawful for any person or persons living adjacent thereto, to caH on
such number of persons as he may deem necessary, and remove such obstructions at
the expense of the owner or owners, claimant or claimants of such dim?, traps or other
machinery, and the cost and expense of such removal shall be paid by the persons or

■*w a

«•

488

NAVIGATION. 1812c

(No. 350.) claimants of such machinery, to be recovered before any tribunal having jurisdiction
thereof.

This act not
to affect mill-
dams.

Proviso.

Repealing
clause.

Sect. 4. And be it further enacted, That nothing in this act shall be so construed as
to affect any mill-dam already built, or that hereafter may be built : Provided, the owner
or owners of said dam or dams will cause to be placed in said dam or dams, in the
main sluice of the river, a slope of at least thirty feet wide, and of sufficient depth to
admit of the free passage of fish, during the months of February, March, and April.

Sect. 5. And be it further enacted, That all laws and parts of laws heretofore pass-
ed on this subject, militating against this act, be, and the same are hereby repealed.

Assented to, 10th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

(No. 351.)

AN ACT*

To amend an act, entitled An act to keep open, remove and prevent obstructions
in Savannah river, calculated to impede the free passage of fish, and the navi-
gation of said river by boats, so far as respects the counties of Richmond, Co-
lumbia, Lincoln^ Elbert and Franklin, as far as the mouth of Tugalo and
Keowee rivers.

Preamble. WHEREAS, the provisions contained in the above recited act have proved ineffec-

tual to cause the removal of the many obstructions placed in Savannah river, calculated
to impede the navigation of said river by boats, and prevent the free passage of fish up
said river ; for remedy whereof,

Commission- Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

to examine Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

vei™from Au- ^hat Richard Gray is hereby appointed commissioner in the county of Franklin ; that
gusta to the
mouth of Tu-
galo and Keo-
wee rivers,

See an amendatory act of 1816, No. 359.

NAVIGATION. 1812, 439

James Hatcher and Enos Tait be, and they are hereby appointed commissioners for the (No. 351.)

county of Elbert ; that William Smith, Shepherd Gross and Mark Anthony be, and and to cause
J .,>•-.'' obstructions

they are hereby appointed commissioners for the county of Lincoln; that Humphrey which may im-

Evans, James Blanchard, James Cartledge, Archer Avery and James Luke be, and they the free pass-
are hereby appointed commissioners for the county of Columbia ; and that Lindsey j^e ' ^°
Coleman and John Wilcox be, and they are hereby appointed commissioners for the
county of Richmond ; and that all of the aforesaid commissioners, or any one or more
of them, shall have full power and authority to proceed to examine and view said rivers,
or any part thereof, from the city of Augusta to the mouth of Tugalo and Keowee
rivers, and determine whether more than one-third of said river, including the main
current or channel, (which is hereby declared shall be kept open at all times,) is ob-
structed by fish traps and dams attached thereto ; and in case he or they shall be con-
vinced, after viewing and examining said river, that more than one-third part of said
rivers, including the main current or channel thereof, is obstructed by fish traps or dams
attached thereto, or other obstructions placed in said river, calculated to impede the
free passage of fish, or navigation of said river by boats ; then, and in that case, it shall
be the duty of such commissioner or commissioners (if it be convenient) to notify the
owner or owners thereof, their agent or manager, to remove the said obstruction or ob- Said obstruc
structions, within two days ; and on refusal thereof, the said commissioners, or any one moved Wre'
of the above named commissioners, to order out, and call to their aid, any portion of
the military forces of said counties, whose duty it shall be to attend to, and obey said
orders, for the removal of said obstructions, and for the protection and defence of per-
sons engaged in the removal thereof, in terms of this act ; and in case it should so
happen, that the militia should fail to comply with the requisitions of this act, when
called on by the said commissioners, or either of them, that then, and in that case, the
said commissioners, or any one or more of them, are hereby authorized and empower-
ed to remove, or cause the said obstructions to be removed, in any manner they may
think proper.

Sect. 2. And be it further enacted, That whenever any one or more of the commis- Offenders,
sioners herein named, shall be able to identify or make known any person or persons edW&c!°SeCUt"
who shall violate the provisions contained in this act, it shall be his or their duty to
prosecute the said person or persons, in the county where such offender or offenders
may reside, according to the mode pointed out in the above recited act, to suffer the

3 R

^--wr^w-T

490

NAVIGATION. 1812.

(No. 351.) penalties therein specified; one half to the commissioner or commissioners who shall
lodge the information, and the other half to the county.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

(No. 352.)

AN ACT*

To encourage an improved mode of transporting Merchandize upon the waters of

the state of Georgia.

Preamble. WHEREAS, Samuel Howard, of the city of Savannah, hath presented a memorial to

the General Assembly, in which he proposes to adopt a new and improved mode of
transporting merchandize upon the waters of the state of Georgia, by towing and warp-
ing the ships, vessels, boats and rafts, in and upon which the same may be laden, by
means of other boats or vessels impelled by the aid of steam. And whereas, it is right
that those who bestow their time and money upon enterprises of public utility, should
be secured in the enjoyment of the fruit of their exertions and experiments:

The exclusive
right of steam
boat naviga-
tion on the
waters of the
state of Geor-
gia, for the
purpose of
transporting
merchandize,
vested in
Samuel How-
ard, his heirs,
Sic. for 20
years.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That in order to encourage the said Samuel Howard and his heirs, and his and their
associates, in the prosecution of the object of public utility in which they are about to
engage, the exclusive right of transporting merchandize upon the waters of the state of
Georgia, in or upon ships, vessels, boats or rafts, warped or towed by means of other
vessels or boats impelled by the aid of steam, be, and the same is hereby vested in the
said Samuel Howard, his heirs and assigns, and his or their associates, for and during
the term of twenty years.

* See act of 1817, No. 361, for the incorporation of the Steam Boat Company of Georgia.

NAVIGATION. 1814. 491

Sect. 2. And be it further enacted by the authority aforesaid, That during the con- (No. 352.)
tinuance of the said term of twenty years, it shall not be lawful for any person or per- ^° °^*P|*'
sons, other than the said Samuel Howard, his heirs and assigns, and their associates, to use said mode
transport merchandize upon the waters of the state of Georgia, by means of said im- °ng. merchan-
proved mode of transportation : Provided nevertheless, that nothing herein contained ^d'tf™!^
shall be construed to prevent any person or persons from transporting merchandize in proviso,
any other mode now in use thereon, at his or their pleasure, or any other way that
may hereafter be discovered, so that the progress thereof is not aided by the power of
steam.

•

Sect. 3. And be it further enacted by the authority aforesaid, That if any person or Any person

. . 1 1 • • violating said

persons, other than the said Samuel Howard, his heirs or assigns, and their associates, exclusive

shall, during the continuance of the said term of twenty years before mentioned, trans- ^^^

port or cause to be transported any merchandize, in or upon any ship, boat, vessel or

raft, towed or warped by means of any other boat or boats, vessel or vessels impelled

by the aid of steam, he or they so offending shall forfeit and pay for every such offence

the sum of five hundred dollars, as well as the boat or boats, vessel or vessels, and all

her machinery, by means of which such transportation shall be effected, to be recovered

by bill, plaint, indictment or otherwise, in any court having competent jurisdiction ; one Appropriation

half of such fine and forfeiture to go to the vise of the prosecutor, and the other half to ure

the use of the state.

Sect. 4. And be it further enacted, That so much of an act passed 18th February,
1799, entitled " An act to appoint commissioners for the purpose of co-operating with
the state of South Carolina in improving the navigation of the river Savannah, from the
city of Augusta to the city of Savannah," as would subject property conveyed by said Property cou-
improved mode of transportation to the toll therein mentioned, be, and the same is m^e afore_
hereby repealed. mt^f

Sect. 5. And be it further enacted by the authority aforesaid, That if the said Samuel Said exclusive

Howard, his heirs or assigns, or his or their associates, do not, within three years from u,fiess one^

the passage of this act, carry into effect the said improved mode of transportation, by mach^e at

putting into active operation at least one machine, that then, and in such case, the exclu- in active ope-
x ration within

sive right hereby granted shall cease and determine ; and if the said Samuel Howard three years.

does not carry into operation said steam engine on all other waters under the jurisdiction ea° ^stream'

•of this state, within ten years, the exclusive right granted in this act shall cease on each neglected, af-

•■' 00 ter ten years

stream so neglected : Provided, that the operation of this act, so far as it respects the proviso.
river Savannah, shall be suspended until the legislature of the state of South Carolina
have passed an act similar in its provisions with this act ; and if the said Samuel Howard
shall neglect or discontinue the operation of the said machine for a greater length of

3 R 2

492

NAVIGATION. 1814.

(No. 352.) time, at any one time, than twelve months, that then the grant of the exclusive right
Proviso. aforesaid shall be null and void : Provided nevertheless, that nothing herein contained

shall be so construed as to extend to the said Samuel Howard the exclusive right of
navigating the river Oconee, after the expiration of the patent right to John L. Sullivan
without paying such toll as may be imposed by any act of the legislature thereafter, upon
boats of similar burthen.

Said Howard, Sect. 6. And be it further enacted, That it shall be lawful for said Samuel Howard,

&c. authorized ,., . ..,. ,.

to remove ob- his heirs or assigns, and his or their associates, to remove from the channel of the river

Savannah "* Savannah any logs, trees, snags, or other obstacles which may impede the safe naviga-

nver. tion thereof, and to place the same upon the bank or shore adjacent thereto, or upon any

other place in the river, whereby the safe navigation thereof may not be obstructed, and

to place marks, buoys, stakes or posts, upon any other obstacles in the river which he or

they may not think proper to remove.

Penalty on Sect. 7. And be it further enacted, That if any person or persons shall carelessly,

obstructing negligently or wilfully place, throw or put in said river, any obstacle to the safe naviga-
said river, &c. tjon ^^0^ or shall carelessly, negligently or wilfully remove or destroy any mark,
buoy, post or stake placed upon any obstacle in said river, such person or persons shall
forfeit and pay a sum not exceeding one hundred dollars, to be recovered by a bill,
plaint or indictment in any court of competent jurisdiction ; one half to the use of the
prosecutor, the other half to the use of the state.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 18th November, 1814.

PETER EARLY, Governor.
\

NAVIGATION. 1814. 493

AN ACT* (No. 353.)

To raise money for the purpose of opening and improving the navigation of the
Oconee river, from the mouth of Fishing creek to Bamett's Shoals.

WHEREAS, it appears essential to the interest and convenience of the citizens of Preamble,
this state, residing on and near the waters of the Oconee river, that the navigation of
said river be improved, by means#of which the produce of those parts may be conveyed
with more ease to market :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That it shall and may be lawful for the commissioners herein after named, to establish Oconee navi-
J # .<-,-, gation lottery

a lottery within three years from and after the passing of this act, to raise the sum of authorized.

ten thousand dollars, under such schemes and regulations as they, or a majority of them,

may deem necessary and proper, to carry into effect the above recited object.

Sect. 2. And be it further enacted, That Thomas Terrell, senr. Sterling Grimes, Commission-
ers of said lot-
Jeremiah Early, Thomas Reid and John Bush, or a majority of them be, and they are tery appoint-

hereby appointed commissioners to carry the aforesaid lottery into full effect.

Sect. 3. And be it further enacted, That the before mentioned commissioners, before Who shall

, • • -, t , • i -m • i 1 i 1 Sive bond and

entering on the duties assigned them in this act, shall give bond and security in the sum security.

of twenty thousand dollars, to the Governor of this state, for the faithful performance of

their duties.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern.
Assented to, 22d November, 1814.

PETER EARLY, Governor.

* See act of 1817, No. 362, third section. See also act of 1818, No. 365, to render navigable the aforesaid
portion of said river; also, act of 1819, No. 370, amendatory of the act of 1818.

494

NAVIGATION. 1815.

(No. 354.)

AN ACT

To authorize Shaler Hillyer, of the county of Wilkes, to build a mill-dam across
Broad river, at the shoals called and known by the name of Muckle's Ferry
Shoals, and for other purposes. ,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enticted by the authority of the same,

shaler Hillyer That the said Shaler Hillyer, his heirs or assigns be, and they are hereby authorized,

build a mill- to build a mill-dam across the said river, at the place aforesaid, and to keep the same in

Br™adCriver perpetual repair, under the restrictions and provisions herein after pointed out ; any law

or parts of laws heretofore passed to the contrary notwithstanding.

Height of said Sect. 2. And be it further enacted, That the said mill-dam shall be so constructed
that it shall not, on the highest part thereof, exceed four feet in perpendicular height,
above the common level of the river.

Shall be so
constructed as
to permit shad
to ascend and
descend said

A race or canal
navigable for
boats, to be
kept open at
said mill-dam.

Construction
thereof.

Sect. 3. And be it further enacted, That there shall be at least twenty feet of said
dam, immediately over and across the main channel or sluice of said river, so con-
structed that, during the shad season, or time of catching shad, it can be with ease
lessened in height, so as to admit shad or other fish to ascend and descend without dif-
ficulty : And provided also, that the said Shaler Hillyer, his heirs or assigns, shall at all
times keep the mill-race or canal leading to his mill, now built at or near the shoals
aforesaid, fit and calculated for the safe navigation of boats of the size of those usually
navigating between Petersburg and Augusta ; which race or canal shall be so constructed
as to admit such boats or other craft to ascend and descend out of and into the said
river, above and below the ends of the said race or canal, without delay, whenever the
waters in the said river will admit its navigation.

A slope
through said
dam for the
passage of
fish to be
maintained
from the 1st of
February to
the 1st of May
in each year.

Penalty for
suffering any
impediments
to the passage
offish over
said slope.

Sect. 4. And be it further enacted, That the said Shaler Hillyer, his heirs or as-
signs, shall well and truly, so long as they or either of them shall keep said dam, main-
tain and keep in constant repair a necessary slope for the passage of fish through the
said dam, in conformity with the provisions of the third section of this act, from the
first day of February until the first day of May in each and every year.

Sect. 5. And be it further enacted, That if the said Shaler Hillyer, his heirs or as-
signs, shall admit or suffer any impediment to the passage of fish over the slope in the
said dam, so to be constructed as aforesaid, from the said first day of February, until

NAVIGATION. 1815. 495

the said first day of May, they, or either of them, -shall forfeit and pay the sunroof (No. 354.)
five hundred dollars ; one half thereof to the complainant, and the other half to be ap-
plied to the improvement of the navigation of said river, to be recovered before any
court in this state having competent jurisdiction thereof.

Sect. 6. And be it further enacted, That it shall not be lawful for any person or per- Fishing at

_ ','. '"'"'. . . said dam re-

sons whatever, to fish for shad or other fish, with nets, gigs, or any other instrument or gulated,

machine whatever, (other than the hook and line,) within two hundred yards either

above or below the said dam, from the said first day of February, until the said first

day of May.

Sect. 7. And be it further enacted, That if any person or persons shall be convicted Penalty for

viol&tinff* the

of fishing or attempting to fish, with any of the instruments, or within the distance or s;xth section
time herein before forbidden, and being thereof duly convicted, shall forfeit and pay for ° act*
every such offence the sum of fifty dollars, to be recovered before any court having com-
petent jurisdiction thereof, one half to the complainant, and the other half to be applied

to the improvement of the navigation of said river ; except when the offender or ofFen- Punishment

m m of a slave so

ders should be slaves, then, and in that case, he, she or they so offending, shall receive offending-.

on his, her or their bare back, ten lashes ; which punishment may be inflicted on due

proof thereof before any one or more justices of the peace of this state ; and the owner Liability of
. . . , , r , , , ,, - the owner.

of such slave, or the person having charge or the management 01 such slave, shall, lor

every such offence committed by such slave, forfeit and pay the sum of twenty dollars,

to be recovered and applied in the same manner as if such offence had been committed

by a free white person : and if the person or persons so offending should be a free per- Free persons

son of colour, then, and in that case, he, she or they shall receive on his, her or their offending,

bare back, thirty-nine lashes ; which punishment shall be inflicted in the same manner, ft°wpumsh=

and under like restrictions as are by this act prescribed for inflicting punishment on

slaves for the like offence.

Sect. 8. And be it further enacted, That it shall be the duty of the said Shaler Hill- SaidHillyer
yer, his heirs or assigns, to keep in constant repair the said race or canal, and a suit- keep the ca-
able lock therein, so long as said dam shall be kept up, so as to admit an easy and

speedy navigation of boats through the said race or canal ; and for every day any boat P

Pcnsiltv

may be detained, by reason of said race or canal not being in proper repair for the navi-
gation of boats as aforesaid, the said Shaler Hillyer, his heirs or assigns, shall forfeit
and pay to the party aggrieved, one hundred dollars for every day such boats may be
detained by reason thereof, to be recovered before any court having competent juris-
diction thereof, to be applied as aforesaid.

nal aforesaid
in proper re»

)air.

496

NAVIGATION. 1815.

(No. 354.)
Powers of the
commission-
ers of Broad
river with re-
gard to the
dam aforesaid.

Penalty on
the said Hill-
yer, &.c. for
not obeying
the requisi-
tions of said
commission-
ers.

Sect. 9. And be it further entkted, That if the commissioners heretofore appointed
by an act, entitled An act to keep open the main channel of Broad river, from the con-
fluence of the same with Savannah river to the mouth of Hudson's river, in Franklin
county, passed on the 13th December, 1809, together with the commissioners herein
after to be named, or a majority of them, or a majority of any commissioners that may
at any time hereafter be appointed, shall, at any time hereafter, on reviewing the said
dam, be of opinion that the said dam obstructs the passage of fish, or that it is in any
way detrimental thereto, the said Shaler Hillyer, his heirs, executors, administrators or
assigns, or other person claiming under his or their authority, or other person having
charge of the said premises, on being notified by the said commissioners, or a majority
of them, shall immediately proceed to remove such part of said dam or other obstruc-
tion in the said shoal, as the commissioners aforesaid, or a majority of them, shall di-
rect ; and in case the said obstruction shall not be removed within five days after notice
being given as aforesaid, the said Shaler Hillyer, his heirs, executors, administrators or
assigns, or other person owning said premises, shall, for every twelve hours such ob-
struction now in the meaning of this act shall remain unremoved, forfeit and pay the
sum of fifty dollars, and in proportion to that sum for a longer or shorter time, to be
recovered before any court having competent jurisdiction thereof; one half thereof shall
be paid to the informer, the other half to be applied to the improvement of the naviga-
tion of the said river.

The removal
of obstructions
further pro-
vided for.

Sect. 10. And be it further enacted, That in case the said dam, or other obstruction
that may be placed in the said shoal, shall not be removed within the time prescribed by
this act, it shall and may be lawful for the commissioners aforesaid, or a majority of
them, and they are hereby required, to remove or cause the same to be removed, by
calling to their aid any number of citizens as they may deem necessary for the purpose
of removing the same ; and in case any citizen, as aforesaid, who shall be called on,
and who shall refuse to aid and assist in removing such dam or other obstruction^
shall, for every such neglect or refusal, forfeit and »ay the sum of ten dollars, to be
recovered before any court having competent jurisdiction thereof ; one half shall be ap-
plied to the improvement of the navigation of the said river, and the other half shall be
paid to the commissioners aforesaid.

Further pe- Sect. 11. And be it further enacted, That when any of the aforesaid obstructions

structing the shall have been removed, and the said shoal shall thereafter be obstructed by any dam
said*18 af°re" or dams, trap' or traps, or any other obstruction, other than such as shall at all times be
admitted of by the said commissioners, or a majority of them, the person or persons so
offending shall forfeit and pay the sum of fifty dollars for every twelve hours such ob-
struction shall remain unremoved, and in proportion to that sum for a longer or shorter
time, to be recovered before any court having competent jurisdiction thereof, one half to

NAVIGATION. 1815. 497

be paid to the informer, and the other half to be applied to the improving of the naviga-
tion of said river.

(No. 354.)

Sect. 12. And be it further enacted, That the commissioners which may at any time Who shall be

, , , i • i ii i j r commission-

.hereafter be appointed for the purposes contemplated by this act, shall be composed ot ers

persons residing above the aforesaid shoal, and a majority of the whole number shall

reside in the counties of Madison and Franklin ; and in case of the death, removal, Vacancies,

. . . , T r . ~ how filled,

refusal to serve of the whole, or any part of the said commissioners, the Interior Court

of the county where the same shall happen shall, on application of any one of said com-
missioners, proceed to appoint others in their place or stead, to act until the meeting of
the next General Assembly thereafter, and until successors shall have been appointed by
law.

Sect. 13. And be it further enacted, That one third of all other parts of said river, What portion

• of the river to

including the main current or channel thereof, from the confl uence of the same with the be kept open.

Savannah river, to the mouth of Hudson's river in Franklin county, shall be kept clear

of all kind of obstructions whatsoever ; and anv person who has heretofore obstructed Persons ob-

structing said
the said current or main channel as aforesaid, or any person who may claim the benefits river, how

derived from such obstruction, and who shall not remove the same before the first day Pumsie
of March next, shall, for every twelve hours the same may remain unremoved thereafter,
forfeit and pay the sum of fifty dollars, to be recovered before any court having com-
petent jurisdiction thereof, one half to the informer, and the other half to be applied to
the improvement of the navigation of said river ; and the said commissioners shall have General pow-

nower and authority to remove any and all such obstructions, as is pointed out by this missioners
" # . with regard to

act for removing obstructions in the aforesaid shoal. the removal of

obstructions
in said river.

Sect. 14. And be it further enacted, ^That in case any person or persons shall, after Further pe-

J ■,■■■:■■: nalties for ob-

the passage of this act, obstruct any part of the main current or channel, as aforesaid, structing said

' ' • n river.*

he, she or they shall forfeit and pay the sum of fifty dollars for every twelve hours the

same shall remain unremoved, to be recovered before any court having competent juris-
.' diction, one half to the informer, the other half to be applied to the improvement of the
navigation of said river; and the said commissioners, or a majority of them, shall pro-
ceed to cause the same to be removed in the same manner as pointed out by this act for
removing obstructions in said river.

* See act of 1819, No. 369, which extends the penalties of this section to persons who shall obstruct a part
of said river, called Middle river, running between Coleman's and Anthony's mills,

3 S

498 NAVIGATION. 1815.

(No. 354.) Sect. 15. And be it further enacted, That Philip Shackleford, John Wilhight, Isaac

Additional David, Andrew MeIver and Archelus Moore, of the county of Madison ; and Richard

commissioners

appointed. Bond, William Redwine and Joseph Bond, of the county of Franklin ; and Charles

Woodson Christian, of the county of Elbert, be, and they are hereby appointed commis-
sioners* of said river, in addition to the commissioners appointed by an act, entitled An
act to keep open the main channel of Broad river, from the confluence of the same with
the Savannah river to the mouth of Hudson's river, in Franklin county, passed on the
13th day of December, 1809.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.
Assented to, 8th December, 1815.

D. B. MITCHELL, Governor.

(No. 355.) AN ACT

To appropriate money for the improvement of the navigation of the Savannah

and Oconee rivers.

Preamble. WHEREAS, the improvement of the inland navigation of every country is of the

first importance to its inhabitants, in facilitating and extending commerce ; and whereas,
the clearing out and removing the obstructions in Savannah river, would greatly conduce,
to the convenience and interest of the inhabitants settled in the north and north-western
parts of this state : And whereas, the state of South Carolina did, many years past,
make an appropriation often thousand dollars for the purpose of improving the naviga-
tion of said river, whenever the state of Georgia should make a similar appropriation :

$>10,000 ap- Sect. 1 . BE it therefore enacted by the Senate and House of Representatives of the state

Improving the of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

navigation of That for ^ne purpose of improving the navigation of the river Savannah, and the head

ver and its
head waters.

* See act of 1816, No, 357, appointing other commissioners in lieu of the foregoing,

NAVIGATION. 1815. 499

waters of the said river, the sum of ten thousand dollars be, and the same is hereby (No. 355.)
appropriated.*

Sect. 2. And be it further enacted by the authority aforesaid, That Andrew Irwin, Commission-
Richard Gray, John Watkins, William Jones, and Dridzel Pace, senior, be, and ftiey tojofifthose
are hereby appointed commissioners, to join such commissioners who have been, or Joima C&~
may hereafter be appointed by the state of South Carolina ; which said commissioners,
or a majority of them, shall form a board, to be designated by the name and style of a Their style.
board of commissioners for improving the navigation 'of the said river.

Sect. 3. And be it further enacted by the authority aforesaid, That the said board of Said commis-

r , in! • r 1 • sioners may

commissioners, or a majority 01 them, shall, nave power to appoint one or their own appoint a trea-

body, as treasurer, who shall be authorized to draw, from time to time, on his excellency ^av draw°on

the Governor, and receive from him such part or portion of said appropriation as may *lle Governor

be deemed necessary by said board, or a majority of them ; and the said treasurer, be- Treasurer to

fore he shall* be authorized to draw on the Governor for any monies, shall give bond give k°nd and

J ° security.

and good security in the sum of twenty thousand dollars, payable to his excellency and
his successors in office, conditioned for the faithful application of the sum or sums of

money received for the purpose aforesaid ; and the said treasurer shall be, and he is His fees.
hereby authorized to charge and retain one per cent, on all sums paid to persons em-
ployed in clearing out and improving the navigation of said river.

Sect. 4. And be it further enacted by the authority aforesaid, That the Governor Governor to

shall be, and he is hereby authorized to fill all vacancies that may happen in said board m s&\& board,
of commissioners, by death, resignation or otherwise.

Sect. 5. And be it further enacted by the authority aforesaid, That the said commis- Commission-

sioners shall make fair, just and regular returns, semi-annually, to his excellency the semi-annual

Governor, of all disbursements, and the progress in the improvement of the navigation ^turns to ™e

of said river. a11 disburse-
ments, 8tc.

Sect. 6. And be it further enacted by the authority aforesaid, That the said commis- Authorized to

sioners, or a majority of them, shall have power to employ a general superintendant or neral superin
undertaker of said work, and agree with him on such terms as they may deem just and

* This appropriation is rendered conditional by the 7th section of the act. Another conditional appropria-
tion, for the same purpose, is made by an act ofl817, No. 362. But said appropriations are rendered uncon-
ditional by two acts of 1818, NOs. 363 and 366 ; the last of which divides said funds, removes the commissioners
named in the 2d section of the present act, appoints others, and prescribes their powers.

3 S 2

500

NAVIGATION. 1815.

(No. 355.) reasonable, and to require of him such security as may enforce a faithful discharge of
his duty.

Said appro- Sect. 7. And be it further enacted by the authority aforesaid, That no part of the said

priation, when

to be drawn, appropriation of the ten thousand dollars shall be drawn for, or received from the trea-

See first note surv until the commissioners are informed that the said appropriation of South Caro-
to this act. • ' * x r

lina is unrepealed. And the said commissioners are hereby authorized to open sub-
scriptions at such places as they may think proper, for individual donations.

The work on Sect. 8. And be it further enacted -by the authority aforesaid, That so soon as the said
said river to . . . r i • • ^ ■. .

be commenc- commissioners are ready to commence the improvement ot the navigation of the said
ed at Augusta. Y'lver^ tney shall commence at the city of Augusta, and proceed as high up said river
and the head waters thereof, as the funds will permit.

g 10,000 dol-
lars appropi'i-
ated for clear-
ing out the
Oconee river.

Commission-
ers appointed.

Their powers.

Sect. 9. And be it further enacted by the authority aforesaid, ^That the sum of ten
thousand dollars be, and is hereby appropriated for the purpose of clearing out the
Oconee river; and that Zachariah Lamar,, David Blackshear, Richard A. Blount, Jacob
Robinson and James Alston be, and they are hereby appointed commissioners for that
purpose ; a majority of them shall have full power and authority to pursue such measures,
uncler the direction of the Governor of this state, as he may deem most proper to ac-
complish the object of said appropriation.

Required to
make semi-
annual returns
of disburse-
ments, &c. to
the Governor.
May open sub-
scriptions for
donations.

Sect. 10. Be it further enacted by the authority aforesaid, That it shall be the duty of
the said commissioners to make a fair, just and regular return every six months, to his
excellency the Governor, of all disbursements made by the commissioners, and of the
progress made by them in clearing out the obstructions in the said river : And the said
commissioners are authorized to open subscriptions at such places as they may think
proper, for individual donations.

Repealing
clause.

Sect. 11. And be it further enacted by the authority aforesaid, That all laws or parts
of laws militating against this law be, and the same are hereby repealed.

Assented to, 16th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL^ Governor.

* See act of 1817, No. 362, appropriating monies for the improvement of internal navigation,

■

NAVIGATION. 1815. 501

AN ACT* (No. 356.)

To incorporate a Company for the improvement of the navigation of Broad river.

WHEREAS, to improve the navigation of a country has always been considered Preamble,
worthy of legislative attention: And whereas so desirable an object may be promoted
by incorporating companies :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That Nicholas M. Marks, Charles Mathews, Elisha Commission-
Brewer, Thomas M. Barnett, Shaler Hillyer, William Barnett, Benjamin Taliaferro, to raise by
Marshall Martin and James Oliver, be appointed commissioners for raising, by subscrip- ^o'ooo^for

tion, the sum of ten thousand dollars, divided into shares of ten dollars each, for the tne purpose

of improving1
purpose of opening the navigation of Broad river ;* and the said commissioners are here- the navigation

, , . , . i *■•" i t- •-' t ;i • r i • of Broad river.

by required to give ten days notice, at the most public places on said river, ot the time

and places for opening said subscription, which shall be kept open twenty days, and &c. of open-

i-i i mS books of

shall be free for all persons whatever, to subscribe as many shares as they may subscription,

think proper ; and should it so happen, that at the end of twenty days, there should be a regu a e r

greater number of shares taken up than are permitted by this act, the commissioners

shall immediately deduct from each subscription over five shares, such proportion as

will leave the stock ten thousand dollars.

Sect. 2. And be it further enacted by the authority aforesaid, That so soon as said Commission-
subscription shall be filled, or as soon as twenty-five hundred dollars are subscribed for, meeting of the
after the expiration of the said twenty days, it shall, be the duty of the commissioners subscribers.
to call a meeting of the subscribers, for the purpose of organizing said company, at
which meeting there shall be chosen by ballot, from among the subscribers, five direc- Five directors
tors, who shall, from among themselves, choose a president, and shall also have power cienttobe
to appoint such other officers as may appear necessary ; and in choosing directors, and cnosen-
on all other occasions, each person having one share shall have one vote ; if over one tioned,
share, and not over five, two votes ; if over five, and not over ten, three votes ; and for
every five shares over ten, one vote.'

* See act of 1817, No. 362, 3d section, by which Jg5000 are appropriated for improving the navigation of
Broad river, provided, that this company shall relinquish their toll on boats or produce carried up or down
said river; see also act of 1819, No. 369, to keep open a certain part of said river called Middle river.

502 Navigation, is 15.

(No. 356.) Sect. 3. And be it further enacted by the authority aforesaid, That so soon as the said

Incorporating directors shall have been elected, the said subscribers shall be, and they hereby are de-
clause.

clared to be, a body corporate, in name and deed, by the name and style of the Broad

Style and cor- river Navigation Company, and by the said name and style shall have perpetual suc-

porate powers -• .■..., .- ,

of the compa- cession of officers and members, and shall have power and authority to have, hold, enjoy

ny" and be invested with all manner pf property, both real and personal, and by the said

name and style shall have power of suing and being sued, impleading and being im-
pleaded, and using all legal steps for recovering or defending any property whatever,
which the said corporation may have, hold, claim or demand, and shall have power to
make, alter, repeal, change, and amend such bye-laws and regulations as may be agreed

Proviso. on by a majority of votes in said company: Provided, that such bye-laws and regula-

tions be not repugnant to the constitution and laws of this state or of the United States.

Said company Sect. 4. And be it further enacted by the authority aforesaid, That the said company
^emovefob- ° sna^ nav6 power, and they hereby are authorized to remove all obstructions in said
structions, river, to build dams, cut canals, open sluices, and to do and perform all and every act

build dams, . x J

cut canals, &c. which may appear necessary to promote the object of their association; and from and

Obstructing after the said company shall have been organized as aforesaid, it shall not be lawful for

t Cor&navf- any Person or persons to obstruct, or in any manner to impede the opening or clearing

gation of said out 0f saj(j river ; and if, by throwing or felling trees therein, or by any other means

river prohibit- J ° ° . '■■',■

ed. whatever, any person shall wilfully impair the said navigation as aforesaid, he, she or

they so offending, shall, upon conviction thereof, in any court having competent jurisdic-

Penalty for so tion, forfeit and pay for every such offence, a sum not exceeding twenty-five dollars, one

cioinfir.

„ . ' half to the use of the informer, the other half to the company : Provided, the building

of any dam as aforesaid, shall not be so constructed as to obstruct the free passage of fish,

A toll on said Sect. 5. And be it further enacted by the authority aforesaid, That so soon as the
ze(j said, river shall have been cleared and sufficiently opened by said company to admit the

passage of boats, from the foot of the shoals below Anthony's mills to the head of Wat-
kins's mill-race, the said company shall have full power to levy, receive and collect a
toll* on all articles carried up or down said river, so far as they have or shall clear and
Kates thereof, open the same, which shall not exceed twelve and a half cents for each and every hun-
dred pounds of tobacco, cotton, flour, iron, steel, and all heavy articles ; and for every
cubic foot contained in all bales, trunks and boxes of dry goods, not exceeding six an,d
one quarter cents ; and on every kind of lumber, not exceeding twenty-five cents for one
thousand feet ; and also, to levy a toll in proportion to that distance from any other

* See the first note to this act.

NAVIGATION. 1815. 503

place on said river, between the confluence of the same with Savannah, to the month of (No. 356.)
Hudson's river.

Sect. 7. And be it further enacted by the authority aforesaid, That the said company Said company
shall keep a regular and correct account of all the expenses incurred in the opening said reffUkr ac-
river, and the completing such works as shall be- thought necessary for carrying into count°faU

CALICHScoj etc**

effect the objects of their association, to which account shall be added fifteen per cent. ;

a schedule of said expenses, with the said addition of fifteen per cent., together with a A schedule

c t . thereof, with

complete description of the works, shall be deposited in the secretary of state's office, so a description

soon as the same can be completed ; and the legislature hereby reserves to the future performed, to
legislatures of this state, the power of annulling the charter now granted, by paying to be deposited

the present subscribers or their successors, the amount as stated in said schedule, with *y of state's

• • • • r office,

the addition aforesaid, and eight per cent, interest a vear, from the date of said schedule TT

7 ° r r Upon what

to the time of payment, which shall be exclusive of toll. - terms this

charter may
be repealed by a future legislature.

Sect. 8. And be it further enacted by the authority aforesaid, That the act to incor- Repealing
porate a company for the improvement of the navigation of Broad river, passed the ° aUse*
fifteenth day of December, 1810, be, and the same is hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 16th December, 1815.

D. B. MITCHELL, Governor,

504

NAVIGATION. 1816.

(No. 357.)

AN ACT

To alter and amend an act, entitled " An act to keep open the main channel of
Broad river" passed on the ]3th of December, 1809 ; also, "An act authorizing
Shater Hillyer to build a mill-dam across said river," passed Sth December,
1815, so far as respects the Commissioners therein named.

Preamble. WHEREAS,. it is found expedient to reduce the number of commissioners appointed

by the before recited acts, as it is found extremely difficult to convene a majority of so
large a number, by reason of which the objects contemplated by the said acts are not
carried into effect :

BE it therefore enacted by the Senate and House of Representatives of the state of Geor-

Commission- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That

crs £i"Dt)ointcd

inlieu of those Isaac David, John Wilhight, Andrew McCiver, Charles W. Christian, Nicholas M.

Senre0dteedin Marks, Richard Bond, William Redwine, Marshall Martin and Thomas Meriwether,

acts- be, and they are hereby appointed commissioners for the purposes contemplated by the

before recited acts, in lieu of the commissioners therein named; a majority of whom

shall have and exercise all the power and authority in every respect, as was given, or

contemplated to be given, to a majority of the commissioners appointed by the before

recited acts, any law to the contrary notwithstanding.

A majority
competent to
act.

Assented to, 12th December, 1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

NAVIGATION. 1816. 505

AN ACT (No. 358.)

To repeal Jin act to authorize John Martin Dasher to keep open and improve the
navigation of Ebenezer Mill Creek> and to erect mills thereon, and to prevent
persons from placing obstructions so as to impede the free use of navigation of
the same.

WHEREAS, by a memorial presented to this legislature from a number of the inha- Preamble,
bitants of Effingham county, land holders, and others, on the tbenezer Mill creek, that
the act to authorize John Martin'Dasher to erect mills on the said creek has had the
tendency to injure the navigation, and to lessen the value of the lands lying on the
waters of the above creek :

BE it enacted by the Senate and House of Representatives of the state of Georgia,
m General Assembly met, and it is hereby enacted by the authority of the same, That from Repealing

KPCtlOTl

and after the passage of this act, that an act passed on the 1st day of December, 1801,
to authorize John Martin Dasher to keep open and improve the navigation of Ebenezer
Mill creek, and to erect mills thereon, as also an act to amend an act to authorize John
Martin Dasher to "keep open and improve the navigation of Ebenezer Mill creek, and to
erect mills thereon, be, and the same is hereby repealed.

Sect. 2. And be it further enacted, That after the passage of this act, that in case any Penaltyforob-

person or persons shall obstruct, in any manner, any part of the main current or channel ^™^ channel

of the Ebenezer Mill creek, from its confluence with Abercorn creek to its source, in of Ebenezer

7 Mill creek.

Savannah river, he, she or they shall forfeit and pay the sum of thirty dollars for every
twelve hours the same shall remain unremoved, to be recovered before any court having
jurisdiction thereof, one half to the informer, the other half to be applied to the improve-
ment of the navigation of the said creek ; and the commissioners, or a majority of them
hereafter to be appointed by this act, shall proceed to remove such obstructions in such
manner as they may think proper.

Sect. 3. And be it further enacted by the authority aforesaid, That any person or Persons who
persons who has heretofore obstructed the main channel or current of the aforesaid creek, fore obstruct-
or any person who may claim the benefits derived from such obstruction, who shall not e, ?l'fn

remove the same before the first day of February next, shall, for every twelve hours the who slia11 not

J . ■•' . remove said

same may remain unmoved thereafter, shall forfeit and pay the sum of fifty dollars, to obstructions

before the 1st
be recovered before any court having competent jurisdiction, one half to the informer, ^ay 0f Febru-

the other half to be applied to the improvement of the navigation of the said creek ; and p^"^^ 10W

3 T

506

NAVIGATION. 1816.

(No. 558.) the commissioners herein after to be appointed shall have power to remove such obstruc-
tions in such manner as they may think proper.

Commission- Sect. 4. And be it further enacted by the authority aforesaid, That David Gugel,

ers of Ebene-

zer Mill creek John Waldharmson, Geo. Powlidge, Joel Keiffer and William Guyer be, and they are

appoin e . hereby appointed commissioners of the Ebenezer Mill creek, a majority of whom shall
have full power and authority to carry into effect the intentions and meaning of this act*

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate,

Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

(No. 359.)

AN ACT

To amend an act, entitled "Jin act to keep open, remove and prevent obstructions
in Savannah river, calculated to impede the free passage of fish, and for other
purposes," passed the 10th day of December, 1812.

Commission-
ers appointed
to examine
Savannah ri-
ver, from Au-
gusta to the ,
Indian line,
and to cause
obstructions
calculated to
impede the
free passage
offish, to be
removed.

BE it enacted by- the Senate and House of Representatives of the state of Georgia^
in General Assembly met, and it is hereby enacted by the authority of the same, That
Richard Gray, Joseph Chandler, Devereux Jarratt, William Cawthorn and Joseph Wal-
ters, are hereby appointed commissioners in the county of Franklin ; that James Hatcher,
John Moore and Enos Tait, junior, be, and they are hereby appointed commissioners
for the county of Elbert ; that William Smith, Shepherd Gross and Mark Anthony be,
and they are hereby appointed commissioners for the county "of Lincoln; that John
Gray, Thomas M. White, John Beall, senr. Jeremiah Darby and Humphrey Evans be,
and they are hereby appointed commissioners for the county of Columbia; and that
George Pearson and James Primrose be, and they are hereby appointed commissioners
for the county of Richmond ; and that all of said commissioners, or any one or more of
them, shall have full power and authority to proceed to examine and review said river,
or any part thereof, from the city of Augusta to the Indian boundary line, and determine
whether more than two-thirds of said river, including the main current or channel there-
of, is not obstructed by fish traps or dams attached thereto, or other obstructions placed
in said river> calculated to impede the free passage of fish ; and in case the said main

NAVIGATION. 1816. - 507

channel or sluice, including two-thirds of said river, shall be so obstructed, it shall be the (No. 359.)
duty of such commissioner or commissioners to remove, or cause to be removed, said
obstructions, at the cost and damages of the party or parties so offending ; to be re-
covered before any court having competent jurisdiction thereof, to be applied to the use
of said commissioner or commissioners.

Sect. 2. And be it further enacted, That if any person or persons shall place or Penalty for

• • 1 1 • i i- 1 • 1 r 1 c i placing such

cause to be placed into said main channel or sluice, including one-third 01 the Savannah obstructions

or the Tugalo rivers, any obstructions calculated to impede the free passage of fish, \v Thgafori.
after the 15th day of February next, and before which time some one or more of the vers*
said commissioners shall make known to some one or more justices of the peace of the
district adjoining such shoal or shoals, the main sluice thereof, he, she or they shall
pay, upon conviction before any justice Or justices of the peace, for the district opposite
to, and adjoining the river where such offence may be committed, the sum of thirty dol-
lars for every twenty-four" hours that said obstructions may remain in said sluice or
channel, to be recovered in the usual manner of justices' proceedings on sums under

thirty dollars ; one half to be paid to the informer or informers, and the other half to Appropriation
. . . . , V 1 • i i • 1 i -i of the penalty,

such commissioner as is now, or may hereafter be appointed, that is to say, to be- paid

*o the commissioners of the county where such offence or offences may be committed,
to be applied to their own proper use, for their services of laying out said main chan-
nel or sluice of said "Savannah and Tugalo rivers,

Sect. 3. And be it further enacted, That when any vacancy or vacancies may happen Vacancies of
... 1 r i r r ' 1 commission-

by death, resignation, or removal out 01 the county, 01 any one or more 01 said com- ers,howfilied.

missioners, the justices of the Inferior Courts of the county where such vacancy shall

happen, shall fill all such vacancies.

Sect. 4. And be it further enacted., That all laws and parts of laws that militate Repealing
against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

-Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor,

3 T 2

508

NAVIGATION. 1816.

(No. 360.)

AN ACT*

To appoint Commissioners for the improving the navigation of the Ocmulgee

river, and for other purposes.

Preamble. WHEREAS, the improvement of the inland navigation of every country is of pri-

mary importance to its inhabitants, and as few countries enjoy greater natural advan-
tages than this state, for the extension of commerce ; and it being conceived that the
clearing out and removing obstructions from the mouth of the river Ocmulgee to Fort
Hawkins on said river, would greatly conduce to the interest and convenience of the
inhabitants settled to the south and south-western parts of this state:

A company,
styled " Com-
missioners to
improve the
navigation of
the Ocmulgee
River," incor-
porated.
Their corpo-
rate powers
defined.

BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met., and it is hereby enacted'by the authority of the same,
That a company shall be established by the name and style of " Commissioners to im-
prove the navigation of the Ocmulgee river," and they and their successors shall be,
and they are hereby created and made a body politic and corporate, and by that name
and style are hereby made able and capable in law to have, purchase, receive, possess,
enjoy and retain .to them and their successors, lands, rents, tenements, goods, chattels
and effects of what kind, nature or quality soever, and the same to sell, alien, demise or
dispose of ; to sue and be sued, plead and be impleaded, answer and be answered in
courts of record or other places ; 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 bye-laws, ordinances and regulations, as shall seem necessary for
the improvement of the navigation of said river, by locks, dams, canals, or otherwise,
as they, or a majority of them, hereafter appointed, or their successors, may deem ne-
cessary to carry that object into effect: Provided, such bye-laws, rules, regulations and
ordinances are not repugnant to the constitution or the constitutional laws of this state.

Said commis- Sect. 2. And be it further enacted, /That John Wilcox, James M. Taylor, William
nated. H. Gross, Lewis Calfrey and Philip Cook be, and they are hereby appointed commis-

sioners for the purpose aforesaid ; and are hereby constituted a body politic, with a
corporate capacity, for the express purpose of carrying the provisions of this act into
May regulate complete effect, and that they, or a majority of them, shall convene at such time and
jaeetinffs. place as they may think proper for that purpose, and to meet upon their own adjourn-

ment.

See act of 1817, No. 362, which appropriates $10,000 for improving the navigation of this river,

. J ..■ ■

NAVIGATION. 1816. 5Qg

Sect. 3. And be it further enacted, That the said commissioners and their successors, (No. 360.)

or a majority of them, are hereby authorized to receive any gift, donation or gratuity Ma^ receive

r i r -,,,.. any gift, dona-

or, and trom any person or persons, company or companies, body politic, corporate, or tion,&c.

any appropriation that may be made by the state, to be appropriated to the clearing out

and improving the navigation of the said river Ocmulgee. "

Sect. 4. And be it further enacted, That the said commissioners, or a majority of The opening
them, as soon as it may be convenient, shall proceed to give thirty days notice in the subscri^ s
Georgia Journal, of the time and place, when and where books of subscription will be regulated.
opened, for the reception of such subscriptions as may be made to the" said commission-
ers for the aforesaid purposes.

• Sect. 5. And be it further enacted, That the said commissioners for the time being,
shall have power and authority to appoint such officers and servants under them, as shall Appointment
be necessary for the executing the business of the said corporation, and to allow them ofofficers-
such compensation for their services respectively as shall be reasonable ; and shall be General pow-
capable of exercising such other power and authority for the well governing and order- er'
ing the affairs of the said corporation, as shall be described, fixed and determined by the
laws, regulations and ordinances of the same, and shall have power to fill all vacancies Vacancies,
that may happen in their own body. *

BENJAMIN WHITAKER,

Speaker of the House of Representatives*

WILLIAM RABUN,

• President of the Senate,
Assented to, 19th December, 1816.

t>. B. MITCHELL, Governor,

510

NAVIGATION. 1817.

(No. 361.)

Preamble .

Members of
the Steam
Boat Compa-
ny nominated
and incorpo-
rated.

Their style
and corporate
powers.

AN ACT
For the incorporation of the Steam Boat Company of Georgia.

WHEREAS, by an act of the General Assembly of this state, passed on the 18th
day of November, 1814, certain privileges were granted to Samuel Howard of Savan-
nah, and his associates : And whereas sundry persons have become the associates thus
contemplated : to give complete effect to said act, and for other purposes,

BE it enacted by the General Assembly of the state of Georgia, and it is hereby
enacted by the authority of the same, That the following persons, viz. Albert Brux,
William humming, John MeKinne, Samuel Hale, Andrew Erwin, Henry Shultz, Ben-
jamin Sims, Sheldon C. Dunning, William Scarborough, Jonathan Meigs, John Gur-
nin, Samuel Howard, Robert Isaac, Abraham Twiggs, Augustin Slaughter, Oliver
Sturgess, William Hart, William Taylor, Charles Labuzan, Benjamin Burroughs, Wil-
liam Sims, Samuel P. P. Fay, Jared Groce, Elias Reid, Samuel Lark,, Charles How-
ard, Basil Lamar, Barna McKinne, Joseph Grant, James Erwin, James G. O. Wilkin-
son, Thomas Tallmage, Walter Crenshaw, Augustus Brux and David McKinney, and
their successors and assigns, be, and they are hereby created and made a corporation
and body politic, by the name and style of " The President, Directors and Company of
the Steam Boat Company of Georgia ;" and by that name and style shall be, and are
hereby made able and capable in law to have, purchase, receive, possess, enjoy and re-
tain to them and their successors, lands, rents, tenements, hereditaments, goods, chat-
tels and effects of what kind, nature or quality soever, to an amount not exceeding the
capital of said corporation at the time of holding such property, and the same to sell,
grant, demise, alien or dispose of; to sue and be sued, plead and be impleaded, answer
and be answered unto, defend and be defended in courts of record, or any place what-
soever ; 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
bye-laws, ordinances and regulations as shall seem necessary and convenient for the
government of said corporation : Provided nevertheless, that such bye-laws, rules and
regulations be not contrary to the constitution and laws of the state, or of the United
States ; and generally to do and execute all and singular such acts, matters and things,
as to them may or shall appertain to do ; subject, nevertheless^ to the rules arid limita-
tions herein after prescribed.

Capital stock. Sect. 2. And be it further enacted by the authority aforesaid, That the capital stock
of the above mentioned corporation shall be two hundred thousand dollars, but may be

NAVIGATION. 1817. 511

increased to any sum not exceeding eight hundred thousand dollars, whenever it is (No. 361.)

deemed expedient by a majority of the stockholders, holding two-thirds of the existing

stock.

Sect. 3. And be it further enacted by the authority aforesaid, That to manage the Thirteen di-
u ~ ' , V : . ' . rectors to be

affairs of said corporation, the stockholders shall annually, by a majority of votes, elect elected annu-

thirteen directors, who shall choose a president from their own body. All voting by

the stockholders shall be according to the following scale, viz ; one share shall give one Votes appor-

" tioned.

vote; any number of shares, from two to five inclusive, shall give two votes; and every

five shares above five, shall give one vote ; but no share or shares shall confer the right

of a vote or votes, unless transferred to the holder on the books of the corporation, at

least three months previously to the time of voting.

Sect. 4. And be it further enacted by the authority aforesaid, That the above men- Said company

tioned corporation shall possess, for twenty years next following the date of this act, the the exclusive

exclusive' privilege of navigating the rivers and other waters of this state, with boats or navT^atingthe

vessels propelled by steam, whether employed alone, or for the purpose of warping, tow- wa^ers °f tms

ing, or in any manner impelling other boats and vessels, rafts, floats or arks. And if steamboats

. 0j» vessels for

any person or persons, other than said corporation, shall, during said term of twenty twenty years.

years, navigate or cause to be navigated, any river or water of this state with a boat ktiWsaid0"
or boats, vessel or vessels propelled by steam, either employed alone, or for the purpose privilege, h-
of towing, warping, or in any manner impelling other boat or boats,, vessel or vessels, tain penalties,
raft or rafts, float or floats, ark or arks, such person or persons so offending, shall for-
feit every boat or vessel thus employed, steam boat or other, together with the machi-
nery thereof, and shall also forfeit and pay for every such offence the sum of one thou-
sand dollars ; and said double forfeiture shall be recovered by the process of law in
such cases, in any court having competent jurisdiction ; and when recovered, shall go in
equal portions to the state and to the prosecutor.

Sect. 5. And be it further enacted by the authority aforesaid, That said corpora- what shall oc
tion shall forfeit its right to the exclusive navigation above mentioned, of each and feiture of said

everv river in which it shall not have at least one steam boat in operation within seven "^ on any

J ■ ■ r river,

years from the date of this act ; and provided also, that even after the expiration of said
seven years, said corporation shall forfeit its exclusive right above mentioned, to the
navigation of each and every river, on which, for twelve months together, it shall em-
ploy no steam boat.

Sect. 6. And be it further enacted by the authority aforesaid, That the said cor- Said compa-
poration shall be liable for all losses caused by fire and steam, if occasioned by their abie for losses,

512

NAVIGATION. 1817.

(No. 361.) own negligence or that of their agents or servants, but not otherwise : Provided, that the
law governing carriers, now in force, shall be in no wise innovated by this section.

Sect. 7. And be it further enacted by the authority aforesaid, That the said cor-
poration shall be authorized to insure all property shipped in. their boats against risks
for which they are not legally liable ; and shall also be authorized to enjoy the ex-
clusive use of its own wharf or wharves ; but it shall not hold any other than may be
necessary for the convenient transaction of its own business.

Sect. 8. And be it further enacted by the authority aforesaid, That this- act shall con-
tinue in force for twenty years from its date ; but nothing herein contained shall divest
said corporation of any benefit which might be enjoyed by the said Samuel Howard,
under the act, entitled, "An act to encourage an improved mode of transporting
merchandize upon the waters of the state of Georgia," passed on the 18th day of No-
vember, 1814;— on the contrary, the said corporation shall enjoy all rights, privileges
in the pream- and exemptions, granted to said Samuel Howard, by said act, in as full and complete
a manner as if the same were granted directly to said corporation, with power and ca-
pacity of suing and being sued under the said act in any court of law or equity : Pro-
Proviso, vided nevertheless, that nothing herein contained shall be so construed as to authorize
the aforesaid company to issue any bills, commonly called bank bills or bills of credit.

May insure
property
shipped in ■
their boats
against risks
for which
they are not
legally liable.
May have ex-
clusive wharfs.

Duration of
this act.

Said company
to enjoy all
the rights, &c.
which were
granted to
Samuel How-
ard, by the
act mentioned

Assented to, 19th December, 181 7.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor,

NAVIGATION. 1817. SIS

AN ACT (No. 362.)

To appropriate money for the improvement of the Internal Navigation of the state

of Georgia.

WHEREAS, it is the duty of the legislature, acting on the behalf, and with the re- Preamble
sources, of the people of this state, to devise and execute schemes of internal improve-
ment for their "welfare : And whereas, this state is penetrated by several copious and
extensive rivers, the improvement of whose navigation would greatly benefit the people,
and heighten the prosperity of this state :

BE it therefore enacted by the Senate and House of Representatives of the state of Geor- Appropria-

. tions for im-

gia, in General Assembly met, and it is hereby enacted by the authority of the same, That proving the

the following sums shall be, and they are hereby appropriated, for the improvement of the "hisftate"
navigation of the several water-courses herein after named, viz : The sum of ten thou- gio,000 for
sand dollars* for the improvement of the navigation of the Ocmulgee j* the sum of ten T^eT cmu ^ee
thousand dollars for the improvement of the navigation of the Oconee ; the sum of five glO,000 for
thousand dollars for the improvement of the navigation of the Altamaha ; and that river.
Littleton Wyche, John P. Blackman, Jacob Wood, John Burnett and Scott Cray, $5000 for the
esquires, be, and they are hereby appointed commissioners on the river Altamaha. The Commission-
sum of three thousand dollars for the improvement of the navigation of the Ogechee, ^ Akamaha

below the mouth of ; the sum of three thousand dollars for the improvement of aPPomted.

the navigation of Bryer creek ;f the sum of twenty^: thousand dollars for improving the ogechee.

navigation of Savannah and Tugalo rivers : Provided, the state of South Carolina have $3000 for

Bryer creek*
appropriated, or shall appropriate the same amount, from Augusta to the mouth of «*2o 000 for

Panther creek, on said Tugalo river. Savannah and

Tugalo rivers.

Proviso.
Sect. 2. And be it further enacted, That James R. Wiley and Joseph Chandler be, Commission-
and they are hereby appointed commissioners for the river Tugalo ; and that James R. appohited^ °
Wiley be added to the board of commissioners appointed by an act, entitled " An act An additional
to appropriate money for the improvement of the navigation of the Savannah and Oco- appointed for

nee rivers," passed the 8th day of December, 1815 ; and the further sum of five thou- Savannah>&c-
■ .. . . . - $5000 appro-

sand dollars, to be applied to the improvement of said river from Augusta to Savannah, priated for

Savannah ri-

* See act of 1816, No. 360, appointing commissioners for said river.

f See act of 1818, No. 564, making an appropriation and appointing commissioners for said creek.

* See acts of 1818, numbers 363 and 366, which render this appropriation unconditional and independent,
he. &c.

3 U

514

NAVIGATION. 1817.

(No. 362.)

$5000 for
Broad river.
Commission-
ers for said
river appoint-
ed.
Proviso.

§5000 for im-
proving the
navigation of
the Oconee
from the
mouth of Fish-
ing creek to
the highest
point of navi-
gation.
Proviso.
Commission-
ers of said ri-
ver appointed.
Said sums,
how drawn
and applied.

Sect. 3. And be it further enacted, That the sum of five thousand dollars be appro-
priated for Broad river, from the mouth of said river up, as far as this appropriation
will enable the commissioners to proceed ; and that Allen Daniel, Charles W. Chris-
tian, Thomas Meriwether, Benjamin Taliafero, Benton Walton and Thomas Barnett be,
and they are hereby appointed commissioners' of said river : Provided, that his excel-
lency the Governor shall not draw a warrant for said amount, until he has received a
relinquishment from the incorporation of said river, to any toll or tax on boats or pro-
duce which may pass up or down said river ; and that the sum of five thousand dollars
be appropriated for the improvement of the navigation of the Oconeeriver, from the
mouth of Fishing creek up to the highest point of navigation :* Provided, the Oconee
Navigation Company do relinquish their charter, with the nett proceeds of the lottery ;
upon the relinquishment of which, his excellency the Governor is authorized to draw a
warrant on the treasury for said amount, and that Thomas Reid, Joseph Cooper, Nicho-
las Lewis, Mathews Wells and Thomas W. Baxter be, and they are hereby appointed,
commissioners of said river ; which said several sums shall be drawn from the treasury
by the commissioners appointed, or which may hereafter be appointed, for each river,
and by them applied in such manner as they may deem most expedient, for the purpose
of carrying this law into effect ; and that they be bound to make annual reports to the
legislature of this state.

$250,000 set
apart as a per-
manent fund
for the im-
provement of
internal navi-
gation ;

To be vested
in stock.

Proviso.

Sect. 4. And be it further enacted, That the sum of two hundred and fifty thousand
dollars shall be, and the same is hereby set apart and appropriated as a permanent fund
for the improvement of the internal navigation of this state, and shall, by the Governor,
be vested, as soon as practicable, in bank, or other profitable stock :f Provided, that
nothing herein contained shall be so construed as to prevent any future legislature from
repealing this act, or any part of it, and making any disposition of the fund set apart
by this law, which they may deem expedient.

Interest of
said stock,
how applied.

Sect. 5. And be it further enacted, That the interest or dividends of the. above men-
tioned permanent fund, and no other part thereof, shall be annually applied to the im-
provement of the internal' navigation of the state, in such manner as the legislature
may by law hereafter direct.

Governor au-
thorized to ap-
point some
person to ex-
amine the ri-
vers herein
mentioned,
between cer-
tain points,
who shall re-
port to the

Sect. 6. And be it further enacted, That his excellency the Governor be, and he is
hereby authorized and requested, to appoint some person of known talents and practi-

* See act of 1818, No. 365, to render navigable that part of the Oconee river, between the mouth of Fish-
ing creek, in Baldwin county, and Hudson's ford in Clark county.

f See act of 1819, No. 57, which authorizes the investment of a part of said fund in Darien bank stock,

NAVIGATION. 1817. 5^

cal knowledge, to examine Savannah river from the city of Savannah to Augusta, from (No. 362.)

Augusta to Petersburg, and from Petersburg to the head of boatable water on the Tu- Governor the

practicability
galo ; the Altamaha, from its mouth to the junction of the Oconee and Ocmulgee ; the of improving

OcOnee, from said point to Milledgeville, and from the last place to the head of thereof &c,
boatable water on said river ; and the Ocmulgee, from its junction with the Oconee to &c'
the head of boatable water, and also the other rivers herein mentioned ; and that the
said person report as speedily as possible to his excellency the Governor, the practica-
bility of improving; the navigation of said rivers between the said several places, the
expense thereof, and the best mode by which the object can be effected j and that he pay
the expense attending the same, out of the contingent fund.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

AN ACT# (No. 363.)

To repeal so much of the first section of an act, entitled An act, passed the 19th
December, 1817, entitled "Jin act to appropriate money for the improvement of
the internal navigation of the state of Georgia," as makes the appropriation of t
money for the improvement of the navigation of Savannah and Tugalo rivers,
from Augusta to the mouth of Panther creek, conditional ; and to make said
appropriation independent.

BE it enacted by the Senate and" House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That Repealing
so much of an act passed the 19th December, 1817, entitled An act to appropriate money clause-
for" the improvement of the internal navigation of the state of Georgia, as makes the
appropriation of the sum of twenty thousand dollars for the improvement of the navi-

See act of 1818, No. 366

3U2

516

NAVIGATION. 1818.

(No. 363.) gation of the Savannah and Tugalo rivers, from the city of Augusta to the mouth of
Panther creek, on said Tugalo river, dependent on a similar and equal appropriation to
be made by the state of South Carolina, for the same purpose, be, and the same is hereby
repealed.

The appropri-
ation in the
recited act
made uncon-
ditional, &c.

Sect. 2. And be it further enacted, That the aforesaid appropriation of twenty thou-
sand dollars, made for the improvement of the navigation of the Savannah and Tugalo
rivers, from the city of Augusta to the mouth of Panther creek, oij said Tugalo river,
be, and the same is hereby confirmed and made unconditional and independent, subject
to the same order, rules and restrictions that appropriations for the improvement of the
navigation of the several other streams in this state are, by the before recited act, made
subject, any thing in said act contained to the contrary notwithstanding.

Assented to, 18th December, 1818.

.BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

(No. 364.)

AN ACT

To appropriate money for the improvement of the navigation of Bryer creek, and

to appoint commissioners for the same.

Preamble. WHEREAS, the improvement of the inland navigation of every country is of the

first importance to its inhabitants in facilitating and extending commerce ; and whereas,
it has been represented to this bod^ that Bryer creek is a stream susceptible of great
improvement, at a small expense, when compared to the inconceivable advantage of a
great many of the citizens of this state, residing on and in the vicinity of said creek ;

BE it therefore enacted by the Senate and House of Representatives of the state of
d iatedfo^"0" Georgia,- in General Assembly met, and it is hereby enacted by the authority of the same,

proving the That for the purpose of improving of the navigation of said stream, the sum of five
navigation of r v . .

Bryer creek, thousand dollars be, and the same is hereby appropriated.

NAVIGATION. 1818. 517

Sect. 2. And be it further enacted by the authority aforesaid, That John Whitehead, (No. 364.)
senr., Alexander Carter, Samuel Sturges, Peter Lequieux and Floyd Crockett be, and ^mndsdon^
they are hereby appointed commissioners, which said commissioners, or a majority of
them, shall form a board, to be designated by the name and style of a board of commis-
sioners for improving the navigation of said creek.

Sect 3 And be it further enacted by the authority aforesaid, That the said board of May appoint a
J . r . , . treasurer out

commissioners, or a majority of them, shall have power to appoint one of their own of their own

body as treasurer, who shall be authorized to draw from time to time on his excellency. may ^raw on

the Governor, and receive from him such part or portion of said appropriation as may be £ri^7y?and

deemed necessary by said board, or a majority of them ; and the said treasurer, before who shall give

J • * . . ■ - . , bond and se-

he* shall be authorized to draw on the Governor for any monies, shall give bond and curity.

good security, in the sum of ten thousand dollars, payable to his excellency and his

successors in office, conditioned for the faithful application of the sum or sums of money

received for the purpose aforesaid.

Sect. 4. And be it further enacted by the authority aforesaid, That the Governor Vacancies in

... r" 1t . , , ill said board to

j. shall be, and he is hereby authorized to fill all vacancies that may happen by death, De filled by

>. ^•••ii_ir •• the Governor.

resignation or otherwise, m said board ot commissioners.

Sect. 5. And be it further enacted, That the said commissioners, or a majority of Said commis-

, , !•! TTr-iii sioners to em-

them, have power to employ a general supermtendant or undertaker ot said works, and pioy a super-
agree with him. on such terms as they mayxleem just and reasonable, and to require of intendant-
him such security as may enforce a faithful discharge of his duty.

Sect. 6. And be it further enacted, That the aforesaid commissioners, or a majority of Authorized to

them be, and they are hereby authorized to dispose of all monies herein appropriated, monies herein

together with all sums which may be raised by individual subscriptions, in such way and appropriated,

manner as to them may appear best calculated to promote the above contemplated work ; purpose afore-

and that the said commissioners shall make fair, just and regular returns, semi-annually, g, ,, ,

to his excellency the Governor, of all disbursements, and the progress in the improve- semi-annual

ment of the navigation of said creek. Governor of

all disburse-
* ments, &c.

Sect. 7. And be it further enacted by the authority aforesaid, That all laws and parts Repealing
of laws militating against this law be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

- MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor,

518

NAVIGATION. 1818.

(No. 365.)

AN ACT*

To render navigable that part of the Oconee river, situated between the mouth of
Fishing creek, in Baldwin county, and Hudson's Ford, at or near Barnett's
Shoals, in the county of Clark,

Thomas S.
Iieid and Tho-
mas Terrell
authorized to
open the Oco-
nee river,
from the
mouth of
Fishing1 creek
to Carter's
mills.

The commis-
sioners (nam-
ed in this act)
shall deter-
mine when
said work is
duly execut-
ed, and shall
report there-
on to the
Governor.
Compensation
for improving

• BE it enacted by the Senate and House of Representatives of' the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
Thomas S. Reid and Thomas Terrell be, and they are hereby authorized, to com-
mence the improvement of the navigation of the Oconee river, from the mouth of Fish-
ing creek, just below Milledgeville, and progress with the improvement of the naviga-
tion of said river, to Carter's mills on said river ; and whenever the commissioners on
the part of the state hereafter named shall decide, that said first division of said river
shall be in a complete navigable condition for boats, and shall be cleared out and im-
proved in the manner appointed by this act, then, and in that case, the said commis-
sioners shall be authorized to certify and report the same to his excellency the * Go-
vernor ; and on the report of said commissioners, the Governor is authorized to issue
his warrant on the treasurer for the sum of six thousand dollars, as a compensation for
the improvement of the navigation of said river to that place.

said first division of the river.

Said river di-
vided into 14
divisions.

The 2ddivi-
sion.

Third divi-
sion.

Fourth.

Fifth.
Sixth.

Seventh.

Eighth.

Ninth.

Tenth.

Eleventh.

Twelfth.

Sect.. 2. And be it further enacted, That the navigation of said river shall be divided
into fourteen divisions, including the division herein before described, and that the se-
cond division shall be understood to be embraced between said . Carter's mills, and the
lower end of the shoals on said river, which are called the Cedar Shoals ; the third di-
vision to be embraced and comprised between said last mentioned shoals to the mouth
of Little river ; the fourth division, between the mouth of Little river and Marshall's
mills, on said Oconee river ; the fifth division,, between Marshall's mills and Graybill's
mills ; the sixth division, between the last mentioned mills and Cooper's mills ; the se-
venth division, between the last mentioned mills to the lower point of the island at the
Yazoo fishery ; the eighth, between the said fishery and the lower end of Parker's
shoals ; the ninth, between the last mentioned shoals and the lower end of the Long
shoals ; the tenth, between the last mentioned shoals to Hill's shoals ; the eleventh, be-
tween said last mentioned shoals and Reid's mills ; the twelfth, between said last men-

* See act t)f 1819, No. 370, amendatory of this act.

NAVIGATION. 1818. 5^9

tioned mills and the mouth of the Apalachee river ; the thirteenth, between the mouth (No. 365.)

of the said Apalachee river and Ligon's mills; and the fourteenth and last division, Thlrteenth.
1 . Fourteenth,

between said Ligon's mills to Hudson's ford, on the said Oconee river, m the county

of Clark.

Sect. 3. And be it further enacted, That whenever the said undertakers shall com- When the

• v • • 1 -i i r 1 •■••''• said Reid and

plete the navigation of said river, in the way and manner pointed out hereafter, divi- Terrell shall

sion by division, in the order prescribed in the, second section of this act, and shall, edTai^divi-6

after the inspection of the same, bv the commissioners hereafter named on behalf of the S1°*1S m tJhe
1 ' J order and

state, obtain a certificate or report, specifying that said division or divisions have been manner re-

- . ' . . quired by this

completed in the order aforesaid, and in manner hereafter pointed out, then, and in that act, and shall

case, the Governor shall be, and he is hereby authorized to grant to said Thomas S. a certificate

Reid and Thomas Terrell, their heirs, executors, &c. his warrant on the treasurer for from the com-

77 missioners to

the amount or amounts herein after specified, for each and every division of said river that effect, the

. . . . Governor

thus completed and rendered navigable, in compliance with such division in the order shall draw his

, r . c . warrants in

before specified. - theh. faV0Ur,

for each division, &c,

Sect. 4. And be it further enacted, That the said Thomas S. Reid and Thomas

Terrell shall be, and they are hereby allowed the several sums hereafter named, for the compensation

completion of the navigation of each division of said river in the order aforesaid, and °£ e©6oO0

on the terms aforesaid, to wit : for the second division the sum of six thousand dollars ; For the 3d &

' * ... . 4th, $6000

the third division, the sum of six thousand dollars ; the fourth division, the sum of six each.

thousand dollars ; the fifth division, the sum of two thousand dollars ; the .sixth divi- 529000

sion, the sum of five thousand dollars ;• the seventh division, the sum of four thousand For the 6th,

. : . .' . g5000

dollars ; the eighth division, the sum of seven thousand dollars ; the ninth division, the For tjie 7tl)

sum of two thousand five hundred dollars ; the tenth division, the sum of three thou- §4000

'. For the 8th,

sand five hundred dollars'; the eleventh division, the sum of three thousand dollars ; §7000

the twelfth division, the sum of two thousand dollars ; the thirteenth division, the sum ,Q j g-o^nn

of four thousand dollars '; and the fourteenth division, the sum of three thousand dol- 11th, §3000

lars 12th, §2000,

c 13th, §4000

14th, §3000

Sect. 5. And be it further enacted, That it shall be the duty of the said Thomas S. Duty of said

Reid and Thomas Terrell, their heirs, executors, &c. before they shall receive the com- with regard to

pensation heretofore pointed out for the improvement of the navigation of the said river, by cle!*nng out

the divisions heretofore pointed out in the order prescribed, commencing With said first

division, to render the said navigation complete, by clearing out said river, removing all

obstructions, either of wood, rocks, or other impediments to navigation, for the width of

fourteen feet, in the main sluice of said Oconee river, and at least twenty-one inches in

depth at common low water mark, from the commencement of said first division to the

520

NAVIGATION. 1818.

(No. 365.) completion of the same in the order aforesaid, whether the said obstructions in said river
be natural or artificial ; and wherever falls or shoals shall occur in said river, so as to
make it necessary to erect locks, it shall be the duty of the said Thomas S. Reid and
Thomas Terrell, their heirs, executors, &c. to establish the same, so as to render navi-
gation with boats practicable at common low water mark.

Owners of
mills required
to erect locks
at the same.

Sect. 6. And be it further enacted, That it shall be the duty of the present owners
of the mills aforesaid, on said Oconee river, and all those who may be the future owners
of the same, or who may hereafter erect mills on said river, to cause good and substantial
locks to be erected at their said mills, so as to make the same permanent, and to allowr
of safe and easy navigation around their said mill-dams, which said locks shall be, by
the owners of said mills, established and erected at and by the time the commissioners
hereafter named shall certify that the navigation of said river is complete, according to
the contract of the undertakers, to their said mill or mills ; and in case, of the failure of
the owner of said mill or mills, to erect and establish locks as before pointed out, the
said undertakers shall have the power to pull down and destroy said mill-dam or dams,
so as to make the said river passable and navigable for boats, in the manner pointed out
by this act.

Commission-
ers on the
part of the
state.

Sect. 7. And be it further enacted, That Joseph Cooper, John Howard, Farish
Carter, William Hill and John H. Lowe be, and they are hereby appointed commis-
sioners, for and in behalf of the state, for the purposes specified in the before recited
sections.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate. ,

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

«>

NAVIGATION. 1818. 521

AN ACT (No. 366.)

To divide the funds set apart by the several laws of this state, appropriating
money for the improvement of^ the navigation of Savannah river, from the City
of Augusta to its head tvaters ; to remove the commissioners now in office, and
make said appropriations unconditional and independent.

WHEREAS, the improvement of the navigation of Savannah river is, at this time, Preamble,
of primary importance, and would conduce to the convenience and interest of the inha-
bitants settled on the north and north-western parts of this state :

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met. and by the authority of the same. That from and after the pass- The appropri-

J . . '■ . ations hereto-

ing of this act, the several appropriations made by law heretofore passed, for the im- fore made for

provement of the navigation of Savannah river, be held and considered as unconditional navip.atk>n of
and independent, and not depending upon any appropriation made by South Carolina. SaV*haU be"

unconditional.

Sect. 2. And be it further enacted, That so much of an act passed 16th December, Repealing
1815, appropriating money for the improvement of the navigation of Savannah river, so
far as relates to the appointment of commissioners for said river, in said act named, and
any other person now acting as commissioner by executive appointment, be, and the same
is hereby repealed. ,

Sect. 3. And be it further enacted, That the thirty thousand dollars heretofore appro- The appropri-
priated for the improvement of the navigation of Savannah river, from the city of Au- ©30,000 here-
gusta to the mouth of Panther creek, be divided in the following manner, to wit: The jj^6^11
sum of fifteen thousand dollars from the city of Augusta to the town of Petersburgh ;
and the sum of eight thousand dollars, from the said town of Petersburgh to the village
of Andersonville ; and the sum of seven thousand dollars from the said village of Ander-
sonville to the mouth of Panther creek on Tugalo river.

Sect. 4. And be it further enacted, That Thomas Murray, Ezekiel Dubose, Peter Commission-
Lamar, William Cumming, Henry Shultz, Archer Avery and Marshall Keith be, and river appoint-
they are hereby appointed commissioners of said river, from the city of Augusta to the e '
town of Petersburgh ; and that Beverly Allen, Samuel McGehee, Zachariah Bowman,
Singleton W. Allen, James Prothro and Samuel Rembert, be appointed commissioners

3 .X

522 NAVIGATION. 1818.

(No. 366.) of that part of said river from the town of Petersburgh to the village of Andersonville ;

and that James R. Wiley, Richard D. Gray, Joseph Walters, Benjamin Sloan and

Robert Burton, be appointed commissioners from the said village of Andersonville to

the mouth of Panther creek on Tugalo river; which said commissioners of said several

divisions of said river, shall form a separate board for the improvement of the said

May appoint several divisions of said river, under their management; and they, or a majority of

own body a them, shall have power to appoint one of their own body as treasurer, who shall be

treasurer, authorized to draw, from time to time, on his excellency the Governor, and receive from

who shall be 7 J '

authorized to him any part of said appropriation as may be deemed necessary by said board of corn-
draw on the # m .
Governor for missioners, or a majority of them; and the said several treasurers, before they draw on

shall e-ive tne Governor for any monies, shall give bond and good security, in the sum of twenty

bond and se- thousand dollars each, payable to his excellency the Governor and his successors in

cunty. l J J

office, conditioned for the faithful application of the sum or sums of money, received for
the purposes aforesaid.

Commission- Sect. 5. And be it further enacted, That it shall be the duty of the commissioners,

ers shall make

a semiannual and all others hereafter appointed, to make a fair and regular return to the Governor,

Governor of semiannually, of all disbursements of money drawn in conformity to this act, together

all disburse- AVith the state of improvement of that part of the river under their management,
ments, &.c. and r i o

of their pro-

Mav receive Sect. 6. And be it further enacted, That the said commissioners are authorized to

subscriptions. receive such sums of money as may have been subscribed for by individuals, or may

hereafter be subscribed towards the improvement of the navigation of said river,

and divide the same in proportion as the thirty thousand dollars have been appro*

priated.

Commission- Sect. 7. And be it further enacted, That nothing in this act shall be so construed as

part of South to prevent the commissioners appointed on the part of South Carolina, from associating

Carolina may wjth. the commissioners on the part of this state, in arrangements to improve the navi-
associate with r or

them. gation of Savannah river : Provided, South Carolina have or may appropriate money

for the purposes aforesaid ; and such appropriation is, by said commissioners, placed
with the appropriation of this state, and applied to the purposes aforesaid.

Proviso.

The Governor Sect. 8. And be it further enacted, That the Governor is hereby authorized and re-
procure a re- quired to use such measures as is best calculated to insure a speedy return of the five
©50oo ad-6 thousand dollars advanced to. the treasurer of the board of commissioners in said be-

vanced to the fore recited act mentioned, and applied to the purposes aforesaid,

treasurer ot * * *
the former
board, &c

NAVIGATION. 1818. 523

Sect. 9. And be it further enacted by the authority aforesaid, That all laws and parts (No. 366.)

of laws, militating against this act, be repealed. Repealing

clause.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives \

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 367.)

To incorporate " The Savannah Steam Ship Company."

^WHEREAS, William Scarborough, A. B. Fannin, J. P. McKinne, Samuel Howard, Preamble.
Charles Howard, John Haslett, Moses Rodgers, A. S. Bullock, John Bogue, Andrew
Low & Co,, Robert Isaacs, J. Minis, S. C. Dunning, J. P. Henry, John Speakman, Ro-
bert Mitchell, R. & J. Habersham, James S. Bullock, Gideon Pott, W. S. Gillett and
Samuel Yates have, by their petition, represented, that, with the view of making a lau-
dable and meritorious experiment, they have formed themselves into an association,
under the style and name of The Savannah Steam Ship Company, to attach, either as
auxiliary or principal, the propulsion of steam to sea vessels, for the purpose of navi-
gating the Atlantic and other oceans, and that they have provided a ship for that purpose,
which is now in a sufficient state of forwardness to afford sanguine expectations of the
experiment being tested in the course of a short period; and in order to ensure and
establish their said institution in a permanent and effectual manner, so that the attain-
ment of their object may be more facilitated, have prayed the legislature to grant them
an act of incorporation :

BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the several The- Savannah
persons herein before named, and others who are, or may become members of the asso- company ni-
dation before mentioned respectively, the officers and members thereof, and their sue- corPorated-
lessors, shall be, and they are hereby declared to be, a body corporate in name and in
deed, by the style and denomination of " The Savannah Steam Ship Company," and Shall have
by the said name and style, shall have perpetual succession of officers and members, pelpe ua

3X2

524

NAVIGATION. 1818.

(No. 367.) and a common seal to use; and shall have full power to make, alter, amend and change

cession, and a sucn bye-laws as maybe agreed upon by the members of the same: Provided, such

common seal. J J '

May make bye-laws be not repugnant to the laws and constitution of this state or of the United

bye-laws. g^

Proviso.

Sect. 2. And be it further enacted by the authority aforesaid, That they shall have

full power and authority, under the style and name of " The President of the Savannah

May sue, &c. Steam Ship Company," to sue for and recover all such sum or sums of money as now

are, or may become due to the said association, by any name or style whatever, at any

court of law, or at any tribunal having jurisdiction thereof, and the rights and privileges

May take and of the said association in any court, or at any tribunal to defend ; and also to receive,

quests &c ta^e anc^ aPply bequests or donations, as may be made to and for the uses and purposes

intended by the said association ; and shall be, and are hereby declared to be, vested with

all the powers and advantages, privileges and emoluments of an association or society

of people, incorporated for the purposes and intentions of their said institution.

Thisactdeem- Sect. 3. And be it further enacted, That this act shall be, and is hereby declared
one* PU 1C to De> deemed and considered a public act, to all intents and purposes whatsoever.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

NAVIGATION. 1818. 525

AN ACT (No. 368.)

To incorporate the Savannah River Navigation Company.

WHEREAS, it is desirable to effect a cheaper, safer, and more regular conveyance Preamble
of produce and merchandize on the Savannah river, to and from the cities of Savannah
and Augusta, so that immoderate charges on the transportation of property may be
prevented, as well as to guard against the dangers and evils springing from extensive
monopolies, by means of which, capital and business are engrossed by a few, and regu-
lar trade and fair competition are destroyed ; and whereas, John Cumming, John Cor-
mick and L. C. Cantelow, commissioners of the said company, have petitioned the
legislature that they, the said commissioners, and others, the stockholders of the said
company, may be incorporated under the name of The Savannah river Navigation Com-
pany :

BE it therefore enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That the said The Savannah

river Navisra-
John Cumming, John Cormick and L. C. Cantelow, commissioners, with all such per- tion Company

sons as are, or may become hereafter, members of the said company, be, and they are incorPora e

hereby incorporated and made a body politic, by the name and style of the Savannah

river Navigation Company, and by that name shall be, and are hereby made able and Their corpo-

i*atc Dowers
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 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 bye-laws, ordinances

and regulations as shall seem necessary and convenient for the government of the said

corporation, not being contrary to the constitution or laws 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.

Sect. 2. And be it further enacted by the authority aforesaid, That the capital stock Their capital

of the said company shall consist of six hundred thousand dollars ; and all future pay- '

ments on shares shall be made in such instalments as the directors (nine members con- shares regu-

.... lated.

currmg) may determine, giving two months notice, by advertisement in one or more

newspapers in Savannah and Augusta, previous to the period at which such instalments

Forfeitures in

are required to be paid ; and a failure to make payments punctually of any of the said case of non-
payments,

526

NAVIGATION. 1818.

(No. 368.) instalments on any share or shares, shall incur a forfeiture thereon, to the use of the
company, of all dividend on such share or shares, until payment of such instalment or
instalments shall be made ; and such share or shares, upon which default of payment is
made, shall be held by the president to and for the use of the company, until the pay-
ment of the instalment or instalments so due as aforesaid ; but the said forfeiture shall
in no wise impugn the right of the president and directors to sue for and recover the
balance of the subscription so remaining unpaid from such delinquent stockholders.

The Presi- And before effecting any business as an insurance company, the president and directors

dent and Di- #

rectors, before shall require good and sufficient security for the payment of all future instalments upon

tion of any in- tne stock; and upon failure to give such security, the person or persons failing, shall
surance busi- forfeit to and for the use of the company, all dividends to which he, she or they may

quire security De entitled, and such share or shares shall be held by the president for the use of the
for the pay-
ment of fu- company, until bond and security shall be given as aforesaid,
ture instal-
ments. Forfeiture for not giving1 security.

Duration of
the company.

In what way
they may dis-
solve the
same.

Proviso.

Sect. 3. And be it further enacted, That the company shall be and continue for the
term of twenty-one years from and after the passage of this act ; but the proprietors of
two-thirds of the capital stock of the company may, by their concurring votes, at a ge-
neral meeting, called for that express purpose, dissolve the same, at any prior period :
Provided, that notice of such meeting and its objects be published in one or more of
the Augusta and Savannah newspapers, once a week, for six months previous thereto.

Shall hold no
real estate be-
yond what
may be neces-
sary for its bu-
siness.

May effect in-
surances.

Sect. 4. And be it further enacted, That the company shall not purchase or hold
any lands, tenements, or other real estates, other than what may be necessary for the
convenient transaction of its business.

Sect. 5. And be it further enacted, That the said company may insure the safe de-
livery of any produce, goods, wares, merchandize, shipped in their boats, against all oc-
currences for which they are not regularly liable by law.

Original arti-
cles of asso-
ciation to con-
tinue in force
until altered.

Exception.

Proviso.

Sect. 7. And be it further enacted, That the articles of association heretofore made,
shall be and continue in force, until altered by the president and directors (nine mem-
bers concurring), except so much as relates to the transfer of stock in the company, and
the officers heretofore elected shall continue in office until a charter is obtained : Pro-
vided, that the General Assembly may rescind the privileges herein granted, whenever

NAVIGATION. 1818, 1819. 527

it shall appear to them that they have been abused, or that they operate to the manifest (No. 3680
injury of the common weal.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 369.)

To keep open that part of Broad River, commonly called the Middle River, run-
ning between Coleman and Anthony's Mills.

BE it enacted *by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and it is hereby enacted by the authority of the same, That That part of

from and after the passing of this act, all that part of Broad river, commonly called the ^Ued the^

Middle river, running between Coleman and Anthony's mills, shall, before and after Mid(lle river>

&c. to be
its junction with either of the rivers on which the said mills are erected, be, and is kept open,

hereby declared to be, a free passage for fish, boats or rafts ; and to be clear of all and

every obstruction whatever, to the final junction of all its parts with the main river

aforesaid.

Sect. 2. And be it further enacted, That all and every person or persons whatever, Penalties for
obstructing, or causing the same to be obstructed, shall be subject to the fines and for- th^same^
feitures imposed in the 14th section of an act, passed on the 8th December, 1815, to
authorize Shaler Hillyer to build a mill-dam across Broad river, at Muckle's ferry
shoals, and for other purposes.

Sect. 3. And be it further enacted, That Ruphes Christian, of Elbert county, is a commis-

hereby appointed a commissioner on said Broad river, in lieu of William Redwine ru- sio.ner *P-

. . - ' " pointed,

fusing to act.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 18th December, 1819.

JOHN CLARK, Governor,

528

NAVIGATION. 1819.

(No. 370.)

AN ACT

To amend An act to render navigable that part of the Oconee river situated be-
tween the mouth of Fishing creek, in Baldwin county, and Hudson's Ford, at
or near Barnett's Shoal, in the county of Clark, passed in the year 1818.

Preamble. WHEREAS, Messrs. Reid and Terrell are authorized, by an act of the legislature,

to render navigable the Oconee river from the mouth of Fishing creek to Barnett's
shoal ; and as experience has pointed out some imperfections in said act :

Penalty for
obstructing1
tbe channel of
the Oconee
made by Reid
and Terrell, or
any other part
of said river.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
from and after the passage of this act, any person or persons who may throw any ob-
struction to the passage of boats in the channel of the Oconee river made by Messrs.
Terrell and Reid, or in any part of said river necessary to the passage of boats, shall
pay a fine of two hundred dollars to such person as will give information of the same,
and prosecute the case to conviction before any tribunal of the state having cognizance
of such cases.

Penalty for Sect. 2. And be it further enacted, That any person who shall fall any tree of one

the Oconee, foot or more in diameter into the Oconee river, between the mouth of Fishing creek and

mouth of Fish- Garner's ferry, or as far on said river as the navigation may have been rendered prac-

ing creek to ticable bv said undertakers, shall, for every such offence, pay the sum of twenty dollars,
the highest J . . .

point of navi- to be levied, collected, and disposed of as in the last section,
gation.

Said under-
takers may
effect a chan-
nel of naviga-
tion in any
part of the
river.
Owners of
mills shall es-
tablish the
necessary
locks.

Sect. 3. And be it further enacted, That the said undertakers are authorized to carry
their channel of navigation through any part of the river that may appear to them most
practicable ; and the owners of mills, who may have erected their dams across the
course of such channel, shall, in every case, be bound to erect a lock, of sufficient size to
admit of the passage of such boats as are used in the transportation of produce on the sec-
tion of the river on which such mill may be erected; the lock to be so erected to be placed
in a proper situation under the direction of the undertakers, and liable to the same mode
of inspection as other parts of the river.

Additional Sect. 4. And be it further enacted by the authority aforesaid, That Tomlinson Fort,

commission-
ers. Hines Holt, Henry Branham, Warren Jourdan, James Ware, Peter J. Williams, George

Heard and Robert Rea, be, and they are hereby appointed commissioners in addition to

NAVIGATION. 1819. . 529

those heretofore appointed by the before recited act, with power to appoint a chairman, (No. 370.)

and convene the said commissioners by public advertisement, and that any three of said Three shall

constitute a
number shall be sufficient to form a board for inspecting the work, agreeable to the pro- board.

visions of the before recited act.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 22d December, 1819.

JOHN CLARK, Governor.

5 Y

[ 530 ]

NE EXEAT.

AN ACT

To authorize the judges of the Superior Courts to grant writs of Ne Exeat in

certain cases therein mentioned.

Preamble, WHEREAS, great evils have, and do yet exist in this state, in consequence of the law

of England regulating writs of ne exeat, not having provided for cases where the de-
mand set forth by the complainant is not due ; and whereas, no provision is made for
cases of joint obligors, or joint and several obligors, when apart of them remove, or are
about removing without the jurisdictional limits of this state, without making satisfac-
tion to the obligee, or to the other obligor or obligors, by reason whereof the payment
of the debt devolves on the obligor or obligors who remain within the state, and that
too, without the possibility of compelling the obligors or obligor removing, to pay or
secure the payment of their proportionable part to the obligee, or to the complaining
obligors : for remedy whereof,

Sect. 1. BE it enacted by the Senate and> House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Judges of the That from and after the passage of this act, the judges of the Superior Courts shall,

Courts author- and are hereby authorized to grant writs of ne exeat, as well in cases where the debt or

ized to grant demanci is not actually due, but exists fairly and bona fide in expectancy at the time of

eat when the making application, as in cases where the demand is due; and all the proceedings shall
debt is not o i r ... ...

due. be as heretofore practised in this state, in restraining the person and property of the

defendant, until he secures to the. complainant the payment of the demand, or show good

cause to the court why he should not pay the same ; all other proceedings to be in the

same way as is practised under this writ in other cases.

NE EXEAT. 1813. 531

Sect. 2. Be it further enacted, That in case of joint, or joint and several obligors, if (No. 3T1.)

any one or more of them are about to remove without the jurisdictional limits of this Joint obligors

entitled to said
state, and are carrying off their property, leaving one or more fellow obligors bound writ against

with them for the payment of any debt, penalty, or for the delivery of property at a cer- ODiigors in

tain time, which time has not arrived at the time of such removal, such obligor or obli- certain cases.

gors who remain, shall have the benefit of the writ of ne exeat, to compel the removing

obligor to secure the payment of his part of the debt, penalty, or of the delivery of the

property ; and also in cases of security, the security shall have all the benefit of the writ Securities en-

of ne exeat, against his principal or fellow security, where the obligation or debt is not ^r^ ag.ajnac!t

vet due, and the principal or either of the securities are about removing: without the their remov-
J y ° ing principal,

state: Provided nevertheless, that in all cases arising under this act, the party complain- or fellow secu

ritics.
ing shall pursue the legal form and course of law, as heretofore practised in this state, proviS9o

any thing herein contained to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate,
Assented to, 6th December, 1813.

PETER EARLY, Governor,

3 Y 2

[ 532 ]

PEDLERS.

'AN ACT

To amend an act, entitled Jin act for licensing and regulating Pedler s.%

Pedlers re-
quired to pay
§30 for a li-

Sect. 1. BE it enacted by the Senate and House of Representatives of the, state of
Georgia, in General Assembly met, and it is hereby enacted, That it shall be the duty
of every, or any pedler or itinerant trader, who shall wish to vend any goods, wares or
o ra e. mercnan(jize m this state, to apply to some one of the clerks, or the Superior Court of
this state, or the treasurer thereof, and to pay to and for the use of this state, thirty
dollars ; and on the payment thereof, to receive from said clerk, or treasurer, a certifi-
cate or license, to vend or sell, goods, wares or merchandize in any of the counties of
this state, for the term of twelve months from the date of such license. .

Duty of the
clerks grant-
ing licenses.

Sect. 2. And be it further enacted, That it shall be the duty of all and any of such
clerks, within sixty days after the receipt of any money, by virtue of this act, to deli-
ver and pay over the same to the treasurer of this state ; and on failure thereof, they
shall be subject to indictment for malpractice in office ; and being thereof convicted,
shall be removed from office, and fined in a sum not less than twice the sum which he
so failed to pay, and stand committed until the same is paid.

Pedlers trad- Sect. 3. And be it further enacted, That if any pedler or itinerant trader, shall vend

"license fina- any goods, wares or merchandize, without first obtaining a certificate as aforesaid, shall

be fined in a sum not exceeding one hundred dollars, for every such offence.

* See the three next acts, particularly the last, which is the operative one on the subject.

PEDLERS. 1812.

533

Sect. 4. And be it further enacted. That this act shall not be so construed as to pre- (No. 372.)
vent any person from trading on the manufactures of this state, and that all laws mili- Xradl"g fn

tures of the
state, not pro-

tating against this act, are hereby repealed.

Executive Department, Georgia,
Assented to, 7th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

hibited.

Repealing1

clause,

AN ACT*

(No. 373.)

To impose an additional tax on Pedlers and other Itinerant Traders.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
from and after the passing of this act, it shall be the duty of every pedler and itinerant
trader, who shall intend to vend any goods, wares or merchandize in any county in this
state, to apply to the clerk of the Inferior Court of each and every county, where he
intends to vend such goods, wares or merchandize, and obtain a license, under the hand
of the clerk and the seal of the court, authorizing him to sell the same in the county
where the license issues, for the term of twelve months from the date thereof: Provided
always, that the person so applying shall, at the time of receiving such license, pay to
the clerk granting the same, two dollars for his own use, for each license granted ; and
also the sum of forty dollars, one half for the use of the county where the license issues,
and the other half for the use of the state ; which last shall be paid by the clerk into
the treasury of this state, within ninety days after he receives the same : Provided always,
that there shall be one license to each waggon, cart, or other vehicle for the transporta-
tion of merchandize, which license they shall be bound to show, when demanded by any
sheriff, deputy sheriff, justice of the Inferior Court, justice of the peace, or any consta-
ble ; and on failure or refusal, shall be subject to the penalties of this act.

Pedlers re-
quired to ob-
tain a license
in every coun-
ty where they
intend to
trade.

Proviso.

One license
for each wag
gon.

* This act amended by the following one of 1817, which is also amended by act of 1819, No. 375.

534

PEDLERS. 1816.

Sect. 2. And be it further enacted, That if any pedler or itinerant trader shall expose
or offer for sale, or vend any goods, wares or merchandize, without having previously
obtained such license, or in any other county than that in which the same is granted, he,
she or they, shall forfeit and pay, for each and every offence, the sum of five hundred
dollars, to be collected in the manner herein prescribed; one hair of which shall go to
the prosecutor, and the other half shall be paid into the treasury of this state.

(No. 373.)

Forfeiture for
trading with-
out such li-

The prosecu-
tion of offend-
ers against
this law pro-
vided for.

Sect. 3. And be it further enacted, That an oath being made before any justice of
the Inferior Court or justice of the peace, that a violation of this law has been com-
mitted, it shall be his duty to issue a warrant under his hand, directed to any sheriff,
deputy sheriff or constable, commanding them and each of them to arrest the offender,
and seize his property, and bring both before any justice of the Inferior Court or jus-
tice of the peace ; and if, on trial before any of them, it shall appear from the evidence,
that the charge or charges are unfounded, he, she or they shall be forthwith discharged;
otherwise he, she or they shall be bound, with one or more sufficient securities, in the
sum of five hundred dollars in a joint and several bond, for his, her or their appearances
at the next Superior Court to be holden in the county where the offence was committed,
and on failing to give such security, shall be committed to jail ; at which court the
attorney or solicitor general shall prefer a bill of indictment against the party so offend-
ing, who shall, if convicted, be fined by the court the sum of five hundred dollars for
each and every violation of this law, and the party shall stand committed, until the fine
or fines imposed by the court is or are paid.

In case of ac-
quittal, the
property shall
be restored
and costs paid
by the inform-
er.

In case of con-
viction, what
to be done.

Sect. 4. And be it further enacted, That if the party or parties indicted shall be
found not guilty, the property seized shall be restored, and the cost shall be paid by the
informer ; but if found guilty, the court shall order a sale by the sheriff, in such man-
ner as the court shall deem expedient, unless the party, previous to the day of sale, shall
comply with the sentence of the court ; arid where such sale takes place, the nett pro-
ceeds, after payment of all costs and expenses, shall be applied to the discharge of the
fine or fines imposed ; and the overplus, if any, shall be restored to the offender.

Town corpo- Sect. 5. And be it further enacted, That nothing herein contained shall prevent any
prevented incorporated town from establishing sucrj regulations and restrictions relative to pedlers

from regulat- an(j itinerant traders, within the limits of the corporation, as they mav deem expedient.

ing and re- * J J r

stripling pedlers, within their limits.

Trading under Sect. 6. And be it further enacted, That nothing in this act shall prevent any pedler
tainecf hereto- or itinerant trader, who has heretofore obtained a license, from selling under it accord-
fore, permit- mg to tne existing laws ; nor shall any thing herein contained prevent any citizen of this

Citizens permitted to trade on the state manufactures.

PEDLERS. 1816. 535

state from trading on the manufactures thereof; ancfc all acts and parts of acts militating (No. 373.)
against this act be, and the same are hereby repealed. Repealing

Sect. 7. And be it further enacted, That where any pedler or itinerant trader shall, The taking-

out licenses

after the passage of this act, and previous to the first of January next, take out any previous to

license under the laws now in force, he shall not be subject to the penalties of this law ; janUary next

Provided, he shall, by that day, comply with the provisions of this act, by paying the regulated.
sum of forty dollars in the manner herein directed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

AN ACT* (No. 374.)

To alter and amend an act, entitled Jin act to impose an additional tax on Pedlers
and other Itinerant Traders, passed the \Sth December, 1816.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and after the passing of this act, it shall be the duty of every pedler or Pedlers requi*

itinerant trader, who shall wish to vend any goods, wares or merchandize in this state, out lke^s in

to apply to the clerk of the Inferior Court of each county in which he may be disposed ev,ety c°unt7

J J r where they in-

to vend goods, and procure a license under the seal of the county court ; and such license tend to trade.

shall entitle him or them to the privilege of vending any goods, wares or merchandize

for the term of twelve months, within the limits of said county ; and shall pay for every $20 for eacfc

such license the sum of twenty dollars in each county, (one half for county purposes,

the other half for the use of the state,) the one half of which sum or sums, when so

collected, shall be paid over by the clerk to the treasurer of this state, within six months ;

they shall also pay to such clerk the sum of two dollars for his own use : Provided

license.

See act of 1819, No. 375, amendatory of this act,

536

PEDLERS. 1817.

(No. 3 74.) nevertheless, that there shall be one license for every waggon, cart, or other vehicle em-
ployed or used in vending such goods, wares, or merchandize ; which license they shall
be bound to show to any sheriff, deputy sheriff, justice of the Inferior Court, justice of
the peace, or constable of this state, whenever demanded, and on failure or refusal
thereof, shall forfeit and pay the sum of thirty dollars ; which fine shall be collected as
all other fines or penalties are.

One license
for each wag
gon, &c.

Proceedings
against offend-
ers under this
law regulated.

Town corpo-
rations allow-
ed to exact
§5 per day
from pedlers.
Proviso as to
state manufac-
tures.

Repealing
clause.

Sect. 2. And be it further enacted, That on oath being made before any justice of the
Inferior Court or justice of the peace, that a violation of this law has been committed,
it shall be his duty to issue a warrant from under his hand, directed to any sheriff,
deputy sheriff or constable, commanding them and each of them to arrest the offender or
offenders, and seize him or them and their property, and bring him or them and their
property 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 from the evidence that the charge or charges
are unfounded, he, she or they shall be discharged without cost ; otherwise he, she or
they shall be bound with one or more sufficient securities, in the sum of one 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 may have been committed j and on
failing to give such security, shall be committed to jail ; at which court the attorney or
solicitor general shall prefer a bill of indictment against the party so offending ; who
shall, if convicted, be fined by the court, in the sum of one hundred dollars for each and
every violation of this law ; and the party so offending shall stand committed until such
fine or fines be paid : Provided nevertheless, that this act shall not prevent the corpora-
tion of any town or village from exacting from such pedler or other itinerant trader a
sum not exceeding five dollars per day : And provided, that nothing herein contained shall
prevent any person from trading on the manufactures of this state.

Sect. 3., And be it further enacted, That all acts and parts of acts that militate against
this act shall be, and they are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

Assented to, 10th December, 1817.

PEDLERS. 1819. 537

AN ACT (No. 375.)

To alter and amend an act, entitled " An act to impose an additional tax on
Pedlers and other Itinerant Traders," passed the 10th December, 1817.

Sect. 1. BE" k enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, it shall be the duty of every pedler or itine- Pedlers requi-
rant trader, who shall wish to vend any goods, wares or merchandize in this state, to licenses in
* apply to the clerk of the Inferior Court of each county in which he may be disposed to ^JhAeyin-
vend goods, wares or merchandize, and procure a license under the seal of the county tend to trade:
court, with an annexed copy of the oath, which shall be'administered to him by the clerk
of the Inferior Court, as follows: "That I, A. B. now, applying for a license to vend Shall take an
goods, wares, or merchandize in the county, (inserted in such license,) do solemnly swear, use such ii_
or affirm, (as the case may be,) that I will use this license in no other county than the one c??se, countv
for which it is granted, nor transfer or suffer any other person or persons, in mine, or nor to transfer

, . tile SUVflCj C£C»

their name or names, to use the same ; so help me God :" and the clerk shall record License and
such oath and license in a book to be kept by him for that purpose ; and such license, ° ^ l? f re~
when obtained, with the copy of the oath thereto subscribed, from under the hand and
seal of the clerk of the Inferior Court, to whom such application shall be made, shall
entitle him or them to the privilege of vending any goods, wares or merchandize, for the
, term of twelve months, within the limits of said county, and shall pay, upon their
obtaining such license, the sum of six hundred dollars to the clerk of the Inferior Court $600 for each
in each county where such license shall be granted ; one half for county purposes, and
the other half for the use of the state ; the one half of which sum or sums, when so col-
lected, shall be paid over by the clerk to the treasurer of this state within six months
thereafter : they shall also pay to such clerk, for the granting of such license,' with the Clerk's fee.
copy of the oath and the county seal attached thereto, the sum of five dollars, for his
own use : Provided nevertheless, that there shall be one license for every waggon, cart or one license
other vehicle, employed or used in vending such goods, wares or merchandize, which ~Jne<&c Wa^"
they shall be bound to show to any sheriff, deputy sheriff, constable, justice of the peace, justices of the
and. to any civil or military officer whatever, when demanding an, exhibit of the same, demand aneT-

and on failure or refusal thereof, shall forfeit and pav the sum of twelve hundred dollars, Jllblt of tne

1 J • license.

" one half to the informant, the other half to be paid over to the clerk of the Inferior Penalty.

Court, and applied to county purposes. And that, in all cases where the said pedlers Clerks indicta-

shall take out such license," and pay over to the clerk the amount of taxes, and the clerk paying over

shall neglect to pay over to the treasurer, agreeably to the provisions of this act, he shall *°rl a^ ^quil1"

be subject to indictment ; and, if found guilty, shall be fined in a sum not less than red by thls

double the amount received by him.

- 3 Z

538

PEDLERS. 1819.

(No. 375.
Clerk to de-
scribe each
person to
whom he
grants a li-
cense

Proceedings
against offen
ders regulat-
ed.

) Sect. 2. And be it further enacted by the authority aforesaid, That it shall be the
duty of the clerk issuing license as aforesaid, to describe, as nearly as he can in said li-
cense, the age, size, complexion, &c. of the person to whom such license is granted.

Sect. 3. And be it further enacted, That on oath being made before any judicial
officer of this state, justice of the Inferior Court, or justice of the peace, that a viola-
tion of this law has been committed, it shall be his 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 and
bring him or them, and the goods, wares or merchandize which they may have in their
immediate possession, before any judge of the Superior Court in term time, or before
any of the justices of the Inferior Court or justices of the peace ; and if, on trial before
any of them, it shall appear from the evidence that the charge or charges are malicious
or unfounded, he, she or they shall be discharged without cost ; otherwise, he, she or
they shall be bound with one or more sufficient securities in the sum of twenty-four
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, shall be committed to jail, at which court the at-
torney or solicitor general shall prefer a bill of indictment against the party so offend-
ing, who shall, if convicted, be fined by the court in the sum of not less than six hun-
dred, nor more than twelve hundred dollars for each and every violation of this law,
and the party so offending shall stand committed until such fine or fines be paid.

Fines, how
collected.

Proviso.

Proviso,

Sect. 4. And. be it further enacted, That 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
are : Provided nevertheless, that this act shall not prevent the corporation of any town
or village from exacting from such pedler or other itinerant trader; a sum not exceed-
ing five dollars per day: And provided, that nothing herein contained shall prevent any
person from trading on the manufactures of this state.

Repealing
clause.

Sect. 5. And be it further enacted, That all acts and parts of acts that militate against
this act, shall be, and they are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW. TALBOT,

^President of the Senate,.
Assented to, 9th December, 1819.

JOHN CLARK, Governor,

[ 539 ]

PENAL CODE.

AN ACT*

To alter and amend an act, entitled Jin act more effectually to punish the crime

of Horse Stealing.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and immediately after the passing of this act, that so much of the before re- Reviving

> . clause.

cited act as repeals an act, entitled An act more effectually to punish persons guilty of

stealing horses, asses or mules, passed on the nineteenth day of December, one thou-
sand seven hundred and ninety-three, shall remain and be in full force and virtue, so
far as respects any crime or crimes which may have been committed before the repeal-
ing of the last recited act, which may come under the purview of the same. : *

Sect. 2, And be it further enacted, That the second section of the first act herein The words
recited, shall hereafter be so construed as to include the words " mare or mares." mares," to be

Executive Department, Georgia.

Assented to, 13th December, 1811

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

D. B. MITCHELL, Governor.

included in
the first re-
cited act.

* For the existing law relative to horse stealing, see penal code of 1817, from the 7th to the 12th section
inclusive, of the 6th division. '

3Z 2

540

PENAL CODE. 1811.

(No. 377.)

AN ACT*

To ameliorate the Criminal Code, and conform the same to the Pemtentiary ^

System.

PERSONS CAPABLE OF COMMITTING CRIMES.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

Whoarecapa- gia, in General Assembly met, and by the authority of the same, That all persons are

ble of commit- i i r i • • r • •

ting crimes, hereby declared capable of the commission ol crimes, except those included under the

following heads, in whom a want or defect of will is manifest, viz :

Who are not,

&c.

1st. Infants under the years of discretion, in whom no " doli capacitas" or capabi-
lity for mischief, appears to exist.

2d. Lunatics and idiots.

3d. When the crime or unlawful aci is committed by misfortune or chance, and not
by design.

4th. Ignorance or mistake ; when, with the intent of doing a lawful act, an unlawful
one is committed.

5th. When actions, unlawful and criminal, are committed by compulsion and inevita-
ble necessity.

What neces- Sect. 2. And be it further enacted, That when any infant or infants, under the years

a^Tnfa i°oFa °^ discretion, shall or may commit any crime or unlawful act, with malice, the evidence
crime, &c. 0f sucn malice shall, before conviction of such crime, be clear and strong, beyond all
doubt and contradiction.

A lunatic who Sect. 3. And be it further enacted, That if any lunatic shall and does, in a lucid
crfmTifc^u* momenti commit any crime or unlawful act, such lunatic may and shall, on conviction
C*d '-"h^w nt' thereof, and on good evidence of such lucid moment, be adjudged to such penalty as
may be by law annexed to the commission of such crimes.

Proceedings
regulated,
when a person
of sound mind
commits a
capita] crime
and afterwards
becomes in-
sane.

Sect. 4. And be it further enacted, That if any person, in sound mind or memory,
commit a capital offence, and before arraignment for it become insane, he shall not be
arraigned for it ; if after having pleaded, he shaty. not be tried ; if after being tried and
found guilty, judgment shall not be pronounced ; and if after judgment, execution shall
be stayed, unless such person or persons become compos mentis, or sound in mind.

Repealed. See act of 1818, No. 382.

PENAL CODE. 1811. 541

Sect. 5. And be it further enacted, That if any person or persons shall attempt to (No. 377.)

perpetrate any arson, rape, burglary, robbery or larceny, and a consequence ensues j^Js°™ a*"o

which he, she or they did not foresee or intend, as the death of a man, or such like, commit arson,

.4 r a- • rape, &c. lia-

such want of foresight shall be no excuse ; for being guilty ot one oftence in doing an- ble for any

tecedently what is in itself heinous sffid unlawful, he, she or they, is or are criminally ensuing from

guilty of whatever consequence may follow such first misbehaviour. such attempt.

Sect. 6. And be it further enacted, That no crime shall be excused by ignorance or ignorance of
. • 1 r r *aw no excuse

error in point 01 law, but only by ignorance or mistake or tact. for a crime.

Sect. 7. And be it further enacted, That in all cases wherein a wife may commit Awifecom-

-, . , ■, 1 11111 ■ nutting a

any crime or crimes, except high treason, muraer and manslaughter, and the keeping a cl.ime by the

brothel or disorderly house, in the company of her husband, she shall not be considered Jer'husband

guilty of said crime or crimes ; but her husband, by whose coercion she is supposed to (^ltn certain

act, shall be, and is hereby declared amenable to the laws for such act. not amenable,

The husband
liable.

Sect. 8. And ke it further enacted, That if any slave shall, by command of his or A slave, who

, , 1 • " i r 1 1 • • I shall commit

her master, owner or employer, or person having charge 01 such slave, commit any anv crime (ex_

crime or crimes, except felony, such slave is declared not guilty of such act ; but such cept telony)

master, owner, employer, or person having charge of such slave, by whose command mand of an

V . v 7 owner, &c. not

such crime or crimes may have been committed. amenable.

Such owner,
&c. liable.

PRINCIPALS AND ACCESSORIES.

Sect. 9. Be it enacted by the authority aforesaid, That he, she or they, who shall Who shall be
be the actor or actors, or absolute perpetrator or perpetrators of any felonious act, except the first de-
as provided in the two preceding sections, shall be, and is or are hereby declared to be, gree*
principal or principals in the first degree ; and he, she or they, who shall be present, In the second
aiding and abetting the fact done, principal or principals in the second degree.

Sect. 10. And be it further enacted, That the presence shall not be construed, always A constructive
to be an actual immediate standing by, within sight and hearing of the fact ; but that may make a
he, she or they, who may be keeping guard or watch at some convenient distance, shall pann^th'^se-""'
be, and are hereby declared to be, aiding and abetting, and is or are consequently prin- cond degree,
cipal or principals, in the second degree.

Sect. 11. And be it further enacted, That in cases of death by poisonings he, she or Poisoning,
they, who shall, with malicious intent, prepare or lay the poison, or persuade other per-
son or persons ignorant of its poisonous qualities to drink it, or give it to him, her or
them for that purpose, and yet not administer it personally, nor be present when the

542 PENAL CODE. 1811.

* &

(No. 377.) very deed of poisoning is committed, shall be, and is or are hereby declared to be, prin-
cipal or principals, in the first degree.

Persons laying Sect. 12. And be it further enacted, That he, she or they, who shall lay any trap or

ony tl*3.D Or

pitfall, &'c. by pitfall for another, whereby he or she is killed, let out any wild beast with intent to do

death of any mischief, so that death thereby ensues, or excite an idiot or person insane, or a child

one ensues, under the age of legal discretion, to commit homicide, is or are, in each and every of

der. these cases, declared guilty of homicide, as principal or principals in the first degree.

Accessories Sect. 13. And be it further enacted, That he, she or they, who shall not be the

defined. . .*....

chief, actor or actors m the offence, nor present at its commission, aiding and abetting,

but is or are in some way concerned therein, either by advising or counselling the act
to be done, or shall conceal or protect the perpetrator or perpetrators after the commis-
sion of the offence, are hereby declared accessories to such fact.

No accessories Sect. 14. And be it further enacted, That in all felonies there are and may be acces-

before the fsict ~ *

in case of ho- sories, except in homicide in the first and third degrees, where there are and can be no

fiiStnd\hird accessories before the fact,
degree.

Accessories Sect. 15. And be it further enacted, That he, she or they, who, being absent at the

before the fact . . . . ' . , . . . ..

defined. time of the crimes being committed, doth or do notwithstanding procure, counsel, or

command another to commit a crime, except homicide in the first and third degrees,

whereby such crime is actually committed, is or are declared accessories before the fact.

Accessories Sect. 16. And be it further enacted, That he, she or they, who, knowing a crime to

defined. have been committed, assists the criminal in resisting the law, or making his escape

from justice, except in the case of husband and wife, is or are declared accessories

after the fact.

A person ad- Sect. 17. And be it further enacted, That if any person or persons advise or counsel

to kill a child another to kill a child before its birth, and the child be killed after its birth, in pursuance

bfrttTand it be °f such advice, such adviser or advisers is or are declared accessory to the murder.

afterwards

killedjdeemed accessory to the murder.

%
Accessories Sect. 18. And be it further enacted, That except in the case of homicide in the first

degree, accessories shall be, and are hereby declared punishable in like manner, though
in less degree, with the principals.

When tried. Sect. 19. And be it further enacted, That no accessory can be guilty of a higher crime

than his principal, nor shalj he be tried before the principal is convicted.

PENAL CODE. 1811.

541

Sect. 20. And be it further enacted, That in crimes of treason against the state, and (No. 377.)

of trespass, there are no accessories, but that every "particeps criminis," or accomplice No accessories

" ' . 7 .- •• ■ * m trespass and

in the fact, is principal. # treason.

TREASONS.

Sect. 21. Be it enacted by the authority aforesaid, That if any person or persons What shall

• i • i r , ., constitute

shall, or do levy war against this state, withm the limits ol the same, or be adherent treason.

to the enemies of the state within the same, giving to them aid and comfort in the state

or elsewhere, and thereof be legally convicted of any one overt deed, by the evidence

of two sufficient and lawful witnesses, or his own voluntary confession, the cases above

mentioned shall be, and are hereby declared treason, which extendeth to the state.

Sect. 22. And be it further enacted, That if any person or persons shall erect or esta-
blish, or cause or procure to be erected or established, any government, separate from, or
independent of the government of this state, within the limits thereof, unless by act
of the legislature of this state for that purpose first obtained, or shall hold or execute,
under any such usurped government, any office, legislative, executive, judicial or minis-
terial, by whatever name such office may be distinguished or called, or shall swear or
otherwise solemnly profess allegiance or fidelity to the same, or under pretext of authority
derived from, or protection afforded by such usurped government, shall resist or oppose
the due execution of the laws of this state, such person or persons shall be, and is or are
hereby declared guilty of treason towards the state.

Sect. 23. And be it further enacted, That all and every such person or persons who Treason pun-
T. ii i i rr • ' r • r 1 ished with

shall and may be, on the good and sufficient evidence or two witnesses, convicted ol the death.

aforesaid crime of high treason towards this state, shall be punished with death.

FELONY.

Sect. 24. Be it further enacted by the authority aforesaid, That the crimes of homi- Felony,
cide in the first, second and third degrees, arson, larceny, burglary, robbery and forgery,
shall be, and are hereby declared felony.

HOMICIDE.

Sect. 25. Be it further enacted, That homicide shall be construed, and by this act is Homicide

declared to be, the killing of any human creature ; and such homicide is hereby divided . ., '

u J J Divided into

into three degrees, to each of which shall appertain punishments as hereafter expressed. three degrees,

544

PENAL CODE. 181 1.

(No. 377.) 1- If any person or persons of sound mind, with malice aforethought, express, shall kill

Homicide in a human creature, he, she or they shall be guilty of homicide of the first degree, and

the first dc~

gree punished being duly convicted thereof by the verdict of a jury, shall suffer death, under the sen-
tence or judgment of the court, at such time* and place as shall be stated in the said
sentence or judgment, by being hanged by the neck until dead.

Express ma- Malice expressed, shalLin all courts of justice be construed, and is hereby declared to

lice described. . <•••.«

be evidenced by such cases only, in which the Jact oi malice concurs with the act of killr

ing, or where the act shows a malice against all mankind.

Homicide 2. If any person or persons of sound mind, with malice aforethought, implied, shall kill

is implied, a human creature, and being duly convicted thereof by the verdict of a jury, he, she or j
how punished. tney shall be guilty of homicide of the second degree, and shall be condemned, by the

sentence of the court, to hard labour or solitude in the penitentiary, for a term of years

not less than three, nor more than fifteen.

Malice im- Sect. 26. And be it further enacted, That "malice implied," shall be construed by all

p courts of justice in this state, and is hereby declared to be evidenced by such cases only,

in which the point of fact or malice concurs .with the act of killing by the imputation of

law only, and when the act of killing happens in the performance of some felonious act,

principally or wholly intended for some different purpose.

Homicide in Sect. 27. And be it further enacted, That if any person or persons shall, suddenly and

g.ree. unexpectedly, without any premiditated intention of committing the deed, kill another,

he, she or they shall be guilty of homicide in the third degree, unless herein otherwise
How punish- pointed out, and being duly convicted thereof by the virdict of a jury, shall, be con-
demned by the sentence or judgment of the court, to hard labour or solitude in the peni-
tentiary, for a term of time not more than ten, nor less than two years.

Provided nevertheless ;

Justifiable ho- Sect. 28. And be it further enacted, That if the killing or homicide shall arise from
an intention, on the part of the slayer, to arrest the commission of crimes of a felonious
nature, or by an officer in the strict execution of his office, and committed for the ad-
vancement of public justice ; or such as may arise by misadventure in the execution of
a lawful or innocent act, or in self-defence, where the attack is immediate and the dan-
ger imminent, and where there is no premeditated intention to meet or encounter the
danger, and the prisoner or prisoners at the bar shall prove the* same to the satisfaction
of the jury, and the jury in their verdict dp specifically state the homicide to be within

- % -*•

PENAL CODE. 1811. 545

this proviso, and not of the first, second or third degree ; the court shall thereupon im- (No. 377.)
mediately discharge such prisoner or prisoners, and that without cost.

-Sect. 29. And be it further enacted. That in all cases of trial for homicide, where A jury con-

J victing a pri-

the killing is admitted by, or proven against the prisoner or prisoners, the jury shall be soner of ho-

„ . . . * , ' P , . micidemust

bound to specify, in their verdict, the degree of homicide whereof the prisoner or pn- specify the de-

, gree thereof,
soners is or are convicted.

Sect. 30. And be it further enacted. That in all indictments presented to a grand Indictments
u -...'.., f°r homicide

jury under this act, relating to homicide, the charge or count to be contained in such regulated.

indictment shall always be for homicide in the first degree, who may, upon the evidence
produced to them, find, and are hereby authorized to find a true bill for any one of the
degrees of homicide, as shall upon their oaths appear suitable to the testimony ; and the
person or persons so indicted shall be tried upon the charge or count so found : Pro- Proviso.
vided nevertheless, that if the bill found by the grand jury. for homicide be not within
the first, second or third degree, the prisoner or prisoners so indicted shall immedi-
ately be discharged by the court, without arraignment or further proceedings.

Sect. 31. And be it further enacted, That all aiders and abettors before the fact, in Aiders and
J abettors be-

homicide of the first degree, knowing, or wilfully aiding or assisting any person or per- fore the fact,

sons in committing the said crime, shall be equally guilty as the principal or principals, the first de-

and be considered in law as principal in the commission of said crime ; and on convic- ^hfe as Drinci-

tion shall, by the sentence and judgment of the court, be punished in the like manner as Pa!s-

provided for by this act, against persons convicted of the crime of homicide in the first

degree ; and all accessories after the fact, in the commission of the crime or crimes pro- Accessories

:■'.'_ riii i«i after the fact,

vided against by this act, shall, on conviction thereof, be, by the sentence and judgment how punish-

of the court, punished, if of the first degree, by confinement in the penitentiary for a

term not less than two, nor more than five years ; if of the second degree, for a term not

less than one, nor more than three years ; and if of the third degree, for a term not less

than six months, nor more than one year.

Sect. 32. And be it further enacted, That if any person or persons die of any homi- Where death

ensues within
cidal act within three calendar months after the stroke, blow, wound, hurt or injury re- three months

ceived, or cause of death administered, and it be proved that the stroke, blow, wound, \nvy received,

hurt or injury so received, or cause of death administered, was the cause of such per- ^ ^^such"

son or persons' death, the offender or offenders shall be liable to the penalties of this injury was the

r ; m r cause of the

act, in the like manner as if death had ensued immediately: Provided nevertheless', 'that death, the

r i i im i • • -i , -r , , punishment

in cases ot laying in wait, deliberate shooting, poisoning, or cruel and unmerciful beat- 8hall be the

ing, in all which cases the person or persons dying thereof, within six months, will at- ^thhad

tach the crime on the offender or offenders ; and in the computation of time, the whole keen imme~

4 A Proviso,

546

PENAL CODE. 1811.

(No. 377.) day upon which the hurt was done shall be reckoned the first, and continue until the
expiration of the twenty-four hours of the last day of the said three or six calendar
months.

What shall be
done when a
prisoner
stands mute,
or confesses
the crime.

Proviso.

Sect. 33. And be it further enacted, That in the trial of any indictment for homi-
cide in this state, if the person or persons so indicted or charged stand mute, or do not
answer to said indictment or charge, or confess the same in open court, the judge or
judges, after admonishing such person or persons, shall, if he, she or they persist in the
same course of conduct, proceed to the trial of such person or persons, as if he, she or
they had plead not guilty, and pass the same sentence and judgment, in case of convic-
tion, as if the pleadings had been regularly made up ; and said pleadings shall be so
made up by the clerk of the court, under the inspection of the judge, or by the counsel
appointed by the court for the person or persons so indicted or charged ; Provided ne-
vertheless, That if the said person or persons be idiotic, or not of sound mind, the court
shall empannel a jury to inquire into said fact, and on ascertaining the same, shall dis~
charge the person if an idiot, and if a lunatic, he shall be remanded to jail.

Arraignment
regulated.

Sect. 34. And be it further enacted, That all prisoners tried under this act, shall be
arraigned by being called to the bar or place of trial, and upon the prisoner or prisoners
answering to his, her or their name or names, the officer acting for the state shall pro-
ceed to read the indictment without further formality.

«' Benefit of
clergy" an-
nulled.

Sect. 35. And be it further enacted, That the benefit of clergy, in cases of homicide,
as heretofore claimed in this state, or any legal exception arising from the omission'of
the words u benefit of clergy" in this state, is abolished and declared a nullity and of
no force, so far as respects the punishment of death provided for against any person or
persons convicted of homicide in the first degree.

FORGERY.

forgery, &c. Sect. 36. Be it farther enacted, That if any person or persons shall falsely make,
forge, alter or counterfeit, or cause or procure to be falsely made, forged, altered or
counterfeited, or willingly act or assist in the falsely making, forging, altering or coun-
terfeiting any audited certificate issued by the auditor general, or any order or war-
rant issued by his excellency the Governor, or the honourable the president of the
Senate or speaker of the House of Representatives of this state, on the treasurer thereof,
for any money or other thing, or any warrant for land, issued by the justices of any
land court within this state, or any certificate, draft, order or warrant from any of the
public officers of this state, issued under or by virtue of any act or resolve of the Gene-
ral Assembly, or any deed, will, testament, bond, writing obligatory, bill of exchange,

PENAL CODE. 1811. 547

bank bill, promissory note, or order for money or goods, or acquittance or receipt for (No. 377.)
money or goods, or any indorsement or assignment of any bond, writing obligatory,
bill of exchange, bank bill, promissory note, or order for money or goods, with intent to
defraud any person or persons whatsoever, or shall utter or publish as true any or
either of them, knowing the same to be falsely made, uttered, forged or counterfeited,
every such person or persons so oifending shall, upon conviction thereof, according to How punish-
due course of law, be condemned to imprisonment and hard labour in the penitentiary
of this state, for and during a term not less than four, nor more than twelve years.

Sect. 37. And be it further enacted, That if any person or persons shall falsely make, Counterfeit-
forge, utter or pass any base metal as gold or silver coin within this state, knowing the JJ^vercoin;
same to be false, base or forged, and be thereof convicted, he, she or they shall be con- How punish-
demned to hard labour and imprisonment in the penitentiary, for and during a term not
less than five years, nor more than fourteen.

PERJURY AND SUBORNATION OF PERJURY.

Sect. 38. Be it further enacted, That if any person or persons shall commit perjury, or Perjury;

that crime committed where a lawful oath is administered, in some judicial proceedings,

to a person who swears wilfully, falsely and absolutely, in a matter material to the issue

or point in question, he, she or they shall, upon conviction thereof, be punished by a full How punish-

cd.
and complete forfeiture of all the rights of citizenship, as herein after expressed, for and

during the term of twenty years, in the same manner as if such had never been enjoyed,

i. e. shall not bear testimony in any case whatever, in any court of justice, or before any

magistrate, act as juror, exercise or hold any office of honour or profit, civil or military,

within this state, for and during the term above mentioned, and shall, by the sentence

of the court, be confined to solitude or hard labour for and during the term of not less

than three, nor more than seven years.

Sect. 39. And be it further enacted, That if any person or persons wilfully bear false when any one

_ ', . i r . i rrii suffers death

evidence against any person or persons accused oi capital crimes, whereby he, she or b means of

thev so accused, do suffer death, the same is hereby declared to be homicide ; and the the Pei"JUI7 of
*■ J ' ' J another, the

offender or offenders shall, on conviction thereof, be condemned to such penalty as is offender shall

. be punished

herein provided for homicide m the first degree. with death.

Sect. 40. And be it further enacted, That if any person or persons shall suborn or Subornation of
procure another to take such false oath. as constitutes perjury in the principal, such per-
son or persons shall, upon conviction thereof, be fined in a sum not less than three hun- How punish-
dred dollars, nor more than one thousand dollars, and be imprisoned and compelled to
hard labour, for and during a term not less than two years, nor more than five.

4 A 2

■* ihOi

548

PENAL CODE. 1811.

(No. 377.) Sect. 41. And be it further enacted, That if such false evidence condemn the person
or persons so accused to capital punishment, such suborner or suborners to such false
oath are hereby declared accessories to the fact, and shall be punished accordingly.

Names of per- Sect. 42. And be it further enacted, That for the more effectual enforcement of the
ersAo be pub- provisions contained in the first clause relative to this crime, the name or names of every
hshed. such offender or offenders shall be published at least three times in each gazette of this

state, by and under the authority of the same, and at the charge of every person or per-
sons so offending.

Two witnesses Sect. 43. And be it further enacted, That in all prosecutions for perjury or suborna-
"rosecudons ^on °f Perjurv? tne testimony of two witnesses to establish the fact shall be required.

for perjury or
subornation of

perjury. LARCENY.

Larceny; Sect. 44. Be it further enacted, That if any person or persons shall be convicted

of taking and carrying away the personal property, money or goods, of which another has
either the actual possession or the right of present possession, with design of embezzling
or converting the same, he, she or they ^shall be guilty of larceny, and being duly con-
How punish- victed thereof, shall be punished as herein after provided,
ed.

Larceny with- Sect. 45. And be it further enacted, That if the theft or larceny committed be simple

&c. or mixed, yet unaccompanied with violence or putting in fear, the offender or offenders,

How punish- being duly convicted thereof, shall restore to the party injured the thing or things stolen,
ed. . .

or value thereof, and be condemned to hard labour m a penitentiary, or such other public

institution as may be by law hereafter established, for a period not less than one year,

Proviso. nor more than three, unless herein after provided : Provided nevertheless, if the money

stolen be not above the sum of ten dollars, nor the property or goods stolen more than

the value thereof, then the term of confinement shall not exceed the term of twelve

months, nor less than of six months, in all cases restoring the party injured the property

stolen or value thereof.

steaj- of Sect. 46. And be it further enacted, That if the goods or property stolen be a horse,

horses, cattle, mare, filly, jack-ass, female ass, mule, bull, cow or heifer, or more of the species, he, she
How punish- or they who may have, committed the theft, and being duly convicted thereof, shall be

condemned to hard labour in the manner aforesaid, for a period not less than three years,

nor more than seven.

Qtherlarceny. Sect. 47. And be it further enacted, That if any person or persons shall, by fraud, and
with an intent to embezzle, obtain possession of the personal property, money or goods

PENAL CODE. 1811. 549

of which another retains the right of possession, he, she or they shall be indicted for lar- (No. 377.)
ceny, and being duly convicted thereof, shall be punished as herein before pointed out.

Sect. 48. And be it further enacted, That if one delivers personal goods or chattels to Larceny by
another for a certain specific purpose, reserving to himself the right of countermanding
such delivery, and the bailee embezzles them with dishonest intent, he shall be guilty of
larceny, and be liable to all its pains and penalties.

Sect. 49. And be it further enacted, That if a bailee converts the goods or personal
property to him bailed, after the expiration of the bailment, he shall be guilty of theft or
larceny, and being duly convicted thereof, shall suffer the punishment herein already
prescribed.

Sect. 50. And be it further enacted, That if two or more persons, having entered into Larceny com-

. . r 1 1 11 «i u nutted by per-

a combination, conspiracy or association, tor that purpose, shall commit larceny as herein sons assocu

before expressed, even though the goods stolen by each be less than the value of ten *** * £°g *hat
dollars, yet if the aggregate amount thus stolen be above the sum or value of ten dollars,
each upon conviction shall be liable to the same term of hard labour and imprisonment How punish-
as though each had committed larceny to the amount often dollars.

Sect. 51. And be it further enacted, That if any person or persons shall steal the Larceny of the

personal goods or money of a body corporate, he, she or they so offending shall be liable body corp0_

to all the pains and penalties, as though the larceny had been committed upon the per- rate ;

How punish-
sonal property of a natural person. ed.

Sect. 52. And be it further enacted, That if any person shall feloniously and forcibly Robbery;
take and carry away from the person or presence of another, his money or goods of any
value, by violence or putting in fear, the offender shall be guilty of robbery, and being
duly convicted thereof, shall restore to the party injured the property stolen, or the value How punish-
thereof, and be condemned to hard labour in a penitentiary house, or solitude, for a
period not less than three, nor more than ten years.

Sect. 53. And be it further enacted, That after the passing of this act, the larceny or Larceny of
robbery of obligations or bonds, bills obligatory, bills of exchange, promissory notes for &c
the payment of money, lottery tickets, paper bills of credit, certificates granted by, or
under the authority of the state, or of the United States, or any of them, shall be How punish-
punished in the same manner as larceny or robbery of goods and chattels.

Sect. 54. And be it further enacted, That the benefit of clergy is, in all cases of larceny Benefit of
id robbery, taken away, and that from and after
pleaded in any court of justice within this state,

and robbery, taken away, and that from and after the passing of this law, it shall not be pleadable.

550

PENAL CODE. 1811,

(No. 377.)

ARSON.

Arson ;

How punish-
ed.

Sect. 55. Be it further enacted, That all and every person and persons that shall at
any time, either in the night or day, maliciously and wilfully burn any house or houses
whatsoever, (by which is meant not only the ,dwelling-house of any person, but all out-
houses, as barns and stables,) or shall aid, abet, assist, counsel, hire or command any
person or persons to commit said oifence, and be thereof convicted according to law,
shall be sentenced to undergo confinement in the penitentiary house, for a period not
less than seven, nor more than fourteen years, at hard labour.

Accessories
thereto ;

How punish-
ed.

Sect. 56. And be it further enacted, That if any principal offender shall be convicted
of the crime of arson, it shall be lawful to proceed against any accessory, either before
or after the fact, although such principal may have been pardoned, and every such ac-
cessory shall suffer the same punishment, if he or she be convicted, as he or she should
have suffered, if the principal had been punished.

BURGLARY.

Burglary ;

How punish-
ed.

Sect. 57. Be it further enacted, That if any person or persons shall, by night, break
and enter into any dwelling-house, with an intent to commit a felony, or be accessory
thereto before the fact, and be thereof duly convicted, shall be sentenced to undergo an
imprisonment at hard labour and solitary confinement in the penitentiary house, for a
period not less than two, nor more than five years.

Other offences Sect. 58. And be it further enacted, That if any person or persons shall, in the night,
ous nature. feloniously break and enter into any dwelling-house, ware-house, store-house, barn, sta-
ble, or any other house, and shall take therefrom any money, goods or chattels, wares
or merchandize, of the value of two dollars or more ; or shall aid, assist, counsel, hire
or command any person or persons so to break into and rob any such dwelling-house,
ware-house, store-house, barn, stable, or any other house, and shall be thereof convicted,
such person or persons shall be sentenced to undergo an imprisonment at hard labour
or solitary confinement, in the penitentiary house, for a period not less than five, nor
more than twelve years.

Accessories to Sect. 59. And be it further enacted, That if any principal offender shall be convicted

be p^ceecU^ °* the crime of burglary, it shall be lawful to proceed against any accessory, either be-

»d against, fore or after the fact, although such principal felon may have been pardoned,

principal may have been pardoned.

PENAL CODE. 1811. 551

(No. 3m

RAPE.

Sect. 60. Be it further enaeted, That if any man shall have or take carnal knowledge Rape;
of any woman by force, or against her will or consent, every such person, his aiders or
abettors, shall, upon conviction thereof, be sentenced and confined to hard labour, for and How punish-
during a term not less than seven years, nor more than sixteen.

Sect. 61. And be it further enacted, That if any person shall unlawfully and carnally CarnaUmow-

know and abuse any female child under the age of ten years, whether with her consent male child un-

• • • • x. run der ten years

or against it, every such person, his aiders and abettors, upon conviction thereof, snail of ag.e.

be held and confined to solitude for a term not exceeding six months, and to hard labour How punish-
for and during a term not less than ten, nor more than twenty years.

MAIMING.

Sect. 62. Be it further enacted, That if any person or persons shall maliciously bite, Mayhem;
cut out or disable the tongue, gouge or put out the eye, slit the nose, bite or cut off the
ear, nose or lip, or cut or bite off or disable any limb or member of any person or persons,
such offender or offenders, their aiders or abettors, shall, upon conviction thereof, for How punish-
the first offence, be confined to hard labour, not exceeding seven, nor less than three
years ; and for the second offence, shall be kept to hard labour not more than twelve,
nor less than five years.

STABBING.

Sect. 63. Be it further enacted, That if any person or persons^ their aiders or abet- Stabbing 3
tors, shall be guilty of the act of stabbing any human creature, except in self-
defence, with sword, knife, dirk, or any other instrument of the like kind, for the
first offence, upon conviction thereof, shall be sentenced and confined to hard labour How punish-
or solitude, not exceeding five years, nor less than two ; for the second offence, shall be
confined in like manner, not less than five, nor exceeding ten years : Provided neverthe- Proviso.
less, that if any person or persons shall be guilty of any of the aforesaid crimes, so as
to affect the life of any human creature, every such person or persons, except as above
excepted, on conviction thereof, shall be punished as herein provided for under the head
of homicide.

552

PENAL CODE. 1811.

(No. 377.)

LIBELS.

Libel defined. Sect. 64. Be it further enacted, That a libel shall be understood to be the malicious
defamation of any person, made public by printing, writing, signs, or pictures ; and if

Punishment, such libeller shall be convicted of said offence, he shall be confined to hard labour or
solitude in a penitentiary, for a period not less than six months, nor more than three
, years. ^

The truth of Sect. 65. And be it further enacted, That in all cases of indictment for libel, the

trie seen sRti on

may be given party prosecuted shall be allowed to give in evidence the truth of the accusation, any
m evidence. jaw tQ ^ contraiy hereof notwithstanding.

Repealing
clause.

Sect. 66. And be it further enacted, That all offences herein not provided for, shall
be punished as heretofore ; and all laws and parts of laws militating against this law be,
and the same are hereby repealed.

This code Sect. 67. And be it further enacted, That the operation of this law, and all parts

free white thereof, shall be construed to extend to free white persons only,
persons.

When to ope- Sect. 68. And be it further enacted, That this law shall not go into operation, until his

i»ofp

excellency the Governor shall notify, by his proclamation, that a suitable' penitentiary
edifice is erected, and ready for the reception of convicts.

Offences com-
mitted before
this code goes
into operation,
how tried and
punished.

Sect. 69. And be it further enacted, That if any person or persons shall commit any
offence before this law goes into operation, he, she or they shall be punished under the
old law, any thing herein contained to the contrary notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.
Assented to, 16th December, 1811.

D. B. MLTCHELL, Governor

PENAL CODE. 1811. 555

AN. ACT* (No. 3/8.)

To prevent persons from setting fire to the woods at improper seasons of the year.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That from and after White per

sons setting
the first day of March next, if any white person shall knowingly and wilfully set fire to fire to woods,

the woods, or cause the same to be done, at any other time than between the 1st of p
March and 10th of April, he shall, for every such offence, on conviction thereof, before
any court having jurisdiction thereof, forfeit and pay the sum of twenty-five dollars j
and in case the person so convicted should be unable to pay the same, he shall be com-
mitted to the nearest jail for the term of ten days.

Sect. 2. And be it further enacted, That in case any slave, or free person of colour, Slaves and
should wilfully set fire to the woods as aforesaid, or cause the same to be done, on con- 0f colour, how
viction thereof, they shall, for every such offence, receive not more than thirty lashes on p^ls^nce
the bare back, to be inflicted after trial and conviction, before such courts as are or may
hereafter be provided for by law, for the trial of slaves and people of colour, within
this state : Provided, that this law shall operate and take effect only in the counties of Proviso,
Liberty, Bryan, McIntosh, Tatnall, Effingham, Scriven, Chatham and Bulloch.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

* See 2d section of the 11th division of the Penal Code of 1817, No. 381.

554 PENAL CODE. 1812.

(No. 379.) AN A-QT*

More effectually to punish the crimes of Forgery and Counterfeiting.

Preamble. WHEREAS, the laws heretofore of force in this state have been found insufficient

to restrain and punish the crimes of forgery and counterfeiting, in consequence whereof
these offences have become common, to the great loss of individuals, and diminution of
public credit : and whereas, these offences are highly criminal, in as much as they lessen
the confidence of the people in the public securities of the nation, whilst they tend to the
corruption of morals, to the injury of commerce, and the prejudice of that paper medium
which . facilitates the transmission of money, and increases the active capital of our
country :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

The counter- That if any person or persons, after the passage of this act, shall, within the limits of
feiters of bank ■, . r r • 1 • t

bills &c. and thls state? forge, counterfeit, make, prepare, engrave, stamp, print, sign, pass, utter, buy,

1 °iie Tt ° se^' excnang^5 PaYi barter, or tender in payment, the counterfeit resemblance or imita-

pass, pay, ten- tion of any bank bill or bills, note or notes, or other bill or bills, note or notes, of
der in pay-
ment, &c the the late bank of the United States, or of the bank of Augusta, or of the Planters' Bank

simp tiGCl&"ppfi

to be' felons, of the state of Georgia, or the counterfeit resemblance or imitation of any bank bill or
able with3 bills, note or notes, or other bill or bills, note or notes of any other bank or banks, in-
deathbyhang- surance company or companies, or other corporation or corporations which formerly
have been, now is or are, or hereafter may be chartered or incorporated by the authority
of the United States, or any one of them, or which formerly have been, now is or are, or
hereafter may be duly and lawfully created in any of the present or future territory or
territories of the said United States, with power to issue such note or notes, bill or bills,
whether such note or notes, bill or bills, in the charter or charters, act or acts of incorpo-
ration, maybe termed bank bills or notes, notes promissory or of credit, or are called by
any other name or names whatsoever ; and likewise whether the same be payable to any
person or persons, or his, her or their order, or to any person or persons or the bearer,
or to the bearer generally ; every such person or persons so forging, counterfeiting,
making, preparing, engraving, stamping, printing or signing such counterfeit bill or bills,
note or notes, or any of them, or causing, procuring, assisting, aiding, abetting, or being
concerned in the forging, counterfeiting, making, preparing, engraving, stamping or
printing the same, whether such counterfeit bill or bills, note or notes, or any of them,

* For the existing law relative to forgery and counterfeiting, see Penal Code of 1817, from the 47th to the
last section of the 6th division.

PENAL CODE. 1812. 555

be complete and filled up with the number, date, names of the president and cashier and (No. 379.)
payee, or any of them, or whether tne same be in blank, without such number, date,
names or signature, or any of them ; all ancTevery such person or persons so offending,
being thereof duly convicted, shall be adjudged felons, and shall suffer death by
hanging, without the benefit of clergy. And all and every such person or persons so
passing, uttering, buying, selling, exchanging, paying, bartering, or tendering in pay-
ment, such counterfeit bill or bills, note or notes, or any of them, (knowing them to be
such,) their aiders and abettors, being thereof duly convicted, shall likewise be adjudged
felons, and shall suffer death by hanging, without the benefit of clergy. And if any person Persons hav-
or persons, after the passage of this act, shall knowingly have, keep, possess, hide, conceal SSi^raero
or secrete, or aid, assist, or be concerned in the having, keeping, possessing, hiding, con- £"& JJ££it

cealing or secreting such counterfeit bill or bills, note or notes, or any of them, or who, bills, with a

fraudulent
knowing the same to be, or to have been had, kept, possessed, hid, concealed or secreted, purpose, pun-
shall not discover the same, or his, her or their knowledge thereof to some judge of the death byhang-
Superior Court, justice of the Inferior Court, or justice of the peace, within one month mS-
after such factor facts comes to his, her or their knowledge, every such person or persons
so offending, shall be fined not less than one hundred, nor more than five hundred dollars;
and shall, moreover, be publicly whipped with not less than ten,. nor more than thirty-
nine lashes, and imprisoned for not less than one, nor more than twelve months :
Provided always, that such person or persons shall not be held, taken, deemed or ad- Proviso
judged guilty, within the meaning of this clause, of any of the offences therein mentioned,
if he, she or they had kept, possessed, hid, concealed or secreted, or aided, assisted, or
was concerned in the having, keeping, possessing, hiding, concealing or secreting of such
counterfeit bill or bills, note or notes, innocently, ignorantly, and without knowing their
use or nature, or who, (knowing the same to be, or to have been had, kept, possessed,
hid, concealed or secreted,) shall not discover the same, or his, her or their knowledge
thereof as aforesaid, through innocence, ignorance and want of knowledge of their use
and nature : And provided also, that this clause shall not be held, taken, deemed or ad-
judged to extend to officers of justice, into whose hands or possession any such counter-
feit bill or bills, notes or notes may come, or who may have, keep or possess the same, in
the due and regular execution of the duty of his or their office ; and all and every such
bill or bills, note or notes, which shall or may be found upon any such offender or
offenders as aforesaid, or otherwise discovered, shall be burned and destroyed, in the Such counteu-
presence of the judge of the Superior Court, by the sheriff of that county, and at that posed of.
term of the Superior Court, when and where the conviction of such offender or offenders
is had or takes place, unless it appears that the same may probably be wanted as evi-
dence against some other person or persons ; in which event such counterfeit bill or
bills, note or notes, shall be sealed up in the presence of the judge, who shall affix his
seal thereto, and then be deposited in the office of the clerk of the Superior Court ot
such county, thence to be removed by order of the judge, if necessary*

4B 2

556

PENAL CODE. 1812.

Fraudulent al
terations of
genuine bills,
&c.

(No. 379.) Sect. 2. And be it further enacted by the authority aforesaid. That if any person or
persons, after the passage of this act, shall alter or erase any genuine bill or bills, note or
notes, of the late bank of the United States, or of the bank of Augusta, or of the
Planters' Bank of the state of Georgia ; or if any person or persons shall alter or erase
any genuine bill or. bills, note or notes, of any other bank or banks, or of any insurance
company or companies, or other corporation or corporations, which formerly has or have
been, now is or are, or hereafter may be chartered or incorporated by the authority of
the United States, or any one of them, or which formerly has or have been, now is or are,
or hereafter may be duly created in any one of the former, present or future territories of
the said United States, with power to issue or emit such bill or bills, note or notes, in
the said charter or charters, act or acts of incorporation, be termed bank bills or notes,
notes promissory or of credit, or are called by any other name or names whatsoever ;
and whether such note or notes, bill or bills, are made payable to any person or p'ersons,
or his, her or their order, or to any person or persons or the bearer, or to the bearer
generally ; or if any person or persons, after the passage of this act, by any cunning
device, slight or trick whatsoever, shall change or alter the value, sum or denomination
of the said genuine bill or bills, note or notes, or any of them, whether by changing the
old figures, or substituting or adding new ones, by discharging the ink from the said
note or notes, bill or bills, by means of any chemical preparation or process, and then
writing or printing upon the same anew, or by any other manner of means whatsoever,
with intent to increase the value of such bill or bills, note or notes, or the sum therein
mentioned or due thereupon, or with intent to defraud the said bank or banks, insurance
company or Companies, or other corporation or corporations, or any of them, or any pri-
vate person or persons whatsoever ; all and every such person or persons so altering, eras-
ing or otherwise changing the said bill or bills, note or notes, or any of them, their sum,
amount, value or denomination, with intent aforesaid, their aiders and abettors, being there-
of duly convicted, shall be adjudged felons, and shall suffer death by hanging, without the
benefit of clergy. And all and every person or persons, who, after the passage of this act,
shall pass, utter, buy, sell, exchange, pay, barter or tender in payment such bill or bills,
note or notes, or. any of them so altered, erased, or otherwise changed as aforesaid, (know-
ing them to be such,) all and every such person and persons, their aiders and abettors, be-
ing thereof duly convicted, shall likewise be adjudged felons, and shall suffer death by
hanging, without the benefit of clergy. And if any person or persons, after the passage of
this act, shall knowingly have, keep, possess, hide, conceal or secrete, or aid, assist or be
concerned in the having, keeping, possessing, hiding, concealing or secreting such bill or
bills, note or notes, (so altered, erased, or otherwise changed,) or any of them, or who,
knowing the same to be or to have been had, kept, possessed, hid, concealed, or secreted,
shall not discover the same, or his, her or their knowledge thereof, to some judge of the
Superior Court, justice of the Inferior Court or justice of the peace, within one month
after such fact or facts comes to his, her or their knowledge, every such person or per-

Punishment.

Passing1, &c.
such altered
bills.

Punishment.

Persons hav-
ing in posses-
sion, conceal-
ing, &c. such
altered bills
with a fraudu-
lent intent,
how punished.

PENAL CODE. 1812. 557

sons so offending, being thereof duly convicted, shall be fined not less than one hun- (No. 379.)

dred, nor more than five hundred dollars, and shall moreover be whipped with not

less than ten, nor more than thirty-nine lashes, and imprisoned for not less than one, nor

more than twelve months : Provided always, that such person or persons shall not be Proviso.

held, taken, deemed or adjudged guilty, within the meaning of this clause, of any of the

offences therein mentioned,' if he, she or they had kept, possessed, hid, concealed or

secreted, or aided, assisted, or was concerned in having, keeping, possessing, hiding,

concealing or secreting of such bill or bills, note or notes, or any of them, so altered,

erased or otherwise changed as aforesaid, innocently, ignorantly, "and without knowing

their use or nature ; or who (knowing the same to be, or to have been kept, possessed,

hid, concealed or secreted,) shall not discover the same, or his, her or their knowledge

thereof, as aforesaid, through innocence, ignorance and want of knowledge of their use or

nature: And provided also, that this clause shall not be taken, held, deemed or adjudged to Proviso.

extend to officers of justice, into whose hands or possession such bill or bills, note or notes,

so altered, erased or otherwise changed as aforesaid may come, or who may have, keep,

or possess the same, or any of them, in the due and regular execution of the duties of

his or their office or offices ; and all and every such bill or bills, note or notes so altered,

erased, or otherwise changed as aforesaid, and found upon any such offender or offenders

aforesaid, or otherwise discovered, shall be destroyed or otherwise disposed of, in the

like manner, and under the same restrictions as are pointed out and provided in the last

clause of the first section of this act, for the destruction or other disposition of the '

counterfeit bill or bills, note or notes therein mentioned.

Sect. 3. And be it further enacted by the authority aforesaid, That if any person or Persons vend-
J J . . ing"* purchas-

persons, after the passage of this act, shall wilfully and knowingly vend, sell, buy or ing, &c. coun-

purchase as goods or merchandize, or shall exchange, barter, traffic, utter, pass, pay or blances of

tender in payment, or hire, or. procure, or assist, or be concerned in the vending, sell- whether per-

ing, buying, purchasing, exchanging, bartering, trafficking, uttering, passing, paying or fect or mcom-

pic LCj pillrlSll*-

tendering in payment, the counterfeit resemblance upon paper of any of the bill or bills, able with
note or notes of any of the bank or banks, insurance company or companies, or other
corporation or corporations embraced, included in, referred or alluded to in the two
preceding sections of this act, whether the said counterfeit resemblance or imitation
upon paper of the said bill or bills, note or notes, or any of them, be perfect or incom-
plete, whether they or any of them be filled up with the number, date, payee's name,
and signature of the president and cashier, or whether the same be in blank, without
such number, date, name or signatures, and likewise whether such person or persons
say and acknowledge, at the time of vending, selling, buying, purchasing, exchanging,
bartering, trafficking, uttering, passing, paying or tendering the same in payment, that
they or any of the same are counterfeit or not ; every such person or persons so wil-
fully and knowingly vending, selling, buying, purchasing, exchanging, bartering, traf°

558 PENAL CODE. 1812.

(No. 379.) licking, uttering, passing, paying or tendering in payment, or aiding, abetting, hiring,
procuring, assisting or being concerned in such vending, selling, buying, purchasing,
exchanging, bartering, trafficking, uttering, passing, paying, or tendering in payment of
such counterfeit bill or bills, note or notes, knowing the same to be such, (whether the
same be in blank, and notwithstanding the same be said or acknowledged to be coun-
feit at the time,) with intent to defraud the said bank or banks, insurance company or
companies, or other corporation or corporations, or any private person or persons ;
such person or persons so offending, being duly convicted of the said offences, or any
of them, shall be adjudged felons, and shall suffer death by hanging, without the benefit
of clergy.

Persons mak- Sect. 4. And be it further enacted by the authority aforesaid, That if any person or

ing engrav- _ _ . . , • , .

ing-s, &c. of persons, alter the passage ol this act, shall engrave, imprint, stamp, dot, etch or other-

for fraudulent w*se mark or represent, or shall begin or commence engraving, imprinting, stamping,
PurP(?ses' dotting, etching, or otherwise marking or representing upon copper or other metal, or

ished with upon any other substance, the imitation or resemblance, whether perfect or incomplete,
of any of the bill or bills, note or notes of any bank or banks, insurance company or com-
panies, or other corporation or corporations, in any of the preceding sections of this act
embraced, included, mentioned, alluded or referred to, (whether the said engraving,
imprinting, stamping, dotting, etching, marking or representation be finished or not,)
except by order and for the use of the particular bank or banks, insurance company or
companies, or other corporation or corporations, whose bill or bills, note or notes, are
imitated or resembled by such plate, engraving, etching or other representation ; or if
any person or persons shall aid, abet, assist, hire, procure, or be concerned in such en-
graving, imprinting, stamping, dotting, etching, or other marking, or representation, ex-
cept by such order and for such use as aforesaid ; every such person or persons, being
thereof duly convicted, shall be adjudged felons, and shall suffer death by hanging,
Persons hav- without the benefit of clergy. And if any person or persons, after the passage of this
sion, &c. such act, shall knowingly have, keep, possess, use, hide, conceal, or secrete, or aid, assist,
p ates, &c. procure, hire, or be concerned in having, keeping, possessing, using, hiding, concealing
or secreting such plate or plates, engraving or engravings, dotting or dottings, etching
or etchings, or other representation or representations aforesaid, or any of them, or who,
knowing the same to be, or to have been had, kept, possessed, used, hid, concealed or
secreted, shall not discover the same, or his, her or their knowledge thereof to some
judge of the Superior Court, justice of the Inferior Court or justice of the peace, within
one month after such fact or facts comes to his, her or their knowledge ; every such
person or persons so offending, being thereof duly convicted, shall be fined not less
than one hundred, nor more than five hundred dollars, and shall likewise be whipped
with not less than ten, nor more than thirty-nine lashes, and imprisoned for not less
Proviso. than one, nor more than twelve months : Provided always, that such person or persons

PENAL CODE. 1812. 559

shall not be held, taken, deemed or adjudged guilty, within the meaning of this clause, (No. 379.)
of any of the offences therein mentioned, if he, she or they had kept, possessed, used,
hid, concealed or secreted, or aided, assisted, procured, hired, or was concerned in having,
keeping, possessing, using, hiding, concealing or secreting such plate or plates, engrav-
ing or engravings, dotting or dottings, etching or etchings, or • other representation or
representations aforesaid, ■ ignorantly, innocently, and without knowing their use or na-
ture, or who (knowing the same to be, or to have been had, kept, possessed, used, hid,
concealed or secreted) shall not' discover his, her or their knowledge thereof as afore-
said, through ignorance, innocence, and want of knowledge of their Use or nature : And Proviso,
provided also, that this clause shall not be held, taken, deemed or adjudged to extend to
officers of justice, into whose hands or possession such plate or plates, engraving or en-
gravings, etching or etchings, or other representation or representations may come, or
who may have, keep or possess the same, or any of them, in the due and regular execu-
tion of the duties of his or their office or offices ; and all and every such plate or plates, Such plates,

. . • &c. when dis-

engraving or engravings, dotting or dottings, etching or etchings, or other representa- covered, how

tion or representations aforesaid, found upon such offender or offenders, or otherwise lsPose
discovered, shall be broken, melted down, defaced, destroyed or otherwise disposed of,
in like manner and under the same restrictions as are pointed out and provided in the
last clause of the first section of this act, for the destruction or other disposition of the
counterfeit bill or bills, note or notes therein mentioned.

Sect, 5. And be it further enacted by the authority aforesaid, That if any person or Persons filling

up blanks, &c,
persons, after the passage of this act, shall sign, complete or fill up the blanks in any in such coun-

counterfeit imitation or imitations of any note or notes, bill or bills of any of the bank biances pun.
or banks, insurance company or companies, or other corporation or corporations, in any \shet<? w
of the four preceding sections of this act embraced, included in, mentioned, referred or
alluded to, whether by forging, or signing in writing or otherwise, any name or names
in imitation of, and purporting to be the signature or signatures, name or names of the
president or presidents, cashier or other officer or officers of any of the aforesaid banks,
insurance companies or other corporations, or whether by forging, or signing by writing
or otherwise, the name of the payee, or the date and number to any such counterfeit bill
or bills, note or notes, which were before in blank ; every such person or persons so
offending, and every person or persons concerned in aiding, abetting, assisting, hiring,
or procuring such offences, or any of them, to be done or committed, being thereof duly
convicted, shall be adjudged felons, and shall suffer death by hanging, without the be-
nefit of clergy.

Sect. 6. And be it further enacted by the authority aforesaid, That if any person or The fraudu-

• r ill 'ent mar)ufaC"

persons, after the passage oi this act, shall manufacture, make, prepare, vend, sell, buy, ture 0f bank
purchase, barter, exchange, or assist, or be concerned in manufacturing, making, prepar- pa* e

560

PENAL CODE. 1812.

(No. 379.) ing, vending, selling, buying, purchasing, bartering or exchanging, or shall hire or pro-
cure another or others to manufacture, make, prepare, vend, sell, buy, purchase barter
or exchange, any paper of that description, which is used for bank bills or notes, and
which shall contain the water mark or other private mark used upon the bill or note
paper of any of the banks, insurance companies, or other corporations in any of the pre-
ceding sections of this act mentioned, embraced, included in, referred or alluded to ;
or which shall be in imitation or resemblance of the bill or note paper of any such
banks, insurance companies 'or other corporations, though without such water mark or
other private mark-; or if any person or persons shall manufacture, make, mend, or assist
in manufacturing, making or mending the paper moulds or other necessary machines or
instruments, commonly used in the process of manufacturing or preparing paper of that
kind, or shall hire or procure another or others to manufacture, make or mend the same ; ,
or if any person or persons shall knowingly keep, hide, conceal, use, possess, or secrete,
or assist, or be concerned in keeping, hiding, concealing, using, possessing or secreting
any paper of the description aforesaid, or any paper moulds, or other machines or, instru-
ments commonly used in the manufacture or preparation of such paper, or any machines
or instruments commonly used in the making or mending of such moulds, or other in-
struments for the manufacture or preparation of such paper as aforesaid ; or who, know-
ing such paper or such moulds, machines or instruments, or any of them, to be, or to
have been kept, hid, concealed, used, possessed or secreted, shall not discover the same,
or his, her or their knowledge thereof, to some judge of the Superior Court, justice of
the Inferior Court, or justice of the peace, within one month after such fact or facts
comes to his, her or their knowledge ; all and every such person or persons so offending,
being duly convicted of the said offence, offences, or any of them, shall be fined, not
less than one hundred, nor more than five hundred dollars, and shall moreover be im-
prisoned for not less than one, and not more than twelve months, and whipped with not

Proviso. less than ten, nor more than thirty-nine lashes': Provided ahvays, that such person or

persons shall not be deemed, held, taken or adjudged guilty, within the meaning of this
clause, of any of the offences mentioned therein, if he, she or they manufactured, made,
prepared, vended, sold, bought, purchased, bartered, exchanged, mended, kept, hid, con-
cealed, used, possessed, secreted, or did not discover, or aided, assisted, hired, pro-
cured, or was concerned in the manufacturing, making, preparing, vending, selling,
buying, purchasing, bartering, exchanging, mending, keeping, hiding, concealing, using,
possessing or secreting such paper, paper moulds, or other instruments or machines be-
fore mentioned, innocently , ignorantly, and without knowing their use or nature, or by
the order and for the use of that particular bank, insurance company or other corpora-
tion, whose genuine paper such paper resembles or imitates, or the imitation or resem-
blance of whose genuine paper such paper moulds or other machines or instruments is

Proviso. or are calculated to produce : And provided also, that this clause shall not be held, taken,

deemed or adjudged to extend to officers of justice, into whose hands or possession such

PENAL CODE, 1812. 561

paper, paper moulds, or other machines or instruments, may come ; or who may have, (No. 379.)
keep or possess the same, or any of them, in the due and regular execution of the du-
ties of his or their office or offices; and all such paper, paper moulds, or other machines
or instruments aforesaid, or any of them, found upon any such offender or offenders, or
otherwise discovered, shall be burned, melted down, broken, destroyed or otherwise
disposed, in the like manner, and under the same restrictions as are pointed out and
provided in the last clause of the first section of this act, for the destruction or other
disposition of the counterfeit bill or bills, note or notes therein mentioned.

Sect. 7. And be it further enacted by the authority aforesaid, That if any person or Offences rek
persons, after the passage of this act, shall wilfully and knowingly manufacture, make, manufacture
mend, use, possess, conceal, hide or secrete, or shall aid, assist, hire, procure, or be °nStu/uement's°
concerned in the manufacturing, making, mending, using, possessing, concealing, hiding ^j'tJ1ount0e1Jor
or secreting any punch, die, stamp, mould, milling instrument, or other machine or in- silver coin,
strument, used, designed, intended or calculated for the forging or counterfeiting doub-
loons, Johannes, guineas, half guineas, Spanish milled dollars, half dollars, or quarter
dollars, or any other species of gold or silver coin, current, or which shall become
current in this state ; or who, knowing such punches, dies, stamps, moulds, milling in-
struments, or other machines or instruments aforesaid, or any of them, to be, or to have
been manufactured, made, mended, used, possessed, concealed, hid or secreted, shall not
discover the same, or his, her or their knowledge thereof, to some judge of the Superior
Court, justice of the Inferior Court, or justice of the peace, within one month after
such fact or facts comes to his, her or their knowledge ; all and every such person or
persons so offending, being duly convicted of the said offences, or any of them, shall
be fined not less^ than one hundred, nor more than one thousand dollars ; and shall Punishment,
moreover be imprisoned, not less than one, nor more than twelve months, and be pub-
licly whipped on his, her or their bare back or backs, with a whip or cowskin, with not
less than ten, nor more than thirty-nine lashes : Provided always, that such person or Provis*
persons aforesaid shall not be held, taken, deemed or adjudged guilty, within the mean-
ing of this clause, of any of the offences therein mentioned, if he, she or they manu-
factured, made, mended, used, possessed, concealed, hid, secreted or aided, assisted,
hired, procured, or was concerned in manufacturing, making, mending, using, possess-
ing, concealing, hiding or secreting such punches, dies, stamps, moulds, milling machines,
or other machines or instruments aforesaid, or any of them, innocently, ignorantly, and
without knowing their use or nature ; or who, (knowing the same to be, or to have been
manufactured, made, mended, used, possessed, concealed, hid or secreted,) shall not
discover the same, or his, her or their knowledge thereof, as aforesaid, through inno-
cence, ignorance, and want of knowledge of their use or nature : Provided also, that this Proviso
clause shall not be held, taken, deemed or adjudged, to extend to any officer or officers
of justice, into whose hands or possession such punches, dies, stamps, moulds, milling

4 C

562

PENAL CODE. 1812.

(N<>. 279.) machines, or other machines or instruments aforesaid, or any of them may come, or who
may have, keep, or possess the same, in the due and regular execution of the duty or
duties of his or their office or offices ; and all and every such punches, dies, stamps,
moulds, milling machines, or other machines or instruments aforesaid, found upon such,
offender or offenders, or otherwise discovered, shall be broken, defaced, melted down,
destroyed, or otherwise disposed of, in like manner, and under the same restrictions as
are pointed out and provided, in the last clause of the first section of this act, for the
destruction or other disposition of the counterfeit bill or bills, note or notes therein
mentioned.

Offences rela-
tive to coun-
terfeit coin.

Punishment.

Proviso.

Sect. 8. And be it further enacted by the authority aforesaid, That if any person or
persons, after the passage of this act, shall manufacture, make, gild, plate, silver, lacquer
or otherwise colour, keep, possess, conceal, hide or secrete, or cause, procure, hire, aid,
assist, or be concerned in manufacturing, making, gilding, plating, silvering, lacquering,
or otherwise colouring, keeping, possessing, concealing, hiding or secreting, any piece
or pieces of base metal, of the size, shape, form or similitude, or intended, designed or
calculated to be of the size, shape, form or similitude of any piece or pieces of the
gold or silver coin which now is, or which hereafter may become current in this state,
whether such piece or pieces of base metal so manufactured, made, gilt, plated, silvered,
lacquered, or otherwise coloured, kept, possessed, concealed, hid or secreted, be stamped,
struck, impressed or imprinted in imitation of any genuine gold or silver coin, or whe-
ther such piece or pieces of base metal be in blank, without such stamp or impression ;
every such person or persons so offending, being duly convicted of the said offences, or
any one of them, shall be fined not less than one hundred, nor more than one thousand
dollars, imprisoned for not less than one, nor more than twelve months, and whipped on
the bare back with a whip or cowskin, with not less than ten, nor more than thirty-nine
lashes : Provided always, that such person or persons shall not be held, taken, deemed
or adjudged guilty, within the meaning of this, clause, of any of the offences therein
mentioned, if he, she or they manufactured, made, gilt, plated, silvered, lacquered or
otherwise coloured, kept, possessed, hid, concealed, secreted or assisted, aided, or was
concerned in manufacturing, making, gilding, plating, silvering, lacquering, or otherwise
colouring, keeping, possessing, hiding, concealing or secreting such piece or pieces of
base metal aforesaid, innocently, ignorantly, and without knowing their use or nature :
Provided also, that this clause shall not be held, taken, deemed or adjudged to extend to
officers of justice who shall have, keep or possess such piece or pieces of base metal,
in the due and regular execution of the duties of his or their office or offices ; and all
and every such piece or pieces of base metal, found upon such offender or offenders, or
otherwise discovered, shall be melted down, broken, destroyed, or otherwise disposed
of, in like manner, and under the same restrictions as is pointed out, in the la^t clause of

PENAL CODE. 1812.

568

the first section of this act, for the destruction or other disposition of the counterfeit (No. 379.)
bill or bills, note or notes therein mentioned.

Sect. 9. And be it further enacted by the authority aforesaid, That the president or Witnesses,
presidents, cashier or cashiers, and all and every other officer and officers of all and
every of the banks, insurance companies, or other corporations in any of the preceding
sections of this act mentioned, referred or alluded to, and all and every other person or
persons injured or attempted to be injured by any of the offences in the preceding sections
of this act enumerated or described, shall be, and are hereby declared to be, good, com-
petent, and sufficient witness or witnesses in law, against any offender or offenders who
shall or hereafter may be indicted, presented, tried or arrested by virtue of this act, for
any of the offences herein enumerated or described.

Sect. 10. And be it further enacted by the authority aforesaid, That none of the The said felo-
felonies created by this act shall work corruption of blood or feiture of estate, to any workSmp.

person or persons whomsoever. tion of blood

i'-, or forfeiture

of estate
BENJAMIN WHITAKER,

Speaker of the House of Representatives.
WILLIAM RABUN,

President of the Senate.
Executive Department, Georgia.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

4 Cj2

564

PENAL CODE. 1816.

(No. 380.)

AN ACT*

To reform the Penal Code of this state, and to adapt the same to the Penitentiary

System.

Preamble.

WHEREAS, the liberty of the citizens depends upon the excellence of criminal laws,
and the proportion of punishments as nearly as may be to the different degrees of of-
fences : and whereas, sanguinary and cruel punishments are only suited to despotic and
arbitrary governments, and are totally incompatible Avith the principle of leniency and
moderation which should distinguish the re-publicans above all other political institu-
tions : and whereas, 'the adaption of the penal code to the penitentiary system is
deemed, and has been proved by experience to be, the most moral, efficacious" and mer-
ciful plan of punishment :

This code,
when to go
into opera-
tion.

BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That so soon as the penitentiary edifice of this state shall, by proclamation of the Go-
vernor, be declared in a fit condition for the reception of convicts, the following code
shall be considered in full force and operation.

FIRST DIVISION.

Persons capable of committing crimes.

A crime or 1. A crime or misdemeanor shall consist in a violation of a public law, in the corn-

defined, mission of which there shall be an union or joint operation of act and intention.

Intention how
manifested.

2. Intention will be manifested by the circumstances connected with the perpetration
of the offence and the sound mind and discretion of the person accused.

Who shall be 3. A person shall be considered as of sound mind, who is of a proper age to know

deemed of . . . , ,

sound mind. the distinction between good and evil ; or who, upon being interrogated, has a correct

conception of the offence with which he or she is accused.

* Repealed. See act of 1818, No. 382,

PENAL CODE. 1816. 565

4. An infant of such tender years as to render it improbable that he or she should (No^ S80)

be impressed with a proper sense of moral obligation, or of sufficient capacity delibe- incapable of

rately to have committed the offence, shall not be considered or found guilty of any c^™"1^
crime or misdemeanor.

5. A lunatic shall not be found guilty of any crime or misdemeanor, committed by Lunatics ex,
him or her whilst in the condition of insanity. conviction.

6. An idiot shall not be found guilty or punished for any crime or misdemeanor ^JJ^™*,
with which he or she may be charged.

7. Any person counselling, advising or encouraging an infant of such tender years, Any person
lunatic or idiot, to commit an offence, shall be prosecuted for such offence as principal, an infant, lu-
and, if found guilty, shall suffer the same punishment kas would have been inflicted on to comnut a '
said infant, lunatic or idiot, if he or she had possessed discretion,-and found guilty. puSshedT

8. A feme covert, or married woman, acting under the threats, command or coercion Feme co-

. -iii verts acting

of her husband, shall not be found guilty of any crime or misdemeanor not punishable un(jer the co-

by death or perpetual imprisonment ; and with this exception, the husband shall be pro- ^he[° h'us-

secuted as principal, and receive the punishment which otherwise would have been in- f^8^"™?1

flicted on the wife, if she had been found guilty : Provided, it appears from all the facts tion in certain

cases.

and circumstances of the case, that violent threats, command and coercion were used. The husband

liable.
Proviso.

9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless such Drunkenness

no excuse for
drunkenness was occasioned by the fraud, artifice or contrivance of other person or crimes.

persons, for the purpose of having a crime perpetrated *, and then the person or persons

so causing said drunkenness for such malignant purposes, shall be considered a principal,

and suffer the same punishment as would have been inflicted on the person committing

the offence, if he or she had been possessed of reason and sound discretion.

10. A person shall not be found guilty of any crime or misdemeanor, committed by Acts commit-

. ted by misfor-

misfortune and accident, and where it satisfactorily appears there was no design or tune and acci-

dent, not pun-
mtention. ishable.

1 1 . A slave committing a crime, not punishable with death or perpetual imprisonment, Slaves, m cer*

vcu.il CaSCS Ca"

by the threats, command or coercion of his or her owner, or any person exercising or empt from

. " . . . conviction for

assuming authority over such slave, shall not be found guilty ; and it appearing from all crimes com-

the facts and circumstances of the case, that the crime was committed by the threats, tbe threats

command and coercion of the owner, or person exercising or assuming authority over &c-<« owners

566

PENAL CODE. 1816.

(No. 380.) such slave, he or she, the said owner or person, shall be prosecuted for, and if found

Said owners, guilty of the crime, shall suffer the same punishment as he or she, the said owner or

ow pun-
ished.

which the slave is charged.

other person, would have incurred, if he or she had actually committed the offence with

A person com-
mitting a
crime under
certain violent
menaces, &c.
exempt from
conviction.
Person so
menacing how
punished.

Accessory de-
fined ;

Called a prin-
cipal in the
second de-
gree.

Accessory af-
ter the fact ;

Called a prin-
cipal in the
third degree.

12. A person committing a crime or misdemeanor, under threats and menaces, which
sufficiently show that his or her life or member was in danger, shall not be found guilty ;
and such threats and menaces being proved and established, the person or persons com-
pelling by them the commission of the offence shall be considered a principal, and suffer
the same punishment as if he, she or they had perpetrated the offence.

SECOND DIVISION.

Accessories in Crimes.

1. An accessory, is he who stands by, aids and assists, or who not being present,
aiding, abetting or assisting, hath advised and encouraged the perpetration of the crime :
he or she who thus aids^ abets or assists, or advises, or encourages, shall be called a
principal in the second degree.

2. An accessory is also a person who, after full knowledge that the crime has been
committed, conceals it from the magistrate, or harbours and projects the person charged
with, or found guilty of the crime : he or she, who thus conceals the offence, or harbours
and protects the person guilty of it, shall be called a principal in the third degree.

THIRD DIVISION.

Crimes against God.

1 . A belief in the providence of God, his existence and superintending agency, in the

concerns of individuals, and the destinies of nations, being essential to the happiness

In what crimes and morality of the people, the prosperity and welfare of the republic ; crimes against

shall consist. God, shall, therefore, consist — in denying his existence, or a future state of rewards and

punishments.

How punish-
ed.

2. Denying of God, or a future state of rewards and punishments, shall be punished,
upon conviction, with being incapacitated to give testimony in a court of justice, or of
serving in any office of honour, profit or trust in this state.

PENAL CODE. 1816. 567

(No. 380.^1
FOURTH DIVISION.

Crimes against the state and the people.

1 . Crimes against the state and its people shall consist in treason in the first degree "What shall

r - constitute

and second degree ; exciting or attempting to excite an insurrection or revolt ol slaves, crimes against

the state and
people.

2. Treason in the first degree, shall consist in levying war against the state, in the Treason in the

r- i • i • t • • i -j first degree

same, or being adherent to the enemies of the state, withm the same, giving to them aid

and comfort in this state or elsewhere ; and thereof being legally convicted of open
deed, by two or more witnesses, or other competent and credible testimony, or a volun-
tary confession, these cases shall be adjudged treason against .the state and people.
Treason in the first degree shall be punished with death.

3. Treason in the second degree shall consist in the knowledge and concealment of Treason in the

. . . . , m, . . r second de-

treason, without otherwise assenting to or participating in the same. 1 he punishment ot gree.

treason in the second degree shall be solitary confinement, or hard labour, in the peni-
tentiary, for any term not less than three years, nor longer than seven years.

4. Exciting an insurrection or revolt of slaves, or any attempt by writing, speaking or Exciting or at.

otherwise, to excite an insurrection or revolt of slaves, shall be punished with death. excite a revolt

of slaves, pun-
ished with

FIFTH DIVISION, death'

Crimes and offences against the persons of citizens or individuals.

1. Murder is the killing of a human being, with malice, express or implied, Murder de-

fined.

2. Express malice is that deliberate intention to take away the life of a fellow creature, Express ma-

lice
which is manifested by external circumstances capable of proof.

3. Malice shall be implied where no considerable provocation appears, and where all Implied ma--

lice*
the circumstances of the killing show an abandoned and malignant heart. The punish-
ment of murder shall be death.

4. Murder shall be denominated homicide in the first degree.

5. Manslaughter is homicide in the second degree. -Manslaughter is the killing of a Manslaughter
human creature without malice, express or implied, and without any mixture of delibe- e '

568

PENAL CODE. 1816.

(No. 380.) ration whatever. It must be voluntary, .upon a sudden heat of passion ; or involuntary,
in the commission of an unlawful act, or a lawful act, without due caution and circum-
spection.

Voluntary
manslaughter.

6. In all cases of voluntary manslaughter, there must be some actual assault upon the
person killing, or an attempt by the person killed to commit a serious personal injury on
the person killing. Provocation by words, threats, menaces, or contemptuous gestures,
shall be in no case sufficient to free the person killing from the guilt and crime of murder.
The killing must be the result of that sudden violent impulse of passion, supposed to be
irresistible ; for if there should appear to have been an interval between the assault or
provocation given and the homicide, sufficient for the voice of reason and humanity to
be heard, the killing shall be attributed to deliberate revenge, and punished as murder.

Punishment of 7. Voluntary manslaughter shall be punished by confinement, or labour, or solitude,
manslaughter, in the penitentiary, for a term not less than one year, nor longer than five years.

Involuntary 8. Involuntary manslaughter shall consist in the killing of a human being, without

rnnnsl 9.11 c lit gv

defined. any intention to do so ; but in the commission of an unlawful act, or a lawful act, which

probably might produce such a consequence.

In the com- 9. Involuntary manslaughter, in the commission of an unlawful act, shall be punished

mission of an .... .

unlawful act, by confinement or labour, or solitude, in the penitentiary, for a term not less than six
how punished. , . . " , , ,

months, and not longer than three years.

10. Involuntary manslaughter, in the commission or performance of a lawful act,

In the com-
mission of a
lawful act where there has not been observed necessary discretion and caution, shall be punished

caution has by confinement or labour, or solitude in the penitentiary, for a term not less than three
not been used. montns^ ancj not longer than one year.

The jury may n. In all cases of voluntary or involuntary manslaughter, the jury may recommend

recommend a

commutation the commutation of the punishment in the penitentiary for that of confinement in the

in cases of common jail of the county where the offence may have been committed, and a fine to be
manslaughter. imp0se(j at the discretion of the court ; which fine shall be paid to the clerk of the Infe-
rior Court, for the use of the poor of the county where the conviction takes place.

Justifiable ho- 12. There being no rational distinction between excusable and justifiable homicide, it
ed. shall no longer exist. Justifiable homicide is the killing of a human being in self-de-

fence, or in defence of habitation, property or person, against one who manifestly intends
or endeavours, by violence or surprise, to commit a known felony, such as murder, rape,
robbery, burglary, and the like, upon either.

PENAL CODE. 1816. 539

13. A bare fear of any of these offences, to prevent which the homicide is alleged (No. 380.)
to have been committed, however well grounded such apprehension may be, will not ]^rhaJ0n^j-f
justify or warrant the killing ; there must be an actual danger at the time, and the felony a homicide,
must have been intended.

14. If a person invades or trespasses on the property or habitation of another, not The killing of

with an intention to commit a felony, the killing shall be murder, manslaughter, or jus- wh0 has no

tifiable homicide, according to the circumstances of the case. tenThow111"

classed.

15. If a person kills another in his defence, it must appear that the danger was so Homicide in
urgent and pressing, that in order to save his own life, the killing of the other was abso-
lutely necessary ; and it must appear also, that the person killed was the assailant.

16. In no case shall a person justify the killing of another, under the pretence of ne- Plea of neces-
ssity, unless he '

sity upon himself.

cessity, unless he were wholly widiout fault, imputable by law, in bringing that neces- available.

17. Killing a slave in the act of revolt, or when the said slave resists a legal arrest, Killing a slave
shall be justifiable homicide. revolt, a&c.°

18. In all cases, the killing or maiming a slave or person of colour, shall be put upon Killing or
the same footing of criminality as the killing or maiming a white man or citizen. maiming a

son of colour.

19. If, after persuasion, remonstrance, or other gentle measures used, a forcible attack Homicide in
and invasion on the property or habitation of another cannot be prevented, it shall be foraDle*ai>
justifiable homicide to kill the person so forcibly attacking and invading on the property tac^> &c- on
or habitation of another ; but it must appear that such killing was absolutely necessary or habitation,
to prevent such attack and invasion, and that a serious injury was intended, or might ble.
accrue to the person, property or family of the person killing.

20. All other instances which stand upon the same footing of reason and justice as General rule,
those enumerated, shall be justifiable homicide.

21. The homicide appearing to be justifiable, the person indicted shall, upon his trial,* Acquittal, in

be fully acquitted and discharged. abie homi-

cide.

22. If any woman shall endeavour privately, either by herself or the procurement of An attempt to
others, to conceal the death of any issue of her body, male or female, which, if it were death of abas-
born alive, would by law be a bastard, so that it may not come to light, whether it was jJJ^^J^ by
murdered or not, every such mother, being convicted thereof, shall suffer an imprison- how punished.

4 D

570

PENAL CODE. 1816.

(No. 380.) ment at hard labour, or in solitude in the penitentiary, for any time not exceeding one
year.

How a jury 23. If the same indictment charges any woman with the murder of her bastard child,

a vvoman is as well as with the offence in the preceding section, the jury by whom such woman

chargf diet sliall be tried, may either acquit or convict her of both offences, or find her guilty of one,

ment with the anc[ aCqUit her of the other ; and if any person shall counsel, advise or direct such woman

murder of a

bastard child, to kill the child she is pregnant or goes with, and after she is delivered of such child,

and with the . .,, . , . . ... v .. , . .

foregoing of- she kills it, every such person so advising or directing, shall be deemed accessory to

fence. such murder, and shall have the same punishment as the principal shall have.

For advising a

woman pregnant with a bastard child to kill it, and after delivery she does so, adviser, how punished.

Probable 24. The constrained presumption, arising from the concealment of the death of any

proof that the .

child was born child, that the child whose death is concealed was therefore murdered by the mother,

e^ ' e^ul " shall not be sufficient or conclusive evidence to conv-jct the person indicted of the mur-
der of her child, unless probable proof be given that the child was born alive, nor unless
the circumstances attending it shall be such as shall satisfy the minds of the jury, that
the mother did, wilfully and maliciously, destroy and take away the life of such child.

In certain ca-
ses of man-
slaughter, the
felony may be
waved, and
the offender
proceeded
against for a
misdemeanor.
The felony
and misde-
meanor may
be charged in
the same in-
dictment.

25. If any person shall be charged with voluntary or involuntary manslaughter, hap-
pening in consequence of an unlawful act, it may be lawful for the attorney or solicitor
general, to wave the felony by leave of the court, and to proceed against, and charge
such person with a misdemeanor ; and such person, on conviction for said misdemea-
nor, shall be punished by paying a fine, to be appropriated as the court may direct, or
the jury recommend, not exceeding one thousand dollars ; ^nd the attorney or solicitor
general may, without obtaining the leave of the court, charge the felony and the misde-
meanor in the same indictment ; and the jury by whom the said person shall be tried,
may find said person guilty of either charge.

Mayhem de-
fined.

26. Mayhem shall consist in depriving a person, free or a slave, of a member, or dis-
figuring or rendering it useless.

Mayhems spe^
cified.

27. If any person shall unlawfully cut out or disable the tongue, put out an eye, slit
the nose, ear or lip, or cut off or disable any limb or member of another, with intention,
in so doing, to maim or disfigure such person, or shall voluntarily, maliciously, and of
purpose, pull or put out an eye or eyes while fighting, or otherwise, every such person
shall be guilty of mayhem.

Injuries to 28. A person convicted of cutting out or disabling the tongue, with the intention as

tongue, how .

punished. expressed in the previous section, shall be punished by confinement and hard labour in

the penitentiary, for a term not less than two years, nor longer than seven years.

PENAL CODE. 1816. 571

29. A person convicted of putting out an eye, with the intention, or voluntarily and (No. 380.)

maliciously, as before expressed, in fight or otherwise, shall be punished by confinement Formatting

and hard labour' in the penitentiary, for any time not less than one year nor longer than offender how

r u u punished,

five years ; and a person convicted of putting or pulling out the eyes ol another, or the Putti out

eye of another, having but one eye, with a similar intention, or voluntarily and mali- *^e jeyes of

ciously, while fighting or otherwise, shall be punished by solitary confinement and labour, the eye of a

■ person having

for and during the term of his natural life. but one, how-

punished.

30. A person convicted of biting, slitting or cutting of the nose, ear or lip of another, Maiming the

• i i i r i u nose, ear or

with the intention as before expressed, shall be punished by confinement and labour in ]jp> ^ow pun-

the penitentiary, for a term not less than one year nor longer than three years.

31. A person convicted of cutting off or disabling any limb or member of another, not For cutting off

• • r • or dibbling

herein designated, with the intention as before expressed, shall be punished by imprison- anv i;mb, &c.

ment and labour in the penitentiary, at the discretion of the court, for a term not less "° spec! . '

than one year, nor longer than five years. ment.

32. Rape is the carnal knowledge of a female forcibly and against her will. Rape defined,

33. Rape shall be punished by imprisonment at hard labour in the penitentiary, for a Punishment,
term not less than two years, nor longer than twenty years, as the jury may recom-
mend.

34. An attempt to commit a rape shall be punished by imprisonment at hard labour An attempt to
the penitentiary, fo:
jury may recommend.

commit a rape,
in the penitentiary, lor a term not less than one year, nor longer than live years, as the how punished.

35. Sodomy and bestiality, shall be punished by imprisonment at hard labour, in the Sodomy and
penitentiary, during the natural life or lives of the person or persons convicted of these how punished,
detestable crimes.

36. An attempt to commit sodomy, shall be punished by imprisonment at hard labour An attempt to

. . ill commit sodo-

m the penitentiary, lor a term not less than two years, nor longer tnan three years. my, how pun=

ished.

37. An assault is an attempt to commit a violent injury on the person of another. Assault defi-

ned.

38. A bare assault shall be punished by fine or imprisonment, in the common jail of How punish-

©d>
the county, at the discretion of the court.

4D 2

572

PENAL CODE. 1816.

(No. 380.) 39. An assault with an intent to murder, by shooting at, or stabbing, or using anj

Assault with weapon likely to produce death, shall be punished by fine, at the discretion of the court,

intent to mur- . ' .

der, how pun- and by imprisonment at hard labour in the penitentiary, for a term not less than one

year, nor longer than five years, as the jury may recommend.

General
clause.

40. All other assaults upon, or attempts against, persons not mentioned or enumerated
in this code, but heretofore indictable offences, shall be punished by fine or imprison-
ment, in the common jail of the county where the offence has been committed, at the
discretion of the court.

Battery defi-
ned.

How punish-
ed.

41. Battery is the unlawful beating of another.

• >

42. Battery shall be punished by fine or imprisonment, or both, at the discretion of
the court, in the common jail of the county where the offence may have been committed ;
and in aggravated cases, requiring greater severity, the court may, upon the recom-
mendation of the jury, punish the offender by an imprisonment in the penitentiary, at
labour, for any term not less than six months, nor longer than one year.

False impri- 43. False imprisonment is a violation of the personal liberty of a free white person or

ned citizen, and consists in confinement or detention, without sufficient legal authority.

How punish-
ed.

44. The arrest, confinement or detention of a person or a citizen by another, having
no process, warrant or legal authority to justify it, shall be punished by fine and im-
prisonment in the common jail of the county where the offence may have been committed,
or either, at the discretion of the court : in all cases of an aggravated nature the court
may, on the recommendation of the jury, order an imprisonment in the penitentiary, for
any term not longer than two years.

False impri- 45. The arrest, confinement or detention of a free person or citizen, by the warrant,

der a mani- mandate or process of a magistrate, being manifestly illegal, and showing malice,

warrant- oppression and gross ignorance of duty, the said magistrate shall be removed from

The magis- office, and be fined and imprisoned in the common jail of the county where the offence
trate issuing it .

how punished. may have been committed.

General
clause.

46. All other crimes or offences against the persons of citizens not mentioned or
enumerated in this code, but heretofore subject to prosecution by the laws adopted or in
force in this state, shall, in future, be punished by fine and imprisonment, or either, in
the common jail of the counties where said crimes and offences may have been com-
mitted, or by imprisonment at labour, or in solitude in the penitentiary, as the juries
may think proper to recommend.

PENAL CODE. 1816. 57

(No. 380/)
SIXTH DIVISION.

Crimes and offences against the habitations of citisens.

1. Crimes against the habitations of citizens shall consist of — 1st, Arson, and 2d,
Burglary.

2. Arson is the malicious and wilful burning of the house or out-house of another Arson defined
citizen.

3. Burning or setting fire to, or attempting to burn a house in a city, town or village, Arson in a
shall be punished with death. punished.

4. Burning a dwelling-house on a farm or plantation, or elsewhere, (not in a city, town Not in a city,
,or village,) shall be punished by imprisonment at hard labour in the penitentiary, for i6hed.

any time not less than two years, nor longer than five years.

5. Setting fire to a dwelling-house, with intent to burn the same, on a farm or plan- Setting fire to
tation, or elsewhere, (not in a city, town or village,) shall be punished by imprisonment house, (not in
at hard labour in the penitentiary, for a term not less than one year, nor longer than howminshed
two years.

6. Burning an out-house, such as a barn, stable or any other house, on a farm or Punishment
plantation, or elsewhere, (not in a city, town or village,) shall be punished by imprison- o^t-hcmsefnot
ment at hard labour, for any time not less than one year, nor longer than two years. m acity» &c*)

7. Setting fire to an out-hoUse, as before described, shall be punished by imprisonment Setting fire to

1 ■, -, t ■ 1 ' • r ■. ■> 1 .an out-house,

at hard labour in the penitentiary, tor any term not less than one year, nor longer than

two years.

8. The crime of burning shall be complete when the house is consumed or generally The crime of

■ . , burning, when

injured. • • complete.

9. The offence of setting fire to a house shall be complete when any attempt is made The offence

to burn, though no material injury is the consequence. to ahcrase,

when com-
1 plete.

10. Arson in the day-time, (except when committed in a city, town or village,) shall Arson in the
be punished with a shorter period of imprisonment at hard labour in the penitentiary,

at the discretion of the court, than arson committed in the night

574

PENAL CODE. 1816.

(No. 380.) 11. Arson, committed elsewhere than in a city, town or village, which produces the

Arson not in a death of any person, shall be punished with the death of the person or persons commit-

city, &c.

which pro- ting the arson.

duces the

death of any person.

Burglary de-
fined.

May be com-
mitted in the
day or night.

Burglary in
the day-time,
how punished.

12. Burglary is the breaking or entering into the dwelling or mansion-house, with
intent to commit a felony : — All out-houses contiguous to, and within the curtilage, or
protection of the mansion-house, shall be considered as parts of the mansion or dwell-
ing-house. A hired room or apartments in a public tavern, inn or boarding-house, shall
be considered as the dwelling-house of the person or persons occupying and hiring the
same.

Burglary may be committed in the day or night.

13. Burglary in the day-time, shall be punished with an imprisonment at, hard labour
in the penitentiary, for any time not less than one year, nor longer than five years.

In the night,
how punished.

14. Burglary in the night, shall be punished by imprisonment at hard iabour in the
penitentiary, for any time not less than one year, nor longer than seven years.

SEVENTH DIVISION.

Of crimes and offences relative to properly.

Robbery de-
fined.

1. Robbery is the open and violent taking of money or goods from the person of an-
other, by force or intimidation.

Robbery by 2. Robbery by open force and violence, shall be punished by restitution of the goods

open force,

&c how so stolen, or the value thereof, at the time of such taking, and by imprisonment in the

penitentiary at hard labour, or in solitude, for any time not less than one year, nor lon-
ger than five years, as the jury may recommend.

Byintimida- 3, Robberv bv intimidation, or without using force and violence, shall be punished by

tion, or with- .. . .

out fo3-ce, &c. the restitution of the goods so stolen, or the value thereof, at the time of such taking,

how punished. ,,. • ., • • iiii * i- i • r

and by imprisonment m the penitentiary at hard labour or m solitude, lor any time not

less than one year, nor longer than three years, as the jury may recommend.

When restitu- 4. if the offender has no goods, effects or estate, then the confinement shall be
tion, &c. can-
not be made, greater than the discretion of the court would otherwise impose.

confinement
to be longer,

PENAL CODE. 1816. 575

5. Theft or larceny, as contradistinguished from robbery by violence, force or inti- (No. 380.)
midation, shall consist of,— 1st. Simple theft or larceny.— 2d. Theft or larceny, from kinds' oflar-
the person. — 3d. Theft or larceny, from the house. — 4th. Theft or larceny, after a trust ceny-

or confidence has been delegated or reposed.

6. Simple larceny, is the feloniously taking and carrying away the personal goods of ^^g^06"
another.

7. Simple larceny shall embrace every theft which deprives another of his property, what s]jalldbe
or of those means or muniments by which the right and title to property may be ascer- ed under it.
tained. • ,

8. Horse stealing shall be denominated simple larceny, or theft. Horse steal-

ing.

9. The term horse shall include the animal of both sexes, and without regard to the Operation of

. r . the term

alterations which may be made by artificial means. horse.

10. Under the head of horse stealing, shall be included the theft of mule or ass, or What may be

. included un-

any animal the hoof of which is not cloven. der the head

horse stealing'.

11.' The offence shall in all cases be charged as horse stealing, but the indictment The offence,

. . . . how charged,

shall designate the sex of the animal, and give any other description by which its identity and the ani-
. , ^ • t mal how de-

may be ascertained. signaled.

12. The stealing or theft of a horse, mule or ass, shall be punished by the restitu- The stealing

ot ci hovss £$ c

tion of the animal stolen, or the value thereof at the time of such taking, and imprison- how punished.
ment at hard labour in the penitentiary, for any time not less than one year,- nor longer
than five years.

13. The stealing of horses, mules or asses, shall be punished bv the restitution of The steann&

oi horses, &c,

the animals stolen, or the value thereof at the time of such taking, and imprisonment at how punished,
hard labour in the penitentiary, for any time not less than two years, nor longer than
seven years.

14. If the offender hath no property wherewith to pay the said value, then the im- WIlfn tne of"

1 . x J l J fender cannot

prisonment at hard labour shall be enlarged to any period, as the jury may recommend, render the

_ • i_ • r • sa^ value*

but within the terms before prescribed : Provided, such enlarged period of imprison- punishment
ment would not have been inflicted if the said retribution had been made. e°5. & ** *TS~

• , Proviso,

576 PENAL CODE. 1816.

(No. 380.) 15. Cattle stealing shall include the theft or larceny of any horned animal or ani-

Catt
ing.

mals, and all animals having the hoof cloven, except hogs.

Requisite of 16. The indictment shall sufficiently describe the animal or animals, falling under

ment. tne preceding section, so that it or they may be ascertained and identified by the owner

or owners thereof.

The theft of 17. The stealing of one animal under the before given description of cattle, shall be

one animal of . - .

the foregoing punished by paying to the owner the value of the animal, and imprisonment in the com-

how punished, nion jail of the county where the offence may have been committed, or at hard labour in

the penitentiary, as the jury may recommend,* for any time not less than six months,

nor longer than one year.

The theft of 18. The stealing of animals under the foregoing description of cattle, shall be pun-

one, ished by restitution, or paying to the owner or owners the value of the animals so sto-

len, and imprisonment at hard labour in the penitentiary, for any time not less than one
year, nor longer than two years, as the jury may recommend.

Where the 19. jf the offender or offenders should not have wherewith to pay the aforesaid value,

aforesaid va-
lue cannot be the punishment may be enlarged by the court, as the jury may recommend, to the same

punishment discretionary extent as is given for a similar incapability in the case of horse stealing,
may be in-
creased.
The stealing 20. The stealing of a hog shall be punished by paying to the owner its value, and

how punished, imprisonment in the common jail of the county where the offence may have been com-
mitted, for any time not less than one month, nor longer than six months.

rhe stealing 01. The stealing of hogs shall be punished by paying to the owner or owners thereof

of hogs, how

punished. the value of said hogs, and by imprisonment in the common jail of the county, or in the

penitentiary, at hard labour, for any time not less than nine months, nor longer than two

years, as the jury may recommend.

When the of- 22. If the offender or offenders have not wherewith to pay the said value, the court

Fcnclci* csnnot ~

pay the said may, on the recommendation of the jury, exercise the same discretionary power as is
pumshment given in the preceding sections in the cases of horse and cattle stealing.

maybe en-
larged.
The changing 23. If any person or persons shall alter or change the marks or brands of any animal

marks and ~ or animals before mentioned, with an intention to claim the same, or to prevent identi-

of^aid ° -y fication by the true owner or owners thereof, the person or persons so offending shall

mals, how suffer the same punishment, and the court shall exercise the same discretion on the re-
pumshed.

PENAL CODE. 1816. 577

commendation of the jury, as is inflicted and given for the theft of the said animal or (No. 380.)
animals.

- r - -

24. All other domestic animals or creatures, which are fit for food, may be subjects What other

animals may
of larceny. be subjects of

x larceny.

25. The punishment for the theft of such domestic animals or creatures which are fit The theft of

, , . . . .. r , such, how

for food, shall be by fine or imprisonment, or both, in the common jail ot the county, punished,

as the jury may recommend.

