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Full text of "A digest of the laws of the state of Georgia From its first establishment as a British province down to the year 1798, inclusive, and the principal acts of 1799"

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THE UNIVERSITY OF GEORGIA 



LAW LIBRARY 



UNIVERSITY OF GEORGIA LAW LIBRARY 



3 8425 00576 6303 



Digitized by the Internet Archive 

in 2011 with funding from 

LYRASIS Members and Sloan Foundation 



http://www.archive.org/details/digestoflawsofst1800stat 



* LAW LIBRARY 
UNIVERSITY W GEORGIA 
AfHfiNS, GEORGIA 



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DIGEST 



OF THE 







LAWS 



OF THE 



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^om-trs^Rrf-esTAZT&HMENr as a -briti: zofince down 

TO THE TEAR 179S, INCLUSIP 



AND THE 






Is co: 



PRINCIPAL ACTS OF ns9: 

IN WHir" 
m ? rehended the declaration ot independence; the State Conftitutions of 1777 and 1789. with the 



.»■* 



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alterations and amendments in 1794- 
ALSO THE 

\Conjlitution of 1798 

IT CONTAINS 



A* well all the Lavs in force, as thofe whah are deemed ufeful and neceffary. or which afe explanatory 
As wen an uw o{ wifting Luvs . toget rrer, with the 

TITLES OF ALL THE OBSOLETE AND OTHER ACTS. 



AND CONCLUDES 



• • »i,» jriirinal Charters ana other Documents, afc, rta j n ; n „ and defining the 
WrrH an Appendix containing ; the ^ ^ ^^ ^ ^ fouthern tribes ^ ^.^ ^ ^.^ ^ 

Liir,-.8 and Boundary ot the 6ta • Conftitution of the United States, ana a few Aa% of CoT , £rL ; c . 

.nfederation and perpetual i""'"' ° 

Toget2)^ with a copious Index to the wKole. 



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ROBERT & GEORGE WATKINS. 



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philaBttyfjfcu 
BM&TED BY R. AITKEN, N<\ 22, MARKET STREET. 

1800. 




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ADDRESS 



TO THE PI [J®. 



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7 ic wider a con- 

'$ ? ndtrtaking, by 

: : their names 

* Ct 'Hers claim 

npilation. 



I. HE following, work is offer: 
v lotion of its utility. Not incited to thi 
ambition for literary fame, or with a vie 
enrolled in the catalogue of contemporary autbt 
no merit but from their zealous assiduity and L 
Having witnessed the numerous advantages ret ;./''' *be suc- 

cess of similar exertions, in other States, they dt ursue 

the example and collect the whole of the State laz, view. 

Such a work bad been long called for by the public, u.id had been 
contemplated by others at fan earlier period ; but, either from the dif- 
ficulty of the undertaking, or the want of legislative sanction, every 
attempt, in this State, has hitherto failed of success. Notwithstand- 
ing these difficulties, the present compilers observing with much con- 
cern the great uncertainty in the municipal regulations of the State, 
and the embarrassments thereby introduced into evkry department of 
the government, but particularly in tbz courts of justice, whither one 
of them was led by professional duty, they determined though, strange 
to relate, not without opposition, to encounter the ta s f> upon the cre- 
dit of their own fortunes, and hazard its succe&l on itheir own indi- 
vidual reputations. 

In a State whose government has been the theatre of politi- 
cal agitations, in which the reciprocal struggles of jarring and oppos- 
ing interests, have produced the alternate adoption and abrogation of 

opposite 






x^ 



A 



• ■" I iv ] 

opposite measures, the civil polity cannot but be subject to frequent 
and variagated changes : This unfortunately has been too much the 
case with the State whose legislative acts are here presented to the 
hublic ; and this too, he f d< d much to the labor and perplexity oj 
■nlertaking. Man) ofthi e ■. s have never been published, some 
lost or desi, others in a tattered and mutilated con 



■tdL 



■ p 

, 1 i ' 



! 

t.berio 
€aligula. Tb 
siduity, in cc 
tlement of 
repealed < 



ence this collection is made, has bi- 
rr uc' out of the public reach as the laws of 
. ;, however, have exercised their utmost as- 
all the laws in force, passed since the first set- 
British province, together with such of the 
c j as were deemed useful and necessary, as go- 
verning the transactions under them, while in f^rcc ■..- These they have 
arranged with tl r all the other lawi » found, in the or- 

der of time in w • -:ey were passed, wuf,j< arginal notes and 
references as wen < : ' necessary to< v ;v he objects of succeed- 
ing legislatures %o Which is sub/oh < mdamental regulations 
under which tl we enacted. The ca dution of the State as re- 
vised and am d ■■ 1 at different the articles of confederation 
a?id perpetual umf ndtb< m of the United States. They 

ori-rinac charters and other documents, ascer- 

tf miU and boundary of the State; all the 

' tribes of Indians, and a few acts of 



have edso ac 
taining and dt 
treaties wi 
congress,, 






If- to ' /mpilers have zealously endeavoured to fulfil 
their ens* they have to regret the unexpected delay of the 

jniblicatr , however, to be hoped the causes will not be over- 

looked. Soon after their commencement, measures were taken and 
pursued for a change in the constitution. This was too important 

not 



I * 3 

not to wait the issue and incorporate the result. They have not on- 
ly done this, but the delay has enabled them to add the laws of seve- 
ral years mors than originally intended; and the whole code has 
recently undergone a thorough revision. In strict conformity ivith 
those engagements, a guide for justices of the peace should likewise 
have been annexed: but the new matter already added, it is presumed, 
will be deemed more than adequate. Indeed it has been considered that 
the guide will be more useful, by being published in a small portable 
volume. This will be done as soon as possible. The manuscript has 
been long prepared, but the many alterations iitthe constitution and 
laws have rendered a revision of that too, indispensably necessary. Such 
of the subscribers, however, as may not have occasion for the present 
work, without the guide, will be at liberty to withdraw their names. 

Another cause of delay jnay justly be ascribed to the agitation 
of the public mind, during its progress, and to an opposition, which 
sought to destroy the effects and enjoy the fruits of their labor, by 
an indelicate interference, and an illiberal competition.* 

Although 

* During the firft feflion of the legislature of 1799, when the digeft was in theprefs, a candid reprefentation 
was made to them refpecting its progrefs. They took up the fubject and referred it to a large and refpectable 
joint committee from the two branches. This committee reported fpecially, and unanimoufly recommended 
an appropriation 'of fifteen hundred dollars, and added that they were the more induced to recommend the 
adoption of the meafurc " from a conviction that the faid digeft is a work of great labor and merit and will be 
" of importance in forming a complete digeft, agreeably to the 8th feet, of the 3d art. of the conftitution ; and 
-" that thefaid Robert and George Watkins are entitled to a generous retribution- for their labor and exertions.'' 
It was thereupon refolved unanimoujly in thehoufe of reprefentatives, " that the fum of fifteen hundred dollars, 
" be appropriated" accordingly,, to their ufe. The fenate concurred by a larjc majority. During its progrefc» 
however, fome oppofition arofe in the fenate. This was at length explained by one of the governor's particular 
friends, who had the modefly, openly, to move that an addition be made to the impropriation act, in the words 
following : " The fum of two thoufand dollars, fubject to the order of the governor, for the purpofe of enabling 
■'*'■ the executive to promulgate the laws of the State, agreeably to the 8th fed. H the 3d art. of the confti- 
" tution.'' This was negatived — yeas 4, nays 11. And his excellency was directed, by a fecond refolutionj 
to pay the firfl mentioned fum on demand «' out of the contingent fund." Still unwilling to fubmit to the 
will of the legiflature, his excellency has not only been pleafed, in the recefs of that body, to difapprove of 
the appropriation, but has alfo charged the legiflaturc with violating the conftitution in making what he calls 
a " gratuity'' of the public money, and withholds the amount. 

On thefe facts, the compilers forbear to comment. 



[ vi ] 

Although the authors of this work cannot boast of the patro- 
nage of all their rulers, they have the consolation to believe ; that in 
offering it to the public, they are sanctioned, by the approving voice of 
the best informed and most impartial characters in the community. 
To the indulgent eye of a generous public it is, therefore, cheerfully 
submitted. 

The want of age and experience in the compnlers, engaged in 

an arduous profession, added to the circumstances already stated, 

forbid the hope of perfect correctness. Conscious, however, of the 

best intentions, they venture to flatter themselves that the errors will 

be found neither numerous or important. 

Should a greater number of copies be wanted than are now 
printed, a second edition will be published in octavo, in which all 
intermediate alterations in the laws, will be duly noticed, and the ut- 
most care taken to correct and improve the former. 

In a representative government, it is of the utmost consequence 
to the body of the nation, to be rightly informed of those laws and re- 
gulations by which their duties are defined and their rights secured. 
To promote this desirable object, as far as was in their power, has 
been the leading motive of the compilers. That it may answer the 
ends proposed, and advance the public good, is their ardent wish. 

Augusta, 1 July, 1799. 



HAVING been frequently consulted by Mess. Robert and 
George Watkins, during the progress of the following work, we 
do certify, that in our opinion, it is correct, will be of great 
utility, and merits the public attention. 

George Walton, 
William Stith, Jun. 
Seaborn Jones, 
George Walker. 
Augusta, Nov. 15, 1798. 



+mjl imMJwnax yjtfwmmjuw.mjima gca m i ' at -njw a 



Cntetelr; 

IN conformity to the a£l of the Congrefs of the United States, intkled " An 
A& for the encouragement of Learning, by fecuring the Copies of Maps, Charts 
and Books, to the Authors and Proprietors of fuch copies during the times therein 
mentioned." 



THE 

DECLARATION OF INDEPENDENCE. 
JN CONGRESS, JULY 4, 1776. 



* V HEN, in thecourfe of human events, it becomes necefTary for one people to clif- 
folve the political bands which have connected them with another, and to aiTunie^ 
among the powers of the Earth, the feparate and equal ftation to which the laws of 
nature and of nature's God entitle them, a decent refpect to the opinions of mankind 
requires that they fhould declare the caufes which impel them to the feparation. 

We hold thefe truths to be felf evident \ that all men are created.equal y that they 
are endowed by their Creator, with certain unalienable rights ; that among thefe are 
life, liberty, and the purfuit of happinefs. That to fecure thefe rights, gov- 
ernments are inftituted among men, deriving their jud powers from the confent of 
the governed ; that whenever any form of government becomes destructive of thefe 
ends, it is the right of the people to alter or to abolifh ir, and to inftitute new govern- 
ment, laying its foundation on fuch principles, and organizing its powers in fuch 
form, as to them (hall feem moft likely to effect their fafety and happinefs. Pru- 
dence, indeed, will dictate, that governments long eftablifhed, fhould not be chang- 
ed for light and tranfient caufes - y and accordingly all experience hath fhewn, that 
mankind are more difpofed to fufFer, while evils are fufferable, than to right themfelves 
by abolifhing the forms to which they are accuftomed. But when a long train of 
abufes and ufurpations, purfuing invariably the fame object, evinces a defign to reduce 
them under abfolute defpotifm, it is their right, it is their duty, to throw off fuch go- 
vernment, and to provide new guards for their future fecurity. Such has been the 
patient fufferance of thefe colonies ; and fuch is now the neceffity which conftrains 
them to alter their former fyftems of government. The hiftory of the prefent King 
of Great-Britain is a hiftory of repeated injuries and ufurpations, all having in direct 
object the eftablifhment of an abfolute tyranny over thefe States. .To prove this, 
let facts be fubmitted to a candid world. 

A He 



■ • 



DECLARATION OF 

He has refufed his affent to laws the moft wholefome and neceffary for the public 
good. 

He has forbidden his governors to pafs laws of immediate and prefling importance, 
unlefs fufpended in their operation till his affent fhould be obtained ; and when fo 
fufpended, he has utterly neglected to attend to them. 

He has refufed to pafs other laws for the accommodation of large diftri£ts of people, 
unlefs thofe people would relinquifh the right of reprefentation in the legiflature ; a 
right ineftimable to them, and formidable to tyrants only. 

He has called together legislative bodies at places unufual, uncomfortable, and 
diftant from the depofitory of their public records, for the fole purpofe of fatiguing 
them into compliance with his meafures. 

He has diffolved reprefentative houfes repeatedly, for oppofmg, with manly firm- 
nefs, his invasions on the rights of the people. 

He has refufed for a long time,, after fuch diffolutions, to caufe others to be electa 
ed ; whereby the ligiflative powers, incapable of annihilation, have returned to the 
people at large for their exercife ; the State remaining, in the mean time, expofed to 
all the dangers of invafion from without, and convulfions within. 

He has endeavored to prevent the population of thefe States;, for that purpofe ob- 
flru£ting the laws for naturalization of foreigners ;. refufing to pafs others to encourage 
their migrations hither, and railing the conditions of new appropriations ofjands. 

He has obflrufted the adminiftration of juftice, by refufing his affent to laws for, 
eitablifhing judiciary powers. 

He has made judges dependant on his will alone, for the tenure of their offices s 
and the amount and payment of their falaries. 

He has erected a multitude of new offices, and fent hither fwarms of officers, to 
harrafs our people, and eat out their fubftance. 

He has kept among us,, in times of peace, {landing armies, without the content 
el our legislatures.. 



INDEPENDENCE. 

He has affected to render the military independent of, and fuperior to the civil 
power. 