26. Larceny may be committed of writings relating to the real or personal estate. Title papers

' subjects of

larceny.

27. If any person shall take and carry away any paper or papers, documents, deeds or offences con-

B ccrninsr title
other writings, relating to real estate, with an intention to impair, prevent or render dif- papers ;

ficult the establishment of a title to real or personal estate, or mutilate, cancel, burn, or

otherwise destroy said papers, documents, deeds or writings, with the same intention,

such person shall be considered guilty of simple larceny or theft, and punished by mi- How punish^

prisonment in the penitentiary, at hard labour or in- solitude, for any time npt less than

one year, nor longer than two years, as the jury may recommend.

28. The theft of a bond or bonds, note or notes, bank bill or bills, or any paper or The theft of

. . " , „ - . . bonds, notes,

papers securing the payment or money, or ot a receipt or receipts, or any paper or pa- bills, receipts*

pers operating as a discharge for the payment of money, shall be punished in the same ^ed°W PUB>
manner as the theft of the money the said bond or bonds, note or notes, bill or bills, or
other papers were meant to secure ; or, of the money the said receipt or receipts, or
other paper or papers, were meant to discharge the payment thereof ; the punishment
for this larceny, shall be imprisonment at hard labour, in the penitentiary, or in solitude,
for any time not less than one year, nor longer than three years, as the jury may recom-
mend.

29. Theft or larceny maybe committed of any thing or things, which, in the language Fixtures, &c,
of the law,- savours of the reality, or of any fixture or fixtures, and the punishment shall iarc"env

be fine or imprisonment, or both, in the common jail of the county, or in the peniten-
tiary, at labour, or in solitude, as the jury may recommend.

30. Plundering or stealing from a vessel in distress, or from a wreck, within the juris- Plundering

vt* sscls in dis =

dictional limits of this state, shall be punished by restitution to the owner or owners tress, how
the value of the goods or property stolen or plundered, and also imprisonment at punis
hard labour in the penitentiary, for any time not less than one year, nor longer than five
years : and if the offender or offenders hath or have not wherewith to pay the value,

4 E

578

PENAL CODE. 1816.

(No. 380.) then he or they shall be punished by an imprisonment at hard labour, for any time not
less than five years, nor longer than seven years, as the jury may recommend.

The embez-
zlement, &c.
of any bills, &c.
belonging to
any bank char-
tered by this
state, by any
officer or ser-
vant thereof,
how punished.

31. If an officer or servant, or other person employed in a bank, deriving its charter
from the legislature of this state, shall steal, secrete, or embezzle, Qr 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 checks, money or effects, entrusted with
him or the directors of said bank, such offender shall be punished by imprisonment, at
hard labour or in solitude, in the penitentiary, for any time not less than three years,
nor longer than seven years, as the jury may recommend.

The felonious
taking and
carrying away
a slave, how
punished.

32. Any person or persons, who shall feloniously take and carry away a slave, shall
be punished by paying the owner of said slave the value of said slave, and also by im-
prisonment at hard labour in the penitentiary, for any time not less than three years,
nor longer than five years ; and if the. offender or offenders have no estate or effects out
of which the said value can be paid', then the said offender or offenders shall be punished
by confinement in the penitentiary, at hard ''labour or in solitude, for any time not less
than five years, nor longer than seven years, as the jury may recommend.

Punishment
for feloniously
taking away
slaves.

33. Any person or persons who shall feloniously take and carry away slaves, shall
pay to the owners of said slaves their value, and also be imprisoned, at hard labour or
in solitude, in the penitentiary, for any time not less than three years, nor longer than
seven years, as the jury may recommend.

Inveigling
slaves from
their owners :

How punish-
ed.

34. If any person or persons' shall, by any enticement, or by giving a pass, , or by any
other means, induce a slave or slaves to run away from his, her or their- owner or
owners, with an intention feloniously to sell said slave or slaves, or otherwise to de-
prive the said owner or owners of the services of said slave or slaves, such person or
persons, so offending, shall pay the value of said slave or slaves to the owner or owners
thereof, and also be punished by imprisonment, at hard labour, for any time not less
than three years, nor longer than seven years, as the jury may recommend.

General
clause.

35. All larcenies or simple thefts of the personal goods of others, not mentioned or
particularly designated in this code, shall be punished by imprisonment in the common
jail of the county where the said offences may have been committed, or by imprison-
ment, in solitude or at hard labour, in the penitentiary, if the jury should recommend
that mode of punishment ; but no imprisonment shall be directed or ordered in the pe-
nitentiary, unless the goods stolen shall be of the value of twenty dollars.

PENAL CODE. 1816. 579

36. In every case of simple larceny or theft, where a pecuniary compensation is not (No. 380.)
mentioned in this code, the person convicted shall pay to the owner of the goods stolen, JlJjSj-JJto,
the full value of said goods, and upon doing so, the imprisonment in the common jail the payment
of the county or penitentiary shall in no case exceed one year; but if the offender is goods, &c. &c,
not able, out of any estate or effects which he may be possessed of, or by other means,
to pay the full value of the stolen goods, then the recommendation of the jury shall not
extend to inflict imprisonment at hard labour in the penitentiary for a longer period than
two years: and in every case of larceny, where, a pecuniary compensation is mention-
edr and the person convicted is not able to pay the same, then the imprisonment at hard
labour or in solitude shall be extended, as the jury may recommend : Provided, that re-
commendation is not restricted by a designation in this code of the period of punishment,

THEFT, OR LARCENY FROM THE PERSON.

37. Theft, or larceny from the person, as distinguished from robbery, before described, Larceny from
is the offence of feloniously taking any money, goods, effects or chattels, or any article nned.

of value, from the person of any other, privately, without his knowledge, in any place
whatever.

38. A person convicted, of this class of larceny shall pay, if he is able to do so, the Offender, how
amount or value of the money, goods, effects or chattels, or articles so privately. stolen,

or as much of said amount or value as he may be able to pay, and also be imprisoned
in the penitentiary, at hard labour or in solitude, for any time not less than one year,
nor longer than five years : but if the person so convicted shall not be able to pay the
said amount or value, then the punishment shall be increased to an imprisonment, at hard
labour or in solitude, for not less than three years, nor longer than seven years, as the
jury may recommend.

39. If the goods, money, chattels or effects, or any article so privately stolen from the Offender, how
person, do not amount to, or are of the value of twenty dollars, then the person con- when the
victed shall be punished, by paying to the owner of said goods, money, chattels, effects fmoun^onlv
or article, the full value thereof, and shall be further punished by imprisonment in the to $>20> or
common jail of the county where the offence may have been committed, or by imprison-
ment at hard labour, in the penitentiary, or in solitude, for any time not longer than one

year, as the jury may recommend.

40. If this offence is committed in a public place, or where many persons are assem- If the offence
bled, it shall be considered as greatly adding to the criminality of the action, and the in a public
punishment shall be proportionably increased and enlarged, as the jury may recommend, punishment
before which the conviction may take place. > enlarged.

4 E 2

580

PENAL CODE. 1816.

(No. 380.)

Genei-al
clause.

Proviso.

41. Any sort of secret or sudden taking from the person, without using intimidation
or open force and violence, shall be within this class and description of larceny, though
some small force be used by the thief to possess himself of the property. Provided
there be no resistance by the owner, or injury to his person, and all the circumstances of
the case show that the thing was taken, not so much against as without the consent of
the owner.

LARCENY FROM TI}E HOUSE.

Larceny from 42. Larceny from the house, is the entering or breaking any house, (other than a

the house de- . . ''.■".

fined. dwelling-house, or its appertenances,) with an intent to steal, or after entering or break-

ing said house, stealing therefrom any money, goods, chattels, wares, merchandize, or
any thing or things of value whatever.

Larceny from
the house,
how punished.

When a pecu-
niary equiva-
lent cannot be
rendered,
punishment
enlarged.

43. All and every person and persons, who by night or day shall, in any store, shop,
or warehouse, or any other house or building, privately and feloniously steal any goods,
wares or merchandize, or any other article or articles, thing or things of value, though
such store, shop or warehouse, or other house or building, be not actually broken open
by such offender or offenders, or shall' assist, hire or command any person to commit
such offence, shall be punished by paying the value of said goods, wares, merchandize,
article or articles, thing or things so privately stolen, and also be imprisoned, at hard
labour or in solitude, in the penitentiary, for any time not less than one year, nor longer
than five years : but if the said offender or offenders is not able to pay the said pecuniary
compensation, then the punishment shall be increased by an imprisonment at hard labour
in the penitentiary, for any time not less than two years, nor longer than seven years,
as the jury may recommend.

Entering a 44. Any person or persons, entering a house or building, as before described, with

tent to steal " mtent' to steal, but is detected and prevented from so doing, shall be punished by im-
how punished. priSonment at hard labour in the penitentiary, or in solitude, for any period not less
than one year, nor longer than three years, as the jury may recommend.

Breaking a
house with in-
tent to steal,
how punished.

45. Any person or persons, breaking any part of a house or building, as before described,
with intent to steal, but is detected and prevented from effecting such intention, shall be
punished by imprisonment, in solitude or at hard labour, in the penitentiary, for any
time not less than one year, nor longer than three years, as the jury may recommend j
but if the owner of said house or building, or any other person, be in such house at the
time of breakings and put in fear, then the said offender or offenders shall be punished
by imprisonment at hard labour in the penitentiary, for any time not less than two years,
nor longer than seven years, as the jury may recommend.

PENAL CODE. 1816. 581

46. Any person breaking and entering a house or building as before described, with (No. 380.)
intent to steal, but is detected and prevented from carrying said intention into effect, ^tre^king

shall be punished by imprisonment, in solitude or at hard labour, in the penitentiary, for and entering
r J r - a house with

any time not less than one year, as the jury may recommend ; and any person breaking such intent.

and entering any house as before described, under this class of larceny, and stealing from For b;reakin|'
said house or building any goods, wares or merchandize, article or articles, thing or stealing there-
things of value, shall pay to the owner or owners thereof the value of said goods, wares, punished.
merchandize, article or articles, thing or things of value, and be also punished by im-
prisonment at hard labour, in the penitentiary, for any time not less than two years, nor
longer than five years j^but if the offender or offenders are not able to pay the said value,
then the said offender or offenders shall be punished by imprisonment at hard labour, in
the penitentiary, for any time not less than three years, nor longer than seven years, as
the jury may recommend.

47. If the said breaking, entering and stealing be accompanied by any violence, Punishment
menace or threat, or by alarming and putting in fear' any person in said house, then the wnen the of-
imprisonment at hard labour shall be extended to the longest period mentioned under *enee 1Sjaj" ,
this class of larceny. violence, &c.

48. Entering or breaking with intent to steal, entering and stealing, breaking and The foregoing
Stealing, breaking and entering with intent to steaf, breaking and entering and stealing, tended to
from any house, building or edifice, belonging to the state or a corporate body, or ap- j y t ^
propriated for any public purpose, shall be punished in the same manner as if the offence public or any
had been committed in any private house or building, as before described under this body.

class of larceny.

49. Accessories, qy persons assisting, commanding or advising any person to commit Accessories to
any offence under this class of larceny, shall receive the same punishment as may be derthis head
inflicted on the principal or principals. how punished

50. Any person entering and stealing from any hut, tent, booth or temporary building, The foregoing
shall be punished in the same manner, as if the offence had been committed by privately te\°ded°to CX

stealing from a house or building, as before described under this class of larceny. temporary

° ° , - •« J buddings, &c-,

THEFT OR LARCENY AFTER A TRUST HAS BEEN DELEGATED OR

A CONFIDENCE REPOSED.

51. Any servant, officer or person., employed in any public department, station or Larceny after
©ffice of the government of this state, or any county of this state, or in any office of a been rep0sed.

582

PENAL CODE. 1816.

(No. 380.) corporate body, who shall embezzle, steal, secrete, or fraudulently take and carry away?
any money, goods, chattels, effects, bond or bonds, promissory note or notes, commonly
called bank bills or notes, or any other security for the payment of money, of whatever
description it may be, being, the property of said state, county or corporate body, shall
be punished by paying to said state, county or corporate body, the amount of money, or
other property, as before enumerated, so embezzled, secreted, stolen, or taken and
carried away ; and also be imprisoned in the penitentiary, at hard labour or in solitude,
for any time not longer than five years, as the jury may recommend. , i

A pecuniary-
equivalent to
be rendered.

Penitentiary
imprisonment

Any person
destroying
any deed,
lease, will,
bond, and
other instru-
ments in this
section desig-
nated ;

How punish-
ed.

52. If any person shall fraudulently or maliciously tear, burn, or in any other, way
destroy, any deed, lease, will, bond, or any other writing sealed, or any bank bill or
note, check, draft, or other security for the payment of money, or the delivery of goods,
or any certificate, or other public security of this state, or of the United States, or any
of them, for the payment of money, or any receipt, acquittance, release, discharge of
any debt, suit, or other demand ; or any transfer or assurance of money, stock, goods,
chattels, or other property, or any letter of attorney, or other power, or any day-book,
or other book of account, or any agreement or contract * whatever, with intent to de-
fraud, prejudice or injure any person or body corporate, the person so offending shall,
on conviction, be punished by paying a fine not exceeding one thousand dollars ; and
also be imprisoned in the penitentiary, at labour, hard labour, or in solitude, for any
time not less than one year, nor longer than three years, as the jury may recommend ;
but if the offender is not able to pay the said fine, then he shall be imprisoned at hard
labour, for any period of time not exceeding five years, as the jury may recommend.

Offences with 53. If any person shall knowingly, maliciously or fraudulently, cut, fell, alter or re-
marks- ° ^ move any certain boundary tree, or other allowed land-mark, to the wrong of his neigh-
bour, or any other person, he or she shall, on conviction, be punished by paying a fine
not exceeding five hundred dollars, and be imprisoned in the penitentiary, at labour,
hard labour, or in solitude, for any time not exceeding one yearv as the jury may re-
commend.

How punish
ed.

FORGERY AND COUNTERFEITING.

Any person
forging, coun-
terfeiting or
altering any
of the instru-
ments, writ-
ings or secu-
rities, in this
section desig-
nated ;

54. If any person or persons shall falsely make, forge, alter or counterfeit, or cause
or procure to be falsely made, forged, altered or counterfeited, or willingly act or assist
in falsely hiaking, forging or counterfeiting, any audited certificate, or other certificate
issued by the auditor general, or other officer authorized to issue the. same ; or any or-
der or warrant, issued by the Governor or the president of the Senate, or speaker of the
House of Representatives of the General Assembly of this state, or by any officer of
the government or authorized person, on the treasury of said state, for any money or

PENAL CODE. 1816. 583

other thing, or any warrant for land issued by the justices of any land court, or by any (No. 380.)
other tribunal, officer or person authorized to do so within this state ; or any certificate,
draft, warrant or order, from any of the public officers of this state, issued under or by
virtue of any act or resolution of the legislature, or General Assembly of this state, or
any certificate, draft, order or Warrant, issued by any court, officer or person authorized
to draw on the treasury of this state, or for public money, wherever the same may be
deposited, or any deed, will, testament, bond, writing obligatory, bill, of exchange, pro-
missory note, or order for money or goods, or any indorsement or assignment of any
bond, writing obligatory, bill of exchange, promissory note, or order for money or
goods, with intent to defraud the said state, public officer or officers, courts, or any per-
sons authorized, or any person or persons whatever ; or shall utter or publish, as true, Or who shall

litter OF T5U.b^

any false, forged, altered or counterfeited audited certificate, Governor's, president's, y^ as true
speaker's, or other public officer's, court's, or person's duly authorized, certificate, draft, ^id forged

warrant or order, so as aforesaid issued, or any deed, will, testament, bond, writing obli- altered, or

■ ■ J J* counterfeited

gatory, bill of exchange, promissory note or order for money, and goods or acquittance, instruments,
and receipt for money or goods, or any indorsement or assignment of any bond, writ-
ing obligatory, bill of exchange, promissory note, or order for money or goods, with
intent to defraud the said state, public officers, courts or persons authorized as afore-
said ; or any person or persons whatsoever, knowing the same to be so falsely made,

forged, altered, or counterfeited, every such person or persons, so offending, and being How punish

. . . . ed.

thereof convicted, shall be punished by imprisonment in the penitentiary, at hard labour,

or in solitude, for any period of time not less than two years, nor longer than ten

years^- as the jury may recommend, and shall also pay a fine not exceeding five hundred

dollars : but if the offender or offenders shall not be able to' pay the fine imposed,

then the imprisonment may be increased and enlarged, to any time not exceeding fifteen

years, as the jury may recommend.

55. If any person shall falsely and fraudulently make,' forge or counterfeit, or be con- Any person

cerned in the false and fraudulent making, forging and counterfeiting of any gold, silver ing, any J,j"dj

or copper coin, which now is, or shall be passing Or in circulation, within this state, or S)lver ?r coP°

shall falsely and fraudulently utter, publish, pay or tender in payment, any such coun- or who shall

terfeit and forged coin of gold, silver or copper, knowing the same to be forged and j^pay^ent "

counterfeited, or shall aid, abet, counsel or command the perpetration of either of the such counter-

' ' . feit coin ;

said crimes, such person shall, on conviction, be punished by a fine not exceeding five 0r shaU ai(j .

hundred dollars, and also undergo an imprisonment at labour, hard labour, or in soli- either of said
tude, in the penitentiary, for a period of time not exceeding ten years, as the jury may How punish*
lecommend : but if the person offending is not able to pay a fine, then he or she shall ed"
be punished by imprisonment at _ hard labour, for any period of time not exceeding fif-
teen years,- as the jury may recommend.

584

PENAL CODE. 1816.

(No. 380.) 56. If any person shall falsely and fraudulently make, sign or print, or be concerned

Counterfeit- m t^e fajse an(j fraudulent making, signing or printing any counterfeit note or bill, of a

ing, &c. bank

bills, notes, bank of this state, or the note or bill of any incorporated bank, whose notes or bills are

&c.

in circulation in this state, or falsely and fraudulently cause or procure the same to be

How punish- done, such person, on conviction, shall be punished by a fine not exceeding one thousand
dollars, and also undergo an imprisonment in the penitentiary, at labour, hard labour,
or in solitude, for any period not exceeding ten years, as the jury may recommend : but
if said person so offending shall not be able to pay the said fine, then he or she shall
be punished by imprisonment at hard labour, for any period of time not exceeding fif-
teen years, as the jury may recommend.'

Forgery of 57. If any person shall falsely and fraudulently make, sign or print, or be concerned

bunlt chcclcs ~r*

and drafts; m tne false and fraudulent making, signing or printing of any check or draft, upon any
bank of this state, or bank as aforesaid, or falsely and fraudulently cause the same to
be done, such person, on conviction, s
for the crime in the preceding section.

How punish- be done, such person, on conviction, .shall suffer the same punishment as is mentioned

ed.

The fraudu- 58. If any person shall falsely and fraudulently alter, or be concerned in the false and

of any genu- frudulent alteration of any genuine note, bill, check or draft as aforesaid, or falsely and
me bill, note, frau(iulentry cause or procure the same to be done, the person so offending shall suffer
ished. the same punishment as is prescribed for the crime of falsely and fraudulently making,

signing and printing any bank bill or note in the fifty-sixth section.

For fraudu- 59. If any person shall falsely and fraudulently pass, pay, or tender in payment, utter

&c. any^brg?' or publish, any false, forged, counterfeit or altered note, bill, check or draft, as afore-

ed, counter- sa\d, knowing the same to have been falsely and fraudulently forged, counterfeited or

note, &c altered, the person so offending shall, upon conviction, be punished by a fine not exceed-

offender how . ...

punished. ing one thousand dollars, and also undergo an imprisonment at labour, hard labour, or

in solitude, in the penitentiary, for any time not exceeding ten years, as the jury may re-
commend : but if the person so convicted is not able to pay the fine, then he or she shall
be punished by imprisonment in the penitentiary at hard labour, for any period of time
not exceeding fifteen years, as the jury may recommend.

For having in 60. If any person shall have in his or her possession any such false, forged, counter-
such counter- feit or altered note or notes, bill or bills, draft or drafts, check or checks, with intention:
note^&c.61 fraudulently to pass the same, such person, on conviction, shall be punished, by impri-

with intent to SOnment in the penitentiary at hard labour, for any period of time not exceeding fifteen

pass the same, * < * 7 J r ° . .

howpunished. years, as the jury may recommend.

p»fc

PENAL CODE. 1816. 58

61. If any person shall have in his or her possession any bank paper, types, plates (No. 380.)

or machinery, for the purpose of falsely or fraudulently forging and counterfeiting any p^^"^1"

notes, bills, checks or drafts as aforesaid, the person so offending shall be punished by j^™^* ^;

imprisonment at hard labour in the penitentiary, for any period of time not exceeding pose of forge-

X ry, &c. offen-

fifteen years, as the jury may recommend. derhow pun-

ished.

62. If any person shall falsely and fraudulently make, forge or counterfeit, any note, The forgery

^ Ml-01* COUnter"

bill, draft, check of or on any person, body corporate, company, or mercantile house, or feiting of any
firm, or fraudulently and falsely utter, publish, pass, pay or tender the same in pay- "nyeperson)
ment, or demand payment of the same, knowing the said bill, note, draft or check to be b°tgy£°rpo"
forged and counterfeit, such person so offending shall be punished by a fine not exceed- how punish-
ingfive hundred dollars, and also undergo an imprisonment in the penitentiary, at labour,
hard labour, or in solitude, for any period of time not exceeding ten years, as the jury may
recommend : but if such person so offending is not able to pay the said fine, then he or
she shall be punished by imprisonment at hard labour in the penitentiary, for any time
not exceeding twelve years, as the jury may recommend.

63. If any person shall fraudulently make, sign or alter, or be concerned in the frau- The forgery,
dulent making, signing or altering any other writing, with intent to defraud any person writings, not
or persons, or body corporate, or shall fraudulently cause or procure the same to be pushed' °™
done, the person or persons so offending shall, on conviction, be punished by imprison-
ment at hard labour in the penitentiary, for any period of time not exceeding five years,

as the jury may recommend. .

64. If any person shall falsely and fraudulently forge or counterfeit, or falsely be The offences

concerned in the forging and counterfeiting the great seal of this state, or any seal used countfrfeit-

for government purposes, the public and common seal of any court, office, county, or inS"> with SPr,

a corporation, or any other seal authorized by law, or shall falsely and fraudulently seals» &c- and

. . of uttering

cause or procure the same to be forged and counterfeited, or shall falsely and fraudu- any instru-

lently utter or publish any instrument or writing whatever, impressed with such forged ed with such

and counterfeit seal, knowing the same to be forged and counterfeit, the person so of- counterteit

fending shall be punished by a fine not exceeding one thousand dollars, and also undergo How punish-

an imprisonment in the penitentiary, at labour, hard labour, or in solitude, for any period e '

of time not exceeding ten years, as the jury may recommend : but if the said person so

convicted shall not be able to pay the fine imposed, then he or she shall be punished by

imprisonment in the penitentiary at hard labour, for any period of time not exceeding

fifteen years, as the jury may recommend.

65. Any person who shall draw or make a bill of exchange or promissory note, or in- Drawing, in-

y dorsing or ac-

dorse or accept the same in a fictitious name, shall be guilty of forgery, and on convic- cepting a

tion, be punished by fine equal to the amount of the bill or note so drawn, made, in- exchange in

4 F

86 PENAL CODE. 1816.

(No. 380.) dorsed or accepted, and also undergo an imprisonment at labour, hard labour, in the pe-
a fictitious nitentiary, for any period of time not exceeding five years, as the jury may recommend :
punished. but if the person so convicted is not able to pay the said fine, then he or she shall be

punished by imprisonment at hard labour, for any time not exceeding ten years, as the

jury may recommend.

Any one who 66. If any person shall put his own name to any instrument, representing himself to

name to an in- be a different person of that name, such person shall be guilty of forgery, and upon

presenting conviction, shall be punished by imprisonment in the penitentiary, at hard labour or in

himself to be soiitude, for any period of time not exceeding seven years, as the jury may recom-

son of that mend,
name, how
punished.

Fraudulently 5^ jf any pers0n shall, designedly, by colour of any counterfeit letter or writing.

goods, &c. made in any other person's name, or fictitious name, obtain from any person money,

from any one . . .

by means of goods, chattels or other valuable thing, with intent to defraud any person, mercantile

feu letter &c nouse} or body corporate of the same, the person so offending shall be punished by a
how punished. fine equa} to the value of the goods so fraudulently obtained, and also undergo an im-
prisonment in the penitentiary at labour, hard labour, or in solitude, for any period of time
not exceeding five years, as the jury may recommend : but if the person so offending is
not able to pay the fine, then he or she shall be punished by hard labour in the peniten-
tiary for any period of time not exceeding seven years, as the jury may recommend.
If the person, mercantile house or corporate body shall not have gotten a repossession
of the goods, money, chattels or other valuable thing so fraudulently obtained, the
amount of said fine shall, by order of the court, be paid over to said person, mercan-
tile house or corporate body.

EIGHTH DIVISION.

Crimes and offences against the public justice.

Perjury and 1. If any person shall wilfully and corruptly commit perjury, or shall by any means

subornation of . , -

perjury. procure or suborn any person to commit wilful and corrupt perjury, on his or her oath

or affirmation, legally administered in any judicial proceeding, matter or cause, which
may be depending in any of the courts of this state, or before any judge, justice, mayor,
alderman, or other magistrate, or before any notary public, arbitrator or clerk, or any
deposition or affidavit, taken for any purpose whatever, or in any deposition taken pur-
suant to the laws of this state, or of the rules, orders and directions of any court, judge
or arbitration, or if any person, In taking any other oath or affirmation, required by an
act of the General Assembly of this state, shall be guilty of wilfully and corruptly
making a false oath or affirmation, or if any person shall procure or suborn any other

PENAL CODE. 1816. 537

person to make any- such false oath or affirmation ; every person so offending shall, on (No. 380.)
conviction, be punished by a fine not exceeding one thousand dollars, and also undergo Punishment
an imprisonment in the penitentiary, at hard labour or in solitude, for any time not less
than three years, nor longer than ten years, as the jury may recommend; and shall,
moreover, be for ever disqualified from being a witness in any matter in controversy. .

2. Any verdict or judgment, rule or order of court, which may have been obtained or Any verdict,

. &c. obtained

entered up, shall be set aside, and be of no effect, if it shall appear that the same was through per-

obtained or entered up, in consequence of wilful and corrupt perjury. aside.

3. If any person, by wilful and corrupt perjury, shall take away the life of another, For taking

away the life
or by such wilful and corrupt perjury, convict another of an offence which by this code of any one, or

is punishable with death or perpetual imprisonment, such person shall be punished with conviction for

death or perpetual imprisonment. pudfhabTe by

death or perpetual imprisonment, by perjury, offender, how punished,

4. If any person shall, directly or indirectly, give, or offer to give, any money, goods, Bribery or an
or other bribe, present or reward, or give or make any promise, contract or agreement, ul1^.mPfoto
for the payment, delivery or alienation of any money, goods or other bribe, or use any
promises, threats, persuasions, or other like sinister, unfair or fraudulent practices, in

order to obtain or influence the opinion, judgment, decree or behaviour of any member
of the General Assembly, or any officer of this state, judge, juror, justice, referee or
arbitrator, in any discussion, debate, action, suit, complaint, indictment, controversy,
matter or cause depending, or which shall depend, before him or them, such person Howpunish-
shall, on conviction, be punished by a fine not exceeding five hundred dollars, and un- e< "
dergo an imprisonment in the penitentiary, at labour or in solitude, for any time not ex-
ceeding five years, as the jury may recommend; and the member of the General As- F°r accepting

such bribe,
sembly, or officer, judge, juror, justice, referee or arbitrator, who shall accept or receive offender, how

such bribe, shall, on conviction, be punished by a fine not exceeding one thousand dol-
lars, and undergo an imprisonment in the penitentiary, at labour, for any period of time
not exceeding ten years, as the jury may recommend.

5. If any judge^justice, mayor, alderman, clerk, sheriff, coroner or other public officer, Tne offence
or any other person whatever, shall steal, embezzle, alter, corrupt, withdraw, falsify, altering, &c.
or avoid any record, process, charter, gift, grant, conveyance or contract, or shall know- &c. and other
ingly and willingly take off, discharge or conceal, any issue, forfeited recognisance or regard to do-
other forfeiture, or shall forge, deface or falsify any document or instrument recorded, cument? an^
7 , ° ' - j. j t papers in this

or any registry, acknowledgment or certificate, or shall alter, deface or falsify any mi- section, de-

1 signated;

nute, document, book or any proceeding whatever, of or belonging to any public office

within this state ; or if any person shall cause or procure any of the offences aforesaid

4 F 2

5b8

PENAL CODE. 1816.

(No. 380.) to be committed, or to be in any wise concerned therein, the person so offending shall

How punish- be punished by a fine not exceeding one thousand dollars, and also undergo an impri-
ed. , . .

sonment in the penitentiary, at hard labour, labour, or in solitude, for any time not less

than one year, nor longer than ten years, as the jury may recommend.

Jailors, how
punished for
compelling a
prisoner to
become an ap-
prover, &c.
and for other
inhumanity.

6. If any jailor, by too great a duress of imprisonment, or other cruel treatment,
makes, or induces a prisoner to become an approver, or to aCcuse and give evidence
against some other person, or be guilty of wiiful inhumanity or oppression to any pri-
soner under his care and custody, such jailor shall be punished by removal from office,
and fined in a sum not exceeding one hundred dollars ; and moreover, undergo an im-
prisonment in the penitentiary, at hard labour or in solitude, for any time not less than
one year, nor longer than two years, as the jury may recommend.

Any officer
who shall
withhold offi-
cial records,
&c. from his
successor, or
who shall mu-
tilate, take
away or de-
stroy the
same, &.c.

How punish-
ed.

Fraudulent
acknowledg-
ments of any
recognisance,
8tc, in the
name of a per-
son not privy
thereto ;
How punish-
ed.

7. If any officer, after the expiration of the time for which he may have been appointed
or elected, shall wilfully and unlawfully withhold or detain from his successors the re-
cords, papers, documents or other writings appertaining and belonging to his office, or
mutilate, destroy, take away, or otherwise prevent the complete possession by his said
successor of said records, documents, papers or other writings ; such person, so offend-
ing, shall be sentenced to pay a fine, and to undergo an imprisonment in the common
jail of the countv, or in the penitentiary, as the jury may recommend.

8. If any person shall acknowledge, or procure to be acknowledged, in any of the
courts of this state, any recognisance, bail or judgment, in the name of any other per-
son, not privy or consenting thereto ; such person, on conviction, shall be fined in a sum
not exceeding two hundred dollars, and be imprisoned in the penitentiary at hard labour,
or in solitude, for any period of time, not exceeding three years, as the jury may re-
commend.

For resisting, 9. If any person shall knowingly and wilfully obstruct, resist or oppose any sheriff,
riff, &c. coroner or other officer of this state, or other person duly authorized, in serving or at-

tempting to serve or execute any lawful process, or order of any court, judge, justice
or arbitrators, or any other legal process whatever, or shall assault or beat any sheriff,
coroner, constable or other officer, or person duly authorized, in serving or executing
Offender how any process or order aforesaid, or for having served or executed the same ; every per-
son so offending shall, on conviction, be fined in a sum not exceeding five hundred
dollars, and also be imprisoned in the common jail of the county, for any time not ex-
^roviso. ceeding two years : Provided, any officer whatever, that may or shall assault or beat
any individual, under colour of his commission, without being compelled in self-defence
to do so, shall, on conviction, be fined in a sum not exceeding five hundred dollars, as
the jury may recommend-

PENAL CODE. 1816. 539

10. If any person shall rescue another in legal custody, on criminal process, such per- (No. 380.)

son shall receive the same punishment as the person rescued would, on conviction, be rescue of

™ * ' 'a person in

sentenced to receive, or be fined at the discretion of the court, and imprisonment in the legal custody,

under a crimi-
penitentiary, at hard labour, labour, or in solitude, for any period of time not exceeding nal process.

two years, if the jury, by whom the offender may be tried, shall think proper so to re- Punishment,

commend to the court.

11. If any person or persons shall rescue another in legal custody on civil process, The rescue of

such person or persons shall be indicted, and on conviction, shall be sentenced to pay a custody under

line equal to the amount of the debt or demand for which such process was issued ; and m Proces

1 Punishment.

if the said person or persons so rescuing shall not be able to pay the said fine, then
the said person or persons shall be imprisoned in the common jail of the county,
at the discretion of the court, or on the recommendation of the jury, in the peniten-
tiary.

12. Any person escaping after an arrest, upon criminal or other process, before or Escape after
after he or she is put in confinement, shall be fined at the discretion of the court, and p^nishecT^
imprisoned in the common jail of the county, for any period of time not exceeding one

year, as the jury may recommend.

13. If any person shall aid or assist a prisoner, lawfully committed or detained in any For aiding a

jail, for any offence against this state, or who shall be lawfully confined by any civil FaT/to^eVcapes

process, to make his or her escape from jail, although no escape be actually made ; or if tnou^ no ^s"

any person shall convey, or cause to be delivered to such prisoner, any disguise, instru- or for furaish-

..." .' ing any dis-

ment or arms, proper to facilitate the escape of such prisoner, any such person, (although guise, &c. tp

no escape or attempt to escape be actually made,) shall, on conviction, be punished by escape;

imprisonment, at hard labour, in the penitentiary, for anv time not exceeding two years, offender how

. J - J punished.

#s the jury may recommend.

14. If any person shall aid or assist any prisoner to attempt to escape from the custody For aiding a

of any sheriff, constable, officer, or other person who shall have the lawful charge of such aUempTto" ea~

prisoner, every person so offending shall, on conviction, be fined in a sum not exceed- caPe f™m„

a sheriff, &c.

ing two hundred dollars, and also undergo an imprisonment, in the penitentiary, for any Offender how

,. , , punished,

time not exceeding two years, as the jury may recommend.

15. Any person who shall aid and assist a prisoner in the penitentiary to escape, or in Assisting a

his attempt to escape therefrom, every person so offending, shall be fined at the discre- penitentiary *

tion of the court, and also be imprisoned in the penitentiary, at hard labour, for any to escaPe-

. J Punishment.

period ol time not exceeding three years, as the jury may recommend

590

PENAL CODE. 1816.

(No. 380.) 16. If any sheriff, coroner, keeper of a jail, keeper or other officer, or person employed
in the penitentiary, having any offender, guilty, or accused of, or confined for any crime,
in his custody, shall voluntarily permit or suffer such offender to escape and go at
large, every such sheriff, coroner, keeper of a jail, keeper, officer, or other person em-
ployed in the penitentiary, constable, or other officer or person so offending, shall, on
conviction, be fined in a sum not exceeding one thousand dollars, and undergo an im-
prisonment in the penitentiary, at hard labour, labour or in solitude^ for any time not
less than five years, nor exceeding seven years, as the jury may recommend, and shall
moreover, if a public officer, be dismissed from office. s

Sheriffs, coro-
ners, jailors,
penitentiary
officers, &c.
how punished
for voluntary
escapes.

Any sheriff,
&c. who shall
refuse to re-
ceive offend-
ers, or any
witness com-
mitted on the
part of the
state, or suffer
them to es-
cape after be-
ing in custody;
How punish-
ed.

Receivers or
purchasers of
stolen goods,
deemed acces-
sories after
the fact ;

Their punish-
ment.

17. If any sheriff, coroner, keeper of a jail or other officer, shall wilfully refuse to
receive any offender, charged with or guilty of an indictable offence, or committed as a
witness on the part of this state, or having such offender or witness in his custody, shall
voluntarily permit or suffer him or her to escape and go at large, then every such sheriff,
coroner, keeper of a jail, constable, or other officer or person so offending, shall, on con-
viction, be fined in a sum not exceeding one thousand dollars, and undergo an imprison-
ment in the penitentiary, for a period of time not exceeding seven years, as the jury may
recommend.

18. If any person or persons shall buy or receive any goods or chattels, that shall be
feloniously taken or stolen from any other person, knowing the same to be stolen, he,
she or they shall be taken and deemed an accessory or accessories after the fact, and
shall incur the same punishment as would be incurred and inflicted on the person or
persons conviqted of having stolen the said goods or chattels, so bought or received,
knowing the same to be stolen.

Harbouring
burglars, &c.

How punish-
ed.

19. If any person shall receive, harbour or conceal any burglars, felons or thieves
knowing them to be so, he, she or they shall be taken as accessory or accessories after
the fact, and being convicted, shall be punished by imprisonment in the penitentiary, at
hard labour or in solitude, for any time not exceeding three years, as the jury may
recommend.

Purchasers
and receivers
of stolen
goods indicta-
ble for a mis-
demeanor, /
though the7
principals be
not convicted,
&c.

20. If the principal thief or thieves cannot be taken so as to be prosecuted and con-
victed, it shall and may be lawful to prosecute every person buying or receiving any
goods stolen by such a principal thief or thieves, knowing the same to be stolen, as for
a misdemeanor, although the principal thief or thieves be not before convicted, or
whether he or they are amenable to justice or not, and on conviction, every person so
buying or receiving stolen goods, knowing them to be stolen, shall be fined in a sum
equal to the value of the goods so bought or received, and also undergo an imprison-
ment in the penitentiary, at hard labour, labour, or in solitude, for any time not exceedr

PENAL CODE. 1816. 591

ing five years, as the jury may recommend ; and this prosecution and punishment shall (No. 380.)
exempt the offender from being tried and punished as accessory, if such principal thief
or thieves shall be afterwards taken and convicted.

21. If any person shall take money, goods, chattels, lands or other reward, on promise Compounding

.... certain of-

thereof to compound any treason, exciting or attempting to stir up and excite an msurrec- fences in this

tion or revolt of slaves, murder, manslaughter, rape, soddmy, arson, forgery, burglary, ^ated"
house breaking, robbery, larceny, receiving stolen goods, or other property, escape, rescue,
breach of prison, bribery, perjury or subornation of perjury, or any other offence here-
tofore denominated felony, or any offence punishable in this code with imprisonment in
the penitentiary, at hard labour or solitude, for a period of two years or longer, every

person so offending, shall, on conviction, be fined in a sum not exceeding one thousand How punish-

..... r . ed.

dollars, or be sentenced to undergo an imprisonment in the penitentiary, for any time

not exceeding five years, or both, as the jury may recommend.

22: If any person informing or prosecuting, under pretence of any penal law, shall An informer,

compound with the offender, or direct the suit or information to be discontinued, unless un|ier a penal

it be^by leave of the court where the same is, brought, every person so offending shall, law' wno shall

on conviction, be sentenced to pay a fine equal to so much of the penalty as he or she w»tn tne of-
fender or dis-
would be entitled to if the defendant or party prosecuted had been found guilty or con- continue the

victed ; and if the person so offending is not able to pav the said proportion of the .

1 . • . ... How pumsh-

penalty, then he or she shall be sentenced to undergo an imprisonment in the penitentiary, ed.

at labour, for any time not exceeding three years, as the jury may recommend.

23. If any two or more persons shall conspire or agree falsely and maliciously to charge Conspiracy.
or indict, or to cause or procure to be charged and indicted any person, he, she or they

so offending shall, on conviction, be fined in a sum not exceeding five hundred dollars, Punishment,
and be also sentenced to undergo an imprisonment at hard labour in the penitentiary,
for a period of time not exceeding five years, as the jury may recommend.

24. If any person shall be found and adjudged a common barrator, vexing others with a common
unjust and vexatious suits, he shall, on conviction, be sentenced to pay a fine not ex- punished.
ceeding two hundred dollars ; and if the offender belongs to the profession of the law,

he shall also be disqualified from practising for the future.

25. Embracery, is an attempt to influence a jury corruptly to one side, by promises, Embracery
persuasions, entreaties, money, entertainments and the like. Every embracer who shall
procure any juror to take money, gain or profit, or shall corruptly influence a juror by per-
suasions, promises, entreaties, or by any other means, shall be punished by a fine not ex- Punishment of

. . embracers1,

eeedmg one thousand dollars, and an imprisonment in the common jail or penitentiary,

592

PENAL CODE. 1816.

(No. 380.) not exceeding three years, as the jury may recommend; and the juror convicted of

Juror, taking taking; money, gain or profit, or of corruptly being influenced as aforesaid, shall be sen-
money, &c. ° J a •
How punish- tenced to pay four times as much as he shall have taken ; or if he shall not have taken

ed- any money, or other gain and profit, a fine not exceeding one thousand dollars, and be

imprisoned in the penitentiary, at hard labour, for any time not exceeding three years,

as the jury may recommend ; and moreover be forever disqualified to act as a juror.

Malpractice 26. Any justice of the peace, charged with malpractice in office, by using oppression,

justices of the tyrannical partiality, or any other conduct unbecoming his character as an upright ma-
nunished°W gistrate in the administration, and under colour of his office, shall, upon conviction, be

sentenced to pay a fine, or to be imprisoned in the common jail of the county, as the

jury may recommend, and also be removed from office.

Sending or
delivering' any
menacing let-
ter, &c. with
intent to ex-
tort money,
&c.

27. If any person shall knowingly send or deliver any letter or writing, threatening,
or accuse another person of a crime, with intent to extort money, goods, chattels or
other valuable thing, or threatening to maim, wound, kill or murder, or to burn his or
her, house or other property, (though no money, goods, chattels or other valuable thing
be demanded,) any such person so offending shall, on conviction, be sentenced to pay a
fine not exceeding five hundred dollars, and to undergo an imprisonment at hard labour,
labour, or in solitude, for any time not exceeding two years, as the jury may recom-
mend.

General
clause.

28. Any other offences against the public justice, heretofore punishable by indictment
in the courts of this state, or which may occur, shall be punished by fine or imprison-
ment, or both, in the penitentiary, or otherwise, or common jail of -the county, on the
recommendation of the jury.

NINTH DIVISION.

Offences against the public peace and tranquillity.

Disturbers of
the public
peace;

How punish-
ed.

1. If two or more persons assemble for the purpose of disturbing the public peace,
or committing an unlawful act, and do not disperse upon being advised or commanded
so to do by a judge, justice, sheriff, constable of other public officer, persons so offend-
ing shall be guilty of a misdemeanor, and on conviction, shall be fined, or imprisoned
in the common jail of the county, as /the jury may recommend.

Rioters; 2. If two or more persons, either with or without a common cause of quarrel, do an

Their punish- unlawful act of violence, or any other act, in a violent and tumultuous manner, such
persons so offending shall be guilty of a riot, and on conviction, shall be sentenced to

ment.

PENAL CODE. 1816. 593

pay a fine, or be imprisoned in the common jail, or both, as the jury may recommend; (No. 380.)
but if the circumstances attending the riot shall be of an atrocious or aggravated na-
ture, the offenders may, upon the recommendation of the jury, be fined, and imprisoned
in the penitentiary, for any time not exceeding two years.

3. Affrays, are the fighting of two or more persons in some public place, to the ter- Affrays defin

. ed.

ror of citizens and great disturbance of the public tranquillity. Persons so offending Punishmeut

shall be indicted, and on conviction, shall be fined or imprisoned in the common jail of

the- county, or both, at the discretion of the court; and it shall be considered as a great

aggravation of this offence, if any attempt- or disobedience of the magistrate, or other

public officer commanding the peace, shall be proven.

4. If any person in this state shall deliberately challenge, by word or writing, the Challenging

• ii ii t or accepting

person of another, to fight at sword, pistol, or other deadly weapon, or 11 any person so a challenge^

challenged shall accept the said challenge, in either case, such person so giving or send- deadly wea-'
ing, or receiving any such challenge, and being convicted thereof, shall be sentenced to pons, how
pay a fine not exceeding five hundred dollars, and imprisoned in the common jail of the
county, or on the recommendation of the jury, undergo an imprisonment in the peni-
tentiary, at hard labour or labour, for any time not less than three months, nor longer
than one year.

5. If any person shall willingly and knowingly carry and deliver any written challenge, The bearer of
or verbally deliver any message purporting to be a challenge, or shall consent to be a how punished.
second in any such ' intended duel, every such person offending, and being convicted

thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, and be im-
prisoned in the common jail of the county, at the discretion of the court ; or if the jury
should recommend it, he may be imprisoned in the penitentiary, at labour or hard labour,
for any time not less than three months, nor longer than one year.

6. It shall be sufficient to form an indictment generally, against either of the princi- What proof

pals, for challenging another to fight at deadly weapons, and notwithstanding it may ™*^t t0 sg"g/

appear on the trial, that the defendant onlv accepted the challenge, it shall be sufficient tain an m<lict'
rr ■ " . . . . ment for cJ)aI'

to convict and render him liable to the penalties aforesaid ; and in like' manner, an in- lenging.

dictment against the second may be framed generally, for carrying and delivering a upon what

challenge, and the proof of the mere act of fighting, and the defendant being present ma^bVcon-

thereat, shall be sufficient to convict the defendant upon an indictment so framed ; and victed°

if the duel shall take place within this state, the mere act of fighting shall be full and

complete evidence of the charges respectively, of giving or receiving, or of carrying and

delivering a challenge, without other proof thereof.

4 G

594

PENAL CODE. 1816.

(No. 380.) 7. If any justice, or other officer bound to preserve the public peace, shall have know-
Peace officers ledge of an intention to fight with any deadly weapon, given or received, and not use
intended duel, and exert his official authority to arrest the parties and prevent the duel, such justice or
fornoTsup-6 otner officer shall, for such neglect of duty, be indicted, and on conviction, be dismiss-
pressing it. ed from office.

Any person
publishing
another as a
coward, &c.
for not accept-
ing a chal-
lenge, &c.
how punished.

8. If any person or persons shall, in any newspaper or hand-bills, written or printed,
publish or proclaim any other person or persons as a coward, or use any other oppro-
brious and abusive language, for not accepting a challenge or fighting a duel, such per-
son or persons so offending shall, on conviction, be sentenced to pay a fine not exceed-
ing five hundred dollars, or, on the recommendation of the jury, may be imprisoned in
the penitentiary at labour, for any time not exceeding one year.

The printer a
competent
witness against
the writer,
and punisha-
ble for a con-
tempt if he
refuse to dis-
close the wri-
ter's name.

9. The publisher or printer of any newspaper, hand-bill, or other publication, shall, in
all prosecutions under the last mentioned section, be summoned as a witness, and be
accepted by the court as a good witness, against the writer or writers of such publication
or hand-bill ; and if the said printer or printers, when summoned before the court, shall
refuse to give up the writer's name or names, the court shall consider him or them as the
author or authors thereof, and proceed to punish him or them accordingly.

Libel defined. 10. A libel, is a malicious defamation, expressed either by printing or writing, or by
signs, pictures and the like, tending either to blacken the memory of one who is dead, or
the honesty, virtue, integrity or reputation of one who is alive, and thereby exposing

Punishment, him to public hatred, contempt or ridicule. Every person convicted of this offence shall
be sentenced to pay a fine not exceeding one thousand dollars, and also to- undergo an
imprisonment in the penitentiary, at labour or hard labour, as the jury may recommend^
for any time not exceeding three years.

Evidence. 11. In all cases of indictment for a libel, the person prosecuted shall be allowed to give

the truth in evidence.

General
clause.

12. All other offences against the public peace shall be prosecuted and indicted as
heretofore, but the punishment, in every case, shall be fine, or imprisonment in the com-
mon jail of the county, or both, at the discretion of the court, or in the penitentiary, if
the jury shall recommend that mode of punishment.

PENAL CODE. 1816, 595

(No. 380.)
TENTH DIVISION.

Offences against the public morality, health, and police.

i. If any person shall have two wives, or two husbands, at one and the same time, For having

. . ■--.,-'.* r i 1 11 • two wiyes or

knowing of the living and existence or such wife or husband, he or she shall, on convic- two husbands

tion, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an ti offender

imprisonment at hard labour, in the penitentiary, for any time not exceeding three years, how punished,

as the jury may recommend ; and the second marriage shall be void ; but long absence

of the wife or husband, and no information of the fate of such husband or wife, shall, at

the discretion of the jury, be cause of acquittal of the person indicted.

2. If any man or woman, being unmarried, shall knowingly marry the husband or wife A single per-

• 1 r son knowingly

or another person, such man or woman shall, on conviction, be sentenced to pay a fine marrying the

not exceeding five hundred dollars, and to undergo an imprisonment at hard labour, in bandofano-

the penitentiary, for any time not exceeding three years, as the jury may recommend : theJ> how

but if the persons guilty of these offences are not able to pay the said fines, then the

punishment shall be imprisonment at hard labour, in the penitentiary, for a term not

exceeding five years, as the jury -may recommend.

3. If any person shall commit incestuous fornication or adultery, or intermarry within Incest,
the degrees of consanguinity or affinity established by law, he or she shall, on convic-
tion, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an Punishment
imprisonment in the penitentiary, for a period of time not exceeding two years, if such
imprisonment in the penitentiary shall be recommended to the court by the jury,

4. Any justice of the peace, mayor, intendant, in any county, or of any city in this justices of the

state, who of his own knowledge, or on information to him on oath made, of anv free P®*?e» &c- .

u '7 shall compel

white woman having a bastard child, which it is probable will become chargeable to the the mother of

a bastard child
county or city, he may thereupon cause a warrant, under his hand and seal, directed to (which would

the sheriff or a constable of said county or city where the case may arise, and oblige the come* charge.

offender to be brought before him, to give security to the Inferior Court of the countv able ?*[ the

, " Jj J county ) to

in the sum of one thousand dollars, for the support and education of such child or §*'ive security
,.,, .,, , ~ r ,. , , ' for its support,

children till the age ol fourteen years, cjr to discover, on oath, the father of such bastard &c. or to dis-

child ;• which being done, the said justice, mayor, intendant or aldermen, shall issue his th?fetheraof

warrant in like manner, to bring before him the person sworn to be the father of such such child"

child or children, who, on refusing to give such security as may be required for the fatherrequir-

support and education of such child or children, until he, she or they shall arrive at securify^

the age of fourteen years, and also pay, or give security to pay, all expenses incurred at

4 G2

596

PENAL CODE. 1816.

380.) the birth of such child or children, such reputed father shall be bound in a sufficient
recognisance to appear at the next Superior Court, to answer to a bill of indictment for
bastardy ; and on conviction he shall be sentenced to pay a fine, which by the court may
be deemed sufficient to support and educate the said bastard child or children until he,
she or they shall arrive at the age of fourteen years ; which fine, when-collected, shall
be paid over to the justices of the Inferior Court of the county, and by them applied to
the support and education of said bastard child or children : and the said reputed father
shall, moreover, be imprisoned in the common jail of the county, for any time not
exceeding six months, if the jury shall recommend to the court such additional punish-
ment. .".-•-•

(No

On failing to
do so, liable
to an indict-
ment for bas-
tardy.

Punishment.

The mother of
a bastard, who
shall refuse to
give the requi-
site security,
or to disclose
the father,
how punished.
Declarations,
&c. of the mo-
ther admissi-
ble on the
trial of the
reputed father

Adultery and

fornication,

&c.

Punishment.

Prosecution
may at any
time be super-
seded by mar-
riage of the
parties.

Open lewd-
ness, &c. and
keeping open
tippling-
houses on the
Sabbath.

Punishment.

5. If the mother of said child or children refuses to give security for the support and
education of said child or children, or refuses to discover the father of said child or
children, then she shall be prosecuted, fined and punished, as directed against the reputed
father. The declarations of such mother of a bastard child or children, made on oath
or affirmation, in open court, shall be given in evidence, on the trial of the man charged
by her as the father of the child or children, to convict such person of the. fornication
and bastardy.

6. Any man and woman who shall live together in an open state of adultery and forni»
cation, which will be sufficiently established by any circumstances which raise the pre-
sumption of cohabitation and unlawful intimacy, shall be severally indicted, and, on
coTiviction, such man and woman shall be severally sentenced to pay a fine not exceeding
eighty dollars ; and on conviction a second time, a fine of one hundred and sixty dollars ;
and for every repetition of the offence, a fine in the same proportion ; and moreover, be
imprisoned, if the jury shall think proper to recommend that additional punishment: but
it shall at any time be in the power of the parties to prevent or suspend the prosecution
by marriage, if such marriage can be legally solemnized.

7 . If any person shall be guilty of open lewdness, or any notorious act of public inde-
cency, tending to debauch the morals, or keeping open tippling-houses, on the Sabbath
day or Sabbath night, he or she shall be indicted, and, on conviction, shall pay a fine at
at the discretion of the court, or be imprisoned in such manner, and for such period, as the
jury may recommend.

Keepers of
disorderly
houses, how
punished.

8. If any person shall.keep and maintain a common ill governed and disorderly house,
to the encouragement of idleness, gaming, drinking or other misbehaviour „to the common
disturbance of the neighbourhood or orderly citizens, he or she shall, on -conviction, be
sentenced to pay a fine at the discretion of the court, or to be imprisoned in such man-
ner, and for such period of time, as the jury may recommend.

PENAL CODE. 1816.

9. If any person shall, for his or her emolument or livelihood, maintain and keep a (No. 380.)
lewd house, or place for the practice of fornication, either by themselves or others, he je^d houses
or she shall, on conviction, be sentenced to pay a fine at the discretion of the court, or how punished,
be imprisoned in such manner, and for such a period, as the jury may recommend.

10. If any person shall by himself, servant or other agent, for his gain or living, Keepers of

' , •" • • i ii • gaming-

keep, have, exercise or maintain a common gaming-house, table or room, or in any houses, tables
house or place occupied by him, procure or permit any persons to frequent or come how punished,
together to play for money, or any other valuable thing, at any game, he or she, on con-
viction, shall be sentenced to pay a fine at the discretion of the court, and to be impri-
soned in such manner as the jury may recommend.

11. Any person or persons who may be found playing at any game with cards, dice, Gamblers.
checks or at billiards, or any other instrument, article or articles, thing or things what-
soever, heretofore used, or which may hereafter be used for the purpose of betting upon,

or winning or. losing money, or any other thing or things, article or articles of value, or
any property, or any other article or articles, thing or things of value, on any of the
games aforesaid, or which may hereafter be invented, may be indicted ; and on convic- Their punish-
tion thereof, shall be fined in a sum not less than fifty dollars, nor more than five hun- ment*
dred dollars, as the jury may recommend ; one half for the benefit of the informer, and
the other half for the use of the county where the offence .may have been committed :
Provided also, that this act shall not be construed to extend to horse-racing, shooting Proviso,
with guns of any description used against an enemy, wrestling, jumping, foot-racing,
five-playing, pitching with quoits or dollars, or any other peaceable and civil athletic ex-
ercise of man or men not herein particularly enumerated.

And be it further enacted, That it shall be the duty of the judges of the Superior Judges to give

Courts of this state, at the opening or commencement of every court, to give in charge ^-and juries

to the grand juries respectively the substance and intention of the legislature, as con- lhe substance>
, .... . - &c. ofthesec-

tained in the several sections in this code relative to gambling. tions with re-

gard to gam-
bling.

12. And be it further enacted, That it shall be lawful for any lawful officer to Gaming

break open suspected rooms or houses, where it is commonly known that gaming is may b'e bro-

carried on, and to take any persons found gaming, and to bind them over to the next throe ?>"' T^

Superior Court to be held in and for the county where such offences mav be com- Samin& there-

J in, bound over

mitted. to the next

court.

sances.

13. All nuisances not here mentioned, which tend to annoy the community, or injure other nui-
the health of the citizens in general, or to corrupt the public morals, shall be indictable
and punishable by fines at the discretion of the court? and imprisonment of the offenders

PENAL CODE. 1816.

Suppression
of nuisances
regulated.

(No. 380.) in such manner, and for such periods of time as juries may recommend: and any nui-
sances which tend to the immediate annoyance of the citizens in general, is manifestly
injurious to the public health and safety, or tends greatly to corrupt the manners and
morals of the people, may by ord.er of any two or more justices of the peace, upon the
opinion given them by twelve citizens summoned for that purpose, order the sheriff of
the county to remove or suppress said nuisance ; and if the nuisance exists in a town or
city under the government of a mayor, intendant, aldermen, wardens, or a common
council, such nuisance, by and with the advice of said aldermen, wardens or council,
may be removed or suppressed by order of said mayor or intendant.

Butchers, &c.
selling the
flesh of a dis-
eased animal,
&c. how pun-
ished.

14. Any butcher or other person selling the flesh of any diseased animal, or other
unwholesome provisions, shall be indicted, and on conviction, for the first offence be
sentenced to pay a fine at the discretion of the court ; and for the second offence shall be
fined at the discretion of the court, and also imprisoned in such manner, and for such
period of time, as the jury may recommend.

Selling un- 15. Any baker, brewer, distiller, merchant, grocer, or other person, selling unwhole-

bread, drink, some bread, drink, or pernicious and adulterated liquors, knowing them to be so, shall
ished°W PUn* ^e indicted, and on conviction, shall be fined at the discretion of the court ; and on con-
viction for the second offence, such baker, brewer, distiller, merchant or grocer, shall
be sentenced to pay a fine at the discretion of the court, and also to undergo an impri-
sonment in such manner, and for such period of time, as the jury may recommend.

Offences with
regard to the
dissemination
of the small-
pox, how pun-
ished.

16. Any physician, surgeon or other person, wilfully endeavouring to spread the
small-pox without inoculation, or by inoculation with matter of the small-pox, or using
any other inoculation than that called vaccination, shall be indicted, and on conviction,
fined in a sum not exceeding one thousand dollars, and moreover be imprisoned in
such manner, and for such a period of time, as the jury may think proper to recommend
to the court.

Persons com- 1 7. Any person coming into this state, by land or water, from any place infected with
state from in- a contagious disease, and in violation of quarantine regulations, shall be indicted, and
tries2 ancHn on conviction, sentenced to pay a fine not exceeding five hundred dollars, and also be

violation of imprisoned in such manner, and for such period, as the iury may think proper to recom-
quarantine re- r 7 * .■'.-..•. , . . • •

gulations, how mend to the court,
punished.

Vagrants. 18. Any person wandering or strolling about, able to work or otherwise to support

himself in a reputable way, or leading an idle, immoral, profligate course of life, shall
be arrested by a warrant issued by any justice of the peace, mayor or alderman, and
bound in sufficient security for his good behaviour and future industry for one year ;

PENAL CODE. 1816. 599

and upon his refusal or failure to give such security, he shall be committed and in- (No. 380.)
dieted as a vagrant, and on conviction, shall be imprisoned in the penitentiary, at hard
labour, for such period of time as the jury may recommend to the court.

19. If any person shall be apprehended, having upon him or her any picklock, key, Rogues and
crow, jack, bit or other implement, with intent feloniously to break. and enter into any wlf0 shau *he
dwelling-house, ware-house, store, shop, coach-house, stable or out-house, or shall have deemed such
upon him any pistol, hanger, cutlass, bludgeon, or other offensive weapon, with intent felo-
niously to assault any person, or shall be found in or. upon any dwelling-house, ware-
house, store, shop, coach-house, stable or out-house, with intent to steal any goods or

chattels; every such person shall be deemed a rogue and vagabond, and on conviction, Their punish-

. • . . ., r . ment.

shall be sentenced to undergo an imprisonment in the common jail 01 the county, or in

the penitentiary, at hard labour, for such period of time as the jury shall recommend to

the court.

20. All other offences against the public morals, health, police or economy, shall be General

c1rus6
punished by fine or imprisonment in the common jail of the county, at the discretion of

the court, or in the penitentiary, in such manner, and for such period of time, as juries

may recommend.

' -, k

ELEVENTH DIVISION.
Offences committed by cheats and swindlers, and offences against the public trade.

1. If any person, by false representations of his own respectability, wealth, or mercan- Cheats and
tile correspondence and connections, shall obtain a credit, and thereby defraud any per-
son or persons of money, goods, chattels or any valuable thing, or if any person shall

cause or procure others to report falsely of his honesty, respectability, wealth or mer-
cantile character, and by thus imposing on the credulity of any person or persons obtain
a credit, and thereby fraudulently get into possession of goods, wares, merchandize, or

any valuable thing, shall be deemed a cheat and swindler, and, on conviction, shall be H°w punish

> r ... efh

sentenced to restore the prbperty so fraudulently obtained, if it can be done, and also to

pay a fine at the discretion of the court, and moreover to undergo an imprisonment in

the penitentiary, at hard labour, for any period of time not exceeding three years, as the

jury may recommend.

2. Any person using any deceitful means (other than those which have been men- General clause

as to cheating

tioned in this code) or practices in matters of fraud, shall be deemed a cheat and an$l swindling,
swindler, and, on conviction, shall be sentenced to make such restitution to the party
detx-uuded and cheated as the court may direct ; and also be fined, and undergo an

600

d3ENAL CODE. 1816.

(No. 380.) imprisonment in the common jail of the county, or in the penitentiary, as the jury may
recommend.

Cheating at
cards, dice,
&c.

How punish-
ed.

3. If any person or persons shall, by any fraud or shift, circumvention, deceit, or
unlawful trick or device, or ill practice whatever, in playing at cards, dice, or any game
or games, or in or, by bearing a share or part in the stakes, wagers, or adventures, or in
or by betting on the sides or hands of such as do or shall play, obtain or acquire to him or
themselves, or to any other or others, any money or other valuable thing or things whatever,
such person or persons so offending shall be indicted, and, on conviction, "shall be deemed
a cheat, and sentenced to pay a fine of five times the value of the money, or other things
so won as aforesaid, and also be imprisoned in the common jail of the county, or in the
penitentiary, at labour or hard labour, for such period of time as the jury may recom>
mend.

4. Any baker or other person, selling bread under the assize established by the corpo-
tion of any town, city, or the regulation's of any village, or the rules laid down by any

law, shall be deemed a cheat, and, on conviction, shall pay a fine at the. discretion of the

court, and, moreover, b

additional punishment.

Selling bread

ly established ration of any town, city, or the regulation's of any village, or the rules laid down by any

assize, how

punished.

court, and, moreover, be imprisoned, if the jury shall think proper to recommend that

Selling- by 5. If any person shall sell by false weights and measures, he or she shall be deemed a

an^rnTasures. common cheatr and on conviction, shall be sentenced to pay a fine at the discretion of
the court, and also be imprisoned, if the jury shall recommend that additional punish-
ment.

General
clause.

6. Any other deceitful and artful practice, by which individuals or the public are
defrauded and cheated, shall be punished by fine, at the discretion of the court, and
also by imprisonment, in such manner, and for such a period of time, as the jury may
recommend.

The offences
offorestalling,
&c. abolished.

Counterfeit-
ing any mark
or brand es-
tablished by
law, and other
offences with
regard there-
to';

How punish-
ed.

7. The offences of forestalling, regrating and engrossing are hereby abolished.

8. If any person shall fraudulently counterfeit, or be concerned in fraudulently coun-
terfeiting any brand or mark, directed by law, or shall fraudulently cause, or procure the
same to be done, or shall use, export, sell, exchange, barter or expose to sale, any bale,
cask, barrel, hogshead, or vessel of any kind, or any other thing, upon which a brand
or mark is directed to be made by law, with such counterfeit brand or mark, knowing
the same to be false and counterfeit ; the person so offending, his aiders, counsellors
and abettors shall, on conviction, be sentenced to pay a fine not exceeding two hundred

PENAL CODE. 1816. . 601

dollars ; and also, to undergo an imprisonment in the common jail of the county, or in (No. 380.)
the penitentiary, as the jury may recommend.

9. Any person who shall put into any bale or bales of cotton, hogshead or hogsheads, Any person
barrel or barrels, sugar cask or casks of sugar, or of rice, hogshead or hogsheads, barrel dirt, rubbish,
or barrels, cask or casks, containing pork, beef or other provisions, any dirt, rubbish, or baie Qf cotton,
other thing, for the purpose of adding to, and increasing the weight or bulk of said ^rpf^fad.
cotton, sugar, rice, beef, pork, or other provisions or things; every person guilty ding to their
of this fraudulent practice shall be, deemed a commoif cheat, and being indicted and deemed a
convicted, shall be sentenced to pay a fine, equal to the full value of said cotton, ^ punish.
sugar, rice, pork, beef or other provisions, and also to" undergo an imprisonment in the ed.
penitentiary, at hard.labour, for any time not exceeding five years, as the jury may re^
commend. ^

10. All other offences committed by cheating and deceit, or offences against the public General pro-

, vision as to of-

trade, not herein enumerated, but which may occur, or have heretofore been indictable, fences under

. , , , „ , ,. . r - .,'. . , this head not

shall be punished by fines, at the discretion or the court, and imprisonment m the com- enumerated.

mon jail of the county, or in the penitentiary, at labour, hard' labour, or in solitude, as

Juries may recommend.

TWELFTH DIVISION/
Fraudulent or malicious mischief.

1. Any person or persons who shall wilfully and maliciously set fire to or_burn any Setting fire to

, ': r • tin l -• ■• i ■ i or burning1 any

stack or stacks of corn, gram, straw, or hay, shall, on conviction, be sentenced to pay a stack. 0f corn>

fine equal to twice the value of the stack or stacks so set fire to or burnt, and to under- c*

. . . , . . i ii i r • t i How punisJi-

go an imprisonment m the penitentiary, at hard labour, tor any time not exceeding three ed.

years, as the jury may recommend : and if the said person or persons shall not be able

to pay the said fine, then he, she or they shall be imprisoned in the penitentiary, at

hard labour, not exceeding five years, ^as the jury may recommend.

2. If any person shall wilfully and maliciously set on fire, or cause to be set on fire Maliciously

. setting fire to

any woods, lands, or marshes within this state, so as thereby to occasion loss, damage, WOods, &c.

or injury to any other person, he or she shall, on conviction, be sentenced to pay a fine How punish-

- , ed,

not exceeding three hundred dollars, and to be imprisoned in the common jail of the

county, or in the penitentiary, for any period of time the jury may recommend.

3. If any person shall wilfully and maliciously set fire to any fence or fences, inclosure Setting fire to
or inclosures, or cause and procure the same to be done, he or she, on conviction, shall

(502 PENAL CODE. 1816,

(No. 380.) be sentenced to pay a fine, not exceeding five hundred dollars, and to undergo an impri-
sonment in such manner, and for such period of time, as the jury may recommend.

injuring or 4. If any person shall, unlawfully and maliciously, break down, open, cut through, in-

destroying . . , ° '

any bridge, jure or destroy any bridge, river or meadow bank, rice-dam, mill-dam, or other dams or

' ' banks, every such person so offending shall, on conviction, be sentenced to pay a fine, or

to be imprisoned in such manner^ and for such period of time, as the jury may recommend.

Maliciously 5. If any person shall maliciously maim or kill any horse, bull, steer, ox, cow, calf,

killing horses, heifer, or any animal or animals, falling under the description as before given of horses
eattle or hogs ; QY cattie? or snall maliciously maim* or kill a hog or hogs, any such person so offending
How punish- shall, on conviction, be, sentenced to pay a fine, or tote imprisoned, in such manner and
for such period of time as the jury may recommend.

injuring and ,. 6. If any person shall maliciously injure or destroy any turnpike gate or gates, or any

any turnpike Post or posts, rail or rails, wall or walls, or any chain, bar or other fence, belonging to

gate, c. any turnpike gate, or any house or houses,, to be erected for the use of any such turn-

Or works pike gate or gates, or shall wilfully and maliciously injure and destroy locks or other

erected for ■ - .

the naviga- works, erected to protect and secure the navigation of rivers ; every such person so of-

. ' fending shall, on conviction, be sentenced to pay a fine not exceeding five hundred dol-
How punish- ° *■ J °

ed. lars, and also to undergo an imprisonment in the penitentiary, at hard labour, for any

time not exceeding three years, as the jury may recommend.

Burning or 7. If any person shall wilfully and maliciously burn or set fire to ^my ship, boat or

anyvfsseT&c otner vessel, above the value of two hundred dollars, along side of any wharf, or at

^nde£ «q,Ja" anchor in any river of this state, or within any of its waters; or if any person shall wil-

alongside of fully and maliciously make, or be assisting in the making, any hole in the bottom, side,

or making' any or any other part of any ship, boat or vessel, above the value" aforesaid, or do any other

vessel1 or do- act' tending to the loss or destruction of such ship, boat or vessel at anchor, or lying as

mg any act aforesaid; everv person so offending, shall, on conviction: be sentenced to pav a fine,
tending to its J r ° r J

destruction ; not exceeding one thousand .dollars, and to undergo an imprisonment in the penitentiary,
How punish- at harc[ labour, for any period of time not exceeding ten years, as the jury may recom-
mend.

General 8. All other acts of malicious and fraudulent mischief, not here enumerated, but

standing upon the same footing of reason and justice, or which are "indictable offences
by the laws in force in this state, shall be punished by a fine, or imprisonment in the
common jail of the county, at the discretion of the court, or by imprisonment in the
penitentiary, in such manner as the jury to whom the case- is submitted shall recom-
mend.

PENAL CODE. 1816. 605

(No. 380.)
ACCESSORIES.

9. Accessories, or persons aiding, advising or assisting in and to the perpetration of Accessories;
offences, where the punishments are not provided for in this code, shall be punished in
the following manner : Accessories, before the fact, aiders, abettors or advisers, shall Before the
receive the same punishment as' is directed to be inflicted on the principals, unless the
juries by whom such accessories, aiders, abettors or advisers shall, be tried, recommend
a mitigation of such punishment, or a different punishment; and then the punishment
shall be according to the recommendation of said juries.

Accessories after the fact, shall be punished by fine or imprisonment, in the common After the fact,
jail of the county, or both, at the discretion of the court : but if the jury by whom such
accessories shall be tried, shall think proper to recommend imprisonment in the peni-
tentiary, such punishment sO recommended shall be adopted and inflicted.

INDICTMENTS.

11. Every indictment or accusation of the grand jury shall be deemed sufficiently Indictments,
J # . ' ■ r when suffi-

technical and correct, which States the offence in the terms and language of this code, ciently tech-

T11C3.1 £LnQ. COl*-

or so plainly, that the nature of the offence charged may be easily understood by the rect
jury.

The form of every indictment or accusation, shall be as follows :

Georgia-, 1 The grand jurors, sworn, chosen, and selected for the county Form of an in-

dictment.

County, J of to wit ,: in the name and hehalf of i;he citizens of

Georgia, charge and accuse A. B. of

with the offence of for the said A. B. (here state the offence, the

time and place of committing the same, with sufficient certainty,) contrary to the laws
of said state, the good order, peace and dignity thereof.

If there should be more than one count, each additional count shall commence with Commence-
,-.'.« ment of each

the following form : additional

count.

" And the jurors aforesaid, in the name and behalf of the citizens of Georgia, fur-
ther accuse and charge A. B. with having committed, (here state the offence as before
directed,) for that, &£."

4H2

604

PENAL CODE. 1816.

(No. 380.) Every exception as to form, and not substantially affecting the offence, shall be made

Formal excep- before trial, and not after, and if sustained, a new indictment shall be presented; and no

tion. .

Motion in ar- motion in. arrest of judgment, not affecting the merits of the offence, shall be sustained

rest of judg- ky t^e court . but a new triai may be granted by the court to afford an amendment to the
New trial. indictment, or more full discussion on the real merits of the offence. An indictment
may be at any time amended, with leave of the court, after argument.

Prosecutor's 12. Upon every indictment, the principal witness or prosecutor's name shall be in-

dorsed on the" dorsed, who upon the acquittal or discharge of the person accused, shall be compelled
indictment. tQ pa^ arj costs which have accrued, if the grand jury, by their, foreman^ upon returning
for costs. " No bill," express it as their opinion, that the prosecution was unfounded or malicious,

or if the petit jury, upon returning a verdict of" Not guilty," shall express a similar

opinion.

ARRAIGNMENT, TRIAL, AND VERDICT.

Arraignment 13. No person indicted, unless it be for a felony, or for an offence which may sub-

in the bar- . , . . . . . , . , r , r *

dock. Ject him, on conviction, to an imprisonment in the penitentiary, tor the term of three

years, shall be put for his arraignment in the bar-dock, or other place set apart in a

court-room for arraignment of criminals.

On what occa- l4. Every person charged with a felony, or any offence which may subject him, on
sions a copy . . . . , . r ; r i i n i

of the indict- conviction, to imprisonment in )the penitentiary tor the term ot three years, shall be

roent and a hst furnished, previous to his arraignment, with a copy of the indictment, and a list of the

es who gave witnesses who cave testimonv before the grand iurv-
testimony be- K . ■ J J J

fore the grand jury, shall be furnished for the party accused.

Said copy, &c. l£. Every person charged with an offence, shall, at his or her request, or the request

ed on request °f n*s or 'her counsel, be furnished with a copy of the indictment, and the aforesaid list

to any one ac f witnesses.

cused. ' • '

Plea of " not
guilty," how
put in.

16. Upon the arraignment of a prisoner, it shall be sufficient, without complying with
any other form, to declare orally by himself or herself, or his or her counsel, that he or
she is " Not guilty ;" which declaration or plea shall be immediately put upon the mi-
nutes of the court by the clerk, and the mention of the arraignment and such declara-
tion or plea, shall constitute the issue between the prisoner ancHheN people of this state ;
and if the clerk should neglect to insert in the minutes the said arraignment and plea,,
it may and shall be done at any time, by order of the court, ,and then the error or mis-
take of the clerk shall be cured.

PENAL CODE. 1816. 605

17: If the person pleads a Guilty," or is mute, on accusation of felony, the court (No. 380.)
shall, notwithstanding, direct the declaration of " Not guilty," to be put upon the mi- ^g "band's

nutes, and the trial shall proceed in the same manner it would have done, if the prisoner, mute» or .

r ■ ■ ' pleads guilty

ot his or her counsel, had plead " Not guilty." on a charge of

felony, what
to be done.

18. The plea of " Not guilty," recorded on the indictment for any offence, which does The plea of
not require the formality of an arraignment, shall be deemed sufficient to constitute the re corded on
issue between the prisoner and the people of this state; and if the attorney or solicitor an mdictment,
general, or other person prosecuting in behalf of this state, shall neglect to have said raignment is

plea recorded, it may at any time, during or after trial, be ordered to be done by the shall be a suf-

, , i t ii i i r ficient issue,.

court, and such order shall cure the error or delect. , &c>

19. No prisoner shall be brought into court for arraignment or trial, tied, bound or No prisoner to

fettered, nor shall such prisoner be tied, bound or fettered, unless the court shall deem ;nto colUrt

it necessary, during his or her arraignment or trial : and if the health of the prisoner, Dount1' &c-

Under what
or other circumstances, may appear to render it more convenient to the prisoner and his circumstances

counsel, that he or she should not be placed for his or her arraignment, or during his or be removed

her trial, within the bar-dock, or other place assigned in the court-room for criminals, fr°m the bar-

the court may grant the indulgence of removing the prisoner to any other place in said

court-room, or contiguous^to it, requested by the prisoner or his or her counsel. f'.,-'

20. Every person indicted for a felony or crime, which may subject him or her, on Peremptory

. . , , r • . . ^i • - challenges,

conviction, to death, or five or more years imprisonment in the penitentiary, may pe-
remptorily challenge twenty of the jurors empannelled to try him or her : and on all
other offences punishable with hard labour, the person indicted shall be allowed twelve
peremptory challenges.

21. On every trial for an offence contained in this code, or for any offence, the jury Juries judges
shall be judges of the law and the fact, and shall, in every case, give a general verdict fact

of " Guilty" or " Not guilty ;" and on the acquittal of any offender, no new trial shall, Verdict.

on any account, be .granted by the court. No new trial

after acquittal.

22. Every person against whom a bill of indictment is found, shall be tried at the Trial, when to
term of the court the indictment is found, unless the absence of a material witness or k p
witnesses, or the principles of justice, should require a postponement of the trial, and

then the court shall allow a traverse or postponement of the trial until the next term of

the court ; and any person, indicted for an offence not affecting his or her life, and de- Any person

. indicted for an

mandihg a trial, which demand shall be placed upon the minutes of the court, shall be offence not af-

• lectins' life

discharged, upon his or her giving bail to appear at the next court; and if not tried at wi10 may d'e_

said court; shall be absolutely discharged and acquitted of the offence contained in the JJ|JJibg^J/

ed, and if not tried at the next term, discharged,

606

PENAL CODE. 1816.

(No. 380.)
Proviso.

Any one de-
manding-atrial
at the first
court after the
finding of a
bill, shall be
discharged if
the prosecut-
ing officer can
assign no good
reason for put-
ting off the
trial.

Nole prose-
qui, when in-
admissible.
When a pri-
soner is con-
victed on more
than one in-
dictment ;
Sentences,
how executed.

indictment: Provided, that at both terms juries were empannelled and able to try such
offender ; and every person against whom a bill of indictment has been found, who ap-
pears and demands his or her trial, at the first term after such bill shall have been found,
and the officer prosecuting in behalf of the people, cannot assign some legal or satisfac-
tory reasons for wishing a postponement of the ^trial, such as the absence of a material
witness or witnesses, and a well grounded expectation of being able to proceed on said
trial at the next term ; then the person so indicted and demanding his or her trial, shall
be absolutely discharged and acquitted of the offence contained and charged in the in-
dictment; and in no case shall a nole prosequi be entered on any bill of indictment,
after the case has been submitted to- the jury.

23. Where a person shall he indicted and convicted on more than one indictment, and
the sentences are imprisonment in the penitentiary, such sentences shall ^e severally ex-
ecuted after the expiration of each other, but with as great a mitigation, and with as
much leniency as the nature of the offences and the principles of justice shall require.

FINES AND COMPENSATIONS.

Fines, how
disposed of.

24. Every fine npt specially appropriated in this code, shall, after collection, be first
applied, by order of court, towards-the indemnification of any person or persons, whose
property may have been destroyed or stolen, injured or taken away, or fraudulently con-
veyed or converted, by the offender or offenders ; and the remainder, if any there shall
be, paid over to the justices of the Inferior Court of the county where the offence shall
have been perpetrated, to be applied to the purposes of said county. 'But all fines im-
posed for offences committed in the; county of Chatham, shall, after such indemnification
as aforesaid, be paid over to the corporation of the city of Savannah, to be applied to
the support and maintenance of prisoners in the common jail of said county of Chatham,
to defray all expenses incidental to said prison, and incurred by said corporation, and
also to keep in good order the court-house of said county.

Stolen proper- 25. All stolen property shall be, restored to the owner, and when such restitution is

stored eFe* obtained, and no particular appropriation of the fine is directed by this code, one moiety

Further dispo- of said fine shall be paid over to the justices of the Inferior Court, or the corporation as

aforesaid, to be applied as aforesaid, and the other moiety into the treasury of this state,

to be applied to the support and maintenance of- the prisoners in the penitentiary, or to

defray other expenses incurred in said penitentiary.

Payment of 26. Every fine imposed by this code, or left at the discretion of the court, shall be

D- ' . immediately paid, or within such reasonable time as the court may grant. The court

fines. may, in every case where the fine is at its discretion, put the person or persons upon

FlLNAL CODE. 1816.

607

his, her or their voir dire, or oath, as to his, her, or their circumstances or capability to (No. 380.)
pay the fine ; and then the court^ if satisfied with the information thus obtained, shall
impose such fine as the person or persons convicted may be able to pay.

27. In every case contained in this code, where the value of the property stolen, Value how
injured, destroyed, taken away, or fraudulently converted and conveyed, or a two-fold, <
three-fold, four-fold, or any other value is directed to be paid over, forms a part of the
punishment, every such value -shall be fixed and ascertained by a jury, sworn and em-
pannelled for this purpose, who, under any collateral issue the court may direct, shall

return a Verdict upon any information they can obtain.

BENEFIT OF CLERGY AND THE PUNISHMENT OF DEATH.

28. The "benefit of clergy," as heretofore claimed under the criminal laws of this Benefit of

clcrfirv abolish'
state, or any legal exception in consequence of the omission of the words "benefit of ished, &c.

clergy," are hereby abolished and declared a ridiculous and unmeaning privilege and

form. The term " death," in this, or any future penal system, shall be sufficient to Operation of

justify the infliction of that punishment. death.

29. The sentence of death shall be executed by publicly hanging the offender by the Sentence of

, ... i'ii death, how ex-

neck until he or she is dead. ecuted.

OATH OF WITNESSES AND JURORS, AND COMPETENCY OF

WITNESSES.

30. .On the trial of every offender, the following oath shall be administered to and

taken by every person composing the jury, and by every witness: I, A. B. in the Oath of a wit-
presence of Almighty God, the searcher of all hearts, to whom, after this life, I believe '
myself accountable, (if a witness,) will give my testimony in this case, according to my
knowledge of facts, and to the-best of my belief: this I solemnly swear, (if a juror,) And of a
will agree to a verdict, in this case, according to my opinion of the law and the evidence,
without suffering myself, as far as I am able, to be influenced by prejudice, partiality,
friendship or affection ; all this I do solemnly and sincerely swear.

31. The form of oath thus prescribed shall be repeated in a distinct and clear manner Said oaths to
by every witness and juror; and it shall be the duty of the officers of the court to remind
all persons attending, that the oath is about to be administered to a witness, or juror, as
the case may be ; and if any person shall interrupt the silence necessary to be observed
during the time such witness or juror shall be repeating said oath, it shall be considered
a contempt, and the court shall immediately inflict a fine, at its discretion.

608

PENAL CODE. 1816.

(No. 380.) 32. In every case in this code, where restitution or a pecuniary compensation is
directed to be made to the person or persons whose property hath or have been stolen,
injured, destroyed, taken away, or fraudulently converted or conveyed, or where a
pecuniary compensation is directed to be made, the person or persons whose property
hath or have been so stolen, injured, destroyed, taken away, or fraudulently converted or
conveyed, or who hath or have received such personal, injury, shall be a competent wit-
ness or witnesses on the trial of the offender or offenders.

Parties injur
ed shall be
competent
witnesses.

OFFENCES RELATIVE TO SLAVES.

Introduction
of slaves into
this state ;'

How punish-
ed.

Proof of the
intent.

All parties
concerned
deemed prin-
cipals.

33. Any person except emigrants, bringing, importing or introducing into this state,
by land or water, any slave or slaves,, with intent to sell, transfer or barter such slave
or slaves, such person shall be guilty of a high misdemeanor, and, on conviction, shall
be sentenced to pay a fine not exceeding five hundred dollars for each negro, and to
undergo an imprisonment in the penitentiary, at hard labour, for any period of time not
less than one year, nor longer than three years, as the jury may recommend ; anci the
fact of offering for sale, transfer or barter, such slave or slaves, within the term of one
year after the bringing into this state, shall be sufficient evidence of the intent of such
importation or introduction, (though no actual sale, barter or transfer be made) ; and every
person so concerned or interested in bringing, importing or introducing such slave or
slaves, shall be equally guilty as the principal, and, on conviction, shall suffer the same
punishment as before prescribed.

Harbouring-
slaves.

"Punishment.

Proviso.

34. If any person shall conceal, harbour, hide, or cause to be concealed, harboured or
hidden, any slave or slaves, to the injury of the owner or owners thereof, such person so
offending, shall, on conviction,, be sentenced to pay a fine, and on the recommendation
of the jury, shall also be imprisoned in the penitentiary, at hard labour, for any period
of time not exceeding two years : Provided nevertheless, that on the trial for this offence,
the person charged with it shall be acquitted, if he or she had an apparent well-founded
claim to the slave or slaves so harboured and concealed ; and on every conviction for
concealing Or harbouring a slave or slaves, the owner or owners of such slave or slaves
may recover damages by a civil suit, for the loss of the labour or the services of such
slave or slaves, notwithstanding the said conviction.

The offence
of taking any
slave out of
the state, or
any county,
without the
owner's con-
sent, how
punished.

35. If any person shall remove or carry, or cause to be removed and carried away out
of this state, any slave or slaves, or out of the county where such slave or slaves may
be, without the consent of the owner or owners, and with the view to deprive such owner
or owners of said slave or slaves, any person so bffending shall, on conviction, be sen-
tenced to pay a fine not exceeding fiye hundred dollars, for every slave so removed or

PENAL CODE. 1816. gQ9

carried away, and also undergo an imprisonment in the penitentiary, at hard labour, (No. 380.)
for any period of time not exceeding two years, as the jury may recommend.

36. Any person (except the owner) beating, whipping or wounding a slave, or beat- Any person

CXCfcDt til 6

ing, whipping or wounding a free person of colour, without sufficient cause or provoca- owner beat-

tion being first given by such slave or free person of colour, may be indicted, and on ^^ °-ra

conviction, shall be fined at the discretion of the court, and also imprisoned, if the jury one beating-,

*■:•>•> &,c. a ft-ee

should recommend that additional punishment: and the owner of such slave, or the person of co-

. , .. lour, without

guardian of such free person ol colour, may, notwithstanding such conviction, recover sufficient pro-

in a civil suit, damages for the injury done to such slave or free person of colour. punished 10W

37. Any owner or owners of a slave or slaves, who shall cruelly treat such slave or Cruelty to

slaves by
slaves, by unnecessary and excessive whippings, by withholding proper food and suste- owners.

nance, by requiring greater labour from such slave or slaves than he, she or they are
able to perform, by not affording proper clothing, whereby the health of such slave or
slaves may be injured and impaired ; every such owner or owners shall, upon sufficient
information being laid before the grand jury, be by said grand jury presented, where-
upon it shall be the duty of the attorney or solicitor general, to prosecute said owner or
owners, who, on conviction, shall be sentenced to pay a fine at the discretion of the
court, and also be imprisoned, if the jury trying the offender or offenders shall think
proper to recommend that additional punishment.

CONSTRUCTION OF THIS CODE, AND DUTY OF THE JUDGES OF

THE SUPERIOR COURTS.

38. Every section of this code, and all its terms and expressions, shall receive a A liberal con-

". . struction to

liberal construction, according to the true intention and meaning, and which may be best be given to

calculated to carry it into effect.

39. It shall, and it is hereby declared to be the duty of the judges of the Superior Judges to

Courts, to make a special report semiannually, to the Governor of this state, and by annual report

him to be submitted to the legislature, of all such defects, omissions or imperfections in +° tne Covern-

° 7 r or on this

this code, as experience on their several circuits may suggest. code.

CONVICTIONS FOR A SECOND OFFENCE.

40. Any person convicted of an offence, which by this code has subjected him to an offenders,

...» . . _ -, . how punished

imprisonment m the penitentiary tor a period of five years, or not exceeding seven on a second

years, shall, upon conviction a second time for the same offence, be sentenced to un- ^^offence!

4 I

610

PENAL CODE. 1816.

(No. 380.) dergo an imprisonment at hard labour, in the penitentiary, for the period of ten
years.

Punishment 41. Any person convicted of an offence different from that of which he or she has

on a second . .

conviction for been before convicted, and has been sentenced to, or suffered an imprisonment in the

offence. penitentiary, on such first conviction, for the period of one year, and not exceeding four

years, shall, upon such second conviction, be sentenced to undergo an imprisonment in

the penitentiary at hard labomyfor the term of seven years.

Crimes com- 42. All crimes and offences committed before this act goes into operation, shall be

vious to the prosecuted as heretofore, but the punishments shall be as similar to those designated in

u?isTct°ho°\v tn*s coa"e> as it may De m the Power °f the court to order and direct,

punished. . v

Repealing
clause.

43. So soon as this code shall have been declared in operation, all laws or parts of
laws repugnant to it shall be, and they are hereby repealed.

Assented to, 19th December, 1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor,

PENAL CODE. 1817, 611

AN ACT* (No. 381.)

To amend the Penal Code of this state.

FIRST DIVISION OF THE CRIMINAL CODE.
Persons capable of committing crimes.

Sect. 1. A crime or misdemeanor shall consist in a violation of a public law, in the Amisdemean

or or crime
commission of which there shall be an union, or joint operation of act, and intention or defined.

criminal negligence.

Sect. 2. Intention will be manifested by the circumstances connected with the per- Intention,

how manifest-
petration of the offence, and the sound mind and discretion of the person accused. ed.

Sect. 3. A person shall be considered of sound mind who is neither an idiot, a lu- Sound mind. -
natic, or afflicted by insanity, Or who hatfy arrived at the age of fourteen, or before that
age, if such person know the distinction between good and evil.

Sect. 4. An infant underthe age of nine years, whose tender age renders it impro- Infants under

■■'.'. tne a§?e °f

bable that he or she should be impressed with a proper sense of moral obligation, or of nine years, in-

sufficient capacity deliberately to have committed the offence, shall not be considered committing

or found guilty of any crime or misdemeanor. crimes.

Sect. 5. A lunatic, or person insane, without lucid intervals, shall not be found Lunatics, &c.

. " . n°t to be

guilty of any crime with which he or she may be charged : Provided, the act so charged found guilty

as criminal have been committed in the condition of such lunacy or insanity. .

■, Proviso.

Sect. 6. An idiot shall not be found guilty, or punished for any crime or misde- An idiot not
mean or with which he or she may be charged.

Sect. 7.. Any person counselling^advising or encouraging an infant under the age of -AfV1tinf/er

nine years, lunatic or idiot, to commit an offence, shall be prosecuted for such offence, the age of

nine years, lu-

See act of 1818, No. 382, and act of 1819, No. 383, both amendatory of this act,

4 12

612

PENAL CODE. 181*

(No. 381.) when committed, as principal, and if found guilty, shall suffer the same punishment as

naticor idiot, wouij have been inflicted on said infant, lunatic or idiot, if he or she had possessed dis-
to commit a 7 7 r v**°

crime, how cretion, and been found guilty,
punished.

Feme coverts, Sect. 8. A feme covert, or married woman, acting under the threats, command or

the coercion coercion of her husband, shall not be found guilty of any crime or misdemeanor not

band^'exempt punishable by death or perpetual imprisonment ; and with this exception, the husband

from punish- shall be prosecuted as principal, and receive the punishment which otherwise would
ment in cer- x L l x

tain cases. have been inflicted on the wife, if she had been found guilty : Provided, it appears from

punishable" a^ tne ^acts and circumstances of the case, that violent threats, command and coercion

Proviso.

were used.

Drunkenness
no excuse for
crimes, &c.

Sect. 9. Drunkenness shall not be an excuse for any crime or misdemeanor, unless
such drunkenness was occasioned by the fraud, artifice or contrivance of other person
or persons, for the purpose of having a crime perpetrated ; and then the person or per-
sons, so causing said drunkenness for such malignant purpose, shall be considered a
principal, and suffer the same punishment as would have been inflicted on the person or
persons committing the offence, if he, she or they had been possessed of sound reason
and discretion.

Acts commit- Sect. 10. A person shall not be found guilty of any crime or misdemeanor commit-
ted by misf'or- . . ,

tune and acci- ted by misfortune and accident, and where it satisfactorily appears there was no evil
dent, not , . . . , , , ,

punishable. design or intention, or culpable neglect.

Slaves in cer-
tain cases not
liable for
crimes com-
mitted under
the threats,
&.c. of owners,
&c.

Said owner,
&c. how pun-
ished.

Sect. 11. A slave committing a crime, which if committed by a free white person
would not be punishable by this act with death, by the threats, command or coercion of
his or her owner, or any person exercising Or assuming authority over such slave, shall
not be found guilty; and it appearing from all the facts and circumstances of the case,
that the crime was committed by the threats, command and coercipn of the owner, or
the person exercising or assuming authority over such ^lave, he or she, the said owner
or person, shall be prosecuted for, and if found guilty of the crime, shall suffer the
same punishment as he or she, the said owner or other person, would have incurred if
he or she, or said other person, had actually committed the offence with which the slave
is charged.

Sect. 12. A person committing a crime or misdemeanor, under threats and me-

Persons com-
mitting a
crime under naces, which sufficiently show that his or her life or member was in danger, or that he

threats, &c. or she had reasonable cause to believe, and did actually believe that his or her life or

punishment11 memDer was m danger, shall not be found guilty ; and such threats and menaces being

The person
using1 such
threats, he.
how punished.

proved and established, the person or persons compelling, by said threats and menaces,

PENAL CODE. 1817. 613

the commission of the offence, shall be considered a principal or principals, and suffer (No. 381.)
the same punishment as if he, she or they had perpetrated the offence.

SECOND DIVISION.

Accessories in crimes.

Sect. 1. An accessory is he who stands by, aids and assists, or who not being pre- An accessory

. . . defined,

sent aiding, abetting or assisting, hath advised and encouraged the perpetration of the

crime : he or she who thuS aids, abets or assists, or advises or encourages, shall be

called a principal in the second degree.

Sect. 2. *An accessory is also a person who, after full knowledge that the crime Accessory af.
has been committed, conceals it from the magistrate, or harbours and protects a person
charged with, or found guilty of the crime : he or she who thus conceals the offence, or
harbours or protects the person or persons guilty of it, shall be called a principal in the
third degree.

THIRD DIVISION.

Crimes against the state and the people.

Sect. 1. Crimes against the state and the people shall consist in treason in the first Crimes

. . P against the

degree and second degree, exciting or attempting to excite an insurrection or revolt of state.

slaves.

Sect. 2. Treason in the first degree, shall consist in levying war against the state, What shall
. . m constitute

in the same, or being adherent to the enemies of the state within the same, giving to treason in the

them aid and comfort in this state or elsewhere, and thereof being legally convicted of
open deed, by two or more witnesses, or other competent and credible testimony, or
voluntary confession. These cases shall be adjudged treason against the state and peo-
ple ; and when the overt act of treason shall be committed without the limits of this
state, the person charged therewith may be arrested and tried in any county of this
state, within the limits of which he may be found, and being thereof convicted, shall be
punished in like manner as if the said treason had been committed and done within the
limits' of said county. Treason in the first degree shall be punished with death. with death

* This section repealed, and another definition substituted by act of 1818, No. 382, section 1st

614 PENAL CODE. 1817.

(No. 381.) Sect. 3. Treason in the second degree shall consist in the knowledge and conceal-

Treasoninthe ment of treason, without otherwise assenting to or participating in the same. The

second de- .

gree. punishment of treason m the second degree shall be solitary confinement or hard labour

Punishment. in the penitentiary, for any term not less than three years, nor longer than seven years,

Exciting or Sect. 4. Exciting an insurrection or revolt of slaves, or any attempt, bv writing,

attempting to . . .. . r'y, °v

excite a revolt speaking or otherwise, to excite an insurrection or revolt of slaves, shall be punished
of slaves, pun- • , , .••
ished with Wlth death-

death.

FOURTH DIVISION.
Crimes and offences against the persons of citizens or individuals.

Murder defin- Sect. 1. Murder is the killing of a human being, in the peace of the state, with malice
aforethought, either express or implied.

Express ma- Sect. 2. Express malice is that deliberate intention unlawfully to take away the life of

a fellow creature, which is manifested by external circumstances capable of proof.

Implied ma- Sect. 3. Malice shall be implied where no considerable provocation appears, and where

lice

all the circumstances of the killing show an abandoned and a malignant heart. The pun-
ishment of murder shall be death.

homkideln Sect. 4. Murder shall be denominated homicide in the first degree.

the first de-
gree.
Manslaughter ' Sect. 5. Manslaughter is homicide in the second degree : manslaughter is the killing

of a human creature, without malice express or implied, and without any mixture of
deliberation whatever : it must be voluntary, upon a sudden heat of passion, or involun-
tary, in the commission of an unlawful act, or a lawful act, without due caution and
circumspection.

Voluntary Sect. 6. In all cases of voluntary manslaughter, there must be some actual assault

mans aug er. u^Qn ^ person killings or an attempt by the person killed to commit a serious personal
injury on the person killing. Provocation by words, threats, menaces, or contemptuous
gestures, shall be in no case sufficient to free the person killing from the guilt and crime
of murder. The killing must be the result of that sudden violent impulse of passion
supposed to be irresistible ; for if there should appear to have been an interval between
the assault or provocation given and the homicide, sufficient for the voice of reason and
humanity to be heard, the killing shall be attributed to deliberate revenge, and punished
as murder.

PENAL CODE. 181/. 615

Sect. 7. Voluntary manslaughter shall be punished by confinement or labour, or (No. 381.)

solitude, in the penitentiary, for a term not less than one year nor longer than five.** fo^ySratary

manslaughter,

Sect. 8. Involuntary manslaughter shall consist in the killing of a human being with- Involuntary

- , , • 1 • • r i r 1 1 r 1 manslaughter.

out any intention to do so, but in the commission 01 an unlawiul act ; or a lawtul act

which probably might produce such a consequence, in an unlawful manner. Provided Proviso.
always, that where such involuntary killing shall happen in the commission of an unlaw-
ful act, which in its consequences naturally tends to destroy the life of a human being,
or is committed in the prosecution pf a felonious or riotous intent, the offence shall be
deemed and adjudged to be murder.

Sect. 9. Involuntary manslaughter, in the commission of an unlawful act, shall be Involuntary

- ,. . r manslaughter

punished by confinement or hard labour, or solitude, in the penitentiary, tor a term not inthecomimV

less than six months, and not longer than three years. , lawful act

how punished.

Sect. 10. Involuntary manslaughter, in the commission or performance of a lawful Inthecommis-
act, where there has not been observed necessary discretion and caution, shall be ful act without
punished by confinement or hard labour, or solitude, in the penitentiary, for a term not g^6 how pun-
less than three months, and not longer than one year. ished.

Sect. 11. In all cases of voluntary or involuntary manslaughter, the court may order Commutation
the commutation of the punishment in the penitentiary, for that of confinement in the m cases of
common jail of the county where the offence may have been committed, and a fine to be ^horized ^
imposed at the discretion of the court; which fine shall be paid to the clerk of the Inferior
Court, for the use of the poor of the county where the conviction takes place.

Sect. 12. There being no rational distinction between excusable and justifiable homi- Justifiable ho-
eide, it shall no longer exist. Justifiable homicide is the killing of a human being in g^
self-defence, or in defence of habitation, property or person, against one who manifestly
intends, or endeavours by violence or surprise to commit a known felony, such as murder,
rape, robbery, burglary and the like, upon either; or against any persons who manifestly
intend and endeavour, in a riotous and tumultuous manner, to enter the habitation of
another, for the purpose of assaulting or offering personal violence to any person dwell-
ing or being therein.

* The punishment for voluntary manslaughter shall be confinement and hard labour, or solitude, in the
penitentiary, for the term specified in the above section. Labour or solitude shall compose apart of the pun-
ishment in all cases of commitment to the penitentiary. See act of 1819, No, 383,

616 PENAL CODE. 1817.

(No. 381.) Sect. 13. A bare fear of any of those offences, to prevent which the homicide is

Whatnecessa- alleged to have been committed, shall not be sufficient to justify the killing ; it must

ry to justify a . . . . . ■.- •

homicide. appear that the circumstances were sufficient to excite the fears of a reasonable man and

that the party killing really acted under the influence of those fears, and not in the spirit

of revenge.

The killing of Sect. 14. If a person invades or trespasses on the property or habitation of another,
wiufhas no not Wlt^ an intention to commit a felony, the killing shall be murder, manslaughter or

felonious in-
tent.

justifiable homicide, according to the circumstances of the case.

Homicide in Sect. 15. If a person kills another in his defence, it must appear that the danger was so

self -defence

urgent and pressing, that in order to save his own life the killing of the other was abso-
lutely necessary ; and it must appear also, that tbe person killed was the assailant, or
that the slayer had really and in good faith endeavoured to decline any further strug-
gle before the mortal blow was given.

Plea of neces- Sect. 16. In no case shall a person justify the killing of another, under the pretence
available. °^ necessity, unless he were wholly without fault imputable by. law, in bringing that

necessity upon himself.

Killing a slave Sect. 17. Killing a slave in the act of revolt, or when the said slave resists a legal
in the act of , -, , . r , , , ... ,

revolt. arrest, shall be justifiable homicide.

Killing or Sect. 18. In all cases the killing or maiming a slave or person of colour shall be put

slave1 oTp^r- upon the same footing of criminality as the killing or maiming a white man or citizen,
son of colour.

Homicide in Sect. 19. If, after persuasion, remonstrance, or other gentle measures used, a forcible

forcible at- attack and invasion on the property or habitation of another cannot be prevented, it
ta° 'sorooertv snaU' De justifiable homicide to kill the person so forcibly attacking and invading on the
or habitation, property or habitation of another ; but it must appear that such killing was absolutely
ble. necessary to prevent such attack and invasion, and that a serious injury was intended or

might accrue to the person, property or family of the person killing.

General Sect. 20. All other instances, which stand upon the same footing of reason and jus-

clause.

tice as those enumerated, shall be justifiable homicide.

Acquittal in Sect. 21. The homicide appearing to be justifiable, the person indicted shall, upon

able homicide! n*s tr^» ^e ^u% acquitted and discharged.

PENAL CODE. 1817. 617

Sect. 22. If any woman shall endeavour privately, either by herself or the procure- (No. 381.)

ment of others, to Conceal the death of any issue of her body, male or female, which, if £0nn*"a^* to

it were born alive, would by law be a bastard, so that it may not come to light, whether death of abas-

J . tard child by

it was murdered or not, every such mother, being convicted thereof, shall suffer an im- its mother,

. r . ,. how punished,

prisonment at hard labour or in solitude, in the penitentiary, tor any time not exceeding

one year.

Sect. 23. If the same indictment charge any woman with the murder of her bastard How a jury

. . . mayfind,wheu

child, as well as with the offence in the preceding section, the jury by whom such wo- a woman is

man shall be tried may acquit her of murder, and find her guilty of concealing the death £amefffndict>. &

of the bastard, or acquit her of both offences; but if the said jury shall find her J^rdJTof ^

euiltv of the murder, they shall return no verdict upon the count for the concealment bastard child,
6 J J ■ ... and with the

of the death of the bastard: and if any person shall counsel, advise, or direct such wo- offence in the

man to kill the child she is pregnant or goes with, and after she is delivered of such ^egoing sec-
child she kill it, every such person, so advising or directing, shall be deemed accessory For advising a

i • ' • i i ii i woman preg-

to such murder, and shall have the same punishment as the principal shall have. nant w;th a

bastard child
to kill it, and after delivery she does so, person so advising, how punished,

Sect. 24. The constrained presumption, arising from the concealment of the death of
any child, that the child, whose death is concealed, was therefore murdered by the mo-
ther, shall not be sufficient or conclusive evidence to convict the person indicted of the Probable

ii-ii i' proof that the

murder of her child, unless probable prooi.be given that the child was born alive, nor child was born

unless the circumstances attending it shall be such as shall satisfy the minds of the jury ^e' re(lun

that the mother did wilfully and maliciously destroy and take away the life of such

child.

)
Sect. 25. If any person shall be charged with voluntary or involuntary manslaugh- in certain ca-
ter, happening in consequence of an unlawful act, it may be lawful for the attorney or skushter^the

solicitor general to wave the felony, by leave of the court, and to proceed against and felony may be

° . ■ . waved, and

charge such person with a misdemeanor ; and such person, on conviction, for said mis- the offender

"proceeded
demeanor, shall be punished by paying a fine, to be appropriated as the court may di- against for a

rect, not exceeding one thousand dollars, or be imprisoned in the common iail, or both ; mis em6anor-
' 6 ... °n conviction

and the attorney or solicitor general may, without obtaining leave of the court, charge thereof, what

the felony and misdemeanor in the same indictment, and the jury by whom the said m „ ,'

J j j- j The felony

person shall be tried may find said person guilty of either charge. and misde-

meanor may
be charged in the same indictment.

Sect. 26. Mayhem shall consist in unlawfully depriving a person, free or slave, of a Mayhem de-
i ,. r , . fined.

member, or disfiguring or rendering it useless.

4 K .

618

PENAL CODE. 1817.

(No.

Mayhems,
specified.

81.) Sect. 27. If any person shall unlawfully cut out or disable the tongue, put out an
eye, slit the nose, ear or lip, or cut off or disable any limb or member of another, with
an intention, in so doing, to maim or disfigure such person, or shall voluntarily, mali-
ciously, and of purpose, pull or put out an eye or eyes, while fighting or otherwise,
every such person shall be guilty of mayhem.

Maiming- the Sect. 28. A person convicted of cutting out or disabling the tongue, with the inten-

tongue, how . , . ■ i n i •

punished. tlon as expressed in the previous section, shall be punished by confinement and hard

labour, in the penitentiary, for a term not less than two years, nor longer than seven

years.

For putting-
out an eye,
offender how
punished.

For putting
out the eyes
of another, or
the only eye
of any person,
offender how
punished.

Sect. 29. A person convicted of putting out an eye, with the intention, or volunta-
rily or maliciously, as before expressed, in fight or otherwise, shall be punished by con-
finement and hard labour, in the penitentiary, for any time not less than one year, nor
longer than five years : and a person convicted of putting or pulling out the eyes of
another, or the eye of another having but one eye, with a similar intention, or volun-
tarily or maliciously, while fighting or otherwise, shall be punished by solitary confine-
ment and labour, for and during the term of his natural life.

Maiming the Sect. 30. A person convicted of biting, slitting or cutting off the nose, ear or lip of

lip o'f another another, with the intention as before expressed, shall be punished by confinement and
how punished. iaDour in the penitentiary, for a term not less than one year, nor longer than three years.

For cutting off Sect. 31. A person convicted of cutting off or disabling any limb or member of

any limb, &c. another, not herein designated, with the intention as before expressed, shall be punished

n0t tfied "of ky imprisonment and labour, in the penitentiary, for a term not less than one year, nor

fender how longer than five years,
punished. ° J

Rape defined. Sect. 32. Rape is the carnal knowledge of a female, forcibly and against her will.

Punishment Sect. 33. Rape shall be punished by an imprisonment at hard labour in the peni-

tentiary, for a term not less than two years, nor longer than twenty years.

An assault Sect. 34. An assault, with intent to commit a rape, shall be punished by imprison-

with intent to ,,,,.,..*■ i i i

commit a rape, ment at hard labour in the penitentiary, for a term not less than one year, nor longer

how punished. than five years>

Sodomy and Sect. 35. Sodomy and bestiality shall be punished by imprisonment at hard labour

in the penitentiary, during the natural life or lives of the person or persons convicted of
these detestable crimes, or either of them.

PENAL CODE. 1817. 6 19

Sect. 36. An attempt to commit sodomy or bestiality, shall be punished by impri- (No. 381.)

sonment at hard labour in the penitentiary, for a term not less than two years, nor longer ^JJ^t™^0

than three years. my or bes-

J tiahty.

Punishment.

Sect. 37. An assault is an attempt to commit a violent injury on the person of another. Assault defin-
ed.

Sect. 38. A bare assault, shall be punished by fine or imprisonment in the common Punishment
it • r thereof,

jail 6f the county, at the discretion of the court.

Sect. 39. An assault with an intent to murder, by shooting at or stabbing, or using Assault with
any weapon likely to produce death, shall be punished by imprisonment at hard labour <jerj jtg pun_
in the penitentiary, for a term not less than one year, nor longer than five years. ishment.

Sect. 40. All other assaults upon or attempts against persons not mentioned or Assaults, &c,

heretofore in-
enumerated in this code, but heretofore indictable offences:, shall be punished by fine or dictable, and

imprisonment in the common jail of the county where the offence has been committed, specine(i how

at the discretion of the court. punishable.

Sect. 41. Battery is the unlawful beating of another. Battery defin-

Sect. 42. Battery shall be punished by fine or imprisonment, or both, at the discre- Punishment

thereof,
tion of the court, in the common jail of the county where the offence may have been

committed ; and in aggravated cases, requiring greater severity, the court may punish the Aggravated

offender by an -imprisonment in the penitentiary, at hard labour, for any term not less punishable.

than six months, nor longer than one year.

Sect. 43. False imprisonment is a violation of the personal liberty of a free white False impri.

. . . r .... „ . . , sonment defin-

person or citizen, and consists in confinement or detention without sufficient legal ed.

authority.

Sect. 44. The arrest, confinement or detention of a person or a citizen by another, False impri-
having no process, warrant or legal authority to justify it, shall be punished by fine, and punished,
imprisonment in the common jail of the county where the offence may have been com-
mitted, or either, at the discretion of the court ; and in all cases of an aggravated nature,
the court may order an imprisonment in the penitentiary, for any term not longer than
two years.

Sect. 45. The arrest, confinement or detention of a free person or citizen, by the False impri-

warrant, mandate or process of a magistrate, being manifestly illegal, and showing der a mani. "

malice and oppression, the said magistrate shall be removed from office, and such magis- festly '^P1

4K2

620

PENAL CODE. 1817.

(No. 381.) trate, and all and every person and persons knowingly and maliciously concerned therein

from a magis- shall be punished by fine, and imprisonment in the common jail of the county where the

trate, how

punished. offence may have been committed.

other offen- Sect. 46. All other crimes or offences against the persons of citizens, not mentioned

ces against . _ ■'•'*,

the persons of or enumerated in this code, but heretofore subject to prosecution by the laws adopted or

tofore indict-" *n f°rce m tn^s state, shall in future be punished by fine and imprisonment, or either, in

able and not tne common iail of the counties where said crimes and offences mav have been commit-
herein speci- J J
fied, how pun- ted, or by imprisonment at hard labour or in solitude, in the penitentiary, as the court
ishable.

may order and direct.

FIFTH DIVISION.

Crimes and offences against the habitations of persons.

Arson and Sect. 1. Crimes against the habitations of individuals shall consist of — 1st, Arson,

burglary. \ __

and 2d, Burglary.

Arson denned. Sect. 2. Arson is the malicious and wilful burning of the house or out-house of
another.

Arson in a Sect. 3. The wilful and malicious burning or setting fire to, or attempting to burn,

viliage,Mpun- a house in a city, town or village, shall be punished with death.

ished with

death.

Arson not in a Sect. 4. The wilful and malicious burning a dwelling-house on a farm or plantation,

villas" how or elsewhere, (not in a city, town or village,) shall be punished by imprisonment at hard

punished. labour, in the penitentiary, for any term not less than five years, nor longer than twenty

years.

Setting fire to Sect. 5. Setting fire to a dwelling-house with intent to burn the same, on a farm or
house with" in- plantation, or elsewhere, (not in a city, town, or village,) shall be punished by imprison-
\ not in a cit"' ment at narc^ labour, in the penitentiary, for a term not less than three years, nor

&c.) how pun- longer than ten years,
ished. J

Burning an Sect. 6. The wilful and malicious burning an out-house, such as a barn, stable or

(not in a cityj anv other house, (except the dwelling-house,) on a farm or plantation, or elsewhere, not
town, &c.) in a city, town or village, shall be punished by imprisonment at hard labour, in the
penitentiary, for any term not less than one year, nor longer than seven years.

PENAL CODE. 1817.

621

Sect. 7. Setting fire to an out-house as before described, shall be punished by im- (No. 381.)
prisonment at hard labour, in the penitentiary, for any term not less than one year, nor fn ouSwuseT
longer than two years. howpunished,

Sect. 8. The crime of burning shall be complete where the house is consumed or The crime of

burning, when
generally injured. complete,

Sect. 9. The offence of setting fire to a house shall be complete when any attempt is When the

. • . crime of set-

made to burn, though no material injury is the consequence. ting- fire to a

house shall be
complete.

Sect. 10. Arson in the day-time, (except when committed in a city, town or village,) Arson in the
shall be punished with a shorter period of imprisonment at hard labour, in the peniten- in a city, town,
tiary, than arson committed in the night. Shed*™ PU"

Sect. 11. Arson committed elsewhere than in a city, town or village, which produces
the death of any person, shall be punished with the death of the person or persons com-
mitting the arson.

Sect. 12. Burglary is the breaking or entering into the dwelling or mansion-house,
with intent to, commit a felony ; all out -houses contiguous to and within the curtilage or
the protection of the mansion-house, shall be considered as parts of the mansion or
dwelling-house. A hired room or apartments in a public tavern, inn or boarding-house,
shall be considered as the dwelling-house of the person or persons occupying and hiring
the same. Burglary may be committed in the day or night.

Sect. 13. Burglary in the day-time shall be punished with an imprisonment at hard
labour, in the penitentiary, for any time not less than one year, nor longer than five
years.

Arson (not in
a city, &c.)
which produ-
ces the death
of any person,
howpunished.

Burglary de-
fined.

May be com-
mitted in the
day or night.

Burglary in
the day-time,
how punished.

Sect. 14. Burglary in the night shall be punished by imprisonment at hard labour, Burglary in
, . . r . . , , , the night, how

m the penitentiary, tor any time not less than one year, nor longer than seven years. punished.

SIXTH DIVISION.
Of crimes and offences relative to Properly.

Sect. 1. Robbery is the felonious and violent taking of money or goods from the Robbery de=

.... fined,

person of another, by force or intimidation.

622

PENAL CODE. 1817.

(No. 381.) Sect. 2. Robbery by open force and violence, shall be punished by imprisonment in

Robbery by tne penitentiary, at hard labour or in solitude, for any time not less than one year, nor

open force, r J J

&c. how pun- longer than five years,
ished.

Robbery by
intimidation,
how punished, ished by imprisonment in the penitentiary, at hard labour or m solitude, tor any time

Sect. 3. Robbery by intimidation, or without using force and violence, shall be pun-
hed by imprisonment in the penitentiary, at har
not less than one year, nor longer than three years.

Larceny, its
several kinds.

Sect. 4. Theft or larceny, as contradistinguished from robbery by violence, force or
intimidation, shall consist of, 1st. Simple theft or larceny ; 2d. Theft or larceny from
the person ; 3d. Theft or larceny from the house ; 4th. Theft or larceny, after a trust
or confidence has been delegated or reposed.

Simple larce-
ny denned.

Sect. 5. Simple larceny, is the feloniously taking and carrying away the personal
goods of another.

What may be Sect. 6. Simple larceny shall embrace every theft which deprives another of his pro-
edl under sim- Perty? or °f those means or muniments, by which the right and title to property may be
pie larceny. ascertained.

Horse steal-
ing-.

Operation of
the term
" horse."

Sect. 7. Horse stealing shall be denominated simple larceny or theft.

Sect. 8. The term horse shall include the animal of both sexes, and without regard
to the alterations which may be made by artificial means.

What may be
included un-
der the head
of horse steal-
ing.

The offence,
how charged,
and the ani-
mal, how de-
signated.

Sect. 9. Under the head of horse stealing, shall be included the theft of mule or ass,
or any animal the hoof of which is not cloven.

Sect. 10. The offence shall, in all cases, be charged as horse stealing, but the indict-
ment shall designate the sex of the animal, and give any other description by which its
identity may be ascertained.

Horse steal- Sect. 11. The stealing or theft of a horse, mule or ass, shall be punished by impri-

ished. sonment at hard labour in the penitentiary, for any time not less than one year, nor

longer than five years.

Stealing of Sect. 12. The stealing of horses, mules or asses, shall be punished by imprisonment

iiorscs &c

how punished. at hard labour in the penitentiary, for any time not less than two years, nor longer than
seven years.

PENAL CODE. 1817. (535

Sect. 13. Cattle stealing, shall include the theft or larceny of any horned animal or (No. 381.)

Catt
ing.

animals, and all animals having the hoof cloven, except hogs

Sect. 14. The indictment shall sufficiently describe the animal or animals falling un- The indict-
ment to de-
der the preceding section, so that it or they may be ascertained and identified, by the scribe said

animals, &c.
owner or owners thereof.

Sect. 15. The stealing of one or more animals, under the before given description of The theft of

0 s one or more

cattle, shall be punished by fine, and imprisonment in the common jail of the county animals, how

where the offence may have been committed, as the court may order and direct, for any
time not less than six months, nor longer than one year, or at hard labour in the peni-
tentiary, for a term not less than one year, nor more than five years.

Sect. 16. The stealing of a hog or hogs, shall be punished by confinement in the The stealing

irr ii r .of a hog or

common jail of the county where the offence may have been committed, lor any time hogs, how

not less than one month, nor longer than six months, or by confinement at hard labour Pums e •

in the penitentiary, for a term not less than one year, nor more than two years.

Sect. 17. If any person or persons shall alter or change the mark or brands of any The altering

! . , 1 • 1 or changing

animal or animals before mentioned, with an intention to claim the same, or to prevent the mark or

identification by the true owner or owners thereof, the person or persons so offending ofSdMiiJSk,

shall suffer the same punishment, and the court shall exercise the same discretion, as is how punished.

inflicted and given for the theft of the said animal or animals.

Sect. 18. All other domestic animals or creatures, which are fit for food, may be sub- What other

animals may
jects of larceny. be subjects of

larceny.

Sect. 19. The punishment for the theft of such domestic animals or creatures, which The theft of

. . ., r such, how

are fit for food, shall be by fine or imprisonment, or both, in the common jail of the punished.

county, as the court may order and direct.

Sect. 20. Larceny may be committed of writings relating to real or personal estate. Writings may

be subjects of
larceny.

Sect. 21. If any person shall take and carry away any paper or papers, documents, A person who

* Si13.il tcllcP 171(1

deeds or other writings, relating to real or personal estate, with an intention to impair, carry aWay,
prevent or render difficult the establishment of a title to real or personal estate, or mu- ce" lor destroy
tilate, cancel, burn or otherwise destroy said papers, documents, deeds or writings, with anX wr,t]ngs

J r r ° concerning

the same intention; such person shall be considered guilty of simple larceny or theft, and property, shall

punished by imprisonment in the penitentiary, at hard labour or in solitude, for any time larceny.

not less than one year, nor longer than two years. His Punis"-

624

PENAL CODE. 1817.

(No. 381.) Sect. 22. The theft of a bond or bonds, note or notes, bank bill or bills, or any pa-

The theft of per or papers, securing the payment of money or other thing, or of a receipt or receipts,

any bonds, .

notes, bills, or any paper or papers operating as a discharge tor the payment of money or other

howpunished. thing, shall be punished in the same manner as the theft of the money the said bond or
bonds, note or notes, bill or bills, or other papers, were meant to secure ; or, of the
money the said receipt or receipts, or other paper or papers, were meant to discharge

Punishment, the payment thereof; the punishment for this larceny shall be imprisonment at hard la-
bour in the penitentiary, or in solitude, for any time not less than one year, nor longer
than three years.

Fixtures and Sect. 23. Theft or larceny may be committed of any thing or things which, in the

savour of the language of the law, savours of the reality, or of any fixture or fixtures, and the punish-

reahty, sub- ment shall be fine or imprisonment, or both, in the common jail of the county, as the
jects of larce- r j j ■>

ny. court may order and direct.

Plundering Sect. 24. Plundering or stealing from a vessel in distress, or from a wreck, within

VCSSgIs 111 CIS- • «

tress how the jurisdictional limits of this state, shall be punished by imprisonment at hard labour,
punished. m the penitentiary, for any time not less than one year, nor longer than five years.

The embez-
zlement, &c.
of any notes,
bills, effects,
&c. belonging
to any char-
tered bank,
by any officer,
or servant
thereof, how-
punished.

Sect. 25. If an officer or servant, or other person employed in a bank deriving its
charter from the legislature of this state, or United States, shall steal, secrete or
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 checks,
money or effects, entrusted with him or the directors of said bank, such offender shall
be punished by imprisonment at hard labour, or in solitude, in the penitentiary, for any
time not less than three years, nor longer than seven years.

The taking Sect. 26. Any person or persons who shall feloniously take and carry away a slave,

awav a^lavf shall be punished by imprisonment at hard labour in the penitentiary, for a time not
howpunished. jess than three years, nor longer than seven years.

The inveig- Sect. 27. If any person or persons shall, by any enticement, or by giving a pass, or

liner & sl&vc

from his own- by any other means, induce, a slave or slaves to run away from his, her or their owner

Bunished°W or owners> with an intention feloniously to sell said slave or slaves, or otherwise to de-
prive the said owner or owners of the services of said slave or slaves, such person or
persons so offending shall be punished by imprisonment at hard labour, for any time
not less than three years, nor longer than seven years.

Larcenies of Sect. 28. All larcenies or simple thefts of the personal goods of others, not men-
personal . 'ill- i • i • • •• •
goods not de- tioned or particularly designated in this code, shall be punished by imprisonment in the

PENAL CODE. 1817. 625

common jail of the county where -the said offences may have been committed, or by (No. 381.)

, . , , * . -i • i ^ • l. sig nated in

imprisonment in solitude or at hard labour m the penitentiary ; but no imprisonment this code, how

shall be directed or ordered in the penitentiary, unless the goods stolen shall be of the punished,
value of twenty dollars.

Sect. 29. In every case of simple larceny or theft, not mentioned in this code, the Punishment of
J m m '. thefts not

person convicted shall be imprisoned in the common jail of the county, or in the peni- herein desig-

, . , . i ii • i nated.

tentiary ; which imprisonment snail in no case exceed one year.

THEFT, OR LARCENY FROM THE PERSON.

Sect. 30. Theft, or larceny from the person, as distinguished from robbery, before Larceny from
described, is the offence of feloniously taking any money, goods, effects or chattels, or defined,
any article of value, from the person of any other privately, without his knowledge, in
any place whatever.

Sect. 31. A person convicted of this class of larceny shall be imprisoned in the Punishment
penitentiary, at hard labour or in solitude, for any time not less than one year, nor
longer than five years.

Sect. 32. If the goods, money, chattels or effects, or any article so privately stolen When the inv
from the person, do not amount to, or are of the value of twenty dollars, then the per- snan be in the
son convicted shall be punished by imprisonment in the common jail of the county commonJai
where the offence may have been committed, for any time not longer than one year, as
the court may order and direct.

Sect. 33. If this offence is committed in a public place, or where many persons are When the of,

assembled, it shall be considered as greatly adding to the criminality of the action, and mined jn a

the punishment shall be proportionably increased and enlarged, as the court may order Pu,'!'f P _fcfce?

and direct, before whom the conviction takes place. De enlarged,

&c.

Sect. 34. Any sort of secret, sudden or felonious taking from the person, without What acts

using intimidation, or open force and violence, shall be within this class and descrip- ;n this class of

tion of larceny, though some small force be used by the thief to possess himself of the larceny-

property: Provided, there be no resistance by the owner, or injury to his person, and Proviso
all the circumstances of the case show that the thing was taken, not so much against, as
without the consent of the owner.

4 L

626

PENAL CODE. 1817.

(No. 381.)

LARCENY FROM THE HOUSE.

Larceny from Sect. 35. Larceny from the house, is the entering or breaking any house (other
defined. than a dwelling-house or its appertenances) with an intent to steal, or after entering or

breaking said house, stealing therefrom any money, goods, chattels, wares, merchant

dize, or any thing or things of value whatever.

Larceny from Sect. 36. All and every person and persons who, by night or day, shall, in any
how punished, store, shop or warehouse, or any other house or building, privately and feloniously
steal any goods, wares or merchandize, or any other article or articles, thing or things
of value, though such store, shop or warehouse, or other house or building, be not ac-
tually broken open by such offender or offenders, or shall assist, hire or command any
person to commit such offence, shall be punished by imprisonment at hard labour, or in
solitude, in the penitentiary, for any time not less than one year, nor longer than five
years.

Entering a Sect. 37. Any person or persons entering a house or building, as before described,

house with in-
tent to steal, with intent to steal, but is detected and prevented from so doing, shall be punished by

how punished. . . , , , , .. , . . ,. , r . . ,

imprisonment at hard labour in the penitentiary, or in solitude, tor any period not less

than one year, nor longer than three years.

Breaking" any
part of a
house with in-
tent to steal,
how punished.

If the owner
or other per-
son be in the
house and put
in fear, offen-
der how pun-
ished.

Sect. 38. Any person or persons breaking any part of a house or building, as be-
fore described, with intent to steal, but is detected and prevented from effecting such
intention, shall be punished by imprisonment in solitude, or at hard labour, in the peni-
tentiary, for any time not less than one year, nor longer than three years ; but if the
owner of said house or building, or any other person, be in the house at the time of
such breaking, and put in fear, then the said offender or offenders shall be punished by
imprisonment at hard labour in the penitentiary, for any time not less than two years,
nor longer than seven years.

Breaking' .and
entering a
house with in-
tent to steal,
how punished.

Breaking and
entering any
house, and
stealing there-
from, how
punished.

Sect. 39. Any person breaking and entering a house or building, as before de-
scribed, with intent to steal, but is detected and prevented from carrying such intention
into effect, shall be punished by imprisonment in solitude, or at hard labour, in the peni-
tentiary, for any time not less than one year, nor longer than three years : and any per-
son breaking and entering any house, as before described, under this class of larceny,
and stealing from said house or building any goods, wares or merchandize, article or
articles, thing or things of value, shall be punished by imprisonment at hard labour in
the penitentiary, for any time not less than two years, nor longer than five years.

PENAL CODE. 1817. 627

Sect. 40. If the said breaking, entering, and stealing be accompanied by any violence, (No. 381.)

menace or threat, or by alarming and putting in fear any person in said house, then the Punishment

extended to
imprisonment at hard labour shall be extended to the longest period mentioned under the longest
, . r , term when

this class ot larceny. the larceny is

accompanied by violence, menace, or alarm.

Sect. 41. Entering or breaking with intent to steal, entering and stealing, breaking Thefbregoing
and stealing, breaking and entering with intent to steal, breaking, entering and stealing t'ended^'o aU
from any house, building or edifice belonging to the state or a corporate body, or appro- Public biuld-

lllw Sj CvCi

priated for any public purpose, shall be punished in the same manner, as if the offence
had been committed in a private house or building, as before described under this head
of larceny.

Sect. 42. Accessories, or persons assisting, commanding or advising any person to Accessories to
commit any offence under this class of larceny, shall receive the same punishment as may aSS ctoas

be inflicted on the principal or principals. of larceny,

r how punished,

Sect. 43. Any person entering and stealing from any hut, tent, booth or temporary Entering and

building, shall-be punished in the same manner as if the offence had been committed by arTy hut or™'

privately stealing from a house or building, as before described under this class of temporary

budding, &c.
larceny. how punished.

THEFT OR LARCENY AFTER A TRUST HAS BEEN DELEGATED, OR

A CONFIDENCE REPOSED.

Sect. 44. Any servant, officer or person employed in any public department, station Embezzle-

or office of the government of this state, or any county of this state, or in anv office of a me,n.ts' Jf- by

,. 7 J public officers,

corporate body, who shall embezzle, steal, secrete, or fraudulently take and carry away, or any person

,,!«-,,,, . employed in

any money, goods, chattels, effects, bond or bonds, promissory note or notes, commonly the office of a

called bank bills or notes, or any other security for the payment of money, of whatever dyTw pun"

description it may be, being the property of said state, county or corporate body, shall lshed'

be punished by imprisonment at hard labour, in the penitentiary, or in solitude, for any

time not longer than five years.

Sect. 45. If any person shall fraudulently or maliciously tear, burn, or in any other The tearing,
way destroy any deed, lease, will, bond, or any other writing sealed, or any bank bill or othTrwfse^e-
note, check, draft, or other security for the payment of money or the deliverv of goods, s}r°yinS a"y

* J J j a ■ ■ i deed, note,

or any certificate or other public security of this state, or of the United States, or any of bank bill,
+V.^»~ c *.u e . check, or

tnem, tor the payment of money, or any receipt, acquittance, release, discharge of any other instru-

debt, suit or other demand, or any transfer or assurance of money, stock, goods, chattels SoVYerig-

4L 2

628

PENAL CODE. 1817.

nated, how
punished.

(No. 381.) or other property, or any letter of attorney, or other power, or any day book, or other
book of account, or any agreement or contract whatever, with intent to defraud, preju-
dice or injure any person or body corporate, the person so offending shall, on conviction
be punished by paying a fine not exceeding one thousand dollars, and also be imprisoned
in the penitentiary, at hard labour or in solitude, for any time not less than one vear,
nor longer than three years.

The destroy-
ing", altering-,
or removing

Sect. 46. If any person shall knowingly, maliciously or fraudulently cut, fell, alter
or remove any certain boundary tree, or other allowed land-mark, to the wrong of his
any land-mark, neigftbour or any other person, he or she shall, on conviction, be punished by paying a fine
not exceeding five hundred dollars, and be imprisoned in the common jail of the county,
for any time not exceeding one year, or be confined in the penitentiary, at hard labour,'
not exceeding one year, as the court may order and direct. _

FORGERY AND COUNTERFEITING.

Any person
forging, coun-
terfeiting, or
altering any of
the writings,
instruments
or securities
in this section
designated ;

Or who shall
utter, or pub-
lish as true,
any of the said
forged, alter-
ed, or coun-
terfeited wri-
tings, instru-

Sect. 47. If any person or persons shall falsely make, forge, alter or counterfeit, or
cause or procure to be falsely made, forged, altered or counterfeited, or willingly act or
assist in falsely making, forging or counterfeiting any audited certificate or other certifi-
cate, issued or purporting to have been issued by the auditor general, or other officer
authorized to issue the same, or any order or warrant issued, or purporting to have been
issued, by the Governor, or the president of the Senate or speaker of the House of Repre-
sentatives of the General Assembly of this state, or by any officer of the government or
authorized person, on the treasury of said state, for any money or other thing, Or any
warrant for land, issued or purporting to have been issued by the justices of any land
court, or by any other tribunal, officers or person authorized to do so within this state, or
any certificate, draft, warrant or order, from any of the public officers of this state, issued
or purporting to have been issued under or by virtue of an act or resolution of the
legislature or General Assembly of this state, or any certificate, draft or order, or war-
rant issued or purporting to have been issued by any court, officer or person authorized
to draw on the treasury of this state, or for public money, wherever the same may be
deposited, or any deed, will, testament, bond, writing obligatory, bill of exchange,
promissory note or order for money or goods, or any acquittance or receipt, or any
endorsement or assignment of any bond, writing obligatory, bill of exchange, promissory
note or order for money or goods, with intent to defraud the said state, public officer or
officers, courts or any persons authorized, or any person or persons whatever ; or shall
utter or publish as true, any false, forged, altered or counterfeited audited certificate,
Governor's, president's, speaker's, or other public officer's, court's or person's duly
authorized certificate, draft, warrant or order, so as aforesaid issued or purporting to
have been issued, or any deed, will, testament, bond, writing obligatory, bill of exchange,

PENAL CODE. 1817. 629

promissory note, or order for money or goods, or acquittance and receipt for money or (No. 381.)
goods, or any endorsement or assignment of any bond, writing obligatory, bill of ex- m6**f^T se~

change, promissory note or order for money or goods, with intent to defraud the said state, knowing them
t' ° r ■ ' r • * i- to be false, &c.

public officers, courts, or persons authorized as aforesaid, or any person or persons what-
soever, knowing the same to be so falsely made, forged, altered or counterfeited ; every
such person or persons, so offending, and being thereof convicted, shall be punished by How punish
imprisonment in the penitentiary, at hard labour or in solitude, for any period of time
not less than two years, nor longer than ten years.

Sect. 48. If any person shall falsely and fraudulently make, forge or counterfeit, or Any person

. . . r counterfeit-

be concerned in the false and fraudulent making, forging and counterfeiting, ol any gold, -mg of any

silver or copper coin, which now is, or shall be passing or in circulation within this fopp'ercoin;
state, or shall falsely and fraudulently make, or be concerned in the false and fraudulent
making, of any base coin, of the likeness or similitude of any gold, silver or copper
coin, which now is, or shall be passing or in circulation within this state ; or shall falsely Or who shall
and fraudulently utter, publish, pay or tender in payment, any such counterfeit and forged tender in pay-
coin of gold, silver or copper, or any base coin, knowing the same to be forged and ^nterfekor
counterfeited, or base, or shall aid or abet, counsel or command the perpetration of either base coin» &c'

of the said crimes; such person shall, on conviction, be punished by a fine not exceeding How punish

ed..
five hundred dollars, and also undergo an imprisonment at hard labour or in solitude,

in the penitentiary, for a period of time not exceeding ten years*

Sect. 49. If any person shall falsely and fraudulently make, sign or print, or be con- Counterfeit-
cerned in the false and fraudulent making, signing or printing any counterfeit note or 'bill or note
bill, of a bank of this state, or the note or bill of any incorporated bank, whose notes ^.c' ~?ow pun"
or bills are in circulation in this state, or falsely and fraudulently cause or procure the
same to be done ; such person, on conviction, shall be punished by imprisonment in the
penitentiary, at hard labour or in solitude, for any period not exceeding ten years.

Sect. 50. If any person shall falsely and fraudulently make, sign or print, or be con- Counterfek-

cerned in the false and fraudulent making, signing or printing of any check or draft, checks or
upon any bank of this state, or bank as aforesaid, or falsely and fraudulently cause or ra tS'

procure the same to be done ; such person, on conviction, shall suffer the same punish- How punish-
ment as is mentioned for the crime, in the preceding section.

-Sect. 51. If any person shall falsely and fraudulently alter, or be concerned in the Fraudulently
false and fraudulent alteration of any genuine note, bill, check or draft, as aforesaid, or genuine bank
falsely and fraudulently cause or procure the same to be done ; the person so offending "heck or draft,
shall suffer the same punishment as is prescribed for the crime of falsely and fraudu- howPunisued
lently making, signing and printing any bank bill or note, in the forty-ninth section.

630

PENAL CODE. 1817.

(No. 381.) Sect. 52. If any person shall falsely and fraudulently pass, pay, or tender in pay-
uttering, pass- ment, utter or publish, any false, forged, counterfeit or altered note, bill, check or draft,
ing or tender-

ing in pay- as aforesaid, knowing the same to have been falsely and fraudulently forged, counter-
counterfeit or feited or altered, the person so offending shall, upon conviction, be punished by impri-
altered^bank sonment at hard labour or in solitude, in the penitentiary, for any time not exceeding

or draft, know- ^en years,
ing it to be
such, how

Having- said Sect. 53. If any person shall have in his or her possession, any such false, forged,

counterfeit or counterfeit or altered note or notes, bill or bills, draft or drafts, check or checks, with

altered notes,

bills, &c. in intention fraudulently to pass the same, such person, on conviction, shall be punished

T)osst*ssion ~~

with intent to by imprisonment at hard labour, in the penitentiary, for any period of time not exceed-

pass the same, • rr

how punished, mg fifteen years.

Havinginpos- Sect. 54. If any person shall have in his or her possession any bank paper, types,
bank paper, plates or machinery, for the purpose of falsely or fraudulently forging and counterfeit-
types or ma- jng any notes^ bills, checks or drafts as aforesaid, the person so offending shall be pun-

the purpose ished by imprisonment at hard labour, in the penitentiary, for any period of time not
of forgery and

counterfeit- exceeding ten years,
ing, how pun-
ished. -

Counterfeit- Sect. 55. If any person shall falsely and fraudulently make, forge, counterfeit or
any note ebilf a^ter anY note, bill, draft or check of or on any person, body corporate, company or
&c of any bo- merCantile house or firm, or purporting so to be, or fraudulently and falsely utter, pub-
company, or lish, pass, pay or tender the same in payment, or demand payment of the same, know-
mercantile .... ri r r • r
firm, or utter- mg the said bill, note, draft or check to be forged and counterfeit, or falsely and frau-

&c. the same dulently altered ; such person so offending shall be punished by imprisonment in the
how punished, penitentiary, at hard labour or in solitude, for any period of time not exceeding ten
years.

Making, sign- Sect. 56. If any person shall fraudulently make, sign or alter, or be concerned in the

ins* or silt^r-

ing any other fraudulent making, signing or altering, any other writing, with intent to defraud any

writing wit a person or persons, or body corporate, or shall fraudulently cause or procure the same to
tent, how pun- be done, the person or persons so offending shall, on conviction, be punished by impri-

sonment at hard labour, in the penitentiary, for any period of time not exceeding five

years.

The offences Sect. 57. If any person shall falsely and fraudulently forge or counterfeit, or falsely
counterfeit- De concerned in the forging and counterfeiting the great seal of this state, or any seal
e*fdT* *blic used f°r government purposes, the public and common seal of any court, office, county

or other seals, or a corporation, or any other seal authorized by law, or^shall falsely and fraudulently
authorized by -\ . J J J J

law; cause or procure the same to be forged and counterfeited, or shall falsely, fraudulently,

PENAL CODE. 1817. 631

and knowingly, impress or cause to be impressed, any instrument whatever, whether the (No. 381.)

same be written or printed, or partly written and partly printed, with. such forged and

counterfeit seal; or shall falsely, fraudulently, and knowingly annex or affix, or cause to

be- annexed or affixed to any such instrument, such forged and counterfeit seal ; or shall And the of-

fence of utter-
falsely and fraudulently ut r or publish any instrument or writing whatever, impressed ing any instru-

with such forged and counterfeit seal, knowing the same to be forged and counterfeit ; ^ with such"

the person so offending, shall be punished by imprisonment in the penitentiary, at hard counterfeit

labour or in solitude, for any period of time not exceeding ten years. ished.

Sect. 58. Any person who shall draw or make a bill of exchange or promissory note, Drawing, en-

or endorse or accept the same, in a fictitious name, shall be guilty of forgery, and, on accepting a

conviction, be punished by imprisonment at hard labour for any period of time not ^^gQ, 0"r

exceeding five years. "otein a ficti"

° J tious name,

~ how punished.

Sect. 59. If any person shall put his own name to any instrument, representing him- Any person

sisrmnfir his
self to be a different person of that name, such person shall be guilty of forgery, and, name to any

upon conviction, shall be punished by imprisonment in the penitentiary, at hard labour or a"d represent-
in solitude, for any period of time not exceeding seven years. nig. himself to

person of that name, how punished.

Sect. 60. If any person shall designedly, by colour of any counterfeit letter or writing, Fraudulently
. . • r obtaining any

made m any other person s name, or fictitious name, obtain from any person money, goods, &c.

goods, chattels, or other valuable thing, with intent to defraud any person, mercantile ^"by "means"

house or body corporate, of the same, the person so offending shall be punished by im- of ™Y ?°"n"

prisonment in the penitentiary, at hard labour or in solitude, for any period of time not or writing;

exceeding five years. How punish-

SEVENTH DIVISION.
Crimes and offences against the public justice.

Sect. 1. If any person shall wilfully and corruptly commit perjury, or shall by any Perjury and

, .... , . . i • -i subornation

means procure or suborn any person to commit willul and corrupt perjury on his or her of perjury;

oath or affirmation, legally administered in any judicial proceeding, matter or cause,

which may be depending in any of the courts of this state, or before any judge, justice,

mayor, alderman, or other magistrate^ or before any notary public, arbitrator or clerk, or

in any deposition or affidavit, taken for any purpose whatever, or in any deposition taken

pursuant to the laws of this state, or of the rules, orders and directions of any court,

judge or arbitrator ; or if any person, in taking any other oath or affirmation required

by any act of the General Assembly of this state, shall be guilty of wilfully and corruptly

532 PENAL CODE. 1817.

— •* * ■ ■.

(No. 381.) making a false oath or affirmation; or if any person shall procure or suborn to make any

Punishment. such false oath or affirmation ; every person so offending shall, on conviction, be punished

by imprisonment in the penitentiary, at hard labour or in solitude, for any time not less

than three years, nor longer than ten years, and shall, moreover, be for ever disqualified

from being a witness in any matter in controversy.

Any verdict, Sect. 2. Any verdict or judgment, rule or order of court, which may have been

through per- obtained or entered up, shall be set aside and be of no effect, if it shall appear that

'^side ° 6 S£ ^e same was obtained or entered up, in consequence of wilful and corrupt perjury ; and

it shall be the duty of the court in which such verdict, judgment, rule or order may

have been obtained or entered upv to cause the same to be set aside upon motion and

Under what notice to the adverse party ; but it shall not be lawful for the said court to do so, unless

shall be done. t^e person charged with said perjury shall have been thereof duly convicted, and unless

it shall appear to the said court that the said verdict, judgment, rule or order could not

have been obtained or entered up, without the evidence of such perjured person, [and*

unless the application to set aside such verdict, judgment, ride or order shall be made

xvithin one year after the same shall have been obtained or entered up, .], saving always to

third persons innocent of such perjury, the right which they may have lawfully acquired

under such verdict, judgment, rule or order, before the same shall have been actually

vacated and set aside.

For taking Sect. 3. If any person, by wilful and corrupt perjury, shall take away the life of

o7any J^1 or another, or by such wilful and corrupt perjury, convict another of any offence which by

procuring a ^jg coje \s punishable with death or perpetual imprisonment, such person shall bfe

conviction for l

an offence punished with death or perpetual imprisonment.

punishable > , ,

with death or perpetual imprisonment, by perjury r offender how punished.

Bribery, or an Sect. 4. If any person shall directly or indirectly give, or offer to give any money,
bribe, &c goods or other bribe, present or reward, or give or make any promise, contract or agree-

ment for the payment, delivery or alienation of any money, goods or other bribe, or
use any promises, threats, persuasions or other like sinister, unfair or fraudulent prac-
tices, in order to obtain or influence the opinion, judgment, decree or behaviour of any
member of the General Assembly, or any officer of this state, judge, juror, justice,
referee or arbitrator^ in any discussion^ debate, action, suit, complaint, indictment, con-
How punish- troversy, matter or cause, depending, or which shall depend before him or them ; such
person shall, on conviction, be punished by imprisonment in the penitentiary, at hard
labour or in solitude, for any time not exceeding five years ; and.the member of the

* So much of this section as is embraced in the brackets is repealed by act of 1818, No. 382, sect. 2.

PENAL CODE. 1817. 633

General Assembly or officer, judge, juror, justice, referee or arbitrator, who shall (No. 381.)
accept or receive such bribe, shall, on conviction, be punished by imprisonment in the *0^ribe!ing
penitentiary, at hard labour, for any period of time not exceeding ten years. ° unshed*1™

Sect. 5. If any judge, justice, mayor, alderman, clerk, sheriff, coroner, or other public The offence

officer, or any other person whatever, shall steal, embezzle, alter, corrupt, withdraw, z]ingj altering,

falsify, or avoid any record, process, charter, gift, grant, conveyance or contractor shall ^d^&c^Mid

knowingly and willingly take off, . discharge or conceal any issue, forfeited recogni- other offences

sance or other forfeiture, or shall forge, deface or falsify any document or instrument documents

recorded, or any registiy, acknowledgement or certificate, or shall alter, deface or falsify herein desig-

any minute, document, book, or any proceeding whatever, of or belonging to any public nated ;
office within this state ; or if any person shall cause or procure any of the offences afore-
said to be committed, or be in anywise concerned therein ; the person so offending shall

be punished by imprisonment in the penitentiary, at hard labour or in solitude, for any How punish -
time not less than one year, nor, longer than ten years.

Sect. 6. If any jailor, by too great a duress of imprisonment or other cruel treatment, Jailors, how
... . . .... . punished for

make or induce a prisoner to become an approver, or accuse and give evidence against compelling a

some other person, or be guilty of wilful inhumanity or oppression to any prisoner un- Pnsoner to

der his care and custody such iailor shall be punished by removal from office, and im- prover, &c.

. . ... " . and for other

prisonment in the penitentiary, at hard labour or in solitude, for any time not less than inhumanity.

one year, nor longer than two years.

Sect. 7. If any officer, after the expiration of the time for which he may have been ap- Any officer

pointed or elected, shall wilfully and unlawfully withhold or detain from his successor withhold offi-

the records, papers, documents, or other writings, appertaining and belonging to his cial records,

office, or mutilate, destroy, take away, or otherwise prevent the complete possession by successor, or
, . . , r . , , , , • • , who shall mu-

hlS said successor ol said records, documents, papers, or other writing, such person so tilate, take

offending shall be sentenced to pay a fine, and to undergo imprisonment in the common g^y j^J e"

■jail of the county, as the court may order and direct. same, &c.

How punish-
ed.

Sect. 8. If any person shall acknowledge or procure to be acknowledged, in any of Fraudulent

the courts of this state, any recognisance, bail or judgment, in the name of any other mentTbf^

person, not privy or consenting thereto, such person, on conviction, shall be imprisoned rec°g"nisance,

in the penitentiary, at hard labour or in solitude, for any period of time not exceeding nameofaper-

. r son not privy

three years. thereto;

How punish-
ed.

Sect. 9. If any person shall knowingly and wilfully obstruct, resist or oppose any she- For resisting,
riff, coroner or other officer of this state, or other person duly authorized, in serving, or at- ri^' ^ e"
tempting to serve or execute any lawful process, or order of any court, judge, justice or

4 M

634 PENAL CODE. 1817.

(No. 381.) arbitrator, or any other legal process whatever, or shall assault or beat any sheriff, coro-
ner, constable or other officer, or person duly authorized, in serving or executing any
Offender how process or order aforesaid, or for having served or executed the same; every person so
owpui . 0flpencjmg shai^ on conviction, be imprisoned in the common jail of the county, for any

Proviso. time not exceeding one year, as the court may order and direct : Provided, any officer

Officers unne- whatever, that may or shall assault or beat any individual, under colour of his commis-

cessanly as- '

saulting, he, sion, without a lawful necessity to do so, shall, on conviction, be imprisoned in the com-

an individual, . - .„ - .. .

under colour mon jail of the county, tor apy time not exceeding one year, as the court may order and

of their com- ,•
missions, how 0lrect-

punished. •

The rescue of Sect.. 10. If any person shall rescue another, in legal custody on criminal process,

a person in

legal custody, such person shall receive the same punishment as the person rescued would, on convic-

process, how tion, be sentenced to receive ; and if the person so rescued shall not have been tried,

punished. or shari have been acquitted, it shall be lawful to charge the person rescuing as for a

misdemeanor; and upon conviction, he shall be imprisoned in the common jail of the

county, for any period of time, not exceeding one year, as the court shall or may order

and direct.

< '
The rescue of Sect. 11. If any person or persons shall rescue another, in legal custody on civil

custody under process, such person or persons shall be indicted, and on conviction, shall be sentenced
a civil process, tQ ^^ a ^ne eqUai to the amount of the debt or demand, for which such process was

issued, and the said person or persons shall be imprisoned in the common jail of the,

county, at the discretion of the court.

For assisting a Sect. 12. If any person shall aid or assist a prisoner, lawfully committed or detained

jail to escape, in any jail, for any offence against this state, or who shall be lawfully confined by any

1 ben°ade' clYl^ process, to make his or her /escape from jail, although no escape be actually made;

or for furnish- or jf any person shall convey, or cause to be delivered to such prisoner, any disguise,

guise, &c. to instrument or arms, proper to facilitate the escape of such prisoner ; any such person,
facilitate an , , , -. , ■,-, .<" "''"■, , r,< ...

escape, offen- although no escape or attempt to escape be actually made, shall, on conviction, be pun-

der, how pun- -g^gj Dy imprisonment at hard labour, in the penitentiary, for any time not exceeding
two years.

For aiding any Sect. 13. If any person shall aid or assist any prisoner to attempt to escape from

cape from a tne custody of any sheriff, constable, officer or other person, who shall have the lawful

f ie^' ?C' charge of such prisoner, every person so offending shall, on conviction, undergo an

punished. imprisonment in the penitentiary, for any time not exceeding five years.

Escapes from Sect. 14. If any person, confined in the penitentiary, shall escape therefrom, and be

tiary,how thereafter retaken, such person shall be indicted for an escape, and being thereof con-
punished.

PENAL CODE, 1817. 635

for voluntary
escapes.

victed, shall be imprisoned for a term not exceeding three times the term of his original (No. 381.)

imprisonment. Any person who shall aid or assist a prisoner, confined in the peniten- For aiding- a

~ prisoner to es-

tiary, to escape, or in an attempt to escape therefrom, being thereof convicted, shall be cape from the

imprisoned at hard labour in the penitentiary, for a term not exceeding double the time Sffende^Tow

of the imprisonment which the person so escaping, or attempting to escape, was sen- Punished-

tenced to undergo.

Sect. 15. If any sheriff/coroner, keeper of a jail, keeper, other officer or person employed Sheriffs, coro-

-'.-'.■ < r - . ners, jailors, 1

in the penitentiary, having any offender, guilty, or accused of, or confined for any crime, penitentiary

in his custody, shall voluntarily permit or suffer such offender to escape and go at large, now pJnishea

every such sheriff, coroner, keeper of a jail, keeper, officer or other person employed in

the penitentiary, constable, or other officer or person so offending, shall, on conviction,

undergo an imprisonment in the penitentiary at hard labour, or in solitude, for any time

not less than five years, nor exceeding seven ; and shall, moreover, if a public officer, be

dismissed from office.

Sect. 16. If anv sheriff, coroner, keeper of a iail or other officer, shall wilfully re- An>' s}ier'?>

J r j j &c wno shajj

fuse to receive any offender charged with, or guilty of an indictable offence, or commit- refuse to re-
ted as a witness on the part of this state, or having such offender or witness in his cus- ers, or any
tody, shall voluntarily permit or suffer him or her to escape, and go at large, then every mittg<j on tne
such sheriff, coroner, keeper of a jail^ constable, or other officer or person so offending, part of the

shall, on conviction, undergo an imprisonment in the penitentiary, for a period of time fer them to

r escape after

not exceeding seven years. being in cus-

tody, how
punished.

Sect. 17. If any person or persons shall buy or receive any goods or chattels, that Purchasers or
. i r • i • receivers of

shall be feloniously taken or stolen from any other person, knowing the same to be stolen goods,

stolen, he, she or they shall be taken and deemed an accessory or accessories, after the t0 be S(^ch

fact, and shall incur the same punishment as would be incurred and inflicted on the deemedacces-

r sones arter

person or persons, convicted of having stolen the said goods or chattels, so bought or the fact.

received, knowing the same to be stolen. ment.

Sect. 18. If any person shall receive, harbour or conceal any burglars, felons or For harbour-
ing, &c. bur-
thieves, knowing them to be so, he, she or they shall be taken as accessory or accesso- giars, felons

ries after the fact, and being convicted, shall be punished by imprisonment in the peni- 0g-entier how

tentiary, at hard labour or in solitude, for any time not exceeding three years. punished.

Sect. 19. If the principal thief or thieves cannot be taken, so as to be prosecuted Purchasers

and receivers
and convicted, it shall and may be lawful to prosecute any person buying or receiving of stolen

any goods stolen by such principal thief or thieves, knowing the same to be stolen, as abieforamis-

for a misdemeanor, although the principal thief or thieves be not before convicted, or jJ^^°J'e

4M 2

636 PENAL CODE. 1817.

(No. 381.) whether he or they are amenable to justice or not ; and on conviction, every person so
principals be buying or receiving stolen goods, knowing them to be stolen, shall undergo an impri-
&c. sonment in the penitentiary, at hard labour, or in solitude, for any time not exceeding

Their punish- £ve years . anc[ thjs prosecution and punishment shall exempt the offender from being

tried and punished as accessory, if such principal thief or thieves shall be afterwards

taken and convicted.

For com- Sect. 20. If any person shall take money, goods, chattels, lands, or other reward,

tain offences in promise thereof to compound any treason, exciting or attempting to stir up and ex-

in this section . . _

designated; cite an insurrection or revolt of slaves, murder, manslaughter, rape, sodomy, arson,

forgery, burglary, house-breaking, robbery, larceny, receiving stolen goods or other

property, escape, rescue, breach of prison, bribery, perjury or subornation of perjury,

or any other offence heretofore denominated felony, or any offence punishable in this

code with imprisonment in the penitentiary, at hard labour, or in solitude, for a period

Offender, how of two years or longer; every person so offending shall, on conviction, be sentenced to
punished. . . . " . _ . .

undergo an imprisonment m the penitentiary, tor any time not exceeding five years.

Any informer Sect. 21. If any person informing or prosecuting, under pretence of any penal law,,

or prosecutor

under a penal shall compound with the offender, or direct the suit or information to be discontinued,

compound unless it be by leave of the court where the same is brought, every person so offending

with the of- shall, on conviction, be sentenced to pay a fine equal to so much of the penalty>as he or

continue the she would be entitled to, if the defendant, or party prosecuted, had been found guilty

prosecution,

how punished, or convicted.

Conspiracy, Sect. 22. If any two or more persons shall conspire or agree, falsely and mali-

howpunished. - . \. . "

ciously, to charge or indict, or to cause or procure to be charged and. indicted, any per-
son, he, she or they so offending shall, on conviction, be sentenced to undergo an im-
prisonment at hard labour in the penitentiary, for a period of time not exceeding five
years.

a common Sect. 23. If any person shall be found and adjudged a common barrator, vexing

barrator, how , . . , . . ' ,, ... .

punished. ~ others with unjust and vexatious suits, he shall, on conviction, be sentenced to pay a

fine not exceeding five hundred dollars : and if the offender belongs to the profession of

the law, he shall also be disqualified from practising for the future.

Embracery Sect. 24. Embracery, is an attempt to influence a jury corruptly to one side, by

Embracers promises, persuasions, entreaties, money, entertainments and the like. Every embracer

how punished. who shall procure any juror to take money, gain or profit, or shall corruptly influence a

juror, by persuasions, promises, entreaties, or by any other means, shall be punished by

imprisonment in the penitentiary not exceeding three years ; and the juror convicted of

PENAL CODE. 1817.

637

taking money, gain or profit, or of corruptly being influenced as aforesaid, shall be sen- (No. 38 1/)
tenced to be imprisoned in the penitentiary, at hard labour, for any time not less than Juror taking
three years, nor exceeding five years, and moreover be for ever disqualified to act as a how punished-

uror.

Sect. 25. Any justice of the peace charged with malpractice m office, by using of Justices of the

... . peace, how

oppression, tyrannical partiality, or any other conduct unbecoming his character as an punished for

upright magistrate, in the administration, and under colour of his office, ^hall, upon 0^^e &c

conviction, be sentenced to pay a fine, or to be imprisoned in the common jail of the

county, as the court may order and direct, and also be removed from office.

Sect. 26. If any person shall knowingly send or deliver any letter or writing, Any person

t . r • i • , sending or de-

threatening to accuse another person ot a crime, with intent to extort money, goods, livering any

chattels, or other valuable thing, or threatening to maim, wound, kill or murder, or to ter°&c?with

burn his or her house or other property, though no money, goods, chattels, or other va- *ntent to ex-

luable thing be demanded ; any such person so offending, shall, on conviction, be sen- &c.

tenced to undergo an imprisonment, at hard labour or in solitude, in the penitentiary, H?w Punisn°

for any time not exceeding two years.

Sect. 27. Any other offences against the public justice heretofore punishable by Genera!
indictment in the courts of this state, or which may occur, shall be punished by impri-
sonment in the common jail of the county, or fine, or both, at the discretion of the
court.

EIGHTH DIVISION.

Sect. 1. If two of more persons assemble for the purpose of disturbing the public Disturbers of
peace, or committing any unlawful act, and do not disperse upon being desired or com- peace" °
manded so to do by a judge, justice, sheriff, constable or other public officer, persons so
offending shall be guilty of a misdemeanor, and, on conviction, shall be fined or im- How punish-
prisoned in the common jail of the county, as the court may order and direct.

Sect. 2. If any two or more persons, either with or without a common cause of Itioters;
quarrel, do an unlawful act of violence, or any other act in a violent and tumultuous
manner, such persons so offending shall be guilty of a riot, and, on conviction, shall be Their punish-
sentenced to pay a fine, or be imprisoned in the common jail, or both, as the court may
order and direct ; but if the circumstances attending the riot shall be of an atrocious or
aggravated nature, the offenders'may? at the discretion of the court, be fined and im-
prisoned in the penitentiary for any time not exceeding two years.

638

PENAL CODE. 1817.

(No. 381.) Sect. 3. Affrayers are the fighting of two or more persons in some public place to the

Affrays defin- terror 0f tne citizens and great disturbance of the public tranquillity. Persons so offend-

Punishment. ing shall be indicted, and, on conviction, shall be fine or imprisoned in the common jail

of the county, or both ; and it shall be considered as a great aggravation of this offence,

if any contempt or disobedience of the magistrate, or other public officer commanding the

peace, shall be proven.

Civil and mili-
tary officers to
take an addi-
tional oath.

The oath.

Sect. 4. *That from and after the passing of this act all officers, civil and military,
that hereafter may be appointed, shall take and subscribe the following oath, in addition
to the other oatlf or oaths already prescribed, before they enter 'on the duties of their
respective appointments, viz : " I, A. B. do solemnly swear, in the presence of Almighty
God, that I have not, since the first day of July, eighteen hundred and eighteen, been
engaged in a duel, either directly or indirectly, as principal or second, or in any other
character whatever, or giving or accepting, carrying or receiving a challenge, or in any
other manner whatever been concerned therein, either within or without the limits of
this state, since I have first resided within this state."

Any justice, Sect. 5. If any justice, or other officer bound to preserve the public peace, shall have

ofan^ntend- knowledge of an intention to fight with any deadly weapon given Or received, and not

ed duel, how use an(j exert his official authority to arrest the parties and prevent the duel, such

punished for - .

not arresting- justice or other officer shall, for such neglect of duty, be indicted, and, on conviction,

the parties, .

&c. dismissed from office. ,.: , ■ :<

Any person Sect. 6. If any person or persons shall, in any newspaper or hand-bills, written or

another af a printed, -publish or proclaim any other person or persons as a coward, or use any other

coward, &c. opprobrious and abusive language, for not accepting a challenge or fighting a duel, such

ing a chal- person or persons so offending shall, on conviction, be sentenced to pay a fine not exceed-

lenge or fight- . -

ing a duel, ing five hundred dollars, as the court may order and direct.

how punished.

The printer Sect. 7. The publisher or printer of any newspaper, hand-bill or other publication

petent witness snan> m a^ publications under the last mentioned section, be summoned as a witness,
and be accepted by the court as a good witness against the writer or writers of such
publication or hand-bill ; and if the said printer or printers, when summoned before the
court, shall refuse to give up the writer's name or names, the court shall consider him or
them as guilty of a flagrant contempt, and proceed to punish him or them in an exem-
plary manner.

against the
writer.

Punishable
for a contempt
if he refuse to
give up the
writer's name.

* This section altered by the 3d section of an act of 1818, No. 382. See also the 4th, 5th and 6th sections
of the same act, as to the offences of challenging, &c.

PENAL CODE. 181T. e>39

Sect. 8. A libel is a malicious defamation, expressed either by printing or writing, (No. 381.)
or signs, pictures and the like, tending either to blacken the memory of the one who is J-ibel defined,
dead, or the honesty, virtue, integrity or reputation of one who is alive, and thereby
exposing him to public hatred, contempt or ridicule ; every person convicted of this Punishment,
offence shall be sentenced to pay a fine not exceeding one thousand dollars, and undergo
an imprisonment in the common jail of the county for any time not exceeding one year,
as the court may order and direct.

Sect. 9. In all cases of indictment for a libel the person prosecuted shall be allowed The truth

may be given
to give the truth in evidence. in evidence.

Sect. 10. All other offences against the public peace shall be prosecuted and indicted General

. clause .
as heretofore ; but the punishment, in every case, shall be fine or imprisonment in the

common jail of the county, or both, at the discretion of the court'.

NINTH DIVISION.

Offences against the public morality, health and police*

Sect. 1. If any person shall have two wives or two husbands, atone and the same For having

• . „ , ,. . , •• c 1 -r ill! i i n two wives or

time, knowing of the living and existence ol such wile or husband, he or she shall, on two husbands

conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo *ime %Sff™nder

an imprisonment at hard labour, in the penitentiary, for any time not exceeding three how punished,

years, and the second marriage shall be void ; but long absence of the wife or husband, Cause of ac=

and no information of the fate of such husband or wife, shall be cause of acquittal of the

person indicted; and in every case the. issue of such second marriage, born before the issue of the

r r , . . , . , ,. . r . second mar-

commencement 01 any prosecution lor bigamy, or withm the ordinary time ol gestation ria„e ma(je

thereafter, shall, notwithstanding the invalidity of such marriage, be considered as le£ltimate-

legitimate.

Sect. 2. If any man or woman, being unmarried, shall knowingly marry the husband A single per-

■ r r 1 1 1 ii • • 1 i son knowingly

or wile ol another person, such man or woman shall, on conviction, be sentenced to marrying the

undergo an imprisonment at hard labour, in the penitentiary, for any time not exceeding band^f aUS-

three years. ther> how

punished.

Sect. 3. If any person shall commit incestuous fornication or adultery, or intermarry Incest, how
within the degrees of consanguinity or affinity established by law, he or she shall, on
conviction, be sentenced to undergo an imprisonment in the penitentiary, for a period
of time not exceeding two years,

640

PENAL CODE. 1817.

(No. 381.)

Adultery, for-
nication, &c>
how punished.

Sect. 4. Any man and woman who shall live together in an open state of adultery,
fornication, or adultery and fornication, which will be sufficiently established by any
circumstances which raise the presumption of cohabitation and unlawful intimacy, or
who shall otherwise commit adultery, fornication, or adultery and fornication, shall be
severally indicted, and on conviction, such man and woman shall be severally sentenced
to pay a fine not exceeding five hundred dollars ; and on conviction a second time, a fine
of one thousand dollars ; and for every repetition of the offence, a fine in the same pro-
portion ; and moreover may be imprisoned in the common jail. But it shall, at any-
time, be in the power of the parties to prevent or suspend the prosecution by marriage,
if such marriage can be legally solemnized.

Prosecution
may at any
time be super-
seded by mar-
riage of the
parties.

Open lewd-
ness, &c. and
keeping open
tippling-
houses on the
Sabbath day
or night, how
punished.

Keepers of
lewd houses,
how punished.

Sect. 5. If any person shall be guilty of open lewdness, or any notorious act of
public indecency, tending to debauch the morals, or keeping open tippling-houses on the
Sabbath day or Sabbath night, he or she shall be indicted, and on conviction, shall be
fined and imprisoned, at the discretion of the court.

Sect. 6. If any person shall, for his or her emolument or livelihood, maintain and
keep a lewd house, or place for the practice of fornication, either by themselves or
others, he or she shall, nn conviction, be sentenced to pay a fine, or be imprisoned, at
the discretion of the court.

Keepers of Sect. 7. If any person shall keep and maintain a common, ill governed and disor-

disorderly • »

houses, how derly house, to the encouragement of idleness, gaming, drinking, or other misbehaviour,

punished. tQ ^e COmmon disturbance of the neighbourhood -or orderly citizens, he or she shall, on

conviction, be sentenced to pay a fine, or be imprisoned, at the discretion of the court.

Keepers of Sect. 8. If any person shall, by himself, servant or other agent, for his gain or liv-

houses* tables mS» keep, have, exercise or maintain a common gaming-house, table or room, or in any
or ro°ms, how house or place occupied by him, procure or permit any persons to frequent, or come to-
gether to play for money or any other valuable thing, at any game, he or she, on con-
viction, shall be sentenced to pay a fine, or be imprisoned at the discretion of the court.

Gambling.

How punish-
ed.

Sect. 9. Any person or persons, who may be found playing and betting, or playing
or betting at any game, with cards, dice, checks, or at billiards, or any other instrument,
article or articles, thing or things whatsoever, heretofore used, or which may hereafter
be used, for the purpose of betting upon, or winning or losing money, or any other
thing or things, article or articles of value, or any property, or any other article or arti-
cles, thing or things of value, may be indicted ; and on conviction thereof, shall be fined
in a sum, not less than fifty, nor more than five hundred dollars, one half to the benefit
of the informer, and the other half for the vise of the county where the offence may

PENAL CODE. 1817. g41

have been committed: Provided, that this act shall not be construed to extend to horse- (No. 381.)
racing, shooting with guns of any description used against an enemy, wrestling, jump- Proviso-
ing, foot-racing, five playing, pitching with quoits or dollars, or any other peaceable and
civil athletic exercise of man or men, not herein particularly enumerated.

Sect. 10. That it shall be the xluty of the judges of the Superior Courts of this judgestogive

state, at the opening or commencement of every court, to give in charge to the grand grand juries

juries respectively, the substance and intention of the legislature, as contained in the t^et^-ectl0ils

several sections in this code, relative to gambling. relative to

gambling.

Sect. 11. That it shall be lawful for any lawful officer, with legal authority, to break Gaming rooms
. , . ... , . , . .or houses mav

open suspected rooms or houses, where it is commonly known that gaming is carried on, be broken

and to take any persons found gaming, and to bind them over to the next Superior Court, ^ose found

to be held in and for the county where such offences may be committed. gaming there-

■; ,- in, bound over

to the next
n , court.

Sect. 12. All nuisances not here mentioned, which tend to annoy the community, or other nui-

injure the health of the citizens in general, or to corrupt the public morals, shall be in- ^"njshed^
dictable and punishable, by fines or imprisonment, at the discretion of the court. And Suppression
any nuisance which tends .to the immediate annoyance of the citizens in general, is ma- re^uMed^8
nifestly injurious to the public health and safety, or tends greatly to corrupt the man-
ners and morals of the people, may be removed or suppressed by the order of any two
or more justices of the peace of the county, founded upon the opinion and verdict of
twelve freeholders of the same, who shall be summoned, sworn and empowered for that
purpose ;-which order shall be directed to, and executed by the sheriff" of the county or
his deputy : and if the nuisance exist in a town or city, under the government of a
mayor, intendant, aldermen, wardens, or a common council, such nuisance, by and with
the advice of said aldermen, wardens or council, may be removed or suppressed, by
order of said mayor or intendant ; which order shall be directed to, and executed by the
sheriff or marshal of said town or city, or his deputy ; and reasonable notice shall, in Notice to par-
every case,, be given to the parties interested, of the time and place of meeting of such ed
justices and freeholders, or of such mayor, intendant and aldermen, wardens or council.

Sect. 13. Any butcher or other person, selling the flesh of a diseased animal, or For selling the
other unwholesome provisions, shall be indicted, and on conviction, for the first offence, ease(j animal
be sentenced to pay a fine at the discretion of the court : and for the second offence, *cc' °"endier»

shall be fined and imprisoned at the discretion of the court.

how punished.

Sect. 14. Any baker, brewer^ distiller, merchant, grocer or other person, selling un- Selling un-
wholesome bread, drink, or pernicious and adulterated liquors, knowing them to be so, bread, drink,
shall be indicted, and on conviction, shall be fined at the discretion of the court; and isbgd°w PUn

4 N

642

PENAL CODE. 1817.

(No. 381.) on conviction for the second offence, such baker, brewer, distiller, merchant or grocer,
shall be sentenced to pay a fine, and be imprisoned at the discretion of the court.

Offences with
regard to the
small-pox.

Sect. 15. Any physician, surgeon or other person, wilfully endeavouring to spread
the small-pox without inoculation, or by inoculation with matter of the small-pox, or
using any other inoculation than that called vaccination, unless by special permission
from the Inferior Court of the county where the small-pox shall make its appearance,
shall be indicted, and on conviction, fined in a sum not exceeding one thousand dollars,
and moreover, be imprisoned at the discretion of the court.

Persons com- Sect. 16. Any person coming into this state by land or water, from any place in-
state from in- fected with a contagious disease, and in violation of quarantine regulations, shall be in-
fected c°"n- dieted in any county in this state in which he may be found,- and on conviction, sen-
violation of tenced to pay a fine not exceeding five hundred dollars, and also be imprisoned at the
quarantine re-
gulations, how discretion of the court,
punished.

Vagrants. Sect. 17. Any person wandering or strolling about, able to work, or otherwise to

support himself in a reputable way, or leading an idle, immoral, profligate course of
life, shall be arrested by a warrant, issued by any justice of the peace, mayor or alder-
man, and bound in sufficient security for his good behaviour and future industry, for

Their punish- one year; and upon his refusal or failure to give such security, he shall be committed^
and indicted as a vagrant, and on conviction shall be imprisoned in the penitentiary, at
the discretion of the court.

iiogues and Sect. 18. If any person shall be apprehended, having upon him or her any pick-

who shall be lock, key, crow, bit, or other implement, with intent feloniously to break and enter into
deemed sue . ^^ dwelling-house, warehouse, store, shop, coach-house, stable or out-house, or shall
have upon him any pistol, hanger, cutlass, bludgeon, or other offensive weapon, with
intent feloniously to assault any person, or shall be found in or upon any dwelling-
house, warehouse, store, shop, coach-house, stable or out-house, with intent to steal
Their punish- any goods or chattels, every such person shall be deemed a rogue and vagabond, and
on conviction, shall be sentenced to undergo an imprisonment in the common jail of
the county, or in the penitentiary, at hard labour.

General
clause.

Sect. 19. All other offences against the public morals, health, police or economy ?
shall be punished by fine or imprisonment in the common jail of the county, or in the
penitentiary. '

PENAL CODE. 1817. 643

(No. 381.)
TENTH DIVISION.

%
Offences committed by cheats and swindlers, and offences against public trade.

Sect. 1. If any person, by false representations of his own respectability, wealth, or Cheats and
mercantile correspondence and connections, shall obtain a credit, and thereby defraud
any person or persons of money, goods, chattels, or any valuable thing, or if any person
shall cause or procure others to report falsely of his honesty, respectability, wealth or
mercantile character, and by thus imposing on the credulity of any person or persons,
obtain a credit, and thereby fraudulently get into possession of goods, wares, merchan-
dize, or any valuable thing, shall be deemed a cheat and swindler, and on conviction, How punish
shall be sentenced to restore the property so fraudulently obtained, if it can be done,
and also to pay a fine at the discretion of the court.

Sect. 2. Any person using any deceitful means, other than those which have been General

C13.U.SC 3.S lO

mentioned in this code, or practices in matters of fraud, shall be deemed a cheat and cheating and
swindler, and on conviction, shall be sentenced to make such restitution to the party de-
frauded and cheated, and imprisoned at the discretion of the court.

Sect. 3. If any person or persons shall, by any fraud or shift,, circumvention, de- Cheating at

C 2LV CIS dice

ceit or unlawful trick or device, or ill practice whatever, in playing at cards, dice, or &c,
any game or games, or in or by bearing a share or part in the stakes, wagers or adven-
tures, or in or by betting on the sides or hands of such as do or shall play, obtain or
acquire to him or themselves, or to any other or others, any money or other valuable
thing or things whatever, such person or persons so offending shall be indicted, and on Punishmenf
conviction, shall be deemed a cheat, and sentenced to pay a fine of five times the value
of the money or other thing Or things so won as aforesaid, and also be imprisoned in
the common jail of the county, at the discretion of the court.

Sect. 4. Any baker or other person, selling bread under the assize established by Any baker,

&c. selling
the corporation of any town, city, or the regulations of any village, or the rules laid bread under

down by any law, shall be deemed a cheat, and on conviction, shall pay a fine, or be im- blished^assize
prisoned, at the discretion of the court. how punished.

Sect. 5. If any person shall sell by false weights or measures, he or she shall be Selling by-
false weights
deemed a cdmmon cheat, and on conviction, shall be sentenced to pay a fine, and be and measures,

imprisoned at the discretion of the court.

4 N 2

644

PENAL CODE. 1817.

(No. 381.) Sect. 6. Any other deceitful or artful practice, by which individuals or the public
clause*1 are defrauded and cheated, shall be pushed by fine or imprisonment, or both, at th<

discretion of the court.

The offences

of forestalling-,

&c. abolished, lished.

Sect. 7. The offences of forestalling, regrating and engrossing, are hereby abo-

Offences with Sect. 8. If any person or persons shall, maliciously or without authority, cut down,
regard to bea-
cons, Sic. how remove or destroy any beacon or beacons, buoy or buoys, erected by any commissioner

of pilotage, or other person or persons duly authorized for that purpose, shall be pun-
ished, on conviction, by confinement in the penitentiary, for any time not less than three
years, nor more than five years.

Counterfeit-
ins: ani mark
or brand esta-
blished by
law, and other
offences with
regard there-
to, how pun-
shed.

Sect. 9. If any person shall fraudulently counterfeit, or be concerned in fraudulently
counterfeiting any brand or mark directed by law, or shall fraudulently cause or procure
the same to be done, or shall use, export, sell, exchange, barter or expose to sale, any
bale, cask, barrel, hogshead, or vessel of any kind, or any other thing upon which a
brand or mark is directed to be made by law, with such counterfeit brand or mark,
knowing the same to be false and counterfeit; the person so offending, his aiders, coun-
sellors and abettors, shall, on conviction, be sentenced to pay a fine not exceeding two
hundred dollars, and also undergo an imprisonment in the common jail of the county,
at the discretion of the court.

Any person
putting any
dirt, rubbish,
&c. in any bale
ofcotton,cask,
&c. for the
purpose of ad-
ding to their
weight, deem-
ed a cheat.

How punish-
ed.

Sect. 10. Any person who shall put into, any bale or bales of cotton, hogshead or
hogsheads, barrel or barrels, sugar cask, or casks of sugar or of rice, hogshead or
hogsheads, barrel or barrels, cask or casks, containing pork, beef or other provisions,
any dirt, rubbish or other thing, for the purpose of adding to, and increasing the weight
or bulk of said cotton, sugar, rice, beef, pork, or other provisions or things ; every per-
son guilty of this fraudulent practice shall be deemed a common cheat, and being in-
dicted and convicted, shall be sentenced to pay a fine equal to the full value of said
cotton, sugar, rice, pork, beef or other provisions, and also to undergo an imprisonment
in the penitentiary at hard labour, for any time not exceeding five years.

General pro- Sect. 11. All other offences committed by cheating and deceit, or offences against

fences under tne public trade, not herein enumerated, but which may occur, or have heretofore been

this division, mciictable, shall be punished by fines, at the discretion of the court, and imprisonment

®d. in the common jail of the county.

PENAL CODE. 1817. 645

(No. 381.)
ELEVENTH DIVISION.

Fraudulent or malicious mischief.

Sect. 1. Any person or persons, who shall wilfully and maliciously set fire to or Setting fire to

1 1 11 • • or burning1 any

burn any stack or stacks of corn, grain, straw or hay, shall, on conviction, be sentenced stack of corn,

to pay a fine, equal to twice the value- of the stack or stacks so set fire to or burnt, and ished°W PUn
to undergo an imprisonment in the penitentiary, at hard labour, for any time not exceed-
ing three years.

2. If any person shall wilfully and maliciously set on fire, or cause to be set on fire, Maliciously

any woods, lands or marshes within this state, so as thereby to occasion loss, damage W00(]f &c t0

or injury to^any other person, he or she shall, on conviction, be sentenced to be impri- tnei"Jury °f

soned in the common jail of the county, or in the penitentiary. punished.

Sect. 3. If any person shall wilfully and maliciously set fire to any fence or fences, Setting fire to
inclosure or inclosures, or cause and procure the same to be done, he or she, on convic- '

tion, shall be sentenced to pay a fine not exceeding five hundred dollars, and be impri- How punish-
soned at the discretion of the court.

Sect. 4. If any person shall unlawfully and maliciously break down, open, cut through, injuring or

injure or destroy any bridge, river or meadow bank, rice-dam, mill-dam, or other dams an^ brldee

or banks, every such person so offending shall, on conviction, be sentenced to pay a fine, jnill-dam, &c
..." how punished,

or be imprisoned, at the discretion of the court.

Sect. 5. If any person shall maliciously maim or kill any horse, bull, steer, ox, cow, Maliciously
calf, heifer, or any animal or animals falling under the description, as before given, of killing any
horses or cattle, or shall maliciously kill a hog or hogs, any such person so offending c^- h?rse
shall, on conviction, be sentenced to pay a fine, or be imprisoned, at the discretion of the Punished.
court.

Sect. 6. If any person shall maliciously injure or destroy any turnpike gate or gates, Injuring or

or any post or posts, rail or rails, wall or walls, or any chain, bar or other fence, belong- any turnpike

ing to any turnpike gate, or any house or houses to be erected for the use of any such gate' &c*

turnpike gate or gates, or shall wilfully and maliciously injure and destroy locks or Or works

other works, erected to protect and secure the navigation of rivers ; every such person thenaviga-

so offending shall, on conviction, be sentenced to undergo an imprisonment in the peni- tlon of nver%
, , , , r . ,. How punish-

tentiary, at hard labour, lor any time not exceeding three years, ed;

646

PENAL CODE. 1817.

(No. 381.)

Burning1 or
setting1 fire to
any vessel, &c.
above the va-
lue of g200;
along side of
any wharf, &c.
or making any
hole in such
vessel, or do-
ing any other
act tending to
its destruc-
tion, how pun-
ished.

Other offences
under this
head, not enu-
merated, pun-
ishable by fine
or imprison-
ment.

Sect. 7. If any person shall wilfully and maliciously burn or set fire to any ship,
boat or other vessel, above the value of two hundred dollars, along side of any wharf
or at anchor in any river of this state, or within any of its waters ; or if any person
shall wilfully and maliciously make, or be assisting in the making, any hole in the bot-
tom, side, or any other part of anv ship, boat or vessel, above the value aforesaid, or
do any other act tending to the loss or destruction of such ship, boat or vessel, at an-
chor or lying as aforesaid ; every person so offending shall, on conviction, be sentenced
to pay a fine, not exceeding one thousand dollars, and undergo an imprisonment in the
penitentiary, at hard labour, for any period of time not exceeding ten years.

Sect. 8. All other acts of malicious and fraudulent mischief, not here enumerated,
but standing upon the same footing of reason and justice, or which are indictable offences
by the laws in force in this state, shall be punished by a fine, or imprisonment in the
common jail of the county.

ACCESSORIES.

Accessories.

Accessories
before the
fact, how pun«-
ished.

After the fact,
how punished.

Sect. 9. Accessories, or persons aiding, advising or assisting in and to the perpetration
of offences, where the punishments are not provided for in this code, shall be punished in
the following manner: Accessories before the fact, aiders, abettors or advisers, shall
receive the same punishment as is directed to be inflicted on the principals.

Sect. 10. Accessories after the fact, shall be punished by fine or imprisonment, in the
common jail of the county, or both, at the discretion of the court.

Indictments,
when suffi-

INDICTMENTS.

Sect. 11. Every indictment or accusation of the grand jury" shall be deemed sufficiently
technical and correct, which states the offence in the terms and language of this code>
nicalandcor- or SQ piamiv^ that the nature of the offence charged may be easily understood by the
jury.

The form of every indictment or accusation shall be as follows :

Form of an in-
dictment.

Georgia, \ The grand jurors sworn, chosen, and selected for the county

County,/ of to wit: in the name and behalf of the citizens of

Georgia, charge and accuse A. B. of with the offence of

for that the said A. B. {here state the offence, the time and place of committing the same,
-with sufficient certainty^ contrary to the laws of said state, t\e good order, peace and
dignity thereof.

PENAL CODE. 1817. 547

If there should be more than one count, each additional count shall commence with (No. 381.)

the following form : " And the jurors aforesaid, in the name and behalf of the citizens ^°™™™^h

of Georgia, further accuse and charge A. B. with having committed, {here state the additional

0 count.

offence as before directed,} for that, &c.

♦

Sect. 12. All exceptions which go merely to the form of an indictment, shall be made Formal except

before trial, and no motion in arrest of judgment shall be sustained for any matter not MotJon ln ar-

affecting the real merits of the offence charged in such indictment. rest of Judff-

0 ment.

Sect. 13. Upon every indictment the prosecutor's name shall be endorsed, who, upon The name of
the acquittal or^ discharge of the person accused, shall be compelled to pay all costs to be endorsed
which have accrued, if the grand, jury, by their foreman, upon returning " No bill," on l^e imiict-
express it as their opinion that the prosecution was unfounded or malicious ; or if the whenheshalJ
petit jury, upon returning, a verdict of " Not guilty," shall express a similar opinion. A pay c
person against whom a bill of indictment shall be preferred, and not found by the grand
jury, or who shall be acquitted by the petit jury of the offence charged against him, shall

not be liable to the payment of the costs ; and in all such cases, as well as where persons Payment of

costs in cci*-
liable by law for the payment of costs shall be unable to pay the same, it shall and may tain cases pro-
be lawful for the officers severally entitled to such costs, to present an account therefor v 01 '
to the judge of the court in which the said prosecutions were depending; which account
being examined and allowed him, it shall andlnay be lawful for the said judge, by an
order of said court, to authorize and direct the sheriff to retain for his own use, and to
pay to the attorney or solicitor general, and other officers of the court, the amount of their
respective accounts, out of any monies by him received for fines inflicted by the said
court since the passing of this act.

Sect. 14. It shall be the duty of the attorney or solicitor general to prosecute on all Prosecution?

presentments of grand juries, where such presentment or presentments is or are for mentTof"*

offences indictable by law ; and -the endorsement on the indictment bv the attornev or grand JurIe*

J J authorized-

solicitor general, that the same is founded on the presentment of a grand jury, shall be

sufficient without any prosecutor's name appearing on the indictment.

ARRAIGNMENT, TRIAL AND VERDICT.

Sect. 15. No person indicted, unless it be for a felony, or for an offence which may who shall be

subject him, on conviction, to imprisonment in the penitentiary for the term of three ^tT nrnenT

years, shall be put for his arraignment in the bar-dock, or place set apart in a court-room in tbe bar"
for the arraignment of criminals.

648 PENAL CODE. 1817.

(No. 381.) Sect. 16. Every person charged with a felony, or any offence which may subject him,
A copy of the on conviction, to an imprisonment in the penitentiary for the term of three years, shall

and a list of be furnished, previous to his arraignment, with a copy of the indictment and a list of the

the witnesses . .

examined be- witnesses who gave testimony before the grand jury.

fore the grand

jury, to be furnished for any one charged with a felony, or an offence punishable with three years penitentiary imprisonment.

Said copy and Sect. 17. Every person charged with an offence shall, at his or her request, or the
to any one^" request of his or her counsel, be furnished with a copy of the indictment and the afore-
charged with said list of witnesses,
an offence,
upon request.

Plea of "Not Sect. 18. Upon the arraignment of a prisoner, it shall be sufficient, without comply-
out in 10W mS with any other form, to declare orally by himself or herself, or his or her counsel,
that he or she is not guilty ; which declaration or plea shall be immediately put upon
the minutes of the court by the clerk, and the mention of the arraignment, and such
declaration or plea, shall constitute the issue between the prisoner and the people of
this state : and if the clerk should neglect to insert in the minutes the said arraignment
and plea, it may and shall be done at any time, by order of the court, and then the
error or mistake of the clerk shall be cured.

Whenapri- Sect. 19. If the prisoner pleads guilty, or is mute, on accusation of felony, the court

S0V\\t 'or * S shall notwithstanding direct the declaration of not guilty to be put upon the minutes.

stands mute, ancj the tY-1Si\ shall proceed in the same manner it would have done if the prisoner, or

on a charge of -••■'.■ \, r

felony, what his or her counsel, had plead " Not guilty."
to be done.

The plea of Sect. 20. The plea of " Not guilty," recorded on the indictment for any offence which

dedon d°es not require the formality of an arraignment, shall be deemed sufficient to constU

an indictment, tute t^e jssue between the prisoner and the people of this state ; and if the attorney or

where ar- ...

raignment is solicitor general, or other person prosecuting in behalf of this state, shall neglect to have

shall be a suf- said plea recorded, it may at any time, during -or after the trial, be ordered to be done by

ficient issue, ^ court anc[ such order shall cure the error or defect.
&c.

No prisoner to Sect. 21. No prisoner shall be brought into court for arraignment or trial, tied,
be brought bound or fettered, unless the court shall deem it necessary, during his or her arraign-
tied, &c. ment or trial; and if the health of the prisoner, or other circumstances, may appear to

circumstances render it more convenient to the prisoner and his counsel, that he or she should not be
a prisoner may p]ace(j for his or ner arraignment, or during his or her trial, within the bar-dock, or other
from the bar- place assigned in the court-room for criminals, the court may grant the indulgence of

removing the prisoner to any other place in said court-room, or contiguous to it,

requested by the prisoner, or his or her counsel,

PENAL CODE. 1817. 649

Sect. 22. Every person indicted for a felony, or a crime which may subject him or (No. 380
her, on conviction, to death or five years imprisonment, or longer, in the penitentiary, Peremptory
may peremptorily challenge twenty of the jurors empannelled to try him or her ; and
all other offences punishable with hard labour, the person indicted shall be allowed
twelve peremptory challenges.

Sect. 23. On every trial for an offence contained in this code, or for any offence, the Jury, judges

jury shall be judges of the law and the fact, and shall in every case give a general ver- fact.

diet of " Guilty" or " Not guilty ;" and on the acquittal of any offender, no new trial Verdl^t-

No new trial
shall, on any account, be granted by the court. after acquittal,

Sect. 24. Every person against whom a bill of indictment is found, shall be tried at Trial, when to

the term of the court the indictment is found, unless the absence of a material witness

or witnesses, or the principles of justice, should require a postponement of the trial ;

and then the court shall allow a traverse or postponement of the trial, until the next

term of the court ; and any person, indicted for an offence not affecting his or her life, Any persou

and demanding a trial, which demand shall be placed upon the minutes of the court, offence not af-

shall be discharged, upon his or her giving bail to appear at the next court ; and if not fecting life,

# ; and demand-

tried at said court, shall be absolutely discharged and acquitted of the offence contained ing a trial,

in the indictment: Provided, that at both terms, juries were empannelled, and able to ed, and if not

try such offender ; and every person against whom a bill of indictment has been found, J^t court

who appear.s and demands his or her trial, at the first term after such bill shall have discharged.

Proviso*
been found, and the officer prosecuting in behalf of the people cannot assign some legal

or satisfactory reasons for wishing a postponement of the trial, such as the absence of a manding atrial

3.t tllC TIT'S t

material witness or witnesses, and a well grounded expectation of being able to proceed term after the

on said trial at the next term, then the person so indicted, and demanding his or her ment has been

trial, shall be absolutely discharged and acquitted of the offence contained and charged fotmd, shall be

in the indictment; and in no case shall a nole prosequi be entered on any bill of indict- the prosecut-
_ ■ , i-i i mS officer can

ment, after the case has been submitted to the jury. assign no good

reason for a
postponement of the trial. Nole prosequi, when inadmissible.

Sect. 25. Where a person shall be indicted and convicted on more than one indict- When a pri-
, , . .... . , .. . soner is con-

ment, and the sentences are imprisonment in the penitentiary, such sentences shall be victedonmore

severally executed after the expiration of each other ; but with as great a mitigation, and diclment ^iid
with as much leniency as the nature of the offences and the principles of justice shall the sentences

. "' - i i j are pemtentia-

require. fy imprison-

ment, how said
T?TA.T'CC sentences

fllMlLb. shall be exe-

cuted.

Sect. 26s All fines imposed by this act, shall be paid over by the* clerks of the Superior Fines, how
to the clerks of the Inferior Courts of the respective counties, for countv purposes, ex-

4 O

■

i n^ifci^rm urn

650

PENAL CODE. 181?

(No. 381.) cept the county of Chatham, where the said fines shall be paid over to the corporation

Fines in Chat
ham county.
Duty of the
clerks of the
Inferior
Courts with
regard to fines

Fines, when
payable.

of the city of Savannah ; and the clerks of the Inferior Courts shall keep a fair account
of the fines so received, and the time when received, and the names of the persons fr
whom the said fines were collected

Sect. 27. Every fine imposed by this code, or left at the discretion of the court, shall
be immediately paid, or within such reasonable time as the court may grant.

BENEFIT OF CLERGY, AND THE PUNISHMENT OF DEATH.

" Benefit of
clergy" abo-
lished.

Operation of
the term
" death."

Sect. 28. The benefit of clergy, as heretofore claimed under the criminal laws of thit
state, or any legal exception in consequence of the omission of the words " benefit of
clergy," are hereby abolished and declared a ridiculous and unmeaning privilege and
form. The term " death," in this, or any future penal system, shall be sufficient tc
justify the infliction of that punishment.

Sentence of Sect. 29. The sentence of death shall be executed by publicly hanging the offender by

edbyhanging" tne neC^ unt^ ne or sne *s dead.

*-#

OATH OF WITNESSES AND JURORS, AND COMPETENCY OF

WITNESSES.

Oaths of wit- Sect. 30. In all criminal cases, the same oaths shall be administered to the jurors

rors and witnesses, as heretofore administered in this state, previous to the year eighteen

hundred and seventeen.

The injured Sect. 31. In every case in this code, the person or persons whose property hath or

a competent have been stolen, injured, destroyed, taken away, or fraudulently converted or-conveyed,
witness on the or w^0 natn or. have received such personal injury, shall be a competent witness or wit-
fender, nesses, on the trial of the offender or offenders.

OFFENCES RELATIVE TO SLAVES.

introduction Sect. 32. From and after the passing of this act, it shall not be lawful, except in the

this state pro- cases herein authorized and allowed, for any person or persons whatsoever, to bring, im-
hibited. port or introduce into this state, to aid or assist, or knowingly to become concerned or

interested in bringing, importing or introducing into this state, either by land or by water,
Offenders, or in any manner whatsoever, any slave or slaves ; and each and every person or per-
. owpums e . sons 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

m^mtk

tiMftt.

PENAL CODE. 181?

651

Proviso.
Who shall be
exempt from
the penalties
of this act.

be found; and on conviction, shall be sentenced to pay a fine of five hundred dollars (No. 381.)

each, for each and every slave so brought, imported or introduced, and to undergo an

imprisonment in the penitentiary, at hard labour, for any period of time not less than

one year, nor longer than three years : Provided always, that this act shall not extend to

any citizen of this state, residing or domiciliated therein, nor to any 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, importing 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 o^- 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 enjoyment of the labour or service of such slave or slaves, in any other person or

persons than the person or persons so bringing, importing or introducing such slave

or slaves, or in his or her heirs, executors, administrators or legatees, whether such

sale, transfer, barter, loan, hiring, mortgage, procurement of levy or sale, under execu-

tion or other legal process, or alienation, or disposition 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 are 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 affidavit 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 describing such slave
or slaves, 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 importation of such slave or
slaves, shall be made by such person, 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 neglect
to comply with the requisites of the foregoing section, or making and subscribing the
said affidavits, in manner and form as is therein specified and set forth ; and in all cases

4 O 2

Proviso.

What acts
shall be neces-
sary to be per-
formed by per-
sons, authoriz
ed by the fore-
going provi-
sion to intro-
duce slaves.

Provise,

\«

Mil

hm i in

Ifni MwkM

6 52

PENAL CODE. 1817.

(No. 381.) of prosecution under this act, it shall be sufficient in the indictment to allege, that the

Indictments slave or slaves was or were brought, imported or introduced into this state, contrary to
under this act, t .

when suffi- the true intent and meaning of this act ; and any person or persons claiming an exemp-
tion from the penalties thereof, shall plead specially such his defence, and shall be held
Exemption to r r r

be plead spe- to due proof thereof; and the jury shall be specially charged to inquire into the intent

of such person or persons, which intent may be inferred from the circumstances of the

What shall be case : but any sale, transfer, barter, loan, hiring, mortgage, procurement of levy or sale

evidence on under execution or other legal process, or other alienation or disposition of such slave

the trial of an or siaves for the life or lives of such slave or slaves, or for any other period of time,
offender. J r

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 enjoyment 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

ijte-fr
after such slave or slaves shall have been brought, imported or introduced into this

state, shall be conclusive evidence of such unlawful intent, in violation of this act : And
Proviso as to provided further, that this act shall not extend to prevent any person travelling into
of travellers tn*s state, from bringing therein any such slave or slaves as may be needful for his
and slaves comfortable and usual attendance upon his journey ; nor to any person or persons bring-
any vessel ing into this state any slave or slaves found on board any ship or vessel which mav be
taken as a

prize of war, taken as a prize of war, or seized for an infraction of any law of the United States, and
or seized un- , ,... . , , . . i i • r i • i

der anv law of brought into this state in such ship or vessel at the time of such capture or seizure ; but

t e u. states. ^ snan not De 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 so to sell or dispose of the

- Hj
same, shall be conclusive evidence of an intent to bring such slave or slaves into this

state contrary to the meaning of this act, and shall subject the party so offending to the

tine and imprisonment herein before specified and set forth ; and the same obligation

shall be imposed upon any person or persons claiming an exemption under this section

from the penalties of this act. The same rules shall obtain as to the pleadings and

evidence, and the jury shall exercise the same power of judging of the fairness of the

Persons pur- intent, as is given and are provided in the preceding part of this section. And if any

ingf&c.slaves, Person °r persons whatsoever shall, at any time from and after the first day of February

knowing them next, purchase, hire, receive or get into his or her possession, anv slave or slaves, know-
to have been r 7 ' ° r '

illegally intro- ing the said slave or slaves to have been imported or introduced into this state illegally

duced, subject

to the fine be- and contrary to the true meaning and intent of this act, each and every person or persons

%c 'so offending shall be deemed principals in law, and guilty of a high misdemeanor.; and,

wm*m

PENAL CODE. 1817. 653

on conviction thereof, shall be subject to the same fine as herein before specified and set (No. 381.)

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 Duty of offi-

and militia officer in this state to aid and assist in carrying this law into effect ; and this gard to this

act shall not be construed to extend to prevent any person or persons from giving, hiring

Parents not
or loaning any negro or negroes to their legal child or children, tor one year or more, prevented

and who shall retain him, her or them one year from the time of receiving him, her or lending, &c!

them, or shall be subject to the penalties of the aforesaid act. f"y. ne&S t0

' J r their children

for one or more years, &c.

•

Sect. 33. And be it further enacted, That it shall be the duty of every clerk of the Duty of the

clerks of* til c
Superior Court, before whom any oath required to be taken by this act shall be made, Superior

to keep a bound book, in which shall be recorded the affidavits required to be made, and j^^g ^c
the certificates 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 by him, for carrying the intentions and provi-
sions of this act into effect ; and every such clerk shall receive, as a compensation for Their com-
the services rendered, necessary to be performed by him, by virtue of this act, the sum ^e
of two dollars, to be paid by the person for whose interest such services may be per-
formed.

Sect. 34. If any person shall conceal, harbour, hide, or cause to be concealed, har- The offence

boured or hidden, any slave or slaves, to the injury of the owner or owners thereof, such slave-

persons so offending shall, on conviction, be sentenced to be imprisoned in the peniten- How punish-
ed,
tiary, at hard labour, for any period of time not exceeding two years. Provided never- prov;so#

theless, that on the trial for this offence the person charged with it shall be acquitted, if
he' or she had an apparent well founded claim to the slave or slaves so harboured
and concealed ; and on every conviction for concealing or harbouring a slave or slaves,
the owner or owners of such slave or slaves may recover damages by a civil suit, for the
loss of the labour and services of such slave or slaves, notwithstanding the said con-
viction.

• Sect. 35. If any person shall remove or carry, or cause to be removed and carried ^a^Tlave'

away out of this state, any slave or slaves, or out of the county where such slave or out of this

J J J% state, or out of

slaves may be, without the consent of the owner or owners of said slave or slaves, any any county,
person so offending shall, on conviction, be sentenced to undergo an imprisonment in consent of the
the penitentiary, at hard labour, for any period of time not exceeding seven years. offender how

punished,

654

PENAL CODE. 1817.

(No. 381.)

Any person
(except the
owner) beat-
ing', Sec. a
slave, or any
person beat-
ing, &c. a free
person of co-
lour, without
sufficient pro-
vocation, how
punished.

Cruelty to
slaves by
owners ;

How punish-
ed.

Sect. 36. Any person, except the owner, beating, whipping or wounding a slave, or
person or persons beating, whipping or wounding a free person of colour, without
sufficient cause or provocation being first given by such slave or free person of colour,
may be indicted, and on conviction, shall be fined or imprisoned, or both, at the discre-
tion of the court; and the owner of such slave, or the guardian of such free person of
colour, may, notwithstanding such conviction, recover, in a civil suit, damages for the
injury done to such slave or free person of colour.

Sect. 37. Any owner or owners of a slave or slaves, who shall cruelly treat such slave
or slaves, by unnecessary and excessive whippings, by withholding proper food and suste-
nance, by requiring greater labour from such slave or slaves than he, she or thev are
able to perform, by not affording proper clothing, whereby the health of such slave or
slaves may be injured and impaired ; every such owner or owners shall, upon sufficient
information being laid before the grand jury, be by said grand jury presented, where-
upon it shall be the duty of the attorney or solicitor general, to prosecute said owner or
owners ; who, on conviction, shall be sentenced to pay a fine, or be imprisoned, or both.
at the discretion of the court.

CONSTRUCTION OF THIS CODE, AND DUTY OF THE JUDGES OF

THE SUPERIOR COURTS.

Construction Sect. 38. Every section of this code, and all its terms and expressions, shall receive

o is co e. a jiberal construction, according to the true intent and meaning, and which may be best
calculated to carry it into effect.

Sect. 39. It shall and it is hereby declared to be the duty of the judges of the Superior
Courts, to make a special report annually to the Governor of this state, previous to the
meeting of the General Assembly, and by him to be submitted to the legislature, of all
such defects, omissions or imperfections in this code, as experience on their several
circuits may suggest.

Judges to
make an an-
nual report +.o
the Governor
on this code.

CONVICTIONS FOR A SECOND OFFENCE.

offenders, Sect. 40. Any person convicted of an offence, which by this code has subjected him.

on a second to an imprisonment in the penitentiary for a period of five years, or not exceeding
conviction for seven, shall, upon a conviction a second time for the same offence, be sentenced to
&cT undergo an imprisonment at hard labour, in the penitentiary, for the period of ten

vears .

MHUM

PENAL CODE. 18 1:

655

Sect. 41. Any person convicted of an offence different from that of which he or she (No. 381.)

has been before convicted, and has been sentenced to, or suffered an imprisonment in Punishment

upon a second

jthe penitentiary, on such first conviction, for the period of one year, and not exceeding conviction for

, ... . a different

four years, shall, upon such second conviction, be sentenced to undergo an imprisonment offence.

In the penitentiary, at hard labour, for the term of seven years.

Sect. 42. This act shall go into operation on the first day of February next j and all When this act
crimes and offences committed before this act goes into operation, shall be prosecuted p "*•

as heretofore ; but the punishments shall be as similar to those designated in this code,
as it may be in the power of the court to order and direct.

APPORTIONMENT OF PENITENTIARY PUNISHMENT.

Sect. 43. In all cases in this code where the term of punishment in the penitentiary Discretionary
is discretionary, the court shall determine that punishment, paying due respect to any ^"enip n
recommendation which the jury may think proper to make in that regard. tiary-

peniten-

Sect. 44. All laws or parts of laws repugnant to this act-be, and they are hereby Repealing
repealed. < . clause.

Assented to, 20th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor

•" * "-

656

PENAL CODE. 18L8.

(No. 382.)

AN ACT

To repeal the act passed on the 16th December, 181 1, and the act passed on tht
1 9th December, 1816, on the subject of the Penal Code of this state; and to
amend the act passed the 20th December, 1817, entitled An act to amend the
Penal Code of this state.

The second
section of the
second divi-
sion of the
penal code of
1817, repeal-
ed.

Accessory de-
fined.

BE it enacted by the Senate and House of Representatives, in General Assembly met,
That the second section of the second division of an act, entitled An act to amend the
penal code of this state, passed the 20th December, 1817, be, and the same is hereby
repealed, and that the following be substituted therefor, viz : An accessory is a person
who, after full knowledge that the crime has been committed, conceals it from the ma-
gistrate, and harbours and protects the person charged with, or found guilty of the
crime.

Sect. 2. And be it further enacted, That so much of the second section of the se-

A part of the
second sec-
tion, seventh venth division of the act of 1817, before mentioned, as follows, be, and the same is

code afore- hereby repealed, viz : " And unless the application to set aside such verdict, judgment,
said, repeal-
ed.

rule or order, shall be made within one year after the same shall have been obtained or
entered up."

Fourth sec-
tion of the
eighth divi-
sion of said
code altered,
Additional
oath of civil
and military
officers.
The oath.

Sect. 3. And be it further enacted, That the fourth section of the eighth division of
the act of 1817 aforesaid, is hereby altered so as to read as follows, viz: All officers,
civil and military, who may be appointed after the first day of January, 1819, in this
state, shall take and subscribe the following oath, in addition to the oath heretofore pre-
scribed: I, A. B. do solemnly swear, in the presence of Almighty God, that I have not,
since the first day of January, 1819, been engaged in a duel, either directly or indirectly,
either as principal or second, or in any other character whatever, in this state.

Persons chal-
lenging or ac-
cepting a
challenge ;

How punish-
ed.

Sect. 4. Be it also enacted by the authority aforesaid, That if any person in this
state shall deliberately challenge, by word or writing, the person of another, to fight at
sword, pistol or other deadly weapon ; or if any person so challenged shall accept the
said challenge, in either case, such person so giving or sending, or receiving any such
challenge, and being convicted thereof, shall be sentenced to pay a fine not exceeding
five hundred dollars, and imprisoned in the common jail of the county, or, on the recom-
mendation of the jury, undergo an imprisonment in the penitentiary, at hard labour or
labour, for any time not less than twelve months, nor longer than two years,

9b» .1 Wh

Mi*^mu*Lmm*m*+*

.... ..^,^^,^

PENAL CODE. 1818. 557

Sect. 5. And if any person shall willingly and knowingly carry and deliver any (No. 382.)

written challenge, or verbally deliver any message, purporting to be a challenge, or BeaiJers oi

shall consent to be a second in any such intended duel, every such person offending

and being convicted thereof, shall be sentenced to pay a. fine not exceeding five hun- How punish-
ed,
dred dollars, and be imprisoned in the common jail of the county, at the discretion of

the court ; or if the jury should recommend it, he may be imprisoned in the peniten-
tiary, at hard labour, or labour, for any time not less than twelve months, nor longer
than two years.

Sect. 6. And be it further enacted, That it shall be sufficient to form an indictment Indictment

for ch&llcns*-
generally, against either of the principals for challenging another to fight at deadly wea- ing^ &c.

pons, and notwithstanding it may appear on the trial, that the defendant only accepted

the challenge, it shall be sufficient to convict and render him liable to the penalties

aforesaid ; and in like manner an indictment against the second may be framed generally, ao.ainst se.

for carrying and delivering a challenge, and the proof of the mere act of fighting, and co"d^' wh^

the defendant being present thereat, shall be sufficient to convict the defendant, upon an

indictment so framed ; and if the duel shall take place within this state, the mere act of

fighting shall be full and complete evidence of the charges respectively, of giving or

receiving, or of carrying and delivering a challenge, without other proof thereof.

Sect. 7. And be it further enacted, That the law passed on the 16th December, Hepealing
1811, and that on the 19th December, 1816, on the subject of the penal code of this
state, be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

4 P

658

PENAL CODE. 1819.

(No. 383.) AN ACT

To amend an act, entitled "An act to amend the Penal Code of this state" passed
on the twentieth day of December, in the year eighteen hundred and seven-
teen.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Voluntary That from and after the passing of this act, the punishment of manslaughter, where the

how punish- same shall be voluntary, shall be confinement and hard labour, or solitude, in the peni-
ed.

tentiary, for the times prescribed in the seventh section of the fourth division of the

litude to com- before recited act ; and that In all cases of commitment to the penitentiary, labour or

allSeeniten^ solitude shall compose a part of the punishment,
tiary punish-
ments.

The presiding Sect. 2. And be it further enacted by the authority aforesaid, That when any per-

judge to order . ,

a penitentiary son may be convicted of the aforesaid offence, or any other offence which may subject

custody, and nmi or ner to confinement in the penitentiary, it shall be the duty of the judge presid-
to require him m^ ^ n-g sentence to order the convict into custody, and also to require that such

ed under convict, within a reasonable time to be limited in such sentence, shall, under a suitable

guard to the

penitentiary, guard, be conveyed to the penitentiary, and deposited therein.

Sect. 3. And be it further enacted, That all laws militating against this act be, and
the same are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1819.

JOHN CLARK, Governor.

[ 659 ]

PENITENTIARY.

1816.
AN ACT* (No. 384.)

To carry into effect the penal code of this state, and the Penitentiary System

founded thereon.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That so soon as the penitentiary now building shall be, by proclamation of the Governor The board of

inspectors to
of this state, declared fit to receive convicts, the board of inspectors shall appoint a appoint a

principal! keeper of the said penitentiary, and one or more, at discretion, deputies, as tjes^md turn-
well as a turnkey,^ under the said principal keeper, to manage and superintend the said key, for the
penitentiary, and the convicts therein ; the same shall be appointed for the purpose of
confining such males and females as shall be convicted and sentenced to labour and con-
finement in the said penitentiary.

Sect. 2. And be it further enacted by the authority aforesaid, That after the appoint- When the

ment, by the board of inspectors, of a principal keeper, and two deputies and a turnkey deputies may

under him, no further deputy shall be appointed, unless the convicts exceed ten in e *n°rease •

number to each deputy : that the principal and deputies anci turnkey shall be removed, deputies and

turnkey re-
for misconduct, by the board of inspectors, and others appointed ; and every vacancy in movable by

the board for
misconduct.
I ' Vacancies.

* See the four following amendatory acts. '

f There shall be one principal keeper and four deputies; the principal keeper to be appointed annually by
joint ballot of both branches of the Legislature, and the assistant keepers by the board of inspectors and
principal keeper ; removable for misconduct by the board of inspectors ; and every vacancy in said officers
shall be supplied in like manner. See act of 1818, No. 387.

+ So much of this act as relates to the appointment of turnkey is repealed. See act of 1818, No, 387,
section 7.

.4 P 2

660

PENITENTIARY. 1816.

(No. 384.) the officers superintending and managing the convicts shall be supplied by the same
authority.

Salaries of
said keeper,
deputies and
turnkey.

Said officers
to give secu-
rity.

Their oath.

Sect. 3. And be it further enacted by the authority aforesaid, ^That the salary oi
the principal keeper shall be one thousand dallars, payable quarterly ; and for each
deputy and turnkey, three hundred dollars, payable quarterly ; and the principal keeper,
deputies and turnkey shall give good and sufficient security, in such sum as required by
the board of inspectors, with at least two persons for each, of their good conduct in
office, and obedience to, and compliance with the acts, rules, and regulations respecting
the said penitentiary and the convicts therein ; and before acting in their respective
offices, the said several officers superintending and managing the interior of the peniten-
tiary and the convicts therein, shall swear or affirm as follows : " I do most solemnlv

swear, that I will faithfully and diligently execute all the duties required of me as -.

in the penitentiary, and carry into execution the laws and regulations passed for the said
institution, so far as concerns my said office ; and I also most solemnly swear, that I will-
on no occasion ill treat or abuse any convict under my care, beyond the punishment or-
dered by law, or the rules and regulations of the institution ; so help me God."

Convicts, how
conveyed to
the peniten-
tiary, &c.

Sheriffs, how
punished for
not removing
and delivering
at the peniten-
tiary said con-
victs.

Sect. 4. And be it further enacted by the authority aforesaid, That every person
convicted, in any county of this state, of any crime or offence punishable with confine-
ment in the penitentiary, shall, as soon as possible after conviction, together with a copy
of the record of his or her conviction and sentence, be safely removed and conveyed by
the sheriff of the county or his deputy, to the said penitentiary, and therein be kept
during the term of his or her confinement ; and every sheriff who shall neglect to remove
and safely deliver at the penitentiary such convict, shall forfeit and pay a sum not exceed-
ing ten thousand, nor less than one thousand dollars, to be recovered in any court of
record, by action of debt, and the amount, when recovered, to be paid over for the use
of the penitentiary ; and moreover the said sheriff shall be indicted for such negligence
and offence, and, if convicted thereof, shall be removed from office.

Governor to
defray the ex-
penses of re-
moving con-
victs, &c.

Sect. 5. And be it further enacted by the authority aforesaid, That his excellency the
Governor shall defray the expense of removing and safely delivering convicts from the
place of conviction to the said penitentiary ; and that the sum allowed the sheriff for
such removal, (according to the distance,) and for a guard to attend such removal, shall,
from time to time, be allowed and fixed, and paid by the executive.

* See the second section of the act of 1818, No. 387, as to the salaries of the keeper and his assistants.

PENITENTIARY. 1816. 661

Sect! dwAnd be it further enacted by the authority aforesaid. That every person con- (No. 384.)

fined in the said penitentiary, and sentenced to be placed and kept in the solitary cells, f^*1^0^

shall undergo the said sentence under the direction of the board of inspectors, who shall inflicted un-

■ - ; . der the direc-

have power to direct the infliction of all solitary confinement, at such intervals, and m tionofthe

such manner, as they shall judge best. spectors.

Sect. 7. And be it further enacted by the authority aforesaid, That any person con- offenders sen-

• tf nccfl to tnf*

victed in this state, and sentenced to the penitentiary under the authority of the United penitentiary
States, shall be received in the aforesaid penitentiary in such manner and under such J^^w^f^
conditions as may be directed by the board of inspectors. u- States,

Sect. 8. And be it further enacted by the authority aforesaid, ^That there shall be A guard to be*

a guard appointed for the safety of the said penitentiary, and to keep order and to

enforce the laws and rules and regulations of the same, when called to the assistance of

any officer of the said penitentiary ; the guard shall be provided with lodgings and

accommodations at the said building, and shall consist of not exceeding twenty-five men, Their num-

as exigencies may require, including" one subaltern officer and three sergeants, and be

allowed the following pay and uniform, to wit : to a subaltern, thirty dollars, to a non- Their pay and

commissioned officer, fifteen dollars, and to each private, ten dollars per month ; and the

same clothing and rations as are allowed tha troops in the service of the United States :

the officer shall be commissioned by the Governor, and, together with non-commis- Subject to the

sioned officers and privates, shall be under the same rules and regulations as the militia filiations of

of this state when called into actual service : and no person shall be enlisted in the said t f m,lltia.m

1 ■. actuar service.

guard, unless for the term of one year, and not exceeding two, and may be discharged at Term of en-

any time by the board of inspectors, for misconduct ; and the officer, for misconduct or How dischar^-

neglect of duty, shall be discharged by the Governor ; but in either case shall, never.th.e- e(* *°r mis~

less, be subject to a trial before a court martial, composed of the officers of the militia to officer triable

be appointed by the Governor, which said court shall have power to extend their punish- n^rtiaU
ment to confinement in the penitentiary.

Sect. 9. And be it further enacted by the authority aforesaid, That there shall be a Board of In-

board of inspectors to direct and order the management and conduct of the officers of

the said penitentiary, and to make such rules and regulations as may from time to time

be required, so that the same be not repugnant to law ; and the said inspectors shall have When and

where to
one or more rooms appropriated for their use in the said building, and shall form a meet.

board with a chairman, at least four stated periods of the year, and at such other times

as the said inspectors may direct; whose duty it shall be to order and direct the concerns Their duty.

* As to the penitentiary guard, see the four following acts; particularly the repealing section of the act of
1818, No. 387, and the first section of the act of 1819, No. 388.

662

PENITENTIARY. 1816.

(No. 384.) of said institution, and dispose of the monies appropriated for the same, or rwde by the

labour of the convicts : there shall always be two acting inspectors, who shall visit the

penitentiary at least twice a week, and strictly inform themselves of the proceedings of

Their num- the officers, and other conduct of the convicts. The board shall consist of nine members,

ber' though five shall form a board for the purpose of all necessary business ; of which the

Governor one Governor of the state shall be one ex officio, and, when present, preside as chairman.

ex o cio, *xhe said nine inspectors shall be yearly appointed by resolution of the General

tors appointed Assembly, and the Governor shall have power to call the said inspectors together at any
by the legisla-
ture, time when circumstances render it necessary.
Governor may
call them together at any time.

Clothing of
the convicts.

Their food.

Their labour.

Convicts at
work to be
kept apart as
much as pos-
sible, &c.

Sect. 10. And be it further enacted by the authority aforesaid, That all convicts shall,
at the public expense, during the term of their confinement, be clothed in habits of
coarse materials, uniform in colour and make, and distinguishing them from the good
citizens of this state ; and the males shall have their beards shaven at least once in every
week ; and all such offenders shall, during the said term, be sustained upon bread, Indian
meal, or other food, at the discretion of the said inspectors, and shall be allowed seven
meals of meat in each week ; and shall be kept, as far as may be consistent with their sex,
age, health and ability, to labour of the hardest and most servile kind, in which the work
is least liable to be spoiled by ignorance, neglect or obstinacy, and where the materials
are not easily embezzled or destroyed; and if the work to be performed is of such a
nature as may require previous instruction, proper persons for that purpose, to whom a
suitable allowance shall be made, shall be provided by order of any two of the inspectors ;
during which labour the said offenders shall be kept separate and apart from each other,
if the nature of the several employments will admit thereof; and where the nature of
such employment requires two or more to work together, the keeper of the said peni-
tentiary, or one of his deputies shall, if possible, be constantly present.

Sect. 11. And be it further enacted by the authority aforesaid, That such offenders,
unless prevented by ill health, shall be employed in work every day in the year except
Sundays, and such days as they shall be confined in the solitary cells ; and the hours of
work in each day, shall be as many as the season of the year, with an interval of half an
the seasons°of nour f°r breakfast, and one hour for dinner, will permit ; but not exceeding eight hours
the year. m the months of November, December and January, nine hours in the months of Fe-

bruary and October, and ten hours in the rest of the year ; and when such hours of
work are past, the working tools, implements and materials, or such of them as will ad-

To be kept at
work every
day, except
Sundays, &c.

Hours of woi'k
apportioned

* The board of inspectors shall be elected by joint ballot of both branches of the General Assembly annu-
ally, &c. See act of 1817, No. 385.

PENITENTIARY. 1816. 553

mit of daily removal, shall be removed to places proper for their safe custody until the (No. 384.)
hour of labour shall return.

Sect. 12. And be it further enacted by the authority aforesaid, The the keeper of the Stock, mate-
said penitentiary shall, from time to time, with the approbation of any two of the inspec- tools and im-
tors, provide a sufficient quantity of stock and materials, working tools and implements provided*and
for such offenders, for the expense of which, the said inspectors, or any two of them, Paid for-
shall be, and they are hereby authorized to draw orders on the Governor of this state,
if need shall be, specifying in such orders the quantity and- nature of the materials,
tools or implements wanted, which order, the said Governor, upon his approval, shall
draw for by warrant on the treasury ; and the treasurer is hereby required to discharge
out of any money which may be at the time in the treasury ; for which materials, tools Keeper ac-
and implements, when received, the said keeper shall be accountable ; and the said said stock,
keeper shall, with the approbation of any two of the said inspectors, have power to ™a e"a s' c

make contracts with any person whatever, for the clothing, diet, and all other neces- with the ap-
. . probation of

saries for the maintenance and support of such convicts ; and for the implements and any two in-

materials of any kind of manufacture, trade or labour, in which such convicts shall be contractwith

employed ; and for the sale of such goods, wares and merchandizes, as shall be there a"y °,ne JPT
r J . . o 7 the ci0thing,

wrought and manufactured : and the said keeper shall cause all accounts concerning the &.c. for the

r ii« convicts,

maintenance of such convicts and other prisoners, to be entered regularly in a book or certain books

books to be kept for that purpose ; and shall also keep separate accounts of the stock of accou.nts
r l l r l concerning

and materials so wrought, manufactured, sold and disposed of, and the monies for the stock and

. materials ma-

which the same shall be sold, and when sold, and to whom, m books to be provided for nufactured

those purposes ; all which books and accounts shall be at all times open for the exami- momes r'eCeiv-

nation of the said inspectors, and shall be regularly laid before them at their quarterly ?^> ^c. to be

or other meetings, for their approbation and allowance. keeper;

To be exam-
ined by the

Sect. 13. And be it further enacted by the authority aforesaid, That if the said in- certainpow-

spectors, at their quarterly or other meetings, shall suspect any fraudulent or improper ers given to

charges, or any omission in any such accounts, they may examine, upon oath or affirma- for the pur-

. . , . r , . , . , poseofdetect-

tion, the said keeper or any 01 his deputies, servants or assistants, or any other person mg any fraud,

of whom any necessaries, stock, materials or other things have been purckased, for the DQ0^g Sai

use of the said penitentiary, or any persons to whom any stock or materials, wrought or

manufactured therein, have been sold, or any other person or persons, concerning any

of the articles contained in such accounts, or any omission thereout ; and in case any

fraud shall appear in such accounts, the particulars thereof shall be reported by the

said inspectors to the Governor, who shall act thereon.

664

PENITENTIARY. 1816.

(No. 384.) Sect. 14. And be it further enacted by the authority aforesaid, That in all cases

Any prisoner, wnere any prisoner, during the term of his or her imprisonment, shall have evinced

who has been J l °

industrious great industry and obedience, he or she shall have, at the time of his or her discharge,

shall receive a such reasonable part of the nett proceeds of his or her labour as the board of inspectors

part°ofathe slrnW direct ; and if any prisoner, at the end of his or her period of confinement, shall

nett proceeds iaDOur under anv acute or dangerous distemper, he or she shall not be discharged, un-

of his labour, J .

upon his dis- less at his or her own request, until he or she can be safely discharged.

charge.

Any prisoner labouring' under any dangerous disease when his or her term of punishment shall expire, not to be discharged,

unless upon request.

No person,
but those in
this section
designated,
shall enter
within the
walls where
the convicts
are.

Doors to be
locked, and
light extin-
guished at 8
o'clock, P. M.

Pat role.

Sect. 15. And be it further enacted by the authority aforesaid, That no person
whatever, except the keeper, his deputies, servants or assistants, the said inspectors,
officers and ministers of justice, ministers of the gospel, or persons producing a written
license, signed by two of the said inspectors, shall be permitted to enter within the
walls where such offenders shall be confined ; and the doors of all the lodging rooms
and cells in the said penitentiary shall be locked, and all light therein extinguished at
the hour of eight o'clock in the evening, and one or more watchmen shall patrole the
said penitentiary, at least twice in every hour, from that time until the return of the
time of labour in the morning of the next day.

Walls of the
apartments,
&c. to be
whitewashed,
and the floors
to be scoured,
&c. &c.

Prisoners per-
mitted to air
themselves,
&c.

Proviso.

Sect. 16. And be it further enacted by the authority aforesaid, That the walls of
the cells and apartments in the said penitentiary shall be whitewashed with lime and
water, at least four times in every year, and the floors of the said cells and apartments
shall be washed once every week, or oftener, if the said inspectors shall so direct, by
one or more of the said prisoners in rotation, who, at the discretion of the said keeper,
shall have an extra allowance of diet for so doing ; and the said prisoners shall be
allowed to walk and air themselves for such stated time as their health may require, and
the said keeper shall permit ; and if proper employment can be found, such prisoners
may also be permitted, with the approbation of two of the said inspectors, to work in
the yard, or in making or cultivating a garden for use and ornament : Provided, such
airing and working in the yard be in the presence or within the view of the said keeper,
or his deputes or assistants.

Infirmary,

Regulations
concerning
sick convicts.

Sect. 17. And be it further enacted by the authority aforesaid, That one or more of
the apartments of the said penitentiary, shall be fitted up as an infirmary ; and in case
any such offender being sick, shall, upon examination of a physician, be found to require
it, he or she shall be removed to the infirmary, and his or her name shall be entered in
a book to be kept for that purpose ; and when such physician shall report to the said
keeper, that such offender is in a proper condition to quit the infirmary, and return to
his or her employment, such report shall be entered by the said keeper, in a book to be

PENITENTIARY. 1816.

665

kept for that purpose, and the said keeper shall order him or her back to his or her (No. 384.)
former labour, so far as the same shall be consistent with his or her state of health ; and
the Governor or inspectors shall, from time to time, appoint a physician to attend the
said penitentiary.^

Physician,
how appoint -
ed.

Sect.' 18. And be it further enacted by the authority aforesaid,] That the keeper of
the said penitentiary shall have power to punish- all such prisoners, guilty of assaults,
within the same, when no dangerous wound or bruise is given, profane cursing and
swearing, or indecent behaviour, idleness or negligence in work, or wilful mismanage-
ment of it, or of disobedience to the orders or regulations, by confining such offenders
in the solitary cells of the same, and by keeping them upon bread and water only, for
any term not exceeding two days ; and if any such prisoner shall be guilty of any offence
within the said penitentiary, which the said keeper is not hereby authorized to punish,
or for which he shall think the said punishment is not sufficient, by reason of the enor-
mity of the offence, he shall report the same to two of the said inspectors ; who, if upon
proper inquiry, they shall think fit, shall thereupon order such offences to be punished
by close confinement in the said solitary cells, with bread and water only for sustenance,
for any time not exceeding six days.

Certain offen»
ces herein
specified, pun-
ishable by the
keeper.

Other offen-
ces, by con-
victs;

How punish-
ed.

Sect. 19. And be it further enacted by the authority aforesaid, That the board of
inspectors, at their quarterly or other meeting, shall make such other and further orders
and regulations, for the purpose of carrying this act into execution, as they may deem
proper ; and such orders and regulations shall be hung up in at least six of the most
conspicuous places in the said penitentiary ; and if the said keeper, or any of his depu-
ties or assistants, shall obstruct or resist said inspectors, or any of them, in the exercise
of the powers and duties vested in them by this act, such person shall forfeit and pay
the sum of one hundred dollars, to be recovered by action of debt, and moreover shall
be liable to be removed from his respective office or employment in the said peniten-
tiary.

Further pow-
ers of the in-
spectors.

If the keeper,
his deputies,
or assistants
resist, or ob-
struct said in-
spectors, how
punished.

Sect. 20. And be it further enacted by the authority aforesaid, That if any offender, Escape of any
sentenced to hard labour, shall escape, he or she shall be indicted for an escape, and on tencedtohard
conviction thereof, suffer such additional confinement and hard labour, agreeable to the labo.uj> h°w
directions of the penal code, as the court in which such offender shall have been con-
victed shall judge and direct.:}:

* See 6th and 7th sections of the act of 1819, No. 388, as to the appointment, salary and duties of the
physician. j %

f See the 5th section of the act of 1818, No. 387. '
\ See Penal Code of 1817, 7th division, 14th section.

4 Q

666

PENITENTIARY. 1816.

(No. 384.)

Spirituous and
fermented li-
quors not to
be introduced
in the peniten-
tiary, &c.

Penalty.

Sect. 21. And be it further enacted by the authority aforesaid, That no spirituous
or fermented liquors shall be introduced into the said penitentiary, except only such as
the said keeper shall make use of in his own family, or such as may be required for any
prisoner in a state of ill health, and for such purpose prescribed by an attending physi-
cian, and delivered into the hands of such physician or other person appointed to receive
them ; any person so offending, shall forfeit and pay the sum of twenty dollars, one
moiety thereof to the use of the person suing, the other moiety to be paid to the said
inspectors for the purposes in this act contained.

Trials for es-
capes.

Sect. 22. And be it further enacted by the authority aforesaid, That the trial of the
prisoners escaping from the penitentiary, shall be had for such escape before the Supe-
rior Court of Baldwin county ; and the prisoners so escaping shall remain in the peni-
tentiary, and be treated as other convicts, after their apprehension, until such trial shall
take place ; upon which trials the copies of the records transmitted to the keeper of the
penitentiary, relative to the former trials of such prisoners, shall be produced and filed
of record in the said Superior Court.

Further pow- Sect. 23. And be it further enacted by the authority aforesaid, That the board of
ers of the in- . . . . . . .

spectors with inspectors may contract with the said keeper, or with any other person or persons, tor

dieTand cloth- ^e ^et anc^ clothing of the prisoners, for the purchase of materials, tools, and imple-

ing of the con- ments, and for the sale of wares and merchandize manufactured within the said peni-

victs, and sales,

purchases, &c. tentiary, on such terms as to them shall seem most advisable for the public interest, and

from time to time, shall make such reasonable allowances or commissions on the objects

aforesaid, as they shall deem proper.

Further duty
of the keeper.

Duty of the
physician.

Sect. 24. And be it further enacted by the authority aforesaid, That the keeper shall
compel every prisoner to perform his daily labour, unless such prisoner shall have been
placed on the list of invalids by the physician,* whose duty it shall be to visit the peni-
tentiary, once in every day, (Sundays excepted,) from the first of July to the first of
November ; once in two days, the residue of the year, for the purpose of examining the
convicts as to their health and ability to work.

Articles for Sect. 25. And be it further enacted by the authority aforesaid, That in all cases where

the public, to

be manufac- the public service requires articles manufactured, or to be manufactured by the convicts,

vered upon " tne same shall be delivered or manufactured, on the requisition of the Governor, given

therequisition m writing to the board of inspectors, who shall thereupon order the same to be made

or. or delivered.

See the 7th section of the act of 1819, No. 388, as to the duties of the physician.

— -

PENITENTIARY. 1816.

667

Sect. 26. And be it further enacted by the authority aforesaid, That the following (No. 384.)
les and regulations shall be ai
pointed for the said penitentiary.

rules and regulations shall be adopted by the board of inspectors, and the officers ap- Fu*tner **ules

tions.

RULES AND REGULATIONS,

For the internal Government of the Penitentiary.

1. And be it further enacted by the authority aforesaid, That it shall be the duty of Duty of the
the keeper, upon the receipt of any convict, to take his or her height, and cause the the arrivaTof
same to be entered in a book, in which he shall also note, when such convict was re- a convict-
ceived, his or her name, age, complexion, coloured hair and eyes, the county in which
he or she was convicted, the nature of the crime, period of confinement, what portion of
that period in solitude, and the place of his or her nativity.

2. And be it further enacted by the authority aforesaid, That every prisoner shall be Convicts to be
refully searched, and deprived of any instrument by which
her escape, before he or she is received into the penitentiary

carefully searched, and deprived of any instrument by which he or she may effect his or t^e-1T arrjva]

3. And be it further enacted by the authority aforesaid, That solitary confinement
may, in all cases, be dispensed with, where, in the opinion of the keeper, the state of
any prisoner's health, or the interest of the state may render it expedient to do so, sub-
ject to the board of inspectors.

4. And be it further enacted by the authority aforesaid, That the particular employ-
ment of each prisoner shall be such as the keeper may consider best adapted to his or
her age, sex and state of health, having due regard to that employment which is the
most profitable. The keeper shall deliver out the materials, and receive the work by
weight or measure, as far as practicable, in order to prevent embezzlement or waste.
He shall cause each assistant to keep a book, in which shall be entered, opposite the
name of every prisoner in his ward, the quantity of raw materials delivered out to him
or her, in any week, and regularly enter, under each day of the week, the work which has
been completed on that day. At the end of the week, the labour of each convict shall
be ascertained ; and any convict who shall be found remiss or negligent in performing
the work required, to the best of his or her power and abilities, or who shall wilfully
waste, damage or embezzle the said materials, or any part thereof, shall be severely
punished as directed by law.

Solitary con-
finement,
when it may
be dispensed
with.

Particular em-
ployment of
each convict.

Further duties
of the keeper.

5. And be it further enacted by the authority aforesaid, That the males and females Males and fe-

shall, at all times, be kept separate and apart.

4 Q 2

kept apart.

5ob PENITENTIARY. 1816.

(No. 384.) 6. And be it further enacted by the authority aforesaid, That the keeper shall take

Keeper to en- care that. fac prisoners wash themselves every morning, and before meals, and put on
force cleanh- r

ness among- clean linen at least once a week, (when all the males shall have their beards close shaved,)
the convicts, . , r . . .

and in their and that their apartments be swept every morning, and lumigated during the sum-
apartments. mer antj £^ seasons? once a Week, or oftener, with tar and vinegar.

No unautho- 7. And be it further enacted by the authority aforesaid, That the keeper shall permit

to enter the no person, (except the inspectors of the penitentiary, and others authorized by law,) to

penitentiary ^Q -nto ^& penitentiary-house, without a written license from an inspector. In all cases

mit from an 0f permits to visit the penitentiary, the names of the parties permitted to visit ought
inspector. t •

to be inserted in the license for that purpose ; and where a person wishes to visit a

friend or connection, who may be a prisoner in the penitentiary, it must be so expressed

in the permit, if the fact can be ascertained. If the applicant to visit be of known bad

character, or have been frequent in making applications, or shall have been detected in

any improper intercourse with any of the prisoners, or if the conduct of the prisoner

whom he or she may wish to see has not been uniformly correct, the keeper may refuse

admittance beyond the inner gate, or prevent the parties from conversing, except through

the aperture of said gate, notwithstanding a permit may have been obtained to visit the

interior of the penitentiary. An indulgence to a person to visit a friend or connection,

within the interior of the penitentiary, can only be the result of good conduct in both

parties ; and when such indulgence is granted, the keeper, or one of his assistants, shall

No letter, &c. always be present. No letter, or other communication in writing, shall be suffered to go

l° ut^+nle m or out °f tne sa^ penitentiary, until the same shall have been examined and approved

penitentiary ^y ^g keeper ; nor shall any person, without his consent, carrv any thing in or out, for

without being .

examined and the use of the prisoners.

approved by

the keeper. . |

Rooms and Sect. 8.* And be it further enacted by the authority aforesaid, That the keeper shall

cells to be cause all the rooms and cells to be numbered, and divided into so many wards as there
numbered and ' J

divided into may be assistants ; allotting to each ward, as nearly as maybe, an equal number of

wards, &c.

Duty of the rooms and cells, and one of the said wards to each assistant ; whose duty it shall be,

assistant keep- ulJ(jer the direction of the keeper, to examine, every evening, the doors, windows, beds
and rooms of the prisoners belonging to his ward ; to search and lock them up before
dark, and not suffer them to carry into their apartments an)^ instrument that may assist
them in escaping ; and also to extinguish carefully, all the fire in the work rooms.

Only one con- 9. And be it further enacted by the authority aforesaid, That the keeper shall not suffer

to approach more than one of the convicts at a time to approach the inspectors, or other persons per-

the inspectors, mitted to go into the penitentiary, nor any convicts to listen to any thing such persons

ing persons, are saying, except when spoken to, and desired to pay attention.

PENITENTIARY. 1816. 66g

10. And be it further enacted by the authority aforesaid, That the keeper shall not suffer (No. 384.)

any kind of gaming in the penitentiary house, either among the convicts or his assistants, Naming, Pr°-

nor cursing or swearing, or other profane language. &c. prohibited

° r in the peni-

tentiary.

1 1 . And be it further enacted by the authority aforesaid, That the keeper shall cause Penitentiary
the yard of the penitentiary house to be kept free from horses, cows, goats, hogs and

fowls, and the Necessary to be kept inoffensive.

12. And be it further enacted by the authority aforesaid, That it shall be the Further duty
duty of the keeper, on the receipt of each prisoner, to read to him or her such parts of

the penal laws of this state as impose penalties for escapes, and to make all the prison-
ers in the penitentiary acquainted with the same. It shall also be his duty, on the dis-
charge of each prisoner, to read to him or her such parts of the said laws as impose
additional punishments for the repetition of offences.

13. And be it further enacted by the authority aforesaid, That it shall be the Keeper to fur

r i nish the con-

duty of the keeper carefully to inspect the moral conduct of the prisoners; to furnish victswithmo-

them with such moral and religious books as shall be recommended by the inspectors ; gious books

to procure the performance of divine service on Sundays, as often as may be, and enioin to Procure
r l J ' J ' J performance

a strict attention to all the rules of the institution. of divine ser-

vice on Sun-
days, &c. &C

14. And be it further enacted by the authority aforesaid, That the keeper shall, The keeper
r t -i i , , , to distribute
from time to time, distribute among the prisoners such cheap books as he may deem cheap and

best calculated to improve the mind and meliorate the heart: and the acting inspectors among- them.

shall report to the executive such of the convicts as may distinguish themselves for inspectors to

. c report to the

their industry and good morals, and who, by an exemplary line of conduct, may have executive

. l r • such convicts

evinced a total reformation. ' as appear to

be wholly re-
formed.

15. And be it further enacted by the authority aforsesaid, That it shall be the duty Further duty

of the turnkey and assistants to continue, at all times, in the penitentiary all night, and ^nd assistants^
to keep watch in such manner as the keeper shall direct.

16. And be it further enacted by the authority aforesaid, That it shall be the duty Duty of the

of the keeper to cause the clothes of the prisoners, when received in the peniten- cermng^he

£iary, to be washed and carefully put away, putting a ticket with their names to each, to cloth.e!* of the

be returned to them on their discharge ; or if it should be the wish of any of the pri- brought with

them,
stmers that their clothing should be sold, he shall dispose of them to the best advantage,

and retain the money arising from such sale, to be returned to such prisoners on their

discharge.

670

(No. 384.)

Annual cloth-
ing of the
cenvicts.

PENITENTIARY. 1816.

=. •-

17. And be it further enacted by the authority aforesaid, *That the clothing an-
nually furnished the prisoners shall consist, for each male, of one short coat, and one
pair of overalls, made of blue cloth, and one waistcoat made of brown, two pair of
shoes, two pair of yarn stockings, two shirts, and two pair of trowsers, made of osna-
burgs or homespun ; and for each female, of two short gowns and two petticoats, made
of blue plains ; two shifts and two petticoats made of osnaburgs, two pair of shoes,
two pair of yarn stockings, and two blue linen or cotton neck handkerchiefs.

Diet of the
convicts ;

how served.

19. And be it further enacted by the authority aforesaid, That the diet of the pri-
soners shall be such as directed by the board of inspectors, and the provisions shall
be sound and wholesome, and served at the ringing of a bell, at the sound of which all
the prisoners shall assemble, except the sick, who shall be furnished agreeably to the
directions of the attending physician.

Duty of the 19- And be it further enacted by the authority aforesaid, That the acting inspec-

tors^thTe^" tors are recluested, at the expiration of their respective terms of service, as such to

gard to the make a report to the executive, of the manner in which the foregoing rules shall have
foregoing r ° °

rules. been carried into effect during the time of their visitation at the penitentiary house.

Visiting com-
mittee of the
legislature.

20. And be it further enacted by the authority aforesaid, That a committee of both
branches of the legislature shall, at each session, be appointed to visit the penitentiary,
and strictly examine the concerns of the said institution, and investigate the conduct of
the officers, and the rules and regulations of the penitentiary, and especially t report
thereon. «

Testimony of
a convict 'may
be taken in
any civil
cause, by
commission.

Affidavit that
the convict is
a material wit-
ness, to be
filed.

21. And be it further enacted by the authority aforesaid, That where any convict,
confined in the penitentiary, is a witness in any civil cause, depending in any court of
this state, and his testimony required, the same shall be taken by commission, and read
at the trial of such civil cause ; and in no civil case shall such convict be removed from
the penitentiary, to give personal attendance at court: but before such commission is-
sues, the party, or his or her attorney, requiring such commission, shall file an affidavit

* See the 5th section of the act of 1817, No. 386, which authorizes the inspectors to furnish the convicts
with additional clothing and bedding when necessary.

PENITENTIARY. 1816. 6ji

with the record of the proceedings, that the convict to be examined is a material wit- (No. 384.)
ness in the cause.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 19th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 385<)

To amend an act, entitled " An act to carry into effect the Penal Code of this state,
and the Penitentiary System founded thereon"

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That the board of inspectors of the penitentiary edi- The board of
fice shall be elected by joint ballot of both branches of the General Assembly annually, be elected an-
who shall hold their offices until their successors are elected. legislature

&c.

Sect. 2. And be it further enacted, That the board of commissioners of the peniten- Commission-

crs of the 136°
tiary edifice and its appertenances shall consist of three members, and be separate and nitentiary edi=

distinct from the board of inspectors ; and no member of either board shall be a mem- ce' c"

ber of the other, nor any officer of the penitentiary.

Sect. 3. And be it further enacted, *That the principal keeper, one assistant The keeper,

keeper, and turnkey of the penitentiary, shall be elected annually by joint ballot of both keeper and

branches of the General Assembly, and shall hold their appointments for one year, and turn*ey» e

until their successors are appointed and sworn ; subject nevertheless to be removed ally by tne

• r legislature,

from office by his excellency, and a majority of the board of inspectors, for malpractice, How remov-

misconduct, or neglect of duty in office ; and in all cases of vacancy by death, resigna-

tion or otherwise, of any keeper or turnkey, the Governor and board of inspectors shall

appoint a keeper or turnkey, pro tern, (as the case may be) who shall discharge the du-

* See act of 1818, No. 387, which enacts that there shall be one principal keeper and four deputiis, and
prescribes the mode of their election, &c,

672

PENITENTIARY. 18 IT-

(No. 385.) ties of keeper or turnkey, until the vacancy shall be filled by the legislature, agreeable
to the provisions of this act.

The guard, Sect. 4. And be it further enacted, That the guard, and all officers attached to and

&c. under the . ....

control of the belonging to the penitentiary edifice, shall be under the immediate direction and control

keeper. °^ tne principal keeper.

Sect. 5. And he it further enacted, *That the rations of a captain in the army of the
nited
keeper.

Rations allow-
ed to the
keeper. United States be allowed to the said principal keeper, in addition to his pay as principal

Assented to, 18th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

(No. 386.)

AN ACT

To better provide for carrying into effect the internal regulations of the Peniten-
tiary.

Preamble.

Pay of the

penitentiary

guard.

WHEREAS, the safety of the convicts, in the present unfinished state, depends on
the guard ; and whereas, it is expedient that the number should be increased :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
fThat from and after the passage of this act his excellency the Governor be, and he is
hereby authorized to pay to each guard, per month, during his service in guarding the
penitentiary, the sum of five dollars, out of any money not otherwise appropriated, in
addition to that heretofore allowed by law.

* Rations not allowed to the keeper. See act of 1818, No. 387, section 7th.

-j- See act of 1819, No. 388, section 1, which leaves the number and pay of the guard to the discretion of
, * •»

the inspectors.

PENITENTIARY. 1817.

673

Sect. 2. And be it further enacted, That it shall be the duty of the inspectors of the (No. 386.)

penitentiary, upon the misconduct of any one of the officers of the guard, to report the Misconduct of

same to the Governor, who may remove from office any such offending officer. the guard,

how punished,

Sect. 3. And be it further enacted, That the board of inspectors shall have full power inspectors
and authority to discharge any of the guard for misconduct or neglect of duty, and any an/of the*
person so discharged shall forfeit all of the pay then due to him. misc d^ct

Sect. 4. And be it further enacted, That it shall be the duty of the said inspectors to inspectors to
lay before the visiting committee of said penitentiary annually, at the meeting of the nuaj report"to
legislature, a report of all their proceedings for the political year, which committee shall visiting
report the same to the General Assembly. &c.

Sect. 5. And be it further enacted, That the inspectors of the penitentiary edifice are Authorized to
hereby authorized to furnish to the convicts such other articles of clothing and bedding con'victs^rtU

as they may deem essential to the preservation of their health. ples of cloth-

J * ing and bed-

ding.

Sect. 6. And be it further enacted, ^That from and after the passage of this act, the Wages of the
wages of the assistant keeper and turnkey shall be five hundred dollars per year. assistant keep-

key*

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 20th December, 181 7.

WILLIAM RABUN, Governor.

* This section not in force

4 R

574 PENITENTIARY. 1818.

(No. 387.) AN ACT

To amend An act to carry into effect the Penal Code of this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
One keeper Georgia, in General Assembly met, and by the authority of the same, That from and after
ties tor the " tne passing of this act, there shall be one principal keeper and four deputies, to manage

penitentiary. ancj superintend the internal regulations of the penitentiary ; the principal keeper to be

How elected*

appointed annually by joint ballot of both branches of the Legislature, and the assist-
ant keepers by the board of inspectors and principal keeper, removable for misconduct

Vacancies. by the board of inspectors ; and every vacancy in said officers shall be supplied in like
manner.

Salaries of Sect. 2. And be it further enacted, That the salary of the principal keeper shall be

fourteen hundred and thirty-eight dollars per annum, payable quarterly ; and to each
Who shall assistant keeper, six hundred dollars, payable quarterly ; who shall give bond and secu-
security and rity f°r ^ie faithful performance of their respective duties, as may be required by the
take the oaths J30arci 0f inspectors, and before they enter upon their several duties, shall take and sub-
prescribed, scribe the oath heretofore required and prescribed.

Penitentiary Sect. 3. And be it further enacted, *That the board of inspectors shall at all times,

exceed""^ ° when it becomes necessary to have such a guard (not exceeding eighteen) for the peni-

Theirpay, &c. tentiary as will insure the safety of the convicts, with the pay equal to four hundred

dollars each per annum ; and the guard shall be under such restrictions, as, in the opinion

of the board of inspectors, will insure strict obedience to the laws, rules and regulations

Proviso. of said institution, with power to discharge for misconduct or incapacity : Provided, that

if it is found by the inspectors that this plan of supporting a guard cannot be carried into

effect without making advances of public money, they are authorized to change the

mode so as not to pay to each guard more than twenty dollars per month besides his

rations and clothing.

Inspectors, to Sect. 4. And be ii further enacted, That the inspectors, or a majority of them, shall

contract to i*

rations for the have power and authority to contract for the furnishing rations to the convicts of the
penitentiary, in such manner and on such terms, as in their opinion will most conduce
to the interest of said institution.

* The number and pay of the guard shall be determined by the inspectors. See the 1st section of the next
act, which also renders the guard subject to the rules, &c. which govern the militia when in service.

PENITENTIARY. 1818.

675

Sect. 5. The principal keeper shall have power, by the unanimous consent of the in- (No. 387.)
spectors, to inflict such punishment on the offenders against the internal regulations of £ the^unani
the penitentiary, as may be necessary to the good order and discipline of the convicts. m?us consent

tors, may punish offenders against the regulations of the penitentiary.

Sect. 6. And be it further enacted, That all and every person or persons, holding an Penitentiaiy

officers &.c
office in the penitentiary, or belonging to the guard, shall reside in the penitentiary edi- shaii reside in

fice, in a room or rooms, to be assigned by the board of inspectors for that purpose ; e ce'

and on failing or refusing so to do, the said office or offices shall be deemed vacant, and

filled accordingly.

Sect. 7. And be it further enacted, That so much of the act, as authorizes the ap- Repealing1
pointment of a turnkey and officer, and enlistment of guard, with the clothing and.
rations, or the clothing and rations of any other officer or keeper of the penitentiary,
and all laws or parts of laws militating against this act, be now repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 388.)

Amendatory of the laws regulating the Internal Police of the Penitentiary.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and after the passage of this act, that the guard for the penitentiary shall be Penitentiary

employed by the board of inspectors, at such pay, and of such number, as may, in their employed and

opinion, be most conducive to the interest of the institution and state : and the guards the.ir number
r ° and pay deter-

thus employed shall be subject to the rules and regulations governing the militia of this mined by the

board of in-

State, when in service.

spectors.
Subject to the
rules, &c. governing the militia when in service,

4R2

676

PENITENTIARY, 1819.

(No. 387.) Sect. 2. And be it further enacted, That the principal keeper shall have a superin-

Powerandre- tending power over the institution, and shall be responsible for the conduct of all the

sponsibihty 01 w * l

the principal officers and superintendants under his command,
keeper.

Further pow-
er of the keep-
er.

Sect. 3. And be it further enacted, That the guard, the under keepers, and all
other persons attached to the institution, (the board of inspectors excepted,) shall be
subject to the orders of the principal keeper, who shall have power of arresting, and
with the consent of the Governor, of discharging and of appointing all officers and su-
Punishment perintendants under his command. And in all cases, should the Governor believe the
cers, provided crime with which the officer thus arrested is charged, merits a higher degree of punish-
ment than bare dismissal, he shall order a board, consisting of two of the board of in-
spectors and the attending physician, to convene at the penitentiary building, for his or
their trial, and this board shall have power to punish the offender, by fine or imprison-
ment, at their discretion.

Keeper to
furnish such
articles of diet
for the sick, as
the physician
may direct.
Rations of the
convicts re-
gulated.

Sect. 4. And be it further enacted, That the principal keeper shall, on the order of
the physician, furnish such articles of diet, as he may direct for the use of the sick.

Sect. 5. And be it further enacted, That the rations of the convicts shall, from and
after the passing of this act, consist of, if bacon, eight ounces ; if of pork, twelve
ounces ; if of beef, sixteen ounces ; the bread and other rations to be as they have
hitherto been ; and no provisions or fruit, other than the lawful ration, shall be admit*
ted into the penitentiary for the use of the convicts, except by the particular direction
of the physician, for the use of the sick.

Physician how Sect. 6. And be it further enacted, That a physician for the institution shall be ap-
pointed by the Governor and board of inspectors, and shall receive a salary of five hun-

His salary.

dred dollars per annum.

Duty of the
physician.

Sect. 7. And be it further enacted, That it shall be the duty of the physician, to
visit the convicts and guards, every day before nine o'clock, A. M. to inspect, once in
every week, the institution generally, and report all deficiencies and delinquencies, s©
far as belongs to his department, weekly, to the visiting inspectors.

Assented to, 21st December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

[ 677 ]

PILOTAGE AND PILOTS

AN ACT

To regulate the pilotage of vessels to and from the port of Darien and Sapelo

river.

WHEREAS, it is highly necessary for the safety of all ships and vessels bound in- Preamble,
ward to and outward from, the port of Darien and Sapelo river, that there should be a
sufficient number of good, skilful and able pilots, constituted and appointed for the
bringing into and carrying out of the same. For the expeditious and effectual perform-
ance of which ;

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the several per- Commission-
sons herein after named, be commissioners for the regulation of pilots, rates, and all app0inted for
matters relating to the pilotage, from the port of Darien and Sapelo river, viz: Thomas ™ePort°t
Spalding, James Hamilton, William A. Dunham, Virgil H. Vivion, Scott Cray, Jacob Sapelo river.
Wood and Reuben King, three of whom are hereby declared to be a quorum, and are Their powers,
hereby empowered to nominate and license such person or persons, as they shall think
to be most fit and competent to act as pilots, for the conducting of vessels inward to,
and outward from the port of Darien and Sapelo river.

Sect. 2. And be it further enacted by the authority aforesaid, That the commis- May pass bye-
sioners, or a majority of them, shall have power to pass such bye-laws, rules and regu-
lations, as they shall deem most advantageous for the safe pilotage of vessels bound in-
ward to, and outward from, the port of Darien and Sapelo river : Provided, such bye- Proviso,
laws, rules and regulations, be not repugnant to the laws and constitution of this state,
or the United States.

678 PILOTAGE AND PILOTS. 1811.

•f No. 389.) Sect. 3. And be it further enacted by the authority aforesaid, That all former acts

respecting the regulations of pilots and pilotage, for Darien and Sapelo river, are hereby

repealed.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Executive Department, Georgia.

Assented to, 10th December, 1811.

D. B. MITCHELL, Governor.

(No. 390.) AN ACT

Supplementary to an act, entitled An act to regulate the pilotage of vessels to and

from the several ports of this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Qualification That it shall not be lawful for any person to be commissioned as a pilot, but a citizen

of the United States, and whose usual residence has been therein, and who shall furnish

good recommendation of his character, capability, and attachment to our government.

Compensation Sect. 2. And be it enacted by the authority aforesaid, That the compensation for
pi ' outward pilotage shall be the same as inward, and that the sum of two dollars per day

be allowed for each day that any pilot may be detained on board of any vessel bound
out, from head wind or other detention.

No coloured Sect. 3. And be it further enacted by the authority aforesaid, That it shall not be

be^Uots for lawful for any coloured person or persons to be commissioned to act as pilots for the bar

Savannah ri- 0f Tybee and river Savannah.*

ver and Tybee

bar.

Commission- Sect. 4. And be it further enacted by the authority aforesaid, That the following per-

for the bar sons are ne**eby appointed commissioners for the bar and river Savannah : John Bolton,

vannahT ?*" JosePh Gumming, Abraham Nicols, Barna McKinne, J. Minis, Andrew Knox, Thomas
pointed.

* See act of 1816, No. 391, restoring1 the privilege of piloting to two coloured persons.

-- — -- -■— ■ — ^^-.. • ^.^—>~^*-*~;. .**. -^_.

PILOTAGE AND PILOTS. 1815, 1816. 575

Rice, James Bilbo, William Taylor, Robert Mackay, Thomas Gardner, William Gaston (No. 390.)
and J. Y. White ; and that any seven of them shall constitute a board, and shall have
full power to regulate the said bar and river Savannah.

Sect. 5. And be it further enacted by the authority aforesaid, That all laws or parts Repealing

clause
of laws militating with this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 12th December, 1815.

D. B. MITCHELL, Governor.

• AN ACT (No. 39!.)

To restore William Wall and Andrew Guarde, two persons of colour, to the
privilege of piloting vessels to and from the several ports in this state.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That William Wall
from and after the passing of this act it shall be lawful for the commissioners appointed Guarde may
to regulate the pilotage of vessels to and from the several ports of this state, and such as ., appointed
may be hereafter appointed, to invest William Wall and Andrew Guarde, two persons
of colour, with the privilege of piloting vessels to and from the several ports in this
state, any thing in any law to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.
Assented to, 4th December, 1816.

D. B. MITCHELL, Governor,

580

PILOTAGE AND PILOTS. 1818.

(No. 392.) AN ACT

To grant certain powers to the commissioners of pilotage for the port of Darien
and to authorize them to collect a tonnage duty on vessels.

Commission- BE it enacted by the Senate and House of Representatives of the state of Georgia,

for th^poitof *n General Assembly met, and it is hereby enacted by the authority of the same, That

Danen may tke commissioners of pilotage for the port of Darien shall have full power and authority
place anchors, r o r r j

&c. in the Al- to place in the Altamaha river certain anchors, buoys and chains, for the purpose of
tamaha, to aid

vessels pass- aiding and assisting vessels in their passage from Darien to Doboy sound,
ing from Da-
rien to Doboy

Sound. Sect. 2. And be it further enacted by the authority aforesaid, That if any person or

displacing, in- persons shall displace, cut, break, alter or destroy any of the said anchors, buoys or

stroyfng said chains, they shall forfeit and pay the sum of three hundred dollars, to be recovered in

anchors, &c. any court of this state having jurisdiction.

Tonnage duty Sect. 3. And be it further enacted, That the commissioners of pilotage for the port of
Darien be, and they are hereby authorized to levy and collect, on all vessels arriving at

Proviso. the port of Darien, three cents per ton, for the purposes as above expressed : Provided^

this act shall not be construed to authorize the said commissioners of pilotage to collect
tonnage duty on vessels licensed as coasting vessels and drogers in this state.

•**

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818-

WILLIAM RABLTN, Governor.

■

[ 681 ]

PORT WARDENS.

AN ACT
To appoint Port Wardens for the port of Savannah.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That five port wardens for the port of Savannah be appointed, as hereinafter directed, Port wardens
who shall hold their offices for and during the term of one year from and after the first
day of January next, and until their successors are appointed and qualified.

Sect. 2. And be it further enacted by the authority aforesaid, That the mayor and How and
aldermen of the city of Savannah be, and they are hereby invested with full power and ^ pp
authority to elect and appoint the said port wardens on the said first Monday in January
nexi, end on the first Monday of every succeeding January thereafter.

Sect. 3. And be it further enacted by the authority aforesaid, That the oath to be taken, Their oath,
the duties to be performed by the said port wardens, and fees, shall be prescribed and tobeprescrib-
directed by the said mayor and aldermen of the city of Savannah, any law or usage to ^^e,
to the contrary notwithstanding. aldermen,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.
4 S

[ 682 ]

PRIVATE ACTS.

AN ACT

For the relief of Stephen W. Moore.

Preamble. WHEREAS, it appears that Stephen W. Moore became security for the appearance

of one Henry M. Allen, and it appearing that the said Allen did appear at the first term,
of the court to which he was bound, and from unavoidable circumstances, was unable to
attend afterwards ; for remedy whereof,

Stephen W.
Moore releas-
ed from a pe-
nalty.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.
That the justices of the Inferior Court of Camden county be, and they are hereby di-
rected to remit the penalty incurred by the said Henry M. Allen's failing to attend.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Executive Department, Georgia.

Assented to, 4th December, 1811.

D. B. MITCHELL, Governor =

PRIVATE ACTS. 1811.

683

i - ■■ ■

AN ACT (No. 395.)

To alter and amend an act, entitled " An act to change the names of Betsey
Burton, Sally Burton, and Matilda Burton, minors."

RE AS, in and by said act, it does appear that Solomon Page is the reputed Preamble,
father of Betsey,. Sally and Matilda Burton, minors ; and that he was desirous they
should bear his name. And whereas, there are mistakes in the names of Burtons, as
also in the given names of Betsey and Sally.

IT is therefore enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That the act to The names of

• r • r certain per-

which this refers, shall be amended in manner following, to wit : the names ol sons changed,

Burton, expressed in the said act, to be read Horton ; and the name of Betsey shall be disabilities re-

called and known by the name of Martha ; and the name of Sally shall be known by the m°ved.

name of Sarah ; and the said Martha, Sarah and Matilda, are hereby freed from the

disabilities incident to their birth.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Executive Department, Georgia.

Assented to, 4th December, 1811.

D. B. MITCHELL, Governor.

4S 2

684

PRIVATE ACTS. 1811

(No. 396.) AN ACT

For the relief of Benjamin Everett.

WHEREAS, Benjamin Everett states that he resides on the line dividing thecounties
of Baldwin and Wilkinson, and is thereby compelled to pay taxes and perfofnTduty in
both counties ; for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives, in General As-

Benjamin sembly met, That from and after the passing of this act, the residence of the said Ben-

Everett
deemed a re- jamin Everett shall be held and considered as lying and being in the county of Baldwin.

sident of Bald-
win.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Executive Department, Georgia.

Assented to, 10th December, 1811.

D. B. MITCHELL, Governor.

(No. 397.) AN ACT

For the relief of Joseph Muse, Isaac Johns, William Jfonmons, James Leigh,
William Murden, Samuel Eigle, and Edward Pilcher, Jr. defaulting jurors
for the Superior Court of the county of Wayne, for October term, 1810.

Preamble. WHEREAS, the judge of the Superior Court of the county of Wayne, for October

term, 1810, imposed a fine of forty dollars on the defaulting grand jurors, and twenty
on the petit jurors, and his successor has never fined the jury of said county, more than
twenty dollars for grand jurors, and ten for petit ; for remedy whereof,

PRIVATE ACTS. 1811.

685

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of (No. 397.)

Georgia, in General Assembly met, and it is enacted by the authority of the same, That Certain fines

. on the persons

the justices of the Inferior Court of the county of Wayne, or any three of them, are herein named

hereby authorized and required to reduce the fine of Joseph Muse to twenty dollars,

and Isaac Johns, William Amnions, James Leigh, William Murden, Samuel Eigle and

Edward Pilcher, junior, to ten dollars each ; any law, usage or custom, to the contrary

notwithstanding.

Executive Department, Georgia.

Assented to, 13th December \ 1811.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

D. B. MITCHELL, Governor.

AN ACT

(No. 398.)

For the relief of Ann Houston.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the comptroller general of this state be, and he is hereby required to receive a cer- An audited

tificate issued at Savannah, on the twenty-third day of June, one thousand seven hun- ^e taten up

dred and eighty-six, by John Wereat, then auditor of the state, in favour of George ?nd a,new one
° J f ° issued to Ann

Houston, since deceased, for five hundred pounds, and to issue to Ann Houston, execu- Houston in
trix of the estate of the said George Houston, the holder thereof, another certificate for
the like amount, in lieu thereof ; any law to the contrary thereof notwithstanding.

ROBERT IVERSON,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate,

Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor,

686

PRIVATE ACTS. 1811.

(No. 399.)

AN ACT

To alter and change the names of certain persons therein named.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

The names of Georgia, in General Assembly met, and by the authority of the same, That from and after

certain "Dcr-

sons changed, the passing of this act, Joshua Saliers, Jacob Saliers, Benjamin Saliers, Elizabeth

Saliers and Susannah Saliers, shall be called and known by the name of Joshua Avoret,

Jacob Avoret, Benjamin Avoret, Elizabeth Avoret, and Susannah Avoret.

Other names
altered.

Sect. 2. And be it further enacted, That John Greer be called and known by the
name of John McCrary ; and John Gates, called and known by the name of John
Jamieson ; Alfred Brown, to that of Alfred Wellborn ; Zachariah Caswell, to Zachariah
Butt, and Joseph Mathews, to Joseph Melburn Mathews.

Executive Department, Georgia,
Assented to, 16th December, 1811.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

D. B. MITCHELL, Governor.

PRIVATE ACTS 1812.

687

AN ACT

(No. 400.)

To continue in force an act, entitled "Jin act for the relief of John Mc Cloud and

the heirs of Micajah Little, deceased."

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor- The recited

J j i »/ act to con-

tra, in General Assembly met, and it is hereby enacted by the authority of the same, That tinue in force
6 ' y ,,*-' y . r c t until the first

the before recited act shall be and remain in full force until the first day or January, of January,

1816.
1816.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.

Assented to, 5th December, 1812.

pffi

D. B. MITCHELL, Governor.

AN ACT

For the relief of William Stobo and Reuben Moore.

(No. 401.^

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the said William Stobo and Reuben Moore are hereby exonerated and discharged William Stobo

and Reuben
from the penalties of a bond entered into by the said Stobo and Moore for the appear- Moore reliev-

ance of John R. Salisbury at the Superior Court of Burke county, which recognisance certain forfeit-

was estreated and judgment entered up against the said Stobo and Moore, at the October ecl recoSni°

term of the Superior Court of said county, in 1812, upon the payment of cost.

Executive Department, Georgia,

Assented to, 7th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor,

688

PRIVATE ACTS. 1812.

(No. 402.)

AN ACT

For the relief of Hague Laughton.

Preamble, WHEREAS, the aforesaid Hague Laughton is the chief and head workman of a

cotton manufactory in the county of Wilkes, incorporated by the legislature, and in the
prosecution of the labours of said factory his constant and particular attention is re-
quired, and without it the business of the factory must necessarily stand still ; and
whereas, by the militia and other laws of this state he has been, and may hereafter be
frequently called off from his said beneficial and useful employment, to the great disad-
vantage of said factory, which ought, as well as all other home manufactories, to be
encouraged and protected by a free and enlightened government, and more especially at
this eventful crisis :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives, in General
Hague Laugh- Assembly met, and by the authority of the same, That from and after the passing of this
from militia act> tne said Hague Laughton shall be, and he is hereby exempt from militia, road, and
tie r& other similar duties, which may call him from his business and attendance on the said

manufactory, during the time that he may be employed therein ; any thing contained in

any law to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia,

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.

PRIVATE ACTS. 1812.

689

AN ACT

(No. 403.

For the relief of Benjamin Moore.

- «P*|jk «i i -* . ■*•>»

WHEREAS, Robert Moore in his lifetime became security for one William Fidler, Preamble
to prosecute an indictment in behalf of the state of Georgia, against one Oran Beckley,
for an assault and battery committed on the said William Fidler ; that at a term of
October, eighteen hundred and ten, of the Superior Court for Richmond county, at
which term the said Fidler was recognised to appear, he from sickness was unable to
do so, and to prosecute the said indictment in terms of said recognisance, which of
consequence was forfeited : the said Robert Moore has since departed this life, and the
said Benjamin Moore, who is his legal heir and representative, is in danger of execu-
tion for the sum of fifty dollars, the amount for which the said Robert Moore was
bound : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the proper authority be, and are hereby required to remit fifty dollars, the penalty Benja

Moore J
incurred by the said William Fidler's failing to appear and prosecute the said Oran

Beckley .to conviction, in the Superior Court of Richmond county, after cost being paid

by said Benjamin Moore.

«4

Executive Department, Georgia.

Assented to, 7th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate*

D. B. MITCHELL, Governor.

690

PRIVATE ACTS. 1812.

(No. 404.)

AN ACT

For the relief of William Wilson, Zachariah Bell, and Thomas McDade.

►

Preamble. WHEREAS, William Wilson was recognised in the sum of one hundred dollars, to

appear at a Superior Court held in and for the county of Richmond, in October, eigh-
teen hundred and twelve, for an assault and battery on one Abel Cain, and for the ap-
pearance of the said William Wilson, Zachariah Bell and Thomas McDade, each
bound themselves in a bond of fifty dollars for the appearance of said William Wilson,
who appeared the first and second days of said term, and from sickness was unable to
give any farther attendance ; and on the case being called, and default being made,
judgment was entered up against the principal and securities for the sums in which
they were severally bound :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

The Inferior state of Georgia, in General Assembly met, and by the authority of the same, That the
Court autho- . , . . . .

rizedtore- justices of the Inferior Court for the county of Richmond, or a majority of them, be,

soiuTaforesaid. ano- they are hereby fully authorized and empowered, if they think proper, to relieve the
■^K above named William Wilson, Zachariah Bell and Thomas McDade, or either of them,

in such sums, or any part thereof, as they may severally stand bound, upon payment of

cost.

BENJAMIN WHITAKER,

Speaker of the House of Representatives \

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.

PRIVATE ACTS. 1812.

691

AN ACT

(No. 405.)

To alter the names of Lorinda Price, Fiorina Price, and Linson Ebben Price,
to that of Lorinda Jackson, Fiorina Jackson, and Linson Ebben Jackson,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, the said Lorinda Price, Flo- Certain names
rina Price and Linson Ebben Price, shall be known and called by the names of Lorinda
Jackson, Fiorina Jackson, and Linson Ebben Jackson.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.

AN ACT

(No. 406.)

For the relief of Simon Jackson.

WHEREAS, Simon Jackson, of the city of Savannah, has by his petition represented, Preamble.
that he is born of free Indian parents, but has been deprived of privileges which his birth
and parentage entitled him to, in consequence of his complexion : And zahereas, the said
Simon Jackson only claims the right of purchasing property, and of disposing of and
holding the same, without the interposition of a guardian, and it appearing from the
testimony accompanying the petition of said Simon Jackson, that he was born of free
Indian parents:

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the Simon Jack-

r r*, r> l a ? i /•• i r i , • r , son» ailthoriz-

state oj Georgia, in General Assembly met, and it is -enacted by the authority of the same, efito hold and
That the said Simon Jackson be, and he is hereby authorized to purchase and hold real a^dpersonaI

4T 2

692

PRIVATE ACTS. 1812.

(No. 406.) and personal property, and to sell, bequeath, and dispose of the same, as he may think
proper and direct, without the aid or interposition of a guardian.

property,
without any
guardian.

Vested with
no other civil
right by this
act.

Sect. 2. And be it further enacted by the authority aforesaid, That the said Simon
Jackson shall not be vested with, or claim any other civil right or rights, than is or are
specified as aforesaid in this act.

1 BENJAMIN WHITAKER,

Speaker of the House of Representatives,

Executive Department, Georgia.

Assented to, 7th December, 1812.

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor.

(No. 407.)

AN ACT

Preamble.

William S.
.Lancaster, and
Clement La-
nier, relieved
from a certain
forfeited re-
cognisance.

For the relief of William S. Lancaster and Clement Lanier.

WHEREAS, it appears upon the petition of the aforesaid William S'. Lancaster and
Clement Lanier, that they unfortunately became securities for the appearance of one
James Lanier, before the Superior Court of Pulaski county, in April term last, who
was indicted for the crime of Sabbath-breaking, in the act of card-playing, which said
James Lanier failed to appear, and upon such failure, the court proceeded to judgment,
in October term last, to the amount of their bonds : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives, in General
Assembly met, and by the authority of the same, That the said William S. Lancaster
and Clement Lanier be, and they are hereby fully exonerated and discharged from the
pain and penalty of said judgment, upon their paying the costs accrued on said indict-
ment, any law to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgja.
Assented to, 7th December, 1812.

D, B, MITCHELL, Governor.

*• • f I * 9

if PRIVATE" ACTS. 1812. 693

AN ACT (No. 408.)

For the relief of David Speer.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the justices of David Speer
the Inferior Court of Greene county, or a majority of them be, and they are hereby fully
authorized and required to relieve the above named David Speer, from the payment of
the judgment entered against him, as security for the appearance of one David Speer,
jun. upon payment of costs.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Executive Department, Georgia.

Assented to, 9th December, 1812.

D. B. MITCHELL, Governor.

AN ACT (No. 409.)

For the relief of John Allen,

Sect. 1. BE it enacted by the Senate and House , of Representatives of the state of
Georgia, in General Assembly met, That the justices of the Inferior Court of Morgan John Allen
county be, and they are hereby authorized, if they think fit, to exonerate John Allen JeforfeUed°r™
from the payment of the sum of two hundred dollars, the amount of a judgment entered C0Snisance°
up against him by the Superior Court, on a forfeiture of recognisance, &c.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate-
Executive Department, Georgia.

Assented to, 10th December, 1812.

D. B, MITCHELL, Governor

• •

•*

694

PRIVATE ACTS 1812.

(No. 410.)

AN ACT

For the relief of Benjamin Broivn.

The right of
the state to a
tract of land in
Randolph
county, relin-
quished to
Benjamin
Brown.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and im-
mediately after the passing of this act, all that part of the lot or tract of land situate in
the nineteenth district of Baldwin, now Randolph county, known by number ninety-
seven, so far as the state of Georgia has any claim thereto be, and the same is hereby
given up and restored to the said Benjamin Brown.

Sect. 2. Be it further enacted, That all laws or any part of laws operating against
this law be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

Executive Department, Georgia.

Assented to, 10th December, 1812.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

(No. 411.)

Preamble.

AN ACT

To relieve and exonerate Samuel Wilkinson from a judgment obtained against
him in the Superior Court of Morgan county, August term, 1812.

WHEREAS, the said Samuel Wilkinson, in consequence of having been security for
one Nathaniel Wilkinson, has been mulct in damage to the amount of one thousand
dollars, in consequence of the non-attendance of the said Nathaniel at a Superior Court
of Morgan county, to answer to an indictment for an assault and battery ; and inas-
much as the said Samuel is in indigent circumstances :

PRIVATE ACTS. 1812. 695

quired to exonerate from the said judgment the said Samuel Wilkinson, on his paying (No. 411.)

all costs that may have accrued in consequence of the said suit : and all officers and Exonerated
J ^ from the said

other persons are hereby required to discharge the said Samuel on the said condition, penalty,
any thing to the contrary in anywise notwithstanding.

• BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.

*
Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

AN ACT (No. 412.)

For the relief of John Fielder.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General
Assembly met, and by the authority of the same, That from and immediately after the John Fielder
passing of this act, John Fielder shall be, and he is hereby exonerated and relieved a judgm^?.™
from the judgment and interest thereon entered against said Fielder in favour of the
state of Georgia, on account of his being bail for the appearance of Benjamin Easley at
a Superior Court for the county of Clark, to answer to an assault and battery commit-
ted by the said Benjamin Easley: Provided, the said Fielder shall pay all costs accruing
on the said prosecution, any law to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Executive Department, Georgia.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor,

696

PRIVATE ACTS. 1812.

(No. 413.)

AN ACT

To authorize Batt Wyche to erect a mill on the Oconee river, at Ford's Shoals,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Batt Wyche Georgia, in General Assembly met, and by the authority of the same, That from and

build a mill after the passing of this act, Batt Wyche is hereby authorized to erect a mill on the
on the Oco-
nee river. I south-west side of the Oconee river, at the place known by the name of Ford's Shoals,

Proviso. adjoining lands of the said Batt Wyche : Provided, said mill, nor any part thereof, doth

not obstruct the navigation of said river.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Executive Department, Georgia.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor.

(No. 414.)

AN ACT
To change the names of certain persons therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

The names of Georgia, in General Assembly met, That from and immediately after the passing of this
certain per- " _ T , .\ ' . . ,

sons changed, act, that Joseph McCay shall bear and be known by the name or Joseph Austin, and that

John William Henry Tamplin shall bear and be known by the name of John William

Henry Hobson, and that John Charles Villadier shall bear and be known by the name of

John Charles Ballias, any law to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia,

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor

PRIVATE ACTS. 1813.

697

AN ACT (No. 415.)

To alter and change the names of certain persons therein mentioned.

changed.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assembly
met, and it is hereby enacted by the authority of the same, That from and after the pass- Certain names
ing of this act, William Cade, of Camden county, shall be known and called by the name
of William Hopkins.

Sect. 2. And be it further enacted, That from and after the passing of this act, James
Clement, William Clement, Jonathan Clement, and Charles Clement, of Scriven county,
shall be called and known by the names of James Piatt, William Piatt, Jonathan Piatt,
and Charles Piatt.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 20th November, 1813.

PETER EARLY, Governor.

AN ACT (No. 416.)

Vesting in Richard Montgomery JDimond certain property therein mentioned.

WHEREAS, it hath been represented to the General Assembly of this state, that Preamble.
Augusta Fisher, widow, (late of the county of Chatham,) did depart this life intestate
and without will, leaving no heirs ; and whereas, it appears that it was the intention of
the said Augusta Fisher to have vested in the aforesaid Richard Montgomery Dimond
all her property, real and personal, but died without carrying her intention fully into
effect : for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That all the property, real and personal, which did belong to the said Augusta Fisher at Tne property

of Augusta
the time of her death, be, and the same is hereby vested in the said Richard Montgomery Fisher, de-

4 U

698

PRIVATE ACTS. 1813.

(No. 416.) Dimond : Provided nevertheless, that nothing in this act shall be construed so as to

ceased, vested prevent the recovery of any just demand which may hereafter be brought against said

Montgomery estate : And provided, that nothing herein before enacted shall be so construed as to bar
Dimond.

the right of any lawful heir or heirs, if such should hereafter claim the said estate.

Proviso
Proviso

Assented to, 2d December, 1813.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

v President of the Senate.

PETER EARLY, Governor.

(No. 417.)

AN ACT

For the relief of John Boog.

Preamble. WHEREAS, it appears that John Boog became security for the appearance of one

Adam Walsby, and it appearing that the said Walsby did appear at the first term of the
court to which he was bound, and from unavoidable circumstances was unable to attend
afterwards ; for remedy w'hereof,

Sect. 1. BE it enacted by the Senate and House of Representatives, of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Penalty to be That the justices of the Inferior Court of Camden county be, and they are hereby
directed to remit the penalty incurred by the said Adam Walsby's failing to attend.

remitted.

Assented to, 2d November, 1813.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate*

PETER EARLY, Governor,

PRIVATE ACTS. 1813. 699

AN ACT (No. 418.)

Giving time to John Hardee to pay up money due by him to this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That so much money as is now due by maior John Hardee, of Camden county, to this Indulgence
J J J J J-> given to John

state, as the security of Joseph Crews, tax collector for the years 1805, 6, and 7, in Cam- Hardee for
den county, shall be paid by him the said major John Hardee, into the treasury of this \&m tothe
state, at the following periods, and in the following manner, viz : One third on the tenth j^*1^^ *fe

dav of November, eighteen hundred and fourteen, one third on the tenth day of No- John Crews,

J m ' ° ' # m J tax collector

vember, eighteen hundred and fifteen, and the remaining one-third on the tenth day of for Camden

November, eighteen hundred and sixteen: Provided, the said John Hardee gives bond ing the' years

and security to the justices of the Inferior Court of said county, in the amount due, ' '

7 J t ... Proviso,

payable to the Governor, or his successors in office, with eight per cent, interest on the

sum found to be due.

BENJAMIN WHITAKER,
Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 2d December, 1813.

PETER EARLY, Governor,

AN ACT (No. 419.)

For the relief of John D'Antignac, Esq. tax collector for the county of Richmond,

for 1812.

WHEREAS, John D'Antignac, Esq. by his petition addressed to the Senate and preamble.
House of Representatives of this state, has prayed relief in relation to a large sum of
money stated to have been stolen from him on the 9th instant, and which sum, amount-
ing to nearly fifteen hundred dollars, was a part of the taxes collected for the county of
Richmond, for 1812 ; and the fact of the loss of said money being confirmed by affi-
davit :

4 U2

■

PRIVATE ACTS. 181

(No. 419.) Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the said John D'Antignac, Esquire, be compelled to pay into the treasury of this
state, the balance due by him as tax collector for the county of Richmond, for the year
1812, in the separate instalments, to wit: On the fifteenth day of November, 1814, the
sum of five hundred dollars ; on the fifteenth day of November, 1815, the sum of five
hundred dollars ; and on the fifteenth day of November, 1816, the balance which shall
then be due: Provided, the said John D'Antignac shall give good and sufficient" secu-
rity to his excellency the Governor, for the payment of the aforesaid sums, at the times
therein respectively mentioned, which security shall be approved of by the Inferior
Court of Richmond county.

Time given to
John D'Antig-
nac to pay
the balance
due by him as
tax collector
for Richmond
county, for the
year 1812.

Proviso.

Assented to, 3d December, 1813.

BENJAMIN WHITAKER,

Speaker of the House, of Representatives.

WILLIAM RABUN,

President of the Senate,

PETER EARLY, Governor.

(No. 420.)

AN ACT

To vest in and secure to John Willson, of the city of Augusta, his heirs and as-
signs, for ever, certain property devised and bequeathed to him by John Willson,
lately also of the city of Augusta, deceased.

Preamble. WHEREAS, by the last will and testament of John Willson, Esq. late of the city of

Augusta, deceased, certain property, both real and personal, was devised and be-
queathed to John Willson, nephew and partner of the' testator : And whereas, certain
technical words, deemed necessary to vest the fee simple and absolute estate in the said
devisee and legatee, are omitted in said will : And whereas, it appears evident that the
testator intended by his said will to create an estate in fee, and absolutely to vest the
property in the said John Willson, his nephew :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

Certain pro- same% That all the property, as well real as personal, devised and bequeathed to the said
perty vested ' r r J

in John Will- John Willson, by the last will and testament of John Willson, late ot Augusta, de-
son.

PRIVATE ACTS. 1813, 1814. 701

ceased, shall be, and the same is hereby vested as fully and absolutely in him the said (No. 420.)
John Willson, as if words of perpetuity, or words of inheritance had been used and in-
serted in the will of the deceased, any law, usage or custom, to the contrary notwith-
standing.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 2d December, 1813.

PETER EARLY, Governor.

AN ACT (No. 421.^)

To alter the names of Whitmel Rogers and Reddick Rogers.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, the aforesaid Whitmel Rogers and Reddick Their names
Rogers shall be called and known by the names and style of Whitmel Rutland and
Reddick Rutland.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 3d November, 1814.

PETER EARLY, Governor

702 PRIVATE ACTS." 1814.

(No. 422.) AN ACT

For the relief of Charles Smith, of Wilkes county.

WHEREAS, Charles Smith, of Wilkes county, became the security of John Darracott,
for the collection of Wilkes county tax for the year eighteen hundred and seven ; and
whereas, the grand juries of said county, for the January and June terms of the year
1814, and a number of respectable citizens of said county, have petitioned the legislature
to release the said Charles from the force and effect of the said bond, and the said
Charles having presented his petition for that purpose ; and whereas, the said matter
exclusively concerns the said county of Wilkes :

«#■

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Charles Smith That the justices of the Inferior Court of Wilkes county be, and they are hereby author-

his security- ized to release Charles Smith, security for John Darracott, collector of the county tax of
ship of John . . ....

Darracott. said county, from the tenor of his bond : Provided, they in their discretion think proper.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 3d November, 1814.

PETER EARLY, Governor.

(No. 423.) AN ACT

For the relief of James Tapley.

Preamble. WHEREAS, it appears from the petition of the said James Tapley, and others of the

inhabitants of Montgomery county, that the said James Tapley unfortunately became
security for the appearance of one Darling Glover, before the Superior Court of the
county of Montgomery, for which he gave his bond to the amount of one hundred dollars,
and notwithstanding the said Glover made his appearance, and was discharged from
the prosecution, on payment of the costs, which he failed to do, therefore judgment
was entered against the said Tapley for the amount of his bond :

me nt.

PRIVATE ACTS. 1814. 703

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of (No. 423.)

Georgia, in General Assembly met, and by the authority of the same, That the said James James Tapley

exonerated
Tapley is hereby fully and completely exonerated and discharged from said judgment, on from a judg

payment of all costs on said judgment, any law to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 18th November, 1814.

PETER EARLY, Governor.

AN ACT (No. 424.)

For the relief of the heirs and representatives of John Kennon, deceased.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the justices of the Inferior Court of the counties of Putnam and Baldwin, are The heirs, &c,

hereby authorized to release the heirs of John Kennon from all the penalties of a bond non, deceased,

given by him, during his lifetime, for the building and keeping in repair a bridge across ^bond riven

Little river, at Mullin's ford, any law to the contrary notwithstanding. ,b>'.h,im iol

J building, &c.

a bridge across

BENJAMIN WHITAKER, Little River,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 18th November, 1814.

PETER EARLY, Governor,

704 PRIVATE ACTS. 1814, 1815.

(No. 425.) AN ACT

To alter and change the name of Eliab Hodgens to that of Eliab Jones.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same^
Name altered. That from and after the passing of this act, Eliab Hodgens shall be called and known
by the name of Eliab Jones.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

JARED IRWIN,

President of the Senate, pro tern.

Assented to, 22d November, 1814.

PETER EARLY, Governor.

(No. 426.) AN ACT

To alter the names of Aden Moss to that of Aden Powell, and William Henry
Braziel, Henry William Braziel, and Ambrose Ransom Braziel, to that of
William Henry Wright, Henry William Wright, and Ambrose Ransom
Wright, and James West, to that of James Heard.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
The names of That from and immediately after the passing of this act, Aden Moss shall be called
sons altered. anc^ known by the name of Aden Powell, and William Henry Braziel, Henry William
Braziel, and Ambrose Ransom Braziel, by the names of William Henry Wright, Henry
William Wright, and Ambrose Ransom Wright, and James West by the name of
James Heard.

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate
Assented to, 8th December, 1815.

D. B. MITCHELL, Governor.

PRIVATE ACTS. 1815. 795

AN ACT (No. 427.)

To relieve and exonerate William O. Whitney and JYathaniel Payne, from their
bond or recognisance given to prosecute an indictment, in behalf of the state of
Georgia, against Farly Thompson.

WHEREAS, William O. Whitney, principal, and Nathaniel Payne, his security, on Preamble,
the twenty-ninth day of May, eighteen hundred and eight, gave their bond or recogni-
sance in the sum of five hundred dollars, conditioned to prosecute an indictment against
Farly Thompson ; and whereas, an indictment was duly preferred at October term,
eighteen hundred and eight, and at April term, eighteen hundred and nine, the prisoner
Farley Thompson, arraigned and plead not guilty ; and whereas, it appears that the
prosecutor attended every court pending the indictment, up to the term at which nole
prosequi was entered, and at which term the said recognisance was forfeited :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

same, That from and immediately after the passing of this act, the said William O. William Q.

^Vnrtncv nn d

Whitney and Nathaniel Payne be, and they are hereby exonerated and discharged Nathaniel

from 'their said bond or recognisance, on paying the fees of court ; and on the payment e(j from^a for-

of said fees, it shall be the duty of the solicitor general in the western district, to cause felted rec°g-

J ° nisance.

satisfaction to be entered on record, and the recognisance delivered up to the said Wil-
liam O. Whitney.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 8th December, 1815*

D. B. MITCHELL, Governor,

706

PRIVATE ACTS. 1815.

(No. 428.)

AN ACT

JFor the relief of John Moore, of Jasper county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

A fine on That the fine imposed on John Moore, of Jasper county, by his honour Judge Harris, at

John Moore . •

set aside. February term, 1815, be, and the same is hereby annulled and set aside.

Assented to, 12th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

(No. 429.)

AN ACT

For the relief of Elisha Wright.

Preamble. WHEREAS, Elisha Wright, of the county of Putnam, in the year 1812, became se-

curity for the appearance of one James Pitman at the Superior Court of Hancock
county, at February term 1812; and at February term 1813, the recognisance of the
said Elisha Wright and James Pitman was forfeited; at August term 1815, a sci. fa.
issued against the said Elisha Wright, and a verdict was rendered against him for one
thousand dollars, with costs ; and whereas, the said Elisha Wright hath petitioned this
legislature, praying that he may be released from the payment of his said recognisance,
on condition that he, the said Wright, shall deliver the body of the said James Pitman,
to the proper officer of Hancock county, on or before the last day of the term of the
Superior Court of said county, in August, 1816.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Proceedings That all further proceedings against the said Elisha Wright, on account of his said re-
Wright to be cognisance, be suspended until the last day of the term of the Superior Court of said
suspended. county? in August, 1816.

PPvIVATE ACTS. 1815. 707

Sect. 2. And be it further enacted, That the said Elisha Wright be, and he is (No. 429.)
hereby exonerated from the payment of his said recognisance: Provided, he shall deli- Exonerated
ver to the proper officer of Hancock county, the body of the aforesaid James Pitman, on cognisance.
or before the last day of the term of the Superior Court of said county, in August, T0V1S9,
1816.*

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

Assented to, 12th December, 1815.

D. B. MITCHELL, Governor.

AN ACT (No. 430.)

To pardon Agness Hogg, alias Agness Yates.

WHEREAS, at a Superior Court held in and for the county of Putnam, for Septem- Preamble,
ber term, in the year of our Lord, one thousand eight hundred and sixteen, a certain
Agness Hogg, alias Agness Yates, of the county aforesaid, was convicted of the crime
of murder, and was sentenced by the court to be executed on Friday the twenty-se-
venth of the same month; but on the petition of sundry persons, principally inhabitants
of the county of Putnam aforesaid, to his excellency the Governor, praying a respite for
the said Agness Hogg, alias Agness Yates, the same was granted until Wednesday, the
fourth day of December next :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the
same, That from and immediately after the passing of this act, the said Agness Hogg, Pardon,
alias Agness Yates, shall be, and she is declared to be fully and entirely pardoned,

* See act of 1816, No. 437, on the same subject,
4X2

708

PRIVATE ACTS. 1816.

(No. 430.) exonerated and discharged from the pains and penalties of her said conviction, as
though she never had committed the said offence.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate.
Assented to, 21st November, 1816.

D. B. MITCHELL, Governor.

(No. 431.)

AN ACT

To pardon Robert McManus, of the county of Richmond.

Preamble. WHEREAS, at a Superior Court holden in and for the county of Richmond, at

October term last past, Robert McManus, of said county, was found guilty of the mur-
der of one William McLaughlin, and received sentence of death, to be executed on
Friday the 29th of the present month, November ; and whereas, a number of respect-
able inhabitants of said county, (and particularly the foreman and others of the jury
who were on the trial,) have petitioned the General Assembly to pardon the said Ro-
bert McManus :

Sect. 1. BJE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
Pardon. the same, That from and immediately after the passing of this act, the said Robert

MeManus be, and he is hereby declared to be freely, fully and entirely pardoned, exo-
nerated and discharged, from the pains and penalties of his said conviction and sen-
tence, as fully, freely and entirely, as if such conviction and sentence had never taken
place, or the offence been committed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 21st November, 1816.

D. B. MITCHELL, Governor.

PRIVATE ACTS. 1816. 709

AN ACT (No. 432.)

To vest in Esther Johnson and James Johnson, their heirs and assigns, all the
property, both real and personal, of ivhich one Elisha Brothers, deceased, late
of Warren county, died possessed.

WHEREAS, it appears to this legislature, from sundry documents, that Elisha Bro- Preamble,
thers, deceased, late of Warren county, died possessed of certain real and personal pro-
perty, and from sundry affidavits, that one Esther Johnson is the illegitimate half-sister
of the said Elisha Brothers, and that one James Johnson is the illegitimate half-brother
of the said Elisha Brothers, and that the said Elisha Brothers, Esther Johnson and
James Johnson, are all children of the same mother, and that the said Elisha Brothers,
in his last illness, as he had often done before, acknowledged the relationship heretofore
stated, between himself, the said Esther Johnson and James Johnson, and also ex-
pressed his wishes that the said Esther Johnson and James Johnson should inherit,
possess and enjoy his estate, real and personal :

Sect. 1.' BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

same. That all the estate, both real and personal, of the said Elisha Brothers, which he The property

. , . of Elisha Bro-

died possessed of, or was entitled to in this state, shall go to and be vested in the said thers, deceas-

Esther Johnson and James Johnson, their heirs and assigns, share and share alike, to Es'tner John-
hold to them, their heirs and assigns, for ever ; subject, nevertheless, to the payment of son an<* ,

♦JUlTJCS J OH II ~

all the just debts dueand owing from the estate of the said Elisha Brothers. son.

Sect. 2. And be it further enacted, That all suits or proceedings in law or equity, in SuIts under

the escheat
which this state may be a party, touching the said estate, real and personal, of the said laws, touching

Elisha Brothers, under or by virtue of the^escheat laws of this state, shall cease, deter- shall cease!

mine and be utterly null and void, any thing in the said escheat laws contained to the

contrary notwithstanding.

Sect. 3. - And be it further enacted, That no part or parts of the before recited sec- Said Esther

tions of this act, shall be so construed as to exempt the said Esther Johnson and James Johnson lia-

Johnson, their heirs and assigns, from the payment of such costs as may have already and tJie es_ '

accrued, or shall hereafter accrue in the settlement of the said estate, or to release the creator's

7 commissions.

710 PRIVATE ACTS. 1816.

(No. 432.) said estate from the payment of such commissions, as by the law the escheator of the
county or counties in which the said estate may be situated is entitled to receive.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate^
Assented to, 28th November, 1816.

D. B. MITCHELL, Governor.

(No. 433.) AN ACT

To alter and change the names of John W., Samuel, and Thomas Y. Myrick, to
that of John W., Samuel and Thomas Y. Berry.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
The names of in General Assembly met, and it is hereby enacted by the authority of the same, That
sons^hanged. from and immediately after the passing of this act, the names of John W. Myrick,

Samuel Myrick, and ThomasY. Myrick, be changed and altered to that of John W.N

Berry, Samuel Berry, and Thomas Y. Berry.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 4th December, 1816.

D. B. MITCHELL, Governor.

PRIVATE ACTS. 1816. 711

AN ACT (No- 434')

To vest the interest of this state to certain property therein named, in the heirs of
Adam Ross, late of Greene county, deceased.

WHEREAS, Elisha Hall, late of Greene county, deceased, did intermarry with Preamble
Elizabeth Ross, a daughter of Adam Ross, late of Greene county, in the lifetime of
a former wife, with whom the said Elisha Hall had intermarried in the state of South
Carolina, and from whom he had never been divorced : and whereas, during such his
illegal connection with the said. Elizabeth Ross, he had born unto him, of the said Eliza-
beth Ross, a son called and known by the name of John Adam Hall, who by the laws of
this state was a bastard : and whereas, the legal wife of the said Elisha Hall, having
departed this life in the lifetime of the said Elizabeth Ross, and after the birth of the
said John Adam Hall, the said Elisha Hall soon thereafter intermarried with the said
Elizabeth Ross, in due form and according to the laws of this state, and by such his
intermarriage with the said Elizabeth, acquired a considerable estate, both real and
personal, to wit : Seven negroes, named Cardis and her children, Celia, August, Ra-
chael, Hannah and her children Sampson and Eliza, from the labour of whom he was
enabled to acquire the tract of land whereon the said Elisha Hall lived at the time of
his death, in the county of Greene, and considerable stock, plantation tools, household
and kitchen furniture, waggons and stills, and other property : and whereas, the said
Elisha Hall departed this life, having first executed his last will and testament,
wherein and whereby he devised and bequeathed to his illegitimate son, by the name
of John Adam Hall, as well as the negroes acquired by his intermarriage with the said
Elizabeth Ross, as also all the land of which he was possessed in the county of Greene*
with the crop thereon, as also his plantation tools, waggon, still, household and kitchen
furniture, &c. as in and by the last will and testament will more fully appear : and
whereas, the said John Adam Hall, the legatee in the said will, after the death of the
said Elisha Hall, also departed this life, a minor and intestate, whereby the whole of
the estate bequeathed to him, in and by the said' will and testament, escheats to this
state: and whereas, it appears that the said Elisha Hall, in and by his said will, hath
made ample provisions for his children by his first marriage, and that the property be-
queathed and devised to the said John Adam Hall was such, and the proceed thereof,
as was acquired by his marriage with the said Elizabeth, the mother of the said John
Adam Hall, and that the heirs of Adam Ross, deceased, are the next of kin of the said
Elizabeth, to whom in justice and equity the property aforesaid ought to descend and
be vested in :

712

PRIVATE ACTS. 1816.

(No. 434.) BE it therefore enacted by the Senate and House of Representatives of the state cf

Georgia, in General Assembly met, and it is enacted by the authority of the same,

The right and That the interest, claim, right and title of the state of Georgia, acquired under the

title of the .

state to cer- escheat laws of this state, to all the property, both real and personal, devised and be-

suSecTfo 'the queathed in and by the last will and testament of Elisha Hall, late of Greene county,

escheat laws, deceased, to Tohn Adam Hall, late of the same county, deceased, be, and the same are

vested in the ' J J 7

heirs of Adam hereby conveyed, transferred, granted and vested in the right heirs of Adam Ross, also
Jtoss.

late of Greene county, deceased, subject to be divided among them, according to the

statute of distribution, in the same manner as though the said property, real and per-
sonal, formed and was of the estate of the said Adam Ross, deceased.

BENJAMIN WHITAKER,
Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

(No. 435.) \ AN ACT

For the relief of Hannah Davis, ividow of Thomas Davis, deceased.

Preamble. WHEREAS, Thomas Davis, in his lifetime, at the Superior Court of Randolphs

county, February term, 1811, entered himself as security for the appearance of James
Baker, at the next term of said court, against whom the grand jury of said county had
found a true bill for an assault ; and whereas, the said James Baker failed to appear, in
consequence of which the recognisance of said Thomas Davis was forfeited, and judg-
ment entered up and execution issued against Thomas Davis, since deceased, as secu-
rity as aforesaid, for the sum of five hundred dollars :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
Hannah Davis the same, That the said Hannah Davis, widow of the said Thomas Davis, deceased, im-
from the pay mediately after the passing of this act, is hereby discharged from the payment of the
•uTnient & judgment and execution aforesaid, on the payment of the costs of suit j and on the pay-
against her deceased husband.

PRIVATE ACTS. 1816. 713

ment of the costs aforesaid, it shall be the duty of the sheriff of Jasper county to enter sa- (No. 435.)
tisf action in full on said execution.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 436.)

To alter and change the names of certain persons therein named.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That The naines of

Cl*tnil1 QGF-

from and after the passage of this act, that Mary Ann Walder, Sarah Ann Walder, Sons altered.
Minton Streeter Walder, and Bradford Walder, shall be called and known in law by
the names of Mary Ann Jones, Sarah Ann Jones, Minton Streeter Jones, and Brad-
ford Jones; and Lockhart. Spring shall be called and known in law by the name of
Lockhart Anderson.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

4 Y

14 PRIVATE ACTS. 1816.

(No. 437.) AN ACT

For the relief of Elisha Wright.

•

Preamble. WHEREAS, Elisha Wright, now of the county of Jones, in the year one thousand

eight hundred and twelve, became security for the appearance of one James Pittman, at
the Superior Court of Hancock county, at February term, 1812, and at February term,
1813, the recognisance of said Elisha Wright and James Pittman was forfeited ; at
August term, eighteen hundred and fifteen, a set. fa. issued against said Elisha Wright,
and a verdict was rendered against him for one thousand dollars, with cost : And
whereas the said Elisha Wright hath petitioned this legislature, praying that he may be
released from the payment of his recognisance : And whereas, the said Elisha Wright
hath shown to the satisfaction of this legislature, that he hath pursued and apprehended
the body of the said James Pittman, and delivered him up to the sheriff of Hancock
county :

Sect., 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of

Elisha Wright the same, That the said Elisha Wright shall be fully and clearly exonerated and dis-
exonerated , . . i • i • t-v i

from a forfeit- charged from the payment of the said recognisance entered into by him the said Elisha

sance. Wright and James Pittman, any law to the contrary notwithstanding.

BENJAMIN WTHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

PRIVATE ACTS. 1816. 7^5

AN ACT (No, 438.)

To alter and change the names of certain persons therein named.

BE it enacted by the General Assembly of the state of Georgia, and it is hereby enacted
by the authority of the same, That from and after the passing of this act John Smith The names ot
shall be known and called by the name of John Hudson, Sarah Smith shall be called sons altered,
and known by the name of Sarah Hudson, James Smith shall be called and known by
the name of James Hudson, Sherod Smith shall be called and known by the name of
Sherod Hudson, Mary Smith shall be called and known by the name of Mary Hudson,
and James Hawthorn shall be called and known by the name of James Dukes.

BENJAMIN WHITAKER,

A Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 439.)

To pardon Benjamin Paden.

■ >

WHEREAS, at a Superior Court held in and for the county of Camden, for Octo- Preamble,
ber term, in the year of our Lord eighteen hundred and seventeen, a certain Benjamin
Paden, of the county aforesaid, was convicted of the crime of murder, and was sen-
tenced by the court to be executed on Friday, the 28th of the present month ; but on the
petition of sundry persons, principally inhabitants of Camden county, to this legislature,
added to the oppressive circumstances of the case, the committee appointed reported
the following bill :

4 Y 2

716 PRIVATE ACTS. 1817.

(No. 439.) shall be, and he is hereby declared to be fully and entirely pardoned, exonerated and
discharged from the pains and penalties of his said conviction, as though he never had
committed the offence.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate*
Assented to, 18th November, 1817.

WILLIAM RABUN, Governor.

(No. 440.) AN ACT

For the benefit and relief of Josiah Stewart.

Josiah stew- BE it enacted by the Senate and House of Representatives of the state of Georgia,

art relieved . 7 _

from the pay- in General Assembly met, and it is hereby enacted by the authority of the same, That

judgment en- tne justices of the Inferior Court of Jackson county be, and they are hereby author-
tered against jze(j? jf tnev see proper, to release Josiah Stewart from the payment of the judgment

ty for the ap- entered against him in the Superior Court of Jackson county, as security for the ap-
pearance of _
John Langley. pearance of one John Langley, upon the payment ot all costs.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 27th November, 1817.

WILLIAM RABUN, Governor.

PRIVATE ACTS. 1817. 7 tf

AN ACT (No. 441.)

Giving time to the securities of W Mam Scott, tax collector for the county of
Camden, to pay money due by them to the state.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and it is hereby enacted by the authority of the same, That so Indulgence

irivGn to the
much money as is now due by the securities of William Scott, tax collector of Camden securities of

county for the years eighteen hundred and thirteen and eighteen hundred and four- ta^ collector
teen, be, and they are hereby allowed until the first Monday in January, eighteen hun- of Camden
dred and nineteen, to pay the same into the treasury of this state, they paying legal in-
terest to the state.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 10th December, 1817.

WILLIAM RABUN, Governor.

AN ACT (No. 442.)

To quiet the claim of Christian David Lebey to the estate of which John Ander-
son died seised or possessed.

WHEREAS, John Anderson, late of the city of Savannah, baker, died intestate, pos- Preamble,
sessed of certain property in said city, and leaving no issue of his marriage with Mary
Judith Lebey, mother of Christian David Lebey, and former relict of Andrew Lebey
late of Savannah, deceased : And whereas, the said Christian David Lebey hath made
it satisfactorily to appear, by indisputable vouchers, that said property originally came
from his said father, the late Andrew Lebey, on whose estate the late Mary J. Lebey
administered; and that the same was increased by the laborious exertions and frugality
of his said deceased mother ; and that it was the intention of the said John Anderson
to have made a competent provision for the support of Christian D. Lebey and his fa-
mily ; and there is every reason to believe that his sudden death prevented the fulfil-

718

PRIVATE ACTS. 1817.

(No. 442.) ment of his said intention : And whereas, the said John Anderson died a citizen of
the United States, and that the whole estate of the said Anderson Lebey fell into his
hands, no part of which the said Christian D. Lebey had ever received :

The claim of
the state to
certain pro-
perty subject
to escheat, re-
linquished to
Christian D.
Lebey.

BE it enacted by the Senate and House of Representatives of the state of Georgia
in General Assembly met, and it is hereby enacted by the authority of the same, That
from and immediately after the passing of this act, all the estate and property, both
real and personal, of which said John Anderson died seised or possessed, is hereby
vested, so far as the state is or may hereafter become interested, in the said Christian
D. Lebey, for and during the term of his natural life ; and after his death, to his chil-
dren now lawfully begotten, and that hereafter maybe begotten by said Christian D.
Lebey ; subject, however, to the just debts of the said John Anderson and the said
Andrew Lebey, and of the expenses incurred with the prosecution of the claim, stated
in the petition of the said Christian D. Lebey.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor.

Assented to, 11th December, 1817.

(No. 443.)

AN ACT

For the relief of Benjamin Starrett.

Preamble. WHEREAS, Benjamin Starrett, at the Superior Court of Franklin county, April

term, 1817, entered himself as security for the appearance of Farley Thompson, against
whom the grand jury of said county had found a true bill for an assault : And whereas,
the said Farley Thompson failed to appear, in consequence of which the recognisance
of said Benjamin Starrett, as security as aforesaid, for the sum of three hundred dol-
lars :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

said Starrett That the said Benjamin Starrett, immediately after the passing of this act, is hereby

cxoncr&tcd

from a forfeit- discharged from the payment of the judgment and execution aforesaid, on the payment

PRIVATE ACTS. 1817. 719

of costs of suit ; and on the payment of the costs aforesaid, it shall be the duty of the (No. 443.)
sheriff of Franklin county to enter satisfaction in full on said execution. ed recoSPM-

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1817.

WILLIAM RABUN, Governor.

AN ACT (No. 444.$

For the relief of Edward Pate.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, and it is hereby enacted by the authority of the same, That from One half of a

... r , . r ' l • i 'it-1 ir» 1111 «ii 1°* °f land in

and immediately alter the passing of this act, the said Edward Pate shall be entitled to Morgan coun-

the one half of a lot of land, situate, lying and being in the (now) county of Morgan, by ^hT state
formerly Baldwin county, in the fourth district, lot number three hundred and eighteen, vestedm Ed"
which has been recovered and reverted to this, state, under and by virtue of an infor-
mation or scire facias, in the name of Thomas Davis, in the Superior Court of Morgan
county, against said Edward Pate.

Sect. 2. And be it further enacted, That the said Edward Pate, his heirs or assigns, Tne vlght of

• • r tne state re*

shall be entitled to all right, title or interest in and to the one half of said lot of land, linquished to

which the state of Georgia acquired by virtue of the information or scire facias, in the

name of the said Thomas Davis, in the same manner as if said proceeding had not taken

place, or any recovery thereon had, any law to the contrary notwithstanding.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 18th December, 1817.

WILLIAM RABUN, Governor,

720

PRIVATE ACTS. 1817.

(No. 445.)

AN ACT

To vest in Jane Hillis and her heirs certain property therein mentioned.

Preamble.

WHEREAS, it has been represented to the legislature, that Andrew Graves, a na-
tive of Ireland, did depart this life intestate, and without heirs in America : And
whereas, it appears to have been the intention of said Andrew to bequeath what pro-
perty he possessed to Jane Hillis, of Burke county, and her heirs, but was prevented,
by the severity of disease and sudden death, from so doing :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Certain pro- That the property which did belong to the said Andrew Graves at the time of his death,
perty of An- r r j o

drew Graves, be, and the same is hereby vested in Jane Hillis and her heirs : Provided, that nothing in

Q6C63LSGQ

vested in Jane this act shall be so construed as to prevent the recovery of any just demand which may
1 .' ' be brought against the estate of said Graves : And provided also, that nothing herein
Proviso. enacted shall be construed so as to bar the right of any lawful heir, if such should here-

after claim said estate.

Assented to, 18th December , 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor. -

(No. 446.)

AN ACT

To alter the names of certain persons therein mentioned.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, and it is hereby enacted by the authority of the same, That from

The names of and immediately after the passing of this act, Thomas Laurens Appling Coulter, shall

so^iltered. be called and known by the name of Thomas Laurens Appling Mills ; John Richardson

shall be called and known by the name of John Hamilton Richardson ; Ira Wester

shall be called and known by the name of Ira Neal ; Robert William, Johnson, Joseph*

PRIVATE ACTS. 1817. 721

Lovely, Jackson and Polly Cordery, shall be called and known by the names of Ro- (No. 446.)
bert, William, Johnson, Joseph, Lovely, Jackson and Polly Rogers : Greene B. Hern
shall be called and known by the name of Greene B. Neill : Jabez Curry shall be called
and known by the name of Jabez Jemison ; and James Felts shall be called and known
by the name of James Mason.

BENJAMIN WILLIAMS,
Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1817.

WILLIAM RABUN, Governor.

AN ACT (No. 447.)

To change the names of Samuel Paine, Jane Paine, Willis Paine and Thompson
Paine, to that of Samuel Wood, Jane Wood, Willis Wood and Thompson
Wood, and to adopt the same as the children of Mattheiv Wood ; and for the
relief of EXlender Salter, Hampton Wade and Solomon Wade.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state cj

Georgia, in General Assembly met, That from and immediately after the passing of this Certain chil-
dren of Mat-
act, Samuel Paine, Jane Pame, Willis Paine and Thompson Paine, minors, reputed thew Wood

children of Matthew Wood, be adopted as the legal children of said Matthew Wood, °x

capable of inheriting any property which the said Matthew Wood may die possessed of,

in the same manner as though the said Samuel, Jane, Willis and Thompson had been

born in lawful wedlock.

Sect. 2. And be it further enacted, That they, and each of the said minors, shall Their names

ultcrcd
hereafter be known by the names of Samuel Wood, Jane Wood, Willis Wood and

Thompson Wood.

Sect. 3. And be it further enacted, That Ellender Salter, of the county of Emanuel, a EllenderSal-
minor, be hereafter called and known by the name of Ellender Douglass. changed.

Sect. 4. And be it further enacted by the authority aforesaid, That from and after Certain per-

the passage of this act, Hampton Wade and Solomon Wade, sons of John W. Wade, of wedlock,

a <j legitimated.

722

PRIVATE ACTS. 1817, 1818.

(No. 447.) born of the body of Jerusha Taylor, previous to the intermarriage of the said John W.
Wade and Jerusha Taylor, shall be entitled to all the rights and privileges which they
could have enjoyed had they been born in lawful wedlock.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

(No. 448.)

AN ACT

Preamble

Pardon,

To pardon Rebecca Wootten, alias Rebecca Eaton.

WHEREAS, at a Superior Court held in and for the county of Jackson, at Septem-
ber term, in the year of our Lord eighteen hundred and eighteen, a certain Rebecca
Wootten, alias Rebecca Eaton, was convicted of the crime of murder, and received sen-
tence of death, to be executed on the 30th day of October, in the year eighteen hundred
and eighteen, but on the petition of sundry persons, inhabitants of said county, and
others, to his excellency the Governor, praying a respite for the said Rebecca, which
Avas granted until the twentieth day of November, instant :

BE it enacted by the Senate and House of Representatives of the state ^of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
from and immediately after the passing of this act, the said Rebecca Wootten, alias
Rebecca Eaton, be, and she is hereby declared to be fully and entirely pardoned, exon-
erated and discharged from the pains and penalties of her said conviction.

Assented to, 9th November, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

PRIVATE ACTS. 1818. 793

AN ACT (No- 449-)

To pardon Thomas Bassett.

WHEREAS, at a Superior Court held in and for the county of McIntosh, for April Preamble.
term, in the year eighteen hundred and eighteen, a certain Thomas Bassett was con-
victed of the crime of murder, and received sentence of death, to be executed on the
first day of May, in the said year eighteen hundred and eighteen, but on the petition of
sundry persons, inhabitants of said county, and others, to his excellency the Governor,
praying a respite for the said Thomas Bassett, which was granted until the twenty-fifth
of November next :

BE it enacted by the Senate and House of .Representatives of the state of Georgia, in
General Asembly met, and by the authority of the same, That from and immediately after Pardon,
the passing of this act, the said Thomas Bassett be, and is hereby declared to be fully
and entirely pardoned and exonerated, and discharged from the pains and penalties of
the said conviction.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives \

MATTHEW TALBOT,

President of the Senate.
Assented to, 13th November, 1818.

WILLIAM RABUN, Governor.

4Z 2

/ Y.

PRIVATE ACTS. 1818.

(No. 450.) AN ACT

To alter and change the name of Betsey Duke to that of Betsey Duhart.

BE it enacted by the Senate and. House of Representatives of the state of Georgia, in
Name altered. General Assembly met, and it is hereby enacted by the authority of the same, That from
and immediately after the passing of this act, Betsey Duke, an illegitimate child of
Sally Duke, shall be called and known by the name of Betsey Duhart.

BENJAMIN WILLIAMS,
Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate,
Assented to, 17th December, 1818.

WILLIAM RABUN, Governor

(No. 451.) AN ACT

For the relief of Alexander Gordon.

"Preamble. WHEREAS, Alexander Gordon has petitioned this legislature, praying that the state

would convey to him her interest in and to one lot of land lying in the twenty-third
district old Baldwin, (now Jasper county,) which was drawn by him in the last lottery,
and which was recovered of him by information as a fraudulent drawer : And whereas,
it further appears, from the petition of said Alexander Gordon, that he has resided in
the state of Georgia from the time he was eleven or twelve years of age to the present

period, and was deprived of said tract of land by not having taken the oath of citizen-

...
ship in time, and his ignorance of the alteration of the law changing the time of holding

the Superior Court in said county of Jasper ; and the state having previously disposed

of her interest in and to the said tract of land, and therefore cannot convey her title to

said Gordon :

BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the said Alexander Gordon be, and he is hereby excepted from the general provi-

PRIVATE ACTS. 1818. 725

sions of an act disposing of the lands lately acquired from the Creek and Cherokee (No. 451.)

Indians, in regard to the oath prescribed to be taken by all persons who may give in Go^">^js.

their names for a draw, and said Alexander be permitted to give in without swearing abilities to

that he has not been a fortunate drawer in either of the land lotteries heretofore passed, draw in the

and that he be placed in the same situation as if he had not been heretofore a fortunate removed,
drawer, any law to the contrary notwithstanding.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 452.)

To authorize John S. Glascock, Thomas E. Burnside, George McDuffee and
William D. Martin to plead and practice in the several courts of law and
equity within the state.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, and by the authority of the same, That from and immediately Said persons

after the passing of this act, the said John S. Glascock, Thomas E. Burnside, George practice6^0

McDuffee, " and William D. Martin, of the state of South Carolina, be, and they are *£■ st.ate f

1 J attornies, &c.

hereby permitted and allowed to practice in the several courts of law and equity within
this state, as attornies, solicitors and proctors, any law, usage or custom to the con-
trary notwithstanding, on their producing the usual certificates, and undergoing the
examination required by law.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.-

WILLIAM RABUN, Governor.

726 PRIVATE ACTS. 1818.

(No. 45S.) AN ACT

For the relief of Anderson Hicks and Jeter Hicks, of Elbert county,

Preamble, WHEREAS, the said Anderson Hicks and Jeter Hicks, of said county of Elbert,

did some months ago introduce into this state five negro slaves, the property of said
Anderson and Jeter, and have made an entry of them in the office of the clerk of the
Superior Court of said county of Elbert, agreeable to the law passed on said subject,
passed the 20th December, eighteen hundred and seven ; And whereas, the said Ander-
son and Jeter Hicks, have by petition stated, that they are not the owners of any real
estate, and have petitioned for relief from the provisions of said act, and have prayed
that they may be permitted to hire out said slaves :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

Anderson and same, That the said Anderson and Jeter Hicks be, and they are hereby authorized to

permitted to n^re out f°r tneir own use s^id slaves, for any period of time not exceeding one year ;

hire certain an(j tnat tney be, and are hereby exonerated from the penalties of said law, so far as
negroes, not- J 7 J r ■

withstanding regards the hiring of said negroes for the period aforesaid, vany law now in force to the
a prohibitory

act of 1817. contrary notwithstanding.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

PRIVATE ACTS. 1818. 727

AN ACT (No. 454,)

For the relief of Francis Williamson.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met. and it is hereby enacted, That the justices of the Inferior Court Tne Inferior
J '■ • . * r . J ... Court of Wil-

of the county of Wilkinson shall be, and they are hereby authorized, (if they think kinson, autho-

TlZcd tlO VC"

proper so to do,) to release the above named Francis Williamson from the penalties iieve Francis
which he has incurred in consequence of his failing to deliver Darson O. Bannon, from certain
agreeable to his recognisance, at April term, in the year 1812, on his paying costs. penalties.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives , ,

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 455.;

To transfer unto Harriet L. Wardrobe, [widow of the late colonel William Ward-
robe, a deceased alien,) and her heirs and assigns, all the right and title of the
state to a certain tract of land on the island of St. Simons, in the county of
Glynn.

BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and immediately after the passing of this Certain pro^
act, that all the right, title or interest of the state of Georgia, to a certain tract of land, in Harriet L
containing seven hundred acres, on the island of St, Simons, in the county of Glynn, ar ro e
said to be sold by Thomas Young, Esquire, of Savannah, to one colonel Wardrobe, an
alien, since deceased, be, and the same is hereby transferred and vested in Harriet L.
Wardrobe, (widow of the said colonel William Wardrobe,) her heirs and assigns for
ever,

728

PRIVATE ACTS. 1818, 1819.

(No. 455.) Sect. 2. Be it farther enacted, That all laws or parts of laws repugnant to or mili-
tating against this be, and the same are hereby repealed.

Repealing
clause.

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

(No. 456.)

AN ACT

To legitimatize Bramleigh Bedgood, and to change her name to that of Martha

Bramleigh Wynne.

Bramleigh
Bedgood le-
gitimated.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is hereby enacted by the authority of the same, That
Bramleigh Bedgood, an illegitimate child of Mary Bedgood and R. W. W. Wynne, be,
and she is hereby made and declared legitimate, so far as to entitle her to all the rights
and privileges which she would have had, had she been born in lawful wedlock, and
that she be put upon the same footing, in every respect, as any other child or children
which the said R. W. W. Wynne may now, or at any future time have.

Her name
changed.

Sect. 2. And be it further enacted, That the name of Bramleigh Bedgood be, and
the same is hereby declared to be changed to that of Martha Bramleigh Wynne.

Assented to, 23d November, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

PRIVATE ACTS. 1819. 729

AN ACT (No. 457.)

For the relief of Catharine McMurphy, formerly Catharine Bransford, and
daughter of James Bransford, of Clark county.

Sect. -1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, it shall be the duty of his ex- Catharine

J 10 7 j McMurphy

cellericy the Governor, to cause to be entered on the list of persons entitled to draws entitled to a
returned by Ransom Nichols and George Y. Farrar, Esquires, in major Newton's bat- iand lottery.
talion, and county of Clark, the name of Catharine McMurphy, who shall be as justly
and legally entitled to any land she may draw in the contemplated land lottery, as if
her name had been entered in the usual manner, any law to the contrary notwithstand-
ing.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 29th November, 1819.

JOHN CLARK, Governor.

AN ACT (No. 458.)

For the relief of JVilliam G. Springer:

WHEREAS, it appears by the presentments of the grand jury of the county of Han- Preamble.
cock, at August term, 1819, that the receiver of tax returns made a mistake, in setting
down the amount of change bills returned by William G. Springer, as taxable for the
year eighteen hundred and eighteen, whereby he stands charged with the tax on eleven
hundred dollars, instead of one hundred and twenty dollars, the sum actually returned ;
wherefore,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of $24 50 cts.-,

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, J^to Itld^"

That the treasurer be, and he is hereby authorized and required to remit to William G. Springer, who

was so much

5 A

730 - PRIVATE ACTS. 1819.

(No. 458.) Springer the sum of twenty-four dollars and fifty cents, that being the amount of state
by the tax6 tax overcnarged by the receiver of tax returns.

receiver.

The Inferior Sect. 2. And be it further enacted by the authority aforesaid. That the Inferior Court

Court of Han- _ .

cock county of the county of Hancock be, and they are hereby authorized and required to remit to

-refund to him William G. Springer the sum of fourteen dollars and seventy cents, it being the amount

gi4 70cts. his 0f county tax overcharged by the receiver of tax returns.

county tax •',."... ° • J
being so much

overcharged,

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 9th December, 1819.

JOHN CLARK, Governor.

(No. 459.) AN ACT

For the relief of John Ruis.

Preamble, WHEREAS, it appears from the petition of the said John Ruis, and others of the

inhabitants of the county of Emanuel, that the said John Ruis unfortunately became
security for the appearance of one Henry Turner, before the Superior Court of the
county of Emanuel, for which he gave his bond to the amount of one thousand dollars j
and notwithstanding the said Henry Turner and his prosecutor came to an understand-
ing, and neither of- the parties attended court, and the warrant was returned to the at-
torney-general, therefore judgment was entered against the said John Ruis for the
amount of his bond :

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and it is hereby enacted by the authority of the same, That

John Ruis ex- the said John Ruis is hereby fully and completely exonerated and discharged from said

a forfeited re- judgment on his bond, on payment of all costs incurred by the courts giving said judg-

cogmsance. ment, any law to the contrary notwithstanding.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 9th December, 1819.

JOHN CLARK, Governor.

PRIVATE ACTS. 1819. 73 j

AN ACT (No. 460.)

To pardon Johnathan Evers, of the county of Effingham.

WHEREAS, at a Superior Court holden in and for the county of Effingham, at April Preamble,
term last past, Johnathan Evers, of said county, was found guilty of the murder of one
James Jones, and received sentence of death, to be executed on Friday, the twenty-
eighth day of May thereafter : And whereas, a number of respectable inhabitants of
said county have petitioned the General Assembly to pardon the said Johnathan Evers :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, the said Johnathan Evers be, Pavdon,
and he is hereby declared to be freely, fully and entirely pardoned, exonerated and dis-
charged from the pains and penalties of his said conviction and sentence, as fully, freely
and entirely as if such conviction and sentence had never taken place, or the offence
been committed. Provided nevertheless, that the said Johnathan Evers shall not be dis-
charged until he shall have paid all costs that may have accrued relative to his convic-
tion and confinement.

DAVID ADAMS,

Speaker of the House oj Representatives .

MATTHEW TALBOT,

President of the Senate.
Assented to, 13th December, 1819.

JOHN CLARK, Governor.

AN ACT
To vest in Jlugustine Lewis a legacy left him by his deceased father.

(No. 461.)

WHEREAS, John Lewis, by his last will and testament, did convey to William Preamble.
Lewis, for the maintenance of Augustine Lewis, a certain portion of property, the said
Augustine being at that time in a state of separation from his family : And whereas,

5 A 2

732 PRIVATE ACTS. 1819.

(No. 461.) the said Augustine has again become reunited with his family, and is desirous to re-
ceive his legacy, and William Lewis the trustee consenting thereto :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Vesting- That from and after the passing of this act the said legacy, in and by the will aforesaid

conveyed to William Lewis in trust, or for the maintenance of the said Augustine
Lewis, be, and the same is hereby vested in the said Augustine Lewis^ his heirs and
legal representatives.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Assented to, 13th December, 1819.

JOHN CLARK, Governor.

(No. 462.) AN ACT

To alter and change the names of certain persons therein named.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same9
The names of That the name of James Harp McCullens, of the county of Laurens, be, and the same
sons altered, is hereby altered and changed to that of James Harp.

Sect. 2. Be it further enacted by the authority aforesaid, That the name of Andrew
Jackson Culpepper, of the county aforesaid, the reputed child of Ransom E. Deen, be,
and the same is hereby altered to that of Andrew Jackson Deen.

Sect. 4. And be it further enacted by the authority aforesaid, That the name of
Nancy Robson, of Wayne county, be changed from that of Nancy Robson to that of
Nancy Dredding.

PRIVATE ACTS. 1819. 733

■ ■ ■ ' =•

» Sect. 4. And be it further enacted by the authority aforesaid, That the name of Jesse (No. 462.)
Bird, of Wayne county, be changed to that of Jesse Davis.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 14th December, 1819.

JOHN CLARK, Governor.

AN ACT (No. 463.)

To pardon John Slasser, of the county of Effingham.

WHEREAS, at a Superior Court holden in and for the county Effingham, at No- Preamble,
vember term, 1818, John Slasser, of said county, was found guilty of the murder of his
wife, Mrs. Slasser, and received sentence of death, to be executed on Friday the 8th
day of January, 1819 ; and upon the petition of a number of the respectable inhabitants
of said county, the General Assembly, at their session in eighteen hundred and eighteen,
deferred the execution of said Slasser, until their next session :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
qf Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, the said John Slasser be, and Pardon,
he is hereby declared to be freely, fully- and entirely pardoned, exonerated and dis-
charged from the pains and penalties of his said conviction and sentence, as fully, freely
and entirely as if such conviction and sentence had never taken place, or the offence
been committed : Provided nevertheless, that the said John Slasser shall not be dis-
charged until he shall have paid all costs that may have accrued relative to his convic-
tion and confinement.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 16th December, 1819,

JOHN CLARK, Governor,

734

PRIVATE ACTS. 1819.

(No. 464.)

AN ACT

For the relief of Betsey Stewart, of Jasper county, (captain Abner Bartlet's dis-
trict,) and Lydia Williamson, of the county oj Emanuel.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Betsey Stew- That from and immediately after the passing of this act, the said Betsey Stewart shall

art entitled to .

a draw in the be entitled to two draws in the land lottery, and that the executive of this state shall
cause her name so to be enrolled upon the book of names returned to that office from
the district aforesaid.

land lottery.

The land
which she
may draw,
how disposed
of.

Sect. 2. And be it further enacted, That any land which may be drawn by the said
Betsey Stewart be, and the same is hereby secured to the said Betsey and her two
daughters, Louisa and Mary, to be sold or otherwise disposed of by the said Betsey
Stewart, for the benefit of herself and her daughters aforesaid, free from any control
that the husband of the said Betsey Stewart may at any time attempt to exercise in re-
gard thereto •

Lydia Wil- Sect. 3. And be it further enacted, That the executive of this state shall cause the

tleduTtwo1 name of Lydia Williamson, of the county of Emanuel, to be enrolled upon the book of
draws. names returned to the executive office from the county of Emanuel, for two draws m

said land lottery.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 18th December, 1819.

JOHN CLARK, Governor,

PRIVATE ACTS. 1819. 735

AN ACT (No- 4650

For the relief of William Williams.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
General Assembly met, and it is hereby enacted by the authority of the same, That

e justices of the Inferior court of the county of Jones shall be, and they are hereby
authorized, if they think proper so to do, to release the above named William Wil- J^^f]™^"
liams from the penalties which he
Melchi Wadsworth, agreeable to 1
and nineteen, on his paying costs.

in General Assembly met, and it is hereby enacted by the authority of the same, That The Inferior

the justices of the Inferior court of the county of Jones shall be, and they are hereby jones county

authorized, if they think proper so to do, to release the above named William Wil- J^^f]™^"

liams from the penalties which he has incurred, in consequence of his failing to deliver Williams from

r • a recogm-

Melchi Wadsworth, agreeable to his recognisance at August term, eighteen hundred sance.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 21st December, 1819.

JOHN CLARK, Governor.

AN ACT (No. 466.

For the relief of Benjamin Cole and Emm Webb.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and after the passage of this act, the justices of the Inferior Court of Wil- Benjamin

kinson county shall be, and they are hereby authorized to release the said Benjamin Exunfwebb

Cole and Exum Webb from the penalties incurred in consequence of their failing- to exonerated

1 a o from the pe-

produce the body of Ezekiel Cole before the honourable the Superior Court of Wilkin- nalties of a
son county, agreeable to the terms of their recognisance, entered into at October term,

certain recog-
nisance.

736

PRIVATE ACTS. 1819.

(No. 466.) eighteen hundred and eighteen, on their paying all costs which shall have accrued on
the same.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 21st December, 1819.

JOHN CLARK, Governor.

(No. 46f.)

AN ACT

To alter and change the name of Seney Crumbley to that of Seney Mitchell, and
to make her the legal heir of Isaac Mitchell.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

The name of That from and immediately after the passing of this act, the name of Seney Crumbley,

lb]6"6 h "^"d tne rePuted illegitimate daughter of Isaac Mitchell, of Wilkinson county, shall be, and

the same is hereby altered and changed to that of Seney Mitchell, by which name she

shall hereafter be known and called.

Said person
legitimated.

Sect. 2. And be it further enacted by the authority aforesaid, That the said Seney
Mitchell shall be, and she is hereby put upon an equal footing in law with the other
children of the said Isaac Mitchell, and entitled to the same advantages and privileges
in law, as if she were to all intents and purposes the lawfully begotten child of the said
Isaac Mitchell, any law, usage or custom to the contrary notwithstanding.

Assented to, 21st December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

AN ACT

1811.*

(No7<"468.)

To point out the mode for 'the collection of Rents.,

tBE it enacted by the Senate and. House of Representatives of the state of
Georgia, hi'General, Assembly met, That from and after the passage of this act, .it shall
and may be "Jawful. for any person who. may hereafter have rent due, where the same
does not exceed thirty dollars, to make application to any justice of the peace within
the district where his, her or their tenant may reside, and obtain from such justice a
•distress warrant for the sum claimed to be due, on oath in writing, for the said rent, and
the same may be levied, by any constable duly qualified, on any property belonging to
. the 'said tenant, and shall advertise and sell the same, under the same rules and regula-
' tion*» as , other sales under execution ; and where any distress shall issue for a sum ex-
ceeding thirty 'dollars,, it shall be levied by the sheriff of said county, advertised and
. sold., as in cases of other executions : -Provided nevertheless, that the party distrained
shall be entitled to replevy the goods so distrained, by making oath that the sum, or
some part thereof distrained for, is not due, and give security for the eventual condem-
nation, money ; and in that case it shall be the duty of such officer to return the same to
the court having cognisance" of the same, and the same shall be determined by a jury, as
practised in other cases of claims.

Distress war-
rants for rent,
where the
sum dile does
not exceed
§30, regulat-
ed.

When the dis-
tringas is for
more than
$30, it shall
be levied, &c.
by the sheriff.

Proviso.
Goods dis-
trained, how
replevied.

«fc Sect. 2. And be it fiirther enacted, That where property may be distrained and Claims, how
claimed by a third person, the same shall be claimed on oath, and shall be returned, &Ct '
tried and determined, in like manner and under the same rules and regulations as are
by law pointed out for the trial of the right of property.

....

738

RENTS. 1811.

(No. 468.) Sect. 3. And be it further enacted, That in no case a preference shall be given to
persons distraining foij rent, where there* are any judgments against the person or pro-
perty so distrained.

No distringas
shall have a
preference to
previous
judgments.

When a ten-
ant holds pos-
session after
the end of his
lease, double
rent recovera-
ble, &c.

Sect. 4. And be it further enqcted, That where any tenant shall refuse to give pos-
session of the premises at the end of his lease, it shall be lawful for the person leasing
the same to demand of sucfa tenant, monthly, double the sum that the same was leased
for, and may recover the same, at the expiration of every month, or in the same pronpr-
tion for a longer or shorter time, by distress, in manner pointe'd out as aforesaid.*'

The lessor
may retake
possession of
rented pre-
mise's when
the tenant
fails to pay the
rent when it
becomes due.
Interest on
contracts for
rent autho-
rized.
Actions for
rent arrear
triable at the
first term.

Sect. 5. And be it further enacted by the authority aforesaid, That if any person
leasing or renting land/house or houses, shall fail to pay the rent at- the time the- same
shall become due, it shall and may be lawful for the lessor immediately thereafter to
enter and retake possession of the premises so by him leased or rented.

Sect. 6. And be it further enacted by the authority aforesaid, That all contracts for
rents, whether verbal or in writing, shall bear interest from the time the salne shall be-
come due, any law, usage or custom to the contrary notwithstanding ; and all actions,
commenced in any of the courts of this state for the recovery of rent in arrear, shall be
tried at the term to which the same shall be returnable, unless good cause shall be
shown for the continuance thereof ; nor shall any such action be continued more than
one term at the instance of either party, any law to the contrary notwithstanding. '

ROBERT IVERSON,

Speaker of -the House of Representatives*

MATTHEW TALBOT,

Executive Department, Georgia.

Assented to, 16th December, 1811.

President of the Senate ,

D. B. MITCHELL, Governor.

-* - *
» *

RENTS.

181

739

AN ACT

(No. 469.)

To point out the mode for. the collection of Rents and the recovery of possession of
property within the city of Savannah, and the precincts thereof

Sect. 1. BE it, enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and after the passage of this act, it shall
and may be lawful for any person, who may hereafter have rent due by any person or
p'ersons within the city of Savannah, or the precincts thereof, where the sum does not
exceed thirty dollars, to make application to any justice of the peace within the said city
of Savannah or its precincts, and obtain from the said justice a distress warrant for the
sum claimed to be due, on oath in writing-, for the said rent, and the same may be
levied, by any constable duly qualified, on any property belonging to the said tenant or
tenants i " und the said constable shall advertise and sell the same, under the same rules
and regulations as other sales under execution ; and if the rent due shall exceed thirty
dollars, it shall and may be lawful for the judge of the Superior Court, or any one of the
justices of the Inferior Court of Chatham county, to issue a warrant authorizing the
sheriff or any lawful constable of the said city, or the precincts thereof, to distrain on
any property belonging to the said tenant 'or tenants, and advertise and sell the same,
as- in cases of execution issuing under and by virtue of the judiciary act : Provided
nevertheless, that the said tenant or tenants shall be entitled to replevy the goods so
distrained, by making oath that the same, or some part thereof distrained for, is not
due, and give security for the eventual condemnation money ; and in that case it shall
be the duty of such officer, to return the same to the court having cognisance of the
same, and the same shall be determined by a jury, as practised in other cases of claims.

• Sect. 2. And be it further enacted, That where any property may be distrained
and claimed by a third person, the same shall be claimed on oath, and shall be returned
and determined in like manner, and under the same rules and regulations as are by law
pointed out for the trial of the right of property.

Distress war-
rants for rent
in the city of
Savannah,
when the sum
due does not
exceed
regulated.

Proceedings
where the
rent due ex-
ceeds jg30.

Goods dis-
trained, how
replevied.

Claims to dis-
trained pro-
perty regu-
lated.

Sect. 3. And be fr further enacted, That in no case a preference shall be given to Property dis-
rsons distraining
perty so distrained.

persons distraining for rent, where there are any judgments against the person or pro

ject to pre-
vious judg-
ments.

Sect. 4. And be .it further enacted by the authority aforesaid, That if any person Writs of pos-
or persons leasing or renting any lot or lots, tenement or tenements, within the city of rtenanUaUs"

S3 2

740

RENTS. .181

(No. 469.)

to pay rent at
the time it be-
comes due,
and holds
over after the
expiration of
his lease, how
and by whom
issued and ex-
ecuted.

Savannah, or the precincts thereof, shall fail to pay the rent at the time the same shall
become due, and shall refuse to deliver possession to the lessor, at the expiration of his
lease, it shall and may. be lawful for the judge of the Superior Court, or any one of the
justices of the Inferior Court of the county of Chatham, to issue a writ of possession,
directed to the sheriff or any lawful constable of the city of Savannah, or the precincts
thereof, commanding the said sheriff or constable to deliver possession of the said lot
or lots, tenement or tenements, to the said lessor, which shall be by the said sheriff or
constable forthwith executed and returned.

Interest on
contracts for
rent allowed.

Actions for
rent arrear
shall be tried
at the first
term.

Sect. 5. And be it further enacted by th.e authority aforesaid, That all contracts
for rents, whether Verbal or in writing, shall bear interest from the time the same shall
become due, any law, usage or custom to the contrary notwithstanding : and all actions
commenced in any of the courts within the city of Savannah, or the precincts thereof,
for the recovery of rent in arrear, shall be tried at the term to which the same shall be
returnable, unless good cause shall be shown for the continuance thereof; nor shall any
such action be continued more than one term at the instance of either party, any law to
the contrary notwithstanding.

Repealing
clause.

Sect. 6. And be it further enacted, That all laws militating against this act J>e, and
the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 6th December, 1813.

PETER EARLY, Governor.

RENTS. 1814. 741

* AN ACT* . (No. 470.)

To authorize the collection of Rent within the city of Augusta, and the precincts

thereof

Sect. 1. BE.it enacted by the Senate and House of Representatives of tk$ state of
Georgia in General Assembly met, and it is hereby enacted by the authority of the same,

That- from and immediately after the passage of this act, it shall and may be lawful for Distress war-

• i • i r a i • i r i i rants for reivt

any person or- persons within the city of Augusta, or the precincts thereof, where the in Augusta,

sum does not exceed thirty dollars, to apply for and obtain from a justice of the peace a du?doeTwot

distress warrant for the sum claimed to be due, which warrant shall be founded on the excefd $p°»

• - regulated.

oath in writing of the party, his agent or attorney, for the sum claimed to be due : and
it shall and. may be lawful for any constable, duly qualified, to levy the same on any pro-
perty belonging to the tenant or tenants ; and it shall be the duty of the constable levy-
ing said distress warrant to advertise and sell, in the same manner as is pointed out by
the judiciary, for sales under execution : and when the rent claimed to be due exceeds When the

en r\~» fill G PYo

the sum of thirty dollars, it shall and may be lawful for the judge of the Superior, or ceeds §30,
justices of the Inferior Court of Richmond county, to issue a distress warrant, authoriz- h*"v vand by
ing and directing the sheriff, or any lawful constable, to distrain any property belonging w!lom iss«ed
to the tenant or tenants, and advertise and. sell the same as in cases of executions : Pro- Goods dis-
vided nevertheless, That the said tenant or tenants shall be entitled to replevy the goods repiefcvi'ed
and chattels so distrained, by making oath that the amount claimed as rent, or some
part thereof distrained for, is not due, and give security for the eventual condemnation
money ; and in that case it shall be .the duty of such officer to return the same to the
eouj~t having cognisance thereof, and the "same shall be determined by a jury as prac-
tised in other cases ; and the jury, on the trial of all such cases, shall take the following
oath : "You shall well and truly try the case depending between A. B. distrainor, and Oath of the
C. D. distrainee, and a true verdict give according to evidence ; so help you God."

Sect., 2. And be it further enacted by the authority aforesaid, That when any pro- Claimsto pro-
perty may be distrained and claimed by a third person, the same shall be claimed on trained how

oath, and shall be returned and determined in like manner, and under the same rules made, return-
7 ' ed and tried.

and regulations, as are by law pointed out for the trial of the right of property ; and the

jury shall in all such cases take the following oath: " You shall well and truly try the Oath of the

jury.

* See act of 1816, No. 47% amendatory of this act.

742

RENTS. 1814.

(No. 470.) cause depending between A. B. distrainor, and CD. claimant, and a true verdict give
according to evidence ; and you do further swear that you will give to the distrainor
such damages against the claimant as to you shall seem reasonable and just, provided it
shall appear to you that the claim is frivolous, and intended for delay only j so help you
God."

No preference Sect. 3. And be it further enacted .by the authority aforesaid, That in no case a pre-

Sfiven to per- . . ~

sons distrain- ference shall be given to persons distraining for rent, where there are any judgments

Sous^udff^6" agamst tlte person or property so distrained.

ments exist.

Sect. 4. And be it further enacted by the authority aforesaid, That when any tenant
• tenants hokl over his or their lease,
demand, collect and receive double rent.

Double rent

i*p rovf riblc

where a ten- or tenants hokl over his or their lease, it shall and may be lawful for the landlord to

ant holds

over.

Repealing

dause.

Sect. 5. And be it further . enacted by the authority aforesaid, That all laws and
parts of laws militating against this law shall be, and the same are hereby repealed.

Assented to, 23d November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

PETER EARLY, Governor,

RENTS. 1816. 743

AN ACT (No. 471.)

To amend the act of 1814, entitled Jin act to authorise the collection of Rents
tvithin the city of Augusta, and the precincts thereof

Sect. 1. BE it enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, That from and after the passing of this act, it Wn.tsof^s^

shall and may be lawful, in all cases, upon the termination of any lease within the city tenants in the

. . . .• /ii'i ii uii city of Aul?us°

of Augusta and its' precincts, now in existence, (or already expired, and the tenant holds ta an(j jts pre-

over,) or which shall hereafter exist, where the owner of the rented property, or his ™"£ sh^°w
proper agent or representative, shall desire to have possession of the same, to demand ?nd by whom
of the tenant or tenants the possession of the rented property ; and in case of refusal on ecuted.
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 him or herself, or by his or her agent
or representative, to go before the judge of the Superior Court, or any justice of the
Inferior Court, or before the intendant of the city, and make oath that the lease is ex-
pired, and that the tenant refuses, omits or neglects to give possession ; whereupon it
shall be the duty of the person before whom the oath is made to issue or grant a war-
rant or process, directed to the sheriff or city marshal, requiring and commanding the
said sheriff or marshal to deliver to the owner, his or her agent or representative,
peaceable, quiet and full possession of the rented premises, removing the tenant or
tenants, with the goods, furniture and other property found thereon, belonging to such
tenant or tenants, therefrom.

Sect. 2. And be it further enacted, That the same fees shall be allowed the sheriff Fees of the
or marshal for executing the process aforesaid, as is allowed a sheriff for executing a jnt? SUch writ,
writ of possession after a recovery in ejectment, together with the sum of one dollar
for every hundred dollars worth of property, goods or effects, removed from the rented
premises, belonging to the tenant or tenants ; which amount shall be paid to the tenant
or tenants, and be levied on his goods for that purpose.

Sect. 3. And be it further enacted, That where the tenant shall declare on oath What shall be
that his lease, whether written or verbal, is not expired according to agreement, he t^e tenant
shall in that case not be removed from the possession, but the sheriff or marshal shall 'T1'athj°ilease
return the proceedings to the next Superior Court of the county, and the fact be there is not expired,
tried ; and if determined against the tenant or tenants, he or they shall pay four times
as much as the rent reserved, and be moreover liable to be indicted in the Superior
Court for perjury.

744

RENTS. 1816.

(No. 471.) Sect. 4. And be it further enacted, That where any tenant shall make oath, that he

Proceeding's does not hold under the party claiming the possession, or any other claiming under

when a tenant him, but under a different person or persons, then, and in that case, the proceedings

makes oath , • ...

that he does shall be returned to the Superior Court of the county for trial, and if found against the

der the party tenant, he shall pay twofold rent for the time, he may have held over, arrd be turned

session8" pos" out of possession, as herein before pointed out.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

. President of 'the Senate ,
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor. .

£#

*♦

l«fc

[ 745 ]

REPRESENTATION.

AN ACT

To apportion the Representatives among the several counties in this state, accord-
ing to the fourth enumeration, in conformity to the seventh section of the first
Article of the Constitution.

WHEREAS, the seventh section of the first article of the constitution directs, that Preamble,
the House of Representatives shall be composed of members from all the counties, ac-
cording 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 fourth enumeration or census :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That in future the representation of the respective counties shall be appor- App.ortion-
tioned in the following manner, to wit: The county of Baldwin, two; Burke, three; represt-nta-
Bryan, one; Bullock, one; Columbia, three; Camden, two; Clark, three; Chatham, Veral counties
three ; Effingham, one ; Emanuel, one ; Elbert, three ; Greene, three ; Glynn, one ; Han- in the state»
cock, three ; Jackson, three ; Jasper, four ; Jones, four ; Jefferson, two ; Laurens, two ;
Lincoln, two ; Liberty, two ; Morgan, four ; Madison, two ; Montgomery, one ; McIn-

5 C

7 46

REPRESENT ATIO N. 1 8 1 fc

(No. 472.) tosh, two ; Franklin, three ; Oglethorpe, three ; Pulaski, two ; Putnam, four ; Richmond,
three ; Scriven, two ; Twiggs, three ; Wilkinson, two ; Warren, three ; Wilkes, four ;
Washington,, three ; Tatnall, one ; Telfair, one, and Wayne, one.

BENJAMIN WILLIAMS,

\ Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

[ -747- ]

ROADS AND BRIDGES,

AN ACT*

To amend the several acts regulating Roads in this state, so far as respects the

county of Wayne.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That Commission-
from and after the passage of this act, the commissioners of the different roads, in the Wayne coun-
county of Wayne, shall be elected in the following manner: All white persons liable e^j ow e ec "
to perform road duty on the post-road, shall meet at the place of. holding courts in said
county, on the first Monday in January, and elect three commissioners*

Sect. 2. And be it further enacted, That the white persons liable to perform road
duty, on the road leading up the Altamaha river shall, on the second Monday in Janu-
ary, elect three commissioners, at the house at present occupied by Richard Roberts.

Sect. 3. And be it further enacted, That the white persons liable to perform road
duty on the road leading from Buffalo across Sittilla river, to the Indian boundary line,
shall, on" the third Monday in January, elect three commissioners for said road, at the
house formerly Occupied by, Caleb Moore.

Commission-
ers of the road
leading up the
Altamaha,
when and by
whom elect-
ed.

Those of the
road leading
from Buffalo,
&c. to the In-
dian boundary
line, when
and where
elected.

Repealed. See act of 1812, No. 478.
5G2

748

ROADS AND BRIDGES. 1811.

(No. 473.) Sect. 4. And be it further enacted, That the first election of said commissioners
Said elections snan take place in January, eighteen hundred and twelve, and every second year there-
Tated. after ; and said elections shall be held by one or more magistrates, with one or more

freeholders ; and the three persons on each road having the highest number of votes

shall be the commissioners.

Vacancies,
how filled.

Sect. 5. And be it further enacted, That in case of a vacancy, by neglect to elect the
commissioners pointed out by this .act, removal out of the district or otherwise, then
the justices of the Inferior Court shall appoint other person or persons to. fill such va-
cancy.

Defaulters,
how proceed-
ed against;

Sect. 6. And be it further- enacted, That when any person shall be a defaulter on
any of the said roads, it shall be the duty of the commissioners of the road to which he
or they may belong to give twenty days notice, by advertisement in one or more of the
mos.t public places in the county, of the time and place of their meeting, and a majority
of them, on the day pointed out, determine on the excuse of any such delinquent, and
shall within ten days thereafter issue their execution against such person as shall not
have rendered to them a sufficient excuse.

Repealing
clause. "

Sect. 7. And be it further enacted, That all laws and parts of laws militating against
the. provisions of this act be, and the same are hereby repealed.

Executive Department, Georgia.

Assented to, 10th December, 1811,

ROBERT IVERSON,

Speaker of the House of Representatives.

' MATTHEW TALBOT,

President of the Senate,

D. B. MITCHELL, Governor,

ROADS AND BRIDGES. 1811». y4g

• AN ACT (No. 4T4.)

To amend An act to amend the several acts regulating roads in this state, so far
as respects the operation of said acts in the counties of Bryan, Liberty, McIn-
tosh, Glynn, Camden and Wayne, dated 8th December, 1806, so far as re-
spects Camden county.

WHEREAS, means have been resorted to, or pretences have been made to evade the Preamble,
just and equitable intention and construction of the^ late laws, passed for the improve-
ment of the main post-road in Camden county, and. the public interest hath sustained
material injury, by the neglect or refusal of several individuals to allow their slaves t©
perform their due arid regular share or tour of duty, on the main post-road leading from
Fort Barrington to St. Mary's ; for the better regulating and enforcing due obedience
to the said laws :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in Gefieral Assembly met, That immediately after the passing of this act, the Commission-

GPS Oi \\\ (*

justices of the Inferior Court of the county of Camden shall be authorized, and hereby main post-
are required to appoint three commissioners for each district of post-road, who are to ^ °adin Cam-
direct and superintend the labour to be performed on the main post-road leading bow appoint-
through said county, until the same shall be complete, and that the said justices shall Th . ., "
also have poAver and authority to fill all vacancies in the board of commissioners, that Vacancies
may be. occasioned by resignation, death or otherwise, and that the power and autho-
rity of the road commissioners, who have been appointed previous to the passing of this
act, shall henceforth cease and be determined.

how filled.

Sect. 2. ■ And be it further enacted, That the commissioners of the main post-road Said commis-

shall be considered as a board separate and distinct from the commissioners or superin- dered as a

tendants of private or bye-roads, and that they^are authorized to vote on any question j?oard distinct

that hath been or hereafter may be submitted for the consideration and discretion of the tendants of

other roads
said board; and that no commissioner charged as a defaulter shall be allowed to vote in said county,

as a member of the board, at the time of his trial, neither shall he have a vote on anv Votes.of.said

1 ■ J- commission-

question, the result of which may involve his individual interest, either directly or indi- ers regulated*

r.ectly ; and any proceedings of a board of commissioners, that have been had or here-
after may occur, contrary to the principles or true intent and meaning of this section,
shall be and hereby are declared null and void.

750

ROADS AND BRIDGES. 1811.

(No. 474.) Sect. 3. And be it further enacted, That the general meetings of commissioners of
Time and tne mam post-road, in Camden county, shall be at the town of Jefferson, on the first

meeting-. Saturday in May next, and annually thereafter, with liberty to adjourn to such other

Their powers, places and times as the board may direct ; five of whom shall be competent for the trial
of an offence committed by one of their own body, should no greater number attend at
the time appointed, and also to impose and cause to be collected any fine, not exceeding
thirty dollars; and they are hereby vested with full power to make and establish such
rules and regulations for the government of -themselves, and the persons who may be
Proviso. subject to their direction, as a majority of the quorum convened may agree on: Pro-

vided, the rules and regulations shall not be repugnant to this law, and such parts of
Proviso. road laws as are not repealed by this law : And provided, the time of sen ice or labour

required shall not exceed six days at any one time, nor twelve days in any one year s
And provided, a notice of at least five days shall be given to the party vv^hose labour may
be required previously thereto.

May appoint a
clerk.

Sect. 4. And be it further enacted, That the board of commissioners aforesaid shall
be authorized to appoint a secretary or clerk, who shall keep a record of their actings
and doings ; for which service he shall be compensated out of the road fines at the dis-
cretion of the board; which record shall be open to the inspection of the public.

The justices
of the Inferior
Court of said
county may
grant petitions
for bye-roads,
&c.

Fines and for-
feitures, to
whom paid.

Sect. 5. And be it further enacted, That the justices of the Inferior Court of Cam-
den county, or a majority of them, are hereby empowered at their discretion to grant the
prayer of petitioners for private or bye roads ; also to appoint superintendants for the
same at all times when requisite, and that all fines and forfeitures, incurred by neglect
or refusal to perform road duty, or otherwise, wli en collected, shall be paid over to the
person appointed by the general board to receive the same.

White persons Sect. 6. And be it further enacted, That no white person shall be bound to perform
manual labour manual labour, nor any other than militia duty, on the roads, or that of overseeing and
directing slaves or persons of colour.

Further pow- Sect. 7. And be it further enacted, That should a part of the post-road in the se*
rsof" cond district become injured, the commissioners thereof shall be authorized to direct a

missioners

the post-road. suitaDie p0rti0n of labour towards keeping the same in passable repair, at any time pre-
vious to the completion of that part of the road through the swamp opposite to Brown's
landing, any former law to the contrary notwithstanding.

ROADS AND BRIDGES. 1811. 751

Sect. 8. And be if further enacted, That any laws or.. parts of laws which militate (No. 474.)
against this act be, and the same are hereby repealed. clause.'

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President, of 'the Senate.
Executive Department, Georgia.

Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

AN ACT* (No. 475.)

More effectually to open and keep in repair the public Roads, Causeways and

Bridges in this state. [

Sect. IV BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the justices oF the Inferior Courts in and for the several counties in this state, at The justices

1 of tlic Inferior

the first session or term after the passing of this act, or as soon thereafter as conve-* courts requir-

nient, shall proceed to define and point, out as many and such districts as to them shall * }°t omtn0eut

seem meet and proper, having due regard to proportioning said districts or divisions, ™ad districts

so to divide the labour and expense of the roads, causeways and bridge's equally among counties.

the citizens of the- respective districts, throughout the said counties ; and on application The making

to said court for any new road, or any- alteration in an old road, the said justices shall °nd theater-

proceed to appoint three discreet and proper persons, residing in the neighbourhood ations of old

where such road is intended to pass; andin case they find it of public utility, they may ed.

proceed to mark out the same on oath, taken before any justice, and report to the said

court, the clerk of which is hereby required to notify the commissioners hereafter named

of such report; and the justices of said Inferior Courts shall appoint two or more

commissioners, one of which shall be a justice of the peace, who shall be notified of

such their appointment in writing, by the clerk of said court, within thirty days after

such appointment, under the penalty of five dollars for every such default; and if any

* This act amended by act of 1812, No. 47-9; and again amended by act of 1814, No. 483; but see more
particularly act of 1818, No. 499, by which the road laws are altered and amended, and which is at present
the operative law on the subject.

752 ROADS AND BRIDGES. 1811.

(No. 475.) commissioner or commissioners, within ten days after the receipt of such notification,
shall not make his or their resignation to some one of the justices aforesaid, such com-
missioner shall be considered as having accepted said appointment; and the commis-
sioners so appointed shall have full power and proceed to apportion hands for the dis-
tricts aforesaid; and in case of refusal, departure, or decease of any such commissioners,
the Inferior Courts in the counties aforesaid shall have power to fill such vacancy ; and
should any commissioner' or commissioners so appointed refuse to act, after being noti-
fied by the clerk as aforesaid, he shall be liable to the fine of five dollars ; but should any
commissioner so appointed refuse, at any time within one year of said appointment,
(without good cause, to be adjudged of by the said court,) he shall be liable to a fine of
thirty dollars.

Who are liable Sect. 2. And be it' further enacted, That" all male inhabitants, mulattoes and 'free
negroes, and all male slaves, from the age of sixteen to forty-five years, in the counties
aforesaid, shall be, and they are hereby declared to be obliged to appear with an axe,
grubbing or weeding hoe, as directed by the overseer, and work on the several roads,
causeways and bridges, within the several districts to which such male white inhabi-
tants, mulattoes, free negroes and male slaves shall have been allotted pursuant to this
act, or such male white inhabitants, mulattoes, free- negroes and owners, managers or
emploj'ers of such negroes or male slaves, shall be liable to the fines and penalties in
this act defined and expressed.

Commission- Sect. 3. And be it further enacted, That the commissioners appointed under this act,

ers authorized . ' ' . . •'

to appoint or a majority of them, shall, and they have hereby full power and authority to appoint

some person •-,• ■■, • -, -,.' • . -

to summon la- one or more person or persons withm their several districts as overseers, to summon

bourers to aji sucn persons as are obliged to work within the said district, three days before the
work on roads, l ° ' J

&c. time of working, and at such times of the year, and for as many days, as they may think'

proper, (not to exceed four days at any one time, and twelve days in one year,) to repair

Owners, &.c. and work on the roads, causeways and bridges within the same ; and the several owners,

render a list managers or employers of male- slaves, within the several districts, shall, when sum-

of such as are m0ned'as aforesaid, deliver to the person summoning him, her or them, a list of all such

liable to road ' r 9 .

labour. male slaves as are by this act liable to work, in writing, signed by such owner, manager

or employer, under a penalty of ten dollars for a neglect thereof, which list the person
. summoning shall deliver to any one of the commissioners. in the district in which he
was appointed to summon as aforesaid.

Penalty on Sect. 4. And be it further enacted, That every male wrhite inhabitant, free negro or

defaulters.

mulatto, who being duly summoned to work in the respective districts wherein such

male white inhabitants, free negroes- or mulattoes are obliged to wTork by this act, shall

neglect or refuse to obey such summons, he shall, for each day he should so refuse or

ROADS AND BRIDGES. 1811. 753

neglect to appear and work as aforesaid, forfeit a sum not exceeding one dollar, (com- (No. 475.)

missioners aforesaid excepted,) and for every day the owner, manager or employer of

any male slave, liable to work as aforesaid, shall neglect or refuse to send such slaves to

perform such work, he, she or they shall forfeit a sum not exceeding one dollar for each

slave ; and it shall be the duty of the said commissioners to appoint a time and place,

and to notify the same, {Provided always, that such times shall be within ten days after Proviso.

such period of working on the road,) for hearing and determining on such excuses as The hearing

r ; or determin-

may be offered by defaulters; and a majority of the commissioners convened at such ing excuses,

- v • rcsrul&tccl

time, shall have full power to decide as aforesaid; and order executions to issue to any -&

r • '\ -. ... Executions

lawful constable, which execution shall be signed by two commissioners for the district how issued.

in which the defaulter or defaulters may reside.

Sect-. S. .And be it further enacted, That where any road may be a district line, that Where a road
. , ... . ..-...' forms a district

then and in that case the commissioners in such- adjoining districts, shall meet and line, what to

co-operate in apportioning hands and appointing overseers on such roads : Provided

nevertheless, that this law' shall not operate in the counties of Effingham, Chatham, This law not

Bryan, Liberty, Glynn, -McIntosh, Camden, Wayne, Burke, Washington, Warren, Rich- certain coun-

mond and Tatnall. ties-

Sect. 6. And be it further enacted, That all fines and penalties imposed by this act Fines, &c. to
• ii • i • • r • whom paya-

shall be paid, by the persons collecting the same, to the commissioners of said road, to ble, and how

be by them appropriated for the building and keeping in repair of roads and bridges in aPProP :

said district, and effecting such objects as are embraced by this act.

Sect,.- 7. And be it further enacted. That when any person shall hereafter make any Penalty on
fence, or cut any tree, or make other obstructions in or across any public road, unless structing any
removed in two days, such person shall for every such offence pay a fine not exceeding Pub 1C roa •
twenty dollars, to be recovered by warrant under the hand and seal of any justice of the
peace, to be applied as is herein directed ; and it shall be the duty of the overseer of the
district forthwith to cause the said obstructions to be removed.

Sect. 8. And be it further enacted, That when bridges shall be necessary over any When abridge
water-course which divides one county from another, the Inferior Court of each county be built over a
shall join in appointing commissioners for the building of and keeping in repair the f^""-^1
same, and the expense thereof shall be defrayed by both counties, in proportion to the co"nty lrom
amount of the general tax of each, to be estimated by the digest of the general tax taken expense shall

. be defrayed

next before such contract. hy bath coun-

ties, &c.

Sect. 9. And be it further enacted, That whenever any public bridge shall require The repairing
• •- r . . . . • °f bridges pro-

repairing, it shall be the duty of the commissioners, or one of them, to give notice in vided for,

5 D

754 ROADS AND BRIDGES. 1811.

(No. 475.) writing thereof to the undertaker, or one of his securities, stating the repairs necessary
to be made, and requiring the same to be made within a reasonable time, to be set forth
in the said notice ; and if the same shall not be made within such time, such commis-
sioner or commissioners shall employ some other person or persons forthwith to make
such repairs, and shall immediately thereafter issue an execution against such under-
taker and his securities, for the amount given for the said repairs, with costs.

A commission- Sect. 10. And be it farther enacted, That when any commissioner, appointed for let-
undLrtake\o tmS any PUD^C bridge, under and by virtue of this act, shall undertake the building, and

build and keep keepmor m repair the same, or shall become the security for any other person so under-

in repair a . . .

public bridge, taking, the powers of such commissioner shall from thenceforward cease and determine,

become a se- and the Inferior Court of the county shall appoint another in his room.

curity for any

other undertaker, shall be divested of his powers, fkc. _^*

| . -

Repealing Sect. 11. And be it further enacted, That all road laws heretofore passed, which in

any way militate against this act, pe, and the same are hereby repealed.

ROBERT IVERSON, '

Speaker of the House of Representatives,

MATTHEW TALBOT,

.President of the Senate,
Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, GoyERNOR.

ROADS AND BRIDGES, 1811. 755

AN ACT*' • • (No. 476.)

To explain An^act to. amend the several Road Acts regulating Roads in this state,
" so far as respects the operation of said acts in the counties of Bryan, Liberty,
McIntosh, Glynn, Camden and Wayne" so far as respects the county of Glynn,

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assem- Assessment

upon slaves
bly met, and by the authority of the same, That the sum of three dollars, assessed by the liable to jier-

afore-recited act upon all slaves liable to perform road duty upon the island of St. Si- on the island

mons and Jekyll, be considered as a sufficient assessment for each year. and J kn°nS

Sect. 2. And be it further enacted, That all fines accruing by this assessment shall Appropriation
be appropriated for the making the road across the Buffaloe, in the said county.

Sect. 3. And he it further enacted, That all laws or any part of laws operating against Repealing

CI 3.11 S 6

this law be, and the same are hereby repealed.

ROBERT IVERSON,

Speaker of the House of Representatives .

MATTHEW TALBOT, •

President of the Senate.
Executive Department, Georgia.

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

See act of 1813, No. 481'.

S D 2

756

ROADS AND BRIDGES. 1812.

(No. 477.)

AN ACT*

William A.
Dunham ap-
pointed for
ten years a
commissioner
of that part
of the road in
Bryan county
called Oge-
chee cause-
way.

His powers.

Proviso.

To amend an act, entitled An Act to amend the several Road Acts, regulating
R ads in this state, so far as respects the operation of said acts in the coun-
ties of Bryan, Liberty, McIntosh, Glynn, Camden and Wayne, passed on the
Sth day of December, 1806, so far as respects the county of Bryan.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That William A. Dunham be, and he is hereby-
appointed, for the term of ten years, a commissioner of that part of the road in Bryan
county called Ogechee causeway, with the power of calling out all the hands in Bryan
county Subject to work on the public roads, including all the hands on the north side
of Ogechee river, consisting of the following plantations, to wit : The estate of William
Elliott, the estate of Ralph Elliott, Stephen Elliott's plantations, Benjamin Savage's
plantation, the estate of Thomas Savage ; Benjamin Stiles's plantation, John H. Mo-
rel's plantation, and the estate of Peter H. Morel's, six days in each year, at any time
the said Dunham may deem it necessary, on giving six days notice : Provided, that not
more than one-eighth of all the hands embraced by this act shall be called out at. any
one time : And provided also, that all the hands in captain Bird's district, and others on
the north-west side of Canuchee, shall be wholly exempt from the provisions of this act:
Provided nevertheless, that it shall be optional with the owners of slaves as aforesaid,
either to comply with -the above act, otherwise to pay to the said Dunham the sum of
three dollars, for every slave detained from said public road duty, per annum.

Toll on said
causeway au-
thorized.

Sect. 2. And be it further enacted, That the better to enable the said William A.
Dunham to keep in passable and good order the said causeway, it shall be lawful for
him to demand and receive the • following toll, to wit: On every four-wheel carriage,
waggons excepted, the sum of thirty-seven and one half cents ; on every two-wheel
carriage, carts excepted, eighteen and three-fourths cents, and on every man and horse,
six and one quarter cents.

A summoner
to be appoint-
ed.

His duty.

Sect. 3. And be it further enacted, That the said William A. Dunham, commis-
sioner as aforesaid, be, and he is hereby authorized to appoint a. person as summoner,
whose duty it shall be to give such notice as he may be instructed by the said com-
missioner, in conformity to this act ; and the testimony of such summoner shall be
conclusive evidence against all defaulters.

* Tkis act repealed by act of 1815, No. 486.

ROADS AND BRIDGES. 1812. 757

Sect 4. And be it further enacted, That it shall be the duty of the judge or justice, (No. 477.)
before whom the said commissioner may bring his suit for default on said causeway, to The recovery-
render judgment, at the first term, against the owner or owners of such defaulting slave ment on de-
J / faulters pro-

Or slaves, but such defaulting slave or slaves, together with any other property belong- vided for.

ing to the owner of such slave or slaves, shall be bound to satisfy the judgment and

costs of suit.
In-
sect. 5. And be it further enacted, That it shall not be lawful for the said William Said Dunham

. not to transfer

A* Dunham to transfer to any person whatever the powers vested in him by this act, his powers to

without the approbation of the justices of the Inferior Court of Bryan county, or their so^ without

successors in office, or a majority of them, whose duty it shall be, during the aforesaid *j*e ?on?ent of

term of ten years, to examine the state of the said causeway, and whose approbation, the Inferior

Court of said
by public notice, shall be necessary to entitle the said commissioner to demand or county.

receive the aforesaid rates of toll : nor shall an y toll be demanded by the said Dunham, Pu^ of sa>«

J J 7 justices with

at any time whatever when the said justices of the Inferior Court, or a majority of regard to said

. causeway.

them, shall declare the causeway not in comfortable passable order.

Sect. 6. And be.it further enacted, That no alleviating law, which has or may be No alleviating
, . . , . 1 11 m- • , . . r i • law to militate

passed during the present session, shall militate against the provisions or this act. against this

act.
Sect. 7. And be it further enacted, That nothing in this act shall be construed to Construction

of this UC.t!

the exemption of any of the hands in Bryan county, or on the north side of Ogechee
river, who have been subject to road duty in said county, from any of the provisions of
the above recited act, excepting so far as relates to Ogechee causeway.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate,
Executive Department, Georgia.

Assented to, 27th November, 1812.

D. B. MITCHELL, Governor,

758

ROADS AND BRIDGES. 1812.

(No. 478.)

AN ACT*

Regulating Roads in this state, so far" as respects the county of Wayne, and to
repeal an act, entitled An act to amend the several acts regulating Roads in this
state, so far as respects the county of Wayne, passed the 10th December, 1811.

Commission-
ers of public
Toads in the
county of
Wayne, how
appointed.

Their duty.

Vacancies,
how filled.

• Sect. 1. BE it enacted by the Senate and House -of Representatives of the state of Geor-
gia^ in General Assembly met, That immediately after the passing of this act, the jus-
tices of the Inferior Court of Wayne county shall be authorized, and are hereby re-
quired, to appoint commissioners for each public road leading through said county, and
three commissioners on the post-road leading from Fort Barringtonto Little Satilla, as
already laid out, who are- to direct and superintend the labour to be performed on said
road ; and that the said justices shall also have power and authority to fill all vacancies
in the board of commissioners, that may be occasioned by death or otherwise, and that
the power and authority of the road commissioners, who have been appointed previous
to the passing of this act, shall henceforth cease and be determined. •

Powers of the Sect. 2. And be it further enacted, That the justices of the Inferior Court of Wayne

inferior Court county, or a majority of them, are hereby empowered at their discretion to reject or con-

with regard to £rm a|j county roads heretofore laid out, also to grant the prayer of petitions for county

roads, also to appoint superintendants for the same, at all times when requested, and to

apportion the hands for said roads as they may think most proper.

Proceedings Sect. 3. And be it further enacted, That when any person shall be a defaulter on any
with regard to Q£ ^e ga^ roa(jg5 \t shall be thexluty of the commissioners of the road to which he or
they may belong to give twenty days notice, by advertisement in one or more of the
most public places in the county,, of the time and place of their meeting, and a majority
of them, on the day pointed out, determine on the excuse of any such delinquent, and
shall within ten days thereafter issue their execution against such person, or persons as
shall not have rendered to them a sufficient excuse.

* See act of 1818, No. 499, amendatory
now subject, not being therein excepted.

le road laws, to the provisions of which act Wayne county is

ROADS AND BRIDGES. 1812. 759

Sect. 4. And be it further enacted, That all laws and parts of laws militating against (No. 478.)
the provisions of this act be, and the same are hereby repealed. . clause.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Executive Department, Georgia.

Assented to, 5th December, 1812.

D. B. MITCHELL, Governor.

AN ACT* (No. 479.)

To amend an act, entitled An act more effectually to open and Iceep in repair the
Public Roads, Causeways and Bridges in this state, passed the 16th day of
December, 1811.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, That in all cases where the justices of the Inferior Persons ap-

. . . . . pointed com-

Court have, or may hereafter appoint commissioners m their respective districts, ac- missioners un^

cording to the provisions of the above recited act, and the commissioners so appointed ejact who

shall, at any time within twelve months after, their appointment, neglect or refuse to dis- ^ neglect

charge the duties required bv this and the before recited act, and sufficient proof thereof the duties of

° ■ . > • . . their office,

being made to the. Inferior Court, shall be fined in a sum not exceeding ten dollars for finable by the

every such refusal or neglect of duty, which fines, when collected, shall be by the Infe- court.

rior Courts appropriated to the building and keeping in repair the. public bridges within

the county.

Sect. 2. And be it further enacted, That it shall be the duty of all overseers appointed, Overseers of
or that may hereafter be appointed, to superintend the working on and repairing the road duties'.
or roads laid out and assigned by the commissioners to their superintendance, and cause
the same to be well worked on and repaired, in the best possible manner which the situa-
tion of the land over which said road will pass wilLadmit of, and to make a return to the

* Amended by act of 1814, No. 483.; but see particularly act of 1818, to alter and amend the road laws,
No, 499, which is now the operative act on the subject,

■I *£i

760

ROADS AND BRIDGES. 1812.

(No. 479.) commissioners, or some one of them, within five days of every time of working on said
road, a list of all defaulters and deficiencies which may have taken place during such time
of working on said road ; and where any overseer shall, at any time within twelve months
after his appointment, neglect or refuse faithfully to discharge the duties required of him
as overseer, he shall be subject to a fine not exceeding ten dollars, to be adjudged of by
the commissioners of the district ; which fines shall be collected by the commissioners
in the same manner as default money.

Finable for
neglect there
of.

Executions
against de-
faulters, how
and by whom
issued and ex-
ecuted.

Appropriation
of fines.

Proviso.

Sect. 3. And be it further enacted, That it shall be the duty of the commissioners,
or a majority of them, to issue executions against defaulters, under their hands and
seals, directed to any lawful constable of the district, for the amount of all fines by them
imposed by this act, unless a satisfactory excuse be rendered to them on oath, within
thirty days, by the person or persons returned by the overseer as defaulters ; and it
shall be the duty of the constable to levy and collect such fin6s in the same way and
manner as executions issuing from the justices' courts ; and when collected, the said con-
stable shall, within twenty days, pay over the amount collected to the commissioners, or
any one of them ; one half of which shall be paid by the commissioners to the overseer,
and the remainder, together with any fines which may be collected from overseers, shall
be paid to the Inferior Court, and applied to the building and repairing bridges in their
respective counties : Provided, that overseers shall not be witnesses against defaulters to
any other fact than that of summoning to work on the said roads.

The Inferior
Courts shall
have the ex-
clusive right
of letting the
building, &c.
of bridges.
Proviso.
This act not
to operate in
certain coun-
ties.

Sect. 4. And be it further enacted, That the Inferior Courts of the several counties
in this state, shall have the exclusive right of letting the building and repairing bridges
in their respective counties : Provided, that this act shall not operate in the counties of
Effingham, Washington, Tatnall, Burke, Chatham, Bryan, Liberty, Glynn, McIntosh,
Camden, Wayne, Warren, Richmond, Telfair, Bulloch, Lincoln,. Pulaski, Montgomery,
Jefferson, Laurens, Twiggs and Wilkinson.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Executive Department, Georgia.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

ROADS AND BRIDGES. 1812.

761

AN ACT

(No. 480.)

To authorize Sherod McCall to open and keep in repair a road from High Bluff,
on the Ogechee river, through the counties of Effingham and Chatham.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That Sherod Sherod M'Cali
McCall be, and he is hereby authorized to open and keep in repair a road leading from open^certatn
High Bluff, on Ogechee river, through the counties of Effingham and Chatham, so as to road'
intersect the Augusta road, at or near the twelve mile stone on said road.

Sect. 2. And he it further enacted by the authority aforesaid, That no hands in the
counties of Effingham and Chatham be'compelled to work on the said road, any law or
asage to the contrary notwithstanding.

' 4l ■ ■ v

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Hands in the
counties of
Chatham and
Effingham,
not compelled
to work on
said road.

Executive Department, Georgia.

Assented to, 10th December, 1812.

D. B, MITCHELL, Governor.

5 E

•3r

— -n ■ ii ii iiiniiiiiirrta

762

ROADS AND BRIDGES. 1813.

(No. 481.)

AN ACT*

To amend Jin act regulatyng Roads in this state, so far as respects the county of

Glynn.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Commission- Georgia, in General Assembly- met, That immediately after the passing of this act, the
ci*s of rostds in

Glynn county, justices of the Inferior Court of Glynn county, shall be authorized and hereby required
how appoint- tQ appQmt three commissioners for each road of a public nature in the county of Glynn,
who are to direct and superintend the labour to be performed" on said road or roads ; and
that the said justices shall also have power and authority to fill all vacancies in the
board of commissioners, that may be occasioned by death or otherwise ; and that the
power and authority of the commissioners, previously appointed to .the passing of this
act, shall henceforth cease and be determined.

ed.

Vacancies,
how filled.

Power of. the Sect. 2. Be it further enacted, That the justices of the Inferior Court of Glynn

justices of the . ....

Inferior county, or a majority of them, are hereby empowered, at their discretion, to reject or

county with confirm all county roads heretofore laid out ; also to grant the prayer of petitions for

regard to county roads ; also to appoint superintendants for the same, at all times when requested?

and to apportion the hands for the said roads as they may think most proper.

Their power • Sect. 3. And be it further enacted, That the justices of the Inferior Court aforesaid
on the island shall have full power to regulate and direct all things regarding the public roads, so far
. t. Simons. ag rejates to tne road upon the island of St. Simons, in the said county, any thing in any
other law to the contrary notwithstanding. >

Proceedings
against de-
faultersi

Sect. 4. And be it further enacted, That when any person shall be a defaulter on
any of said roads, it shall be the duty of the commissioners of the roads'to which he
or they may belong, to give twenty days notice by advertisement, in one or more of the
most public places in the county aforesaid, of the time and place of their meeting ; and
a majority of them, on the day pointed out, shall determine on the excuse of any such
delinquent, and shall within ten days thereafter issue execution against such person or
persons as shall not have rendered to them a sufficient excuse.

This act amended by act of 1815, No. 484.

ROADS AND BRIDGES. 181S,

763

Sect. 5. And be it further enacted, That all laws and parts of laws militating against (No. 481,
_ , . , , , -ii i j Repealing

the provisions of this act be, and the same are hereby repealed. clause.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

Assented to, 30th November, 1813.

PETER EARLY, Governor.

AN ACT*

(No. 482.)

To authorize William Scott, sen. of Camden county, to establish a Toll on the
road leading from Bull Town Swamp to Fort Barrington, an the Mtamaha,
through McIntosh county.

Sect. 1. BE it enacted by the -Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That William Scott, sen. of Camden county, is hereby authorized to lay out a road William Scott,

cpTi £Lllthoi*17~

leading from Bull Town Swamp to Samuel Jones', in McIntosh county, from thence ecj [0 \&y out

the nearest, best and most direct way to Fort Barrington, on the Altamaha river, and gr?iaT r°m

to open the same ; and the said William Scott, sen. his heirs, executors, administra- Swamp to Fort

Barrington.
tors or assigns, shall be bound to put the said road in good and complete repair, to His duty with

raise it not exceeding five feet above the common surface, wherever it may be necessary, ^
and to make it twenty feet wide ; to enable him to perform which, he is hereby author-
ized to take timber and earth the most convenient; and the said W. Scott, sen. shall
be answerable for every damage or injury occasioned by the badness or want of repair
of the said road, during the period hereafter mentioned.

Sect. 2. And be it further enacted by the authority aforesaid, That the said William Said Scott t»

. . . . . give bond and

Scott, sen. shall bind himself, his heirs, executors, administrators and assigns, together security.

with two other good and sufficient securities, to be approved of by the commissioners

hereafter named, to the said commissioners and their successors in office, in the penal

sum of five thousand dollars, for the performance of the aforesaid contract.

* This act repealed by act of 1815, No. 485.
5 E 2

764 ROADS AND BRIDGES. 1813.

(No. 482.) Sect. 3. And be it further enacted by the authority aforesaid, That for and in con-
Said Scott au- sideration of the laying out, opening and keeping in repair the said road, leading from

ceive toll on Bull Town Swamp to Samuel Jones', in McIntosh county, from thence to Fort Barring-
said road for .....
the term of 30 ton, the nearest, best and most direct way, the said William Scott, sen. his heirs,

executors, administrators and assigns, shall be entitled to receive, for the term of
thirty years, the following rates and tollage, to be collected on the said road, at any-
place that may be deemed the most convenient by the said William Scott, sen. to wit:
Toll rates. For every four-wheeled pleasure carriage, one dollar ; for every two-wheel ditto, fifty
cents ; for every waggon and team, seventy-five cents ; for every cart and horse, thirty-
seven and a half cents ; for every man and horse, twenty-five cents ; and for all black
cattle and horses per head six and a quarter cents.

Commission- Sect. 4. And be it further enacted by the authority aforesaid, That Samuel Jones,

appointed, Samuel Owens and Moses Way be, and they are hereby declared to be, commissioners
Vacancies, appointed under this act ; and in case of vacancy by death, resignation or otherwise, of
any of the aforesaid commissioners, that then his excellency the Governor is hereby
authorized and required to fill up said vacancy ; a^id they, or a majority of the said
commissioners, are authorized to declare at what time the said road is completed,, ac-
cording to the first section of this act, when, and not before, the toll or charges ae
aforesaid shall and may be demanded.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate^
Assented to, 6th December, 1813.

PETER EARLY, Governor

«*

ROADS AND BRIDGES. 1814. 755

AN ACT* (No. 483.)

To amend an act, entitled Jin act more effectually to open and keep in repair the
public Roads, Causeways and Bridges in this state, passed on the 16th of De-
cember, 1811, and to amend an act, entitled An act more effectually to open
and keep in repair the public Roads, Causeways and Bridges in this state, passed
on the 10th day of December, 1812.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That the commissioners heretofore appointed by vir- Commission-
tue of the above recited acts, and such as may hereafter be appointed, shall continue to their continu-
discharge the duties of their said appointments for the term of one year, and until they ance in ottlce
shall make their resignation to the Inferior Court, and shall, during the time they may Liable to the
continue as commissioners, be subject to the like penalties for neglect of duty as is pointed out in

pointed out by the above recited acts. the recited

J acts, for ne-

glect of duty.

Sect. 2. And be it further enacted, That when any of the commissioners as afore- Vacancies by
said shall resign as aforesaid, the justices of the Inferior Court, or a majority of them, how filled/
shall, as soon as may be thereafter, appoint other fit and proper person or persons in
their stead, who shall be subject to the like service and penalties as pointed out by the
above recited acts, and shall also continue to discharge the duties required of them, for
the term of one year from the date of their appointment, and until they shall signify
their resignation to the justices of the Inferior Court.

Sect. 3. And be it further enactedpThat in case any vacancy shall happen by death, Vacancies by
1 1 Ti'i- i • • r death, rernov-

removal, or other disability, the justices 01 the Interior Court, or a majority of them, al, or other

shall proceed to fill such vacancy as soon as convenient ; and the person so appointed f^^ ' ^'

shall be subject to the like duty and penalties as all other commissioners appointed by

virtue of this and the before recited acts.

Sect. 4. And be it further enacted, That the commissioners so appointed shall hear Said commis-
and determine on all cases of default for neglect of duty required by the before recited hear and de-
acts : Provided, such hearing and determining shall be within thirty days after such de- cases' of de-
fault: Provided also, thatitne said commissioners, or any one of them, shall advertise fault-

Proviso.

'_ Proviso,

* See act of 1818, No. 499, altering and amending the road laws, and which is now the operative act on
the subject,

766

ROADS. AND BRIDGES. 1814.

fNo. 483.) in two or more of the most public places in .the district, giving at least fifteen days
notice of the time and place appointed for hearing and determining the same,

Moniescollect- Sect. 5. And be it further enacted, That all monies collected by virtu'e of this and
ed uh^recit- tne aDove recited acts shall be, by the commissioners aforesaid, paid into the hands of

ed acts, how tyie c\tr^ 0f tne Inferior Court, to be applied to the repairing the public roads, bridges
disposed of. L

and causeways.

When the re-
viewing' com-
missioners re-
port the pro-
priety of open-
ing a new road,
the Inferior
Court may
pass an order
for that pur-
pose.

Proceedings
against any
commissioner
appointed un-
der this, or the
recited act's,
who shall ne-
glect or refuse
to discharge
the duties re-
quired of him.

Sect. 6. And be it further enacted, That in all cases where commissioners have been
or hereafter may be appointed, for the purpose of reviewing any new road, intended to
be laid out, and shall report to the Inferior Court the propriety of opening the same,
the said court may, if they, or a majority of them, deem it adviseable, pass an order for
opening such road.

Proviso,

"- **" 4

Sect. 7. And be it further enacted, That in case any commissioner, appointed by vi
tue of this or the above recited acts, shall neglect or refuse to discharge the duties
required of them as pointed out by this and the before recited acts, and information
thereof being lodged with the justices of the Inferior Court, by any person, it shall be
the duty of the said court to notify such commissioner of such information, and unless
excuse be offered to the satisfaction of the justices of said court, or a majority of them,
within thirty days after such notice being given, they shall direct the clerk to issue exe-
cution against any such delinquent commissioner, for the sum for which he had laid
himself liable, as pointed out by the above recited acts, directed to any constable in the
district where such commissioners may reside, for the collection of said fine, and to
return the same at the next term of the said court ; for which services the constable
collecting and returning the same, shall receive»from the justices of the Inferior Court
the usual fees out of the money so collected : Provided always nevertheless, That this
act shall not operate in the counties of Effingham, Chatham, Bryan, Liberty, Glynn,
McIntosh, Camden, Wayne, Burke, Washington, Warren, Richmond, Jefferson, Ema-
nuel, Laurens, Bulloch, Tatnall and Telfair.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

Assented to, 23d November, 1814.

President, of the Senate,,

PETER EARLY, Governor.

ROADS AND BRIDGES. 1815.

767

AN ACT

(No. 484.)

To amend An act regulating Roads in this state, so far as respects tide county
of Glynn, passed on the thirtieth day of November, 1813.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That immediately after the passage of this act, the justices of the Inferior Court of
Glynn county shall be, and they are hereby authorized and require^d, to appoint three
commissioners for each road of a public nature, in said county, whp are to direct and
superintend the labour to be performed on said road or roads ; and that the said justices
•shall also have power and authority to fill all vacancies in the board of commissioners,
that may be occasioned by death or otherwise ; and that the power and authority of the
commissioners, previously appointed to the passing of this act, shall henceforth cease
and be determined.

The justices
of the Inferior
Court of Glynn
county requir-
ed to appoint
commission-
ers of public
roads.

Vacancies.

The power of
previous com-
missioners to
cease.

Sect. 2. And be it further enacted, That the justices of the Inferior Court of the Power of said
county of Glynn, or a majority of them, are hereby empowered at their discretion to ietardVo1
reject or confirm all county roads heretofore laid out; also to appoint superintendants countyroa<3s ;
for the same, at all times when requested, and to apportion the hands for the said
roads as they may think most proper.

Sect. 3. And be it further enacted, That the justices of the Inferior Court afore- And with re-
said, shall have full power to regulate and direct all things regarding the .public roads, f^ds*0 p^i,

so far as relates to the island of St. Simons, in the said county, any thing in any other island of st°

Simons.
law to the contrary notwithstanding.

Sect. 4. And be it further enacted, That when any person shall be a defaulter on Defaulters,
any of such roads, it shall be the duty of the commissioner of the roads to which he ed aJainst,
or they may belong to give twenty days notice, by advertisement in one or more of
the most public places in the county aforesaid, of the time and place of their meeting,
and a majority of them, on the day pointed out, shall determine on the excuse of any
such delinquent, and shall, within ten days thereafter, issue execution against such per-
son or persons as shall not have rendered to them a sufficient excuse.

Sect. 5. And be it further enacted, That if any person "or persons shall be'nominated Any person

• • • • r i i r • ! i i n t. wno sha" ac'

commissioner or commissioners ot the roads ol said county, and shall accept such cept t;,e ap_

appointment, and hold the same for sixty days, it shall not be lawful for him or them comnriMAofM

ttJfctf*

768

ROADS AND BRIDGES. 1815.

(No. 484.) to resign such appointment for twelve months after the date thereof ; and in case oi

and hold the refusal to act under such appointment, after the expiration of sixty days as aforesaid,

days, shall not that then and in that case such commissioner or commissioners shall be liable to a fine
resign his ap-
pointment for of five hundred dollars each, to be collected by action of debt, in the name of the state.
12 months af- f •^g§k

fer the date thereof, and shall be liable to a fine of §500 for refusing to act.

• •

Penalty on Sect. 6. And be it further enacted, That when any commissioner or commissioner;:

commissioners * ,, •, r n~i i • i • i • • i t i •»

for nesdect of shall neglect to fulfil his or their duty, in causing those persons liable to work on the

duty. road to be summoned, or after such summons being served, shall fail to see the duty

of such persons well and truly performed in labouring on the roads, that then and in

that case such cojnmissioner or commissioners shall forfeit and pay the sum of one

hundred dollars for each and every instance of neglect, to be collected by action of

debt, in the name of the state.

Fines for de-
faults.

Sect. 7 '. And be it further enacted, That for each and every person, free man or
slave, liable to work on the roads by the laws of this state, and failing so to do, there
shall be a fine of one dollar per day paid for every day's failure, by the free man him-
self, or by the owner or possessor of the slave, to be recovered by warrant under the
hand and seal of the commissioners aforesaid.*1 :

Fines to be
paid to the
treasurer of
Glynn county
academy, by
the commis-
sioners.

Repealing1

clause.

v*f

Sect. 8. Be it further enacted, fThat it shall be the duty of the said commissioners
to collect and pay over the above fines, within sixty days after the last day of working
on the roads, to the treasurer of the academy of .Glynn county ; and that it shall be
the duty of the justices of the Inferior Court, at their next meeting after the expira-
tion of the sixty days aforesaid, to enforce such payment on the part of said commis-
sioners, by warrant under their hands and seals, for all sums under thirty dollars, and
for all sums over tha't amount to cause separate suits to be commenced by the solicitor
general, at the next term of the Superior Court, in the name of the state.

Sect. 9. And be it further enacted, That all laws and parts of laws militating against
the provisions of this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

speaker of the House of Representatives,

jk^ • WILLIAM RABUN,

President of the Senate.

Assented to, 12th December, 1815.

D. B. MITCHELL, Governor.

* This section repealed : see act of 1817, No. 493.

f This section altered and amended by act of 1819, No. 502

-^"*- — - ■ '

ROADS AND BRIDGES. 181

'69

AN ACT (No. 485/

To repeal an act, entitled An act to authorize William Scott, sen. of Camden
county, to establish a Toll on the road leading from Bull Town Swamp to Fort
Harrington, on the Mtamaha, through McIntosh county, and for other pur-
poses.

WHEREAS, the said William Scott, sen. has given up and abandoned the idea of- Preamble,
carrying into effect the provisions of the before recited act ; for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
torgia, in General Assembly met, and it is he
That the above recited act is hereby repealed.

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Repealing

Sect. 2. And be it further enacted by the authority aforesaid, That Samuel Jones, Commission-
Peter Hagin and Elijah R. Tucker be, and they are hereby appointed commissioners to open a road
to lay out and open a road leading the most direct way from Fort Barrington, on the *i™to^oBar"

Altamaha, to strike the Bull Town road, at Samuel Tones's, and open the aforesaid road strike the
' ... Bul1 Town

twenty feet wide at least; and to enable said commissioners to complete the said road, road at Saml.

Jones's

they are hereby authorized to take wood and earth the most convenient.

Scet. 3. And be it further enacted by the authority aforesaid, That the persons resid- Who shall be
ing in the district heretofore allotted to said road, with such other persons as the board on g^ roacj
of commissioners of roads in McIntosh county shall allot, shall be liable to work on
said road, and under the same penalties as governs in other laws for said county.

Sect. 4. And'be it further enacted, That the before mentioned Samuel Jones, Peter Said commis-

Hagin and Elijah R. Tucker shall, immediately after the passing of this act, proceed ceed to the™"

to the laying out and new-making a road, the straightest and most direct way leading layin£°ut said

from Fort Barrington, to strike the Bull Town road at Samuel Jones's ; after the said mediately af-

. ... ter the pas-

road has been laid off and marked out by said commissioners, then the commissioners sage of this

shall proceed with the hands or persons of their districts, according to the laws hereto- '

fore passed for said county.

Sect. 5. And be it further enacted, That if any vacancy should happen by refusing to Vacancies,
serve, removal, or any otherwise, the board of commissioners for said county shall
appoint them, and fill the vacancy ; and the said commissioners shall constitute part of
the board for said county.

5 F

770

ROADS AND BRIDGES. 1815.

(No. 485.) Sect. 6. And be H further enacted, That any law that militates against the provisions

Repealing 0f this act be, and the same is hereby repealed,
•lause,

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Assented to, 14th December, 1815.

D. B. MITCHELL, Governor.

(No. 486.) AN ACT

To repeal an act, entitled An act to amend An act regulating Roads in this state,
so far as respects the operation of said acts in the counties of Bryan, Liberty,
McIntosh, Camden and Wayne, passed on the 8th day of December, 1806, so
far as respects the county of Bryan.

Preamble. WHEREAS, an act o£ the legislature, passed on the 27th November, 1812, gave to

William A. Dunham, Esquire, the benefit of a turnpike on great Ogechee causeway, on
certain conditions therein contained, which conditions have not been complied with by
said Dunham ; by which means the causeway aforesaid is almost impassable :

Sect. 1. BE it therefore- enacted by the Senate and House of Representatives of the

The act recit- state of Georgia, in General Assembly met, That the before recited act in favour of Wil-

amble, repeal- liam A. Dunham, E squire, be, and the same is hereby repealed,
ed.-

The act recit- Sect. 2. And be it further enacted by the authority aforesaid, That the law passed on

cd in tins st*c-

tion declared the 8th day of December, 1806, entitled An act to. regulate the. road laws in this state,

so faVas re-06' so ^ar as respects the counties of Bryan, Liberty, ,I\IcIntosh, Glynn, Camden and Wayne,

gards the ^e an(j fae same is hereby declared in full force, so far as respects the counties of Brvan,

counties ot ' J x • J

Bryan, Liber- Liberty and MeIntosh.

ty, and MMn- .

tosh. •

Male slaves, Sect. 3. And be it further enacted, That the male slaves liable to road duty on the

labour 8tc. plantations on the north side of Great Ogechee, heretofore made liable to work on the

causeway, be continued to work on the same, and be subject to the same road laws,

rules and regulations as the inhabitants of Bryan county.

ROADS AND BRIDGES. 1815: 772

Sect. 4. And be it further enacted by the authority aforesaid, That all laws and parts (No. 486.)
of laws militating against this act be, and the same are hereby, repealed. daEse.^

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

' President of the Senate.
Assented to, 14th December, 1815.

D. B. MITCHELL, Governor.

AN ACT* * (No. 487.)

To revise and amend the Road Laws of this state, so far as respects the county of

Laurens.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the second, third and fourth sections of an act more effectually to open and keep
in repair the public roads, causeways and bridges in this state, passed the 16th Decem-
ber, 1811, be amended as follows :

Be it enticted, That all able-bodied, effective white male inhabitants, mulattoes, free Who shall be
.negroes and slaves, from the age of sixteen to fifty years, in the county aforesaid, shall labour, in
be obliged to attend and work on the public roads, &c. as directed in said act; and that county,
all overseers appointed agreeable to the third section of said act be, and they are hereby
authorized to exempt from labour one hand as a warner, whose duty it shall be to sum-
mon defaulters to attend the board of commissioners, as well as hands to work, in terms
of the law.

Sect.- 2. And be it further enacted, That the time of trying defaulters shall be within Defaulters,
twenty days after working; and that the constable^ collecting fines shall be entitled to trjed
the same fees allowed in other cases, to be paid by the defaulters in like manner. Fets of the

constable col-
lecting fines,

* This act repealed by act of 1818, No. 497,
5 F2

772

ROADS AND BRIDGES. 18 15.

(No. 487.) Sect. 3. And be it further enacted, That all laws or parts of laws militating against

Repealing1 this act, so far as respects the county of Laurens, be, and the same are hereby repealed^

clause.

BENJAMIN WHITAKER,

Speaker of the House- of Representatives. .

WILLIAM RABUN,

President of the Senate.
Assented to, 14th December, 1815.

D. B. MITCHELL, -Governor.

(No. 488.) • AN ACT*

More effectually to improve the Public Roads in this state.

Preamble. WHEREAS, it is deemed advantageous to the citizens of this state, as well as

citizens of other states travelling through this state, that the public roads should be
measured and posted : . . ' .

Sect. 1. Be it therefore enacted by the General Assembly of the state of Georgia, and it
iioads, leading is enacted by the authority of the same, That from and after the first day of June next,
court-houses, it shall be the duty of all overseers of roads leading from the court-house of their re-
tire counties0" sPective counties within this state, in addition to the duties- heretofore required of them
tobemeasur- Dy law, to measure all that- part of the road' to which they may be appointed, and at
posts set up. the end of each mile to set up a post or mark on some conspicuous place, which shall
designate the number of miles from thence to the court-house as aforesaid.

•

Wbat shall be Sect. 2. And be it further enacted, That where it shall so happen, that in measuring
thTmelsurinEc fr°m the court-house as aforesaid to the end of the district to which they are appointed

overseer overseer, and the distance shall not be an equal number of miles, the overseers of the

comes to the 7 x

endofhisdis- same road in the next adjoining district . shall be compelled to commence at the last

trict, if the . ... t ,.

distance shall mile-post m the district thus measured, unless ^uch district shall end at some county
equal6 number *me ' then *n that case the overseer of .such district shall, by some post or mark, desig-
of miles. nate the distance from such county line to the court-house of their respective counties

as aforesaid.

See act of 1818, No. 499, amendatory of the road laws,

ROADS AND BRIDGES. 1815. 773

Sect. 3. And be it further enacted, That it shall be the duty of all overseers as (No. 488.)
aforesaid, at the fork of each public road within their respective districts, to place or begpS°upat
post up in some conspicuous place a board or other mark, designating on the same the the forks of
most public place to which each road directs.

Sect. 4. And be it further enacted, That all public roads leading from any sea-port Roads, leading

town shall be measured from thence until it intercepts the first court-house or county port or oth"er

town, how-
town, measured.