He has combined with others to fubjecl: us to a jurifdiclion foreign toffwr confuta- 
tion, and unacknowledged by our laws ; giving his affent to their acts of pretended 
legiflation : 

For quartering large bodies of armed troops among us : 

For protecting them, by a mock-trial, from punifhment for any murders which 
they fhould commit on the inhabitants of thefe States : 

For cutting off our trade with all parts of the world : 

For impofing taxes on us without our confent : 

For depriving us, in many cafes, of the benefits of trial by jury : 

For tranfporting us beyond the feas to be tried for pretended offences : 

For abolifhing the free fyftem of Englifh laws in a neighbouring province, efta- 
blifhing therein an arbitrary government, and enlarging its boundaries, fo as to render 
it at once, an example and fit inftrument for introducing the fame abfolute rule into 
thefe colonies ; 

For taking away our charters, abolifhing our mofc valuable laws, and altering funda- 
mentally, the forms of our governments : 

For fufpending our own legiflatures, and declaring themfelves invefted with power 
to legiilate for us in all cafes whatsoever. 

He has abdicated government here, by declaring us out of his protection, and wag- 
ing war againft us. 

He has plundered our feas, ravaged our coafts, burnt our towns, and deftroyed the 
lives of our people. 

He is, at this time, tranfporting large armies of foreign mercenaries to complete 
the works of death, defolation, and tyranny, already begun with circumftances of 
cruelty and perfidy, fcarcely paralleled in the mod barbarous ages, and totally un- 
worthy the head of a civilized nation. 




' I 



4 ^ DECLARATION OF 

• 

He has ccmft rained our fellow citizens, taken captive on the high feas, to bear arms 
. agaihft their country, to become the executioners of their friends and brethren, or to 
fall themfelves by their hands. 

He has^g x^fc/ted domeftic infurreftions amongft us, ana has endeavoured to bring 
on the inhabitai^Cs of our frontiers the mercilefs Indian favages, whofe known rule of 
warfare is an undiftinguifhed deftruftion of all ages, fexes and conditions. 

In every ftage of thefe oppreffions we have petitioned for redrefs in the rrioft humble 
terms : Our repeated petitions have been anfwered only by repeated injury. A Prince, 
whofe character is thus marked by every aft which may define a tyrant, is unfit to be 
the ruler of a free people. 

Nor have we been wanting in attentions to our Britiih brethren : We have warned 
them from time to time, of attempts made by their legiflature, to extend an unwar- 
rantable jurifdiftion over us. We have reminded them of the circumftances of our 
emigration and fettlement here^f-We ^ ave a PP ea l e d to their native juftice and magna- 
nimity, and we have conjured A bytne ties of our common kindred, to difavow thefe 
ufurpations, which would inevitably interrupt our connections and correfpondence. 
They too, have been deaf to the voice of juftice and of confanguinity. We muft, 
therefore, acquiefce in the neceffity which denounces our feparation, and hold them, 
as we hold the reft of mankind, enemies in war, in peace friends. 

We, therefore, the Reprefentatives of the United States of America, in general 
Congrefs affembled, appealing to the Supreme Judge of the World, for the reftitude 
of our intentions, do, in the name, and by authority of the good people of thefe Colo- 
nies, folemnly publifh and declare — That thefe United Colonies are, and of right ought 
to be, Free and Independent States; that they are abfolved from all allegiance to the 
Britifh Crown, and that all political connection between them and the State of Great- 
Britain, is, and ought to be, totally diflblved 5 and that as Free and Independent States, 
they have full power to levy war, conclude peace, contraft alliances, eftablifh com- 
merce, and to do all other afts and things which Independent States may of right do. 
And for the fupport of this declaration, with a firm reliance on the protection of 
Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our 
facred honor. 

JOHN HANCOCK. 

JOSIAH BARTLET, 
NEW HAMPSHIRE. ^WILLIAM WHIPPLE, 

MATTHEW THORNTON. 

MASSACHUSETTS 



INDEPENDENCE. 



MASSACHUSETTS BAT. 



RHODE ISLAND, &c. 



CONNECTICUT. 



NEW TORK. 



NEW JERSEY 



PENNSYLVANIA. 



DELAWARE. 



MARYLAND. 



f SAMUEL ADAMS, 
j JOHN ADAMS, 
1 ROBERT TREAT PAINE, 
LELBRIDGE GERRY. 



f*> 



f STEPHEN HOPKINS, 
I WILLIAM ELLERY. 

f ROGER SHERMAN, 



?! 



« SAMUEL HUNTINGTON, 



\ WILLIAM WILLIAMS, 
LOLIVER WOLCOTT. 



f WILLIAM FLOYD, 
J PHILIP LIVINGSTON, 
1 FRANCIS LEWIS, 
LLEWIS MORRIS. 

f RICHARD STOCKTON, 

j JOHN WITHERSPOON, 

<5 FRANCIS HOPKINSON, 

JOHN HART, 

ABRAHAM CLARK. 



ROBERT MORRIS, 
BENJAMIN RUSH, 
BENJAMIN FRANKLIN, 
JOHN MORTON, 
4 GEORGE CLYMER, 
JAMES SMITH, 
GEORGE TAYLOR, 

, JAMES WILSON, 

iGEORGE ROSS. 

f CAESAR RODNEY, 
I GEORGE READ. 



("SAMUEL CHASE 



i 



| WILLIAM PACA, 



\ THOMAS STONE, 

LCHARLES CARROLL, of Carrollton. 



VIRGINIA. 



DECLARATION OF, &c. 



VIRGINIA 



f GEORGE WYTHE, 
j RICHARD HENRY LEE, 
I THOMAS JEFFERSON, 
\ BENJAMIN HARRISON, 
J THOMAS NELSON, Junr. 
FRANCIS LIGHTFOOT LEE, 



L 



CARTER BRAXTON. 



NOR TH CAR OL IN A, 



r WILLIAM HOOPER, 
) JOSEPH HEWES, 
CJOHNPENN. 



SOUTH CAROLINA. 



f EDWARD RUTLEDGE, 



i 



J THOMAS HEYWARD, Junr. 



1 THOMAS LYNCH, Junr. 
lARTHUR MIDDLETON. 



GEORGIA. 



BUTTON GWINNETT, 
LYMAN HALL, 
GEORGE WALTON. 



THE 



^a j guajUMaih»tfMW;MI«lW»*fllM**J- g ^ 




*THE CONSTITUTION 

w<£^--- if***™* y&f^fa 




-tr-ts* 



W HEREAS the conduct of the legiflature of Great-Britain for many years pair, Preamble 
lias been fo oppreflive on the people of America, that of late years, they have plainly 
declared, and afferted a right to raife taxes upon the people of America, and to make 
laws to bind them in all cafes whatfoever, without their confent; which conduit be- 
ing repugnant to the common rights of mankind, hath obliged the Americans, as free- 
men, to oppofe fuch oppreifive meafures, and to aflert the rights and privileges they 
are entitled to, by the laws of nature and reafon; and accordingly it hath been done 
by the general confent of all the people of the States of New-Hampfhire, MaiTachu- 
fetts-Bay, Rhode-Ifland, Connecticut, New-York, New-Jerfey, Pennfylvania, the 
counties of New-Caftle, Kent and Suflex on Delaware, Maryland, Virginia, North- 
Carolina, South-Carolina, and Georgia, given by their reprefentatives met together 
in General Congrefs, in the city of Philadelphia. 

And whereas it hath been recommended by the faid Congrefs on the fifteenth of 
Maylaft, to the refpeclive aflemblies and conventions of the United States, where no 
government, fuffi'cient to the exigencies of their affairs, "hath been hitherto ettablifh- 
ed,, to adopt fuch government, as may, in the opinion of the reprefentatives of the 
people, belt conduce to the happinefs, and fafety of their conftituents in particular,, 
and America in general-. 

And whereas the independence of the United States of America has been alfo de- 
clared, Gil the fourth day of July, one thoufand feven hundred and feventy fi*, by 
the faid Honorable Congrefs, and all politic:! connection between them, and the 
crown of Great. Britain, is in cenfequence thereof diflblved. 

We therefore the reprefentatives of the people, from whom all cower originates, 
and for whofe benefit all government is intended,, by virtue of the power delegated 
to us, Do ordain and declare, and it is hereby ordained and declared, that the follow- 
ing rules and regulations be adopted for the future government of this State. 

L The 

* Tlys CoaftitMtion gave place to the Conftkution of i?26. — p. 23, 



8 DIGESTOFTHE 

Legiflativc, ex- j # The l e gi{]ative, executive, and judiciary departments fliall be feparate and dif- 

ecutive and ju- . _ _ ., . , '. 

diciavy depart- imct, fo that neither exercife the powers properly belonging to the other. 

inents diftiiict. 

Eledlion of Re- H. The legiflature of this State ihall be compofed of the reprefentatives of the 
preventatives. people, as is herein after pointed out : and the reprefentatives fhall be elected yearly, 
and every year, on the fir ft Tuefday in December, and the reprefentatives fo elected 
fhall mee^t the firft Tuefday in January following, at Savannah, or any other place or 
places where the Hcufe of Affembly for the time being fhall direct. 
Governor&ex- ® n tne m "ft ^ a y °^ tn ^ meeting of the reprefentatives fo chofen, they fhall proceed 
ecutive council, to the choice of a Governor, who fhall be (tiled Honorable; and of an executive coun- 
cil, by ballot out of their own body; viz. two from each county, except thofe coun- 
ties which are not yet entitled to fend ten members. One of each county fhall always 
attend, where the governor refides, by monthly rotation; unlefs the members of 
each county agree for a longer or fhorter period; this is not intended to exclude ei- 
ther member attending: the remaining number of reprefentatives fhall be called the 
Houfe of Affembly: and the majority of the members of the faid houfe fhall have 
power to proceed on bufinefs. 

Affembly to be m. ;[ t flwU be an una i te rable rule, that the Houfe of Affembly fhall expire, and 

JJ Tl T1 1 1 Jl 1 

be at an end yearly and every year, on the day preceding the day of election menti- 
oned in the foregoing rule. 

Ten members jy t The reprefentation fhall be divided in the following manner, ten members 
ty except Liber- from each county, as is herein after directed, except the county of Liberty, which 
ty— -fourteen. contains three parifhes, and that fhall be allowed fourteen. 
Wilkes county. The ceded lands north of Ogechee fhall be one county, and known by the name 

of Wilkes. 
Richmond. The parifh of St. Paul fhall be another county, and known by the name of Rich- 

mond. 
Burke. The parifh of St. George mail be another county, and known by the name of 

Burke. 
Effingham. The parifh of St. Matthew, and the upper part of St. Philip, above Canouchee, 

fhall be another county, and known by the name of Effingham. 
Chatham. The parifh of Chrift Church, and the lower part of St. Philip, below Canouchee, 

fhall be another county, and known by the name of Chatham. 
Liberty. The parifhes of St. John, St. Andrew, and St. James, fhall be another county 

and known by the name of Liberty. 
Glynn. The parifhes of St. David and St. Patrick fhall be another county, and known by 

the name of Glynn. 
Camden. The parifhes of St. Thomas and St. Mary fhall be another county, and known by 

the name of Camden. 
Port tnd town The port and town of Savannah fhall be allowed four members to reprefent their 

ot Savannah, * A 

four members, trade. 

The 



LAWS OF GEORGIA. 



9 



The port and town of Sunbury (hall be allowed two members to reprefent their trade. Sun bury, two 

L J members. 

V. The two counties of Glynn and Camden {hall have one reprefentative each, and Glynn & Cam- 
alfo they, and all other counties that may hereafter be laid out by the houfe of af- f e e n n tat °"e r Hch. 
fembly, fhall be under the following regulations, viz. At their firft inflitution, each Reprefentative* 
county fhall have one member, provided the inhabitants of the faid county fhall have apponbued 1 ' 
ten electors ; and if thirty, they fhall have two; if forty, three ; if fixty, four; if 

eighty, fix ; if an hundred and upwards, ten ; at which time two executive coun- 
feilors fhall be chofen from them, as is directed for the other counties. 

VI. The reprefentative s fhall be chofen out of the refidents in each county, who Qualification of 
{hall have refided at leaft twelve months in this State, and three months in the county Rc P r «* Hta ?* vxs 
where they fhall be elected ; except the freeholders of the counties of Glynn and 

Camden, who are in a Mate of alarm, and who fhall have the liberty of chufing one 
member each, as fpecified in the articles of this conftitution, in any other county, un- 
til they have refidents fufficient to qualify them for more : And they {hall be of the 
proteftant religion, and of the age of twenty one years, and fhall be poffeffed in their 
own right of two hundred and fifty acres of land, or fome property to the amount of 
two hundred and fifty pounds. 

VII. The houfe of affembly fhall have power to make fuch laws and regulations AffemMy to 
as may be conducive to the good order and well being of the State ; provided fuch laws ™ ak | |f ws 
and regulations be not repugnant to the true intent and meaning of any rule or regu- 
lation contained in this conftitution. 

The houfe of alfembly fhall alfo have power to repeal all laws and ordinances May repeal laws 

they find injurious to the people : And fhe houfe fhall chufe its own fpeaker, appoint f bu ju e lts {,j' w * 

its own officers, fettle its own rules of proceeding, and direct writs of election for point its officers 

fupplying intermediate vacancies ; and fhall have power of adjournment to any time vC ' 
or times within the year. K 

VIII. All laws and ordinances {hall- be three times read, and each reading fhall be Manner of pafi"-. 
on different and feparate days, except in cafes of great neceffity and danger; and all u ;s? lavV! > 6 an,ior ~ 
laws and ordinances fliall be fent to the executive council after the fecond reading, 

for their perufal and advice. 