Sect. 5. And be it further enacted, That when any public road as aforesaid shall When a road

*is altered tlic
be altered so as to make it necessary to remove any post, it is hereby made the duty of overseer shall

the overseer of said road to remove such post or set up others, in such manner as to poTt-Tor set

answer the purposes contemplated by this act. . UP others*

Sect. 6. And be it further enacted, That all public roads shall be laid out the nearest Public roads,
and best way to the place to which they are intended ; and that the commissioners &c '

of roads shall be required in all cases to designate the same on oath, if required by the
court.

Sect. 7. And be it further, enacted, That if any person or persons shall remove or deface Penalty for re-
the said posts, boards or marks, they shall forfeit and pay the sum of twenty dollars faemg^id
for each and every offence, to be recovered before any court having competent jurisdic- Posts> &c-
tion, one half to the county, and the other half to the informer ; and if the said offence
should be committed by a slave or slaves, or any free person or persons of colour, he,
she or they shall receive on conviction. not exceeding thirty-nine lashes on his, her or
their bare back, to be inflicted by the order of any justice of the district where the
offence is committed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

• . President of the Senate,

Assented to, 16th December, 1815, *

D. B. MITCHELL, Governor,

774

ROADS AND BRIDGES. 1816.

(No. 489.)

AN ACT

To authorise Russell Goodrich, Nicholas Byers, t)avid Russell, Arthur H. Han-
ley and John Lowry, to open a road from the head of bootable water on Tu-
galo river, the most direct route to fall into the road at Samuel Thompson's, on
Nine Mile creek, in East Tennessee, and 'to incorporate them into a company by
the name of the Unaca or Unacoi Turnpike Company. , \

The Unacoi
Turnpike
Company in-
corporated.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Russel Goodrich, Nicholas Byers, David Russell, Arthur H. Hanley and John
Lowry, and their heirs and assigns, be, and, they are hereby incorporated into a company
by the name of the Unaca or Unacoi Turnpike Company, and by said name shall have
full power to sue and be sued, plead and be impleaded in any court of record "in this
state.

Power of said Sect. 2. And be it enacted, That said company are vested with full power and au-
company. thority from time to time to adopt such regulations, and concert such measures, as to

them shall seem useful for the institution,, not inconsistent with the constitution and

laws of this state. •

The profits of
said road vest-
ed in said
company for
20 years after
it shall have
been com-
pleted.
Proviso.

Sect. 3. And be it further enacted, That the aforesaid company, or their heirs and
assigns, are hereby entitled to occupy and enjoy all the privileges and advantages aris-
ing from said road, for the term of twenty years, to commence after the same shall be
in complete operation, agreeably with their treaty with the Cherokee Indians on that
subject : Provided, that said road is mad*e complete within twelve months after the pas-
sage of this act,* ' . . t

Authorized to Sect. 4. And be it further enacted, That the aforesaid company are hereby autho-
pike# rized to erect a turnpike at such place on said road, within the chartered limits of this

state, as to them shall seem most convenient.

See act of 1817, No. 492, which extends the time until the 1st of Nov, 1818,

ROADS AND BRIDGES. 1816. 775

Sect. 5. And be it further enacted, That the said company shall be entitled to receive (No. 489.)
the following tolls and rates at said turnpike, for the passage of any person or thing, To11 rates*
that is to say : For every man and horse, twelve and one-half cents ; for every led horse
not in a drove, six and one-fourth cents ; for every loose horse in a drove, four cents ;
for every foot man, six and one-fourth cents ; for every waggon and team, one dol-
lar ; for every coach or chariot, or other four wheel carriage of pleasure, one dollar and
twenty-five cents ; for every two wheel carriage, chaise, chair, or other carriage of plea-
sure, seventy-five cents ; for every cart and team, fifty cents ; for each head of cattle,
two cents ,- for each head of sheep, goats or lambs, one cent ; for each head of hogs, one
cent. .

Sect. 6. And be it further enacted, That if any collector of tolls at said place shall Penalty for
demand and receive from any person greater rates than are hereby allowed for the pas- greatertoll
sage of any thing herein named, he, she or they for every such offence shall forfeit and *an 1S "erein
pay to the party aggrieved, not only the toll demanded and received, but the further sum
of ten dollars, to be recovered before any jurisdiction having cognisance thereof.

Sect. 7. And be it further enacted, That if any person or persons shall refuse to pay Liability of
any or either of the foregoing rates, or shall use force or violence to evade the payment refuse to pav
thereof, *he, she or they so offending for every such offence shall forfeit and pay a sum s '

not exceeding twenty dollars, and in the latter case be liable to an action or indictment
in' any court of this state having cognisance thereof.

Sect. 8. And be it further enacted, That the company aforesaid are hereby required Duty and lia-
, , , . ' ■> • 1 1 1 m i 1 ' i 1 1 bilities of said

and bound to open said road, and build bridges and causeways oVer the water-courses company rela-

and swamps when necessary, and to open said road at least twenty feet wide ;■ and when hVQ}° s

the same is bridged or causewayed, to be at least twelve feet in the centre clear of

stumps and rocks, if the same will permit ; and when opened, to keep the same in good

repair ; and in case of failure, to be liable to a fine of five dollars for every five days

said road is impassable for carriages of any description, (except in cases of high water,)

to be recovered hefore any justice of the peace in this state, in the name and for the use

of the person suing for the same, and to be further liable for an indictment, as overseers

of public roads are in such cases, any law to the contrary notwithstanding.

Sect. 9. And be it further enacted, That nothing contained in this act shall be so No intrusion

construed as to authorize any person or persons to intrude on the lands of the Chero- tee lands au-
thorized,

776 ROADS AND BRIDGES. 1816.

(No. 489.) kee Indians, contrary to the intent and meaning of, or contrary to the law of the United
States.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

(No. 490.) AN ACT

#
To alter and amend an act% entitled An act more effectually to open and keep in
repair the Public Roads, Causeways and Bridges in this state, passed on the
16th December, 1811, and the act amendatory thereof , passed the 10th Decem-
ber, 1812, so far as respects the county of Warren.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Apart of the That the proviso contained in the fifth section of the above recited act, and the fourth

recited act re- x

pealed, so far section of the act amendatory thereof, be, and the same is hereby repealed, so far as re-

as respects _ r T_._

Warren coun- spects the county ot Warren.

*y- .

Justices of the Sect. 2. And be it further enacted, That it shall and may be lawful for the justices
thereof autho- of the Inferior Court of said county of Warren, or a majority of them, at any time to
anddetennine ^ear an(* determine upon all matters relative to roads, bridges, &c.

all road mat-
tcrs &c

BENJAMIN WHITAKER,

Speaker of the. House of Representatives.

WILLIAM RABUN,

President of the Senate*
Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

ROADS AND BRIDGES. 1816.

777

•• • •

AN ACT

(No. 491.)

To amend the several Road Laws now in force in this state, so far as respects the
counties of Clark, Franklin, Elbert, Talnall and Wilkinson, and to authorize
the justices of the Inferior Courts and Courts of Ordinary to hear and deter-
mine upon all matters which may come before them, relative to roads and
bridges*

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the first day of February next, it shall be the duty of the justices
of the peace of the counties of Clark, Franklin, Elbert, Tatnall and Wilkinson to ap-
point one or more overseers of roads in their respective districts, as the extent or num-
ber of the roads may require, and to apportion the hands between the several overseers ;
and where any road shall be a district line, that then and in that case it shall be the
duty of the justices in each of the adjoining districts, to co-operate in the appointment
of an overseer or overseers of such road, and also to proportion the hands for the
same. ' * ▼^••^^P

Overseers of
roads in the
counties of
Clark, Frank-
lin, Elbert,
Tatnall and
Wilkinson to
be appointed,
and the hands
apportioned,
by the justices
of the peace.

Sect. 2. And be it further enacted by the authority aforesaid, That each overseer so
appointed may call out the hands, liable to work on their respective portions of road,
twelve days in each year, and that said overseers shall retain their commissions for
twelve months after their appointment.

Sect. 3. And be it further enacted, That where said roads shall require repairing,
the overseer shall give at>least three days notice to all persons subject to work within
their respective districts, of the time and place of attendance, with such tools as he may
deem necessary ; and if any person subject to work on said road shall fail to attend
agreeable to such notice, (or to perform the necessary duty required by said overseer,)
together with all slaves owned by them, or under their care and management, liable to
work as aforesaid, they shall be subject to the following fines, to wit : For the non-at-
tendance of every free person and slave, the sum of one dollar each per day, to be
recovered before any justice of the district where such defaulters may reside, unless
the narty making such default shall, within ten days thereafter, make such excuse, on
oath, as may be deemed satisfactory to the overseer ; and on all suits for the recovery

#* ** . ^ • ""91

* See act of 1818, No. 499, to alter and amend the road laws of the state,

5 G

The hands
may be called
out 12 days in
each year.

Overseers ap-
pointed for 12
months.

Hands, how
notified.

Defaulters, li-
able to a fine,
&c.

■I

778

ROADS AND BRIDGES. 1816.

(No. 491.) of fines of defaulters, where a reasonable excuse is rendered, it shall £>e the duty of sakl

justices to dismiss the same without costs.

J « . -

Fines appro-
priated.

Neglect on
the part of

Sect. 4. And be it further enacted, That all fines so as aforesaid incurred and" col-
lected, shall be one half for the use of the overseer, and the other half to be paid to the
clerk of the Inferior Court for county purposes. V ^ $S*m

Sect. 5. And be it further enacted by the authority aforesaid, That it shall be the duty

overseers to of each and every justice of the peace of the counties aforesaid, to report to the judges
, . • jhjr • • r jo

to theTud'-es °^ tne Superior Court any neglect of duty in any overseer or overseers of roads in his

ot tlie Supen- or their district, at the , first session of the said court after such neglect mav have

or Court by ' °

the justices of occurred.

the peace. ► V ^A^

Overseers, Sect. 6. And be it further enacted by the authority aforesaid, That it shall be the duty

how fined for

of the judge of the Superior Court, to whom information shall be given, (by any jus-
tice of the peace or other person,) of any overseer or overseers of roads neglecting his

neglect of
duty

or their duty, to fine such overseer or overseers so neglecting their duty, in a sum not
more than forty dollars, nor less than two dollars ; which fine, when collected, shall be
paid over to the clerk, subject to the order of the Inferior Court.

The justices Sect. 7. And be it further enacted, That the justices of the Inferior Courts of e

of the Inferior . , . ^ . ,-,. TTr . -»^nT , % „ m

Courts in the county m this state, except Camden, Cdynn, Wayne and lVicIntosh, or a majority or

several coun- tnem, shall have power and authority to hear and determine all matters which may come

Glynn, Wayne before them, relative to roads, bridges, &c. as heretofore authorized by law, either in

excepted) au- term time, or while sitting for ordinary purposes, as occasion may require: Provided^

hat nothing herein contained shall prevent the judge of the Superior Court from remit-

hear and de-
termine all
road matters.
Proviso.

Repealing

clause,

•

ting fines imposed under this act, at a subsequent session of said court.

Sect. 8. And be it further enacted, That all laws and parts of laws that militate a
this act are hereby repealed. VlSli ' ** "* * ■*§&' ,

BENJAMIN WH1TAKER, £
Speaker of the House of Representatives.

' «<$ + • J WILLIAM RABUN,

• *rf % 4fP* 0*. «n.**^ * President of the Senate

19th December, 1816. «* V

B. MITCHELL, Governor

Assente<

* *

*»

ROADS AND BRIDGES. 1817.

779

AN ACT

(No. 492.)

To amend an act, entitled An act to authorize Russell Goodrich, Nicholas Byersy

David Russell, Arthur H. Hanley and John Lowry. to open a road from the

head of boatable water on Tugalo river, the most direct route to fall into the

• road at Samuel Thompson's, on Nine Mile Creek, in East Tennessee, arid to

incorporate them into a company, by the name of the Unaca or Unacoi Turn-

pike Company. wW*

WHEREAS, the time given by the third section of said act, for the completing the
said road, was insufficient ;

■earn

Preamble

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in ^General Assembly met, and it is hereby enacted by the authority of the
same, That the said Unacoi Turnpike Company shall have until the first day of Novem-
ber, eighteen hundred and eighteen, for the completing of said road.

***:

. A

Assented to, 27th November, 1817.

BENJAMTN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

Time in which
said road shall
be completed
extended to
the 1st of Nov.
1818.
it- •

^* **" / »,* * ' Vr**

5 G 2

* taut.

p/tk-^

->n I

780

ROADS AND BRIDGES. 1817.

(No. 493.)

AN ACT*

Who shall
work on the ,
main.

Penalty on de-
faulters.

To repeal the seventh section of an act, passed the twelfth day of December,
eighteen hundred and fifteen, arid to regulate the Road Fines and Labour in the
county of Glynn, so far as respects the islands of St. Simons and Jekyll, and
for other purposes.

Sect. 1. BE it enacted by the Senate and "House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, every free person or slave,
subject to road duty upon the islands of St. Simons and Jekyll, in the county of Glynn,
shall be subject to perform road duty on the main, and in failing so to do, the said free
person and owner or owners of such slaves shall be subject to a fine of fifty cents per
day for each defaulter, to be recovered as heretofore pointed out by law.

Repealing
clause.

Sect. 2. And be it further enacted, That so much of the before recited act as is
repugnant to the provisions of this be, and the same is hereby repealed.

«■ &£>■**+ #k »,| * *

BENJAMIN WILLIAMS,
Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

Assented to, 10th December, 1817.

WILLIAM RABUN, Governor.

■%■

See act of 1818, No. 495, by which this act is altered.

• •

#
0

ROADS AND BRIDGES. 1817. 73 A

AN ACT (No. 494.^

To authorize the Inferior Courts of Baldwin and Putnam counties to build a
Bridge across Little River, at or near the place where Butts's bridge formerly
stood, and to remove, or cause to be removed, any obstructions that may ope-
rate to prevent the same.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of The Inferior

# Courts of said

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, counties au-

That the Inferior Courts of the counties aforesaid are hereby authorized to let, to the out t^e build-

lowest bidder, the building and keeping in repair a bridge across Little river, at or inffof abridge

near the place where a bridge formerly stood, known by the name of Butts's bridge. river.

Sect. 2. And be it further enacted, That whenever the undertaker or undertakers of The under-

taker, when
the bridge as aforesaid shall be ready to raise the same, that he or they shall notify the ready to raise

commissioners appointed to let the same, that he or they is or are ready to raise said shall notify the

bridge ; that it shall be the duty of the said commissioners to meet at the place where commisslon-

the bridge as aforesaid is to be raised ; and if the owner or owners of the mill next be- Their duty

low said bridge, on said river, should not then have drawn off the water, so as not to relativeTo^he

impair or hinder the raising of said bridge, or does not then draw off the water as afore- mil1 below the

r . place where

said, that it shall then and in that case be the duty of the commissioners as aforesaid, said bridge is
* to be crcctcci

to notify the said owner or owners of the said mill to comply with the provisions of this

act ; and in case the said owner or owners fail or refuse to comply as aforesaid, that it
shall be the duty of the commissioners as aforesaid to sue for and recover the sum of
thirty dollars for each day the owner or owners of said mill refuses to comply with the
requisitions of this act, with all lawful cost, at the justice's court in the district where
such owner or owners may reside ; and the said commissioners shall pay over all the
money collected as aforesaid to the Inferior Courts of the said counties, for county
purposes : Provided, that previous to the institution of any such suit, five freeholders Proviso,
(two of whom shall be chosen by the owner or owners of said mill, and one by the
commissioners appointed by the Inferior Court of each of said counties, and the four
so appointed shall choose a fifth,) shall assess the amount of damages likely to be sus-
tained in carrying the intention of this act into effect ; which damages so assessed shall
be paid out of the funds of said counties in proportion to the amount of their general
tax: And provided also, that if the owner or owners of said mill should refuse so to Proviso.
appoint, when called on by the said commissioners for that purpose, the commissioners
aforesaid may proceed as herein before pointed out.

782

ROADS AND BRIDGES. 1317, 1818.

(No. 494.) Sect 3. And be it further enacted, That the commissioners as aforesaid shall have
removed, or cause to have removed, any other obstructions in said river -that may ope-
rate to hinder or impair the raising of said bridge.

BENJAMIN WILLIAMS,

iker of the House of Represej

MATTHEW TALBOT,

•

Speaker of the House of Representatives;

President' 3f the Senate.
Assented to, 19th December, 1817.

» • WILLiAM RABUN, Governor.

•# *f • . * V ♦ V* f A* #

(No. 495.) AN ACT

To repeal part of the first section of an act, passed on the tenth day of Decem-
ber, eighteen hundred and seventeen, and to apportion the Road Labour in the
county of Glynn, so far as respects the islands of St. Simons and Jekyll.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

Who shall be in General Assembly met, and by the authority of the same, That from and after the

labour on the Passmg of this act, not more than one-half of all the free persons or slaves, subject to

mam. road duty upon the islands of St. Simons and Jekyll, in the county of Glynn, shall be

subject to road duty on the mam ; and m failing so to do, the said free person or per-

Fine on de- sons, and owner or owners of such slaves, shall be subject to the same fine as regulated

,by the before recited act, to be recovered and appropriated as heretofore pointed out by

law. M \^f •«•*.*

Repealing Sect. 2. And be it further enacted by the authority aforesaid, That so much of the

before recited act as is repugnant to this act be, and the same is hereby repealed.

* / BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT, ^

. % ^ • President of the Senate.

Assented to, 8th December, 1818.

m Wlffif&M RAMJN, C?over^o%

ROADS AND BRIDGES. 1818. . 733

AN ACT (No. 496.)
* ^_ . To amend the Road Laws of M'lntosh county.

Sect. 1. J3i? z£ enacted &y the Senate and House of Representatives of the state of 50 hands to be

'Georgia, ui General 'Assembly met, and it is hereby enacted by the authority of the same, road leading

That it shall be the duty of the commissioners of roads in McIntosh county, for the fi'°m Fori Bar-

vear eighteen hundred and nineteen, to allot and apportion at least fifty hands on the Mrs. Bagges,
*• . • • v3 W , ■ . ; . m anci 3 super-
road leading from Fort Barrington to Mrs. Bagges, and to appoint three commissioners intending

,*. -. •£, ,!•£•• A i « commission-
to superintend the working oi said road. ' 9 ers to De ap.

* Z * +. '* %? mmk * ". pointed.

Sect. 2. j4«*/ £e z£ further enacted, That the commissioners aforesaid shall call out Hands, for

u • ' ^ what time to

the said hands for twelve days at one time, (and but once in the year,) and the said be called out,

commissioners shall first repair that part of said road lying between where Samuel

Owens formerly lived and the Sand Hills ; and the hands so Sailed out to work, for twelve

davs at one time, shall be exempted from working on roads for the year one thousand

eight hundred and twenty.

Sect. 3. And be it further enacted, That this act shall continue in force until the Continuation

<#.* • .■■ » "^tt^^yjm 1 * ^k. «^f ^^ of this act

thousand eight hundred and twenty, and no longer : Provided, its expiration
at that time shall not be construed to compel the hands that have worked twelve days at
one time to again perform road duty in the year eighteen hundred and twenty. m *

^ BENJAMIN WILLIAMS,

*^LjL. Ml ' ** • % Speaker of the House of Representatives.

, *&%Ji9 * f J J ^

• ' *' •# MATTHEW TALBOT,

President of the Senate,

Assented to, 17th December, 1818.

' WILLIAM RABUN, Governor,

• . *

w *

.^tx

784

ROADS AND BRIDGES. 1818.

(No. 497.) AN ACT

To repeal an act, entitled Jin act to revise and amend the Road Laws of this state,
so far as respects the county of Laurens, passed tfie fourteenth of December,
eighteen hundred and fifteen.

BE it enacted by the Senate and House of Representatives, in General Assembly ?netr

The recited and it is hereby enacted bij the authority of the same, That the above recited act be,

act repealed. , , . , , , ,

and the same is hereby repealed. ■»

BENJAMIN WILLIAMS,

ker of the House of Repress

MATTHEW TALBOT,

Speaker of the House of Representatives,

-l»/r * mn-iYTT-TXT m * -r t» ,-v m

« ■#•*' # ( « <# *„ ^ President of the Senate.^

Assented to, 17th December, 1818.

[AM RABUN, Governor.

WILLI.

• * • %

(No. 498.)

• AN ACT* m #

To authorise 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 extra tax when in their opinion it may
be necessary, for repairing and keeping in repair the said Roads and Bridges.

• • •■■•* *

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

The justices That from and after the passing of this act, the justices of the Inferior Courts of the

of the Inferior m , »•% •<• . .

Courts of counties of Richmond and Jefferson, or a majority of them, shall be, and they are

Jefferson hereby vested with full power and authority to lay out roads, erect bridges, make fords

* *

This act, so far as it relates to Jefferson county, is repealed by act of 1819, No. 500.
• • ^ • • •

ROADS AND BRIDGES. 1818.

or causeways, and to adopt all and every such measures for repairing and keeping in
repair the roads, bridges, fords and causeways already laid out, erected and made,
and those which may be hereafter laid out, erected, and made, within the limits of the
said counties of Richmond and Jefferson, either by letting them out to the lowest bid-
der, or by employing persons, at the expense of the counties respectively, to make, erect
or keep in repair the same, or to pursue any other course in relation thereto which, in
their opinion, will best promote the interest of the said counties, and be most condu-
cive to the public convenience.

(No. 498.)

counties, vest-
ed with gene-
ral powers re-
lative to the
roads, bridges,
&c. thereof.

Sect. 2. And be it further enacted by the authority aforesaid, That the justices of
the Inferior Courts of the counties of Richmond and Jefferson, or a majority of them,
shall be, and they are hereby authorized to levy a tax upon each and every person, liable
to work upon the respective roads in the counties of Richmond and Jefferson, without
the limits of the corporation of Augusta and Louisville, not exceeding one dollar upon
each and every person so liable, including slaves, the tax upon whom shall be paid by
their respective owners ; which tax, when so levied and paid, shall exonerate the persons
paying the same from all liability to work on the said roads, as heretofore practised, or
in any other manner whatsoever.

May levy a tax
upon persons
liable to road
labour ; who,
upon the pay
ment of the
same, shall "be
exempt from
such labour.

Sect. 3. And be it further enacted by the authority aforesaid, That the justices of the
said Inferior Courts of the counties of Richmond and Jefferson, or a' majority of them,
shall have power and authority to levy an extra tax upon the inhabitants of the counties
of Richmond and Jefferson, to such amount as they may think proper, for the purpose
of raising a fund for the making, repairing and keeping in repair the roads, bridges,
fords and causeways of said counties, whenever they may think the convenience of the
inhabitants of the counties and the welfare of the public require it: Provided, the extra
tax so imposed shail in no one year exceed fifty per cent, upon the tax paid by the
inhabitants of Richmond and Jefferson counties to the state of Georgia.

May levy an
extra tax for
the purpose of
keeping in re-
pair roads,
bridges, &.c,

Proviso.

Sect. 4. Be it further., enacted. That it shall be the duty of the receiver of tax re- Dut-y of tne
J ■ J receiver oi

turns of said counties to enter, in the tax digest, the number of hands liable to wrork on tax returns of
ft. r ,. sa*d counties,

the road as aforesaid, and the amount of tax they are or may be liable to pay'.

Sect. 5. And be it further enacted., That when <;aid tax is imposed as above pointed Duty of the
out, the tax collector of said county shall, and lie is hereby authorized and empowered,
to collect the same ; and the collector aforesaid shall be bound to the Inferior Court of
said county in a bond, with ample security for the*fait!ful collection and paying over
the same, for which the said receiver and collector shail be allowed the usual per
centum.

'#■ '

'w*f2h

786

ROADS AND BRIDGES. 1818,

(No. 498.)

Liability of
said justices,
who are here-
by created
commission-
ers of roads.

Sect. 6. And be it further enacted, That if the said roads in either of said counties,
twelve months after the passage of this act, should at any time be out of repair, the said
justices of the Inferior Courts respectively may be indicted, as commissioners of the
road or roads, which they are hereby created by this law, and on conviction shall pay
a fine at the discretion of the court, in a sum not exceeding five hundred dollars.*

Repealing
clause,

Sect. 7. And be it further enacted by the authority aforesaid, That all laws and
parts of laws militating against this law be, and the same are hereby repealed.

Assented to, 18th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

(No. 499.)

AN ACT

To alter and amend the Road Laws of this state.

The justices
of the Inferior
Courts in the
several coun-
ties, required
to define and
point out road
districts.

The making
of new roads,
and the altera-
tion of old
ones, regulat-
ed.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the samey
That the justices of the Inferior Courts in and for the several counties in this state, at
the first session or term after the passing of this act, or as soon thereafter as convenient

shall proceed to define and point out as many and such districts as to them shall seem
meet and proper, having due regard to proportioning said districts or divisions, so to
divide the labour and expense of the roads, causeways and bridges, equally among the
citizens and hands of the respective districts throughout the said counties. And on ap-
plication to said court for any new road, or any alteration in an old road, the said jus-
tices shall proceed to appoint three discreet and proper persons, residing in the neigh-
bourhood where such road is intended to pass ; and in case they find it of public utility,
they may proceed to mark out the same, 'on oath taken before any justice, and report to
the said court, the clerk of which is hereby required to notify the commissioners here-

■

* This section repealed by act of 1819, No. 500.

ROADS AND BRIDGES. 1818. 787

inafter named of- such report; and the justices of said Inferior Courts shall appoint (No. 499.)
two or more commissioners, one of which shall be a justice of the peace ; and in case of ^r°™™oads"
death, resignation or removal 6f the justice, the other two commissioners are hereby how appoint
authorized to administer oaths relative to their duties of the roads, who shall be notified
of such their appointment in writing, by the clerk of said court, within ten days after such
appointment, under the penalty of forty dollars for every such default ; and if any com-
missioner or commissioners, within ten days after the receipt of such notification, shall
not make his or their resignation to some one of the justices aforesaid, such commis-
sioner shall be considered as having accepted said appointment ; and the commissioners
so appointed, shall. have full power and authority to proceed to apportion the roads and
hands for the districts aforesaid ; and in case of refusal, departure or decease of any such
commissioners, the Inferior Courts in the counties aforesaid, shall have power to fill
such vacancy, either in term time or vacation.

■
Sect. 2. And be it further enacted by the authority aforesaid, That all male inhabi- Who shall be
tants, mulattoes, and free negroes, and all male slaves from the age of sixteen to forty- labour,
five years, in the counties aforesaid, shall be, and they are hereby declared to be obliged
to appear with .such implements as directed by the overseer, and work on the several
roads, causeways and bridges, within the several districts to which such male white
inhabitants, mulattoes, free negroes and male slaves, shall have been allotted, pursuant to
this act ; or such male white inhabitants, mulattoes, free negroes and owners, managers
- or employers of such negroes or male slaves, shall be liable to the fines and penalties in
this act defined and expressed.

Sect. 3. And be it further enacted, That the commissioners appointed under this act, Commission-
or a majority of them, shall, and they have hereby full power and authority to appoint overseers.
one or more person or persons, within their several districts, as overseers, to summon
all such persons as are obliged to work within the said districts, at least three days be-
fore the time of working, stating the time and place of meeting, with such implements
as shall be deemed necessary for the repairing of the road, and at such times of the
year, as, in his opinion, the roads may require repairing, (not to exceed five days at
any one time of working, nor to exceed fifteen days in twelve months, unless emergen-
cies require it,) to repair and work on the roads, causeways and bridges, within the

same. And the several owners, managers or employers of male slaves, within the seve- Owners, &c.

• of* slaves to

ral districts, shall, when summoned as aforesaid, deliver to the person summoning him, render a list
her or them, a list of all such male slaves as are by this act liable to work oh said roads, i^j^tVroacf
in writing, signed by such owner, manager or employer, under a penalty of three dol- labour-
lars for each hand ; which list the person summoning shall deliver to any one of the com-
missioners, in the district in which he was appointed to summon as aforesaid.

5 H 2

ROADS AND BRIDGES. 1818.

(No. 499.) Sect. 4. And be it further enacted, That every male whites inhabitant, -free negro or mu-
aefeukere" iatto> wno' being duly summoned to work in the respective districts, wherein such male
white inhabitants, free negroes or mulattoes, are obliged to work by this act, shall neglect
or refuse to obey such summons, he shall, for each day he should so refuse or neglect to
appear and work as aforesaid, forfeit a sum not less than one dollar, nor more than three
dollars, (commissioners aforesaid excepted,) for each hand so in default.

Executions
against de-
faulters, how,
by whom, and
in what cases
to be issued.

Duty of con-
stables, with
regard there-
to.

The money so
collected, how
disposed of.

Proviso.

Sect. 5. And be it further enacted, That it shall be the duty of the commissioners or
a majority of them, to issue executions against defaulters, under their hands and seals,
directed to any lawful constable of the district, for the amount of all fines by them
imposed by this act, unless a satisfactory excuse be rendered to them on oath within
twenty days, by the person or persons returned by the overseer as defaulters ; and it
shall" be the duty of the constable to levy and collect such fines, in the same way and
manner as executions issuing from the justices' courts ; and when collected, the said
constable shall, within ten days, pay over the amount collected to the commissioners, or
any one of them, one half of which shall be paid by the commissioners to the overseer,
and the remainder, together with any fines which may be collected from overseers, shall
be paid to the Inferior Court, and applied to the building and repairing bridges in their
counties : Provided, that overseers shall not be witnesses against defaulters to any other
fact than that of summoning; to work on the said roads.

Duty of over-
seers.

Liable to a fine
for neglect of
duty.

How proceed-
ed against.

Sect. 6. And be it further enacted, That it shall be the duty of all overseers ap-
pointed, or that may be hereafter appointed, to superintend the working on and repair-
ing the road or roads laid out and assigned by the commissioners to their superinten-
dance, and cause the same to be well worked on, and repaired in the best possible
manner, which the situation of the land over which said roads shall pass will admit of,
and to make a return to the commissioners, or some one of them, within five days after
every time of working on said roads, a list of all defaulters and deficiencies which may
have taken place during such time of working on said road. And when any overseer
shall, at any time within twelve months after his appointment, neglect Or refuse faith-
fully to discharge the duties required of him as overseer, shall be subject to a fine, not
exceeding twenty dollars ; and it shall be the duty of the commissioners to notify such
overseer of any failure of duty ; and unless satisfactory excuse be given to said com-
missioners, or a majority of them, within twenty days after such notice being given,
they shall issue execution against such delinquent overseer, for the sum for which he
had laid himself liable, as pointed out by this act, directed to any constable in the dis-
trict where such overseer may reside, for the collection of said fine.

When a road Sect. 7. And be it further enacted, That when any road may be a district line, the

forms a dis- # , .

trict line, over- commissioners of each district shall meet and co-operate in appointing overseers on

seers thereof,
how appointed.

ROADS AND BRIDGES. 1818.

such roads ; and where any dispute may happen relative to district lines, the commis- (No. 499.)

.* . , ji- i Commission-

sioners of each district shall cause the line to be plainly marked out and designated. ers shaii cause

district lines
to be plainly marked out, should any dispute occur relative 'thereto

Sett 8. And be it further enacted. That all overseers shall cause their respective How wide

J roads, &c. shall

roads to be cleared out at least thirty feet wide, and all causeways at least sixteen feet be cleared out.
wide.

Sect. 9. And be it further enacted, That when any person shall hereafter make any Persons ob-

, structing
fence, or cut any tree, or make other obstructions m or across any public road, the roads, how

commissioners may be notified of the obstructions, if the same do not come under their J™^' e(
knowledge, or any one of them, (and unless removed in two days,) such persons shall,
for every such offence, pay a fine not exceeding twenty dollars, to be recovered by war-
rant, under the hand and seal of any justice of the peace, to be applied as is herein
directed ; and it shall be the duty of the overseer of the road forthwith to cause the
said" obstructions to be remo\ed.

Sect. 10. And be it further enacted, That all overseers are hereby authorized to Overseersmay

• -i appropriate

make use of any timbers, for* the use ol the road upon which they may be required to any timbers

work on, except board and shingle timbers. roads%xcept

boards and
shingles.
Sect. 11. And be it further enacted, That when it shall be necessary to have bridges proceedings

over any water-course which divides one county from another, the Inferior Courts of ^henVbridge

each countv shall ioin in appointing commissioners for the building of and keeping in is required

•/jrro ° ± o over a stream,

repair the same ; and the expenses thereof shall be defrayed b} both counties, in pro- which divides
portion to the amount of the general tax of each, to be estimated by the digest of the from another,
general tax taken next before such contract.

Sect. 12. And be it further enacted, That when any public bridge shall require The repairing
...,,,,!, r •> c i • of bridges pro-

repairmg, it shall be the duty ol tne commissioners, or any one or tliem, to give vided for.

notice in writing thereof to the undertaker, or one of his securities, stating the repairs
necessary to be made, and requiring the same to be made within a reasonable time, to
be set forth in the said notice ; and if the same shall not be made within such time,
such commissioner or commissioners shall employ some other person or persons forth-
with to make such repairs, and shall, immediately thereafter, issue an execution against
such undertaker and his securities, for the amount given for the said repairs, with cost.

Sect. 13. And be it further enacted, That when any commissioner, appointed for when a coni-
'letting out any public bridge, under and by virtue of this act, shall undertake the build- pointed^ let

790

ROADS AND BRIDGES. 1818.

(No. 499.) ing and keeping in repair the same, or shall become the security for any other person so
any public undertaking, the powers of such commissioner shall from thenceforward cease and de-
comes 'the un- termine, and the Inferior Court of the county shall appoint one other in his room.

dertaker, or • ,

a security for the undertaker, his place shall be vacated, &c.

Commission- Sect. 14. And be it further enacted, That in all cases where the justices of the Infe-

ers liable to a . „, , ir «• •• • i • . ,. .

fine not ex- rlor Courts have, or may herearter appoint commissioners m their respective districts,

ceeding §60,^ accor(jing to the provisions of this act ; and the commissioners so appointed, shall,
rtuty. any time within twelve months after their appointment, neglect or refuse to discharge

the duties required by this act, and sufficient proof thereof being made to the Inferior
Court, shall be fined in a sum not exceeding sixty dollars, for every such refusal or ne-
glect of duty ; which fines, when collected, shall be by the Inferior Court appropriated
to the building and keeping in repair the public bridges within the county.

Sect.' 15. And be it further enacted, That when any of the commissioners as afore-
said shall resign, the justices of the Inferior Court, or a majority of them, shall, in
term time or vacation, appoint other fit and proper person or persons in their stead, who
shall be subject to the like services and penalties as pointed out by this act, and shall
also continue to discharge the duties required of them, for the term of one year from the
date of their appointment, and until they shall signify their resignation to the justices
of the Inferior Court.

Vacancies by
resignation,
how filled.

\ acancies by
death, remo-
val, &c.

Sect. 16. And be it further enacted, That in case where any vacancy may happen by
death, removal or other disability, the justices of the Inferior Court, or a majority of
them, shall proceed to fill such vacancy, either in term time or vacation ; and the person
so appointed shall be subject to the like duties and penalties as all other commissioners
are, appointed by virtue of this act.

Commission- Sect. 17. And be it further enacted, That the commissioners so appointed, or a majo-

CVS sllclll llC3.F

and determine rity °f them, shall hear and determine on all cases of default, for neglect of duty
faukaSeS required by this act : Provided, such hearing and determining shall be within thirty days

Proviso. after such default : Provided, the party in default shall have ten davs notice, in writing,

from the overseer, to be left at his usual place of residence, of the time and place of

hearing and determining such default.

Appropriation Sect. 18. And be it further enacted, That all monies collected by virtue of this act,
lected under except such as are otherwise provided for, shall be by the commissioners aforesaid paid
s act. mto tyle hands of the clerk of the Inferior Court, to be applied to the repairing the pub-

lic bridges and causeways.

riMnfln t*m\

ROADS AND BRIDGES. 1818.

791

..:,:■ "T

=====

Sect. 19. And be it further enacted, That in all cases, where commissioners have (No. 499.)

been, or may hereafter be appointed, for the purpose of reviewing any new road intended ^^s6^r<

to be laid out, and shall report to the Inferior Court the propriety of opening the same, dew for open

the said court may, if they or a majority of them deem it advisable, pass an order for in certain 9 ■

cases,
opening such road. JlflH^^HVN. % I$|

Proceedings
against com-
missioners,
who shall ne-
glect or re-
fuse to dis-
charge the
duties requh
ed of them.

Se^t. 20. And be it further enacted, That in case any commissioner or commissioners,
appointed by virtue of this act, shall neglect or refuse to discharge the duties required
of them, as pointed out by this act, and information thereof being lodged with the jus-
tices of the Inferior Court by any person, it shall be the duty of the said court to notify
such commissioner or commissioners of such information ; and unless excuse be offered
to the satisfaction of the justices of said court, or a majority of them, within thirty
days after such notice being given, they shall direct the clerk to issue execution against
any such delinquent commissioner or commissioners, for the sum for which he had laid
himself or themselves liable, as pointed out by this act, directed to any constable in the
district* where such commissioner may reside, for collection of said fine, and to return
the same at the next term of the said court ; for which services the constable collecting
and returning the same shall receive from the justices of the Inferior Court the usual
fees out of the money so collected.

Sect. 21. And be it further enacted, That from and after the first day ol June next, Overseers ot

' . p , ri- roads leading

it shall be the duty of all overseers of roads, leading from the court-house ot their from court-
respective counties within this state, in addition to his duties herein required of them by qS^fd tomea-
this act, to measure all that part of the road to which they may be appointed overseers, su^Vhgesta™^
commencing at the said court-house, and at the end of each mile to set up a post or mark mile-posts,
on some conspicuous place, which shall designate the number of miles from thence to
the court-house as aforesaid.

Sect, 22. And be it further enacted, That where it shall so happen, that in measuring what shall be
from the court-house as aforesaid to the end of the district to which they are appointed the'overseer
overseer, and the distance shall not be an equal number of miles, the overseer of the cor?es_t1°. th,e

*■ 7 end or his dis-

same road, in the next adjoining district, shall be compelled to commence at the last trict, if the dis-
tance be not
mile-post in the district thus measured, unless such district shall end at some county au equal num

line ; then and in that case the overseer of such district shall, by some post or mark,

designate the distance from such county line to the court-house of their respective

counties as aforesaid.

Sect. 23. And be it further enacted, That it shall be the duty of all overseers as Sign-posts t<§

aforesaid, at the fork of each public road within their respective districts to place or t]le for^s 0f

post up, in some conspicuous place, a board or other mark, designating on the same the P11
most public place to which each road directs.

792 ROADS AND. BRIDGES. 1818.

(No. 499.) Sect. 24. And be it further enacted, That all public roads, leading from any sea-port

Roads leading- or otner town, shall be measured from thence until it intercepts the first court-house or

trom a sea- L

port or other county town.

town, how " " • . - . ,,..
measured.

When a road Sect. 25. And be it further enacted, That when any public road as aforesaid shall be

is altered, the

overseer shall altered, so as to make it necessary to remove any post, it is hereby made the duty of the

remove said r . , , A , . . . ,

posts, or set overseer of said road to remove such post, or set up others in such manner as to answer

up others. ^q purpose contemplated by this act.

Overseers lia- Sect. 26. And be it further enacted, That in case any of the overseers should fail or

ble to a fine . i i i • • , , , , , .

not exceeding- omit to measure, post and mark their respective roads, as contemplated by this act, or

nea'urin"01 omit to set UP sign-boards as above contemplated, shall forfeit and pay a sum not

said roads, Sec. exceeding twenty dollars, to be recovered as other fines before recited in this act, and

appropriated to the same purposes.

Commission- Sect. 27. And be it further enacted, That all public roads shall be laid out the* nearest

crs to desis"-

nate roads on and best way to the place to which they are intended, and that the commissioners of

quired by "the roao^s shall -be required in all cases to designate the same on oath, if required by the

court. court. Z2

Penalty for Sect. 28. And be it further enacted, That if any person or persons shall remove or

removinsr or

defacing said deface the said posts, boards or marks, they shall forfeit and pay a sum not exceeding

PQS-S> thirty dollars for each and every offence, to be recovered before any court having com-

petent jurisdiction of the same, one half to the county and the other half to the informer;
and if the same offence should be committed by a slave or slaves, or any free person or
persons of colour, he, she or they shall receive, on conviction, not exceeding thirty-nine
lashes, on his, her or their bare backs, to be inflicted by the order of any justice of the
peace of the district where the offence was committed.

Eft.' i

justices of the Sect. 29. And be it further enacted, That the justices of the Inferior Courts of each

Inferior Court . . . ' 1

shall hear and county in this state, or a majority ol them, shall have power and authority to near and

road matters determine on all matters which may come before them, relative to roads, bridges, &c. as

e.ithei in term are authorized bv law, either in term time or while sitting for ordinary purposes, or at
time, or whilst J ~> . i r

sitting as a any special meeting held for that purpose.
court of ordi-
nary, or at any special meeting for the purpose.

Said justices Sect. 30. And be it further enacted, That this act shall not be so construed, so as to

not required cause the iustices of the Inferior Courts, to lav out and designate again those districts
to designate J

anew those which have.heretofore been laid out and designated according to the requisitions of this act.
districts al-
ready laid out agreeably to the requisitions of this act.

\m •■ '

ROADS AND BRIDGES. 1818. 793

Sect. 31. And be it further enacted, That the commissioners so appointed shall keep a (No. 499.)

book, and enter down in writing all fines which may arise from default, and return the e,^™™msi£n"

same annually to the Inferior Court, in order to show the amount of fines, if any collected ; an entry of all

J m m fines in a book,

and in failing to comply with the requisitions as are herein stated, to be subject to a fine which shall be

not exceeding one hundred dollars, imposed by the court, collected as other fines, and nually to the

paid over to the clerk of the Inferior Court for county purposes. n enor Court.

not doing so.

Sect. 32. And be it further enacted. That the following counties, to wit : Richmond, Certain coun-
. ° ties exempt

Burke, Jefferson, Chatham, Bryan, MTntosh, Glynn, Camden, Liberty and Effingham from the ope-

shall be, and they are hereby declared to be exempted from the operation of this act.^ act.

Sect. 33. And be it further enacted, That the Inferior Courts shall have power to Power of the

TtitV* 1*1 ot*!"* oiiflfl

establish ferries, to rate the toll to be taken, as well of those already established as any relative to fer-
which may hereafter be established, within the several counties in which they may
severally reside : and generally all other matters relative to ferries, which may, in their
judgment, be of public utility, any law to the contrary notwithstanding : Provided Proviso.
nevertheless, that in all cases where the Inferior Court have, or shall establish a ferry
over any water-course, they are hereby authorized and required to cause every such
person to give bond and sufficient security, in such sum as they may think proper, con-
ditioned for their keeping in repair a good and sufficient flat and attendance.

Sect. 34. And be it further enacted, That the second section of an act, entitled An Apart of an

act of 1799
act to empower the Inferior Courts of the several counties in this state to order the declared to be

laying out of public roads, and to order the building and keeping in repair the public in e*

bridges, passed the 4th day of December, seventeen hundred and ninety-nine, be, and the

same is hereby declared in full force and effect, where the same is not repugnant to any

of the provisions of this act.

Sect. 35. And be it further enacted, That all road laws heretofore passed, from the Repealing

sixteenth of December, eighteen hundred and eleven, which militate against this law, be,
and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

clause.

This section repealed as to Jefferson county, by act of 1819, No, 501,

5 I

794 ROADS AND BRIDGES. 1819.

(No. 500.) AN ACT

To repeal an act, passed on the iSth day of December, eighteen hundred and
eighteen, (so far as relates to the county of Jefferson,) entitled " An act to au-
thorize the Inferior Courts of the counties of Richmond and Jefferson to adopt
such measures, in relation to the Roads and Bridges of their comities, as they
may think proper ; and to levy an extra tax, when in their opinion it may be
necessary, for repairing and keeping in repair, the said Roads and Bridges"
and to repeal the sixth section of said act.

Sect. 1. BM it enacted by the Senate and .House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

So much of That from and after the passage of this act, so much of the before recited act as re-

as relates to lates to Jefferson county be, and the same is hereby repealed, and its operation from this

county^re- date declared null and void,
pealed.

The 6th sec- Sect. 2. And be it further enacted, That the sixth section of the above recited act
tion of the re- , , , .'• \ , , ■,

cited act re- be, anc* the same is hereby repealed.

pealed,

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 30th November, 1819.

JOHN CLARK, Governor.

ROADS AND BRIDGES. 1819. 795

AN ACT (No. 501.)

To repeal so much of the thirty-second section of an act, entitled An act to alter
and amend the Road Laivs of this state, so far as respects the county of Jef-
ferson, passed on the \9th December, eighteen hundred and eighteen.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, and it is hereby enacted by the authority of the same, That from A part of the

recited 3,ct re*

and immediately after the passing of this act, the said thirty-rsecond section of the before iatiVe to Jef-
recited act be repealed, so far as relates to the county of Jefferson. repealed0111117'

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 21st December, 1819.

JOHN CLARK, Governor.

AN ACT (No. 502.)

To alter and amend the Sth section of an act, passed the 12th day of December,
eighteen hundred and fifteen, regulating Roads in the county of Glynn.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, that the treasurer of the acade- The treasurer
my of Glynn county shall pay over all monies that have been placed in his hands, for demy requir-
safe keeping, by the commissioners of the public roads in the county of Glynn, or that thePord°rsrof°

5 I 2

796 ROADS AND BRIDGES. 1819,

•■
(No. 502.) may hereafter be placed in his hands by said commissioners, to the orders of the justices

the justices of Q£ ^ Inferior Court of said county: all iaws militating against the provisions of- this

Court, all mo- act be, and the same are hereby repealed.

nies placed in

his hands by

the commis- ^^ '. -cttt^ a r> a ■«*■«

sionersofpub- DAVID ADAMS,

Uc roadSi Speaker of the House of Representatives.

MATTHEW TALBOT,

President of .the Senate,
Assented to, 21st December, 1819.

JOHN CLARK, Governor,

- *■

C 797 ]

SLAVES AND FREE PEOPLE OF COLOUR

■ AN ACT*

To establish a Tribunal. for the trial of Slaves within this state.

Sect. 1; BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, upon complaint being made to, slaves, how
or information received upon oath by any justice of the peace, of any crime having a„^ tried for
been committed by any slave or slaves, within the county where such justice is empow- °nences corn-
ered to act, such justice shall, by warrant from under his hand, cause such slave or them,
slaves to be brought before him, and give notice thereof, in writing, to any two or more
of the nearest justices of the peace of said county, to associate with him on a particu-
lar day in said notice to be specified, not exceeding three days from the date of said
notice, for the trial of such slave or slaves. And the justices so assembled shall forth-
with proceed to the examination of a witness or witnesses and other evidence ; and in
case the offender or offenders shall be convicted of any crime not capital, the said jus- Punishment,
tices, or a majority of them, shall give judgment for the inflicting any corporal punish-
ment, not extending to the taking away life or member, as in their discretion may seem

reasonable and just, and shall award and cause execution to be done accordingly; and If it should ap=

ii ' • i • .-•'■. < . ' . pear to the

in case it should appear to them, alter investigation, that the crime or crimes, wherewith justices that

such slave or slaves stand charged, is a crime or crimes for which he, she or they ought a capitai na_

to suffer death, such slave or slaves shall immediately be committed to the public ture the slave

J r shall be com-

mitted to jail,

'* See act of 1815, No. 504, which extends the jurisdiction of the tribunal herein established to offences
committed by free people of colour : but see more especially act of 1816, No. 508, " for the trial and punish-
ment of slaves and free people of colour,"

SLAVES AND FREE PEOPLE OF COLOUR. 181 i

(No. 503.) jail of said county, if any: Provided, it should be sufficient; or to the custody of the
Proviso. sheriff of said county ; or to the nearest sufficient jail thereto.

The manner
and time of
notifying' the
justices of the
Inferior Court,
&c. to meet
for the trial
of such slave,
prescribed.

Sect. 2. And be it further- enacted, That the said justices shall, within three days
next thereafter, give notice, in writing, to one of the justices of the Inferior Court of
said county, of such commitment, with the names of the witness or witnesses ; and
such justice of the Inferior Court shall, within three days after the receipt thereof, give
notice in writing, of such commitment, to the justices of the Inferior Court, or a majo-
rity of them, together, with the clerk of said court, requiring their attendance at the
court-house of said county, on a particular day in said notice to be specified, not exceed-
ing five* days from the date thereof, for the trial of such slave or slaves ; and shall
also, at the same time, direct, the sheriff of said county, whose duty it shall be to sum-
mon a jury of twelve free white persons of said county, to be drawn in the manner
hereinafter pointed out, to attend in like manner.

The justices, Sect. 3. And be it further enacted, That it shall be the duty of such justices, clerk

accordingly. and jurors, to attend accordingly ; and the . said court, when so assembled, shall cause

The charge, the clerkf of said court to commit the charge or accusation alleged against such slave

how and by . . • . •

whom made or slaves to -writing, therein particularly setting forth the time and place of the offence,

.out.

and the nature thereof.

A jury to be Sect. 4. And be it further enacted, That the said court shall cause twelve persons of
andPsworn.e those summoned to be empannelled and sworn (the usual oath on such occasions made
and provided) as jurors, to whom the said charge or accusation in writing, and the evi-
dence shall be submitted.

If the jury find
a verdict of
guilty, the
court shall
pronounce
sentence of
death, or a less
punishment.

Proviso.

Sect. 5. And be it further enacted, That the said jurors by their verdict shall say
whether such slave or slaves are guilty or not guilty ; and if the verdict of guilty should
be returned by such jury, the court shall immediately pronounce sentence of death by
hanging, or such other punishment not amounting to death : Provided, that the said
court, by their sentence so to be pronounced as aforesaid, shall not suspend such exe-
cution for more than thirty days, nor less than five days next after such sentence : Pro-
vided nevertheless, that in all cases where the sentence does not extend to death, the
punishment shall be inflicted as soon as convenient, at the discretion of said court.

* "Not exceeding 10 days." See act of 1816, No. 508, sec. 7.

f In all prosecutions for a capital offence against any slave or free person of colour, the clerk of the Inferior
Court shall act as the prosecuting officer. See act of 1817', No. 509, sec. 3.

SLAVES AND FREE PEOPLE OF COLOUR. 1811. 799

•

Sect. 6. And be it further enacted, That the said court, so constituted as aforesaid, (No. 503.)

shall immediately proceed to such trial, unless it should appear necessary for the said ^ioceed to °

court, either for the want of sufficient proof, or any other sufficient reason, to delay the tf^* unless

7 there be good

same as in their judgment may seem for the furtherance of justice. cause for a de-
lay thereof.

Sect. .7. And be it further enacted, That it shall be the duty of the clerk to make The clerk to
a record of the proceedings against such slave or slaves, separate and distinct from of the pro-
other records of his office, and • shall also issue subpoenas and other writs necessary to parate andf"

procure the attendance of a witness or witnesses, at the instance of either party ; and that dlftinct from

r . . 7 *..••• other records

in all cases respecting the admission of evidence against people of colour shall be the of his office,

. and shall issue

same as heretofore practised in this state. subpoenas, &c.

Admission of

evidence, the same as heretofore.

Sect. 8. And be it further enacted, *That the justices of the Inferior Court, at their Jurors, how-
regular terms, shall draw, in the manner pointed^ out by law, not more than thirty-six summoned.
nor less than- twenty-six jurors, twenty-four of whom shall be directed by such justice
of the court to be summoned as aforesaid, to attend at the day and place pointed out
for the trial of such slave or slaves, in manner aforesaid ; and in case a sufficient num-
ber of those summoned should not attend, the said court shall direct the pannel to be
made up by talismen ; and all defaulting jurors so summoned, in the manner pointed Talismen.

out by this act, shall be fined as in other cases pointed out by law : Provided neverthe- Defaulting ju

J l J rors to be

less, that in case of failure in the Inferior Court to draw such jury at their regular term, fined as in
they, or any two of them, are hereby authorized to draw the same at any time there-
after, as circumstances may require.

Sect. 9. And be it further enacted, That the owner or manager of such slave or Challenging

slaves shall have the right of challenging seven of the said number summoned, and the gUiTte& **"
said court five, on the part of the state, and the remaining twelve shall proceed to the
trial of such slave or slaves.

* So much of this section as relates to the drawing of jurors is repealed, and another provision in lieu
thereof substituted, by the 9th section of the act of 1816, No. 508,

300 SLAVES AND FREE PEOPLE OF COLOUR. 1811, 1815.

(No. 503.) Sect. 10. And be it further enacted, That all laws or parts of laws heretofore passed
on this subject militating against this act be, and the same are hereby repealed.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

(No. 504.) AN ACT*

To point out the mode of Tiial of offences committed by Free Persons of Colom\

BE it enacted by the Senate and House of Representatives of the state of Georgia,

in General Assembly met, and it is hereby enacted by the authority of the same, That

The act of an act passed at Milledgeville, on the 16th day of December, 1811, entitled An act to

lishing a tri- establish a tribunal for the trial of slaves within this state ; the court therein established

trial of slaves '*s hereby made a tribunal for offences committed by free persons of colour, to all intents

extended to an(j pUrp0ses as if the words free persons of colour had been inserted in the caption, and

free people of r r r r

colour. every section of the said act to establish a tribunal for the trial of slaves within this

state.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 23d November, 1815.

D. B. MITCHELL, Governor.

* See act of 1816, No. 508.

■*

SLAVES AND FREE PEOPLE OF COLOUR. 1815.

801

AN ACT

(No* 505.

To alter and amend the third ^section of an act, entitled An act prescribing the
mode of manumitting Slaves in this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority aforesaid-)

That so much of the third section of the above recited act as prohibits the clerks of the A part of the

recited fjict re ■
several courts of ordinary from recording any deed of manumission, or other paper p£aie(j.

which shall have for its object the manumitting and setting free any slave or slaves,

under a certain penalty for so doing, so far as the same relates, or is construed to relate,

to last wills and testaments, be, and the same is hereby repealed.

Sect. 2. And be it further enacted, That it shall and may be lawful for the clerks of Clerks of the

the several courts of ordinary in this state, and it is hereby made their duty to record Z$*2T

any last will and testament which may be offered for record : Provided, such last will las^wilfarid

testament.
Proviso.

or testament does not have for its object the manumission of slaves only.

Sect. 3. And be it further enacted, That all acts and parts of acts militating against RePeanng
this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 8th December, 1815.

D. B. MITCHELL, Governor.

* See second section of the act of 1818, No. 512.

5 K

flimrii -||i~tt-ifc^.~«-

SLAVES AND FREE PEOPLE OF COLOUR. 1815.
I

(No. 506.)

AN ACT

To compel owners of old or infirm Slaves to maintain them.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.

That from and after the passing of this act it shall be the duty of the Inferior Courts of

the several counties in this state, on receiving information, on oath, of any infirm slave or

slaves being in a suffering situation, from the neglect of the owner or owners of such

suffering con- slave or "slaves, to make particular inquiries into the situation of such slave or slaves,
dition.

and render such relief as they in their discretion may think proper.

Duty of the
Inferior
Courts, rela-
tive to infirm
slaves in a

Said courts
may sue and
recover from
the owner of
such slave the
amount of any
appropriation
made hy themt

Sect. 2. Be it- further enacted, That the said courts may, and they are hereby
authorized to sue for and recover from the owner or owners of such slave or slaves, the
amount that may be appropriated for the relief of such slave or slaves, in any court hav-
ing jurisdiction of the same, any law, usage or custom to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to, 12th December, 1S15.

D. B, MITCHELL, Governor.

.»■■

SLAVES AND FREE PEOPLE OF COLOUR. 1816.

803

AN ACT*

fNo. 5or.>

To prohibit Slaves from selling certain commodities therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the first day of January next, if any person or persons shall buy or
receive from any slave or slaves any money, cotton, tobacco, wheat, rye, oats, or corn,
without a ticket authorizing such slave or slaves to dispose of such money, specially
specifying the sum so intended to be laid out, the quantity of cotton, tobacco, wheat,
rye, oats or corn which such slave or slaves may intend to dispose of, from his, her or
their owner or overseer or overseers, as the case may be, such person or persons so
offending shall forfeit and pay to the informer, on conviction thereof before any one or
more justices of the peace of the district where such crime was committed, or of the
county wherein such district may be, the sum of fifteen dollars, and to one of. the pre-
siding justices of the peace upon such trial, the further sum of fifteen dollars, to be
recovered by execution and sale, in the usual and summary way of justices' courts, to-
gether with all legal cost, for county purposes, or for the use of the poor of the county
where such offence may have been committed, under the direction of the Inferior Court
of each county where such offence was committed: Provided nevertheless, that where
either party may feel themselves aggrieved, they or either of them shall be entitled to an
appeal to a jury of said district; which trial and after proceedings shall be held and
conducted in the same way and manner as other appeal cases are conducted before
justices of the peace.

Persons re-
ceiving mo-
ney, or buying
cotton, tobac-
co, wheat, rye,
oats, or corn,
from a slave,
without a tick-
et from the
owner, &c.
how punished

Proviso, as to
appeals.

Sect. 2. And be it further enacted, That if any person or persons shall purchase any
of the aforesaid articles from any slave or slayes, with or without.a lawful ticket, after
sunset and before sunrise, or on the Sabbath day, he, she or they shall be held, deemed
and considered guilty, as fully and effectually as if no such showing or ticket was made
or existed.

Sect. 3. And be .it further enacted, That if any slave or slaves, mulatto or free person
of colour, shall purchase any of said commodities from any slave or slaves whatsoever,
without the special permission of the owner, manager or overseer of said slave or slaves,
he, she or they shall, on conviction thereof, before any justice or justices of the peace

* This act is altered and amended by act of 1818,' No. 511, which is the operative law on this subject.

5 K 2 'J*.

Persons pur
chasing1 said
articles of a
slave, with or
without a tick-
et, after sunset
and before
sunrise, or on
the Sabbath,
deemed guilty.

Any slave,
mulatto, or
free person of
colour, who
sha'll purchase
any of said1
commodities
from a slave,
without per-
mission from
the owner, «c.
how punished.

304 SLAVES AND FREE PEOPLE OF COLOUR. 1816.

(No. 507.) for the county where such offence was committed, receive on his, her or their bare back
thirty-nine lashes, to be well laid on, by any constable of said county, from and after the
first day of January next.

Repealing Sect. 4. And be it further enacted, That all laws and parts of laws that militate

clause.

against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

(No. 508.> . AN ACT*

For the trial and punishment of Slaves and Free People of Colour.

Sect. 1. BE it enacted by the Senate and House of Representatives of the General

Assembly of the state of Georgia, and it is hereby enacted by the authority of the samey

What shall be That the following shall be considered as capital offences, when committed by a slave or

capital offen- . ....

ces, when free person of colour: insurrection, or any attempt to excite it; poisoning, or attempting

aTlave or free to poison ; committing a rape, or attempting it, on a free white female ; assaulting a free
person of co- white person with intent to murder, or with any weapon likely to produce death ; maim-
ing a free white person ; burglary, or arson of anjr description, as contained in the penal
code of this state ; murder of another slave or free person of colour ; every and each of
Punishment, these offences shall, on conviction, be punished with death. And if any free person of
Free persons colour commits the offence of inveigling or enticing away any slave or slaves, for the

OI COlOUTj WIlO ■}

shall entice or purpose of, and with the intention to- aid and assist such slave or slaves, leaving the

inveigle away . . ' x

a slave, how service of his or their owner or owners, or in going to another state, such person so

offending shall, for each and every such offence, on conviction, be confined in the peni-
tentiary at hard labour for jone year, and at the expiration of their imprisonment, to be
sold to the highest bidder as a slave, for and during the term of their^atural lives.

* See act of 1817, No. 509, amendatory of this act.

SLAVES AND FREE PEOPLE OF COLOUR. 1816. &05

Sect. 2. And be it further enacted by the authority aforesaid, That all other offences (No. 508.)

committed by a slave or free person of colour, either against persons or. property, or fenc°es "„."

against another slave or person of colour, shall be punished at the discretion of the court fitted by
- r r slaves, or tree

before whom such slave or person of colour shall Jje tried; such court having in view people of co-
lour, are pun-
the principles of humanity in passing sentence ; and m no case shall the same extend to ishable at the
, . f i • i discretion of

hie or limb. the court, but

the sentence shall not extend to life or limb.

Sect. 3. And be it further enacted by the authority aforesaid, That in every case of The execu-

r ti°n °f the
conviction for a capital felony, the owner of the slave or guardian of the free person of sentence in

colour convicted, may apply to the court before which the conviction shall have taken cases m be

place, and obtain a suspension of the execution of the sentence, for the purpose of applying J[JspelJJ?ed' *°*f

to the Governor for a pardon ; and it shall be in the power of the Governor to grant such applying for a

it • I, pardon,
pardon, or to commute the punishment of death for that of imprisonment for life in the Tile Governor

penitentiary, or for such a period of time as he may think*proper to order and direct.* pardoner*

commute the
punishment.
Sect. 4. And be it further enacted by the authority aforesaid, That on a conviction in cases not

for any other offence, not punishable with death, the court may at its discretion grant a COurt may in

suspension of the execution of the sentence, for the purpose of enabling the owner of a lts dlscretion

slave or guardian of a free person of colour to applv to the Governor for a pardon, or a execution of
. . . . . the sentence

commutation of the punishment, in such manner and upon s"uch terms and conditions as for the pur-
, i • % t pose afore-

he may think proper to direct. said.

Sect. 5. And be it further enacted by the authority aforesaid, That on the trial of a Competency

t • /-i of witnesses,

slave or free person of colour, any witness shall be sworn who believes m God and a

future state of rewards and punishments.

Sect. ,6. And be it further enacted by the authority aforesaid, That every slave or Slaves and

r re ... ' free people of

free person of colour, charged with any offence contained in this act, shall be arrested colour, how

and tried, pursuant to an act, entitled An act to establish a tribunal for the trial of slaves
within this state, passed the 16th day of December, 1811, and the 7th, 8th and 9th sec-
tions of this act, and shall receive sentence agreeable to the requisitions contained in
this act'.

Sect. 7. And be it further enacted, That from and after the first day of March next, Duty of the

that when any justice of the Inferior Court shall have received notice of the commit- inferior

Court who

* So much of this section as relates to the commutation of punishment, is repealed by the 1st section of the
?iet of 1817, No. 509.

« "fe&fit

^06 SLAVES AND FREE PEOPLE OF COLOUR. 1816.

— — — -

(No. 508.) ment of any slave or slaves, or free person or persons- of colour, (under the descrip-

shall ha^f tion of a free negro or negroes, mulatto or musteezoes,) to jail, in pursuance of the se«

(in pursuance cond section of an act, entitled An act to establish a tribunal for the trial of slaves in

of an act of

1811) of the this state, passed the 16th day of December, 1811 ; that it shall be the duty of the said

to jail of any justice of the Inferior Court, within three days after the receipt thereof, to give notice

DersorTofco *n wr*tmS °f sucn commitment, to the justices of the Inferior Court, or a majority of

lour" them, together with the clerk of said court, requiring their attendance at the court-

• house of said county where such slave or slaves, or person or persons of colour, as

aforesaid, may have been committed, on a particular day in said notice to be specified*

in writing, not exceeding ten days from the date of said notice.

Passing- of Sect. 8. And be it further enacted, That where any jury may find a verdict of guilty

sentence may . . , , ,, . r . . .

be suspended against any such slave or slaves, or person or persons ot colour as aforesaid, m pursu-

or wo days. ance Qf tne 5tn section of the act referred to in the preceding section, it shall and may
be lawful for the said court to suspend the passing sentence against such slave or slaves,
or person or persons of colour as aforesaid, for any term of time not exceeding two
days.

A part of the Sect. 9. And be it further enacted, That so much of the-8th section of the before re-
relative to the c^tecl- act> as requires the justices of the Inferior Courts in this state to draw a jury of

drawing of thirtv-six, at their regular terms, for the trial of such slave or slaves, or person or per-?

jurors, repeal- J '■'■'-, °

ed, and an- sons of colour as aforesaid, shall be, and the same is hereby repealed ; and in lieu of

other provi- _ ... .

sion substitut- such regular drawing of jurors, it shall be the duty of such justices, or a majority of

them, forthwith after being notified of such commitment as aforesaid, to cause to be
drawn fairly and impartially from the jury-box, the names of persons subject to serve
as jurors, not less than twenty-six, nor more than thirty-six jurors, who shall be sum-
moned according to the requisitions of #the before recited. act, to attend at the time and
place pointed out for the trial of such, slave or slaves, or person or persons of colour,
by the said justices of the Inferior Court.

Hepealim? Sect. 10. And be it further enacted by the authority 'aforesaid, That all laws or

i .

parts of laws repugnant to this act be, and {he same are hereby repealed.

, BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate

Assented to, 19th December, 1816.

D. B. MITCHELL, Governor,

_*«_t^^ft»*riH*

SLAVES AND FREE PEOPLE OF COLOUR. 181?.

807

AN ACT

(No. 509.)

To amend an act, entitled An act for the Trial and Punishment of Slaves and
Free Persons of Colour, assented to the 19th day of December; 1816.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Qeorgia, in General Assembly met, and it is hereby enacted, That so much of the third
section of the above recited act, as authorizes the Governor to commute the punish-
ment of death for that of imprisonment in the penitentiary, be, and the same is hereby
repealed.

A part of the
3d section of
the recited
act relative to
the commuta-
tion of punish-
ment repeal-
ed.

Sect. 2. And be it further enacted, That in all cases where the jury, on the trial of Sentence
any slave or free person of colour, shall return a verdict of guilty, the court shall pass
the sentence of death on such slave or free person of colour, agreeable to the requisi-
tions, and subject to the same restrictions as are required by the before recited act, or
proceed to inflict such other punishment as in their judgment will be most proportionate
to the offence, and best promote the object of the law, and operate as a preventative for
like offences in future.

Sect. 3. And be it further enacted, That in all prosecutions for a capital offence In capital

against any slave or free person of colour, the clerk of the Inferior Court shall act as slaves, &c.

the prosecuting officer in behalf of the state, ' tllg inferior

Court shall
act as prosecuting officer

Sect. 4. And be it further enacted, That all laws militating against this act be, and Repealir

* * clause

the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor,

Assented to, 19th December, 1817.

808

SLAVES AND FREE PEOPLE OF COLOUR. 1817.

(No. 510.) AN ACT

For disposing of any such Negro, Mulatto or Person of Colour, who has been or

may hereafter be imported or brought into this state, in violation of an act of the

United States, entitled " An act to prohibit the importation of Slaves into any

port or place within the jurisdiction of the United Stales, from and after the first

day of January, 1808."

The Governor
authorized to
appoint an
agent to go to
such ports, &c<
where there
may be any
negroes, &c.
seized or con-
demned under
the recited
act, and sub-
ject to the
control of the
state; who
shall receive
and convey
said negroes
to Milledge-
ville.

The Governor
authorized to
have said ne-
groes sold.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That it shall be
lawful for his excellency the Governor, and he is hereby authorized to appoint some fit
and proper person to proceed to all such ports and places within this state as have, or may
have, or may hereafter hold, any negroes, mulattoes or persons of colour, as may have
been, or hereafter may be seized or condemned under the above recited act of Congress,
and who may be subject to the control of this state; and the person so appointed shall
have full power and authority to ask, demand an.d recover and receive all such negroes,
mulattoes, or persons of colour, and to convey the same to Milledgeville, and place
them under the immediate control of the executive of this state.

Sect. 2. And be it further enacted, That his excellency the Governor is hereby em-
powered to cause the said negroes, mulattoes or persons of colour to be sold, after giving
sixty days notice in a public gazette, in such manner as he may think best calculated for
the interest of this state.

The coloniza-
tion society
may be per-
mitted to
transport such
negroes, See.
upon certain
terms.

»ne

^ -"**

Sect. 3. And be it further enacted, That if, previous to any sale of any such persons
of colour, the society for colonization of free persons of colour within the United States
will undertake to transport them to Africa, or any other foreign place which they may
procure as a colony for free persons of colour, at the sole expense of said society, and
shall likewise pay to his excellency the Governor all expenses incurred by the state since
they have been captured and condemned, his excellency the Governor is authorized and
requested to aid in promoting the benevolent views of said society in such manner as he
may deem expedient.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor.

Assented to, 19th December, 1817.

in -iiiiniflwmiirt t ■ -

SLAVES AND FREE PEOPLE OF c'OLOUR. 1818. 809

AN ACT (No. 511.)

To alter and amend an act, entitled " An act to prohibit Slaves from selling certain
commodities therein mentioned" passed the l&th December, 1816.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, That from and after the passage of this act, if any Persons re-

■ r ceiving of any

person or persons shall buy or receive from any slave or slaves any amount or money sjave any

exceeding one. dollar, cotton, tobacco, wheat, rye, oats, corn,, rice^ or poultry of any n^yexceed?ng

description whatever, or any other article, commodity or thing (except such as are herein S1* °,r who

after enumerated, to wit : brooms, baskets, foot and bed-mats, shuck collars, and such thing (certain

, articles ex-
Other thing or things, article or articles, as are known to be manufactured or vended by Cepted) of any

slaves for their own use only,) without a ticket authorizing such slave or slaves to dispose l^oplv tick-

of said money or other article, which ticket such person so trading is and are hereby et from the

required to keep for his or their only justification, which such slave or slaves may intend in what way

_ .-.. '. . iriv i r r ^- proceeded

to dispose of, specifying the amount or quantity so intended to be disposed ol from his, against.

her or their owner, overseer or employer, such person or persons so offending, on in-
formation made on oath, in writing, before any judge of the Superior Court, justice of
the Inferior Court, or justice of the peace, charging the commission of said offence, it
shall then be the duty of such officer, before whom such information shall have been
made, to grant and issue his warrant, directed to all and singular the sheriffs and con-
stables of said state, requiring them to apprehend the body of the said person or persons
so charged, and take him, her or them before the officer issuing said warrant, or some
other judge of the Superior Court, justice of the Inferior Court, or justice of the peace
in the county where the party so charged may be apprehended ; whose duty it shall be to
bind the person or persons so charged, in a bond with good and sufficient security, for
double the amount of the penalty for the offence, over to the next Superior Court in the
county where the offence may have been committed, for the personal appearance of said
party so as aforesaid charged.

Sect. 2. And be it. further enacted, That if the party so charged fail to give sufficient If the person

r i . , , . , , r, ^ charged fail

security for his, her or their personal appearance at the next bupenor Court, to answer to o.\ye seCu-

said charge, it shall then be the duty of the officer before whom such person -or persons nty hisap-
07 .*..-.--* ^ pearauce at

shall stand charged, to commit him, her or them to the common jail in the county where the next Supe-

° . / ;' . J rior Court, he

the offence shall have been committed, and should there be no jail in that county, to the shall be com-

r i ...,._ ,, , ,. . , .,, , mitted to jail.

most safe and convenient jail in any of the adjacent counties, there to remain till the

next Superior Court in the county where said offence is charged to have been committed,

or until they shall give bail.

5 L

310 SLAVES AND FREE PEOPLE OF COLOUR. 1818.

(No. 511.) Sect. 3. And be it further enacted, That it shall be the duty of the attorney general

Such person Gr solicitors general, in their respective circuits, to cause the party or parties so recog-
shall be indict- . , Q

ed, and on con- nised or held in custody for a violation of this act, to be indicted for said offence; and on
notmore than conviction, the court shall impose a fine of not more than five hundred dollars, with the
costs 'and im- cost °^ tne prosecution, and imprisonment in the common jail of the county, or some other

prisoned in safe an(j convenient iail, for a period not longer than six months.

jail not long- j 7 i , o

er than six

months. , it

What shall be Sect. 4. And be it further enacted, That if any slave or slaves shall be found in any

presumptive store-house or tipling shop, unless sent by his, her or their owner, overseer or employer,

violation of after the hour of nine o'clock at night, or before daybreak in the morning, or on the
this net*

Sabbath-day, it shall be taken and received as presumptive evidence against the person

or persons owning, or person keeping the store or tipling shop, of a violation of this act ;

which presumption may be rebutted by any other circumstances in favour of the accused.

Slaves or free Sect. 5. And be it further enacted, That if any slave or slaves, or free persons of
Fom^how pun- coloiii-, shall purchase or buy any of the aforesaid commodities from any slave or slaves,

ished for pur- ^ s^e or thev on conviction thereof before any justice of the peace, contrary to the

chasing any 01 J~7 'r ' - . .

the said com- true intent and meaning of this act, shall receive on his, her or their bare back or backs

modities of a .

slave, contrary thirty-nine lashes, to be well laid on by any constable of said county, or other person

of this act. appointed by the justice of the peace for that purpose: Provided, that nothing herein

contained shall prevent any slave or slaves from selling poultry at any time, without a

ticket, in the counties of Liberty, McIntosh, Camden, Glynn and Wayne.

Duty of the Sect. 6. And be it further enacted, That it shall be the duty of the judges, at the

tive^to'thls*" commencement of every court, to give in charge to the grand jury the substance and
act- intention of this act.

Selling goods Sect. 7. And be it further enacted, That if any person should sell or deliver to any
deemed a vio- s^ave or slaves, any goods, wares or merchandize, or any other thing or things, unless
latum of this }t ^e at the time and in exchange for some article or articles, and which the owner Or
manager of such slave or slaves may have authorized him, her or them to trade or
deal in, according to the provisions of this act ; such person so offending shall be ad-
judged, deemed and held to be guilty of a violation of this law, and may be indicted
for the same ; and on conviction, shall suffer the same punishment as is herein before
pointed out, to be inflicted on persons offending against the provisions of this act.

SLAVES AND FREE PEOPLE OF COLOUR. 1818. 8'11

Sect. 8. And be it further enacted, That from and after the passing of this act, all (No. 511.)
laws or parts of laws militating against this act be, and the same are hereby repealed. Repealing

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

• President of the Senate. '

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT* (No. 512.)

Supplementary to, and more effectually to enforce an act, entitled Jin act prescrib-
ing the mode of manumitting Slaves in this state, to prevent the future migra-
tion of Free Persons of Colour thereto, to regulate such Free Persons of
Colour as now reside therein, and for other purposes.

WHEREAS, the principles of sound policy, considered in reference to the free citi- Preamble,
zens of this state, and the exercise of humanity towards the slave population within the
same, imperiously require that the number of free persons of colour' within this state
should not be increased by manumission,' or by the admission of such persons from other
states to reside therein : And whereas, divers of persons of colour, who are slaves by
the laws of this state, having never been manumitted in conformity to the same, are
nevertheless in the full exercise and enjoyment of all the rights and privileges of free
persons of colour, without being subject to the duties and obligations incident to such
persons, thereby constituting a class of people, equally dangerous to the safety of free
citizens of this state, and destructive of the comfort and happiness of the slave popu-
lation thereof, which it is the duty of this legislature, by all just and lawful means, to
suppress :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the act herein before referred to shall be strictly enforced ; but the penalties The recited

act to be strict"

therein prescribed, except where the same shall be otherwise provided for by this act, iy enforced,

See act of 1819, No. 516, amendatory of this act.
5 L 2

12 SLAVES AND FREE PEOPLE OF COLOUR. 1818,

(No. 512.) shall be increased to five hundred dollars for each and every offence inhibited by the

rhe penalties g^j act . anci snar^ together with such penalties as are prescribed by this act, and the

creased to proceeds of all sales directed hereby, after deducting costs, be appropriated, one half to

§500, except . ' •■«, . ' •

where this act the use of the person suing or prosecuting for the same, and the other half to the use of

the contrary. ^ie county in which the offence is committed, except in the city of Savannah, where the

Said penalties, half of such penalties hereby appropriated to the use of the county, shall be appropri-

with those pre- # .

scribed by this ated and paid over to the use of that corporation.

act, and the .

proceeds of all sales directed thereby, how disposed of.

Construction Sect. 2. Be it further enacted, That the third section of the said act herein before

section of the referred to, shall be construed to extend to inhibit the recording only of so much of

recited act. any instrument (as -is therein described) as shall relate to the manumitting or setting-
free of any slave or slaves. %

Free persons Sect. 3. Be it further enacted, That from and after the passing of this act, it shall

tain descrip- not De lawful for any free person of colour, (Ind ians in amity with the state, and regu-

tions except- jarjy articled seamen or apprentices, arriving in any ship or vessel, excepted,) to come

frcm coming into this state: and each and every person or persons offending herein shall be liable

into the state. ■ / r r ...

Offenders to be arrested by warrant, under the hand and seal of any magistrate in this state, and

subject to ar- benig thereof convicted in the manner herein after pointed oat, shall be liable to a penalty

conviction, ha- uo^ exceeding one hundred dollars; and upon failure to pay the same within the time

ble to a penal- '".■•,.■■

ty-not exceed- prescribed in the sentence awarded against such person or persons, he, she or they shall

u * f T ^e ^aD^e to be sold by public outcry, as a slave or slaves, in such manner as may be

to pay the prescribed by the court awarding such sentence ; and the proceeds of such sales shall

same, shall be L ^ J "J f

liable to be be appropriated in the manner provided for the appropriation of penalties recovered

outcry. under this act : Provided, that any person or persons, who shall have been convicted

Proceeds of under this section, and shall have complied with the sentence awarded against him, her

the sale, how l °

appropriated, or them, by payment of the penalty or penalties, shall be liable to a new prosecution,

who upon G1' altl<^ to a^ t^le Pams and penalties herein prescribed, as often as he, she or they shall be

conviction, found within the limits of this state, after the expiration of twenty days from the time

shall have paid , ■ • r .

the penalty of his, her or their discharge from such previous prosecution : And provided moreover,

against him or that any articled seamen or apprentice as aforesaid, who may. be found in the limits of

s^bieclTto a6 ^'ls state5 after the expiration of twenty days from the departure of the ship or vessel

new prosecu- jn whicn ne may have arrived, or after his discharge from such ship or vessel, shall be

"tlOHj oCC« So

often as he or liable to all the pains and penalties of this act.

she may be

found in the state after 20 days from the time of being dischai'ged, &c. Proviso, as to articled seamen and apprentices.

Every will and Sect\ 4. Be it further enacted, That all and every will and testament, deed, whe*

testament, ' ' ,

deed, instru- ther by way of trust or otherwise, contract, agreement or. stipulation, or other instru-

ing, he. in- " w-^r^ 'l^ writing, or by parol, made and executed for the purpose of effecting, or endea-

SLAVES AND FREE PEOPLE OF COLOUR. 1818. 313

vouring to effect the manumission of any slave or slaves, either directly by conferring, or (No. 512.)

attempting to confer freedom on such slave or slaves, or indirectly or virtually, by allow- *^dtlJ°

ing and securing, or attempting to allow and secure to such slave or slaves the right or manumission

privilege of working for his, her or themselves, free from the control of the master or declared null

owner, of such slave or slaves, or of enjoying the profits of .his, her or their labour or

skill shall be and the same are hereby declared to be utterly null and void ; and the Persons exe^

. . ' . . cuting such

person or persons so making or executing any such deed, contract, agreement, stipu- deed, &c. and

lation or other instrument in writing, or by parol, and all and every person or persons ^°™c™ h°n™d

concerned in giving, or attempting to give effect thereto, whether by accepting the trust pose, liable

thereby created, or attempted to be created, or in any other way or manner whatsoever, penalty not

exceeding

shall be severally liable to a penalty not exceeding one thousand dollars, to be recovered

in the manner herein after pointed out ; and each and every slave or slaves in whose slaves whose

, , . t » .-, : •'. '. manumission

behalf such will or testament, deed, contract, agreement or stipulation, or other mstru- is thus at_

ment in writing or by parol shall have been made, shall be liable to be arrested by warrant tempted, how
under the hand and seal of any magistrate of this state, and being thereof convicted in
the manner herein after prescribed, shall be liable to be sold as a slave or slaves, by pub-
lic outcry ; and the proceeds of such sales shall be appropriated in the manner prescribed
by the first section of this act.

Sect. 5. And be it further enacted, *That all and every free person or persons of Free persons
.,; ,. ".,.',. ,. c . . r t ' 1 of colour re-

colour residing or being within this state, at the time 01 the passing 01 this act, and con- qUU.e{| to be

tinuing or being therein on the first day of March next, except as herein before excepted, ann"au7 re-

shall, on or before that day, and annually on or before the first Monday in March, in each

and every succeeding year which they shall continue within the limits of this state, make

application to the clerk of the Inferior Court of the county in which they reside ; and it Duty of the

clerks of the
shall be the duty of said clerk to make a registry of such free person or persons of inferiorCourts

Colour in a book by him to be kept for that purpose, particularly describing therein the rerfstryofthe
names, ages, places of nativity and residence, time of coming into this state, and occupa- same«
tion or pursuit of such free person or persons of colour ; and such clerk shall be entitled
to demand and receive fifty cents for each and every person or persons so registered as
aforesaid, and for granting a certificate thereof, which he shall in like manner be bound
to do, on or before the first Monday in May thereafter, if no person shall appear to gain-
say the same ; and to the intent that all persons concerned or interested therein may have
due notice thereof, it shall be the duty of such clerk forthwith, after the said first Mon-
day in March, in each and every year, to cause to be published in one or more of the
public gazettes of the county, or, in counties where there are no gazettes, in some one or

* See act of 1819, No. 516, section 1st, by which free persons of colour, who failed to comply with this act,
are exonerated from its penalties, &.c. provided they do comply with its provisions on or before the first Mon-
day in July (then) next, and annually thereafter on the first Monday in July.

314, SLAVES AND FREE PEOPLE OF COLOUR. 1818.

(No. 512.) more of the gazettes of the state, a list of such free persons of colour applying for regis-
try, with notice that certificates will be granted to such applicants, if no objections are"
made thereto, on or before the second Monday in April thereafter ; and each and every
person desirous of objecting thereto shall file such his objections in the office of such
clerk within the time specified in such notice ; which proceedings shall be by the said
clerk notified to the justices of the Inferior Court of such county, and shall be tried and
determined in the manner herein after pointed out ; and the said clerk shall grant or with-
hold such, certificate according to the determination thereof: Provided, that the expense
of such publication shall be defrayed out of the county funds, where the moiety of the
several penalties prescribed by this act is appropriated to the county, and out of the funds
of the city of Savannah, where such moiety is appropriated to such corporation.

Persons of co- Sect. 6. Be it further enacted, That all and every person of colour (Indians in amity
lour, who shall . , " , . , . . , . . ... . . l

not have been with this state, or regularly articled seamen or apprentices arriving in any ship or vessel,

duly register- excepted,) who shall, after the first Monday in May next, be found within the limits of

whom the this state, whose names shall not be enrolled in the book of registry described in thepre-

certificates

aforesaid shall ceding section, or having been enrolled, who shall have been refused certificates in the

J13.VC been re™ • *■« -• •••

fused, and manner therein prescribed, and who shall be working at large, enjoying the profits of his

who shall be or j^ labour, and not in the employment of a master or owner, or some white person,

at large for by and in virtue of an actual bona fide contract with the master or owner of such person
their own pro-
fit, ,&c, &c. of colour, securing to such master or owner the profits arising from the labour of such

arrested and person of colour, shall be deemed, held and taken to be slaves, and may be arrested by

warrant, under the hand of any magistrate of this state ; and such proceedings being had.

as are herein after provided, shall be sold by public outcry as slaves ; and the proceeds of

such sales shall be appropriated in the manner specified in the first section of this act.

Registered Sect. 7. Be it further enacted, That all registered free persons of colour, between the

oTcolour be- ages °f fifteen and sixty years, shall be liable to do public work in the counties or corpo-

tween the rate towns m which they may reside, under such regulations, and on pain of such penal-

60 years, liable ties for non-compliance, as the justices of the Inferior Courts of the several counties, and

to do public . .

labour. the mayor and alderman or mtendant and wardens or commissioners of such corporate

towns shall prescribe ; and it shall be the duty of such justices of the Inferior Court and
of such mayor and alderman, intendant and wardens or commissioners, to call out such
free persons of colour, and employ them in public work within their respective jurisdic-
tions, for a term not exceeding twenty days in one year.

SLAVES AND FREE PEOPLE OF COLOUR. 1818. 815

Sect. 8. Be it further enacted, *That no free person of colour within this state. (In- (No. 512.)

♦dians in amity with this state excepted) shall be permitted to purchase or acquire any ^e®0j^on8

real estate or any slave or slaves, either by a direct conveyance to such free persons of (amicable In-

J '.-..', dians except-

colour of the legal title of such real estate or slave or slaves, or by a conveyance to any ed) prohibit-

white person or persons of such legal title, reserving to such free person of colour the ;ng. real pro-
beneficial interest therein, by any trust, either written or parol, by any will, testament or 2^s°r
deed, or by any contract,, agreement of stipulation, either written or parol, and securing
or attempting to secure to such free person of colour the legal title or equitable or bene-
ficial interest therein; but all and singular such real estate, and each and every such Such real es-

• i tfitf* &.o on sill

sl#ve or slaves, shall be deemed and held to be wholly forfeited ; and the escheators m the be forfeited,

several counties in this state shall be', and they are hereby required to proceed against ^J^JJ^"

such property in the manner pointed out by the several acts to regulate escheats in this under the

state ; and the proceeds of such forfeited property shall, after deducting ten per cent, on Procee(is

the gross amount thereof, which shall be paid to persons giving information of the same ^p^opVaU'd

to the escheator, or to the escheator himself, if he shall discover the same, and the costs

of the inquisition be appropriated, one half to the use of the county, except in the county

of Chatham, in which such moiety shall be paid to the corporation of the city of Savannah, .

and the other moiety shall be paid into the treasury of the. state ; and all and every per- Persons pro-

• ■'*"" • i tecting or co-

son or persons who shall be concerned. in covering or protecting such property, so as to ver'mg such

secure, or attempt to secure the legal or equitable title thereinto such free person or per- order to^se"1

sons of colour, contrary to the true intent and meaning of this act, shall be liable to a Sure ll to sucli

"*., free persons

penalty not exceeding one thousand dollars, which shall be sued for and recovered in the of colour, lia-

manner herein after pointed out, and shall be appropriated in the mode prescribed in the ty not exceed-
first section of this act. . "VglOOO.

Sect. 9. Be it further enacted, That all and singular the penalties prescribed by The penalties,

• . . , . . . &c. of this act,

this act, and each and every proceeding directed herein, except where it is otherwise how enforced

specially provided thereby, shall be prosecuted, recovered and enforced against all and persons.

every white person or persons, who shall become amenable thereto, by action of debt or

indictment, in the Superior Courts of the respective counties, according to the ordinary

course of proceedings therein ; and the same shall be prosecuted, recovered and enforced How enforced

against all and every person or persons of colour, whether free or slave, before the jus- people of

tices of the Inferior Courts of the'respective counties, or a majority of them, either at °|° ° ar anc

the regular sessions of such courts, or at special sessions to be held for that purpose,

which the said justices, or a majority of them, are hereby empowered to hold, and to

* See act of 1819, No. 516, 3d section, which repeals so much of this section as relates to real estate, ex-
cept in Savannah, Augusta and Darien. See also the 2d section of the same act, which provides that property
held by free people of colour, at the. passing of the present act, shall not be considered as forfeited, &c.

816

SLAVES AND FREE PEOPLE OF COLOUR. 1818.

(No. 512.) do all needful and necessary acts therein, for giving full effect to the provisions of this
act ; and the said justices shall, in like manner, be authorized to hear and determine alW
objections which shall be made to the registry of any person of colour, claiming to be
free, reserving always to the judges of the Superior Courts, the constitutional right of
revising all such proceedings ; for which purpose the said justices shall be required to
make a special record of their several actings and doings in the premises, and of all
evidence or testimony given therein, and to transmit the same, when required, to the

Proviso, as to said judges : Provided always, that in all trials which may be had under this act, except
from the enforcement of penalties against white persons, the court shall be authorized
to require the answers on oath, (to such questions touching the same, as they may deem
relevant,) of all and every white person or persons, claiming title to such persons of
colour, or to any real or personal property, which shall be proceeded against as forfeited
under this act, or in whose employment such person of colour may be, or who may be
guardian of such person of colour; and the same shall be read as evidence therein.

testimony.

Construction Sect. 10. Be it further enacted, That it shall be the duty of all courts and judges,
before any proceedings may be had under this act, so to construe the several pro-
visions thereof, as to .carry the same into full and complete operation, according to the
true spirit, intent and meaning thereof, as declared in the preamble of the same;
General pow- and all and every such courts and judges are hereby invested with full power for such
&,c. for carry- purpose, and are authorized and required to make all necessary rules and regulations,
ingit into of- ancj tQ aj0pt a]i needful proceedings not herein specially provided, according to the usual
course of justice, which may be at any time required for the purposes aforesaid.

Warrants, is-
sued under
this act, to
whom return-
able.

Sect. 11. Be it further enacted, That all warrants issued by any magistrate under this
act, against any person of colour, whether free or slave, shall be returned by the officer
executing the same to the justices of the Inferior Court of the county in which -the
same may be issued ; and the said justices, or a majority of them, shall proceed imme-
diately to hear and determine thereon, making such record of their proceedings as is
herein before provided.

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor,

SLAVES AND FREE PEOPLE OF COLOUR. 1818.

817

A«

ACT (No. 513.)

To make adequate compensation to s%ch person or persons who have seized or
shall. seize any African Slaves, imported or brought into this siate} contrary to
the laws of this state or the United States.

WHEREAS, numbers of African slaves have been illegally introduced into- the state, Preamble,
in direct violation of the laws of the United States and of this state :

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That for the Persons who

sll3.Ii SC^17G CCf*

encouragement of those who have used, or shall use, their efforts to suppress this traffic, slaves illegally

by informing against and seizing the slaves so imported, they shall, on final condemna- j^roducecT

tion of the same, as forfeited to the state, receive one-tenth of the amount of the nett now compen-
sated.

proceeds of the sales of the same : Provided^ nothing herein contained shall be so con-
strued as to extend further back than the year eighteen hundred and seventeen.

BENJAMIN WILLIAMS, \^; \

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate. .

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

5 M

818

SLAVES AND FREE PEOPLE OF COLOUR. 1819.

(No. 514.) AN AgT

To make adequate compensation to Archibald Clark, collector of the port of St
Mary's, and the revenue officers under him, for the seizure of Jive African
negroes.

Preamble. WHEREAS, by an act passed on the 19th day of December, 1818, it was provided

that, " for the encouragement of those who have used, or shall use their efforts to sup-
press the traffic in Africans, by informing against and seizing the slaves so imported,
they shall, on final condemnation of the same as forfeited to the state, receive one-tenth
of the amount of the nett proceeds of the sales of the same :" And whereas, five Afri-
cans, seized by Archibald Clark,. esquire, collector of the port of St. Mary's, and the
officers under him, were delivered, on the 28th day of December, 1818, to the agent of
the state of Georgia ; and as no claim has been put in for the said Africans, nor any
expected to be so, and consequently no " condemnation" can ensue :

BE it therefore enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

]g200 awarded That the sum of two hundred dollars be, and the same is hereby awarded to the said

Clark and the Archibald Clark, esquire, and the revenue officers under him, as a compensation to them

revenue om- £or thejr services, in seizing and informing against«the said Africans ,• and that the trea-

him, for seiz- surer be hereby authorized to pay over the same into the hands of the said Archibald

ing- certain .■'•'!"

Africans. Clark, esquire, out of any monies now in the treasury not otherwise appropriated.

Said sum to Sect. 2. And be it further enacted, That said sum of two hundred dollars shall be in-

faction. ^\jX\. °f a^ claims now, or which hereafter may be exhibited by said officers, for the

seizure of the Africans herein before named.

Assented to, 13th December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

SLAVES AND FREE PEOPLE OF COLOUR. 1819. 819

AN ACT (No. 515.)

To compensate the Collector of Brunswick for his exertions in seizing and deliver-
ing up to the state certain Africans, illegally introduced.

WHEREAS, certain Africans illegally introduced into this state were, by the exer- Preamble.
tion of the collector of Brunswick, seized and delivered up, to the state, and have been
sold for the benefit of the same :

Sect. .1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

same, That his excellency the Governor shall be, and he is hereby authorized to pay to Compensation

. to the collec-

tive said collector of Brunswick, out of the contingent fund, ten per centum on the torofBruns-

amount of the proceeds of the sales of the said Africans. ing. certain

Africans.

Sect. 2. And be it further enacted by the authority aforesaid, That all laws or parts Repealing

cl Aims

of laws repugnant to the same be, and the same are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate

Assented to, 21st December, 1819.

JOHN CLARK, Governor,

820 SLAVES AND FREE PEOPLE OF COLOUR. 1819.

(No. 516.) AN ACT

To alter and amend an act, entitled Jin act supplementary to and more effectu-
ally to enforce an act, entitled Jin act prescribing the mode of manumitting
Slaves in this state, to prevent the future migration of Free Persons of Colour
thereto, to regulate such Free Persons of Colour as now reside therein, and for
other purposes , passed the 19th December, 1818.

Preamble. WHEREAS, by the fifth section in the above recited act, all free persons of colour,

■

residing or being within this state at the time of the passing of said act, and continuing
therein on the first day of March thereafter, were required, under certain provisions and
restrictions, on the said first day of March, and annually on the first Monday in March
thereafter, to make application to the clerk of the Inferior Court of the county in which
they reside, and register themselves according to the provisions of said act : And
whereas also, the sixth section in the before recited a*ct provides, that all such free per-
sons of colour who should be found, on the first Monday in May after the passage of
said act, within the limits of this state, whose names had not been duly registered ac-
cording to the provisions of said act, should be deemed, held and taken as slaves, and
might be subject to arrest and sale, under certain restrictions therein contained: And
whereas further, many such free. persons of colour residing in this state, were unable to
avail themselves of the provisions contained in said act, by reason of the said act not
being sufficiently promulgated by the said first Monday in March last :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of

Free persons tne same That all free persons of colour contemplated in the above recited act, who
of colour, who

failed to com- failed to comply with the provisions therein contained, shall be, and they are hereby de-
provisions of clared to be exonerated, released and discharged from all pains or forfeitures to which
act relieved tn^Y were thereby subjected: Provided, they do, on or before the first Monday in July

from the pe- next and annually thereafter on the first Monday in July, comply with the provisions

nalties there- J y

of. contained in said act : Provided, that this act shall not extend to any case where there

has been an actual forfeiture and sale.
Proviso.

Property held Sect. 2. And be it further enacted, That all property held by any free persons of co-
person of co- lour, at the time of the passing of the above recited act, shall not be deemed or consi-
kmr, at the ^ered as forfeited, but that the same shall remain in the owner, or in his or her descend-

time said act 7

T^as passed, ants after his or her death,
aiot to be tor-
.feUedj &c.

SLWES AND FREE PEOPLE OF COLOUR. 1819.

821

Sect. 3. And be it further enacted, That the eighth section of the act aforesaid (No. 516.)
be, and the same is hereby repealed, so far as relates to real estate, except in the cities g^g^tion f

of Savannah, Augusta and Darien. said act re-

pealed.

Sect. 4. And be it further enacted, That the above recited act shall not extend to and Said act nott©
operate upon free persons of colour who are minors, and bound out according to law.

operate upon
minors bound
out according1
to law,

Assented to, 22d December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

[ 822 ]

SOCIETIES AND COMPANIES

AN ACT*

To incorporate the Roman Catholic Society of Augusta, and county of Rich-
mond, and to authorize the trustees of the Richmond Academy to convey a lot
of land, in the city of Augusta, to the said Roman Catholic Society.

Trustees of
the Roman
Catholic So-
ciety of Au-
gusta nomi-
nated and in-
corporated.
Their powers.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same
That James Toole, Bernard Bignon, Francis Bonyer, James B. Lafette and John Cor-
mick, and their successors in office, shall be, and they are hereby declared to be a body
corporate, by the name and style of the Trustees of the Roman Catholic Society, in the
city of Augusta, and county of Richmond ; and the said trustees are hereby authorized
to have and use a common seal ; and they are hereby declared to be able and capable in
law of suing and being sued, pleading and being impleaded, and to have, hold and
enjoy real and personal property, for the use and purpose of erecting a church or house
of worship for the said society, in the city of Augusta, and for the sole benefit of such
church.

"V acancies,
how filled.

Who shall be
uneligible as
% trustee.

Sect. 2. And be it further enacted by the authority aforesaid, That the said trustees,
and their successors in office, shall have power to fill all vacancies which may happen in
their board, from time to time, by resignation, death or otherwise; and no person who
resides out of the county of Richmond, shall be eligible as a trustee of the said so-
ciety.

* See act of 1818, No. 530, authorizing this church to rent out the unemployed part of the lot conveyed t©
it for religious purposes.

SOCIETIES AND COMPANIES. 1811.

823

Sect. 3. And be it further enacted by the authority aforesaid, That the trustees of
the Richmond Academy be, and they are hereby authorized and empowered to convey
to the trustees before named, and their successors in office, all that lot of land situate,
lying and being in the city of Augusta, bounded on the north by Telfair street, on the
east by McIntosh street, on the south by Walker street, and on the west by Jackson
street ; the said lot to be vested in the said trustees, and their successors in office, as a
sife whereon to erect their church or house of worship, and for no other purpose what-
soever.

(N(

Trustees of
Richmond
Academy au-
thorized to
convey to the
before men-
tioned trus-
tees a certain
lot in Augus-
ta, whereon
to erect a
church.

Assented to, 10th December, 1811.

ROBERT IVERSON,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate.

D. B. MITCHELL, Governor.

AN ACT

(No. 518.)

For incorporating the Greenwood Church, in the county of Lincoln.

WHEREAS a religious society has for many years past been established in the county Preamble,
of Lincoln, and known by the name of Greenwood church : And whereas, it is necessary
for the promotion of religion and virtue, that churches or religious societies be made
capable of holding, conveying, enjoying and defending any property which they may
acquire by donations or otherwise :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted -by the authority of

the same, That John Hammock, George Zoellner, Levin Parkinson, William Moncrief Trustees of

Greenwood
and John H. Walker, and their successors in office, shall be, and they are hereby declared church nomi-

to be a body corporate, by the name and style of " The Trustees of the Greenwood corporated.

Church of Lincoln County."

Sect. 2. And be it further enacted by the authority aforesaid, That the said John Invested with
Hammock, George Zoellner, Levin Parkinson, William Moncrief and John H. Walker, ^d the power
trustees as aforesaid, and their successors in office, shall be invested with all manner of the^same?"^

824 SOCIETIES AND COMPANIES. 1811.

(No. 518.) property, both real and personal, and to convey the same, all donations, gifts, grants
hereditaments, privileges and immunities whatsoever, which may belong to the said
church at the time of passing this act, or which may hereafter be made, conveyed or
transferred to them, or their successors in office, to have and to hold the same for the

May sue and proper use, benefit and behoof of the said church; and also that the said trustees, and
their successors in office shall be, and they are hereby declared to be capable of suing and
being sued, impleading and being impleaded, and of using all necessary legal steps f*or
recovering or defending any property whatever which the said church may hold, claim
or demand, and also for recovering the rents, issues and profits of the same, or any part
or parcel thereof.

Gontinuance Sect. 3. And be it further enacted by the authority aforesaid, That the trustees of

„,. the said Greenwood Church shall hold their office for the term of three vears ; and on the

Time, place J

and manner of first Saturday in January, one thousand eight hundred and fifteen, and every third year
electing1 trus-
tees, after the passing of this act, the supporters of the gospel in said church shall convene at

the meeting-house of said church, and there, between the hours of ten and four, elect from

among the supporters of the gospel in said church, five discreet persons as trustees, who

shall hold their office three years as aforesaid, with the same powers and for the same

purposes as above declared.

ROBERT IVERSON, .

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

(No. 519.) AN ACT*

To incorporate " The Insurance Company of the City of Savannah."

Preamble. WHEREAS, Charles Harriss, William B. Bullock, Archibald S. Bullock, Isaac

Minis, William Stephens, John Eppinger, Samuel Barnett, John P. Williamson, John
Gumming, Robert McKay, James Johnston, Peter Mitchell, James Dickson, Zachariah

* See act of 1815, No. 523, incorporating " The Marine and Fire Insurance Company of the City of Savan-
nah."

SOCIETIES AND COMPANIES. 1812.

Miller, Abner Woodruff, John Moorhead, John Craig, Samuel Howard, Abraham (No. 519.)
Richards, Lemuel Kollock, William Davis, Benjamin Burroughs, Oliver Sturges, Adam
Cope,, George Glenn, George W. Owen, Abraham D. Abrahams, William Taylor,
William Belcher, Thos. W. Rodman, Sheldon C. Dunning, George Anderson, Asel
Howe, Richard M. Dimond, Thomas Burdell, Fred. Phinizy, Jeremiah Cuyler, Alex-
ander Hunter, William Mein, Robert Habersham, Joseph Habersham,- Andrew Knox,
Ebenezer Stark, George Harral, Joshua E. White, Steele White, Edmund Maher, Benj.
B. Norriss, William Gaston, F. D. Petit de Villers, William Woodbridge, William T.
Williams, Gurden J. Seymour, Robert Iman, John NcNish, Robert Watts, Phillip Box,
Francis M. S. Fell, Josiah Penfield and* John B. Mars, citizens and merchants of the
city of Savannah, have by their memorial represented, that they are desirous of forming
and establishing an insurance company in the city of Savannah, the objects of which will
be to insure property and effects against sea risks, fire, and other casualties for which
insurance companies are usually organized and established : And whereas it is also
represented by the memorial of the said citizens and merchants, that sufficient capital
can be raised and placed upon a footing of respectability, which will guarantee the most,
prompt and faithful indemnifications for all losses insured against by said company :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is hereby enacted by the authority of

'the same, That the several persons before mentioned, and others who may become mem- The Savannak

bers of said company respectively, the officers and members thereof, and their successors, company in-

shall be, and they are hereby declared to be a body corporate in name and deed, by the corPorated.

style and denomination of " The Savannah Insurance Company," and by the said name its duration.

and style shall have succession of officers and members for the term of thirty years, and Shall have a

a common seal, to use, .and shall have power and authority to make, alter, amend and May make

change such bye-laws as may be agreed on by the members of said company : Provided, DyeJaws» &c

Proviso*
such bye-laws be not repugnant to the laws or constitution of this state, or the United

States.

•

Sect. 2. And be it further enacted by the authority aforesaid, That the before men- President,

tioned persons, and others who may become members, shall, within the term of six months a^^ifer offi-

from and after the passing of this act, convene and elect a president and vice-president, cel's? whe,n

r r 7 andhowelect-

and other officers who may be deemed necessary for said company ; and so soon as the ed,

said election of president and vice-president and other officers shall have taken place, or

within the term aforesaid, the persons before mentioned, and others who may subscribe

and become members of said company, at the said convention, or afterwards within the

term aforesaid, shall proceed to the election of directors, agreeably to. any plan of regula- Election of

tion, as to the number of said directors, which may be agreed on by the members and l^iated^ 16°

subscribers of said company.

5 N

«s>

. ..^.^,

826

SOCIETIES AND COMPANIES. 1812.

) Sect. 3. And be it further enacted by the authority aforesaid, That the said president
and vice-president, and other officers, and said directors, shall remain in office for and
during the term of one year from and after the term of their elections as aforesaid.

(No. 519.

Continuance
in office.

Capital shall
be $300,000.

Proviso.

Sect. 4. And be it farther enacted by the authority aforesaid. That the capital of said
company shall be three hundred thousand dollars, but that the said company shall com-
mence its business and operation so soon as twenty-five thousand dollars shall have-
been deposited, and the said company organized as aforesaid: Provided nevertheless,
that if the directors of said company shall at any time insure for more than three timet
the amount of money actually deposited in the Planters' Bank of the state of Georgia,
then and in that case the directors shall become individually responsible for such ex-
cess, and an action of debt may in such case be brought against them, or any of them,
their heirs, executors, or administrators, in. any court in the United States, having com-
petent jurisdiction, by any creditor or creditors of the said corporation, and maybe
prosecuted to judgment and execution.

Said company Sect. 5. And be it further enacted by the authority aforesaid, That the said company,

authorized to . . m

insure pro- when so organized, shall have full power and authority to insure property and effects of

p y' every nature and description against sea risks, fire, and all other accidents and casual-

ties for which insurance companies are usually established, organized and incorpo-
rated.

Shall establish
bye-laws rela-
tive to the
election of
officers, &c.

Sect. 6. And be it further enacted by the authority aforesaid, That the said company
shall agree to and establish such bye-laws, rules and regulations relative to the election
of said president and vice-president, -other officers and directors, and for other purposes,
as the members of said company may deem expedient or conducive to the welfare, in-
terests, and promotion of said company.

Vlav sue.

May hold real
and personal
property, and
dispose of the
same.

Sect. 7. And be it further enacted by the authority aforesaid, That the said company
shall have full power and authority, under the style 'and name of The President and Vice-
President of the Savannah Insurance Company, to sue for and receive all such sum or
sums of money as may become due to the said company, by any name or style what-
ever, at any court of law, or before any tribunal having jurisdiction thereof; and the
rights and privileges of said company, in any court or at any tribunal whatever, to
defend ; and also to take, receive, purchase, hold and possess, any property, real or
personal, for the use% benefit or advantage of said company, and to sell, make over, and
dispose of the same in any manner the said company may direct ; and the said company
shall be^ and are hereby -declared to be vested with all the powers and advantages, pri-
vileges and emoluments of an association of persons incorporated for the intentions and
purposes aforesaid.

SOCIETIES AND COMPANIES. 1812. 827

Sect. 8. And be it further enacted, That in any and all cases of loss or losses, by (No. 519.)

fire or otherwise, oj: any property which may be at any time insured by the said com- p° "{oLes of°

pany, they shall be bound to pay the whole amount of any such loss or losses, within P™P^*>" m~

the term of six months from the time any such loss or losses may occur or happen ; and them, within

six months s
on failure of payment as aforesaid, this charter shall be null and void. from the time

of such losses.
Charter for-
BENJAMIN WHITAKER, felted in case

of non pay-
Speaker of the House of Representatives. ment.

WILLIAM RABUN,

President of the Senate,,

Executive Department, Georgia.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

■

AN ACT (No. 52o.)

To incorporate the Hibernian Society of the city of Savannah.

WHEREAS, a voluntary association of persons hath been formed in the city of Sa* Preamble,
vannah, under the name and style of " The Hibernian Society of the city of Savannah,"
the objects and purposes of which association are stated to be the relief of indigent and
exiled Irishmen, and to promote social and friendly harmony among the members of
said association : And whereas, the said persons so associated under the name and
style aforesaid, are desirous of being incorporated :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority afore-
said, That the several persons and members of said charitable association, and others Hibernian So-
who shall hereafter become members of the said association respectively, and the sue- vannah incor-
cessors, officers and members of the same, shall be, and they are hereby declared to be pora e
a body corporate, in deed and in name, by the name and style of the " President and Its stvle*

Vice-President of the Hibernian Society of the city of Savannah ;" and by the said Shall have

• -ii perpetual suc-

ifame shall have perpetual succession of officers and members, and a common seal to cession, and a

use, with power to make, alter, change and- amend such bye-laws and regulations as

may be agreed on by the officers and members of said society: Provided, such laws be bye-laws,

not repugnant to the laws ^.nd constitution of this state : and that they have privilege to miS0

5 N 2

828

SOCIETIES AND COMPANIES. 1812.

(No. 520.) sue for and recover all monies that now are, or that may be due to the said Hibernian
Society by any name, or in any manner whatsoever, and the rights and privileges of the
said society in any court to defend, and to receive, take and apply all or any donations
for the use intended by the said society ; and also to purchase and dispose of any pro-
perty, real or personal, for the use and benefits of said society ; and shall, and hereby
are declared to be vested with all the privileges, powers and advantages, rights and im-
munities of a society of people incorporated for the purposes intended by their associa-
tion and institution. .

May sue and
be sued.

May purchase
and dispose of
real and per-,
sonal proper-
ty, &c.

This declared Sect. 2. And be it further enacted. That this act shall be deemed and taken as a
a public act,

public act, to all intents and purposes whatsoever.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,^

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

(No. 521/

AN ACT

To incorporate the Savannah Library Society,

The members
of the Savan-
nah Library
Society incor-
porated.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
■ Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That J. Macpherson Berrien, president; Thomas Young, vice-president; August* G.
Oemler, secretary and librarian ; J. Bond Read, treasurer; and J. Alury, Thomas
Bartow, W. Belcher, D. Bell, J. M. Berrien, J. Bilbo, C. Bolton, J. Bolton, S. M. Bond,
W. B. Bulloch, J. S. Bulloch, G. Bunch, Thomas Burke, T. W..P. Charlton, A. Cuth-
bert, J. H. Clark. J. Gumming, W. Cuyler, O. L. Dobson, Charles Dunham, A. Dous-
set, J. Eppinger, W. Gaston, G. Glen, Thomas Glen, W. T, Grayson, J. Grimes, Jas.
Habersham, Richard Habersham, Robert Habersham, W. R. Harden, Charles Harris,
J. H. Hartridge, A. Hunter, James Hunter, J. Hunter, Jabez Jackson, George Jones, Wi
H. Joyner, H. Kolloch, L. Kolloch, F. Kreeger, J. Lewis, A. Lowe, George Lowe, Robert'
Mackay, H. McCall, C. McIntyre, J. McQueen, M. Miller, P. Mitchell, D. McNeil,
Robert Newell, A. G. Oemler, S. Owens, W. Parker, S. Parkman, J.'S. Pelot, D.
Ponce, J. B. Read, G; T. Seymour, M. Shearer, B. E. Stiles, R. M. Stiles, B. Sturges,

SOCIETIES AND COMPANIES. 1815. g29

A. Telfair, Thomas Telfair, N. Turnbull, E. Wallen, W. Way, J. M. Wayne, Charles (No. 521.)

West, J. E. White, St. White, D. D. Williams, Thomas Young, be members of the

Savannah Library Society, and the successors of the said officers, and all and every

persons who may hereafter become members of the said society, shall be, and they are

hereby declared to be, a body corporate in deed and in name, by the name and style of

" Savannah Library Society;" and by the said name shall have perpetual succession of Their style.

officers and members, and a common seal to use, with power to make, alter, change and Sha11 havf

r 7 ' o perpetual suc-

amend such bye-laws and regulations, as may be agreed upon by the members of the cession.

said society : Provided, such laws be not repugnant to the constitution and laws of the byY-la^6
state. . t&tt Proviso.

Sect. 2. And be it further enacted, That the said association of persons, and their May sue.
successors, shall have privilege to sue for and recover all monies that now are, or may
hereafter become due to the said society, by any name or in any manner whatsoever,
and "the rights and privileges of the said society, in any court to defend, and to receive,
to hold real and personal property, and to take and apply all or any donations made to May hold real
the said society ; and generally they shall, and hereby are declared to be vested with and Personal
all the privileges, powers and advantages, rights and immunities, of a society of people
incorporated for the purposes intended by their institution.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate,
Assented to, 14th December, 1815.

D. B. MITCHELL, Governor.

<«* -- y

830

SOCIETIES AND COMPANIES. 18

(No. 522.)

AN ACT*

To raise money by Lottery, for the purpose of aiding the funds of the Savannah

Poor-House and Hospital.

Three lotte-
ries for the
Savannah

poor-house

and hospital,

authorized.

1st class.

2d.

3d.

Where and
under whose
direction
drawn.

Scheme.

Sum to be

raised.

Money so rais
ed, appropria
ted.

Vacancies
among the
commission-
ers, how filled

Prizes, when
to be paid.

In 90 days af-
ter the draw-
ing of each
lottery, the
proceeds shall
be paid over
to the mana-
gers of said
poor-house
and hospital.

Sect. 1. BE it enacted by' the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That three lotteries be, and are hereby allowed and authorized, which said lotteries shall
be called the Savannah Poor-House and Hospital Lottery, of the first class, the Savan-
nah Poor-House and Hospital Lottery of the second class, and the Savannah Poor-
House and Hospital Lottery of the third class ; and that said lotteries shall be managed
and drawn publicly, in the city hall at Savannah, under the direction of John Bolton,
James Johnston, John P. Williamson, George Anderson, Wm. Gaston, Barney McKiri-
ne, A. Richards, Isaac Minis, Lemuel Kollock, Robert Habersham, N. S. Bayard, John
Eppinger, James Morrison, Richard Richardson, John Lewis, William Williamson, and
Josiah Penfield, who are hereby appointed commissioners for that purpose, and are
hereby authorized to adopt such scheme or schemes as they, or a majority of them, shall
deem most fit, to raise the sum of thirty thousand dollars.

Sect. 2. And be it further enacted, That the money arising from the said lotteries,
after deducting the expenses attending the same, be, and is hereby appropriated to the
use and aid of the funds of the Savannah Poor-House and Hospital Society.

Sect. 3. And be it further enacted, That in case of the death, resignation, or re-
moval of either of the commissioners named in the first section of this act, that it shall
be lawful for the remaining commissioners, after thirty days notice in either of the ga-
zettes of this state, to fill up the vacancy by election.

Sect. 4. And be it further enacted, That the commissioners aforesaid shall, within
sixty days after the drawing of each of the said lotteries, pay over the prizes to the for-
tunate drawers, subject to such deduction as shall be made known in their published
scheme or schemes ; and that the balance, after deducting expenses, shall, in ninety days*
after the drawing of each lottery, be paid over to the managers of the said Poor-House
and Hospital Society, or by their order to the president, treasurer or secretary of the
said corporate body.

* See act of 1819, No. 544, making a donation of Ig5000 to said institution*

>>.'»■■<

Jt . I ^1

SOCIETIES AND COMPANIES. 1815.

831

Sect. 5. And be it further enacted, That all sums of money arising from the aforesaid
lotteries, which may be detained in the hands of either of the aforesaid commissioner^
or by any, other person or persons, shall be recovered and sued for in any of the courts
of this state, at the instance and in the name of the Savannah Poor-House and Hospi-
tal Society.

(No. 522.)

Monies arising1
from said lot-
teries, which
may be impro-
perly detain-
ed, how sued .
for.

Sect. 6. And be it further enacted, That the commissioners aforesaid shall, previously
to the sale of any of the tickets, give bond and security in the sum of one hundred
thousand dollars, for each class, in the order the same may be drawn, for the faithful
performance of their duty, made payable to his excellency the Governor, for the time
being, and his successors in office, to be approved of by the justices of the Inferior
Court of Chatham county, or a majority of them, and to be filed of record in the clerk's
office of the Superior Court of said county ; and suit may be brought thereon, or on a
certified copy thereof, by order of said Superior Court, on the request of the party or
parties injured, in the name of his excellency the Governor, for the time being, for the
use of the party or parties injured ; and also with the further condition to refund any
sums paid for tickets, if the said lottery should not be drawn j and if drawn, to pay to
the fortunate drawers the amount of prizes drawn, within sixty days after the drawing
is completed.

Said commis-
sioners, previ-
ous to the sale
of tickets,
shall give bond
and security.

Suit may be .
brought there-
on, at the re-
quest of any
party injured.
Further con-
ditions of the
bond.

Assented to, 14th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

AN ACT

(No. 523.)

+To establish and incorporate an Insurance Company in the city of Savannah, to
be called the " Marine and Fire Insurance Company of the city of Savannah."

WHEREAS, the establishment of a Marine and Fire Insurance Company, in the city Preamble.
of Savannah, is represented as being highly expedient, and of great utility ; and that a
sufficient capital can be raised and placed upon a footing of respectability, which will
guarantee the most prompt and faithful indemnifications for all losses which may be in-
sured against fey said company ; •

832

SOCIETIES AND COMPANIES. 181:

(No. 523.) Sect. 1. BE it therefore enacted by the Senate and House 'of Representatives of the

A board of state of Georgia, in General Assembly wrt, and 'it is hereby enacted by the authority of
commission- J * J J J V J

ers constitut- the same. That the following persons, viz : William B. Bulloch, Oliver Sturges, Robert

■J 1 1 II v~* 1 * O J

open books of Mackay, Isaac Minis, George Anderson, Barna McKinne, Charles Harriss, William
for shares^n Gaston, William Taylor, Richard Richardson^ Thomas Mendenhall, Abram Richards,

the Marine ^. S. Bulloch, Edward Harden and Tames M. Wayne, be, and they are hereby consti-
and Fire In- "* J J J

surance Com- tuted a board of commissioners, whose duty it shall be, or a majority thereof, to con-

pany of Savan- . . *^T r . .

nab. vene m the city ol Savannah, and alter organizing themselves, to open books of sub-

And after the scription for shares in the said company : and when the said shares, amounting to the
requisite num.- - -i i j

ber of shares capital herein after mentioned, shall have been subscribed, or that portion of it on the
have been sub-
scribed for,
shall give no-
tice thereof in
the gazettes
of Savannah,-
requesting a
meeting of the
stockholders,
for the elec-
tion of officers.

Election of a
president and
directors au-
thorized.

receipt of which the business of said company is herein after authorized to commence,
it shall then also be the duty of said commissioners to give public notification thereof,
in the gazettes of the said city of Savannah, requesting a meeting of the share or stock-
holders of said company, at such time as to the said Commissioners may seem most
convenient, for the election of officers of said company, as herein after directed.

Sect. 2. And be it further enacted by the authority aforesaid, That so soon as the
said share or stockholders of said company, or a majority thereof, shall have been con-
vened pursuant to notification as aforesaid, the said share or stockholders, under the
direction of the said board of commissioners, shall proceed to the election of a presi-
dent and directors of said company.

The president Sect. 3. And be it further enacted by the authority aforesaid, That the said presi-
and their sue- dent and directors, and their successors, shall be, and they are hereby declared to be a
body corporate, in name and deed, by the style and denomination of the u Marine and
Fire Insurance Company of the city of Savannah," and by the same name and style
shall have succession of officers and members, for the term of thirty years, and a com-
mon seal to use, and shall have power and authority to choose or elect such subordinate
officers, and to make, alter, amend and change such bye-laws as may be agreed on by

bye-laws, and said president and directors : Provided, such bye-laws be not repugnant to the laws or
elect subordi- .. r . '_, . •', *"__ . . „ ;*

nate officers, constitution of the state or Georgia, or the United States.

Proviso.

porated
Their style.

D.uration of
the company.
Shall have a
common seal.
May make

Capital.

Sect. 4. And be it further enacted by the authority aforesaid, That the capital of:

said company shall be four hundred thousand dollars, to be divided and apportioned

into shares of fifty dollars each share ; and that one hundred thousand dollars of said

capital may be invested in, and composed of stock or treasury bills of the United States,

bank stock of this state, or any other state, which bank is m good credit, or gold and

Said company, silver: Provided nevertheless, That the said company may commence its business and
when its ope- . .

rations may operations, so soon as two hundred thousand dollars shall have been paid in and depo-
commence. ^-^ ' #; ^jL^Jfe^ \

*P§

>•*.. -/Eg

■

SOCIETIES AND COMPANIES. 1815. 33^

Sect. 5. *And be it further enacted by the authority aforesaid, That it shall be law- (No. 523.V

ful for the said president and directors to discount domestic bills of exchange. May discount

of exchange,

Sect 6. And be it further enacted by the authority aforesaid, That the said company, May insure

property
when organized as aforesaid, shall have full power and authority to insure property and against sea

effects* of every nature and description, against sea risks, fire and other accidents and ns s' re' &c'
casualties, for which insurance companies are usually established, organized and incor-
porated.

Sect. 7. And be it further enacted by the authority aforesaid, That the said company May sue, &c
shall have full power and authority, under the style and name of the " President and
Directors of the Marine and Fire Insurance Company of the City of Savannah," to sue
for and receive all such sum or sums of money as may become due to the said com- •

pany, before any tribunal having jurisdiction thereof ; and the rights and privileges of
said company, in any court, or at any tribunal whatever, to defend ; and also, to take, May possess
receive, purchase, hold and possess,- any property, real or personal, for the use, benefit and personal,
or advantage of .said company ; and to sell, make over, and dispose of the same, in any ^e s^qSG (
manner the said company may direct 5 and the said company shall be, and are hereby
declared to be, vested with all the powers and advantages, privileges and emoluments,
©f an association of persons incorporated for the intentions and purposes aforesaid.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 16th December, 1815.

D. B. MITCHELL, Governor.

This -section repealed by act of 1816, No. 525,

834

SOCIETIES AND COMPANIES. 1816.

(No. 524.)

AN ACT

To incorporate the Milledgeville Mechanic Society.

Preamble.

WHEREAS, William Robertson, president, and Francis Jeter, secretary, of the
Milledgeville Mechanic Society, have by their petition represented, that a number of
the mechanics of Milledgeville, desirous of placing their various crafts on a more re-
spectable and social footing than heretofore, and of establishing, by their joint exertions
and voluntary contributions, a permanent fund for the relief and support of such of
their unfortunate brethren, or their families, as may become objects of charity, have
formed themselves into an association or society, under the title before mentioned : And
in order to establish their said institution in a permanent and effectual manner, so that
the benevolent objects thereof may be executed with success and advantage, have prayed
the legislature to grant them an act of incorporation, whereby they may hold property,
and sue and be sued, in their united capacity:

The Milledge-
ville Mechanic
Society incor-
porated.

Its style.

Shall have
perpetual suc-
cession, and a
common seal.

May make
bye-laws, &c.
Proviso.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives pf the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That the persons herein before mentioned, and others who are or may become
members of said society, the officers and members thereof, and their successors shall be,
and they are hereby declared to be, a body incorporate, in name and in deed, by the
style and denomination of the President and Secretary of the Milledgeville Mechanic
Society ; and by the said name and style shall have perpetual succession of officers and
members, and a common seal to use ; and shall have full power to make, alter, amend
and change such bye-laws as may be agreed on by the members of the same: Provided^
such bye-laws be not repugnant to'the laws or constitution of this state, or of the United
States. . .- m

May sue for Sect. 2. And be it further enacted, That they shall have full power and authority,

said society, under the style and name before recited, to sue for and recover all such sum or sums of

money as now are or hereafter may become due to the said society, at any court of law,.

or at any tribunal having jurisdiction thereof, and the rights and privileges of said society
May receive in any court, or at any tribunal whatever to defend ; and also to receive, take and apply
nations &c. such donations or bequests as may be made to and for the uses and purposes intended

by said institution, and shall be, and are hereby declared to be, vested with all the powers,

SOCIETIES AND COMPANIES. 1816. 335

advantages and privileges of an association or society of people incorporated for the (No. 524.)
purposes and intentions of their said association.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 4th. December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 525.)

To repeal the fifth section of an act, passed the 16th of December, 1815, entitled
An act to establish and incorporate an Insurance Company, called the Marine
and Fire Insurance Company of the City of Savannah.

BE it enacted by the Senate and House of Representatives of the state of Georgia, The 5th sec-
in General Assembly met, and it is enacted by the authority of the same, That the fifth recited act
section of the before recited act be, and the same is hereby repealed. repealed.

BENJAMIN WHITAKER,

„■ Speaker of the House of Representatives.

WILLIAM RABUN,

President of the. Senate.

Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

5 OS

836 SOCIETIES AND COMPANIES. 1816.

(No. 526.) AN ACT*

To Incorporate the Protestant Episcopal Society of Augusta and County of Rich-
mond, and to authorize the Trustees of the Richmond Academy to convey a Lot of
Land, in the City of Augusta, to said Protestant Episcopal Society ,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

The trustees That John Milledge, John Carter, Valentine Walker, George Walton, Thomas Watkins?

of the Protes- •

tant Episcopal Richard Tubman, Edward F. Campbell, Augustine Slaughter, Freeman Walker, Joseph

lustfnomina- Hutchinson, William M. Cowles, Walter Leigh, John A. Barnes, Milledge Galphin

ted and incor- an(j Patrick Carnes, and their successors in office shall be, and they are hereby declared
porated. J . '■■■"..

Their style to ^e a body corporate, by the name and style of the Trustees of th*e Protestant Episcopal

and powers. Society in the city of Augusta and county of Richmond ; and the said trustees are hereby

authorized to have and use a common seal, and they are hereby declared to be able and

capable in law of suing and being sued, pleading and being impleaded, and to have, hold

and enjoy real and personal property, for the use and purpose of erecting a church or.

house of worship for the said society in the city of Augusta, and for the maintenance

and support. of a minister of the gospel for the said society.

Three pews And also be it enacted, That three pews in said church or house of worship shall be

in the church i r 1 r

reserved for reserved for the use ot strangers.

strangers.

Vacancies. Sect. 2. And be it further enacted,, That the said trustees, and their successors in

office, shall have power to fill all vacancies which may happen in their board, from time

Persons resid- to time, by resignation, death or otherwise ; and no person who resides out of the county

county uneli- °f Richmond shall be eligible as a trustee of said society,
gible.

Trustees of Sect. 3. And be it further enacted by the authority aforesaid, That the trustees of

Academy au- Richmond Academy be, and they are hereby authorized and empowered to convey to the
*onvey to°the trustees before named, and their successors in office^ all that lot of land containing one

* This act altered and amended by act of 1819, No. 542. See act of 1818, No. 535, which vests in the
trustees of this society the fee simple of a certain burial ground in Augusta.

SOCIETIES AND COMPANIES. 1816, I8\t. 837

acre, to be laid off by the trustees of Richmond Academy, where they may think most (No. 526.)

proper for the erection of the said house of worship. lot'in Augusta*

whereon to

BENJAMIN WHITAKER, church.

Speaker of the House of Representatives.

. WILLIAM RABUN,

President of the Senate,
Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

AN ACT* " (No. 527.)

To increase the Fire Company of the City of Augusta,

WHEREAS, the rapid growth of the city. of Augusta, and its increasing importance, as Preamble,
a commercial city, to the agricultural interests of this nourishing state, require that further
means should be provided to ensure its preservation against the ravages of fire, produced
cither by accident or from the torch of the incendiary ; and as the number of those who
now compose the fire company of that city is too limited to constitute a force which
may be safely relied upon in the event of fires, for its certain and speedy extinguishment :

BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act the Fire Company of the city The Fire Com-
of Augusta shall be composed of sixty, instead of thirty men, under the same rules, gUSta to con-
exemptions and restrictions as heretofore, any law to the contrary notwithstanding. -*ist of 60men,

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

• MATTHEW TALBOT,

President of the Senate,
Absented to, 18th December, 1817".

WILLIAM RABUN, Governor.

* See act of 1819, No. 541, which increases this company to 100 men.

838

SOCIETIES AND COMPANIES. 18ir.

(No. 528.)

AN ACT

To incorporate the Baptist Church in the city of Augusta and county of Richmond^
and to authorize the Trustees of the Richmond Academy to convey a Lot of
Land in the city of Augusta to said Baptist Society.

Trustees of
the Baptist
Society of Au-
gusta nomina-
ted and incor-
porated.

Their style
and powers.

Sect. 1. BE it enacted by the Senate and House of Representatives of the. state of
Georgia, in General Assembly met, arid it is hereby enacted by the authority of the same
That Abram Marshall, John MeKinne,' James H. Randolph, Woodson Ligon and Jesse
D. Greene, and their successors in office shall be, and they are hereby declared to be, a
body corporate, by the name and style of the Trustees of the Baptist Society in the city
of Augusta and county of Richmond ; and the said trustees are hereby authorized to
haVe and use a common seal, and they are hereby declared to be able and capable, in
law, of suing and being sued,- pleading and being impleaded, and to have, hold and enjoy
real and personal property for the- use and purpose of erecting a church or house of
worship for the said society in the city of Augusta, and for the maintenance and support
of a minister of the gospel for the said society.

Sect. 2. And be it further enacted, That the said trustees, and their successors in
lice, shall have power to fill all vacancies
time, by resignation, 4eath or otherwise.

Vacancies in

how filled. ' office, shall have power to fill all vacancies which may happen in their board, from time to

Trustees of Sect. 3. And be it further enacted, That the trustees of Richmond Academy be, and

Academy au- they are hereby authorized and empowered to convey to the trustees before named, and
convey a lot their successors in office, all that lot of land containing one acre, to be laid off by the
of land to said trustees of Richmond Academy, where they may think most proper.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

Assented to, 19th December, 1817.

SOCIETIES AND COMPANIES. 1818. 839

AN ACT (No. 529.)

To incorporate the Newport Baptist Church in the county of Liberty.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Thomas Bacon, senr. Oliver Stevens, James E. Hines, William Baker and Peter Trustees of
Winn, and their successors in office shall be, and they are hereby declared to be, a body tist Society
corporate, by the name and style of the Trustees of the Newport Baptist Society of the ^^TV
county of Liberty ; and the said trustees are hereby authorized to have and use a com- and powers,
mon seal, and they are hereby declared to be able and capable, in law, of suing and being
sued, pleading and being impleaded, and to have, hold and enjoy real and personal pro-
perty, for the use and purpose of said society, in the county of Liberty, and for the main-
tenance and support of a minister of the gospel for the said church.

Sect. 2. And be it further enacted, That the said trustees, and their successors in Vacancies
office, shall have power to fill all vacancies which may happen in their board, from time
to time, by resignation, death or otherwise.

° BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 20th November, 1818.

WILLIAM RABUN, Governor.

840 SOCIETIES AND COMPANIES. 1818.

Po. 530.) m AN ACT

To authorize the Trustees of the Roman Catholic Church in Jlugusta, and the
- Trustees of each and every other Church in said city, to rent out a part of the lot
conveyed to them for religious purposes.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

Trustees of General Assembly met, and it is hereby enacted by the authority of the same, That the

each church

in Augusta trustees of the Roman Catholic Church in the city of Augusta, and th© trustees of each

rent or lease anc^ every other church in said city be, and they, or a majority of them, are hereby au-

0fthdrrPartS tnor*zed to rent °r lease out, from time to time, at public auction, and upon such cove-

spective lots nants and conditions as to them may seem advisable, such parts of the lot or lots, con-
SiTare unem-
ployed, veyed to them, respectively, for religious purposes, as may not be necessary for the

use of the congregation, as the site, of the church, and for a church yard and parsonage :

Proviso. Provided always, that the rents and proceeds shall be appropriated to the support of the

clergymen officiating in the said churches respectively, or to the improvement, extension

or repairs of the same, and to no other purpose whatever.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 8th December, 1818.

WILLIAM RABUN, Governor.

(No. 531.) AN ACT

To incorporate the Eatonton Library Society, in the county of Putnam.

Preamble. WHEREAS, Coleman Pendleton, president ; Alonzo Church, librarian; John Hud-

son, secretary ; John Collason, treasurer ; William Turner, Peter F. Flournoy, William
Williams, Stephen W. Harris, Thomas Hoxey, William Walker, Christopher B. Strong,
Henry Branham, Edward Varner, Eli S. Shorter, Benjamin Catching, John Trippe, John
White, William E. Adams, George Moore, Thomas Sparkes, Augustus Hay ward, Irby
Hudson, John M Bride, Richard W. Fox, William Alexander, Jeremiah Clark, John J.

SOCIETIES AND COMPANIES. 1818.

841

Smith and Wiley Abercrombie, have, by their petition, prayed to be incorporated under (No. 531.)
the name and style of the Eatonton Academy Library Society, with the usual rights
and immunities of other incorporated associations.

Sect. 1. BE it therefore enacted by the Senatemand House of Representatives of the
state of Georgia, in General Assembly met, and it is hereby enacted by the authority of
the same, That the several persons herein before named, and others who are or may be- The Eatonton
come members of the society before mentioned, and their successors, shall be, and they brary Society
are hereby declared to be, a body corporate in name and in deed, by the name and style mcorPorated-
of the "Eatonton Academy Library Society," and by that name and style shall have Its style,
perpetual succession of officers and members, and shall have full power to make, alter, May make
amend and change such bye-laws as may be agreed on by the members of said incorpo- ye aV
ration: Provided, that such bye-laws be not repugnant to the constitution and laws of Proviso
this state. ,

Sect. 2. And be it further enacted by the authority aforesaid, That the said corpora- May sue, &c.
tion shall have full power and authority, under the name and style of the Eatonton Aca-
demy Library Society, to sue for and recover all such sum or sums of money as now
are, or hereafter may become due to said society, in any court of law having competent
jurisdiction thereof, and the rights and privileges of the said society in any court, or at
any tribunal whatever to defend ; and also to receive, take and apply any and all be- May receive
quests or donations which may be made, to and for the uses and purposes intended by quest? o^dS
the said institution, and shall be, and are hereby declared to be, vested with all the nations-
powers and advantages, privileges and emoluments, for the purposes and intentions of
said association.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 8th December, 1818.

WILLIAM RABUN, Governor,

842

SOCIETIES AND COMPANIES. 1818.

MpnpMMMMNMl

(No. 532.)

AN ACT
To incorpo7yate the Union Axe and Firemen of the city of Savannah.

Preamble. WHEREAS, an Union Axe and Fire Company has been established in said city,

known by the name of the Union Axe and Firemen :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, in General Assembly met, and it is herebij enacted by the authority of
the same, That James Marshall, principal director, Richard Wayne, E. S. Rees, W. H.
Thompson, John F. Floyd, James Hills, Gardner Tufts, Peter Schenck, G. W. Over-
street, Frederick S. Fell, and T.«M. Chamberlin, sub-directors, are appointed, and their
successors in office, shall be, and they are hereby declared to be, a body corporate, bv
the name and style of the Union Axe and Firemen of the city of Savannah.

The Union
Axe and Fire-
men of Savan-
nah, incorpo-
rated.

May make
bye-laws.

Proviso.

May sue, &c.

May receive
and apply do-
nations, he.

Sect. 2. And be it further enacted by the authority aforesaid, That the several per-
sons herein before named, and their successors in office, shall have full power to make,
alter, amend and change such bye-laws as may be agreed on by the members of the
same : Provided, such bye-laws be not repugnant to the laws or constitution of this
state, or of the United States.

Sect. 3. And be it further enacted, That they shall have full power and authority ,
under the style and name before recited, to sue for and recover all such sum or sums of
money as now are, or hereafter may become due to the said association, at any court of
law, or at any tribunal having jurisdiction thereof, and the rights and privileges of said
association in any court, or at any tribunal whatever to defend ; and also to recover,
take and apply such donations or bequests as may be made to and for the uses and pur-
poses intended by the said association, or company of people incorporated, for the pur-
poses and intentions of their association.

Sect. 4. And be it further enacted, That in consideration of the services and useful-
ness of an association of this kind, the officers and members of the Union Axe and Fire-
men be, and they are hereby exempt from the duties of jurors in the magistrates' and
mayor's courts, and from the duties of city constables, during the time that they actually
belong to the association, and are acting in the capacity of firemen.

The Union
Axe and Fire-
men exempt
from the du-
ties of jurors
in the magis-
trates' and
mayor's
courts, and
from the duties of city constables

Sect. 5. And be it further enacted, That whenever it shall appear to the mayor of the
city of Savannah, that the above association shall fail for three regular meetings to

SOCIETIES AND COMPANIES. 1818. 843

parade twenty persons, (excepting in the months of August, September and October, (No. 532.)
commonly called the sickly months,) which shall be ascertained by a return being made JJumbe^of the
to said mayor regularly after every meeting, that then this association shall cease and be association,
declared void.

Sect. 6. And be it further enacted, and it is hereby enacted, and is made the duty
of the officer commanding at such parade, to make the return as above recited the day
after such meeting or parade.

Sect. 7. And he it further enacted, That the number of individuals in the above Not to exceed
named incorporated body shall never exceed eighty, exclusive of officers.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 15th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 533.)

To incorporate the Baptist Church at Bethesda, in Greene county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That the members The Baptist
of the Baptist church (formerly known by the name and style of the Baptist Church at Bethesda in
Whilley's mill,) on Little river, in Greene county, be, and they are hereby declared a Greene coun-
body corporate, and known by the name of the Baptist Church at Bethesda. ed.

Sect. 2. And be it further enacted by the authority aforesaid, That the deacons of Property of
said church now being, and their successors in office, be vested with all the property vested in the
which may now belong to, or claimed by said church, and any which may hereafter deacons-
come into their possession in right of said church, both real and personal, to have and
to hold the same, free of taxation, for the sole use, benefit and behoof of said church, in Free from

tSLX3.tlO]l

the promotion of the public worship of God : and they are hereby authorized and em-

5 P 2

844

SOCIETIES AND COMPANIES. 1818.

(No. 533.) powered, and their successors in office, to use and exercise themselves in all the functions
usually conveyed by acts of incorporation to religious bodies.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.

Assented to, 17th December, 1818.

WILLIAM RABUN, Governor.

(No. 534.) AN ACT

To incorporate the Savannah Free School Society.

Preamble. WHEREAS, several persons in the city of Savannah have associated themselves

together, and have formed an institution called " The Savannah Free School Society" for
the purpose of affording education to the children of indigent persons, and which society
has already commenced to dispense the benefits of education, religion and morality to a
number of children of both sexes, in the city of Savannah, and to train them to habits of
industry and usefulness : the more effectually to accomplish the benevolent purposes of
the society ;

.Members of
the Savannah
Free School
Society nam-
ed and incor-
porated.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Mary C. Taylor, Mary Ker, Sarah Jones, Gertrude Dunning, Eliza Roberts,
Caroline Frazer, Eliza Hunter, Isabella Hunter, Mary Cleland, Sophia Evans, Catharine
Barnes, Jane Jackson, directresses; and M. Kolloch, M. Hunter, E. Irvine, L. Reid, S.
C. Noel, J. Howard, S. Bullock, H. F. Carnochan, Henry Kolloch, William Taylor,
George Jones, J. Waters, C. Tracy, Robert Isaac, S. B. Packman, Chas. Gildon, F. Shear-
er, E. A. Taylor, M. Wallace, S. Morel, E . Bulloch, P. Minis, S. Waters, C. Stephens,
L. Isaac, R. Armour, J. Armour, H. Woodbridge, J. Pence, C. Burroughs, M. Haber-
sham, H. Smith, R. Wellman, John Drisdale, Jas. MeHenry, L. Kolloch, Fred. Densler,

S. Casey, Nathl. Lewis, P. Guerard, Wm. P. Beers, Alfred Cuthbert, Woolhopter,

Charles Harris, A. Hobby, F. H. Wellman, Jno. Lewis, Francis Courvoisie, Moses
Cleland,- J. Gugle, Mary Griffith, H. McAlister, Heza. Almy, Jane Gardner, Sarah Cope,
Joseph Cumming, Roberts, C. Heib, R. M. Pooler, Fs. Barlow, M. Henry, m.

an iijhgfli

SOCIETIES AND COMPANIES. 1818. 845

Dunning, M. E. Cuyler, J. Penfield, Elk. Bolles, M." Demere, Jane Robertson, S. (No. 534.)
Scriven, E. Holmes, S. Lewis, Margt. Kopman, R. Myers, H. Eppinger, M. Gumming,
B. Taylor, Wm. T. Williams, J. C. Schenck, John McNish, Thos. Bond, Norman
Wallace, Wm. Smith, Murdock McLeod, S. C. Dunning, John Nichol, Anthony Porter,
Jas. Almy, Ed. Harden, J. M. Russell, Eleazer Early, Ann Joor, J. Wallen, George
Cope, John F. Herb, Jno. Minter, Peter Harroway, T. Myers, Wm. R. Waring, E.
Bliss, Geo. Relph, F. D. Petit De Villers, Sol. Bird, J. G. Wilson, M. King, Peter
Mitchell, C. Mitchell, J. Minis, Matthew McAllister, E. Anderson, E. Herbert, M.
Lewden, J. Johnston, Mary Kemp ton, M. Defource, H. Hunter, E. Sturges, M. Wallace,
E. Sturges, A. Jones, George Anderson, A. Minis, F. Haupt, R. Morin, J. R. Warner,
A. Gaudry, Donald McLeod, L. Stanton, Elias Reid, D. Hall, Silas Chase, M. Myers,
J. Palm, T. Gray, — — Falm, H. Gray, James S. Bulloch, James Bilbo, Robt. Watts,

A. Campbell, Isc. Coher, Wm. S. Gillet, M. Demere, A. Gordon, H. Neyle, M. Telfair,
Ann Gibbons, E. Aikin, E. Tanner, J. Carruthers, S. Williamson, D. Minis, Charles
Trot, Eb. Rees, John P. Williamson, Wm. Gibbons, R. Knox, M. Hotchkiss, M. Hills,

B. Swarbreck, Wm. Evans, Wm. Gaston, E. Clark, H. Bilbo, S. Owens, M. Gordon, R.
Johnston, Robert Habersham, J. Early, S. White, Jas. Marshall, H. Haist, S. Cecil, S.-
Decheux, Sarah Haig, M. J. Wayne, Bel. Robertson, J. Greene, M. Rees, M. Densler,
Thos. Young, H. Campbell, Noble Jones, E. Lawrence, Eliza McKay, H. Johnston, Henry
Bomgirin, E. Devant, M. B. Smith, A. M. Johnston, B. R. Johnston, Patrick Houstoun,
A. Habersham, M. Irvine, George Heib, Moses Shefftall, A. Pray, C. MeLean, A. Ogle-
bay, M. Williams, S. Smith, H. Parkman, J. Stiles, M. McLeod, Jno. Bogne, C. Miller,
M. McHenry, Jno. H. Bruen, E. Miller, A. Anciaux, E. Atkinson, E. Hart, C. Hart,

Stark, Samuel Wright, M. Lavenden, Jane Irvine, R. Howard, William Scarbrough,

George Jones, John Speakman, Ann Wayne, Mary Heib, Sarah Habersham, Irvine,

and all such other persons as now are and shall hereafter become members of the said
society shall be, and are ordained, constituted and declared a body corporate and politic,

in fact and in name, by the title of " The Savannah Free School Society " and by that Their title.

name and title they, and their successors for ever hereafter, shall and may have succes- Shall have

locriDctiitil sue -
sion, and by that name and title shall and may be persons, in law, capable to sue and ceSsion.

be sued, plead and be impleaded, answer and be answered unto, defend and be defended, May sue and

. r • • i • ke sued, &c

m all courts and places whatsoever, in all manner or actions, suits, complaints, matters

and causes whatsoever ; and that they and their successors may have a common seal, and May have a

may change and alter the same at pleasure ; and they and their successors by the said M ^old reaj

name shall be for ever hereafter capable, in law, to purchase, take, receive, hold and and Perso"al

1 ' r 7 property, &c,

enjoy any estate, real or personal, of whatever nature or quality soever, to the use of
them the said Savannah Free School Society, and their successors ; and all donations,
gifts, grants, purchases, bequests, devises, privileges and immunities whatsoever, which
belong or appertain, or shall or may hereafter be given, granted, sold, conveyed, assigned,
bequeathed, devised to or conferred upon, the said Savannah Free School Society.

846

SOCIETIES AND COMPANIES. 1818.

(No. 534.)

There shall be
thirteen direc-
tresses.

First direc-
tresses nomi-
nated.

Their conti-
nuance in of-
fice.

May establish
free schools
in Savannah.

Proviso.

Sect. 2. And be it further enacted by the authority aforesaid, That there shall be
for ever hereafter thirteen directresses of the said corporation, who shall manage and
conduct all the affairs of the same : and the first directresses of the said corporation
shall be Mary C. Taylor, Jane Jackson, Eliza Roberts, Caroline Coppee, Catharine
Barnes, Sophia Evans, Caroline Frazer, Sarah Jones, Mary Ker, Eliza Hunter, Isabella
Hunter, Gertrude Dunning, and Mary Cleland, who shall hold their offices until the
last Monday in November, 1819, and shall have power to establish a free school or
schools in the city of Savannah, for the education of children of both sexes, the off-
spring of indigent persons : Provided always nevertheless, that hereafter when a free
school or schools for the instruction of boys, under the direction and management of
men, shall have been duly established, incorporated or otherwise put into full operation
by the legislature, then the right to the education of boys, by the Savannah Free School
Society, shall cease, and be limited to the education of female children ; yet such edu-
cation of boys by the Savannah Free School Society, if acquiesced in by any other pub-
lic institution having boys under their charge, shall not be construed to operate as a
violation or forfeiture of this act of incorporation, or any part thereof.

Election of
directresses
regulated.

Vacancies,
how filled.

A first and se-
cond direc-
tress, a secre-
tary and trea-
surer, to be
elected.

Sect. 3. And for the keeping up of the succession in the said offices, Be it further
enacted by the authority aforesaid, That on the last Monday of every November in
each succeeding year for ever hereafter, or as soon thereafter as may from circum-
stances be practicable, there shall be a general meeting of the members of the said cor-
poration, which shall be held at some convenient place in the city of Savannah, to be
appointed by the directresses for the time being, then and there by ballot to elect thir-
teen directresses as above mentioned ; and the thirteen members of the society who shall
receive the greatest number of votes, shall be directresses for the ensuing year, and
shall enter on the management and direction of the affairs of the society, on the day ap-
pointed for the first regular meeting of the directresses thereafter, and shall continue in
the same for the term of one year, ending on the last Monday in the succeeding No-
vember, or till others shall be elected in their stead : and in case any of the persons
elected as above mentioned to be directresses, shall die or remove out of the county of
Chatham, before their term of service shall have expired, or shall resign or refuse to
execute their offices, the remaining directresses shall, at their first regular meeting
thereafter, elect another or other members of the society, in the stead of her or them
so dying, removing, or refusing to act, which person or persons so elected shall hold
their offices until the last Monday of the November next ensuing, and till others have
been elected in their stead. At their first regular meeting, the directresses shall elect,
by ballot, from among their own number, one person to act as first directress, one as
secretary, and one as treasurer, who shall immediately enter on the duties of their
offices, and hold the same for the term of one year, and until others shall be elected in
their stead, unless a vacancy should occur sooner, which shall be filled up by the direc-

SOCIETIES AND COMPANIES. 1818. 8 47

tresses in like manner. And it shall be the duty of the directresses to meet regularly (No. 534.^

on the first Monday in every month, and at such other times as may be deemed expe- Meetings of
J j ' ' tfie direc-

dient, and seven or more of them shall constitute a quorum, and be a legal meeting ; tresses regu

lated.
and a majority of them shall have power to make all such bye-laws, rules and regula- ' -

tions, not contrary to law or this act, for the government of the society and its affairs, bye-laws.
and for the admission of members thereinto, as to them shall seem requisite and expe-
dient, and the same to alter, amend and repeal, as they, or a majority of them, shall

think fit ; and shall have power to call a general meeting of the society, with the power May call a ge~

... .. . neral meeting,

of adjournment from time to time, whenever they may judge it expedient and neces-
sary.

Sect. 4. And be it further enacted by the authority aforesaid, That it shall be the Shall make an

annual report
duty of the directresses of this society, to report annually to the general meeting of the to the general

members, on the last Monday in November of each year, or on the day of the general thg member?

annual meeting, a particular account of the school or schools under their care, and of

the monies and other profits and effects, by them received and expended during the

year, so as to exhibit a full and perfect settlement of the property, funds and affairs of

the said society.

Sect. 5. ,And be it further enacted by the authority aforesaid, That this act shall be This act de-

and hereby is declared to be a public act, and shall be construed benignly and favour- iIC act.

ably for every beneficial purpose hereby intended ; nor shall any non-user of the privi- To he r0,"",rI

leges hereby granted this, incorporation, create or produce any forfeiture of the same. ly.

Sect. 6. And be it further enacted by the authority aforesaid, That no misnomer of No misnomer

. , , .,, .r , i • ofthecorpo-

the said corporation in any deed, will, testament, gilt, grant, demise or other mstru- ration in any

ment of contract or conveyance, shall vitiate or defeat the same : Provided, the corpo- g^all vitiate
ration shall be sufficiently described to ascertain the intention of the parties ; and all tne same,
grants, gifts and cpnveyances, hitherto made to the directresses of the Savannah Free
School Society, or any of them, and their successors in office, before this act of incor-
poration, shall be held good and valid in law, to convey the same to this corporation,
and all estate, real and personal, so conveyed, shall be vested in them, for the benefit
of the Savannah Free School Society.

Sect. 7. And be it further enacted by the authority aforesaid, That the husband of The husband

of any woman,
any married woman, who is or maybe a member or officer of the said corporation, a member of

shall not be liable to the said corporation for any loss occasioned by- the neglect or mal- tjOI1) not liable

feasance of his wife, or upon any subscription or engagement of his wife ; but if he shall f-rhacts!jf

have received any money from his wife belonging to the said corporation, or the same He shall be

shall have been applied to his use, he shall be accountable therefor ; or if the husband's for monies re

848 SOCIETIES AND COMPANIES- 1818.

(No. 534.) goods shall be attached or taken in execution by any process, or if he shall become hi-
hfs wffe^T- solvent> such money, if received after the pas. ige of this act, shall be paid by the trus-
longing to tees or assignees to the said corporation, in preference to ail other debts : and all other

ScllCl SOClGiYj

&c. &c. property and effects of the said society, coming into his hands by privity of his wife,

shall not in any way' be subject to his debts.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

(No. 535.) AN ACT

To vest the fee simple of the cemetery or burial ground in the city of Augusta in
the Trustees of the Protestant Episcopal Church of said city.

Preamble. WHEREAS, a certain lot of ground in the city of Augusta, bounded southwardly

by Reynold-street, westwardly by lands owned by Jacob Danibrth, northwardly by the
river, and eastwardly by Washington-street, has from time immemorial been used as a
cemetery or burial ground : And whereas, a decent respect to the memory of the dead
requires that their ashes should not be disturbed, and the last sad claim, which they
make upon their contemporaries, be merely temporary, and forgotten after the lapse of
a few years : therefore,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
The fee shn- That the fee simple of the said lot be, and it is hereby vested in the trustees of the Pro-
rial ground in testant Episcopal Church of the city of Augusta, and their successors in office for ever :
Augusta vest- prov'l(ied nevertheless, that the said lot shall never be used for any other purpose than

testant Epis- the interment of the dead, and the erection of a place or places of public worship, de-
copal Church. . . r tr r t~>
dicated to the Supreme Being.

i'roviso.

Sect. 2. And whereas, claims might hereafter be raised by the trustees of the Rich-
mond Academy and their successors, upon the said lot ; therefore, to obviate all disputes

SOCIETIES AND COMPANIES. 1818. 849

and difficulties which might or could arise : Be it further enacted by the authority afore- (No. 535.)

said. That the said trustees be, and they are hereby authorized and required forthwith Trustees oi

* J J Richmond

to relinquish, by deed of indenture, unto the said trustees of the Episcopal church, all Academy re-

quired to re-

all

,.11 • i • i quireu i

the right, title and interest which they, or their successors, may or can have in and to linquish

, . , , r i i title, &c. to

the said lot or land. said lot

Sect. 3. Be it further* unacted, That if the said trustees, or their successors, shall, Said lot to re

at any time or times hereafter, convert the said lot to any use or uses, other than for state, in case

the erection of a place or places of worship, or a burial ground, contrary to the true * 5. r]USrchS°

intent and meaning of this act, then, and in that case, the fee simple, and all the rights should use it

° ; ' • r .' ° _ for any other

and immunities hereby intended to be conveyed, shall revert to the state of Georgia, purpose than

as fully, freely and absolutely * as if this act had never been made. • of places of

worship,orasa
•burial ground.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor.

AN ACT (No. 536.)

To incorporate the Stockholders of the Savannah Theatre.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That all persons who now are, or who shall become subscribers to the Savannah Theatre, stockholders
their successors and assigns, shall be, and they are hereby created and constituted a cor- ■ h/*jk f*^"
poration and body politic, by the name and style of the " Stockholders of the Savannah incorporated.
Theatre," and by that name and style shall be, and are hereby made capable in law to Their style
sue. and be sued, plead and implead, to have, hold, purchase, receive, possess, enjoy and
retain, to them and their. successors, lands, rents, tenements, hereditaments, goods and
chattels, of whatsoever kind, nature or quality the same may be, to make such bye-laws
and regulations as may be necessary, and to do and perform all such lawful acts as are
in like cases provided to be done.

A 5 Q

8 50

SOCIETIES AND COMPANIES. 18 IS.

536,)

Sect. 2. And be it further enacted by the authority aforesaid. That within three
months from and after the passing of this act, an election. shall be held for five trustees,
to be chosen from amongst the stockholders, to manage and direct the affairs of the said
corporation, who shall hold their offices during life j and in case of death or resignation,
on due notice previously giyen, the stockholders shall, twenty days thereafter, proceed
to elect others to fill the said vacancy or vacancies. And the said trustees, when so
elected as aforesaid, shall choose from amongst their nunflfer a chairman, who shall
have such powers as are usual in such cases, and such other officers as may be needful.

(No.

Five trustees
to be elected.

Vacancies,
how filled.

Trustees to
choose a chair-
man out of
their number.

Stock divided
into shares of
§300 each.

Qualification
of voters.
Certificates, ■ .
how signed.

Stock, how
transferred.

Sect. 3. And be it further enacted, That the stock of said corporation shall be
divided into' shares of three hundred dollars each. The full sum of three hundred
dollars, duly paid, shall entitle the holder thereof to one vote: no person shall be enti-
tled, who shall not have paid the full amount of a share : certificate's of shares shall be
signed by the trustees, or such officer as they, or a majority of them, may appoint : and
the said stock shall be transferable on the books of the corporation, in like manner as
bank stock.

Persons elect-
ed under the
Od section of
this act, de-
clared succes-
sors of those
who have
litherto act-
ed.

Property, &c.
vested in said
,'rustees.

Sect. 4. Be it further enacted, That such persons as shall be elected by virtue of
the second section of this act, shall be taken and held as the successors of such persons
as have hitherto managed and directed the affairs of the stockholders,- and all grants,
gifts and conveyances, whether real or personal property, hitherto made, shall vest in
the said trustees, to be elected, and their successors, to and for the use of the said
stockholders ; and all acts, lawfully done hitherto by those persons, in the name and for
the said stockholders, shall be deemed and held valid.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor

SOCIETIES AND COMPANIES. 1819. #51

AN ACT (No. 537.)

Of incorporation of the Wilkes Agricultural Society.

WHEREAS, a number of persons in the county of Wilkes have associated, under the Preamble.
name of " The Wilkes Agricultural Society," for the purposes of improvement in the
knowledge and practice of agriculture : now, in order that said society may assume a
becoming respectability, and that the objects of its institution may be furthered j

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia^ in General Assembly met, and it is hereby enacted by the authority of the same,

That Benjamin Porter, Matthew Talbot, David P. Hillhouse, Samuel Barnett, John The Wilkes

' Acriculturcil

Graves, senr. Boiling Anthony, Wm. A. Grant, Wm. Jones, Duncan G. Campbell, John society, incor-

H. Pope and John Walker, officers, and all such other persons as now are, or shall PGrated-
hereafter become members of said society, shall be, and are hereby ordained, constituted
and declared a body corporate in fact and in name, by the title of " The Wilkes Agricul- Their style
tural Society ;" and by that name and title they and their successors, for ever hereafter,
shall and may have succession, and by that name and title shall and may be persons in
law capable of suing and being sued, pleading and being impleaded, answering and being
answered unto, defending and being defended, in all courts and places whatsoever, in all
manner of actions, suits, complaints, matters and causes whatever ; and they and their
successors, by their said name, shall be for ever hereafter capable in law to purchase,
take, receive, hold and enjoy any estate, real or personal, of whatever nature or kind
whatsoever, to the use of said society and their successors ; and all donations, gifts,
grants, purchases, bequests, privileges and immunities whatsoever, which belong or
appertain, or shall or may hereafter be given, granted, sold, conveyed, assigned, be-
queathed or devised to, or conferred upon the said society.

Sect. 2. And be it further enacted by the authority aforesaid, That the said society May regulate

shall for ever hereafter have the power and authority to hold such regular and extra in?S) app0int

meetings, to elect such officers, and to enact such bye-laws and regulations, as may be °"1C^1^' an«

necessary for the government and proper management of the said society and the affairs laws-
thereof.

Sect. 3. And be it further enacted by the authority aforesaid, That this act shall be Construction
construed liberally and favourably for every beneficial purpose hereby intended, nor ot 1 :1isact> &r-

5 Q2

852 SOCIETIES AND COMPANIES. 1819.

(J$o. 537.) shall non-use of the privileges hereby granted create or produce a forfeiture of the
same.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented- to, 23d November, 1819.

JOHN CLARK, Governor.

(No. 538.) . AN ACT

To incorporate the Axe and Firemen of the city of St. Mary's.

Preamble. WHEREAS, an association of an axe and fire company has been established in said

city, known by the name of " The Fire and Axe Company :"

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the
state of Georgia* in General Assembly met, and it is, hereby enacted by the authority of
The Fire and the same, That John Stotesbury, principal director, and M. H. Hebbard, John Bachlott,
ofX|t. ManT's^ J- Bachlott, Lewis Bachlott, Thomas C. Randolph, Daniel Mickler, Edward John Shear-
mcor.porated. man? Harman Courter, William Proctor, Robert Ripley, Edward D. Courter, Israel
Geer, George Long, Charles H. Deshon, S. B.« Fitzpatrick, Alexander Bachlott, Francis
Randolph, W. H. Williams and Isaac Bailey, members, are appointed, and their succes-
sors in office shall have full power to make, alter, amend and change such bye-laws
as may be agreed on by the same : Provided, such bye-laws be not repugnant to the laws
of this state or of the United States.

Their powers. Sect. 2. And be it further enacted by the authority aforesaid, That the .said company
shall have full power, under the style and name before recited, to sue for and recover all
such sum or sums of money as now are, or that may hereafter become due and owing to
the said company, in any court of law having jurisdiction thereof, and the rights and
privileges of said company in any court or tribunal whatever to defend, and also
to recover, take and apply any donation or bequest that may be made to and for the
uses and purposes intended by the donor, for the benefit and advantage of said associa-
tion or company.

SOCIETIES AND COMPANIES. 1819. 353

Sect. 3. And be it further enacted, That the number of individuals in the above (No. 538.)
named incorporated body shall not exceed, (officers included,) the number of twenty- Number not
five : Provided however, that nothing in this law shall be so construed as to entitle the twenty-five.
said corporation to hold lands in its <§wn name, or in the name of another, to and for
the use of said Corporation.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of t'he Senate.
Assented to, 23d November, 1819.

JOHN CLARK, Governor.

. AN ACT . (No. 539.)

To incorporate the Augusta Female Asylum.

WHEREAS, a society has been formed in the city of Augusta, for the education and Preamble,
maintenance of female orphans : And whereas, it is desirable to encourage benevolent
societies of that nature :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the

state of Georgia, hi General Assembly met, and it is hereby enacted by the authority of

the same, That Hannah Longstreet, Ann Cumming,. Elizabeth Reid, A. F. E. Slaugh- Directresses

ter, Kezia Arnold, Mary Murren, Mary Smelt, C. M. Cashin, F. Moore, Priscilla ts^Im^

Sims, Mary C. Carmichael, Lucretia Moore, C. Watkins and C. Beach, directresses of AuSusta no;

minated and

the Augusta Female Asylum, and their successors in office, be, and they are hereby incorporated,
created a body corporate, to-be known by the name and style of the Augusta Female Their style
Asylum, with full power and authority by that name to contract and be contracted with,
to sue and be sued, or plead or be impleaded.

Sect. 2. And be it further enacted, That the said corporation, by its said corporate May hold pro -
name, shall have full power and author% to acquire and hold estate, real and personal, perty
Dy gift* grant, alienation or devise, or in any other mode whatsoever, according to the
laws of this state.

354

SOCIETIES AND COMPANIES. 1819.

(No. 539-.) Sect. 3. Be it further enacted, That all contracts, gifts or grants heretofore made

C(pntl£Cth with the directresses of the Augusta Female Asylum, shall be deemed valid in law to

tofore made, inure to the benefit of said Augusta Female Asylum, as if the same had been made
legalized. |

by the present corporate name. #

Assented to, 23d November, 1819.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

(No. 540.)

Ereamble.

AN ACT

To incorporate the Sunbury Female Asylum.

WHEREAS, by a petition from a number of ladies in the town of Sunbury, it is
represented that they, together with their associates, have founded a society for the hu-
mane purpose of relieving, protecting and instructing orphan children of their own sex ,
and have prayed to be incorporated :

Sunbury Fe-
male Asylum
incorporated.

Their style
and corporate
powers.

A board of
trustees to be
constituted.

Sect. 1. THEREFORE be it enacted by the Senate and House of Representatives of
the state of Georgia, in General Assembly met, and it is hereby enacted ,by the authority of
the same, That all such persons of the female sex as now are, or shall hereafter become
annual subscribers, to the amount of three dollars per annum, to the said association, shall
be, and are hereby constituted a body corporate and politic in fact and in name, by the
denomination of the "Sunbury Female Asylum," and by that name shall have perpetual
succession, and be in law capable of suing and being sued, .defending and being de-
fended, in all courts of law and places, and in all manner of actions and cases whatever,
and may have a common seal, and change the same at their pleasure ; and shall, by that
name and style be capable in law of purchasing, holding and conveying any estate, real
or personal, for the use of said corporation.

Sect. 2; And be it further enacted by the authority aforesaid, That the estates and
concerns of the said corporation shall be managed, directed and disposed of by a board
of trustees, to be composed of a first and second directress, a treasurer, secretary, and
seven trustees, to be elected by a plurality of ballots of the members resident in the

SOCIETIES AND COMPANIES. 1819. 355

county of Liberty, being annual subscribers as aforesaid, and present at such elections (No. 540.)

yearly, on such day and at such time as the board of trustees may from time to time

appoint.

Sect. 3. And be it further enacted, That the said board may from time t6 time make Powers of said

t - • • board,

such bye-laws, ordinances and resolutions, relative to the management and dispositions

of the estate and concerns of said corporation, and the regulation of the persons exer-
cising the offices aforesaid, not. contrary to law, and may appoint such other officers,
agents and servants, as they may deem necessary to transact the business of said corpo-
ration, and. designate their. duties.

Sect. 4. And be it further enacted. That all contracts, gifts or grants, heretofore Contracts, &c.

heretofore
made with the directresses of the Sunbury Female Asylum, shall be deemed valid in made with the

law, and inure to the benefit of said association, as if. the same had been made by the said Asylum
present corporate name. legalized.

if'

Sect. 5. And be it further enacted, That all laws or parts of laws militating against Repealing
this act be, and the same are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives .

m . MATTHEW TALBOT,

President of the Senate.
Assented to, 23d November, 1819.

JOHN CLARK, Governor.

856

SOCIETIES AND COMPANIES. 1819.

(No. 541.)

AN ACT

To increase the Fire Company of the city of Augusta.

Preamble. WHEREAS, the rapid growth of the city of Augusta requires' that further means

should be provided to ensure its preservation against the ravages of fire, produced either
by accident or from the torch of the incendiary, and as the number of those who com-
pose the fire company of that city is too limited to constitute a force which may be
safely relied upon, in the event of fires, for its certain and speedy extinguishment :

The Fire
Company of
Augusta to
consist of 100
men.

Proviso.

BE it therefore enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, the Fire Company of the city of Augusta'
shall be composed of one hundred, instead of sixty men, under the same rules, exempr
tions and restrictions as heretofore : Provided, nothing in this act shall be so construed
as to prevent said company from doing militia duty, in case of invasion or insurrection,
any law to the contrary notwithstanding*

Assented to, 14th December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor,

• •

■

SOCIETIES AND COMPANIES. 1819. 357

AN ACT (No. 542.)

To alter and amend dn act, entitled " Jin act to incorporate the Protestant Epis-
copal Society of Augusta and county of Richmond, and to authorize the Trus-
tees of the Richmond Academy to convey a Lot of Land, in the city of Augusta,
to said Protestant Episcopal Society.'7

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it js hereby enacted by the>authority of the same, That The persons
from and after the passing of this act, that Richard Tubman, John Carter, Samuel Hale, sent as the
Valentine Walker, George Walton, Thomas Watkins, John A. Barnes, Edward F. p"0sJegtsa°[tlie
Campbell, Augustine Slaughter, Freeman Walker, James C. Winter, L. C. Cantelou, Episcopal So-
Milledge Galphin, Patrick Carnes and John Course, at present known as the trustees of gusta, incor-
the Protestant Episcopal Society in the city of Augusta and county of Richmond, and the name of
their successors in office, shall be, and they are hereby declared to be, a body corporate, Gardens' and

by the name and style of the Churchwardens and Vestrymen of the Episcopal Church Vestrymen of
f • J r r the Episcopal

in Augusta, called St. Paul's Church; and that John Carter and Augustine Slaughter as Church in
churchwardens, and Richard Tubman, Samuel Hale, Valentine Walker, George Wal- e(j st. Paul's
ton, Thomas Watkins, John A. Barnes, Edward F. Campbell, Freeman Walker, James urc '
C. Winter, L. C. Cantelou, Milledge Galphin, Patrick Carnes and John Course, as The property-
vestrymen, shall be invested with all manner of property, both real and personal, all church vested
monies due, donations, gifts', grants, hereditaments, privileges and immunities whatever, *n c ves"
which may belong to the said church ; and all monies that have been granted for build-
ing a new church, or which may hereafter be given, granted, conveyed or transferred
for the completion of said church in Augusta, or which may be transferred to them, or
to their successors, in of&ce, to "have and to hold the same, for the proper use, benefit.

and behoof of saki church : and the said churchwardens and vestrymen, and their sue- Corporate
•* - m> 1 • 1 1 iii powers of

cessors m office, areJiereby authorized to have and use a common seal; ana tney are said church-
hereby declared capable of suing and being sued, and of using all necessary legal steps ^^^0"
for recovering and defending any property whatever, which the said church may hold,

claim or demand, and is herein secured or otherwise; and also with power to make all
necessary rules and regulations, and to recover, in their own name or otherwise, as well
the said monies as other property, with all rents, issues and profits of the same, or of
any lands, monies or other estate belonging thereto, or of any part thereof.

5 R

858

SOCIETIES AND COMPANIES. 1819.

(No. 542.) Sect. 2. And be it further enacted, That the said churchwardens and vestrymen
Continuance shall hold their offices until Easter Monday next; and on that day, and on every other
Time, place Easter Monday annually thereafter, the pew-holders, and all male persons who shall
ejecting have joined the congregation, as members in full communion in St. Paul's church, as

aforesaid, shall convene at the church aforesaid, and there, between the hours of ten and

churchwar-
dens and ves
trymen.

two o'clock, elect by ballot, from among the pew-holders and communicants of said
church, two discreet persons as churchwardens, and eight other discreet persons as
vestrymen for the said church, who shall be, and are hereby declared to be, vested with
all powers to carry the purposes intended by this act fully into effect.

This act may
be altered or
repealed by
any future
legislature.

Sect. 3. And be it further enacted, That nothing in this act contained shall be so
construed as to prevent the alteration or repeal of the whole or any part of this act by a
future General Assembly. ' -

Repealing

clause.

**»

Sect. 4. And be it further enacted, That all laws or parts of laws conflicting with

• • *

i • ■

this act be, and they are hereby repealed.

Assented to, 21st December, 1819.

DAVID ADAMS,

Speaker of the House of Representatives. '

MATTHEW TALBOT,

President of the Senate.

** »<

JOHN CLARK, Governor. .,

,**

(No. 543.)

. an act-

To incorporate the Wharf Company of Augusta'.* ~

Preamble.

WHETRE A*S, the city council of Augusta, did lately conv-ey untp Henry Shultz, of said
city, a certain lot or parcel of ground, extending from Washington-street to'McIgitosh-
street, on the margin of the Savannah river, in said city, for the purpose of efectkig a
wharf or wharves: And whereas, the said Henry Shultz, after having erected thereon an
extensive range of wharves, did release and convey all his right, title and interest therein
to James McLaws, as president of an association or company, who have styled them-
selves " The Wharf Company of Augusta," and for the use of said company :

SOCIETIES AND COMPANIES. 1819. 359

■■■.'■ ■ ■ j •

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the (No. 543.)

Utate of Georgia, in General Assembly met, and it is hereby enacted by the authority of

the same, That the several stock or shareholders in said range of wharves, and their The Wharf

Company of
successors shall be, and they are hereby declared to be, a body corporate and politic, by Augusta

the,, name and style of " The Wharf Company of Augusta," and under that name and

style may sue and be sued, defend and be defended, in any court of law «or equity in this May sue and

state, and shall moreover be entitled to all the privileges of a corporation or body politic :

Provided, any rules or regulations they may make or establish, be not repugnant to the Proviso.

laws or constitution of this state or the United States* •

t ♦*

'.''•'■''
Sect. %^>And be it further enacted by the authority .aforesaid, That all the property, The rights and

rights and privileges, which were given and conveyed by the said city council of Augusta J^chfne city
to the said Henry Shultz be, and the same are hereby vested in " The Wharf Company counc-d con-
of Augusta" aforesaid : Provided, that nothing herein contained shall be so construed as ry Shultz vest-
to prevent any future legislature from repealing the whole or any part of this act : pany.

Provided nevertheless, that nothing herein contained shall be so construed as to authorize P^v|so-

* . . Proviso,

the sai<J. corporation to issue bills, commonly bank bills or change bills.

•■»"'*.*...« *

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 22d December, 1819.

JOHN CLARK, Governor,

5R 2

■

860

SOCIETIES AND COMPANIES. 1819.

|No. 544.)

AN ACT

Making a donation to the Savannah Poor-House and Hospital.

BE it enacted by the Senate and House of Representatives of the state of Georgia*

m •

given in General Assembly met, and it is hereby enacted by the authority of the same, That
to the Savan- - - ___•*: _ .

nah Poor-
house and
Hospital.

the sum of five thousand dollars be, and the same is hereby given to the institution
known by the name of the Savannah Poor-House and Hospital, and that the treasurer
do, upon the application of the commissioners of the said institution, pay over the said
sum out of any monies in the treasury not otherwise appropriated.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to, 22d December, 1819.

r • JOHN CLARK, Governor.

* *

[ 861 J

■Mjft ,

STAGE CARRIAGES

AN ACT

To invest William A. Dunham tvith the exclusive right and privilege of running a
line of Stages from Savannah to St. Mary's, for the term often years from the
first day of January next.

WHEREAS, the southern and eastern parts of the state have derived great benefit Preamble.
and experienced much convenience from the line of stages which has been kept up for
some years past by William A. Dunham :

BE it therefore enacted by the Senate and House of Representatives, in General Assembly

met, and by the authority of the same, That William A. Dunham, of the town of Darien, The exclusive

his heirs and assigns, shall be, and he is hereby fully invested with the exclusive right nmffaline of

and privilege of running a line of public stages between the towns of Savannah and St. stages °e"

Mary's, in such manner and on such conditions as has been usual irt the granting of nah and St.

,. ' * Mary's invest-

such privileges, for the full term of ten years from the first day of January next. ed in William

A. Dunham,

BENJAMIN WHITAKER,

— Speaker of the House of Representatives .

WILLIAM RABUN,

|fr i President of the Senate,

Assented" to, 7th December, 1812.

D. B. MITCHELL, Governor-

862

STAGE CARRIAGES. 1816.

(No. 546.)

AN ACT

To secure to Daniel Hotchkiss, his heirs and assigns, for the term of ten years, the
sole and exclusive right of running a line of Stage Carriages between the city of
Savannah and the town of Milledgeville.

Daniel Hotch-
kiss, his heirs,
&c. vested
with the ex-
clusive right
of running a
line of stages
between Sa-
vannah and
Milledgeville,
for ten years.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted <by the authority of the same,
That Daniel Hotchkiss, his heirs and assigns, shall have the sole and exclusive right of
running a line of stage carriages, for the conveyance of passengers and- their baggage,
between the city of Savannah and the town of Milledgeville,, in this state, by way of
Louisville and Sandersville, or such other route as the post-road, from one place to the
other, may 'be established and laid out, for the term of ten years, to commence on the
first day of January next, which wjjll be in the year of our Lord one thousand eight
hundred and seventeen.

Violations of
this exclusive
right.

How punish-
ed.

Proviso.

Se-ct. 2. And be it further enacted, That if any person or persons shall," within the
said term of ten years, presume to run any stage carriage or carriages, in any manner,
for fare or hire, between the city of Savannah and the town of Louisville, or between
the city of Savannah and the town of Sandersville, in the county of Washington, *or be-
tween the tojvns of Louisville and Sandersville, or between the cities of Milledgeville
and SavannahjLpr on any road whatever, between the aforesaid mentioned places ; or
shall presume^) convey, for- fare or, hire, in any stage carriage, any passenger or passen-
gers, between the towns aforesaid, so as to abridge the right granted by this act to the
said Daniel Hotchkiss, without the consent or concurrence of the said Daniel Hotch-
kiss, under his hand and seal,* first obtained ; every such person or persons offending,
shall forfeit and pay to the said Daniel Hotchkiss, his heirs and assigns, the sum of ten
dollars, for every and anv passenger so carried by any person or persons, to be reco-
vered by the said Daniel Hotchkiss, or his legal representatives, by action of debt, be-
fore any court having cognizance thereof : Provided nevertheless, that the saipl Daniel
Hotchkiss shall, within the term of five months from the passing of tMs act, commence
and put in practice the running the said line of stages, and continue the same, between

the said city, of Savannah and town of Milledgeville, to the end of the time aforesaid.

BENJAMIN WHITAKER, •

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

STAGE CARRIAGES. 1816. 353

AN ACT* (No. 547.)

To secure to Robert H. McRea and Richard H Long the exclusive right and

, privilege of running a line of Stage Carnages fwvn Augusta, via Columbia

Court-house in Columbia county, th& town of Washington in the county of

Wilkts, Lexington in the county of Oglethorpe, and to Athens in the county of

Clark, for the term of ten years.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the said Robert H. McRea and Richard H. Long, their heirs, assigns, or legal re- Robert McRea

* , > * * and Richd. H»

presentatives, shall have the sole and exclusive privilege of running a line of stage car- Long, their

riages, for the convenience of passengers and their baggage, and for other purposes, ed w|tn ^ie

between the said citv of Augusta, in the county of Richmond, via the said Columbia e.xc'usl^e

J ° J right or run-

court-hoiifee, in the county of Columbia ; the said towli of Washington, in the county ning a line of

\ V stages be-

of Wilkes ; the town of Lexington, in the county of Oglethorpe, and to the said town tween Augus-

of Athens, in the county of Clark, for the term of ten years ; and to commence the for tne term '

operation of running the said line of stages on or before the first day of October, in the ten years-

year of Xfixr Lord, one thousand eight hundred and seventeen.
••**- *• ** •*

I Sect. 2. And be it further enacted, That if any person or persons shall, within the Liability of

. , * . r r persons vio-

^aid term, presume to run any stage carriage or carriages, or in any manner, lor tare or iat;„g sai<i

hire, between the places aforesaid, without the consent or concurrence of the said Robert riSht-
H. McRea and Richard H. Long, or their legal representatives first had and obtained;
every such person or persons so offending, shall forfeit and pay to the said Robert H.
McRea and Richard H. Long, or tbeir legal representatives, their heirs and assigns,
double the amount of the, sum or sums of money demanded or received by the said
person or persons, for the carriage or conveyance of amy person or persons to or from
a"ny. part or place within the limits of the said city of Augusta and the town of Athens,
comprehending all the different routes between the same, to. be recovered by the said
Robert H. McRea and Richard H. Long, or their legal representatives, by an action of
actions of debt, before any magistrate or court having competent jurisdiction thereof:
Provided, that the said Robert H. McRea and Richard H. Long, or their legal represen- Proviso,
tatives, shall, within the term of one year from and after the passage of this act, com-
mence and put into complete operation the running the line of stages aforesaid, and

See act of 1817, No. 549, amendatory of this act.

364 ' STAGE CARRIAGES. 1816.

(No. 547.) continue the same, unavoidable accidents excepted, at least once in every week, between
the places, and to the end of the term aforesaid, unless the said Robert H. McRea and
Richard H. Long, or 'their legal representatives, should think proper to discontinue the

Proviso, same : Provided nevertheless, that it shall not be lawful for the said Robert H. McRea

and Richard H. Long, or their legal representatives, to discontinue the said line of
stages, until they, or their legal representatives, shall have first given, in one or more of
the public newspapers in this staite, at least three months previous notice of their inten-
tion so to do, * i

BENJAMIN WHITAKER,

■Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

•'

No. 548.)

AN ACT

-K . *

To enable Daniel Hotchkiss, Reuben Taylor, William Gordon and Joim Fryer,
the present proprietors of the line of Stages between the cities of Savannah and
Augusta, to give security for running the said Stages, for and to the end of the
time ivhich the right of running said line of Stages was granted to Lewis Col-
frey and John Coats.

BE it enacted by the Senate and House, of Representatives of the state cf Georgia, in
Daniel Hotch- General Assembly met, and it is hereby enacted by the authority of the same, That

JC1SS T?,6?\l i)GTl S

Taylor, wil- Daniel Hotchkiss, Reuben Taylor, William Gordon and John Fryer be permitted,

iia™ G"rJ°n' upon producing their titles to the Governor of this state, to the line of stages between

er, authorized Savannah and Augusta, to give the security which is required from Lewis Calfrey and
to give secu- , ^k

rity for the John Coats, in the act investing the said Lewis Calfrey and John Coats with the right

line of stages to run a line of stages between the before mentioned places, for and during the time of
^Sand*" ten years from the first °ctober> 1811'

A<ugusta •BENJAMIN WHITAKER, #

Speaker of the House of Representatives.

\ WILLI AM. RABUN,

President of the Senate,
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

STAGE CARRIAGES, 1817. 365

AN ACT (No. 549.)

To secure to Robert H. McRca and Richard II. Long the exclusive right and
privilege of running a line of Stages, from Washington, in the county of Wilkes,
to Eatonton, in the county of Putnam, via Greensborough, in the county of
Greene, for the term often years, and to amend an act, entitled An act to se-
cure to Robert II. McRea and Richard H. Long the exclusive 'privilege of run-
ning a line of Stage Carriages from Augusta, via Columbia Court-house, in Co-
lumbia county, the town of Washington, in the county of Wilkes, Lexington,
in the county of Oglethorpe, and to Athens, in the county of Clark, for the
term of ten years.

McKea and
presentatives, shall have the sole and exclusive privilege of running a line of stages, for Richard H.

the conveyance of persons and their baggage, and for other purposes, between the said heirs &c.
town of Washington, in the county of Wilkes, via the said town of Greensborough, in vested with ^

the county of Greene, to Eatonton, in the county of Putnam, for the term of ten years, privilege of

running1 a line
of stages be-
tween Washington and Eatonton, via Greensborough, for the term often years.

Sect. 2. And be it further enacted, That if any person shall presume to run, within Liability of

',".. ■ ■-. , ': «.'■-. . . , • c persons vio-

the said term 01 ten years, any stage carriage or carnages, or any other carriage, lor \^m„ sa-Ki

the aforesaid purpose, in any way, for hire or fare, without the consent of the said Ro- PriV"eSe-
bert H. McRea and Richard H. Long, or their legal representatives, first had and ob-
tained, such person or persons so offending, shall forfeit and pay to the said Robert H.
McRea and Richard H. Long, or their legal representatives, the sum of fifty dollars for
ever^such offence so committed, to be recovered by an action or actions of debt, before
any court of competent jurisdiction: Provided, that the said Robert H. McRea and Proviso.
Richard H. Long, or their legal representatives, shall, within the term of one year from
and after the passing of this act, put into operation the said line of stages, and continue

the same, unavoidable accidents excepted, at least once in every week, between the

places aforesaid, and to and for the term of ten years : Provided also, that the said Ro- Proviso,
bert H. McRea and Richard H. Long shall be at liberty to discontinue their operation,
at any time, by first giving two months notice.

5 S

'% *

. ■

866

STAGE CARRIAGES. 1817.

Sect. 3. .And be it further enacted, That the said Robert H. McRea and Richard H.
Long may, at any time from and after the passing of this act, discontinue or relinquish
their right of running a line of stage carriages on any part of the route, prescribed in an
" act to secure to Robert H. McRea and Richard H. Long the exclusive right and pri-
vilege of running a line of stage carriages, from Augusta, via Columbia Court-house, in
Columbia county, the town of Washington, in the county of Wilkes, Lexington, in the
county of Oglethorpe, and to Athens, in the county of Clark, for the term of ten
years," first giving two months notice, without affecting the rights and privileges, se-
cured to them by the said act, to such part of said route as may be by them continued
in complete operation.

(No. 549.)

Said McRea
and Long-
may relin-
quish their
right of run-
ning- a line of
stages on an)'
part of the
route, pre-
scribed in the
act vesting in
them the ex-
clusive right
of running a
line between
Augusta and
Athens.

Assented to, 18th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

(No. 550.)

AN ACT

To secure to John Butt, his heirs and assigns, for the term often years, the sole and
exclusive right of running a I me of Stage Carriages between the city of Augusta
and the town of Milledgeville.

John Butt, his
heirs, &c.
vested with
the exclusive
privilege of
running a line
of stages be-
tween Augus-
ta and Mil-
ledgeville, for
ten years.
Forfeiture of
persons vio-
lating said
privilege.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That John Butt, his heirs and assigns, shall have the sole and exclusive privilege of
running a line of stages, for the conveyance of persons and their baggage, and for other
purposes, between the city of Augusta and the town of Milledgeville, in this stat!§, by
way of Warrenton, Powelton and Sparta, or such other route as the post-road from one
place to the other may be established and laid out, for the term of ten ^ears.

Sect. 2. And be it further enacted, That if any person shall presume to run, with-
in the said term of ten years, any stage carriage or carriages, or any othelfe; carriage,
for the aforesaid purpose, in any way, for hire or fare, without the consent of the said
John Butt or his legal representatives first had and obtained, such person or persons so
offending shall forfeit and pay to the said John Hutt, or his legal representatives, the sum

ikJl

STAGE CARRIAGES. 1817. 867

of fifty dollars for every such offence so committed, to be recovered by an action or (No. 550.)
actions of debt before any court of competent jurisdiction : Provided, that the said John Proviso.
Butt or his legal representatives shall, within the term of one year from and after the
passing of this act, put into operation the said line of stages, and continue the same,
unavoidable accidents excepted, at least once in every week, between the places afore-
said, and to and for the term of ten years : Provided also, that the said John Butt shall Proviso.
be at liberty to discontinue their operation on any part of said route at any time, by first
giving two months notice.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

AN ACT (No. 551.)

To secure to John Courts, his heirs and assigns, for the term often years, the sole
and exclusive right of miming a line of Stage Carriages between the towns of
Darien and Milledgeville.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Asserhbly met, and it is hereby enacted by the authority of the same,

That John Courts, his heirs and assigns, or legal representatives, shall have the sole and John Courts,

. , r . ,. r • r ^ r i h>s heirs, &c=

exclusive right or running a line ot stage carriages, lor the conveyance ol passengers and veste(] with

their baggage, between the town of Darien and the town of Milledgeville, in this state, f exclusive

by the way of Dublin, for the term of ten years, to commence on the first day of Janu- running a line
J of stages be-

ary next, or within three years thereafter. tween Darien

and Milledge-
ville, for ten

Sect. 2. And be it further enacted, That if any person or persons shall, within the said yearSg
term of ten years, presume to run any stage carriage or carriages, in any manner, for fare
or hire, Jaetween the towns of Darien, Dublin or Milledgeville, or on any post-road
whatever between the aforesaid mentioned places, or shall presume to convey, for fare or
hire, in any stage carriage, any passenger or passengers between the towns aforesaid, so
as to abridge the right granted by this act to the said John Courts, without the consent

5 S 2

868

STAGE CARRIAGES. 1818.

Proviso.

(No. 551.) or concurrence of the said John Courts, under his hand and seal, first obtained, every

Forfeiture of pers0n or persons so offending, shall forfeit and pay to the said John Courts, his heirs

persons vio-

lating said and assigns, or legal representatives, the sum of twenty dollars for every and any passen-
ger so carried by any person or persons, to be recovered by the said John Courts or his
legal representatives, by action of debt before any court having cognizance thereof:
Provided nevertheless, that the said John Courts shall not recover the penalties hereby
imposed until he shall have actu^y commenced running the said line of stages ; and
after commencing running the said line of stages, if the said John Courts or his assigns
shall discontinue the same for three months, at any one time, the privileges hereby granted
shall cease.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

Assented to, 18th December, 1818.

(No. 552.)

AN ACT

To secure to John Colby the right and privilege of running a line of Stages from
Madison, in Morgan county, via Greensborough, to Powelton, in Hancock
county, for the term often years.

John Colby,
his heirs, &c.
invested with
privilege of
running' a line
of stages from
Madison to
I'ovvelton, via
Gi'eensboro*,
for ten years.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the said John Colby, his heirs and assigns, or legal representatives, shall have the
privilege of running a line of stages, for the conveyance of persons and their baggage, and
for other purposes, between the said town of Madison, in Morgan county, via Greens-
borough, to Powelton, in Hancock county, for the term of ten years.

Penalty for Sect. 2. And be it further enacted, That if any person shall presume to run, within

said privilege. tne sa*^ term of ten years, any stage carriage or carriages, for the aforesaid purpose,
without the consent of the said John Colby, shall forfeit and pay to the said John
Colby, his heirs or assigns, double the amount charged for the' conveyance of any per-
son or persons so conveyed, to be recovered in any court having jurisdiction thereof.

..,*.».

STAGE CARRIAGES. 1819. 869

Sect. 3. And be it further enacted, That the said John Colby shall commence running (No. 552.)
the said line of stages on or before the first of August next, and shall not discontinue of ^"une^
the same until two months public notice is given, in some public paper within this state. when to com"

Sect. 4. And be it further enacted, That the said John Colby shall run, or cause to
be run, between the places aforesaid, at least twice every week : Provided nevertheless, Proviso,
that if the said John Colby should not put in operation* the said line of stage carriages,
as before stated, the justices of the Inferior Court of Greene county shall have the
power to authorize some other person to run the said line of stages ; and this act shall
be applied to him in as full a manner as it is to John Colby.

DAVID ADAMS,

Speaker of the HouSe of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 22d December, 1819.

JOHN CLARK, Governor.

•

[ 870 ]

T A X.

AN ACT

The tax act
passed in
1804, and the
acts amenda-
tory thereof,
declared in
force, with
certain altera-
tions, &c. for
the year 1813.

Tax returns
receivable un-
til the 1st of
May, 1813.

Defaulters to
be taxed four-
fold.

Not to be ex-
onerated by
any subse-
quent return.

To raise a Tax for the support of Government, for the political year 1813.*

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority thereof it is hereby enacted,
That the act to raise a tax for the support of government, for the year 1805, passed the
12th clay of December, 1804, and all other acts amendatory thereto, with the alterations
and amendments herein after expressed, be, and the same is hereby declared to be in
force, as the act by which the tax for the support of government, for the political year
1*13, shall be assessed, levied and collected.

Sect. 2. And be it further enacted by the authority aforesaid, That the receivers of
returns of taxable property shall, in the manner and at the times pointed out by the
aforesaid act, receive the returns of taxable property of all persons liable to pay a tax,
until the f first day of May, 1813 ; and shall, immediately thereafter, proceed to assess a
*four-fold tax on the property of all such persons as shall then have neglected or refused
to have made return of their taxable property; and' in assessing such tax, the receiver
shall be governed, as to the property owned by the defaulter, by such information as he
may be able to obtain from the neighbours of such defaulter, or by the return on the
digest in the clerk's office, made by such defaulter for the preceding year ; and no per-
son, after he or she shall have been taxed four-fold as aforesaid, shall be allowed to

* This act revived, with alterations and amendments, by act of 1813, No. 555 ; then revived and continued,
with the amendments contained in the act of 1813, by act of 1814, No. 557; then continued for the year 1816
by act of 1815, No. 559 ; and again continued, for the year 1817, by act of 1816, No. 561 : which see.

f Now receivable until the 1st of August in each year. See act of 1813, No. 555.

t See the third and fifth sections of the act of 1813, No. 555.

...„m. ^

TAX. 1812. 871

exonerate him or herself from the payment of said tax, by making a return of his or her (No. 553.)

property to the clerk, of either of the courts, or any other person; and it shall be the Receiver to
' . . r r ,, . r ...... . annex to his

duty of the receiver or returns ol taxable property, previous to finishing his digest, to digest the

annex thereto the names of the defaulters, and the amount of tax, assessed in the man- j*?16].0 S d

ner herein before pointed out, due bv each ; and the receiver shall be entitled to five per the amount of

the tax due by
cent, on the amount of tax assessed on defaulters, as well as on the amount of the tax each.

of those persons making regular returns ; and the tax thus assessed on persons neglect- Entitled to
r ° ° i o five per cent

ing or refusing to make return of their taxable property, shall be by the collectors col- thereon.

lected and paid into the treasury, without any abatement, except such as shall be recom- Said tax> hovv

mended through a grand jury, on account of the insolvency of any person who may be

so taxed : Provided,* that on application to the justices of the Inferior Court of each Proviso.

county, a majority of them shall have power to remit such four- fold tax so assessed as

aforesaid, if it should appear to them that the person or persons so assessed have not

had an opportunity to make their return agreeable to the directions of this act.

Sect. 3. And be it further enacted, That no receiver of returns of taxable property Receivers'
shall receive from any collector any part of his commissions, until he shall have pro- wjlen payable!
duced to the collector the comptroller general's receipt for the digest of taxable pro-
perty required to be deposited in his office, in which receipt shall be specified the amount
of commissions due such receiver ; and no collector shall be allowed a credit at the Collector,
comptroller general's office for the commissions of any receiver, until he shall have pro- credited for
duced to the comptroller the receipt given by him to the receiver for the digest as ^e same at ,
aforesaid, with the receipt thereon of the receiver, for the amount of his commissions ler's office,
as herein specified.

Sect. 4. And1" be it further enacted, That the collectors of the tax imposed by this act Collectors'

shall pay into the treasury the amount with which they stand charged in the comptroller treasury regu-

general's office, after deducting theirs and the receivers' commissions, and the amount of a e '

their insolvent lists, and shall close their accounts on or before the first day of Decern- Theiraccounts

ber, one thousand eight hundred and fourteen ; and if any collector shall fail to close closed.

his account by the time above specified, it shall then be the duty of the treasurer and If not close(i

J ' r • J by the time

comptroller general, immediately to issue execution against him and his securities, for specified, exe-

the balance which shall appear, by the comptroller general's books, to be due on the said against them

first day of December, one thousand eight hundred and fourteen ; which balance shall ^"]es |*£ s^™"

bear an interest of eight per cent, per annum ; and the execution thus issued shall direct baiance due»

x which shall

said interest to be collected accordingly : Provided, that in counties where receivers and bear eight per

cent, interest-

Proviso.

* See the 7th section of the act of 1813, No. 555, as to the construction of this provision. See the 8th
Section also.

872

TAX. 1812.

(No. 553.) collectors are not regularly appointed, the treasurer and comptroller shall, previous to
charging such collectors with interest, ascertain from the dates of their appointments,
whether they have had the same length of time to collect the taxes as is allowed collec-
tors regularly appointed.

Receivers' di-
gests to be
delivered to
collectors by
the 1st of Au-
gust, 1813.

Penalty for
h on -perform-
ance.

Duty of col-
lectors.

Proviso.

Sect. 5. And be it further enacted by the authority aforesaid, That the receivers of
returns of taxable property shall, on or before the first day of August, one thousand eight
hundred and thirteen, deliver to the collectors a digest of the taxable propert)' of the
counties for which they are respectively appointed, under the penalty of incurring the
fine for non-performance of that duty imposed by the act herein first recited ; and the
collectors may, immediately on the receipt of such digest, provided they have been duly
commissioned and have given bond, and qualified agreeably to law, proceed to collect the
tax therein assessed, giving, however, the notices required by the said first recited actT
and the time of advertising collectors' sales ; and the days on which they shall take place
shall be the same as are prescribed by law for sheriffs' sales : Provided, that such collector,
in all cases where they, or either of them, shall levy or distrain on any personal ppoperty
for the collection of a poll tax only, that it shall be his duty to advertise the property so
levied upon as aforesaid, in three of the most public places in the captain's district, at
least fifteen days previous to such intended sale, wherein such defaulter resides, or may
have resided at the time of giving in his return to the tax receiver ; and his property shall
be sold under the -same restrictions as are heretofore pointed out by the tax law now in
force.

No collector to Sect. 6. And be tt further enacted. That no tax collector shall proceed to collect any

collect any tax

after the expi- tax due from any individual, which he was authorized to collect agreeable to law, by

years. virtue of his appointment, after the expiration of two years : Provided, sufficient property

Proviso. can be found in the county to satisfy such tax due by any individual or individuals.