IX. All male white inhabitants, of the age of twenty one years, and poffefled in Qualifications 

his own right of ten pounds value, and liable to pav tax in this State, or being of °. te!e i & {' s ; el '-* c - 

°. i n i i tioa by ballot, 

any mechanic trade, and mall have been refideht fix months in this State, {hall have 

a right to vote at all elections for reprefentatives, or any other officers, herein agreed 

to be chofen by the people at large; and every perfon having a right to vote at any 

election, fhall vote by ballot perfonally. 

X. No officer whatever fhall ferve any procefs, or give any other hindrance to Elections to ba 
any perfon entitled to vote, either in going to the place of election, or during the ' rree arK * °P L1 ° 
time of the laid election, or on their returning home from fuch election; nor {hall 

any military officer, or foldier, appear at any election in a military character, to the 
intent that all elections may be free and open. 

B- XL. Na- 



io DIGEST OF THE 

Perfons to vote XI. No perfon (hall be entitled to more than one vote, which {hall be given in the 
fid^dtieo^no- count y where fuch perfon refides, except as before excepted ; nor fhall any perfon 
bilky difcjualifi- who holds any title of nobility be entitled to a vote, or be capable of fervi ng as a re- 
prefentative, or hold any poll of honor, profit or truft in this State, whilft fuch 
perfon claims his title of nobility; but if the perfon fhall give up fuch diftinction, in 
the manner as may be directed by any future legiflature, then, and in fuch cafe, he 
fhall be entitled to a vote, and reprefent, as before directed, and enjoy all the other 
benefits of a free citizen. 

Perfons not vet- XII. Every perfon abfenting himfelf from an election, and fhall neglect to give in 

,.;.: fubje& to hjg or their ballot, at fuch election, fhali be fubject to a penalty not exceeding five 

pounds; the mode of recovery, and alfo the appropriation thereof, to be pointed 

out and directed by act of the legiflature ; provided neverthelefs, that a reafonable 

excufe fhall he admitted 

Reprefentatives XIII, The manner of electing reprefentatives fhall be by ballot, and fhall be taken 
i° ^ e ., ele ' :fted by two or more juftices of the peace, in each county, who fhall provide a convenient 
box for receiving the faid ballots; and on clofmg the poll, the ballots fhall be com- 
pared in public, with the lift of votes, that have been taken, and the majority imme- 
diately declared; a certificate of the fame being given to the perfons elected, and al- 
fo a certificate returned to the houfe of reprefentatives. 

Ek&or's oath. XIV. Every perfon entitled to vote fhall take the following oath, or affirmation, 
if required, viz. 

' I A. B. do voluntarily and folemnly fwear, or affirm as the cafe may be, that I 
do owe true allegiance to this State, and will fupport the conftitution thereof. So 
help me God.' 

Reprefentatives XV. Any five of the reprefentatives elected, as before directed, being met, fhall 
have power to adminifter the following oath to each other; and they or any other 
member, being fo fworn, fhall in the houfe adminifter the oath, to all other mem- 
bers that attend, in order to qualify them to take their feats, viz. 

Oath. * I A. B. do folemnly fwear, that I will bear true allegiance to the State of Geor- 

gia, and will truly perform the trufts repofed in me; and that I will execute the 
fame to the belt of my knowledge, for the benefit of this State, and the fupport of 
the conftitution thereof; and that I have obtained my election without fraud or 
bribe whatever., So help rne God.' 

Continental de- XVI. The continental delegates fhall be appointed annually by ballot, and fhall 
legates to be ap- jj ave * right to fit, debate and vote, in the houfe of aflembly, and be deemed a part 

pointed annu- . 

ally, and deern- thereof; (abject however to the regulations contained in the twelfth article of the 
aifembly. ' ' C confederation of the United States. 

w , ^ * _ XVII. No perfon bearing any poll of profit under this State, or any perfon bear- 

incapable of a ing any military commiffion, under this or any other State or States, except officers 
of the militia, fhall be elected a reprefentative. And if any reprefentative fhall be 

appointed 



oath bow adnn 
niftered. 



LAWS OF GEORGIA. n 

appointed to any place of profit or military commiffion, which he mail accept, his 
feat fhall immediately become vacant, and he fhall be incapable of re-election whilft 
holding fuch office. 

By this article, it is not to be underftood that the office v of a juflice of the peace is 
a poll of profit. 

XVIII. No perfon fhall hold more than one office of profit, under this State, at No perfon to 
one and the fame time. hold more than 

oneomceoipro- 

XIX. The governor fhall, with the advice of the executive council, exercife the Po Wers of gov- 
executive powers of government, according to the laws of this State and the confti- ern . or and e . xe - 
tution thereof; fave only in the cafe of pardons, and remiflion of fines, which he 

fhall in no inftance grant; but he may reprieve a criminal, or fufpend a fine, until 
the meeting of the aflembly, who may determine therein as they fhall judge fit. 

XX. The governor, with the advice of the executive council, fhall have power to May convene 
call the houfe of of aflembly together, upon any emergency, before the time which I e a * em y ' 
they Hand adjourned to. 

XXI. The governor, with the advice of the executive Council, fhall fill up all Fill up all va, 
intermediate vacancies that fhall happen in offices 'til the next general election : ca j C ff„e\n 
And all commiffions, civil and military, fhall be iffiied by the governor, under his commiffions. 
hand, and the great feal of the State. 

XXII. The governor may prefide in the executive council at all times, except Governor when 
when they are taking into confideration, and perufing the laws and ordinances offered counc ii, 

to them by the houfe of aflembly. 

XXIII. The governor fhall be chofen annually by ballot, and fhall not be eligible How chofen & 
to the faid office for more than one year out of three, nor (hall he hold any mill- " e lgn e 
tary commiffion under any other State or States. 

The governor fhall refide at fuch place as the houfe of aflembly for the time being His refidence, 
fhall appoint. 



XIV. The governor's oath: 
' I, A. B, elected governor of the State of Georgia, by the reprefentativcs there- 
of, do folemnly promife and fwear, that I will, during the term of my appointment, 
r'o the bed of my fkill and judgment, execute the faid office faithfully and confcien- 
tioufly, according to law, without favor, affection, or partiality; that I will, to the 
utmofl of my power, fupport, maintain, and defend the State of Georgia, and the 
conftitution of the fame; and ufe my utmofl endeavors to protect the people thereof 
in the fecure enjoyment of all their rights, franchifes and privileges; and that the 
laws and ordinances of the State be duly obferved, and that law and juftice in mercy 
be executed in all judgments. And I do further folemnly promife and fwear, that I 
will peaceably and quietly refign the government to which I have been elected, at 
')■" period to which my continuance in the faid office is limited by the conditution : 

And 



Oath, 



52 



DIGEST OF THE 



And laftly, I do alfo folemnly fwear, that I have not accepted of the government 
whereunto I am elected, contrary to the articles of this conftitution. So help me God.' 

This oath to be adminiftered to him by the fpeaker of the afTembly. 
President's oath The fame oath to be adminiftered by the fpeaker to the prefident of the council. 

No perfon fhall be eligible to the office of governor who has not refided three 
years in this State. 

XXV. The executive council fhall meet the day after their election, and proceed 
to the choice of a prefident out of their own body — they (hall have power to appoint 
their own officers, and fettle their own rules of proceedings. 

The council {hall always vote by counties, and not individually. 

XXVI. Every counfellor, being prefent, fhall have power of entering his proteft 
againft any meafures in council he has not confented to; provided he does it in three 

days. 

XXVII. During the fitting of the afTembly, the whole of the executive council 
fhall attend, unlefs prevented by ficknefs, or fome other urgent neceffity; and in that 
cafe, a majority of the council fhall make a board to examine the laws and ordi- 
nances fent them by the houfe of afTembly j and all laws and ordinances fent to 
the council fhall be returned in five days after, with their remarks thereon. 

XXVIII. A committee from the council, fent with any propofed amendments to 
any law or ordinance, fhall deliver their reafons for fuch propofed amendments, 
fitting and covered ; the whole houfe at that time, except the fpeaker,- unco- 
vered. 

XXIX. The prefident of the executive council, in the abfence or ficknefs of the 
governor, fhall exercife all the powers of the governor. 

XXX. When any affair that requires fecrecy fhall be laid before the governor, 
and the executive council, it fhall be the duty of the governor, and he is hereby 
obliged to adminifter the following oath, viz. 

* I A. B. do folemnly fwear, that any bufinefs that fhall be at this time commu- 
nicated to the council, I will not, in any manner whatever, either by fpeaking, 
writing, or otherwife reveal the fame, to any perfon whatever, until leave given 
by the council, or when called upon by the houfe of afTembly ; and all this I fwear 
without any refervation whatever. So help me God.' 

And the fame oath fhall be adminiftered to the fecretary and other officers ne- 
ceiTary to carry the bufinefs into execution. 

XXXI. The executive power fhall exift 'til renewed as pointed out by the rules 
of this conftitution. 



Prefident & of- 
ficers of council 
how appointed. 

Council to vote 
by counties. 

Proteft how en- 
tered. 



Powers of coun- 
cil refpeiting 
laws and ordi- 
nances. 



Propofed 
amendments 
how delivered. 



Prefident when 
fo act as gover- 
nor. , > 

Governor may 
adminifter oath 
ef fecrecy K> 
council. 

Oath. 



To iecretary &c 



Executive pow- 
er how long to 
exift. 



XXXII. 



LAWS OF GEORGIA. i 3 

XXXII. In all tranfa&ions between the legiflative and executive bodies, the fame Legiflature and 
fliall be communicated by mefTage, to be delivered from the legiflative body to ^ cutl I e e tra e n e £ 
the governor, or executive council, by a committee ; and from the governor to the them how ma- 
houfe of affembly, by the fecretary of the council ; and from the executive coun- na S ed - 

cil, by a committee of the faid council. 

XXXIII. The governor, for the time being, fhall be captain general and com- Governor's mi- 
mander in chief over all the militia, and other military and naval forces belonging lltar y tItle * 

to this State. 

XXXIV. All militia commiflions fhall fpecify, that the perfon commiffioned Militia com- 

/, 11 . . j ILL- millions how 

fhall continue during good behaviour. lon to conti _ 



nae. 



XXXV. Every county in this State that has, or hereafter may have, two hun- B atta ]; ors how 
dred and fifty men, and upwards, liable to bear arms, fhall be formed into a bat- formed. 
talion ; and when they become too numerous for one battalion, they fhall be formed 

into more, by bill of the legiflature ; and thofe counties that have a lefs number 
than two hundred and fifty, fhall be formed into independent companies. 

XXXVI. There fhall be eftablifhed in each county a court, to be called a Superior court 
Superior Court, to be held twice in each year. On the firft Tuefday in March in the anywhere \olc 
county of Chatham ; held. 

The fecond Tuefday in March, in the county of Effingham ; 

The third Tuefday in March, in the county of Burke ; 

The fourth Tuefday in March, in the county of Richmond ; 

The next Tuefday in the county of Wilkes ; 

And Tuefday fortnight, in the county of Liberty ; 

The next Tuefday in the county of Glynn ; 

The next Tuefday in the county of Camden ; 

The like courts to commence in Odtober, and continue as above. 

XXXVII. All caufes and matters of difpute, between any parties refiding in the Matters in dif 
fame county, to be tried within the county. P ute * 

XXXVIII. All matters in difpute between contending parties, refiding in dif- Where tried. 
ferent counties, fhall be tried in the county where the defendant refides, except 

in cafes of real eflates, which fhall be tried in the county where fuch real eftate lies. 

XXXIX. All matters of breach of the peace, felony, murder, and treafon againft Criminals 
the State, to be tried in the county where the fame was committed. All matters of w ere tne ' 
difpute, both civil and criminal, in any county where there is not a fufficient num- 
ber of inhabitants to form a court, fhall be tried in the next adjacent county where 

a court is held. 

XL. All caufes, of what nature Toever, fhall be tried in the fupreme court, Superior court 
except as hereafter mentioned ; which court fhall confift of the chief juftice, and J unfdl<ai0D - 

three 



14 .AlBflfcpg®^. OF THE 

three or'feof&<0$(itfe"e*f6l^6%si- i f«fiS'Jft^ in the county j in cafe of the abfence of the 
chief juftice, triV-ffefiiofr j^&fcebo'ff the bench fhall zOl as chief juftice, with the clerk 
of the county, attorney for the ftate, fheriff, coroner, conftable, and the jurors. 
And in cafe of the abfence of any of the aforementioned officers, the juftices to 
appoint others in their room pro tempore. And if any plaintiff or defendant in civil 
caufes fhall be diffatisfied with the determination cf the jury, then, and in that cafe, 
Appeals how to they fhall be at liberty within three days to enter an appeal from that verdict, and 
fee tried. demand a new trial by a fpecial jury, to be nominated as follows, viz. each party, 

plaintiff and defendant, fhall chufe fix, fix more names fhall be taken indifferently 
out of a box provided for that purpofe, the whole eighteen to be fummoned, and 
their names to be put together into the box, and the firft twelve that are drawn 
out, being prefent, mail be the fpecial jury to try the caufe, and from which there 
fhall be no appeal. 

jury, judges of XLI. The jury fhall be judges of law, as well as of fact, and fhall not be al- 
law and Fact, lowed to bring in a fpecial verdict ; but if all, or any of the jury, have any doubts 

concerning points of law, they fhall apply to the bench, who fhall each of them in 

rotation give their opinion. 