Insolvent lists, Sect. 7. And be it further enacted, That when the collector shall have his insolvent

proceedings . * . .

with regard to. list credited, it shall be the duty of the grand jury to retain a copy of such list, and direct

the collector to issue executions for the same, and place them in the hands of some con-
stable of the county for collection-; who shall be entitled to the same fees as he is entitled
to for other executions, and two and one half per centum ; and the balance shall be paid
by the said constable to the clerk of the Inferior Court, whose duty it shall be to trans-
mit the same to the treasurer.

■

TAX. 1812. 873

Sect. 8. And be it further enacted, That no tax collector shall be allowed his insolvent (No. 553.)

list after execution shall have issued against him, unless he will come before the comp- terms allowed,

troller general, and have the same fairly adjusted.* tioThastssued

against any
collector.
Sect. 9. And be it further enacted, That in all cases where free persons of colour, subject Tax of free

to taxation, fail or refuse to pay their tax, it shall be the duty of the tax collector to hire {^^how col

to the highest bidder such free person for such term as shall be sufficient to pay his or her £ected

tax.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

AN ACT (No. 554.)

To compel citizens of the different counties in this state ; as well as citizens of other
states, who do now, or hereafter may own Slaves residing in the county of
Scriven, to make a return of and pay Taxes on, all such Slaves as aforesaid, to
the receivers of returns and collectors of Taxes for the aforesaid county of Scri-
mn, either by themselves, their attorneys, agents, trustees or guardians.

WHEREAS, a number of citizens of this state residing in different counties thereof, Preamble,
as well as citizens of other states who do now, or hereafter may own slaves residing in
the county of Scriven, and there being no law to compel the aforesaid slave-owners to
make a return of, and pay taxes in the aforesaid county of Scriven, where such slaves do
now, or hereafter may reside ; for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, That from and after the first day of January next, Persons not

it shall be the duty of all such citizens of this state residing in the different counties yen counw

but having
slaves therein,

" : — — — g|la|j ma|re a

* See act of 1815, No. 558, for further particulars relative to insolvent lists.

5 T

874 TAX- 1812-

(No. 554.) thereof, as well as citizens of other states now owning, or hereafter may own slaves

1ft*uri\t ay6 resident in the county of Scriven, to make a return of all slaves owned by them, now

the tax on the residing:, or hereafter may reside in the aforesaid county of Scriven, to the receivers

same to the °' J f "

proper offi- of tax returns, and pay the taxes thereon to the collector of taxes for the county afore-

eers of said . . .

county. said, either by themselves, their attorneys, agents, trustees or guardians.

Duty of the Sect. 2. And be it further enacted, That if any person or persons as aforesaid, should

receiver unci

collector, in fail to comply with the requisitions of this act, then and in that case, it shall be the duty

sons <fo not " °^ t^ie receiyer °f tax returns for the county of Scriven to return the same as defaulters

comply with to tjie collector of taxes for the aforesaid county of Scriven, whose duty it shall be to

this act. , J

Preamble to proceed against them as the tax law now in force directs. And whereas, the tax law now
section od. jn force reqUires all persons to take an oath or affirmation in the words following, to wit:
I do swear, or affirm, as the case may be, that the account which I now give in is a just
and true account of all the taxable property which I was possessed of, held or claimed on
the first day of January last, or was interested in, or entitled unto, either in my own
right, or the right of any other person or persons whatever, as parent, guardian, executor,
administrator, agent or trustee, or in any other manner whatever, according to the best
of my knowledge, information and belief, and that I will give a just and true answer to
all lawful questions that may be asked me touching the same ; and all this I declare with-
out any equivocation or mental reservation whatever, so help me God.

Persons living Sect. 3. And be it further enacted, That any person or persons living out of the

county allow- county of Scriven, and holding slaves in said county, shall be at liberty, when giving m

cd to except^ tke rjst Qf tneir general tax return, to except the slaves residing in the county of Scriven.

slaves as re-
side therein,
when making Sect. 4. And be it further enacted, That any and every person or persons, not citizens

tax return. of Scriven county, so excepting slaves resident in the county of Scriven, shall take and
subscribe the following oath or affirmation, to wit, either by themselves, their attorneys,

Oath of said agents or trustees: I, A. B. do solemnly swear, or affirm, as the case may be, that the
slaves now given in by me, is a just and true account of all slaves owned by me in the
county of Scriven, or that I was interested in, in any manner, on the first day of January
last, either in my own right or the right of any other person or persons whatsoever, as
parent, guardian, executor, administrator, agent or trustee, or in any other manner what-
soever ; so help me God : any law, usage or custom to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate.

Assented to, 10th December, 1812.

D. B. MITCHELL, Gove^or.

nersons.

TAX. 1813. 875

""" ' = ===- - __ ^^^

-■ • ■
AN ACT* (No. 555.)

To raise a Tax for the support of government for the political year one thousand
eight hundred and fourteen, and to revive, alter and amend an act, entitled An
act to raise a tax for the support of government for the political year one thousand
eight hundred and thirteen.

Sect. 1. BE it enacted by the Senate and Itouse of Representatives of the state of

Georgia, in General Assembly met, That from and after the passage of this act, the re- Tax returns

. r , , i ii i r • i r receivable un~

ceivers of returns ot taxable property shall continue to receive the returns atoresaid or til the first

all persons liable to pay a tax until the first day in August in each year. ^ in each year.St

Sect. 2. And be it further enacted by the authority aforesaid, That the receivers of Receivers to

deliver their
returns of taxable property shall, on or before the first Monday in November, in each digests on or

year, deliver the several digests, and perform all other duties required of them, according 0f November t

to the requisitions of the before recited act : Provided, said requisitions be not repug- m each year'

nant to this act. * .* Proviso,

i -

Sect. 3. And be it further enacted by the authority aforesaid, That all persons who Persons who

may have incurred the penalty of a fourfold tax under the before recited act; shall be a fourfold tax,

exonerated from the payment of the same, on payment of one-third part of the same, and maf te f x"

it shall be the duty of the several tax collectors in the several counties to receive one- tne payment

of one-third
third part of the tax which may be on their books charged against defaulters, and on thereof.

receiving the same, to give receipts in full, and in their settlements with the comptroller

general, be entitled to a credit for the whole of the said fourfold tax on paying one-third

thereof; and in case any such defaulter shall neglect to pay the one-third as aforesaid, Execution to

• • . issue for one*

the collector shall not be at liberty to issue his execution against such defaulter for third only of

more than the one-third of the said fourfold tax. ^ fourlbld

Sect. 4. And be it further enacted, That from and after the passage of this act, the Duty of re-

r i ii • i i i i • ceivei-s, with

receivers or tax returns shall give at least twenty days notice, at the muster-ground in regard to no-

each captain's district, of the time of expiration for receiving of said lists, together with
the names of persons who have not then given in their lists ; and immediately after said
time has expired they shall make out a fair list of the persons in default, and advertise the

* The act of 1812, No. 553, together with the amendments contained in this act, continued in force for
1815, by act of 1814, No. 557. "' • *% *m

5 T 2

tice and ad-

876

TAX.

^No. 555.) same at each captain's muster-ground, which shall supersede the necessity of advertis-
ing defaulters in the public gazettes.

That part of Sect. 5. And be it further enacted, That the provisions in the before recited act, so

act requiring ^ar as respects the receivers assessing a fourfold tax in cases of default, be, and the same
the assessment are nerebv repealed ; and that the receivers of tax returns do proceed to assess a double

of a fourfold J r r

tax repealed, tax in cases of default, as prescribed by the tax law passed the tenth day of December,

faukSadoubie 1812, raising a -tax for the political year 1813.
tax to be as-
sessed.
Tax on bank Sect. 6. And be it further enacted, That all bank stock shall pay, for each and every

hundred dollars, thirty-one and a quarter cents, in this state.

stock.

That part of And he it further enacted, That nothing in the before recited act, authorizing the In-

xvltichempow- ^rlOY Courts to remit fourfold tax on defaulters, shall be so construed as to authorize

ers the Infe- them to remit more than three-fourths of the tax charged on the receiver's books, or

nor Court to P '

remit the four- any greater part of said tax than shall reduce the same to a less sum than his, her or
ibid tax on . ..4- »'•> • , •«*>

defaulters ex- their ordinary annual tax.
plained.

* m ¥

Where the Sect. 7. And be it further enacted, That in all cases where the Inferior Court have

tax°has been d heretofore remitted the whole of the fourfold tax of any defaulters, the said defaulters
remitted, said snall be, and they are hereby required to give in their return for the year 1813, as well

CiCt civil icrs to

make a return as for the year 1814, to the receiver for the year 1814; and the receiver shall make

for 1813 as r , ■ ^ "' '

well as 1814. return of the same to the collector tor the year 1814, and shall be collected by him in

Duty of re- foe same manner as pointed out by this act for the collection of taxes ; and in case any
ceivers and _ J

collectors in such defaulter shall neglect to make his return for the year 1813, to the receiver for the

year 1814, they shall be subject to pay a double tax for the said year 1813, as pointed

out in this act in other cases of default.

Duty of re- Sect. 8. And be it further enacted, That the receivers of returns of taxable property,

ceivers and and collectors of taxes, who may hereafter be appointed and qualified agreeably to law,

with regard be, an(j they are hereby authorized and required to receive the returns of taxable pro-
to returns not J . r

made and tax- perty, and to collect the taxes thereon for all former years since 1800 inclusive, where

ed"since the any county is in default for not having made their returns as required by law : Provided,

year 1800 m- ^ ^ taxes shall be assessed in conformity to the tax laws in force at the time such

elusive. i

Proviso. default happened.

Tax for the Sect. 9. And be it further enacted, That the tax for the support of government for

year 1814, ^ political year 1814, shall be assessed, levied and collected in the manner pointed

how assessed, r .J , ' 7 r

ievtedandcol- out by the act to raise a tax for the political year 1813, passed the 10th December, 1812,
lected. , • * .* * * 5

p„nv;,n and the other acts on this subject therein referred to : Provided, the same do not con-

mm.

TAX. 181;

877

travene the amendments and alterations in this act contained ; and the receivers of tax (No. 555.)
returns and collectors of tax for the year 1814, shall be governed by the provisions of
the aforesaid acts, so far as they are compatible with this act.

Sect. 10. And be it further enacted, That the before recited act (except such parts Reviving

els, US 6

as militate against this act) be, and the same is hereby revived, and declared to be in
force until repealed by law.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

Assented to, 6th December, 1813.

PETER EARLY, Governor.

AN ACT

(No. 556.)

> httfli

To authorize his excellency the Governor to settle with the United States the
amount of Direct Tax due by the state of Georgia, and to point out the method
of reimbursing the state the said sum in part.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That his excellency the Governor be, and he is hereby fully authorized and directed to Governor au-
pay into the treasury of the United States, the amount of the direct tax due by Georgia, pay tjje direct
deducting from the amount of the same the fifteen per centum which is allowed by the *ax> Wltn a de-
United States for prompt payment. per cent, for

prompt pay-
ment.

Sect. 2. And be it further enacted, That for the purpose of his excellency the Go- May draw on
vernor, meeting the aforesaid amount of direct tax, he is hereby authorized to draw out for the amount
of the treasury of the United States, whatever monies may be due to Georgia. thereof.

Sect. 3. And be it further enacted, That for the purpose of carrying this act into
effect, his excellency is hereby fully authorized to appoint an agent or agents, and to

TAX. 1813.

(No. 556.) execute receipts, and to do all other things that may be necessary for the purpose of
carrying this act fully into effect.

An additional
tax of 50 per
cent, on the
general tax
required for
the year 1813,
imposed.

How and
when collect-
ed.

Collectors'
commissions.

Proviso.

Sect. 4. And be it further enacted, That for the purpose of reimbursing the state
(in part) the sum directed to be paid by this act, that each citizen of this state, and
all other persons holding taxable property, real and personal in said state, is and are
hereby made liable, and required to pay a tax of fifty per centum on the amount of the
state tax required of him, her or them, for the support of the government of this state,
for the political year 1813, which shall be collected on or before the first day of Janua-
ry, 1815, under the same laws and regulations as are pointed out for the collection of
the state tax, for the year aforesaid ; and it shall be the duty of the tax collectors in this
state, to collect the tax herein levied and assessed, agreeably to the requisitions of the
before recited act; for which services they shall be entitled to receive two and a half
per centum : Provided, said collectors shall first give bond and security, agreeably to the
requisitions of the before recited act, for the faithful performance of the duties herein
required of them.

collect said
tax upon the
terms afore-
said.

What to be Sect. 5. And be it further enacted, That in case any of the collectors aforesaid, shall

any collector refuse to collect the tax aforesaid, upon the terms herein before directed, that then and
Sh 3 t0 m tnat casei t^e justices of the Inferior Courts, in counties where such refusal shall be
made, shall proceed to appoint one fit and proper person in each county, to receive and
collect said tax, agreeably to the requisitions and laws herein before pointed out ; and
said collectors shall be commissioned by the Governor, and give bond and security in
conformity to the before recited act, for the faithful performance of their duty as col-
lectors aforesaid ; and for the purpose of ascertaining the amount of tax required by
this act, it shall be the duty of the clerks of the Inferior Courts to deliver to collectors
appointed in conformity to this section, the digests deposited in their offices.

Collectors re-
quired to col-
lect said 50
per cent,
from persons
who have paid
or may pay
their general
tax for 1813,
without pay-
ing said addi-
tional tax.

Further duty
of collectors.

Sect. 6. And be it further enacted, That where any person has heretofore paid, or
may hereafter pay his or her general tax for the year 1813, and who has not paid the
additional sum of fifty per cent, as contemplated by this act, the collector of the countv
where such person resides shall, and he is hereby authorized to collect the fifty per
cent, as he would have been authorized to do by this act, provided the said general tax
had not been paid.

Sect. 7. And be it further enacted, That the collectors aforesaid shall signify their
acceptance or refusal to do the duties hereby required, to the justices of the Inferior

TAX. 1813. 879

Courts aforesaid, on or before the first day of March next, and shall give bond and se- (No. 556.)
curitv in terms of this act.

BENJAMIN WHITAKER,

Speaker of the House of Representatives-,

WILLIAM RABUN,

President of the Senate-
Assented to, 6th December, 1813.

PETER EARLY, Governor.

AN ACT (No. 557.}

To levy a Tax for the support of Government, for the political year 1815, and to
reimburse the state in part the sum for which his excellency the Governor is
authorized by a concurred resolution to settle with the General Government
the direct tax for the political year 1814.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the act to impose a tax for the support of go\7ernment for the year 1813, with the The tax act of

amendments made for the year 1814, be, and they are hereby revived and continued in amendments

force for the political year 1815. SJS&SS

for 1815.

Sect. 2. And be it further enacted, That for the purpose of reimbursing the state Additional tax

of 50 per cent,
(in part) the su/n directed to be paid by his excellency, in conformity with the said re- on the general

solution, that each citizen of this state, and all other persons holding taxable property, ax imp(X
real or personal, in said state, is and are hereby liable and required to pay a tax of fifty
per centum on the amount of the state tax required of him, her or them, for the support
of the government of this state, for the political year 1814; which shall be collected and How collect-
settled by the tax collectors with the comptroller general, on or before the first day of
December, 1815, under the same rules, regulations and restrictions, as are pointed out
for the collection of the state tax now in force in this state ; and it shall be the duty of
the respective tax collectors in this state, to collect the tax herein assessed, agreeably to
the requisitions of an act, entitled An act to authorize his excellency the Governor to
settle with the United States the amount of the direct tax due by the state of Georgia,
and to point out the method of reimbursing the state the said sum in part, passed on

880

TAX. IS 14.

(No. 557.) the 6th day of December, 1813 : Provided nevertheless , that in case any of the tax col-
Proviso, lectors aforesaid, shall refuse or neglect to collect the tax aforesaid, upon the terms
pointed out in the before recited act, then and in that case the justices of the Inferior
Courts, in counties where such refusal shall be made, shall proceed to appoint one fit
and proper person to receive and collect said tax, agreeable to the requisitions of the
tax laws now in force in this state ; and the said collectors so appointed as aforesaid,
shall be commissioned by the Governor as heretofore practised for other tax collectors
Proviso. in this state : And provided also, that such collectors so to be appointed as aforesaid, if
any such should be appointed as aforesaid, shall give bond and security, in conformity
with the tax laws now in force in this state, for the faithful performance of his or their
duty as collectors, which may be appointed in conformity with this act ; and for the pur-
pose of ascertaining the amount of tax required by this act, it shall be the duty of the
clerks of the Inferior Courts to deliver to such collectors appointed in conformitv with
this act, the digest of the receiver of tax returns, deposited in their offices.

The accept-
ance or refu-
sal of the col-
lectors to per-
form the du-
ties required
by this act,
when and how
made known.
Proviso.

Sect. 3. And be it further enacted, That the collectors aforesaid shall signify his or
their acceptance or refusal in writing, to perform the duties by this act required, to
three or more of the justices of the Inferior Courts aforesaid, on or before the first
Monday in January next, and shall give bond and additional security in terms of the
tax laws now in force in this state : And provided also, that in case of such refusal being-
made by the tax collector, the Inferior Court shall not appoint the said tax collector to
collect said tax.

Securities of Sect. 4. And be it further enacted, That no securities for tax collectors shall be

C?11*bit° 7 "t? enti^e(i to n°ld the office of sheriff in any county in this state, until all monies collected

office of she- by the said tax collector or collectors shall have been paid by him or them to the proper

riff, until their . r *

principal shall authorities.

have paid over

all monies to the proper authorities.

Sheriffs, how
compensated
for collecting-
monies from
delinquent
collectors.

Proviso.

Sect. 5. And be it further enacted, That in all cases where the treasurer and comp-
troller general shall issue executions against delinquent tax collectors, it shall be lawful
for any sheriff into whose hands such execution or executions may be placed, to collect
from such delinquent tax collector two and a half per cent, on and in addition to the
amount of such execution or executions, which shall be full compensation for the trouble
and expense of such sheriff or sheriffs in collecting and paying over at the treasury the
amount of such execution or executions as may be placed in their hands as aforesaid :
Provided, that every sheriff who shall receive said per cent, shall be liable to refund the
same to the collector from whom it may be received, if he does not return the execution
and pay over the money collected thereon for the state, at the treasury, on or before the
day he may be required so to do by said execution.

TAX. 18U. ^ 881

_l_

Sect. 6. And be it^further enacted, That no collector shall hereafter be allowed an (No. 557.)

insolvent list, if he does not obtain the same at some term of the Superior Court, prior Collector's in-

, . J 7 r solvent list,

to the day on which he may be required to close his account at the comptroller general's when to be

, . allowed,

office : Provided, he shall not have been prevented from obtaining his insolvent list by proviSo.

reason of a failure of the courts. *•

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern.
Assented to, 22d November, 1814.

PETER EARLY, Governor.

AN ACT (No. 558.)

For the relief of certain Tax Collectors in this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That if any tax collector in this state shall have closed, or may hereafter close his account Tax collectors
at the comptroller general's office, by paying into the treasury the amount due by him, been allowed
without having been allowed an insolvent list, and shall thereafter obtain an insolvent ?•" insolvent

list, duly certified by the grand jury of the county for which he is collector, and produce settlemer>t at

r the comptrol-

the same to the comptroller general, it shall be the duty of the said comptroller general ler's office,

how relieved.
to give such collector a certificate, setting forth that he had filed in his office an insol-
vent list duly certified, and that his account as collector had been previously settled and
closed, without his having been allowed the amount of said insolvent list ; which certifi-
cate being presented to the executive, the said collector shall be entitled to a warrant on
the treasurer from the Governor, payable out of the contingent fund, for the amount of
his insolvent list, as expressed in the aforesaid certificate of the comptroller general.

Sect. 2. And be it further enacted, That if from any cause whatever it shall have How relieved,

happened, or may hereafter happen, that a tax collector shall pay into the treasury a payments by

them into the
treasury.

* See act of 1815, No. 558, relative to insolvent lists,
5 U

882

TAX. 1815.

■"

Jo. 553.) greater amount than that with which he is charged in the comptroller general's office, and
ought to have paid, after having been allowed all his proper credits, it shall be the duty
of the comptroller general to certify the same to the executive ; and thereupon such
collector shall be entitled to a warrant on the treasurer from the Governor, payable out
of the contingent fund, for the amount so certified to have been overpaid by him.

When a court- Sect. 3. And be it further enacted, That in any county where there shall be a county
vied Xdutv of tax levied, it shall be the duty of the grand jury, in examining the insolvent list, to

the grand jury je|jver to tne collector a list of the amount allowed him on account of the general tax,
relative to the ° 7

insolvent list. an(j also a separate list, containing the amount allowed him on account of the county tax.

Collectors re- Sect. 4. And be it further enacted, That in future the treasurer is hereby authorized
havenot been and required to wait with the tax collectors, who now are or may hereafter be in this

allowed an in- state for the am0unt of their insolvent lists claimed by them, where thev shall be pre-

solvent list, for ' J 7 ■ J r

\vantofases- vented from having the same allowed by the grand jury of the county, for want of a
perior Court, session of the Superior Court: Provided, that the said tax collector or collectors shall
Proviso. pay mto tke treasury the full amount of money due from them or him to the state, with

the above exception.

Said insolvent Sect. 5. And be it further enacted, That the tax collectors aforesaid shall, within
be returned to thirty days after the next session of the Superior Courts of their respective counties,
ler's officetr° after tfte t^me prescribed by law for their settlement with the treasurer, return to the
&c- comptroller general's office their insolvent lists, approved according to law by the grand

jury of their respective counties, or in default thereof, or payment of the amount, execu-
tion shall issue for the same, as in other cases of executions against defaulting tax
collectors.

Duty of the Sect. 6. And be it further enacted, That if the insolvent list or lists should be

casethe^rand approved by the grand jury for a smaller sum than was claimed by the tax collector, on

jury shall al- ^ns settlement with the treasurer, he shall return it as herein directed, and pav the dif-

low him a 7 r J

smaller sum ference at the same time into the treasury, or execution shall issue as herein pointed out.
ofi the insol-
vent list than
he claimed on his settlement with the treasurer.

Repealing Sect. 7. And be it further enacted, That all acts and parts of acts militating against

this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Assented to, 22d November, 1815.

D. B. MITCHELL, Governor.

•

**>*

AN ACT .(

To levy a Tax for the support of Government for the political year 1816,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the act passed the 10th December, 1812, to raise a tax for the political year 1813, The tax act

together with the acts which it revives, be, and they are hereby continued in force for the the acts which

!•.• i to -in it revives, con-

political year 1816. tinuedinforce

for 1816.

Sect. 2. ^And be it further enacted, That each and every person of this state, and all An additional

persons holding taxable property, real or personal, are hereby made liable, and are re- cent. 0n the

quired to pay an additional tax of fifty per centum on the amount of the state tax ' ose(^ -1

required of him, her or them, for the support of the government of this state for the

political year eighteen hundred and fifteen, which shall be collected on or before the first How collect-

. . . ed.

day of December, eighteen hundred and sixteen, under the same rules, regulations and

restrictions as are pointed out by the tax laws of this state above recited ; and it shall be Duty of cel-

the duty of the tax collectors of this state to collect the tax herein levied and assessed,

agreeably to the requisitions of the before recited act ; for which services they shall be Their com-

entitled to receive two and a half per centum : Provided, said collectors shall first give r

... o, . . Proviso,

bond and security, agreeably to the requisitions of the above recited acts, for the faith-
ful performance of the duties herein required of them.

Sect. 3. And be it further enacted, That in case any of the collectors aforesaid shall Justices of the

refuse to collect the tax aforesaid, upon the terms herein before directed, that then and Courts shall

in that case, the justices of the Inferior Courts in the counties where such refusal shall aPPoint somc
> J person to col-

be made, shall proceed to appoint one fit and proper person in each countv to receive icct said 5Q
r « rr ... Per cent- in

and collect said tax, agreeably to the requisitions and laws herein before pointed out; case the col-

and the said collector shall be commissioned by the Governor, and give bond and seen- refuse.

rity, in conformity to the before recited act, for the faithful performance of their duty as Person so ap-

r • , i r i r • • i r -. -, pointed to be

collectors aforesaid ; and lor the purpose ol ascertaining the amount or tax required by commissioned

this act, it shall be the duty of the clerks of the Inferior Courts to deliver to collectors, Vernor and to

appointed in conformity to this section, the digest deposited in their offices. 8ye ^onc* ancl

Sect. ,4. And be it further enacted, That where any person has heretofore paid, or in what way
may hereafter pay, his or her general tax for the year eighteen hundred and fifteen, and shaii proceed

where anv

* The 2d, 3d, 4th and 5th sections of this act continued in force for 1817, by act of 1816, No. 561.

5 U 2

884 TAX. 1815.

- - ■ ■ , ; ■ ■

(No. 5,59.) who has not paid the additional sum of fifty per cent, as contemplated by this act, the

Pe.^°" nas collector of the county where such person resides shall, and he is hereby authorized to

tax, but not collect the fifty per cent, as he would have been authorized to do by this act, provided,
the additional ,.,'/, . . ,

tax. the said general tax had not been paid.

Fhe accept- Sect. 5. And be it further enacted. That the collectors aforesaid shall signify their

ance or rem- j 7 o j

sal of the col- acceptance or refusal to do the duties hereby required, to the justices of the Inferior

lector to dis-

charge the Courts aforesaid, on or before the first day of March next, and shall give bond and se-

additional . . c , .

duties requir- cunty ln terms Ot this act.

ed by this act, when to be made known.

Unauthorized Sect. 6. And be it further enacted, That all and every person or persons, or compa-

persons Sec.

issuing change nies, not authorized by this state, who shall, after the passing of this act, issue notes for

dol]Sar°or un- one dollar, or f°r a smaller amount, purporting to be change bills, shall keep a fair and

der, shall keep COrrect account of the amount of notes so issued, and annually make due return thereof

an account ot J

the amount is- upon oath, at the time required by this act for the return of taxable property, to the

sued, and an- .

nual.'y make a receiver ot tax returns ot their respective counties, ot the amount so issued by them, at

to the receiv° t^ie time °f making such return ; and shall pay the sum of twenty per cent, on the said

er- amount to the tax collector of the proper county, for the use of the state ; and on failure
To pay 20 per . .

cent, thereon, to keep such account, or make return as atoresaid, the said person or persons, or corn-
Forfeiture for panies, or the president or cashier thereof, shall forfeit and pay the sum of five hundred
not keeping ,.» .
said account dollars to the tax collector of the proper county, to be recovered (if not paid at the

said return. same time that other taxes are) by execution and sale of the individual property of any

How recover- or all of the parties before mentioned, as prescribed in cases of other executions of tax
ed.

collectors.^

Where such Sect. 7. And be' it further enacted, That where such bills have heretofore issued, it

change bills -

have been shall be the duty of the said person or persons, or companies, or the president or

sued returns cashier thereof, if any, to make due return upon oath of the amount, at the time of said

how made. return, of such notes in circulation, to the best of their knowledge, to the receiver of tax

Eight per returns of the county where they, or a majority of them, may reside ; and shall pay to

amount there- the tax collector of the proper county eight per cent, on the amount as aforesaid ; and

to' the collec- on failure to make such return in the usual time, they shall forfeit and pay the sum of

five hundred dollars, to be paid to the tax collector of the proper county, for the use of
Forfeiture for . >.,:•".. r ,

not making a this state ; and on lailure, to be recovered as is prescribed in cases oi executions issued

by tax collectors of this state, which may be issued against and levied on the individual

How recover- *

ed. property of any or all the parties aforesaid.

See title " Banks, Unchartered, &,c." act of 1818, No. 59, amendatory of this act.
* *

•— - • »■*-

. JL

TAX. 1815.

885

Sect. 8. And be it further enacted, That in all cases where there may be a county or
poor tax levied by any law, or the^justices of the Inferior Court of any county, and coir
lected by the tax collector of any county, and not paid over to the proper authority in
each county, that 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 the county and poor tax.

Sect. 9. And be it further enacted, That in all cases where free persons of colour
shall fail or refuse to pay the taxes charged against them, or shall have no property on
which to levy, the collector may levy on and hire out said free person of colour, for
such period as will produce the amount due the state.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

(No, 559.)

Collectors,
how proceed-
ed against for
not paying-
over any coun-
ty or poor tax
coiltcted by
them.

Assented to, 16th December, 1815.

Free negroes,
how proceed-
ed against
when thev fail,
&c. to pay
their taxes.

D. B. MITCHELL, Governor.

AN ACT

(No. 560.)

For relieving the citizens of this state from paying Taxes for Property plundered
. and taken away by the British, since the first day of January last.

WHEREAS, many good citizens of this state owned and possessed certain taxable Preamble,
property on the first day of January last, which property, agreeable to the tax laws of
this state, was obliged to be returned, and the regular tax assessed thereon by the
receivers of tax returns ; and the tax collectors are bound to demand and collect the
same : For remedy whereof ;

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Persons, who

That wMere any person or persons in this state have been plundered or deprived of his, p]UIUiered

her or their taxable property, or any part thereof, by the British, in the last war, since &f* ° taxable

the first day of January last, it shall be lawful for him, her or them, so losing his, her the British,

sinct- the 1st

or their taxable property, to go before some justice of the peace, or other proper person, of January

886 TAX. 1815.

in ■ . i ., .-..„■..,,..„ ,„ . , ... ,,,.,.-- ^ _____

(No. 560.) and make oath or affirmation in writing; which oath or affirmation shall contain a state-
last^ may make ment 0f tne true quantity of taxable property so taken away as aforesaid. '"
amount there- « •**«& ^

The amount Sect. 2. And be it further enacted, That the tax collectors of the several counties

oftax due on are kereDy authorized to deduct from the amount of taxes, due by any person or per-

said propei'ty J j j r

to be deduct- sons, such portion or portions of taxes, which shall appear to be due for property plun-
ed. . . .

Proviso dered and taken away since the first day of January lasA,: Provided, the person or per-

sons so applying to be relieved, shall first furnish the tax collector with a statement, in
writing, of the quantity of taxable property so lost by him, her or them ; which statement
must be sworn or affirmed to as above prescribed.

Collector to , Sect. 3. And be it further enacted, That the amount of taxes, so appearing to be cle-
bvthe amount ducted, shall be allowed and deducted from the whole amount of taxes which, by the
so deducted, digest of taxes may appear to be due from any county, and be allowed or credited by
Proviso. the treasurer of this state : Provided nevertheless, that no defaulter shall receive any be-

nefit contained in this act, until he shall have made out a return of his then taxable
property on oath, and return the same to the tax collector of the county in which he,
she or they shall reside.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate,
Assented to, 12th December, 1815.

P. B. MITCHELL, Governor.

TAX. 1816. 887

_ , . .

AN ACT* (No. 561.)

To levy a Tax for the support of Government, for the political year 1817.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia* in General Assembly met. and it is hereby enacted by the authority of the same, The tax act

, , n \ . r i v • i wo.o for 1813, pass-

That the act passed the 10th December, 1812, to raise a tax lor the political year 1813, ed in 1812j

together with the acts which it revives, be, and they are hereby continued in force for ^{^ £™f
and during the political year 1817. SfeffiSK

< 1817.

Sect. 2. And be it further enacted by the authority aforesaid, That the 2d, 3d, 4th and The 2d, 3d,

T ' 4t^ ail<^ ^

5th sections of an act to levy a tax for the support of government for the political year sections of an
1816, be, and the same is hereby revived and continued in force, for and during the J^x for 1816,
P°Mcal year 181 7.' . ' £2S3&.

Sect. 3. And be it further enacted, That it shall be lawful for any agent to return Agents may

. return taxable

any property to the receiver of tax returns, and pay the taxes due thereon to the tax property, and

collector of the county in which such agent resides. thereon, &c,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 19th December, 1816.

D. B. MITCHELL, Governor.

* This act, with those which it revives, (except so much of the act of 1815 as requires an additional tax,
he.) continued for the year 1818, by act of 1817, No. 563.

888

TAX. I8ir.

—

(No. 562.)

AN ACT

To compel the next Tax Collector of Chatham county to collect the fifty per
centum on the State Tax, commonly called the Direct Tax, for the years
1815 and 1816, and to compel the next Tax Collector of Burke county to
collect the Direct Tax due from said county for the year 1816, and to autho-
rize the Governor to appoint some jit and proper person to collect the fifty
per cent. Tax, not heretofore collected, in the county of McIntosh.

The next col-
lector of Chat-
ham county
required to
collect the di-
rect tax which
may be due
from said
county for
1815 and 1816.

Proviso.

Next collector
of Burke
county requir-
ed to collect
the divect tax
due from said
county.
Proviso.

The Governor
authorized to
appoint some
person to col-
lect the 50 per
cent, tax in
Mlntosh
county, &c.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That it shall be the duty of the next tax collector of Chatham county, to collect the
direct tax which may be due from the said county for the years 1815 and 1816 : Pro-
vided, the same is not collected previous to his coming into office ; for which he shall be
entitled to receive two and an half per cent ; and on failure to collect the said taxes, he
shall not be entitled to receive or retain any fees for collecting the state tax:

Sect. 2. And be it further enacted, That it shall be the duty of the next tax collector
of Burke county, to collect the direct tax due from said county, under the regulations
as prescribed in the preceding section of this act : Provided, the same is not collected
previous to his coming into office.

Sect. 3. And be it further enacted, That it shall be the duty of his excellency the
Governor, to appoint some fit and proper person to collect the fifty per cent, tax in
MeIntosh county, for such years as have not been collected ; which person so appointed
shall be commissioned by the Governor, and give bond and security as other tax collec-
tors of said county ; and which person so appointed shall be allowed two and a half
per centum for collecting and paying said tax into the treasury of this state.

Assented to? 18th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

1 s

TAX. 1817. 889

AN ACT (No. 563.)

To raise a Tax for the support of Government for the political year 1818.*

Sect. 1. BE it enacted by the Seyiate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the act passed the tenth day of December, eighteen hundred and sixteen, entitled The tax aci

fp ..*■'.,.' passed in

" An act to raise a tax for the support of government for the political year eighteen 1816, &c. cor

hundred and seventeen," together with all acts and parts of acts which the said act re- for 1818<

vises, except so much of an act passed the 16th of December, eighteen hundred and fifteen,

as requires an additional tax of fifty per centum on the amount of the state tax, be, and

the same is hereby continued in force for and during the political year eighteen hundred

and eighteen : Provided always, that nothing herein contained shall be so construed Proviso

as to prevent the collection of the fifty per cent, on the state tax, commonly called the

direct tax, which may be now due and owing from an)^ county or individual in this state,

but the collectors shall proceed to collect the same in the manner heretofore prescribed.

Sect. 2. And be it further enacted, That there shall be annually paid to the state, a A tax on bank

tax of thirty-one and a quarter cents on every hundred dollars value of bank stock ope- state imposed.

rated upon or employed within this state, which tax shall be assessed and collected in Said tax, how

the manner following, viz : It shall be the duty of the president and directors of every banks incor-

bank incorporated by the legislature of this state, to cause the cashier thereof to trans- Por.atedbythe
r J ° 7 legislature ot

mit to the treasurer of the state annually, a return, sworn to by him before some justice this state,
of the Inferior Court, or of the peace, in which shall be stated the amount of the capi-
tal stock actually paid in on the first day of January preceding the time of making such
return ; and on or before the first day of December in each year, cause to be paid into
the treasury, free of any cost or deduction whatever, the said sum of thirty-cne and a
quarter cents on every hundred dollars of capital stock returned in manner aforesaid ;
and it shall be the duty of the president and directors, managers or proprietors of every How collected
other hank, office of discount and deposit, or office of discount only, now in operation, wa^iuf^ %r*
or which may be established or go into operation, within this state, to cause the cashier state-
thereof to transmit annually to the treasurer of this state, a return sworn to by him in
the manner above pointed out, in which shall be stated the amount of capital stock actu-
ally employed or operated upon by such bank, office of discount and deposit, or office of

* This act (with exceptions) continued for the year 1819, by act of 1818, No. 564; also continued (with th<
same exceptions) for the year 1820, by act of 1819, No. 565.

5 X

890 TAX- 1817-

(No. 563.) discount only, on the first day of January preceding the time of making such return,
and on or beforeygdke first day of December in each year, cause to be paid into the trea-
sury, free of any cost or deduction whatever, the said sum of thirty-one and a quarter

When the ve- cents on every hundred dollars of capital stock returned in manner aforesaid. And on

quisite return

is not made, or neglect or refusal of any bank, office of discount and deposit, or office of discount only,

paid, the trea- except the offices of the Bank of the State of Georgia, a return of the capital stock of
surer sia is- whjc]^ shall be made in manner aforesaid, by the principal cashier of said bank, to make
&c- return, or to pay the tax in the manner herein pointed out, it shall be lawful for the

treasurer of the state, and it is hereby made his duty, immediately after the first day of
December in each year, to issue his execution against the president and directors, mana-
gers or proprietors of any bank, office of discount and deposit, or office of discount only?

To whom di- so neglecting or refusing to make return, or pay the tax aforesaid ; which execution shall
vcctcd.

be directed to the sheriff of the county in which such defaulting bank, office of discount

For what and deposit, or office of discount only, shall be ; and shall be issued for an amount

equal to thirty-one and a quarter cents on every hundred dollars of the capital stock

When proper- actually subscribed for in the Bank of the State of Georgia. And if any sheriff, to

ty of the bank, , . "■% . . .

Stc cannot be whom any execution, issued by virtue of the provisions of this act, may be directed,

riff' shall levy cannot find property whereon to levy, belonging to the bank, office of discount and de-
on the indivi- pGsit, or office of discount only, against the president and directors, managers or pro-
of all or any of prietors of which such execution may have issued, it shall be lawful for such sheriff, and
the directors
&c. it is hereby made his duty, to levy the same on the individual property of all or any of

the directors, managers or proprietors, against whom such execution may be, and to
sell such property, or so much thereof as will satisfy such execution, and pay all cost
that may be incurred in consequence thereof.

Manner of Sect. 3. And be it further enacted, That if any sheriff to whom an execution issued

against a*ny as herein required, may be directed, shall fail to collect the same by the time therein

Uflr specified, and pay the amount thereof into the treasury, or deposit the same in such bank

collect and as the treasurer may direct, subject to the order of said treasurer, it shall be lawful for,

pay over to . .

the treasurer, and it is hereby made the duty of any judge of the Superior Courts of this state, to

whom the treasurer shall make written application for that purpose during the recess of

the courts, to cause such measures to be taken to compel an immediate payment by such

sheriff of the amount of such execution, and such other proceedings to be had thereon

as would be authorized if a rule were obtained against such sheriff in term time.

•"•••■"*'•
So much of Sect. 4. And be it, further enacted, That so much of this act as relates to the levying

lates to the anc* collecting a tax on bank stock, shall continue in force until the same shall be altered

taxation of or repealed by law.

bank stock, L J

»o continue

;n force until altered, or repealed.

the amount of
executions is-
sued as afore-
said.

TAX. 1817. 891

Sect. 5. And be it further enacted, That all and every person or persons, or com- (No. 563.)

panies of individuals, not having a charter for the purpose from this state, who have or rizecj person,

may hereafter issue any engraved due-bill, check, note or bill of exchange, intended to isgU^ °r mat

represent a bank note, shall keep a fair account of the amount issued or put into circu- lssue» any en-
r * L L graved note,

lation by him, her or them, and make due return thereof, on oath, to the receiver of tax &c. intended
r , . ....... . . , , . to represent a

returns ol the respective counties m which such issuer or signer may reside, at such time bank note,

as is required by law for making returns of the taxable property, of the amount in circu- account of the

lation at the time of making such return, and shall pay to the tax collector of the county amount issued*

° , 7 r J J and make a

two and a half per centum on the amount then in circulation.* return on oath

of the amount
in circulation, Sec. Shall pay 2| per cent, on said amount,

t *

Sect. 6. And be it further enacted, That where either or any of the signers shall Where any or

* - either of the

reside in this state, it shall be his, her or their duty to make such return, though the bills signers of said

may purport to be issued, or put into circulation, or dated out of this state, and the fact of m t^{s sta't^

residence in this state of anv of the signers or issuers, shall be conclusive evidence that s?oh S1ff"er or

J ° 7 signers shall

the same were issued or put into circulation in this state ; and if the return should not be make S£ud re-
. r r turn, although

made in manner aforesaid, by some one of the signers or issuers, the return of each, so said notes

far as it relates to such notes, shall be deemed fraudulent, and they shall be liable to all ^sued out°ofC

the penalties prescribed by the law of this state against those who make false returns, and this state-

shall, in case such return is not made, pay the penalty of six thousand dollars, to be col- Penalties.

lected by execution as in other cases : Provided ahvays, that the return of any one of the Proviso.

signers or issuers, and the payment of the tax, shall be deemed sufficient.

Sect. 7. And be it further enacted by the authority aforesaid, That all laws and parts Repealing
of laws militating against this act be, and the same are hereby repealed. clause.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

*• See act of 1818, No. 564; also act of 1819, No. 565. See also title " Banks Unchartered, &c." for further
acts relative to change bills, &c,

5X2

392 TAX. 18 is.

(No. 564.) AN ACT

To raise a Tax for the support of Government for the political year 1819.

The tax act BE it enacted by the Senate and House of Representatives of the state of Georgia, in

passed in 1817

(except so General Assembly met, and it is hereby enacted by the authority aforesaid, That the act

as relates to passed the 19th of December, 1817, entitled An act to raise a tax for the support of

**h t3X h"ll government for the political year 1818, except as relates to the tax on change bills and

and bills of bills issued by unchartered banks, which said change bills and bills issued bv unchartered

unchartered _ *

banks, which banks shall pay thirty-one and a quarter cents for each hundred dollars issued and in
3ji cents on circulation, together with all acts and parts of acts which said act revives or continues,
every §100 ^ ancj ^ same are nereby continued in force, for and during the political year 1819.

tinued in force
for 1819,

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor,

(No. 565.)

AN ACT

To raise a Tax for the support of Government for the political year 1 820,

The tax act

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

passed in 1817 General Assembly met, and it is hereby enacted by the authority of the same ', That the

continued in * ' . . _ *

force for 1820, act passed the 19th day of December, 1817, entitled An act to raise a tax lor the support

much thereof °^ government for the political year 1818, except as relates to the tax on change bills and

as relates to bills issued by unchartered banks, which said change bills and bills issued by unchar-

the tax on J ° J

change bills,

^cwhieUshall be taxed 31£ cents on every $>100 issued.)

TAX. 1819.

893

tered banks shall pay thirty-one and a quarter cents for each hundred dollars issued and (No. 565.)
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,

DAVID ADAMS,

Speaker ojLthe House of Representatives.

MATTHEW TALBOT,

President of the Senate.

Assented to* 21st December, 1819.

JOHN CLARK, Governor.

» %

C 394 ]

TAXES EXTRA.

1811.

(No. 566.) AN ACT*

Authorizing the Inferior Court of Clark county to levy an extra Tax for the pur-
pose of building Bridges in said county.

Preamble. WHEREAS, it is represented that the county funds for the county of Clark are in-

adequate for the purpose of erecting the necessary public bridges in said county : For
remedy whereof,

BE it enacted by the Senate and House of Representatives of the state of Georgia,
Clark county in General Assembly met, That the Inferior Court of the said county of Clark be, and
extra tax. they are hereby authorized to levy an extra tax, not exceeding one-fourth of the state

tax of said county, for the purpose of building such public bridge or bridges in said

county, as to them may appear of public utility.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 4th December, 1811.

D. B. MITCHELL, Governor.

See act of 1812, No. 571, amendatory of this act. See also act of 1817, No. 588.

k m

TAXES EXTRA. 1811. 895

AN ACT* (No. 567.)

To authorize the Inferior Court of Baldwin county to levy an extra Tax. -

Sect. 1. BE it enacted by the Senate and House of Representatives, in General As-
sembly met, and by the authority of the same, That the justices of the Inferior Court of ^J1 ex*|J
the county of Baldwin are hereby authorized and required to levy an extra tax on the Baldwin coun
inhabitants of Baldwin county, which shall not exceed one-fourth part of the general
tax, for the purpose of building a court-house in said county.

Sect. 2. And be it further enacted, That the tax collector for the county of Bald- How collect-
t , . . • *■ ed.

win is hereby required to collect the said extra tax at the same time, and upon the same

terms that he collects the general tax, and to pay over the same into the hands of the

clerk of the Inferior Court of said county.

Sect. 3. And be it further enacted, That the justices of the Inferior Court of Bald- How appro-
ill- • ii • priated.

win county are hereby authorized and required to apply the money to build a court-
house in the town of Milledgeville, at the site established by law.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

See act of 1812, No. 572 ; also act of 1814, No. 576; also act of 1815, No. 582; also act of 1817, No, 588,

896

TAXES EXTRA. 1811.

(No. 568.)

AN ACT*

Randolph
county allow-
ed an extra
tax.

How collect-
ed.

To authorize the justices of the Inferior Court of the county of Randolph to
levy an extra Tax for the year one thousand eight hundred and twelve, to enable
them to complete the Court-House of the above named county.

» . * • •

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, and by the authority of the same, That the justices of the Infe-
rior Court of the county of Randolph be authorized to levy an extra tax, not to exceed
one-third of the state tax, on the inhabitants of the above named county, liable to pay
a tax, for the purpose of completing the court-house of said county ; and said tax to
be collected in the same manner, and under the same restrictions as other tax collected
for the year one thousand eight hundred and twelve.

Assented to, 13th December, 1811.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

D, B. MITCHELL, Governor.

* See act of 1815, No. 579 ; also act of 1818, No. 594 ; also act of 1819. No. 609.

TAXES EXTRA. 1811. 897

AN ACT (No. 569/}

To authorize the justices of the Inferior Court of the county of Camden to levy

an extra Tax. •

Sect. 1. BE it enacted by the. Senate and JJmv of Representatives of the state of
Georgia, in General Assembly met, and by the authority, of the same, That the justices Camden coun«
of the Inferior Court of the county of Camden, are hereby authorized and required to extra tax to
levy an extra tax on the inhabitants of Camden county, which shall not exceed one sixth Ul a J{n '
part of the general tax, for the purpose of building a jail in said county of Camden.

Sect. 2. And be it further enacted, That the tax collector for the county of Cam- Duty of the
den is hereby required to collect the said tax, at the same time, and upon the same terms
that he collects the general tax, and to pay over the same into the hands of the clerk of
the Inferior Court of said county.

Sect. 3. And be it further enacted, That the said justices of the Inferior Court of Money raised,
Camden county, are hereby authorized and required to apply the money so collected to plied.
the building of a jail, in the town of Jefferson, in Camden county.

ROBERT IVERSON,
Speaker of the House of Representatives,

MATTHEW TALBOT,
.<•$ "■ President of the Senate.

December, 1811.

D. B. MITCHELL, Governor-.

5 Y

898

TAXES EXTRA. 1811,

(No. 570.)

AN ACT*

An extra tax
allowed to
Hancock
county, for
county pur-
poses.

Proviso.

Duty of the
collector.

To authorize the Inferior Court of Hancock county to levy an extra Tax, to
enable them to build a new Jail, and for other county purposes.

Sect. l.^.BE it enacted by the6' Senate and House of Representatives of the 'state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the softie,
That the justices of the Inferior Court of Hancock county shall be, and they are hereby
authorized to levy an extra tax on all persons and property in said county liable to tax-
ation, in order to enable them to build a new jails, and for other county purposes : Provided'/
the amount so levied shall not exceed one third part of the general tax, nor be continued
for more than two years.

Sect. 2. And be it further enacted, That the collector of tax for said county shall
collect and return the amount so levied, to be by them applied to the purposes aforesaid,
after deducting the lawful per cent, for collecting the same.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 16th December, 1811. gj?

D. B. MITCHELL, Governor.

* See act of 1815, No. 578 ; act of 1817, No. 588 ; and act of 1819, No. 606.

«>

*' *•'

\ »

»--*fc— —^ -*»■-— :

___*. __a

.___

TAXES EXTRA. 1812. 399

AN ACT • (No. 571.)

To amend an act, entitled An act authorizing the Inferior Court of Clark county to
levy an extra Tax, for the purpose of building Bridges in said county, passed the
4th day of December, 181 1.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That it shall and may be lawful for the Inferior Court The tax au-
of the said county of Clark, to apply the money which has been collected, or may here- the recited act
after be collected, by virtue of the above recited act, to any county purposes which may, t° anV*countv
in their opinion, be most conducive to the interest and welfare of said county, any thing purposes,
in the above recited act to the contrary notwithstanding.

Sect. 2. And be it further enacted, That the money arising by said extra tax shall be Duty of col*
recovered and accounted for by the tax collector, in like manner and conditions as other
county taxes.

* ■'"■ ^ * •

Sect. 3. And be it further enacted, That the above recited act, so far as it militates Repealing
against this act, be, and the same is hereby repealed. c ause'

BENJAMIN WHITAKER,

r Speaker of the House of Representatives.

WILLIAM RABUN,

t President of the Senate.

Assented to, 27th November, 1812.

D. B. MITCHELL, Governor.

5 Y2

,..:, .&:•>&

900

TAXES EXTRA. 1812.

('No.

572.

AN ACT

To authorize the Justices of the Inferior Court of Baldwin county to levy an extra

Tax*

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Baldwin conn- Georgia, in General Assembly met, and by the authority of the same, That the justices

ty allowed anrtr.^r, r

extra tax. of the Inferior Court of the county of Baldwin, are hereby authorized and required to

levy an extra tax on the inhabitants of Baldwin county, which shall not exceed one fourth

part of the general tax, for the purpose of building a court-house in the said county.

Collector^
duty.

Sect. 2. And be it further enacted, That the tax collector for the county of Baldwin is
hereby required to collect the said extra tax, at the same time and upon the same terms
that he collects the general tax, and pay over the same into theThands of the Inferior
Court of the county of Baldwin, which shall be by them immediately applied to the
building of a court-house in the town of Milledgeville, at the site established by law.

Assented to, 9th December, 1812.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

* See act of 1814, No. 576.

TAXES EXTRA. 1812. 901

AN ACT* (No. 573.)

To authorize the Justices of the Inferior Court of the county of Madison to levy an

extra Tax.

BE it enacted by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, and it is enacted by the authority of the same, That the jus- Madison coun>
tices of the Inferior Court of the county of Madison, are hereby authorized to levy a pro- extra°tax for"
portionate extra tax on the inhabitants of said county, for one year, not exceeding one county Pur-
fifth part of the annual general tax ; which said tax shall be collected in the same man-
ner as the general tax, out of which sum the tax collector shall be entitled to receive
two and a half per cent, for his services ; and the money so arising from the extra tax as
aforesaid shall be appropriated as a part of the county funds, for the purpose of defraying
the expense of running the artificial lines, ascertaining the centre of said county, and lay-
ing off the lots at the site for the public buildings, and for other county purposes.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

* See act of 1813, No. 574,
0

902

TAXES EXTRA. 1813.

(No. 574.)

AN ACT

To authorize the Justices of the Inferior Court of the county of Madison to levy an

extra Tax.

BE' it enacted by the Senate and House of Representatives of the state of Georgia, in

Madison coun- General Assembly met. and it is enacted by the authority of the same. That the ius-

ty allowed an .

extra tax for tices of the Inferior Court of the county of Madison, or a majority of them be, and

p»ses. they are hereby authorized to levy an extra tax on the inhabitants and taxable pro-

perty of said county for one year, which shall not exceed one fifth part of the general tax
of said county ; and the collector of said county shall be entitled to receive two and a half
per cent, for collecting and paying over the same, which shall be collected in the same
manner as the general tax of said county, to be applied to county purposes.

Assented to, 20th November, 1813.

BENJAMIN WHITAKER,
Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

PETER EARLY, Governor.

(No. 575.)

AN ACT*

To authorize the Commissioners of the towns of Brunswick and Frederica to
collect a Tax upon the lots of the same, to rebuild a Court-house and Jail in the
county of Glynn.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General As-
A tax on the senibly met, and by authority of the same, That the commissioners of the towns of
towns of Fre- Brunswick and Frederica be, and they are hereby authorized to lay a tax upon the lots

Brunswick °^ sa*^ towns, whether improved or otherwise, and that the monies so collected be paid

authorized. *. *

* See' act of 1818, No. 599, amendatory of this act.

■

Linton ii ,ggmi

TAXES EXTRA. 1814.

903

over to the justices of the Inferior Court of the county of Glynn, to and for the purpose (No. 575.)
of erecting a court-house and jail in the said county.

Sect. 2. And be it further enacted, That the said commissioners, or a majority of How collect-
them, in the event of said tax not being paid, have power to issue execution, which shall
be levied on the aforesaid lots, after the usual advertisement of the same ; unless the
tax is paid, the lots shall be sold to satisfy the tax.

Sect. 3. And be it further enacted, That all acts militating against this act be, and Repealing

clause.
the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

President of the Senate.
Assented to, 18th November, 1814.

► PETER EARLY, Governor.

AN ACT

(No. 576.)

To authorize the justices of the Inferior Court of Baldivin county to levy an extra

Tax.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That the justices of the Inferior Court of the county Baldwin coun-
of Baldwin be, and they are hereby authorized to levy an extra tax on the inhabitants ex^a'taT *"
of said county, which shall not exceed one fourth part of the general tax, for the pur-
pose of defraying the expense of building the court-house in said county.

Sect. 2. And be it further enacted, That the said extra tax shall be collected by the Duty of the
tax collector of said county for the time being, whose duty it shall be to pay over the

904,

TAXES EXTRA. 1814.

(No. 576.) same to the Inferior Court thereof, to be appropriated by them for the purpose afore-
said, after deducting the usual per centum for collection.

Assented to, 23d November, 1814.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern,

PETER EARLY, Governor.

(No. 577.)

AN ACT

To authorize the justices of the Inferior Court of Elbert county to levy an extra
Tax, for the purpose of defraying the expense of building a Court-house in said
county.

An extra tax
allowed to the
county of
Elbert.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the first day of January next, it shall and may be law-
ful for the justices of the Inferior Court of the county of Elbert, or any three or more
of them, to levy an extra tax on the inhabitants of said county, not exceeding one third
part of the state tax, as charged in the receiver's book, and to continue the levy annually
thereafter, under the restrictions above mentioned, until a sufficient sum be raised to ac-
complish the purpose aforesaid.

Duty of the
collector.

Sect. 2. And be it further enacted, That when the tax is assessed as above pointed
out, the tax collector of said county for the time being shall, and he is hereby autho-
rized and empowered to collect the same ; and the said collector shall be bound to the
Inferior Court of said county, in a bond, with ample security, for the collection and pay-
ing over the amount so assessed and collected to the said justices ; for which collection
the said collector shall receive two and a half per cent, out of the monies so collected.

Money raised, Sect. 3. And be it further enacted, That it shall be lawful for the said justices, ot;

nropriated. any three or more of them, and they are hereby authorized and required to lay out the

monies so collected by them, for the purpose above mentioned, as may in their opinion

' 4k ^ll* •

S
TAXES EXTRA. 1815. 905

best secure and promote the completion of said court-house : Provided, neither of the (No, 577.)
justices aforesaid shall become the undertaker of said building.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Assented to, 14th December, 1815.

D. B. MITCHELL, Governor.

AN ACT J ' (No. 578.)

•

To levy a Tax on the citizens of Hancock county, for county purposes,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by ihehauthority of the same,
That from and immediately after the passing of this act, all acts or parts of acts, im- Repealing
posing a tax on the citizens of Hancock for county purposes, be, and the* same are
hereby repealed ; and that the Inferior Court of said county be authorized to levy not Hancock
exceeding one-fourth of the amount of the general tax imposed on said county, for the e(j an extra
purpose of establishing a fund to be appropriated to county purposes, subject to the or- ^^^^ y
ders of said court. ...

Sect. 2. And be it further enacted. That the said tax shall be collected at the same How collect-
• b- ■ ed

time and manner, and by the same person who may collect the general tax, and he shall

be allowed the same per centum for his services.

BENJAMIN WHITAKER,

Speaker of the House of Representatives \

■

iM- ^VILLIAM RABUN,

President of

of the Senate,

% % Assented to, 30th November, 1815,

D. B. MITCHELL, Governor

;•

#*£*#*

906

TAXES EXTRA. 1815.

(No. 579.)

AN ACT

To authorize the Justices of the Inferior Court of Jasper county to levy an extra

Tax, for county purposes.

BE it enacted by the Senate and House of Representatives of the state of Georgia,

Jasper county in General Assembly met, and it is hereby enacted by the authority of the same, That

extra tax for the justices of the Inferior Court of Jasper county, or a majority of them, are hereby

poseV PUr authorized to levy an extra tax on the inhabitants of said county, for one year, which

shall not exceed one-third of the general tax of said county ; and the collector of said

county shall be entitled to two and one half per cent, for collecting and paying over the

same, which shall be collected in the same manner as the general tax of said county, to

be applied to county purposes.

Assented to, 8th December,' 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN,

* President of the Senate,

D. B. MITCHELL, Governor.

(No. 580.)

Lincoln coun-
ty allowed an
extra tax for
county pur-
poses.

^*s. Ut

AN ACT

To authorize the Inferior Courts of Lincoln anct Wilkes counties to levy an extra

*'«4

Tax

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
the justices of the Inferior Court of the county of Lincoln, or a majority of tfyem, be,
and they are hereby authorized, (from and after the first day of January next,) to levy
an extra tax on the inhabitants of said county, for two years, which shall not exceed

See aet of 1817, No. 588 ■, act of 1818, No. 592, and acts of 1819, numbers 605 and 610

• V 9 •

;

TAXES EXTRA. 1815. 907

one fourth part of the general tax assessed for that period, for the purpose of defraying (]\J0# 580.)
the expense of building a common jail in said county.

ft '
Sect. 2. And be it further enacted, That the justices of the Inferior Court for the Wilkes county

county of Wilkes, or a majority of them, be, and they are hereby authorized, from and tra tax.
after the first day of January next, to levy an extra tax on the inhabitants of said county
liable to pay tax, which said extra tax shall not exceed one third part of the general tax
assessed for the year eighteen hundred and sixteen, for the purpose of building a court-
house and jail in the said county.
* ♦
Sect. 3. And be it further enacted, That the said extra tax shall be collected by the Duty of the
tax collectors of said counties fbr the time being, whose duty it shall be to pay over the saij counties
same to the Inferior Courts thereof, to be appropriated by them for the purpose afore-
said, after deducting the usual per centum for collection.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

-, President of the Senate,

Assented to, 12th December, 1815.

D. B. MITCHELL, Governor.

Ian act* (No. 58i.)

To authorize the Justices of the Inferior Court of Pulaski county to levy an extra

Tax.

*BE it ena

£ it enacted by the Senate and House of Representatives of the state of Georgia, in'

General Assembly met, and it is hereby enacted by the authority of the same, That the Pulaski coun-
ty allowed an
justices of the Inferior Court of the county of Pulaski be, and they are hereby autho- extra tax

rized to levy an extra tax, not to exceed one-fifth of the state tax, on the inhabitants of pU1.p0ses

the above named county liable to pay tax, for the purpose of aiding the county funds to

build a jail, and for other purposes ; and said tax to be collected in the same manner

* See act of 1818, No. 600,
5 Z 2

yQ8 TAXES EXTRA. 1815.

No. (581.) and under the same restrictions as other tax collected for the year one thousand eight
hundred and sixteen. •.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

' *¥'* WILLIAM RABUN,

^ * President of the Senate ';

Assented to, 14th Defcemtfer, 1815; » **'

D. B. MITCHELL, Governor.
t

^•^ * ^L->;Wk >»*# ;.-.•'-« -mm

(No: 582.)* AN ACT

To authorize the Justices of the Inferior Court of Baldwin county to levy an
*^P ■» * extra Tax.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Baldwin coun- That the justices of the Inferior Court of Baldwin county be, and they are hereby

ty allowed an V

extra tax. authorized to levy an extra tax on the inhabitants of said county, which shall not exceed

One fourth part of the general tax, for the purpose of defraying the expense of building

the court-house in said county.

How collect- Sect. 2. And be% it further enactedyThat the said extra tax shall be collected by the
t$x collector of said county far the time being, whose duty it shall be to pay over the
same to the Inferior Court thereof, to be appropriated by them for the purpose afore-

■

said, after deducting the usual per centum for collection.

■•

.fftfQKE BENJAMIN WHITAKER,

Speaker of the House of Representatives .

ELLIAM RABUN,

President of the Senate
\ssented to, 30th November, 1815,#

*% D. B< MITCHELL, Governor.

-■ **■

4
TAXES EXTRA. 1816. gQy

...

AN ACT (No. 583/:

To authorize the Justices of the Inferior Court of Effingham county to levy an
extra Tax, for the purpose of defraying the expense of building a Court-house
in said county, and to authorize them to sell and dispose of a decayed brick
Building in the town of Ebenezer, for like purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, %

That from and immediately after the first day of January next, it shall and may be law- Effingham

■ ' county allow

ful for the justices of the Inferior Court of the county" of Effingham, or any three or ed an extra

more of them, to levy an extra tax on the inhabitants of said county, not exceeding

half of the state tax, as to be charged in the receiver's digest for the year 181 T

Sect. 2. And be it further enacted, That when the tax is assessed as above pointed Duty of th

out, the tax collector of said county, for the time being, shall, and he is hereby au1
rized and empowered to collect the same ; and the said collector shall be bound to the
Inferior Court of said county in a bond, with ample security, for the collection and pay-
ing over the amount so assessed and collected to the justices of the Inferior Court, to
be appropriated by them for the purpose of building a court-house in said county ; and
the said collector shall be allowed the usual per centum for collecting and paying over
the same.

Sect. 3. And be it further enacted by the authority aforesaid, That it shall be lawful Money so
tor the said justices of the Inferior Court, or any three or more of them, and they are appropriated,
hereby authorized and required to lay out the monies collected by them, for the purpose
aforementioned, as may, in their opinion, best secure and promote the completion of said
court-house : Provided, neither of the justices aforesaid shall become the undertaker of
said building.

Sect. 4. And be it further enacted, That the justices, of the Inferior Court, or any The Inferior

three of them, be, and they are hereby authorized to sell and dispose of a decayed brick \™l\o sell the

building in the town of Ebenezer, formerly used as a magazine, in such manner as thev old Magazine.

° .... m Ebenezer

may deem most proper; the monies .arising therefrom to be applied by the justices afore-

sai$, for the purpose of aiding and completing the court-house to be built in said countv,

BENJAMIN WHITAKER,
Speaker of the House of Representatives*

WILLIAM RABUN,

f- . President of the Senate

Assented to, 12th December, 1816.

% D, B, MITCHELL, Governor

<+ I

910

TAXES EXTRA. 1816,

(No. 584.)

AN ACT

To authorize the Justices of the Inferior Court of Telfair county to levy an extra

Tax*

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Telfair county That the justices of the Inferior Court for the county of Telfair be, and they are hereby
extra tax. authorized and required to lay an extra tax upon the inhabitants of Telfair county, which

shall not exceed one fourth part of the general tax, for the purposes of building a court-
house and jail in said county, and for other county purposes.

Duty of the
collector.

Sect. 2. And be it further enacted, That the tax collector for the county of Telfair
be, and he is hereby required to collect the said extra tax, at the same time and upon the
same terms that he collects the general tax; and when collected, he shall pay over the
same to the clerk of the Inferior Court, to be applied to the purposes contemplated
by this act. ..£ +

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

if.*?** ^; " H

WILLIAM RABUN,

*^^to« % ^ ^ President of the Senate*

Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

* See act of 1818, No. 596,

* "-■

*t.

TAXES EXTRA. 1817. 9^

AN ACT (No. 585.)

To authorize the Justices of the Inferior Court of Jackson county to levy an extra
Tax,' for the purpose of building a Jail in said county.

0Sect. 1. BE it enqcted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the first day of January next it shall and may be lawful for the Jackson coun-
justices of the Inferior Court of Jackson county, or a majority of them, to levy an extra extra°tax.
tax on the inhabitants of said county, which shall be sufficient to build a good and suffi-
cient jail in said county : Provided nevertheless, that they shall not be authorized to levy Proviso,
more than fifty per centum on the state tax in any one year.

Sect. 2. And be it further enacted by the authority aforesaid, That when such tax How collect
shall by the Inferior Court be assessed, that the tax collectors of said county, for the '
time being, shall, and they are hereby authorized and empowered to collect the same :
and the said tax collectors shall be bound, in bonds and sufficient securities., to the Infe-
rior Court of said county, to collect and pay over to them the amount so assessed and
collected, to be by them appropriated in whatever way they may think best in building
a jail in said county : and the tax collectors shall be entitled to two and a half per centum
on the amount by them collected, for collecting and paying over the same.

Sect. 3. And be it further enacted by the authority aforesaid, That all that part of The tax col-
the tax so collected, which may be collected of the citizens of said county, which may part of said
be joined to or added to any of the counties formed out of the ceded territory lately hereafter b^

acquired from the Cherokee Indians, and which mav be collected before the division of added to any
^ J of the new

said county takes place, shall be by the Inferior Court of said county refunded to the new counties, how
counties, to which the citizens from whom the same was collected shall be added, to be
applied to the benefit of said new counties : Provided, such division takes place in three Proviso,
years from the passage of this act.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

O*? MATTHEW TALBOT,

President of the Senate,
Assented to, 27th November, 1817.

WILLIAM RABUN, Governor.

912

TAXES EXTRA. 18-ir.

(No. 586.)

AN ACT*

Glynn county
allowed an
extra tax.

How collect-
ed.

Collector to 4
give bond and
security.

Court and jail,
where to be
built.

To authorize the Justices of the Inferior Court of Glynn county to levy an extra
Tax, for the purpose of rebuilding a Court-house and Jail in said county, and
for other purposes, and to make permanent the site of the same.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state oj
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same?
That from and immediately after the passing of this act, that the justices of the Inferior
Court of said county shall be fully authorized and required to levy a tax 6n the citizens
of Glynn county, not exceeding one-fourth of their general tax.

Sect. 2. And be it further enacted, That the said justices shall appoint a fit and proper
person to collect said tax, who shall receive two and a half per cent, for collecting the

same. ,^ ^pt *£* >V

Sect. 3. And be it further enacted, That the said justices shall take a bond and suf-
ficient security from him the said collector, for the faithful performance of his duty as
such ; and that the said justices shall have full power to contract for the building of the
said court-house and jail in said county, which shall be built on the same ground, in the
town of Brunswick, that the former one originally stood on.

An annual ex-
tra tax autho-
rized until
sml buildings
are complet-
ed. * ■-

Powers of the
Inferior Court
with regard
to said build-
ings.

Sect. 4. And be it further enacted, That the justices of the Inferior Court of said
county shall have full power, from year to year, to levy and continue the same propor-
tion on the general tax, until the building shall be complete.

it**"

Sect. 5. And be it further enacted, That the said justices shall have full power to
sue and be sued, and do all things necessary ; to approve or disapprove, and to forward
the buildings of the said court-house and jail in said county ; and they are fully autho-
rized to collect any monies that may be due in said county, that have been levied in
said county, for the purpose of building the said court-house and jail, and appropriate
the same. m . .J/ < •*.

TAXES EXTRA. 1817. 913

Sect. 6. And be it further enacted, That all laws and parts of laws militating (No. 586.)
against the provisions of this act be, and the same are hereby repealed. Repealing

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 27th November, 1817.

WILLIAM RABUN, Governor.

AN ACT (No. 587.)

To authorize the Justices of the Inferior Court of Greene county to levy an extra
Tax, for the purpose of building a Jail in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passage of this act, the justices of the Inferior Greene coma-
Court of the county of Greene, or any three or more of them, are hereby authorized, and e"^tra°t^| an
the same shall be lawful to levy an extra tax on the inhabitants of said county, which in
their opinion may be necessary for the building a jail in said county, not exceeding the
one-half of the state tax now imposed.

Sect. 2. And be it further enacted, That when said tax is imposed as above pointed How collect
out, the tax collector of said county for the time being shall, and he is hereby autho-
rized and empowered to collect the same ; and the said collector shall be bound to the
Inferior Court of said county, in a bond with ample security, for the collection and pay-
ing over the amount so collected to the justices of the Inferior Court of said county, to
be appropriated by them for the purpose of building a jail in said county ; and the said
collector shall be allowed the usual per centum for collecting and paying over the same :
Provided, neither of the justices of said Inferior Court shall contract for themselves to Proviso.
build said jail.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate, ,

Assented to, 27th November, 1817.

WILLIAM RABUN> Governor,
6 A

914 TAXES EXTRA, 1817.

(No. 588.) AN ACT

To authorize the Inferior Courts of Baldwin, Hancock, Wilkes, Clark and Put-
nam counties to levy an extra Tax, for the purpose of building Bridges, and
other county purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Baldwin, Han- That from and immediately after the passage of this act, the justices of the Inferior

cock, Wilkes, . .

Clark and Courts of Baldwin, Hancock, Wilkes, Clark and Putnam counties, or any three or more

ties allowed of them respectively, are hereby authorized to levy an extra tax on the inhabitants of

foVcounty* sa^ counties, not exceeding one-half of the state tax, as charged in the receiver's books:

purposes. an(j j-fog sa^ justices of said Inferior Courts respectively shall be authorized to collect

the same ; and the same, when collected, they shall apply to the building of bridges in

said counties respectively, and for other county purposes.

Duty of the Sect. 2. And be it further enacted, That the tax collectors of said counties of Bald-

collectors of . . .

said counties, win, Hancock, Wilkes, Clark and Putnam respectively, shall, so soon as the justices of

the Inferior Courts of said counties shall so direct them, give bond and security re-
spectively to said justices for collecting the same, and shall immediately proceed
thereto, and the same, when collected, shall pay over to the said justices of the Inferior
Courts of said counties respectively; and the said tax collectors shall be allowed the
usual commissions and fees for collecting said tax.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate
Assented to, 18th December, 1817.

WILLIAM RABUN, Governor.

TAXES EXTRA. 1818. 915

AN ACT (No. 589.)

To authorize the Justices of the Inferior Court of Columbia county to levy an
extra Tax, for the purpose of building or repairing a Jail in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That from and Columbia
immediately after the passing of this act, the justices of the Inferior Court of Columbia e(j an extra
county, or any three or more of them, are hereby authorized to levy an extra tax on the tax"
inhabitants of said county annually, not exceeding one half the state tax, as charged in
the receiver's books, which said extra tax shall be collected in the same manner as the
general tax, and by the same collector ; out of which sum the tax collector shall be entitled
to receive the same commissions as for collecting the general tax ; and the monies so Appropriation
arising from the extra tax as aforesaid shall be appropriated in aid to the county funds,
for the special purpose of building or repairing the jail in said county.

Sect. 2. And be it further enacted, That the tax collector of Columbia county, pre- Collector shall
. . ... . . - . .", - . , , , ■'■■-. r . , give bond and

vious to his collecting the said extra tax, shall give bond and satisfactory security to the security.

justices of the Inferior Court of said county, in the sum of three thousand dollars, con-
ditioned for the faithful collection and paying over the amount of the said extra tax to
the clerk of the Inferior Court of said county.

Sect. 3. And be it further enacted, That it shall be the duty of the justices of the Power of the
Inferior Court for the county of Columbia, or a majority of them, so soon as they, or a 0f said county,
majority of them, may deem it expedient so to do, to proceed to the letting of the building Tf1* .^js ardte
of a new, or repairing of the old jail in the said county, to the lowest bidder, by public
outcry, at the court-house, after giving twenty days public notice at three or more
places in the county.

Sect. 4. And be it further enacted, That this act shall be and continue in force, until Duration of
there shall be a sufficient quantum of monies raised in aid of the county funds, to com-
plete a good and sufficient jail in said county, and no longer.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 8th December, 1818.

WILLIAM RABUN, Governor.
6 A 2

916

TAXES EXTRA. 1818.

(No. 590.)

AN ACT

To authorize the Justices of the Inferior Court of Burke county to levy an extra
Tax, for the purpose of building a Court-house in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Burke county That from and immediately after the passing of this act the justices of the Inferior Court
of Burke county, or any three or more of them, are hereby authorized, and the same shall
be lawful, to levy an extra tax on the inhabitants of said county, which, in their opinion,
may be necessary for the building of a court-house in said county, not exceeding seventy-
five per cent, on the amount of the state tax, in addition to that already authorized to be
levied for county purposes.

allowed an ex
tra tax to
build a jail

Duty of the
collector.

Sect. 2. And be it further enacted, That when said tax is imposed as above pointed
out, the tax collector of said county, for the time being, shall, and he is hereby authorized
and required to collect the same ; and the said collector shall be bound to the Inferior
Court of said county, with a bond with ample security, for the collection and paying over
the amount so collected to the justices of the Inferior Court of said county, to be appro-
priated by them for the purpose of building a court-house in said county ; and the said
collector shall be allowed the usual per centum for collecting and paying over the same.

Continuation
of said tax.

Sect. 3. And be it further enacted, That the said justices be, and they are hereby
authorized and empowered to continue the said extra tax, until a sufficient sum be raised
to defray all the expenses which may be incurred by building the court-house in said
county, any law to the contrary notwithstanding.

Assented to, 8th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor.

TAXES EXTRA. 1818. 917

AN ACT* (No. 591.)

To authorize the Justices of the Inferior Court of Oglethorpe county to levy an
extra Tax, for the purpose of building a Court-house in said county.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in

General Assembly met, and it is enacted by the authority of the same,- That the justices An extra tax

' ' . _. r r^ii i'ii allowed to the

of the Inferior Court 01 the county or Oglethorpe are hereby authorized to levy an extra C0Unty of

tax on the inhabitants of said county, in the year eighteen hundred and nineteen, not & et lorPe-

exceeding seventy-five per cent, on the general tax of the preceding year.

That when said tax is imposed, as above pointed out, the tax collector of said county Duty of the

col l^otni*

for the time being, shall, and he is hereby authorized and empowered to collect the
same ; and the said collector shall be bound to the Inferior Court of said county, for
the collection and paying over the amount so collected to the justices of the Inferior
Court of said county, to be appropriated by them for the purpose of building a court-
house in said county ; and the tax collector shall be allowed two and a half per cent,
for collecting and paying over the same : Provided, the said tax so collected be paid Proviso,
over on or before the third Monday in June next.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate*
Assented to, 20th November, 1818.

WILLIAM RABUN, Governor.

See act of 1819, No, 602,

TAXES EXTRA. 1818.

(No. 592.)

AN ACT

To authorize the Justices of the Inferior Courts of Wilkinson and Wilkes coun-
ties respectively to levy extra Taxes, for the purpose of defraying the expenses
of building Court-houses in said counties.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Wilkinson and That from and immediately after the passage of this act, the justices of the Inferior
Wilkes coun-
ties allowed Courts of the counties of Wilkinson and Wilkes respectively, or a majority of them,

for building are hereby authorized, and the same shall be lawful for them, to levy extra taxes on the
court-houses, inhabitants of said counties, which shall be sufficient to defray the expenses of building

court-houses in said counties, not exceeding one half of the state tax now imposed in

said counties respectively.

Duties of the
collectors of
said counties.

Their com-
pensation.

Sect. 2. And be it further enacted, That when said taxes are imposed as above point-
ed out, the tax collectors of said counties for the time being shall, and they are hereby
authorized and empowered to collect the same ; and the said collectors shall be bound
to the Inferior Courts of said counties, in bonds respectively, with ample securities, for
the collection and immediate paying over the amounts so collected to the clerks of the
Inferior Courts of said counties respectively, to be paid by said courts to the under-
takers of the court-houses in said counties, or so much thereof as shall be sufficient to
discharge their just demands against said counties ; and the balance, if any, shall be
appropriated to county purposes.

Sect. 3. And be it further enacted, That the tax collectors shall receive for their ser-
vices two and one half per centum, on the sums by them so collected and paid over.

Assented tp, 24th November, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

TAXES EXTRA. 1818.

919

AN ACT (No. 593.)

To alter and amend the fourteenth section of an act, entitled " An act to protect
the estate of Orphans, and to make permanent provision for the Poor."

WHEREAS, it is found by experience that the provision made for the poor, in the Preamble,
above recited act, is insufficient for their support :

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assem-
bly met, and it is hereby enacted by the authority of the same, That the justices of the a tax for the
Inferior Courts of the different counties in this state, be hereby authorized and empow- poorTuthoriz6
ered to levy a tax, and assess all taxable property returned in their respective counties, ■}? be lev*e£*

not to exceed one eighth part of the general tax of such county, annually, and that it counties of

• iii • • • i ^s state'

be collected in the same manner, and under the same restrictions as prescribed in the

above recited act.

Sect. 2. And be it further enacted, That so much of the before recited act as mili- Repealing
tates against this act be, and the same is hereby repealed.

clause.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 24th November, 1818.

WILLIAM RABUN, Governor.

AN ACT (No, 594#)

To authorize the Justices of the Inferior Court of Jasper county to levy an extra

Tax.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the justices of the Inferior Court of Jasper county be, and they are hereby autho- jaSper county
rized to levy an extra tax on the inhabitants of said county, which shall not exceed fifty ^tax. aneX"

920 TAXES EXTRA. 1818.

(No. 594.) per centum on the general tax, for the purpose of defraying the expenses of repairing
the court-house and jail in said county.

How collect- Sect. 2. And be it further enacted, That the said extra tax shall be collected by the
tax collector of said county, for the time being, whose duty it shall be to pay over the
same to the Inferior Court of said county, to be appropriated by them for the purpose
aforesaid, after deducting two and a half per centum for collection.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 26th November, 1818.

WILLIAM RABUN, Governor.

(No. 595.) AN ACT

To authorize the Justices of the Inferior Court of Washington county to levy and
collect an extra Tax on said county, for county purposes.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
Washington General Assembly met, and it is enacted by the authority of the same, That it shall and
ed an extra may be lawful for the Inferior Court of said county to levy an extra tax on the citizens,
purpose's01"1 y not exceeding twenty-five per cent, on the general tax, in addition to the* tax already
laid for county purposes ; and that the collector of the general tax be required to col-
lect the same at the time of collecting the tax of 1818, for which he shall be allowed
two and a half per cent. ; and that the said court take bond and security from the said
collector, for the faithful performance of his duty.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 8th December, 1818.

WILLIAM RABUN, Governor.

TAXES EXTRA. 1818. g21

_. \ ;

AN ACT (No. 596/

To authorize the Justices of the Inferior Court of Telfair county to levy an extra
Tax, for the purpose of building a Court-house and Jail in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and immediately after the passing of this act, the justices of the Inferior Telfair count}
Court of said county, or a majority of them, shall be fully authorized and required to tratax
levy an extra tax on the citizens of Telfair county, not exceeding fifty per cent, on their
general tax.

Sect. 2. And be it further enacted, That the said justices shall appoint a fit and pro- How collect-
per person to collect said tax, who . shall receive two and a half per cent, for collecting '
the same ; and the said justices shall take a bond and sufficient security from him, the
said collector, for the faithful performance of his duty as such.

0
Sect 3. And be it further enacted, That the justices of the Inferior Court of said Continuation

county shall have full power, from year to year, to levy and continue the same propor- l '

tion on the general tax, until the buildings shall be complete.

Sect. 4. And be it further enacted, That all laws and parts of laws militating against Repealing
the provisions of this act be, and the same are hereby repealed. clause.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 15th December, 1818.

WILLIAM RABUN, Governor*

922

TAXES EXTRA. 1818.

(No. 597.)

AN ACT

To authorize the Justices of the Inferior Court of McIntosh county to levy an extra

Tax, for the support of the poor.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

McIntosli That the justices of the Inferior Court of McIntosh county, or a majority of them, be,

edTiAxtra ano< tney are hereby authorized to levy an extra tax on the inhabitants of said county,

for the year eighteen hundred and nineteen, not exceeding one-

of said county, and to apply the same to the support of the poor.

tax for the £or tke year eighteen hundred and nineteen, not exceeding one-third of the general tax
poor.

How collect-
ed, &c.

Sect. 2. And be it further enacted, That it shall be the duty of the tax collector of
McIntosh county, for the year eighteen hundred and nineteen, to collect the said extra
tax, and he shall be allowed two and a half per centum for collecting and paying over the
same ; and if the said tax collector shall fail to pay over the said tax, when collected, it
shall be lawful for said justices to proceed against said tax collector as they are author-
ized on failure to account for other county taxes.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Assented to, 17th December, 1818.

WILLIAM RABUN, Governor.

TAXES EXTRA. 1818. 923

AN ACT* (No. 598.)

To authorize the Justices of the Inferior Court of Jones county to levy an extra
Tax, for the purpose of building a Court-house and Jail in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and immediately after the passage of this act, it shall and may be lawful for Jones county

r , T r • ^ pT • • r 1 1 allowed an ex-

the justices of the Inferior Court 01 Jones county, or a majority of them, to levy an tra tax.

extra tax on the inhabitants of said county, which, in their opinion, may be necessary to

defray the expense of building a court-house and jail in said county : Provided neverthe- Proviso.

less, that they shall not be authorized to levy more than seventy-five per centum on the

state tax now imposed.

Sect. 2. And be it further enacted, That when said tax may be imposed as above How collect-
authorized, the tax collector of said county for the time being shall, and he is hereby

■

authorized and empowered to collect the same ; and the said collector shall be bound to
the Inferior Court of said county in a bond, with good and sufficient security, for the col-
lection and paying over the amount so collected, to the j'ustices of the Inferior Court of
said county, to be appropriated by them to the purposes herein above mentioned ; and the
said collector shall be allowed two and a half per centum for collecting and paying over
the same.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 17th December, 1818.

WILLIAM RABUN, Governor.

See act of 1819, No. 608,

6 B 2

924

TAXES EXTRA. 1818.

(No. 599.) AN ACT

To amend An act to authorize the Commissioners of the town of Brunswick and
Frederica to collect a Tax upon the lots of the same, to rebuild a Court-house
and Jail in the county of Glynn, passed the 18th November, 1814.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Limitation of Georgia, in General Assembly met, That the tax authorized by the aforesaid act to be

rizedby the " levied on the lots of said towns of Brunswick and Frederica, shall not exceed one dollar

recited act. Qn eacj1 unimproVed lot, nor shall exceed three dollars on any one improved lot, and that

the tax so directed to be levied shall be collected in the ordinary way of collecting taxes,

by execution and sale of said lots, or any other property owned by the persons owning

said lots, giving sixty days notice in some public gazette of the time of the sale of such

property.

Repealing Sect. 2. And be it further enacted, That all laws or parts of laws militating against

this act be, and the same are hereby repealed,

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate o
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor,

jm— ■ — — «.

TAXES EXTRA. 1818.

925

AN ACT (No. 6oo.)

To authorize the Inferior Court of Pulaski county to levy an extra Tax, for

county purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and immediately' after the passing of this Pulaski coun-
act the Inferior Court of the county of Pulaski shall be, and they are hereby authorized extra°tax
to levy a tax on said county, at their discretion, not exceeding twenty-five per cent, on the
amount of the general tax, in addition to any tax that they are now authorized to levy for
county purposes.

Sect. 2. And be it further enacted^ That the said court shall be, and they are hereby May be levied
authorized, in each and every year, to levy the aforesaid tax, if, in their judgment, it
should be necessary.

Sect. 3. And be it further enacted, That the said tax shall be collected by the tax How collect-
collector of said county for the time being, who shall receive two and a half per centum
on the amount for so collecting.

Sect. 4. And be it further enacted, That the said Inferior Court shall be, and they are Collector to
hereby authorized, to take of the said tax collector the necessary bond, requiring him to fecurity.
collect and pay over to the clerk of the Inferior Court the amount of taxes so levied, and
to be collected.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1818.

WILLIAM RABUN, Governor

926

TAXES EXTRA. 1819.

(No. 601.)

AN ACT

Montgomeiy
county allow-
ed an extra
tax.

How collect-
ed.

To authorize the Justices of the Inferior Court of Montgomery county to levy and
collect an extra county Tax, for the purpose of building a Jail in said county.

Sect. 1. BE it enacted by, the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted, by the authority of the same,
That from and immediately after the passing of this act, the justices of the Inferior Court
of said county, or a majority of them, shall be fully authorized annually to levy and cause
to be collected an extra county tax on the citizens of said county of Montgomery, which
shall not exceed one third part of their general tax.

Sect. 2. And be it further enacted by the authority aforesaid, That the said justices
shall appoint a fit and proper person to collect said tax, who shall receive two and a half
per cent, for collecting the same; and the said justices shall take a bond and sufficient
security from him, the said collector, for the faithful performance of his duty as such.

Duty of the
collector.

Sect. 3. And be it further enacted by the authority aforesaid, That it shall be the
duty of the collector of said extra tax, so soon as he has collected the same, to pay the
same into the hands of the clerk of the Inferior Court of said county ; and the justices
of said court shall deliver the said extra tax, when so collected, into the hands of the
commissioners of the public buildings of said county, by them to be applied to the spe-
cial purpose of building a jail in said county of Montgomery.

Duration of
this act.

Sect. 4. And be it further enacted by the authority aforesaid, That this act shall
continue in force until there shall be a sufficient sum of money raised, in aid of the
county funds, to complete a good and sufficient jail in said county, and no longer.

Assented to, 23d November, 1819.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor.

TAXES EXTRA. 1819.

007

AN ACT (No. 602.)

To authorize the Justices of the Inferior Court of Oglethorpe county to levy an
extra Tax, for the purpose of building a Court-house in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is enacted by the authority of the same, That
the justices of the Inferior Court of the county of Oglethorpe are hereby authorized Oglethorpe
to levy an extra tax on the inhabitants of said county, in the year one thousand eight ed an extra
hundred and twenty, not exceeding seventy-five per cent, on the general tax of the ax"
preceding year.

Sect. 2. And be it further enacted by the authority aforesaid, That when said tax How collect-
ed, &c.
is imposed as above pointed out, the tax collector of said county, for the time being,

shall, and he is hereby authorized and empowered to collect the same ; and the said col-
lector shall be bound to the Inferior Court of said county, for the collection and paying-
over the amount so collected to the justices of the Inferior Court of said county, to be
appropriated by them for the purpose of building a court-house in said county ; and the
tax collector shall be allowed two and a half per cent, for collecting and paying over the
same-: Provided, the said tax so collected be paid over on or before the third Monday Proviso,
in June next.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate*.
Assented to, 30th November, 1819.

JOHN CLARK, Governor,

928

TAXES EXTRA.

1 8 1 9 .

(No. 603.)

AN ACT

To authorize the Justices of the Inferior Court of Morgan county to levy and col
lect an extra Tax on said county, for the purpose of building a Jail.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Morgan coun- That from and immediately after the passing of this act, the Inferior Court of Morgan

ty allowed an , r , ■ «--i t i i i i - -, ■

extra tax. county, or a majority ot them, shall be, and they are hereby autnonzed to levy a tax on

said county, not exceeding twenty-five per cent, on the amount of the general tax, in ad-
dition to any tax that they are now authorized to levy for county purposes.

May be levied Sect. 2. And be it further enacted, That the said court shall be, and they are hereby
ifne^cesiLry?5' authorized to levy the aforesaid tax for the space of two years, if in their judgment it
should be necessary.

How collect-
ed.

Sect. 3. And be it further enacted, That the said tax shall be collected by the tax col-
lector of said county, for the time being, who shall receive two and a half per centum
on the amount for so collecting.

Collector to
give bond.

Sect. 4. And be it further enacted, That the said Inferior Court shall be, arid they
are hereby authorized to take of the said tax collector the necessary bond, requiring
him to collect, and pay over to the clerk of the Inferior Court, the amount of taxes so
levied and to be collected.

Assented to, 23d November, 1819.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, Governor.

TAXES EXTRA. 1819. 939

AN ACT (No. 604.)

To authorise the Justices of the Inferior Courts of the counties of Gwinnett, Hall,
Walton and Habersham to levy an extra Tax.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the justices of the Inferior Courts of the counties of Gwinnett, Hall, Walton and Gwinnett,

Habersham, are hereby authorized to levy an extra tax on the inhabitants of said coun- and Haber-

ties, not exceeding fifty per cent, on the general tax of the preceding year. allowed an S'

- extra tax.

Sect. 2. And be it further enacted by the authority aforesaid, That when said tax Duty of the

collcctot*s &c

is imposed as above pointed out, the tax collectors of said counties, for the time being,
shall, and they are hereby authorized and empowered to collect the same ; and the said
collectors shall be bound to the Inferior Courts of said counties, for collecting and pay-
ing over the amounts so collected to the clerks of the Inferior Courts of said counties,
to be appropriated by the said Inferior Courts for the purposes of defraying, in part,
the expense of building court-houses and jails in said counties j and the tax collectors
of said counties shall be allowed two and a half per cent, for collecting and paying over
the same : Provided, that the said tax so collected be paid over, on or before the first Proviso.
Monday in September annually, during the continuation of this act; which shall continue Continuation
in force until the completion of said several buildings, any law to the contrary notwith- ° 1S ac
standing. ,

*• DAVID ADAMS,

Speaker of the House of Representatives.

# \ MATTHEW TALBOT,

President of the Senate,
Assented to, 30th November, 1819.

JOHN CLARK, Governor.

6 C

"*m

930

TAXES EXTRA. 1819.

(No. 605.1

AN ACT

To authorize the Justices of the Inferior Court of Lincoln county to levy art extra
Tax, (if needed,) for the purpose of assisting the Poor, and defraying the pub-
lic expenses in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Qeor-

Lincq^n coun- g'ta-in General Assembly met, and it is hereby enacted by the authority of the same, That

extra tax for from and immediately after the passage of this act, the justices of the Inferior Court of

noses" P"r* Lincoln county, or a majority of them, are hereby authorized, and the same shall be

lawful, to levy an extra tax which, in their opinion, may be necessary, on the inhabitants

of said county, for the support of the poor, and defraying the public expenses in said

* a

county, not exceeding one fourth part of the state tax now imposed.

How collect-
eel, &c.

Sect. 2. And be it further enacted, That when said tax is imposed as above pointed

til A

out, the tax collector of said county, for the time being, shall, and he is hereby autho-
rized and empowered to collect the same ; and the said tax collector shall be bound to
the Inferior Court of said county, in a bond with ample security, for the collection and
paying over the amount so collected to the justices of the Inferior Court of said county,
to be appropriated by them for the purposes above specified j and the said tax collector
shall be allowed the usual per centum for collecting and paying over the same.

Assented to, 9th December; 1819,

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,-

President of the Senate,
• J

JOHN CLARK, Governor

.-.

mtttk

TAXES E'XTRA/ 1819. . 93 ±

%AN ACT • (No* 606.)

To authorize the Inferior Court of Hancock county to levy an extra Tax, for
building a Jail, and for other cdunty purposes.

Sect. 1. BE it enacted J>y the Senate and House of Representatives &F the&tate of Gegr-
m gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Hancock
frdftn and immediately after the passing«of this act, the justices of the Inferior Court of ed an extra
Hancock county, or any three or more&ofc them, are hereby authorized to levy, from tax count>
year to year, (as they in their judgment may deem needful,) an extra tax on the inhabi- P
tants of* said county, not exceeding in any one year one half of the state tax, as charg-
ed! in the receiver's books. And the saidjusticesshall.be authorized to collect the
said extra tax as levied ; and the same, when collected, they shall apply to the building
a jail, and other county purposes. «

Sect. 2. And be it further enacted, That the tax ^collector of said county of Hancock Duty of the
shall, so soon as the justices of the Inferior Court of said county shall so direct them,
give bond and approved security to said justices and their successors, for the collect-
ing of said extra tax, and shall immediately proceed thereto : and the same, when so
collected, shall pay Over to the justices of the Inferior Court of said county ; and the
said tax collector shall be allowed the usual commissions and fees for collecting the said
fax. * 1 •

DAVID ADAMS,

*• &Peaker of the House of Representatives .

MATTHEW TALBOT,

.^ President of the Senate

Assentfd to, 9th December, 1819.

JOHN tLARK, Governor,

• • .. .
* * *

C 2

932

TAXES EXTRA. 1819.

M ft

■

(No. 007.)

AN ACT

To authorize the Justices of the Inferior Court of Glynn county to levy an extra
Tax, for the purpose of building a Jail in said county.

Glynn county-
allowed an
extra tax for
certain pur-
poses.

BE it enacted by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and it is hereby enacted by the authority of the same, That imme-
diately after the passing of this act, the justices of the Inferior Court of Glynn county, are
hereby authorized to levy an extra tax upon all the taxable property of said county for,
the purpose of building, a jail in said county : the tax so levied shall not exceed one~
fourth of the general tax of said county ; and the tax collector of said county shall be
allowed two and a half per cent, for collecting the said tax, and paying it over to ttfe
justices of the Inferior Court, any law to the contrary notwithstanding.

■

Assented to, 13th December, 1819

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

JOHN CLARK, GovernoI.

(No..j6o£)

AN ACT

To authorize the Justices of the Inferior Court of Jones county to levy an extra
Tax, for the purpose of building a common Jail in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

.lones county gia, in General Assembly met, and it is hereby enacted by the authority of the *ame,<That

allowed an . . ^.

extra tax. the justices of the Inferior Court of the county of Jones are hereby authorized to levy

an extra tax on the inhabitants of said county, in the year eighteen hundred and twenty,

not exceeding fifty per cent, on the general tax of the preceding year.

Duty of the Sect. 2. And be it further ena&ted by the authority aforesaid, That when said tax is

imposed as above pointed out, the tax collector of said county for the time being shall,
and he is hereby authorized and empowered to collect the same j and the said collector

TAXES EXTRA. 1819. 933

shall be bound to the Inferior Court of said county, for the collection and paying over (No. 608.)
the amount so collected to the justices of the Inferior Court of said county, to be ap-
propriated by them for the purpose of building a common jail in said county ; and the
tax collector shall be allowed two and a half per- cent, for collecting and paying over the
same : Provided, the said tax so collected be paid over on or before the first Monday in Proviso,
July next.

DAVID ADAMS,

m * J Speaker of the House of Representatives.

MATTHEW TALBOT, # #v

President of the Senate.
Assented to, 14th December, 1819.

JOHN CLARK, Governor. *.-

&>**** i « ...4"! ,*t*r •*> ■ ;\ r4fc'-' *-•* ■<*• - - ' * \ 1 3 .- . • •»

AN ACT (No. 609.)

To authorize the Justices of the Inferior Court of the county of Jasper to levy an
extra Tax, for the purpose of building a Bridge across Murder Creek, at a place
called Gammage's Ford, on said creek ; and to authorize the Inferior Court

of Greene county to levy an extra Tax, for county purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Jasper county
the justices of the Inferior Court of the county of Jasper, or any three of t1iem*are extra tax for
hereby authorized to levy an extra tax on the inhabitants of said county, for such sum jlosesf PUf"
as ,, they may deem necessary, not exceeding one-third of the general tax, for the pur-
poses above mentioned.

*
Sect. 2. And be it further enacted, That the justices of the Inferior Court of the Greene coun-

county of Greene, shall be authorized to levy an extra tax of twenty-five per centum on extra'tax.

the amount of the state tax, in addition to the amount they are authorized by law to levy

for county purposes. *

Sect. 3. And be it further enacted, That when said tax is imposed, the tax collectors Duty of the
.of the said counties, for the time being, shall collect the same, and shall be bound to the sai/counties.

934 TAXES EXTRA. 1819.

(No. 609.) Inferior Courts of said counties, in a bond with ample security, for the collection and
paying over the amount so collected to the justices of the Inferior Courts of said
Their com- counties, to be applied by them to the purposes above mentioned ; and the collectors
lon' shall be allowed the usual per centum for collecting and paying over the same.

DA^TD ADAMS,

Speaker of the House of Representatives-

MATTHEW TALBOT,

President of the Senate.

Assented to, 21st December, 1819.

JOHN CLARK, Governor

(No. 610.) AN ACT

To authorize the Justices of the Inferior Court of Wilkes county to levy an extra

•v

Tax, for the purpose of completing the Court-house and Jail in said county.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geof-
Wilkes coun- «fi<2, in General Assembly met* and it is hereby enacted by the authority oftfyf same* Thai-
extra tax. from and immediately after the passing of this act, the justices of the Inferior Court of
Wilkes county, or a majority of them, are hereby authorized, and the same shall be
lawful for them, to levy an extra tax on the inhabitants of said county, which shall not
exceed fifty per cent, on the amount of the state tax now imposed; which said extra tax
shall, by said justices, or a majority of them, be imposed yearly, until a sufficient sum
shall be raised to defray She expenses of building tfaid court-house and jail.

iiutyofthe Se£T. 2. And be it further enacted, That when said tax shall be imposed as<jabove

'collector.

pointed out, the tax collector of the county of Wilkes, for the time being, shall, and

they are hereby authorized and empowered to collect the same ; and the said collector?

shall be bound to the Inferior Court of said county, in atbond with ample security, for

the collection and immediately paying over the amount so collected to the clerk of the

Inferior Court of said county, to be paid by said court to the undertakers of the court-

TAXES EXTRA. 1819. . 935

house and jail, or so much thereof as shall be sufficient to discharge their just demands (No. 610.)
against said county ; and the balance, if any, shall be appropriated to county purposes.

Sect. 3. And be it further enacted, That«the tax collector of said county shall re-
ceive, for his services, the usual per centum on the sums by him so collected and paid
over.

PAVID ADAMS,

"Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate,
Assented to, 29th November, 1819.

JOHN CLA&K, Governor,

* '*

[ 936 ]

T OWNS.

1811.

HARTFORD.

(No. 611.)

AN ACT*

To incorporate the town of Hartford, in the county of Pulaski, and to vest certain

powers in the commissioners thereof.

Commission-
ers of the town
of Hartford
appointed.
May pas's bye-
laws.

Proviso.

Sect. 1. BE it enacted by the Senate^ and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That Thomas A. Hill,
Solomon A. Hopkins, Elijah Wallace, William Lyon and Henry Simmons be commis-
sioners of said town ; and they and their successors in office shall have full power and
authority to pass all bye-laws and regulations, which may be necessary for the improve-
ment and repairing of the streets of said town, and the preservation of the public good :
Provided nevertheless, that such frfe-laws and regulations shall not be repugnant to the
constitution and laws of this state, and that no penalty thereby imposed shall extend to
corporal punishment, except to people of colour : And provided also, that the said com-
missioners shall not impose any tax upon the citizens of the said town, which shall exceed
one dollar on each poll within the term of one year.

Their conti-
nuance in
office.

Sect. 2. And be it farther enacted, That the said commissioners shall continue in
office until the first Monday in January, one thousand eight hundred and thirteen, and
on thg first Monday in January in every year thereafter, on wfoich day all the free

This act amended by the two which follow it.

TOWNS. (HARTFORD. 1811,1815.) 937

male citizens of the said town, who have given in their taxable property, and who are (No. 611.)

entitled to vote for members of the General Assembly, shall assemble at the court-house To be elected

J annually, on

in said town, and by ballot elect other commissioners, who shall continue in office for the lstMon-

one year ; at which election two justices of the peace for the said county shall preside : ry.

Provided nevertheless, that said commissioners shall be re-eligible to the said appoint- ^y° t0.Pre"

ment. election.

Sect. 3. And be it further enacted, That the said incorporation shall attend to and Extent of the
take all the town lots that have been originally laid off in said town, and also shall com-
prehend all the land within three hundred yards of the said court-house, it being the
centre of said corporation.

ROBERT IVERSON,
- Speaker of the House of Representatives.

MATTHEW TALBOT,

1 President of the Senate,

Executive Department, Georgia.

Assented to, 10th December, 1811.

D. B. MITCHELL, Governor.

incorporation,

(No. 612.)

AN ACT

To amend an act, entitled An act to incorporate the town of Hartford, in the county
of Pulaski, and to vest certain power s in the Commissioners thereof.

Sect. 1. BE it enacted by the iSenate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the commissioners of the said town of Hartford shall take the following oath before Commission'
a justice of the Inferior Court or justice of the peace : " I, A. B. do solemnly swear, or tovvn of Har(>
affirm, (as the case may be,) that I will, to the utmost of my power, support, advance
and defend the good order, peace and welfare of the town of Hartford, as commissioner
of sarcPtowti ; so h&p me God."

BENJAMIN WHITAKER,
Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Assented to, 14th December, 1815.

D. B. MITCHELL, Governor,
6D

ford to take
an oath.

- M

938

TOWNS. (HARTFORD. 1816.)

(No.

613.)

AN ACT

To amend an act, entitled An act to incorporate the town of Hartford, in the

county of Pulaski.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Five commis- That there shall be five commissioners elected or re-elected, on the first Saturday in
town of Hart- January in every year, for said town; and they and their successors in office shall have
h^j t T t0 ^u^ Power and authority to pass all bye-laws, and regulations, which may be necessary for
Their powers, the improvement and repairing of the streets of said town, and the preservation of the
Proviso. public good : Provided nevertheless, such bye-laws and regulations shall not be repug-

nant to the constitution and laws of this state, and that no penalty thereby imposed shall
Proviso. extend to corporeal punishment, except to people of colour : And provided also, That the

said commissioners shall not impose any fine upon the citizens of said town, which shall
exceed one dollar for each day's neglect in performing their duty, in working on the
streets and alleys, when called upon so to do by said commissioners.

Continuance
in office of the
present com-
missioners.

An election of
commissioners
to take place
on the 1st Sa-
turday in Ja-
nuary next.

Who to pre-
side thereat.

Limits of the
corporation.

Sect. 2. And be it further enacted, That the commissioners now in office shall be
entitled to hold their appointments until the first Saturday in January next,.on which day
all the free white male persons, being citizens of said town* who are entitled to vote for
members in the state legislature, shall assemble at the court-house in said town, and by-
ballot elect the present or other commissioners, who shall continue in office for one
year ; at which election one justice of the peace or justice of the Inferior Court, and two
freeholders for said county shall preside.

•. -

Sect. 3. And be it further enacted, That the said corporation shall extend to and
take all the town lots originally laid off in said town, and which may hereafter be laid off.

Fines, how
collected.

Sect. 4. And be it further enacted, That all fines imposed by said commissioners shall
be collected in the same manner and form as fines are collected for neglect of performing
labour on roads. * ■ m. '■ <•» 6%

What tax may Sect. 5. And be it further enacted, That said commissioners shall not be at liberty
he imposed. t0 imp0se a higher tax on the inhabitants of said town, for town purposes, than one
dollar on each poll, for one year.

TOWNS. (MARION. 1811.) 939

Sect. 6. And be it further enacted, That no person residing within the limits of said (No. 613.)
corporation, subject to work on the streets of said town, shall be compelled to work on witnin the cor-
any public road further than the extension of the town commons. empt'from*'

road labour beyond the town common.

Sect. 7. And be it further enacted, That all fines collected for neglect of performing Appropriation

... of fines.
labour on the streets and alleys of said town, shall be applied in keeping the streets in

repair, any law to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

MARION.

AN ACT* (No. 614.)

To regulate the town of Marion, in the county of Twiggs.

Sect. 1. BE it enacted by the' Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That Robert Cummings, James Spann, Thomas W. Harris, Martin Kolb and Henry Commission-
Loyless, esquires, be, and^they are hereby appointed commissioners of the said town of town of Mari-
Marion; and they and their successors in office shall have full power and authority to °"s aPPointed»
make and ordain all such bye-laws and regulations, which they may deem necessary and bye-laws, Sec
proper for the government of said town, and keeping in repair the streets, and preserva-
tion of the public springs : Provided, such bye-laws and regulations shall not be repug- Proviso.
nant to the laws and constitution of this state, and that no penalty thereby imposed shall
extend to life or limb, or corporeal punishment of any white person : And provided also, Proviso,

*> See act of 1816, No. 615, incorporating this town,
6 D2

940

TOWNS. (MARION. 1811.)

(No. 614.) that the said commissioners shall not impose any poll tax upon the citizens of said town,
which shall exceed one dollar on each poll, within the term of one year.

Continuance Sect. 2? And be it further enacted, That the said commissioners shall continue in

said commis- °ffice until the first Monday in January, in the year one thousand eight hundred arid
sioners. thirteen, at which time, and on the first Monday in January in every year thereafter, all

tions when "to tne ^ree wnite male citizens of said town, who have given in their taxable, property, and are •
take place. entitled to vote for members of the General Assembly, shaH'convene at the court-house
jin said town, and proceed to elect by ballot five commissioners, who shall continue in

Who shall pre- office for the term of one year ; at which election any two justices of the Inferior Court,

side thei;eat. .. ri r . , , .., ...

or justices ol the peace ol said county, who are not candidates, may preside.

Said commis-
sioners re-
eligible.

Sect. 3. And be it further enacted, That nothing herein contained shall extend, or be
construed to extend, to prevent the re-election of any commissioners herein appointed, or
who may be elected in pursuance of this act.

Executive Department, Georgia.
Assented to, 13th December, 1811.

ROBERT IVERSpN,

'Speaker of the House of Representatives.
MATTHEW TALBOT,

President of the Senate,

D. B. MITCHELL, Governor.

(No. 615.)

AN ACT

To incorporate the town of Marion, in the county of Twiggs, and to vest certain

powers in the Commissioners thereof.

' * • -

Sect. 1. BE it enacted by*the Senatcand House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Commission- That Henry M. Terrel, John Flemming, Martin* Pitts, Lemuel P. Hargrave, and Moses
ers of the . „ . * , , , , .

town of Mari- Fort, be, and they are hereby appointed commissioners ot said town ; and they and their

TheFrPpowers. successors in office, or a majority of them, shall have full power and authority to pass

all bye-laws and regulations which they may defcm necessary, for the improvement and

repair of the streets and roads within the limits of said corporation, for the preservation

of good order, and all other corporate acts, winch may be necessary for the comfort and

^J^m

_..WA*..^

TOWNS. (MARION. 1816.) 94l

- ~ ■ ' . '

convenience of the citizens of said town : Provided, the same shall not be repugnant to (No. 615.)

the ;aws and constitution of this state, and that of the United States. Proviso.

Sect. 2. And be it further enacted by the authority aforesaid, That the said commis- Continuance

sioners shall continue in office until the firs*t Monday in February, in the year eigh- saut commis-

teen -hundred and eighteen ; and on the first Monday in February in every year there- ^uners-

after, the free male inhabitants of said town, who are entitled to vote for members of tions ofcom-

• iii missi oners,

the General Assembly, shall convene at the court-house m said town, and by ballot when and how

elect commissioners, who shall continue in office for one year : at which said election,

' ;._y ; ' Who shall-

one justice of the peace, and two freeholders of said county, not being themselves can- preside there-
at.
didates, shall preside : Provided, that if the said election should, from accident or any ' .

. /', . r J Proviso, in

other cause, not be held on the day pointed out by this act, the said commissioners case an elec-

. • i i • i i i • • i i t t i tion should

whose time by this act may have expired may, by giving ten days notice, by public ad- not be held

vertisement atthe court-house door of said county of Twiggs, have an election holden prescribed

for commissioners, to be conducted in the manner herein before pointed out.

Sect. 3. A%d be it further enacted, That the said incorporation shall extend to and Extent of the
include all the tract of land originally purchased by the commissioners of Twiggs
county, for a site for public buildings, together with all the land lying within four
hundred yards of the court-house in said town.

Sect. 4. And be it further enacted, That the said commissioners shall have power Commission-
to appoint -all officers they may deem -necessary for carrying the aforesaid powers into pTilnf^lficers
effect, and to fill *dl vacancies that may happen by death, resignation or otherwise, in a!ld fil1 vacan~

their body.

BENJAMIN WHITAKER,

Speaker of the Mouse of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 12th December, 1816.

D. B. MITCHELL, Governor,

942 TOWNS. (St. MARY'S. 1811.)

St. MARY '8.

(No. 616.) AN ACT

To authorize the present Commissioners of the St. Mary's Lottery to appoint other
Commissioners to Jill up the vacancies which have been occasioned by removal of
some, and refusal of others to serve.

Preamble. WHEREAS, by removal of some of the commissioner's of the St. Mary's lottery.,

and refusal of others to serve, the progress of the lottery is impeded ; for remedy
whereof,

Sect. 1 . BE it enacted by the Senate and House of Representatives of the state of Geor-

Commission- gia, in General Assembly met, and by the authority of the same, That the present com-

ry's lottery missioners of the St. Mary's lottery shall be, and they are hereby authorized and fully
authorized to 4 . .-'."". >. . . . . .

fill certain va- empowered to appoint other commissioners to nll-up the vacancies which have been oc-

their bodv casioned by the removal of some, and refusal of others of the commissioners first ap-
pointed to serve ; and the person or persons so appointed to fill such vacancies shall be,
and they are hereby invested with the same power and authority to proceed in the du-
ties assigned them, as the former commissioners who were appointed,, by an act of the
legislature of this state, passed the 7xh of December, eighteen hundred and seven.

ROBERT IVERSON,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

Executive Department, Georgia.

Assented to, 13th December, 1811.

D. B. MITCHELL, Governor.

■■■—-— —

TOWNS. (St. MARY'S. 1812.) 943

AN ACT (No. 617.)

To amend an act, entitled a JLn act to amend and revise An act to incorporate the

town of St. Mary's, passed the 10th day of December, 1804."

* •

WHEREAS, the powers of the intendant and council of St. Mary's, as assigned to preamble

them by the above recited act, in one respect are not clearly denned, or. are not well

understood : wherefore,

Sect. 1. BE it' enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the intendant and council of the town of St. Mary's, are vested with the sole The intendant

power to order rand regulate the nightly guards and patroles within the limits of said st. Mary's to

town, at such times and in such manner as they, in their discretion, may judge expe- L^dsand6

dient and necessary, for the security of the inhabitants and their property; and for the patroles with-

J J .. . . m the limits

preservation of good order : also to determine and levy fines, for all violations of the of said town.

rules and ordinances of the said intendant and council, for all defaults, or for any other m^e andkvy

oifences against the Ordinances of the said corporation. nnes< -

Sect. 2. And be it further enacted by the authority aforesaid, That so much of any Repealing1

ClSLliSfi

law or parts of laws now in force, and which may be construed to militate against this
act, be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN, 0

President of the Senate,
Executive Department, Georgia.

Assented to, 7th December, 1812.

D. B. MITCHELL, Governor

944

TOWNS. (WARRENTON. 1811)

WARRENTON.

(No. 618.)

AN ACT

To alter and amend an act, entitled J2n act to incorporate the town of Warrenton,
in the county of Warren, and to vest certain powers in the commissioners
thereof

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Extent of the That the town of Warrenton shall extend four hundred yards in every direction from

town of War- . .

renton. the court -house ; and that all citizens who have resided six months in the said town,

ofToterffor and are qualified to vote for members of the legislature, shall be entitled to vote for

commission- commissioners.

ers. • . ■ v •;

Powers of the
commission-
ers of said
town.

Proviso.
Prov so.

Sect. 2. And be it further enacted, That the said commissioners, or a majority of
them, are hereby authorized and empowered to pass such bye-laws and ordinances, ^.s
they shall deem necessary for preserving the public property within the limits of the
corporation, and improving- the streets and public square, and also the lot containing the
meeting-house and burying ground, removing nuisances, and preventing damages by
fire; and for promoting order and morality : Provided, such bye-laws and ordinances
shall not be repugnant to the constitution and laws of this state : Provided nevertheless,
that nothing herein contained shall be so construed as to authorize said commissioners
to inflict , corporal punishment on any white person, or to deprive any slave or free per-
son of colour of life, limb or member.

Said covnmis- Sect. 3. And be it further enacted by the authority aforesaid, That said commission*

sioners may erg^ Qr a majority 0f them, shall have power to appoint a> cleric, constable, or marshal,

cers- and such other officers as they'8 may deem necessary to carry into effect the purpose of

the said incorporation ; and the said commissioners shall be, ex officio, justices of the

peace, so far as ic respects the carrying into effect the said act of incorporation ;- and

Their powers, thej* may impose fines for contempts, issue execution for fines and penalties, and for

taxes, which shall be collected by the said constable or marshal, in the same manner as#

executions from a justice's court, and shall be entitled to the same fees.

TOWNS. (WARRENTON. 1811.) 945

Sect. 4. And be it further enacted, That the said commissioners, and their successors (No. 618.)

in office, are hereby authorized to tax the inhabitants of said town, to any amount not M^y tax the
' J 1 J inhabitants of

exceeding one half of their general tax in each year ; and the said commissioners shall said town.

be capable of suing and being sued, in their corporate capacity, and shall have power ^e gUe(j

to acquire, hold, and dispose of property, both real and personal, to be applied to the May hold and
r . . . ..... dispose of pro-

improving of said town, and promoting education m the town and its vicinity. perty.

Sect. 5. And be it further enacted, That the said commissioners shall be elected on Time of their

election

the first Monday in January next, and on the first Monday in January in every year
thereafter.*

Sect. 6. And be it further enacted, That all laws or parts of laws heretofore passed, Repealing
which militate against this act, be, and the same are hereby repealed.

ROBERT IVERSON,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate,

Executive Department, Georgia. .
Assented to, 16th December, 1811.

D. B. MITCHELL, Governor

See the 2d sec. of the following act of 1816, as to the time of election,

■

6 E

946

TOWNS. (WARRENTON. 1816.)

(No. 619.)

AN ACT

Obstructions
in the streets
and alleys in
Warrenton to
be removed.
Persons plac-
ing1, or suffer-
ing obstruc-
tions to re-
main therein,
indictable for
a nuisance.

Commission-
ers to be elect-
ed annually,
on the first
Tuesday in
January.

To open and keep open the Streets and Mleys in the town of Warrenton, in the
county of Warren, arid for other purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and after the first day of March, in the
year of our Lord, eighteen hundred and seventeen, all obstructions, of what nature
soever, that now are in the streets and alleys of the town of Warrenton, in the county
of Warren, shall be removed ; and all and every person or persons, who shall hereaf-
ter place any obstructions, or suffer those obstructions that now are in said streets and
alleys, to remain after the day aforesaid, shall be deemed and considered as guilty of
a nuisance, and be subject to indictment as such.

Sect. 2. And be it further enacted by the authority aforesaid, That so much of an
act, entitled An act to incorporate the town of Warrenton, and for other purposes,
passed on the 8th day of December, eighteen hundred and ten, as appoints the first
Monday in January in each year for the election of commissioners, be, and the same is
hereby repealed; and the first Tuesday in January, in the year of our Lord, eighteen
hundred and seventeen, and the first Tuesday in January in each year thereafter, be
substituted in lieu thereof.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 13th December, 1816.

D. B. MITCHELL, Governor.

n ■ MiiMiiiiMiii • .ll.lt

TOWNS. (JEFFERSON. 1812.) 947

JEFFERSON,

AN ACT (No. 620.)

4ft

To incorporate the town of Jefferson, in the county of Jackson.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Commission-

crs of the
Thomas Hyde, Willis Pope, John Boyle, Peleg Rogers, and Robert Billups, esquires, townofJef-

shall be commissioners of said town, and that they, and their successors in office, shall ntinteiP'

have full power and authority to pass all bye-laws and regulations, which may be neces- May pass bye

sary for improving and repairing the public square, streets and springs of said town,

and the promotion of public good : Provided, that such bye-laws and regulations shall Proviso.

not be repugnant to the constitution and laws of this state ; and that no penalty thereby

imposed, shall extend to corporal punishment, (except on slaves or persons of colour :)

And provided also, that said commissioners shall not impose any poll tax upon the citi- Proviso,

zens of said town, which shall exceed one dollar, within the term of one year.

Sect. 2. And be it further enacted, That the said commissioners shall continue in office Continuance

until the first Monday in January, eighteen hundred and fourteen ; on which day, and E1 .. ' f

on the first Monday in every January thereafter, all the free male white citizens of said commission-
ers, when, and
town, who shall be entitled to vote for members of the General Assembly, shall assem- how to take

ble at the court-house of said county, and by ballot elect five other commissioners, who

shall continue in office for one year ; and in case it should so happen, that such elections

should not be held on the days required by this act, that the said commissioners then

in office shall continue until such election shall take place ; at which election, any two who shall pre -

justices of the peate for said county, not a candidate, shall preside : Provided neverthe-

. . ,. . $. . Proviso.

lessi that the said commissioners shall be re-eligible to said appointments.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.
Assented to, 27th November, 1812.

D. B. MITCHELL, Governor
6E 2

948

TOWNS (S ANDERS VILI.E. 1*312.)

SANDERSVILLE,

(No. 621.)

AN ACT*

To incorporate the town of Sandersville, in the comity of Washington, and to vest
certain powers in the Commissioners thereof

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geo r-

Commission- gia, in General Assembly met, and by the authority of the same, That David Martin,,

ville appoint- Samuel Richmond, Simeon Rogers, John Mathews and Isham H. Saffold, be commis-
ed.

Their powers.

Proviso.

Proviso,

sioners of said town ; and they, and their successors in office, shall have full power and
authority to pass all bye-laws and regulations, which may be necessary for the improve-
ment and repairing of the streets of said town, and the preservation of the public good :
Provided nevertheless, that such bye-laws and regulations shall not be repugnant to the
constitution and laws of this state, and that no penalty thereby imposed shall extend
to corporal punishment, except to people of colour : And provided also, that the said
commissioners shall not impose any tax upon the citizens of the said town, which shall
exceed one dollar on each poll, within the term of one year.

Continuance
in office of the
said commis-
sioners.

Elections for
commission-
ers, when and
how to be
held.

Who shall pre-
side thereat.
Proviso.

Sect. 2. And be it further enacted, That the said commissioners shall continue in
office until the first Tuesday in January, one thousand eight hundred and fourteen ; and
on the first Tuesday in January in every year thereafter, on which day all free male
citizens of the said town, who have given in their taxable property, and who are entitled
to vote for members of the General Assembly, shall assemble at the court-house. in said
town, and by ballot elect other commissioners, who shall continue in office for one
year ; at which election two justices of the peace for the said county, not being candidates,
shall preside : Provided nevertheless, that said commissioners shall be re-eligible to the
said appointments. ' . »

Extent of the
corporation.

Sect. 3. And be it further enacted, That the said incorporation shall extend to, and
take all the town lots that have been originally laid off in said town, and also shall com-

* See act of 1817, No. 622, amendatory of this act.

*f%5

TOWNS. (SANDERSVILLE. 1812.) 94g

prehend all the land within four hundred yards of the said court-house, it being the centre (No. 621 .)
of said corporation

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate.
Executive Department, Georgia,

Assented to, 27th November, 1812.

D. B. MITCHELL, Governor.

AN ACT (No. 622)

To amend an act of eighteen hundred and twelve, to incorporate the town qfSan-
dersville in the county of Washington, and to vest certain powers in the com-
missioners thereof.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That Morgan Brown, Commission-
Victory S. Townsley, George Kelly, William Rutherford and Shadrack Perry, be com- ^ie appoint-"

missioners of said town, who shall have power to appoint one intendant ; and that in- ed-

r . rr . Who shall ap-

tendant and two commissioners shall constitute a board, and they and their successors point an in-

in office shall have full power and authority to pass all bye-laws and regulations, which .

may be necessary for the improvement and repairing of the streets of said town, and the

preservation of the public good : Provided nevertheless, that such bye-laws and regula- Proviso.

tions shall not be repugnant to the constitution and laws of this state, and that of the

United States, and that no penalty thereby imposed shall extend to corporal punishment,

except to people of colour : And provided also, that the said commissioners shall not Proviso.

impose any tax upon the citizens of said town which shall exceed one dollar on each poll,

within the term of one year.

Sect. 2. And be it further enacted, That the said commissioners shall continue in Continuance

office until the first Saturday in May next ; and on the first Saturday in May in every ™£ Commis-

year thereafter, on which day all free male citizens of said town, and who are entitled to S10ners-

vote for members of the General Assembly, shall assemble at the court-house in said commission-

town, and by ballot elect other commissioners, who shall continue in office for one frs' *"h?a and

J ' now to be

year ; at which election two justices of the peace of said county, not being candidates, he]d-

shall preside ; Provided nevertheless, That said commissioners shall be re-eligible to the Proviso.

>-■-

950 TOWNS. (DUBLIN. 1812.)

■- —

(No. 622.) said appointment; and in the event of the citizens of said town failing to elect commis-
sioners on the day as above prescribed, that ten days notice, given by any justice of the
Inferior Court of said county, for such an election, or to fill any vacancy of said com-
missioners, shall be valid.

Extent of the Sect. 3. And be it further enacted, That the said incorporation shall extend to, and
10 take in, all the town lots that have been originally laid off in said town, and shall com-
prehend all the land within four hundred yards of the said court-house, it being the
centre oi said corporation; any law to the contrary notwithstanding.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 18th December, 1817.

WILLIAM RABUN, Governor.

DUBLIN,

(No. 623.) AN ACT

To incorporate the town of Dublin, in the county of Laurens, and to vest certain

powers in the commissioners thereof

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Commission- Georgia, in General Assembly met, and by the authority of the same, That Neal Mor-

crs for tlic

town of Dub- row, Lewis Kennon, William Tolbert, Eli S. Shorter, and Henry Shepherd, be commis-

m appointed. sioners 0f sajcj town, and they, and their successors in office, shall have full power and
Who may pass J % l

bye-laws, &c. authority to pass all bye-laws and regulations, which may be necessary for the improve-
ment and repairing of the streets of said town, and the preservation of the public good :
Proviso. Provided nevertheless, that such bye-laws and regulations shall not be repugnant to the

constitution and laws of this state, and that no penalty thereby imposed shall extend to
Proviso. corporal punishment, except to people of colour : And provided also, that the said com-

missioners shall not impose any tax upon the citizens of the said town, which shall ex-
ceed one dollar on each poll, within one year.

TOWNS. (WAYNESBOROUGH. 1812.) 951

Sect. 2. And be it further enacted, That the said commissioners shall continue in (No. 623.)

office until the first Monday in January, one thousand eight hundred and fourteen ; and j^0"^"^"^ e

on the first Monday in January in every year thereafter, on which day all the free male said commis-

J . • . . sioners.

citizens of said town, who have given in their taxable property, and who are entitled to Election for

vote for members of the General Assembly, shall assemble at the court-house in said ers when and

town, and by ballot elect other commissioners, who shall continue in office for one year ; how lleld*

at which election two justices of the peace for said county shall preside : Provided ne- Proviso,

vertheless, that said commissioners shall be re-eligible to the said appointment.

Sect. 3. And be it further enacted, That the said incorporation shall extend to and Extent of the

incorporation,
include all the inhabitants living within two hundred and fifty yards of Broad-street,

and within four hundred yards of the court-house, in the said town of Dublin.

■•

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia.
Assented to, 9th December, 1812.

D. B. MITCHELL, Governor.

WAYNESBOROUGH.

AN ACT (No. 624.)

To incorporate the town of Waynesborough, in the county of Burke, and to vest
certain powers in the Commissioners thereof.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That Alexander Commission-

crs for the
Carter, Isaiah Carter, George Poythress, William Stone, and Jeremiah W. Williams, town of

and their successors in office be, and a majority of them are hereby authorized and em- roShap-"

powered to pass all such bye-laws and regulations as they shall deem necessary for pre- Pomted-

• r Who may pass

serving the public property within the limits of the incorporation, and improving the bye-laws, &c

streets and public squares in the said town, removing nuisances, and preventing da-

952

TOWNS. (WAYNESBOROUGH. 1812.)

(No. 624.) mages by fire, and for promoting order and morality : Provided, such bye-laws and or-
Proviso. dinances shall not be repugnant to the constitution and laws of this state : Provided ne-

vertheless, that nothing herein contained shall be so construed as to authorize said com-
missioners to inflict corporal punishment on any white person, or to deprive any slave,
or free person of colour, of life, limb or member.

Future com-
missioners,
their number,
and the time
of electing
them.
Who shall
vote, and who
shall preside
at the election.
Continuance
in office.
Proviso.

Said commis-
sioners may
appoint offi-
cers.

Their powers
with regard
to fines, penal-
ties and taxes.

Sect. 2. *And be it further enacted, That five commissioners for the said town of
Waynesborough shall in future be elected annually, on the second Monday in January,
by the free male white citizens thereof, who shall have given in their taxable property,
and who shall be at that time entitled to vote for members of the General Assembly ; at
which election any two justices of the peace of the county shall preside; and the com-
missioners so elected shall continue in office until the ensuing election, or until their
successors are appointed : Provided, the said commissioners may be re-elected.

Sect. 3. And be it further enacted by the authority aforesaid, That the said commis-
sioners, or a majority of them, shall have power to appoint a clerk, marshal, and such
other officers as they may deem necessary to carry into effect all proceedings which
they may adopt under the authority of this act ; and the said commissioners shall be, ex
officio, justices of the peace, so far as respects the carrying into effect the said act of in-
corporation ; and they may impose fines for contempts, issue executions for fines and pe-
nalties, and for taxes, which shall be collected by the said marshal, in the same manner
as executions from a justice's court, and shall be entitled to the same fees.

What tax they Sect. 4. And be it further enacted, That the said commissioners, and their successors

in office, are hereby authorized to tax the inhabitants of said town, to any amount not

Further pow- exceeding one-eighth of their general tax in each year ; and the said commissioners shall
crs,

be capable of suing and being sued in their corporate capacity ; and shall have power to

acquire, hold, and dispose of property, both real and personal, to be applied to the im-
provement of said town.

Said commis-
sioners to be
a separate and
distinct body
from the trus-
tees of the
academy.
May tax re-
tailers of spi-
rituous li-
quors, also
public shows.

Sect. 5. And be it further enacted, That the said commissioners shall be a separate
and distinct body from the trustees of the academy of said town and county ; and the
said commissioners shall have power to assess and levy a tax on all retailers of spiritu-
ous liquors within the incorporated limits of the said town of Waynesborough, not ex-
ceeding the amount of the one half part of what is imposed by law for a license to retail
such spirituous liquors ; and shall likewise have power to exact a tax on all public

This section amended by act of 1816, No. 627.

. ...

TOWNS. (WAYNESBOROUGH. 18 1£.)

1-iT'u

shows, which may be at any time exhibited or exposed to view for money, within the (No. 624.)
said town.

Sect. 6. And be it further enacted, That the said commissioners shall, on application, Must deliver

deliver to the board of trustees of the academy of the said town, and county of Burke, of said acacle.

all monies, bonds, notes or other evidences of debts, belonging or appertaining to the ^' bi^nSne

said institution, which are or may be in their hands, at the time the same may be re- to said institu-
tion.
quired by such trustees : and further, that the said commissioners shall likewise, on the The commis-

application of the said board of trustees, lay off and sell any number of one-acre lots, application of

out of the reserved land belonging to the said town, or common thereof, adjoining those the said board

00 # of trustees,

already laid off, and make titles to the purchasers, upon payment being made for the shall lay off,

same ; and the monies arising from the sale of said lots, shall be paid over by the said Vey any num-

commissioners into the hands of the trustees of the academy, to be by them appropri- £** °* l^evv-

ated for the benefit of the institution. *d land of said

town, and pay
over to the said trustees the money arising from the sale thereof.

Sect. 7. And be it further enacted, That the jurisdiction of the said incorporation Jurisdiction of
shall extend to and comprehend the said town, and the reserved lands or commons be- ration"
longing thereto.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Semite*

Executive Department, Georgia,
Assented to, 10th December, 1812.

Sena
D. B. MITCHELL, Governor.

6 F

954 TOWNS. (WAYNESBOROUGH. 1813.)

(No. 625.) AN .ACT*

To quiet and confirm the Titles of persons who have purchased Lots from and
under the Commissioners of the Town or Academy of Waynesborough, in the
county of Burke, and for other purposes.

Preamble. WHEREAS, it has been represented to this General Assembly, that the lot-holders

and persons owning lots in the town of Waynesborough, in the county of Burke, are
likely to be disturbed in their titles to, and possession of lots in the said town, by reason
of there being no grant in existence from the state of Georgia, for the land whereon the
said town of Waynesborough is situate. And whereas, it appears by the 11th section
of an act of the General Assembly of this state, passed at Augusta, the 31st July, 1783T
entitled a An act for laying out the reserved land in the town of Augusta into acre
lots, the erecting of an academy or seminary of learning, and for other purposes there-
in mentioned," that Thomas Lewis, senior, Thomas Lewis, junior, John Duhart, Ed-
ward Telfair and John Jones, were appointed commissioners for laying out a town, in the
reserve of public land in the county of Burke, into acre lots, and disposing of the same at
public outcry, and the monies arising therefrom to be applied to the purpose of erecting
the necessary public buildings in said town, to be known by the name of Waynesbo-
rough : And it being represented that the said commissioners, or their successors in office,
did lay out a town, in pursuance of the before recited section, on a tract of land belong-
ing to the public, in the county of Burke, which tract of land was at that time bounded
east^ffid south-east, by lands of John Thomas and Josiah Allday ; north-west, by land of
John Robinson ; and westwardly, in part, by Robert Miller ; and did proceed to sell lots
accordingly : And it appearing manifestly unjust and oppressive, that persons purchasing
of those commissioners, or their successors in office, or those claiming under such pur-
chasers, should, at this late day, be disturbed in their titles to the lots in said town: For
remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
Certain titles gia-> in General Assembly met, and it is hereby enacted by the authority of the same, That
town* of" ^ a^ tittes to l°ts m t^ie sa^d town of Waynesborough, in the county of Burke, derived

Waynesbo- from and under the commissioners of said town, or the commissioners of the Waynesbo-
rough made
valid. .rough academy, in the county of Burke, be, and the same are hereby declared to be as

good and valid in law and equity, as if the land upon which the said town is situate had

This act explained by act of 1814, No, 6260

«,*****». -*»- m _

TOWNS. (WAYNESBOROUGH. 1813.) y55

been regularly granted by the state of Georgia ; and the persons claiming, or to claim, (No. 625.)
tinder or by virtue of any sale, from the commissioners aforesaid, shall have, and they are
hereby declared to have, as good right and title to the lots in the said town of Waynes-
borough, as if the said land had been granted as aforesaid : Provided, nothing herein Proviso,
contained shall be so construed as to defeat the title or claim of any person or persons,
who shall have fairly and regularly obtained a grant from the state of Georgia, for any
lot or lots in the said town of Waynesborough, prior to any sale by the commissioners
of said town, as aforesaid.

And to prevent all future disputes, in relation to the titles of the commissioners of Preamble to

... r . section 2d.

the said town or academy of Waynesborough, in the county of Burke, or persons claim-
it
ing or to claim under them, or their successors in office ;

Sect. 2. Be it enacted by the authority aforesaid, That all that tract of land herein All of the tract

y J J ' . . oflandwhere-

before described, and whereon the town of Waynesborough is situate, which has not on Waynes-

heretofore been disposed of by the commissioners of the town of Waynesborough, or com- situate^ which

missioners of the academy of Burke county, be, and the same is hereby declared to be y^0^

vested in the present commissioners of the town or academy of Waynesborough, in the posed of by
1 , J J ° / #' « the commis-

county of Burke, and their successors in office, for public purposes, and for carrying into sioners of said

effect so much of the before recited act as appertains to the town of Waynesborough and missioners of

the public buildings in said town, according to the true intent and meaning of said act, ofBurke coun-

as fully and completely as if a grant had been regularly obtained therefor : Provided, tv> vested in

nothing herein contained shall operate or be so construed as to affect the claim of any commissioners

person or persons having a fair and regular title, derived under a grant from the state of or academy,'

Georgia, for any of the before described tract of land. purpose"11

Proviso.

Sect. 3. And be it further enacted by the authority aforesaid, That all title-deeds for Title-deeds

. f°r lots in said

lots in the said town of Waynesborough, derived from the commissioners of the said town, admissi-

town, or trustees of the academy of Burke county, shalLbe admitted as evidence in the without re- '

Superior Courts of this state, without requiring the production of a grant from the state <lun'ing .tne

for the land described in such deeds, any law, usage or custom to the contrary notwith- a grant.

standing.

Assented to, 6th December, 1813.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate*

PETER EARLY, Governor.
6 F 2

956 TOWNS. (WAYNESBOROUGH. 1814.)

(No, 626.) AN ACT

To explain certain parts of an act, entitled li An act to quiet and confirm the Titles
of persons who have purchased Lots from and under the Commissioners of the
Town or Academy of Waynesborough, in the county of Burke, and for othef
purposes " passed at Jfflilledgevitle, 6th December, 1813.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
The recited gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
with regard nothing contained in the before recited act, or in the provisos to the first and second
thecomm!s° sections thereof, wa| intended in the slightest manner to impair the title of the commis-
sioners of the sioners of the town of Waynesborough, or the trustees of the Waynesborough academy,

Waynesbo- to any lot or parcel of land not previously conveyed by them, embraced within the
rough, or the #* -, i • i* i * i *i •• V , .

trustees of Waynesborough township line, as laid out by the commissioners under and by virtue of

rou^acade- an act> entitle<i " An act for laying out the reserved land in the town of Augusta into

™>^° any lot, 0ne-acre lots, the erecting of an academy or seminary of learning, and for other purposes

town; &c. therein mentioned," passed at Augusta, 31st July, 1783 : But it was intended to leave

all disputes between said commissioners or trustees and other persons, in relation to the

said land, or any part of it, upon the same footing that they were prior to the passing of

the act of which this is explanatory.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to? 18th November, 1814.

PETER EARLY, Governor,

— ^ - • ----- -^-— * 1 1 i^ftitfiiililto i uuJmAmmmmk

TOWNS. (WAYNESBOROUGH. 1816.; 957

AN ACT (No. 627.)

To amend the second section of an act, entitled An act to incorporate the town of
Waynesborough, in Burke county, and to vest certain powers in the Commis-
sioners thereof.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Number of

• & . (j. commissioners

five commissioners for the said town of Waynesborough shall, in future, be elected for Waynes-

annually, on the second Monday in January, by the free male white citizens thereof, °r f' , •

who shall have given in their taxable property, and who shall be at that time entitled to electfon.

vote for members of the General Assemblv; at which election any one justice of the Who shall pre-

r . side thereat.

Inferior Court or justice of the peace of the county, and two freeholders, shall preside;

and the commissioners so elected shall continue in office one year. In case no election What to be

a* , done in case

shall be held on the day as pointed out by this act, then it shall be lawful for any two or no election be

more justices of the Inferior Court to appoint a day for holding of said election, first day prescrib-

giving twenty days public notice of the same ; and the commissioners so elected shall in act

continue in office until the second Monday in January following.

Sect. 2. And be it further enacted, That so much of the aforementioned act as militates Repealing
• • clause,

against this act be, and the same is hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives. \

WILLIAM RABUN,

President of the Senate,
Assented to, 4th December, 1816.

D. B. MITCHELL, Governor, ^ * ,

♦

958 TOWNS. (MILLEDGEVILLE. 1812.)

'— ' — — * "—■

MILLEDGEVILLE

(No. 628.) AN ACT*

To amend An act to appoint Commissioners for the better regulation andfrgovem-
ment of the town of Milledgeville, passed the 15th day of December, IB 10.

a Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

Who may vote gia,in General Assembly met, and by the authority of the same, That all persons residing

for conmiis-

sioners of Mil- in the town of Milledgeville, entitled to vote for members of the General Assembly, shall

e gevi e. ^£ entitiecj to vote for commissioners of said town.

Said town di- Sect. 2. And be it further enacted, That the town of Milledgeville shall be divided
vided into two . ' . . _ „ lt , r . . . r.

wards. mto two wards, in the following manner, to wit : all that part of said town south or

Washington-street, shall be known by ward No. 1, and all that part lying north of

Two commis- Washington-street, shall be known by ward No *2 ; and the electors in each ward shall
sioners for . ..... . . * S nr -i • -r

each ward, meet at some convenient place within their respective wards, on the first Monday in Janu-

to be electecT ar^ next> anc^ on tne ^rst Monday in January in every year thereafter, and, between the

hourqEgf ten o'clock in the forenoon and four o'clock in the afternoon, proceed, by ballot,

One intendant to elewtwo persons as commissioners for each ward, and one fit and proper person as in-

ajso tendant ; which said commissioners and intendant, before they enter upon the duties of

Oath of said their office, shall take and subscribe the following oath, viz : I, A. B. do solemnly swear,

commissioners . . ' .

and intendant. or affirm, that 1 will to me utmost or my power, perform the duties required or me as

commissioner, or intendant, of the town of Milledgeville ; so help me God.

Whoshallpre- Sect. 3. And be it further enacted, That three freeholders shall, preside at the afore-
election, &c said elections, whose duty it shall be to give ten days public notice of the place of hold-
ing said elections, and shall certify from under their hands the persons so elected.

Powers of the Sect. 4. And be it further enacted, That the intendant and commissioners shall have

said intendant # , •

and commis- power, from time to time, to make and establish such bye-laws, rules and ordinances,

sioners.

* This act amended by act of 1815, No. 631. The powers of the commissioners extended by act of 181S,
No. 630. But see act of 1818, No. 633, to amend and consolidate the several acts for the better regulation and
government of the town.

TOWNS. (M1LLEDGEVILLE. 1812.) , 959

respecting the streets, public springs, roads, markets, public houses, carriages, waggons, (No. 628. ^
carts antt drays, pumps, buckets, fire engines, disorderly persons, free negroes and slaves,
and for the preservation of good order within the town, for preventing illicit traffic be-
tween slaves and shop-keepers, and for compelling a due observance of the Sabbath; and
to appoint the necessary officers for carrying such ordinances into effect, and to affix and
levy fines for all offences committed against the bye-laws of the said town: Provided, Proviso
such bye-laws and ordinances shall not be repugnant to the constitution and laws of this
state : And provided also, that it shall not be lawful for said commissioners to assess or Proviso.
levy any tax whatsoever on the inhabitants of said town, exceeding the one-eighth of their
general tax.

Sect. 5. And be it further enacted, That all laws and parts of laws which militate Repealing

clause,
against this act be, and they are hereby repealed. - *

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

D. B. MITCHELL, Governor.

Executive Department, Georgia.

Assented to, 10th December, 1812.

AN ACT (No. 629.)

Tq authorize the Commissioners of the town of JWilledgeville to lay off and lease

four acres of Land to Over off Jordan.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That the commissioners Commission-

crs of Mil-
of the town of Milledgeville are hereby authorized and required to lay off four acres of ledg-eville au»

land of the town common, and lease the same to Overoff Jordan for the term of ten years, j ° "^ and

so as to "include the cabins where the said Jordan now lives. lease f°?? _

acres of land

to Overoff Jor-
BENJAMIN WHITAKER, dan.

Speaker of the House of Representatives.

Executive Department, Georgia.

Assented to, 9th December, 1812.

WILLIAM RABUN,

President oftfie Senate,

D, B, MITCHELL, Governor

• • ^v\'

96Q TOWNS. (MILLEDGEVILLE. 1813.)

(No. 630.) AN ACT

To extend the powers of the Commissioners of the town of Milledgeville.

■

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

Commissjon- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That

ledgeville au- the commissioners of the town of Milledgeville shall have power to let or lease to any of

or°lease an/ tne lot-holders of said towci any part.of the commons of said town, where the timber is

part of the exhausted, for a term in their discretion, not exceeding three years, for the purpose of

mons, where having the same cleared of the undergrowth and put in a state of cultivation, to be de-

the timber is ,,._.; .

exhausted, for livered over to the said commissioners, or their successors in office, under a good enclo-

exceedin'^3 sure, at the expiration of the time for which the same may have been let or leased.
years.

% ^" i j£

May pass bye- Sect. 2. And be it further enacted, That the commissioners aforesaid shall have power

vent the waste to make and establish any bye-laws or ordinances, which they may deem necessary to

of timber on prevent the extravagant waste of timber on the commons of the town aforesaid : Provided.
the commons, r °

Proviso. such bye-laws or ordinances shall not be repugnant to the constitution and laws of this

state.

Repealing Sect. 3. And be it further enacted, That all laws and parts of laws which militate

against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the* House of Representatives,

WILLIAM RABUN,

President of the Senate.
Assented to, 6th December, 1813.

PETER EARLY, Governor.

MMim

TOWNS. (MILLEDGEVILLE, 1815.

<vv

96]

AN ACT*

(No. 631.)

To amend An act to appoint Commissioners for the better regulation and govern-
ment of the town of Milledgeville, passed the 10th day of December, IS\2,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Who may vote

. . . i • " '♦ i r ,».,, ,,, -I-, r i r i for intendant

all persons living within the town ol Milledgeville, entitled to vote lor members ol the anc] commis-

General Assembly, shall be entitled to vote for commissioners and intendant of said ledeeviUe *
tOAvn.

Sect. 2. And be it further enacted, That the town of Milledgeville shall be divided Said town di-

r - rr r • vide d into four

into four wards, to wit: the intersection of Washington and Jefferson streets, forming wards.

the town into four divisions, shall constitute said wards, which shall be known and desig-
nated as follows : the north-western division, ward No. 1 ; the north-eastern division,
ward No. 2 ; the south-eastern division, ward No. 3 ; and the south-western division,
ward No. 4.

Sect. 3. And be it further enacted, That the inhabitants entitled to vote as aforesaid
shall meet at the court-house in said town, on the first Saturday in January next, and on
the first Saturday in every January thereafter, and between the hours of ten o'clock in
the forenoon and three o'clock in the afternoon, proceed to elect by ballot one commis-
sioner for each ward, and an intendant of said town : Provided, that no person shall be
elected a commissioner for any ward, unless he actually resides within the ward for
which he shall be elected ; and if any commissioner shall remove from the ward for
which he is elected, or shall die or resign, it shall be the duty of the remaining commis-
sioners and intendant to appoint some other person, residing within the ward in which
a vacancy shall so happen, to^fill such vacancy for the balance of the year.

One commis-
sioner for each
ward and an
intendant,
when and how
to be elected.

Proviso.

Vacancies,
how filled.

Sect. 4. And be it further enacted, That it shall be the duty of the commissioners The present^

r m --iii • ■ i r -\t-i commissioners

or said town, now in orhce, to give at least three days notice m the newspapers ol Mil- to give 3 days

ledgeville, of the election to be holden the first Saturday in January next, as herein be- "°s^ election

fore expressed; and similar notice shall be given by the commissioners, who may be then similar notice
m r l i ofallsubse-

ln orhce, ol every subsequent election. quent elec-

tions to be
given-.

See act of 1818, No.
6G

■.v.v

962

TOWNS. (MILLEDGEVILLE. 181*5.)

(No. 631.)

Who shall pre-
side at said
election.

Oath of said
commissioners
and intendant.

Sect. 5. And be it further enacted, That three freeholders shall superintend said elec-
tion, and shall certify, from under their hands, the persons so elected ; and the said com-
missioners and intendant so elected shall, before they enter on the duties of their office,
take arc! subscribe the following oath, viz: I, A. B. do solemnly swear or affirm, (as
the case may be,) that I will, to the utmost of my power, perform the duties required
of me as intendant or commissioner of the town of Milledgeville ; sq help me God.

Powers of said
intendant and
commission-
ers.

Sect. 6. And be it further enacted, That the intendant and commissioners shall have
power to lease, for one year at a time, the fisheries and cleared lands on the commons of
said town ; to pass such bye-laws and ordinances as they shall deem necessary and pro-
per, for the better regulation of the market, for keeping the streets and public roads in
repair, for the preservation of the public springs, pumps, wells, fire-engines, and good
order among disorderly persons, free negroes and slaves ; and for preventing illicit traffic
between slaves and shopkeepers ; and to appoint the necessary officers for carrying such
bye-laws and ordinances into effect ; and to affix and levy fines for all offences commit-
ted against the bye-laws of said town : Provided, such bye-laws and ordinances shall
not be repugnant to the constitution and laws of this state.

Their power
of taxation.

Sect. 7. And be it further enacted, That the said intendant and commissioners shall
have power to assess and levy a tax on the inhabitants of said town, which shall not
exceed the one-fourth of their general tax, and shall apply the same to keeping the
streets in good repair.

Repealing
clause.

Sect. 8. And be it further enacted, That all laws and parts of laws which militate
against this act be, and they are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate-

Assented to, 14th December, 1815.

D. B. MITCHELL, Governor.

1 1

■^^MMIL

TOWNS. (MILLEDGEVILLE. 1816.) 963

AN ACT , (No. 6.32.)

To authorize the Commissioners of the town of Milledgeville to lease one acre

of Land of the Town Commons.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Commission-

_. .. ri r ers of the town

from and immediately after the passage of this act, the commissioners of the town of of Milledge-

Milledgeville are hereby authorized to lease, to the highest bidder, one acre of land be- rized 'to lease

longing to the town commons, opposite John Troutman's mill, for the term of seven an acre of the

years : Provided nevertheless, that the said lessee do not suffer any nuisance to remain opposite
3 .... Troutman's

on the premises, that the said commissioners might think would endanger the health of mill.

the citizens of Milledgeville or its vicinity. Proviso,

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

AN ACT* (No. 633.)

To amend and consolidate the several acts for the better regulation and govern-
ment of the town of Milledgeville.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That who may vote
all persons residing within the town of Milledgeville, entitled to vote for members of anYcommis1-

the legislature, shall be entitled to vote for commissioners and intendant of said town, sioners of Mil-
u ♦*•'*■■-• ledgeville.

* See act of 1819, No." 635, relative to bridges within the corporate limits of the town; also act of 1819,
No. 636, vesting in the commissioners a certain square, to be used as a place of public interment.

■"•'■ 6 G 2

964

TOWNS. (MILLEDGEVILLE. 1818.)

(No. 633.)

Said town di-
vided into four
wards.

Sect, 2. And be it further enacted, That the town of Milledgeville shall be divided
into four wards, to wit : the intersection of Washington and Jefferson streets, forming
the town into four divisions, shall constitute said wards, which shall be known and de-
signated as follows : the north-western division, ward No. 1 ; the north-eastern divi-
sion, ward No. 2 ; the south-eastern division, ward No. 3 ; and the south-western divi-
sion, ward No. 4.

One commis-
sioner for each
ward and the
said intendant,
when and how
to he elected.

Proviso.

Vacancies,
how filled.

General pow-
ers and autho-
rity of said in-
tendant and
commission-
ers.

May sue and
be sued, &c.

Ma}' make
bve-laws, &c.

Pheir power
of taxation.

May impose
fines, &c.

And appoint
necessary of-
ficers.
Proviso.

Sect. 3. And be it further enacted, That the inhabitants entitled to vote as aforesaid,
shall meet at the court-house in said town, on the first Saturday in January next, and on
the first Saturday in every January thereafter, and between the hours of ten o'clock in
the forenoon and three o'clock in the afternoon, proceed to elect by ballot one commis-
sioner for each ward, and an intendant of said town : Provided, that no person shall be
elected a commissioner for any ward, unless he actually resides within the ward for
which he ,shall be elected ; and if any commissioner shall remove from the ward for
which he is elected, or shall die or resign, it shall be the duty of the remaining commis-
sioners and intendant to appoint some other person, residing within the ward in which
a vacancy shall so happen, to fill such vacancy for the balance of the year ; and the com-
missioners of said town shall have perpetual succession, and shall be capable to pur-
chase, have, hold, receive, enjoy, possess and retain, to them and their successors, for
the use of the town of Milledgeville, in perpetuity, or for any term of years, any estate
or estates, real or personal, messuage, lands, tenements, hereditaments, of whatever na-
ture or kind soever, within the limits of the tract of land appropriated and laid off for
said town, and alien, exchange or lease the same, or any part thereof, as they shall or
may think proper ; and by the style of the corporation of Milledgeville, to sue and be
sued, to plead and be impleaded, answer and be answered unto, in any court of law or
equity in this state ; and they shall be empowered, from time to time, to make and esta-
blish such bye-laws, rules, and ordinances as they may deem expedient, respecting the
streets of the town, market, public houses, carriages, waggons, carts, drays, pumps, buckets,
fire-engines, intruders on the common, renting the cleared land and fisheries, not exceed-
ing five years ; the extravagant waste of timber on the common, the care of the poor,
the regulations of negroes and disorderly persons, and in general any other bye-laws
and regulations that shall appear to them requisite or necessary, for the security, wel-
fare and convenience of said town, or for preserving peace, order, and good govern-
ment within the same : and the intendant and commissioners shall also be vested with
full power and authority, to make such, assessments on the inhabitants of said town and
commons, as shall appear to them expedient ; and to affix and levy fines for all offences
committed against the bye-laws "of said town ; and are hereby authorized to appoint
such officers as they may deem necessary to carry the same into execution ; and to affix
the salaries and fees of such officers ; Provided, nothing herein contained, shall authorize

TOWNS. (MILLEDGEVILLE. 1818.;

965

the commissioners to make any bye-laws repugnant to the laws and constitution of this (No. 633.)
state, or of the United States.

Sect. 4. And be it further enacted, That it shall be the duty of the commissioners Present com-

of said town, now in office, to give at least three days notice, in the newspapers of Mil- ^lV(i three

ledgeville, of the election, to be holden the first Saturday in January next, as herein be- thene°t1Cl^-

fore expressed ; and similar notice shall be given by the commissioners, who may be tl0n-

then in office, of every subsequent election. of™ o-^sub-6

» sequent elec-

tion u> be
given.

Sect. 5. And be it further enacted, That three freeholders shall superintend said vvho shall su-
election, and shall certify from under their hands the persons so elected; and the said Pe""tend S2ird
commissioners and intendant so elected shall, before they enter on the duties of their
office, take and subscribe the following oath, viz. "I, A. B. do solemnly swear, or Oath of said
affirm, (as the case may be,) that I will, to the utmost of my power, perform the duties ers an^ ^. "
required of me as intendant, or commissioner of the town of Milledgeville ; so help me tendant.
God."

Sect. 6. And be it further enacted, That all laws or parts of laws which militate Repealing

clause,
against this act be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

* President of the Senate,

. ..•.» <* .-it.

Assented to, 19th December, 1818.

WILLIAM RABUN, Governor,

966

TOWNS. (MILLEDGEVILLE. 1818.)

(No. 634.)

AN ACT

To authorize the Commissioners of the town of Milledgeville to lease to Jane
Rucker, the Lot on the Town Common which she now occupies, for the term of
ten years after her present lease expires.

Commission-
ers of Mil-
ledgeville au-
thorized to
lease to Jane
Rucker the
lot which she
now occupies.

Proviso.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That the commissioners of the town of Milledgeville be authorized, and they are
hereby vested with power to lease unto Jane Rucker, the lot on the town common of
Milledgeville, which she now occupies, not exceeding ten years, commencing from the
date of the expiration of her present lease ; and that said Jane Rucker hold and enjoy
free, full, and undisturbed possession of said lot of land, with its appurtenances, for and
during the aforesaid term of ten years, free of rent or charge ; any law to the contrary
notwithstanding : Provided nevertheless, that nothing herein contained shall be so con-
strued as to permit the aforesaid Jane to lease, rent, or dispose of the above described
premises in any other manner, or for any other purpose, but the personal use and ac-
commodation of herself and her family, during her lifetime.

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor,

TOWNS. (MILLEDGEVILLE. 1819.) g6y

— , mm i

AN ACT (No. 635.)

To amend and consolidate the several acts for the better regulation and govern-
ment of the town of Milledgeville, passed the nineteenth day of .December,
1818. .

"WHEREAS, doubts have arisen whether the expense of erecting and keeping in re- Preamble
pair the several bridges over Fishing creek, within the corporate limits of Milledge-
ville, should be paid by the said corporation, or by the county of Baldwin : And whereas,
the said corporation is entitled to receive certain profits arising from the rent of town
commons, fisheries, &c. creating a fund separate and apart from the county fund, it is
but just and reasonable that the said corporation should keep the bridges in repair
within the limits of the same, without any expense attached to the county for the same :
therefore,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
That from and after the passing of this act, it shall be the duty of the intendant and The intendant
commissioners of the town of Milledgeville to have erected or repaired, (when the same doners of Mil-
may be necessary,) any bridge or bridges, over any creek within the corporate limits of compelled to

said town, on the most favourable terms for said corporation they may be able to con- f rect and

7 r J J keep in re-

tract ; and the expense of erecting and keeping in repair the said bridge or bridges pair all bridg--
,,,,.,,., . . . . , es across any

shall be paid by said corporation, any law, usage or custom to the contrary notwitn- creek within

,. the limits of

standing. the corpora.

tion.

Sect. 2. And be it further enacted, That all laws or parts of laws that militate against Repealing'
this act be, and the same are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 21st December, 1819.

JOHN CLARK, Governor,

968 TOWNS. (MTLLEDGEVILLE. 1819.)

■ __

(No. 636.) AN ACT

To convey to the Commissioners of Milled geville the square of said town, known

as a reserve for public uses.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the. same.

The square of That from and after the passage of this act, the square of Milledgeville, known as a re-

Milledgeville,

known as a serve for public uses, and now used as a public burying ground, shall be, and it is hereby

public uses, conveyed to the commissioners of the town of Milledgeville, their successors in office,

vesiec in the Qr ^^j. iegai representatives of the corporation of said town : the said square to be

ers of said held by them as a place of public interment, and so disposed of bv them as to be ren-

town, as a , ^ '• .

place of pub- dered convenient for this purpose; and the above named commissioners are hereby

vested with full power and authority to carry this law into effect, according to the spi-
rit and meaning thereof.

lie interment.

Said square Sect. 2. And be it further enacted by the authority aforesaid, That there shall be

not to be sold. ... ....

nothing in this act so construed, as to authorize the corporation or intendant of Mil-
ledgeville to sell any part or parts thereof; and that it shall he known as the public

Rents of any burial ground ; and the rents of any part thereof, which may not be employed as above

appropriated, stated, shall be applied to repairs of said burial ground.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 22d December, 1819.

JOHN CLARK, Governor.

--*— ^•--- ■■- -

TOWNS. (SUMPTERVILLE. 1812.) 959

SUMPTERVILLE.

AN ACT (No. 63r.)

For the relief of Purchasers of Lots in the town of Sumpterville, in Laurens

county.*

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of inferior

Georgia, in General Assembly met, and by the authority of the same, That the justices rens county

of the Inferior Court of the county of Laurens, or their successors in office, are hereby autnonzed t0

J 1 J pay over to

authorized to pay over to the purchasers of lots in the town of Sumpterville, all such the purchas-
ers of lots in

sums of money as may have been paid by them to the Inferior Court of said county, on Sumpterville,

account of such purchase ; and to deliver up to said purchasers all their notes Or bonds, pajj on ac_

that may have been given them on account of said lots, on the said purchasers cancel- ]co.unt /f

line: or relinquishing their titles to the same. deliver all

6 u a notes, &c.

• V given there-
for.

Sect. 2. And be it further enacted, That the justices of the Inferior Court, or a said Court au-

majority of them, are hereby authorized to dispose of the square of land belonging to thonzed *°

said county, at the place called Sumpterville, on such terms and in such manner as they said square of

... r r • land, at the

may think expedient, and, out of the first proceeds of said sale, to pay over to the pur- place called

chasers of 'lots as aforesaid the several sums of money so paid by them, and the balance p

applied to the benefit of the said county.

Sect. 3. And be it further enacted, That all laws and parts of laws that militate Repealing
against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Executive Department, Georgia,
Assented to, 10th December, 1812.

D. B. MITCHELL, Governor.

#* See the next act on the same subject.
6 H

970

TOWNS. (SUMPTERVILLE. 1813.)

(No. 638.)

Inferior Court
of Laurens
county autho-
rized to repay
to the pur-
chasers of lots
in Sumpter-
ville, all mo-
nies paid on
account of
said lots, with
interest, &.c.
and to re-de-
liver to said
purchasers
their notes,
&c.

Said court
may dispose
of said square
of land.

Repealing'
clause.

AN ACT

To relieve the purchasers of Lots in the Town of Sumpterville.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That the justices of the
Inferior Court of the county of Laurens, or their successors in office, are hereby author-
ized to pay over to the purchasers of lots in the town of Sumpterville, all such sums of
money as may have been paid by the said purchasers to the Inferior Court of said county,
on account of such purchases, with interest from the time said money was received until
paid to said purchasers, out of any of the county funds not otherwise appropriated, and to
deliver up to the said purchasers all their notes or bonds that may have been given them
on account of said lots, on the said purchasers giving up their titles to said lots.

Sect. 2. And be it further enacted, That the justices of the Inferior Court, or a majority
of them, are hereby authorized to dispose of the square of land belonging to said county.
at the place called Sumpterville, on such terms and in such manner as they, or a majority
of them, may think expedient, and that it shall be the duty of the said justices to pay over
to the clerk of the Inferior Court the proceeds of such sales, for county purposes.

Sect. 3. And be it further enacted, That all laws and parts of laws that militate against
this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

Assented to, 6th December, 1813.

PETER EARLY, Governor,

TOWNS. (LOUISVILLE. 18 IS.) 97 j

LOUISVILLE

AN ACT (No. 639.)

To sell and dispose of the State-house, Lot and Public Square, in the town of

Louisville.

Sect. 1.' BE it enacted by the Senate and House of Representatives, in General Assem-
bly met, and it is hereby enacted by the authority aforesaid, That his excellency the A sale of the

state-house
Governor be, and he is hereby authorized to empower one or more proper persons to sell and public

and dispose of the state-house in Louisville, together with the lots or public square be- ^jfie autho- "
longing to the state, to the highest bidder, taking bond and approved security from the rized-
purchaser, payable in three equal annual instalments, first giving public notice, in two or
more of the public gazettes of this state, at least sixty days previous to the sale thereof.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 2d December, 1813.

PETER EARLY, Governor.

AN ACT (No. 640.)

To quiet and confirm the Titles of the Lot-holders in the town of Louisville, and

for other purposes.

WHEREAS, the lot-holders in the town of Louisville have, by their memorial, set Preamble
forth, that during the revolutionary struggle many of the public records of this state,
of great importance, were lost or destroyed, and that the original record of the plat of
land granted to David Russel, whereon the town of Louisville is now situated, can-
not be found, and without which the said tract of land cannot be identified ; and moreover
that the plat and grant delivered to the original grantee, David Russel, and the interme-

6 H 2

,97-2

TOWNS. (LOUISVILLE. 1815.)

(No- 640.) diate conveyance from David Russel to Roger Lawson, during the revolutionary war,
were either lost or destroyed, and no record of any of them, except the record of the
original grant, can be found in any of the offices where it is most likely they would have
been recorded : And whereas, for the want of those necessary evidences of title, no lot-
holder in the town of Louisville, according to the strict rules of law, can maintain an
action for the recovery of his property against him who should unlawfully have gotten,
and keeps the possession of the same : for remedy whereof, and in order that the real
and bona fide owners of property, in the said town of Louisville, may be quieted and
secured in the just possession of their property ;

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
In actions for gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
oHo^in the from and immediately after the passing of this act, that in all actions for the recovery of

town of Lou- jots Q£ ianc[ m tne sa'1{j town of Louisville, the parties to the action shall not be required
lsville, titles r n

how deduci- t0 g0 further back, in deducing title, than to the title from Roger Lawson and wife to

Proviso. *he commissioners of said town : Provided, nothing herein contained shall operate or be

so construed as to affect the claim of any person or persons having a fair and regular

title, derived under a grant from the state of Georgia, for any of the before described

tract ol land .

Repealing
clause.

Sect. 2. And be it further enacted by the authority aforesaid, That all laws and parts
of laws militating against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,

Assented to, 8th December, 1815.

D. B. MITCHELL, Governor,

g^tf^HMA

^^a,

TOWNS. (LOUISVILLE. 1817.) 973

AN ACT* (No. 641.)

To be entitled An act to amend Jin act, passed the 31st January, 1798, for the
regulation of the town of Louisville, in the county of Jefferson.

Sect. 1, BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Commission-

crs for the
from and after the passing of this act Michael Shellman, Thomas Hancock, William N. town of Louis

Harmon, William Schley and Ambrose Wright be, andthey are hereby appointed com- ^ e aPPoint>
missioners of the town of Louisville, in the county of Jefferson.

Sect. 2. And be it further enacted, That the said commissioners, or a majority of Their powers.
them, be, and they are hereby vested with full power and authority to make such bye-
laws, rules and regulations, and to inflict or impose such fines and penalties, as to them
shall seem right, for the better regulation of the town aforesaid and the commons thereof:
Provided, such bye-laws and regulations be not repugnant to the laws and constitution Proviso,
of this state.

Sect. 3. And be it further enacted, That the said commissioners shall continue in Continuance

office until the second Monday in January, eighteen hundred and nineteen ; on which SSi[^ Commis-

day, and on the second Monday in every year thereafter, the free male white citizens sloners-

Election,
of said town, who are entitled to vote for members of the General Assembly, are hereby when and how

authorized to assemble at the court-house of said town, and by ballot elect other com-
missioners, who shall continue in office for one year; at which election one justice of the
Inferior Court or justice of the peace, and two freeholders of said county shall preside : •
Provided nevertheless, that said commissioners shall be re-eligible to said appointments. Proviso.

Sect. 4. And be it further enacted, That all acts militating against this act be, and Repealing

^u {- u 1 j .clause.

the same are hereby repealed.

# BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

* Amended by act of 1818, No. 642,

974 TOWNS. (LOUISVILLE. 1818.)

(No. 642.) AN ACT*

To amend an act, passed on the 3 1st January, 1 798, for the regulation of the Town
of Louisville, in the county of Jefferson, and an act amendatory thereof passed
on the I9lh December, 1817.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
uommission- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
ville to elect the commissioners of the town of Louisville shall annually, on the third Monday in
their board. January, elect by ballot one of their body to be the chairman of the board j which board
style of said shall be a body corporate, and known by the name and style of " The chairman and
commissioners of the town of Louisville."

Their powers. Sect. 2. And be it further enacted, That the chairman and commissioners aforesaid;
or a majority of them, shall have full power and authority to pass such bye-laws, ordi-
nances and regulations, as they may deem necessary for imposing and collecting an an-

Proviso. nual poll tax upon the citizens of said town : Provided, such poll tax shall not exceed

one dollar on each and every person liable by law to pay a poll tax ; and also the sum
of twelve and one half cents on every hundred dollars worth of property subject to
taxation by the laws of this state.

Said board Sect. 3. And be it further enacted, That the said chairman and commissioners, or

may pass bye- u

laws to com- a majority of them, shall have full power and authority to pass such law or ordinance as

pel the inha- . . .

bitants of said they may deem necessary, to require and compel the citizens of said town to make a

a^turn^n return on oath, to such officer as they may appoint to receive the amount of taxable

oath of their property bv each of them owned or held in said town ; which oath shall be laid down

taxable pro- l r J J

perty. and prescribed by the said chairman and commissioners ; and in case any citizens shall

Tax on de- refuse to make such return on oath, when called on for that purpose by the proper offi-

assessed. cer, then, and in that case, such defaulter shall be liable to pay such tax as may be

assessed by the chairman and commissioners aforesaid, from the best source of informa-

Fenalty for tion they can obtain, with an addition of fifty per cent, on the amount of such tax, for

defaults. , , r , r .

such default or refusal.

Said board Sect. 4. And be it further enacted, That the said chairman and commissioners shall

men anVpecT- nave power and authority to make laws and ordinances, for imposing a tax on all

lars.

* Amended by act of 1819, No. 643, which also repeals the first section of the present act.

TOWNS. (LOUISVILLE. 1818.) 975

pedlars and showmen, who shall sell or exhibit within the limits of said town : Provided, (No. 642.)
said tax shall not exceed five dollars on each day's sale or exhibition. Proviso.

Sect. 5. And be it further enacted. That the said chairman and commissioners shall Further pow-
have full power to pass such bye-laws and ordinances, as they may deem necessary and
proper, for suppressing vice and indecency, and shall have power to fine and impri-
son any person or persons, for a violation of any or all of the said laws and ordinances :
Provided, that no fine imposed by them shall exceed the sum of twenty dollars, and no Proviso,
term of imprisonment shall exceed ten days.

Sect. 6. And be it further enacted, That the chairman, or any one of the commis- Said chairman,
sioners, shall have power, on complaint made to him of the violation of any law or missioner, may
ordinance, to issue a warrant, under his hand and seal, to apprehend the offender, and i^certau^ca-^
bring him before the board ; which said board, or a majority of them, shall have power ses-
to try the offender, according to the rules of law and evidence of force in the several fe"^er*g
courts of law in this state ; and if found guilty, to impose such fine as by the said law
or ordinance is ordained and established.

Sect. 7. And be it further enacted, That all monies arising from the aforesaid taxes, Appropriation
and from fines and forfeitures, after defraying the necessary expenses incident to the fines an(j f0£.
levying and collecting the same, shall be, by the said chairman and commissioners, ap- eitures
plied for the improvement of said town, in such manner as the said chairman and com-
missioners may deem most advantageous.

Sect. 8. And be it further enacted, That the said chairman and commissioners shall Said body, ex

ii 11 i riii- m • iir officio, conser-

be, and they are hereby made conservators 01 the public peace, ex ojjicto, and beiore Vators of the
entering on the duties of their office, shall take and subscribe the following oath before pu 1C Peace
some judge or justice, viz : " I, A. B. do swear or affirm, (as the case may be,) that I Oath of said
will well and truly do and perform all the duties required of me by law, as a commis- commission-
sioner of the town of Louisville, and maintain the public peace and tranquillity of the ers'
same, to the best of my power, during my continuance in office ; so help me God."

Sect. 9. And be it further enacted, That the said corporation shall have a common Corporation to

. 11-1111- 1 •• r -i have a com-

seal, to be devised by the chairman and commissioners aforesaid. mon seai.

Sect. 10. And be it further enacted, That all laws or ordinances passed by the said Ordinances,

. . &c.how signed

hoard, shall be signed by the chairman, and tested by the clerk ; and in the absence of and tested.

the chairman, a chairman pro tempore may be appointed, who shall have all the powers Chairman pro
of the chairman for the time ; and in the event of the death or resignation of the chair-
man, the board shall, at their first meeting thereafter, appoint another to fill the vacancy,

976

TOWNS. (LOUISVILLE. 1818)

(No. 642.) Sect. 11. And be it further enacted, That when any vacancy shall happen in the
board, by death, resignation, or otherwise, the said board shall order an election to fill
such vacancy, giving at least ten days notice thereof.

Vacancies,
how filled.

Powers of the
board with re-
gai-d to pub-
lic roads with-
in the corpo-
rate limits.

Sect. 12. And be it further enacted, That all the public roads, passing through the
corporate limits of said town, shall be under the direction of the said board of commis-
sioners, who are hereby invested with full power to keep the same in good repair ; and
for that purpose to levy on each and every person within the said limits, now liable to
work on the roads, a sum not exceeding two dollars per annum, including slaves ; the
tax on whom shall be paid by their respective masters or employers.

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor.

(No. 643.)

AN ACT

To amend An act passed on the 19th December, 1818, amendatory of the several
acts incorporating and regulating the Town of Louisville.

Commission-
ers of Louis-
ville to elect
a chairman.

Their style.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor~
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
the commissioners of the town of Louisville shall, annually, on the third Monday in
January, or at their first meeting thereafter, elect by ballot one of their body to be
chairman of the said board, which board shall be a body corporate, and known by the
name and style of " The chairman and commissioners of the town of Louisville.

Provision in Sect. 2. And be it further enacted by the authority aforesaid, That in the event of

lure to elect ^e fa^ure °f tne citizens to elect commissioners on the day pointed out by law, that

commissioners then, and in that case, the last acting commissioners shall continue in office, and the

on the day 7 °

prescribed. exercise of their duties, until their successors are elected and qualified.

TOWNS. (BRUNSWICK. 1813.) 977

Sect. 3. And be it further enacted by the authority aforesaid, That the first section of (No. 643.)
the said before recited act be, and the same is hereby repealed. clause/"

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 23d November, 1819.

JOHN CLARK, Governor.

BRUNSWICK AND FREDERIC A.

AN ACT* (No. 644.)

To amend an act for the regulation and government of the Town and Commons

of Brunswick.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General As-
sembly met, and by authority of the same, That the commissioners of the town and Commission-

crs of Bruns-
commons of Brunswick be, and the same are hereby nominated and appointed commis- wick appoint-

sioners of the academy of the said county, and are fully authorized to sue and to be sued, gi0ners 0f the
and to do all things that may be necessary to recover such monies as may be due, for academy of
rent or otherwise, to the former commissioners of the aforesaid town and commons.

sioners nomi-

Sect. 2. And be it further enacted, That William Page, Henry Dubignon, Gee Du- Said commis-
pree, Leighton Willson, and William Huston, be, and the same are hereby declared to nated.
be commissioners for the town and commons and academy aforesaid.

See the amendatory act following this act.
6 I

978 TOWNS. (BRUNSWICK. 1814.)

(No. 644.) Sect. 3. Be it further enacted, That from and after the passing of this act, that not
more than one-fourth of the future rent of said commons shj
court-house and jail, any law to the contrary notwithstanding.

Appropriation m0re than one-fourth of the future rent of said commons shall be appropriated to the

of rent

BENJAMIN WHITAKEK,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senatr
Assented to, 3d December, 1813.

PETER EARLY, Governor.

(No. 645.) AN ACT

To alter and amend an act, jessed the 3d December, 18 13, for the regulation and
government of the Towns and Commons of Brunswick and Frederica, in the
county of Glynn.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor*

Commission- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That

wick and Fre- John Burnett, senior, Leighton Wilson, William Page, Henry Dubignon, Gee Dupree,

denca appom- William Huston, and James May, be, and they are hereby appointed commissioners for

the towns and commons of Brunswick and Frederica, in the county of Glynn.

Said commis- Sect. 2. And be it further enacted, That the above named commissioners of the town?

siohcts consti-

tuted commis- and commons of Brunswick and Frederica be, and the same are hereby nominated and
acacfeinv of ° aPPomted commissioners of the ^academy of said county of Glynn, and are fully author-
Glynn county. izecj as such to sue and to be sued, and to do and perform all acts and things that may
Their powers. , , , , r ^ • ^ >*1^

be necessary to recover such monies as may be due, tor rents or otherwise, to the iormer

May elect a commissioners of the aforesaid towns and commons ; and they are hereby authorized to
shall give' se- elect one of their board as a treasurer, who shall give such security for the faithful per-
formance of his duty, and to account for all monies which may come into his hands, as
the said commissioners, or a majority of them, may require.

* See title " academies," act of 1817, No. 18, prescribing; the time and the manner of electing commission-
srs of said academy.

TOWNS. (MONTICELLO. 1813.) g79

Sect. 3. And be it further enacted, That one-fourth of the future rents of said com- (No. 645.)

anons shall be appropriated to the building the court-house and jail of said county of Rents of the
11 # r commons ap-

Glynn, any law to the contrary notwithstanding. propriated,

Sect. 4. And be it further enacted, That all former laws appointing commissioners Repealing
r the purpose aforesaid, and all laws and parts c
of this act, be, and the same are hereby repealed.

for the purpose aforesaid, and all laws and parts of laws militating against the provisions

BENJAMIN WHITAKER,

Speaker of the House of Representatives*

WILLIAM RABUN,

President of the Senate,
Assented to, 18th November, 1814.

PETER EARLY, Governor.

MONTICELLO

AN ACT (Ne/ 646^

To alter and amend an act, passed the fifteenth day of December, one thousand
eight hundred and ten, entitled " An act to regulate the Town of Monticello, in
the county of Randolph."

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor- Commission-

gia, in General Assembly met, That from and after the passage of this act, the day for elect- of Monticello

ing commissioners for the town of Monticello shall be on the *last Saturday in December, annUally, on

in each year, under the same rules and regulations as are pointed out in the above re- ^e !as* Satur-

cited act. ber°

* The time of election was altered by act of 1816, No. 647; but the act of 1817, No, 648, again provides that
tt shall be annually, on the last Saturday in December.

6 12

■

980 TOWNS. (MONTICELLO. 1813.)

(No. 646.) Sect. 2. And be it enacted by the authority aforesaid*, That so much of said act as mili-

Repealing tates against this act be, and the same is herebv repealed.

clause.

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate.
Assented to, 2d December, 1813.

PETER EARLY, Governor.

(No. 647.) AN ACT*

For the better regulation of the Town of Monticello, in the county of Jasper.

Preamble. WHEREAS, the act now in force is found to be insufficient for the purpose of well

regulating the said town : for remedy whereof j

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
Commission- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
of Monticello the commissioners of the said town of Monticello shall have full power and authority to
authorized to pags suc]1 bye-laws and regulations, as they may deem necessary for imposing and col-
&c- lecting a tax upon the citizens of said town and corporation, as they may deem necessary

for the purpose of improving and keeping in good repair the public wells and springs,
Proviso, within the limits of said incorporation : Provided, that such tax shall not exceed the sum

of one dollar on each and every person liable by law to pay a poll tax, within the term of

one vear.

May appoint Sect. 2. And be it further enacted, That the said commissioners shall have power and

officers

authority to appoint such officers as they may deem necessary, for the purpose of enforc-
ing and collecting such taxes and fines as may be imposed by said commissioners, in the
most summary manner.

May tax shows, Sect. 3. And be it further enacted, That the said commissioners shall have full
and showmen, power and authority to impose a tax on all shows, exhibitions and showmen, performing

This act altered and amended by act of 1817> No. 648,

'-* -~A iii»' ifat

TOWNS. (MONTICELLO. 1816.) 931

in the said town for the purpose of gain, and also upon all gaming tables and games of (No. 647.)

hazard, of all descriptions, as may be established, opened or played in the said town, and Also, gaming

..,.,, tables, games

to proceed to the collection of the same, in such manner as may be prescribed m the bye- 0f hazard, &c

laws and regulations of said town : Provided, That the tax so to be imposed upon shows Proviso

and showmen, shall not exceed ten dollars for each day's exhibition or performance, and

that the tax so to be imposed on gaming tables and games of hazard, shall not exceed

twenty dollars for each day that the same may be established, opened or played in said

town. '

Sect. 4. And be \f further enacted, That in case any person or persons who are liable May issue ex-
* 1.1*1111 editions in

for the same, or shall refuse to pay any tax, to be imposed or assessed by any bye-law or certain cases,

regulation of said town, in pursuance of the authority of this act, then, and in that case,
the commissioners of said town, or a majority of them shall, and they are hereby author-
ized to issue their warrant, directed to any officer to be by them appointed, requiring a
levy and sale of the goods and chattels of the person or persons so refusing to make the
amount of tax so imposed or assessed, and all reasonable expenses and charges of sale :
Provided, that all sales to be made by virtue of such warrant shall be advertised at least proviso.
ten days previous to sale, at the court-house door in said town.

Sect. 5. And be it further enacted, That the said commissioners shall have full power May appoint

"nnt t*olcS

and authority to appoint, from among the persons residing within the limits of said cor-
poration, a patrole or patroles for said corporation, at such times and on such occasions
as they may deem proper : Provided, that one person at least of those composing such Proviso.
patrole or patroles shall be a slaveholder, and that no punishment, inflicted by such
patrole or patroles on any slave or slaves, shall exceed moderate correction : Provided Proviso.
also, that all and every person or persons who shall refuse to do patrol duty, when re-
quired as aforesaid, shall, without good excuse to be rendered to said commissioners,
be liable to be fined by said commissioners, in any sum not exceeding five dollars ; and
the said delinquent shall have five days notice, in writing, of the time and place for hear-
ing such excuse.

Sect. 6. And be it further enacted, That the said commissioners shall have power Their powers

and authority to pass all bye-laws and regulations, necessary to compel the citizens of ^ the^oads

said town, and other persons resident therein, and liable by the laws of this state to s(luare and .
x J streets within

work on the public roads, to labour on the public square, roads and streets within said the incorpora-
incorporation, and in such manner, and at such times,, as they may prescribe, for the
improvement and repair thereof; and in case of refusal or neglect in any citizen, or other
person so liable as aforesaid, the said commissioners, or a majority of them, may pro-
ceed to impose a fine upon such citizen or other person, and to collect such fine in the
manner prescribed in the preceding section of this act: Provided, no such fine, to be im- proviso.

982

TOWNS. (MONTICELLO. 1816.)

(No. 647.) posed by virtue of this section, shall exceed two dollars for each case of neglect or re-
fusal.

Monies of the Sect, 7. And be it further enacted, That all monies now in the hands of the com**

corporation , , . . j,

appropriated missioners of said town, and also all monies arising by virtue of this act, shall be ap«

the academy phed hy said commissioners to the use and support of the academy of said town, and to
m said town. ^e improving and keeping m repair the public wells and springs in said town.

Said co-minis- Sect. 8? And be it further enacted^ That the said commissioners shall have full,
punfshcon^ power and authority to punish all and every contempt or contempts eommit1j|d in their
tempts. presence^ while sitting as a board % Provided, that no fine, imposed for any single offence

aforesaid, shall exceed twenty dollars.

Time of their
election.

Repealing

Sect. 9. And be it further enacted^ That the time of holding the election for com-
missioners of said town, shall be on the second Monday in January in each year : and
all laws or parts of Jaws militating against this act be, and the same are hereby re*

BENJAMIN WHITAKER,

Speaker of the House of Representative's*

WILLIAM RABUN,

President of the Senate*

1.3th D^eemb^n % 816,

P, B, MITCHELL, Go^erno*,

*mjk

^ -- ■-*"

TOWNS, (MONTICELLO. 181/.

983

AN ACT

(No, 648,)

To alter and amend an act, entitled An act for the better regulation of the Toivn
of Monticello, in the county of Jasper.

Sect, 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That the commissioners of the town of Monticello shall have power and authority to Commission

r . . , . ers of Monti=

pass such bye-laws and regulations, as they may deem necessary tor imposing and col- ceii0 may im-

lecting a poll tax upon the citizens of said town : Provided, that such poll shall not {helnhabi.01*

exceed one dollar on each and every person liable by law to pay a poll tax ; and also tJjnts of said

the sum of twelve and one half cents on every hundred dollars value of property subject proviso,

to taxation by the tax laws of this state, for the term of one year.

Sect. 2. And be it further enacted, That the said commissioners shall have power to
pass such laws as they may deem necessary, to require and direct the citizens of said
town to make a return, upon oath, to such officer as may be by them appointed to re-
ceive the amount of taxable property by each of them owned or held in said town ; and
in case any citizen shall refuse to make such return, when called on for that purpose by
the proper officer, then and in that case, such defaulter shall be liable to pay such tax as
may be assessed by said commissioners, from the best source of information they can
obtain, with an addition of fifty per cent, on the amount of such tax, for such default or
refusal.

May pass bye=
laws to com-
pel said inha-
bitants to
make a return
on oath of
their taxable
property.

Tax of defaul-
ters, how as-
sessed.

Penalty fbr
default.

Sect. 3. And be it further enacted, That the said commissioners shall have full Said commis-
sioners may
power and authority to impose a tax on all shows, exhibitions, and showmen, perform- tax shows, ex.

ing in said town for the purpose of gain : Provided, that such tax so imposed shall not showmen.

exceed the sum of ten dollars on each day's exhibition or performance, Proviso.

Sect. 4. And be it further enacted, That the said commissioners shall have full power May appoint
and authority to appoint, from among the persons residing within said corporation, a
patrole or patroles for said corporation, at such times and on such occasions as they
may deem proper : Provided, that one person at least composing such patrole or pa- Proviso,
troles shall be a slaveholder ; and that no punishment, inflicted by such patrole or pa-
troles on any slave or slaves, shall exceed moderate correction: Provided also, that all Provise.
and every person or persons, who shall refuse to do patrol duty when required as afore-
said, shall, without good excuse to be rendered to said commissioners, be fined in any

ii*,

984, TOWNS. (MONTICELLO. 1817.)

(No. 648.) sum not exceeding five dollars; and the said delinquent shall have five days notice in
writing, of the time and place of hearing said excuse.

Penalties not Sect. 5. And be it further enacted, That no penalty, by the bye-laws and regulations
life^lhnb, or °^ sa^ town, shall extend to life, limb, or corporal punishment of any white person,

corporal pun- an(j tjiat no sjave snall receive more than thirty lashes for the single violation of anv
lshmentolany J ° -'

white person, bye-law or regulation of said town.
Punishment of
slaves.

Saidcommis- Sect. 6. And be it further enacted. That when any tax has been assessed, or fine

issue a ca. sa. imposed, in conformity with this act, and the person or persons against whom the same

against an^^ jg assesse(j or imposed refuses or neglects to pay the same, and when property cannot

ing- to pay any be found by the proper officer, to make the amount of said tax or fine, then and in that

tax assessed,

orfineimpos- case, the said commissioners shall have power to order a capias ad satisfaciendum to

issue against such person or persons, and imprison them in the common j ail of said

county, until the same is paid, or until the person or persons so confined shall make

oath, before some one of the said commissioners, that they are unable to satisfy or pav

the same.

May appoint Sect. 7. And be it further enacted, That the said commissioners shall have power

necessary offi-

cers. and authority to appoint such officers as they may deem necessary, to enforce and exe-

cute such bye-laws and regulations as they may from time to time ordain and establish ;
and to collect all taxes or fines that may be in any case assessed or imposed, in such way
and manner as the said commissioners may direct.

Monies arising Sect. 8. And be it further enacted, That the said commissioners are hereby autho-

from tuxes unci

fines, how to rized to appropriate all monies, arising from taxation and fines imposed, assessed and
^e appropna - couectec^ by virtue of any bye-laws or regulations adopted in pursuance of the autho-
rity given in this act, after defraying necessary expenses, to the improvement of the
public springs, wells, square and streets of said town, and to the preservation of the
houses in said town from fire, in such manner as they may deem most conducive to the
interest and safety of the citizens of said town.

A majority Sect. 9. And be it further enacted, That the powers vested by this act in the com-

tute a board, missioners of said town shall extend to their successors in office ; and a majority of
them shall at any time be as fully authorized to act as. a board, as if the whole of the
Vacancies, members were present; and where any vacancy shall take place in the board, by reason
of the removal, resignation or death of any of the commissioners, that it shall and may
be lawful for the majority of the board to advertise, at the court-house door, an election
to fill such vacancy, giving at least ten days notice, in said advertisement, when sucji
election shall be held.

• ••

ft
* *

■i>i *m - 1 tf- ■A'-~ •»-" i^hnA i ■'-'- --— **— ■ A ^.

jyyfr

TOWNS. (MONTICELLO. 1817.)

985

Sect. 10. And be it further enacted, That the commissioners of said town shall, be- (No. 648.)

fore they enter upon the duties of their office, take and subscribe an oath, well and Con*nnssion-

J crs to tciicc tin

truly to perform the duties of commissioners for said town, and shall have power to ad- oath-
minister such oaths as may be necessary to a proper execution of their duties as corn-

ier oaths,

missioners aforesaid.

Sect. 11. And be it further enacted, That the time for holding an election for com- Time of elec-

missioners of said town, shall be on the last Saturday in December annually ; and all „T, '

J J Who may

the citizens of said town, that are entitled to vote for members of the state legislature, vote,

shall be allowed to vote at said election ; and in case any circumstance should at any Provision in

time occur, whereby the said commissioners should not be elected on the day pointed tion should noi

out by this act, then, and in that case, it shall and may be lawful for the commissioners ~.e llel(

of the preceding year to advertise, at the court-house door, when said election shall be ed.
held, giving thereby at least ten days notice ; and the commissioners so elected shall
be deemed and considered as lawfully such, as if they had been elected on the day point-
ed out by this act.

prescrib-

Sect. 12. And be it further enacted, That no person but such as are freeholders shall Qualification
be eligible to hold or receive the appointment of a commissioner of said town: and all °^0inmissi0n-

laws or parts of laws militating against this act be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Repealing
clause.

Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

6 K

•%

986

TOWNS. (WASHINGTON. 1813.)

WASHINGTON.

(No. 649.1

AN ACT

To authorize the Commissioners of the Jlcademy and Town of Washington, in
Wilkes county, to open and keep open the Streets of the said Town, and to ex-
tend the Corporation of the same.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Commission- Georgia, in General Assembly met, and by the authority of the same, That from and
of Washing- after the passing of this act, the commissioners of the academy and town of Washing-
ton authonz- ton^ or a majority of them, shall have full power to open, and keep open the streets of

and keep open said town, agreeable to the original plan for laying off the aforesaid town ; and the said
the streets in . . . ' i .

said town, and commissioners, or a majority of them, are hereby authorized and vested with full and
to remove ob-
structions
therein.
Proviso.

complete power to remove, or cause to be removed, all obstructions or encroachments
which now are, or shall hereafter be put in the streets of the said town: Provided, nothing
herein contained shall authorize the said commissioners to remove, or cause to be re-
moved, any dwelling-house, store-house, shop or gin-house, chimneys, piazzas, sheds,
or porches, as the case may be, which is now erected.

May employ a Sect. 2. And be it further enacted by the authority aforesaid, That if the original plan
kv^ffthe0 °^ l^e sa^ town °f Washington shall have been lost, or so mislaid that the commis-

streets.'incase sioners of the said town cannot procure the same, then, and in that case, they, or a ma-
the original \ r J1

plan of the jority of them, are authorized to employ a surveyor or surveyors, who may proceed to
be procured, run and lay off the streets of the said town as nearly as possible, in conformity with the
Proviso. original plan of the said town, from the best information in their power : Provided, such

surveyor or surveyors, in running and laying off said streets, shall in no instance inter-
fere with any dwelling-house, store-house, shop or gin-house, chimneys, piazzas, sheds,
or porches, as the case may be, already erected.

W ',

■

TOWNS. (WASHINGTON. 1813, 1315.) , . 937

Sect. 3. And be it further enacted, That the town corporation of the town of Wash- (No. 649.)

ington, in the county of Wilkes, is hereby extended around said town one half mile dis- Jurisdiction of

the corpora-
tance ; any law, usage or custom to the contrary notwithstanding. tion. I ^

mm,

BENJAMIN WHITAKER, B

Speaker of the House of Representatives.

WILLIAM RABUN, \t, *

President of the Senate.
Assented to, 6th December, 1813.

PETER EARLY, Governor.

AN ACT (No. 650.)

To establish and make permanent East-street, in the Town of Washington, in the

county of Wilkes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That East-street, im
from and after the passage of this act, that the street in the town of Washington, in the Washington,

county of Wilkes, called and known by the name of East-street, be, and the same is made Perma"

J ' ' nent.

hereby established and made permanent in its present position, in lieu of the original
street of the same name, in the said town of Washington, and county of Wilkes ; any *
law, ordinance, usage or custom to the contrary notwithstanding.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 14th December, 1815. "j^

D. B. MITCHELL, Governor.

6K2

988

TOWNS. (WASHINGTON. 1816.)

(No. 651.)

AN ACT

commission-
ers of Wash-
ington to be
elected bien-
nially.

Proviso.

Who shall pre-
side at the
elections.

To amend Jin act to appoint Commissioners for the better regulation and govern-
ment of the Town of Washington, and for incorporating the same, passed the
1th day of December, 1805, and for other purposes therein mentioned.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
the election for commissioners for the said town of Washington shall be holden on the
second Monday in January next, and on the second Monday in January in every second
year thereafter ; and where such election may not take place, then, and in that case, it
shall and may be lawful for the inhabitants of said town, who may be entitled to vote
for representatives to the General Assembly, to assemble at the court-house in said
town, and by ballot elect commissioners for the said town of Washington : Provided,
always, that ten days previous notice, in writing, shall be given at the court-house door,
of the time when such election is to take place, by the commissioners of the preceding
year, or a majority of them, or by any justice of the Inferior Court or justice of the
peace, of the county of Wilkes ; at which election or elections, any justice of the Infe-
rior Court or justice of the peace, together with two freeholders of the said town, not
candidates, shall preside.

Continuance
in office.

Commission-
ers may pass
">ye-laws, 8tc.

Proviso.

Sect. 2. And be it further enacted, That in all cases the commissioners of the pre-
ceding year shall continue in office, until their successor or successors are elected and
qualified ; and the said commissioners, so to be elected as aforesaid, or a majority of them,
shall have power and authority to make, ordain and establish, and carry into effect, any
bye-law or bye-laws, ordinance or ordinances, which they, or a majority of them, may
deem most expedient for the better regulation and government of said town : Provided,
such bye-law or laws, ordinance or ordinances, be not repugnant to the constitution of
this state, or of the United States, or any law or laws now in force in this state.

Vacancies,
how filled.

Conimis

:ts to appoint

Sect. 3. And be it further enacted, That whenever any vacancy or vacancies may
happen, by death, resignation or otherwise of such commissioner or commissioners, such
vacancy or vacancies shall be supplied by election, in conformity with the first section of
this act. ! ^

Sect. 4. And be it further enacted, That it shall be the duty of such commissioners.

masters!

two vendue- or a majority of them, so to be elected as aforesaid, annually after the year eighteen
hundred and seventeen, between the said second Monday in January and the first day of
March| to appoint two vendue-masters for the said town of Washington ; each of whom

♦

« •*-•%

TOWNS. (WASHINGTON. 1816.)

shall, before he or they enter on the duties assigned them, give bond and sufficient secu- (No. 651.)
rity to his excellency the Governor for the time being, and his successors in office, in ^h°sl)aUglve
the sum of one thousand dollars, for the faithful discharge of his or their duties respec- curity.
tively, according to law noAv in force ; and the said vendue-masters shall be entitled to Their fees,
receive like fees as are received by the vendue-masters in the city of Augusta, and shall
be alike governed, according to the laws, regulations and restrictions : Provided never- Proviso,
theless, their powers shall not be so construed as to extend without the limits of the
corporation of said town.

Sect. 5. And be it further enacted, That no person or persons, inhabitants of said town,
other than freeholders, shall be eligible to the office of commissioner of said town; and it
shall not be lawful for any such commissioner so to be elected as aforesaid, to enter upon
the duties assigned him or them by virtue of this act, until they and each of them have
first taken and subscribed an oath, before some one of the justices of the Inferior Court,
or justices of the peace, for the county of Wilkes, to support the constitution of the
United States and the constitution of this state, and such other oath as shall be pre-
scribed by them, or a majority of them, not inconsistent with the constitution and laws
of the land.

Qualification
of commission
ers.

An oath to be
taken by them.

Sect. 6. And be it further enacted. That the said commissioners, or a majority of May compel
them, shall have the control of the inhabitants of the said town, liable by the laws of this ants-1?* work
state to work on roads, for the purpose of opening and keeping open the streets of said °™ the streets,
town, and working on the same, and on the roads leading to and from the said town, for
the distance of one mile.

BENJAMIN WHITAKER,

Speaker of the House of Representatives

WILLIAM RABUN,

President of the Senate

Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

990 TOWNS. (AUGUSTA. 1814.)

AUGUSTA.

(No. 652.) AN ACT

To prevent encroachments on the Streets and Highways in the city qfJlugusta,

and to remove such as now exist.

The surveyor Sect. 1 . Be it enacted by the General Assembly of the state of Georgia, That the surveyor
quired to lay general of this state be, and he is hereby authorized and required, within three months
su hoi bli "^ from tne date hereof, (at the proper cost and expense of the corporation of Augusta,) to

streets, in the repair to said citv of Augusta, and then and there readmeasure, lav off and define the ,

city of Augus- ^ ° . ....

ta, as the city whole, or so many of the public streets and other highways in said city, as the city coun-

direct/ '" cil thereof may deem sufficient for them hereafter to determine the proper metes and

bounds.

And to deter- Sect. 2. And be it further enacted, That the said surveyor general shall, from the best

and intersec- information he can obtain, determine on and declare the ends and intersections of so

tions of as
many streets

many of said streets as the said city council may conceive necessary, and shall set up and

as said council affix at such intersections and terminations of streets, such stones or woodposts as shall
may require. .

plainly and distinctly show the same.

Said streets, Sect. 3. And be it further enacted, That when the said streets and highways shall be

conchisive^n' defined in manner aforesaid, the same shall be binding and conclusive on the inhabitants
the inhabit- 0f Augusta for ever, so far only as respects the lines and boundaries of said streets. And
Encroach- a^ an<^ every person or persons whomsoever, that have encroached or may hereafter

merits upon encroach (before the streets are defined as aforesaid) upon any of the streets or high-
said streets, j l j o

&c to be re- ways in said city, by buildings, enclosures or otherwise, shall cause such obstruction or
3 months no- encroachment to be removed, upon three months notice thereof being given him, her or
e-iven Cmg them, their agent or attorney, by the city council of Augusta; and, on failure or refusal,
Forfeiture of the party so offending shall forfeit the sum of one hundred dollars for each and every day
permitting such obstruction or encroachment shall remain, after the expiration of the said three
rnentei&c°to 1_ months \ the amount so forfeited to be applied to the use of the city council of Augusta,
-■emain. ancj to be recovered by action of debt, or by bill of indictment, in the Superior Court of

Richmond county, to be instituted by the said city council, should they think proper to

sue for the same.