Howfwom, XLII. The jury fhall be fworn to bring in a verdict according to law, and the 

opinion they entertain of the evidence ; provided it be not repugnant to the rules 
and regulations contained in this conftitution. 

Special jury XLIII. The fpecial jury fhall be fworn to bring in a verdict according to law, 

and the opinion they entertain of the evidence ; provided it be not repugnant to 
juftice, equity, and confcience, and the rules and regulations contained in this con- 
ftitution, cf which they fhall judge. 

"aptures by fea XLIV. Captures, both by fea and land, to be tried in the county where fuch 
a. d land where fl^j ^ e carr i e<: i \ n ■ a fpecial court to be called by the chief juftice, or in his ab- 

snu how tried. ,,,-..„..,,.., ,. e , 

fence, by the then fenior juftice in the laid county, upon application or the cap- 
tors, or claimants, which caufe fhall be determined within the fpace of ten days. 
The mode of proceeding and appeal fhall be the fame as in the fuperior courts ; 
unlefs after the fecond trial, • an appeal is made to the Continental Congrels ; and 
the diftance of time between the firft and fecond trial {hall not exceed fourteen 
days : And all maritime caufes to be tried in like manner. 

Grand jury. XLV. No grand jury fhall confift of lefs than eighteen, and twelve may find a bill. 

_ ' (•„„•„/■; XL VI. That the court of confcience be continued as heretofore praftifed, and that 

enee. the jurisdiction thereof be extended to try caufes not amounting to more than ten 

pounds. 

ExecmTonshow XLVII. All executions exceeding five pounds, except in the cafe of a court mer- 
-' £ r- (] - chant, fhall be flayed until the firft Monday in March; provided fecurity be given 

for debt and colts. 

XLVII I. 



LAWS OF GEORGIA. 15 

XLVIII. All. the cofts attending any action in the fuperiour court {hall not exceed Superior court 

^■^ coirs c 3 nff^ 

the fum of three pounds, and that no caufe be allowed to depend in the fuperior how'longto 
court longer than two terms. continue. 

XLIX. Every officer of the State (hall be liable to be called to account by the officers how 
rr 1 1 catted to ac- 

houfe or aflembly. count. 

L. Every county fhall keep the public records belonging to the fame, and authen- Public records 
ticated copies of the feveral records now in the pofTeflion of this State (hall be made vv ere pt * 
out and depofited in that county to which they belong. 

LI. * Eftates fhall not be entailed ; and when a perfon dies inteftate, his or her Eftates not tobe 
eftate fliall be divided equally among their children ; the widow fhall have a child's divided.' 
fhare, or her dower, at her option; all other inteftates eftates to be divided accord- 
ing to the act of diftribwtion, made in the reign of Charles the fecond, unlefs other- 
wife altered by any future act of the legiflature. 

LII. A regifter of probates fhall be appointed by the legiflature in every county, * e ^ ft h e J ° f P ro " 
for proving wills, and granting letters of adminiftration. pointed. 

LIII. All civil officers in each county fliall be annually elected on the day of the County officers 
general election; except juftices of the peace, and regifters of probates, who fhall be ' a rP 0intC(i ' 
appointed by the houfe of aflembly. 

LIV. Schools fhall be erected in each county, and fupported at the general ex- Public fihooU. 
pence of the State, as the legiflature fhall hereafter point out. 

LV. A court houfe and jail fhall be erected at the public expence in each county, Court-houfes 
where the prefent convention, or the future legiflature fhall point cut and direct. a " 3 :' ' 

LVI. All perfons whatever fhall have the free exercife of their religion; provided Pv.eligioustoler- 
it be not repugnant to the peace and fafety of the State; and fhall not, unlefs by 
confent, fupport any teacher, or teachers, except thofe of their own profeffion. 

LVII. The great feal of this State fhall have the following device: on one fide a Great ftal its 
fchrol!, whereon fhall be engraved, The Conftitution of the State of Georgia ; and dlvKe - 
the motto, Pro bono publico ; — on the other fide, an elegant houfe, and other build- 
ings, fields of corn, and meadows covered with fheep and cattle; a river running 
through the fame, with a fliip under full fail, and the motto, Deus nobis hac otiajecit. 

LVIII. No perfon fhall be allowed to plead in the courts of law in this State, Actotfoies how 
except thofe who are authorifed fo to do by the houfe of aflembly; and if any per- aanuUc;d ' 
fon fo authorifed fhall be found guilty of mal practice before the houfe of affembly, 
they fhall have power to fufpend them. This is not intended to exclude any peifon 
from that inherent privilege of every freeman> the liberty to plead his own caufe. 

LIX. Exceffive fines fliall not be levied, nor exceffive bail demanded, finest 



LX. 

* See aft of 17S5, No. 307, 



ail rot 



I<> 



DIGEST OF THE 



Habeas Corpus. j^x. The principles of the habeas corpus act fhall be a part of this constitution. 
LXI. Freedom of the prefs, and trial by jury, to remain inviolate forever.** 



Freedom of preis 
& trial by jury. 

Clergymen in- LXII. No clergyman, of any denomination, fhall be allowed a feat in the legif- 
lature. 



eligible. 



This conftitu- 
tion how alter- 
ed 



LXIII. No alteration mall be made in this conftitution, without. petitions from a 
majority of the counties, and the petitions from each county to be figned by a majo- 
rity of voters in each county within this State: At which time the affembly fhall order 
a convention to be called for that purpofe, fpecifying the alterations to be made, ac- 
cording to the petitions preferred to the afTembly by the majority of the counties 
as aforefaid. 

DONE at Savannah, in Convention, the fifth day of February, in .the year 
of our Lord one thoufand feven hundred and feventy-feven, and in the 
flrfl year of the Independence of the United States of America. 



A. D. 1670. 
22 & 23 c. 2. 

c. 10. 

Alt ordinaries 
who have pow- 
er to grant ad- 
miniftrations, 
have power to 
take bond. 
Vanghan, 96. 
31 Ed. 3. c. ii. 



The condition 
•f the bonds. 




An aft for the better fettling of Intef cites EJl cites. 

E it enacted. That all ordinaries, as well the judges of the prerogative courts of 
Canterbury and Tork for the time being, as all other ordinaries and ecclefiaftical 
judges and every of them, having power to commit adminiftration of the goods of per- 
fons dying inteftate, fhall and may upon their refpective granting and committing of 
administrations of the goods of perfons dying inteftate, after the i ft day of June,. 
167 1, of the refpective perfon or perfons to whom any adminiftration is to be com- 
mitted, take fufficient bonds with two or more able fureties, refpect being had to 
the value of the eftate, in the name of the ordinary, with the condition in form and 
manner following, mutatis mutandis, viz. 

" II. The condition of this obligation is fuch, That if the within bounded A. B. ad- 
ministrator of all and lingular the goods, chattels and credits of C. D. deceafed, 
do make or caufe to be made a true and perfect inventory of all and fingular the 
goods, chattels and credits of the faid deceafed, which have or fhall come to the 
hands, poffeffion or knowledge of him the faid A. B. or into the hands and poffef- 
fion of any other perfon or perfons for him, and the fame fo made do exhibit or 
caufe to be exhibited into the regiftry of court, at or before 

the day of next enfuing 5(2) and the fame goods, chat- 

tels and credits, and all other the goods, chattels and credits of the faid deceafed 
at the time of his death, which at any time after fhall come to the hands or pofTef- 
fion of the faid A. B. or into the hands and poffefiion of any other perfon or per- 
fons for him, do well and truly adminifter according to law: (3) And further, do 
make or caufe to be made, a true and juft account of his faid adminiftration, at or 
before the day of And all the reft and 



refidue of the faid goods, chattels and credits which fhall be found 



remaining 



M 



upon 



LAWS OF GEORGIA. 



17 



t( 



a 



a 



a 



a 



a 



tt 



u 



upon the faid adminiftrator's account, the fame being firft examined and allowed of 
by the judge or judges for the time being of the faid court, fhall deliver and pay unto 
fuch perfon or perfons refpectively, as the faid judge or judges by his or their de- 
cree or fentence, purfuanl to the true intent and meaning of this act, -fhall limit 
and appoint. (4) And if it fhall hereafter appear, that any laft will and teftament 
was made by the faid deceafed, and the executor or executors therein named do 
exhibit the fame into the faid court, making requefl to have it allowed and appro- 
ved accordingly, if the faid A. B. within bounden, being thereunto required, do 
render and deliver the faid letters of adminiftration (approbation of fuch teftament 
being firft had and made) in the faid court, then this obligation to be void and of 
" none effect, or elfe to remain in full force and virtue." 

III. Which bonds are hereby declared and enacted to be good to all intents and 
purpofeS, and pleadable in any courts of juftice: (2) And alfo that the faid ordinaries 
and judges refpectively, fhall and may, and are enabled to proceed and call fuch 
adminiftrators to account, for and touching the goods of any perfon dying inteftate; 
(3) and upon hearing and due confederation thereof, to order and make juft and 
equal diftribution of what remaineth clear (after all debts, funerals and juft expences 
of every fort firft allowed and deducted) amongfl the wife and children, or children's 
children, if any fuch be, or otherwife to the next of kindred to the dead perfon in 
equal degree, or legally reprefenting their flocks pro fuo cuique jure, according to the 
laws in fuch cafes, and the rules and limitation hereafter fet down: And the fame diftri- 
brutions to decree and fettle, and to compel fuch adminiftrators to obferve and pay 
the fame, by the due courfe of his majefty's ecclefiaftical laws: (4) Saving to every 
one, fuppofing him or themfelves aggrieved, their right of appeal as was always in 
fuch cafes ufed. 

V. Provided always, That all ordinaries and every other perfon who by this act is 
enabled to make diftribution of the furplufage of the eftate of any perfon dying intef- 
tate, fhall diftribute the whole furplufage of fuch eftate or eftates in manner and 
form following, that is to fay, (2) one third part of the faid furplufage to the wife 
of the inteftate, and all the refidue by equal portions, to and amongft the children of 
fuch perfons dying inteftate, and fuch perfons as legally reprefent fuch children, in 
cafe any of the faid children be then dead, other than fuch child or children (not 
being heir at law) who fhall have any eftate by the fettlement of the inteftate, or 
fhall be advanced by the inteftate in his life time, by portion or portions equal to the 
fhare which fhall by fuch diftribution be allotted to the other children to whom fuch 
diftribution is to be made: (3) And in cafe any child, other than the heir at law, 
who fhall have any eftate by fettlement from the faid inteftate, or fhall be advanced 
by the faid inteftate in his life time by portion not equal to the fhare which will be 
due to the other children by fuch diftribution as aforefaid; then fo much of the fur- 
plufage of the eftate of fuch inteftate, to be diftributed to fuch child or children as 
fhall have any land by fettlement from the inteftate, or were advanced in the life time 
of the inteftate, as fhall make the eftate of all the faid children to be equal as near as 

C can 



1 Salle. 



315, 



Ordinaries have 
power to call 
adminiftrators 
to account, and 
to make diftri- 
bution amongft; 
the wife and 
children, &c. 
Vin. v. 14,464. 
Wood, p. 1.159, 
explained by I. 
Jac. a. c. 17. 
fecSt. 8. 
Skinner 26. 



How and to 
whom the fur- 
plufage is to be 
diftributed. 

2 Mod. ao, 101. 

3 Mod. 58. 

1 Vern. 465. 



Advancement 
by portion. 



1 Shower 2?. 



i8 



DIGEST OF THE 



Heir at law to 
have an equal 
part. 

1 Ven. 3 to. 
a Lev. 173. 

2 Ven. 317. 

1 Mod. 209. 

2 Mod. 204. 



If no wife, then 
to be diftribut- 

ed amongft the 
children. 

1 Sack. 250. 
Raymond 496. 
Carthew 5 £. 
jofU'sfirTho. 93 

2 Vernon, 169, 
I/O. 233- 

No diitribution 
'till a(ter one 
year. If debts 
afterwards ap- 
pear, then all 
to refund pro- 
portionably. 



This a£ fhall 
not extend to 
adminifiration 
cum teftamento 
ar.neso. 



can be estimated: (4^ But the heir at law, notwithstanding any lands that he fhall 
have by defcent dr otherwife from the inteftate, is to have an equal part in the diftri- 
bution with the reft of the children, without any confederation of the value of the 
land which he hath by defcent, or otherwife, from the inteftate. 

VI. And in cafe there be no children nor any legal reprefentatives of them, then 
one moiety of the faid eftate to be allotted to the wife of the inteftate, the refidue of 
the faid eftate to be diftributed equally to every of the next kindred of the inteftate, 
who are in equal degree, and thofe who legally reprefent them. 

VII. Provided, That there be no reprefentations admitted among collaterals after 
brothers and filters children: {7) And in cafe there be no wife, then all the faid ef- 
tate to be diftributed equally to and amongft the children: (3) And in cafe there be 
no child, then to the next of kindred in equal degree, of or unto the inteftate, and 
their legal reprefentatives as aforefaid, and in no other manner whatfoever. 

VIII. Provided alfo, and be it likeivife enabled, To the end that a due regard be had 
to the creditors, that no fuch diitribution of the goods of any perfon dying inteftate to be 
made till after one year be fully expired after the inteftate' s death 5 (2) and that fuch 
and every one to whom any diftribution and fhare fliall be allotted, fhall give bond 
with fufficient fureties in the faid courts, that if any debt or debts truly owing by 
the inteftate fhall be afterwards fued for and recovered, or otherwife duly made to 
appear, that then and in every fuch cafe he or fhe fhall refpectively refund and pay 
back to the administrator his or her rateable part of that debt or debts, and of the 
cofts of fuit and charges of the administrator by reafon of fuch debt, out of the part 
and fhare fo as aforefaid allotted to him or her, thereby to enable the faid admini- 
strator to pay and fatisfy the faid debt or debts fo difcovered after the diftribution 
made as aforefaid. 

IX. Provided always, In all cafes where the ordinary hath ufed heretofore to grant 
administration cum teftamento annexo, he fhall continue fo to do, and the will of the 
deceafed in fuch teftament expreSTed fliall be performed and obferved in fuch manner 
as it fhould have been if this att had never been made. 



An Acl for the better fe curing the liberty of the fubjecl, and for 
prevention of imprifonment s beyond the feas. 

WHEREAS great delays have been ufed by Sheriffs, jailors and other officers, 
to whofe cuftody any of the king's fubjetSts have been committed for cri- 
minal or fuppofed criminal matters, in making returns of writs of habeas corpus to 
them directed, by Standing out on alias and pi uries habeas corpus, and fometimes 
more, and by other Shifts to avoid their yielding obedience to fuch writs, contrary 
to their duty and the known laws of the land, whereby many of the king's fubjects 
have been and hereafter may be long detained in prifon, in fuch cafes where by law 
they are bailable, to their great charges and vexation :' 

II. 



LAWS OF GEORGIA. rg 

II. For the prevention whereof, and the more fpeedy relief of all perfons impri- writs of habeas 
foned for any fuch criminal or fuppofed criminal matters ; (2) Be it enabled, That e ° r t"" , within 

r r n iii ''• r; i-oi r, three days after 

whenfoever any perlon or perions mail bring any habeas corpus directed unto any lheriff ferviee to be re- 

or fheriffs, gaoler, minifter, or other perfon whatfoever, for any perfon in his or their j ur j ie( i , .. and i t, 7 

cuftody, and the faid writ fhaLl be ferved upon the faid officer, or left at the gaol or within aomiles, 

prifon with any of the under officers, under keepers^ or deputy of the faid officers or vi c n ' # v 

keepers, that the faid officer or officers, his or their under officers, under keepers or 209. &c. 

deputies, fhall within three days after the ferviee thereof as aforefaid, (unlefs the 

commitment aforefaid were for treafon or felony, plainly and fpecially expreffed in 

the warrant of commitment) upon payment or tender of the charges of bringing the 

faid prifoner, to be afcertained by the judge or court that awarded the fame, and en- 

dorfed upon the faid writ, not exceeding twelve pence per mile, and upon fecurity 

given by his own bond to pay the charges of carrying back the prifoner, if he fhall be 

remanded by the court or judge to which he fhall be brought according to the true 

intent of this prefent act, and that he will not make any efcape by the way, make 

return of fuch writ, (3 ) and bring or caufe to be brought the body of the party fo 

committed or reftrained, unto or before the lord chancellor, or lord keeper of the 

great feal of England for the time being, or the judges or barons of the faid court 

from whence the faid writ fhall iflue, or unto and before fuch other perfon or perfons 

before whom the faid writ is made returnable, according to the command thereof; 

(4) and fhall then likewife certify the true caufes of his detainer or imprifonment, 

unlefs the commitment of the faid party be in any place beyond the diftance of twenty 

miles from the place or places where fuch court or perfon is or fhall be refiding ; and 

if beyond the diftance of twenty miles, and not above one hundred miles, then within 

the fpace of ten days, and if beyond the diftance of one hundred miles, then within 

the fpace of twenty days, after fuch delivery aforefaid, and not longer. 

III. And to the intent that no fheriff, gaoler, or other officer may pretend igno- Such writs how 
ranee of the import of any fuch writ; (2) Be it enabled by the authority aforefaid, tobemarked - 
That all fuch writs fhall be marked in this manner, Per Statutum iricefmo, primo Caroli Writs of habeas 
Secundi Regis, and fhall be figned by the perfon that awards the fame ; (3) and if p^eedtn s 
any perfon or perfons fhall be or ftand committed or detained as aforefaid, for any thereon in va- 
crime, unlefs for felony or treafon plainly expreffed in the warrant of commitment, 
in the vacation time, and out of term, it fhall and may be lawful to and for the per- 
fon or perfons fo committed or detained (other than perfons convicted or in execution 
by legal procefs) or any one on his or their behalf, to appeal or complain to the lord 
chancellor or lord keeper, or any one of his majefty's juftices, either of the one bench 
or of the other, or the barons of the exchequer of the degree of the coif; (4) and the 
faid lord chancellor, lord keeper, juftices or barons or any of them, upon view of the 
copy or copies of the warrant or warrants, of commitment and detainer or otherwifc 
upon oath made, that fuch copy or copies/ were denied to be given by fuch perfon 
or perfons in whofe cuftody the prifoner or prifoners is or are detained, are hereby au- . 
thorifed and required, upon requeft made in writing by fuch perfon or perfons, or any 
on his, her or their behalf, attefted and fubferibed by two witneffes who were prefent 
at the delivery of the fame, to award and grant an habeas corpus under the feal of fuch 

court 



20 DIGEST OF THE 

court whereof (hall then be one of the judges, (5) to be directed to the officer or officers 
in whofe cuftody the party fo committed or detained (hall be returnable immediate be- 
fore the faid lord chancellor or lord keeper, or fuch juftice, baron, or any other juftice 
or baron of the degree of the coif of any of the faid courts; (6) and upon fervice there- 
of as aforefaid, the officer or officers, his or their under officer or under officers, 
under keeper or under keepers, or their deputy in whofe cuftody the party is fo com- 
mitted or detained, mall within the time refpe£tively before limited, bring fuch pri- 
foner or prifoners before the faid lord chancellor or lord keeper, or fuch juftices, 
barons or one of them, before whom the faid writ is made returnable, and in cafe 
of his abfence before any other of them, with the return of fuch writ, and the true 
caufes of the commitment and detainer; (7) and thereupon within two days after the 
party fhall be brought before them, the laid lord chancellor or lord keeper, or fuch 
juftice or baron before whom the prifoner fhall be brought as aforefaid, fhall difcharge 
the faid prifoner from his imprifonment, taking his or their recognizance, with one 
or more furety or fureties, in any fum according to their difcretions, having regard 
to the quality of the prifoner and nature of the offence, for his or their appearance in 
the court of king's bench the term following, or at the next affizes, feffions or general 
gaol delivery of and for fuch county, city or place where the commitment was, or 
where the offence was committed, or in fuch other court where the faid offence is 
properly cognizable, as the cafe fhall require, and then fhall certify the faid writ 
with the return thereof, and the faid recognizance or recognizances into the faid 
court where fuch appearance is to be made; (8) unlefs it fhall appear unto the faid 
lord chancellor or lord keeper, or juftice or juftices, or baron or barons, that the 
party fo committed is detained upon a legal procefs, order or warrant, out of fome 
court that hath jurifdiclion of criminal matters, or by fome warrant figned and fealed 
with the hand and feal of any of the faid juftices or barons, or fome juftice or juftices 
of the peace, for fuch matters or offences for the which by the law the prifoner is, 
not bailable. 
Peribnsneg!e&- IV. Provided always, and be it enacted, That if any perfon fhall have wilfully neg- 
mg two terms ] e ^ e( j Dy t h e f pace of two whole terms after his imprifonment, to pray a habeai cor- 

to pray a habeas ' r r _ . 

,o^»j,fhailhave pus for his enlargement, fuch perfon fo wilfully neglecting fhall not have any habeas 
none m vacati- .p s to ^ granted in vacation time, in purfuance of this a£t. 

on time in pur- * ° ... 

fuance of this V. And be it further enacted by the authority aforefaid, That if any officer or officers, 

3 " his or their under officer or under officers, under keeper or under keepers, or de- 

be riraceeded a- puty, fhall neglect or refufe to make the returns aforefaid, or to bring the body 
gainft for not or bodies of the prifoner or prifoners according to the command of the faid writ, 
writs. within the refpective times aforefaid, or upon demand made by the prifoner or per- 

fon in his behalf, fhall refufe to deliver, or within the fpace of fix hours after de- 
mand fhall not deliver to the perfon fo demanding, a true copy of the warrant or 
warrants of commitment and detainer of fuch prifoner, which he and they are 
hereby required to deliver accordingly ; all and every the head gaolers and keepers 
of fuch prifons, and fuch' other perfon in whofe cuftody the prifoner fhall be de- 
tained, fhall for the fir ft offence forfeit io the prifoner or party grieved the fum of 

OR© 



LAWS OF GEORGIA. 2t 

one hundred pounds ; (2) and for the fecond offence the fum of two hundred 
pounds, and fhall and is hereby made incapable to hold or execute his faid office ; 
(3) the faid penalties to be recovered by the prifoner or party grieved, his execu- 
tors or adminiftrators, againft fuch offender, his executors or adminiftrators, by 
any action of debt, fuit, bill, plaint or information, in any of the king's courts at 
Wejlminfter, wherein no effoine, protection, privilege, injunction, wages of law, 
or ftay of profecution by non vult ulterius pro/equi, or otherwife, fhall be admitted 
or allowed, or any more than one imparlance ; (4) and any recovery or judgment 
at the fuit of any party grieved fhall be a fufficient conviction for the fir ft offence ; and 
may after recovery, or judgment at the fuit of a party grieved for any offence after 
the firft judgment, fhall be a fufficient conviction to bring the officers or perfon with- 
in the faid penalty for the feccnd offence. 

VI. And for the prevention of unjuft vexation by reiterated commitments for the Perfons fet at 
fame offence, (2) Be it enabled by the authority aforefaid, That no perfon or perfons /committed ^ 
which fhall be delivered or fet at large upon any habeas corpus, fhall at any time but by order of 
hereafter be again imprifoned or committed for the fame offence by any perfon or 

perfons whatfoever, other than by the legal order and procefs of fuch court wherein 
he or they fhall be bound by recognizance to appear, or other court having juris- 
diction of the cauie ; (3) and if any other perfon or perfons fhall knowingly, con- 
trary to this act, recommit or imprifon, or knowingly procure or caufe to be re- 
committed or imprifoned, for the fame offence or pretended offence, any perfon 
or perfons delivered or fet at large as aforefaid, or be knowingly aiding or affifting 
therein, then he or they fhall forfeit to the prifoner or party grieved the fum of 
five hundred pounds ; any colorable pretence or variation in the warrant or war- 
rants of commitment notwithftanding, to be recovered as aforefaid. 

VII. Provided always, and be it further enabled, That if any perfon or perfons fhall Perrons com- 
be committed for high treafon or felony, plainly and fpecially expreffed in the war- ™ Itted fo ^ trea " 
rant of commitment, upon his prayer or petition in open court the firft week of the fhall be indidted 
term, or firft day of the feffions of oyer and terminer and general goal delivery, to be o/iej^bau' 1 '"' 
brought to his trial, fhall not be indicted fome time in the next term, feffions of oyer 

and terminer or general gaol delivery, after fuch commitment •, it fhall and may be 
lawful to and for the judges of the court of king's bench and juftices of oyer and termi- 
ner or general gaol delivery, and they are hereby required, upon motion to them made 
in open court the laft day of the term, feffions or gaol delivery, either by the prifoner 
or any one in his behalf, to fet at liberty the prifoner upon bail, unlefs it appear to the 
judges and juftices upon oath made, that the witneffes for the king could not be pro- 
duced the fame term, feffions or general gaol delivery ; (2) and if any perfon or per- And tried the 
fons committed as aforefaid, upon his prayer or petition in open court the firft week teTt "' ^ c - af ! e 

J - r;A > 1 _ or (lnchargea. 

of the term or firft day of the feffions of oyer and terminer and general gaol delivery, to 1 Vent. 346. 
be brought to his trial, fhall not be indicted and tried the fecond term, feffions of oyer 
and terminer or general gaol delivery, after his commitment, or upon his trial fhall be 
acquitted, he fhall be difcharged from his imprifonment. 

VIII. Provided always. That nothing in this a-ct fhall extend to difcharge out of 
prifon any perfon charged in debt, or other action, or with procefs in any civil caufe, 

but 



fter 



22 DIGEST OF THE 

but that after he fliall be difcharged of his imprifonment for fuch his criminal offence, 
he fhall be kept in cuftody according to law for fuch other fuit. 