W i

TOWNS. (AUGUSTA. 1814.) 99

Sect. 4.^ And be it further enacted, That the said city council shall have full power (No. 652.)
and authority to remove, or cause to be removed, any such obstructions or encroach- Powers of the
ments, or any other obstruction and encroachment upon the streets or highways, within wUhTegard
the limits of said city, at the expense of such person or persons as shall cause the same, oLu'uctlonf,
and shall issue execution against such persons, their goods and chattels, lands and tene- &c>
ments, for the amount of such expenditures and costs, which may be levied by the mar-
shal of said city, or the sheriff of Richmond county.

Sect. 5. And be it further enacted, That after the said streets are laid off and defined How persons,

in manner aforesaid, it shall be the duty of all and every person to abide by, and conform "wh,° ai\e abou'1
+^ur ii« , to build on

to, such lines as may be designated as aforesaid j and any person about to erect buildings said streets,

on any of the said streets, and who shall entertain doubts as to the boundary of his or tWouS^"
her lot on such street, shall apply to the surveyor of the said city, or such other person t^yt^ °f
as the said city council may appoint for that purpose, whose duty it shall be to designate
the same.

Sect. 6. And be it further enacted, That the said city council of Augusta shall have Said city coun-
full power and authority to make such bye-laws, rules and regulations as they may deem ^ mike°b^?
necessary, fully and effectually to prevent encroachments on the said streets and high- laws' &c- to
ways hereafter, and to remove such as now exist, and such as may hereafter exist, as in ?e m oTe e ^
their opinion, may be least burdensome to the citizens, and best calculated to promote onTeTalf
the good order and welfare of said city and its inhabitants. streets, &c.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

JARED IRWIN,

President of the Senate, pro tern,
Assented to, 23d November, 1814.

PETER EARLY, Governor,

992

TOWNS. (AUGUSTA. 1817.)

(No. 653.)

AN ACT

For the relief of certain Lot-holders in the city of Augusta.

Preamble.

WHEREAS, Greene-street, in the city of Augusta, is closed at the upper end, so as to
have no direct communication with the main road leading through Harrisburg, from the
Sand Hills, to the great detriment of the lot-holders on said street, and general inconve-
nience and injury of the inhabitants of said city : for remedy whereof ;

Sect. l.'BE it enacted by the Senate and House of Representatives, of the state of Geor-

Greene-street, gia, in General Assembly met, That the intendant and city council of Augusta are here-

Augusta, to be by authorized and empowered, when, in their opinion, the public convenience of the

trended" clty may reclu^re **> to cause Greene-street, in the said city, to be opened and extended

in a straight line, (agreeably to the plan of said city,) until it intersects the main road

leading from the Sand Hills, through Harrisburg, to the said city of Augusta.

Remedy and
mode of pro-
ceeding, when
persons con-
ceive them-
selves to be
injured by the
opening of
said street.

Oath of the
jury who are
to assess the
damages, &c.

Appeals al-
lowed.

Sect. 2. And be it further enacted by the authority aforesaid, That if any person or
persons consider him, her or themselves, injured or aggrieved by the opening of said
street, he, she or they may petition the Superior Court of Richmond county, stating the
amount of damages or injury sustained or demanded, and praying that an inquest may
be taken, and such damage awarded as may be reasonable and just; a copy of which
petition shall be served on the clerk of the city council of the said city, at least twenty
days before the sitting of the court to which the same is returnable ; at which said court
a jury shall be thus sworn : " You shall well and truly try, value and assess the damage
suffered, and the benefit received by the petitioner, by reason of opening and extending
Greene-street, in the city of Augusta, and a true verdict give of the amount wherein
the damage suffered exceeds the benefit received, or the reverse ; So help you God."
And the amount of damage over and above the benefit, (if any,) so by such jury assess-
ed, shall immediately thereafter be paid by the said city council to the petitioner, unless
either party shall be discontented with the verdict ; in which case either the petitioner or
the city council may enter an appeal, at any time within four days after the adjourn-
ment of said court; which appeal shall be tried at the next term of the said court, by a

V->

TOWNS. (AUGUSTA. 1817.)

99,

special jury, struck in the usual manner, and sworn as herein before prescribed ; whose (No 653 ^
verdict shall be final, unless the court, for matter of law, should think fit to award a new !

trial.

Assented to, 19th December, 18ir.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

AN ACT*

To^stablish a Mayor's Court in the city of Augusta, and to add an additional

member to the City Council thereof.

(No. 654.)

Sect 1. BE it enacted by the Senate and House of Representatives of the state of Geo,-

ffi ITZ £??, meMd h is hereby enacted by the authorit* «the *™> ™*

Iv Kt 7 Jai>Uary neXt' th£ Chief ""P"™* of the city of Augusta 2* *fj

shall be known and addressed by the appeHation of Mayor, and not Intendant of t ^

city of Augusta.

JT'2' *W P^T " ^^ ^ a MayOT'S C0U» shal1 be established, and
the same is hereby created and established, in the city of Augusta to «, into „ f c°"-
after the first day of January next invests! , c Augusta, to go into operation wished i„ said

. .... . , . y January next> invested as a court of record, with the same powers cit*

clothed with the same authority and jurisdiction mj „„, ,.' , ' Its powers,&c.

latin*, ™h ,„,-.• jurisdiction, and governed by the same rules, regu- the same as

latum, and restrictions, as appertain to and limit the Mayor's Court of the city of S, S°se ?f the
vannah. And the aforesaid mayor of the city of Augusta sba,l ^LT^JZ WST

~?;ffcf? C°Un' and ShaU ^-^^to the same fees and emZ ^J°
Tf he city of SS ^r I! ^ dUty " tWS "*"*> aS "" aIlowed *° ** Mayor SI^T

lided T rT- W • COUeCted fl"°m aU SUitS COmme-ed - said court: Pro- *Z
oded always, that the jurisdiction of the aforesaid Mayor's Court shall not embrace
he consideration of cases which shall involve a sum less than thirty dollars nor extern
to such as exceed the value of two hundred dollars.

* Amended by act of 1813, No. 655.
6h

TOWNS. (AUGUSTA. 1817)

(No. 654.) Sect. 3. And be it further enacted, That district, No. 3, shall be entitled to one addi-

An additional tional member in the city council of Augusta, to be elected in conformity to the provi-

member add- # .

ed to the city sions of the law regulating such elections, and to take place at the next annual election

for members of the said city council of Augusta.

Repealing Sect. 4. And be it further enacted, That all laws militating in any way with the pro-

visions of this act be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the Home of Representatives

MATTHEW TALBOT,

President of the Senate.,
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

(No. 655.) AN ACT

To amend an act, entitled u An act to establish a Mayor's Court in the city of
Augusta, and to add an additional Member to the City Council thereof," passed
the 19th day of December, 1817.

Sect 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
Mayor's Court gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
Augusta, to be from and after the passing of this act, the Mayor's Court for the city of Augusta shall
neld monthly. ^e holden in said city, on the fourth Monday in each and every month ; and the said
may be tried court shall have cognizance of all causes of a civil nature, not involving title to real

estate, within the limits of the corporation of said city, where the demand shall exceed
How tried. twenty dollars, and shall not be above two hundred dollars ; which shall be tried by a

jury of twelve men, to whom shall be administered the oath prescribed by the judiciary

act of 1799, for jurors in other courts, which trial shall be final ; but the judge of said
New trial. court may nevertheless grant a new trial, when, in his opinion, the principles of law and
The mayor justice, and the rights of the case may require it. And the mayor is hereby authorized
drawand em- ant^ empowered, in term time or vacation, to draw and empannel jurors for the trial of
pannel jurors. sucn causes, who shall be resident within the jurisdiction of said court, and who shall

be qualified, and liable to serve as petit jurors in the Superior and Inferior Courts of this

City sheriff to state j and to cause the said jurors to be summoned by the city sheriff, at least five days
sUmn\onthem,

1»

TOWNS. (AUGUSTA. 1818.J 99,

before the sitting of the court, and to fine them for non-attendance or misconduct, not (No. 655.)
exceeding ten dollars for any one offence.

Sect. 2. And be it further enacted by the authority aforesaid, That in the absence of In the absence
J u of the mayor,

the mayor, or when, from indisposition or any other cause, he shall be unable to hold anyone of the

said court, any one of the members of the city council shall be competent to hold the competent to

court called the Mayor's Court; or the city council shall be, and they are hereby autho- Jj°^aid

rized and empowered to elect a mayor pro tempore, who shall have power to hold said 0l. said connr

court, and be vested with all the powers, for the time being, that the mayor would have, a ^^/pyf

were he personally present ;,but if the said court, from any cause whatever, shall fail tern.

to meet, the proceedings in said court shall not thereby be discontinued, but shall stand court faiis t0

continued over in the same manner as if such failure had not taken place. And the ™g^n^g°t0

iurv summoned to attend such court, shall' stand over and be considered as the jury for stand over to
J J ' the next court.

the next term, and be liable to attend at such succeeding term, any law, usage or custom

to the contrarv notwithstanding. And all witnesses and jurors going to, attending on, Witnesses and
J ° . . jurors, when

and returning from said court, shall be free from arrest on any civil process. free from ar-

rest on civil
process.

Seft. 3. And be it further enacted by the authority aforesaid, That all suits or causes, Suits in the

ri- r a Mayor's Court

cognizable by, and which may be commenced in the Mayor s Court ot the city ot Au- to De by petl

gusta, shall be by petition to the said court ; which petition shall plainly, fully and dis-

tinctly set forth the plaintiff's charge, allegation, demand or cause of action, and shall

be signed by the plaintiff, or his, her or their attorney ; to which petition the clerk of A process to

,.-,,, . . , i ti i De annexed to

the Mayor s Court shall annex a process signed by him ; which process shall bear teste -ltm

in the name of the mayor, as judge of said court, and shall be directed to the sheriff of

the city of Augusta, requiring the defendant or defendants to appear at the court to

which the same shall be made returnable, and shall be served on the defendant or de- Service on the

fendants, at least five days before the return thereof, by delivering a copy to such de- defendants,

fendant or defendants, or by leaving such copy at his, her or their most notorious place

or places of residence. And all process issued and returned, in any other manner than

as herein directed, shall be null and void. And the defendant or defendants shall ap- Defendant to

pear at the court to which the petition and process shall be returnable ; and on or before }ence or anr ■

the last dav of the said court, shall make his, her or their defence or answer, in writing, ^weJ at tlle

which shall plainly, fully and distinctly set forth the cause of the defence, and be sign- its requisites,

ed by the party making the same, or his, her or their attorney ; which said answer may

contain as many several matters, not inconsistent with each other, as may be deemed

necessary for the defence : Provided, that no person shall be permitted to deny any Proviso.

deed, bond, bill, single or penal, note, draft, receipt or order, unless he, she or they notes, &c. to''

shall make affidavit of the truth of such answer, at the time of filing the same ; and q^6"1 oa

the said petition and answer shall be sufficient to carry the cause to the jury. And no

6 L 2

996

TOWNS. (AUGUSTA. 1818.

(No. 655.) dilatory answer shall be received, unless affidavit be made of the truth thereof. And if

Dilatory an- any defendant shall fail to appear and answer as aforesaid, the court may, on motion,

swer to be

sworn to. give judgment by default, but the cause shall nevertheless be tried by a jury at the suc-

Default. ceeding term ; and no cause, cognizable in said court, shall be tried at the first term.

\ctions

against joint,
several, or
joint and se-
veral obligors,
&c. how-
brought.

Service in
such cases.

Sect. 4. And be it further enacted by the authority aforesaid, That in all cases where
a suit shall be instituted in the said court, on a bond, note or other written obligation,
subscribed by several persons, and which in its nature is joint, several, or joint and se-
veral, or upon any joint, or joint and several contract whatever, whether verbal or writ-
ten, express or implied, and whether made by copartners in trade, or any other persons
whatever: it shall be lawful to commence suit against any one or more of the persons
who have signed such instrument of •writing, or who are parties to, or bound by such
contract, and who shall reside within the jurisdiction of said court ; and a service upon
any one or more of the persons against whom the action is commenced, shall be deemed
a sufficient service to enable the party plaintiff to proceed with his said suit or action,
against the person or persons so served, and the court may give judgment accord-
ingly.

h\ bail cases,
oath to be
made of the
amount claim-
ed, and that
the loss of
the same, or
some part
thereof, is ap-
prehended,
unless bail be
taken.
Subsequent
proceedings
to conform to
the judiciary
act in force in
this state.
Clerk to issue
subpoenas.

Subpoenas,
when and by
whom to be
served.

Duty of wit-
nesses.

Liable to at-
tachment, and
an action for
non-attend-
ance.

Sect. 5. And be it further enacted by the authority aforesaid, That in all cases where
bail shall be required, the party requiring bail shall make oath, before the mayor, or
any member of the city council, or before any one of the judges of the Superior Courts,
the justices of the Inferior Courts, or justices of the peace within this state, of the
amount claimed by him, and that he has reason to apprehend the loss of said sum, or
some part thereof, unless the defendant or defendants is or are not held to bail : and
the subsequent proceedings shall conform to those prescribed in cases of bail in the Su-
perior and Inferior Courts, by the judiciary act of force in this state, due regard being-
had to the nature of the different tribunals.

Sect. 6. And be it further enacted by the authority aforesaid, That the clerk of the
Mayor's Court shall be, and he is hereby authorized and required to issue subpoenas,
to compel the attendance of witnesses, upon the application of any party in a cause pend-
ing in said court ; which subpeena shall be directed to the person whose attendance shall
be required, when such person shall reside within the limits of the corporation of Au-
gusta; which subpoena shall express the cause, and the party at whose suit it shall be
issued, and shall be served by the city sheriff, or any other person, on said witness, at
least one day before the court to which it shall be returnable ; and the affidavit of the
person serving the same shall be sufficient evidence of such service : and witnesses
thus subpoenaed shall be bound to attend until the cause in which he, she or they shall
be summoned shall be tried ; and on failure to attend, shall be subject to attachment,
and also to an action, at the suit of the party aggrieved by his, her or their non-attend-

TOWNS. (AUGUSTA. 1813.) 997

ance ; and each and every witness shall be allowed fifty cents per day, for each and (No. 655.)

every day he, she or they attend by virtue of such subpoena, to be recovered in the anath^mode

manner pointed out by the laws now in force for the recovery of the amount due wit- of Recovering
nesses, for their attendance on the Superior and Inferior Courts of this state.

Sect. 7. And be it further enacted by the authority aforesaid, That where any wit- Interrogato-
J u , . nes may issue

ness resides beyond the limits of the corporation of Augusta, it shall and may be law- when witness-

.. . , . i • es live out of

ful for either party, on giving at least three days notice to the opposite party, or nis, the limits of

her or their attorney, accompanied with a copy of the interrogatories intended to be *|^c0fr£°ra'

exhibited, to obtain a commission from the clerk of the court, directed to two or more gusta.

persons as commissioners, to examine all and every such witness or witnesses on such

interrogatories as the parties may exhibit ; and such examination shall be read at the

trial, on motion of either party.

Sect. 8. And be it further enacted by the authority aforesaid, That all executions Executions,

shall be issued and signed by the clerk of the Mayor's Court, at any time after the sign- signed, test^U*

ing of judgment by the party or his attorney ; and shall bear teste in the name of the ^re^e^ 10m

mayor, as judge of said court, and shall be directed to the sheriff of the city, and may

be levied upon the estate, both real and personal, of the defendant or defendants, or

issue against the body of the defendant or defendants, at the option of the plaintiff;

which execution shall be of full force until satisfied. And in all cases of illegality of Illegality of
i • r i«i i • r r executions,

execution, or claims of property levied upon by virtue ol any execution issuing trom an(j claims of

the Mayor's Court, the like proceedings shall be had thereon, as are prescribed in cases ProPel -v-
of executions issuing from the Superior and Inferior Courts of this state, by the judi-
ciary act of 1799. And all sales of property, levied upon by Virtue of any execution Sheriff sales,
issuing from the Mayor's Court, shall be on the third Tuesday in each month, at the
market-house in the city of Augusta, and between the hours of ten o'clock in the

forenoon, and three o'clock in the afternoon of the day: and it shall be the duty of Duties of the

sheriff with
the sheriff to give at least ten days notice, in one of the public gazettes of the city of regard to

Augusta, of all sales of property executed by him, and also to advertise the same at eCUted.

the court-house and market-house • in said city, and which advertisement shall make

known the names of the parties to the execution. m

Sect. 9. And be it further enacted by the authority aforesaid, That from and after The mayor,
the passing of this act, it shall and may be lawful for the mayor, or any member of the berof the city
city council of the city of Augusta, to issue attachments returnable to the Mayor's fu "^ed^to" is-

Court, in cases (within the jurisdiction of said court) where both debtor and creditor sue attach-
ments in cer-
shall reside without the limits of the state of Georgia, or where the debtor alone re- tain cases.

-,ides without those limits, or where a debtor shall be actually removing from the city

of Augusta, or so absconds or conceals himself, that the ordinary process of law cannot

♦

998

TOWNS. (AUGUSTA. 1818.)

(No. 655.)

To whom di-
rected.

How levied.

Proviso.

To be adver-
tised five days
before court.

Proceedings
in said court
to conform to
the attach-
ment laws of
the state.

be served upon him, in the same manner, and upon the same terms as are prescribed
for the issuing attachments returnable to the Superior and Inferior Courts of this state -
which attachment shall be directed to the sheriff of the city of Augusta, and shall be
levied upon the property of the defendant, within the corporate limits of the said cityt
in like manner as is prescribed for the levy of attachments returnable to the Superior
and Inferior Courts of this state : Provided, that every attachment shall bear teste in
the name of the mayor, or member of council issuing the same, and shall be by the city
sheriff publicly advertised, at the door of the house in which the Mayor's Courts are
holden, at least five days before the sitting of the court; and the proceedings under at-
tachments in the Mayor's Courts shall be the same, in all cases where such proceeding
can be made applicable, as are prescribed by the attachment acts of force in this state,
any law, usage or custom to the contrary notwithstanding.

A clerk to be
elected bien-
nially, and a
sheriff.

Oath of the
clerk.

Said clerk to
give bond and
security.

Duties of the
clerk.

Oath of the
city sheriff.

D eputy.

Sect. 10. And be it further enacted by the authority aforesaid, That it shall and may
be lawful for, and it is hereby made the duty of the city council of Augusta, at their first
regular meeting after the first day of January in each and every second year, to elect, by
ballot, a clerk for the Mayor's Court, and a sheriff for the city of Augusta, who shall
take an oath and give security as herein pointed out : that is to say, the clerk so elected
shall take the following oath, before the mayor or any member of the'city council : " I do
solemnly swear, or affirm, that I will truly and faithfully enter and record all the orders,
decrees, judgments and other proceedings of the Mayor's Court of the city of Augusta,
and all other matters and things which, by law, ought by me to be recorded, and that I will
faithfully and impartially discharge and perform all the duties required of me, to the best
of my understanding." And such clerk shall enter into bond, with one or more good
and sufficient security or securities, to the Governor for the time being, in the sum of
one thousand dollars, conditioned for the faithful discharge of the duties required of him;
and the said clerk shall, by virtue of his office, be justice of the peace, so far as to ad-
minister all oaths appertaining to the business of his office ; and it shall be the duty of
said clerk to copy into a book of record, all the proceedings in said court, for which he
shall be allowed the sum of ten cents for every hundred words of recording such pro-
ceedings, to be taxed in the bill of costs ; and the said clerk shall also keep regular and
fair minutes of all the proceedings in the said court, which shall be signed by the judge
of the said court : and the city sheriff shall, in like manner,' take the following oath: " I
do solemnly swear, or affirm, (as the case may be,) that I will faithfully execute all writs,
warrants, precepts and processes, directed to me as sheriff of the city of Augusta, and
true returns make, and in all things well and truly, and without malice or partiality, per-
form the duties of the office of sheriff of the city of Augusta, during my continuance in
office, and take only my lawful fees ;" and an oath to the same purport shall be taken by
the deputy of the said sheriff, should he think proper to appoint one, which he is hereby
authorized to do inlike manner : and the said city sheriff shall enter into bond, with two

TOWNS. (AUGUSTA. 1818.; 999

good and sufficient securities, to the Governor for the time being, and his successors in (No. 655.)

office, in the sum of ten thousand dollars, conditioned for the faithful performance of his Sheriff to en-
ter into bond
duty, by himself and his deputies, and which bond the mayor or any member of council and security.

is authorized to take ; and the said clerk and sheriff shall, in every instance, continue in Said clerk and

office until a successor shall be appointed and qualified, notwithstanding the period shall tjnue -m officeT

have elapsed for which they shall have been elected ; and the clerk and sheriff, upon going u their suc"

*■ CGssors tii^c tip1-

out of office, shall turn over to their successors all papers and process, of what nature or pointed and

. . . . qualified,

kind soever, in their possession ; and the said succeeding sheriff shall be empowered and shall turn over

required to carry into effect any levy made by his predecessor, and shall make titles to the to their s^c~

purchasers for all the property sold under execution, and not conveyed by his predecessor; papers, &c

and the same remedy may be had against the said clerk and sheriff as is prescribed by Remedy

the judiciary act, against clerks and sheriffs in the respective counties of this state. clerk^nd^he-

riff.

Sect. 11. And be it further enacted by the authority aforesaid, That the clerk of the Their fees.
Mayor's Court and the sheriff of the city of Augusta shall be authorized to charge, de-
mand and receive the same fees that the clerks of the Superior Courts, and the sheriffs of
the respective counties in this state are, by law, authorized to charge, demand and receive
for the performance of similar duties, and shall have the same remedy for enforcing pay-
ment of their fees respectively as are employed by those officers respectively, any law,
usage or custom to the contrary notwithstanding.

Sect. 12. And be it further enacted by the authority aforesaid, That all acts or parts Repealing
of acts militating against this act be, and the same are hereby repealed.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 17th December, 1818.

WILLIAM RABUN, Governor,

1000

TOWNS. (AUGUSTA. IS 18.)

(No. 656.)

AN ACT

To extend the jurisdiction and powers of the Mayor and City Council of the Cilij

of Augusta.

Limits of Au-
gusta extend-
ed.

Jurisdiction of
the mayor and
city council.

Land within
said limits add-
ed to the city.

Rights and
liabilities of
the inhabitants
thereon.

Police of Au-
gusta extend-
ed to three
miles from the
city in every
direction with-
in the state.
General pow-
ers of the may-
or, 8cc. over
those limits.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, Thai
the limits of the city of Augusta be, and the same are hereby extended to Hawke's Gully,
on the western road, thence northwardly, in a direct line, to the Savannah river, and
southwardly, in a direct line, until such line intersects South Boundary-street continued ;
and that all persons and property within the said limits be, and the same are hereby sub-
jected to the jurisdiction and power of the mayor and city council of the city of Augusta,
and the same are hereby extended over them as fully and effectually, to all intents and pur-
poses whatever, as the same now exists over any part of the city of Augusta ; and the land
within the aforesaid limits is hereby added to the said city of Augusta, and declared to be
part thereof; and all persons dwelling thereon shall be considered inhabitants of the said
city, and, as such, liable to all the assessments, taxes, contributions, penalties, regulations
and prohibitions, and entitled to all the rights, privileges, benefits and immunities of
other inhabitants of the said city, and subject to all the ordinances heretofore made, or
which may hereafter be made, for the government thereof.

Sect. 2. And be it further enacted, That the power and jurisdiction of the mayor
and council of the said city, so far as the same relates to matters of police only, be, and
the same is hereby extended to the distance of three miles from the city, in every direc-
tion within this state ; and that the said mayor and city council be, and they are hereby
authorized to make such ordinances and bye-laws, for the preservation of peace, good
order and sobriety, and for the restraint and regulation of retailers of spirituous and
fermented liquors, shopkeepers and others, within those limits, as they are now authoriz-
ed to make within the city of Augusta.

Powers of the
mayor and city
council with
regard to
roads within
the limits
aforesaid.

Sect. 3. And be it further enacted, That the mayor and city council of the said city
be, and they are hereby authorized to widen all the public roads leading from the said
city, to the distance of three miles from the same, to such convenient breadth as they
may respectively require, not exceeding one hundred feet each, and to straighten the
same ; and to lay out any new roads that may be necessary for the public convenience,
within those limits ; and generally to have the same power, authority and jurisdiction,
over the roads within three miles of the city, as now belongs to the Inferior Court of

TOWNS. (AUGUSTA. 1818.)

100 J.

Richmond county : Provided, that the laying out or straightening any road now laid out, (No. 656.)
shall not injure the property or building of any person. Proviso.

Sect. 4. And be it further enacted, That the said mayor and city council be, and they
are hereby authorized, on the request of the owners of two-thirds in value of the real
property on any square or street, to cause any existing street, running through or be-
tween such property, to be either extended or widened, or both, and to lay out and
open new streets through such squares ; and cause the damage sustained, and the benefit
received by the holders of the property, to be assessed by a jury in the Mayor's Court,
subject to an appeal to the Superior Court of Richmond county, in the same manner,
and under the same regulations, as are or may be provided by law, or practised in the
case of appeals from the Inferior Court of said coun,ty ; and to cause the assessment so
made to be levied by execution, and paid, under such rules and regulations as they shall
prescribe. And the said mayor and city council are hereby authorized and empowered
to pass all ordinances and bye-laws, which may be necessary and proper to ensure the
due and regular execution of all the powers and authority, by this and the foregoing
sections of this act in them vested ; and to prescribe and regulate all the details, ne-
cessary and proper to give effect to the same.

When, and in
what manner,
any street may-
be extended
or widened, or
new ones laid
out. . * ^

Damages, &c.
incurred
thei-eby, how
ascertained.

General pow-
ers of the may-
or and city
council.

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

speaker of the House of 'Representatives .

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor,

* •

1002

TOWNS. (MADISON. 1814.)

MADISON.

(No. 657.)
w

AN ACT*

To amend an act, entitled An act to make permanent the site of the Public Build-
ings in Morgan County, at the Town of Madison, and to incorporate the same,
passed the \2th December, 1809.

Preamble.

Commission-
ers of Madison
appointed.

Their conti-
nuance in
office.

Vacancies,
how filled.

WHEREAS, in the second section of the before recited act, that the first Monday in
March, annually, is set apart for holding the election for the commissioners of the said
town : And whereas, the citizens of said place failed to elect commissioners as contem-
plated by said act : For remedy whereof ;

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and immediately after the passing of this
act, that Samuel Shields, Roderick Leonard, Alston H. Greene, Samuel B. Hutchinson,
and Lancelott Johnston, be, and they are appointed commissioners of the town of Ma-
dison, to continue in office until the first Monday in March next, invested with the same
powers as if they had been elected agreeable to the provisions of the before recited act.

•

Sect. 2. And be it further enacted by the-authority aforesaid^ That when any vacan-
cy shall happen by death, resignation or otherwise, of any one or more of the commis-
sioners now appointed, or that may hereafter be elected, agreeable to the act to which
this act is amendatory, that the then acting commissioners,- or a majority of them, shall
give at least ten days previous notice, by advertisement at the door of the court-house,
of such vacancy, and proceed to hold an election agreeably to such notice j which elec-
tion shall be superintended by one justice of the peace of said county, with a majority
of the then acting commissioners ; and the person or persons, as the case may be, hav-

* See the next act.

ifcfe,

TOWNS. (MADISON. 1817.) 1003

ing the highest number of votes, shall be considered qualified to act until the first Mon- (No. 657.)
day in March thereafter : Provided, that the electors shall possess such qualifications as Proviso,
are required by the aet to which this is amendatory.

BENJAMIN WHITAKER,

Speaker' of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 23d November, 1814.

PETER EARLY, Governor.

AN ACT (No. 6580

To amend An act to make permanent the site of the Public Buildings in Morgan
county, at the town of Madison, and to incorporate the same, passed the 12th
day of December, 1809.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assem-
bly met, and it is hereby enacted by the authority of the same, That from and after the Jurisdiction of
passing of this act, that it shall be lawful for the commissioners of said town of Madi- sioners 0/ Ma-
son, or a majority of them, to extend the incorporation laws over all the lots and land d\son extend_
' J J r ed over cer-

adjoining said town, laid off for county uses. tain public

lots.

Sect. 2. And be it further enacted by the authority aforesaid, That the commission- Said commis-
ers are hereby vested with full power and authority to make such bye-laws and regula- pasr^eJaws

tions, and impose and inflict such tax and fines, as in their judgment may be conducive imPose fines

' r , J ° J and taxes, &c.

to the good order and government of said town : Provided, that such bye-laws and ordi- proviso,
nances be not repugnant to the constitution and laws of this state.

Sect. 3. And be it further enacted, That the commissioners of said town of Ma- Said commis-
dison shall take the following oath, before some justice of the Inferior Court, or justice an oath.
of the peace, for the county of Morgan, viz : I, A. B. do solemnly swear, or affirm, (as The oath.

6 M 2

1004 TOWNS, (SAVANNAH. 1815.)

-- '■- ■ ■ ■•■ ■ ■■' ■ — .«•. ...

(No. 658.) the case may be,) that I will, to the utmost of my power, perform the duties required
of me, as commissioner of the town of Madison ; so help me God.

BENJAMIN WILLIAMSy

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 18 IF.

WILLIAM -RABUN, Governor.

SAVANNAH.

(No, 659.) AN ACT

To alter the mode of holding the Mayor's Court in the city of Savannah, and to

increase the jurisdiction thereof*

Sect. 1. BE it enacted by the Senate and House of Representatives of the General Assem*

Mayor's Court My of the state of Georgia, and it is hereby enacted by the authority of the same, That

of Savannah to . . . '

be held by the from and immediately after the passing of this act, the court heretofore held m the city

mayoi q£ Savannah by three presiding aldermen, and called the Mayor's Court, shall be held

by the mayor alone.

Jurisdiction Sect. 2. And be it further enacted by the authority aforesaid, That the jurisdiction of

extended to . , ■,-,-,•

$200. the said court be, and is hereby extended and increased to two hundred dollars.

Salary of the Sect. 3. And be it further enacted by the authority aforesaid, That the mayor shall
mayor to be ;--.•'. .. r • i • •

raised by ad- receive, for his services as sole judge of said court, a salary or compensation, to be paid

on all ants in- out °^ sums to De collected, as additional costs on each and every suit hereafter brought

* See title "Judiciary Laws/' act of 1819, No. 296, which organizes a court of common pleas and of oyer
and terminer for the city of Savannah, and repeals the civil jurisdiction given to the mayor and aldermen, or
to the mayor of said city.

TOWNS. (SAVANNAH. 1819.) 100s

and instituted in said court, to be imposed as follows : on every suit not exceeding fifty (No. 659.)

dollars, the sum of one dollar and fifty cents ; on every suit above fifty dollars, and not stltute(i in said

exceeding one hundred dollars, the sum of two dollars ; on every suit above one hundred Said costs spe=

dollars, and not exceeding one hundred and fifty dollars, the sum of three dollars ; and

on every suit exceeding one hundred and fifty dollars, the sum of four dollars : which Clerk to de-

, mandandpay

additional costs the clerk of the said Mayor's Court shall be bound to demand, from all over said costs

and every person or persons, upon the institution of every suit, and to make a regular at every se«.

return and payment thereof to the mayor, as judge of said court, at every sitting of the Sion*

said court, under the penalty of one hundred dollars, to be enforced by attachment Penalty for

non-compli-
against the said clerk as for a contempt. ance.

Sect. 4. And be it further enacted by the authority aforesaid, That all laws or parts' Repealing
©f laws militating against this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 4th December, 1815.

D. B. MITCHELL, Governor.

AN ACT (No. 660)

lb alter the mode of electing a Clerk of the Market for the city of Savannah.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hefeby enacted by the authority of the same, That Clerk of the
the mayor and aldermen of the city of Savannah shall, at their first regular meeting in vannah, how
the month of October next, and at their first regular meeting in the month of October
in each succeeding, year, proceed, by ballot, to elect a clerk of the market for the city of
Savannah. „

Sect. 2. And be it further enacted by the authority aforesaid, That the said mayor and Ten days nn

.. . I'll* t'ce °^ suck

aldermen shall give public notice, by advertisement in one of the gazettes published m election to be

the said city of Savannah, for the space of ten days, of the time at which the election for |4zette of the

the officer aforesaid will take place. CIty"

clause.

1006 TOWNS. (ATHENS. 1815.)

. __ _ _ ^

(No. 660.) Sect. 3. And be it further enacted by the authority aforesaid, That all acts or parts of
^P^'inS acts heretofore passed on this subject, which shall militate against the provisions of this
act, shall be, and the same are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate,
Assented to, 18th December, 1819.

. JOHN CLARK, Governor.

ATHENS.

(No. 661.) AN ACT .

For the better regulation and government of the Town of Athens, in the County of

Clarke.

Athens ap- Farrar be, and they are hereby appointed commissioners of said town ; and they, and
Who may pass their successors in office, are hereby vested with full power and authority to pass all bye-
teye-laws, &c. ]aws ancj regulations, which may be necessary for the improvement and keeping in good
repair all the streets of the said town, and the public roads leading from the same in
every direction, and to the extent of one mile from the college chapel, and no further ;
and to have kept in repair the public spring, and to pass any other bye-laws, for the bet-
ter government of said town, as may not be repugnant to, or inconsistent with, the con-
Proviso, stitution and laws of this state : Provided, nothing herein contained shall be so con-
strued as to extend the powers of said commissioners to the 'north-east side of the
Oconee river.

May impose a Sect. 2. And be it further enacted by the authority aforesaid, That the said commis-
tnx.

sioners, and their successors in office, shall be, and they are hereby authorized to impose

TOWNS. (ATHENS. 1815.) 1007

any tax upon the citizens resident within the bounds aforesaid, for public purposes, (No. 661.)
which shall not exceed one dollar on each poll within the term of any one year.

Sect. 3. And be it further enacted, That the said commissioners, and their successors May Impose
„ . r , . . -i i • i i • fines and pe-

in office, may impose any lines or penalties not incompatible with the constitution or naities.

laws of this state : Provided, that no penalty thereby imposed shall extend to corporal Proviso.

punishment, (except to people of colour,) whose punishment for any one violation of the

bye-laws of the corporation shall not exceed thirty-nine lashes.

Sect. 4. And be it further enacted, That the said commissioners be, and they, or a May appoint
majority of them, are hereby authorized to appoint, at their first meeting, which shall be ^ amj cier|?
in the college chapel, within forty days after the passing of this act, a town constable
and clerk, if they deem such officers, or either or both of them necessary; the former of Duty of said
whom shall faithfully execute the laws and regulations of the said commissioners, and clerk,
their successors in office, and the latter faithfully record their proceedings.

, •• * ■

Sect. 5. And be it further enacted, That the commissioners herein appointed shall Continuance
° rr in office of

continue in office until the first Saturday in January, eighteen hundred and seventeen ; said commis-

on which day, and on every first Saturday in January thereafter, all the free male white . . f

citizens of said town, or residing within the bounds aforesaid, who have given in their commission-
ers, time and
taxable property, and who are entitled to vote for members of the General Assembly, manner of

shall assemble at the said college chapel in Athens, and between the hours of ten o'clock

in the forenoon, and four in the afternoon of that day, and elect by ballot other com-

missioners, who shall continue in office one year; two justices of the peace of the said

county of Clarke shall preside at and certify the state of the polls to the persons elected ;

which certificate shall authorize them to exercise the functions of their offices during the

ensuing year : Provided, that nothing herein contained shall be so construed as to pre- Proviso.

vent the election of the commissioners herein before named ; and any person or persons

who may hereafter be elected commissioners of said town, shall be eligible at the next,

or any subsequent election, after the expiration of the time for which he or they may

have been elected as commissioners under this act.

Sect. 6. .And be it further enatted, That all laws militating against this act be, and Repealing

clause.
the same are herebv repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 8th December, 1815.

D. B. MITCHELL, Governor,

1008 TOWNS. (DARIEN. 1815.)

DARIEN,

(No. 662.) AN ACT

To amend an act, entitled Jin act to regulate the Town of Darien, in the county
of McIntosh, passed the twenty-second of December, eighteen hundred and
eight.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

Election of *That the election of commissioners for the town of Darien shall be held and con-

ers for the ducted by two justices of the peace, or of the Inferior Court, or one justice as aforesaid

town of Da- ancj one or more freeholders, which said election shall be held at the time and manner
rien, now and

when held. pointed out by theo above recited act; and the said superintenders shall certify the five
persons having the highest number of votes ; which five persons shall be the commis-
sioners of the town of Darien as aforesaid, until their successors shall have been elected
at the time prescribed by the above r*ecited act. 0 m

Slaves and Sect. 2. And be it further enacted, fChat all male slaves <j$hose usual place ofresi*

cobivrln^said dence ls in the town o£ Darien, as ^ell as all free male persons of colour, shall not be

town, not ha- liable to work on the roads of said county, but shall be subject to work on the streets

ble to road laJ .^ , mJ \ • J

hour, but shall and commons of the said town of Darien, in such manner as the commissioners, or a

work on the .. tut • i • • •iatii

streets of said majority of them, shall direct ; and all persons owning slaves in said town, liable to work

as aforesaid, shall pay two dollars %er day for each hand he, she or they shall fail to
Penalty on the • . * '* 1

owners of furnish, after they shall have been notified by order of said commissioners, to be reco-

slaves for not ,, - . . , , r . . .. , .,'.*-,.

furnishing vered by warrant from under the hand of said commissioners,* or g» majority or them,

^aforesaid directed to any lawful constable ; who is hereby authorized to levy and collect the same,

in the same manner as practised in case of executions issuing from a justice's court, and

pay over the same, in thirty days, to said commissioners.

Penalty on Sect. 3. And be it further exacted, That all free persons of colour, subject by this

|j*£p T)6YSOn9 *

of colour for act to work on the streets and commons of Darien, who shall fail to attend and perform
not working-
's aforesaid.

-
* See act of 1816, No. 663, to incorporate the town.
f See the 9th and 10th sections of the act of 1816,

TOWNS. (DARIEN. 1315.) 1009

the duties required of them by this act, when notified by order of the said commission- (No. 662.)
ers, or a majority of them, shall forfeit and pay the sum of two dollars for every day he
shall fail to work as aforesaid, to be recovered by warrant from under the hands of the
said commissioners, or a majority of them ; which shall be levied and collected in the
same manner, and under like restrictions, as other forfeitures pointed out by this act.

Sect. 4. And be it further enacted by the authority aforesaid, That so much of the Repealing
before recited act, passed on the twenty-second day of December, eighteen hundred and
eight, and. all other acts or parts of acts, militating against this act* be, and the same is
hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.
Assented to, 8th December, 1815. «,

D. B. MITCHELL, Governor

AN ACT - (No. 663.)

To incorporate the Town of Darien*

WHEREAS, from the increase of population and growing importance of the town Preamble,
of Darien, it is necessary that many regulations should be made for the preservation of
peace and good order within the same :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,

That from and immediately after the passing of this act, all persons, citizens of the Town of Dari-

United States, and residing within the said town, shall be deemed, and they are hereby e(j,

declared to be a body corporate and politic ; and there shall be an intendant and council Shall have an

for the said town ; and they and thgir. successors, hereafter to be appointed, shall have council.

perpetual succession, and be styled and known by the name of the Intendant and Coun- Their style.

oil of the town of Darien ; and shall have a common seal, and be capable in law to pur- Shall have a

common seal

This act amended by act of 1818, No. 664, by which Darien is made a city,

6 N

MMTiM rfim^MllllMflri ^

io 10

* *» ~v * «• < • mmm*

TOWNS.

1816.)

(No. 663.)

May hold real
property with-
in the limits
of said town,
for the use
thereof.
May dispose
of the same.
May sue and
be sued, &c.

May pass bye-
laws, &c.

May assess
taxes.

And affix and
levy fines.
Officers,
whom the}^
may appoint.

Provided.

chase, have, hold, enjoy, receive, possess and retain, to them and their successors, for
the use of the said town of Darien, in perpetuity, or for any term of years, any estate,
real or personal, messuage, lands, tenements or hereditaments, of any kind soever, within
the limits of the said town ; and to sell, alien, exchange or lease the same, or any part
thereof, as they shall think proper ; and by the same name to sue and be sued, implead
and be impleaded, answer and be answered unto, in any court of law or equity in this
state ; and they shall also be vested with full power and authority, from time to time,
under the common seal, to make and establish such bye-laws, rules and ordinances, re-
specting the harbour, streets and public buildings, work-houses, markets, wharves, public
houses, carriages, waggons and carts, drays, pumps, buckets, fire-engines, and in general
every other bye-law or regulation that shall appear to them necessary for the security,
welfare, convenience and advantage of the said town ; and the said intendant and coun-
cil shall also be vested with full power and authority, to make such assessments on the
inhabitants of the said town, or those who hold taxable property within the same, for
the safety, benefit, convenience and advantage of the said town, as shall appear to them
expedient ; and to affix and levy fines for all offences committed against the bye-laws of
the said town ; and* they are hereby authorized to appoint a clerk, treasurer, health offi-
cer, harbour master, flour inspector, (when the justices of the Inferior Court neglect to
appoint agreeable to law,) fire masters, town marshals, constables, and all such other
officers as shall appear to them requisite and necessary for carrying into effectual execu-
tion all the bye-laws, rules and ordinances they may make, for the good order and go-
vernment of the said town and the persons residing therein : Provided, that nothing
herein contained shall authorize the said intendant and council to make any bye-laws,
rules or ordinances, repugnant to the constitution or laws of this state.

Who shall pre-
side at the an-
nual election
of the council
for said town.

Qualification
of the mem-
bers of said
council.

Who may
vote.

Duty of the
superintend-
ants of said
election.

Oath of office
to be adminis-
tered to the
persons so
elected.

Sect. 2. And be it further^ enacted ^\\2X any one magistrate of the county of McIn-
tosh, and one freeholder, or three freeholders of the county aforesaid, shall, on the
second Moriday in January after the passing of this actf and oh the second Monday in
January annually thereafter, superintend, in the said tqwn of Darien, the election of five
members, to constitute the council of the said town ; and which said five members of the

4b . • *

council shall be freeholders of the county of McIntosh, and have resided six months
within trie said town ; and that all free white persons, being citizens of the United
States, and residing six months within the said town, shall be entitled to vote" for five
members, to form the council aforesaid; and the ^uperinten^ants, when the election is
closed, shall give notice to the persons elected of their appointments, and summon them
to "meet together^at any time and place, within ten days after their electidfa, for the
pose of taking the oath of office prescribed by law ; which oath may be adminisl

any justice of trfe peace, or by one of the members so chosen to another : Provided,
three be present at the time of acrministering the same ; and sftaube- in tne words fol-
The oath. lewmg : I, A. B, do solemnly swear, or affirm, that I will, to the utmost of my power,

TOWNS. (DARIEN. 18.16.) I(m

support, advance, protect, and defend the good order, peace and welfare of the town of (No. 663.1
Darien and its inhabitants ; and will faithfuAiy demean myself in the office of intendant,
(or.member of the council, as the. case may be,) for the town of Darien, according to
the laws and regulations thereof, to the best of my skill and judgment ; and that I will
support the constitution of this state, and the constitution of the United States; »

Sect. 3. Be it further enacted, That when three or more of the said members shall intendant of
have met and qualified as aforesaid, they shall, within ten days thereafter, call a meet- wnen, and
ing of the said members, and elect from their own body an intendant of the 'said elected*,

town, the concurrence of three being necessary to a choice ; and the said intendant, or in
case of his absence- or disability, any two of the members, shall and may, as often as
occasion may require, summon the members to meet together in council, any two of How many
*whom, with the intendant, or any three, shall be competent to proceed to business. And a board. *
should a vacancy happen by death, resignation or otherwise, it shall be filled by the Vacancies,
people qualified to vote for the said members of council, who shall be notified thereof
ten day previous to the election.

Sect. 4. Be it further enacted, That the intendant and members of the said council Powers of the

shall, each of them, have full power and authority to keep peace and good order with- and council, *

in the said town, to issue warrants, and cause all offenders to be brought before them, the puMic

and, on examination, either to release, admit to bail, if the offence be bailable, or commit P^ace> &c- m

1 ' said town.

to the custody of the sheriff of the county of McIntosh, except in cases hereafter pro-
vided for ; whose duty it shall be to receive the same, and keep in safe custody until dis-
charged by due course of law ; and the said intendant, and every of the members of the Vested with
said council for the time being, shall be vested with all the powers and authorities that justiceTofthe
justices of the peace are vested by the laws of this state, and shall exercise the same in Peace-
every part of the said town, for the preservation of the peace and good order thereof.

Sect. 5. Be it further Enacted, That it shall and may be lawful for the said intend- Said intend-
ant, or, in his absence, any three of the council, and they are hereby empowered, at r\ZQd to hold
any time after the passing of this act, to hold courts once in every month throughout each ™°"^! i t
year, to appoint such officers as they may think necessary, to settle and allow said officers appoint offi-
reasonable fees, and to have jurisdiction of, and to hear and determine all civil cases not Their juri!#
involving the right or title to any land or real estate, so the demand in each suit does c^sf" °
not exceed the- sum of fifty dollars, and to give judgment and award execution therein,
, according to law : Provided, that if any party to a suit shall feel him, her or themselves Proviso
aggrieved by the decision of the said court, it shall and may be lawful for such party to
enter an appeal, within three days after such trial, first paying all costs which may have Appeal* ,
accrued on ^»u.ch trial, and gjving sufficient security to abide and perform the sentence
of the court at the trial of the appeal ; and all appeals from the decision of the said court

6 N 2

1012 TOWNS. (DARIEN. 1816.)

(No. 663.) shall be tried at the succeeding court* day, unless good excuse is given for continuing
Continuance. ,ionger such trial ; which trial shall be**by * jury of seven men, whose verdict shall be
Proviso. final : Provided, such continuance shall not exceed three terms.

* ..

Bail. Sect. 6. Be it further enacted, That the said intendant and council shall have the like

power and authority to hold to bail, for debts within their jurisdiction, under like re-
strictions as are pointed out for the Superior and Inferior Courts ; and shall have power
Said interi- to draw and empannel jurors for the trial of appeals, who shall be resident within their
draw and em- jurisdiction, and shall be qualified and liable to serve as jurors, to cause them to- be
panne ju . sum.moned at least five days before the said court, and to fine them for non-attendance,

Said jurors

finable for or other misconduct,' in such manner as they may think proper ; and" shall have power to

non-attend- . r ir . , -i r i •• ■> ■

ance# award execution for such tines, and cause the goods of the persons so incurring such

Proviso, fines, to be sold by virtue thereof: Provided^ such fine shall not exceed ten dollars.

Said intend- Sect. 7. Be it further enacted, That the said intendant and council shall, in all judicial

their judicial proceedings, have reference to, and be governed by the laws in force in this state, for

Capaitedtb regulating tne judicial proceedings thereof; and the said court of intendant and council

the judiciary thereof is declared to be a court of record, and any persons necessarily going to, be>
laws of the t ...

slate. ing at, or returning therefrom, shall be free from arrest on any civil suit.

Their court to
be of record.

Town mar- Sect. 8. Be it further enacted, That the town marshal shall have the power of selling

sna , us po ^^^ egtate m saj(j town, under execution issued by the intendant and council : Provided,
Proviso. all sales made by him of real estate or negroes, shall be on the first Tuesday in each

month, and advertised at least thirty days in one of the public gazettes of Savannah.

•<,■ •

Liability of . Sect. 9. And be it further enacted, That the said intendant and council of the said

habitants, town of Darien, are hereby fully empowered and authorized to call out all the white male

free^eople of inhabitants living in the said town, and all the negro slaves and free persons of colour

colour, to residing in said town, liable bv the road laws of the state to work upon the public roads,

work on the ° J _ • r r

streets. to work upon the streets and commons of said towns ; and shall assess and levy a fine of

^J"e £P^tt two dollars for every day's default of any such person so liable to work as aforesaid.

Persons work- Sect. 10. And be it further enacted, That all such persons working upon the streets
streets exempt an<^ commons of the town of Darien be, and they are hereby exempted from labour
from road la- Up0n aily 0f the r0ads in McIntosh county.

insolvent Sect. 11. And be it further enacted, That the intendant and council shall have power

may be con- and authority to confine all insolvent debtors within their* jurisdiction, as well as all

ilofDarL offenders against the peace and good order of the state, in the jail of Dariefi, untH such

until one be time as the county shall build a jail at the court-house.

built at the J J

court-house.

TOWNS. (DARIEft. 18181) 1QJ3

Se'ct. 12. And be it further enacted, That the intendant and council of Darien shaU (No. 663.}
have the appointment of the jailor in the town of Darien ; and it shall be lawful for o^rUm. "^
the citizens of McIntosh county to confine all runaway negroes, as well as all ne-
groes or free persons of colour, charged with any offence against the state, in the jail of
Darien, until the county jail is built as aforesaid; and the jailor shall be allowed the
same fees as is allowed the jailor in Savannah. .

Sect. 13. And be it further enacted, That all laws or parts of laws militating against Repealing-

clause,
this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 664.)

To make the Town of Darien a City, and to amend an act, entitled An act to incor-
porate the Town of Darien.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Darien made
from and immediately after the passage of this act, the town of Darien shall be called
and known as the city of Darien.

Sect. 2. And be it further enacted, That in the place of an intendant and council, the Shall have a

city of Darien shall have a mayor and aldermen. And the aldermen shall be elected at aldermen.

the same time, and in the same manner as is now pointed out by law for electing mem- Aldermen,

• • r • r • -ii -l k°w elected,

bers of council ; and the citizens of the city of Darien shall be entitled to seven per- seven in num-

sons as aldermen, at their next election, and that number annually thereafter ; and the ber* _

Mayor elected
aldermen shall, within three days after their election, elect a mayor from their own out of their

body : and the mayor anpl aldermen shall take the same oath, and possess the same qua- said aldermen.

locations, and shall have all the powers and jurisdiction now possessed by the inten- ^ie,.^.atIi'-

viualincations

1014

TOWNS? (DARIEN. 1818.)

(No. 664.) dant and council of the town of Darien, not militating against the provisions of this
Ind powers of .
the said mayor
and aldermen.

Jurisdiction of Sect. 3. And be it further enacted, That the jurisdiction of the Mayor's Court of the
city of Darien shall be increased to one hundred dollars ; and in holding the Mayor's
Court for the trial of "civil cases, the mayor shall preside; and he shall be allowed the

ed to $100.

Mayor's fees.

Appeals from same fees as are allowed tke mayor of Savannah, on sums of like amount j and any

Ins decision. person, dissatisfied with the decision of the mayor, may appeal to a jury, in the mann.er

now provided for in the intendant's and council's court of the town of Darien ; and the

same proceedings shall be had on all such appeals j and it shall be Jlawful for the city

marshal to advertise his sales in any gazette in the city of Darien.

Repealing
clause.

Sect. 4. And be it further enacted, That, so much of an act, passed on the twelfth day
of December, eighteen hundred and sixteen, entitled An act to incorporate the town of
Darien, and all other acts and parts of acts militating against the provisions of this act,
be, and the' same are hereby repealed.

Assented to, 18th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

■

TOWNS. (JACKSONVILLE. 1815.)

1015

JACKSONVILLE.

AN ACT

(No. 665.)

To incorporate the Town of Jacksonville, in the county of Telfair.

Commission-
ers of Jackson-
ville appoint-
ed.

Who may pass
bye-laws, &c,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That Charles McKinyan,
Abel L. Hatton, WiHiam Harris, Nathaniel Ashley and Noah Palmour, be commission-
ers of said town ; and they, and their successors in office, shall have full power and
authority to pass all bye-laws and regulations, which may be necessary for the. improve-
ment and repairing the streets, springs, and internal police of said town, and the pre-
servation, repairs, and charge of the public buildings in said town : .Provided neverthe- Proviso
less, that such bye-laws, rules and regulations shall not be repugnant ^to the constitu-
tional laws of this state ; and that no penalty thereby imposed shall extend to corporal
punishment, except to people of colour ; nor shall any tax upon the people of said town
be imposed, which shall exceed one dollar upon each poll for the same year.

Sect. 2. And be it further enacted, That the said commissioners shall continue in
office until successors are elected in their place ; and it shall be lawful, on the first Mon-
day in January in every year, for all the free male citizens of the said town, above the
age of eighteen, to assemble at the court-house in said town, and by ballot elect five
commissioners ; at which election two justices of the peace for said county shall preside,
as judges of the election.

e elect

Sept. 3. And J) e* it further enacted^ That the powers confided to this incorporation
snail not exceed the limits of the lands belonging to the public,, and that the name of
Jacksonville is here intended to perpetuate the name and memory of the late hero of
New Orleans. * "9 P . • •

Their continu-
ance in office.
Commission-
ers to be annu-
ally elected,
on the first
Monday in
January.

Limits of the
corporation.

•

Assented to, 14th December, 1815,

• . * * m s

' BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate,

D, Bf MITCHELL, Governor,

m * m

1016

TOWNS. (WATKINSVILLE. 1815.)

WATKINSVILLE

(No. 666.)

AN ACT*

For the better regulation of the Town of Watkinsville, in the county of Clarke,

Commission-
ers of Wat-
kinsville ap-
pointed in the
place of those
removed.

Who may pass
bye-laws, &c.

Proviso.

Sect. i. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
George W. Moore, Ira E. Paschal and George Rockfort, shall be commissioners of said
town, and their successors in office, in place of Bedford Brown, Edward Bond and Ro-
bert Echols, removed ; and shall have full power and authority to pass all bye-laws and
regulations, which may be necessary for the improvement and repairing of the streets of
the said town, and the preservation of the public springs : Provided, that such bye-laws
and regulations shall not be repugnant to the constitution and laws of this state, and that
no penalty thereby imposed shall extend to corporal punishment, except to people of co-
lour : And provided also, that the said commissioners shall not impose any tax upon the
citizens of the said town, which shall exceed one dollar on each poll, within the term of
one year.

Their continu-
ance in office.

Election of
commission-
ers.

Who shall

preside there-
at.

Sect. 2. And be it further enacted, That the said commissioners shall continue in
office until the first Monday in January, eighteen hundred and seventeen, and on the
first Monday in *every year thereafter; on which day all the free male white citizens of
the said town, who have given in their taxable property, and who are entitled to vote
for members of the General Assembly, shall assemble at the court-house in said town,
and by ballot elect other commissioners, who shall continue in office for one year ; at
which election two justices of the peace for said county shall preside : Provided never-

Proviso. theless, That the said commissioners shaH be re-eligible to the said appointment,

;

Assented to, 14th December, 1815.

« BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN, "

President of the Senate.

» •

1 ft,

D.'B. MITCHELL, Governor.

* Amgnded by act of 1816, No. 667.

mmm*m

mmt ■ ii.aiiiwtffc

— --^^-

TOWNS. (W ATKINS VILLE. 1816) 1Q17

AN ACT (No. 66/.)

To amend An act passed the 1 Uh December, 1815, for the better regulation of the
town of Watkinsville, in the county of Clark.

Sect: 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General. Assembly met, and it is hereby enacted by the authority of the same, That Commission-

"jKJUar' • i r *&( tfjmf^fh WtyW . ers of Wat-

the commissioners of the town of Watkinsville he, and they are hereby authorized and kinsville, or a

empowered to pass such bye-laws for the better regulation and government of said town ^g^1'1^
as they, or a majority of them, may deem necessary, not inconsistent with the laws or Pass bye-laws,
constitution of this state.

Sect. 2. And be it further enacted, -That sai.d commissioners shall have full power to May impose a
impose a tax on all shows, exhibition and show-men, performing in said town for the &Ct
purpose of gain ; and also upon gaming tables and games of hazard that may be estab- And on gam-
lished, opened or played in the said town, and to proceed to the collection of the same in^ a es'
in such summary manner as may be prescribed in the bye-laws and regulations of said
town: Provided, that the tax so to be imposed upon shows and show-men shall not Proviso.
exceed ten dollars for each day's exhibition or performance, and that the tax so to be im-
posed upon gaming tables and games of hazard shall not- exceed fifty dollars for each
day that the same may be established, opened or played in said town ; and in case any Proceedings
person or persons who are liable for the same, shall refuse to pay any tax imposed or aSainst any

assessed by any bye-law or regulation of said town, in pursuance of the authority of this "if? to pay any

. *. ' i . . tax imposed

act, then, and in that case, the commissioners of said town, or a majority of them, shall, by the bye-

I el \ V S Vi. f*

and they are hereby authorized to issue their warrant, directed to any officer, to be by
them appointed, requiring him to collect, levy and make sale of the goods and chattels
of the person or persons so refusing to pay the amount of the tax so imposed or assessed,
andrall lawful costs: Provided, such costs shall not exceed the costs allowed by law to Proviso
justices of the peace'and constables in like cases: And provided also, that sales to be
made by virtue of said warrant shall be advertised at least ten days at the court-house in

said town.

■

SecT. 3. And be it further enacted, That the said commissioners shall cause to be Duty and
established and enforced, a strict patrol, either by day or by night, within the limits of commissioners
said town, and in case of neglect or refusal in any citizen of said town, to comply with patrols"^
the bye-laws and regulations to be by the said commissioners ordained and established saicl tov>'"-
upon this subject, that the said commissioners, or a majority of them, may proceed to
fine such citizen, and to collect such fine in such manner as is herein before prescribed

6 O

fltan

1018

TOWNS. (GREENSBOROUGH. 1815.;

(No. 667.) for the collection of taxes : Provided, that the fines to be imposed in virtue of the power
Proviso. derived under this act shall not exceed five dollars for each case of neglect or refusal.

Taxes and Sect. 4. And be it further enacted, That the said commissioners do, and they arc-

be appropri- hereby authorized to appropriate all taxes and fines imposed, assessed and collected in
ated# virtue of any bye-laws or regulations adopted in pursuance of the authority given in this

act, to the repair and improvement of the public springs, square and streets of said town.

Repealing1

clause.

Sect. 5. And be it further enacted, That all laws and parts of laws militating against
this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representative-

WILLIAM RABUN,

President of the Senate

Assented to, 19th December, 1816.

D. B. MITCHELL, Governor,

GREENSBOROUGH.

No. 668.)

Commission-
ers of the
town of
Greensboro'

*♦

AN ACT*

To amend an act, entitled An act for the better regulation of the town of Greens-
borough, and for the appointment of Commissioners of the Academy of the
county of Greene and Siloam Meeting-house, in said county ; and to amend an
act, entitled An act for the better regulation of the town of Qreensborough, and
for the appointment of Commissioners of the county of Greene and Siloam
Meeting-house in said county, and to incorporate the same.

*«*
Sect. 1. BE it enacted by the Senate- and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
the commissioners of the town and corporation of Greensborough, for the time being,

* See the two acts which follow this act

m**i*mm*mmmmt

TOWNS. (GREENSBOROUGH. 1815.) 1019

and their successors in office, shall have full power and authority to impose such tax or (No. 668.)

# taxes on the inhabitants of said town and corporation as they may deem necessary for assess^axes0

the purpose of improving and keeping in good order the springs within the limits of said "P°.n the in'

incorporation, commonly called and known by the name of Rucker's spring, Armor's or thereof,

Rock' spring, and Park's spring : Provided, that such tax shall not exceed the sum of one Proviso,
dollar on each and every person liable by law to pay a poll tax, or who shall be the head
of a family without being so liable, within the term of one year.

Sect. 2. And be it further enacted, That the said commissioners shall have full power May tax Faro
and authority, to impose a tax, not exceeding five dollars for every twenty-four hours, gamingtables,
or any term under that time, upon all and every person or persons who shall open or
establish a Faro-bank, A. B. C. Or Equality table, or any table upon what is denomi-
nated u light construction," within the jurisdiction and limits of said corporation ; and Also shows,

. ,,?'' V' vi'i i t i ii-i show-men,&e.

also a tax, not exceeding five dollars per week, or any term under that time, upon all and

every person or persons who may open or make any public show or exhibition of wax-
work, rope dancing, puppet-show, circus riding, fire-works, or any other public show or

exhibition whatsoever, in any public or private house, or in any other place or places
....... . . *

within the'junsdiction and limits of said corporation.

Sect. 3; And-be it further enacted,Tha.t the said commissioners shall have full power May appoint
and authority to appoint, from among the persons residing within the limits of said cor-
poration, a patrol or patrols for. said corporation, at such times and on such occasions
as they may deem proper : Provided, that one person at least, ctf those composing such proviso,
patrol or patrols, shall be a slave-holder, and that no punishment inflicted by^ such pa-
trol or patrols on any slave or slaves shall exceed moderate correction : Provided also, proviso,
that all and every person or persons who shall refuse to do patrol duty, when required as
aforesaid, shall, without good excuse to be rendered to said commissioners, be liable to
be fined by said commissioners in any sum not exceeding five dollars, and the said de-
linquent shall have five days notice in writing, of the time and place for hearing said
excuse.

Sect. 4. And be it further enacted, That all monies now in the hands of the commis- Monies of the

sioners, or that may now be due or owing to them by bonds, notes or otherwise, shall be be appr0pri-

reserved for and applied by said commissioners, to the sole and exclusive use and sup- ated 1° ithe

rr J ' r useoftheaca-

port of the academy of said county, and to the improving and keeping in repair Siloam demy, and to

i't_.« , r . the improv-

meetmg-house, to be' disbursed by them for the purpose or purposes aforesaid, at such ing, &c. of

v i_ i i ii i i Siloam meet-
times and on such occasions as they shall deem necessary and proper. . ing-housc

6 02

1020

TOWNS. (GREENSBOROUGH. 1815.)

(No. 668.) Sect. 5. And be it further enacted', That said commissioners shall have full power

Said commis- ancj autnority to punish all and every contempt or contempts committed in their pre-

sioners may J r J r r r ,

punish con- sence while sitting as a board : Provided, that no fine imposed for any single offence

tempts in

their pre- aforesaid, shall exceed the sum of twenty dollars.

sence.

Taxes and
fines arising
under the 2d
and oth sec-
tions of this
act to be ap-
plied to the
use of the
academy and
meeting-house
aforesaid.

Pines for con-
tempts, how
collected.

Other fines
and taxes,
how collect-

Proviso.

Sect. 6. And be it further enacted, That all tax or taxes, and fine or fines, arising
under the second and fifth sections of this act, shall be applied exclusively to the- use
and support of the academy aforesaid, and the improving and keeping in repair Siloam
meeting-house ; and that any fine or fines arising under the third section hereof, shall be
applied to such purposes as the discretion of said commissioners may direct.

Sect. 7. And be it further enacted, That all and every fine or fines arising under the
aforesaid fifth section, shall be collected in such manner and form as such contempts are
usually collected by the Superior Court at common law ; and that all other fines- or taxes
arising under this act, shall be collected by executions signed by said commissioners,
or a majority of them, and directed to any officer of said commissioners, or to any other
person (in case there should be no officer,) who shall be authorized to levy the same on
the property, both real and personal, of the person or persons so taxed or fined, and
shall expose the same to sale at the door of the court-house in said town, between the
hours of ten and three : Provided, that such officer or other person selling the same,
shall give at least ten days notice by advertisement in two of the most public places in
said town, of such intended sale.

Commission-
ers to compel
the inhabi-
tants, &.c#
to work upon
the streets,
who shall «be
exempt from
road labour.

Sect. 8. And be it further enacted, That the said commissioners of the town shall
have the entire control of all the citizens and hands who actually reside within the limits
of the corporation, that are liable to work on roads, for the express purpose of keeping
all the streets of said town in good repair ; and that the said citizens and hands shall
not be liable to work upon the district roads ; but the commissioners of the roads shall
have full power to control the direction of all hands liable to work pn roads, who ac-
tually reside without the jurisdictional limits of the said corporation.

A majority
may consti-
tute an effi^
cient board.
May pass bye-
laws, he.

Proviso.

•Sect. 9. And be it further enacted, That a majority of said commissioners shall be
sufficient to constitute a board to carry this act into execution ; and that such board
shall have full power and authority to pass all bye-laws, rules and regulations which
may be necessary to the government and well-being of said corporation: Provided^
such bye-laws, rules or regulations, be not repifgnant to the constitution and laws of
this state, or of the United States.

TOWNS. (GREENSBOROUGH. 1815.) 1021

' _ ■ ■ • _.

Sect. 10. And be it further enacted, That all laws and parts of laws militating against (No. 668.)

this act be, and the same are hereby repealed. Repealing

' J r clause.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of .the Senate.
Assented to, 16th December, 1815.

D. B. MITCHELL, Governor.

AN ACT (No. 669.)

Amendatory of the several acts relating to the town of Greensborough.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Commission*
from and after the first day of January next the commissioners of the town of Greens- town of
borough, and of the academy for the county of Greene, shall be separate and distinct, and oTthe °

and that all funds now in the hands of, or possession of the joint commissioners of both, academy,

7 r ° 7 made separate

which of right belong to the county academy, shall, immediately after the said first day and distinct,
of January next, be delivered over to the commissioners of said academy herein after
appointed. sj

Sect. 2. And be it further enacted by the authority aforesaid, That EzekielE. Parke, Commission-

• crs of* s£iid

Thomas Wingfield, Ebenezer Torrence, Nicholas Lewis and James F. Foster be, and aCademy ap-

they are hereby appointed commissioners of the academy aforesaid. pointed.

Sect. 3. And be it further enacted by the authority aforesaid, That it shall be the duty Roads leading

-f-pOTTI coifi

of the commissioners of the town of Greensborough to cause all the public roads leading town duty

to and from said town to be worked on and kept in repair, to the distance of one mile *J™ powers of

r i ' the commis-

from the limits of the corporation thereof, in the manner prescribed by the road laws of sioners with

regard there-
this state; and for this purpose said commissioners shall have the control of all the hands to.

liable to work on the public roads, who reside in said town, or within the distance of one

mile as aforesaid.

1Q22 TOWNS. (GREENSBOROUGH. 1816.)

(No. 669.) Sect. 4. And be it further enacted'by the authority aforesaid, That all laws and part=
Repealing of laws militating against this act shall be, and the same are hereby repealed.

CitiUSC*

BENJAMIN WHITAKER,

Speaker of the House of Representatives ,

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor,

(No. 670.) AN ACT

Amendatory of the several laws now in force, extending the powers of the Commis-
sioners of the town of Greensborough.

Preamble. WHEREAS, it has been found impracticable for the commissioners of said town of

Greensborough to preserve good order and government within the corporate limits there-
of, for" the want of more extensive and salutary powers ; for remedy whereof,

Commission- Sect. 1. BE it enacted by the Senate and House of Representatives of the state of^Geor-

boro' may pass gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
flfct pains^nd tne commissioners of said town, who are appointed, and who may be hereafter appointed
penalties, &c. by ^g provisions of former laws now in force, shall have full power and authority to

make such bye-laws and regulations, and to inflict or impose such pains and penalties as
Proviso. shall be conducive to the good order and government of said town : Provided, that such

bye-laws and regulation's be not repugnant to the laws «and constitution of this state, or

the United States.

Said commis- Sect. 2. And be it further enacted, That it shall and may be lawful for the said com-

sioners, or a
majority

' f missioners, or a majority of them, annually, or oftener if -occasion may require, to make,

tbem, may as- Jay or assess one or more rate or rates, assessment or assessments, upon all and everv
sess taxes. ; '

person or persons, who do or shall inhabit, hold, use or occupy, possess or enjoy any

lot, ground, house or 'place, building, tenement or hereditament, in any square, street or

place, within the corporate limits of the town of Greensborough aforesaid, for raising

such sum or sums of money as the said commissioners, or a majority of them shall, in their

*~m*±*.... ..^ ■.,.... ...

TOWNS. (GREENSBOROUGH. 1819.) 1023

discretion, judge necessary for, or towards carrying this act into execution ; and in case (No. 670.)
of refusal or neglect to pay such rate or assessment, the same shall be levied and re-
covered in the manner herein after directed : Provided, that no such rate or assessment Proviso,
shall be appropriated to the payment of the president or commissioners for their services,
but they shall serve in their said appointments without fee or reward.

Sect. 3. And be it further enacted, That all rates and assessments, pains, penalties or Assessments,
forfeitures laid or incurred under this act, shall be levied and recovered by warrant of forfeitures,
distress and sale of the offender's goods, under the hands and seals of the president, or nowcollected
a majority of the commissioners of said town of Greensborough.

Sect. 4. And be it further enacted, That the said president and commissioners, by their Said commis-
sioners shall

secretary, advertise twice a y"ear in said town, an account of the expenditures of all advertise se-
monies which they shall receive by virtue of this act, for the information of the inhabi- an account of
tants of said town. their expends

tures.

Sect. 5. And be it further enacted, That the commissioners of said town, for the time Shall have the
being, and their successors in office, are hereby vested with the powers and authority of tices of the
justices- of the peace within the limits of said town of Greensborough, during the time \^? m
that they act as commissioners. ->#mmm4J|

' • * * -**' ■■ ,

Sect. 6. And be it further enacted, That on all sales made by vendue masters withih Vendue mas-

tcrs in. S3, icl

the corporation of the said town of Greensborough, such vendue master or masters shall town to pay

pay over to the commissioners of the. Greene county academy, one per centum on the onetnDes L^nt

amount of such sales made by them, for the use of said academy. . ■ of their sa*es

J . J to the com-

missioners of
the academy 0f the county.

•

Sect. 7. And be it further enacted^ That all laws or parts of laws militating against Repealing
is law be, and the same are hereby repealed.

DAVID ADAMS,
Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.,
Assented to, 29th November, 1819.

JOHN CLARK, Governor,

■^- *-

1024

TOWNS. (IRWINTON. 1816.;

IRWINTON.

(No. 671. )

CJommission-
ei's of Irwin-
ton appointed.

They or a ma-
jority of them
may pass bye-
laws, &c.

Proviso.

Their continu-
ance in office.

Election of
commissioners
to take place
annually on
the 1st Mon-
day in Janua-
ry.

Provision in
case no elec-
tion shall be
held on the

AN ACT*
To incorporate the town of Irwinton, in the county of Wilkinson

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by thg authority of the same, That
Solomon Worrel, David Roland, Adam Hunter, Peter McArthur and William Beck7
shall be the commissioners of said town; and they and their successors in office, or a
majority of them, shall have full power and authority to pass all bye-laws and regula-
tions which may be necessary for improving and repairing the public square, .streets and
springs of said town, and the promotion of public good : Provided, that such bye-laws
and regulations shall not be repugnant to the constitution and laws of this state ; antl
that no penalty thereby imposed, shall extend to corporal punishment, (except on slaves
or persons of colour:) And provided also, that said commissioners shall not impose any
poll tax upon the citizens of said town, which shall exceed one dollar within the term of
one year.

Sect. 2. And be it further enacted, That the said commissioners shall continue in
office until the first Monday in January, eighteen hundred and eighteen, on which day,
and on the first Monday in every January thereafter, all the free male white citizens of
said town, who shall be entitled to vote for members of the General Assembly, shall
assemble at the court-house of said county, and by ballot elect five other commissioners,
who shall continue in office for one year ; and in case it should so happen, that such
election should not be held on the day required by this act, that the commissioners then
in office, shall continue until such election may take place.; at which election, any two

* Amended by act of 1817, No, 672.

ttftaM

^amm^^

TOWNS. (IRWINTON. 1816, 1817.) IQ25

justices of the peace for said county, not a candidate, shall preside : Provided neverthe* (No. 671.)
less, that said commissioners shall be re-eligible to said appointments. scribed6

Proviso,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 4th December, 1816.

D. B. MITCHELL, Governor.

AN ACT (No. 672.)

To amend Jin act to incorporate the Town of Irwinton, in the county of Wilkin-
son, passed the 4th December, 1816.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Vacancies

. . how filled.

in all cases where a vacancy shall take place by death, resignation or otherwise, of any

of the commissioners of the said town of Irwinton, the vacancy shall be filled by an
election for a successor ; which election shall be advertised by any two justices of the
peace for said county, giving ten days previous notice at the court-house in said county,
and the person so elected shall be a commissioner of said town, until successors are
elected agreeably to the law to which this is amendatory.

Sect. 2. And be it further enacted, That the corporation of said town shall extend Limits of the
the distance of four hundred yards, each and every way from the court-house in said
town.

BENJAMIN WILLIAMS,
Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

6 P

1026

TOWNS. (CLINTON. 1816.)

CLINTON.

No. 673.)

AN ACT

To incorporate the Town of Clinton, in the county of Jones, and for the appoint-
ment of Commissioners for the better regulation and government of said town.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

Commission- gia, in Ge7?eral Assembly met, and it is hereby enacted by the authority of the same, That

ers of the

town of Clin- James Jones, Zachariah Pope, James Sapfold, Ebenezer J. Bowers, John Mitchell, Bolar

Allen and Jonathan Parrish, be commissioners of said town ; and they and their suc-

Their powers, cessors in office, shall have full power and authority to pass all bye-laws and regulations

which may be necessary, and inflict or impose such fines, penalties and forfeitures, and

to do such other incorporate acts as in their judgment shall be conducive to the good

order and government of the said town of Clinton, and for the prevention of vice and

Proviso. other immoralities : Provided, such bye-laws and regulations be not repugnant to the

constitutional laws of this state.

Continuance
in office.

An election
for commis-
sioners to be
held annually.

Who shall
preside there-
at.

Proviso.

Vacancies,
how filled.

Sect. 2. And be it further enacted, That the said commissioners shall hold their re-
spective appointments hereby given them, until the first Tuesday in January, eighteen
hundred and eighteen, at which time, and on every subsequent year thereafter, the citi-
zens of the town of Clinton, entitled to vote for members of the General Assembly,
shall choose by ballot, seven persons to succeed them as commissioners, at which elec-
tion, two justices of the peace, or two justices of the Inferior Court for said county,
shall preside as judges of said election : Provided always, that nothing herein contained
shall be so construed as to prevent the present named commissioners, or their successors
in office, from being eligible to serve, if re-elected ; and in case any vacancy shall be
occasioned by death, resignation or otherwise, the vacancy shall be filled by election,
ten da\s previous notice being given, in writing, by two or more of the commissioners,
at two or more of the most public places in said town.

Jurisdiction of Sect. 3. And be it further enacted, That the powers confided to this corporation
the corpora- ..'-,. ~ *

tion. shall not exceed or extend beyond the limits of the said town of Clinton, and the lands

belonging thereto.

* ■-**-*-

TOWNS. (APPLING. 1816.) 1027

Sect. 4. And be it further enacted, That any law militating against this act be, and (No. 673.)
the same is hereby repealed. clause. "^

BENJ AMIN< WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 4th December, 1816.

D. B. MITCHELL, Governor.

* '

APPLING.

AN ACT (No. 674.)

To appoint Commissioners for the better regulating and government of the Village
of Appling, and for incorporating the same.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That from and after Commission-

. . ers of the vil-

the passing of this act, the following persons, to wit: Garah Davis, John W. Liggon, iage of Ap-

George Gary and William E. Offutt be, and they are hereby appointed commissioners fi?**

of the village of Appling, in the comity of Columbia; and that they, or a majority of who shall ap-

them shall, immediately after the -passing of this act, convene at Columbia court-house, gary 0fficers,

and proceed to the appointment of a clerk, and such other officers as they may deem

necessary to carry this act into execution.

Sect. 2. And be it further enacted, That the said commissioners shall hold their Continuance

respective appointments hereby given them, until the first Monday in January, 1818, at gaicl comm;s.

which time, and on every subsequent year thereafter, the citizens of the village of sloners-

, ' •'. ° An election

Appling, entitled to vote for members of the General Assembly, shall choose by ballot for commis-

four persons to succeed them as commissioners of said village ; and they shall have, held annually.

and they are hereby vested with full power and authority to make all such bye-laws and Their powers.

regulations, and inflict or impose such pains, penalties and forfeitures, and do all other

6 P 2

■■tn 1 1

1Q28 TOWNS. (APPLING. 1816.)

(No. 674.) incorporate acts, as in their judgments shall be conducive to the good order and go-
Proviso, vernment of the said village of Appling : Provided, that such bye-laws and regulations
Proviso. be not repugnant to the laws and constitution of this state : And provided also, that the
punishment on slaves shall not extend to the affecting life, limb or member.

Limits of the Sect. 3. And be it further enacted by the authority aforesaid, That the limits or
extent of the corporation shall extendi three hundred yards north of the court-house of
said county, and the same distance east, south and west of the same, forming a square
as near as may be, around the said court-house.

Two or more Sect. 4. And be it further enacted, That any two or more justices of the peace for

peace to pre- tne county of Columbia are hereby authorized and required to preside at such election

el ctk>n ^or commiss*oners aforesaid ; that nothing herein contained shall be so construed as to

Commission- prevent the re-election of any commissioner, pursuant to this act.
ers re-eligi-
ble.

Provision in Sect. 5. And be it further enacted, That should there be no legal election held on

tion should be the days pointed out by this act, for that cause this act of incorporation shall not be

day prescrib- vol&-> Dut an election may be held on any oth'er day after ten days notice, within three

ed- months.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 12th December, 1816.

D. B. MITCHELL, Governor.

. i ... . , . v .... .. _, . ..._. — . . ._ ,, ....

TOWNS. (POWELTON. 1816.) 1029

POWELTON.

AN ACT* (No- 6750

For the better regulation and government of the Town of Powelton, in the county

of Hancock.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, That Sampson Duggar, Reuben T. Battle, Thomas Commission-

crs of the
Crowder, Nicholas Childers, Charles Williamson, Charles W. Callier and Stephen townofFow-

Weston be, and they are hereby appointed commissioners of the town of Powelton, ^d°n aPPoin "
and that they, or a majority of them shall, immediately after the passing of this act, Who shall ap-
convene and proceed to the appointment of a chairman, clerk, treasurer, and town con- man and other
stable, and such other officers as they may deem necessary to carry this act into exe-
cution.

officers.

Sect. 2. And be it further enacted by the authority aforesaid, That the said commis- Continuance

sioners shall hold their respective appointments hereby given until the second Monday sai(i commis.

in January, eighteen hundred and eighteen, at which time, and on every subsequent se- Sl0ners-

m . . An annual

cond Monday in January thereafter, the citizens of Powelton, entitled to vote for mem- election to be

bers of the General Assembly, shall convene at the male academy in said town, and commission-
there, between the hours of nine and three o'clock of the same day, proceed by ballot f1? s
to the choice of seven freeholders, as commissioners of said town ; and where a vacancy Vacancies,
shall happen by death, resignation or otherwise, the commissioners in office, or any
two of them, shall advertise an election to fill such vacancy, by giving at least ten days
notice, at two or more of the most public places in said town, of the time and place of

holding such election; which electiifh, and all others for commissioners of said town, Who shall su-
perintend the

shall be superintended by two freeholders belonging to the town. elections.

Sect. 3. And be it further enacted. That the commissioners of said town, or a maio- General pow-

. . ers of said

rity of them, shall be vested with full power and authority, from time to time, to make, commission-

ordain and establish such bye-laws, rules and regulations respecting the streets, public

Repealed. See act of 1819, No. 677,

1030

TOWNS, (POWELTON. 1816.)

(No. 6/5.) buildings, tippling shops, retailers of spirits, public houses, the regulation of disorderly-
persons, negroes, and in general every other bye-law or regulation that shall appear to
them requisite and necessary for the security, welfare and convenience of said town, or
for preserving peace, order and good government within the same ; and the said commis-
sioners, or a majority of them, shall also be vested with full power and authority to
make such assessment on the inhabitants' of said town, or those who hold taxable pro-
perty within the same, for the benefit, convenience and advantage of said town, and to
affix and levy fines for all offences committed against the bye-laws, rules and ordinances
of said town : Provided, that such bye-laws, rules and ordinances, be not repugnant to
the laws and constitution of said state.

Assessment
of taxes.

Fines.
Proviso.

Duties and
power of the
clerk and
town consta-
ble.

Sect. 4. And be it further enacted by the authority aforesaid, That the clerk of said
commissioners shall be vested with full power and authority to issue all precepts and
process necessary and proper to carry the bye-laws, rules and ordinances of said com-
missioners into execution, which said precepts or other process issued as aforesaid, shall
be served or executed by their constable, whose duty it shall be to make a return, from
time to time, as the said commissioners, or a majority of them, shall order and direct, of
all warrants, precepts or other process placed in his hands, with his actings and doings
thereon.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

Assented to, 13th December, 1816,

President of the Senate,
J *

D. B. MITCHELL, Governor,

"*— ----' ^*fc^

TOWNS. (POWELTON. 1817.) 1031

AN ACT* (No. 6/6.)

To amend an act, entitled An act for the better regulation and government of the
Town of Powelton, in Hancock county, jiassed the 13th day of December,
1816.

WHEREAS, it has been found by experience that considerable difficulties have already Preamble,
been encountered by the commissioners of Powelton, in their corporate capacity, because
the limits of said village were not denned by the act to which this is intended as an
amendment ; for remedy whereof,

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and by the authority of the same, That the commissioners of Commission-

crs of tli 6
said town shall have power to lay out and define the limits of the same, and cause an town of Pow-

accurate survey to be made, so as to include such houses and lots as they may deem ize^to'iayout

necessary and proper ; and a fair and correct copy of the plan of the said town shall be and define the

kept by the commissioners for the inspection of all persons who may be concerned Copy of the

therein. And the commissioners of said town shall have power to enforce all such rules P °t £

and regulations within the same, as are set forth in the above recited act, any law to the kePt by tne

commission-
contrary notwithstanding. ers.

General
power.
BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 1817.

WILLIAM RABUN, Governor.

*
Repealed. See next act,

1032 TOWNS. (EATONTON. 1816.)

(No. 677.) AN ACT

To repeal an act, entitled An act for the better regulation and government of the
Town of Powelton, in the county of Hancock, passed the 1 3th day of December,
1816 ; and an act, entitled An act amendatory of the aforesaid act, passed the
19th day of December, 1817.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor
a, in General 1
om and immec
hereby repealed.

Repealing1 g-ia, in General Assembly met, and it is hereby enacted by the authority of the same, That
from and immediately after passing this act, the above recited acts be, and they are

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 21st December, 1819.

JOHN CLARK, Governor.

EATONTON.

(No. 678.) AN ACT*

To alter and amend An act to regulate the Town of Eatonton, passed the twelfth

December, eighteen hundred and nine.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

Commission- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That

ers of Eaton- ' . ; .- V ■ - .

ton authorized the commissioners of the town of Eatonton shall have full power and authority to pass

polHa^upon sucn bye-laws and regulations as they may deem necessary for imposing and collecting

* See the next act, respecting; vacancies of commissioners.

i) ii i in i ifiUift

TOWNS. (EATONTON. 1816.)

103

a poll tax upon the citizens of said town, and also a tax upon all property, real and per- (No. 678.)

sonal, and stock in trade in the said town ; and the said commissioners shall have power thf "iV1^1^
J l ants thereof,

and authority to appoint such officers as they may deem necessary, for the purpose of en- and upon real

and personal
forcing and collecting such taxes in the most summary manner : Provided, such poll tax property

shall not exceed the sum of fifty cents, and such tax on property shall not exceed twenty- ,,

five cents for every hundred dollars value thereof, within the term of one year.

Sect. 2. And be it further enacted, That the said commissioners shall have power to May pass bye-

, - ii-i i ..... - laws to com-

pass any bye-laws and regulations they may deem necessary, requiring the citizens ot pei tne mna_

said town to return, on oath, to the officer to be appointed as aforesaid, the" amount of tlfrants to. fu"

taxable property and stock in trade, by them and each of them holden in the town afore- the amount of

x r J * .j J their taxable

said ; and in case of any citizen refusing to make such return, to cause the tax to be property.

assessed and collected in such manner as they may prescribe. efaulters.

Sect. 3. And be it further exacted, That the said commissioners shall have full power
to impose a tax upon all shows, exhibitions and show-men, performing in said town, for
the purpose of gain ; also upon all gaming tables and games of hazard, as may be esta-
blished, opened or played in the said town ; and to proceed to the collection of the same
in such summary manner as may be prescribed in the bye-laws and regulations of said
town : Provided, that the tax so to be imposed upon shows and show-men, shall not ex-
ceed ten dollars for each day's exhibition or performance ; and that the tax so to be imposed
upon gaming tables and games of hazard, shall not exceed fifty dollars for each day that
the same may be established, opened or played in said town ; and in case any person or
persons, who are liable for the same, shall refuse to pay any tax imposed or assessed by
any bye-law or regulation of said town, in pursuance of the authority of this act, then,
and in that case, the commissioners of said town, or a majority of them, shall, and they
are hereby authorized to issue their warrant, directed to any officer, to be by them ap-
pointed, requiring him, by levy and sale of the goods and chattels of the person or per-
sons so refusing, to make the amount o*f the tax so imposed or assessed, and all lawful
cost :„ Provided, such cost shall not exceed the costs allowed by law to justices of the
peace and constables, in like cases : And provided also, that sales to be made by virtue
of such warrant shall be advertised at least ten days, at the court-house in said town.

May tax
shows, show-
men, gaming,
tables, &c.

Proviso.

Proceedings
against per-
sons refusing
to pay any
tax imposed
under the au-
thority of this
act.

Proviso.

"Sect. 4. And be it further enacted, That the commissioners of said town shall have Patrols,

. . power of the

power and authority to pass any bye-laws and regulations, necessary to cause to be esta- commissioners

Wished and enforced a strict patrol, either by day or by night, within the limits of said thereto^

town ; and in case of neglect or refusal, in any citizen of said town, to comply with the

bye-laws and regulations to be by the said commissioners ordained and established upon

this subject, that the said commissioners, or a majority of them, may proceed to fine

such citizen, and to collect such fines, as is herein before prescribed for the collection of

6 Q

1034

TOWNS. (EATONTON. 1816.)

(No. 678.) taxes : Provided, that the fines to be imposed, in virtue of the power derived under this
Proviso. act? shall not exceed five dollars for each case of neglect or refusal.

Taxes and
fines to be ap-
propriated to
the repair and
improvement
of the public
springs, &c.

Sect. 5. And be it further enacted, That the said commissioners do, and they are
hereby authorized to appropriate all taxes and fines imposed, assessed and collected, in
virtue of any bye-laws or regulations adopted in pursuance of the authority given in
this act, to the repair and improvement of the public springs, square and streets of said
town, and to the preservation of the houses of said town from fire, in such manner as
they, or a majority of them, may deem most conducive to the interest and safety of the
citizens.

Said commis-
sioners au-
thorized to
remove ob-
structions and
nuisances.
Proviso.

Sect. 6. And be it further enacted, That the said commissioners shall have power
and authority to remove, or cause to be removed, any building, piaz*zas, posts, steps, or
other obstructions and nuisances, in the public square or streets of said town : Provided,
that in all cases, before they proceed to remove, or cause to be removed, any such ob-
structions or nuisances, they shall give to the person or persons who inhabit, occupy or
claim the same, sixty days notice of such their intentions.

No penalty to
extend to life,
limb, or cor-
poral punish-
ment of any
white person.

Town mar-
shal.
Proviso.

Sect. 7. And be it further enacted, That no penalty imposed by the bye-laws and
regulations of the said town of Eatonton, shall extend to -life, limb or corporal punish-
ment of white persons ; and that the commissioners of said town shall have power to
appoint a town marshal, for the purpose of carrying into execution any bye-laws and
regulations ordained and established by them : Provided, that such bye-laws and regu-
lations be not repugnant to the constitution and laws of this state.

Repealing

clause.

Sect. 8. And be it further enacted, That all laws or parts of laws militating against
this act be, and the same are hereby repealed.

Assented to, 13th December, 1816.

BENJAMIN WHITAKER,

Speaker of 'the ^House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

Ji...^.-J.^-, .-.,- —^

TOWNS. (SPARTA. 1816.) 1035

AN ACT (No. 679.)

To amend An act, passed the twelfth December, eighteen hundred and nine, to regu-
late the Town qfEatonton, in the county of Putnam.

* * *

Sect 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Vacancies, &c.
from and immediately after the passage of this act, if any commissioner or commissioners, commissioners
that may be elected agreeable to the above recited act, shall refuse to accept, or when EatontoiThow
any vacancy shall happen by death, resignation or otherwise, it shall be the duty of the fiUed.
justices of the Inferior Court of said county to order an election to fill such vacancy or
vacancies, by giving ten days notice, in three or more public places in said town, any
law to the contrary notwithstanding.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 9th December, 18T9.

a JOHN CLARK, Governor.

SPARTA

AN ACT (No. 680.)

To alter and amend an act, entitled An act for the better regulation and govern-
ment of the Town of Sparta, in the county of Hancock, passed on the 3d De-
cember, 1805.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Commission-
Oliver Skinner, William G. Springer, John Binion, Hugh Taylor, Elias Boyer, Charles town of Sparta
E. Haynes and Jacob P. Turner be, and they are hereby appointed commissioners of aPPointe(l°

the town of Sparta, and that they, or a majority of them, shall, immediately after the

6 Q2

j 03 6 TOWNS. (SPARTA. 1816.;

, ■ ___ !

(No. 680.) passing of this act, convene and proceed to the appointment of a clerk, and such other

Who shall officers as they may deem necessary to carry this act into execution.

appoint a J J *

clerk, &c.

Continuance Sect. 2. And be it further Enacted by the authority aforesaid, That the said commis-

sioners shall hold their respective appointments hereby given until the second Monday
in January, eighteen hundred and eighteen, at which time, and on every subsequent
Election of second Monday in January thereafter, the citizens of Sparta, entitled to vote for men»-
ers, time and bers of the General Assembly, shall convene at the court-house, and there, between the
mo e t iereo . __ours Qf n_ne ______ three o'clock of the same day; proceed by ballot to the choice of

Vacancies, seven freeholders as commissioners of said town ; and where a vacancy shall happen bv
how filled. , . . . . , "

death, resignation or otherwise, the commissioners m omce, or any two or them, shall

advertise an election to fill such vacancy, by giving at least ten days notice, at two or

more of the most public places in said town, of the time and place ofnolding such elec-

Who shall su- tion ; which election, and all others for commissioners of said town, shall be* superintended

elections. and conducted by two freeholders belonging to the town.

Commission- Sect. 3. And be it further enacted, That the commissioners of said town, or a ma-

bye-laws, &c. jority of them, shall be vested with full power and authority, from time to time, to make
and establish such bye-laws, rules and ordinances respecting the streets, public buildings,
markets, public houses, public pumps or wells, the regulation of disorderly people^ ne-
groes, and in general every other bye-law or regulation that shall appear to them neces-
sary for the security, welfare and convenience of said town, ®r for preserving peace.

May impose order and good government within the same ; and the said commissioners shall also be
vested with full power and authority to make such assessments on the inhabitants of
Sparta, or those who hold taxable property within the same, for the safety, benefit, con-

And fines for venience and advantage of said town, as shall appear to them expedient, and to affix and

ni'CEir ii€*s ox

the bye-laws, levy fines for all offences committed against the bye-laws of the said tpwn ; and they are

also herebv authorized to allow such town officers as they may appoint, such fees and
Compensation J J J f x

of their offi- compensation as maybe allowed by existing laws to justices of the peace and constables,

cers

Proviso m similar cases : Provided, that nothing herein contained shall authorize them to make

any bye-laws repugnant to the constitution or laws of the land.

Repealing Sect. 4. And be it further enacted, That all laws or parts of laws militating against

this act be, and the same are hereby repealed.

BENJAMIN WHITAKER,
, Speaker of the House of Representatives.

WILLIAM RABUN,

President of the >$era:r
Assented to, 13th December, 1816.

D, B. MITCHELL, Governor.

TOWNS. (LEXINGON. 1816.) 1037

LEXINGTON

• AN ACT (No. 681.)

* * •

To amend an act, entitled An act to regulate the Town of Lexington, passed on the

twenty-fourth day of November, eighteen hundred and six, and an act to amend

the same, passed on the' twenty -seventh day of November, eighteen hundred and

seven, and for other purposes.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Power of tax-
the commissioners of the said town of Lexington shall have full power and authority to in the com-
pass such bye-laws and regulations, as they may deem necessary for imposing and col- Lexington
lecting a poll tax upon the citizens of said town, and also a tax upon all property, real
and personal, and stock in trade in the said town : Provided, such poll tax shall not exceed Proviso,
one dollar, and such tax on property shall not exceed twelve and a half cents for every
hundred dollars value thereof, within the term of one year.

Sect. 2. And be it further enacted, That the said commissioners shall have power Said commis-
tnd authority to appoint such officers as they may deem necessary, for the purpose of appoint offi-
enforcing and collecting any such taxes, in the most summary manner. jTv^tax00 C°

• »

Sect. 3. And be it further enacted, That the said commissioners shall have power to May pass bye-

ii i i • 1 i • • i • • r laws to com"

pass any , bye-laws and regulations tney may deem necessary, requiring the citizens ot pel returns, on

said town to return, on oath, to the officer to be appointed as aforesaid, the amount of £k property

taxable property and stock in trade by them, and each of them, holden in the town of

Lexington ; and in case of refusal in any citizen to make such return, to cause the tax to Defaulters,

be assessed, collected in such manner as they may prescribe.

Sect. 4. And be it further enacted, That the said commissioners shall have full May tax

, , . it i ? -i • ■ ii shows, exhibi

power and authority to impose a tax on all shows, exhibitions and show-men, per- t;ons show-
forming in the said town, for the purpose of gain, and also upon all gaming tables and ^f!1' ^a<£!!n^
games of hazard as may be established, opened or played in said town, and to proceed
to the collection of the same, in such summary manner as may be prescribed in the
bye-laws and regulations of said town : Provided, that the tax so to be imposed upon Proviso,

II^

1033 TOWNS. (LEXINGTON. 1816.)

(No. 661.) shows and show-men shall not exceed ten dollars for each day's exhibition or per-
formance, and that the tax so to be imposed upon gaming tables and games of hazard,
shall not exceed ten days dollars for each day that the same may be established, opened
or played in said town.

Proceedings Sect. 5. And be it further enacted, That in case any person or persons, who are
against any liable for the same, shall refuse to pay any tax to be imposed or assessed by any bye-
shall refuse to ]aw or regulation of said town, in pursuance of the authority of this act, then and in
pay any tax ,

imposed in that case, the commissioners of said town, or a majority of them, shall, and they are
tlii^act! herebv authorized to issue their warrant, directed to any officer to be by them ap-

pointed, requiring him, by levy and sale of the goods and chattels of the person or per-
sons so refusing, to make the amount of the tax so imposed ; and said officer shall re-
ceive such fees as are allowed by law to justices of the peace and constables, in similar
Proviso. cases: Provided, that all sales to be made by virtue of such warrant, shall be adver-

tised at least ten days, at the court-house door in said town.

Patrols, pow- Sect. 6. And be it further enacted, That the commissioners of said town shall have

ers of the power and authority to pass and ordain any bye-laws and regulations necessary, to cause

ers with re- to De established and enforced a strict patrol, either by day or by night, within the limits
gard thereto.* . ms

of said town ; and in case of neglect or refusal, in any citizen of said town, to comply'

Avith the t>ye-laws: and regulations to be by the said commissioners ordained and esta-
Wished upon this subject, that the said commissioners, or a majority of them, may pro-
ceed to fine such citizen, and collect such fine as is herein before prescribed for the col-
Proviso, lection of taxes : Provided, that the fines to be imposed in virtue of the power derived
under this act, shall not exceed five dollars for each case of neglect or refusal.

Said commis- Sect. 7. And be it further enacted, That said commissioners shall have power and
pasTby ™laws authority to pass all bye-laws and regulations, necessary to compel the citizens of said

&c to compel town and other persons resident therein, and liable by the laws of this state to work on

the citizens, - %

&c. of said the public roads, to labour on the public spring, streets and square of said town, and in

town to work it- i -i *r i •

upon the such manner and at such times as they may prescribe, tor the improvement, repair and

springs' and preservation thereof: and in case of refusal or neglect in any citizen or other person so
public square. iiaDle as aforesaid, the said commissioners, or a majority of them, may proceed to im-
pose a fine upon such citizen or other person, (of in case of slaves, upon the owner or
employer of such slave or slaves,) and to collect such fine in the manner prescribed in
Proviso. the preceding section of this act : Provided, any such fine to be imposed in virtue of

this section, shall not exceed two dollars for each case of neglect or refusal.

Appropriation Sect. 8. And be it further enacted, That the said commissioners do, and they are
of the fines , , . . ' ft, ;•- " ,

and taxes. hereby authorized to appropriate all taxes and fines, imposed, assessed and collected in

»*flLJL

TOWNS. (LEXINGTON. 1816.) ^39

virtue of any bye-laws or regulations adopted in pursuance of the authority given in (No. 681.)

this act, to the repair and improvement of the public spring, square and streets of said

town, and to the preservation of the houses of said town from firre, in suoh manner as

they, or a majority of them, shall deem most conducive to the interest and safety of the

citizens.

Sect. 9. And be it further enacted, That the commissioners of said town, or a majority Town mar-
of them, shall have power to appoint a town marshal, for the purpose of carrying into ized to be
execution any bye-laws and regulations ordained and established by them. appoin e .

Sect. 10.* And be it further enacted, That the said commissioners shall have power to Removal of
, -i 1 m t ii obstructions

remove, or cause to be removed, any building, piazzas, posts, steps or other obstruc- and nuisances

tions and nuisances in the public streets or square of said town : Provided, that in all au onzec1,

1 Proviso,

cases, before they proceed to remove, or cause to be removed, any such obstructions or
nuisances, they shall give to the person or persons who inhabit, occupy or claim the
sante, thirty days notice of such their intentions.

Sect. 11. And be it further enacted, That no penalty, imposed by the bye-laws and Penalties of

the byedaws
regulations of the said town of Lexington, shall extend to life, limb or corporal punish- not to extend

ment of white persons, and that the commissioners of said town shall not pass any bye- or c'01'porai'

laws or regulations repugnant to the constitution or laws of this state. punishment of

0 x u white persons,

Sect. 12. And be it further enacted, That all laws and parts of laws, in any wise Repealing
militating against this act, are hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives .

WILLIAM RABUN, „ k »

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor,

*i*k

1040

TOWNS. (DANIELSVILLE. 1817.)

DANIELSVILLE

(No. 682.)

AN ACT*

To incorporate the Town of Danielsville, in the county of Madison.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

Commission- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That

ers of the

town of Da- James Long, Willis Towns and Joseph Vincen, Esqrs. shall be commissioners of said

pointed. town, and that they, and their successors in office, shall have full power and authority to

Who may pass pass all bye-laws and regulations which may be necessary for improving and repairing
the public square, streets and springs of said town, and the promotion of public good :

Proviso. Provided, that such bye-laws and regulations shall not be repugnant to the constitution

and laws of this state, and that no penalty thereby imposed shall extend to corporal

Proviso. punishment (except on slaves or persons of colour :) And provided also, that said commis-

sioners shall not impose any poll tax upon the citizens of said town, which shall exceed
one dollar within the term of one year.

Continuance
in office.

Commission-
ers to be
elected annu-
ally on the 1st
Monday in
January.

Provision in
case ho elec-
tion should be
held on the
day prescri-
bed.

Sect. 2. And be it further enacted by the authority aforesaid, That the said commis-
sioners shall continue in office until the first Monday in January, eighteen hundred and
nineteen, on which day, and on the first Monday in every January thereafter, all the free
male white citizens of said town, who shall be entitled to vote for members of the Gene-
ral Assembly, shall assemble at the court-house of said county, and by ballot, elect three
commissioners, who shall continue^in office for one year ; and, in case it should so hap-
pen that such elections should not be held on the day required by this act, that the com-
missioners then in office shall continue until such election may take place, at which elec-
tion any two justices of the peace for said county, not being candidates themselves, shall

See act of 1818, No. 683.

i ■

TOWNS. (DANIELSVILLE. 1817.) 1041

preside: Provided nevertheless, that the said commissioners shall be re-eligible to said (No. 682.)
appointments. Pl,°viso-

BENJAMIN WILLIAMS;
Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 27th November, 1817.

WILLIAM RABUN, Governor.

AN ACT (No. 683.)

To alter and amend an act, entitled An act for the better regulation of the Town
of Danielsville, in the county of Madison.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia., in General Assembly met, and it is hereby enacted by the authority of the same, That Power of tax-
the commissioners of the town of Danielsville shall have power and authority to pass the commis-
such bye-laws and regulations as they may deem necessary for imposing and colleting a n°Vel"iii
poll tax upon the citizens of said town : Provided, that such poll shall not exceed one proviso.
dollar on each and every person liable by law to pay a poll tax, and also the sum of
twelve and one half cents on every hundred dollars worth of property, subject to taxation
by the tax law of this state, for the term of one year.

Sect. 2. Be it further enacted, That the said commissioners shall have power to s.aid commis-
sioners au-
pass such laws as they may deem necessary, to require and direct the citizens of said thorized to

town to make a return upon oath, to such officer as may be by them appointed, to re- tUrns on oath

ceive the amount of taxable property by each of them owned or held in said town ; and °l tthe £mount

in case any citizen shall refuse to make such return, when called on for that purpose by property from

. the citizens of

the proper officer, then, and in that case, such defaulter shall be liable to pay such tax said town.

as may be assessed by said commissioners, from the best source of information they Defaulters
can obtain, with an addition of fifty per cent, on the amount of such tax, for such de-
fault or refusal.

Sect. 3. And be it further enacted, That the said commissioners shall have full power May tax

shows, exhi-

and authority to impose a tax on all shows, exhibitions and show-men, performing in bitions and

show-men,
6 R

1042

TOWNS. (DANIELSVILLE. 1818.)

(No. 683.) said town, for the purpose of gain : Provided, that such tax so imposed, shall not exceed
Proviso. ^g sum Q£ ten doling on each day's exhibition or performance.

Patrols, duty
and power of
the commis-
sioners with
regard there-
to.

Proviso.

Sect. 4. And be it further enacted, That the said commissioners shall have full power
and authority to appoint, from among the persons residing within said corporation, a
patrol or patrols for said corporation, at such time, and on such occasions, as they may
deem proper : Provided, that one person at least, composing such patrol or patrols,
shall be a slave-holder ; and that no punishment inflicted by such patrol or patrols, on
any slave or slaves, shall exceed moderate correction : Provided also, that all and every
person or persons, who shall refuse to do patrol duty, when required as aforesaid, shall,
without good excuse to be rendered to said commissioners, be fined in any sum not ex-
ceeding five dollars ; and the said delinquent shall have five days notice, in writing, of
the time and place of hearing said excuse.

Penalties
limited.

Sect. 5. And be it further enacted, That no penalty, by the bye-laws and regulations
of said town, shall extend to life, limb, or corporal punishment of any white person,
and that no slave shall receive more than thirty lashes for the single violation of any
bye-law or regulation of said town.

Persons refus-
ing1 to pay any
tax or fine,
and where no
property can
be found to
satisfy the
same, how
proceeded
asrainst.

Sect. 6. And be it further enacted, That where any tax has been assessed, or fine im-
posed, in conformity with this act ; and the person or persons against whom the same
is assessed or imposed, refuses or neglects to pay the same ; and when property cannot
be found by the proper officer to make the amount of said tax or fine, then, and in that
case, the said commissioners shall have power to order a capias ad satisfaciendum to issue
against such person or persons, and imprison them in the common jail of said county,
until the same is paid, or until the person or persons so confined, shall make oath be-
fore some one of the said commissioners, that they are unable to satisfy and pay the
same.

Appointment
of necessary
officers au-
thorized.

Sect. 7. And be it further enacted, That the said commissioners shall have power
and authority to appoint such officers as they may deem necessary, to enforce and exe-
cute such bye-laws and regulations as they may, from time to time, ordain and esta-
blish, and to collect all taxes or fines that may be in any case assessed or imposed, in
such way and manner as the said commissioners may direct.

Appropriation Sect. 8. And be it further enacted, That the said commissioners are hereby author-
arising from ized to appropriate all monies arising from taxation and fines imposed, assessed and col-
taxation and lected, by virtue of any bye-laws or regulations adopted in pursuance of the authority
given in this act, after defraying necessary expenses, to the improvement of the public
springs, wells, square and streets of said town, and to the preservation of the houses in

TOWNS. (DANIELSVILLE. 1818.; 1043

said town from fire, in such manner as they may deem most conducive to the interest (No. 683.)
and safety of the citizens of said town.

Sect. 9. And be it further enacted. That the powers vested by this act in the commis- A majority

. £ , shall consti-

sioners of said town shall extend to their successors 111 office, and a majority of them tute an effi-

shall, at any time, be as fully authorized to act as a board, as if the whole of the mem-
bers were present ; and when any vacancy shall take place in the board, by reason of Vacancies,

• '•• 1 • i "11 now fiUed.

the removal, resignation or death or any 01 the commissioners, that it shall and may

be lawful for the majority of the board to advertise, at the court-house door, an elec-
tion to fill such vacancy, giving at least ten days notice in said advertisement, when
such election shall be held.

Sect. 10. And be it further enacted, That the commissioners of said town shall, be- Said commis-
sioners to take
fore they enter upon the duties of their office, take and subscribe an oath, well and truly and subscribe

to perform the duties of commissioners for said town, and shall have power to adminis- ,' ..>.

ter such oath as may be necessary to a proper execution of their duties as commis- ter oaths.

sioners aforesaid.

Sect. 11. And be it further enacted, That the time for holding an election for com- Time and

mode of elect-

missioners of said town shall be on the last Saturday in December, annually, and all the ing commis-

sioners

citizens of said town that are entitled to vote for members of the state legislature shall

be allowed to vote at said election ; and in case any circumstance should at any time Provision in

C3.sc no dec*
occur, whereby the said commissioners should not be elected on the day pointed out by tion should

this act, then, and in that case, it shall and may be lawful for the commissioners of the *ake Place on

preceding year to advertise at the court-house door when said election shall be held, scribed in this

giving thereby at least ten days notice, and the commissioners so elected shall be deemed

and considered as lawful as if they had been elected on the day pointed out by this act.

Sect. 12. And be it further enacted, That no person but such as are freeholders shall Qualification
be eligible to hold or receive the appointment of commissioner of said town : and all laws sioners.
or parts of laws militating against this act be, and the same are hereby repealed. Repealing-

c.ause.

BENJAMIN WILLIAMS,
Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 17th December, 1818.

WILLIAM RABUN, Governor.

6R 2

1044

TOWNS. (LINCOLNTON. 1817.)

UNCOLNTON.

;No. 684.)

AN ACT

To incorporate the Town of Lincolnton, in the county of Lincoln.

Commission-
ers of the
town of Lin-
colnton au-
thorized to
pass bye-
laws, &c.

Proviso.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
Peter Lamar, Rem Remsom and Lewis Stovall, and their successors in office, shall have
full power and authority to pass all bye-laws and regulations which may be necessary
for the improvement and repairing the streets, springs and internal police of said town :
Provided nevertheless, that such bye-laws, rules and regulations shall not be repugnant
to the constitution of the United States and the constitution and laws of this state, and
that no penalty thereby imposed shall extend to corporal punishment, except to people of
colour, nor shall any tax upon the people of said town be imposed which shall exceed one
dollar on each poll for the same year.

Vacancies,
how filled.

Sect. 2. And be it further enacted, That where any vacancy in the commissioners of
said corporation shall happen by resignation, removal or otherwise, the commissioners
in office shall appoint some other person within the limits of said corporation to fill such
vacancy.

Appointment
of a clerk, &c.
authorized.

Commission-
ers in certain
respects jus-
tices of the
peace, ex
officio.

Their powers
of taxation,
lining1, &c.

Sect. 3. And be it further enacted, That the said commissioners, or a majority of them,
have power to appoint a clerk, marshal, and such other officer as they may deem neces-
sary to carry into effect all proceedings which they may adopt under the authority of this
act; and the said commissioners shall be ex officio justices of the peace, so far as respects
the carrying into effect the said act of incorporation, and they may impose fines for vio-
lations of their corporate rules, issue executions for fines and penalties, and for taxes,
and shall likewise have power to exact a tax on all public shows which may be at any
time exhibited or exposed to view for money within the limits of said corporation, which
shall be collected by the said marshal in the same manner as executions from the jus-
tices' courts.

May sue and Sect. 4. And be it further enacted, That the said commissioners shall be capable of

ae sued.

suing and being sued in their corporate capacity.

TOWNS. (SALEM. 18180 1045

Sect. 5. And be it further enacted, That the jurisdiction of the said incorporation shall (No. 684.)

extend to and comprehend one half mile each way from the court-house in said town. Jurisdiction of
r J the corpora-

tion,

BENJAMIN WILLIAMS,

Speaker of the House of Representatives .

MATTHEW TALBOT,

President of the Senate.
Assented to, 19th December, 181 7.

WILLIAM RABUN, Governor,

SALEM,

AN ACT (No. 685.}

To appoint Commissioners for the better regulating and government of the village
of Salem, and for incorporating the same.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Commission-
from and after the passing of this act, the following persons, to wit : John Floyd, Hope ^jjj ° JpSa.
H. Tigner and James Knott be, and they are hereby appointed commissioners of the lem appomt-
village of Salem, in the county of Clark, and that they, or a majority of them, shall
have the power to convene at any time after the passage of this act, and proceed to the who shall ap-
appojntment of a clerk, and such other officers as they may deem necessary to carry this &°m a c er '
act into execution.

Sect. 2. And be it further enacted, That the said commissioners shall hold their re- Theircontinu-
spective appointments hereby given them, until the first Monday in January, one thou-
sand eight hundred and twenty ; at which time, and on every subsequent year thereafter, Time and
the citizens of the village of Salem, entitled to vote for members of the General As- mg. Commis-
sembly, shall choose by ballot, three persons to succeed them as commissioners of said S10ners-
village; and they shall have, and they are hereby invested with full power and autho- Their powers.
rity, to make such bye-laws and regulations, and to inflict such pains, penalties and for-

1046 TOWNS. (WRIGHTSBOROUGH. 1818.)

(No. 685.) feitures, and do all other incorporate acts, as in their judgment shall be most conducive

Proviso. to the good order and government of the said village of Salem : Provided, that such

bye-laws and regulations be not repugnant to the laws and constitution of this state :

And provided also, that the punishment on slaves shall not extend to the affecting life,

limb or member.

Two or more Sect. 3. Ana be it further enacted, That any two or more justices of the peace, for

peace shall tne county of Clark, are hereby authorized and required to preside at such election

preside at the for commissioners as aforesaid ; that nothing herein contained shall be construed so as

saicl- . . to prevent the re-election of any commissioner pursuant to this act.

Commission-
ers re-eligible.

Provision in Sect. 4. And be it further enacted, That should there be no election held on the day

tion should be pointed out by this act, for that cause this act of incorporation shall not be void, but an

held on the election may be held on any other day within tl^ree months, a justice of the peace first

ed in this act. advertising in said village, ten days before said election.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 24th November, 1818.

WILLIAM RABUN, Governor.

WRIGHTSBOROUGH.

(No. 686.) AN ACT

To amend and explain the several acts heretofore passed in relation to the Town
and Common of Wrightsborough, in the county of Columbia.

Sect. 1. BE it enacted by the Senate and House of Representatives, of the state of
Commission- Georgia, in General Assembly met, That Thomas White, Tkomas Dooly, Henry Gib-
Wrightsbo- son> Jonn Hannon and Jeremiah Rees shall be, and they are hereby appointed commis-
roughappomt- sioners 0f the town and common of Wrightsborough, to continue in office until the

TOWNS. (WRIGHTSBOROUGH. 1818.) 1047

second Monday in May, one thousand eight hundred and nineteen, on which day, and (No. 686.)

on every second Monday in May thereafter, the lot-holders in the said town and com- anCeirin°office"

mon shall assemble in the said town, and elect five fit and discreet persons, as commis- Time and

sioners for the said town and common of Wrightsborough ; which said election shall jng commis-

sioners.

be superintended by any justice of the peace, and two freeholders of the county of Co
lumbia, which superintendants shall certify on the minutes of the board of commissioners
of the town and common of Wrightsborough, the five persons having the highest num-
ber of votes, as having been duly elected commissioners of the town and common of
Wrightsborough, which said certificate shall be received as evidence of such election
before any court of law or equity in this state.

Sect. 2. And be it further enacted, That should any vacancy or vacancies occur in Vacancies,
the said board of commissioners of the town and common of Wrightsborough, by death,
resignation or otherwise, it shall be lawful for any justice of the peace, and two free-
holders of the county of Columbia, after giving ten days notice, which notice shall be
stuck up at three or more public places in said town, to proceed to hold and superintend
an election to fill said vacancy or vacancies ; which said superintendants shall certify, on
the minutes of the board of commissioners of the town and common ot Wrightsbo-
rough, the person or persons having the highest number ol votes of the lot-holders in
the said town and common, as having been duly elected to fill such vacancy or vacan-
cies, which certificate shall be received as evidence of such election before any court of
law or equity in this state.

Sect. 3. And be it further enacted, That should an election not be holden at any time provision in

hereafter, for commissioners of the town and common of Wrightsborough, on the day £ase ^ ei^c/

and in the manner pointed out by the first section of this act, the corporation of the said neld on .tne

day and in the
town and common shall not be considered as dissolved ; but the commissioners may, manner pre-

at any time, be elected under the same regulations as are pointed out by this act for this act.

filling vacancies.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.
Assented to, 3d December, 1818.

WILLIAM RABUN, Governor,

1048

TOWNS. (JEFFERSON. 1818.)

JEFFERSON.

(No. 687.)

AN ACT*

To authorize the justices of the Inferior Court of Camden county to lay off such
street or streets as they may think proper, in the town of Jefferson, agreeably
to the plan of said toivn, for the health and prosperity of the same.

The justices
of the Inferior
Court of Cam-
den county
authorized to
lay off any
streets in the
town of Jef-
ferson.

Their power
and duty con-
cerning1 the
removal of
obstructions
in the streets
of said town.

Sect. 1. BE it enactedby the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
after the expiration of three months after the passing of this act, it shall be the duty of
the justices of the Inferior Court of Camden county to lay out such street or streets, or
any part of streets, in the town of Jefferson, as they may think proper for the health and
prosperity ol said town, agreeable to the plan of said town and the acts of the legislature;
and it shall be the duty of thejusticcc above mentioned to require, by advertisement at
the court-house door in said town of Jefferson, all intruders on the streets of the town of
Jefferson, to remove all obstructions in said streets ; and if any person shall neglect or
refuse to remove such obstruction or obstructions within three months after such public
notice is so given, he, she or they, so failing, shall forfeit and pay the sum of ten dollars
for each day such obstruction or obstructions in the said town and streets above men-
tioned shall so remain, and all such fines shall be recovered in any court having juris-
diction, there, by an action of debt, in the name of the said Inferior Court, which sum,
when so recovered, shall be applied to the use of the county funds.

Repealing
clause.

Sect. 2. And be it further enacted, That all laws or parts of laws heretofore passed
on this subject, which militate against this act be, and the same is hereby repealed.

Assented to, 19th December, 1818.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

WILLIAM RABUN, Governor.

* Repealed. See act of 1819, No. 688.

-■ —

TOWNS. (JEFFERSON. 1819.)

AN ACT

(No. 688;.

To make valid the 'proceedings of the Commissioners of Jefferson, Camden county,
and to repeal an act, passed December nineteenth, eighteen hundred and eigh-
teen, relative to the same.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia in General Assembly met, and it is hereby enacted by the authority of the same, That The recited
an act, passed on the nineteenth day of December, eighteen hundred and eighteen, enti-
tled An act to authorize the justices of the Inferior Court of Camden county to lay off
such street or streets as they may think proper, in the town of Jefferson, agreeably to
the plan of said town, for the health and prosperity of the same, be, and the same is
hereby repealed.

Sect. 2. And be it further enacted, That in future the management and entire con-
trol of the laying off streets, improving or repairing the same, in the said town, be,
and the same is hereby vested in the commissioners that now are or hereafter may be
in office, as commissioners of said town.*

s w m

Sect. 3. And be it further enacted, That the proceedings had and carried on by the
former commissioners of said town, under an ordinance, passed by them the thirty-first
of January, eighteen hundred and nine, be, and the same is hereby confirmed and made
valid in law. * # i * 4 ■

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate.

The control
of laying- off,
improving and
repairing
streets in- the
town of Jef-
ferson, vested
in the com-
missioners
thereof.
Certain pro-
ceedings of
the commis-
sioners con-
firmed. 4. >

Assented to, 30th November, 1819.

JOHN CLARK, Governor

Jk ■'■ ^*'

6 S

1050

TOWNS. (MALLORYSVILLE. 1819.)

MALLORYSVILLE

(No. 689.)

AN ACT

To appoint Commissioners for the better regulating and government of the village
of Mallorysville, and for incorporating tftg same.

Commission-
ers of the vil-
lage of Mal-
lorysville
appointed.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
from and after the passing of this act, the following persons, viz : William Mallory,
Benjamin Wootton, Simeon Fisk, Israel Kieth and Thomas Barnes be, and they are
hereby appointed commissioners of the village of Mallorysville, in the county of Wilkes,
and that they, or a majority of them, shall have the power to convene at any time after
the passage of this act, and proceed to the appointment of a clerk, and such other officers
a>s tKey nfay deem necessary to carry this act into execution.

Their conti- Sect. 2. And be it further enacted, That the said commissioners shall hold their

nuance iru« . . *. . . . . fc ■ * i '■***' ' , -' ■'■ ■•*

office. | respective appointments hereby given them, until the second Monday in January, one

rime ami thousand eight hundred and twenty-one ; at which time, and on every subsequent year

manner of . . „ '.- w' ... \

electing- com- thereafter, the citizens of the village of Mallory, entitled to vote for members of the

General Assembly, shall choose by ballot five persons to succeed them as commission-
Their powers, ers of said village ; and they shall have, and they are hereby invested with full power
and authority to make such bye-laws and regulations, and to inflict such pains, penal-
ties and forfeitures, and do all other incorporate acts as in their judgment shall be most
conducive to the good order and government of the said village of Mallory : Provided,
that such bye-laws and regulations be not repugnant to the laws and constitution of this
state : And provided also, that the punishment of slaves shall not extend to the affecting
of life, limb or member.

Proviso.

Extent of the
coloration.

Sect. 3. And- -be it further enacted, That the said incorporation shall extend one half
mile from the centre of the corporation each way, which centre is fixed on the Augusta
road, where Mr. Mallory's and John W. Freeman's lands cross said road.

Two or more Sect. 4. And be it further enacted, That any two or more justices of the- peace for
pe^e^requir-6 tne county of Wilkes, are hereby authorized and required to preside at such election for

TOWNS. (RICEBOROUGH. 1819.) lu51

commissioners as aforesaid; and that nothing herein contained shall be construed so as to (No. 689.)

prevent the re-election of any commissioner pursuant to this act. ed to. Preside

r j i at sa](j ejec=

tion.
m Commission-

Sect. 5. And be it further enacted, That should there be no election held on the day ersre"el'g'1Dle.

i • r • • Provision in

pointed out by this act, for that cause this act of incorporation shall not be void, but an case no elec-

election may be held on any other day within three months, a justice of the peace first onthedaV
advertising in said village, ten days before said election. prescribed in

DAVID ADAMS,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate.
Assented to, 9th December, 1819.

JOHN CLARK, Governor.

— -

RICEBOROUGH

AN* ACT (No. 690.)

To incorporate the village of Riceborough, in the county of Liberty, and for the
appointment of Commissioners for the better regulation and government of said
village.

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assembly
met, and it is hereby enacted by the authority of the same, That William Roberts, Wil- Commission-

GTS OT R.10G-

liam Baker, James E. Hines, Benjamin Mell, junr. and E. S. Kempton be commissioners borough ap-

of said village, and they, or their successors in office, or a majority of them, shall have Pointed-

full power and authority to pass all bye-laws and regulations which may be necessary,

and inflict or impose such fines, penalties and forfeitures, and do such other incorporate

acts, as, in their judgment, shall be conducive to the good order and government of the

said village, and for the prevention of vice and other immoralities : Provided, such bye- Proviso,

laws and regulations be not repugnant to the constitutional laws of this state,

6 S 2

1052

TOWNS. (RICEBOROUGH. 1819.

(No. 690.)

Their conti-
nuance in
office.
Time and
manner of
electing- com-
missioners.

Proviso.

Vacancies,
how filled.

'ok

Sect. 2. And be it further enacted, That the commissioners shall hold their respective

appointments hereby given them, until the first Monday in January, eighteen hundred

-
and twenty-two ; at which time, and on every subsequent year thereafter, the citizens of

the village of Riceborough, entitled to vote for members of the General Assembly, shall
choose, by ballot, five persons to succeed them as commissioners, at which election two,
justices of the peace, or two justices of the Inferior Court of said county, shall preside as
judges of said election : Provided always, that nothing herein contained shall be so con-
strued as to prevent the present named commissioners, or their successors in office, from
being eligible to serve, if re-elected; and in case any vacancy shall be occasioned by death,
resignation or otherwise, the vacancy shall be filled by election, ten days previous notice
being given in writing, by two or more df the commissioners, at one or more of the
most public places in said village. '

Limits or ju- Sect. 3. And be it further enacted, That the powers confided to this incorporation

the corpora- shall not exceed or extend beyond the limits of the said village, and the lands belonging
tion> thereto.

Sect. 4. And be it further enacted, That any. laws militating against this act be, and
the same are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

Assented to, 21st December, 1819.

JOHN CLARK, Governor.

• * *

TOWNS. (CARNESVILLE. 1819.) 1053

CARNESVILLE

AN ACT (No. 691.)

To alter and amend An act, passed in December, 1807, to incorporate the Toivnof
Carnesville, in the county of Franklin, and to extend the limits thereof.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia in General Assembly met, and it is hereby enacted by the authority of the same, That Five commis.

. . sioners of

from and immediately after the passing of this act there shall be five commissioners for carnesville

the incorporation of the town of Carnesville, viz. Green Smith, Frederick Bell, Hensly app<

M Pavne, Nathaniel Hollev and George Prickett, Esqrs. who shall continue in office Their contmu-

J ' y o i . ance m 0ffice-

until January, eighteen hundred and twenty-one, at which time, in that month, they Time and I

shall elect five commissioners, either out of their body -or any one else, and so on annu- ^ co?Tirais-°

ally, for every year thereafter ; they shall give ten days notice previous to such an elec- sioners.

tion, and all male white persons, entitled to vote for members of the legislature, living in

the district, shall be entitled to vote at such an election ; two justices of the peace

living in said district may preside : and the said commissioners shall have full power and Said commis-

. . sioners may

authority to make and ordain all such laws, rules and regulations as they may, in their pass bye-laws.

wisdom, deem necessary for keeping in repair the public streets, and having all obstruc-
tions removed, and having the public spring kept in good order : Provided, that such Proviso.
laws are not repugnant to the laws of this state and of the United States ; they shall not
inflict corporeal punishment on any white person, but may inflict corporeal punishmept on
people of colour, but not to dismember or take life. The commissioners shall have full May tax show-
power to impose a tax on all show-men that may come into the corporation in order to
make money ; and shall have full power to extend the limits of said corporation six hun- Limits of the
dred yards every way from the court-house, and have the public streets designated, and
all obstructions removed, and may impose a tax on the citizens of said incorporation, Their power

not to exceed more than one dollar for the term of one year ; they may appoint a clerk,

J J J rr ' Appointment

or any other person, to keep a record of all proceedings which they may adopt under of a clerk au-

, . . . -. . f. thorized.

the authority of this act: and that the commissioners ot the said village of Carnesville pian 0f said

be requested and authorized to have the plan of said town of Carnesville recorded in town \° I3?
^ x recorded in

the clerk's office of the Superior Court of Franklin county. the clerk's

office of the

Superior

Court.

. 1054 TOWNS. (CARNESVILLE. 1819.)

(No. 691.) Sect. 2. And be it further enacted. That all laws or parts of laws that militate against
Repealing fals act> ^ an(j faQy are hereby repealed.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.
Assented to, 21st December, 1819.

JOHN CLARK, Governor,

.• .

[ 1055 ]

UNIVERSITY.

AN ACT

To revise and amend an act, entitled An act for the more full and complete esta-
blishment of a Public Seat of Learning in this state, passed the 21th January,

1785.

Sect. 1.* BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met. and by the authority of the same. That the number of trustees Trustees of
5 ' _ , y ' u '7 J ' . the University

of the University shall be reduced to five, three of whom shall constitute a board to do reduced to

fi V c th re 6 of
business ; and should they, or either of them, fail giving attendance for two meetings of whom shall be

the board successively, the seat or seats of such member or members so failing to at- t^^& en
tend shall be considered as vacated, unless absent on business ; and it shall be the duty Vacancies
of the president of the University to report the same to the legislature, as well as all other
vacancies that may happen, by whom the same shall be filled, and no trustee shall receive
any compensation for his services as trustee.

Sect. 2. And be it further enacted, That Peter Earlv, Edward Paine, Stephen Upson, Trustees ap-
pointed.
John Griffin and William H. Crawford be, and they are hereby appointed trustees of

said University.

Sect. 3. And'be it further enacted, That the Governor for the time being, the presi- Board of visi-

dent of senate and speaker of the house of representatives, together with the senators tus Academi-

cus,

* This section repealed ; See act of 1816, No, 695, amendatory of the several acts relative to the Univer-
sity. See also act of 1817, No. 696,

1056

UNIVERSITY. 1811

(No. 692.) from each county, except from the county in which the speaker may reside, shall con-
stitute the board of visitors, who, together with the board of trustees, shall constitute and
form the Senatus Academicus, whose powers and duties shall remain as defined by this
act and the before recited acts, where they do not militate with this act.

Secretary and
treasurer to

Sect. 4. And be if further enacted, That the duties of secretary and treasurer of the

be one and board of trustees shall be done and performed by one and the same person, who shall be

son SamS PG1" aPPomted by the board of trustees ; he shall reside or keep his office at the University,

and shall be compensated for his services annually by said board of trustees ; ^and all

Officers, how other officers of' the university shall be appointed by the Senatus Academicus, and their
appointed, &c. ~

salaries regulated by the board ol trustees.

Meeting of
the Senatus
Academicus.

Trustees re-
quired to lay
before them
their proceed-
ings, &c. &c.

Sect. 5. And be it further enacted, That the Senatus Academicus shall meet at Mil-
ledgeville annually, on the second Monday in November, before whom the board of
trustees shall lay all their proceedings relative to the said University, together with a
true statement of their receipts and expenditures, which shall also contain the number
of students, their names, their different studies, and the amount of tuition money ; and
said proceedings and statements shall be by the Senatus Academicus laid before the
General Assembly.

Students al-
lowed to
board at any
place in the
town or its I
vicinity.
Proviso.

Examination
for degrees
regulated.

Sect. 6. ]And be it further enacted, That students of college shall be at liberty to
board at any place within the town or vicinity of Athens : Provided, they board with
moral, respectable families, of which the president of college shall judge.

Sect. 7. And be it further enacted, That the examination of the students of college
for degrees shall be conducted by three of the trustees, with the assistance of the pre-
sident and professors, or by three persons chosen by said trustees, who are considered
by them to be qualified to examine ; and that no student shall be suffered to graduate,
without the assent of two-thirds of said examiners.

* So much of this section as empowers the Senatus Academicus to appoint all officers, other than the se-
cretary and treasurer, is repealed by act of 1816, No. 695.
| This section is repealed. See act of 1816, section 2d.

UNIVERSITY. 1811, 18H. 1057

Sect. 8. And be it further enacted, That all laws or parts of laws that militate against (No. 692.)
this law be*, and the same are hereby repealed. clause, "^

ROBERT IVERSON,

Speaker of the House of Representatives ,

MATTHEW TALBOT,

President of the Senate,
Executive Department, Georgia.
Assented to, 16th December, 1811.

D. B. MITCHELL, Governor.

AN ACT (No. 693.)

To explain the 10th section of an act, entitled An act for the more full and com-
plete establishment of a Public Seat of Learning in this state, passed the 21th
day of January, 1785.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Students of

the University
from and immediately after the passing of this act, that all persons who are now, or who liable to do

may hereafter become students at the university of this state, or within ten days after milia u/'
their arrival, shall be held and considered liable to do militia duty, in the same manner
as other persons from eighteen to forty-five years of age are.

Sect. 2. And be it further enacted by the authority aforesaid, That so much of the
before recited act as militates against this act, is hereby repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to, 16th November, 1814.

PETER EARLY, Governor,

%. 6 T

„**.

1058

UNIVERSITY. 1815.

(No. 694.)

AN ACT*

To authorize the Trustees of the University of Georgia to sell the lands belonging
to said University, and to systematize the funds belonging thereto.

Preamble. WHEREAS, from the present situation of the lands belonging to the University of

Georgia, the proceeds therefrom are incompetent to the support of the institution, pur-
suant to the laudable design of its founders, and the wishes of the General Assembly ;
and a judicious sale thereof, with a proper management of the funds arising from said
sales, being better calculated to promote the welfare of said institution :

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

The trustees gia, in General Assembly met, and by the authority of the same it is hereby enacted, That

authorized to _ . p .

sell the lands the several tracts of land, that is to say, the tract of land in the county of Greene,

•tv " known by the name of the Richland Creek Tract ; the two tracts in the county of Ogle-

thorpe, known by the names of the Fishing and the Falling Creek Tracts ; the tract of land
in the county of Clark, known by the name of the Sandy Creek Tract ; and the tract
in the county of Franklin, known by the name of the Shoal Creek Tract, belonging to
the University of Georgia, may be sold by the trustees of said university ; and they are
hereby permitted and authorized to sell the same, in such manner and upon such terms
as they, or a majority of them, may deem most conducive to the interest of the said
Proviso. university, and the most advantageous disposition of said lands : Provided nevertheless,

that said lands shall be sold by lots of one hundred acres each, at public outcry, and to
the highest bidder.

The proceeds
to be vested

Sect. 2. And be it further enacted, That the proceeds of the sale of said lands
shall in no wise or manner be used by the said trustees, to pay off debts, or to make
fitable stock. anv purchases, except as herein after directed, but shall be by them reserved, for the
purpose of being vested in some profitable stock, for the use of the university.

if the lands be
Sold on credit,
security and
also mort-
gages on the
land required.
Bonds and
mortgages so
taken, how
disposed of,

Sect. 3. And be it further enacted, That if the said trustees should dispose of the
lands aforesaid upon a credit, the bonds given by the purchasers for the same, shall be
secured by good personal security, together with. a mortgage upon the land so purchased ;
and the said bonds and mortgages, when collected, shall be applied, by the said trustees,
to the subscription for stock in any banks now in this state, in case further subscriptions

See act of 1816, No. 695, amendatory of this act.

UNIVERSITY. 1815 1059

should be by them opened, or any bank which may hereafter be established by the state (No. 694.)
or the United States ; if any subscriptions should be opened by any of the banks afore-
said, at a time when the said bonds and mortgages should be uncollected, or not due,
and a failure to obtain stock on that account would ensue, the trustees of said univer-
sity, by depositing the whole amount of said bonds and mortgages in the treasury of
the state, and producing to his excellency the Governor the treasurer's certificate of the
same, shall obtain from the Governor a warrant on the treasury, for whatever sum, not
exceeding two-thirds of the amount of said bonds and mortgages, that may be necessary
for subscribing for such number of shares as the proceeds of said bonds, if collected,
would authorize them to subscribe for : Provided always, that the Governor shall direct
the collection of the said bonds and mortgages as they become due, and the principal
and interest thereof shall be paid into the treasury of the state, as a reimbursement for
the advance made by the state to the said trustees.

Sect. 4. And be it further enacted, That the said trustees shall never dispose of the The stock
stock by them subscribed* fdV as aforesaid, unless by the consent of the legislature of to be disposed
Georgia, or make use of it in any manner whatever ; but the proceeds or dividends consent* of th

therefrom shall be drawn by them, and used in such manner as the various demands and legislature.

The proceeds
necessities of the said university may require ; and as will be most likely to ensure the oniy, to be ap-

objects of its establishment. Sse ofth*C

University.

Sect. 5. And be it further enacted by the authority aforesaid, That David B. Mitchell, Additional
Thomas U. P. Charlton, the reverend Henry Kollock, James M. Wayne, Nicholas 1US ees*
Ware, John A. Cuthbert, Augustin S. Clayton, James Meriwether, John Elliott and
George M. Troup be, and they are hereby appointed additional trustees to the uni-
versity aforesaid ; and that any five of the trustees of the said university shall form a Five a compe-
board, and be competent to proceed to business.

Sect. 6. And be it further enacted,- That it shall and may be lawful for said board of Trustees may

trustees, to dispense with the services of such of its officers, or make such reduction in ofthe officer^

the fees or salaries of officers, as will enable them, with the funds of the institution, to ?l ^educe.

' ' ' tneir salaries.

meet their disbursements ; nor shall any salary or compensation be allowed said trus-
tees, or any of them, for their or any of their services.

BENJAMIN WHITAKER,

Speaker ofthe House of Representatives.

WILLIAM RABUN,

President of the Senate.,
Assented to, 16th December, 1815.

• D. B. MITCHELL, Governor.
6 T 2

i060 UNIVERSITY. 1816.

(No. 695.) AN ACT

To amend an act, entitled An act to authorize the Trustees of the University of

Georgia to sell the lands belonging to said University, and to systematize the

funds belonging thereto, passed the 16th December, 1815, and to amend the

several acts heretofore passed, for the more full and complete establishment of a

Public Seat of Learning in this state.

Sales of the Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

lands, which S'ia-> in General Assembly met, and it is hereby enacted by the authority of the same, That
mav hereafter a^ sa^es °f land heretofore made, or hereafter to be made, by the trustees of said univer-
se made, in %\X.y, shall be valid to all intents and purposes, notwithstanding the 'same may have been,

above or un- or hereafter may be sold in lots over and above, or under one hundred acres each ; any
der 100 acres . . . . , f. •

each, made thing m the above recited act to the contrary notwithstanding.

valid.

Repealing Sect. 2. And be it further enacted, That the first section of the act, entitled An act

section

to revise and amend an act entitled An act for the more full -and complete establishment

of a public seat of learning, passed the 27th January, 1785, (which said amending act
was passed the 16th day of December, 1811,) as also so much of said amending act as
directs that all officers of the university, other than the secretary and treasurer, shall
be appomted by the Senatus Academicus, together with the 6th section of said amend-
ing act, be, and the same are hereby repealed.

What to be Sect. 3. And be it further enacted, That in all cases where the trustees of the univer-
there is an ad- sity have sold any lot or lots of land, to which, or any part of which, there is an adverse
anv^ancTsold0 clami? which claim has been, or may hereafter be determined, either by suit or arbitra-
ry the trus- tion, against the title derived from the trustees, it shall and may be lawful for said trus-
tees, jvhich
claim has been tees to adjust all matters with the person to whom they have sold, either by giving cre-

termined dit on the bond given for the purchase money, or by releasing the purchaser altogether

thfe'derived fr°m h*s contract ; «»aid purchaser at the same time relinquishing to them all claim or
from the trus- title, to any part which may not be included within such adverse claim as aforesaid.

Vacancy in the Sect. 4. And be it further enacted. That in case the office of president of the univer-

office of pre- m . .

sidentofthe sity shall at any time be vacant during the recess of the Senatus Academicus, it shall

dunn^ the're- and may be laMTful for the board of trustees to appoint a president pro tempore, who

shall continue in office until the next meeting of the Senatus Academicus ; and in all

such cases, it shall be the duty of the prudential committee, if there be one, or of the

senior trustee, "if there be no prudential committee, to convene the board.

cess of the
Senatus Aca-

UNIVERSITY. 1816. 1061

Sect. 5. And be it further enacted by the authority aforesaid, That his excellency (No. 695.)

the Governor be, and he is hereby authorized and directed to advance to the board of ^^ed^o^"

trustees, upon the credit of the bonds and mortgages, upon the sale of university lands, advance ten
' r o o 7 r / thousand dol-

deposited in the treasurer's office, any sum not exceeding ten thousand dollars, if the lars to the

trustees on
necessities or exigencies of the university should require such advance. the credit of

the bonds and
mortgages arising from the sale of University lands,

Sect. 6. And be it further enacted bti the authority aforesaid. That the state treasury A previous

i r r i ■- i • i t r , • loan °f §5000

shall be reimbursed the sum of five thousand dollars, together with lawful interest, out to be repaid,
of the proceeds of tlfe bonds and mortgages aforesaid, which sum was, in November
1803, in the act* entitled An act to appropriate monies for the political year 1803, ap-
propriated as a loan to the trustees of the university ; and that the aforesaid sum often The repay-
• • "* • ment of the
thousand dollars, herein directed to be advanced, be also repaid at the state treasury, out said 10,000

of the proceeds of said bonds and mortgages. vided for.

Sect. 7. And be it further enacted, That all laws or parts of laws that militate against Repealing
. , clause,

this act be, and the same are herebv repealed.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
Assented to, 18th December, 1816.

D. B. MITCHELL, Governor.

AN ACT . (No. 696.)

To establish the mode of supplying vacancies in the Board of Trustees of the Uni-
versity of Georgia, and to add two additional members to the board already
appointed.

WHEREAS, by an act passed on the 16th day of December, 1811, entitled An act Preamble,
to revise and amend an act, entitled An act for the more full and complete establishment
of a public seat of • learning in this state, passed the 27th January, 1785, the power of
supplying vacancies in the board of trustees of the University of Georgia was transferred

1062

UNIVERSITY. 1817.

(No. 696.) from said board of trustees to the legislature of this state : And whereas, great inconve-
nience results from the present mode of filling such vacancies :

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same,
Vacancies in That from and after the passage of this act, that the trustees of the said University of
trustees, how Georgia are authorized and empowered to fill all such vacancy or vacancies that may at
present exist in said board of trustees, or that may hereafter exist or become vacant by
the appointment of such person or persons as the said board of trustees may think pro-
Proviso, per : Provided, the said board of trustees shall notify the Senatus Academicus, at each
annual meeting, of such appointment or appointments, so by them macje : And provided
also, that said Senatus Academicus shall approve the same. m

And whereas, the board of trustees of the university did, at their last meeting, re-
commend the appointment of two additional members to said board of trustees :

Additional
trustees ap-
pointed.

Sect. 2. Be it therefore further^ enacted, That Duncan G. Campbell and Edwin
Hardin be, and they are hereby appointed trustees of the University.of Georgia, in addi-
tion to the number heretofore appointed, any law to the contrary notwithstanding.

Assented to, 10th December, 1817.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives

MATTHEW. TALBOT,

President of the Senate.

WILLIAM RABUN, Governor.

UNIVERSITY. 1817. 1Q63

AN ACT (No. 697.)

To authorize the Trustees of the University of Georgia to execute a deed to Henry
Hardy, of the county of Franklin, to certain lands, on conditions therein spe-
cified.

WHEREAS, it hath been represented to this legislature, on the memorial of Henry Preamble,
Hardy, that he was the security of one William A. Blackburn to the said trustees of the
University of Georgia, for the sum of one hundred and forty-one dollars, for fractions of
land numbers one, twelve, and thirteen, in the Shoal Creek tract, which money is yet due
and unpaid ; and that the said William A. Blackburn transferred to said Henry Hardy,
the original deed to himself, with permission and directions, that the said Henry Hardy
should give up said original deed to said trustees, pay the purchase money, and receive
a title to himself therefor ; and that said Blackburn has left the country, and the said
Henry Hardy having prayed this legislature to authorize the trustees to act in the pre-
mises ;

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state

of Georgia, in General Assembly met, That immediately after the passing of this act, the Trustees ef"

trustees of the University of Georgia be, and they are hereby authorized and required t0 mate titles

to receive of Henry Hardy or his* heirs, on the same being tendered, the original deed *° ™enry Har-

of conveyance made by them to one William A. Blackburn, for fractions of land, num- lands °n per-

. m tain condi-

bers one, twelve, and thirteen, in the Shoal Creek tract, formerly belonging to the said tions.

university, and execute to the said Henry Hardy a title for the same, on his, the said

Henry Hardy's paying up the whole cf the purchase money, with the interest which

may have accrued thereon, if any.

BENJAMIN WILLIAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 19th December, 1817.

. WILLIAM RABUN, Governor,

1064

UNIVERSITY. IS 18.

(No. 698.)

AN ACT

To authorize the Trustees of the University of Georgia to execute titles to persons
to certain lands in the county of Franklin, on conditions therein specified.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives' of the state

Trustees of of Georgia, in General Assembly met, and by the authority of the same, That immediately

the University ri .ri. r i • • r

authorized to after the passing of this act, the trustees of the University of Georgia be, and they are

to certain hereby authorized and required to make, or cause to be made, to any person or persons,

lands on cer- or ^ hejrs 0f tne same, on their producing the original deed of said trustees, with a

tions. relinquishment on the same, from the .original purchasers, before any justice of the

peace, or justice of the Inferior Court in said county, to any tract or fraction in the

Shoal Creek tract, formerly being the land set apart for said university.

Condition. Sect. 2. And be it further enacted, That said trustees are not authorized to make or

cause to be made to any person, a title to any of the above described land, until the
original purchase money, with the interest of the same, shall be paid, any law to the
contrary notwithstanding,

BENJAMIN WILLIAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate*

Assented to, 17th December, 1818.

WILLIAM RABUN, Governor.

UNI7

AN ACT

(No. 699.

To legalize certain deeds made by John Brown,. President of the University of

Georgia.

WHEREAS, by an act, entitled An act to authorize the trustees of the University of Preamble
Georgia to sell the lands belonging to the said university, and to systematize the funds
belonging thereto, passed the sixteenth day of December, eighteen hundred and fifteen,
the said trustees did sell said lands in pursuance of said act, and by their then president,
John Brown, did make deeds to the respective purchasers ; And whereas, some doubts
have arisen whether the said deeds are legally executed:

Sect. 1. BE it enacted [by the Senate and House of Representat ives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by. the authority of the same, That Certain deeds
from and after the passage of this act, the said deeds shall be taken, held, and deemed, president of
to all intents and purposes, as legal and valid, and admitted in evidence in any of the |he University
Superior Courts in this state, in their present form, and without other documents to
support them.

DAVID ADAMS,

Speaker of the House of Representatives,

MATTHEW TALBOT,

President of the Senate,
Assented to, 23d November, 1819. .

- JOHN CLARK, Governor.

% U

[ 1066 ]

VENDUE MASTERS.

AN ACT

To amend the act, entitled An act to amend the acts for regulating .Vendues, so
far as to authorize a Vendue Master for the town of Milledgeville.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of Geor-

A vendue gia, in General Assembly met, That there shall be one or more vendue masters appoint-
master author-
ized for Mil- ed for the town of Milledgeville, in the manner, and under the restrictions pointed out

in the above recited act, any law to the contrary notwithstanding.

Executive Department, Georgia.
Assented to, 16th December, 1811.

ROBERT IVERSON,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,

D. B. MITCHELL, Governor.

VENDUE MASTERS. 1811

1067

AN ACT*

(No. 701.)

To alter the mode of appointing Vendue Masters for the city of Savannah, and
to prescribe the method of taking bonds of, and qualifying the Vendue Masters

throughout this state.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same it is hereby enacted,
That such number of vendue masters for the city of Savannah, as the legislature may Vendue mas-
deem necessary, shall be appointed annually, by concurred resolution of both branches nan> how ap-
thereof ; and in case of the non-acceptance of any person or persons so appointed, the poin e ' c'
Governor is authorized to make appointments in lieu thereof, and to fill such vacancies
as may otherwise happen, during the recess of the General Assembly.

mas-

Sect. 2. And be it further enacted, That the vendue masters throughout this state Vendue

... , . i /-> r i • i • ii' ters t° give

shall give bond, with good security, to the Governor tor the time being, and to his sue- bond and s

cessors in office, conditioned for the true and faithful performance of the duties required cunty-

of them by law ; and shall take and subscribe an oath, truly and faithfully to perform and Shall take :
discharge all such duties, which bond shall be taken and approved of, and oath adminis-
tered, by the justices of the Inferior Court, or any two of them, of the county in which
such vendue masters may be, under a dedimus potestatem from the executive depart-
ment.

Sect. 3.

And be it further enacted, That all laws heretofore passed, vesting in the Repealing

clause.

corporation of Savannah the power of appointing vendue masters for that city, be, and
the same are hereby repealed : Provided, that nothing herein contained shall be con- Proviso,
strued to prevent the said corporation from receiving from the vendue masters in Sa-
vannah, the sum which they are required to pay to the treasurer of that city, by the

* The provisions of this act were altered by act of 1812, No. 702. But see act of 1819, No, 706, amenda-
tory of the laws relative to vendues.

6 U 2

jmm

1068

VENDUE MASTERS. 18 li

(No. 701.) second section of an act "to enable the corporation of Savannah to collect certain fines,'
&c. passed the twenty-sixth of November, eighteen hundred and two.

■

Executive Department, Georgia.
Assented to, 16th December, 1811.

ROBERT IVERSON,

Speaker of the House of Representatives

MATTHEW TALBOT,

President of the Senate.

D. B. MITCHELL, Governor

No. 702.)

AN ACT*

To amend the several laws now in force within this state, for regulating of Ven-
dues, and to alter the mode of appointing Vendue Masters for the city of Sa-
vannah.

The mayor
and aldermen
of Savannah
authorized to
appoint and
license ven-
due masters.

What sums
shall be paid
to the state
by the vendue
masters of
Savannah, Au-
gusta and St.
Mary 'a.

Sect. 1. BE it enacted by the Senate arid House of Representatives of the state of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That
from and after the passing of this act, the mayor and aldermen for the city of Savannah
be, and they are hereby authorized to appoint and license annually such number of ven-
due masters for said city as they, in their discretion, shall think proper, such vendue mas-
ters first paying to the said city the sum required by law. All vendue masters who
may be appointed for the city of Savannah, shall pay to the treasurer of the state the
sum of one hundred dollars each j all those appointed for the cities of Augusta and St.
Mary's, the sum of twenty-five dollars each, in addition to the one per cent, on all sales,
All vendue masters which may be appointed for Savannah, Augusta and St. Mary's,
shall be licensed by the corporation of said cities, before they shall proceed to act as
such. l .• '*tVS*

Regulations Sect. 2. And be it further enacted, That no vendue master within this state shall

bonds &c. be permitted to act as such, until they give bond and security to the state for the faith-

of vendue £uj discharge of their duties, as is directed in and*by an act, entitled An act better re-
isA sisters «

* See act of 1819, No. 706, amendatory of the laws on this subject.

VENDUE MASTERS. 1812.)

1069

gulating vendues within this state, passed the 8th day of December, 1794; which bond (No. 702.)
and security the corporation of the cities of Savannah, Augusta and St. Mary's, are
hereby authorized and required to take, before such vendue masters shall be licensed,
and transmit the same without delay to the treasury office of this state: That no ven-
due master within this state shall proceed to act under their several appointments, until
their respective bonds shall be deposited in the treasurer's office, and have obtained his
receipt for the same, including therein the sums required by this act.

Sect. 3. Be it further enacted, That the mayor and aldermen for the city of Savan-
nah shall not appoint and license any vendue master, who shall be in arrears to, the
state, on account of his or their former offices as vendue masters ; neither shall any
other vendue master, who shall be in arrears to the state on account of his or their
former offices, as vendue master, act as such until all arrears shall be paid.

Sect. 4. And be it further enacted, That any person who shall sell, or attempt to sell,
at public auction, any goods, wares, merchandize, or any other property, within any of
the cities of Savannah, Augusta, or town of St. Mary's, county and city officers, exe-
cutors, administrators and guardians acting in their several capacities as such excepted.,
without first obtaining such license, he shall forfeit to and for the use of this state, the
sum of three thousand dollars, to be recovered by bill, plaint, or indictment, in any of
the counties in which such offence may happen.

Vendue mas-
ters in arrears
to the state,
not to be ap-
pointed for
Savannah.
Other vendue
masters so in
arrears, pro-
hibited from
acting as such ,
Persons sell-
ing at auction,
&c. in Savan-
nah, Augusta
and St. Ma-
ry's, without
license, how
punished.

Sect. 5. And be it further enacted, That the treasurer of the state shall, and he is
hereby empowered and required, within twenty days after any sum or sums may be-
come due by any vendue master, under this or any former law regulating vendues, who
shall fail to pay the same within twenty days, to issue execution under his hand and
seal, against each and every defaulter or defaulters, and their security or securities, un-
der the same rules and regulations as are prescribed for, the collection of" taxes by the
several tax laws now in force within this state.

Treasurer of
the state au-
thorized to
issue execu-
tions against
defaulting
vendue mas-
ters.

Sect. 6. And be it further enacted, That all Jaws militating against this act be, and Repealing

° ° clause.

the same are hereby repealed.

Executive Department, Georgia.
Assented to, 5th December, 1812.

BENJAMIN WHITsAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate-.

D.B.MITCHELL, Governor

1070

VENDUE MASTERS 1816.

(No. 703.)

AN ACT*

To repeal an act, entitled An act respecting Vendue Masters, so far as the same
restricts and limits the number of Vendue Masters for the city of Augusta.

Preamble.

WHEREAS, the restricting and limiting the number of vendue masters for the city
of Augusta, hath been found by experience to be injurious to the inhabitants of the said
city, and the trade and commerce thereof:

Repealing'
clause.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same.
That the said act, entitled An act respecting vendue masters,-be, and the same is
hereby repealed, so far as the same restricts and limits the number of vendue masters
for the city of Augusta.

Intendant and
council of Au-
gusta autho-
rized to ap-
point and li-
cense any
number of
vendue mas-
ters, &c.

Sect. 2. And be it further enacted, That the intendant and aldermen of the said city
be, and they are hereby authorized, after the first day of October, eighteen hundred
and seventeen, next, to appoint and license such number of vendue masters for the
said city as they, in their discretion, shall think proper ; such vendue masters first pay-
ing to the said city the sum of one hundred dollars, and giving bond and security to
the state agreeably to the act for regulating vendues, which bond and security the in-
tendant and aldermen are hereby authorized and required to take, before such vendue
masters shall be licensed, and transmit the same to the treasury office of this state.

■

Assented to, 12th December, 1816. |

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.
."♦
D. B. MITCHELL, Governor.

* See act of 1819, No. 706.

E MASTERS. 1816.

1071

AN ACT

(No. 7Q4.>

To amend the several acts regulating Vendues in this state, so far as to authorize
the appointment *of a Vendue Master for the town of Greensborough, in the
county of Greene.

Sect. 1. BE it enacted by the Senate and House of Representatives of the state, of Geor-
gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Vendue mas
immediately from and after the passing of this act, there shall be appointed biennially, Greensbo-
by joint resolution of both branches of the General Assembly of this state, a vendue rouS|1> how-
master for the town of Greensborough aforesaid, who shall be entitled to the same
fees, and subject to the rules and regulations now in force in this state regulating ven-
dues, with the exceptions herein after made.

Sect. 2. And be it further enacted, That the said vendue master aforesaid shall give Shall give
bond and security to the Inferior Court of Greene county, for the sum of one thousand security
dollars, for the faithful performance of his duty, subject to be sued for at the instance
of the party injured by said vendue master.

Sect. 3. And be it further enacted, That nothing in this act contained shall be so His powers
construed as to extend the powers and authority of the said vendue master beyond the beyond^hT

limits of the said corporation. limits of the

cqrporation,

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

Assented to, 12th December, 1816.

D. B, MITCHELL, Governor,

■

wMt

1072

VENDUE MASTERS, &c. 1816.

'No. 705.)

AN ACT

To vest the appointment of Commissioners of Academies, Vendue Masters, Nota-
ries Public, and Lumber Measurers, in certain persons therein mentioned.

Preamble. WHEREAS, the present mode of appointing the„aforesaid officers is very inconve-

nient, and occasions an unnecessary consumption of the time of the legislature :

Commission- <
ers of acade-
mies, vendue
masters, nota-
ries public,
and lumber
measurers,
how appoint-
ed.

Sect. 1. BE it therefore enacted by the Senate and House of Representatives of the state
of Georgia, in General Assembly met, and it is hereby enacted by the authority of the

•

same, That from and after the passing of this act, the appointment of commissioners of
academies in this state shall be, and is hereby vested in the commissioners of the re-
spective academies ; the appointment of *vendue masters, notaries public, and lumber
measurers, shall be, and is hereby vested in the commissioners of the respective incor-
porated towns, or the persons in said towns, in whom the corporate powers are vested :
and where there is no corporation or commissioners, the appointment of the said ven-
due masters, notaries public and lumber measurers, shall be made by the Inferior Courts
of the respective counties, whenever such officers are deemed necessary and authorized
by law.

No additional
number, not
allowed by
law, shall be
appointed.
Previous ap-
pointments,
or such as may
be made by
the present
session, shall
not be vacat-
ed.

Sect. 2. And be it further enacted, That nothing contained in this act shall autho-
rize the appointment of an additional number of any of the said officers, than is at pre-
sent allowed by law, nor shall any thing contained in this act vacate any appointments
which have been heretofore made, or which may be made during the present session of
the legislature.

BENJAMIN WHITAKER,

Speaker of the House of Representatives,

WILLIAM RABUN,

President of the Senate.

Assented to, 18th' December, 1816.

D. B. MITCHELL, Governor.

As to' vendue masters, see the next act.

■ ■

;^#

VENDUE MASTERS. 1819.

107;

AN ACT

(No. 706.)

To amend the several laws now in force relative to Vendues.

Sect. .1. ^E it enacted byuthe Senate and House of Representatives of the state of Geor-
gia, in General AssembiS%iet, and it is hereby enacted by the authority of the same, That
it shall not be lawful, iiPfuture, for the corporation of the city of Savannah to appoint

more than six ; that of Augusta, more than four ; that of St.* Mary s, more than two ;
that of Darien, more than two ; *ind *hat of MUledgeville, more than two vendue mas-

ters foresaid jSiaces. . *

.^** ^ - * ■ * ^Sk • v * • *^

it further ehacted, Tnar after tHe expitfat^t of the tim%for which

by tne corporation^ of the afojp^said places,

Sect. 2. And
vendue masters

have been appoin
agreeably tcflffle exretii*g

The number
of vendue
masters for
Savannah, Au
gusta, St. Ma-
ry's, Darien
and Milledge-
ville limited.

How appoint
ed in future.

■ sht

in this regard, the following shall be the manner of ap-

ull^rensing yencmfc masters therein ; that is to say, the respective corporations

lay, annually, on the first Monday in December, appoint the number of

venj^H&masteFB allowidjL to each place by this act,-and shall^tke bond in to^^sum of five

thousand dollars, with tw<

ousand dollars, with two good and sufficient securities, for each vendu

master so ap-
successors m

p ofeits^i p&^gjb le to^lhfl»rav€rnor ofjtt state for the time being, and hi
^oflffe, conditrojro for the fohthful performance ^f the duties required of Vendue mas-
ters, in and by an act of the legislature, passed the 8th day of December, seventeen
hundred and nmexy^our, entitled An act | for the better regulation of vendue masters
within this state ;" and shall immediately cause such bonds to be forwarded to the trea-

Each vendue
master to give
bond and se-
curitv.

dlO,

surer of this state ; wlr^ upon the receipt thereof, and the payment of one hundred dol-
lars by each vendue master in Savannah, twenty-five dollars by each in Augusta, fifty

s by e
liars b

Said bonds to
be forwarded
to thypf state
treasurer, who
(upon the

dollars bv each in St. Marv's, fifty dollars by each in Darien, and twenty-five dollars by Pavm.ent of »

certain sum by

each vendue
master of the
places afore-
said) shall is-
sue a license
to each for

each in Milledgeville, for the use of the state, shall issue to each person so appointed,
provided he is not in arrears to the state on account of any prior appointment as a
vendue mast?er, a license, authorizing him to act as a vendue master in the place for
which he may have been appointed, for one year, to commence on the first day of Janu-
ary next ensuing ^fee time of said appointment : Provided nevertheless, that if vendue
masters have not been appointed in any of the aforesaicl places, for the ensuing year,
it shall be lawful for the corporation of any such place, to make such appointment at
any time after the passage of this act, and previous to the first day of February next,
^and for the treasurer to issue a license to any person so appointed for one year, to ex-
pire on the thirty-first of December, eighteen hundred and twenty, upon the foregoing
conditions as to bond, and payment of premium fpr license being complied with.

6X . •

one year

Proviso.

1074

VENDUE MASTERS. 1819.

Sect. 3. And be it further enacted, That if any person shall sell, or attempt to sell,
any goods, wares or merchandize, or any other property whatever, as a vendue master,
or at public auction, in any of the aforesaid places, without having first obtained a license
from the treasurer as aforesaid, he shall forfeit and pay for every sale, or attempt to sell,
the sum of five hundred dollars, to be recovered of him in any court of competent juris-
diction ; and to be applied, one half to the use of the state, and the other half to the
person giving information and suing for said f$n«#: Provided al~ways, that nothing con-
tained in this section shall be construed to extend to sales made by lawful officers, under
executions issuing from the proper authority, or to s#es made jg- or under the authority
of executors, administrators or guardians.

(No. 706.)

Penalty on
persons sell-
ing1 or at-
tempting to
sell at auction,
&c. without a
license.
How recover-
ed and dis-
posed of.

Proviso.

Vendue mas-
ters required
to keep a
book of salels,
and quarter
yearly to make
a return on
oath to the
treasurer, of
the amount of
sales.

What shall be
done in case
any vendue
master shall
fail to make
such return
Avithin 30 days
after the expi-
ration of a
quarter, or
having made
it, shall fail
to pay one
per cent, on
the amount
thereof to the

Sect. 4. And be it further enacted, That every vendue jfiaslfcr in this state shall
keep a book, in which shall be entered every article by him sdld $t public auction, and
the price at which the same was sold ; and shall, quarter yearly, on the last days of the
months of March, June, September and December, in every year, dast up the amount
of his sales, and prepare a return thereof, to be made to the treasurer of this state ;
which return shall be sworn to by him, before some judge, justice of the Inferior Court,
or justice of the peace of this state~as containing the^true and accurate amount of his
sales at auction, of every description whatever, during the quarter or time therein ex-
pressed. And if any vendue master shall fail or neglect to make a return, sworn" to in
the manner above pointed out, to the treasurer, within thirty days after the expiration of
either of the said quarters ; or, having made the same, shall, within that time fail to pay to
the treasurer, the tax or duty of one per centum on the amount of such return, it shall be
the duty of the treasurer, as soon as he thereafter can cause to be published, in one of
the gazettes of the town or city in which such delinquent may be a vendue master ; and
in case of no gazette being published therein, in the gazette of the nearest town or city
thereto, a notice of such failure to make a return, or to pay saifl duty ; and if any such
delinquent vendue master shall, after the publication of such notice, sell, or attempt to
sell, any goods, wares and merchandize, or property of any kind whatever, at public
auction, or as a vendue master, he shall incur a penalty equal to that mentioned in the
preceding section, to be recovered of him in the manner, and for the purposes therein
expressed.

Vendue mas-
ters failing to
pay said tax,
how proceed-
ed against.

Sect. 5. And be it further enacted, That it shall be the duty of the treasurer, and it
is hereby made lawful for him, when returns are made, as in the preceding section di-
rected, and the tax or duty thereon not paid within the time required, to issue his exe-
cution against the vendue master so in default, and his securities, for the amount of the

i
tax or duty accruing to the state on his return ; and the sheriff in whose hands such

execution may be placed, shall be bound to collect and pay over the same within the
time therein required ; and in case of failure so to do, to be proceeded against in the

VENDUE MASTERS. 1819.

1075

manner pointed out by law, for failing to collect and pay over the amount of any execu- (No. 706.)

tions against a tax collector ; and in case no return shall have been made, the treasurer How proceed

shall immediately transmit the bond of any vendue master, so delinquent, to the attor- not making a
ney, or one of the solicitors general, to be put in suit.

Sect. 6. And be it further enacted, That every vendue master shall, at the time of A duplicate of

. . c , r i • i r i if eacn return

transmitting a return of the amount or his sales tor any quarter, to the treasurer, deli- to be deliver-

ver to the clerk of the corporation of the place for which he is a vendue master, a du- £f t^ Corno-

plicate thereof, which the said clerk is herebv required to file in his office : and if anv ratJ°n>.ar>d fil-

r t J A ■:.; J edin his office.

quarter shall expire, during which a vendue master may have made no sales at auction, Duty 0f tlie

it shall be the duty of each vendue master to state the same on oath to the treasurer, vendue master

J 1 when no 6ales

and on failing so to do, shall be prohibited from further acting as such, in the manner na>"e been

* made during a

prescribed by the 4th section of this act, for failing to make nis return, or to pay the quarter.

duty, on his sales ; and shall incur the same, penalties as that therein pointed out, for

disregarding such prohibition, to be recovered and applied as therein directed.

Sect. 7. And be it further enacted, That if any vendue master shall make a fraudu- A vendue mas

ter who shall

lent return to the treasurer, of the amount of his sales for any quarter, or shall return make a frau-

a less amount than that actually sold by him, he shall, upon due conviction thereof, be- upoTcomdc"'

fore any court of competent jurisdiction, be deemed and held guilty of perjury ; and his t|°1]it[ieru°n

securities shall moreover be liable for any loss which may accrue to the state, or any in- guilty of per-

^to, jury*

dividual, by reason of such fraudulent or improper return. His secur;t;es

liable for any

loss to the state or any individual.

Sect. 8. And be it further enacted, That all laws or parts of laws, which oppose the Repealing

^ t ' clause,

provisions of this act be, and the same are hereby repealed.

Sect. 9. And be it further enacted, That his excellency the Governor cause this act This act to be

published in

to be published as early as possible, in one of the gazettes of Milledgeville, Augusta, certain ga-

Savannah and Darien.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate,
Assented to, 21st December, 1819.

JOHN CLARK, Governor.

6X2

[ 1076 ]

WEIGHING.

AN ACT *"*-

To regulate the manner of weighing with Scales or Steelyards, throughout the

state of Georgia. ^

Preamble. WHEREAS, it is customary to deduct, for every draft or turn of the scale or steel-

yards, a certain number of pounds in, proportion to the weight of the article weighed,
which custom is evidently trotrary to every principle of justice or propriety: for re-
medy whereof,

I % ||

Sect. 1. BE it enacted by the Senate and House of Representatives, in General Assembly
No deduction met, and it is hereby enacted by the authority of the same, That immediately from and
the turn or after the first day of January nextfit shall not be lawful to ma«ke any such deduction
scale or steel- fr°m tne true weight of any article or articles, for or on account of the draft or jburm of
yards. the scaje or steelyards. # .. - '*

Forfeiture for Sect. 2. And be it further enacted, That any purchaser or weigher of any article or

deduction. articles whatever, who shall require or make the deduction or deductions, intended to

be provided against by the foregoing section, shall forfeit and pay, for each and every

How recover- such offence, the sum of fivemmdred dollars, to be recovered by action of debt before
ed and dispos- , . ,. . . . , r r

ed of. any court having competent jurisdiction to take cognizance thereof ; one moiety of

ltJh^. m

WEIGHING WITH SCALES AND STEELYARDS. 1815.

1077

which forfeiture shall go to the use, and for the benefit of the county in which such (No. 707.)
offence shall have happened, and the other to the informer.

Sect. 3. And be it further enacted, That all laws militating against this act be, and Repealing
the same are hereby repealed.

Assented to, 16th December, 1815.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D, B. MITCHELL, Governor,

■

[ 1078 ]

WHARVES, WHARFAGE, SHIPPING, &c

AN ACT

For the repeal of an act, entitled An act for amending an act, entitled An act for
regulating the Wharves and Shipping in the several ports in this province, and
ascertaining the rates of Wharfage, and Shipping, and Storage, and also the
duty of the Harbour Master to put in force an act, entitled An act to amend
an act to prevent persons from throwing ballast or rubbish, or falling trees fnto
the rivers and navigable creeks within this province, and for keeping clear the
channels of the same.

m f ■

Preamble. WHEREAS, the commercial advantages enjoyed by the good people of this state, re-

quire that every unnecessary restriction upon the same should be removed ; and as ex-
perience has shown that an act passed by the General Assembly of this state, on the
twenty-sixth day of June, in the year of our Lord eighteen hundred and six, amenda-
tory of an act passed by the Commons House of Assembly of the then provi»ce of
Georgia, on the twelfth day of March, seventeen hundred and seventy-four, entitled
An act to regulate the wharves and shipping in the several ports of this province, and
ascertaining the rates of wharfage, and shipping, and storage, &c. &c. &c. is productive
of considerable additional and needless expense to merchants and ship owners, and of
delay in loading and unloading of vessels, and is of no manner of utility to the public,
which should at all times be the principal inducement to the enactment of laws for the
government of a free people :«,

. .*

'¥*»«*'

WHARVES, WHARFAGE, &c. 1815. 1Q79

act, entitled An act for regulating the wharves and shipping in the several ports of this (No. 708.)
province, and ascertaining the rates of wharfage, and shipping, and storage, and also the J^e recite<i
duty of the harbour master for the port of Savannah, and to authorize the said harbour
master to put in force an act, entitled An act to amend an act to prevent persons
throwing ballast or rubbish, or falling trees into the rivers and navigable creeks within
this province, and for keeping clear the channels of the same, be, and the same is hereby
repealed.

Sect. 2. And be it farther enacted, That the act entitled An act to regulate the The act recit-
, , , . . . 7 , (. , . . . , ... ed in this sec-

wharves and shipping, in the several ports of this province, and ascertaining the rates tion revived.

of wharfage, of shipping and storage, and also the duty of the harbour master for the
port of Savannah, and to authorize the said harbour master to put in force an act, enti-
tled An act to amend an act to prevent persons throwing ballast or rubbish, or falling
trees into the rivers and navigable creeks within this province, and for keeping clear the
channels of the same, passed the 12th day of March, seventeen hundred and seventy-
four, by the Commons House of Assembly of the then province of Georgia, be, and the
same is hereby declared tabe, in full force and operation.

BENJAMIN WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate,
Assented to,^2th December, 1815. ^

D, B, MITCHELL, Governor.

.-* "• *

.* **>*

[ 1081 f

,ESOLUTIONS,

WHICH ORIGINATED IN SENATE IN 1811.

IN SENATE, 19th November, 1811.

*
WHEREAS, the legislature of this state did, by resolution, on the 19th and 25th In Senate.

days -of November, one thousand seven hundred and ninety-four, release and exonorate (No. 1.)
Jacob Waldburger, Esquire, now deceased, from the purchase of two plantations, called
Dublin and Cherryhill, situate and being in the comity of Bryan, originally confiscated
as the property of John B. Maxwell, in consequence of the wife and children of the said
John B. Maxwell having obtained -the possession df the said plantations after the sale
to the said Jacob Waldburger, and before he could gain possession under the title he had
received from the state : And -whereas, the th$|$ attorney general of the state was, by
the said legislature, ordered and directed to bring suit against the person or persons
who had the possession of the said plantations, and held the same in oppositionto the
claims of the state : And whereas, it does not appear that any action was ever brought
or prosecuted for the recovery of the %aid plantations, in behalf of the state, notwith-
standing although the widow of the said John B. Maxwell has continued in the posses-
sion of the same, in opposition to the claim of the state, and the order before referred
to ; by which means the state has been for many years deprived of the use of the said
plantations, or of the money for which they would have sold:

Be it therefore resolved by the Senate and House of Representatives, That the solicitor

general for the eastern district do, as soon as possible, bring suit for and in behalf of

this state, against any and a|l persons having, or claiming the possession, or any other

right or interest of, or in the said plantations, called Dublin and Cherryhill, in the county

....

of Bn^an, originally confiscated as the property of John Butler Maxwell as aforesaid ,;

d that he use all lawful means for the recovery of the same.

Approved, 30th November, 1811,

6 Y

*■

1082

RESOLUTIONS. 1811.

In Senate.

(No. 2.)

frN SENATE, 15th November, 1811.

Whereas, the opening of a road from or near the mouth of the Alcofauhachee, oil
the Ocmulgee river, to where the same would intersect^he road leading from Milledge-
ville to Fort Stoddart, at or near McIntosh's ferry, on the Chatahuchee river, would be
of manifest advantage to the citizens of the upper and western parts of this state..

And -whereas, the opening of a road leading from Jefferson in Jackson county, to
Huntsville in Madison county, Mississippi Territory, would also be qf'manifest advan-
tage to the citizens, not only of this state, bat also to the inhabitants of the said terri-
tory.

Be it therefore resolved, That his excellency the Governor be, and he is hereby re-
quested to make application to the President of the United Stated/on the subject of
said road, and procure, if possible, the laying out and opening of the same.
Approved, 30th December, 1811.

(No. 3.)

•

IN' SENATE, 18th November, 1811,

Whereas, disputes have frequently arisen between the frontier inhabitants of Jack-
son and Franklin counties and the Cherokee nation of Indians, which might, in a great
measure, be prevented, by having the (Chatahuchee river made the line between this state
and the said Cherokee nation of Indians ; and there being good reason to believe that
the said Indians, on proper application being made, would dispose of said lands :

Be it therefore resolved, That his excellency the Governor be, and he is hereby authoriz-
ed and requested to appoint, not exceeding three persons as commissioners on the part of
this state, to make application to the Cherokee nation of Indians, through the agency of
the United States, for the purpose of obtaining the consent of said Indians to a disposition
of the land lying within the following boundary, viz : beginning where the line between
this state and the Creek nation of Indians leaves the Appalachee river ; thence on the
said line to where the same crosses the Chatahuchee river ; thence up the aforesaid Cha-
tahuchee, to where Choatee river intersects the same ; from thence in a straight direc-
tion, so as to strike the Tugalo river, where the trading road from the Ocuncy mountain
near the mouth of Warwoman's creek crosses the same, or so much thereof as the said
nation of Indians may be disposed to part with.
Approved, 30th November, 1811.

■* - - **

jfe.«~*

RESOLUTIONS. 1811.

108,

IN SENATE, 4th December, 1811.

.*
Resolved, That whereas it is found, in some instances, that persons have had state

troop bounty warrants renewed and paid into the treasury office of this state, without

the knowledge or consent of the proprietors of the said warrants ; and it is presumed

that in some instances they have obtained warrants, by stating the loss of their original

warrant ; and on examination may be found to have been twice discharged by the state :

And whereas, it is difficult to discover the fraud practised against individuals, as well as

the state, by reason of the bundles containing those warrants being sealed up, and the

treasurer not being authorized to open them, for the inspection of the citizens :

» -

Be it therefore resolved, That the treasurer be, and he is hereby authorized to break

open all and every bundle or packet in his office, which contains state troop bounty

warrants, for the inspection of any of the citizens of this state.

Approved, 13th December, 1811.

In Senate.

(No. 4.

■*

IN SENATE, 22d November, 1811.

The committee on the state of the Republic, to whom was referred the comrtKinication (No. 5.)
of his excellency the Governor, on the subject of a letter received by him from Mr.
John H. Bals, of Hancock county,

Report, That they have taken the same under consideration, and are of* opinion, that
as the lot of land alluded to in the said letter was purchased of the state, and as the
controversy at law appears to be between Thomas Culbreath, a fraudulent drawer in the *
land lottery, and the said Bass ; your committee are of opinion, that it is just and right
that the state should defend the same ; they therefore recommend the following resolu-
tion: m ». -

Resolved, That his excellency the Governor be, and he is hereby requested to employ
some fit and proper person as an attorney, in behalf of this state, to defend the said suit.
Approved, 13th December, 1811.

* * ♦ ■

* * . .

IN SENATE, 29th November, 1811.

Whereas, by the first rule forming the fundamental articles of the constitution of (No. 6.)
the Augusta Bankf fifty thousand dollars were reserved until the first day of January,

6Y2

A. _.,

1084 • RESOLUTIONS. 1S11.

Iii Senate. one thousand eight hundred and twelve, on the original terms to be then, or at .any prior
time, taken by the state, according to the pleasure of the legislature.

Resolved therefore, That his excellency the Governor be, and he is hereby authorized
and required to cause the said five hundred shares to be subscribed for within the time
limited, for the state of Georgia.

And be it further resolved, That an appropriation be made in the appropriation act to
be passed this session, for fifty thousand dollars, for the purpose aforesaid, to be by him
applied in said subscription, according to the constitution and bye-laws of said bank.
Approved, 13th December, 1811.

IN SENATE, 22d November, 1811.

(No. TV) Whereas, his excellency the Governor of this state has laid before this General As-

sembly, a resolution passed by the Congress of the United States, in the* words follow-
ing, to w# :

Resolvea by the Seriate and House of Representatives, in Congress assembled, Two-thirds
of both houses concurring, that the following section be submitted to the legislatures of
the several states ; which, when ratified by the legislatures of three-fourths of the states,
shall be valid and binding, as a part of the constitution of "the United States.

If any citizen of the United States shall accept, claim, receive or retain, any title of
nobility or honour, or shall, without the consent of Congress, accept and retain any pre-
sent, pension, office or emolument of any kind whatever, from any emperor, king, prince
or foreign power, such person shall cease to be a citizen of the United States, and shall

be incapable of holding any office of , trust or profit under them or either of them.

Be it unanimously resolved by the General Assembly of the state of Georgia, That the
foregoing amendment, proposed by Congress to the constitution of the United States, be,
and the same is hereby, on the part of this state, agreed to, ratified and confirmed.

IK ....

And be it further resolved, That his excellency the Governor be requested to transmit
copies of the foregoing resolution, to the president of the senate, and speaker of the
house of representatives of the United States, and to each of our senators and repre-
sentatives in Congress, and to each of the governors of the several states.
1 Approved, 13th December, 1811.

-. M

■vM

RESOLUTIONS. 1811. 1Q85

In Senate.

IN SENATE, 19th November, 1811. '

Whereas, the opening of a road from the town of Hartford in the county of Pulaski, (No. 8.)
crossing Flint river, at or near Timothy Barnard's ; and from thence the most practi-
cable direct course, so as to intersect the main road lately laid out through the Creek
nation of Indians, from Milledgeville to Fort Stoddart, at or near where the same
crosses the Chatahuchee, would be of manifest convenience to the citizens living in the
eastern parts of this state :

Be it therefore- resolved, That his excellency the Governor be requested to address the
President of the United States, on the subject of the aforementioned road, and obtain,
if possible, the laying out and opening the same.
Approved, 30th November, 1811.

IN SENATE, 10th December, 181# #

The committee on the state of the Republic, to whom was referred the Governor's (No. 9.)
communication, enclosing the President's message :

Report, That the important information communicated to Congress by the President's #

message, in relation to our foreign affairs, loudly admonishes the people of this state to
suffer no circumstance to surprise their vigilance, or to find them unengaged in suitable
preparation for any event. Congress is required to " feel the duty of putting the United
States into an armour and an attitude, demanded by the crisis," a precaution applying
so forcibly to our own condition and interests, that it cannot fail to excite a correspon-*
dent feeling of the necessity of a seasonable readiness. On the verge of hostilities with
nations long unmindful of the obligations of national law, it would be needless to enu-
merate their repeated wrongs, or our unsuccessful appeals to their justice for redress :
should the destinies which await the nation, compel a vigorous resistance to the encroach-
ments so long continued upon the envied prosperity of our country, we will approach
the contest, animated by the fervent conviction, that we shall be supported by every prin-
ciple of a just and honourable cause.

The conduct and character of our federal administration afford us the most assured
and illumined proofs of virtuous measures, and manly intentions ; reflections that must
embolden every patriot and soldier in his progress through the trying perils of warfare.

should he be reduced to that alternative,

■-.;:

■

XQ36 RESOLUTIONS. 1811

In Senate. It is not now for us to repose on a boasted display of our designs, nor to rely on a

pompous expression of our feelings ; but should our services be required, it becomes us,
in the strength of calm and united exertions, invigorated by the constant sentiment of
inflexible rectitude, to meet the deprecated struggle with stern and unwavering con-
tempt of individual danger ; convinced that truth, reason and justice will be arrayed
against guilt, rapacity and violence.

The general government doubtless feels, on this eventful occasion, an anxious solici-
tude for a knowledge of the temper and sensibility of the nation ; we will, therefore,
with undissembled cheerfulness, hasten to declare our cordial approbation of its admi-
nistration, and our confidence in its future determinations. And as an honest pledge «of
the sincerity of this declaration, we do unanimously

*■

Resolve, That should the national legislature, in its wisdom, determine our interests,
our rights, or our honour to have been outraged beyond the tardy remedy of negotia-
tion, and that an appeal to arms must be substituted, we will, under the favour of Hea-
v*n, with one consent, and with proud alacrity, fly to aid, maintain and support the
government of our choice, and to defend, protect and preserve our beloved country.
Approved, 16th December, 1811.

IN SENATE, 10th December, 1811.

(No. 10.) The committee to whom was referred the petition of Jesse Bussin, praying the sanc-
tion of this legislature, so far as to authorize the state commissioners to lease to him
three acres of the town commons, for the purpose of establishing a slaughter-pen, Re-
port, they have examined the same, and believe no inconveniency would attend the leas-
ing of three acres as prayed for j Provided, the same shall not be applied to any other
use than that of a slaughter-pen ; therefore recommend the following resolution :

■*

Resolved, That the state commissioners do lease to Jesse Bussin, three acres of the
town commons for the establishment of a slaughter-pen, for the term of three years ;
Provided, he does not apply the same to any other use.
Approved, 16th December, 1811.

RESOLUTIONS. 1811.

1087

In Senate.

IN SENATE, 30th November, 1811.

The committee on the state of the Republic, to whom was referred the petition of (No. 11.)
Noris Lyons, Report, That

Whereas, Noris Lyons, captain of a troop of light dragoons, of the county of Ogle-
thorpe, has petitioned, in behalf of his company, for a supply of arms ; and whereas,
the deep importance of volunteer associations for the defence of a republic, as they
must ever be bottomed upon principles of patriotism, has been recognised and felt by the
state of Georgia » and whereas, the present crisis calls with more than ordinary induce-
ments for the encouragement of such associations ; and whereas, the company petitioning
through their captain for this supply are already nearly complete, and certain arms a&e
in the possession of the state, useless at present, and which cannot be better appropri-
ated than by investing them in th^ said association ;

BE it therefore resolved by the Senate and House of Representatives, in General Assem-
bly met, That the Governor be, and he is hereby authorized to deliver all the swords
now in possession of the keeper of the arsenal in Louisville, provided the number thus
appropriated be not above forty, to tlje order of Noris Lyons, or the then captain of
said troop ; Provided, the officer gives sufficient security for their safe keeping and re-
storation at the call of the executive.

Approved*, 16th December, 1811.

V:*

IN SENATE, 5th December, 1811.

Resolved, That the line run by Daniel Sturges, esquire, late surveyor general, between (No.
the counties of Baldwin and Wilkinson, shall be held and deemed the dividing line be-
tween the said counties of Baldwin and Wilkinson.
Approved, 16th December, 1811.

12.)

IN SENATE, 11th December, 1811,

Resolved, That the commissioners of the town of Milledgeville do cause to be laid
off to Jane Rucker, widow, three acres of land, out of the town common, adjoining the
lot now occupied by William . Jarratt, and lease the same to her for a valuable consi-
deration, for the term of ten years.

Approved, 16th December, 1811.

[No. 13.)

* ♦

108S RESOLUTIONS. 181

In Senate.
IN SENATE, 6th December, 1811.

(No. 14.) Resolved, That it shall be the duty of the justices of the Inferior Courts of Laurens
and Pulaski counties, or a majority of them, to convene at the house of Asa Pipkins,
on the dividing line between said counties, on the first day of February next, or within
twenty days thereafter, and pay over to John Thomas a reasonable compensation for his
services in surveying and laying out the county of Pulaski, and running the dividing
line between the aforesaid counties of Laurens and Pulaski, in conformity to an act,
passed thirteenth December, one thousand eight hundred and nine.
Approved, 16th December, 1811.

IN SENATE, 5th December,* 1811.

(No. 15.) The joint committee on finance, to whom was referred the petition of Nathaniel
Twining, having taken the same into consideration, recommend the following resolu-
tion : W-

**#

Resolved, That the prayer of the petitioner is^ reasonable,* and ought to be granted,

'* • • *

and that twenty-five dollars be appropriated accordingly.

Approved, 16th December,' 1811.

IN SENATE, 10th December, 1811.

(No. 16.) The special committee to whom was referred the memorial of Edmund B. Jenkins,
surveyor general, praying compensation for services rendered in his office,

. Report, That your committee are sorry to observe, that much evil and considerable
expense has grown out of the changes heretofore made*in some of the state officers ; for
we nnd that when Mr. €>tivrges, late surveyor general, was succeeded in his office, he
brought a charge against the state for fifteen hundred dollars, for anticipated services
performed in that office, which sum he has actually received ; and the claim of Mr... Jen-
kins being founded on his having to perform services which ought to have been done
by Mr. Sturges, that this evil appears to have .proceeded out of the premature appro-
priation made in favour of Mr. Sturges in the first instance.

Your committee, considering the justice of Mr. Jenkins's claim, relative to the me
-thousand certificates recorded by him, recommend that he be allowed ten cents for each

RESOLUTIONS. 181 i. H/J,v

certificate, amounting to the sum of five hundred dollars, and that the same be provided in Senate.
for in the appropriation law.

Approved, 16th December, 1811.

IN SANATE, 9th December, 1811.

The joint committee to whom was referred the memorial of Adams & Duyckinck, (No. 17.)
have taken the same into consideration, and deeming it important that the laws and con-
curred resolutions of one thousand eight hundred and ten should be added to the com-
pilation of the laws and resolutions now in the press, and considering that the circum-
stances stated in the memorial are sufficient to authorize an extension of time for print-
ing and publishing the laws and resolutions, recommend the following resolution :

Resolved, That the time for printing and publishing the laws and resolutions, as con-
tracted for by the memorialists, be extended to the first day of June next, on condition
that the laws and concurred resolutions of one thousand eight hundred and ten be added
and printed by the contractors, on the same terms as they have contracted to print the
compilation ; and for this extra work, his excellency the Governor shall be authorized
and required to pay the same out of the contingent fund.
Approved, 16th December, 1811.

\ih

* i

IN SENATE, 6th December, 1811

The joint committee to whom was referred the Governor's communication, dated (No. 18.)
29th November, one thousand eight hundred and eleven,

Report, That from a review of the constitution, they coincide in opinion with his
excellency, that, having no control over constitutional questions, it was not within the
contemplation of the constitution that his signature should be made to any article of
amendments to the constitution, upon which two-thirds of both houses had already
agreed ; nor is it necessary, in the opinion of your committee, for him to sign any
law to which he had dissented, and which afterwards passed by a majority of two-thirds
of both houses 7^

$ 6 Z

1090 RESOLUTIONS. 1811.

In Senate. The tenth section of the second article of the constitution is in the words follow-

ing, viz :

" He (the Governor) shall have the revision of all bills passed in both houses before
the same shall become laws, but two-thirds of both houses may pass a law, notwith-
standing his dissent ; 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 Gene-
ral Assembly by their adjournment shall prevent its return."

And the fifteenth section of the fourth article is in the words following, viz :

:***9+ **** ° ' *'

u No part of this constitution shall be altered unless a bill for that purpose, specify-
ing the alterations intended to be made, shall have been read three times in the house
of representatives, and three times in the senate, on three several 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 members 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 separate days in each respective house, then, and not
otherwise, the same shall become a part of this constitution."

From a view of these sections, your committee believe that the Governor's signature
is not intended in the passage of any bill upon which both houses had exercised their
constitutional right of two-thirds.

But as inconvenience may result, and in fact the objects of the constitution be de-
feated by amendments to the same, differing from each other, in two different sessions,
they recommend that the following rule be adopted by both houses, viz :

& ^ »P * *

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
introduced for its final passage at the next, and that no other bill be received in lieu
thereof.

Approved, 16th December, 1811. * *

RESOLUTIONS. 1811. 1091

0 * -.t . r . .. In Senate.

IN SENATE, 5th December, 1811.

The committee on the state of the Republic, to whom was referred the letter from (No. 19.)
certain commissioners appointed by the state of New-York, for the purpose of providing
for the improvement of the internal navigation of said state,

Report, That they have had the same under consideration, and duly weighed its ob-
jects, policy, and consequences. They are assured that the contemplated opening of a
canal navigation between the great lakes and Hudson river, is an object involving much
labour and expense, and such an undertaking as would justify a sister state, even so
remote from our own, in requesting pecuniary aid, on the ground of its difficulty.

They are also impressed with the policy and importance to the federal union of mul-
tiplying the ligaments which hold the states together, while they would studiously avoid
every thing which in the least might tend to a consolidation. The state which com-
mences the important policy of connecting extremes, therefore, in the estimation of
your committee, deserves the express approbation of every state in the union.

For the consequences of such an undertaking, are indirectly interesting to the whole
confederation ; for from hence may spring infinite ramifications of canals into other states,
and thence open the stores of the circumjacent territories of the great lakes, to every
state. The facilitation of interior commercial communication is certainly at this crisis
of primary importance, since the piracy and contempt of national law evinced by the
belligerents of the old world, must convince every reflecting mind that domestic manu-
factures should be sanctioned by every possible means, and the easy internal transitions
of them from place to place, will aid the great objects of independence.

I • . -* - . . S ^*** w* • -

But contemplating, as your committee are constrained to do, the resources of our
state3 and the probable application of its funds in the improvement of our own internal
navigation, and for the obtention of other objects of importance to our particular state ;
xhey are under the necessity of recommending, that no appropriation for effecting a con-
nection between the great lakes and Hudson river, be made on the part of the state of

Georgia.

# if

Expressing, as they have done, the approbation of the policy of connecting extremes
by canal navigation, it might seem incumbent upon your committee, to recommend the
exercise of the influence of the state of Georgia in the councils of the Union to which
she is entitled : but believing, as they do, that from the peculiar nature of this question,
that our representatives are possessed of the most correct means of information on this
particular subject, being at the centre of the Union, and deriving information of mem-

6 Z 2

1092 RESOLUTIONS. 1811.

In Senate, bers from adjacent states, they would recommend that the legislature avoid any step
which may tend to bias their minds.

Be it therefore resolved by the Senate and House of Representatives, That the Governor
be, and he is hereby requested to answer the letter herein referred to, to the effect
herein above expressed.

Approved, 16th December, 1811.

IN SENATE, 14th December, 1811.

| No. 20.) Whereas, there is no law or resolution compelling the secretary of state, treasurer,
surveyor general or comptroller general, to make out a list or schedule of all the books
of record in either of the said offices ; nor is there any check on the records of said
offices, so that should any book or books be lost or mislaid : therefore,

Be it resolved by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, and by the authority aforesaid, That it shall be the duty of the
aforesaid secretary of state, treasurer, surveyor general and comptroller general^ to
make out and lay before the next General Assembly true and correct lists of all the
books of records in each of their respective offices, designating in said schedule the dif-
ferent books, and what each contains, and the dates of such books.

Approved, 16th December, 1811. ^,

IN SENATE, 14th- December, 1811.

No. 21.) On communication of his excellency the Governor, enclosing an estimate of the va*
luation of the state-house, agreeably to a joint resolution of both branches of the legis-
lature being taken into consideration, it is hereby

Resolved by the Senate and House of Representatives, That the valuation reported by
Messrs. Crawford, Morgan, Robertson, Allen and Jordan be, and the same is hereby
acceded to by this legislature, so far as respects the bill submitted, amounting to se-
venty-four thousand nine hundred and seventy-six dollars, forty and one quarter cents.

And be it further resolved, That his excellency the Governor take suitable means to
recover back from Messrs. Thomas and Scott, the amount overpaid to them for said
work. 2,% ,.,^, ■■■•£*

Approved, 16th December, 1811.

RESOLUTIONS. 1811

1093

RESOLUTIONS,

WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES IN 1811

IN THE HOUSE OF REPRESENTATIVES,

Tuesday, 27th November, 1811. *

THE committee on the state of the Republic, to whom was referred the memorial of lTi *he House

x oi Represen-

Messrs. Thomas and Scott, relative to the completion and building of the state-house, tatives.

** (No. 22=)

Report, That as a speedy settlement between the commissioners of the state-house
and the undertakers is desirable, and ought without delay to be effected, we therefore
recommend the following resolution :

JZesohed, That the commissioners without delay appoint two fit and proper persons,
and the contractors also two fit and proper persons, who, together with the two ap-
pointed by the commissioners, shall appoint a fifth person, and the five persons so
selected shall, after having first taken an oath to value said building according to the
best of their judgments, proceed as soon as convenient to the valuation of said building,
and report the result thereof to his excellency the Governor. ^

And be it further resolved, That the persons to be appointed for valuing the state-
house, be directed to do it in such a manner as to give the legislature a full view of the
cost of the different items of mechanism, viz : the amount of laying of brick and stone
work, covering in of said house, casing and facing of the doors and windows, shutters
and sashes of the same, plastering and stucco work of the different rooms, flooring and
running the different stairs, the amount of the galleries, the amount of the different
wainscoting and pannel work, and also the amount of bannistering and glass ; and als*>
the amount of every and any other item not herein particularly specified.
Approved, 28th November, 1811.

• »

1094

RESOLUTIONS. 1311.

In the House
of Represen-
tatives.

(No. 23.)

IN THE HOUSE OF REPRESENTATIVES,

Friday, 29th November, 1811.

Whereas, the laying out and opening a road from the town of Hartford in Pulaski
county, to Colerain, in the county of Camden, leading through lands belonging to the
Creek Nation of Indians, would tend much to the benefit and advantage of the citizens
of this state, as well as to the United States, in facilitating the removal of stores or
troops from the western to the southern frontier of this state. t

Be it therefore resolved, That his excellency the Governor be, and he is hereby re-
quested to make application to the President of the United States for the purpose of ob-
taining so desirable an object.

Approved, 13th December, 1811.

IN THE HOUSE OF REPRESENTATIVES,

Saturday, 23d November, 1811.

(No. 24.) Resolved, That whereas, under the act of the legislature of the state of Georgia, au-
thorizing the commissioners of the academies of the several counties in this state to
purchase one thousand pounds worth of confiscated property for the use of the acade-
mies of their respective counties, the commissioners of the academy of the county of
McIntosh did purchase, at the confiscated sales, lands to the amount of the sum they
were entitled to under the said act ; in which purchase was included a tract of land con-
fiscated as the property of Wright, which tract, after a tedious and expensive

suit, has been legally decided to be the property of a citizen of this state, and the said
county of McIntosh has been deprived of the advantages intended to be given by the
said act, except the sum of fifty-four pounds nine shillings, which the commissioners
aforesaid did secure by the purchase of one other tract.

Resolved therefore, That the commissioners of the academy of the county of Mcin-
tosh be, and they are hereby authorized to purchase to the amount of nine hundred
and forty-five pounds, eleven shillings worth of any confiscated property that may here-
after be sold, for the use of the academy of the county of McIntosh.
Approved, 13th December, 1811.

« •

RESOLUTIONS. 18.11.

1095

IN THE HOUSE OF REPRESENTATIVES,

Friday, 29th November, 1811.

The committee to whom was referred a resolution of this house, in the words fol-
lowing, " Resolved, That a committee be appointed to enquire into the propriety of the
corporation of Milledgeville licensing Faro-banks, E. O, tables, &c."

Report, That with concern they have for several years witnessed the prevalent and
increasing habit of gambling, which seems to pervade a certain order of the community
in this state, and particularly in the town of Milledgeville ; that they deem it the espe-
cial duty of the legislature to suffer nothing to exist under its eye, which can tend either
to excite or confirm habits injurious to society at large ; that the town of Milledgeville,
being the permanent capital of the state, and the place of residence and convening of the
governing and constitutional authorities, should, in every case, set such an example as
should deter lesser corporations or communities from vice in every shape : Therefore,

Resolved, That it is strongly recommended and required of the corporation of the
town of Milledgeville, and county officers of Baldwin county, and all other corporations
and county officers, to use the most energetic measures consonant with law, to arrest all
Faro-banks, E. O. tables, or gambling of every description, and to put the vagrant
act into full force, or any law which has a bearing on gaming or gamblers.
Approved, 14th December, 1811.

In the House
[of Represen-
tatives.

(No. 25.)

IN THE HOUSE OF REPRESENTATIVES,

Saturday, 7th December, 1811. «

Resolved, That whereas, many persons have heretofore become securities to the pur-
chasers of the town lots in Milledgeville ; and whereas, those purchasers have delayed
payment at the risk of their securities ; and whereas, if the legislature should be in-
clined to give further indulgence to those purchasers, it would seem unjust that such
indulgence should be extended at the risk of the securities : for remedy whereof,

fo. 26.)