IX. Provided always, and be it enaEled by the authority afore/aid, That if any per- 
fon or perfons, fubjects of this realm, fliall be committed to any prifon or in cuftody 
of any officer or officers whatfoever, for any criminal or fuppofed criminal matter, 
that the faid perfon fhall not be removed from the faid prifon and cuftody into the 
cuftody of any other officer or officers, (2) unlefs it be by habeas corpus or fome other 
legal writ j or where the prifoner is delivered to the conitable or other inferior officer 
to carry iuch prifoner to fome common gaol ; (3) or where any perfon is fent by or- 
der of any judge of affize or juftice of the peace, to any common work-houfe or houfe 
of correction j (4) or where the prifoner is removed from one prifon or place to ano- 
ther within the fame county, in order to his or her trial or difcharge in due courfe of 
law j (5) or in cafe of fudden fire or infection, or other neceffity j (6) and if any per- 
fon or perfons fhall after fuch commitment aforefaid make out and fign, or counter- 
fign any warrant or warrants for fuch removal aforefaid, contrary to this act, as well 
he that makes or figns, or counterfigns fuch warrant or warrants as the officer or of- 
ficers that obey or execute the fame, fhall fuffer and incur the pains and forfeitures 
in this act before mentioned, both for the firft and fecond offence reflectively, to be 
recovered in manner aforefaid by the party grieved. 

, „ . , X. Provided alfo, and be it further enacled by the authority aforefaid. That it fhall 

1 he penalty ior •> ' , . . 

denying a ha- and may be lawful to and for any prifoner and prifoners as aforefaid, to move and ob- 

mr t us ' tain his or their habeas corpus as well out of the high court of chancery or court of 

exchequer, as out of the courts of king's bench or common pleas, or either of them j 
(2) and if the faid lord chancellor or lord keeper, or any judge or judges, baron or 
barons for the time being, of the degree of the coif, of any of the courts aforefaid, in 
vacation time, upon view of the copy or copies of the warrant or warrants of com- 
mitment or detainer, or upon oath made that fuch copy or copies were denied as afore- 
faid, fliall deny any writ of habeas corpus by this act required to be granted, being 
moved for as aforefaid, they fliall feverally forfeit to the prifoner or party grieved 
the fum of five hundred pounds, to be recovered in manner aforefaid. 

XI. And be it declared and enacled by the authority aforefaid, That an habeas corpus 

according to the true intent and meaning of this act, may be directed and run into 

any county palatine, the cinque ports, or other privileged places within this kingdom 

of England, dominion of Wales, or town of Berwick upon Tweed, and the illands of 

Jerfey or Guernfey, any law or ufage to the contrary notwithftanding. 

No fubjecls XII. And for preventing illegal imprifonments in prifons beyond the feas, (2) Be 

foreign prifons. it further /inacled by the authority aforefaid, That no fubject of this realm that now is, or 

% Vint. 314- hereafter fhall be an inhabitant or refident of this kingdom of England, dominion of 

Wales, or town of Berwick upon Tweed, fliall or may be fent ^prifoner into Scotland, 

Ireland, Jerfey, Guernfey, Tangier, or into parts, garrifons, iflands or places beyond 

the feas, which are or at any time hereafter fhall be within or without the dominions 

of his majefty, his heirs or fucceffors ; (3) and that every fuch imprifonment is hereby 

enacted and adjudged to be illegal j (4) and that if any of the faid fubjects now is or 

hereafter 



LAWS OF GEORGIA. 



23 



hereafter fhall be fo imprifoned, every fuch perfon and perfons fo imprifoned, (hall and 
may for every fuch imprifonment maintain by virtue of this act an action or actions of 
falfe imprifonment, in any of his majefty's courts of record, againft the perfon or 
perfons by whom he or fhe fhall be fo committed, detained, imprifoned, fent prifoner 
or tranfported, contrary to the true meaning of this act ; and againft all or any perfon 
or perfons that fhall frame, contrive, write, feal or countersign any warrant or writing 
for fuch commitment, detainer, imprifonment or tranfportation, or fhall be advifing, 
aiding or affifting in the fame, or any of them ; (5) and the plaintiff in every fuch 
action fhall have judgment to recover his treble cofts, befides damages, which damages 
fo to be given, fhall not be lefs than five hundred pounds j (6) in which action no de- 
lay, (lay or ftop of proceeding by rule, order or command, nor no injunction, pro- 
tection or privilege whatfoever, nor any more than one imparlance (hall be allowed, 
excepting fuch rule of the court wherein the action fhall depend, made in open court, 
as fhall be thought in juftice neceffary, for fpecial caufe to be exprefTed in the faid rule ; 
(7) and the perfon or perfons who fhall knowingly frame, contrive, write, feal or 
counterfign any warrant for fuch commitment, detainer or tranfportation, or fhall fo 
commit, detain, imprifon or tranfport any perfon or perfons contrary to this act, or 
be any ways advifing, aiding or affifting therein being lawfully convicted thereof, 
fhall be difabled from thenceforth to bear any office of truft or profit within the faid 
realm of England, dominion of Wales, or town of Berwick upon Tweed, or any of 
the iflands, territories or dominions thereunto belonging ; (8) and fhall incur and 
fuflain, the pains, penalties and forfeitures limited, ordained and provided in and by 
the flatute of provifion and praemunire made in the fixteenth year of king Richard the 
fecond ; (9) and be incapable of any pardon from the king, his heirs or fucceffbrs, of 
the faid forfeitures, loffes or difabilities, or any of them. 

XIII. Provided always, That nothing in this act fhall extend to give benefit to any 
perfon who fhall by contract in writing agree with any merchant or owner of any 
plantation, or other perfon whatfoever, to be tranfported to any parts beyond the feas, 
and receive earnefl upon fuch agreement, although that afterwards fuch perfon fhall 
renounce fuch contract. 

XIV. Provided always and be it enacted, That if any perfon or perfons lawfully con- 
victed of any felony, fhall in open court pray to be tranfported beyond the feas, and 
the court fhall think fit to leave him or them in prifon for that purpofe, fuch perfon 
or perfons may be tranfported into any parts beyond the feas ; this act, or any thing 
therein contained to the contrary notwith (landing. 

XV. Provided alfo, and be it enabled, That nothing herein contained fhall be deem- 
ed, conflrued or taken, to extend to the imprifonment of any perfon before the 
firft day of June, one thoufand fix hundred feventy and nine, or to any thing advifed, 
procured, or otherwife done, relating to fuch imprifonment, any thing herein con- 
tained to the contrary notwithflanding. 

XVI. Provided alfo, That if any perfon or perfons at any time refident in this 
realm, fhall have committed any capital offence in Scotland or Ireland, or any of the 
iflands, or foreign plantations of the king, his heirs or fucceffbrs, where he or fhe 

ought 



The penalty. 



Perfons receiv- 
ing earned up- 
on contracts to 
be tranfported, 
excepted. 



Performs convi •- 
ted of felony, & 
praying trans- 
portation, ex- 
cepted. 



Offenders may 
he fent to be 
tried where 
their offences 
were commit- 
ted. 



24 



DIGEST OF THE 



Profecutionsfor 
offences within 
what time to be 
made. 



Afterthe aflizes 
proclaimed, no 
prifoner to be 
removed, but 
before the judge 
of affize. 



In fuits for of- 
fence againft 
this law, the 
defendants may- 
plead the gene- 
ral iffue, &c. 



Perfons com- 
mitted as accef- 
faries before to 
petty trcafon or 
felony, fhall not 
be removed or 
bailed ocherwife 
than before this 
ael: made. 



ought to be tried for fuch offence, fuch perfon or perfons may be fent to fuch place, 
there to receive fuch trial, in fuch manner as the fame might have been ufed before 
the making of this aft, any thing herein contained to the contrary notwithftanding* 

XVII. Provided a/fo, and be it enacledyThat no perfon or perfons fhall be fued, implead- 
ed, molefted or troubled for any offence againft this act, unlefs the party offending be 
fued or impleaded for the fame within two years at the moft after fuch time wherein 
the offence fhall be committed, in cafe the party grieved fhall not be then in prifon; 
and if he fhall be in prifon, then within the fpace of two years after the deceafe of the 
perfon imprifoned, or his or her delivery out of prifon, which fhall firft happen. 

XVIII. And to the intent no perfon may avoid his trial at the affizes or general 
gaol delivery, by procuring his removal before the affizes, at fuch time as he can- 
not be brought back to receive his trial there; (2) Be it enabled, That after the affizes 
proclaimed for that county where the prifoner is detained, no perfon fhall be re- 
moved from the common gaol upon any habeas corpus granted in purfuance of this 
act, but upon any fuch habeas corpus fhall be brought before the judge of affize in 
open court, who is thereupon to do what to juftice fhall appertain. 

XIX. Provided nevertheless, That after the affizes are ended, any perfon or perfons 
detained, may have his or her habeas corpus according to the direction and intention of 
this act. 

XX. And be it alfo enabled by the authority aforefaid, That if any information, fuit or 
action fhall be brought or exhibited againft any perfon or perfons for any offence com- 
mitted, or to be committed againft the form of this law, it fhall be lawful for fuch 
defendants to plead the general iffue, that they are not guilty, or that they owe no- 
thing, and to give fuch fpecial matter in evidence to the jury that fhall try the fame, 
which matter being pleaded had been good and fufficient matter in law to have dif- 
charged the faid defendant or defendants againft the faid information, fuit or action, 
and the faid matter fhall be then as available to him or them, to all intents and pur- 
pofes, as if he or they had fufficiently pleaded, fet forth or alledged the fame matter 
in bar or difcharge of fuch information, fuit or action. 

i XXI. And becaufe many times perfons charged with petty treafon or felony, or 
* as acceffaries thereunto, are committed upon fufpicion only, whereupon they are 
1 bailable, or not, according as the circumftances making out that fufpicion are more 
' or lefs weighty, which are beft known to the juftices of the peace that committed 
' the perfons, and have the examinations before them, or to other juftices of the 
' peace in the county ;' (2) Be it therefore enabled, That where any perfon fhall appear 
to be committed by any judge or juftice of the peace, and charged as acceffary before 
the fact, to any petty treafon or felony, or upon fufpicion thereof, or with fufpicion 
of petty treafon or felony, which petty treafon or felony fhall be plainly and fpecially 
expreffed in the warrant of commitment, that fuch perfon fhall not be removed or 
bailed by virtue of this act, or in any other manner than they might have been before 
the making of this act. 



THE 



LAWS OF GEORGIA. 25 

THE CONSTITUTION 

OF THE 

^tate of (jieorgta** 

W E, the underwritten, delegates from the people, in convention met, do declare 
that the following articles fhall form the Conftitution for the government of this State; 
and, by virtue of the powers in us vefted for that purpofe, do hereby ratify and 
confirm the fame. 

ARTICLE I. 

Sect. 1. The legiflative power fhall be vefted in two feparate and difthut branches, Legjfiatiirehow 
to wit, A fenate and houfe of reprefentatives, to be ftiled " The General AfTembly." fti] e d° C 

Sect. 2. The fenate fhall be elected on the firft Monday in October in every third Senate how e« 
year, until fuch day of election be altered by law; and fhall be compofed of one " continuance, 
member from each county, chofen by the electors thereof ; and fhall continue for 
the term of three years. 

Sect. 3. No perfon fhall be a member of the fenate, who fhall not have attained Sena . tors . Aw 

i »!•"•■ • 1 1 i n 11 1 1 • -ii- qualification. 

to the age or twenty-eignt years; and who mall not have been nine years an inhabitant 
of the United States, and three years a citizen of this State, and fhall be an inhabitant 
of that county for which he fhall be elected, and have refided therein fix months 
immediately preceding his election; and fhall be pofTefTed, in his own right, of two 
hundred and fifty acres of land, or fome property to the the amount of two hun- 
dred and fifty pounds. 

Sect. 4. The fenate fhall elect, by ballot, a prefident out of their own body. Prefldent of fe- 

1 r ; natchoweledled 

Sect. 5. The fenate fhall have folely the power to try all impeachments. Senate to try 

impeachments. 

Sect. 6. The election of members for the houfe of reprefentatives fhall be annual, Repreientatives 
on the firft Monday in Oaober, until fuch day of election be altered by law; and how f a ^ * 

[•;•■■_■' ' ; . / apportioned. 

fhall be compofed of members from each county, in the following proportions: Cam- 
den, two; Glynn, two; Liberty, four; Chatham, five; Effingham, two; Burke, 
four; Richmond, four; Wilkes, five ; Wafhington, two; Greene, two; and Frank- 
lin, two. 

Sect. 7. No perfon fhall be a member of the houfe of reprefentatives, who fhall Their qualifica 
not have attained to the age of twenty-one years, and have been feven years a citizen Uon ' 
of the United States, and two years an inhabitant of this State ; and fhall be an in- 

D habitant 

* Altered and amended. Seepage 3T. 



26 DIGEST OF THE 

habitant of that county for which he fhall be elected, and have refided therein three 
months immediately preceding his election : and (hail be poffeiYed, in his own right, 
of two hundred acres of land, or other property to the amount of one hundred and 
fifty pounds. 

Their fpeaker& ,, _ _,. . r r r • n 11 1 r i • r 1 

other officers beet. 8. Ihe houie of repreientatives fhall chufe their Speaker and other officers. 

how chofen. 

impeachment. Sect. 9. They fhall have folely the power to impeach all perfons who have been, 

or may be in office. 

What perfons Sect. io. No perfon holding a military com mi (lion, or office of profit, under this, 

difquaiified Tor or the United States, or either of them, (except juftices of the peace and officers of 
the militia) fhall be allowed to take his leat as a member of either branch of the ge- 
neral affembly : Nor fhall any fenator, or representative, be elected to any office of 
profit, which fhall be created during his appointment. 

Affembly when Sect. H. The meeting of the general affembly fhall be annual, on the firft Mon- 
ro meet. ^^ j n November, until fuch day of meeting be altered by law. 