Be it resolved, That on application to the treasurer, by any such security or securi-
ties, his or their executor, administrator, agent or attorney, it shall be the duty of the
treasurer, forthwith to place in the hands of the attorney or solicitor general, the obli-
gation or obligations whereby the said applicant and his principal are bound for the
payment of monies to the state, and it shall be the duty of the said attorney or solicitor
general to pursue such measures as may enforce a speedy collection of the same.
Approved, 14th December, 1811,

^■I^Ku^

1096

RESOLUTIONS. 1811.

In the House
of Represen-
tatives.

IN THE HOUSE OF REPRESENTATIVES,
Friday, 6th December, 1811.

(No. 27.) The joint committee on finance, to whom was referred the resolution from the house
of representatives, requesting the committee to inquire and ascertain what fund can be
appropriated for the rearing a penitentiary edifice, beg leave to recommend the follow-
ing resolution :

Resolved, That the sum of ten thousand dollars be, and the same is hereby appropri-
ated for the rearing of a penitentiary edifice, to be drawn for during the year one thou-
sand eight hundred and twelve.

Approved, 14th December,^ 1811.

IN THE HOUSE OF REPE SENT ATI VES,

Thursday, 5th December, 1811.

(No. 28.) Resolved, That his excellency the Governor be, and he is hereby requested to obtain,
from the proper department of the general government, information respecting monies
now in its possession due to the state of Georgia, and how much they are willing t©
pay ; and to make a report to the next General Assembly.
Approved, 14th December, 1811.

IN THE HOUSE OF REPRESENTATIVES,

Friday, 13th December, 1811.

Resolved, That his excellency the Governor be requested to pay, out of the contin-
gent fund, to Obadiah Crawford, Stokely Morgan and William Jordan, the sum of fifty
dollars each, in addition to the, sum appropriated to them by law.
Approved, 16th December, 1811.

IN THE HOUSE OF REPRESENTATIVES,
Friday, 13th December, 1811

(No. 30.) Resolved, That his excellency the Governor, and the commissioners appointed to con-
tract for the erection of a penitentiary edifice, do fix on the site thereof, as near the cen-
tre of the penitentiary square as convenience will admit of, and lay off a square round
the building, the area of which shall contain four acres, for the purpose of out-works

RESOLUTIONS. 1811

1097

and garden, with a street of convenient width ; and lay out the balance of said square

of Represen
half acre lots, subject to the disposition of a future legislature, for the use of the pe- tatives.

mtentiary.

Approved, 16th December, 1811

IN THE HOUSE OP REPRESENTATIVES,

Wednesday, 11th December, 1811.

Resolved, by the Senate and House of Representatives, in General Assembly met, That (No. 31.)
John Howard, John W. Devereux and Hubert Reynolds be, and are hereby appointed
commissioners for contracting with mechanics for the rearing of a penitentiary edifice ;
and that the Governor be, and is hereby authorized to advertise for mechanics to per-
form this work, and to suggest such plan of a building, as he may deem suitable for the
confinement of criminals ; and that his signature be necessary to all contracts made by
said commissioners, previous to such contracts being deemed valid.

And be it further resolved, That the sum of ten thousand dollars, appropriated for the
rearing of a penitentiary edifice, be, and is hereby placed under the control of his ex-
cellency, for the payment of contracts entered into by said commissioners, and approved
of by him.

And be it further resolved, That if any of the said commissioners shall, on notifica-
tion of their appointment, decline acceptance of such appointment, the Governor is here-
by authorized to supply such resignation or non-acceptance.
Approved, 16th December, 1811.

IN THE HOUSE OP REPRESENTATIVES,

Friday, 29th November, 1811.

Whereas, great inconveniency has been experienced from the discontinuance of the (No. 32.)
mail route between the city of Savannah and the town of Milledgeville, by the way of
Louisville and Sandersville, tending greatly to procrastinate the time of receiving or
transmitting information to and from the principal commercial city in this state, where
most of the mercantile transactions between the merchants and planters take place.

Resolved by the Senate and House of Representatives of the state of Georgia, in General
Assembly met, That our senators in the Congress of the United States be instructed,
and our representatives requested, to use their interest and influence to have the said
mail route or post road re-established ; and that his excellency the Governor be request-

7 A

1098 RESOLUTIONS. 1811.

in the House ed to transmit a copy of this resolution to our representatives in the Congress of the
of Represen-
tatives. United States.

Approved, 16th December, 1811

IN THE HOUSE OP REPRESENTATIVES.

Wednesday, 11th December, 1811.

(No. 33.) Resolved, That Messrs. Barnett, Dooley, Park, Telfair, Ware, J. Jackson, Elliott and
J. A. Cuthbert, be a joint committee, to form a committee on the criminal code ; and
that they be authorized to have one or more meetings during the recess of the legisla-
ture, with power to add to and enlarge the extent of articles embraced by the code now
reported, and further to recommend such alterations in that code as they may deem ne-
cessary.

Approved, 16th December, 1811.

RESOLUTIONS, 1812.

1099

RESOLUTIONS,

WHICH ORIGINATED IN SENATE IN 1812.

IN SENATE, 6th November, 1812.

In Senate.

Resolved, That James Pittman, George Eberhart, Nathan Meroney, George Christian (No. 34.)
and James Thompson be, and they are hereby appointed commissioners of the Madison
county Academy, and that they be, and are hereby authorized, either by themselves or
their agent, to purchase at any sales of confiscated property, the amount of one thousand
pounds for the use of the academy of said county, as heretofore allowed the several
counties in this state, by the seventh section of an act of the General Assembly of this
state, passed on the twentieth day of December, seventeen hundred and ninety-two.
Approved, 16th November, 1812.

IN SENATE, 6th November, 1812.

Resolved, That the justices of the Inferior Court and justices of the peace of Mcin-
tosh county, be authorized to confine in the jail at Darien, in said county, all criminals,
until a county jail is erected.

Approved, 16th November, 1812.

(No. 35.)

IN SENATE, 17th November, 1812.

The committee on the state of the Republic, to whom was referred documents, No. 1. (No. 36.)
and 2. on the subject of East Florida, beg leave to submit the following memorial as
their Report :

VTo the Congress of the United States,

The legislature of the state of Georgia, having taken into their consideration the
relations between the province of East Florida and the state they represent, with every

7 A 2

1100 RESOLUTIONS. 1812.

In Senate, sentiment of deference and respect, submit to the consideration of your honourable
body, their memorial and remonstrance.

The numerous and multiplied aggressions by Spain upon the commerce, the rights,
and the dignity of the United States, since the ratification of the treaty, concluded be-
tween the two governments, on the 20th of October, 1795 ; which wrongs are yet unre-
dressed, and her spoliations on our commerce yet unatoned for ; and since the purchase
of Louisiana, by the United States, from France, with the same limits and boundaries
*:eded to France by Spain, that government has uniformly refused, and does now forci-
bly retain possession of a part of said territory, including the town of Mobile, obviously
within the limits of said territory thus purchased, in violation of that good faith which
should always subsist between nations not at war with each other ; and that the govern-
ment of Spain being now in the hands of a regency, not recognized by the United States
as legitimate authority ; independently of this, the alliance between Spain and Great
Britain, with whom we are now at war, renders it, in the opinion of your memorialists,
highly expedient, nay, indispensably necessary, that your honourable body should adopt
efficient measures to authorize the President of the United States to take immediate
possession of the province of East Florida, as well as that portion of West Florida,
purchased from France, but still retained by Spain. The contiguity of the province of
East Florida to the state they represent, together with the influence which it has had,
and may have upon the Indians within the boundaries of the United States, makes it
necessary for the safety and interests of the states generally, and that of their southern
frontier in particular, to take measures to occupy immediately the province in question,
by the forces of the United States : your memorialists are impelled to this recommen-
dation from a consideration of the following facts :

1st. That the port and island of Amelia, belonging to the province of East Florida,
is a rendezvous for smugglers, whose patriotism has long since been prostrated at the
shrine of avarice, and who, by ministering to their own rapacity, violate the laws of the
Union, and strengthen the enemy, by treasonably affording them aid and comfort, there-
by prolonging the war, which the injustice and oppression of Great Britain has com-
pelled the United States to declare against her.

2d. That by suffering the province of East Florida to remain in the possession of
Spain during the present contest with Great Britain, with whose government Spain is in
intimate alliance, we may reasonably expect reinforcements from the Havannah or else-
where, of British and Spanish forces ; which, acting in conjunction with their savage
allies, already in the province, must inevitably eventuate in the destruction of the fron-
tier inhabitants of this state. Add to this, the difficulty with which we could take pos-

RESOLUTIONS. 1812. 1101

session of the fortress of St. Augustine, (if indeed it be practicable at all,) when in in Senate.
possession of a competent force.

3d. That in the event of a strong force, either British or Spanish, occupying East
Florida and the island of Cuba at the same time, the whole trade of the western states
bordering on the Mississippi, must be totally annihilated ; that being the key to the en-
trance of the Mississippi, and being in possession of the enemy, our vessels would have
to sail around the island of Hispaniola, which would expose them to the danger of fall-
ing inevitable victims to British cruisers.

Your memorialists would not presume to enter into a further detail of facts, which
are so well known to your honourable body, and by whom, they trust, so justly appre-
ciated ; believing, as they do, that every friend to the peace and safety of this country
will cordially unite in effectuating an object, by which the chances of speedily terminat-
ing the war will be so greatly multiplied.

Your memorialists are aware, that the provisions of the constitution of the United
States forbid any state from engaging in war, unless actually invaded, or in such immi-
nent danger as will not admit of delay. That this danger exists, and that the persons
and property of citizens resident in the south-eastern section of the state they repre-
sent, cannot be considered safe, while the war continues with England, and East Florida
remains in the possession of Spain, her ally ; that the sovereignty of the state has been
invaded by the murder of one man, and the wounding another within the limits of the
state of Georgia, by the Indians residing in the province of East Florida ; and where
is the difference in the criminality of the act, (they beg leave to ask,) between the com-
mission of a crime by the subjects of Spain in East Florida, and its commission by a
people resident in their province, and whom they supply with arms, ammunition and
protection ? That this is the fact cannot, will not be denied, when it is recollected, that
not only the Indians in the province are provided for and protected, but that a general
invitation has issued from the fortress at Augustine to the blacks in the province, to
take protection in the fort, and they will be furnished with arms and implements of war
necessary for the execution of their nefarious purposes.

Your memorialists would further state, that nothing but that reverential respect which
they ever felt, now feel, and will ever feel for the constitution of these states, has thus
long prevented them from avenging the manifold injuries they have received, and so
long supported from the minions of that corrupt and corrupting province ; and should
the period ever arrive, (which they pray Heaven to avert,) when the constituted audio-
rities of the United States shall deny them that aid, which the safety, the honour and
interest of the southern frontier of the Union, the state they represent, so imperiouslv

1102 RESOLUTIONS. 1812.

In Senate, require, they will deeply regret the necessity which shall compel them to resort to those
means which God and nature has placed within their reach, to demand that justice from
their insolent oppressors, which the duty they owe to themselves, their country and pos-
terity, requires at their hands.

Approved, 21st November.

IN SENATE, 18th November, 1812.

(No. 37.) The committee on the state of the Republic, considering the critical situation in which
the citizens of the eastern district and other frontier parts of this state are placed dur-
ing the present hostilities with Great Britain ; and also considering the danger with
which the said district and other frontier parts of this state is menaced from East Flo-
rida, beg leave to report and recommend the following resolutions :

Resolved, That his excellency the Governor be, and he is hereby directed to request
of major general Thomas Pinckney, a detachment of the quota of the state, to be sta-
tioned on the sea-coast and other frontier parts of this state, as may be best calculated
to protect and defend the exposed situation of said state.

Also resolved, That his excellency the Governor be, and he is hereby authorized to
furnish the militia of the eastern section, and other frontier parts of this state with arms
and ammunition.

Resolved, That his excellency the Governor be directed to urge on major general Tho-
mas Pinckney, the justice and necessity of furnishing a portion of continental troops,
together with the requisite arms and ammunition, for the defence of the sea-coast and
other frontier parts of this state.

And be it farther resolved, That until the foregoing arrangements are carried into
effect, that his excellency the Governor be authorized and required to cause one full com-
pany of infantry to be stationed in each of the following counties, viz : Chatham, Bryan,
Liberty, McIntosh, Glynn and Camden, at such place in each county as shall be deter-
mined upon by their respective colonels ; and when so called into service, and whilst
remaining therein, shall be under the same rules and regulations, and be entitled to the
same pay and rations with the militia troops of the United States.
Approved, 27th November.

RESOLUTIONS. 1812. i 103

In Senate.
IN SENATE, 23d November, 1812.

Resolved, That his excellency the Governor be, and he is hereby directed to take (No. 38.)
the necessary steps to bring before the proper authority, Jesse Bryan, to account in
what manner he came by the certificates mentioned in his communication.
Approved, 27th November.

EN SENATE, 26th November, 1812.

The committee on the state of the Republic, having examined the law of Congress, (No. 39.)
passed the 5th of March, 1792, also the letter of Henry Knox, secretary to the war de-
partment, to the Governor of this state, the deed of cession, and every document
accessible to the committee, that could afford them information upon the subject of
making effectual provision for the defence of the frontiers of the United States, as it
respects the state of Georgia's unsettled claims for military services rendered, so far in
particular as regards the claim of Jonas Fauche and a troop of horse under his com-
mand, from the twenty-third day of April, one thousand seven hundred and ninety-
three, to the thirty-first day of March, one thousand seven hundred and ninety-four
inclusive, and others similarly circumstanced, are of opinion, that there is the clearest
evidence, that the said claims are just, and that said services ought to be compensated
by the general government, and not by the state of Georgia ; they therefore recommend
the following resolution :

Resolved, That his excellency the Governor of this state, be requested to instruct the
senators, and earnestly urge and request them and the representatives from this state in
Congress, to urge and prosecute the claims of Jonas Fauche and others, for pay due to
them for military services performed for the United States, from the twenty-third of
April, one thousand seven hundred and ninety-three, to the thirty-first May, one thou-
sand seven hundred and ninety-four, and the claims of others similarly circumstanced,.
Approved, 7th December.

• IN SENATE, 30th November, 1812.
The select committee on the memorial of John MeKinnon, (No. 40.)

Report, That they have taken the said memorial into their consideration, and find that
the memorialist is entitled to the commissions as set forth in his said memorial, and
your committee recommend the following resolution :

1104 RESOLUTIONS. 1812.

In Senate.

Resolved by the Senate and House of Representatives of the state of Georgia, in General
Assembly met, and it is hereby resolved by the authority of the same, That the island
known by the name of Carr's Island, situate in the Altamaha river, and county of
McIntosh, originally granted for two hundred and twenty acres, and part of the confis-
cated property of Bazil Cowper, returned by major Lachlan McIntosh to the commis-
sioners of confiscated estates, be sold forthwith by the sheriff of McIntosh county, at
the court-house of said county, after thirty days' public notice in one of the gazettes
of Savannah ; and the sum of one thousand seven hundred and eleven dollars and ten
cents be paid out of the proceeds of said sale to John McKinnon, one of the commis-
sioners of confiscated estates, in full satisfaction for his claim upon this state, for his
commissions on former sales.

And be it further resolved by the authority aforesaid, That in the event of the said
island selling for no more than the amount of the claim of the said John McKinnon,
together with the twenty per centum due the heirs of major Lachlan McIntosh, or for a
less sum, that then the said island be bid off for the state ; and the commissioners of
confiscated property are hereby authorized to make titles to the said John MeKinnon
for the said island, in lieu of, and in full satisfaction for his claim: Provided, he the said
John McKinnon pays, or secures to be paid, to the heirs of major Lachlan McIntosh>
the twenty per centum on the amount of his claim due them, for the information rela-
tive to the said confiscated property.

Approved, 7th December.

IN SENATE, 18th November, 1812,

(No. 41.) The committee on the state of the Republic, having had under their consideration so
much of his excellency the Governor's communication as relates to Indian affairs, Report
as follows :

That from the contents of the documents, which they have attentively considered in
every point of view, the conduct of his excellency Governor Mitchell has been entirely
correct, and in its tendency manifestly beneficial to the community at large. His duties,
although arduous, have been discharged with an ability and promptitude entitling him
to the full and perfect confidence of your committee. They beg leave further to report
the following resolutions :

Resolved, That his excellency the Governor be, and he is hereby authorized to call
out and station at any place on the frontiers of this state, to be employed in any part of
the Indian territories, as occasion may require, or as he may think expedient, any num-

RESOLUTIONS. 1812. r |Q 5

ber of cavalry, to be taken from the volunteer corps in any part of the state, or militia In Senate.
of the line, or volunteers from the militia, not exceeding one-third thereof, as he may
think sufficient to chastise the violent aggressions already committed by any Indians on
our borders, or which may hereafter be committed by them ; the term of service of said
troops, and the payment thereof, to be regulated in such manner as is pointed out by
the laws of the United States in similar cases ; and also that he be authorized to
take such measures as he may deem proper and requisite, to open a path or road leading
from any part of the said frontiers to Trader's Hill, or any other paths or roads in the
Indian territory, which may by him be considered necessary to the prosecution and ac-
complishment of the objects above expressed.

Resolved, That his excellency the Governor may, and he is hereby empowered, if it
should in his opinion become essentially necessary and expedient for the safety of the
state, to employ the forces called into service by him, in pursuance of the above resolu-
tion, in co-operation with any forces which the general government may hereafter send
to East Florida, for the reduction of that province.
Approved, 9th December.

w \

IN SENATE, 30th November, 1812. . »

The committee on the state of th*e Republic, to whom was referred the petition of (No. 42.1
Reuben S. Saffold, and the counter petition of sundry merchants of the city of Savan-
nah, Report as follows, viz : $

if*

Whereas, it is expressed by the tenth section -of the first article of the constitution
of the United States, " that no state shall, without the consent of Congress, lay any
duty of tonnage." And whereas, the state of Georgia passed a law, dated the twelfth
December, one thousand eight hundred and four, authorizing the harbour master and
health officer of the ports of Savannah and St. Mary's to receive, from all foreign ves-
sels, four cents per ton, and from all American vessels, two cents per ton, which shall
arrive at said ports.

And -whereas, the law of Congress sanctioning the law of Georgia, expired in March
one thousand eight hundred and twelve, in consequence of which the harbour master
and health officer aforesaid have not received their respective fees, notwithstanding thev
have faithfully discharged the duties of their several appointments,

: 7B •

m ' *

**^J^_ . wAfclt J-mA. 4^F$ "-Utiniiii m\nm.

«%

1106

RESOLUTIONS. 1812.

In Senate

Therefore, Resolved, That the senators and representatives from this state, in the
Congress of the United States, be required to use their best.e'hdeavours to obtain the
consent of Congress to an act of the state of Georgia, passed the twelfth day of De-
cember, one thousand eight hundred and four, for the term of one year from the first
day of December, one thousand eight hundred and thirteen, so far as to authorize the
harbour master and health officer of the ports of Savannah and St. Mary's to collect a
duty on the tonnage of all foreign vessels, four cents per ton, and on all American ves-
sels, two cents per ton, in full of all fees, dues or demands whatsoever, for the service
of them the said harbour master and health officer respectively.
Approved, 9th December.

IN SENATE, 30th November, 1812.

(No. 43.) -*»• Whereas, by the first section of the act incorporating the Planters' Bank of the state

i^ of Georgia, passed the 3d December, 1811, one thousand shares, of one hundred dollars

each, is reserved until the first day of January, one thousand eight hundred and thirteen,
on the original terms, then or at any prior time to be taken by the state, according to
the pleasure of the legislature :

Resolved therefore, That his excellency the Governor be, and he is hereby authorized
and required to cause the said one thousand shares to be subscribed for, within the time

limited for the state of Georgia, V

Arid be it further resolved, That an appropriation be made in the appropriation' act to
be passed this session, for one hundred thousand dollars, for the purpose aforesaid, to
be by him applied in said subscription, according to the constitution and bye-laws of
said bank ; and that the Governor be, and he is hereby authorized to raise the whole, or
any part of the amount necessary to be immediately paid to the bank upon said sub*
scription, by discount with the said bank on the Bank of Augusta. .

Approved, 9th December. i W « k " , ,

.'••.

IN SENATE, 30th November, 1812,

(No. 44.) Resolved, That the commissioners of the town of Milledgeville be authorized and
required to measure and lay off five acres of land of the town common, on the north
side of Rocky creek, below where the road crosses the said creek, near Joseph B,
Jones's,' and lease the same to George Micklejohn, for the term of twenty years, for the
purpose of erecting a tan-yard thereon ,

RESOLUTIONS. 1812. 1107

^gl Jra^ 6e if further resolved, That the said George Micklejohn be, and he is hereby in Senate,
authorized to convey water to the said tan-yard, from a spring known by the name of
Lower Commissioners Spring ; Provided, he does not obstruct any public road.
Approved, 9th December.

IN SENATE, 8th December, 1812.

Whereas, by an act for laying out and defining the boundary of Emanuel county, (No. 45?
the present site of the public buildings of the county of Montgomery is within the lines
of the said county of Emanuel ; And whereas, no provision is made in said act relative
to public officers ; for remedy whereof,

Resolved, That Benjamin C. Cray, Thomas Moore, John H. Bryant, Robert Flour-
noy and Moses Daniel be, and they are hereby appointed justices of the Inferior Court
of the county of Montgomery. l^

Also resolved, That the aforesaid justices of the Inferior Court aforesaid be, and they
are hereby appointed commissioners to fix on the site of the public buildings for the
said county of Montgomery, and all elections and Superior and Inferior Courts shall be
held at the house of James Alston, until such public buildings may be erected. ^

Approved, foth December.

IN SENATE, 6th December, 1812.

Resolved by the Senate and House of Representatives, That the commissioners of the (No. 46.)
town of Milledgeville are hereby authorized and required to measure and lay off two
acres of land on the south side of Fishing creek, adjoining a fraction belonging to
George Micklejohn, to Willoughby Jordan, for the term of ten years, for the purpose
of erecting a tan-yard thereon, the said two acres of land being on the town common.
Approved, ioth December.

IN SENATE, 27th November, 1812.

w ■

Resolved by the Senate and House of Representatives, in General Assembly met, That (No. 47.)
the Governor be directed to apply to the President of the United States, requesting a
road may be opened from Tugalo in this state, through the land of the tipper Che-

. * 7B2

— -^

1108 RESOLUTIONS. 1812.

■ -•■ "■ ...,,... m — . — ,. ,,,,.,. a , . -

In Senate, rokees, by Cowee Equanuttee and Tullussee, intersecting the road leading from Tellico
to Marysville, or from Tugalo by- the most direct and convenient route to the settle-
ments in East Tennessee.

Approved, 10th December.

IN SENATE, 5th December, 1812.

(No. 48.) Whereas, there are a number of persons residing within the limits of this state,
whose names, appear on the list of banishment and acts of confiscation, and have not
made applicatipn to the government of this state, praying a restoration of citizenship ;
And rv he re as, it may appear that more or less of those persons aforesaid now have, or
hereafter may have, appointments in this state in a civil or military line, which appoint-
ments are contrary to law, and the interest, wish and spirit of 'this government: for
remedy whereof,

Be it resolved by the Senate and House of Representatives, That his excellency the
Governor is hereby authorized and requested to have the names of all those persons
which appear in the act aforesaid, published in. two or more of the public gazettes of
this state, who have not heretofore been restored to citizenship.
Approved, 10th J).ecemberi

IN SENATE, ■ — , 1812.

(No. 49.) The committee on the state of the Republic, to whom was referred the letter of Colo-
nel Newnan, containing an account of the expedition lately conducted by him against
the Seminole Indians in East Florida, beg leave to Report: That the subject presented
in this interesting document, considered in relation to the brave and patriotic persons to
which it alludes, and their still more brave and devoted services to their country, emi-
nently challenges a frank expression of our acknowledgments, and directs a feeling ap-
peal to our gratitude. Unaccustomed to war, and the various consequences which mark
its progress, an eventful experiment was involved in the call of the nation, upon the
untrained valour of a peaceful people ; and but for the native principles of bravery,
combined with an ardent love of country, derived from ancestors constitutionally free
from fear, which warm the bosoms of our youthful warriors, we might be left in fearful
and dubious suspense as to the issue of this new and untried contest. In the state of
reluctant hostilities to which this nation has been justly provoked', by the vicious pas-
sions of an unprincipled government, we have witnessed the ready appearance of gene-
rous and disinterested volunteers, anxious to breast the first rude approach of an odious

RESOLUTIONS. 1812. 1109

and deprecated struggle. Prompted by a glowjjig affection for their country, and influ-
enced by the opening prospect of fame, they tendered their willing services to protect
the perilous situation of our most exposed fellow citizens ; and the contemplation of
these services, from their commencement to their splendid termination, awakens emo-
tions which cannot be repressed within the dull limits of cold detail.

At an unfriendly season, uninured to its sultry influence, and upon the first alarm of
danger, did this little soldierly band assemble in prompt and eager haste to meet the
threatening exigency : their comfortable homes were cheerfully forsaken ; they pressed
from the fond and affectionate embrace of friends and relatives ; they encountered with-
out a murmur the multiplied fatigues of tiresome marches ; through dreary forests and
scorching sands, they perseveringly buffeted the rain and wind of a fickle climate ; dis-
ease, with more than common wantonness, rioted upon their vigorous health ; far from
parental or friendly care, and amidst every privation and distress, did they support with
manly fortitude their trying vicissitude of condition. Such instances of youthful patri-
otism have occurred but seldom in any age of our country, and are rare indeed upon the
page of history. The annals of martial deeds may be safely dared to display a scene of
courage and of suffering equal to that, which a part of this intrepid corps bravely and
inflexibly sustained : they were advanced, with skill and cool deliberation, against a su-
perior enemy, and after the most signal proofs of steady firmness and patient resolution,,
their heroic exertions were crowned with repeated and honourable victory. Their' s was
no trivial enterprise, although engaged against an enemy whose horrid warfare dismays
the common mind, and tests the coward heart ; although in the bosom of a wild and sa-
vage country, surrounded by prowling and butchering barbarians, worn down by long
and laborious, marches, exhausted by impetuous but successful battle, assailed by vigor-
ous famine, haunted by a lurking deadly foe by day, and from the groans of sick and
wounded deprived of rest^by 'night ; yet for seven days, through every pressing danger,
did ^they brave these dire distresses, and maintain the boasted character of the veteran
soldier. It is to services like these, a grateful country will readily pay the just tribute
of respect and applause, and to the disconsolate families of those who have fallen early
martyrs in so glorious a cause, will cheerfully administer that support of which they
have been deprived.

In Senate.

Therefore, Resolved, That the volunteers who so promptly assembled and marched
from different quarters of the state, at the call of the commander in chief, then acting as
commissioner in the service of the United States, to defend the south-eastern extremity
of our frontiers-, and who were always in such willing readiness to engage in any expe-
dition which he, might direct, have acted with patriotism and courage, well meriting the
shanks of this legislature,

1110 RESOLUTIONS. 1812.

In Senate. Resolved, That those volunteers wrjp have lately been engaged in an expedition

against the hostile Indians in East Florida, have evinced acts of intrepidity and a love
of country loudly claiming the hearty applause and entire approbation of the General
Assembly.

Resolved, That his excellency the Governor be authorized to draw on the treasury for
any money not otherwise appropriated, to the amount of one year's pay, at five dollars
per month, in favour of the families, if any they had, of those persons who fell in the
engagement with the Seminole Indians, in a late expedition conducted by the adjutant
general of this state. %

Approved; 10th December.

IN SENATE, 25th November, 1812.

(No. 50.) Resolved, That it shall be the duty of the justices of the Inferior Courts of the
counties of Laurens and Pulaski, to pay over to John Thomas a reasonable compensa-
tion f6*r his services for surveying and laying out the county of Pulaski, and running a

w^ ■ sp /.

dividing line between the aforesaid counties of Laurens and Pulaski, on the said John
Thomas exhibiting his account to the said justices of the Inferior Courts of the coun-
ties aforesaid; who, on examining the same, it shall be the' duty of the justices afere*
said, for their respective counties, to pay the aforesaid John Thomas his demand,
equally between them, and in conformity to an act, passed the thirteenth dav of De-
cember, one thousand eight hundred and nine.

Approved, 7th December.

* .

■vfe--*fc i/

m * 4fc IN SENATE, 26th November, 1812.

(No. 51. J Resolved, That David Blackshear and Noah Stringer, esquires, be, and they are
hereby appointed commissioners for the county of Laurens^ in the room of Benjamin
Adams and Jethro B. Spivey, resigned ; and be it further resolved, that Amos Love and
Neal Munroe, esquires, are appointed commissioners for the said county of Laurens.
Approved, 7th December.

— -— — - #P

•l " . " ■ ♦* IN SENATE, 26th November, 1812.

(No. 52.) Resolved, That the commissioners of the town of Milledgeville do lease to Jane
Rucker, five acres of land out of the town common adjoining the lease she already is
in possession of, for the term of nine years.
Approved, 7th December.

RESOLUTIONS, 1812.

1111

Mft

RESOLUTIONS,

^4NM#*"<ft **•*>

#*i*W*

4t*

WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES IN 1812.

*-*nfc

IN THE HOUSE OF REPRESEN'

•*>

In the House

of Repi'esen=

tatives.

INTATIVES,
I

Wednesday,. 18th November, 1812.

To the Senators and Representatives of the state of Georgia, in the Congress of the

United States.

•A

Gentlemen,

The General Assembly of the state of Georgia beg leave through you, gentlemen, to (No. 53.)
remonstrate against the trade now carried on with Spain and Portugal, under the sanc-
tion and authority of law, and for these obvious reasons ; that Spain and Portugal are
allies of Great Britain,, occupied by her troops, and as much dependent upoh the power
and, influence of Great Britain, as if they were component sections of her empire, or co-
lonies thereof. In feeding, therefore, the armies of England in Spain and m Portugal, or
any other pretended neutral power in alliance with, or dependent upon the energies of
Great Britain, is indirectly supporting that government, or supplying it with the means .
(not otherwise to be obtained) of protracting the just and necessary war in which our
Republic is*now engaged, to an indefinite extent, and at the same time, exhibiting foTlie
world the curious spectacle of one belligerent generously aiding the efforts of the oppos-
ing belligerent : the trade to these allies of Great Britain, is not, and cannot be counte-
nanced or tolerated by that portion, and it may be added, that overwhelming majority
of the citizens of these United States, who have supported, and'will continue to sup-
port our national government, in this second contest with the haughty and oppressive
monarchy of England. . ** •» , ^ *;. *• " m

The people of this state are known to be zealously devoted to the republican institu-
•lions of their country, as well as to their present rulers and administration, and are pre-
pared at all hazards to sacrifice their lives and their fortunes in the present contest with
the enemy. But the legislature of Georgia would again beg leave to ask, through you,
gentlemen, of what avail those efforts wdl be, if opposed by avaricious speculators sup-
plying the starving armies of England in .the Spanish Peninsula ? Would not the Bri-
tish government sacrifice, readily sacrifice her possessions on this continent, if permitted

• r

1112 RESOLUTIONS. 1812.

In the House xo maintain its ground in Spain and Portugal, through the facilities of a commercial in-
ofRepresen- ^- *

tatives. tercourse between those countries and United America?

The General Assembly of Georgia can neither comprehend, nor accede to the policy
which suifers that intercourse. In its effects, it operates exclusively to the ruin of the
interior agriculturalists, and of all the patriotic farmers and planters of the United States
who will not, or are not disposed to consent to the exportation of rice, flour, grain or
.other bread stuffs and provisions to the said countries occupied by British armies, and
can only be promotive of the views and interests of a class of speculators with whom all
forms of government are the same, and who are ever ready to erect their fortunes upon
the ruins of justice and the nation ; with these statements before you, gentlemen, ema-
nating from this source, you are hereby requested, for and in behalf of the state of
Georgia, to remonstrate against any measure which has, or may be taken, to legalize
the intercourse referred to ; and also to use your best exertions to inhibit it by an act
of Congress* of the United States. .

Approved, 24th November.

*9* Iff ,\ ■ ■--

IN THE HOUSE OF REPRESENTATIVES.

Thursday, 12th November, 1812.

(WO. 54.J ^he jomt committee appointed to contract for the printing of the laws, journals and
concurred resolutions of the present session of the legislature, having received propo-
sals for printing the same, to wit : from John E. Kean, and from Messrs. S. & F. Grant-
land, and having duly considered the said proposals, are of opinion that the terms upon
which said S. & F. Grantland offer to perform the same, are the most advantageous to
the state, they offering to print the laws and resolutions at two and one-third cents per
sheet, and the iournals at two and three-fourth cents per she8t.

' # " W - *%? * ■

Mr. J. E. Kean proposing to print the same, the first at two and three-fourth cents
per sheet, and the latter at three and one-fourth cents per sheet, on nearly the same spe-
cimen of type and paper. The committee do therefore recommend the following reso-
lution : . ^ -.-/»-• V.

• * "*"*• •.'•■#£..'% • * ' • *

m ' Resolved, That Messrs. Seaton and Fleming Grantlajp. have the printing of the laws,-
journals and concurred resolutions of the present session of the legislature.
4 Approved, 1st December,

umm

-— - —~ - -^

1 Q

RESOLUTIONS. 1812. lli3

ouse

IN THE HOUSE OF, REPRESENTATIVES, ofReprasen

Wednesday, 11th November, 1812.

tatives.

Whereas, by,an act passed the 12th day of December, 1809, entitled An act to com- (No. 55.}
pile and, arrange the laws and resolutions of this state, passed since the political year
1800, a compilation of the laws and resolutions, in pursuance of said act, was delivered
to. his excellency the Governor, on the 3d. day of January, one thousand eight hundred
and eleven, and by him approved on the 25th February, in -the same year : And whereas,
by a contract entered into between his excellency the Governor, and Adams and Duyc-
kinck, printers, of Augusta, the said compilation was to have been printed and deliver-
ed at the executive department, on or before the first day of March, one thousand eight
hundred and twelve, which time was extended, by the last legislature, to the first of June
in the same year ; and the said Adams and Duyckinck failing to comply with their said
contract ;

Resolved, That his excellency the Governor be requested, and he is hereby author-
ized, to put in suit the bond of the said Adams and Duyckinck, unless they shall print
and deliver the said compilation at the executive department, on or before the first day
*>f March next, to be distributed with the laws and journals of this present legislature.
•Approved, 1st December. &'

IN THE HOUSE OF REPRESENTATIVES.. *• !

■ Saturday, 21st November, 1812,

Resolved, That if any of the electors chosen by this General Assembly, to vote for (No. 56.;
President and Vice-President of the United States, shall fail to attend in the town of
Milledgeville by the hour of twelve o'clock in the day of the first Wednesday of De-
cember next, then the appointment of such elector or electors, so failing to attend, shall

. ...
be considered as vacated, and the General Assembly will forthwith proceed to fill such.

vacancies. ««#

Approved, 2d December.

IN THE HOUSE OF REPRESENTATIVES,

Monday, 30th November, 1812. . f

The committee on finance, to whom was referred so much of his excellency's commu- (No. 57.)
nication as relates to the Planters' Bank of the State of Georgia, beg leave to Report,
That they have had the same under their consideration, and are of opinion, that it will

r c

lli4 RESOLUTIONS. 1812.

In the House be conducive to the interest of this state to subscribe for the number of shares reserved
of Represen- t . . .'

^atives. in said bank ; therefore recommend the following resolution :

Resolved, That his excellency the Governor be-, arid he is hereby authorized to sub-
scribe, for and in the name of the state of Georgia, for the whole number of share?
reserved for said state, in the Planters' Bank of the state of Georgia.

Approved, 5th December, W**&mmmmm mH

IN THE HOUSE OF REPRESENTATIVES,-***

Monday,, 30th November, 1812. -. ^

(No. 58.) The committee on finance beg leave to make a further Report, That they have had hiL-
excellency the Governor's communication, relative to sundry audited certificates pre-
sented by Jesse Bryan for renewal, and which certificates appi^; to ^e forged, recom-
mend the following resolution :

.Resolved, That his excellency the Governor be requested to detain in the executive
office the said forged certificates, to be used by him as evidence, in case it should be
thought proper to institute a prosecution against the said Biyan, or anv other person.

* . i t ' ■ '

On that part of the Governor's communication which relates to the penitentiary, the\

have taken the same under consideration, and, notwithstanding the many necessj
expenditures incumbent on the state, they are of opinion that the work has progressed,
to a 'degree that would not justify a suspension of the progress of the same ; they there-
fore recommend the following resolution :

Resolved, That the further sum of five thousand dollars be appropriated and applied,
under the direction of the Governor and commissioners of the penitentiarv, toward the
rearing of the said building. !

Approved, 5th December.

, 0
fc* IN THE H#USE OF* REPRESENTATIVES,

^^„ *Monday, 30th November, 1812.

(No. 59.) The committee on finance, to whom was referred document JNTo. /. relative to Andrew
Ellicott, esquire's account for ascertaining the 35th degree of north latitude, Report,
That they have examined said document, and have collected every information in regard
to it ; that Andrew Ellicott, esquire, has received full and am'ple compensation for his

ill " iilii^flilfcl i

RESOLUTIONS. 18*2. x 1 1 5

services in ascertaining the said 35th degree of north latitude ; but from the long and ln the House

ofRepresen-
arduous labours of James Rousseau and William Mitchell, two persons who attended tatives.

Mr. Ellicott, and performed a great part of the most arduous labours incident to that
service, have not received any compensation for their services ; we therefore recom-
mend the following resolution :

Resolved, That the sum of fifty-four dollars be paid to James Rousseau, and the
sum of one hundred and ninety-four dollars be paid to William Mitchell, in full, for
their services in attending on and assisting Mr. Ellicott, in ascertaining the 35tn degree
of north latitude, and that the same be inserted in the appropriation law of this year
• -Approved, 5th December.

IN THE HOUSE OF REPRESENTATIVES, .

Monday, 30tli November, 1812,

The committee on finance beg leave to Report, on the communication of his excel- (No. 60.;

" . »' «** *

lency the Governor, relative to the Yazoo deposit :

% mJ» ft"'

i'-

That they have taken the same into consideration, and find, upon due inquiry and
investigation," that there is in the treasury of this state the sum of 184,716 dollars* 472
cents, the balance of 500,000 dollars, the sum originally deposited by the Yazoo specu-
lators, for the purchase of the western territory of this state, ceded to the United States,
as expressed in said communication. This diminution of the original deposit has been
too clearly and satisfactorily accounted for and explained in the communication of his
excellency, to require any elucidation from your committee. It only remains for-them
to ascertain whether it is in the power of the General Assembly to make any applica-
tion of the stock purchased by General Mathews, then governor of this state.*

The sum invested in the purchase of this stock amounted to 49,445 dollars 50 cents,
and was taken from the Yazoo deposit, and considered as a representative of the money
with which it had been bought. The purchase was' made in the name of the state, and
is therefore at the disposal of the state, if she thought proper to exercise control over
it. But as a representative of so much of the original deposit, it partakes of its cha-
racter, and must be identified with it. The constitutional principle, however, which
inhibits the application or appropriation of the Yazoo deposit, as a part of the funds of
this state, cannot interfere with the application of the interest which hath accrued upon
the said stock, the whole of which, or nearly the whole, as his excellency has repre-
sented, is still due. If there Is any difference between the sum directed to be invested
in the purchase of six per cent. 'Stock, and that really so invested, which would now

7 C 2

lin Mi lii ittfrfrni^^i i i I.

1116 RESOLUTIONS. 1812.

In the House produce the diminution of capital, it has arisen, as your committee presume, from the
©f Represen-
tatives, expenses and commissions incidental to said investment. Be this, however, as it may,

the' proprietors of the Yazoo deposit can have no possible claim upon the interest of

this stock, and for this obvious and cogent reason, because, neither constitutionally or

legally can they demand more than the amount they have deposited. Your committee

are therefore of the opinion, that the said interest may be considered as a part of the

funds of this -state. Your committee recommend, that the amount of stock be drawn in

money from the treasury of the United States, and deposited as'a part of the'balance of

said Yazoo fund.

Your committee are also of the opinion, that the bills of the late Bankof^the United
States, and all other bills composing a part of the balance of the Yazoo deposit, be
converted into gold and silver. Your committee, therefore, beg leave to report the fol-
lowing resolution :

Resolved^ That his excellency the Governor be, and he is hereby authorized to con-
It
vert into money the United States' stock, which was purchased in the name of the state

' v *" ,r ■ $• **, •

of Georgia ; as also, the bills of the United States Bank, as well as bills of any other

bank, now among the Yazoo deposit.

And be it further resolved, That his excellency the Governor be, and he is hereby

authorized and directed to apply for, receive, and deposit in the treasury, the amount
of interest which hath accrued upon the purchase in the name of this state, of forty-nine
thousand four hundred and forty-five dollars and fifty cents, six per cent, stock of the

United States.

Approved, 5th December

IN THE HOUSE OF REPRESENTATIVES,
Friday, 4th December, 1812.

The joint committee on finance beg leave further to report, on the account of the state
commissioners of Milledgeville, the following resolution :

No. 61.) Resolved, That the sum of seventy-five dollars be appropriated t.o the state com-
missioners of the town of Milledgeville, in full for services rendered by them, since the
20th day of November, one thousand eight hundred and eleven, to the first day of De
Member, one thousand eight hundred and twelve.
Approved, 8th December.

RESOLUTIONS. 1812.

1117

In the House
IN THE HOUSE OF REPRESENTATIVES, ofKepresen

Wednesday, 2d December, 1812.

tatives.

Resolved, That his excellency the Governor be requested, and he is hereby author- (No. 62.)
ized to direct the solicitor general of the eastern district to investigate the claim of the
state to certain confiscated lands, purchased in the month of November, eighteen hun-
dred and ten, by the counties of Elbert, Jackson, Clark, Morgan, Putnam, Wilkinson,
Laurens, Montgomery, Bulloch, Randolph, Tatnall and Scriven ; Wilkinson and Tatnall
having, by their commissioners, withdrawn their interest in said purchase, and to eject
any person or persons residing thereon, and report to his excellency the Governor, his
actings and doings therein.

Approved, 8th December.

IN THE HOUSE OF REPRESENTATIVES,

Wednesday, 2d December, 1812.

The joint committee on the state of the Republic, to whom was referred the petition (No. 63.)
of John McQueen, esquire, Report :

•>-, ■* . •' . •

Whereas, the late Basil Cowper, deceased, was named and included in the act of
confiscation of this state, passed the first of March, 1778, and had a very large real
estate confiscated and sold for the benefit of the state ; And whereas, there is, or may be,
part of that estate yet remaining unsold, or otherwise undisposed of by the state, for
which a petition hath been presented by John McQu*een, for the widow and children of
said Basil Cowper, to have the remnant of his said property restored :

Be it therefore resolved, That all the lands of Basil Cowper, deceased, heretofore con-
fiscated to the use of the state, and yet remaining unsold, or otherwise disposed of by
the state, except Carr's island in the Altamaha river, about to b*e disposed of by the
state, be, and the same is hereby vested in John McQueen, of the county of Chatham,
and his heirs and assigns, for ever, to and for the use and in trust for the heirs of the
said Basil Cowper, deceased, share and share alike.

Be it further resolved, That all the right, title, interest and claim of this state to the
unsold and undisposed lands of Basil Cowper, a person named in the bill of confiscation,
passed on the day and year aforesaid, be, and the same is hereby relinquished on the
part of said state, and fully and completely vested in, and transferred to John MeQueen,
of the county of Chatham, his heirs and assigns, for ever, in trust, for the purpose above
mentioned ; Provided, that the said John McQueen shall pay all per cent, and expenses

1118

RESOLUTIONS. 1812.

In the House which may have accrued or arisen by reason of any information which may have here-
of T'cprcscn-

ta'dves, tofore been given to the commissioners of confiscated property, to be sold in terms' of

the several laws regulating the sale of confiscated property-
Approved, 8th December.

IN THE HOUSE OF REPRESENTATIVES,

, f Thursday, 10th December, 1812.

(No. 64.) Resolved by the Senate and House of Representatives, That his excellency the Governor
be, and he is hereby requested to cause the public arms now deposited in the arsenal at
Louisville, to be removed to Milledgeville.
Approved, 10th December.

IN THE IIQUSE OF REPRESENTATIVES,

Monday, 7th December, 1812.

''No. 65.^ Resolvetd, That his excellency the Governor be, and he is hereby authorized and

required, if he shall deem it necessary, to employ some attorney to assist the solicitor

* . . .

general of the Ocmulgee district, in the case of the State vs. Scott and Thomas, for the

overplus paid them for building the state-house.

Approved, 10th December.

IN THE HOUSE OF REPRESENTATIVES,
Friday, 4th December, 1812.

(No. 66/) "^ne Jomt committee on finance, to whom was referred the Governor's communication
relative to the compensation of the brigade inspector of cavalry, beg leave to report the
following resolution, to wit :

Resolved, That the brigade inspector of cavalry be allowed the sum of one hundred
'and fifty dollars, in full compensation for past services heretofore rendered, and that in
future he shall be allowed the sum of three dollars per day while in the service of this
state ; Provided nevertheless, that he shall not be allowed to receive pay for more than
eighty days in each year, which service shall be certified by the brigadier general of
cavalry.

Approved, 10th December.

^.**

RESOLUTIONS. 18 la.

ii 19

IN THE HOUSE OF REPRESENTATIVES,
Monday, 7th December, 1812.

In the House

of Represent

tatives.

Resolved, That it is the opinion of this legislature, that the members of the next (No. 67.)
legislature respectively, ought to appear in a full suit of homespun, of the manufacture

of this state. u'lmu"-' mv ~i m^- ':m JHfrli

Approved, 10th December,

IN THE HOUSE OF REPRESENTATIVES,

Friday, 4th December, 1812.

Whereas, by the law passed the last session of the legislature, John Proctor, Robert (No. 68.)
Barnett, John Speight, John Ball and Daniel Hicks were appointed commissioners, vest-
ing them with the power of laying out and selling certain town lots, for the special pur-
pose of erecting the public buildings in the county of Wilkinson :

Therefore be it resolved, That William Wicker, William Lord, John Smith and Charles
Culpepper be, and they are hereby appointed, in addition to those already appointed, as
commissioners aforesaid ; and they are hereby vested with the same powers which the
commissioners are invested with by an act, entitled An act to make permanent the site
of the public buildings in the county of Wilkinson.
Approved, JOth December.

IN THE HOUSE OF REPRESENTATIVES,

Friday, 4th December, 1812.

.The committee on finance, to whom was referred the report of the state commission- (No. 69.)
ers of the town of Milledgeville, Report, that they have taken the same under consi-
deration, and beg leave to submit the following resolution :

Resolved. That the state commissioners of the town of Milledgeville be, and they
i
are hereby required to deliver to the treasurer of this state, all notes and bonds taken

by them for leases or rents of the town commons, which now remain in their hands,

together with all sums of money collected by them for rent, which has accrued to the

state under and by virtue of the aforesaid leases ; that his excellency the governor be

required to secure the collection and payment of all. sums of money due for rent or

leases as aforesaid, that- the same may be deposited, when collected, in the treasun/

office of this state, and become a part of the funds thereof,

Approved, 10th December,

1120

RESOLUTIONS. 1812.

In the House
of Represen-
tatives.

I :

IN THE HOUSE OF REPRESENTATIVES,

Wednesday, 9th December, 1812.

— «#•

(No. 70.) Whereas, there are now in the treasury office, as appears by the treasurer's abstract
submitted to this legislature, a number, of the evidences of the debts due by this state,
which have been presented at the treasury and paid off, to wit : Governor's, President's
and Speaker's warrants, paper medium, state troop bounty warrants, audited certificates
and funded certificates ; And -whereas, the aforesaid papers are of no use to the state.

but an incumbrance to the treasury department :

'••■■'

Resolved, That the treasurer do cause three fair and accurate lists of said papers to
be made out ; one to be deposited in the executive, one in the comptroller general's, and
one in the treasury offices ; and so soon as the said lists shall be completed, that his ex-
cellency the Governor, with the comptroller general and treasurer, shall, after carefully
examining the same with the aforementioned papers, cause said papers to be burnt, and
that his excellency the Governor cause the expense of making out the aforesaid lists to-
be paid for out of the contingent fund. pw 'flir 'jVtf'l^'^rtB
Approved, 10th December.

•

RESOLUTIONS. 1813. 1121

RESOLUTIONS,

WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES IN 18 IS.

IN THE HOUSE OF REPRESENTATIVES,

November 5th, 1813.

Resolved, That his excellency the Governor be requested to lay before this house, in the House
information of the proceedings that have been had on the bond of Adams and Duyc- tatives.
kinck, who contracted to print the laws and resolutions of this state, since the political ~7ZZ ZT~^
year eighteen hundred, in pursuance of a resolution of this house at the last session.
Approved, 13th November.

IN THE HOUSE OF REPRESENTATIVES,

November 6th, 1813.

Resolved, That his excellency the Governor be, and he is hereby authorized and (No. 72.}
required to have the constitution of the state of Georgia, with the several amendments
thereunto, printed and annexed to the laws that may be passed at the present session.
Approved, 13th November.

IN THE HOUSE OF REPRESENTATIVES,

Friday, 3d December, 1813.

The committee on finance, to whom was referred the comptroller general's report (No. 73.)
relative to the digest of taxable property and tax collectors in default,

Report, That they have had the same under consideration, and are of opinion, that
the law passed at the last session of the legislature, so far as respects the receivers of
returns of taxable property (if continued,) will remedy, as far as possible, the evil com-

H22 RESOLUTIONS. 18 13.

i j !

In the House plained of; your committee therefore beg leave to recommend the following resolu-
of Represen-
tatives, tion :

* •

Resolved, That it is the opinion of this legislature, that the justices of the Inferior
Courts for the several counties within this state, to whom is confided the most impor-
tant part of revenue, ought in future to be cautious in the taking of bonds of the several
tax collectors within this state, that good and sufficient security be given, whereby the
state shall not sustain loss ; and your committee beg leave further to recommend the
following resolution :

Resolved, That his excellency the Governor be, and he is hereby requested, without
delay, to put in suit all the bonds in his department against all defaulting receivers of
returns and their securities, who have failed in forwarding the digest to the comptrol-
ler's office ; and the treasurer is hereby directed to issue executions against tax collec-
tors and their securities, who now may be in default, and who may hereafter be in de-
fault of their taxes when they become due, and to direct each solicitor general to move
for a rule against the late sheriffs of this state who have collected monies of collectors,
and withhold the same from the treasury office of this state.
Approved, 6th December.

IN THE HOUSE OF REPRESENTATIVES,

Friday, 3d December, 1813. 'fa

No. 74.) The committee on finance, to whom was referred the petition of Frederick S. Fell.
praying compensation for printing sundry documents for the foreclosure of mortgages
on certain property in the county of Wayne, for the benefit of this state,

Report, That they have taken the same under consideration, and are of opinion, that
the petitioner is justly entitled to the amount stated in his account ; therefore beg leave
to recommend the following resolution :

Resolved, That his excellency the Governor be requested to pay to Frederick S. Fell,
two hundred and twenty-six dollars and sixty-six cents out of the contingent fund, in
full compensation for printing and publishing twenty-four rules nisi for the foreclosure
of mortgages in the county of Wayne, for the benefit of the state ; and also pay to
Messrs. Grantlands and other printers, the several sums due them for similar services,
upon their producing satisfactory vouchers to his excellency the Governor.
Approved, 6th December.

♦

RESOLUTIONS. 1813. 1123

In the House
IN THE HOUSE OF REPRESENTATIVES, °f ^Fyes?""

Tuesday, 23d November, 1813.

Resolved, That the present commissioners of the Jackson county Academy, or any (No. 75.)
three of them be, and they are hereby authorized and empowered to call on all or any
of the former commissioners of said academy, or any one or more of them, who may
have, or may.be supposed to have any of the funds, monies or credits of said academy,
or the joint academies of Jackson and Clark counties, in their hands for settlement;
and on failure to settle and pay over any money which by them appears to be due said
institution, to institute, in the name of said board of commissioners, a suit or suits for,
and recover in their corporate capacity, any sum or sums of money as may be due by
said former commissioners, in any court of law or equity in this state having competent
jurisdiction thereof.

Approved, 30th November.

IN THE HOUSE OF REPRESENTATIVES,
Wednesday, 17th November, 1813.

Whereas, the lives and the property of the citizens of the southern and western (No. 76.)
frontier of this state are imminently exposed, and their condition peculiarly calamitous
from their local situation, and the hazards and privations they have to encounter in
consequence of being exposed to the inroads of a savage and inveterate foe ; that our
eastern frontier is also exposed to the predatory incursions of a foe of equal malignance,
and more refined barbarity ;

Therefore be it resolved, as the sense of this legislature, that it would be inequitable
and imprudent to coerce into public service, any of the citizens inhabiting the frontier
military districts of this state ; and that his excellency the Governor be authorized and
requested to issue an order dispensing with the services in the field from their own
frontier districts, the citizens aforesaid, during the continuance of the present alarm,
except in cases of actual invasion, or where a voluntary tender of services may be
made.

Approved, 20th November.

7 D

1124

RESOLUTIONS. 181$.

In the House
of Represen-
tatives.

IN THE HOUSE OF REPRESENTATIVES,

Tuesday, 23d November, 1813.

(No. 77.) Resolved, That the attorney general and the solicitors general for the eastern and
western districts, be required to report to the Governor a statement of the situation of
suits commenced, and judgments obtained, in their several districts, on the bonds given
for the purchase of reverted confiscated property, and also of the situation of the mort-
gages given to secure the payment of said bonds, and that his excellency the Governor
do cause such statements to be laid before the legislature, at the next annual session,
and that he do also cause the above mentioned officers to be notified of the requisitions
of this resolution.

Approved, 2d December.

IN THE HOUSE OF REPRESENTATIVES,

Thursday, 18th November, 1813.

(No. 78.) The committee on finance, to whom was referred the treasurer's abstract, have exa-
mined so much of said abstract as relates to the bounty warrants, issued in the names
of Jere and Jeremiah Russel, together with the subject matter of John Ragan's bond,
and beg leave to Report, that they have had the same under consideration, and are of
opinion that the certificates or bounty warrants were correctly issued ; therefore re-
commend the following resolution :

Resolved, That the said bounty warrants, together with the certificate of James Me-
riwether, comptroller general, and the bond of John Ragan, be filed in the treasurer's
office.

Approved, 30th November.

IN THE HOUSE OF REPRESENTATIVES,

Wednesday, 24th November, 1813.

No. 79.) The committee appointed to inquire into the facts relative to a violation of the non-
importation or non-intercourse laws of the United States, and a fraud practised on the
revenue of the said United States by Archibald M. Devereux. and other persons, and
the conduct of the honourable William Stevens, judge of the District Court of the Georgia
district, and Abraham Bessent, collector of the port of St. Mary's, being implicated by
the documents submitted to your committee, they deem it a duty they owe to the good
people of the state of Georgia, as well as from a sacred regard to individual character, to
recommend the following resolution : ■

RESOLUTIONS. 1313. 1125

Resolved. That the documents upon this subject be transmitted by his excellency In the House

". . ... ofRepresen-

the Governor, to the representatives of this state in the Congress of the United States, tatives.

that a full and fair investigation of the conduct of the persons implicated may be had

before the proper tribunal.

Approved, 6th December.

IN THE HOUSE OF REPRESENTATIVES,

Friday, 12th November, 1813.

The committee on the state of the Republic, to whom was referred so much of the (No. 80.)
Governor's communication as relates to the defence of the sea-coast, beg leave to

Report, That they have had under consideration that important subject, and whilst
it appears to them that additional protection is necessary to that exposed section of the
country, they are happy to add, that they conceive there are ample means at the disposal
of this legislature to afford protection to that portion of the good people of this state
who have been thus exposed to the incursions of the enemy.

They therefore recommend, that seven hundred stand of arms, which they are inform-
ed by the communication of the late Governor are at Point Petre, and were intended to
have been distributed in the different counties bordering on the sea-board, be immedi-
ately distributed in the brigade commanded by brigadier general John Floyd, and be at the
disposal of the respective colonels in that brigade, in the following manner, that is to
say: Col. Scott's regiment, two hundred ; to Col. Johnson's regiment, one hundred and
fifty ; to Col. Harden's regiment, one hundred and fifty ; and to Col. Pray's regiment,
also, two hundred ; and that his -excellency the Governor be requested to furnish, in ad-
dition, five hundred stand of arms, if in his power so to do, to be distributed among
the different regiments aforesaid, in equal proportions ; and also, that his excellency be
requested to furnish for the use of said brigade, sixteen hundred pounds of powder,
and six thousand four hundred pounds of lead, ball or buck shot, to be deposited in
equal portions at the town of Jefferson in Camden county, and the city of Savannah,
and subject to the distribution and disbursement of the colonels of the respective regi-
ments in equal proportions, whose duty it shall be to guard against all improper wastes
or abuse of said munitions of war, and shall stand bound at all times to return said
munitions of war (which may not be expended) when required so to do by the proper
authority.

Your committee further recommend, that his excellency the Governor be authorized
and required to order two full companies of the militia to repair without delay to the

il2(5 RESOLUTIONS. 1813.

In the House sea„board, one of which to be stationed in the following counties, viz : Bryan, Liberty,
ofRepresen- ' # ° ' J I Jy

tatives. and McIntosh, the other to be stationed in the counties of Glynn and Camden, at such
place or places in each county as shall be determined upon by the lieutenant colonels
commanding within the aforesaid counties, which companies shall remain in service for
six month's, subject to be relieved at the discretion of his excellency the Governor, after
they shall have served the term of two months : and if, after the expiration of six months,
the situation of that part of the country should still, in the opinion of the executive, require
the like protection, his excellency is authorized and required to order two other compa-
nies to supply the places of those whose term of service will have then expired, to be con-
tinued in service for the like term of six months, subject to be relieved at the discretion
of his excellency the Governor, after they shall have served the term of two months.
And we further recommend, that his excellency the Governor be requested to make ap-
plication to the general government, and request that provision be made for support
of the militia employed in the service contemplated by this resolution ; and that, in the
mean time, his excellency be required to take the necessary steps for supplying them.
Approved, 20th November.

IN THE HOUSE OF REPRESENTATIVES,

Wednesday, 2d December, 1813.

(No. 81.) Whereas, a resolution which lately passed both branches of this legislature, and as-
sented to by the Governor, authorizes an expedition against the hostile Indians, under
the command of lieutenant colonel David Adams, and therein limits the time to be em-
ployed on said expedition to thirty days :

And -whereas, It is extremely probable that the time. specified in the aforesaid resolu-
tion may be insufficient for the performance of any service to the country, and the ob-
ject of said resolution be defeated : for remedy whereof^

Resolved, That his excellency the Governor be, and he is hereby authorized to extend
the time for the performance of the aforesaid expedition, so far as in his opinion may be
necessary to answer its object; Provided, that he shall not exceed the space of sixty
days ; And provided, the corps shall agree to the extension of their time of service.
Approved, 6th December.

RESOLUTIONS. 1813. il27

In the House
IN THE HOUSE OF REPRESENTATIVES, of Represen-

Saturday, 27th November, 1813,

tatives.

Resolved, That his excellency the Governor be, and he is hereby requested to cause (No. 82/
the commissioners of the Penitentiary to make a report with respect thereto ; particu-
larly as regards the monies received and expended by them, the state of forwardness of
the building, and the condition of the materials purchased for its erection,
Approved, 2d December,

j^-28 RESOLUTIONS. 1813.

RESOLUTIONS,

WHICH ORIGINATED IN SENATE IN 181:

IN SENATE, 2d November, 1813.

In Senate. Resolved, That in the opinion of this legislature, the services of the adjutant general

TNo 83 ^ °f ^is state are necessarily required with the troops from this state, which are now in
the service of the United States, during their expedition against the. hostile Indians.

»
Resolved also, That the adjutant general be, and he is hereby authorized to appoint an
assistant to do the duties of his office in the state during his absence from the state;
Provided, the adjutant general shall pay the said assistant for his services out of his
salary already provided for him by law.

And resolved also, That his excellency the Governor be, and he is hereby requested,
to direct the adjutant general to repair without delay to the army now under the com-
mand of brigadier general John Floyd.
Approved, 6th November.

IN SENATE, November 9th, 1813.

(No. 84.) Whereas, the murders that have been committed in Morgan county have instruct-
ed us in the species of warfare that the Indians intend against us, namely, a predatory
war upon our frontier throughout its whole extent, to meet which effectually, while our
troops are carrying on offensive ^operations in the heart .of the Indian tribes, it will be
necessary to establish a line of posts on the frontier, or in advance, as the executive may
think expedient to order. \

Be it therefore resolved, That his excellency the Governor cause to be built block-
houses, united by stockading, at such points on the frontier of this state, or in advance,
as he may deem advisable for the security and protection of the frontier inhabitants,
and that he c^use to be stationed at each fort or garrison, such number of militia as he
may, from time to time, deem necessary, and that he be requested to apply to the govern-

■

RESOLUTIONS. 1813. U29

ment of the United States for subsistence for the men called out under his authority, In Senate.
and in the mean time, that he do cause the necessary rations to be furnished.
Approved, 12th November.

IN SENATE, November 12th, 1813.

Whereas, it has been represented, by a communication from his excellency the Go- (No. 85.)
vernor, that the want of necessary supplies has considerably retarded the progress of
our army, destined to act against the Creek Nation of Indians, and there being reason
to believe that there are not funds sufficient at the disposal of the- proper officer for the
procurement of those supplies, without which the contemplated expedition must fail :
And whereas, the public interest is essentially involved in the success of our army in
that quarter : •

Be it therefore resolved, That his excellency the Governor be, and he is hereby au-
thorized and requested to advance, on account of the- United States, for the purpose of
procuring supplies for the said army, a sum of money not exceeding twenty thousand
dollars, out of any funds which may be in the treasury of this state ; and should any
difficulty arise from the want of money in the treasury, his excellency is hereby autho-
rized and required to negotiate a loan with the bank of Augusta or Planters' Bank for
the sum aforesaid, for a term not exceeding one hundred and twenty days, and for the
repayment of which to the said bank, the faith of the state is hereby pledged.
Approved, 12th November,

IN SENATE, 4th November, 1813.

Whereas, the legislatures of several states, immediately after the glorious capture of (No. 86.)
the Guerrier, the Macedonian and the Java, returned their thanks to captain Hull, to
commodore Decatur, and to commodore Bainbridge, for these results memorable in our
history :

And xvhereas, the time of our meeting affords us an opportunity of rendering the first.
legislative tribute to captain Perry, for his most glorious victory on Lake Erie, over a
superior British force — a victory wS most important, and the consequences of which
will be more momentous to the United States than any victory which has blessed our
arms since the surrender of Cornwallis ,at Yorktown — a victory bv which we have ac~

7 E

1130 RESOLUTIONS. 1813.

in Senate, quired the undisputed command of the waters of the west, from Lake Erie. to the Lake
of the Woods, and which has shed a blaze of light around our national flag, which no
time and no circumstance can extinguish, for neither individual subterfuge nor national
vanity can subtract aught from this victory; and even England, that has felt in every
contest, must acknowledge in this, our superiority :

Be it therefore resolved by the Senate and House of Representatives, in General Asserft-
bly met, on behalf of the people of Georgia, that the thanks of this legislature, and the
thanks of this people are due to captain Perry, for his indefatigable exertion in equip-
ping the American fleet on Lake .Erie, for his prompt and ready pursuit of the enemy,
and for the masterly manner in which he engaged, and the unexampled intrepidity which
he displayed in bearing his flag from a ruined and overwhelmed ship, to be triumphantly
displayed upon another.

And be it further resolved, That the thanks of this legislature and of this people, are
due to the officers and seamen on board the American fleet, *for the able support of cap-
tain Perry by each and every of his officers, and for the cool intrepidity displayed by
our gallant seamen, which will consecrate, if any thing were* necessary to consecrate the
indelible affection which is borne to them by their fellow citizens.

And be further resolved, That his excellency the Governor be requested to transmit
these resolutions to captain Perry.

Approved, 12th November.

IN SENATE, 10th November, 1813.

'No. 87.) The committee on the state of the Republic, to whom was referred the. governor's
communication relative to the late depredations committed, by the hostile Indians on
the frontier of Morgan county, beg leave to

Report, That they have examined said communication, and are gratified in say-
ing, they highly approve of the vigilance evinced by his excellency the Governor, in
adopting speedy measures for the protection and security of that part of the frontier
invaded.

They also approve of the distribution of the public arms, and the provision making
for the furnishing of the frontier in general with ammunition.

RESOLUTIONS. 1813 . X131

But experience has taught us, that the most effectual means of defending our frontier in .Senate,
against the incursions of our present insidious and artful foes is, by carrying slaughter
and devastation into their own country : And whereas, the want of provision and means
of transportation, will tend very much to retard the progress of the army from Georgia,
at present in the field, and almost inevitably prevent either them or the army from Ten-
nessee from attacking and destroying the Oakfuskee or upper warring Creek towns :

Resolved, That it is the opinion of your committee, that some active, vigilant officer,
who may be acquainted with the Indian mode of warfare, may be tolerated and autho-
rized by his excellency the Governor, to raise by voluntary enrolments or tender of ser-
vice, a number of mounted rifle or musket men, not less than five hundred, nor more
than one thousand, each furnishing their own arms and provisions, if convenient, if not,
by the public, for a term not less than fifteen, or more than thirty days after they shall
arrive at the place of rendezvous, for the purpose of destroying the upper and most
adjacent warring Creek towns, and that the expense of the expedition be paid out of
the treasury of this state,* which may be set apart for military disbursements.
Approved, 16th November,

IN SENATE, 11th November, 1813.

The joint committee appointed to receive proposals and report on the subject of (No. 88.)
printing the laws, the journals, and concurred resolutions of the present session,

Report, That they have received proposals from Nicholas Childers and Seaton and
Fleming Grantland, and having duly considered said proposals, are of opinion, that the
terms proposed by said Seaton and Fleming Grantland, under all the circumstances,
would be the most advantageous to the state. The committee do therefore recommend
the following resolution :

Resolved, That Messrs. Seaton and Fleming Grantland have the printing the laws,
journals«and concurred resolutions of the present session of the legislature ; -that is to
say, fifteen hundred copies of the laws and resolutions, and fifteen hundred copies of
the journals of each branch of the General Assembly, at the same price, and under the
same regulations and restrictions as those of the last session of the legislature,
Approved, 18th November.

7 E 2

RESOLUTIONS. 1813.

In Senate.
-IN SENATE, November 8th, 1813.

(No. 89.) Resolved, That his excellency the Governor be authorized and requested to send
on to the major commandant of the county of Tatnall, for the use of his battalion, forty
stand of arms from the public arsenal at this place, and the major commandant shall be
authorized to contract with some proper person to make the necessary repairs to the
said arms, at the expense of the state, taking his receipt for the same.
Approved, 20th November.

IN SENATE, 17th November, 1813.

(No. 90,) Resolved, That our senators and representatives in the Congress of the United
States be, and they are hereby particularly requested to use their influence to have the
law of Georgia of eighteen hundred and four, regulating fees of the health officers and
harbour masters for the ports of Savannah and St. Mary's, sanctioned for two years
from the end of next session of Congress, that being the expiration of the time pre-
scribed by a previous sanction..

Approved, 20th November.

• IN SENATE, 22d November, 1813.

No. 91.) Whereas, a resolution passed last session of the General Assembly, requesting and
authorizing his excellency the Governor to put in suit the bond of Adams and Duyc-
kinck, printers, who had contracted for the printing of a compilation of the laws and
resolutions of this state, passed since the political year 1800*;. and in pursuance thereof,
suit having been commenced, and which is now pending in the county of Richmond,
against the said Adams and Duyckinck, and the securities, upon the bond given for the
performance of said contract :

Be it therefore resolved, That his excellency* the Governor be authorized and required
to receive froni the said Adams and Duyckinck, or their securities, or any one of them,
two thousand printed and bound copies of a compilation of the Laws of Georgia, made
by A. S. Clayton, esquire, from 1800 to 1810, s*b that they be executed in terms of the
contract ; and upon the receipt thereof the contract shall be considered as complied with
and performed : Provided, the said books be delivered at the state-house in Milledge-
ville, on or before the first day of October next ; and upon compliance with this reso-
lution, his excellency the Governor shall authorize and require the attorney general fe
dismiss the suit so commenced, at the costs- of the defendants.
Approved, 30th November.

RESOLUTIONS. 1813. 1133

In Senate.
IN SENATE, 13th November, 1813.

Resolved, That his excellency the Governor.be, and he is hereby authorized and (No. 92.)
required to contract with some fit and proper person to make the necessary repair on
the arms now in the public arsenal of this state.
Approved, 3d December.

IN SENATE, 26th November, 1813.

Whereas, it is the opinion of all men well informed upon the subject, and with whom (No. 93.)
experience has combined with local information, to enable them to judge justly, that a
naval force affords the best protection for the defence of the sea-coast :

Be it therefore resohed by the' Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That our senators
are required, and our representatives requested, to use their efforts with the President
of the United States, and with the secretary of the navy, to enlarge that description of
force, between the ports of Savannah and St. Mary's, more particularly necessary since
the calamitous hurricane which has occurred in this quarter.

And be it further resolved, That his excellency the Governor be requested to transmit
this resolution to our senators and representatives in Congress.
• Approved, 3d December.

J 134 RESOLUTIONS. 1814.

RESOLUTIONS.

WHICH ORIGINATED IN SENATE IN 1814.

IN SENATE, 21st October, 1814.
In Senate. Resolved, That the commissioners of the Penitentiary edifice be, and they are here-

(No. 94. } ky directed to lay before this General Assembly a statement of the receipts and expen-
ditures, up to the present period, together with a statement of the progress of the said
edifice.

Approved, 31st October, 1814.

IN SENATE, 21st October, 1814.

(No. 95.) Whereas, this state, as well as several of her sister states, having,«during the present
war, taken the earliest opportunity to enrol among the records of fame the illustrious
deeds of their gallant naval commanders, and of their officers and seamen ; and have,
in a highly honourable manner, through their legislative councils, presented their thanks
to captain Hull, commodore- Decatur, commodore Bainbridge, and to captain Perry :
and this state, in a particular manner, has tendered their thanks to captain Pe*rry, for his
glorious victory over a superior British force on Lake Erie:

And whereas, since those memorable exploits have, been achieved, a series of deeds
equally splendid have been performed by others of our gallant heroes, both by land and
by sea ; and whereas, it is both fit and proper that the names and exploits of our gallant
sons be recorded and transmitted to a grateful posterity, in order that future generations
may emulate their exalted virtues and fame, — the only reward a noble mind can ask, for
his exertions in the defence of his country's rights and honour :

•

Be it therefore unanimously resolved by the Senate and House of Representatives, in
General Assembly met, on behalf of the people of Georgia, That the thanks of the citizens
and of the legislature of this state, are due to captairrWarrington, and to his officers and
seamen, for their valour and skill in capturing the Epervier : to captain Porter, and to
his officers and seamen, for their unparalleled perseverance in defence of their country's*

It,

RESOLUTIONS. 1814. 1135

rights, and for their noble conflict in defence of their ship, under every disadvantage, In Senate.
against a greatly superior force : to commodore Macdonough, and to the officers and
seamen on board the several vessels under his command, for the capture and destruction
of a superior British naval force on Lake Champlain : to captain Blakely, of the United
States' sloop Wasp, and through him to the officers and seamen, for their gallantry and
gO(jd conduct in capturing the British sloop of war Reindeer.

And whereas, the armies of our country have latterly been equally successful and
splendid in tHeir victories :

Be it further unanimously resolved, That the thanks of the citizens and of the legisla-
ture of this state are due to that galaxy of heroes, general Brown, general Scott, general
Gaines, and general Macomb, for their brilliant victories to the north j to the intrepid
general Jackson, to the south-west ; and to commodore Barney, for his gallant conduct
at the battle of Bladensbiirgh ; to that gallant band of heroes, generals Porter, Ripley
and Miller, for the intrepidity and skill displayed by them in the splendid sortie from
Fort Erie on the enemy's batteries ; to the brave and intrepid major William Lawrence,
and through him to his officers and men, for their gallant and successful defence of Fort
Bowyer, attacked by a greatly superior force both by land and water ; to the young hero,
a native of Georgia, lieutenant colonel Appling, of the rifle corps, for his brilliant and
officer-like conduct at the siege of Plattsburgh, as well as for the gallantry displayed by
him, acting as major, at "Sandy creek, in capturing the whole of the enemy's force ; and
to brigadier general Floyd, adjutant general Daniel Newnan, and to the officer's and
men who so nobly distinguished themselves at the battles of Autossee and C^ulebee.
The zeal, patriotism and determined bravery manifested on those occasions, by the
officers and men from this state, establish a fair claim to military fame and reputation,
and justly merit the admiration and gratitude of a generous people.

Be it further resolved, That his excellency the Governor be requested to transmit
these resolutions to captain Warrington, captain Porter, commodore Macdonough, gene-
• ral Brown, general Scott, general Gaines, general Jackson, general Macomb and corn-
modore Barney : and to captain Blakely, generals Porter, Ripley and Miller, major
William Lawrence, lieutenant colonel* Appling, general Floyd, and adjutant general
Newnan.

Approved, 31st October,. 1814,

1136 RESOLUTIONS. 1814.

In Senate.
• IN SENATE, 22d October, 1814.

(No. 96.) Resolved, That the justices of the Inferior Courts of the counties of Columbia and
Warren be, and they are hereby authorized to pay, out of the county funds, unto Reu-
ben Y. Langston and Pierson Petit, each the sum of two dollars and seventy-five cents
for every mile that they necessarily run in running the dividing line between the afore-
said counties, agreeable to the certified plat and representation of said line now deposit-
ed with the clerk of the Inferior Court of Columbia county ; that Reuben Y. Langston
be paid by Columbia county, and Peirson Petit by Warren county ; which shall be in
full of the claims of the said Langston and Petit, for running and marking said line,
including the hire of chain-carriers, choppers, flag-staff men, and every other charge for
running said line.

Approved, 31st October, 1814.

IN SENATE, 22d October, 1814.

('No. 97.) While the legislature of Georgia view, with the liveliest sensations, the glorious
achievments of the American arms generally, they cannot but felicitate themselves par-
ticularly in the recollection of the heroic exploits of the brave and gallant lieutenant
colonel Daniel Appling, whom the state is proud to acknowledge her native son ; and,
as a tribute of applause from the state which gave him birth, a tribute due to the lustre
of his jtctions, — #'

Be it*unanimously resolved* by the Senate and House of Representatives, in General As-
sembly met, That his excellency the Governor be, and he is hereby requested to have
purchased and presented to him an elegant sword, suitable for an officer of his grade*.
Approved, 31st October, 1814.

IN SENATE, 25th October, 1814.

(»No. 98.) The joint committee appointed to contract for. the printing of the laws, journals, and
other public documents, ordered by the present session of the legislature to be printed,
do recommend that the senate do adopt the following resolution, to wit :

Resolved, That Messrs. S. & F. Grantland have the public printing of this state at the
same price, and upon the same terms, &c. &c. as for wfe preceding political year.
Approved, 31st October, 1814,

fcl

RESOLUTIONS. 1814.

113

In Senate.
IN SENATE, 27th October, 1814.

The committee to whom was referred the petitioir of Abraham Borland, having had (No. 99.)
the same under their consideration, and examined the accompanying documents, are of
opinion that the prayer of the petitioner is reasonable, and ought to be granted ; they
therefore recommend the following resolution :

Resolved, That full satisfaction be entered on the judgments obtained in the Superior
Court of Baldwin county against Abraham Borland, on the bonds given by him for
fractions numbers 23 and 24, in the fourth district of Wilkinson county ; and that a cre-
dit of one hundred and twenty-five dollars be entered on other judgments had in the
same court against the said Borland, for fractions purchased by him ; the said sum be-
ing the amount he expended in the prosecution of his suit against Lemuel Wiggins, for
fraction number 24 : Provided nevertheless, that the satisfaction and credit herein author-
ized shall not be entered, until the said Abraham Borland shall have relinquished to his
excellency the Governor, in behalf of this state, all the right, title or claim, which he
now has or ever had to the aforesaid fractional surveys of land, numbers 23 and 24, in
the- fourth district, Wilkinson county.

Approved, 18th November, 1814.

IN SENATE, 4tli November, 1814.

Resolved, That the commissioners of the town of Milledgeville be, and they are (No. 10(X}
hereby authorized to lease to Joseph B. Jones, for the term of ten years, ten acres of
land on the common of said town, including the buildings and cleared ground now oc-
cupied by him, for the establishment of a brewery.
Approved, 19th November, 1814.

IN SENATE, 9th November, 1814.

Resolved by the Seriate and House of Representatives of the state of Georgia, in General (No. 101.)
Assembly met, That our senators in Congress be instructed, and our representatives be
requested, to use their best endeavours to prevail upon Congress to propose to the seve-
ral states, for their adoption, an amendment to the constitution of the United States, to
reduce the term of service of the senators in Congress from six to four years.

Resolved, That his excellency the Governor be requested to transmit copies of the
foregoing resolution to the executives of the different states, wTith a request that they be

7 F

i jjjiftliilih iffi flJMiiiiii

!X38 RESOLUTIONS. 1814.

■ ' ■■-■ ■ . , i . .. k , , , .. —

In Senate, laid before the legislatures of the several states ; and also one copy to each member of
the senate and each member of the house of representatives from this state, in the Con-
gress of the United States.

This resolution was presented to the executive on Friday the 18th November, 1814,
but was suffered to remain in the executive five days, so as to become a resolution in
terms of the provision of the constitution, without being approved.

ANTHONY PORTER, Secretary

I •#■•*•»■ < IN SENATE» llth November, 1814.

(No. 102.) Be it resolved, by the Senate and House of Representatives, in General Assembly met,
and by authority of the same, That it is expedient to authorize his excellency the
Governor to draw out .of the treasury of the state, or take from any monies that may be
due to the state from the United States, a sum of money which may be equal to, the
amount of the direct tax for the state of Georgia, and to settle "with the government of
the United States, the amount thereof. ^kjhm^^h

Approved, 22d November, 1814.

IN SENATE, 15th November, 1814.

(No. 103.) Whereas, Mordecai Shackleford, tax collector of Clark county, was, by the expedi-
tion conducted by general Floyd, and affliction since, prevented from closing his collec-
tion in time to lay the insolvent list before the grand jury of the last term.

Be it therefore resolved by the Senate and House of Representatives of the state of

Georgia, in General Assembly met, and by the authority of the same, That the treasurer

do stay all proceedings against the said Mordecai Shackleford, until the tenth day of

April next. . „ . ' mg 0*^

Approved, 22d November, 1814.

IN SENATE, irth November, 1814.

(No. 104.) &e it resolved by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, That whereas suits have been commenced and instituted against
Obadiah Echols, Reddick Sims, and Francis Flournoy, late defaulting commissioners of

• *

(frhrini vir

RESOLUTIONS. 1814. 1139

this state, on their several bonds, and every legal and proper exertion made to recover In Senate.
thereon, failing, and being found impracticable j it is the opinion of this legislature that
any further prosecution of said suits will be unavailing, and would be calculated only
to involve the state in^ additional and unnecessary expense :

Therefore be it resolved, That any further prosecution of the bonds of the said Oba-
diah Echols, Reddick Sims and Francis Flournoy do cease and be discontinued.
Approved, 23d November, 1814.

IN SENATE, 19th November, 1814,

Resolved by the Senate and House of Representatives of the state of Georgia, in General (No. 105.)
Assembly met, That the commissioners of .the town of Milledgeville be, and they are
hereby authorized to lease to Jesse Burson three acres of land on the common, of said
town, now occupied by him, for the term of seven years, upon such terms as they may
deem reasonable and just.

Approved, 23d November, 1814.

IN SENATE, 19th November, 1814.

Resolved by the Senate and House of Representatives of the state of Georgia, That the (No. 106.)
treasurer of this state, and all other officers employed in collecting money arising from
the sale of fractional surveys, be, and they are hereby authorized and directed to extend
to all soldiers in the service of this state, or of the United States, the same indulgence
which is by law extended to such soldiers in cases of private contract ; and to all other
citizens indebted for fractional surveys, the same indulgence which an act, entitled " An
act to authorize the several Courts of Equfty in this state to grant remedies in certain
cases, and to regulate the Courts of Law and Equity in this state, and affording tem-
porary relief to the soldiers whilst in the service of this state or of the United States,
and for other purposes," gives to citizens in case of private contract, on their comply-
ing with the requisitions of the said law.

Approved, 23d November, 1814.

IN SENATE, 4th November, 1814.

The committee to whom was. referred the petition of Reuben Wilkinson, Report, that (No. 107.)
they have with some pains investigated the subject matter of said petition, and find that

7 F 2

Hfl «£..

ii n iinn 1

1140 RESOLUTIONS. 1814.

In Senate. general Thomas Glascock, in the year 1794, petitioned the General Assembly of this
state, alleging that he had purchased from the public a tract of land, for the quantity
of one thousand acres, which, on a resurvey, was found to contain only six hundred and
ninety acres, and prayed relief in the premises, which prayer was thought reasonable,
and a resolution predicated on said petition passed, recommending relief commensurate
with the injury; but the sum thus recommended, not being 'put into the appropriation
act, the same was not paid. That in the year 1797", the said Thomas Glascock again
petitioned and prayed relief, which was granted, and a settlement" in conformity there-
with was made with the treasurer ; in consequence of which premises, the surplus of
the 1000 acres, if to be found, became re-vested in the state bf Georgia. •

The petitioner, Reuben Wilkinson, having stated in his petition that he knows the
land in question, and that the same may be found, and praying that an opportunity may
be afforded him, in common with others, of purchasing the same, your committee recom-
mend th^ following resolution :

Resolved, That the sheriff of Scriven county be directed to advertise, and sell to the
highest' bidder, for cash or liquidated demands'against the state, at the court-house of
Scriven county, the said tract of three hundred and ten acres of land, the reverted sur-
plus of the thousand acres, so sold as aforesaid to the said Thomas Glascock, giving
thirty days notice of the time of making such sale ; and that the amount accruing from
the sale of said land be by said sheriff deposited in the treasury of this state.
Approved, 23d November, 1814.

IN SENATE, 18th November, 1814.

(No. 108.) The joint committee on finance, to whom was referred the treasurer's statement of the
treasury up to the 6th November, 1814, inclusive, beg leave to

Report, That they have examined the several items therein contained, with the books,
cash, &c. in the treasury, and find the same to agree with the statement in every parti-
cular.

They have had under their consideration the items in the treasurer's statement, denomi-
nated bonds and notes, and find from inquiry of the treasurer that some of the bonds
are, or will be open to immediate collection, while others, for the want of directions from
the legislature, in this particular, will remain in the treasury unacted upon; in order,
therefore, -to put all persons indebted to the state, by bonjds or notes, on the same footings
they recommend the following resolution :

wmm

RESOLUTIONS. 1814. il41

Resolved, That his excellency the Governor cause such measures to be adopted as I" Senate.
will ensure, as speedily as may be, the collection of the bonds in the treasury office, given
for Milledgeville lots, the notes given for the rent of fractions, and for the rent of the
twenty acre lots on the Milledgeville common, and such other bonds and notes as mav
be in the treasury, and not heretofore required to be put in suit.
Approved, 23d November, 1814.

IN SENATE, 18th November, 1814.

The joint committee on finance, to whom was referred the report of the solicitors of the (No. 109.
eastern and western districts, relative to confiscated property, beg leave to Report, that
they received from the commissioners, William Robertson and Hines Holt, four mort-
gages, one given by Abraham Jones, one by James Montford, one by Sheftall Sheftall,
and the fourth by Roger P. Sanders; that there appears to be a deficiency of several mort-
gages, of which they have received no information. And they further report, that they
deem it expedient that measures should be taken as early as possible by the attorney and
and solicitors generals, to ensure the collection of the sums due by mortgages and bonds
for confiscated property ; we therefore recommend the following resolution :

Resolved, That his excellency the Governor be requested to instruct the attorney and
solicitors generals of this state to take the mOst speedy and effectual measures to ensure
the collection and payment into the treasury, of all the monies due for confiscated and
reverted property.

Approved, 23d November, 1814. *

IN SENATE, 18th November, 1814.

Whereas, public opinion must essentially influence the conduct of those who are (No. 110.)
called to the administration of a republican government, and in the prosecution of a war,
the measures of the administration may be accelerated or retarded by the application of
this momentum.

And whereas, the recent advices from our ministers plenipotentiary at Ghent, have ap-
prised us of the insolent and insulting pretensions of the cabinet of Britain ; pretensions
incompatible with the most essential rights of this government, and which have excited
feelings of indignation in every patriotic bosom against our proud and insolent foe s

1142 RESOLUTIONS. 1814

In Senate. And whereas, public policy demands that the government of the United States should

be encouraged by the expressions of these sentiments in the prosecution of- a war, render-
ed necessary by the endearing recollection of its being prosecuted in defence of our
wives, our children, our sacred honour, and the independence of our beloved country :

Be it therefore resolved unanimously by the General Assembly of the state of Georgia,
That the terms and conditions proposed by the British ministers at Ghent to the ministers
plenipotentiary on the part of the United States, as the sine qua non upon which a treaty
of peace may be concluded, are not only incompatible with the essential rights of the
American Republic, and therefore inadmissible, but are in the highest degree insulting
to the American character ; and whilst the members of this legislature deprecate the
horrors of war, and would rejoice that its clouds should be dispelled by the cheering
rays of an honourable peace, they take pleasure in the expression of the opinion, that
this portion of the American people will cheerfully breast the storm of war, rather than
purchase the return of peace by the sacrifice of those rights which every independent
American must hold dear.

And be it further unanimously resolved, That to make peace upon the terms proposed,
would be to compromit the dignity and the honour of the Republic, to sacrifice the most
important rights of the nation, and jeopardize her independence. The legislature there-
fore respectfully recommend to the general government a vigorous prosecution of the
War, as the only means of humbling the pride of the enemy, producing an honourable
peace, and transmitting to posterity, unimpaired, the blessings of freedom and inde-
pendence. ,

Resolved, That his excellency the Governor transmit a copy of these resolutions to
the President of the United States.

Approved, 23d November, 1814.

^JS^m

RESOLUTIONS. 1814. 1143

RESOLUTIONS,

* • r

WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES IN 1814.

IN THE HOUSE OF REPRESENTATIVES,

Monday, 7th November, 1814.

The joint committee on finance, to whom was referred the petition of John M. I» the House
Patrick, beg leave to recommend the following resolution : tatives.

Resolved, -That the prayer of the petitioner is reasonable, and ought to be granted, and
•that the sum of eighty dollars be allowed the said John M. Patrick.
Approved, 15th November, 1814.

(No. 111.)

IN THE HOUSE OF REPRESENTATIVES,

• Thursday, 10th November, 1814. . '

Resolved, That his excellency the Governor be, and he is hereby authorized to nego- (No. 112.)
tiate a loan with the. banks of this state, or either of them, for a sum of twenty thousand
dollars, and that the same be advanced by him to the quarter master's department on
account of the United States, as a temporary aid to enable the detachment of militia
destined for the south-west to march without delay.
Approved, 15th November, 1814.

IN THE HOUSE OF REPRESENTATIVES,

~ Wednesday, 2d November, 1814.

Resolved unanimously, That his excellency the Governor be, and he is hereby re- (No. 113.)
quested to procure a sword suitable to the rank and grade of lieutenant James McIntosh,
of the rifle corps, a native of the state of Georgia ; and that he cause the same to be
presented to that meritorious officer as a testimony of the high estimation in which he
is held by the legislature of h}s native state, for his gallantry and intrepidity, display-
ed in the late actions at Sandy creek and Gonjocketa creek near Black Rock ; the first
conducted by lieut. col. Appling, and the latter by the deceased major Morgan
Approved, 15th November, 1814,

^■:„.^

1144 RESOLUTIONS. 1814.

In the House

of Represen- IN THE HOUSE OF REPRESENTATIVES,

tatives. „

, Saturday, 12th November, 1814.

(No. 114.) Whereas, the tax collector of Twiggs county, having been prevented, by the unex-

pected adjournment of the court at the last term, from laying before the grand jury of
said county a list of insolvent debtors for taxes :

f
Be it therefore resolved- by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, and it is resolved by the authority of the same, That the
said tax collector shall be, and he is hereby authorized and required to lay before the
grand jury of the county aforesaid, at the next term of the Superior Court, tke insol-
vent list aforesaid ; and the said tax collector is hereby indulged until the next court for
the purposes aforesaid, provided he shall pay over to the treasurer all taxes collected by
him agreeably to law.

Approved, 19th November," 18 14.

IN THE HOUSE OF REPRESENTATIVES,

Saturday, 12th November, 1814.

^No. 115.) Whereas, many of the citizens of this state, without regard to existing treaties be-
tween the friendly Indians and the United States, and contrary to theinterest and good
policy of this state, have gone, and frequently are going over and settling and cultivating
the lands allotted to the friendly Indians for their hunting ground, by which means the
state is not only deprived of their services in the army, but considerable feuds are en-
gendered between us and our friendly neighbouring Indians :

Resolved therefore, by the Senate and House of Representatives of the state of Geor-
gia, in General Assembly met, That his excellency the Governor be, and he is hereby
requested to take the necessary means to have all intruders removed off the Indian
lands, and that proper steps be taken to prevent future aggressions.
Approved, 19th November, 1814.

IN THE HOUSE OF REPRESENTATIVES,

Tuesday, 15th November, 1814.

(No, 116.) The committee to whom was referred the petition of Nehemiah Dunn, as parent anfi
natural guardian of Elijah Dunn and Benajah Dunn, minors,

hi nini^iiiiMiii mi m ail

RESOLUTIONS. 1814. 114

Report, That they have examined the vouchers accompanying the same, wherein it* In ^ie House
appears that Daniel Wallicon, in the year 1783, purchased of the commissioners of con- tatives.
fiscated property a certain tract of land, containing fout hundred and fifty acres, origi-
nally granted to William Jackson, on the third day of October,, one thousand seven
hundred and sixty-nine, situate and being in the parish of Saint Paul, (now Columbia
county) which said tract of land was sold as the property of William Manson ; and^»
whereas, the aforesaid Daniel Wallicon did, by his last will and testament, bearing date
the fifth day of September, 1789, give and bequeath the same unto Jeremiah Wood,
who did convey the same to the said Elijah and Benajah Dunn, ]py deed of conveyance,
'bearing* date the 22d day of March, 1803 : and whereas, it appears that the bond giveflr
for the purchase mone}||of the said tract of land has been fully discharged and paid off
by the said Wallicon, and that there has been^io deed of conveyance heretofore made
by the commissioners of confiscated property ; in consideration whereof, we deem the
prayer of the petitioner reasonable, and ought to be granted ; we therefore recommend
the following resolution :

* ■•

Resolved by the Senate and House of Representatives ofjhe State of Georgia^ in General
Assembly jnet, That the present commissioners of confiscated -property, or a majority of
them, do make and execute titles for the said four hundred and fifty acres of land to
Nehemiah Dunn.

Approved, 19th November, 1814. » •• %

IN THE HOUSE OF REPRESENTATIVE,
Tuesday, 15th November, 1814.

Be it resolved, That his excellency the Governor be, and he is hereby authorized and (No. 117.)
required to cause the bond that was given by Zach. Sims, principal, and E. Park, Tho-
mas Ligon, Abram Heard and Robert Royston, securities for S300O that was loaned
the said Zach. Sims, be collected as soon as it may be practicable.
Approved, 22d November, 1814.

IN THE HOUSE OP REPRESENTATIVES,

Friday, 18th November, 1814.

Resolved, That his excellency the Governor be, and he is hereby requested to cause (No. 118.)
the numbers of Clayton's Digest to be distributed with the laws and journals of the
present session throughout the different counties in this state, in proportion to the num-
ber that may have been received.

Approved, 22d November, 1814.

7 G

1146 RESOLUTIONS. 1814.

In the House •

of Represen- .' in THE HOUSE OF REPRESENTATIVES,

tatives. _, , „to ,
Thursday, 17th November, 1814.

(No. 119.) The select committee to whom was referred the petition of Benjamin Davis,

Report, That they have had the same under consideration, and are of opinion,, that
the prayer of the petitioner is reasonable, and ought to be granted, and therefore re-
commend the following resolution :

Resolved, That his excellency the Governor be requested to order the suspension or
stay of the execution, the State against Benjamin Davis, until the next term of the Su-
perior Court in Richmond county.

And be it further resolved, That if the said. Benjamin Davie shall or do, on the first
day of the next term of the Superior Court of Richmond county aforesaid, deliver to
the said court the bqdy of Abraham Collins, or to the sheriff in vacation, that then and
in such% case his excellency the Governor be, and he is hereby authorized to discharge
the judgment recovered against the said Benjamin Davis by the state as the security of
the said Abraham Collins.

Approved, 22d November, 1814. •

• • •

IN THE HOUSE OF REPRESENTATIVES,

Thursday, 17th November, 1814.

(No. 120.) The joint committee on finance, to whom was referred the report of the comptroller
. general from the house of representatives, beg leave to recommend the following reso-
lution :

Resolved, That the report of the comptroller general be published three several times
in one of the Milledgeville gazettes, with the exception of the names of Theodore
Montford and Richard T. Keating, so far as relates to the year 1807, as to the latter,
who appear to have settled the amounts stated to be due by them with the sheriffs of
McIntosh and Bryan counties.

Approved, 22d November, 1814.

RESOLUTIONS. 1815. U47

RESOLUTIONS,

WHICH ORIGINATED IN SENATE IN 1815.

IN SENATE, 14th November, 1815.

Resolved, That his excellency the Governor be requested to inform the General in Senate.
Assembly, what measures have been taken to carry into effect a resolution, passed on r-^Q j2i '
the second day of December, 1812, authorizing him to direct the solicitor general of the
eastern district to investigate the claim of the state to certain lands, purchased in the
month of November, 1810, by the counties of Elbert, Jackson, Clark, Morgan, Putnam,
Laurens, Montgomery, Bulloch, Randolph, (now Jasper,) and Scriven.
Approved, 22d November, 1814.

IN SENATE, 15th November, 1815.

The committee to whom was referred the petition of William Stroud, a wounded sol- (No. 122.)
dier, beg leave to Report, that they have taken the hard case of the petitioner under con-
sideration, and are of opinion that he ought to be allowed the sum of fifty dollars, as
subsistence for one year, and that said sum be made part of the appropriation for the
year 1816.

Approved, 22d November, 1815.

IN SENATE, 20th November, 1815.

Resolved, That Messrs. Seaton and Fleming Grantland have the public printing of (No. 123.)
this state, for the present political year, at the same price and on the same conditions as
for the preceding.

Approved, 25th November, 1815.

7 G2

2148 RESOLUTIONS. 1815,

In Senate.

. IN- SENATEj 21st NoVember, 1815

(No. 124.) The committee to whom was referred the petition of John McQueen, stating, that in
the year 1808, he delivered to John McKinnon, as commissioner of confiscated pro-
perty, certain plats and grants of land, amounting to 13,354 acres ; that the 24th day of
December, 1810, 7,200 acres of the said lands were sold at public sale in Milledgeville
lor $34,012, and that the said John McKinnon bought in for, and by desire of the peti-
tioner, the Jefferson tract of land, containing 3000 acres, the titles for which the peti-
tioner has not received, and praying that titles may be ordered to him for the said 3000
acres, which includes 2000 acres granted Sir James Wright, 500 acres granted Thomas
Moodie, and 500 acres granted Charles West, as the property of said Sir James Wright,
excepting the town of Jefferson, which is by law excepted— Report, that they have ex-
amined the documents, *and find the facts correct, as stated in said petition, and there-
fore beg leave to recommend the following resolutions :

Resolved, That John McKinnon be directed to fill up the blank deed of conveyance
made by Hines Holt and William Robertson, commissioners of confiscated sales, and
deliver the same to John McQueen, in three months from the passage of this resolution,
which deed was given by the said Hines Holt and William Robertson, as commission-
ers aforesaid, to the said John McKinnon, to be filled up by him, and deliver the same
to the said John McQueen. 'j§ m

And be it further resolved, That the said John McKinnon, one of the said commission- "
ers,be, and he is hereby required to deliver, to the treasurer *of this state, all the plats
and grants which were delivered to him by the said John McQueen, agreeably to a list
or schedule thereof, signed by the said John McKinnon, which shall be lodged with the
said treasurer ; and that, so soon as the balance of the said land shall have been sold,
the said John McQueen shall be entitled to receive his per centum on the same.
Approved, 16th December, 1815.

IN SENATE, 22d November, 1815,

(No. 125.) Whereas, There is no law or resolution in this state requiring the secretary of state,
treasurer, surveyor general and comptroller general, to make out a schedule or list of
the books of records, and other documents or papers appertaining to their said several
©ffices, to the executive or elsewhere : . '•» .

•
•

^ *. d

RESOLUTIONS. 1815. IJ49

And whereas, it is deemed expedient that there should be a record of the schedule of In Senate,
all such books of records and other documents, appertaining to the said several offices,
so as to ascertain the records belonging to this state :

Therefore, b*e it resolved by the Senate and House of Representatives of the state of
Georgia in General Assembly met, and by the authority of the same, That his excellency
the Governor, and his successors in office for the time being, be, and he is hereby au-
thorized and required to cause the secretary of state, treasurer, surveyor general and
comptroller general, to make out a schedule or list of all the books of records, and such
other papers as his excellency may think expedient, appertaining to their several offices,
and have the said schedule filed and recorded in the executive office.

And be it further ^resolved, That the said several officers do, annually, at the end of
each political year, make out a like schedule of the increase of the records and other
documents belonging to their said several offices, to the then executive officer, to be
filed and recorded as aforesaid.

Approved, 30th November, 1815,

* ^ IN* SENATE, — November, 1815.

The joint committee on finance, to whom was referred the petition of Raymond De- (No. 126.)
mere and others, beg leave to Report : That they had the same, together with the accom-
panying documents, under their serious consideration, and recommend the following
resolution :

Resolved, That the prayer of the petitioners is reasonable, and ought to be granted, so
far as to cancel or deliver up to the petitioners the bonds given to the state for the two
tracts of land called Cherry-Hill and Dublin, the same having reverted to the state, and
having been sold by the commissioners of confiscated property, for the benefit of the
state : Provide nevertheless, that the solicitor general of the eastern circuit be, and he
is hereby required to prosecute the claim of the state to said tracts of land until a final
trial and decision : And provided also, that the said Demere do relinquish all right and
claim against the state, for or on account of any monies paid by his father for said lands,
►and all title which his father may have received for the same,
Approved, 30th November, 1815,

•.

tt.

1150 RESOLUTIONS. 1815.

• -■; ■ ' * ^ ■ ' ■ . -

In Senate.
IN SENATE, 28th November, 1815.

(No. 127.) Whereas, the penal code of this state, as adapted to the penitentiary system, requires
revision and amendment :

Be it therefore resolved, That his excellency the Governor be, and he is hereby author-
ized and required to employ fit and proper persons (not exceeding three) to compile a
code of criminal law, adapted to the penitentiary system, and that he lay the same be-
fore the next General Assembly, for their approval, amendment or dissent ; and that he
• pay the expenses of the same out of the contingent fund.
Approved, 8th December, 1815.

IN S*ENATE, *5th December, 1815.

(No. 128.) The committee on finance, to whom was referred the petition of Mrs. Nancy Horton.
Report, that they have had the same under consideration, and find that it is reasonable.
and ought to be granted, and therefore recommend the following resolution, to wit :

Resolved, That the sum of fifty dollars be appropriated to Mrs. Nancy Horton, to be
paid her by warrant on the treasurer from the Governor, upon her giving bond and secu-
rity to indemnify the state against the payment of a warrant issued the 3d of December,
1802, in favour of James Byrum, for the said sum of fifty dollars ; it appearing that
the said warrant has been lost, and consequently never taken in the treasury.
Approved, 16th December, 1815.

IN SENATE, 5th December, 1815.

No. 129.) . The committee to whom was referred the petition of colonel Daniel Newnan, are of
opinion that the prayer of the petitioner is reasonable, and ought to beigranted ; they
therefore recommend, that the sum of five hundred dollars be allowed him in the appro-
priation law, which shall be written off his bonds given to the state for the purchase of
fractional surveys of land, by the treasurer or other officer in whose hands such bonds
may be, and which shall be considered as a remuneration to him the said Newnan, for*
the loss of a negro man, on an expedition conducted by him against the Aulotchewau

Indians, in the year 1812.

•

Approved, 16th December, 1815.-

RESOLUTIONS. 1815. 1151

In Senate.
IN SENATE, 29th November, 1815.

Resolved, That his excellency the Governor be, and he is hereby directed, to have (No. 130.)
consolidated and compiled in a pamphlet form, the several patrol laws in force in this
state, and to distribute the said compilation in such manner as may be the best calcu-
lated to give it general publicity.

Approved, 16th December, 1815.

'AflMMk*<4'4HV

IN SENATE, 4th December, 1815.

Resolved. That colonel Nicholas Long, colonel Patrick Jack, colonel H. V. Milton, (No. 131/
captain William Jones, colonel Edward Harden, captain Willoughby Barton, major
general Allen Daniel, and the adjutant general, colonel Daniel Newnan, be, and they
are hereby appointed and requested to act? as a board for the purpose of framing and
digesting a military system for* the militia of this state ; and that they do, so soon as
they shall have completed the said system, report the same to his excellency the Gover-
nor, whose duty it shall be to submit it to the next General Assembly, with his opinion
thereon.

Approved, 16th December, 1815.

IN SENATE, 11th December, 1815.

The committee to whom was referred that part of the Governor's communication rela- (No. 132.
tive to the arms and ammunition belonging, to this state, having had the same under
consideration,* and being apprised that a considerable quantity of both have been issued
to^ commanders of regiments in <|ifFerent sections of the state, and not yet returned, re-
commend the following resolution :

Resolved^ That his excellency be requested to call on the said commanders, for a state-
ment of the number and quality of arms and ammunition remaining in their several
commands, and to make such disposition of the same as he may think most proper.
Approved, 16th December, 1815.

1152

RESOLUTIONS. 18U.

In Senate.

IN SENATE, 5th December, 1815.

(No. 133.) The committee to whom was referred the petition of the citizens of Milledgeville,
have had the subject under their consideration, and recommend the adoption of the fol-
lowing resolution :

Be it resolved by the Senate and House of Representatives of the state of Georgia,
in Genera'l Assembly met, That his excellency the Governor be, and he is hereby author-
ized and required, to order stay of execution on all judgments which have been or may
be obtained, prior to the first day of April next, in behalf of the state, against the pur-
chasers of Milledgeville lots, for the term of six months from the date of said judg-
ments ; at the expiration of which time the said purchasers, or their securities, shall,
on the payment of one-third of the principal and interest then due by them, be entitled
to a further stay of twelve months; Provided nevertheless, that air persons claiming
the indulgence hereby given, shall, if required, give additional security for the payment
of their respective dues ; and that nothing herein contained shall be so construed as to
prevent securities from proceeding against their principals, in the manner pointed out
heretofore by the legislature.

Approved, 16th December, 1815,

IN SENATE, 5th December, 1815. '

(No. 134.) The joint committee on finance, to whom was referAl the petition of James Patter-
son, have had the same "under consideration, ,and beg leave to Report, that it appears to
them that James Patterson" was receiver of tax returns in Wilkes county, in the year
eighteen hundred and eight ; that from the oath of the said receiver, and .the statement

of the comptroller general, "there is due the said receiver the sum of One hundred and

.
ninety-five dollars and eighty-five cents for his services ; they therefore recommend the

...
following resolution :

Resolved, That the sum of one hundred and ninety-five dollars and eighty-five cents,
be appropriated for the use of James Patterson, receiver of tax returns for Wilkes
county, in eighteen hundred and eight, as a full compensation for his services.
Approved, 16th December, 1815,

RESOLUTIONS. 1815. 115^

In Senate.
IN SENATE, 8th December, 1815. —

Resolved, That the commissioners of the academies of the counties of Elbert, Jack- (No. 135.)
son, Morgan, Clark, Putnam, Laurens, Montgomery, Bulloch, Jasper and Scriven, or
at least one of the commissioners of the academies of a majority of the said counties,
be, and they are hereby authorized, either by themselves, their agents or attornies, to
sell and dispose of three tracts of land in the county of Camden, sold by the commis-
sioners of confiscated property ; one as the property of Sir James Wright, one as the
property of Alexander Wright, and one as the property of James Wright, junior, and
bought by the commissioners of the academies of said counties ; and that they may
dispose of the same, either at public or private sale, and on such instalments as they
may deem most conducive to the interest of their several institutions ; and that the
commissioners of confiscated property do make titles to the purchasers thereof, when-
ever they shall be thereunto required by said commissioners, their agents or attorney.
Approved, 16th December, 1815.

IN SENATE, 8th December, 1815.

Resolved, That the purchasers of fractional surveys and squares of land from this (No. 136.
state, who may, on or before the first day of May next, give sufficient additional security,
and who may, on or before that day, have paid one third part of the principal of the debt
due to the state, with the interest and cost due on the first day of May 1816, shall have
a further indulgence for the balance, until the first day of May, 1817; Provided, that
nothing herein contained shall prevent proper measures being taken to secure the imme-
diate payment of any sum or sums due the state, where it may be deemed expedient ;
but proceedings may be stayed as aforesaid, in such cases, when good security is offered
and taken by the proper officer.

And provided also, That when any judgment or execution is stayed, according to the
provisions of this resolution, execution may issue after the expiration of the time for
which security was given, against the.principal and security or securities without any
other proceedings thereon ; and that his excellency the Governor be authorized to give
the necessary instructions to the proper officer for the accomplishment of the objects
herein contemplated.

Approved, 16th December, 1815.

7 H

1154 RESOLUTIONS. 1815.

In Senate.
m SENATE? 4th December, 1815.

*. No. 137.) rfhe committee to whom was referred the memorial of captain Jonas Fouche in behalf
of himself, and officers and men formerly under his command, Report, that it appears
from an act of Congress, passed the 5th of March, 1792, and the letters of the secretary
at war, addressed to the Governor of Georgia, authorizing effectual provision for the
defence of the frontier of this state, that the said memorialist, and officers and men
under his command, have rendered military services, authorized by the general govern-
ment, which have not been compensated, from the twenty-third day of April 1793, to
the twenty-fourth day of July 1 794, inclusive ; we do therefore seriously regret, that the
claims of the war-worn soldier should be so long neglected :

Be it therefore resolved, That his excellency the Governor be, and he is hereby requir-
ed, to instruct our senators in Congress, and our representatives in the house of represen-
tatives, to call on the secretary at war, and prosecute the claims of our citizens there
pending to a final settlement.

Approved, 16th December, 1815.

IN SENATE, 13th December, 1815.

(No. 138.) Whereas, a practice has prevailed in the town of Milledgeville, of persons moving
houses from the lots purchased from the state, and unpaid for by the purchaser, on other
lots, whereby the securities to the purchasers and the state are defrauded, and specula-
tion encouraged :

Be it therefore resolved by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, That from and immediately after the passing of this
resolution, his excellency the Governor be, and he is hereby fully authorized and requir-
ed, to take the most effectual and decisive measures to prevent the removal of any house
or houses from off any lot or lots of land sold or leased under the authority of this state,
until said lot or lots are paid for to the state, with the interest and cost thereon.
Approved, 16th December, 1815.

IN SENATE, 16th December, 1815.

(No. 139.) Resolved, That his excellency the Governor be, and he is hereby authorized, to bor-
row a sum of money on the faith and credit of the state, (which are hereby pledged for
the redemption thereof,) sufficient to comply with the subscription of this state to the

m* M ^^^....

RESOLUTIONS. 1815. H5

State Bank, if the same may be deemed necessary, previous to the meeting of the next In Senate.
General Assembly.

* Approved, 16th December, 1815.

IN SENATE, 15tlrDecember, 1815.

Be it resolved by the Senate and House of Representatives of the state of Georgia, in (No. 140.)
General Assembly met, That the conduct of the directors ,of the Bank of Augusta, in
withholding specie payments, has been dictated by good policy ; that their refusal to
accede to the proposal of the secretary of the treasury of the United States, in relation
to treasury notes, was a precautionary measure, and such as prudence and good conduct
required : and whilst the legislature entertain the most favourable opinion of the re-
sponsibility of the Bank, and the high credit of its bills, fondly hope that the period is

not far distant, when the directors will be enabled to accommodate the holders of their

...

bills with specie for the same.

.+ Approved, 16th December, 1&15.

IN SENATE, 15th December, 1815.

On motion of Mr. Gharlton :'

Whereas, at a period the most alarming to the destinies of the Republic ; at a period (No. 141.)
when every patriotic breast was palpitating with a fearful anxiety ; at a period when the
vainglorious and exulting enemy had promised beauty and booty to his supposed invin-
cibles, thereby adding the excitements of'lust and rapine to his other enormities ; at this
crisis, the genius and valour of major general Andrew Jackson, aided by the zeal and
patriotism of his gallant officers and soldiers, spread havoc and dismay among the foe,
and around themselves a blaze of glory, which has given to the arms of the nation an
imperishable renown; and entitle the hero and his soldiers to the loudest plaudits of
every section of their free and grateful country:

Be it therefore unanimously resolved by the Senate and House of Representatives of the
state of Georgia, in General Assembly met, That the legislature of this state, for them-
selves and in behalf of the people whom they have the honour to represent, tender to
major general Andrew Jackson, and his gallant officers and soldiers, their thanks for the
glorious and unparalleled efforts of the hero, and his brave companions in arms,#before
New-Orleans, thereby rescuing that devoted city from the threatened abominations of
the enemy, raising to a proud station the military fame of the nation, and infusing con-
fidence into the hearts of their countrymen.

7 H 2

mm ife . i -^— ^—

J156 RESOLUTIONS. 1815.

In Senate. Resolved, That a copy of the foregoing be transmitted by his excellency to major

general Andrew Jackson.

Approved, 16th December, 1815. #

IN SENATE, 14th December, 1815.

(No. 142.) Resolved, That his excellency the Governor be, and he is hereby authorized and re-
quired, to appoint fit and proper persons, not exceeding two, for the purpose of attend-
ing all sales made by virtue of any execution in favour of the state, on account of the
foreclosure of mortgages against the purchasers of fractional surveys, and in order to
prevent fraud in any such sale, that the person or persons so appointed be authorized to
bid in behalf of the state, to such amount as they may deem a reasonable value, for any
fraction that may be thus offered for sale : Provided nevertheless, that the person or per-
sons so appointed shall, previous to bidding at any such sale, take and subscribe an oath
before some justice of the peace or of the Inferior Court, that they will bid in such
manner as, in their judgment, will be most advantageous to the state. ^

Approved, 16th December, 1815.

IN SENATE, 6th December, 1815.

The joint committee on finance, to whom was referred the Report of the commis-
sioners of the penitentiary edifice, beg leave to Report, that they have had the same un-
der their consideration, and after an attentive examination of the account of disburse-
ments made, find the same correct, as far as they could conveniently ascertain ; they would
recommend, however, to the commissioners hereafter, to specify the particular quantity
of any article purchased, and its cost : for example, so many feet of lumber, the kind,
and its price per hundred feet; so many barrels of nails, containing so many pounds, the
quality, and the price per hundred weight ; the number of brick purchased or laid ; also,
the proper vouchers, receipts, &c. f6r any thing purchased.

The committee suggest this, not from any want of confidence in the commissioners,
but that the legislature may be enabled to know the terms on which materials have been
purchased.

The committee will now proceed to express their sentiments relative to the balance of
the Report of the commissioners.

If the penitentiary system is founded on the principles of a humane and wise policy,
it is an object of primary importance that it should be carried into operation at the

RESOLUTIONS. 1815.

1157

earliest period possible ; your committee are of opinion, that the sj^tem is honourable ln Senate.
to the state, and affords the strongest evidence of the improvement of our country in
civilization, and correct views of criminal jurisprudence ; for nothing can be more unjust,
more barbarous, than those laws, which, placing crimes of different degrees of magnitude
upon an equality of guilt, alike require blood for all.

An example or two will suffice : Under, the present system, he who robs another on the^
highway, of property of the least value, is equally punished as if he had added murder to
his crime, and thereby is often induced to commit murder for the purpose of preventing
detection. The crime of manslaughter, infinitely more heinous than robbery, is only
punished with burning in the hand, while the latter, as before observed, is punished
capitally.

The pillory, cropping, and whipping, have a most unfortunate tendency, hardening
the individual, and, when set at liberty, he is prepared for the perpetration of every
crime.

The penitentiary system wisely proportions the punishment to the crime : it excludes
the offender from society ; it accustoms him to habits of industry, which he is like to
preserve ; his labour is beneficial to the state and to himself; the certainty of punish-
ment is also increased, for under the present system, juries are unwilling to convict for
minor offences where death follows. ,

The committee hope that their remarks will not be deemed foreign to the -subject, as
they prove conclusively, they trust, the propriety of completing the building as it at
present stands, for the speedy reception of criminals. With respect to the completion
of the original plan, the committee beg leave to state, that even if that plan were not as
good as might have been devised, yet many disadvantages must necessarily result from
leaving it unfinished! One wing was intended for female criminals ; will not many
difficulties arise, if the plan be abandoned ? It is urged by many, that it is too extensive ;
but this is bare conjecture, and the legislature, who approved the plan, did not coincide
with those who entertained this opinion. If there be any difference of sentiment on this
point, will it not be more prudent to have the building too large, rather than risk its
being too small ? What would be the consequence, if more criminals should arrive than
could be received ? How could the sentence of the law be carried into effect ? The
committee are nevertheless sensible, that economy ought to be consulted ; but if they
were to hazard an opinion, they would assert, that the public good is more frequently
sacrificed by economising, than by a prodigal use of the public money. They are of
opinion, that the penitentiary can be completed with as little expense to the state at
this, as at any subsequent period : there are materials on hand which must otherwise

1 Utah

$?',

X258 RESOLUTIONS. 1815.

In Senate. be sold, and there^is a sufficient number of workmen ready to undertake ; they there-
fore beg leave to submit the following resolution :

Resolved, That the wing and centre of that part of the penitentiary already erected,
be prepared as speedily as possible, for the reception of criminals ; that the contem-
plated wall be so constructed as to strike the same point as if the building were com-
plete, and thence take such a direction as not. to interfere with carrying on the original
plan, which is recommended to be pursued as soon as convenient ; and that the sum of
twenty-five thousand dollars be appropriated for the purposes aforesaid.
Approved, 16th December, 1815.

IN SENATE, 12th December, 1815.

On motion of Mr. Charlton :

(No. 143.) The late war with Great Britain, being closed by an honourable peace, imposes upon
the legislature of this state, the duty of approving the conduct of those defenders of theiv
country who deserve it ; and who have not heretofore received the tribute of applause
due to their services : And in the tendering of this public expression of legislative
thanks and gratitude, the General Assembly of this state are first attracted by the gallant
and determined manner the late major general McIntosh, and the present brigadier
general Blackshear, their officers and men, obeyed the call of the state, and promptly
marched in the most inclement season to meet the enemy, then threatening a neigh-
bouring territory of the United States ; and with a zeal and patriotism highly honour-
able to this army, endeavoured to meet the foe, in despite of danger, or his discipline
and superiority of numbers.

Wherefore, be it resolved unanimously by the Senate and House, of Representatives of
the General Assembly of the state of Georgia, That this legislature, for and in behalf of
the free people of this state, tender their thanks to^the said major general McIntosh and
brigadier general Blackshear, and the brave officers and soldiers lately under their com-
mand. And whereas, during the late invasion of this state, an army was placed under
the command of brigadier general John Floyd, who, as a commander of the militia of
this state, had under his orders various officers, soldiers and volunteers, exerting them-
selves in defence of their insulted and invaded country, whose general conduct and
bravery met the approbation of the said general Floyd.

Be it therefore resolved unanimously, by the authority aforesaid, That the thanks of this
legislature, acting for the free people of this state, be, and |he same are hereby tendered

jfltffc. "

RESOLUTIONS. 1815.

1159

to the said general Floyd, for his gallant and patriotic services, as also to the officers, in Senate.
soldiers and volunteers under his command, in the service lately performed in the east-
ern division of this state.

Be it further resolved, That copies of these resolutions be presented by his excellency
the Governor, to major general MTntosh, brigadier general Blackshear, and to briga-
dier general Floyd.

Approved, 16th December, 1815,

- mJmi

* %

H6G RESOLUTIONS. 1815,

RESOLUTIONS,

WHICH ORIGINATED INTHE HOUSE OF REPRESENTATIVES IN 1815

IN THE HOUSE OF REPRESENTATIVES,

November 18th, 1815.

In the House The joint committee on finance, to whom was referred the resolution (with the ac~
ofRepresen- t . ;. *

tatives. companying documents) in favour of John Sorrell, beg leave to Report, that they have

(No. 144.") nad the same, under their consideration, and are of opinion that his claim is founded in

justice, and therefore recommend the adoption of said resolution.

Whereas, John Sorrell, of the county of Morgan, has regularly listed and paid his
tax for the year eighteen hundred and fourteen, to the tax receiver and collector of said
county, and has been returned as being in default for said tax, in the county of Greene,
amounting to the sum of nine dollars and forty-eight cents.

Be it therefore resolved. That the comptroller be authorized to credit the collector of
Greene county, by the same amount.

Approved, 25th November, 1815.

.IN THE HOUSE OP REPRESENTATIVES,
November 17th, 1815.

(No. 145.) Resolved, That his excellency the Governor be requested to lay before the legisla-
ture, as soon as may comport with his public duties, a statement of the arms, accoutre-
ments and ammunition belonging to this state. ,

Approved, 25th November, 1815. •

RESOLUTIONS. 1815. U61

In the House
. of Represen-

IN THE HOUSE OF REPRESENTATIVES, tatives.

November 20th, 1815.

Resolved, That the senators and representatives of this state, in the Congress of the (No. 146.)
United States, be instructed to apply for and have an act passed, to authorize the collec-
tion of duty on tonnage of ships and vessels, as a compensation to the harbour master
ahd health officer of the port of Savannah.

Approved, 22d November, 1815.

IN THE HOUSE OF REPRESENTATIVES,

November 18th, 1815.

The joint committee on finance, to whom was referred that part of the Governor's (No. 147.)
communication relative to the disbursements in the erection of works of defence around
the city of Savannah, beg leave to Report, that they have minutely examined the same,
and find that every item of the said account is properly vouched, and recommend the
following resolution :

Resolved, That his excellency the Governor do transmit the vouchers of the sums ex-
pended, by the commissioners of the fortification around the city of Savannah, to the se-
cretary of war, and claim payment for the same.
Approved, 25th November, 1815.

IN THE HOUSE OF REPRESENTATIVES,

November 16th, 1815.

Resolved, That the site of the public buildings in the county of Telfair shall be (No. 148.)
called and known by the name of Jacksonville. *

Approved, 25th November, 1815.

IN THE HOUSE OF REPRESENTATIVES,

November 21st, 1815.

The joint committee on finance, to whom was referred the petition of Drury Williams, (No. 149.)
beg leave to Report, that they have had the same under their consideration, and are of
opinion that the prayer of the petitioner is reasonable, and ought to be granted, and re-
commend the following resolution :

■^ -»• — -

U62 RESOLUTIONS. 1845.

In the House Resolved. That the bond of the said Drury Williams, given for fraction No. 216, in

of Represen- ./ 7 o 7

tatives. the twenty-eighth district of Wilkinson, now Twiggs county, containing 39 acres, be
given up to the said Drury Williams, on his relinquishing to the executive of this state,
in behalf of said state, all right, title or claim which he now has, or ever had, to the
aforesaid fraction No. 216.

Approved, 8th December, 1815.

IN THE HOUSE OF REPRESENTATIVES,

November 25th, 1815.

(No. 150.) The joint committee on finance, to whom was referred the petition of John Scriven,
executor of Joseph Bryan, deceased, and Charles Harris, Esq. beg leave to Report, that
they are of opinion the prayer of the petitioners ought not to be granted, and that the
solicitor general of the eastern district be directed to proceed to the foreclosure of the
mortgage, and sale of the land.

Approved, 16th December, 1815.

IN THE HOUSE OF REPRESENTATIVES,

December 9th, 1815.

(No. 151.) Resolved, That the sum of one hundred dollars each, be appropriated for the relief
of Joel Dickson and William Boothe, as a temporary relief for wounds received by them
in an expedition against the Creek Indians, under general John Floyd.
Approved, 16th December/ 1815.

IN THE HOUSE OF REPRESENTATIVES,

December 11th, 1815.

(No. 152.) Resolved, That his excellency the Governor be, and he is hereby authorized- to pay,
out of the contingent fund, the amount which may be due on a settlement with Messrs.
S. and F. Grantland, and Messrs. Kean and Jones, respectively, for publishing in their
gazettes the rules nisi on the foreclosure of mortgages upon the Milledgeville lots,
which settlement shall not take place till the expiration of the time required by law for
the promulgation of such notices.

Approved, 16th December, 1815,

RESOLUTIONS. 1,815. ll(}3

In the House

IN THE HOUSE OF REPRESENTATIVES, of Represen-
tatives.
December 9th, 1815. ,

Resolved, That the commissioners of the town of Milledgeville be, and are hereby (No, 153.)
authorized to lease to the widow Fanny Jones, ten acres of land whereon the said
Fanny now lives, belonging to the town commons, for the term of ten years.
Approved, 16th December, 1815.

IN THE HOUSE OP REPRESENTATIVES,

November 24th, 1815.

■

The joint committee on finance, to whom was referred the petition of Elijah Swan, (No. 154.)
of Lincoln county, beg leave to Report, that they have had the same under their consi-
deration, and are of opinion :

•

1st. That the case of the petitioner is of that character which more properly claims
the attention of the general government ; but his immediate necessities, as a citizen of
this state, require prompt relief, as a reference to the documents accompanying the pe-
tition will more fully show ; they therefore recommend the following resolution :

Resolved, That the sum of one hundred, dollars be appropriated for the immediate and
partial relief of the aforesaid Elijah Swan.

Approved, 8th December, 1815.

IN THE HOUSE OF REPRESENTATIVES,

December 14th, 1815.

Resolved, That his excellency the Governor be requested to transmit to his excel- (No. 155.)
lency the .Governor of South Carolina, to be laid before the legislature of that state, a
certified copy of a bill, passed by the General Assembly of this state, " to be entitled
An act to appropriate monies for. the improvement of the navigation of Savannah and
Oconee rivers," as soon as the same shall receive the formalities of a law,
x\pproved, 16th December, 1815.

7 12

1 mi namiin^m

116 4 RESOLUTIONS. 1815.

In the House

of Represen- IN THE HOUSE OF REPRESENTATIVES,

November 25th, 1815.

tatives.

(No. 156.) The joint committee on finance, to whom was referred the petition of Adam Cope,
administrator, and Frances Gugel, administratrix of Christian Gugel, deceased, late
tax collector for Chatham county, for the year 1813, beg leave to Report, that from an
examination in the office of the comptroller general, they find that the said Christian
Gugel was charged with one-third of the fourfold tax assessed on defaulters, in the said
county of Chatham, for the year 4813 aforesaid ; that previous to the passage of the law
which authorized the aforesaid charge of one-third, the Inferior Court of Chatham coun-
ty remitted, as they were empowered to do, three-fourths of the said fourfold tax of a
number of the defaulters, and the said collector had collected the remaining one-fourth
from such defaulters ; consequently there was a loss to said collector, of the difference
between the one-third and one-fourth of the tax of certain defaulters, which difference,
according to a statement accompanying said petition, and examined 'by the comptroller
general, and found to be correct, amounts to two hundred and twenty-three dollars and
ninety-six cents ; they find also, that in consequence of the death of the aforesaid col-
lector, and the length of time necessarily taken up in procuring letters of administration
on his estate, that it was impossible for his administrators to close his accounts as col-
lector, by the time the law required ; consequently interest had accrued thereon, which
your committee think ought to be remitted ; they therefore beg leave to recommend
the following resolution: < „.

Resolved, That the sum of two hundred and twenty-three dollars and ninety-six cents
be allowed on a final settlement of the general and direct tax, to the administrators of
Christian Gugel, deceased, late tax collector for Chatham county for the year 1813, and
that the comptroller general be directed not to charge interest on the accounts of the
aforesaid collector, either for the general or direct tax.
Approved, 8th December, 1815.

IN THE HOUSE OF REPRESENTATIVES,

November 29th, 1815.

(No. 157.) Whereas, John Macpherson Berrien, Robert Walker, Young Gresham and Stephen
W. Harris, Esquires, judges of the Superior Courts of this state, did, on the 13th day
of January, 1815, assemble themselves together in the city of Augusta, pretending to
be in legal convention, and assuming to themselves, being so assembled, the power to
determine on the constitutionality of, and binding efficacy of laws passed by the General
Assembly of this state ; and being so assembled, did, on the aforesaid day and year, de-

RESOLUTIONS. 1815. 1^55

clare and publish certain acts of the legislature, in their decision named, to be unconsti- In the House

• of Represen-

tutional and void : And whereas, the power of said judges so to convene is absolutely tatives. ,

denied by this legislature, and the more extraordinary power of determining upon the

constitutionality of acts of the state legislature, if yielded by the General Assembly,

whilst it is not given by the constitution or Taws of the state, would be an abandonment

of the dearest rights and liberties of the people, which we, their representatives, are

bound to guard and protect inviolate :

Be it therefore resolved, That the members of this General Assembly view, with deep
concern and regret, the aforesaid conduct of the said judges, in so illegally assembling
themselves together, at the time and place aforesaid, as well as other extrajudicial pro-
ceedings, particularly by Stephen W. Harris, judge of the Oakmulgee circuit, for#issu-
ing a mandamus, in the county of Putnam, against a justice of the peace, in order to
coerce the said justice into measures so contrary to the fifth section of the third article
of the constitution, creating justices' courts ; and they cannot refrain from an expression
of their entire disapprobation of the power assumed by them, of determining upon the
constitutionality of laws regularly passed by the General Assembly, as prescribed by
the constitution of this state : we do, therefore, most solemnly declare and protest against
the aforesaid assumption of powers, as exercised by the said judges ; and we do, with
heartfelt sensibility, deprecate the serious and distressing consequences which followed
such decision ; yet we forbear to^look with severity on the past, in consequence of judi-
cial precedents, calculated in some measure to extenuate the conduct of the judges ; and
hope that, for the future, this explicit expression of public opinion will be obeyed.
Approved, 9th. December, 1815.

IN THE HOUSE OF REPRESENTATIVES,

December 15th, 1815.

Resolved, That his excellency the Governor be, and he is hereby authorized, to sub- (No. 158.)

scribe, for and on behalf of the state, for the number of shares reserved by the bill
passed at the present session, establishing a state bank. And in as much as there is no
appropriation of money to meet the subscription, his excellency is requested to take the
best measures to meet the wishes of the legislature, and carry into effect the contract on
the part of the state, and the objects of the bill ; and in case such measures cannot be
taken, he is hereby requested to subscribe, at so late a period that the next legislature
may have an opportunity of making the necessary appropriation, so as to avoid anv dif-
ficulty that might otherwise arise.

-
Approved, 16th December, 1815.

in i iir +m

1166

RESOLUTIONS. 1815.

In the House
of Represen-
tatives.

IN THE HOUSE OF REPRESENTATIVES,
December 16th, 1815.

(No. 159.) Resolved, That his excellency the Governor be, and he is authorized to appoint
some fit and proper person, to attend to the division of the squares of land returned to
the state and informers, in consequence of fraudulent draws, with power to act in such
manner as his excellency may think proper for the benefit of the state. .

Approved, 16th December, 1815.

IN THE HOUSE OF REPRESENTATIVES,

December 16th, 1815.

(No. 160.) Whereas, it is proposed to establish a state bank, and an act is now in progression
for that purpose, and hopes are entertained by the legislature that the same will go into
operation previous to the next session : And whereas, it is an object of primary import-
ance that the bills which may be issued by the said bank be in high credit, and have as
extensive a circulation as possible :

Be it therefore resolved by the General Assembly, That the tax collectors, sheriffs, and
♦*^ #

all public officers of this state, are hereby authorized to receive the notes which may be

issued by the Bank of the State of Georgia, in payment of taxes, and all debts or other
demands due the state.

Approved, 16th December, 1815.

RESOLUTIONS. 1816. 1167

RESOLUTIONS,

WHICH ORIGINATED IN SENATE IN 18 IS.

IN SENATE, 4th December, 1816.

The committee to whom was referred the petition of Edward Pate, respectfully Re-< In Senate,
port, that they have examined the subject matter of said petition, together with the (No. 161.*
accompanying documents, and are induced to believe that the name of the petitioner was
improperly returned by his guardian, for a draw in the first land lottery, in th^at the pe-
titioner was not returned as an orphan, in which character he really stood.

The grant, of course, issued to him in his individual right, and this circumstance pro-
bably led to the recovery against him.

The fact, however, that this omission was committed by the guardian, is not proven
so satisfactorily as would, in the opinion of the committee, justify the granting of the
prayer of the petitioner.

• v'4L -

To afford an opportunity for the obtainment of further proof, and to prevent, in the
mean time, a sale by the state, the committee recommend the adoption of the following
resolution : ■ *

*
Resolved, That the sale of one-half of lot No. 318, in the 4th district of Baldwin,
now Morgan county, which belongs to the state, be suspended until tHe end o^the next
legislature. <■

Approved, 19th December, 1816.

IN SENATE, 6th December, 1816.

The committee on the state of the Republic, to whom was referred the Governor's (No. 162.)
communication to the General Assembly, upon the subject of the Oconee navigation,

#
Report, That they have examined the minutes of the Oconee Association, and the » •

account of the expenditures and receipts of the last year. The committee deem it ad-

•

jg,v

,j^_^

*
%

1168 RESOLUTIONS. 1816.

In Senate, visable to recommend the appropriation of a sum sufficient to pay the instalments upon
the shares in the state bank, purchased by the Oconee Association ; Provided, the same,
are made inalienable by the said company, and placed at the disposition of the General
Assembly whenever it may be deemed necessary to resume the same, and to convert it to
the improvement of the navigation of other rivers ; and that the additional sum of six
hundred dollars be appropriated to the said Oconee Association, for the purchase of a
negro man, to replace the one unfortunately drowned.
Approved, 19th December, 1816.

IN SENATE, 9th December, 1816.

(No. 163.) Resolved by the Senate and House of Representatives of the state of Georgia, in General
Assembly met, That his excellency the Governor be, and he is hereby requested to urge
. the executive government of the United States, to take the necessary measures for caus-
ing the boundary line between the United States and the Spanish dominions, adjacent to
Georgia, to be ascertained and marked.

Approved, 19th December, 1816.

IN SENATE, 11th December, 1816.

(No. 164.) Resolved, That the sum of ten dollars and 2 h cents be, and the same is hereby ap-
propriated to Wilson Williams, it being a sum by him overpaid the state, through a
mistake in the receiver of tax returns for Wilkinson county.
U Approved, 19th December, 1816.

IN SENATE, 13th December, 1816.

(No. 165.) Resolved, That his excellency the Governor be, and he is hereby authorized and
requested, to transmit to the President of the United States, the memorial and remon-
strance of the present legislature on the subject of the treaty made by general Jackson
with the Creek Indians, together with his views and opinion on that subject ; and that
he also transmit a copy thereof to each of our senators and representatives in Congress,
with Instructions to our senators, and a request to our representatives, to use their influ-
ence with the general government, to obtain, at as early a period as possible, an exten-
sion of settlement, by extinguishment of the Indian title to lands on either of our
frontiers ; and that the application be presented with energy, but with respect, and not
discontinued until the just and equitable demands of the state are attended to.

Approved, 19th December, 1816. «

*».

RESOLUTIONS. 1816. L i6v

In Senate,
IN SENATE, 16th December, 1816.

Resolved, That the sheriff of Effingham county be, and he is hereby authorized and (No. 166.)
required, to sell a tract of land in said county, containing, by estimation, three thousand
acres, which was confiscated as the property of Thomas Skinner ; the sale to be on the
day prescribed by law for sheriffs' sales, after giving thirty days notice, in some one of
the gazettes of this state, and to the highest bidder, and paid in three annual instal-
ments, and be well secured by bond and personal security, each instalment in ten notes
of equal sums ; and be equally divided among the commissioners of the academies of
the several counties of Elbert, Jackson, Morgan, Jasper, Putnam, Laurens, Montgomery,
Scriven, Bulloch, and Clark ; and that the commissioners do appoint an agent to attend
said sale, and see that said land does not sell for less than its worth, or bid off the same
for the use of the academies of said counties ; and that the commissioners of confis-
cated property do make tides to the purchaser or purchasers.
Approved, 19th December, 1816.

To his Excellency the President of the United States.

I
The memorial and remonstrance of the senate and house of representatives of the

state of Georgia, in General Assembly met: C^°,' 167.)

#
Your memorialists beg leave to address his excellency the President of the United

States, and to lay before him their views on a subject highly interesting to the people

of this state, and entitled to the serious attention of the national government. This

subject, to which your memorialists respectfully solicit the attention of your excellency,

is the stipulation in the articles of agreement and cession, entered into on the 24th of

April, 1802, between the commissioners of Georgia, and commissioners of the United

States, in which the United States have pledged themselves to extinguish the Indian

title to all lands within the limits of Georgia.

The citizens of Georgia, satisfied with this stipulation of the compact, and reposing
great confidence in the disposition of the general government to fulfil every engage- «*

ment of the United States, and particularly this, flattered themselves with the hope,
that the treaty of general Jackson would have obtained a further cession of territoiy,
and established a line with a much greater respect for the interest of Georgia, than that
treaty has evinced. | f

7 JV a. I

* ♦

1170 RESOLUTIONS. .1816.

In Senate. N0 crisis ever presented such prospects of an advantageous extinguishment of In-

dian title, as the period of the treaty referred to. A severe chastisement had been in-
flicted on the Creeks ; their power was broken — their arrogance subdued ; and it only
became necessary, under these circumstances, to have demanded and obtained an acces-
sion to such terms as the United States, looking to their compact with Georgia, might
have thought proper to have dictated. These circumstances were not permitted, how-
ever, to have their appropriate weight of influence, and therefore the citizens of Georgia
have found themselves mortified and disappointed in all the expectations they had
formed of the results of this treaty. In adverting to the boundaries of the treaty, it
will be readily perceived, that the two great objects, which should always have been in
view, an extension of settlement and security of frontier, have been greatly, if not to-
tally, neglected.

Your memorialists, referring to the most approved maps of the Creek nation, think
these facts clearly established : That the course from the Chatahoochie, running due
east, " to a point which shall intersect the line now dividing the lands claimed by the
Creek nation, from those claimed by the state of Georgia," will throw the rivers Oc-
mulgee and Altamaha on the left, and will strike the Georgia line a short distance, or
not far below the fort formerly called " Fort-James," and, consequently, leave the In-'
dian title unextinguished to the narrow, but important slip of land, for the whole dis-
tance along and between the line and the river Ocmulgee.

Now, it appears to your memorialists, and after proper consideration your excellency
must be convinced, that Georgia has derived little or no advantage from the establish-
ment of this line ; for, leaving out of view the steril and unprofitable territory acquired,
it can scarcely be expected, that our citizens-, or emigrants from any section of the
United States, would occupy a territory, having on one side the Spanish line, and the
Indians between them and the settlements in Georgia. Such would be their situation,
according to the line established in the treaty of general Jackson.

■ ,

Your memorialists beg leave further to represent, as a just ground of complaint, that
according to the treaty concluded by general Jackson, all the territory left for the use of
the Creek nation of Indians, lies either within the limits of Georgia, or stretches along
its western boundary. The consequence of this state of things must be obvious.

The government of the United States will now find it extremely difficult to obtain a
further extinguishment of Indian title, in the very quarter where, by positive compact,
they were most bound to obtain it, and have, by their own act, rendered a compliance
with their solemn engagement to Georgia, distant and precarious,

RESOLUTIONS. 1816. 117I

Your memorialists, believing that in this treaty the interests of Georgia have been in Senate.
abandoned, or at least overlooked, and that she can now, or at any other period, right-
fully claim of the United States a more satisfactory compliance with the stipulation of
their compact, do, for and in behalf of the citizens of Georgia, protest and remonstrate
against said treaty, so far as it relates to extinguishment of Indian title within the limits
of said state ; and do further, for and in behalf of the citizens of said state, request that
measures maybe taken, as speedily as circumstances will permit, to procure an additional
cession of territory, and extinguishment of Indian title, conformably to the stipulation
contained in the said articles of agreement and cession, entered into between the com*
missioners of Georgia, and of the United States. •
Approved, 19th December, 1816.

L IN SENATE, 16th December, 1816.

RESOLVE, That Docter Samuel Boykin, Doctor Tomlinson Fort, Thomas H. Kenan, (No. 168
John Howard, Zachariah Lamar, George Rootes Clayton, Edmund Booker Jenkins,
Abner Hammond, and Miles Greene be, and they are hereby appointed, a board of in-
spectors for the penitentiary, and its appertenances.

Approved, 19th December, 1816. ^ . .

IN SENATE, 16th December, 1816.

Resolved by the Senate and House of Representatives of the state of Georgia, in (No. 169, }
General Assembly met, That the senators in Congress be instructed, and our represen-
tatives requested, to use their endeavours with the general government, to have the
port of Darien, in this state, established as a port of entry.

And be it further resolved, That his expellencv the Governor be, and he is her«eby
requested, to transmit gopies of this resolution to our said senators and representatives.
Approved, 19th December, 1816*

IN SENATE, 17th December, 1816,

Resolved, That the sum of ninety-two dollars be, and the same is hereby appro- (No. 170.)
priated to defray the expense of the interment of the honourable George G. Nowlan, a
member of senate, from the county of Effingham ; and that his excellency the Governor
be requested to pay the same out of the contingent fund-
Approved, 19th December, 1816,

7 K 2

fel§-.

RESOLUTIONS. 1816.

In Senate.
-r " IN SENATE, 23d November, 1816.

No. 171.) The joint committee on finance, to whom was referred the petition and accompany-
ing documents of Jeremiah Sparks, tax collector of Morgan county, beg leave to sub-
mit the following Report : That they have taken the same into consideration, and are of
opinion, that his case is such a one as requires legislate interference, and therefore re-
commend the following resolution :

Resolved, That his excellency the Governor, be, and he is hereby authorized and re-
quired to stay all proceedings against the said Jeremiah Sparks, tax collector of Morgan
county for the year 1815, so far as relates to the balance of tax due the state for said
year, upon his, the said Sparks, giving bond with two good securities, for the said ba-
lance, to be approved by the Inferior Court of said county, or a majority of them, pay-
able at the expiration of two years, not bearing interest till due, and that the comptrol-
ler be directed not to charge him interest until the expiration of two years.
Approved, 12th December,- 1816.

IN SENATE, 26th November, 1816.

(No. 172.) The select committee to whom was referred the petition of Lemuel Vickers, are of
opinion that the prayer of the petitioner is reasonable, and ought to be granted ; there-
fore respectfully submit the following resolution :

Resolved^ That the commissioners of the town of Milledgeville be, and they are
hereby authorized to lease, free of rent, twenty acres of cleared lands on the common of
said town, for the term of two years, to Lemuel Vickers. The land, at the expiration of
■said term, to be left with a good enclosure or lawful fence.
Approved, 12th December, 1816.

IN SENATE, 27th November, 1816.

(No. 173.) Resolved, That Seaton and Fleming Grantland have the public printing the laws
and journals of this state, for the year 1816, at the same price and on the same condi-
tions as for the preceding year.

Approved, 12th December, 1816,

RESOLUTIONS. 1816.

ri73

In Senate.

IN SENATE, 29th N&vember, 1816.

Resolved, That the adjutant general of this state be, and he is hereby required, to (No. 174.)
consolidate and abbreviate the several militia laws of this state, with such amendments
and additions thereto, as he may deem useful, and to report the same to the next legis-
lature.

Approved, 12th December, 1816.

Ifc

H74 RESOLUTIONS. 1816.

RESOLUTIONS,

WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES IN 1816,

IN THE HOUSE OF REPRESENTATIVES,

14th November, 1816.

In the House Whereas, it is represented, that a canal or passage maybe made from the Great
ofRepresen- ...

tatives. Ogechee to the Little Ogechee river, at an expense small, when compared with the be-

f No 1 75 } nefits which would result therefrom to the citizens of Georgia, residing upon the Great

Ogechee river, in facilitating and rendering more safe, the carriage of their produce

down the said river, to the city of Savannah :

Be it therefore resolved. That Sherod McCall, Benjamin Burton and Anderson Bird,
Esqrs. be, and they are hereby appointed commissioners to examine the premises, and to
report thereon to the next General Assembly, as to the usefulness and expense of such
a work, if it should, in their opinion, be practicable.
Approved, 2d December, 1816.

IN THE HOUSE OF REPRESENTATIVES,

20th November, 1816.

(No. 176 *) Resolved by the Senate and House of Representatives of the state of Georgia, in General
Assembly met, and by the authority of the same, That the justices of the Inferior Courts
of the several counties in this state be authorized and required to ascertain, in their re-
spective counties, the number and circumstances of the families, of those unfortunate
men, whose lives were sacrificed in the defence of the United States, during the late
war with Great Britain and the Indian tribes, and report to the next General Assembly,
for their consideration.

Approved, 2d December, 1816,

■ *■ >t

RESOLUTIONS. 1816. 1175

In the House
of RGDrcscn*
IN THE HOUSE OF REPRESENTATIVES, tatives.

2d December, 1816.

The joint committee to whom was referred the petition of a large number of the ci- (No. 177.)
tizens of Jackson county, relative to the removal of the site of the public buildings of
said county, Report :

That from the respectability and number of the petitioners, they are of opinion, that
the subject deserves serious consideration ; but from the flattering prospect of our
early acquisition of adjoining territory, in which event, they are induced to believe, the
citizens in the exterior of said county may be better accommodated by adding them to
new counties, than by moving the site of the public buildings of said county : they
therefore recommend, as a temporary relief of said petitioners, that the county be di-
vided into election districts, and recommend the following resolution to be adopted :

Resolved, That William Penticost, James Wardlaw, Esq. colonel John Pittman and
major Hugh Dickson, with Joseph T. Cunningham, the county surveyor, proceed to
ascertain, in the nlost frugal and accurate manner, the centre of said county, the dis-
tance from Jefferson, and the situation of such centre, and to report to the Inferior
Court of said county before the sitting of the next legislature.
Approved, 13th December, 1816,

IN THE HOUSE OF REPRESENTATIVES,
2d December, 1816. ♦

Resolved, That his excellency the Governor be, and he is hereby authorized, to de- (No. 178.)
signate such room or rooms in the state-house, as he may think proper, for transact-
ing the business of the Branch Bank of Milledgeville ; and that the directors of said
Branch Bank be allowed to fit up, at the expense of the institution, such room or rooms,
so as to render them safe and convenient for banking purposes : except the rooms as-
signed for the senate or representatives, or the executive, or the treasury, secretary of
state's, surveyor general's, or comptroller general's office.
Approved, 18th December, 1816,

1X76 RESOLUTIONS. 1816.

In the House

of Represen- IN THE HOUSE OP REPRESENTATIVES,

tcltlVCS

'. =. 14th December, 1816.

(No, 179.) The joint committee, appointed on the part of this house, to join such committee as
might be appointed on the part of the senate, to ascertain what mode would be most
beneficial to dispose of the tract of country lately acquired by the United States com-
missioners from the Creek Indians, with power to report by bill or otherwise, Report

as follows :

Resolved, That it is the opinion of this committee, after mature deliberation, that it
would be premature at this time, to dispose of the tract of country which is said to have
been lately acquired from the Creek Indians by the United States commissioners, inas-
much as this committee have nothing before them evidencing the ratification of the ces-
sion of the tract of country alluded to, and also inasmuch, particularly as the boundary
line between the United States and Spain, bordering on East Florida, has not been run
and marked by the authority of the United States ; and furthermore, the committee,
cherishing the hope that the generalgovernment will shortly procure for this state more
lands adjacent to the tract of country, now the subject upon which tjjis report is found-
ed : they, therefore, for these and divers other considerations, beg leave to report, as
their opinion, that to legislate upon this subject at the present, would be inexpedient,
Approved, 19th December, 1816.

IN THE HOUSE OF REPRESENTATIVES,

14th December, 1816jfc
•
(No. 180.) Resolved, That his excellency the Governor be authorized to settle with T. U. P.
Charlton and Charles Harris, Esquires, for their services in compiling a penal code, out
of the contingent fund of the year eighteen hundred and seventeen, if the same has not
been done already.

Approved, 19th December, 1816.

IN THE HOUSE OF REPRESENTATIVES,

17th December, 1816.

(No. 181.) Resolved, That Benjamin Williams, Thomas Williams and Seaton Grantland, Es-
quires, be appointed a committee to join such as may be appointed on the part of senate,
to see the great seal of the state affixed to such laws as may remain in the executive
department at the end of the present session, and to see the journals of the two houses

RESOLUTIONS. 1816. IJ77

brought up to the end of the session ; and that they be allowed three days after the ris- In the House
6 r J J of Represen-

ing of the General Assembly, for this purpose ; and that the sum of three dollars be tatives.

allowed them each per day j also the sum of four dollars each per day to the secretary

of the senate and clerk of the house of representatives, and the sum of four dollars to

the engrossing clerk of the house of representatives and engrossing clerk of the senate,

for three days after the adjournment of the legislature.

Approved, 19th December, 1816.

IN THE HOUSE OF REPRESENTATIVES,

17th December, 1816.

Whereas, it appears by a presentment of the grand jury of Camden county, that (No. 182.
Stephen W. Moore, of said county, was improperly double taxed for the year eighteen
hundred and fifteen ; wherefore, be it

Resolved, That the tax collector of Camden county, for the year eighteen hundred and
fifteen, be, and he is hereby authorized and required, to remit so much of said double
tax to said Stephen W. Moore, as will reduce it to his usual or single tax ; and that the
comptroller general be authorized to settle with said tax collector accordingly.
Approved, 19th December, 1816.

IN THE HOUSE OF REPRESENTATIVES,

18th December, 1816.

Resolved, That the executive be, and he is hereby authorized and requested, to pay (No. 183.)
James Rousseau the sum of thirty-two dollars, out of the contingent fund, as a com-
pensation for enrolling the penal code.

Approved, 19th December, 1816.

IN THE HOUSE OF REPRESENTATIVES,

18th December, 1816.

The committee to whom was referred the petition of James Lane, have had the same (No. 184.)
under consideration, and are of opinion, that the petition is reasonable, and ought to be
granted ; therefore offer the following resolution :

7 L

1178 RESOLUTIONS. 1816.

in the House £e it therefore resolved, That the said James Lane be further indulged one year, from
of Represen- ,

tatives. the first day of May next, for the payment of his fractional purchases : Provided never-
theless, the said Lane do pay the one-half of the purchase money, and give good and
sufficient security for the payment of the balance.
Approved, 19th December, 1816,

RESOLUTIONS. 1817. H79

RESOLUTIONS,

WHICH ORIGINATED IN SENATE IN 1817.

IN SENATE, 10th November, 1817.
Resolved, That the Governor be authorized to transmit to the executive of each in Senate,

state and territory in the United States, a copy of the laws of this state heretofore (j^o. 185.)
passed, where it has not heretofore been done, and a copy of the laws of each session
of the legislature which may hereafter be passed.
Approved, 18th December, 1817.

IN SENATE, 10th November, 1817.

Whereas, it is represented that there is a certain portion of the militia of the state (No. 186.)
of Georgia, who were called into the service of the United States in the late war, and
also many of those who furnished waggons and teams, who have not received a large
portion of the wages due them for services as soldiers and for waggoning, which yet
remains unpaid :

Therefore be it resolved by the Senate and House of Representatives of the state of
Georgia, in General Assembly met, and by the authority of the same, That his excellency
the Governor be, and he is hereby authorized and required to call on the secretary at
war, to ascertain whether or not there has been appropriation for the payment of said
officers, soldiers and waggonage ; and whether the proper officers of the heads of depart-
ments of the United States have received the monies, and if received, to cause an exa-
mination to take place, to know where the stoppage of payment is, and to cause the said
troops and furnishers of waggons, teams, &c. to be paid, and such other steps as he
may deem necessary, so as to secure speedy payment of the aforesaid sums of money.

7 L 2

1180 RESOLUTIONS. 1817.

In Senate. j[nd be it further resolved, That his excellency the Governor be requested to forward

a copy of this resolution to the secretary of war, without delay.
Approved, 18th December, 1817.

IN SENATE, 27th November, 1817.
(No. 187.) The committee on the state of the Republic, to whom was referred the Governor's
communication relative to the public arms, Report, that they have taken the same into
consideration, and recommend the following resolution :

Resolved, That his excellency the Governor be, and he is hereby authorized, to cause
to be built, on any part of the public square which he may deem proper, a house of suf-
ficient size to hold the public arms, and that he cause them to be removed to, and depo-
sited there ; and that he is hereby requested to pursue such measures as he may deem
best calculated to collect the public arms, in the different parts of the state.
Approved, 10th December, 1817.

IN SENATE, 5th December, 1817.

(No. 188.) Resolved, That his excellency the Governor be authorized and requested to have
the roof of the state-house repaired, and that he pay for the same out of the contingent
fund.

Approved, 20th December, 1817. •

IN SENATE, 5th December, 1817.

(No. 189.) Be it resolved, That the commissioners of the town of Milledgeville be, and they are
hereby authorized, to lease, to Precilla Gray, for the term of six years, six acres of land
lying between Wayne street and Fishing creek, on the common of the above town, in-
cluding the cleared ground of the same, for her own proper use.
Approved, 20th December, 1817.

RESOLUTIONS. 1817. 1181

In Senate,
IN SENATE, 10th November, 1817.

The joint committee to whom was assigned the duty of contracting for the printing (No. 190.)
the laws and journals of the present session,

Report, That they have discharged that duty, and contracted for the printing of the
same with Messrs. S. & F. Grantland, on the same terms made with them the last year ;
and that they do agree to print and deliver the laws by the first of February next, and
the journals by the first of March next.

Approved, 26th November, 1817.

IN SENATE, 6th December, 1817.

The joint committee appointed to inquire into the practicability and expediency of (No. 191.)
disposing of the territory lately acquired from the Creek and Cherokee Indians, and to
whom was referred the communication of his excellency the Governor, and the accom-
panying documents, on the subject of Indian and Spanish boundaries, Report — That it
is not expedient at the present session of the legislature to make any disposition of said
territory, for the following reasons, to wit :

* 1st. The lines between the land acquired by general Jackson of the Creek Indians
and East Florida, have not been ascertained and defined.

2dly. Your committee understand that a further acquisition is about to be obtained
of the Creek Indians, agreeably to a. memorial and remonstrance of the last legislature.

3dly. The lines of the territory lately acquired of the Cherokee Indians are not ascer-
tained and run, nor has the treaty last alluded to been ratified. Your committee are
aware, however, of the propriety of disposing of the land and settling the territory in
question as soon as practicable ; they therefore recommend the following resolution :

Resolved, That his excellency the Governor be requested, on receiving information
of the ratification of the treaties for the different territories lately ceded by the Creek
and Cherokee Indians, or either of them, and of the time when either of the lines be-
tween the lands lately acquired of the Creek Indians and East Florida, or the lands
lately acquired of the Cherokee Indians and the Creek or Cherokee Indians, to appoint
fit and proper persons, not exceeding three, to attend to running of said lines, and to
ascertain the true head of the Saint Mary's, on behalf of the state of Georgia, and see •

that the said several lines are run agreeably to the true intent and meaning of said trea-

1182 RESOLUTIONS. 1817.

In Senate.

ties ; and that his excellency the Governor be, and he is hereby authorized and re-
quired, to have run off (as soon as may be practicable) the whole of said territory into
districts of twelve miles square, or as nearly so as the situation of the country will ad-
mit of, or that he take such other measures as in his judgment will best promote the in-
terest of the state, and the earliest disposition and settlement of said territory.
Approved, 20th December, 1817.

IN SENATE, 6th December, 1817.

(No. 192.) The committee to whom was referred the petition of the commissioners of the War-
ren county academy, Report, that it appears from documents submitted to their inspec-
tion, that by a deed made by N. Long and Philip Clayton, commissioners of confiscated
property, bearing date the 15th November, 1794, to Samuel Alexander and others, com-
missioners of the Warren county academy, that they purchased a tract of land contain-
ing eight hundred acres, in Saint George's parish, Burke county, confiscated as the pro-
perty of Samuel Farley, a person named in the act of confiscation and banishment ; that
the said tract of land so confiscated cannot be identified, and the tract of land supposed
to be the one sold was granted to Charles Watson, whose executor the said Samuel Far-
ley was, and there is no evidence can be found that Watson ever conveyed it to Farley.
Your committee, for these reasons, are induced to recommend the adoption of the fol-
lowing resolution :

Resolved by the Senate and House of Representatives of the state of Georgia, in General
Assembly met, That the commissioners of the Warren county academy be, and they are
hereby authorized, to purchase the full amount of their thousand pounds, as allowed by
law, at any future sale of confiscated property : Provided, said commissioners shall re-
linquish, in legal form, (and by delivery) the deed made by N. Long and Philip Clay-
ton, commissioners of confiscated property, to Samuel Alexander and others, commis-
sioners of the Warren county academy,, for eight hundred acres of land in Saint George's
parish, (Burke county) sold as the property of Samuel Farley.

Be it further resolved, That the commissioners of academies, in the several counties
in this state, who have not received the sum of one thousand pounds, out of the sales
of confiscated property, for the use and benefit of their several academies, on their or
any of them finding any land or lands, subject to be sold under the act of confiscation
and banishment, to make return of the same to the sheriff of the county in which such
land lies, and whose duty it shall be, to advertise as is customary for sheriffs' sales, and
• sell the same at public outcry, at the court-house of said county, to the highest bidder,

payable in three annual instalments : and the proceeds of such sale shall go to the use

RESOLUTIONS. 1817. 1133

of the academies of the county to which such commissioner or commissioners belong, In Senate.
until such county or counties shall have received the full sum of which, together with
what they may have previously received, will amount to one thousand pounds, and the
balance, after paying all costs, to be equally divided amongst the other counties in this
state, who may not have received the said sum for their several academies ; and the
commissioners of confiscated property be, and they are hereby authorized and required
to make titles to all and any lands thus sold, to the purchasers or their order, or to the
order of the sheriff.

Approved, 20th December, 1817.

IN SENATE, 11th December, 1817.

The committee on the state of the Republic, to whom was referred the communica- (No. 193.)
tion of his excellency the Governor, relative to the disposition to be made of the sword
intended to have been presented to the late lieutenant colonel Daniel Appling, of the
United States' army, Report — That whereas, a former legislature, influenced by the dis-
tinguished bravery and gallant conduct of the late lieutenant colonel Daniel Appling,
did authorize and direct the executive department to procure and present to that me-
ritorious officer, a sword suited to his grade, as a grateful expression of the public ap-
probation of his native state : but as the worthy object of her applause was removed by
death before this laudable design could be carried into execution ; and inasmuch as there
remains no male heir, either to the fortune or honours of this deserving young soldier,
into whose hands the state could commit this sacred pledge of its affection and respect j
it is

Resolved, That the state will assume to itself the guardianship of the fame and mili-
tary reputation of her distinguished son, the late lieutenant colonel Daniel Appling, and
that the sword intended by her, as the just reward of his military achievements, be de-
posited in the executive chamber, there to be preserved and exhibited as a lasting mo-
nument of his fame, and a grateful proof of the sensibility with which Georgia cherishes
the recollection of the patriotic services of her citizens.
I Approved, 20th December, 1817.

IN SENATE, 11th December, 1817.

Resol.ved, That his excellency the Governor be, and he is hereby requested to direct (No. 194.)
the proper officers to collect, without further delay, all monies that are now due to the
state on aceount of fractional sales or town lots in Milledgeville.

X134 RESOLUTIONS. 1817.

In Senate. Resolved, That it shall be the duty of the several clerks of this state, in whose offices

said executions may be at this time, forthwith to deliver said executions to the sheriff
of the county; and it shall be the duty of the said sheriffs respectively, to proceed imme-
diately to the collection of said executions, notwithstanding the property of the defend-
ant may not be pointed out to him by the solicitor general in behalf of the state.
Approved, 20th December, 1817.

IN SENATE, 11th December, 1817.

(No. 195.) Resolved, That the report directing the disposition of the sword intended for lieu-
tenant colonel Daniel Appling, be placed in a suitable frame, and be hung up with the
sword in the executive chamber.

Approved, 20th December, 1817.

IN SENATE, 13th December, 1817.

(No. 196.) Resolved, That his excellency the Governor be, and he is hereby requested to trans-
mit to our senators and representatives in Congress, a copy of an act passed at the pre-
sent session of the legislature, to establish the fees of the harbour master and health
officer for the port of Darien, with a request that they would endeavour to get an act of
Congress passed to carry the same act into effect.
Approved, 20th December, 1817.

IN SENATE, 16th December, 1817.

(No. 197.) Resolved, That his excellency the Governor be, and he is hereby authorized and
requested to have blinds put to the windows in the senate and representative chambers,
similar to those in the executive chamber.

Approved, 20th December, 1817.

IN SENATE, 16th December, 1817.

No. 198.) Whereas, the legislature of the state of Tennessee have, by an act passed the 10th
of November last, authorized and empowered the Governor of that state to appoint a
mathematician and commissioner, to meet such persons as may be appointed by and on
the behalf of Georgia, to ascertain, run, and cause to be marked, the boundary line be-

lli

RESOLUTIONS. 1817. ' H85

tween the aforesaid states : And whereas, the correct ascertainment and lawful establish- In Senate.
ment of such line will greatly tend to the promotion of harmony between the states of
Tennessee and Georgia, by the prevention of such disputes as may arise from the set-
tlement of individuals on or near the aforesaid line, under the authority of either of
them :

It is therefore resolved, That his excellency the Governor be, and he is hereby fully
authorized and empowered to appoint a mathematician, commissioner and surveyor to
act for and on behalf of this state ; and which mathematician and commissioner shall
have authority, under the directions of the Governor, to proceed, in conjunction with
the mathematician and commissioner appointed by the state of Tennessee, to ascertain,
run, and cause to be marked, plainly and distinctly, the boundary line between the two
states. And whenever the said mathematician and commissioner are ready to proceed
to the execution of the trust hereby reposed in them, it shall and may be lawful for them
to select and employ as many chain-carriers and markers as may be necessary to be em-
ployed on the part of this state ; and that it shall be the duty of the said mathematician
and commissioner, whenever they shall have ascertained, run, and caused to be plainly
marked, the aforesaid boundary line, to make a faithful report of their proceedings to his
excellency the Governor, together with the number of days and persons engaged in this
business. ,

And it is further resolved, That the mathematician, commissioner and surveyor, ap-
pointed under the authority of this state, shall each receive the sum of five dollars for
each day he shall have been engaged in discharge of his duties herein before assigned
him, and a like sum for every twenty-five miles in going to the point of beginning, and
in returning from the point of termination ; and that the chain-carriers and markers em-
ployed for this service, shall each, for every day employed on the line, and for every
day taken up in travelling to and from such line, be entitled to and receive the sum of
one dollar and fifty cents ; and that his excellency the Governor be, and he is hereby
authorized, to draw upon the contingent fund, for any sum that may be found necessary
to. defray the expenses of this service.

Approved, 20th December, 1817.

' • IN SENATE, 16th December, 1817.

Resolved, That Messrs. Holt, Mathews and Hatcher, be a committee to see the (No. 199/)
unfinished business of the senate completed, and that they be allowed three days after
the adjournment of the legislature to do the same.
Approved, 20th December, 1817.

7 M ♦

11g6 RESOLUTIONS. 1817.

In Senate.
IN SENATE, 17th December, 1817.

(No. 200.) Resolved, That his excellency the Governor be requested to pay, put of the contin-
gent fund, to the commissioners of the penitentiary edifice, at and after the rate of one
hundred dollars each year, for the services they have rendered in superintending the
same.

Approved, 20th December, 1817.

IN SENATE, 18th December, 1817.

(No. 201.) Resolved, That John Bolton, Walter Leigh and Reuben Wilkinson be, and they-
are hereby appointed commissioners for the improvement of the navigation of the Sa-
vannah river, from Augusta down,, and they are hereby authorized to receive all money
appropriated by the legislature for that purpose. •

• Approved, 20th December, 1817. . A

IN SENATE, 18th December, 1817.

(No. 202.) Resolved, That the secretary of senate be allowed to employ an extra clerk to enrol-
bills and resolutions that are and may pass during the remainder of the session, and
that he allow a reasonable compensation, to be paid out of the contingent fund.
Approved, 20th December, 1817.

IN SENATE, 18th December, 1817.

iNo. 203.) Resolved, That his excellency the Governor be, and he is hereby requested, so soon
as he may deem it expedient, to transmit to the executive of the state of South Carolina,
a copy of a bill appropriating money for the internal navigation of this state.
Approved, 20th December, 1817.

IN SENATE, 19th December, 1817.

'No. 204.) Resolved, That his excellency the Governor be requested to cause to be immedi-
ately compiled, digested, and printed in pamphlet form, the several patrol laws of this

—*...*. .

RESOLUTIONS. 1817. 1187

state, now in force ; a«d that he be further requested to forward them to each of the In Senate.
counties in this state, with the laws and journals, in order to have them distributed
among the several captains commanding companies of militia in this state ; and that he
pay the same out of the contingent fund.

Approved, 20th December, 1817.

K M 2

}138 RESOLUTIONS. 1817.

RESOLUTIONS.

WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES IN 1317.

IN THE HOUSE OF REPRESENTATIVES,

15th November, 1817.'

In the House The committee appointed to ascertain whether it^vould be advisable for the state to
ofRepresen- i • i r i t» i r a • ~

tatives. take such part of the increased capital ot the Bank ol Augusta, as is reserved to her,

T^Z ZZZ s according to the act of incorporation, have had the same under consideration, and

Report, That in their opinion, it would be sound policy for the state to take the part
reserved to her ; they therefore beg leave to submit the following resolution :

Resolved, That his excellency the Governor be, and he is hereby authorized and
requested to subscribe, for and in the name of this state, for such part of the increased
capital of the Bank of Augusta, as is reserved to her in the act of incorporation.
Approved, 19th December, 1817.

IN THE HOUSE OF REPRESENTATIVES,

17th November, 1817.

No. 206.) Whereas, by the tax acts, it was required of the owners of land in this state, who
resided out of the same, to return by their agent such land in the counties where the
land lay, and which requisition has not been complied with by many agents, through
inadvertence, or ignorance of such acts, but the land of absentees has, in many cases,
been returned, in the county where the agent resided, and the tax for the same paid in
such county : *

And whereas, the inconvenience and confusion arising from the said acts, Were made
evident to the legislature at their last session, and a law was then passed, making it
" lawful for any agent to return any property to the receiver of tax returns, and pay the
taxes due thereon to the tax collector of the county in which such agent resides':"

RESOLUTIONS. 1317. 1189

Be it therefore resolved by the Senate and House of Representatives of the state of Geor- In the House

ofRepresen-
gia, in General Assembly met, That lands heretofore returned in the county where the tatives.

agent of the absent owner resides, and on which land the taxes have been justly

and bona fide paid to the tax collector, such payment shall be a discharge of such taxes,

though not paid in the county where the land lies : Provided, that such defaulters do

pay all necessary expenses which may have accrued for assessing and advertising such

land, and all commissions due for the collection of the same ; and that the comptroller

general shall have power to relieve, in all cases where the taxes have been justly paid,

and the state in no wise defrauded of the same.

Approved, 3d December, 1817. ^

IN THE HOUSE OF REPRESENTATIVES,

27th November, 1817.

Resolved, That the attorney and solicitors general of this state, be requested to as- (No. 207.)
certain whether any, and if any, which of the clerks of the courts of ordinary of their
respective circuits, have in their hands money or property, which by the escheat laws
belongs to the state, and that they make report thereof to the next General Assembly.
Approved, 3d December, 1817.

IN THE HOUSE OF REPRESENTATIVES,

16th December, 1817.

The committee on the state of the Republic, to whom was referred the several reso- (No. 208.)
lutions, from the state of North Carolina, New Jersey, &c. Report the following resolu-
tion, to wit :

Resolved, That it is inexpedient to amend the constitution of the United States as
it regards the choosing representatives in the Congress of the United States ; and also
as it regards the mode of appointing electors of President and Vice-President of the
United States, in manner proposed by the General Assembly of North Carolina ; and that
his excellency the Governor be requested to, forward a copv of this resolution to the
executives of the several states.

Approved, 20th December, 1817.

1190 RESOLUTIONS. 1817.

In the House

ofRepresen- IN THE HOUSE OF REPRESENTATIVES,

16th December, 1817.

tatives.

(No. 209.) Resolved by the Senate and House of Representatives of the state of Georgia, in
General Assembly met, That the amendment to the constitution of the United States,
proposed by the General Assembly of the commonwealth of Kentucky, in the following
words : " No law varying the compensation of members of the Congress of the United
States, shall take effect until the time for which the members of the house of represen-
tatives of that Congress by which the law was passed, shall have expired," meets the
cordial approbation of the representatives of the freemen of Georgia.

Resolved, That our senators in Congress be instructed, and our representatives re-
quested, to use their best endeavours to obtain such an amendment to the constitution of
the United States.

Resolved, That his excellency the Governor be requested to transmit copies of the
foregoing resolutions to each of our senators and representatives in the Congress of the
United States.

Approved, 20th December, 1817.

IN THE HOUSE OP REPRESENTATIVES;

- 16th December, "1817.

(No. 210.) Resolved, That Jonathan Robinson, Andrew Bird, and Robert Burton be, and they
are hereby appointed commissioners for the river Ogechee.
Approved, 19th December, 1817.

(No. 211.) Resolved, That John Howard and Thomas Moore be, and they are hereby appointed
commissioners of that part of the Oconee river, extending from the Altamaha to oppo-
• site Milledgeville, in addition to those already appointed.
Approved, 20th December, 1817.

IN THE HOUSE OP REPRESENTATIVES,
17th December, 1817.

(No. 212.) Resolved, That as a testimony of respect to the memory of the honourable George G.
Nowlan, late a member of the senate, from the county of Effingham, his excellency the

RESOLUTIONS. 18 17. 1191

Governor be, and he is hereby authorized and requested to have his grave enclosed In„ the Hous«
- J L ° of Represen-

in a decent manner, and that he pay for the same out of the contingent fund. tatives.

And that, as a testimony of respect to the memory of Walter Drane, Esq. late a member
of the house of representatives from the county of Columbia, his excellency the Governor
be, and he is hereby authorized and requested, to have his grave enclosed in a decent
manner, and that he pay the same out of the contingent fund.
Approved, 20th December, 1817.

IN THE HOUSE OF REPRESENTATIVES,

18th December, 1817.

The committee appointed to inquire into the expediency of selling the claim of the (No. 213.)
state to confiscated property, with leave to report by bill or otherwise, beg leave to
submit the following Report, to wit :

That taking into view the situation in which the state is placed, with regard to the
fund arising from the sales of confiscated property, the difficulty of obtaining the neces-
sary testimony to establish her just rights, and the length of time that may elapse be-
fore she may reduce the whole of her claims on confiscated property into actual pos-
session; they are induced to believe, that if the whole claim could be disposed of for a
reasonable sum, that it would be the interest of the state to do so, and beg leave to re*
commend the following resolution, to wit :

Resolved, That his excellency the Governor be, and he is hereby authorized to re-
ceive sealed proposals for the whole or any part of the claim of the state to confiscat-
ed property, until the first Monday in November next, and that his excellency adver-
tise the same once a month for six months in the Georgia Journal and Savannah Rer
publican; and it is hereby made the duty of his excellency, to lay the said proposals (if
anv) before the next General Assembly of this state.
Approved, 20th December, 1817.

IN THE HOUSE OF REPRESENTATIVES,

18th December, 1817.

Resolved, That James S. Bradwell, White Rossetei , and Hugh Brown, Esquires, (No. 214.)
be, and they are hereby appointed a committee to join such couimittee as may be ap-
pointed on the part of senate, to see the great seal of the state affixed to such laws as

1192 RESOLUTIONS. 1817.

in the House may remain in the executive department at the end of the present session, and to see
tatives. the journals of the two houses brought up to the end of the session ; that they be
allowed three days after the rising of the General Assembly for this purpose, and that
they be allowed three dollars each per day ; — also, the sum of four dollars each per day,
to the secretary of the senate and clerk of the house of representatives, and engrossing
clerk of the house of representatives, and engrossing clerk of the senate, for three days
after the adjournment of the legislature.

Approved, 20th December, 1817.

IN THE HOUSE OF REPRESENTATIVES,

18th December, 1817.

(No. 215.) Resolved, That his excellency the Governor be, and he is hereby requested, to
cause such alterations to be made in the representative chamber, as he may deem pro-
per, for the accommodation of the additional members of the next legislature, and to
defray the expenses of the same out of the contingent fund.
Approved, 20th December, 1817.

IN THE HOUSE OF REPRESENTATIVES,

19th December, 1817.

(No. 216.) The committee on finance, to whom was referred the petition of Richard Winn,
praying for compensation for a certain bounty warrant issued in the name of James
Cox — Report, that they have examined it, and the vouchers accompanying the same, and
are of opinion, that the same is just and reasonable, and recommend the following reso-
lution :

Resolved, That the comptroller general be, and he is hereby authorized and requir-
ed, to renew a state troop bounty warrant, bearing date the ninth day of February,
seventeen hundred and ninety, in the name of James Cox, for the use fcf Richard Winn.
Approved, 20th December, 1817.

IN THE HOUSE OF REPRESENTATIVES,

19th December, 1817.

(No. 217.) The committee appointed to inquire whether any, and if any, who of the issuers of
change-bills, have failed to make returns or pay the penalty, agreeably to the laws in
such cases made and provided, have performed the duty, and

RESOLUTIONS. 1817. 1X93

Report, That they made out, from the best information in their power, a list of the In tne House

... . . ofRepresen-

names of the issuers, and the counties in which they lived, and furnished the comptrol- tatives.

ler general with the same, which is hereunto annexed, marked " A." From the particu-
lar attention of the comptroller, the committee have had it in their power to lay before
the house his statement, marked " B," at an earlier period than they contemplated ; the
committee think it more than probable, that the sums of money of the issuers have been
omitted, but they hope that time will correct any error that has been made. From the
statement exhibited, it appears, that in the county of Richmond, the defaulters for the
years eighteen hundred and sixteen and eighteen hundred and seventeen, are Lafitte &
Co. the Corporation of Augusta, Corly & Dickerson, Joel F. Randolph, McWharter &
Williams, Dark & Matheson7 Benjamin Moore, and Jeriah Gray ; in Columbia, Jere-
miah Reace, Washington Stone, eighteen hundred and sixteen and seventeen ; in Ogle-
thorpe, Howard Beall, cashier, and John Moore, president, of the Ready Money Com-
pany, and Thomas Rhodes, 1816 and 1817 ; in Elbert, William Woods and Archibald
Stokes ; in Clark, Moss & Easly ; in Greene, James A. Young ; the digest for Putnam,
for 1817, has not been received : Mr. McKenzie is a defaulter in said county, for 1816
and 1817; in Baldwin, all the issuers, nine in number, are in default for 1816 and 1817,
to wit: J. & W. Lucas, John Boon, Zachariah Lamar, Timothy Bruen, now in Pulaski
county, Chapman & Jackson, and Chapman, since the partnership dissolved, Isaac Bower,
Mathews and Burt, and Frederick Sanford ; in Jasper, N. Hascall, and James Rich-
ards, for 1816 and 1817; in Wilkinson, Robert Johnson, Adam Hunter, and E. Barker;
in Hancock, all the issuers are defaulters, five in number, for 1816 and 1817, to wit:
William Springer, Jacob P. Turner, Jonathan Davis, Sledge & Turner, and Hugh Tay-
lor ; in Chatham, the Corporation of Savannah, for 1816 and 1817, P. H. & T. Crapon,
and many others, whose names they cannot now ascertain ; in Jones, Zachariah Booth,
for 1816 and 1817; in Warren, James Lawless and John Butt; in Pulaski, Took &
Smith, J. Hand, and R. Moreland.

The committee further state, that an error made by the receiver of Richmond county,
in the return of M'Xinne & Shultz, of four hundred dollars, has been very lately cor-
rected, though the mistake is not attributable to Messrs. McKinne & Shultz.

The committee further state, that many who have returned for eighteen hundred and
sixteen have not for eighteen hundred and seventeen, and some who have for eighteen
hundred and seventeen have not for eighteen hundred and sixteen, which fully appears
by the comptroller's statement marked " B." It is possible, from the nature of the sub-
ject, that some have been mentioned as defaulters who may not be, and the committee
would be gratified for any mistake to be corrected. They recommend the adoption of
the following resolution :

•

j x 9 4 RESOLUTIONS. 1817.

in the House Resolved, That the collectors of the respective counties in this state, in which the
tativeT" issuers of change-rbills reside, or may have resided, at the time of issuing, be, and they
are hereby required, to make diligent inquiry, in order to ascertain the defaulters for
eighteen hundred and sixteen and eighteen hundred and seventeen, and also, those who
have failed to return in either of those years, and that they take the legal steps to collect,
in due time, the penalty of five hundred dollars, as prescribed by the laws now in force
in this state.

And be it further resolved, That his excellency the Governor be, and he is hereby re-
quired, to forward to the collectors of the respective counties, the names of the default-
ers in the county in which such collectors reside, or have the same published in one or
more of the public newspapers of this state, at his discretion,
Approved, 20th December, 1817.

IN THE HOUSE OF REPRESENTATIVES,
19th December, 1817.

(No. 218.) Whereas, there is now in the treasury, as appears by the treasurer's abstract submit-
ted to this legislature, a number of the evidences of the debts due by this state, which
have been presented at the treasury* and paid off, to wit : Governors', Presidents' and
Speakers' warrants, paper medium, state troop bounty warrants, &c. &c.

And whereas, the aforesaid papers are of no use to the state, but an incumbrance to
the treasury department, and it is usual at stated periods to have them burnt, and none
having been so destroyed since the end of the political year 1813 :

Resolved, That the treasurer do cause three fair and accurate lists of said papers to
be made out, one to be deposited in the executive, one in the comptroller general's, and
one in the treasury office ; and so soon as said lists shall have been completed, that his
excellency the Governor, with the comptroller general and treasurer, shall, after care-
fully examining the same with the aforesaid papers, cause said papers to be burnt ; and
that his excellency the Governor cause the expense of making out the aforesaid lists to
be paid for out of the contingent fund.

Approved, 20th December, 1817,

*!*•"■ ,„.

RESOLUTIONS. 1317. H95

In the House
IN THE HOUSE OF REPRESENTATIVES, of Represen-

19th December, 1817,

tatives.

The committee on finance, to whom was referred a report of a committee appointed (No. 219.)
to wait on the, treasurer of the state, to ascertain if any, and what amount, of money has
been paid by colonel Jones, late solicitor of the Ocmulgee district, into the branch bank
of this state, at this place, for safe keeping, as belonging to the state for fractional pur-
chases ; and a resolution authorizing them, if they should deem it expedient, to call for
persons and papers in regard to said report ; having duly considered the subject, and
having made the necessary inquiries, Report — That they have not confined themselves
strictly to the subject matter of the aforesaid reference, but have called upon the trea-
surer and upon the late solicitor for reports generally, as to the amount of bonds put
into the hands of the deceased solicitor general, colonel Bedney Franklin, for collection,
and also the amounts thereon collected, and paid into the treasury by the said colonel
Franklin, and by the late solicitor, colonel Seaborn Jones, and have ascertained that
bonds were placed in the hands of colonel B. Franklin, deceased, exclusive of interest,
amounting to . . . . . . . $177,909 64£

Upon which has been paid by col. Franklin, and other persons for him, 69,332 94§
By colonel Jones, late solicitor, . . ... 42,451 41

As will more fully appear, reference being had to the treasurer's and colonel Jones's
reports.

It appears by the treasurer's report of the third instant, that there was deposited in

the branch bank at this place, to the credit of colonel Jones, . $ 22,704 06

And a sealed packet, deposited by him, said to contain . 2,100 00

Making the sum of . . . . ... $ 24,804 06

And that on the 9th and 10th instant, the said colonel Jones paid

into the treasury, ...... $20,874 38

Which he says is all the money received by him on account of the state debts, (errors
excepted) besides five per cent, retained by him upon the amount collected, subject to
the future determination of the legislature.

• •

The committee on finance, believing that it would be satisfactory, have made the
aforegoing statement of facts, supported by the accompanying documents, which they
wish to be received as a part of this report.

It is impossible for the committee of finance to say whether the late solicitors have
paid over to the treasury all the money collected by them for the state, and therefore
recommend the adoption of the following resolution :

7 N 2

^^ fiii

1196

RESOLUTIONS. 1817.

In the House
of Represen-
tatives.

Resolved, That the present solicitor of the Ocmulgee district be, and he is hereby re-
quired, to inquire and report to the Governor the amount which has been received of
public money, by the late solicitors, Bedney Franklin and colonel Seaborn Jones, from
the bonds placed in their hands for collection.
Approved, 20th December, 1817.

^m *

■

RESOLUTIONS. 1818.

119

RESOLUTIONS,

WHICH ORIGINATED IN SENATE IN 1818.

IN SENATE, 9th November, 1818.

Whereas, it tends greatly to promote harmony between the citizens of sister states, In Senate.
to have their boundary lines ascertained, run and plainly marked ; and Avhereas, a con- r^o. 2200
siderable part of the dividing line between this state and North Carolina remains unde-
fined by any artificial line so run and marked :

Be it therefore resolved, That his excellency the Governor do appoint fit and proper
persons, not exceeding three, on the part of the state of Georgia, to meet such as may
be appointed by the state of North Carolina ; which said commissioners shall, under di-
rection of the Governor, meet, and, in conjunction with such as may be appointed by
North Carolina, ascertain, run and plainly mark, the dividing line between the states of
North Carolina and Georgia ; and whenever the said commissioners are ready to pro-
ceed to the execution of the trust reposed in them, it" shall be lawful for them to employ
as many chain and axe-men as may be necessary on the part of Georgia, to assist in
measuring and marking the same ; and it shall be the duty of the said commissioners,
whenever they have performed the duties aforesaid, to make a faithful report of their
proceedings to his excellency the Governor, together with the number of persons and
days employed in the above business.

Resolved, That the said commissioners aforesaid, be allowed and paid by his excel-
lency the Governor, out of the contingent fund for the year 1819, the same wages and
emoluments that were allowed and paid to commissioners, mathematician and surveyor,
for running the dividing line between this state and Tennessee ; and the chain and axe-
men each the same wages as were allowed and paid in that case.

And be it further resolved, That his excellency the Governor do transmit to the Go-
vernor of North Carolina the above resolution, with a request that he would lay the
same before the legislature of that state ; and also request that proper persons be ap-
pointed on their part, for the ascertainment, running and marking the dividing line be-
tween the two states ; and that he take such other steps as he may deem necessary for
Speedily and satisfactorily settling the same.

Approved, 13th November, 1818.

a JL'^'M

1198 RESOLUTIONS. 1813.

In Senate.

IN SENATE, 17th November, 1818.

(No. 221.) Resolved, That his excellency the Governor be, and he is hereby authorized and
empowered to appoint three fit and proper persons, carefully to examine, survey, and
report to the next legislature, the practicability, the distance, depth, and probable ex-
pense, of cutting a canal, from the river Altamaha to Turtle and Sappalo rivers, parti-
cularly designating the points on each river, and the course or courses from the one point
to the other, and generally any other information on the subject that they may obtain.
. Approved, 19th December, 1818.

IN SENATE, 25th November, 1818.

(No. 222.) Resolved, That his excellency the Governor be requested to make application to the
general government to have an armed force stationed on the southern frontier, west of
the Ocafenoke, "sufficient to give security to the surveyors and settlers of that section of
the country, or, if he should cjeem it expedient, to call out the militia in such number as
may in his judgment be best calculated to effect that object.
Approved, 19th December, 1818.

IN SENATE, 28th November, 1818.

(No. 223.) Resolved, That Jonathan Robinson, Andrew Bird, and Robert Burton, Esquires,
be, and they are hereby appointed commissioners to carry into effect the opening the
Skideway Narrows, between Ogechee and Savannah rivers ; and the said commis-
sioners are hereby authorized to receive such monies as have been appropriated for the
navigation of Ogechee.

Approved, 19th December, 1818.

IN SENATE, 3d December, 1818.

(No. 224.) The joint committee to contract for printing the laws,- journals and concurred resolu-
tions, Report, that they received proposals from Messrs. Grantlands, proposing to do
it on the same terms they done it last year.; they therefore recommend the following

resolution :

RESOLUTIONS. 1818. 1199

Resolved, That Messrs. S. & F. Grantland have the printing of the laws, journals, In Senate-
and concurred resolutions, of the present session.
Approved, 19th December, 1818.

IN SENATE, 3d December, 1818.

The committee to whom was referred the petition of Jeremiah Sparks, tax collector (No. 225.)^
for Morgan county, Report, that they have had the same under consideration, and are
of opinion that it is reasonable, and ought to be granted ; and therefore recommend the
following resolution, to wit ;

Resolved, That the comptroller general be authorized and directed to place to the cre-
dit of Jeremiah Sparks, tax collector for Morgan county, for the year eighteen hundred
and fifteen, the sum of three hundred and eleven dollars seventy-nine cents, it being the
balance of what was stolen from him the said Jeremiah, and yet due the state.
Approved, 19th December, 1818.

IN SENATE, 3d December, 1818.

The joint committee to whom was referred the claims of the estate of colonel Bedney (No. 226.)
Franklin, for his services as solicitor general, beg leave to submit the following Report:
That having examined, as far as their limited powers would admit of, the said claim or
demand, are of opinion, that it is impossible, from the present circumstances of the case,
to arrive at certainty in ascertaining the amount of judgments obtained by said colonel
Franklin, and which he had not collected at the time of his death ; they therefore think
proper to, recommend the adoption of the following- resolution :

Resolved, That the treasurer be, and he is hereby directed to pay over, or to allow,
as the case may justify, on a settlement with the executors of the estate of the late co-
lonel Bedney Franklin, to and for the use of the said estate, the amount of five per cen-
tum on the amount actually collected and paid over to the treasurer, either by himself
or any other person for him j and the further sum of three per centum on the whole
sum, or amount of judgments obtained by the said Bedney Franklin, which were not
collected by him, whether the same have been since collected or not, and the further
sum of one per centum on the whole amount of claims which the said Bedney Franklin
instituted actions on, and which he did not reduce to judgment, except the action

viJBb

i200 RESOLUTIONS. 1818.

In Senate, against John Scott and Jett Thomas, to recover back money paid for building the state-
house, which shall be in full of all services rendered by him to the state as aforesaid.
Approved, 19th December, 1818.

•

IN SENATE, 5th December, 1818.

(No. 227.) The committee on the state of the Republic, to whom was referred the memorial of
colonel John Burnett, Report, that they consider his claim, and all others of a similar
nature, to be based upon the broad principles of equity and justice ; that to them it is a
subject of serious regret, to discover that the provisions of the treaty of New- York and
Colerain have never been carried into effect, that the memorialist, and all other claim-
ants, have no other prospect of indemnity than by an enforcement of the respective trea-
ties ; your committee therefore report the following resolutions :

Resolved, That his excellency the Governor be, and he is hereby required to appoint
three fit and proper persons, who shall, under the direction of the President of the
United States, repair to the Creek nation, and demand the surrender of the property
claimed by citizens of this state, in terms of the third article of the treaty of New-York,
and the seventh article of the treaty of Colerain.

Resolved, That his excellency the Governor be requested to open a correspondence
with the President of the United States, through the proper department, stating to him
the non-fulfilm#nt^)f the above articles of the several treaties, and to name to him the
persons appointed, on the part of this state, to claim this property, and requesting his
directions for their government, in conformity to the requisitions of the treaties.

Resolved, That all persons claiming property under the provisions of the several trea-
ties, be called upon in such, manner as the Governor may think will best promote the
object, to forward to the persons appointed to claim the same, a statement of their re-
spective [claims,] and to be prepared to substantiate or identify, as the case may re-
quire : Provided nevertheless, that nothing herein contained shall extend to, or be con-
strued to amount to an assumption on the part of this state, or to subject or render
liable the government thereof to the payment of any claim or claims, which may have
been, or may be hereafter exhibited, under and by virtue of the aforesaid resolution.
Approved, 19th December, 1818.

.*.•

RESOLUTIONS, 1818. 1201

In Senate.
IN SENATE, 12th December, 1818.

Resolved, That his excellency the Governor be requested to appoint two fit and (No. 228.)
proper persons, to proceed without delay to ascertain the true head of the St. Mary's
river, and if it shall appear that the mound thrown up by Mr. Ellicott and the Spanish
deputation is not at the place set forth in the treaty with Spain, that they make a special
report of the facts to the Governor, who shall thereupon communicate the same to the
President of the United States, accompanied with a request that the lines may be run
agreeable to the true intent and meaning of the aforesaid treaty.

Audit is further resolved, That the Governor order out a suitable detachment of mi-
litia, to protect the said commissioners in the performance of their duty.
Approved, 19th December, 1818.

IN SENATE, 14th December, 1818.

Resolved, That his excellency the Governor be, and he is hereby authorized and (No. 229.)
requested, to have all the laws respecting executors, administrators and guardians, now
in force in this state, compiled in one pamphlet, and send one copy to each clerk of the
court of ordinary, for the benefit of the courts of ordinary.
Approved, 19th December, 1818.

IN SENATE, 14th December, 1818.

Resolved, That the committee appointed to contract for the printing t)f the laws and (No. 230.)
journals, be authorized to have printed immediately, as many copies of the land bill as
will furnish each senator with five copies, and one for each member of the house of repre-
sentatives,' to carry home with them, in order that each county may know how to com-
ply with the requisites of said law, within the time prescribed.
Read and approved, 19th December, 1818.

IN SENATE, 16th December, 1818.

Resolved, That his excellency the Governor is hereby authorized to subscribe for (No. 231.)
five thousand shares, out of the stock reserved in the Bank of Darien, for the state.
Read and approved, 17th December, 1818.

7 O

;■

1202 RESOLUTIONS. 1818.

In Senate.

. IN SENATE, 16th December, 1818.

(No. 232.) Resolved, That general John McIntosh, Thomas Spalding, Scott Cray, James Dun-
woody, and Doctor James Troup, be, and they are hereby appointed directors of the
Bank of Darien, on the part of this state, until the election of their successors by the
next legislature.

Approved, 17th December, 1818.

IN SENATE, 1/th December, 1818.

(No. 233.) The committe to whom was referred the petition of James Brabin, are now ready to
Report:

Your committee have had the same under consideration, and think the prayer of
James Brabin is reasonable, and ought to be noticed by the friends of humanity :

Therefore be it resolved, That the sum of fifty dollars be allowed to the petitioner, for
the marked, humane and particular care, manifested by him towards Solomon Kidd,
formerly a private in the militia detached from the state of Georgia, to march against
the Seminole Indians, on his return, and during his illness.
Approved, 19th December, 1818.

IN SENATE, 18th December, 1818.

(No. 234.) Resolved, That James Nephew, sen. and Roswell King, sen. Esquires, be, and they
are hereby appointed commissioners of the river Altamaha, in addition to those already
appointed.

Approved, 19th December, 1811. ,

IN SENATE, 18th December, 1818.

No. 235.) Whereas, John Slassar, who was convicted of the crime of murder, in the Superior
Court of Effingham county, in November term last, has petitioned the legislature of the
state of Georgia to extend mercy to, and release him from the awful demands of the vio-
lated laws, which petition, though accompanied by an exemplication ol the indictment,
trial and sentence, of the said John Slassar, was unattended by an abstract or transcript
of the testimony adduced on the trial, or any testimony by which the legislature can deter-

RESOLUTIONS. 1818.

1203

mine the claims the said John Slassar may have on its clemency or mercy ; and whereas,
by a resort to said testimony, the said John Slassar might be properly acknowledged an
object of mercy ; therefore, lest it should appear, when proof would be unavailing,
that the divine attribute of mercy ought to have been exercised towards an unfortunate
fellow man, and to afford an opportunity to the said John Slassar of exhibiting a tran-
script of the evidence adduced on his said trial, with a view to the obtainment of a pardon
of the crime of which he is convicted :

In Senate.

Be it resolved by the Senate and House of Representatives of the state of Georgia,
in General Assembly met, That his excellency the Governor be, and he is hereby re-
quested, to respite the execution of the said John Slassar, until thirty days after the
next legislature shall convene in its annual session.
Approved, 19th December, 1818.

1204 RESOLUTIONS. 1818.

f '

RESOLUTIONS,

WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES IN 1818.

IN THE HOUSE OF REPRESENTATIVES,

13th November, 1818.

of Re Jesen! Resolved, That the joint military and land committees be, and they are hereby au-

tatives. thorized to employ clerks to said committees.
(No. 236.) Approved, 24th November.

IN THE HOUSE OF REPRESENTATIVES,

16th November, 1818.

fNo. 237.) The committee, to whom was referred the communication of his excellency the
Governor, relative to the importation of African slaves into this state :

Report, That on investigating the subject committed to them, it appears that upwards
*/ of three hundred African slaves were brought into the port of Savannah, and from the
want of regularity and legality in the proceedings of the district court, have been distribut-
ed and scattered in the hands of various persons through the state, the persons holding
the said slaves having given bonds for their forthcoming, in sums so small in relation to
the value of such slaves, that it is generally believed, a forfeiture of the bonds is con-
templated as a compliance of the conditions thereof, and thereby an idea has prevailed,
that the said slaves would become the property of the individuals so bonding them ; a
speculation which your committee considers as highly illegal, and in direct violation of
the laws of the United States, as they are decidedly of opinion, that the appraisement
and bonding of this species of property were not sanctioned by any law of Congress
relative to slaves.

Your committee further Report, that if the said negroes have been illegally imported
into this state, they by forfeiture specifically belong to, and ought to be at the disposal
of the state. Your committee, however, are not unacquainted with certain claims in-

RESOLUTIONS. 1818.

1205

stituted in the court of admiralty for the restoration of these slaves, as illegally captur- in the House

J ° J *■ o\ Represen-

ed from their original owners', said to be Spanish or Portuguese subjects. These claims, tatives.

being before a respectable tribunal, it does not become your committee to examine into

their merits, however fraudulent or suspicious they might appear.

Your committee, however, beg leave earnestly to recommend, that the Governor be
immediately requested to apply to the solicitor general of the eastern district, to make
the state a party in the admiralty court, in all cases relative to these negroes, and there
claim the forfeiture of said negroes, and their delivery, by final decree, to the agent
of the state, as required by act of Congress, and that the said solicitor general do im-
mediately apply for the forthcoming of the said slaves, and have them placed in the
custody of the law, and" under the immediate direction and control of the court, and
specifically subject to its order, either by placing said negroes in the hands of the
martial, or agent of the state, or by compelling their forthcoming at any time, by new,
additional and good security, if this can be done consistently with the rules and prac-
tice of the courts of admiralty in like cases.

Your committee further recommend, that additional counsel be employed by the
Governor, to support the right of the state ; and that all and every expense necessary
to carry these resolutions into effect, be advanced by his excellency out of the contingent
fund.

Your committee further recommend, that the Governor do communicate these resolu-
tions to the executive of the United States, and request the aid and energy of the federal
arm> to carry on prosecutions against all persons in any way connected in this traffic, or
who may have violated the laws of the United States, by holding, selling or disposing
of any of the African slaves lately introduced into this state.

# Your committee, under these impressions, respectfully submit the following resolu-
tions : That the Governor be immediately requested to take the necessary and legal
steps for enforcing the claim of the state to the forfeiture of said slaves, and to take
them out of the hands of those by whom they have been thus illegally bonded, and
place them under the immediate eye of the court, or take additional bonds to his ex-
cellency the Governor, with good security, in the sum of at least eight hundred dollars,
for the delivery of each of said negroes when thereunto required.

Resolved^ That additional counsel be employed by the Governor, to support the right
of the state, and that all expenses necessary to carry these resolutions into effect, be
advanced by the Governor, out of the contingent fund,

,.j^a

i NiL

j 206 RESOLUTIONS. 1818.