What number Sect. 12. One third of the members of each branch, fhall have power to proceed 
may proceed to to Du f ine f s ; Du t a fmaller number may adjourn from day to day, and compel the at- 
tendance of their members, in fuch manner as each houfe may prefcribe. 

judges of its Sect. 13. Each houfe fhall be judges of the elections, returns, and qualifications 
own elections. f j ts own members j with powers to expel, or punifh for diforderly behaviour. 

Privileged from Sect, i a. No fenator or representative fhall be liable to be arrefted during his at- 
o/debatemain- ten dance on the general affembly, or for a reafonable time in going thereto, or return- 
tiined. ing home, except it be for treafon, felony, or breach of the peace : Nor fhall any 

member be liable to anfwer for any thing fpoken in debate in either houfe, in any 

court, or place elfewhere. 

Tobefworn. Sect. 1 5. The members of the fenate and houfe of representatives fhall take the 

following oath or affirmation : 

Q h ' I A. B. do folemnly fwcar, (or affirm as the cafe may be) that I have not obtained 

my election by bribery, or other unlawful means 5 and that I will give my vote on all 
queftions that may come before me, as a fenator, or reprefentative, in fuch manner, 
as, in my judgment, will beft promote the good of this State j and that I will bear 
true faith and allegiance to the fame, and, to the utmoft of my power, obferve, Sup- 
port, and defend the constitution thereof.' 

Powers of af- Sect. 1 6. The general affembly fhall have power to make all laws and ordinances 
fembly. which they fhall deem neceffary and proper for the good of the State, which fhall 

not be repugnant to this conftitution. 

Counties how Sect. 1 7. They fhall have power to alter the boundaries of the prefent counties, 

altered and laid an£ j to i a y ff nev/ ones, as well out of the counties already laid off, as out of the 

other territory belonging to the State. When a new county or counties fhall be laid 

off 



LAW LIBRARY 

UNIVERSITY DF GEORGIA 



LAWS OF GEORGIA. 27 

off out of any of the prefent county or counties, fuch new county or counties fha-11 

have their re-prefentation apportioned out of the number of the reprefentatives of the 

county or counties out of which it or they fhall be laid out •, and when any new 

county fhall be laid off in the vacant territory belonging to the State, fuch county .. , 

fhall have a number of reprefentatives not exceeding three, to be regulated and deter- drawn out of 

mined by the general affembly. — And no money fhall be drawn out of the treafury, or p^bikTunds br 

from the public funds of this State, except by appropriations made by law. h\v. 

Sect. 18. No clergyman of any denomination fhall be a member of the general Clergymen iri- 
rr ui eligible. 

affembly. 

ARTICLE II. 

Seel;. I. The executive power fhall be veiled in a governor, who fhall hold his Governor, exe- 

rv • r cutive power, 

office during the term of two years ; and fhall be elected in the following manner : holds his office 

two years. 

Sect. 2. The houfe of reprefentatives fhall, on the fecond day of their making a How ele&ed, 
houfe, in the firft, and in every fecond year thereafter, vote by ballot for three per- 
fons, and fhall make a lift, containing the names of the perfons voted for, and of the 
number of votes for each perfon ; which lift the fpeaker fhall fign in the prefence of 
the houfe, and deliver it in perfon to the fenate : And the fenate fhall, on the fame 
day, proceed by ballot to elect one of the three perfons having the higheft number of 
votes ; and the perfon having a majority of the votes of the fenators prefent, fhall be 
the governor. 

Sect. 3. No perfon fhall be eligible to the office of governor, who fhall not have His qualifica- 
been a citizen of the United States twelve years, and an inhabitant of this State fix 
years, and who hath not attained to the age of thirty years, and who does not poffefs 
five hundred acres of land in his own right, within this State, and other fpecies of 
property to the amount of one thoufand pounds fterling. 

Sect. 4. In cafe of the death, refignation or difability of the governor, the prefident Prefident when 
of the fenate fhall exercife the executive powers of government, until fuch difability n °£ 3S gov 
be removed, or until the next meeting of the general affembly. 

Sect. 5. The governor fhall, at ftated times, receive for his fervices a compenfa- Governor's 
tion, which fhall neither be increafed nor diminifhed during the period for which he com P en 
fhall be elected ; neither fhall he receive, within that period, any other emolument 
from the United States or any of them, or from any foreign power. Before he en- 
ters on the execution of his office, he fhall take the following oath or affirmation : 

" I do folemnly fwear, (or affirm as the cafe maybe) that I will faithfully execute Hisoa;lv 
the office of governor of the State of Georgia, and will to the beft of my abilities, a 

preferve, protect and defend the faid State, and caufe juftice to be executed in mercy >^ 

therein, according to the conftitution and laws of the fame." 

Sect. 6. He fhall be commander in chief in and over the State of Georgia, and of Powers of go- 
the militia thereof. verncr. 



Jsct. 



28 DIGESTOFTHE 

Sect. 7. He fhall have power to grant reprieves for offences again ft the State, ex- 
cept in cafes of impeachment \ and to grant pardons in all cafes after conviction, ex- 
cept for treafon or murder, in which cafes he may refpite the execution and make a 
report thereof to the next general affembly, by whom a pardon maybe granted. 

Seel:. 8. He fhall iffue writs of election to fill up all vacancies that happen in the 
fenate or houfe of reprefentatives ; and fhall have power to convene the general af- 
fembly cm extraordinary occafions ; and fhall give them, from time to time, informa- 
tion of the ftate of the republic j and recommend to their confiderations fuch mea- 
fures as he may deem neceffary and expedient. 

Seel:. 9. In cafe of difagreement between the fenate and houfe of reprefentatives, 
with refpect to the time to which the general affembly fhall adjourn, he may adjourn 
them to fuch time as he may think proper. 

His kgiflative Sect. 10. He fhall have the revinon of all bills paffed by both houfes before the 

powers. f ame fl ia ]i become laws ; but two thirds of both houfes may pafs a law notwithftand- 

ing his diffent ; and if any bill fhould not be returned by the governor within five days 
after it hath been prefented to him, the fame fhall be a law, unlefs the general affem- 
bly, by their adjournment, fhall prevent its return. 

Great feul Sect. 11. The great feal of the State fhall be depofited in the office of the fecre- 

where depofited tary, and it fhall not be affixed to any inftrument of writing without it be by order 
altered. of the governor or the general affembly ; and the general affembly may direct the 

great feal to be altered. 

ARTICLE III. 

Superior court. Sect. i. A fuperior court fhall be held in each county twice in every year, in 
inferior courts w hich fhall be tried and brought to final decifion, all caufes civil and criminal ; 
except fuch as may be fubjedt to a federal court, and fuch as may by law be re- 
ferred to inferior jurifdictions. 

Errors and ap- Sect. 2. The general affembly fhall point out the mode of correcting errors and 
P eals - appeals, which fhall extend as far as to empower the judges to direct a new trial 

by jury within the county where the action originated, which fhall be final. 

Courts-mereh- Sect. 3. Courts-merchant fhall be held as heretofore, fubject to fuch regulations 
ant. as the general affembly may by law direct. 

Caufes civil and Sect. 4. All caufes fhall be tried in the county where the defendant refides ; ex- 
criminal where ce p t j n ca f es f rea i eftate, which fhall be tried in the county where fuch eftate lies j 

and in criminal cafes, which fhall be tried in the county where the crime fhall be 

committed. 

Judges and at- Sect. 5. The judges of the fuperior court, and attorney general, fhall have a 
tomey general oom petent falary eilablifhed by law, which fhall not be increafed nor diminifhed 

falary in oflice r ' ' ■ , .._.,...;.-.•.. 

three years. during their continuance in office j and fhall hold their commiffions during the term 

of three years. 

ARTICLE 



Inferior officers 



LAWS OF GEORGIA. 29 

ARTICLE IV. 
Sett. 1. The electors of the members of both branches of the general aflembly Ekclors their 
{hall be citizens and inhabitants of this ftate •, and {hall have attained to the age of qua ■ ca MD " 
twenty- one years j and have paid tax for the year preceding the election, and {hall 
have refided fix months within the county. 

Seel. 2. All elections {hall be by bailor, and the houfe of reprefentatives, in all All elections by 

_._ „ _ - .' r , r , vn r 1 t ballot, ftate of- 

appointments of ftate officers, {hall vote for three perfons, and a Hit ct the three ficers ia what 
perfons, having the higheft number of votes, fliallbe figned by the fpeaker, and fent manner appoih^ 
to the ienate ; which {hall, from fuch lift, determine, by a majority of their votes, 
the officer elected, except militia officers, and the fecretaries of the governor ; who 
{hall be appointed by the governor alone, under fuch regulations and reftrictions as 
the general afTembly may prefcribe. The general aflembly may veft the appointment 

r* . n * * r* 1 1 intent j. uiuLC-rs 

of inferior officers in the governor, the courts of juftice, or m iuch other manner as how to be ap- 
they may by law eftablifh. P oilKed - 

Sect. 3. Freedom of the prefs, and trial by jury, (hall remain inviolate. SSLSd trial 

b v jury. 

Sect. 4. All perfons fhall be entitled to the benefit of the writ of habeas corpus. Hube JS «**». 

Sect. 5. All perfons fhall have the free exercife of religion ; without being oblig- Religious toler- 
ed to contribute to the fupport of any religious profeffion but their own. 

Sect. 6. * Eftates fhall not be entailed ; and when a perfon dies inteftate, leaving Eftates not to be 
a wife and children, .the wife fhall have a child's fhare, or her dower, at her option : 
if there be no wife, the eftate fhall be equally divided among the children, and their 
legal reprefentatives of the firft degree. The diftribution of all other inteftate eftates 
may be regulated by law. » 

Sect. 7. At the general election for members of aflembly, in the year one thou- This conftitu- 
fand feven hundred and ninety four, the electors in each county fhall elect: three tiM howt0 » e 
perfons to reprefent them in a convention, for the purpofe of taking into confide- 
ration the alterations neceflary to be made in this conftitution y who fhall meet at 
fuch time and place as the general aflembly may appoint ; and if two-thirds of the 
whole number fhall meet and concur, they {hall proceed to agree on fuch alterations 
and amendments as they may think proper ; Provided, That after two-thirds fhall 
have concurred to proceed to alterations and amendments, a majority fhall determine 
on the particulars of fuch alterations and amendments. 

Sect. 8. This conftitution fhall take effect, and be in full force, on the firft When to oper- 
Monday in October, next after the adoption of the fame ; and the executive fhall 
be authorifed to alter the time for the fitting of the fuperior courts, fo that the 

fame 

■^ 

'? See acft of 1789, No. 42.9. 



entailed how 
divided. 



3e DIGEST OF THE 

fame may not interfere with the annual elections in the refpective counties, or the 
meeting of the firft general aflembly. 

DONE at Augufta, in Convention, the fixth clay of May, in the year of our 
Lord one thoufand feven hundred and eighty-nine, and in the year of 
fovereignty and independence of the United States the thirteenth. 

WILLIAM GIBBONS, President. 
Attest, 

D. LonGSTREET, Secretary. 



The following are the alterations and amendments to the conjtitution of the State of 

Georgia, as adopted by the late Convention. 

"WE the representatives of the people of the State of Georgia, in convention met, 
do ordain and eftablifh the following articles as additions and amendments to the 
prefent conftitution, to take effect and be in full force on the firft Monday in Octo- 
ber next. 

The fenate Article i. The fenate fhall be elected annually on the firft Monday in November 

when eietfed. until fuch day of election be altered by law; and fhall be compofed of one member 
from each county, to be chofen by the electors thereof. 

Aflembly to e- Article 2. All elections to be made by the general aflembly, fhall be by joint 
ball* 7 ^° tnt ballot of the fenate and houfe of reprefentatives. 

Reprefentatives Article 3. The election of members for the houfe of repefentatives fhall be an- 
vhen ekefted. nuz \ on the firft Monday in November; and fhall be compofed of members from each 

county in the following proportions : 
Apportioned. Camden, two; Glynn, two; Liberty, four; M'Intofh, two; Bryan, two; 

Chatham, four ; Effingham, two ; Scriven, two; Montgomery, two; Burke, three; 
Richmond, two; Columbia, two; Wilkes, three; Elbert, two; Franklin, two; 
Oglethorpe, three; Greene, three; Hancock, three; Wafhington, three; War- 
ren, three. 



Convention Article 4. . At the general election for members of aflembly in the year 1797, 

when to be con- the electors of the prefent counties fhall elect three perfons to reprefent them in a 
convention for the purpofe of taking into confideration the further alterations and 
amendments neceffary to be made in the conftitution, who fhall meet at the town of 
Louisville the fecond Tuefday in May thereafter: a majority of the faid convention 
fhall have power to proceed to, and agree on, fuch altei-ations and amendments as 
they' may think proper. 

General affem- Article 5. The meeting of the general aflembly fhall be annual on the fecond 
bly when to Tuefday in Tanuary; a majority of whom fhall have power to proceed to bufinefs. 
mcet - * Article 



LAWS OF GEORGIA. %\ 

Article 6. That Louisville be the permanent feat of government ■, and that the Louisville feat 
governor, fecretary of the ftate, the treafurer, the auditor, and the furveyor-gene- cf g° vtrnment ' 
ral, remove their offices thereto, as foon as may be convenient, previoufly to the 
next meeting of the general aflembly. 