In the House Resolved, That his excellency do communicate these resolutions to the executive of tne
of Represen- __..,„' i 1 ' r

tatives. United States, and request the prosecution ot every person, m any way connected in

this traffic, or who may have violated the laws of the United States, by importing,

holding, selling or disposing, of any of the African slaves lately introduced into this

state.

Approved, 8th December, 11318.

IN THE H0U.SE OF REPRESENTATIVES,

26th November, 1818.

(No. 238.) The committee to whom was referred the petition of John McKinne and Henry
Shultz, Report :

That they have had the same under consideration, and are of opinion, that by the
tax law of eighteen hundred and seventeen, that is was only intended by that legis-
lature, that the said John McKinne and Henry Shultz are liable to pay the tax of two
and one half per cent, on the amount of unchartered bills, issued by them, and which
were, or should be in circulation on the first day of January, eighteen hundred and
eighteen ; and your committee are • further of opinion, that the tax law aforesaid,
which imposed a tax of thirty-one and one quarter cents, on the amount of bills issued,
and which were in circulation during the political year eighteen hundred and eighteen,
at any office of discount and deposit in this state, was only intended to apply to any
branch banks, which were, or might be established in this state, by the Bank of the
United States ; and that any or all banks which were chartered by this state, or the
United States, were alone subject to the payment of this tax of thirty-one and one
quarter cents, on each hundred dollars so issued by them, and which might be in circu-
lation during that period ; your committee cannot hesitate in believing,- that the legisla-
ture of eighteen hundred and seventeen, did not intend -that the petitioners should be
subjected to the payment of a double tax on the bills issueld by them ; and it appearing
to this committee, that the petitioners have actually paid the tax of two and one half
per cent, on all bills issued by them, or which were in circulation on the first of January,
eighteen hundred and eighteen ; they therefore recommend the adoption of the following
resolution :

Resolved, That as the said John M Kinne and Henry Shultz have paid the tax of
two and one half per cent, on the amount of change bills, which they had in circulation
on the first day of January, eighteen hundred and eighteen, in conformity with the law,
that they be and are hereby discharged from all liability which, by construction or other-
wise, they may have been deemed subjected to, under the tax law of eighteen hundred

RESOLUTIONS. 1818. 1207

and seventeen, in.regard to the tax of thirty-one and one quarter cents imposed by said In the 'House
law on all offices of discount and deposit existing in this state, not chartered by this tatives.
state, or the United States, who have paid a tax of two and one half per cent, on every
hundred dollars they had in circulation on the first day of January, eighteen hundred
and eighteen.

Approved, 1/th December, 1818.

IN THE HOUSE OF REPRESENTATIVES,

Thursday, 26th November, 1818.

Resolved, That his excellency the Governor be requested to appoint a commis- (No. 239.}
sioner or commissioners, to join such as may be appointed by the agent of Indian affairs
for the Cherokee nation, to have run the line according to the true intent and meaning
of the treaty made with the Cherokee nation of Indians, by and between general An-
drew Jackson and J. McMinn, governor of the state of Tennessee, and general David
Meriwether, from the mouth of Soque creek, to such place or point as may meet the
true intent of the aforesaid treaty.

Approved, 9th December, 1818.

IN THE HOUSE OF REPRESENTATIVES,

15th December, 1818.

The joint committee of finance, to whom was referred the message of his excellency (No. 240.)
the Governor, in regard to a communication made to him by Adam G. Saffold, Esq.
solicitor general of the Ocmulgee circuit, in obedience to a resolution of the last legis-
lature, Report :

That they have had the same under consideration, and after having fully and delibe-
rately investigated said message and accompanying documents; regret that, they cannot
arrive at any satisfactory result. Your committee are aware, that the duty assigned
said solicitor general must have been laborious and arduous, while by the exercise of
the greatest vigilance and the most unremitted attention, it was still impossible that the
object contemplated by the last legislature, could be fully completed as stated in the re-
port of the said solicitor general. It is obvious that he could scarcely be able to obtain
an accurate account of all the monies received for the state by the late solicitor general,
Bedney Franklin, deceased, and by his immediate successor, colonel Seaborn Jones, in-
asmuch as mlViy of the clerks and sheriffs of the Ocmulgee circuit, since the payment of

1208

RESOLUTIONS. 1818.

In the House
of Represen-
tatives.

money collected by them for fractions,- and paid over to the solicitor general, have gone
out of office, while others have removed out of the state, arid their vouchers for said
payments are held by themselves, as private papers, for their own indemnity. It is there-
fore obvious, that it must be a mere matter of favour, if the present solicitor general,
can obtain the inspection of their books to aid him in making out his report ; from this
short view of the circumstances connected with the report of said solicitor general, your
committee are of opinion that greater time should be allowed him for perfecting his
report, so as to comply with the intention of the last legislature, and they recommend
that the legislature make to the said solicitor general, a liberal allowance for the extra-
ordinary trouble given him by the resolution of the last legislature ; and they further re-
commend, that the said solicitor general of the Ocmulgee circuit, be allowed until the
meeting of the next legislature to perfect his return. Your committee, therefore, submit
for adoption the following resolutions :

Resolved, That Adam G. Saffold, Esq. solicitor general of the Ocmulgee circuit, be
allowed such compensation as his excellency the Governor may think adequate to his
services, performed agreeable to a resolution of the last legislature, in ascertaining what
sums of money had been received by Bedney Franklin, Esquire, lately solicitor general
of the Ocmulgee district, and what sums were received by his immediate successor, co-
lonel Seaborn Jones, which said compensation shall be«paid out of the contingent fund.

And be it further resolved, That the said Adam G. Saifold, Esquire, solicitor general
aforesaid, be allowed until the next meeting of the legislature of this state, to comply as
far as possible, with the requisitions of a resolution passed the 20th December, eighteen
hundred and seventeen, in regard to the monies received for the state, by the late colo-
nel Bedney Franklin, and by colonel Seaborn Jones, formerly solicitor general of the
Ocmulgee circuit.

Approved, 18th December, 1818.

IN THE HOUSE OF REPRESENTATIVES,

16th December, 1818.

(No. 241.) The joint committee on finance, to whom was referred the petition of Abner Locket,
have performed the duty assigned them. Your committee are of opinion, that the
prayer of the petitioner is reasonable, and ought to be granted ; they therefore recom-
mend the following resolution be adopted, to wit :

•,...._*-.

RESOLUTIONS. 1818. |209

In the House
sen-

Resolved, That the sum of eighty dollars be appropriated to Abner Locket, as full of Kepre
compensation for a mare lost in an expedition against the Oakfuskee Indians, under the _tatlves
command of general David Adams, as colonel commandant of said expedition.
Approved, 19th December, 1818.

IN THE HOUSE OF REPRESENTATIVES,
17th December, 1818.

Resolved, That the collectors of the respective counties in this state, in which the (No. 242.)
issuers of change-bills reside, or may have resided at the time of issuing, be, and they
are hereby required to make diligent inquiry, in order to ascertain the defaulters for
eighteen hundred and sixteen and eighteen* hundred and seventeen, who may fail to
comply with the requisitions of the laws of this state, on that subject ; and that they
take the legal steps, after the first day of January next, to collect in time the penalty of
five hundred dollars, as prescribed by the laws now in force in this state.

And be it further resolved, That the collectors in this state, for the year eighteen hun-
dred and eighteen, be, and they are hereby required to comply with the requisitions of
the above resolution ; and the proper authority is hereby required to retain the bonds of
the collectors for the year aforesaid, until they have discharged the requisitions of the
above resolution.

And be it further resolved, That his excellency the Governor be, and he is hereby re-
quested, to have the foregoing resolutions published in one or more of the public news-
papers of this state.

Approved, 19th December, 1818.

IN THE HOUSE OF REPRESENTATIVES,
18th December, 1818.

The joint committee to whom was referred the investigation of the proceedings of (No. 243.')
the commissioners of the Oconee river,

Report, That from the pressure of other business, and the nature of the documents
laid before them, they have not found it practicable to do that justice to the subject
which its importance deserves ; they however recommend the following resolutions :

7 P

1210 RESOLUTIONS. 1818.

in the House Resolved. That all commissioners, or other persons, into whose hands public money is
of Represen- t- r J

tatives. or may be placed for any purpose, be required to keep regular and sufficient vouchers

for every expenditure ; that such vouchers, with all bills of sale, or other titles to pro-
perty purchased for the state, be deposited in the executive office ; that when such pro-
perty is used or employed for profit, the contracts, bills of lading, or other sufficient
evidence of such profitable employment, be also furnished, and that all such documents
be kept in readiness for the examination of any committee appointed by the legislature
for that purpose.

Resolved, That it is our opinion that a standing committee should be annually ap-
pointed to examine all such accounts and documents.

Resolved, That the appointment of all such persons or commissioners should expire
once a year, unless otherwise especially provided by law. -

Resolved, That John Howard, Z. Lamar, D. Blackshear, R. Blount, T. Moore,
James Alston, J. Robertson, J. Lucas, Williams Rutherford, Francis Jeter, Farish
Carter and Thomas Ford, be, and they are hereby appointed comnfissioners of the Oco-
nee Navigation Association, for the year eighteen hundred and nineteen, and until suc-
cessors to their appointments are regularly appointed.
Approved, 19th December, 1818.

RESOLUTIONS. 1819. 121 1

RESOLUTIONS,

WHICH ORIGINATED IN SENATE IN 1819.

IN SENATE, 30th November, 1819.

Whereas, his excellency the late Governor Rabun, in conformity to the provisions. In Senate«
of a resolution, approved the 19th December, 1818, authorized a draft on the militia of (No. 244.)
the state of Georgia, to escort commissioners appointed in conformity to the provisions
of said resolution, to ascertain the true head of the St. Mary's river, and report thereon :
And whereas, no provision has hitherto been made to pay the officers and privates de-
tailed from said militia for said service :

Be it therefore resolved, That his excellency the Governor of said state be, and he is
hereby directed to pay, out of the contingent fund, to the order of the paymaster of the
regiment on which such draft was made, a sum of money, which shall be equal to the
claims of the officers and privates detailed as aforesaid ; to be exhibited in pay rolls duly
attested, including subsistence conformable to the arrangement of the commissioners
aforesaid ; and that the Governor do also pay to the order of major general John Floyd,
any and all claims on accounts examined, approved and certified by him, on charges and
expenditures incurred by and resulting from a discharge of the duties imposed on the
commissioners aforesaid.

And be it further resolved, That the said paymaster do pay the money by him so re-
ceived, to the persons and purposes aforesaid, according to the -rules and regulations in
such cases by law provided.

Approved, 13th December, 1819.

IN SENATE, 4th December, 1819.

The joint committee on finance, to whom was referred a resolution from senate in (No. 245.1
regard to the treasurer's executions issued against John Cooper, late tax-collector for

7 P 2

1212 RESOLUTIONS. 1819.

In Senate. MeIntosh county, and George White and James Mulryne, as his securities, for the years
1803, 1804 and 1805, beg leave to

Report, That they have investigated the subject, and have endeavoured to procure
the necessary information relating thereto, as well from the treasurer's books and papers,
as from personal explanations given by that officer, and discover that the executions for
the years aforesaid have been issued ; but; from what appears on the books of the trea-
surer, have never been returned to that department, either satisfied or unsatisfied. Your
committee further beg leave to report, that, On a further examination of the treasurer's
books, that an execution issued from that department against said John Cooper, and
James Pelot and George White, as securities, as a defaulting tax-collector, on the 12th
April, 1813, for the tax due in the year 1807, and another execution issued for the tax
of 1808, against the said John Cooper, George White and Bright Baker ; that the two
last executions were issued from the treasurer's department, after the death of the said
John Cooper, and that subsequently the treasurer issued his executions against the se-
curities for the last mentioned years, which have not been returned to that officer satis-
fied. Your committee therefore recommend the following resolution :

Resolved^ That the solicitor general of the eastern district be directed to ascertain
whether the executions issued by the treasurer against John Cooper, George White and
James Mulryne, for the default of the said John Cooper, as tax-collector of McIntosh
county for the years 1803, 1804 and 1805, have been collected, and if collected, by what
sheriff, and if not collected, who has possession of the same, and what is the situation
of the parties ; and that the said solicitor general be directed to inquire who. has pos-
session of the execution issued by the treasurer against James Pelot and George White
as securities of the said John Cooper, as a defaulting collector for said county, for the
year 1807; and another execution issued from said department for the default of said
John Cooper, as tax-collector aforesaid, against George White and Bright Baker, as his
securities for the year 1808. And that the said solicitor general be further requested to
take such measures as he may deem proper for the collection of said several executions,
and report to the treasurer his actings and doings thereon ; and if the solicitor general
shall be of opinion, after such examination had, that it is advisable, the treasurer is here-
by authorized and required to issue a new execution or executions accordingly, without
delav.

Approved, 18th December, 1819

RESOLUTIONS. 1819. 1213

In Senate.
IN SENATE, 10th December, 1819.

Resolved by the Senate and House of Representatives of the state of Georgia, in General (No. 246.)
Assembly met, That his excellency the Governor be, and he is hereby authorized and
required to cause the intendant and officers of the corporation of the town of Milledge-
ville, within six months from the passing of this resolution, to make out a full and ac-
curate account of ail the lots of land that the General Assembly has vested in the cor-
poration, and also all such as they have authorized them, or any of them, to sell, the
amount of sales, the number of lots that they have heretofore been authorized to lease,
and who was the leasor, the amount of money received, due or to become due for the
lots leased, and the rent of all the cleared land that they have been authorized to rent,
and generally the receipts and expenditures of all and singular the property and money
received and arising from such as has accrued from or upon the «eaid property, to the
benefit of the said corporation, and all other measures that he may deem expedient for
the furtherance of justice in the premises, and that he report thereon to the next General
Assembly.

Approved, 18th December, 1819.'

IN SENATE, 29th November, 1819,

Resolved, That h?s excellency the Governor be requested to furnish information to (No. 247.)
this legislature, on the subject of a contract made between the state of Georgia and the
steam-boat company, for certain shares of steam-boat stock, the number of shares, the
amount of purchase, the monies paid, the dividend received, the terms of the contract,
together with such other circumstances as he may deem important to communicate.
Approved, 9th December, 1819,

. , IN SENATE, 16th November, 181».

Resolved By the Senate and House of Representatives of the state of Georgia, in (No. 248.)
General Assembly met, That the following persons be, and they are hereby appointed
commissioners to superintend the improvements of the navigation of Savannah river,
between the city of Augusta and town of Petersburgh, that is to say : William Jones,
(of Little River) in the place of Marshall Keith resigned, Thomas H. Penn, in the place
of Henry Shultz resigned- And be it further resolved, That Mark Anthony and Dred-
ziel Pace, sen. be added to the said board of commissioners.
Approved, 25th November, 1819,

1214 RESOLUTIONS. 1819.'

In Senate. .
IN SENATE, November 29th, 1819.

No. 249.) Resolved, That his excellency the Governor be requested to forward to the Inferior
Courts of the counties of Early, Irwin and Appling, copies of the laws of this state,
from the year 1811 to the year 1818, inclusive, together with Marbury and Crawford,
and Clayton's Digests : Provided, a sufficient number of copies of said laws remain sub-
ject to such disposition.

Approved, December 13, 1819.

IN SENATE, 19th November, 1819.

(No. 250.) The committee of conference to whom was referred the report of the joint committee,
appointed to contract for printing the laws, journals, &c. of the present session of the
General Assembly, beg leave to Report — That they have had the subject matter of dis-
agreement under consideration, and recommend the following resolution in place of the
original 'report, to wit ;

Resolved, That Messrs. Camak & Hines be, and they are hereby appointed printers for
the state, and that they be allowed 2i cents per sheet for printing the journals, and 2^-,
cents per sheet for printing the laws and resolutions, of the present session of the legis-
lature ; and that his excellency the Governor be, and he is hereby required to take a bond
of Camak & Hines, in a sufficient penal sum, to do said printing in a manner not inferior
to the style in which it has been heretofore done by the Messrs. Grantlands, and ready
for delivery, the laws and resolutions by the 1st of February next, and the journals by
the first day of March next.

Approved, 27th November, 1819.

IN SENATE, 15th November, 1819.

(?No. 251.) Resolved, That his excellency the Governor be, and he is hereby authorized to have
furnished, and forwarded to the respective clerks of the Inferior Courts of the counties
of Walton, Gwinnett, Hall and Habersham, a sufficient number of Crawford's & Mar-
bury's, and Clayton's Digests ; also the Acts of the General Assembly, from the year
1811 until the year 1819, inclusive ; to be distributed agreeably to the law making pro-
vision in those cases for the laws and journals of this state : Provided, there are such
remaining on hand ; and one copy of the law of executors and administrators, for the
use of the Inferior Court of each county.

Approved, 25th November, 1819.

RESOLUTIONS. 1819. jgj

In Senate.
IN SENATE, 10th December, 1819.

The joint military committee, to whom was referred a communication from his excel- (No. 252.)
lency the Governor, covering a letter addressed from Thomas M. Bradford, have the
honour to

Report, That whereas, satisfactory evidence has been submitted to your committee,
of the existence of a contract heretofore entered into by and between the late Governor
Rabun, on the part of the state of Georgia, and Thomas M. Bradford, in which it is
stipulated that the said Thomas M. Bradford should deliver, to the Governor of said
state, five hundred copies of Scott's Military Discipline, neatly bound and printed, at the
price of two dollars and seventy-five cents per volume : and your committee having had
submitted to their examination one volume thereof as a specimen of the whole, beg
leave to recommend to his excellency the acceptance of the said five hundred copies,
they corresponding particularly with the sample submitted to your committee. Your
committee also recommend the adoption of the following resolution :

•

Resolved, That- his excellency the Governor of said state be, and he is hereby author-
ized and required, to pay unto Thomas M. Bradford the sum of thirteen hundred and
seventy-five dollars, out of any monies in the treasury not otherwise appropriated, for
and in consideration of five hundred copies of Scott's Military Discipline, neatly bound
and printed, to be examined and approved of by his excellency, according to a verbal
contract entered into by and between the late Governor Rabun, on the part of said state,
and the said Thomas M. Bradford.

Approved, 20th December, 1819.

IN SENATE, 27th November, 1819.

Resolved, That his excellency the Governor of the state of Georgia, be requested (No. 253.)
to enter into a correspondence with his excellency the Governor of the state of South
Carolina, for the purpose of procuring a speedy co-operation of the two states in im-
proving the navigation of the Savannah river.
Approved, 13th December, 1819,

IN SENATE, 8th December, 1819.

Resolved, That John Cauper, senior, William W. Hazzard, Edmond Mathews, (No, 254.)
John Burnett and Bernard Nicalau, of the county of Glynn, be, and they are hereby ap-

mniHrtirfl

1216 RESOLUTIONS. 1819.

In Senate, pointed commissioners to investigate and inquire into the legality of the late sales of the
town lots in Brunswick and Frederica, in the county of Glynn, and make a due report
to the next legislature.

Approved, 18th December, 1819.

IN SENATE, 4th December, 1819.

(No. 255.) Resolved, As the sense of this legislature, that the sum of two thousand dollars be
appropriated for erecting an edifice for the grammar school of Franklin University.
Approved, 18th December, 1819.

m SENATE, 13th December, 1819,

(No. 256.) Resolved, That Nathan Crawford, William Magruder, Gasaway Davis, Isaac Bryan,
and Juriah Harris be, and they are hereby appointed commissioners of the Columbia
County Academy, in addition to those heretofore appointed, residing in the county and
choosing to act as such ; and a majority of the commissioners, whenever convened,
shall be competent to proceed to business, and are clothed with all the power and au-
thority that was given to the original (and any subsequent) commissioners appointed for
said academy.

Approved, 18th December, 1819,

IN SENATE, 15th December, 1819.

(No. 257.) Resolved, That his excellency the Governor be, and he is hereby requested to trans-
mit to our senators and representatives in Congress, a copy of an act, passed on the
nineteenth day of December, eighteen hundred and eighteen, entitled an act to grant
certain powers to the commissioners of pilotage for the port of Darien, and to. autho-
rize them to collect a tonnage duty on vessels, with a request that 'they would endeavour
to get an act of Congress passed to carry the said act into effect.
Approved, 18th December, 1819.

IN SENATE, November — , 1819.

(No. 258.) Resolved, That the sum of two hundred dollars be paid to the former judge of the
western circuit, and the sum of fifty dollars be paid to the solicitor of the western circuit,

RESOLUTIONS. 1819. l2\7

as a compensation for their services in holding courts in the counties of Walton, In Senate.
Gwinnett, Hall and Habersham.

And be it further resolved, That the same be placed in the appropriation law for the
present year, and be drawn accordingly.

Approved, 6th December, 1819.

IN SENATE, 10th December, 1819.

Resolved, That the commissioners of the town of Milledgeville do lease to Mary (No. 259.)
Knight, three acres of land out of the town- commons, adjoining the lot she now lives
on, for the term of seven years.

Approved, 18th December, 1819.

IN SENATE, 11th December, 1819.

Resolved, That his excellency the Governor be, and he is hereby authorized and re- (No. 260.)
quested to have recorded in the surveyor general's office of this state, the maps of the
lines as run, dividing this state and the states of Tennessee and North Carolina, with
the certificates thereunto annexed, and pay for the same out of the contingent fund.
Approved, 18th December, 1819.

IN SENATE, 7th December, 1819.

The joint committee to whom was referred a resolution, originating in the house of (No. 261.)
representatives, relative to the state of the arsenal and magazine.

Report, That they have inspected the arsenal and magazine, and as far the circum-
stances of the examination would permit them to discover, they have found the annexed
return in every respect correct. They further report, that the arms and other articles
were' in good order, and bore every appearance of proper attention to their preservation
having been paid to them, v

The committee cannot but declare, that they would have been much better satisfied
with the arrangements of the store-keeper, if the arras had been separated and placed
apart, according to their peculiar manufacture. Instead of this, English, French, and
American arms were indiscriminately mixed ; a circumstance which, from the differ-

7 Q

1218 RESOLUTIONS. 1819.

In Senate, ence of their calibres, might be productive of the most disastrous consequences, were an
unexpected and sudden call for arms made upon the executive.
Approved, 18th December, 1819.

IN SENATE, 15th December, 1819.

(No. 262.) The joint committee of finance, to whom was referred the message of his excellency
the Governor, in regard^to a communication made to him by Adam G. SafFold, Esq.
solicitor general of the Ocmulgee circuit, in obedience to a resolution of last year, and
the year 1817, recommend the following resolution :

jResolved, That Adam G. SafFold, Esq. solicitor general of the Ocmulgee circuit, be
allowed until the meeting of the next General Assembly to perfect his return, and close
the account of the late Bedney Franklin, Esq. deceased, and Col. Seaborn Jones, showing
the amounts received and paid into the treasury by each of them, and what he has re-
ceived and paid over, and what appears to be the amount uncollected on bond and judg-
ment, and also the probable prospect of its collection.
Approved, 18th December, 1819.

IN SENATE, 16th December, 1819.

(No. 263.) Resolved, That Michael Shelman and William N. Harman be, and they are hereby-
appointed commissioners, to join such as have heretofore been appointed to-carry into
effect the opening of Schedeway Narrows, near the mouth of Ogechee.
Approved, 20th December, 1819.

• IN -SENATE, November 19th, 1819.

(No, 264.) The joint committee on finance, to whom was referred the petition of Joseph Atta-
way, beg leave to Report, that they have had said petition under consideration, and after
a due investigation of the subject, are of opinion, that so much of the tax of 1817, as
accrued after the 24th February, should be remitted. The committee therefore recom-
mend the adoption of the following resolution : -

Resolved, That the sum of eighty-three dollars and thirty-four cents be returned to
Joseph Attaway, being the sum overpaid into the treasury, for the tax of the year 1817,

RESOLUTIONS. 1319. 1219

for two billiard tables, and that the same be provided for in the appropriation act of the In Senate.
present session.

Approved, 27"th November, 1819.

IN SENATE, 10th November, 1819.

The committee to whom was referred the petition and affidavit, relative to the claims of (No. 265.)
the widow and orphans of John Lyon, late of Elbert county, deceased, have the honour to
Report, that they have had the same under 'consideration, and are opinion, that the said
Martha Lyon, with her orphan children, (as the widow and children of John Lyon,
who died on his return march from the prosecution of the war against the Seminole
Indians, of disease contracted in the service of his country,) are entitled to the sums
(or similar sums) which have been given by the legislature to others heretofore placed,
by the fate of war, in like circumstances. Your committee, therefore, recommend the
adoption of the following resolution:

Resolved, That the sum of ten dollars each, be appropriated to and for the relief of
Martha Lyon and her nine orphan childern, to be paid by his excellency the Governor
to the order of the said Martha Lyon, and that the said appropriation be incorporated
in the general appropriation act of this session.
Approved, 23d November, 1819.

IN SENATE, 6th November, 1819.

Resolved, That Barnard C. Heard, of the county of Elbert, be, and he is hereby (No. 266.)
appointed a commissioner, to superintend the improvement of the navigation of that
part of the Savannah river, from the town of Petersburg, in said county, to the town of
Andersonville, at the confluence of the Tugalo and Seneca rivers, in lieu of Samuel
Rembert, who refuses to act ; and that Robert Hackett be, and he is hereby appointed
a commissioner, to superintend the improvement of the navigation of the Tugalo river,
from the confluence of said river and Seneca river to the mouth of Panther creek, on
said Tugalo river, in lieu of Robert Barton, who refuses to act.
Approved, 23d November, 1819.

7. Q2

2 220 RESOLUTIONS. 1819.

In Senate.

IN SENATE, 19th November, 1819.

(No. 267.) Where*as, It is expedient that the several members of the General Assembly should
be well acquainted with the finances of this state, in order to enable him to husband the
funds of the same ; therefore the joint committee on finance recommend the adoption of
the following resolution :

Resolved, That the joint committee appointed to contract with a printer for print-
ing the laws and journals of the present session, be requested to contract with a printer
to print, without delay, as many copies of the treasurer's abstract as will furnish each
member of this legislature with two copies*.

Approved, 27th November, 1819.

IN 'SENATE, 24th November, 1819.

(No. 268.) Whereas, The late acquired territory, under the treaty of the honourable J. C. Cal-
houn, held at the city of Washington in the present year, it appears that the river Ches-
tatee forms the southern boundary, and the line run under the superintendance of Mr.
Lumpkin, from the head or main source of the Chestatee to the Unaca road, form part of
the north-western boundary, from thence the Blue Ridge for the balance of said boundary
between the Cherokee Indians and this state ; it therefore becomes necessary that there
should be a line run, and plainly marked, on the summit of said ridge, meandering
through the same, until the line so run intersects the line run by Col. James Blair in
March last, which line, when so run, shall form the north-western boundary of the terri-
tory before mentioned.

It is therefore resolved, That his excellency the Governor be, and he is hereby fully
authorized and empowered to appoint a commissioner, surveyor, and such number of
chain and axe-men as he may deem necessary, to proceed to the point of Unica road,
where the line terminates, which was run under the superintendance of the honourable
Wilson Lumpkin ; and the commissioner so appointed shall, under his superintendance,
have said line run, and plainly marked, on the top of the Blue Ridge, meandering the
same, until it intersects the line commonly called Blair's line.

And be it further resolved, That the commissioner, surveyor, and axe and chain-men
so appointed by his excellency the Governor, shall be entitled to receive for their ser-
vices the same compensation as has been allowed on former business of this kind ; and
that his excellency the Governor be, and he is hereby authorized to draw upon the con-

RESOLUTIONS. 1819, 1221

tingent fund for any sum that may be found necessary to defray the expenses of this ln Senate.
service.

Approved, 6th December, 1819.

IN SENATE, 17th December, 1819.

The committee on public education and free schools, Report — That it being ascer- (No. 269.)
tained that only a: small proportion of the free school fund has been made active, it is
evidently altogether impracticable, at this moment, to put in operation the free school
institution. -It therefore only remains to recommend to the consideration of succeeding
legislatures, and of the citizens of this state, the system best adapted to the circum-
stances of the country. That most suitable ' system appears to your committee to be
the system of South "Carolina. As the impracticability of giving effect to the institu-
tion results from the reserved fund not having been active, it is recommended that the
executive be advised of the expediency of vesting the fund, as speedily as advantage-
ously can be done, in some profitable stock. Your committee therefore submit the fol-
lowing resolutions :

Resolved, That the law of the state of South Carolina establishing free schools in that
state, be published in one of the public gazettes of this state for the consideration of its
citizens.

Resolved, That his excellency the Governor be requested to carry into effect, as
speedily as advantageously can be done, the second section of an act passed 18th De-
cember, 18'17, entitled An act to create and establish a fund for the support of free
schools throughout £his state, and also to vest in profitable stock, such sums as may
have accrued on interest, or may hereafter accrue from stock belonging to this fund.
Approved, 20th December, 1819.

IN SENATE, 17th December, 1819.

The joint committee to whom Tfas- referred the letter of Seaton Grantland, Esq. pro- (J^o. 270. .
posing to furnish the state with the "Georgia Justice," for the use of justices of the In-
ferior Court, justices of the peace, and clerks of the court of ordinary, recommend the
following resolutions :

*
Resolved, That his excellency the Governor be authorized to receive from Seaton

Grantland, Esq. five hundred copies of the Georgia Justice, and that he cause the same

X222 RESOLUTIONS. 1819.

Jn Senate. to De distributed without delay, as follows ; one to each member of the Inferior Court
of this state ; one copy to each captain's district, for the use of the justices of said dis-
trict, and one copy to each clerk of the court of ordinary ; and that upon the death, re-
moval or resignation of said officers, or any of them, said books to be for the use of their
successors.

Resolved further, That his excellency the Governor pay for said books at and after
the rate of four dollars and seventy-five cents per copy, by warrant upon the contingent
fund.

Approved, 20th December, 1819,

*°_

RESOLUTIONS. 1819.

1223

RESOLUTIONS,

WHICH ORIGINATED IN THE HOUSE OF REPRESENTATIVES IN 1319.

HOUSE OF REPRESENTATIVES,

Saturday, lltb December, 1819.

'To his excellency the President of the United States.

In the House
of Represen-
tatives.

The memorial, remonstrance and protest of the senate and house of representatives of (No. 271.)
the state of Georgia, in General Assembly met. *

Your memorialists are impelled, by a sense of duty which they owe themselves and
the people of Georgia, again to call the attention of your excellency to a subject in
which they consider their best and most permanent interests involved. It has been the
unfortunate lot of our state, to be embroiled in the question of " territorial right," al-
most from the commencement of her existence. The feelings excited by such warmth
and succession of contest, have been heightened and aggravated by inconveniences and
exposures incident to our frontier situation. To alleviate this c^dMon, to circum-
scribe our extent of settlement and become more defensible ; and finally, to settle the
questions of territory, limits and boundaries, were the prevailing inducements to the
vast relinquishment made by Georgia to the United States, in the articles of agreement
and cession of 1802. Abstractedly from these inducements, it will not be contended
that other considerations could have produced the effect. The period has now arrived,
when, in the opinion of your memorialists, the subject is no longer to .be regulated by
the rules of policy and convenience, but has assumed the more definite and substantial
shape of positive right. It has long been the desire of Georgia, that her settlements
should be extended to her ultimate limits ; that the soil within her boundaries should
be subjected'to her control, and that her police, organization and government should
be fixed and permanent. For the fulfilment of these desires, we have waited the tide
of events, and observed the march of time for seventeen years. Within this period, we
have witnessed with much gratification the spread of the Union, and the accession of
states and territories, greater in extent than the original confederation. Two of the
members of- this vast family are the descendants of Georgia; yet Georgia loses her

^■1^. .

1224 RESOLUTIONS. 1819.

In the House strength and influence as a member of the Republic, retarded as she is, in her growth
of Represen- ° r 1 °

tatives. and population, and denied the fostering aid of her common parent.

The stipulation contained in the articles of agreement and cession of 1802, is the
principal point to which your memorialists would invite your attention. This contract,
from the time it was entered into, has been subject to be performed whenever the same
could be done on " peaceable and reasonable terms." By the treaty of Fort Jackson,
an opportunity was presented to the United States of performing her contract with us,
and also to have acquired for herself any extent of territory which she might have
thought proper to dictate. It is now ascertained that Georgia obtains by that treaty a
tract of country scarcely sufficient to invite our attention thither, or to authorize the
process of organization. This treaty having heretofore been made the subject of com-
munication to your excellency, in which the people of Georgia have expressed their
opinions and feelings, it only remains for us again to adopt the like sentiments, and re-
peat our " protest and remonstrance against said treaty, so far as it relates to the extin-
guishment of Indian title within the limits of Georgia."

In 1817, commissioners acting under the authority of the United States, treated with
the Cherokee nation of Indians, some of whom resided within our limits. By this
treaty, the interests of Georgia were more regarded, and we believe a plan laid which
would have resulted in the speedy extinction of the Indian claim within our limits, and
upon terms not only " peaceable" and " reasonable," but convenient and beneficial to
the Union. It was already ascertained, that a considerable portion of the Indians had
emigrated beyond the Mississippi, and accepted land in exchange for that which they
had abandoned* ^he state of Georgia claims a right to the jurisdiction and soil of the
territory within her limits. She admits, however, that the right is inchoate, remaining
to be perfected by the United States in the extinction of the Indian title; the United
States, pro hac vice, acting as our agents. The signing of this treaty by authorized
agents, and the after ratification, confirmed our title. The cession made by the first ar-
ticle is acknowledged to be absolute in conveying, " for the use of Georgia," the terri-
tory which it defines. Tennessee acquires the like title by the second article, and both
states acquire a further vested interest in the Cherokee lands within their respective
boundaries, proportionate in extent to the number of natives that had or was about to
emigrate. The provisions of this treaty were accepted on the part of Georgia ; and on
such acceptance your memorialists -humbly conceive, that her title and her possession
were so strongly vested, that without her consent she could "not be affected by subse-
quent negotiation. If a census of the nation had been taken in 1818, in conformity to
the provisions of the treaty, Georgia would have come into the immediate and uninter-
rupted possession of at least one third of that part of her territory originally occu-

RESOLUTIONS. 1819. ^2B

pied by Cherokees. How we can be defeated of the interest, and divested of the title ln*he House
r J m ofRepresen-

which resulted from the treaty, becomes a point of inquiry and of feeling importance. tatives.

Your memorialists acknowledge the legality of no measure which seeks thus to defeat
or divest them. On the contrary, they insist upon the validity and execution of that
contract, in all instances in which it conveys a benefit. But on the face of this treaty is
contained a feature, against which your memorialists remonstrate and protest. The grant
of reserves in uJee simple" to Indians, is an act which your memorialists view as not
only violatory of -the compact between the United States and Georgia, but an infringe-
ment of our rights, and an exposure of our citizens. To the grant of " fee simple" title
we attach technical definition. One of the consequences of such grant is, power of aliena-
tfon. Then, in the event of alienation by the reserve, where is the power of the United
States .to extinguish " for the use of Georgia1' the title to such reserve ? .

Your memorialists beg leave further to call in question the articles of convention be-
tween the United States and the Cherokee nation of Indians, concluded on the 27th
February, 1819. We consider these articles as furnishing a fair subject for the animad-
version of Georgia. They profess to nullify, in a great degree, the provisions of the
treaty of 1817, and to set up their own provisions* as substituted therefor. As objec-
tionable as the original was, this substitute is the more so. If the grant of reserves in
the first furnished grounds, of complaint, those in the last are much .more offensive j for
the possibility of reversion is not retained. Shall we be told that all these measures
find their justification in policy, and their apology in benevolence ? Shall this treaty be
passed upon us in the imposing form of humanity, and we compelled to subserve its
views, and pay blind obedience to its commands ? We trust that we may be heard ; and
that if in uttering our complaints we shall speak with an unbecoming boldness, our ex-
cuse may be found in the extended catalogue of Indian aggression, and the aggravated
series of frontier suffering.

This last treaty purports to be founded upon a sufficient consideration, to amount to
a fair equivalent for the interest relinquished. This may be true, and still injustice done.
If upon the ratification of the first treaty, no interest had vested in Georgia, or if no
party had been connected with the contract except the United States and the Cherokees,
it might be granted that the same parties had a rigRt to revise, alter, or even set aside
such contract. But situated as we are, we claim to have been benefited, by a positive,
vested interest, and we complain of the attempt to defeat that interest by the second
treaty. The consideration of this treaty is, in fact, paid by the state of Georgia, and
yet she does not receive a fair equivalent. A territory is secured, inconsiderable in point
of extent, more inconsiderable hi point of value, and still more inconsiderable by reason

1226 RESOLUTIONS.* 1819.

In the House of being mutilated and crippled by the grant of reserves- By this same treaty, the
of Represen- . . ,

tatives. United States acquired for Tennessee, a tract of country great in extent, and still greater

in value and importance. The growth and prosperity of a sister state affords gratifica-
tion to Georgia. We are excited by no jealousies, actuated by no feelings of competi-
tion. But when favours are dispensed, we hope to see them administered by the steady
hand of impartial justice. Such admeasurement would'have afforded us a better interest,
and been in furtherance of a solemn contract.

Your memorialists respectfully solicit, that commissioners acting under the authority
of the United States, may treat with the Creek and Cherokee nations of Indians, for
further cessions of territory for the use of Georgia.

House of Representatives, •
Saturday, 11th December, 1819.

Resolved, That a copy of this remonstrance be. forwarded to the President of the
United States, one to the senate of the United States, one to the house of representa-
tives, and one to each of the members of Congress from this state.

Resolved, That the members of Congress from this state be requested to make use ef
the necessary exertions for carrying into effect the objects of this remonstrance. •
Approved, 22d December, 1819. 4

IN THE HOUSE OF REPRESENTATIVES,

27th November, 1819.

(No. 272.) The joint committee on the state of the Republic, to whom was referred the petition
of sundry citizens of Walton county, beg leave to

Report, That they have had under their consideration the petition of sundry citizens
of what was formerly Walton county, in this state, and the accompanying documents,
and are of opinion that it would be unreasonable and improper for the state of Georgia
to compensate the said petitioners for their alleged losses of land and other property*
Approved, 14th December, 1819.

RESOLUTIONS, 1819. . 1227

In the House

IN THE HOUSE OF REPRESENTATIVES, of Represen-
tatives.
11th November, 1819.

Whereas, a resolution of the General Assembly of this state .was passed and ap- (No. 273.)
proved the 7th day of December, 1812, appointing David Blackshear and Noah Stringer,
Esquires, commissioners for the county of Laurens, in the room of Benjamin Adams
and Jethro B. Spivey, resigned ; and further appointing Amos Love and Neill Munroe,
Esquires, commissioners for the county of Laurens; without defining the duties required
of the said Amos Love and Neill Munroe : And whereas the said Amos Love and
Neill Munroe have taken upon themselves and performed the duties of commissioners
of the court-house and other public buildings for the cojunty of Laurens, under the assur-
ance of the then representation of the said county, that such was the true intent of the
said resolution : • •

Be it therefore resolved, That the appointment of the said Amos Love and Neill
Munroe, commissioners for the county of Laurens, by the resolution aforesaid, be re-
ceived and construed to be commissioners of the court-house and other public buildings
for said county, as fully and effectually as though «the same had been therein expressly
named. *.■■'-

Approved, 23d November, 1819.

IN THE HOUSE OF REPRESENTATIVES,

26th November, 1819.

Resolved, That the Governor be authorized to appoint two commissioners, with (No. 274.)
necessary assistants, to explore ^the Oquafenoco swamp, and to report to the next legis-
lature the probable quantity, the quality and situation of said swamp ; and that his ex-
cellency pay the charges that may accrue thereby, out of the contingent fund.
Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

27th November, 1819.

The joint committee of finance, to whom was referred the petition of Caty Thrift, (No. 275.)
beg leave to Report, that they have performed the duty assigned them, and after due
investigation of the subject, are of opinion that the prayer of the petitioner is just and
reasonable, and ought to be granted. Your committee therefore recommend the adoption
of the following resolution :

7 R 2

!228 RESOLUTIONS. 1819.

In the House Resolved. That the sum of forty dollars be appropriated to Catv Thrift, the widow and
of Represen- ];a . J ...

tatives. relict of William Thrift, deceased, and the three orphan children of said Thrift, in con-
formity to a law passed in favour of the widows and children of the unfortunate and
deceased soldiers.

Approved, 14th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

November 27th, 1819.

(No. 276.) The joint committee on the state of the Republic, to whom was referred the commu-
nication of his excellency the Governor, of the 26th instant, and documents relating to
molestations offered by the Indians to the surveyors now employed in surveying the
territory lately acquired of the Creek Indians, recommend the following resolution :

Resolved, That his excellency the Governor be authorized .and requested, without de-
lay, to remedy the evils complained of, by the removal of all Indians from the territory
now under survey, and that he give'facility and protection to the operations of the sur-
veyors, by procuring the aid of the federal troops, if possible. — if not, by detachments of
militia. . '

Resolved further, That his excellency the Governor communicate to the agent of In-
dian affairs for the Creek nation the information received, and the foregoing resolution,
requesting that he aid in the removal of said Indians as speedily as possible, and that he
use every and all the means within his control, to prevent further interference or mo-
lestation.

Approved, 6th December, 1819. .

IN THE HOUSE OF REPRESENTATIVES,

2d December, 1819.

No. 277.) The committee appointed to take into consideration the petition of Joseph Cook^ after

considering the same, are of opinion his prayer is reasonable in part, therefore beg leave

»
to offer the following resolution :

Resolved, That his excellency the Governor be, and he is hereby authorized and re-
quested to pay Joseph Cook the sum of two hundred dollars, out of any money that
now is, or may hereafter be in the treasury, not otherwise appropriated ; and that the
same be placed in the appropriation law.

Approved, 18th December, 1819.

RESOLUTIONS. 1819. 1229

In the House
IN THE HOUSE OF REPRESENTATIVES, of Represen-

3d December, 1819. tatlVeS-

Resolved, That in consequence of the ill health of Charles Smith and of Daniel F. (No. 278.)
McNeal, (who were appointed to survey districts during the last session of the legisla-
ture,) a farther time of three months from the first day of January next, be granted
them for the purpose of accomplishing the objects of their appointments.
Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

11th December, 1819.

The joint committee to whom was -referred the consideration of a communication (No. 279.) •
from the treasurer, relative to the tax act of this state, so far as it affects the Branch
Bank of the United States, beg leave, from various considerations, to recommend the
adoption of the following resolution, viz :.

Resolved, That the law imposing a tax on the chartered banks, and offices of discount

and deposit, within this state, do continue in force and operation, but that the treasurer

do suspend, for the present, any execution or executions liable to be issued under the

, same, so far as respects the office of discount and deposit of the Bank of the United

States.

Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

14th December, 1819.

The committee of finance, to whom was referred the communication of James Boze- (No. 280.)
man, Esq. comptroller general, with the accompanying documents relative to the petition
of Mariah F. Bixby, administratrix of the estate of Nathan Bixby, deceased, of the
county of Camden, beg leave to Report, that they have taken the same into considera-
tion, and believe the prayer of the petitioner is reasonable, and ought to be granted ;
They therefore recommend the adoption of the following resolution :

Resolved, That his excellency the Governor be, and he is hereby authorized to issue
his warrant on the treasury in favour of Mariah F. Bixby, administratrix of Nathan
Bixby, deceased, late of Camden- county, for the sum of thirty-seven dollars and ten

1230 RESOLUTIONS. 1819.

In the House cents, to be paid out of any monies not otherwise appropriated, and that the same*be
of Represen- . '■ ^ . . ...

tatives. provided tor m the appropriation law.

Approved, 18th December, 1819.

" IN THE HOUSE OF REPRESENTATIVES,

14th December, 1819.

(No. 281.) The committee to whom was referred the communication from the treasurer, relative
to the neglect or omission of the Planters' Bank of the state of Georgia, 'to make a re-
turn agreeably to the requisitions of the tax act of this state, recommend the adoption of
the following resolution, viz :

Resolved, That the treasurer be authorized to receive the return, under the tax act of
this state, of any bank or banks which may not have made their return or returns with-
in the time required by law ; Provided, such return be made on or before the last day of
January next, and that it should appear to the said treasurer, that the omission or neglect
to make such regular return, has not arisen from any spirit of opposition or non-com-
pliance with the law requiring it.

Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

13th December, 1819.

(No. 282.) Resolved, That his excellency the Governor be authorized to draw upon the con-
tingent fund, for a sum sufficient to provide for the necessary improvements and repairs
on the house and lot owned by the state, and occupied by the Governor.
Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

13th December, 1819.

(No. 283.) The joint committee on the state of the Republic, to whom was referred the commu-
nication of his excellency the Governor, and accompanying letter from the honourable
John Quincy Adams, both upon the subject of claims in bejialf of the citizens of Geor-
gia against the Creek and Cherokee Indians, beg leave to recommend the following

I *

resolutions :

j>^.

RESOLUTIONS. 1819. 123 1

Resolved- That his excellency the Governor do appoint three fit and proper persons &1 the House
7 J 1 L l l ■ of Represen-

as commissioners on the part of this state, to proceed, under the directions of the Presi- tatives.

dent of the United States, to the Creek and Cherokee nations of Indians, and demand
satisfaction of all claims in behalf of the citizens of Georgia, for which satisfaction has
been promised in the several treaties of Augusta, Galphinton, Shoulder Bone, New-
York, Colerain, Hopewell and Holston. And, that said commissioners may be the
better enabled to effect the important objects of their mission,

• *

Be it further resolved, That his excellency be requested to procure and furnish said
commissioners all the evidence of said claims which can be procured in any of the
offices of state ; and that he be further requested, if possible, to procure from the Presi-
dent, of the United States an authority, that said commissioners, with any others that
the President may think proper . to appoint, may treat with said tribes of Indians for
territory, the consideration to be retained to sufficient extent to satisfy the claims of our
citizens.

.And be it further resolved, That in the event of failure to procure for said commis-
sioners an authority to treat for territory, that said commissioners insist upon a restora-
tion of all property now in the hands of the Indians, belonging to the citizens of Geor-
gia, and upon an equivalent for all property taken by said Indians from Georgians,
which cannot now be found or identified. And that such equivalent may be secured,
that the commissioners be directed to insist upon drafts upon the annuities due by the
United States to said tribes of Indians.

Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

13th December, 1819.

Resolved, That the sum of seventeen dollars sixty-two and a half cents be appro- (No. 284/
priated, out of any money in the treasury of this state not otherwise appropriated, to A.
Summers, jailor of Twiggs county, for the apprehension and bringing to jail the body
of Henry Goff, for horse-stealing in the adjoining unlocated territory, and attending the
prosecution and imprisonment of the said Goff, in conformity to an act of the legislature
of 1814, as applicable to the commission of criminal acts in the unlocated territory of
this state.

Approved, 18th December, 1819.

1232 RESOLUTIONS. 1819.

In the House i x<

of Represen- IN THE HOUSE OF REPRESENTATIVES,

13th. December,' 3 819.

tativrs.

(No. 285.) The joint committee on internal improvement, having taken into consideration the va-
rious documents referred to them, Report — That in the investigation they have made,
they have been compelled to remark, that the want of science and experience has been
severely felt in almost every attempt which has been made to improve the navigation
of our water-courses. We hope, therefore, that the. present .session of the legislature
will not lie suffered to pass by, v/ithout some attempt being m'ade to call in to our aid
the talents and experience of the most enlightened persons on this subject. At the
same time, we would remark, that much good appears to have resulted from the efforts
of some of our commissioners, and indeed, in a few cases, there appears little to be
desired.

We have experienced much difficulty in forming our opinions on the reports we have
received. The accounts of work done, and of the obstacles still to be overcome, have t
been too much in. the gross. More detail on these subjects, and on the subject of ex-
penditure, are very essential in reports of this kind.
, %

With regard to the Savannah river, from#Augusta down, we have the pleasure of
stating, that an efficient use of machinery appears to have beerf introduced into their
system of operations. Much has also been done towards ascertaining the present exist-
ing obstacles to the navigation of this river.

From Augusta to Petersburg there appears to have been little done. Some partial
surveys, however, appear to have been made, and several ineffectual attempts to procure
the counsel and aid of the state of South Carolina.

Skill and Industry appear to have been used in the work from Petersburg to Ander-
sonville.

From "Andersonville to Panther creek they appear to Ijave done well. They ask no
additional appropriation.

On the Altamaha, from Darien to the confluence of the Oconee and Ocmulgee rivers,
we have a report of some length, with a request of a further appropriation of money.
From our ignorance of the obstacles to be removed, and our uncertainty with regard to
the system pursued by the commissioners, we are induced to recommend that a further
appropriation be put off till a future day, when a better knowledge of the subject will
enable a future legislature to act more effectually with regard to it.

&•

gjTMfci

RESOLUTIONS. 1819. J23,

The Oconee river, from its mouth to Holt's ferry, is represented as being in a state of In the House

. ofRepresen-

progressive improvement, tatives.

With regard to the survey directed to be made from the Altamaha to Turtle river,
We have to remark, that the object intended to be accomplished by this measure appears
to us very important. But the survey made does not appear sufficiently accurate to
authorize the large appropriation requisite to effect the opening of a canal. And this is
the more confirmed, as the commissioners appear in doubt whether the Turtle or Sapelo
river affords the best destination for such canal.* It may also be desirable to receive
from individuals proposals for executing this project in consideration of some certain
tolls.

From the Ocmulgee river, we have a' report, from which it appears that considerable
improvements are going on in that stream. The plan of, buying slaves with a part of
their capital, appears to have been pursued by the commissioners engaged in this under-
taking.

Approved, 22d December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

-,*y 14th December, 1819.

The joint committee of finance, to whom was referred the petition of William Foard, (No. 286.)
having taken said petition into consideration, are of opinion that the branch of govern-
ment to which he has applied is not the one authorized to grant the sought for relief,
beg leave to recommend the adoption of the following resolution :

Resolved, That William Foard be permitted to withdraw his petition and accompany-
ing documents.

Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

17th December, 1819.

Resolved, That his excellency the Governor be, and he is hereby authorized and re- (No. 28 T.)
quired, at the earliest practicable time after the returns of the names of persons entitled
to draw, in conformity to the act regulating the disposition of the last acquired territory,
shall be completely made to the executive office ; and previous to the time when the lot-
tery (the drawers in which have already enlisted) shall go into operation, minutely to

7 S

1234

RESOLUTIONS. IS 19.

in the House examine, or cause to be examined, the returns from the several counties of this state, oi
ofRepresen-

persons entitled to a draw or draws by any law since the passage of the act of the 15th

December, 1818, disposing of and distributing the cession of land obtained from the

talives.

Creek and Cherokee Indians, and to cause all such draw or draws to be placed and ar-
ranged to his, her or their name or names, as exhibited upon the first returns.
Approved, 20th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

14th December, 1819.

(No. 288.) The joint committee of finance, to whom was referred the communication of James
Bozeman, Esquire, to the house of representatives, relative to the tax collectors who are
in default in this state, beg leave to Report — That they have taken the subject matter
into consideration, and find that the tax collectors are in arrears to a very considerable
amount. This committee view it as an evil in the community, that while the tax col-
lectors of many counties, who feel the strong obligation of duty in the faithful and strict
compliance with the conditions of their bonds under the law, so many other public offi-
cers of that description seem totally regardless of law, justice and duty. Your com-
mittee, in receiving the formidable list of defaulters, are imperiously called by duty to
afford that view of the subject which will reflect light thereon, while the equitable prin-
ciple of equality in taxation is kept in view. While many of the most populous and
wealthy counties in this state, through their officers, make returns of their taxes, there
are found a goodly number, both of the upper. and lower sections of the state, who have
been wanting in their duty. Your committee .therefore recommend the adoption of the
following resolutions, with a special view of enforcing the strictest conformity to the
laws now in existence on the subject :

Resolved, That the comptroller general and the treasurer of this state do forthwith
issue executions against all defaulting tax collectors within this state, and their securi-
ties, and cause the same to be placed in the hands of the sheriffs of the respective coun-
ties in which said defaulting tax collectors may reside ; and that it shall be the duty of
the treasurer to inform the attorney general and the solicitors general in their respective
circuits, of the names of such defaulting tax collectors, and their securities, and that
executions for the same have been issued, and placed in the hands of the sheriffs of their

respective counties for collection.

Resolved, That it shall be the duty of the treasurer to give to the attorney or solici-
tors general of their respective districts, a list of such defaulting tax collectors, or their
securities, against whom treasury executions have issued, and have not been returned

RESOLUTIONS. 181*). 1235

satisfied : And it shall be the duty of said attorney or solicitors general to ascertain and ln the House

ofRepresen-
inquire whether the same have, been collected, and if collected, by whom, and to take tatives.

such legal steps for the enforcement of this resolution as he may deem proper.

Resolved, That it shall be the duty of the attorney or solicitors general, as the case
may be, to whom said list' is furnished by the treasurer, to report to said treasurer, on
or before the meeting of the next legislature, the state and condition of each and every
execution, and the probability .of collecting the same ; and if the amount of any such
execution or executions shall be collected by the attorney or solicitor general, he shall,
on or before that time, pay the same over to the treasurer.

Resolved, That it shall be the duty of the treasurer to make his report to the next
legislature, whether there should be any default with the attorney or solicitors general,
in reporting to him in conformity with the provisions herein contained.
Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,
• • 4th December, 1819.

Resolved, That his excellency the Governor be, and he is hereby authorized, to ap- (No. 289.)
point two fit and proper persons to meet the same number appointed by Messrs. Bivins
& Cook, to ascertain the value of the arsenal built by them for the state ; and that the
persons so appointed be authorized and required to take under their consideration the
account now rendered by Messrs. Bivins & Cook, as it appears to be enormous in the
extreme : The commissioners so appointed to have power to call in a fifth person*, in
case of their disagreement. And the Governor is hereby authorized to draw his warrant
on the treasury for so much of the contingent fund of this state, as may be necessarv
to close the accounts of Messrs. Bivins & Cook, in conformity with said valuation.
Approved, 18th December," 1819.

.IN THE HOUSE OF REPRESENTATIVES,

13th December, 1819.

Tfie joint committee on the state of the Republic, to whom was referred the report (No. 290.)
of the agent of the state in regard to Africans illegally irtroduced into this state, having
examined such report and the accompanying documents, recommend the following reso-
lution :

1236 RESOLUTIONS. 1819.

in the House Resolved, That as far as the said report relates to Africans now under claim in the
of Represen- . . . ' . •

tatives. court of admiralty, that his excellency the Governor cause the case to be prosecuted

in the most energetic and efficient manner possible, for the benefit of the state of Geor-
gia ; and that as regards the custody of the negroes, he adopt the course which he may
deem best calculated for their security, and attended with the least expense.

Resolved further, That in relation to those negroes to which no claim has been put in,
his excellency communicate with the counsel employed in the other cases, as to the ne-
cessity of said negroes being libelled and condemned previous to any disposition being
made thereof ; and in case such proceeding' be thought necessary, that his excellency
cause the same to be instituted "without delay.

The committee have examined the account of expenses incurred by the agent in the
prosecution of his duty, and find that the same is supported by proper and correspond-
ing vouchers.

Approved, 18th December, 1819.

IN THE HOUSE OF REPRESENTATIVES,

18th December, 1819.

(No. 291.) Resolved, That his excellency the Governor be, and he is hereby authorized, to
settle, out of the contingent fund, the accounts of Dr. William Greene, who was em-
ployed as a surveyor by the late Governor Rabun, provided any thing should appear to
be due, and that the propriety of said accounts be left to two men selected by the par-
ties,* which referees shall have the power of umpirage.
Approved, 20th December, 1819.

END OF THE RESOLUTIONS,

■

Ifo.n ..^-«^_. ....._ ^ V , ' _-* .i .-.„. ., _ _. Mh*-*1

INDEX TO THE LAWS.

ACADEMIES,

Commissioners of, how appointed, 1072

Union Academy, certain mortgages to the trustees of, legalized, ... 1

the property and funds of, transferred to Eatonton Academy, 1 1

Sunbury Do. certain land adjoining Sunbury granted to, .... 2

Waynesborough Do. commissioners of, authorized to sell certain land, adjoining

the town, .......... 2

glebe land of Burke county to be sold for the benefit of, . 3

trustees of, authorized to sell certain land in Camden county, 3

Powelton Do. trustees of, incorporated, 4

Richmond Do. a branch of, to be established at the Sand Hills, . . . .5

trustees of, authorized to lay off and sell a range of lots in Augusta, 14

authorized to lay off a street, to be called Watkins street, 15

their sales of said range of lots confirmed, . . 16

authorized to lay off and sell other lots in Augusta, 16

authorized to use a common seal, .... 28

their acts, hitherto done without a seal, legalized, . 28

authorized to convey a lot to the Roman Catholic Society, 822
authorized to convey-one to the Protestant Episcopal

Church, 836

authorized to convey one to the Baptist Society of

Augusta, 838

Monticello Do. trustees of, appointed and incorporated, ..... 6

Madison Do. incorporated, . . . . . . . . • 7

fines, &c. on criminal prosecutions in Morgan county, granted to, 29

Marion Do. trustees of, appointed and incorporated, ..... 3

may purchase to the amount of ^1000, at any sale of confiscated

property, .......... 9

vacancies, how filled, . . . °# ° ■ • * .21

7 T

3238

INDEX.

Ocmulgee Do.
Laurens County Do.

Greehsborough Do.

PA6B

commissioners of, authorized to sell six lots in Milledgeville, 14

trustees of, shall fill vacancies in their own body, . . 17

a lottery authorized for, ....... 18

commissioners of, how and when elected, . . 19, 978

vacancies among the commissioners of, how filled, . 19

Jrustees of, nominated and incorporated, . . . .20

trustees of, incorporated, . . . . . . 21

trustees of, incorporated, . ; . . . .22

trustees of, incorporated, ...... 23

may be removed to J-.-fferson, . . . . . .25

bank stock of, not to be resorted to, for defraying expenses, 25

. 25

. 27

233

1021

, 29

ACADEMIES,

Eatonton Do. trustees of, appointed and incorporated, ......

funds', 8cc. of Union Academy transferred to, . .

Washington County Do. commissioners of, authorized to sell a lot in Sandersville,

commissioners of, appointed and incorporated, Sec.
Warrenton Do, trustees of, appointed and incorporated,

Baldwin Do.
Meson Do.
Elbert County Do.
Giynn County Do.
Mcintosh County Do.
Jackson County Do.
Sardis Do.,
Sparta Do.
Hillsborough Do.
Camden County Do.

two additional commissioners of, appointed,

trustees of, incorporated, ......

trustees of, incorporated, . . . . .

a lot in Dublin to be conveyed to, Sec. . . •
commissioners of the town and academy made distinct,
commissioners of, appointed, .....

fines, Sec. on criminal prosecutions, in Greene county,
vested in, .........

fines, Sec. on criminal prosecutions, vested in, . . *

Wilkes County Do.
ACCESSORIES,

Dt fined, and how punished,
ACCOUNTS,

Wnen proveable on oath, in justices' courts,
ACTIONS. (See Limitations.)
ADMINISTRATORS. (See Executors.)
ADULTERY AND FORNICATION,

How punished, ......

AFFRAYS,

D< fined, and how punished,
AFRICANS. (See Slaves.)
ALIENS,

Exempt from military drafts and military duty,

Not exempt from certain local duties, Sec. .......

Exemption only allowed to the subjects of those governments which extend the
like privilege to i^nerican citizens ........

566, 603, 646, 656

. 371

30-1

,282

640

593, 638
1241, 1254

43
43

INDEX. i^9

PAGE

ALIENS,

Masters of vessels arriving at the port of Savannah, during the sickly season, with

foreign passengers, what to do, ......... 44

Powers of the corporation of Savannah, relative to such passengers, . . 44-5

ALLEVIATING LAW,

Of 1812, (expired) 33

Of 1813, supplementary to, and amendatory of the act of 1812, (expired) . 36

Of. 1814, (the 4th, 5th, 6th and 7th sections thereof repealed) . . . 39-41

ALTAMAHA. (See Navigation.) 5 IS

APPEALS,

The trial of, in justices' courts regulated, . . . . . . . . 369

May be entered at the next regular term, after a failure to hold any adjourned court, 346

AjPPLING, VILLAGE OF,

Incorporated, ............. 1027

APPROPRIATION ACTS, ♦ \

Act of 1811, • . . . . . 47

of 1812, 49

of 1813, T ..... 50

of 1814, 42

of 1815, 56

of 1816, \ . .58

of 1817, ......*.. 61

of 1818, 64

of 1819, 66

(For other appropriations, see Navigation.)

ARRAIGNMENT,

Regulated under the penal code, . . . . . 604, 647

ARSON,

Defined, and how punished, . 573, 620

ASSAULT,

Defined, and how punished, . . . • . . . 571, 619

With intent to murder, how punished, ........ 572, 619

ASSIGNMENTS,

In trust, by insolvent debtors, declared void in certain cases, . . 248

ATHENS,

An act for the better regulation of, ...... . 1006

ATHEISTS,

Incompetent as witnesses, &c. (penal code of 1816) . , . . . 566

ATTACHMENTS,

In justices' courts, regulated, . 369, 370

The act of 1799 relative to, amended, 69

Claims to personal property attached, how made, returned and tried, . . 69

Land not subject to attachments, issuing and returnable out of the county where

the land lies, ....... .... 70

7 T 2

•

,m**mmk

i£40 INDEX.

PAGE

ATTACHMENTS,

Claims to land attached, how tried, 70

Garnishee not compelled to answer out of the county where he lived at the time

the attachment was served, . . . . . . . 70

Bonds, notes, &c. held by garnishee, how disposed of, ...... 70

Attachments not to abate by the death of either party, where the cause of action

would survive, . . . ... . . . . . . . 70

Parties, how made, . . . . . . . . . . 71

how made in justices' courts, . 71

Evidence may be procured by interrogatories, .71

Attachment first served, first satisfied, ........ 71

No lien created by, to the exclusion of older judgments, ..... 71

Property attached may be restored, upon the defendant's giving security in double

the amount of the debt, ............ 72

Defendant may file his defence, without replevying; 72

Attachments may issue in certain cases, when the debt is not clue, . . . 72

A friend of an absent^ebtor may give special bail, and defend the attachment, . 73
ATTORNIES, •

When liable for costs, 381

Maybe stricken from the rolls, in certain cases, . . . . . . .381

AUGUSTA,

Encroachments in the streets of, how prevented and removed, .... 990

Surveyor general required to lay off and define the streets in, . . . . 990

Certain Jobholders in, relieved, . . . . . . . . . 992

R<. Ms-, how collected in, . . . 741

The possession of rented premises, how recovered in, ..... 743

Flour inspection established in, ......... . 329

Trustees of Richmond Academy authorized to lay off and sell a range of lots in, 14-16
Said trustees to lay off a street in, to be called Watkins street, . . . 15

Fire company of, increased, 837, 856

Act to establish a Mayor's Court in, 993

Said act amended, 994

Female Asylum of, incorporated, . . . . • . . . . . 853

City Council and Change Company relieved from certain penalties, . . .111

Jurisdiction of the mayor and city council extended, 100O

Wharf Company of, incorporated, ......... 858

See Churches and Vendue Masters.
BAKERS,

How punished for selling unwholesome bread, &c. ..... 600, 641

for selling bread under assize, ....... 643

BANKS, INCORPORATED,

When to resume specie payments, ......... 103

Their bills under g 5 to be paid in specie, or in small bills issued by the chartered

banks, 105

**^— *—

INDEX.

BANKS, INCORPORATED,

Twenty-five per cent, recoverable, on their failing to do so, .
Planters' Bank, act incorporating, amended,

directors of, authorized to remove from Savannah, and transact

business in any part of the state, under certain circumstances,

Bank of the State of Georgia incorporated, .......

Act of incorporation amended, . .

Darien Bank incorporated, ..........

a part of the free school fund to be vested in the stock of,
a part of the internal navigation fundto be so vested,
appropriations for instalments in, . . .
Tax upon bank stock, .......= ...

(See Index to the Resolutions.)
BANKS, UNCHARTERED, AND CHANGE BILLS,

{Tax act of 1815, for 1816.)
Change bills for gl, or under, hereafter issued, taxed 20 per cent,
Forfeiture for not making a return thereof, .......

Returns, how made when the bills have been previously issued,

A tax of eight per cent, to be paid on such previous issues, . . ,

{Act of 1816)
No company, &c. not chartered as a bank, shall issue bills of §2, or upwards,
If issued, holders may recover 25 per cent, over and above their value,
The holders of change bills under §2, hereafter issued, (except by the chartered
banks,) may recover treble the amount thereof, ......

Change bills issued previous to this act, to be returned to the tax receiver, .
Twenty per cent, tax thereon to be paid, . . . .

Forfeiture for not making returns, ........

Where no return is made, the holder may recover treble the amount,

{Act of 1818: amendatory of the foregoing acts.)
Persons who incurred the penalties of said acts relieved (proviso,)
Except those who continued to issue after the 1st of March, 1817,

{Tax act of 1 817 for 1818)
Unauthorized issuers of bills to make a reiurn thereof, ....

Shall pay a tax of 2§ per cent. On the amount in circulation, ....

Returrre regulated, when the bills purport to be issued out of the state, and any of
the signers live in the same, .........

{Jet of 1818.)
Banking business by any unauthorized person or company, prohibited after the
1st of January, 1820, . . . . . . . . , . .

$1000 to be forfeited for a breach of this law, .......

how recovered and disposed of, ........

What shall constitute separate breaches, , .....

1241

PAGE
. 105

74,83

102

889

884
884
884
884

103
103

104
104
104
104
104

105
105

891
891

891

107
107
107
108

1242 INDEX.

PAS*

BANKS, UNCHARTERED, AND CHANGE BILLS,

If such persons, &c. after said time fail to pay their bills in specie, or in bills of

the chartered banks, the holder may recover 2£ per cent, per month thereon, 108
Persons who had not kept a bank office, or emitted bills, prior to the 1st of No-
vember, J8"18, not authorized by this act to do so, 108

Forfeiture for so doing, . . . . . . . . . .109

Penalty for emitting change bills under gl, . 109

(Tax ajcts for 1819 and 1820.)
Change bills taxed 31£ cents on every $100 in circulation, . . . . 892

Bills of unchartered banks taxed the same, .... ... 892

An act to relieve certain change-bill issuers, • 110

An act to relieve the City Council and Change Company of Augusta, . . .Ill

BARRATOR, COMMON,

How punished, 591, 636

BASTARDY, 595

BASTARD CHILDREN,

Mothers attempting to conceal the death of, how punished, . . . 569, 61 7

Persons advising a woman, pregnant with a bastard child, to kill it, and after its

birth she does so, how punished, ....... 570, 617

When a woman dies intestate, leaving none but illegitimate children, her estate •

shall descend to them, 276

Their estates, how disposed of, when they die intestate, '. . . . 276

BATTERY,

Defined, and how punished, 572, 619

BEACONS,

Punishment for injuring, &c. '. 644

BENEFIT OF CLERGY,

Abolished, . • • # 607> 650

BESTIALITY,

How punished, . . 571, 618

BIGAMY,

How punished, . ... .. . 595,639

BOAT HANDS,

An act to regulate boats and boat crews, on Savannah river, from Augusta upwards 1 12
Owners and patroons of boats passing between Savannah and Augusta, shall not

permit their hands to put on board any produce, or to traffic therein, . . 113
Such owners, Sec. liable to fine and imprisonment for so permitting them, . .114
Said provisions extended to all navigable rivers, &c. . . . . . . 114

Offenders, where to be tried, . . . . . . . . . .115

BOUNTY WARRANTS,

One to be issued in the name of Benjamin Scott, ...... 244

One in the name of Bueman Adare, . . 246

One in the name of Aaron Gust, 247

INDEX

1243

BRIBERY,

How punished,

BRIDGES,

Public, the building of one across Little river, at Butts', provided for,
over streams dividing counties, how built, .
repairing of, provided for, ......

587, 632

. 781

789

. 789

what to be done, when a commissioner to let out a bridge becomes under-
taker, or a security, . . . . . . . - . . . 789

persons, injuring, Sec. how punished, 602, 645

Toll, one over the Ohoope vested in Sarah M'Leod, . . . . . .116

over the Oconee vested in Paschal Harrison and the heirs of George Ciuff, 1 17
across the Oconee vested in Joseph Cooper, . . . ^ . .118
across the Savannah river vested in M'Kinne and Shultz, . . . 119
across Savannah river vested in John Beck, . . . . . . 121

across Beaver-dam creek, in Scriven county, vested in William Smith, 122

across the Oconee vested in James Rousseau,
BRIER CREEK. See Navigation.
BROAD RIVER. See Navigation.
BRUNSWICK AND FREDER1CA,

Act for the regulation of, amended, . . •

Commissioners of, authorized to collect a tax upon the lots in,

Collector of the port of Brunswick compensated for seizing certain Africans,
BURGLARY,

Defined, and how punished, . , . . , .

BURNING,

I?ences,tstacks of corn, Sec. offenders, how punished for, ....

Houses, do. do. . .

BUTCHERS,.,

How punished for selling unwholesome meat, See. .....

CANALS,

Commissioners of the river Altamaha authorized to cut two5

One to be cut from Ogechee to Savannah river, ......

CARNSVILLE,

Act »:o incorporate, amended, .
CATTLE STEALING,

Huw punished, ....,., , . .

CAVALRY. See Militia.
CENSUS,

An act to provide for the taking of, .......

QERTIORARIES AND INJUNCTIONS,

Prerequisites to the granting of, ......„„

May be granted by a judge out of his circuit, in certain cases.

124, 125

977, 978

902, 924

819

574, 629

601, 645
573, 620

641

127
. 128

1053

576, 623

131

133, 134

134

1244 INDEX.

CERTIORARIES AND INJUNCTIONS,

What snail be a sufficient service of an injunction, when the defendant resides out

of the state, 134

Injunctions open for argument at the first term, 134

shall be disposed of at the second term, * 134

a second one not to be granted after the dissolution of the first, . .134
CHALLENGES,

Punishment for giving, or accepting, . . .' . . . . 593, 656

Bearers of, how punished, t 593. 657

Persons calling another a coward, Sec. for not accepting, how punished, , 594, 638
CHANGE BILLS. (See Banks, Unchartered, Sec.) . . . . .103

CHEATS AND SWINDLERS,

How punished, . 599, rah

CHURCHES,

Roman Catholic Society of Augusta incorporated, . . . . . . 822

trustees of Richmond Academy to convey a lot to said church, . . 823

may rent out the unemployed part of said lot, ..... 840

Greenwood Church, in Lincoln county, incorporated, . . . . . . 823

Protestant Episcopal Society of Augusta incorporated, . . . . . 836

trustees of Richmond Atademy to convey a lot to them, . . . 836
a burial ground vested in said society, . . . . . . 848

act of incorporation amended, ........ 856

Baptist Church in Augusta incorporated, . . . . . . . . 838

trustees of Richmond Academy to convey a lot to, 838

Newport Baptist Church, in Liberty county, incorporated, . . .' . 839

Churches in Augusta authorized to rent out their lots, . . . ' . 840

Baptist Church at Bathesda, in Greene county, incorporated, .... 843
CIRCUITS, JUDICIAL, 4

The state laid out into six, . . . 361

CLAIMS,

To property under executions from justices' courts, .... 371, 382

To property attached, how tried, Sec. . . . . . . . . 69, 70

Claimants of properly levied on shall give security in treble the amount the debt, 139
When the property is found subject, and the claimant fails to deliver it at the day

of sale, what to'be done, * . 139

CLERKS,

Of Pulaski, not compelled to keep their offices at or within one mile of the court, 135
Of Emanuel county, not so compelled, ........ 204

Of Franklin, Clark and Jackson counties, certain acts done by their agents legalized, 288

Acts of, in certain cases, legalized, 145, 154

Acts of Agnus M'Donald, as deputy clerk of the Superior Court of Wayne county,

legalized, ............. 147

INDEX, i245

CLERKS,

Not required, as heretofore, to deliver a schedule of their official papers to the

Inferior Courts; ........... 148

Shall deliver their books, &c. to their successors in office, in five days after they

are qualified, . . . . . . . . . . . 148

Subject to the rule and order of court, though out of office, . . . .149

Of Bryan county not to be hired out of the county funds, . . . . 149

Of the middle judicial circuit, their acts legalized, ...... 153

May appoint deputies, 159

Of Columbia, acts done by their agents legalized, ...... 160

Of Montgomery, not compelled to keep their offices at or within one mile of the

court-house, . • # • • 166

Of the Superior and Inferior Courts, when elected, 138

shall take the oath, and give security in a certain time, or a new

election to be ordered, . . . . . . . .141

their duty relative to county funds, 151

how liable for concealing or misapplying them, . . . .151

vacancies of, how filled, ... . . . . ... -. 161

of Wilkinson county compelled to keep their offices at, or within

one mile of the courthouse, . . . . . . 136

of Glynn county shall keep their office within a mile of Brunswick, 156
Of ^the Superior Court, their duty under the law prohibiting the introduction of

slaves, ............. 653

Of the Inferior Court, how proceeded against for .detaining county funds, . .155
their duty on the trial of slaves, 8cc. . . . 797. 807

their duty relative to estray horses, . . . . . 280

their duty relative to pedlars' licenses, . . . 537, 538
their duty as to the registry of free negroes, . . . 813

Of the Court of Ordinary, how appointed, . . 137

their continuance in office, . . . . . 137

• may be appointed administrators de bonis non, in certain

cases, 284

shall give bond and security, . . . . .150

shall record any will, not solely intended for the manu-
mission of slaves, -. . . . . 801,812

CLINTON,

Town of, incorporated, . . . . . . . . . .• 1026

COMPANIES. .

Savannah Insurance Company incorporated, ..... . 824

Marine and Fire Insurance Company of Savannah incorporated, .... 831

the fifth section of the ?,ct"of incorporation repealed, 835

Fire Company of Augusta increased, . . . . . . . . 837, 85 6

Union Axe and Firemen of Savannah incorporated, . ... .♦ . . 842

7 U

1246 1NDEX"

0, PABi:

COMPANIES.

Axe and Firemen of St. Mary's incorporated, ........ 852

Unacoi Turnpike Company incorporated, ....... 744

Wharf Company of Augusta incorporated, . . . . . . . 858

Broad River Navigation Company incorporated, 501

Steam Boat Company incorporated, . . .510

Savannah Steam Ship Company incorporated, 523

A company for inland navigation, from Ogechee to Savannah river, incorporated, 128
Savannah River Navigation Company incorporated, ...... 525

(See Societies; also Navigation.)

COMMON BARRATOR, •

How punished, . . . . i « . . . ... 591, 636

COMPOUNDING OFFENCES, •

Punishment for, . . . .: . . . ... . . .. 591, 636

CONFISCATION.

Confiscated property to be reported to the legislature before sale, . . . 167
Duty and compensation of the commissioners of, . . . I . . .167
The act of confiscation, &c. repealed as to John M'Cormack, . . . 168

CONSPIRACY,

How punished, .591, 636

CONSTABLES,

Their duty, in serving warrants of justices' courts, . . . . . • . 369

in serving attachments, . . . . . . . . 369

Shall not levy on land or negroes, unless there be not other sufficient property,. 375

Their duty in such case, ............ 375

How compensated for carrying property to the place of sale, . . . . 375

How proceeded against for neglect of duty, and for not paying over. moneys, . 375

Their fees, 376, 322, 323

What may be done when a constable is party, or when there is none in any district, 377

May open and attend elections, in certain cases, ' 268

Their duty when property levied on is claimed, . . $ . . . . 1 39
Arresting a person on criminal process, shall secure so much of hifc property as

will defray costs, . . 139, 169

Shall take their oath of office, before whom, 152

Shall give bond and security, ......... 152, 163

Their bonds, how and when to be sued on, . . . . ■ '. . . .15 3

May open and attend Courts of Ordinary, in certain cases, . . ... 161

May pursue a person into any district in the county, and serve a bail or criminal

process, in certain cases, .......... 162

How punished for permitting escapes, &cv* . . . . . . • . . 635

CONSTITUTION,

Amendment of the fourth and fifth sections of the third article, . . . .171
Said amendment repealed, and another substituted, 177

INDEX.

1247

175
174
393

654

292
300
248

CONSTITUTION,

The first section of the third article amended, . . .

The fourth section of the second article amended, ......

An act to carry into effect the fourth and fifth sections of the,
CONSTRUCTION,

Of the penal code, . . . . . , . . .

CONVEYANCES. .

Deeds, which have been attested by one justice of the peace, or a clerk of the

Superior Court, and duly recorded, admissible in evidence,
Conveyances of personal property may be recorded, &c. ....

Conveyances in trust by insolvent debtors, void in certain cases,

Deeds, &c. of manumission void, . . . . . .... . .813

CONVICTIONS FOR SECOND OFFENCES,

Punishment in cases of, .......... 609, 654

CONVICTS. See Penitentiary.
CORONERS,

When elected, . . . . . . . . . • . . . 138

Shall be sworn and give security in a certain time, or a new election to be ordered, 141
May open and attended Courts of Ordinary, in certain cases, . „ . 161

COSTS,

Attornies liable for, in certain cases, ......... 381

Plaintiffs, in justices' courts, when liable for, . . . . . . 377, 386

In criminal cases, how secured, . . . . . . ... 139, 169

Prosecutor, when liable for, . . . . . . . . 604, 647

How paid, in case of acquittal, Sec. . . . . . . . . 647

COUNTERFEITING AND FORGERY,

How punished, . . 554, 533, 628

COUNTIES, COURT-HOUSES AND JAILS.

Appling County defined, ... . . 417

organized, . . . . . ' . . ... . .236

a part of, added to Telfair, ....... 234

a part of Washington county added to, 193

extra taxes for, . . . . . . 895,900,903,908,914

justices of the Inferior Court to select jurors for, . . 396. 402
site of the public buildings of, moved, . . . . .211

the old court-house and jail to be sold, . . , . . 211

clerks and sheriffs of, not to be hired out of the county funds, 149

the line between it and Emanuel defined, .... 204, 215

the records of the Court of Ordinary of, to be transcribed, . . 295
extra tax for, j .916

the line dividing it and Wayne made known, .... 195

a part of, added to Wayne, ...-.' • - . . . 195

extra takes for, ... ... 894,899,914

7 U 2

Baldwin Do.

Bryan Do.

Bulloch Do.
Burke Do.

Camden Do.

Clark Do.

,'•

i248 INDEX.

PAGE

COUNTIES, COURT-HOUSES AND JAILS.

Clark County, a part of, added to Oglethorpe county, ..... 200

a part of, added to Madison, 201

Early Do. defined, . . . . . . . . . . . 417

organized, 236

Effingham Do. an extra tax authorized for, . . . . . . 909

the old magazine in Ebenezer to be sold, ..... 909

Elbert Do. a new court-house to be built for, . . . . . . 221

extra tax authorized for, . . ... . . . . 904

a part of, added to Madison county, 240

Emanuel Do. an act to lay out, define and organize, ...... 197

said act amended, ......... 204

line between it and Bulloch defined, . • . . . 204,215

extra tax for, 205

jurors, how to be drawn for, . . . . . . . 398

site of the public buildings of, made permanent, . . . 210
two -additional commissioners of said buildings appointed, . .210

the old court-house, formerly of Montgomery, to be sold, . 215

public lots of, to be sold, . . . . . . . . 224

Franklin Do. the dividing line between it and Habersham, from Tugulo river

to Tate's bridge, defined, . . . . . . 239

a part of, added to Madison county, . . . . . . 240

also a part to Hall and Habersham counties, .... 226

Greene Do. an extra tax authorized for, ....... 913

Glynn Do. (See Elections and Roads.)

extra taxes authorized, ' . . 912, 932

court and jail of, how and where to be built, . . . . 912

power of the Inferior Court, relative to said buildings, . . 912

Gwinnett Do. defined, ........... 418

organized, . . . • .- • • • • ? • *6l

the line dividing it from Jackson and Hall counties altered and

defined, . ... 23-1

justices of the Inferior Court to choose temporary places of hold-
ing courts, 8cc. . . . . . . . . 234

extra tax authorized for, . . . . . . . .929

Habersham Do. defined, . . . . 418

additional territory added to, ....... 429

organized, .......... 226

a part of Franklin county added to, ..... 226

the line between it aud Franklin county defined, from Tugulo river

to Tate's bridge, /. . . 239

an extra tax authorized for, . . • . . . . . . 929

Hall Do, ^defined, . . . .... . 418

INDEX.

1249

COUNTIES, COURT-HOUSES AND JAILS.

Hall County, additional territory added to, 429

organized, . . * . .' ■ 226

a part of Jackson county added to, . . . . . .226

the line between it and Gwinnett altered, 231

justices of the Inferior Court to select a temporary place for hold-
ing courts, .* 234

extra tax authorized for, 929

Hancock Do. extra taxes authorized for, .... 898, 905, 914, 931

the line between it and Washington defined, as respects the plan-
tation of Thomas Coleman, ...... 225

Irwin Do. defined, . . . .417

» • organized, 236

Jackson Do. a part of, added to Walton, Gwinnett and Hall, . . . 226

the line between it and Gwinnett altered and defined, . . 231

certain territory, formerly comprehended in Franklin county, and

which was left oil the Indian side by Hawkins' line, added to, 194
extra tax authorized for, . . . , . . . 911

• Jasper Do, an act to add certain unlocated territory thereto, for certain pur-

poses, . . . . ... . . . 213

said act amended, . . . . . . . . .218

a part of, added to Morgan county, . . . . . 216

extra taxes authorized for, . . ..-'.' . . 906,919,933

Jones Do. justices of the Inferior Court constituted commissioners of the

court-house and jail, ........ 220

extra taxes authorized for, . . . . . . 923, 932

Laurens Do. a part of Washington and Montgomery counties added to, . 185

an act to make permanent the site of the public buildings, . .186
the laws relative to said buildings amended, . . . . 232

• duty of the commissioners of said buildings, . . . 232

Liberty Do. "a part of, added to Tatnall, , . . . . . . 187

Lincoln Do. extra taxes authorized for, . .• . . . . . 906, 930

the records of, to be transcribed, ...... 297

Madison Do. an act to lay out, See. . . . ... . . . .181

• an act supplementary to said act, . . . , . . 190

public buildings of, established at Danielsviiie, . . . .193

added to the fourth division of the militia, .... 440

extra taxes authorized for, . . . . . . .901, 902

a part of Clark county added to, ...... 201

the powers of the commissioners of the public buildings of, ex-
tended, 206

a part ot Elbert and Franklin counties added to, . . . . 240
M'Intosh Do. the public buildings -of, to.be at Daricn, ..... 223

■M

1250

INDEX.

COUNTIES, COURT-HOUSES AND JAILS.

M'Intosh County, the old court-house to be sold, ....... 223

an extra tax, for the support of the poor, allowed, . . . 922

Montgomery Do. a part of, added to Laurens, ....... 185

the line dividing it from Tatnall established; . . . . 189

a part of Telfair and Tatnall added to, .... 200, 209

site of the public buildings of, established, ... . . 202

jurors of, how selected for Spring Term, 1814, . . . . 202

extra tax authorized, . . . . . ... 926

Morgan Do. a part of Jasper added to, . . 216

extra tax for, authorized, . . . . . . . 928

Oglethorpe Do. a part of Clark county added to, . . . . . . . 200

extra taxes authorized for, . . . . . . . 917, 927

Pulaski Do. Inferior Court constituted commissioners of court-house and jail, 188
their powers, . . . . . . . . . 188, 201

extra taxes allowed, . . . . . . . . 907, 925

Putnam Do. extra tax authorized to be levied in, . . ... . . 914

Rabun Do. denned, 429

organized,* . . '. . . . . . . . 241

Randolph Do. name of, changed to Jasper, 199

Richmond Do. Inferior Court authorized to sell the jail, Sec. . . . . 217
also authorized to sell the court house, and other county property, 229

Tatnall Do. a part of Liberty added to, ,-.,., 187

line between it and Montgomery defined, . . . . .189
a part of, added to Montgomery, 200, 209

Telfair Do. acts relative to the public buildings of, . . . 180,196,203,212

a part of, added to Montgomery, ....... -200

extra taxes authorized for, . . . . . . .910,921

a part of Appling county added to, . . . . . 234

Twiggs Do. act to make permanent the public buildings, amended, .. . 222

the records of the Court of Ordinary of, to be transcribed, . 296

Wafford's Settlement, the third section of- an act of 1806, relative to, repealed, 209

Walton county, defined, - . . . . * . 417

organized, . . . . . . . . <-. . . 226

Inferior Court to selact a temporary place for holding courts, Sec,. 234
extra tax authorized for, . . . . . . . 929

Warren Do. records of the Inferior Court of, to be transcribed, . . . 290
line dividing it and Columbia, defined, . . . . . . 208

Washington Do. a part of, added to Laurens, . . . . . . . 185

a part to Baldwin, . 193

line between it and Hancock defined, as respects the plantation of

Thomas Coleman, . . . . . . . . 225

_j^ extra tax authorized for, 920

INDEX. 1251

PAGE

COUNTIES, COURT-HOUSES AND JAILS.

Wayne County, line between it and Camden established, 195

a part of Camden added to, . . . . . . . . 195

acts relative to the public buildings amended, . . . . 184

grand and petit jury list regulated, 184

Wilkinson Do. an act fixing the site of the public buildings, 191

jurors of, how drawn for Spring Term, 1814, . . . . 395

records of, to be transcribed, 298

Wilkes Do. extra taxes authorized for, 906,914,918,934

(For other particulars relative to Counties, see Roads and Militia.)
COUNTY SURVEYORS,

When to be elected, ... ......... 138

Shall be sworn and give security, in a certain time, or a new election to be ordered, 141
COURTS,

Proceedings of, legalized in certain cases, . . . . . . ^ . 154

Of Warren county, records of, to be transcribed, 290

* Of Lincoln county, do. do. ....... 297

Of Wilkinson county, do. do. ...... 298

Superior, acts altering the times of holding, in various counties, . . 359 — 364

act of 1819, fixing the time of holding, throughout the state, . . 362

• of Lincoln county, extra session of authorized, ..... 343

of Washington do. do. do. ...... 344

of Baldwin do. do. do. ..... 345

of Wilkinson and Laurens do. do. do. . . ... . . 354

of Pulaski do. do. . do. ... . . 366

judges of. See Judges.
jurors of. See Jurors.
Inferior, acts altering the times of holding, in several counties, , . . 359 — 364

^ct of 1819, fixing the times of holding, throughout the state, . . 362
(See Justices of the Inferior Courts.)

ef Ordinary* their duty as to the distribution of estates, ..... 283

may order a sale of real estate, for the benefit of heirs and creditors, 285

may appoint their clerks administrators de bonis non, in certain cases, 284

* their jurisdiction as to idiots and lunatics, . . * . . 286

may be opened, &c. by coroners or constables, in certain cases, . 161

of Scriven county, a copy of the records of, confirmed, . . 291

of Columbia do. do. do. ... 293

of Burke county, records of, to be transcribed, . . . 295

of Twiggs do. do. . do. . . . . . 296

Justices' Courts. See Justices of the Peace.

A Court of Common Pleas and Oyer and Terminer established in Savannah . 387

Mayor's Court established in Augusta, . . ' . . . . . . . 993

1252 INDEX.

SAGE

CRIMINALS IN JAIL,

An act for the relief of, . . 163

DAMS,

What punishment for injuring, &c ' 602, 645

DANIELSVILLE,

Incorporated, . . . 1040

Act of incorporation amended, . . . . . . . . . 1041

DARIEN,

Flour inspection established in, . 332

Act to regulate, amended, 1008

Act to incorporate, ............ 1009

Constituted a city, and act of incorporation amended, 1013

Harbour master and health officer of, their fees, . . . . 321

Volunteer guards of. See Militia.

(See Pilots and Vendue Masters.)

DEBT, PUBLIC,

Act to appropriate the funds, heretofore set apart for the redemption of the public '

debt, amended, 245

DEBTORS,

Acts to alleviate the condition of, (expired and repealed) . . . 33, 36, 59, 41

DEBTORS, INSOLVENT,

Assignments, &c. in trust by, declared void in certain cases, .... 248
How discharged in Chatham county, ......... 249

DEEDS. See Conveyances.

DIGEST,

Of the general laws of the state, to be compiled, Sec. . . . . . 250

DISORDERLY HOUSES, •

Keepers of, how punished, .' . . ' . . . . . . 596, 640

DISTRIBUTION OF ESTATES,

How effected, 2S3

DISTURBERS OF THE PUBLIC PEACE,

How punished, 592, 637

DIVORCES,

Levy Bright and wife divorced, .......... 262

John Stark and wife do. . . . . • . . • • » .253

Nathaniel Harper and wife do. 253

John T. Patterson and wife do. . . . . . . . 254

John Powel and wife do. . . ... . . . • 255

John Womack and wife do. . ... . . . ■ * . 256

Alexander Fluelien and wife do. ......... 257

Elizabeth O'Reily and- husband do . . .258

Rachael Jones and husband do. . . . . . . . ... 258

INDEX. .1253

DIVORCES,

John M. Jameison and wife do. . . $► . . , . . ' . 259

Matthew Shearer and wife do. . • . . ... . . . . 260

Edmund Warren and wife do. . . . . , . . . 261

Nancy Brown and husband do. . . . . . . . . . 261

Samuel Berry and wife do. . . . . . . . . 261

Nancy Jones and husband do. ......... 262

An act to divorce sundry persons, . . . . . . ... 262

Jeremiah Pitman and wife divorced, . . . ' . . * ."•':-. . 263
Nancy Thompson and husband do. . . . . . . - .. . . 193

Tabitha D. Napier and husband do. . . .. . . . . '. . 194

Abner Glore and wife do. ... . . . . . . .195

William Whitfield and wife do . . . 196

DRUNKENNESS,

No excuse for crimes ; proviso, ........ 565,612

DUBLIN,

Town of, incorporated, ........... 950

A plan of, to be recorded in the surveyor general's office, ..... 233

EATONTON,

Act to regulate, amended, . . . . . . . . 1032, 1035

Eatonton Academy Library Society incorporated, . . . .■•"•. . 840

EBENEZER MILL CREEK.* See Navigation.

ELECTIONS,

Of members of Congress, time of, Sec . . . 267

May be opened and attended by constables, . . . . . . . 268

Of county officers, time of, . . . .138

In Franklin county, regulated, .......... 268

In Jackson county, regulated, ......... 270, 272

In Glynn, an act to regulate, . . . . ..... 271

said act repealed, ... ...... 273

Of militia officers. See Militia.

EMBEZZLEMENTS,

By bank officers, &c. how punished, . . . , . . * . '. 578, 624
By public officers, Sic. do. . 587, 633

EMBRACERY,

Defined, and how punished, ' .™ .... 591,636

ENGINEER, TOPOGRAPHICAL AND CIVIL,

Office of, created, 274

How appointed, and duties of, 275

ESCAPE,

How punished, 589, 634

ESCHEATS,

The escheat act of 1801 explained, . . . . . . . . 276

7 X

*^«

1254-

INDEX.

ESCHEATS,

When a woman dies intestate, leaving only illegitimate children, her estate shall

descend to them, ........... 276

Estate of an illegitimate child, dying intestate, how disposed of, ... . 276

Oaths of juries, on trials touching escheated property, 277

Judges required to adopt necessary forms of process, to carry the escheat laws

into effect, 277

Monies arising under said laws, how collected from the escheators, . . . 278

The same to be paid into the treasury, . 278

Said funds, how to be appropriated, . . . . . . . . . 279

ESTATES,

Distribution of, how effected, 283

Real, of any testator or intestate, how sold, 8cc. ....." 282, 285

When a woman dies intestate, leaving none but illegitimate children, her estate

shall descend to them, . . . . . ... . . 276

Of illegitimate children, dying intestate, how disposed of, . . . . 276

Of idiots and lunatics, may be sold for their support, &c. by order of the Court of

Ordinary, ............. 286

Persons carrying out of the state the property of any one deceased, how proceeded

against, .............. 39

ESTRAYS, of the Horse kind,

How advertised, . . ,:;■•.. . . . • . . ... 280

Expense of advertising, how defrayed, . . . . . . . . 280

Duty of the clerks of the Inferior Court relative to, 281

EVIDENCE,

Deeds which have been attested by one justice of the peace, or a clerk of the Su-
perior Court, and duly recorded, admissible in, ..... 292

On indictments for libel, the truth may be given in, ...... 294

Of stage-drivers, mail-carriers, aged and infirm persons, 8cc. may be taken by

interrogatories, . . . . . . . . . . . . 380

May be taken by interrogatories, when witnesses live out of the state or county, 380

Must be taken down in certain criminal cases, and recorded in case of conviction

and sentence, 299

The evidence so taken shall accompany any application for pardon, . . . 300
Certified copies of documents, records, &c. admissible in ; proviso, . . . 300
Conveyances of personal property may be recorded, and admitted in evidence,

under the rules governing in cases of real property, . . . . . 301
Of convicts in the penitentiary, may be taken by interrogatories, . . . . 670
EXECUTIONS,

How issued, signed, tested, dated, directed and levied, . . . . . 378
May issue against the property or body of the defendant, at the option of the

plaintiff, . 378

Renewal of$ on the court-roll, not required, $ . 379

INDEX. . 1355

PAGE

EXECUTIONS,

If issued against the body, and returned unsatisfied^execution against the property

may issue, . 379

If served on the body, defendant shall be discharged, on giving up sufficient pro-
perty, &c 379

In such case said execution to be returned, and one against the property issued, 379

Of justices' courts, may be sent from one county or district to another, and how

levied, . 374

When paid by a security, shall be under his control, ...... 375, 384

EXECUTORS, ADMINISTRATORS, AND GUARDIANS,

When, and in what way, permitted to sell the real estate of any testator or in-
testate, 282, 285

In case of removal, may make their returns in the county where they live, . . 283
Their previous duty, in such cases, . . . . . . . . . 283

Distribution of estates, how made, .......... 283

Courts of Ordinary may appoint their clerks administrators de bonis non, by spe-
cial order, in certain cases, .......... 284

In such case the representatives of the deceased administrator shall give up the

effects of the unadministered estate, &c. . . . . . . 284

The representatives of a joint obligor may be sued, with or without the survivor's

being included in the action, .......... 338

Executors and administrators, how made parties in attachments, . . . 71

Guardians for idiots and lunatics may be appointed by Courts of Ordinary, . . 286

Duties and accountability of such guardians, 286

Wife of an idiot, &c. entitled to the guardianship of her husband, . . . 286

FACTORY, WOOLLEN,

A lottery authorized for the establishment of one, 302

FALSE IMPRISONMENT,

How punished, 572, 619

FALSE WEIGHTS AND MEASURES,

Punishment for selling by, .......... 600,643

FEES,

Of justices of the peace, . . 376, 322, 323

Health officer of Savannah and St. Mary's not entitled to, in certain cases, . 319

Of. the health officer and harbour master of Darien, . . . . . .321

Of constables, . . • . . . 376, 322, 323

Of jailors, 164,322,323

Of sheriffs, clerks, and other county officers, . . . . . . 322, 323

Of public officers, on grants in the late cessions of land, . . . 322

(See Salaries.)
FEME COVERTS,

Not amenable for crimes committed under the coercion of their husbands; (ex-
ception) . , . , 565, 612

7X9

1256 INDEX.

PAGE

FEME COVERTS

Husbands of, in such cases liable, ... .... 565, 6i2

How punished for marrying, knowing their first husbands to be living, . . 595, 639
FENCES,

Punishment for setting fire to, . . . . . . . . .601, 645

FERRIES,

Power of the Inferior Courts relative to, . . . . . . .793

Act authorizing Henry Joice to establish a ferry across the Oconee river, repealed, 304

One across Savannah river, established and vested in Hugh M'Donald, . . 305

across the Oconee, do. in John Jeter, .... 305

across Savannah, do. in Joseph Hill, . . . 306

across Savannah, do. in Ezekiel Dubose, . . . 307

across North river, do. in Thomas Miller, . . 308

across Great Satilla, do. in Ransom Carson, . . . 309

across Savannah, do. in Daniel Tucker, . . 312

across Savannah, do. in Zachariah Bowman, . .312

across Ogechee, do. in Nathaniel Bostick, . . 312

across Savannah, do. in Armstead Burt and others, 311

across Savannah, do. in Henry Jones, . , . 315

across Great Satilla, at Old Town Bluff, rates of toll at, . . . .310

at the confluence of Broad and Savannah rivers, established, . . . 313

at Fort Barrington, act udative to, continued, . . . . . .314

ferriage thereat, . . . . . . . . 316

across the Altamaha, established at Linder's old ferry place, . . . .316

across the Oconee, at Trammel's ferry place, established, . . . . 317

FINES,

Under the penal code, how collected and disposed of, .... 606, 649

FIXTURES,

Theft of, how punished, . . . ... . . . . . 577, 624

FLOUR INSPECTION,

An act to establish and regulate, ........ j 326

Said act repealed, ............. 329

Established and regulated in Savannah, Augusta and Petersburg, . . . 329

Established in Darien, . . . . . . . . . . . '. 332

FORESTALLING, REGRATING, AND ENGROSSING,

Abolished, 600, 644

FORGERY AND COUNTERFEITING,

How punished, . . . 554,582,628

FORNICATION AND ADULTERY,

How punished, ............ 596, 640

FORTUNATE DRAWERS. See Land.
FRACTIONAL SURVEYS,

Purchasers of, indulged on certain conditions. . 404

INDEX. 1257

PAGE

FRACTIONAL SURVEYS,

Not to be sold for taxes until paid for, 404

In the late cessions of land, to be sold, . . 418, 430

FRAUDULENT DRAWERS, .

In the former lotteries, lands recovered from, how to be scld, &c. . . . 405
In the third lottery, how proceeded against, 425

FRAUDS,

In cotton bales, casks, Sec. how punished, . • ...» • • • • 601, 644

FREDERICA. See Brunswick.

FREE SCHOOLS,

A fund for the establishment of, created, . . . . . . 325

A part of said fund to be vested in Darien bank stock, 102

Savannah Free School Society incorporated, . . . . . • . . 844

FREE NEGROES. See Slaves.

GAMBLING HOUSES,

Keepers of, how punished, .......... 597, 640

May be broken open, &c 597, 641

GAMBLING,

How punished, 597, 640

GRANTS,

Time extended for fprtunate drawers in the former land lotteries, to take out

their grants, . 407

An act further extending the time, and authorizing any citizen, after a certain time,

to take out the same, . ......... 407

Said act amended, . . . 1 . . '. . . . . 409

An act supplementary to the amending act, . 411

Said supplementary act amended, . . . . . . . . . .413

Fees of public officers on said grants, ......... 413

Grants issued in the names of persons deceased, legalized, . . . . 408

issued to females after intermarriage, leo-alazed, ..... 409

In what time to be taken out for lands surveyed on head rights and bounty warrants, 426
Fees of public offers on grants in the late cessions of land, .... 322

Guardians may take out grants for their wards, in case of fortunate draws in the

last lottery, . ........... 421

Grants in the late cessions of territory, issued previous to the lottery, void, . 424. 432
Fortunate drawers to take out their grants in two years, ..... 425

shall pay §18 for the same, .',..".* 425

Those founded on fraudulent draws void, . ... ... 425

GREENSBOROUGH,

Acts relative to, amended, ...... . 1018,1021,1022

A vendue master authorized for, , . 1071

GUARDIANS. See Executors.

1258 INDEX.

PAGS

HARBOUR MASTER,

Of Darien, his fees established, . 321

HARBOURING SLAVES,

What punishment for, 608, 653

HARTFORD,

Town of, incorporated, 936

Act of incorporation amended, . 937, 938

HEALTH OFFICER,

Of Savannah and St. Mary's, not entitled to fees in certain cases, . . . .319

Not bound to visit vessels arriving from any place within the state, . . . 319

Of Darien, his fees established, 321

HOG-STEALING,

How punished, . . • . . . . . . . . 576, 623

HOMICIDE, JUSTIFIABLE, . . . . 568,615

HORSE-STEALING,

An act relative to, amended, ....... ... 539

How punished, 575, 622

IDIOTS AND LUNATICS,

Statute of limitations amended and explained as to, . . . . . .31

Not amenable for crimes, . . . 565, 611 N

Persons inciting them to commit crimes, how punished, . . . . .611

Guardians to be appointed for, by Courts of Ordinary, . . . . 286

Estates of, how sold for their support, &c. . . . . . . . 286

INDICTMENTS,

Form and requisites .of, . . . . . . . . . . 60S, 646

Prosecutor's name to be endorsed on, -j* ...... 604, 647

On presentments of grand juries, . . . . . .... . 647

Persons accused to be furnished with a copy of, ..... 604, 648

INCEST,

How punished, . • •• • • • • • • • • 595,639

INFANTS,

Statute of limitations amended as to . . ...... 31

When incapable of crimes, . . . . P?. . . 565 611

What punishment for inciting them to commit crimes, .... 565,611

INFECTED COUNTRIES, m

Persons coming into this state from, in violation of quarantine regulations, how

punished, . . . . ' . . 598, 642

INFERIOR COURTS. See Courts.

INJUNCTIONS, BILLS OF,

What prerequisite to the granting of, 133

May be granted by a judge out of his circuit, in certain cases, . . . 134
What shall be a sufficient service of, when" the defendant resides out of the state, 134
Open for argument at the first term, 134

INDEX. 1259

INJUNCTIONS, BILLS OF,

Shall be disposed of at the second term, . ... . . . . 134

A second one not to be granted after the dissolution of the first, . . . .134

INSOLVENT DEBTORS,

Assignments, &c. in trust by, declared void in certain cases, . . . . 248

How discharged in Chatham county, 249

INSPECTION,

Of flour, act to establish and regulate 326

said act repealed, . 329

established in Savannah, Augusta, and Petersburg, .... 329

established in Darien, 332

Of tobacco, an act to regulate, 334

INSPECTORS OF THE PENITENTIARY. See Penitentiary.
INTEREST,

Mode of calculating, . . . . m ; ~ . . 336

No part of a judgment to bear, but the principal of the original debt, . . 336

INTERROGATORIES,

How taken, Sec. for justices* courts, . . . 372

Testimony of witnesses living out of the state or county, may be taken by, . 380
May issue for the examination of mail-carriers, stage-drivers, old and infirm per-
sons, Sec. .............. 380

Testimony of convicts in the penitentiary may be taken by, .... 670

INTERNAL NAVIGATION. See Navigation.
INTESTATES* ESTATES. See Estates.
IRWINTON,

Town of, incorporated, ........... 1024

Act of incorporation amended, ........... 1025

JACKSONVILLE,

In Telfair county, incorporated, . . . . . . . . ' . 1015

JAILORS,

Sheriffs shall take security from, . ......... 140

Oath of, 140

Fees of, . mm 164, 322, 323

How punished for compelling prisoners to become approvers, . . . 588, 633

for inhumanity to prisoners, 588, 633

for permitting escapes, . . . . . . . 590, 635

for not receiving criminals, &c. ..... 590, 635

JEFFERSON, TOWN OF,

In Jackson county, incorporated, 947

In Camden county, act authorizing the Inferior Court of said county to lay off

streets in, &c. . . ^. . . . . . . . . ' . 1048

said act repealed, 1049

Streets of, to be laid off, repaired, 8cc. by the commissioners, . . . 1049

1260 INDEX.

vxat
JEFFERSON, TOWN- OF,

Certain acts of the commissioners confirmed, . 1049

JOINT OBLIGORS AND PROMISSORS,

Entitled to writs of ne exeat against their fellow obligors in certain cases, . . 530
Suits against, how instituted in justices' courts, when they live in different coun-
ties or districts, . . . . . . . . . . . . 369

Judgments against, how rendered in said courts, when it is proven that any of

them are only securities, .......... 384

When any of them die, the survivors may be sued alone, or in conjunction with

the representatives of the deceased, or the representatives may be sued alone, 338
JUDGES OF THE SUPERIOR COURTS,

When allowed to grant certioraries and injunctions out of their circuits, . . 134
Authorized to grant writs of ne exeat in certain cases, ..... 530

Required to transmit to the Governor their rules of practice, .... 383

Their duty as to the escheat laws, ......... 277

as to the gambling laws, . . . . . . . 597, 641

as to the penal code, ... . . . ... 609, 654

as to the act to prevent slaves from trading, 8cc. . . * . . . 810

Their salaries, 322, 323

JUDGMENTS,

Renewal of, not required, ............ 382

Of justices courts, shall be of equal dignity with those of the Superior Courts, 375

How set aside when obtained by perjury, . . . . . . . . 632

What punishment for a fraudulent confession of, by any one in the name of another, 633
(See Justices of the Peace.)
JUDICIAL CIRCUITS,

The state laid off into six, ' . . . . . . . . . . 361

JUDICIARY. (See Courts.)

Executions, how issued, signed, tested, directed and levied, (see Executions) . 378
Acts of judicial officers, who had not taken the oath to support the constitution,

&c. legalized, ' 146, 153, 154

(See Judges, Judgments, Jurors, Justices of the Peace, Sec.)

Writs of ne exeat grantable in certain cases, . . . . . . . 530

Attornies, when liable for costs, (see Costs) . . 381

Act to regulate the granting of certioraries and injunctions, (see Certioraries) 133

Declarations, in what cases amendable, . . . . . . . 38T

Special pleading inadmissible, except in equity, ...... 385

Non-suit not permitted for a formal variance between the allegation and proof, . 385

Contradictory answer admissible, .,....•.. 385

A Court of Common Pleas and of Oyer and Terminer, established in Savannah, 387
JURORS, .

How drawn, &c. for the trial of slaves and free negroes, .... 799, 8Q6

Oath of special jurors, 367

*±

INDEX. 1261

#. SAGE

How drawn for justices' courts, . . . . . . • . . . 373

Oath of, on the trial of appeals, &c. in said courts, . . ... 5 . 373

Oaths of, on trials touching escheated property, . . . . . . 277

Of Wilkinson c'ounty, how drawn for April Term, 1814, 395

Of Baldwin, how selected, 396 402

Grand, permitted to give evidence in certain cases, . . . . . • # • 397

oath of, " 397

their duty in correcting lists of tax returns, . . . .' . .401

Of Tatnall and Emanuel, how drawn for Spring Term, 1814, . . . . 398

Oi Pulaski and Telfair, how selected, &c 399

May be drawn by justices of the Inferior Courts, in certain cases, . . . 400

Defaulting jurors of Jefferson county, at February Term, 1817, relieved, . . 402

How punished for being bribed, ........ 592 633

How many may be challenged, in criminal cases, ....... 641

Oaths of, on criminal cases, . . . . . . . . . 607, 650

Jury, judges of the law and fact under the penal code, 605, 649

JUSTICES OF THE INFERIOR COURTS,

Five to be in each county, . . . . . . . . . . 393

When and how elected and commissioned, . . . . . • . . 393

Their continuance in office, ........... 393

Vacancies of, how filled, . ... . . . _ . . . 393

Their jurisdiction, as to the trial of slaves and free negroes, (see Slaves) 797, 803

as to roads and bridges, (see Roads) ..... 786

as to public ferries, (see Ferries) 793

Shall purchase suitable books for county records, 151

May issue executions against clerk's of the Inferior Courts, who detain county

funds, . 155

•May draw grand and petit jurors in certain cases, . . . . . . 400

May levy a certain annual poor tax, . . . . . . . 919

JUSTICES OF THE PEACE,

# Two for each captain's district, , . . . . . . . . 393

How elected and commissioned, .......... 393

Their continuance in office, . . . • . . . . . . 394

Vacancies of, how filled, . . . * . . . . . , . . 394

Their jurisdiction in civil cases, . . . . . . . . 368, 386

Shall keep an appearance docket, and enter judgment by default, as in the Supe-
rior Court, . . . .... . . . . . . . 386

Shall render judgment at the second term, . 386

Judiciary act amended as to, 368

Appeals, how tried, Sec. in their courts, . 369

4 -Stay of execution regulated, . . . . . . . . . 368

Shall hold their courts^monthly, and when, 369

7 Y

• •

1262 INDEX.

J?A(Ji

JUSTICES OF THE PEACE,

Their warrants, how served, . . . . . . . . 369

Suits against joint obligors regulated, . . . . .... . . 369

May issue attachments, . . . . . . . . . . . 369

Their proceedings in attachments regulated, ...... 370, 371

When to allow parties to prove their accounts on oath, . . . . . 371

In case of sets-off, may render judgment for the defendant for any balance due him, 371
Claims, how made, returned and tried, . . . . . . . 371, 382

When to allow continuances, . * . „ . . . • L/ • .371

May hold to bail, . . 372

Their power as to witnesses, . . . . . . . . . 372

May issue commissions for interrogatories, ....... 372

In what to draw jurors for the trial of appeals, ....... 373

May fine defaulting jurors not exceeding §3, . . . . • * . . 373

May make a party accused, or the prosecutor, pay the costs, when there is no

cause of commitment, . . . . . . . . . . 37-S

Bonds, notes, Sec. to be denied only on oath, in their courts, . . . . 373

May enter judgment against a defendant who removes from the district before

court, 374

Their executions, how levied in a different county or district, .... 374

Ten days residence shall render a person liable to their jurisdiction, . . . 374
Residents of districts having no justice, may be sued in any adjoining district, . 374
Case, where tried when a justice is party, . . . . . . . . 374

Shall make an entry on their docket of the payment of an execution by any security, 375
Such security shall control the execution, . . . . . . . 375, 384

How punished for malpractice, . k . . • . . . . 374. 592, 637

Judgments of -their courts shall be of equal dignity with those of the Superior

Courts, , 375

Their fees, . . . . . 376,322,323

Suits in their courts may be settled on payment of costs, ..... 377

Plaintiffs, when liable for costs, . . . . . . . „ 377

• May appoint constables in certain cases, . . . . . . %}}• . 377,

May punish contempts, ....... j^± .... 378

How to render judgments against joint promissors, when it appears that any of

them are only securities, .......... 384

May require plaintiffs, living out of the county, to deposit the costs, or give secu-
rity for the same, ........... 386

When apprised of an intended duel, how punished for not apprehending the par-
ties, ....*... 594, 638

Their jurisdiction as to the trial and punishment of slaves, 797

LAND,

Constables not permitted to sell under executions, ...... 375

Recovered from fraudulent drawers in the former lotteries, how and by whom sold, 405

t •

INDEX. 1263

PAGE

LAND,

Fractions, purchasers of, indulged on certain conditions, ... . 404

not to be sold for taxes until paid for, . 404

Time extended for fortunate drawers in the former lotteries to take out their
9 *

grants, ....", 406, 407

An act further extending the time, and authorizing any citizen, after a certain

period, to take out the same, . 407

Said act amended, 409

An act supplementary to the amendatory act, . . . . . . 411

Said supplementary act amended, . . . . • . . . .413

Fees of officers on said grants, . . . . . . . . .413

Certain land, left on the Indian side by Hawkins' line, added to Jackson county, . 194

An act adding certain unlocated territory to Jasper county, for certain purposes, 213

Said act amended, . . . . . . . . . . ... 218

Land warrants not to be levied in the territory acquired at Jackson's treaty, Sec. 218

Persons having grants wmiout plats, may have their land resurveyed, and plats

thereof recorded, . . . . . . . . . . .414

The recording of plats in another case provided for, . . . . . 414

Grants issued in the name of persons deceased, legalized, . ... . 408

issued to females after intermarriage, legalized, ..... 409

When a water-course, being the boundary line of any tract of land, deviates from

its channel, what may be done, . . . . .' . . . .415

Lands of the university to be sold, (See University,) . . . . . 1058

Act of 1818, to dispose of and distribute the cessions of land obtained in 1814,-

'17 & '18, 318

Act of 1819, amendato»y of said act, and to dispose of the territory acquired from

the Cherokees in 1819, by Calhoun's treaty, . . . . . . 429

A lottery of said lands authorized and regulated, ..... 420, 431

Guardians may take out grants for their fortunate wards, . . .421

Fortunate drawers to pay $18 for their grants, .... 425

J^Shall take them out in two years, ....... 425

Fraudulent drawers, how proceeded against, ..... 425

Fees of 'public officers on said grants, 322

Returns for draws received by justices of the Inferior Courts, legalized, 427

An act for the relief of certain persons entitled to draws, . . 428

Fractional surveys, how disposed of, 418,430

Grants for lands surveyed on head-rights and bounty warrants, in what time to be

taken out, 426

(See Limitations*)

LAND MARKS,

Punishment for removing, &c. ... ..... 582, 628

LARCENY, '

Simple, . . . ; . . . . 575, 622

7 Y2

1:264 INDEX.

LARCENY,

From the person, . . . . . . . .' . . . 579, 625

From the house, ........... 580, 626

After a trust is reposed, ». ■ . . . . 581,627

LAWS,

And Resolutions published by authority, declared public, . . . ' 226

Alleviating, . . . . . . . ' . 33, 36, 39, 41 ♦

LEWD HOUSES,

Keepers of, how punished, . . . . . . . . 597, 640

LEWDNESS AND IMMORALITY,

Open, how punished, . . . . ■ . . . . . . . .596, 640

LEXINGTON, I \

Town of, acts for the better regulation of, ........ 103^7

LIBEL, .

Defined, and how punished, . . . • 594, 639

The truth may be given in evidence upon indictments for* . . . e 594, 639

LIGHT-HOUSES,

Jurisdiction over a part of Wolf island, ceded to the United States for the pur-
pose of erecting, . .* . . . . . . . . 434

LIMITATIONS,

Claims to land, under grants prior to the Revolution, by certain persons, how and

when barred, . .... . . . . . . . . 30

No saving in the statute of, to be construed in favour of persons whose grants

issued prior to the Revolution, and who are foreign subjects, . . v. 31

Statute of, amended and explained, as to idiots, lunatics and infants, . . 31

No person living out of the state, entitled to any exemption not enjoyed by citi-
zens of the state, ............ 32

LINES. See Counties.

LINCOLNTON,

Town of, incorporated, ........... 1044

LITTLE RIVER. (See Navigation.) 0

LOTTERIES. (See Land.)

Oconee Navigation Lottery authorized, . . . :* . • m .*«■ 493

Commissioners of St. Mary's Lottery authorized to fill vacancies in their board, 942

One authorized for the erection of a woollen factory, . ... . . 30*2^

One authorized for Elbert County Academy, . . . .- • . . .18

Three authorized for the Savannah poor-house and hospital .... 830

LOUISVILLE,

An act to dispose of the state-house, &c. in, . V ' • . . . . . 971

Lot-holders quieted and confirmed in their titles, 971

.Acts for the regulation of, amended, . . . . . . . ' 973, 974, 976

LUMBER AND STAVES,

When deemed merchantable, .......... 435

I* *

INDEX. 1265

PAOE

LUMBER MEASURERS,

How appointed, \' . . . • • ■ • • • • 1072

LUNATICS. See Idiots.
MADISON,

Town of, act to incorporate, amended, 1002, 1003

MALPRACTICE,

By justices of the peace, how punished, . . *. • • . 374,592,637

MALICIOUS MISCHIEF, . 601, 645

MALICIOUS PROSECUTION, . 591,636

MALLORYSV1LLE, IN WILKES,

Act to incorporate, ...... i . _ .... 1050

MANSLAUGHTER,

Defined, and how punished, . . . . . . . . 567, 614, 617, 658

MA&IGN,

Town of, act to regulate, . . .... . . . . . . 930

Act to incorporate, ............ 940

MARKS AND BRANDS,

Offences relative to, how punished, . . . . . .... 623, 644

MARRIAGES, ILLEGAL,

What punishment for, 639

MAYHEM,

How punished, * . 570, 618

MENACES AND THREATS,

Wives not amenable for certain crimes committed under the threats, Sec. of their

husbands, . ...*........ 565, 612

Husbands in such cases, how punished, . 565, 612

Slaves, when not liable for crimes committed under the threats, See. of their own-

ers, &c **. • 565,612

such owners, Sec. how punished, ......... 566, 612

•Persons acting under the influence of violent menaces, Sec. not amenable for

crimes, .' 566, 612

„ Persons using such menaces, how punished, . 566, 612

What punishment for sending any menacing letter, in order to extort money, Sec, 592, 637
MILITIA,

An act to provide for the organization and equipment of the cavalry, . . . 436
Said act amended, .............. 441-

The Governor authorized to contract for a certain number of rifles, Sec . . 439
Madison county .added to the 2d brigade, 4th division, . . . • . , . 440
A fifth division created*, ........... 441

Acts to organize detachments of men required by the President of the United

States, and volunteer companies, ........ 443, 449, 453

A part of the militia of Camden authorized to muster at St. Mary's, (repealed) 445, 458
An act to amend the .militia laws, . 446

■ "■ • mm

w ■

■

M tM

1266 INDEX-

PAGE

MILITIA,

An act to create the office of paymaster general, . . . . . . .451

An act to create the offices of division inspector and quarter-master, brigade quar-
ter-master, and aids-de-camp to brigadier generals, . • . . . . 452

Adjutant general, when allowed to appoint an assistant, . . . . 457

An act prescribing the uniform of the militia officers, .... 458, 464

Darien Volunteer Guards, where to muster, ........ 459

Act of 1818, to revise and consolidate the militia laws, and to repeal the cavalry laws, 459

Said act amended, . . 477

Militia apportioned into divisions, brigades, regiments, battalions and companies, 459
Division, brigade and regimental staff, of whom composed and how appointed, 459, 462
Creations or alterations of divisions and brigades, how made, &c. .... 46®

Regimental, battalion and company districts, how formed or altered, . . . 460
Said districts, how defined, in case of the organization of any additional territory, *460
What shall compose a regiment, . . . . . . . . . 671

Regimental and battalion districts, not to include parts of different counties, (repealed) 460
Rank and command of officers, when on parade, determined by the date of their

commissions, ........... % 461

Vacancy of any major general, brigadier, or quarter-master general, how filled, 461

of any captain, how filled, ......... 461

of subaltern officers, how filled, . . . . . . . ■ 462

of a commanding officer of a regiment or battalion, . . . 462, 477, 706
Officers, of any new company district, how elected and commissioned, . . 461

may be brevetted, . • 461

what to be done when privates fail to elect, ..... 462

oath of, W '. 462

liable to certain fines and penalties for delinquencies, .... 466
in what time to procure uniforms, ' . .... 468

arrest and trial of, regulated, . . . . . . . . 4^, 479

cashiered, disqualification of, 473

liable to a certain disqualification for resigning, . . . . \ 475

uniform and equipment of, ........ 464

sentence' of cashierment, by whom to be approved, ' . , . 478

•

Who shall be enrolled, . . . ... . 463

Persons claiming exemption to prove their right thereto, ..... 463

Persons enrolled to be notified, • . . . 469

Companies to be divided into four squads, 463

Sergeants and corporals, how appwnted and for what time, . . . . . 463

may deliver orders verbally, three days before muster, . . . 478

Arms and equipment of non-commissioned officers and privates, .... 463

Volunteer corps, arms and equipment of, . . 464

uniform of, -464

* .*

. m

INDEX.

1267

MILITIA,

Volunteer corps, members of, must be equipped before ftey are exempt from duty
in the militia of the line, . .
a certificate of equipment to be produced, and from whom, .
'%+ where to be attached, &c. . .

duties and liabilities of,

officers of, when allowed to vote for field officers,

shall not exist without forty men, . .

exception as to the Darien Volunteer Guards,

may o'rdcr courts martial, 8cc. at their own times and places,

how many allowed, .........

Not to enlist more than one-eleventh out of certain companies,
Musters of companies regulated, .........

regimental, battalion and drill, regulated, ......

shall be held at eleven o'clock, . . . . . .

orders for, how distributed, and what notice necessary,
Sutlers, by whom appointed, and their duty, . . , . .
Disorderly conduct of bystanders, at any muster or court, how punished,

•of non-commissioned officers or privates, at any muster or
court, how punished, . ...

Captains to report their companies, &c. to whom,
• Privates, liable to certain fines for defaults, Sec. ....

Drafted persons, who fail to appear agreeably to order, deemed deserters,

Except soldiers who shall have procured substitutes,

Persons unable to equip themselves, relieved from fines,

Fines on minors and apprentices, by whom payable,

Arms, &c. exempt from execution, ......

Persons of militia, when exempt from arrest, . . . .

Courts of Inquiry, what notice of, necessary, and by whom to be served,
what shall be proof of notice,
delinquent officers, how returned to,
by whom to be ordered, .....

regimental, when held, . . .

of whom, and of what number composed,
who to preside, and who to be tried thereat,
battalion, when held, .....

of^whom composed, and who to preside,
• company, when held, .....

of whom composed, and who to preside,

where held,

members of, to take an oath ; the oath, . ■.

may impose fines,
i

464

474

477

469

464

465

468

»■

466

465

468

463

468

•

469 '

469

469 0/m

469
469

470

^w *'" • ^

•

r
0

1268 INDEX.

PA9E

MILITIA,

Courts of Inquiry, when% company has not officers enough to compose a court,

what may be done, 470

Fines, how collected, . . . . . . . . . . 470

how and when to be remitted, and execution, how stayed, . . . 469

how appropriated, . . . . . . . . . . . 471

Adjutant and paymaster, how nominated in counties containing but one battalion, 470

Clerk and provost marshal may be appointed by regimental courts, . . .• 470

duty of the, . ... . . 470

Paymaster, his duty, . . . . . * . . . . . 470

how responsible for not accounting for monies received by him, . .471

compensation of, .......... 471

Courts martial, how and of whom constituted, . . 471

their powers, . ... . .... 472, 473

oath of the members of, ........ 472

witnesses, how summoned, sworn, Sec. .... 473, 479

what to be done when an officer arrested refuses to attend, . . 473

their pay, ........... 476

what notice necessary to officers arrested, of the time and place of

holding, 479

such officers to be furnished with a list of witnesses, . . . 479
Governor authorized to call out the militia, in certain cases, . .' . #473

Orders for calling out, how distributed and executed, . . . 473

Militia, when in service, subject to the, articles of war, Sec. > . . . . 473

pay when in service, .......... 473

What to be done, in case of sudden invasion or insurrection, ..... 473

Pay of adjutant general, . -. • 474

Captains annually to read to their companies certain parts of the militia laws, &c. 474

Cavalry, laws relative to, repealed, . . . . . . . . # • 474

prerequisites of volunteer troops, . . ; . ... . 464

only one troop of, to be attached to a regiment of infantry, . . . 474

provision as to the Independent Troop of Liberty county, . . . 478

as to two troops in Jefferson and Wilkes cojmties, . . . 478

as to the Laurens Troop of Light Dragoons, . . " •.' 479

Imprisonment for fines authorized in certain cases, ....*.. 475

Militia exempt from ferriage, &c. . . . . . . . * . . 475

Pay of brigade and division inspectors, . . . . . . .. . 475

Judge advocate, how appointed ; his rank and duty, . . / . . ' . 475

Each regiment to have one colo'nel and lieutenant colonel, . 4^ . . . 475

Artillery and rifle companies, one of each allowed to a regiment, .• . . 47fW

.how raised, when there are two or more regiments in a county, . . 478

Who shall be exempt from militia duty, ......... 476

Detachments required for public service, how made out, officered, &c. . . 476

•

4 '■■.-%

INDEX. 1269

PAGE

MILITIA,

Copies of the act of 1818, and certain laws of the United States, to be printed and

distributed, 476

All previous acts regulating the militia, repealed, ...... 477

Justices of the peace may preside at all military elections, .... 477

Removal of officers in Savannah and Augusta, (unless it be beyond the corporate

limits.) not to vacate their commissions, . . 478

Regiments consisting of three battalions shall have two majors, .... 478

The two regiments of Jackson county to be consolidated, .... 479

Battalion and company districts therein to be laid out, . . • . . . . 479

Aliens exempt from militia duty, proviso, ....... 43

MILLS,

Acts preventing the erection of on Little river, repealed, 483

Shaler Hillyer authorized to erect one on Broad river, ...... 494

Act authorizing John Martin Dasher to erect, on Ebenezer mill-creek, repealed, 505

Bait Wyche authorized to erect one on the Oconee, . . . . . . 696

MILLEDGEVILLE,

Act to appoint commissioners for, Sec. amended, 958, 961

Commissioners to lease an acre of the common to Overoff Jordan, . . . 959

powers of, extended, . ** . 960

empowered to lease an acre of the common, opposite Troutman's

• mill, ........... 963

authorized to lease a lot to Jane Rucker, ..... 966

• a burial ground vested in the, ....... 968

Acts for the regulation of, amended and consolidated, 963

Corporation of, compelled to keep up bridges within its limits, . . . 967
Mechanic Society of, incorporated, . . . , . . . . .834
(See Vendue Masters.)
MISSISSIPPI TERRITORY,

The formation of new states in, assented to, 481

MONTICELLO,

Town of, act to regulate, amended, ......... 979

Act for the better regulation of, 988

Said act amended, 983

MURDER, *

Denned, Sec. ...... 567, 614

NAVIGATION,

Ogechee River, act incorporating a company for opening, Sec. amended, . . 482

act of 1796, for clearing out said river and Brier creek, amended, 484

appropriation for, . . . . . . . . 513

a company for inland navigation from Ogechee to Savannah river,

incorporated, '

7 Z

.1*

♦-. £ Mm

1270

INDEX.

£AGS

483
483

485

NAVIGATION,

Little R.ver, act of 1/96, for keeping open, &c. repealed, ....

- all other acts preventing the erection of mills on, repealed,
Broad River, act incorporating a company for improving the navigation of,

amended, .

said act repealed, ........

Shaler Hillyer authorized to erect a mill-dam at Muckles Ferry
Shoals, . . . . . . . . . .

his duties and liabilities relative thereto, .... 494, 495

fishing at said dam regulated, ....... 495

power of the commissioners of said river, relative to said dam and

other obstructions, . 496

penalties for obstructing said shoals, and the river generally, . 496

.497

501

494

what portion of, to be kept open,

commissioners of, appointed, .....

i( Broad River Navigation Company," incorporated,
appropriation for, proviso, .......

a part of, called Middle River, to be kept open,
Oconee River, Navigation Company of, authorized to erect locks, &c.

persons obstructing, sb as to prevent the free passage of fish, how
liable, ...........

obstructions, how removed, .......

Mill-dams on, not to be affected, proviso, .....

a lottery authorized for, . . . . . .

appropriation for,

commissioners of, appointed, their powers and duties,

further appropriation for, ...... . .

an appropriation for improving the navigation of, from Fishing
Creek upwards, proviso, ......

commissioners appointed, . . . •'■;'■•

an act to render navigable said river from the mouth of Fishing
Creek to Hudson's Ford, . . . . .

said act amended, . . . . . . ♦ . .

Savannah River, commissioners appointed to examine from Augusta upwards, and

to remove obstructions which may impede fish or boats, 488, 506
persons placing obstructions in, how liable,
vacancies of commissioners, how filled,
Conditional appropriations for said river and its head waters,
said appropriations rendered unconditional, &c.
appropriation for, between Savannah and Augusta, .
commissioners for, appointed, . . . .

^heir powers and duties prescribed, . ...

498, 752, 513

501

. 513

527

. 486

487
'437
488
493
500
500
513

514
514

518.

528

489, 507

507

498, 513

515. 521
513

506, 521

506. 522

INDEX.

1271

Savannah River, a company for inland navigation from Ogechee to Savannah river,

incorporated, . . . . . ... 128

" Navigation Company of," incorporated, .... 525

Steam Boat Navigation, exclusive right of, vested in Samuel Howard for twenty
years, .............

Steam Boat Company incorporated,

Savannah Steam Ship Company incorporated, ......

Ebenezer Mill Creek, act authorizing John Martin Dasher to erect mills thereon,

repealed,

penalties for obstructing, ......

commissioners of, appointed, ......

Ocmulgee River, commissioners of, appointed and incorporated,

appropriation for, . . .

Altamaha, appropriations for,

commissioners of, appointed, ......

authorized to cut two canals, .......

Brier Creek, appropriations for, ........

commissioners of, appointed, and their powers prescribed,
An act appropriating monies for internal navigation, ....

Internal navigation fund established, and how vested, ....

Governor to appoint a person to examine certain rivers, and report as to the prac
ticability of improving their navigation, ......

NE EXEAT, WRITS #F,

May be granted when the debt is not due, as well as when it is due,
Joint obligors, Sec. entitled to, against their fellow obligors in certain cases,
Securities, when entitled to, against their principals and fellow securities,
NEGROES. (See Slaves.)
NOLE PROSEQUI,

When inadmissible,

NONSUIT,

Not permitted for a formal variance between the allegation and proof,
NOTARIES PUBLIC,

How appointed, ....... » . .

NUISANCES,

How abated, &c. ..........

OATH,

Of jaiiors, .............

Of county officers, to be taken in a certain time, or a new election to be ordered,
Of special jurors, ...........

Of jurors on the trial of appeals in justices' courts, .....

Of grand jurors,

490
510
523

505

. 505

506

. 508

513

65, 513

. 513

127

513, 516

517

. 513

102, 513

514

530
513

531

606, 649

385

1072

597,641

Of jurors, on trials touching escheated property,

r :

140
141
367
373
397
277

■

X:.

1272

INDEX.

i?AGE

OATHS,

Of witnesses and jurors, in criminal cases, ...... 607, 650

Of persons giving in for draws in the land lottery, 422

(See Officers.)
OBLIGORS. (See Joint Obligors.)
OCONEE, OCMULGEE, AND OGECHEE RIVERS.

(See Navigation.)
OFFICERS,

County, when elected,* . . . . . . . . '..'". . 138

shall be sworn and give security in a certain time, or a new election to be

ordered, ....... 141

Judicial, the acts of those who had not taken the oath to support the constitution,

&c. legalized, * . 143,145,153,154

Civil and military, to take an oath to support the constitution of the state and of

the United States, 155

the form thereof to accompany the dedimus, . . 155
act of 1799, prescribing the oath of, repealed, .... 155

an additional oath of, prescribed, 638, 656

Public, fees and salaries of, . . . . . .- . . . 320, 322, 323

how punished for embezzling, falsifying or destroying official records and

papers, . . . . . 587,633

how punished for withholding such records, &c. from their successors, 588, 633
Of the Peace, how punished for not arresting the parties of an intended duel? 594, 638
Of the Militia. See Militia.

Office of Civil and Topographical, and Civil Engineer created, . . . 274

PEDLERS,

Act of 1812, relative to, 532

of 1816, to impose a tax upon, . . . . . ^ . . . 533

said act amended by acts of 1818 and 1819, . . . . . . 535,537

Required to take out a license in each county where they intend to trade, . . 537
Shall take an oath not to use said license in any other county, and not to transfer

the same, . . . . . . 537

Shall pay S 600 for each license, . .. . ' , . 537

§5 for the clerk's fee, . . . . . *, .^ . . . 537

Shall obtain a license for each waggon, . . . . . . . . 537

Bound to exhibit the same when required by any sheriff, &c. .... 537

Liable to a fine of $1200 for not doing so, . 537

How proceeded against for violations of this law, # . 538

May be taxed by town corporations, and how much, 538

Trading in manufactures of the state not prohibited, 538

Duty of the clerks of the Inferior Courts under this act, . . . . 537, 538
PENAL CODE, ^

Act of 1811, relative tOj (repealed) 540

% «

**fc.

INDEX. 1273

PAGE

PENAL CODE,

Act of 1816, (repealed) . 564

of 1817, 611

do. amended, . . 656, 658

Act to carry into effect the penal code, and the penitentiary system founded thereon, 659

Said act amended, 671,672,674,675

PENITENTIARY,

Acts relative to, 659,671,672,674,675

Keeper, deputies and turnkey, how elected, 659, 671, 674

The provision relative to turnkey repealed, 675

Said officers, how removed for misconduct, ^ 659,671,674

vacancies of, how filled, ....... 659 671 674

their salaries, 4. ........ 660, 673, 674

shall give bond and security, ....... 660 674

shall take an oath, . . 660, 674

how punished for resisting the inspectors, ..... 665

shall reside in the bimding, ........ 675

under officers, how tried and punished in certain cases, . . 676

Keeper, accountable for stock, materials and tools, 663

his books to be examined by the inspectors, ..... 663

how to punish convicts for certain offences, ..... 665, 675
guard and under officers subject to his control, .... 672, 676

entitled to certain rations, (repealed) 672, 675

may punish offenders against the internal rules, Sec. by unanimous con-
sent of the inspectors, . . . . . . . . . 675

responsible for the conduct of under officers, ...... 676

shall have power to arrest said officers, ...... 676

may discharge and appoint the same, with the consent of the Governor, . 676
shall furnish for the sick, diet ordered by the physician, . . . 676
his duties under the internal rules, &c. ..... 667, 668, 669

Guard, established and regulated, . . . . . . 661, 672 674

their number, pay, &c. ........ 661,672,674

an officer thereof authorized, (repealed) . ..... 661,675

subject to the rules governing militia in service, . . . .661, 675

how discharged for misconduct, ... . . . . 661, 674

under the control of the keeper, ....... 672, 676

Inspectors, a board of, constituted and how elected, . . . . 661, 671

their meetings regulated, ......... 661

general powers and duties of, ....... . 661

Governor one, ex officio , . . . . ... . . 662

shall make an annual report to a visiting committee of the legislature, 673
(See the acts aforesaid generally, for all the particulars of their powers.)
Physician, how appointed, ....,.,.., 665, 676

%■

1274 INDEX.

fAGE

PENITENTIARY,

Physician, his salary, 676

his duties, . 666, 676

Convicts, how conveyed to the penitentiary, . 658, 660'

sheriffs, how liable for not carrying them, 660

expense of conveying, how defrayed, ,..."... 660
solitary confinement of, to be inflicted under the direction of the inspectors, 661
of the United States may be received into, . . . . . 661

their food and clothing, of what to consist, .... 662, 670, 676

how provided, 663, 666 674

such as are industrious, Sec. how rewarded, . . . . . . 664

if sick at the expiration of their term of punishment, not to be discharged

unless by their request, . • •>• ■ • • • • 664

sick, regulations relative to, . . . . . . ; . . 664

how punished for offences, ......... 665

to be tried for escapes in Baldwin county, ...... 666

, testimony of, may be taken by interrogatories, . 670

rations for, regulated, . . . . . . . . . . 676

See Internal Rules, Sec. ........ % 667

Stock, materials, tools, Sec. how provided, ... .... 663, 666

Who may go into the building, . . . . . . . «•'".'• 664, 668

Doors to be locked, and light put out, at eight o'clock, P. M. . . . . 664

Watch regulated, 664

Infirmary established, . . . . . . . . . . . . "664

Spirituous liquors prohibited, . . . . . . . . . . 664

Articles for the public to be manufactured, See. upon the requisition of the Go-
vernor, ......... ^ .. • 666

Rules and regulations for the internal government, Sec. ..... 667

Visiting committee of the legislature authorized, . * % ' * * ^°
Commissioners of the edifice distinct from the inspectors, . . . . .671

PERJURY, AND SUBORNATION OF PERJURY,

How punished, 586, 631

Verdicts, judgments, Sec. obtained by, how set aside, .... 587, 632

PILOTS AND PILOTAGE, - • #

Commissioners of pilotage for&Darien and Sapelo river appointed, . . . 677
their powers, .......... 677

authorized to place anchors, Sec. in the Altamaha, . . . 680
may levy a tonnage duty on the vessels, proviso, .... 680

Who may be commissioned as pilots, . . . . . . . . 678

No coloured person to be a pilot at Tybee bar, Sec. . . . . . . 678

Commissioners of pilotage for Savannah river and said bar appointed, . 678

William Wall and Andrew Guarde restored to the privil ege of piloting, . 679

-c. k.

INDEX. 1275

PAGE

PLEADING, SPECIAL,

Inadmissible, except in equity, ... ...... 385

PLUNDERING VESSELS, IN DISTRESS,

What punishment for, 577, 624

POOR TAX,

Inferior Courts authorized annually to levy, . . ... . . 919

PORT WARDENS,

How many, and how appointed for Savannah, . 681

POSSESSION, WRITS OF,

Not to be issued against third persons, living on lands levied on, , 140

How issued and executed in Sa»vannah, when tenants hold over, .... 739

How issued, £cc. in Augusta, when tenants hold over, 743

POWELTON,

Act for the better regulation of, . . . ,\ . . • . 1029

amended, ............. 1031

repealed, ............. 1032

PRISONERS,

An act for the relief of, ........... 163

Jailors, how punished for compelling them to become approvers, . . • 633

how punished for inhumanity to, ....... 633

how punished for permitting them to escape, . . . . . 635

What punishment for the rescue of, ........ . 634

Not to be brought into court bound, Sec. . . . . . . , . 648

PRIVATE ACTS.

Adare, Bozeman, a bounty warrant to be issued in the name of, . . 246

Allen, John, an act for the relief of, ........ 693

Burton, Betsey, and others, an act to change their names amended, . . . 683

Brown, Alfred, his name changed, ......... 686

Bell, Zachariah, an act for the relief of, ........ 690

Brown, Benjamin, do. do. ........ 694

Boog, John, do. do. ......... 698

Braziel, William Henry, and others, their names changed, . . . . 704

Bassett, Thomas, pardoned, ........ ... 723

Burnsides, Thomas E. authorized to practice law in this state, ,'..'. 725

Bedgood, Bramleigh, legitimated, and her name changed, ..... 728

Bird, Jesse, his name changed, ......... 732

Coleman, Thomas, the line between Hancock and Washington defined, as to his

residence, ....... . . ... 225

Caswell, Zachariah, his name changed, . . , ... . 686

Cade, William, do. do. ...... .... 697

Clement, James, and others, their names changed, ...... 697

Cordery, Robert, and others, do. do. ...... 720

Curry, Jabez, his name changed, ..,'...,... 720

1276

INDEX.

PRIVATE ACTS,

Culpepper, Andrew I. his name changed, •'.-.• • • . . 732

Cole, Benjamin, an act for the relief of, ........ 735

Coulter, Thomas L. A. his name changed, 720

Crumbley, Seney, legitimated, and her name changed, ...... 736

Clark and Matheson relieved as change bill issuers, ... . . . . 110

Clark, Archibald, compensated for seizing certain Africans, . . . . .818

Dasher, John Martin, act authorizing him to erect mills on Ebenezer mill creek,

repealed, 505

Dimond, Richard Montgomery, certain property vested in, . . . 697

D'Antignac, John, an act for the relief of, 699

Davis, Hannah, do. do. ........ 712

Duke, Betsey, her name changed, ........ 724

Dickenson, Cosby, relieved as an issuer of change bills, . . . . . Ill

Everett, Benjamin, an act for the relief of, . . . . . . . . 684

Evers, Jonathan, pardoned, . . . . . . . . . . 731

Felts, James, his name changed, .......... 720

Feilder, John, an act for the relief of, ........ 695

Gust, Aaron, a bounty warrant to be issued in his name, . . . . 247

Guarde, Andrew, restored to the privilege of piloting, . . . . . 679

Gates, John, his name changed, .......... 686

Greer, John, do. do. . . . . . . , . . 686

Gordon, Alexander, an act for the relief of} ....... 724

Glascock, John S. authorized to practice law in this state, 725

Houston, Ann, an act for the relief of, . . 685

Hardee, John, do. do. ......... 699

Hillyer, Shaler, see Broad River, . 494

Hodgens, Eliab, his name changed, ......... 704

Hogg, Agnes, pardoned, . . . . . . . • . . . 707

Hawthorn, James, his name changed, . . . . • . . .715

Hillis* Jane, certain property vested in, .... ... 720

Hern, Green B. his name changed, 720

Hicks, Andrew and Jeter, an act for the relief of, ..... 726

Hardy, Henry, trustees of the university to make a deed to, ... 1063

Jordan, Overoff, a lot on the Milledgeville common, to be leased to, . . . 959

Jackson, Simon, an act for the relief of, . . . . . . . . 691

Johnson, Esther and James, certain property vested in, ...... 709

Kennon, John, an act for the relief of his heirs, . . . . . . 703

Laughton, Hague, act for the relief of, ........ 688

Lancaster, William S. do. do. 692

Lanier, Clement, do. do 692

Little, Micajah, an act for the relief of his heirs continued, . . . . 687

** %

J* M

INDEX.

1277

PRIVATE ACTS,

Leby, Christian David, certain property vested in,

Lewis, Augustin, a legacy vested in,

M'Call, Sherod. (See Roads.)

Moore, Stephen W. an act for the relief of,

Muse, Joseph, and others, relieved,

MlCloud, John, an act for th.e relief of, continued,

Moore, Reuben, an act for the relief of,

More, Benjamin, do. do.

M'Dade, Thomas, do..

do.

Matthews, Joseph, his name changed, . . , . .

M'Cay, Joseph, do. do.

Moss, Aden, do. do. ,

Moore, John, an act for the relief of, . ...

M'Manus, Robert, pardoned,

Myrxkj John W. and others, their names changed, _..-.

M'Duffee, George, authorized to practice law in this state,

Man in, Willians, do. „ do. ....

M'Murphy, Catharine, an act for the relief of, . .
M'Cormack, John, act of confiscation, &c. repealed as to him, .
M'CuIlens,. James H. name of, changed, . . . ...

Price, Lorinda, and others, their names changed, ....

Payne, Nathaniel, act for the relief of,

Paden, Benjamin, pardoned, . . . . ...

Pate, Edward, an act for the relief of, .

Paine, Samuel, Jane, and others, names of, altered, . .

Rodgers, Whitmel & Reddick, do. do

Ross, Adam, the state's interest in certain property vested in the heirs of,
Richardson, John, his name changed, .......

Ruis, John, an act for the relief of, . .

Robson, Nancy, her name altered, .......

Rucker, Jajie, a lot on Milledgeville common to be leased to,

Saliers, Joshua and others, their names altered, .......

Stobo, William, an act for the relief of, . . . .

Speef, David, do. do. ..,;.■• . .

Smith, Charles, do. do. .

Spring, Lockhart, his name changed, . . . .•*...

Smith, John, and others, their names altered, . ,

Steward, Josiah, jm act for the relief of, ..,,-..

Scott, William. (See Roads.)
Scott, William, a defaulting tax-collector, indulgence given to his securities

Starrett, Benjamin, act for the relief of,

Salter, Ellender, her name changed, &c. . . . .

8 A

PACE

717
73 i

682

684

687

689

690

686

696

704

706

708

710

725

729

168

732

691

705

715

719

721

701

711

720

730

732

966

686

687

693

702

713

715

716

717
718

721

* j>

1278 INDEX.

JPAttE

PRIVATE ACTS,

Springer, William G. an act for the relief of, . . . .• . 729

Slasser, John, pardoned, . ' . . 733

Stewart, Betsey, an act for the relief of, 734

Tamplin, John William H., his name altered, 696

Tapley, John, act for the relief of, 702

Wall, William, restored to the privilege of piloting, • . . . . 679

Wilson, William, an act for the relief of, . . . . . . . 690

Wilkinson, Samuel, do. do. ........ 694

Wyche, Batt, authorized to build a mill on the Oconee, ► 696

Wilson, John, certain property vested in, 700

West, James, his name altered, . . . . . . : . . . 704

Whitney, William O. an act to relieve, 705

Wright, Elisha, do. do. 706,714

Walder, Mary Ann, and others, their names altered, . . • . . . 713

Wester, Ira, her name altered, 720

Wade, Hampton and Solomon, legitimated, . ... . .721

Wooten, alias Eaton, Rebecca, pardoned, ........ 722

Williamson, Francis, act for the relief of, . ■ 727

Wardrobe, Harriet L., the state's interest in certain property transferred to, . 727

Williamson, Lydia, act for the relief of, . . . . ..• . . 734

Williams, William, do. do. . ^. . . . . . . • . 735

Webb, Exum, do. do. . . • . 735

Villadieu, John Charles, his name altered, .696

For other.acts relative to individuals, see Divorces, Ferries, and Bridges. ,

PROSECUTOR,

When liable for costs, ........... 647

His name to be endorsed on the indictment, 647

How punished for compounding offences, . . . . . . . . 636

QUARANTINE,

Persons coming from infecting countries in violation of, how punished, . . . 642

RAPE,

Defined, and how punished, . 571,618

Attempt to commit, how punished, ........ 571, 618

RECEIVERS OF STOLEN GOODS,

How punished, .......... . 635

RECORDS,

What punishment for embezzling, falsifying, destroying, &c 588, 633

Officers withholding from their successors, how punished, . * . . . 633

Certified copies of records, documents, &c. admissible in evidence, proviso, . 300

Two manuscript books of, in the executive department, legalized, . . . 289

Of Warren county, to be transcribed, . 290

Of the Court of Ordinary of Scriven county, a copy thereof confirmed, . . 291

■

**:•

» J.

INDEX. 1279

PAGE

RECORDS,

Of the register of probates in Columbia county, a copy thereof confirmed, . .293
Of the Court of Ordinary of Burke to be transcribed, ..... 295
Of the Court of Ordinary of Twiggs to I5e transcribed, ..... 296

Of Lincoln county to be transcribed, .•".'. . . . . . . 297

Of Wilkinson county to be transcribed, . . 298

RENTS,

An act to point out the mode for collecting, 737

Distress warrants, how issued and levied, ........ 737

Goods distrained may be. replevied, and in what manner, . . . . 737

Claims to be made, returned and tried, as in other cases, . . . • . . 737
No distress shall exclude older judgments, ... . . . . . 738

Double rent recoverable when tenant holds over, . . 738

Leasor may retake possession of 'his premises if his tenant fail to pay rent as it

becomes due, ............ 738

' • ' Contracts for rent shall draw interest, 738

Actions for rent arrear triable at the first term, ....... 738

How collected in Savannah and its precincts, ....... 739

How collected in Augusta and its precincts, ........ 741, 743

REPRESENTATION,

Of the several counties apportioned, ......... 745

RESCUE, m

How punished, . . . . . . . . . . . . 634

RICEBOROUGH,

Incorporated, 1051

RIOT,

What, and how punished, ......... . 592, 637

RIVERS. See Navigation.
ROADS AND. BRIDGES.

Road laws, amended as to Wayne county, 747, 75.8

amended as to Camden county, . . . . . . 749

amended as to Glynn county, . . . 755, 762, 767. 780, 782, 795

amended as to Warren county, ....... 776

amended as to Clark, Franklin, Elbert, Tatnall and Wilkinson counties, 777
of M'Intosh county amended, .....'... 783

of Laurens county amended, ....... 771,784

An act more effectually to open and keep in repair, . . . • . . .751

Said act amended. . . . . 759, '765

An act vesting in William A. Dunham certain powers in relation to Ogechee

causeway, in Bryan county, (repealed) ....... 756, 770

Sherod M'Call authorized to open a road through Effingham and Chatham, . 761
William Scott authorized to open a road from Bull Town Swamp to Fort Barring-
ton, (repealed) , 763, 769

8 A 2

1280

INDEX.

ROADS AND BRIDGES,

An act more effectually to improve the public roads,

Russell Goodrich and others authorized to open a road through the Cherokee na

tion, and incorporated, . . . . • . *

allowed further time for opening said road,
Act relative to the roads, &c. in Richmond and Jefferson counties,

repealed as to Jefferson county, .......

Act of 1818, to alter and amend the road laws, .....

772

. 774

779
. 784

794
T 786

786
. 792

792

786, 791
787

787, 790
790

. "790
791

. 792
793

. 793
793

Justices of the Inferior Courts to lay out districts,

at what times to hear and determine road matters, .
'not required to designate anew districts now properly laid out,
New roads, and the alteration of old ones, how procured,
Commissioners of, how appointed, . . . . • ♦ •

vacancies of, how filled, . " . • #•

shall hear and determine cases of default, .
liable to a fine of g60 for neglect of duty, .
how proceeded against for neglect, ....

shall designate roads on oath, if required by the court, .
shall make an entry of all fines in a book, .
which shall be annually returned to the Inferior Court,
penalty for not doing so, ..... .

(See the act generally for further duties.)

Overseers, how appointed, . . . 787

in what way, how often, and for what time to call out hands, . . 787
shall superintend the working on roads, ...... 788

when to return defaulters, ........ 788

how appointed when a road forms a district line, ..... 788

may appropriate all timbers, except boards and shingles, for the repair

of roads, . 789

(See the act generally for other duties.)
Who are liable to labour on, . . . . . . . ..*'.. . . 787

Owners of slaves to render a list of those liable to work, . . . , 787

Fines on defaulters prescribed, 788

appropriation of, 788, 790

Executions against defaulters, how issued, levied, 8cc. . . . . 788

Disputes as to district lines, how settled, . . ... . ... . 788

Roads to be thirty feet, and causeways sixteen feet wide, 789

penalties for obstructing, and how recovered, . ^ . . . . 789

leading from court-houses, &c. to be measured, and mile-posts set up, . 791

sign boards to be erected at the fork's of, ^. •/*&*" 791

penalty on overseers for not measuring, &c. ....... 792

penalty for removing or defacing said boards, Sec. 792

Bridges, the building of one across Little river, at Butts', provided for, . , 781

INDEX.

128 i

ROADS AND BRIDGES,

Bridges, over streams dividing two counties, how built, ;

the repairing of, provided for, . . .

what to be done when a commissioner to let out becomes undertaker or
security, ...........

Ferries under the control of the Inferior Courts,

Certain counties exempt from this act,

Part of a former act declared in force, .

Part of the act of 1818 repealed as to Jefferson county, .....
(See Index to the Resolutions.)
ROBBERY, i

Defined, and how punished, .

ROGUES AND VAGABONDS,

Who deemed such, and how punished,

SABBATH,

What punishment for keeping open tippling houses on the,
SALARIES,

Of public officers,

SALEM,

Village of, incorporated, . . . . . . .

SANDERSVILLE,

Incorporated, . . . . ..,'-. . . .

Act of incorporation amended; . . . . ...

SAVANNAH,

Port wardens for, how many and how elected, ....

Mayor's Court, how held ; its jurisdiction increased,

Clerk of the market, how elected, . . . .

Appropriation for fortifying,

Rents, and the possession of rented property, how recovered in,

Vendue masters of. (See Vendue Masters.)

Flour inspection established in, ......

Insurance Company of, incorporated,

Hibernian Society of, do. . . . .

Library Society of, do. . . , . . ♦

Marine and Fire Insurance Company, do. . . .

Union Axe and Firemen of, do. .

Free School of, do. .....

Stockholders of the theatre, do.

Steam Ship Company of, do. .....

Poor house and hospital of, three lotteries authorized for,

donation made to, ....

Health officer of, not entitled to fees, in certain cases, ...

not bound to visit vessels arriving from any place in the state

789
789

789
793
793
793

794

574, 621

599, 642

640

320, 321,322

1045

948
. 949

681

1004

1005

739

329
824
827
828
831
842
844
849
523
830
860
319
319

INDEX.

SAVANNAH,

A Court of Common Pleas and of Oyer and Terminer established in,

Civil jurisdiction of the Mayor's Court repealed, :......

An act relative to foreign passengers arriving there during the sickly season,
SAVANNAH RIVER. (See Navigation.)
SECURITIES,

Entitled to writs of ne exeat against their principals or fellow securities, in cer-
tain cases, ..............

When they satisfy executions against their principals, shall have the control
thereof, . . . 375,

Judgment, how rendered in justices' colirts, when it is proven that any joint obli-
gor, 8cc. is merely a security, ..........

SHERIFFS,

Shall sell land and negroes levied on by constables, ......

When to be elected,

Shall be sworn and give security in a certain time, of a new election to be ordered,

Their duty when property levied on is claimed, .......

Arresting a person on criminal process, what to do, : 139,

Shall take security of jailors, . . . . . .

Their sales in Camden county to be at St. Mary's, if required by the defendant,

In any case where a sheriff is party, and no coroner can be obtained, the sheriff
of an adjoining county may act, ........

Of Twiggs and Wilkinson counties, certain acts of,* legalized, . . . .

Subject to the rule of court, though out of office,

£>f Bryan county, not to be paid out of the county funds, . . . . .

Required to collect monies under executions against tax collectors, .

How proceeded against for not paying over the same, . . . .

Certain acts of, legalized,

Of the middle circuit, acts of, legalized, ........

Of Jasper county, and his deputies, acts of, legalized, .....

Of Jackson county, where to advertise his sales,, . . . . . • 158,

Of Clark county, do. do. ...... 158,

Vacancies of, how filled, . . . . . . . . .

In certain cases, may pursue a person into any county, and serve a bail or crimi-
nal process, . . . . . .

Their duty as to prisoners in jail, .•..-•% .......

How liable for not carrying convicts to the penitentiary, .....

How punished for permitting escapes, . . . . . . . . .

Persons resisting, 8cc. how punished, . • . . • a "

Their fees, 322,

SLAVES AND FREE PERSONS OF COLOUR,

An act to establish a tribunal for the trial of slaves, .....

Said act extended to free persons of colour, . .

38r

387
44

530

384

375
138
141

139
169

140
142

142
143
149
149
144
144
145
153
157
165
162
161

162
163

660
590
588
323 '

797

800

INDEX. 1^85

PAGi.

SLAVES AND FREE PERSONS OF COLOUR,

An act for the trial and punishment of, 804

Said act amended, ............ 807

How apprehended for offences, . . . . . '• * • • 797

How tried and punished for offences not capital, ...... 797, 805

Shall be' committed to jail when the offence is deemed capital, .... 797

In such case, shall be tried before the justices of the Inferior Court, and by a jury

of twelve men, 798

Said justices, how and when notified to meet, . * . . . . . 798,805

In case of conviction, what sentence, and when to be passed, . . . 798, 806

Clerk of the Inferior Court shall commit the charge to writing, . . . 798

shall act as prosecuting officer in capital cases, . . ... . 807

shall make a separate record of the proceedings, ..... 799

shall issue subpoenas, &c. . . . • . . . . . . 799

Jurors for the trial of, when and in what manner drawn, 799

seven may be challenged on the part of the accused, and five on the part, of

the state, 799

Trial may be postponed for want of evidence, 779

What shall be capital offences, when committed by, ...... 804

Execution of sentence may be suspended in certain cases, .... 805

Governor'may commute the punishment of death for penitentiary imprisonment,

(repealed) 805, 807

Competency of witnesses on the trial of, . . . . . . . . • 805

Passing of sentence upon, may be suspended for a certain time, .... 806

Owners of old and infirm slaves compelled to maintain them, .... 802

Slaves prohibited from selling certain commodities, without tickets from their

owners, &c. . . . 803, 809

persons trading with them without tickets, how liable, . . . 803, 809
not amenable for certain crimes committed under the coercion of their

owners, &c. 565, 612

such owners, &c. how punished, . . . . .... 566, 612

persons exciting an insurrection of, punished with death, . . . 567, 614
killing of, in the act of revolt, or when resisting a legal arrest, justifiable, 616
punishment for killing or maiming, the same as in the case of white per-
sons, . . , . . 616

what punishment for stealing of, ....... 624, 653

for inveigling away, . . . . . . 578. 624

for harbouring,- ........ 653

persons, not owners, beating a slave or free negro without good cause,

how punished, . .... . • . 654

owners, how punished for cruelty towards, . . . . . 609, 654

introduction of, prohibited, . 608,650

penalties for introducing, , . . . 650

. *

♦

1284 INDEX.

SLAVES AND FREE PERSONS OF COLOUR,

Slaves, who shall be exempt from said penalties, 651

what acts to be done by persons so exempt, . . . . . .651

indictments for introducing, when sufficient, 652

exemption to be plead specially, . . . •. . . .652
proviso, as to servants of travellers and slaves found on board prize ves-
sels, &c. 652

duty of civil and military officers touching this law, ..... 653
persons purchasing or hiring, knowing them to be illegally introduced,

how punished, 652

duty of the clerk of the Superior Court, under this law, . ~ . . 655

act prescribing the mode of manumitting, amended, ^ . . 805,811
penalties of said act increased, and how disposed of, . . . .812

wills, deeds, &c. intended to effect the manumission of, void, . . 812

penalty for executing such deeds, . . . . . . . .813

slaves so»attempted to be manumitted, how disposed of, . . . 813
An act for disposing of Africans, Sec. introduced in violation of a law of the Unit-
ed States, passed in 1808, . . . 808

Free negroes prohibited from coming into this state, . . . . . 812

penalties for violating the prohibition, . . . . . .812

how disposed of, . . . . . . ,. 812

exception as to seamen and apprentices, . . • . . .812

shall be annually registered, . . . . . . 813, 820

duty of the clerks of the Inferior Courts as to the registry of, . 813
without a certificate of registry, may be arrested and sold, . . 814
liable to public labour, . ." . . . . . 814

prohibited from acquiring real property or slaves, . . . .815

said prohibition repealed, as to real property, except in Savannah,

Augusta and Darien, ........ 820

such property to be forfeited, &c I . .815

proceeds thereof, how appropriated, . . . . . . 815*

persons covertly protecting said property, how punished, . . 815

such estate, &c. held at the passage of this law, not to be forfeited, 820

penalties of the act, how enforced, . . . . . .815

proviso, as to testimony, . . . . . . .816

construction of this act, . . . . . . . . 816

general powers of courts relative to it, . . . . . .816

warrants issued under it, to whom returnable, 816

further time for registry granted, and defaulters relieved, . .820

minors legally bound out, exempt from said act, .... 821

Act to compensate persons for the seizure of Africans illegally introduced, . . 817

to compensate Archibald Clark for the seizure of five Africans, . . 818

to compensate the collector of Brunswick for seizing, &c 819

.^.■w-

INDEX. 1285

PASE

SMALL-POX,

Offences relative to the, how punished, . 598, 642

SODOMY,

How punished, * 571,618*

SOCIETIES,

Religious. (See Churches.)

Hibernian Society, iri Savannah, incorporated, ..... . 827

Savannah Library Society, incorporated, 828

Savannah poor-house and hospital, three lotteries authorized for, . . . 830
a donation made to, ....... . 860

Milledgeville Mechanic Society, incorporated, ....... 834

Eiitonton Academy L'^rary Society, incorporated, 840

Savannah Free School Society, incorporated, ....... 844

Wilkes Agricultural Society, incorporated, ........ 851

Augusta Female Asyluu., incorporated, ........ 853

Sunbury Female Asylum, incorporated, .... .... 854

(See Companies)
SPARTA, #

Act for the regulation of, amended, ......... 1035

STACKS OF CORN, &c.

Punishment for setting fire to, ......... 601,645

STAGES,

William A. Dunham authorized to run a line of, between Savannah and St. Mary's, 861
Daniel Hotchkiss authorized to run a line of, between Savannah and Milledgeville, 862
Robert M'Rea and Richard H. Long authorized to run a line of^ between Augusta

and Athens, and between Washington and Eatonton, .... 863, 865

Daniel Hotchkiss and others authorized to give security for running a line of, be-
tween Savannah and Augusta, originally vested in Lewis Culfry and John Coats, 864
John Butt authorized to run a line, between Augusta and Milledgeville, . .. 866
Jonn Courts authorized to run a line, between Darien and Milledgeville, . . 867
John Colby authorized to run a line, between Madison and Powelton, . . 868

St. MARY'S,

Lottery, vacancies in the commissioners of, how filled, ...... 942

Guards and patrols in, under the control of the iritendant and council, . . 943

Intendant, 8cc. may impose fines, . . ... . . . . . 943

Health officer of, not entitled to fees in certain cases, . . . 319

not bound to visit certain vessels, . . . . . .319

Appropriation for fortifying, .......... 4l

Axe and Firemen of, incorporated, ......... 852

(See Vendue Masters.)
STOLEN GOODS,

Receivers, &c. of, how punished, , 590, 635

8 R

1286 INDEX-

PAGE

SUMPTERVILLE,

Purchasers of lots in, relieved 969, 970

SUNBURY,

•* Female Asylum of, incorporat ed, . 854

(See Academies.)
SURVEYORS, COUNTY,

When elected, 138

Shall give security in a certain time, or a new election to be ordered, ■ . . 141
SWINDLERS AND CHEATS,

How punished, 599, 643

TAX,

Collectors and receivers to take the oath and give security in a certain time, or a

new election to be ordered, . . 141

An act compelling sheriffs to collect monies, under the treasurer's executions

against collectors, . , . . . . . . . . .144

An act compelling persons not living in Scriven county, but having slaves therein,
to make a return of, and to pay the tax on the same to the proper officers of

said county, . 873

Direct tax, how settled, collected, Sec. 877, 879, 887

An act for the relief of collectors, as to their insolvent lists, . . . . 881

An act to extend the powers of grand juries in correcting lists of tax returns, . 401
An act relieving persons from paying taxes on property taken away by the British

during the war, . . . . . . . . . . . 885

An act providing for the collection of the direct tax due from the counties of

Burke, Chatham and M'Intosh, 888

Tax act of 1812, for 1813, . . 870

of 1813. for 1814, 875

of 1814, for 1815, 879

of 1815, for 18)6, . 8S3

of 1816, for 1817, • . 887

of 1817, for 1818, 889

of 1818. for 1819, 892

of 1818 for 1820, . ' . .892

TAX, EXTRA,

Inferior Courts authorized to levy, for the support of the poor, . . . 919

(See Counties.)
THREATS. See Menaces.
•TIPPLING HOUSES,

Persons keeping open on the Sabbath day or night, how punished, . . . 640
TOBACCO INSPECTION,

Act to regulate, ..... 334

TOWNS. See their proper names.

■

*«f%

WKk

INDEX.

1287

TREASON,

Defined, 567, 613

Punishable with death, 567, 613

TRIAL,

Under the penal code, regulated, 605, 649

For escapes from the penitentiary, to be in Baldwin county, .... 666
TURNPIKES,

What punishment for injuring the gates, Sec. of, ..... 602, 645

Unacoi Turnpike Company incorporated, . 774

UNIVERSITY, "

Trustees of, appointed, . . . .,.•.*.... 1055

how many a competent board, 1055

vacancies of, how filled, 1055, 1062

shall lay their proceedings, Sec. before the Senatus Academicus, . . 1056

may dispense with the services of any officer, 1059

may reduce the salaries of officers, . . . . . , . 105.9

additional number appointed, 1059, 1062

Board of visitors, of whom composed, . . . . . . . . 1055

Senatus Academicus, of whom composed, and when to meet, .... 1055

Secretary and treasurer to be one and the same person, and how appointed, . 1056

Students may board in town, or in its vicinity, (repealed) . . . 1056, 1060

examination of for degrees, how conducted, . . . . . 1056

liable to militia duty, . . . . ..... 1057

President, vacancy of, during the recess of the S. A. how filled, . . . 1060

Lands of, to be sold, 1058

bonds and mortgages to be taken from purchasers, and how disposed of, 1058
proceeds of the sales to be vested in stock, ..... 1058

said stock not to be disposed of without the consent of the legislature, 1059
the interest only of said stock subject to expenditure, . * . . 1059
sales of lots containing more or less than one hundred acres, legalized, 1060
what to be done, in case any adverse claim to land sold by the trustees,

should be sustained, . . . . . . . - . . 1060

governor to advance g 10,000, on the credit of said bonds and mortgages, 1061

the repayment of said sum, and a previous loan, provided for, . . 1061

Trustees authorized to execute a deed to Henry Hardy, ..... 1063

authorized to make titles to certain persons, on certain conditions, . 1064

Deeds, executed by John Brown, president, legalized, ..... 1065

UNWHOLESOME PROVISIONS,

Punishment for selling, ........... 641

VAGRANTS,

How apprehended and punished, .......... 642

VENDUE MASTERS,

How many, and how appointed for Savannah, .... 1067, 1068, 1073

8 B 2

1288 INDEX

PAGE

VENDUE MASTERS,

How many, and how appointed for Augusta, ...... 1070, 1073

Do. do. for St. Mary's, 1073"

Do. do. for Darien, ....... 1073

Do, do. for MiUedgeville, 1066, 1073

Do. do. for Greensborough, .... . 1071

Those in arrears to the state not to be reappointed for Savannah, . . . 1069
Prohibited from acting until all previous arrearages are paid, . . . , . 1069

Shall take an oath, 1067, 1074

Shall give bond and security, . . . . . . . 1067, 1073

What sums to payHo the treasurer, . . . . . . , . 1068

Bonds of, to be forwarded to the treasurer, 1073

Penalty for selling without license, ........ 1069, 1074

Shall keep a book of sales, 1074

Shall make quarterly returns on oath of sales, to the treasurer, . . . 1074

Shall pay one per cent, on the amount of sales, ....... 1074

Those in default, how proceeded against, ...... 1069, 1074

Shall deliver a duplicate of each return to the clerk of the corporation, &c. . 1075

What to be done, when there are no sales during any quarter, . . . 1075

Held guilty of perjury on a conviction for a fraudulent return, .... 1075

Their securities liable for losses occasioned by fraudulent returns, . . . 1075

VERDICT,

How set aside, when obtained by perjury, 632

VESSELS,

What punishment for burning, &c. ........ 602, 646

What punishment for plundering vessels in distress, ....... 624

WAFFORD'S SETTLEMENT, .

The third section of an act relative to, repealed, ....... 209

WARRANTS. (See Bounty Warrants.)

WARRENTON,

Town of, act incorporating amended, ........ 944

Act to keep open the streets and alleys, . . ' . . . . . . 946

WASHINGTON,

An act to open the streets and extend the corporation of, 986

East street in, established, 8cc. 987

Act of incorporation amended, "..... 988

WATKINSVILLE,

An act for the better regulation of, . . . ' , « . . 1016

Said act amended, . . . . . . . . , . . 1017

WAYNESBOROUGH,

Incorporated, . . . . . . . . . . . . . 951

Act of incorporation amended, . * . . . . '. . . . 957

An act to quiet and confirm the titles of lot-holders in, .... . 954

Said act explained, ............ 956

-.^

INDEX 1289

PASI

WEIGHING,

With scales and steelyards, regulated, . . , . . . . . 1076

WEIGHTS AND MEASURES, FALSE,

What punishment for selling by, . . . . . . . . 600,643

WHARVES, WHARFAGE, SHIPPING, &c.

An act of 1806 relative to, repealed, and one of 1774 revived, . . . 1078

Wharf Company of Augusta, incorporated, . . 858

WITNESSES,

Power of justices' courts relative to, ........ 372

Oaths of, in criminal cases, ... . . . . . . . 607, 650

Competency of, under the penal code, « ...... 650

(See Interrogatories.)
WOLF ISLAND,

A part of, ceded to the United States, whereon to erect light-houses> . • 434

WOODS,

What punishment for maliciously setting fire to, . . . .. . 601, 645

WRIGHTSBOROUGH,

Acts relative to, amended, . . " . . . . . . . . 1046

WRITS,

Of certiorari, prerequisites to the granting of, 133

may be granted by judges out of their circuits, in certain cases, 134

Of possession, not to be issued against third personsliving on lands levied upon, 140
how issued, &c. against tenants who hold over in Savannah and

Augusta, 739, 743

Of Ne Exeat, may be granted when a debt is not due, 530

joint obligors entitled to, in certain cases, against their fellow obli-
gors, " . . . 53L

a security, when entitled thereto, against his principal or fellow

security, . . , , . . . , ; 531

INDEX TO THE RESOLUTIONS.

PAGE

ACADEMY,

Of M'Intosh county, resolution in favour of, 1094

Of Madison county, commissioners of, appointed, who may purchase a certain

amount of confiscated properly, ' 1099

Of Jackson county, resolution respecting former commissioners, who withhold

monies, &c. belonging thereto, 1123

Of Elbert, Jackson, and certain other counties, certain confiscated land in Cam-
den and Effingham, to be disposed of for the benefit of, .- . . 1153, 1169

Of Warren county, resolution in favour of the, ....... 1182

Resolution respecting those academies which have not purchased ^=1000 worth of

confiscated property, 1182

Of Columbia counjty, commissioners thereof appointed, and their powers defined, 1216
Adams 8c Duyckinck, resolutions relative to their contract to print Clayton's Digest,

1089, 1113, 1121, 1132
Adams, General, his expedition against the Indians projected,
ADJUTANT GENERAL,

Governor to order him to repair to Floyd's army, .....

May appoint an assistant during his absence, . . .

Shall abbreviate and consolidate the militia laws, . . .
AFRICANS,

Resolutions respecting those illegally introduced, .....
ALTAMAHA RIVER,

Additional commissioners of, appointed, . . . . . . .

Appling, Colonel, an elegant sword to be presented to him, ....

Resolutions relative to the disposition of said sword, ....
ARMS, PUBLIC,

To be removed from Louisville to Milledgeville, .....

Distribution of, among General Floyd's brigade, directed,

Governor requested to have them repaired, . . . . . ' .

1126,

1130

1128

1173

1204,

1235

1202

1136

1183,

1184

1118

1125

1133

INDEX. 129i

PAGE

ARMS, PUBLIC,

Forty stand to be sent to the major commandant in Tatnall county, . . .1132

Resolution relative to those distributed, Sec 1151

An account of, requested of the Governor, . . . . . . .1160

Report as to their arrangement in the arsenal, . . . .'■■'. . 1217

ARSENAL,

Governor authorized to have one erected, . . .... . . 1 180

Persons to be appointed to value the same, 1235

Attaway, Joseph, resolution in favour of, 1218

BANK,

Of Augusta, Governor authorized to subscribe for five hundred shares in the, . 1083

suspension of specie payment by the, approbated, . . . 1155
Governor to subscribe for such portion of the increased capital as is

reserved to the state, . 1188

Planters', resolutions directing the Governor to subscribe for shares in the, 1106, 1113
Of the State of Georgia, Governor may negotiate a loan to meet instalments in

the, 1254

Governor directed to subscribe for the shares reserved

. to the state, 1165

tax collectors, &c. authorized to receive the bills thereof, 1 166
a room in the state-house to be assigned to the branch

thereof, .. 1175

Of Darien, Governor to subscribe for five thousand shares in the, . . . 1201

directors on the part of the state appointed, . . . . . 1202

Branch of the United States, resolution respecting the tax due from the, . . 1229

Resolution respecting returns required of the banks by the tax law, . . 1230

Bass, John H., resolution in favour of, .... 1083

Bixby, Maria F., resolution in favour of, ......... 1229

Boothe, William, resolution in favour of, , . . . . . . . . 1162

BOUNTY WARRANTS,

Treasurer authorized to open the bundles of, ...... 1083

Resolution respecting those issued in the name of Jere and Jeremiah Russell, . 1124
Those which have been paid off, directed to be burnt, . . . . 1120, 1194

BOUNDARY LINE,

Between Baldwin and Wilkinson counties, run by Daniel Sturges, confirmed, . 1087

.Between this state and the Spanish dominions, resolution relative thereto, . 1168
Between this state and Tennessee, Governor to appoint a mathematician, &c. to

run the same, . . . . . . . . . . . . 1185

Between this state and North Carolina, resolution relative thereto, . . . 1197
Governor to appoint a commissioner to co-operate in running the line contemplated

in a treaty made with the Cherokees, by generals Jackson, Meriwether, &c. 1207
Maps of the lines run between this state and the states of Tennessee and North

Carolina, to be recorded in the surveyor general's office, : 1217

i292 - INDEX.

BOUNDARY LINE,

Resolution respecting the north-western boundary of the territory acquired by

Calhoun's treaty, » 1220

Borland, Abram, resolution in favour of, .......... 1137

Blackshear, General, thanks of the legislature returned to, ..... 1158

Brabin, James, resolution in favour of, . . . . . . . . . . 1202

Bradford, Thomas M., resolution in favour of, . . . , . . . 1215

BRIGADE INSPECTOR" OF CAVALRY,

To be compensated for certain services, . :* 1118

BRUNSWICK AND FREDERICA,

Persons appointed to inquire into the legality of certain sales of lots in, . . 1215
Bryan, Jesse, resolutions respecting certain forged certificates, presented by him for re-
newal, 1103, 1114

Burnett, Colonel John, resolution respecting certain claims of, . . . . . 1200

Bussin, Jesse, resolutions in favour of, :s 1086, 1139

CANALS,

Report, Sec. on a communication received from New York, relative to canal navi-
gation between the great lakes and Hudson river, . 1091
Persons appointed to inquire into the practicability .of cutting one from Great to

Little Ogechee, J*^ .... 1174

Resolution respecting one from the Altamaha to Turtle and Sapelo rivers, . . 1198
CHANGE BILLS,

Resolutions respecting defaulting issuers of, ...... 1192,1209

CLAIMS,

Of Jonas Fauche and others, for military services, resolutions relative thereto,

138, 1103, 1154
Against the Indians, resolutions on the subject of, ..... 1200,1230

Of a portion of militia, &c. whose pay has been withheld, resolution relative

thereto, . . . . . . .*.& •■ • • • 1 1 79

COMMITTEES,

Joint military and land, to employ clerks, 1204

COMPTROLLER GENERAL,

Required to make out a schedule of his books of record, . • *| • 1092, 1148

Resolution respecting his report of 1814, . . . . . . ' . . 1146

CONFISCATED PROPERTY,

Suit to be commenced for two plantations in Bryan county, called Dublin and

Cherry Hill, . . . . • . . * 1081

Carr's Island, in M'lntosh county, to be sold, . . . . . . .1104

Proceeds of the sale, how disposed of, . . . • <1fl| • . 1 104

Claims of the state to certain lands sold in 1810, to be investigated, . . 1117, 1 147
Certain lands relinquished to John M'Queen, for the use of the heirs of Basil

Cowper, ^ !^ W' ul"(

Resolutions relative to bonds and mortgages given by purchasers of, . 1124, 1141

MM I

INDEX.

1293

Resolutions relative to monies due for, 1141

Certain lands in Caniden and Effingham counties to be disposed of, for the benefit

CONFISCATED PROPERTY,

jlutions relative to mon

\
;ain lands in Camden ar

of certain academies, 1153, 1169

• Resolution recommending a sale of the state's claims to confiscated property, 1191
CONFISCATION AND BANISHMENT,

Names of those persons mentioned in the act of, who have not been restored to

citizenship, to be published, . . . . . . . . , H08

CONSTITUTION,

Of the United States, an amendment thereto proposed by Congress, agreed to, 1084
amendment as to the senatorial term of service proposed, 1137
amendment proposed by North Carolina, dissented to, . 1 189
amendment proposed by Kentucky, agreed to, . . 1190
Of the State, Governor's signature, not necessary to the passage of bills amenda-
tory thereof, 1090

shall be printed, together with the amendments, and annexed to the

laws of 1813, 1121

Cowper, Basil, certain confiscated land relinquished in favour of his widow and children, 1117
Cooper, John, defaulting tax-collector of M'Intosh county, resolution respecting the

treasurer's executions against him and his securities, ..... 1211

Cook, Joseph, resolution in favour of 1228

Crawford, Obadiah, resolution in favour of, . . . . . . . . 1096

DARIEN,

Our senators, &c. in Congress, requested to have the same established as a port

of entry, .1171

(See Harbour Master and Tonnage Duty.)

Davis, Benjamin, resolution in favour of, . . . . .- . . . 1146

DEBT, due from the United States to this state, resolution relative to the, . . . 1096

public, certain evidences of, which have been paid off, to be burnt, . 1120, 1194

Demere, Raymond, and others, resolution in favour of, , . . . . .1149

Devereux, A. M. See Non-importation.
DIGEST,

Clayton's, resolutions respecting Adams Sc Duyckinck's contract to print,

1089, 1113, 1121, 1132

distribution of, directed, ........ 1145

and Marbury's to be forwarded to the new counties, .... 1214

DIRECT TAX, Governor directed to settle it, . . . . . . . 1138

Dixon, Joel, resolution in favour of, .......... 1162

Drane, Walter, his grave to be enclosed, . . . . . . . . . 1190

Dunn, Nehemiah, resolution in favour of . . . • . . * .1144

Eckols, Sims, and Flournoy, proceedings against to be discontinued, . . • 1138

ELECTORS, Presidential, resolution of 1812, respecting the, ..... 1113

Ellicott, Andrew, report relative to his account for ascertaining the 35th degree of north

latitude, • 1114

8 C

1294

INDEX,

ESCHEATS,

Attorney and solicitors general, directed to ascertain if any clerks have monies in

their hands arising from, 1189

EXECUTORS, ADMINISTRATORS AND GUARDIANS,

Laws relative to, to be compiled, and how distributed, . - . . . . 1201

Fell, F. S., resolution in favour of, 1122

Fauche, Jonas. (See Claims.)
FLORIDA, EAST,

A memorial to Congress, recommending the taking of, .... 1099

Floyd, Gen. John, thanks of the legislature returned to, . . . . . 1158

(See Militia.)

Foard, William, petition of, not granted, 1233

FOREIGN RELATIONS,

Resolutions of 1811 and 1814, on the subject of, 1085,1141

FORTIFICATION,

Around Savannah, resolution relative to expenditures incurred on account thereof, 1161
FRACTIONS,

Proceedings against the commissioners who were appointed to sell, shall be dis-
continued, . . . . ; . . . . . . . 1138

Indulgence granted to the purchasers of, ...... 1139,1153

Governor to appoint a person to attend the sales of, under executions in favour of

the state, . . 1 156

Resolutions directing the collection of monies due for, . . . . .1183

Report, &c. relative to monies collected, &c. by colonels Franklin and Jones, on

account of, ............. 1195

Solicitor of the Ocmulgee Circuit, required to ascertain what amount of money

was collected by the former solicitors, on account of, ..... 1196

Time extended for said inquiry ........ 1208, 1218

Franklin, Col. Bedney, resolution in favour of his executors, 1199

FREE SCHOOLS,

Report, Sec. on the subject of, ......... 1221

FRONTIERS,

Resolutions respecting the defence of, ... 1102, 1104, 1123, 1128, 1130

GAMBLING,

Resolution of 1811, on the subject of, ........ 1095

GEORGIA JUSTICE,

Five hundred copies thereof to be purchased, and how distributed, . . 1221

Governor's House, the repairing of, provided for, . . . . . . . . 1230

Grantland, S. & F., resolution in favour of, . ' . . . . . . . 1162

Gray, Priscilla, resolution in favour of, .......... 1180

Greene, William D., resolution in favour of, 1236

Gugel, Christian, resolution in favour of his administrator, . . ... - . . 1 164
HARBOUR MASTER AND HEALTH OFFICER,

Of Savannah, St. Mary's, and Darien, resolutions respecting their fees, 1 105, 1 132, 1 184
Horton, Nancy, resolution in favour of, . 1 . t . . . . . 1150

INDEX. 129S

PAGE

INDIANS,

Governor to appoint commissioners to treat, (under the sanction of the United

States,) with the Cherokees, for certain lands, 1082

Intruders on the lands of, to be removed, 1144

Resolutions respecting claims against the, 1200, 1230

Shall be removed from the late cessions of territory, . . . . 1228

Treaty of Fort Jackson remonstrated against, Sec. . . . . . .1169

Remonstrance against certain subsequent treaties, and respecting the extinguish-
ment of Indian titles, &c. , 1223

Resolution respecting the extinguishment of Indian title, ..... 1168
Governor to procure from the United States, an authority for certain commis-
sioners to treat for lands, . 1230

INTERNAL NAVIGATION,

Governor to transmit to the executive of South Carolina, an act making appro-
priations for, 1186

Report, &c. on the subject of, 1232

Jackson, Gen. Andrew, thanks of the legislature returned to, 1155

JACKSON COUNTY,

Persons a jointed to ascertain the centre of, ....... 1175

Division of, into election districts, recommended, ...... 1175

Jenkins, E. B., resolution in favour of, 1088

Jones, Joseph B., resolutions in favour of, . . . . . . . 1137

Jones, Fanny, resolution in favour of, . . . . . . . . 1163

Jordan, William, resolution in favour of, 1096

JUDGES,

Their conduct in relation to the alleviating law, censured, . . . . 1164

Kean & Jones, resolution in favour of, .......... 1162

Knight, Mary, resolution in favour of, 1217

LAND,

Part of a tract in Scriven county, directed to be sold, . . . . . .1139

Recovered from fraudulent drawers, Governor to appoint a person to attend to the

division thereof, &c. . 1166

Acquired from the Indians, resolutions respecting the disposition thereof, 1176, 1181
Indians to be removed from the late cession of, 1228

LAND BILL,

Members of the legislature to be furnished with copies of, . . . . 1201

(Sf,e Confiscated Property, Indians and Boundaries.)

LAND LOTTERY,

Governor to cause the returns for i draws therein, to be examined and arranged, 1233

Langston, Reuben, resolution in favour of, . . . . . . . . . 1136

Lane, James, resolution in favour of, . . ., . . . . . . .1177

LAWS,

And Journals, resolutions relative to the printing of the,

1112, 1114, 1131, 1136, 1147, 1172, 118 3, 1198
8 C 2

1296

INDEX.

LAWS,

Copies of the, to be transmitted to the several states, &c.

Militia, to be consolidated, and by whom,'

Patrol, to be compiled, and how distributed, .....

Relative to executors, administrators and guardians, to be compiled, &c.

From 1811 to 1818, to be forwarded to the new counties,
LEGISLATURE,

Of 1813, recommended to appear in homespun, .....

Thanks of the, returned to our naval and military officers,
LAURENS COUNTY,

Resolutions respecting commissioners of the public buildings of,

Locket, Abner, resolution in favour of,

LOANS,

Resolutions authorizing the Governor to negotiate, ....

Lyon, Martha, resolution in favour of, .........

Lyons, Noris, swords to be delivered to, .........

MAIL ROUTE,

Between Savannah and Milledgeville, via Louisville, resolution respecting its re-
establishment, .............

MEMORIAL AND REMONSTRANCE,

Respecting the occupation of East Florida, . . . .

Of the legislature of 1812, against the trade carried on with Spain and Portugal,

Against the treaty of Fort Jackson, &c. ........

Against certain subsequent treaties, and respecting the extinguishment of Indian
titles, Sec. .............

MILITARY SYSTEM,

Certain persons appointed to digest one, ........

MILITIA,

Governor authorized to call out a portion thereof, to defend the sea-coast, 1102, 1125

Also authorized to order out a portion of cavalry, to protect the frontiers, &c. 1104

Arms and ammunition to be distributed among Floyd's brigade, . . . 1125

Adams' expedition against the Indians projected, ..... 1126, 1130

Governor authorized to station a portion of, at certain block-houses, to be built on
the frontier, ...........

. requested to apply to the general government for supplies, .
authorized to advance $20,000 to procure supplies for Floyd's army,

Resolution relative to the families of those who were killed in service,

Governor requested to ascertain why a certain portion of, together with those who
furnished waggons, have not been paid for their services, ....

A portion of, may be called out to protect the surveyors, Sec. on the southern frontier, 1 198

A detachment may be ordered out to protect the commissioners appointed to ascer-
tain the head of St. Mary's river, ......

Resolution respecting the payment of said detachment, . .
MILITIA LAWS,

To be consolidated by the adjutant general, .....

1179

. 1151

1151, 1186

. 1201

1214

.'. 1119
1134

1110, 1227

1208

1129, 1154

1219

. 1087

1097

1099
1111
1169

.1223

1151

1128
1129
1129
1174

1179

1201
1211

1173

INDEX. 1297

fAQS

MILLEDGEVILLE,

Resolution relative to gambling in, 1095

Suits against the purchasers oflots in, to be commenced upon the request of their

securities, ............. 1095

State commissioners of, resolution relative to their pay, . . . . .1116

Said commissioners required to deliver all bonds, notes, See. to the treasurer, 1119

Governor to cause said notes, Sec. to be collected, . .',.■• . . 1119,1140
Indulgence given to the purchasers of lots in, ........ 1152

Governor authorized to prevent the removal of houses, from lots not paid for, 1154

Resolution respecting monies due for lots, . . . . . . . 1183

Intendant, &c. required to make a certain report to the legislature of 1820, . . 1213
A lot on the common to be leased to Jane Rucker, .... 1087, 1110

Do. do. to Jesse Bussin, 1086,1139

Do. do. to George Micklejohn, .... 1106

Do. do. to Willoby Jordan, 1107

Do. do. to Joseph B. Jones, . . . . . 1137

Do. do. to Fanny Jones, . . . . . .1163

Do. do. to Lemuel Vickers, 1172

Do. *# do. to Priscilla Gray, . . . \ . .1180

Do. do. to Mary Knight, 1217

M'INTOSH COUNTY, ;

Criminals therein to be confined in the jail of Darien, until a county jail be built, 1099
M'Intosh, lieutenant James, a sword to be presented to him, . . . . . 1143

M'Intosh, general, thanks of the legislature returned to, ; 1158

M'Kinnon, John, resolution in favour of, ......... 1103

M'Kinne & Shultz, resolution in favour of, 1206

.M'Queen, John, resolutions, &c. respecting certain petitions of, .... 1117,1148

M'Ncal, Daniel F., resolution in favour of, ....... 1229

Micklejohn, George, resolution in favour of, ......... 1106

Mitchell, Governor D. B., his conduct in relation to Indian affairs commended, 1104, 1130

Mitchell, William S., resolution in favour of, . . 1114

MONTGOMERY COUNTY,

Justices of the Inferior Court and commissioners of the public buildings of, ap-
pointed, .•;>•'. . . . , . . . . . . . 1107

Moore, Stephen W., resolution in favour of, . < 1177

Morgan, Stokely, resolution in favour of, ......... 1096

NAVIGATION, INTERNAL,

Report, &c. on the subject of, 1232

(See the proper names of our rivers.)
NEGOTIATION AT GHENT,

Resolution respecting the, .... .... . 1141

Nevvnan, colonel Daniel, resolution in favour of, , . 1150,1151

(See Volunteers.)
NEGROES, See Africans,

1298 INDEX'

PAGE

NON-IMPORTATION LAW,

Resolution relative to a violation thereof by A. M. Devereux, &c. . .1124

Nowlan, colonel George, appropriation for his interment, . ."'/ . . . 1171

his grave to be enclosed, .../..... 1190

OCMULGEE DISTRICT,

Solicitor general of, to be assisted by some attorney to prosecute Scott 8c Thomas, 1118

OCONEE NAVIGATION ASSOCIATION,

Report and resolution relative to their proceedings, ...... 1209

Members thereof appointed, . 1190,1210

Appropriation recommended for the payment of their instalments in the state

bank, Sec. . . . y . . . 1167

OGECHEE RIVER,

Commissioners of, appointed, . . . . . . . . . .1190

Commissioners appointed to open Schedeway Narrows, near the mouth of, 1198, 1218

OQUAFENOCA SWAMP,

Governor to appoint commissioners to explore the, 1227

Pate, Edward, resolution in favour of, 1167

Patrick, J. M., resolution in favour of, 114i

PATROL LAWS, # *

To be compiled and distributed, 1151,1186

Paterson, James, resolution in favour of, . . . . . . . , 1152

PENAL CODE,

A committee appointed to revise and enlarge the one reported in 1811, . . 1098
One adapted to the penitentiary system to be compiled, . . . . .1150
T. U. P. Charlton and Charles Harris to be compensated for compiling the same, 1 176

PENITENTIARY,

Appropriations for the building of the, . . . . . 1096,1114,1156

Site thereof, by whom to be selected, Sec. . 1096

Commissioners appointed to contract for the building of the .... 1097

Governor's signature necessary to their contracts, . . . 1097
required to make certain reports, .... 1127,1134

report respecting their disbursements, . . . . . 1156

resolution in favour of, ........ 1186

Considerations as to the policy of the system, . . . . . . 1157

An abandonment of the original plan of the building deemed inexpedient, . 1157

Board of inspectors appointed for, . . . . . . . . . 1171

Perry, Captain, thanks of the legislature returned to, . . . . . . .1129

Petit, Pierson, resolution in favour of, . . .'.,". . . . . . 1136

QUARTER MASTER'S DEPARTMENT,

Governor authorized to negotiate a loan to be advanced to the, . . . .1143

REMONSTRANCE. (See Memorial.)

ROADS,

Governor requested to apply to the President of the United States for the open-
ing of several, 1082,1085,1094,1107

INDEX. 1299

PAGB

Rousseau, James, resolutions in favour of, 1114 n^z

Rucker, Jane, resolutions in favour of, ........ 1087,1110

Saffold, Adam G., to be compensated for certain services, . . . . . 1208

St. MARY'S RIVER, **

Governor to appoint persons to ascertain the head thereof, . . . 1181, 1201

SAVANNAH,

Resolution respecting expenditures incurred on account of the fortification thereat, 1161
SAVANNAH RIVER,

Certain acts making appropriations for the opening of, to be transmitted to the

executive of South Carolina, . . . . . . * . . 1163, 1186

Commissioners of, appointed, ....... 1186, 1213,1219

Governor requested to enter into a correspondence with the executive of South

Carolina, relative to the improvement of, 1215

SEA-COAST,

Resolutions relative to the defence thereof, 1102,1125,1133

Secretary of the Senate to employ an extra clerk for certain purposes, . . . 1186
Secretary of State shall make out a schedule of his books, Sec. . . . 1092, 1148

Scriven, John, a petition of, rejected, . . . . . . . . . 1162

Schackleford, Mordecai, r solution in favour of, 1138

Sims, Zachariah, suit to be commenced on his bond, . . . . . . 1145

Sorrel, John, resolution in favour of, . . . . . . . . . .1160

Slasser, John, Governor requested to respite, ........ 1202

Sparks, Jeremiah, resolutions in favour of, . . . . . . 1172, 1199

Smith, Charles, resolution in favour of, . . . . . . . . 1229

STEAM BOAT COMPANY,

Resolution on the subject of a contract between the state and said company, . 1213

STATE-HOUSE,

Persons to be appointed to ascertain the value thereof, ..... 1093

Valuation acceded to, .......... 1092

Roof thereof, to be repaired, . . .-...;,. . . . . . 1180

Blinds to be put in the windows, . . . . . - . . . 1184

Governor authorized to have the representative room altered, .... 1192

Stroud, Wiliiam, resolution in favour of, . . . ... . . . • 1147

Surveyor General shall make a schedule of his books, &c. .... 1092, 1 148

Summers, A., resolution in favour of, . . . . . . . . . 1231

Swan, Elijah, resolution in favour of, . . . . . . . . 1 1 63

TAX,

Resolution respecting those cases where agents have paid taxes upon land, but

not in the county where the land lies, ....... 1188

Due from the United States Branch Bank, resolution relative thereto, . . 1229

TAX COLLECTORS, &c.

Resolution of 1813, relative to those in default, 1121

Of Twiggs county, resolution in favour of, . . . . . . ,1144

1300 INDEX.

TAX COLLECTORS, &c.

Their duty in relation to defaulting issuers of change bills, . . . .1 194, 1209

Resolutions of 1819, respecting those in default, ■'. 1234

(As to individual collectors, see their proper names.)
TELFAIR COUNTY,

* Site of the public buildings of, to be called Jacksonville, . . . . . 1161

TERRITORY. (See Land.)

Thrift, Caty, resolution in favour of, . . . . . . . . . . 1227

Thomas, John, resolutions in favour of, . . , . . . . 1088,1110

TONNAGE DUTY,

Resolutions relative to the collection of, at the ports of Savannah and St. Mary's,

1105, 1132, 1161

Resolution respecting an act authorizing the commissioners of pilotage at Darien

to collect, ....... 1216

TREASURER,

Shall make out a schedule of his books, &c. . . . . 1092, 1148

His abstract of 1819 to be printed, 1220

TREASURY,

Bonds, Sec. therein to be put in suit, . . . . . . . . 1140

TUGULO RIVER,

A commissioner of, appointed, . . . . . . . . . . 1219

Twining, Nathaniel, resolution in favour of, . . . . . ... 1088

UNFINISHED BUSINESS,

Committees of, appointed, 1176, 1185, 1191

UNIVERSITY,

Appropriation recommended for erecting a grammar school thereat, . . 1216

Vickers, Lemuel, resolution in favour of, 1172

VOLUNTEERS,

Commanded by Colonel Newnan in the Seminole expedition, applauded, . . 1 108

Resolution in favour of the families of those who were killed, . . . .1110

WALTON COUNTY,

Petition of sundry citizens of, rejected, ........ 1226

WESTERN CIRCUIT,

Resolution in favour of the solicitor general and the former judge thereof, . . 1216
WILKINSON COUNTY,

Additional commissioners of, appointed, . . . . . . . . 1119

Williams, Drury, resolution in favour of, 1161

Williams, Wilson, resolution in favour of, . . 1168

Wynn, Richard, resolution in favour of, . . •" . . . . , . 1192

YAZOO DEPOSIT,

Report and resolutions relative thereto, . . . . . . . .1115

THE END.

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