Article 7. Article of conftituted rights annexed to the conftitution as amended. 

Article 8. Alll powers not delegated by the conftitution as amended, are retained 
by the people. 

DONE at Louisville, in convention, the (ixteenth day of May, in the year 
of our Lord one thoufand feven hundred and ninety five, and in the 
year of the fovereignty and independence of the United States the nine- 
teenth. 

N. W. JONES, President. 

Attest, 

Thomas Johnson, Secretary. 



THE CONSTITUTION i 79 8. 

OF THE 

g>tate of ©eo?gta* 

ARTICLE I. 

Sett. 1. r "pHE legiflative, executive and judiciary departments of government, {hall -jhc depart- 

be difUncl, and each department (hall be confided to a feparate body ments of g° v " 
of magiflracy ; and no perfon or collection of perfons being one of thefe depart- t j n( a. 
ments, {hall exercife any power properly attached to either of the others, except in 
the inftances herein exprefsly permitted. 

Sect. 2. The legiflative power {hall be veiled in two feparate and diftinct branches, Senate and 
to wit : A fenate and houfe of reprefentatives, to be itiled " The General Aflembly." Jioufirof _ repft- 

Sedt. 3. The fenate {hall be elected annually on the firft Monday in November, senate ekdkd 
until fuch day of election be altered by law ; and {hall be compofed of one member * nn ualiy. 
from each county, to be chofen by the electors thereof. 

Sect. 4. No pe-rfon {hall be a fenator who {ball not have attained to the age of qualification of 
twenty five years ; and have been nine years a citizen of the United States, and three lenatols - 
years an inhabitant of this State, and {hall have ufually refided within the county for 
which he {hall be returned, at leaft one year immediately preceding his election, (ex- 
cept 



3? DIGEST OF THE 

cept perfons who may have been abfent on public bufmefs of this State, or of the 
United States ;) and is and fhall have been poffeffed in his own right of a fettled 
freehold eftate of the value of five hundred dollars, or of taxable property to the 
amount of one thoufand dollars, within the county, for one year preceding his 
election ; and whofe eftate fhall, on a reafonable eftimation, be fully competent to 
the difcharge cf his juft debts, over and above that fum. 

Their preficlcnt. Sect. 5. The fenate fhall elect:, by ballot, a prefident out of their own body. 

The feiute have Sect. 6. Tlie fenate (hall have the fole power to try all impeachments :— When 
tot ° mpeach- ^ tt ^ n g ^ or t ^ at purpofe, they fliall be on oath or affirmation ; and no perfon (hall 
ments. be convicted without the concurrence of two-thirds of the members prefent : — 

Judgment, in cafes of impeachment, fhall not extend further than removal from 
office, and disqualification to hold and enjoy any office of honour, trufl or profit, 
within this State; but the party convicted fhall, neverthelefs, be fubjedt to indict- 
ment, trial, judgment and punifhment, according to law. 

Houfe of rtfre- Sect. 7. The houfe of reprefentatives fhall be compofed of members from all the 

fentatives. counties which now are, or hereafter may be, included within this State, according 

to their refpective numbers of free white perfons, and including three-fifths of all 

The members the people of colour : — The actual enumeration fhall be made within two years, 

to be appointed an j within everv fublequent term of feven years thereafter, at: fuch time, and in 
by enumeration ; - J - -r>i 

fuch manner, as this convention may direct : Each county containing three thoufand 

perfons, agreeably to the foregoing plan of enumeration, fhall be entitled to two 

members, feven thoufand to three members^ and twelve thoufand to four members ; 

but each county fhall have at leaft one, and not more than four members : The 

Time of election reprefentatives fhall be chofen annually, on the firft Monday in November, until 
fuch day of election be altered by law : Until the aforefaid enumeration fhall be made, 
the feveral counties fhall be entitled to the following number of reprefentatives refpec- 

Temporary ap.- tively : Camden two; Glynn two; Liberty three; M'lntofh two; Bryan one; 

pomonment. Chatham four ; Effingham two ; Scriven two ; Montgomery two ; Burke three ; 
Bullock one; Jefferfon three ; Lincoln two; Elbert three ; Jackfon two; Richmond 
three; Wilkes four ; Calumbia three ; Warren three ; Wafhington three ; Hancock 
four ; Green three ; Oglethorpe three ; and Franklin two. 

Qualification of Sect. 8. No perfon fhall be a reprefentative who fhall not have attained to the age 
rej refentatives. Q £ twent y one y earSj anc i have been f ev en years a citizen of the United States, three 
years an inhabitant of this State, and have ufually refided in the county in which he 
fhall be chefen, one year immediately preceding his election (unlefs he fhall have 
been abfent on public bufinefs of this State or of the United States;) and fhall be 
poiTefTed, in his own right, of a fettled freehold eftate of the value of two hundred, 
and fifty dollars, or of taxable property to the amount of five hundred dollars, with- 
in the county, for one year preceding his election; and whofe eftate fhall, on a rea- 
fonable eftimation, be competent to the difcharge of his juft debts, ever and above 
that fum. 

Sed. 






tions. 

Exceptions-, 



LAWS OF GEORGIA, 33 

Sect. 9. The houfe of reprefentatives fhall chufe their fpeaker and other officers. Speaker, &c. 

Sect. 10. They fhall have folely the power to impeach all peribns who have been or impeachment, 
may be in office. 

Sect. 11. No perfon holding any military commiffion or other appointment having Certain difqua- 
any emolument or compenfation annexed thereto, under this State or the United f ea tin°helearf- 
States, or either of them (except juftices of the inferior court, juftices of the peace, latic 
and officers of the militia) nor any perfon who has had charge of public monies be- 
longing to the State, unaccounted for and unpaid, or who has not paid all legal taxes or 
contributions to the government, required of him, fhall have a feat in either branch of 
the general afTembly; nor fhall any fenator or reprefentative be elected to any office Members not to 
or appointment by the legiflature, having any emoluments or compenfation annexed fi ^ e ee e t0 ° 
thereto, during the time for which he fhall have beea elected, with the above excep- 
tions, unlefs he fhall decline accepting his feat, by notice to the executive, within 
twenty days after he fhall have been elected ; nor fhall any member, after having taken 
his feat, be eligible to any of the aforefaid offices or appointments during the time for 
which he fhall have been elected. 

Sect. 1 2. The meeting of the general afTembly fhall be annual on the fecond Tuef- General affem- 
day in January, until fuch day of meeting be altered by law; a majority of each branch nualiy. 
fhall be authorifed to proceed to bufinefs; but a fmaller number may adjourn from 
day to day and compel the attendance of their members in fuch manner as each houfe 
may prefcribe. 

Sect, 13. Each houfe fhall be the judges of the elections, returns, and qualifica- Each houfe to 
tions of its own members, with powers to expel or punifh by cenfuring, fining and t" 0I f s c &° c Jf 00 * 
imprifoning, or either for diforderly behaviour, and may expel any perfon convicted members, 
of any felonious or infamous offence ; each houfe may punifh by imprifonment dur- 
ing feffion ; any perfon not a member, who fhall be guilty of difrefpect by any difor- 
derly or contemptuous behaviour in its prefence, or who, during feffion, fhall threaten 
harm to the body or eftate of any member, for any thing faid or done in either houfe, 
or who fhall affault any of them therefor, or who fhall affault or arreft any witnefs in 
going to or returning therefrom, or who fhall refcue any perfon arrefted by order of 
either houfe. 

Sect. 14. No fenator or reprefentative fhall be liable to be arrefted during his at- Members free 

tendance on the general afTembly, or for ten days previous to its fitting, or for ten civT/fe^ ** 
days after the rifing thereof, except for treafon, felony, or breach of the peace; nor 

fhall any member be liable to anfwer for any thing fpoken in debate in either houfe, Freedom of de- 

in any court or place elfewhere ; but fhall never thelefs be bound to anfwer for per- bate# 
jury, bribery or corruption. 

Sect. 15. Each houfe fhall keep a journal of its proceedings, and publifh them journal.— yeas 
immediately after their adjournment; and 'the yeas and nays of the members on any and nays. 
queition, fhall, at the defire of any two members, be entered on the journals. 

E Seft, 



34 



DIGEST OF THE 



Revenue bills. Sect. 1 6. All bills for railing revenue or appropriating monies fhall originate in 

the houfe of representatives j but the fenate fhall propofe or concur with amend- 
ments as in other bills. 



Bills, in what 
manner to be 
palled. 



Seel. 17. Every bill fhall be read three times and on three feparate days, in each 
branch of the general afTembly, before it fhall pafs, unlefs in cafes of actual invafiori 
or infurrection j nor fhall any law or ordinance pafs, containing any matter different 
from what is exprefTed in the title thereof •, and all acts (hall be figned by the prefi- 
dent in the fenate, and fpeaker in the houfe of reprefentatives : No bill or ordinance 
which fhall have been rejected by either houfe, fhall be brought in again during the 
feffion, under the fame or any other title, without the confent of two thirds of each 
branch. 



The members 
to be iworn. 



to be punimed , rt . n .. 
for mal-prao elctled, fhall 



ticcs 



The oath of 
members. 



Sect. 1 8. Each fenator and reprefentative, before he be permitted to take his feat, 
fhall take an oath or make affirmation, that he hath not practifed any unlawful means, 
either directly or indirectly, to procure his election ; and every perfon fhall be dis- 
qualified from ferving as a fenator or reprefentative for the term for which he fhall 
have been elected, who fhall be convicted of having given or offered any bribe or treafe, 
C.ndidateshow ©r canvaffed for fuch election ; and every candidate employing like means and not 

on conviction, be ineligible to hold a feat in either houfe, or to hold any 
office of honor or profit for the term of one year, and to fuch other difabilities or pe- 
nalties as may be prefcribed by law. 

Sect. 19. Every member of the fenate or houfe of reprefentatives, fhall before he 
takes his feat, take the following oath or affirmation, to wit : " l t A.B. do folemnly 
" fwear or affirm, (as the cafe may be) that I have not obtained my election by 
" bribery, treats, canvaffing, or other undue or unlawful means, ufed by myfelf or 
" others, by my defire or approbation for that purpofe; that I confider myfelf con- 
" ftitutionally qualified as a fenator or reprefentative j and that on all queftions and 
" meafures which may come before me, I will give my vote,, and fo conduct myfelf, 
" as may, in my judgment, appear moffc conducive to the interefl and profperity of this 
" State ; and that I will bear true faith and allegiance to the fame ; and to the utmoft 
" of my power and ability obferve, conform to, fupport and defend the conflitution 
" thereof." 

Sect. 20. No perfon,. who hath been or may be convicted of felony, before, any 

vided of ftiony court of this State, or any of the United States, fhall be eligible to any office or ap- 

ineiigibletoany p 0m t me nt of honor, profit or truft, within this State, 
appointment. * r 

Sect. 21. Neither houfe, during the feffion of the general affsmbly, fhall„ without 

the confent of the other, adjourn for more than three days, nor to any other place,, 

than that at which the two branches fhall be fitting ; and in cafe of difagreement 

between the fenate and houfe of reprefentatives, with refpect to their adjournment,, 

the governor may adjourn them. 

Sect, 



appointment 
Adjournment 



LAWS OF GEORGIA. 3$ 

Se£t. 22. The general affembly fhall have power to make all laws and ordinances Powers of the 
which they fhall deem neeeffary and proper for the good of the State, which fhall ge nera i aft'em- 
not be repugnant to this conftitution. 

Sect. 23. They fhall have power to alter the boundaries of the prefent counties, Further powers 
and to lav off new ones, as well out of the counties already laid off, as out of the other * s l ? the r boun " 

. in 11 rir-i-r danes or coun- 

territory belonging to the State ; but the property of the foil, in a free government, ties. 
being one of the effential rights of a free people, it is neeeffary, in order to avoid dif- 
putes, that the limits of this State fhould be afcertained with precifion and exactnefs ; 
and this convention, compofed of the immediate reprefentatives of the people, chofen 
by them to affert their rights, and to i-evife the powers given by them to the govern- 
ment, and from whofe will all ruling authority of right flows, DOTH affert and de- 
clare the boundaries of this State to be as follow : That is to fay, the limits, boundaries, Declaration of 
iurifdictions and authority of the State of Georgia, do and did, and of right ought to hoimAu'y apd 

J ; .'-,._ b , \ 111 territorial right 

extend from the fea or mouth of the river Savannah, along the northern branch or of the State, 
ftream thereof, to the fork or confluence of the rivers now called Tugalo and Keowee, 
and frpm thence along the moft northern branch or ftream of the faid river Tugalo, 
'til it interfect the northern boundary line of South Carolina. If the faid branch or 
ftream of Tugalo extends fo far north, referving all the iflands in the faid rivers Sa- 
vannah and Tugalo to Georgia : but if the head fpring or fource of any branch or 
ftream of the faid river Tugalo, does not extend to the north boundary line of South 
Carolina, then a weft line to the Miffiffippi, to be drawn from the head fpring or 
fource of the faid branch or ftream of Tugalo river, which extends to the higheffc 
northern latitude ; thence down the middle of the faid river Miffiffippi, until it fliall in- 
terfecl: the northernmoft part of the thirty-firft degree of north latitude ; fouth by a 
line drawn due eaft, from the termination of the line laft mentioned, in the latitude 
of thirty-one degrees north of the equator, to the middle of the river Apalachicola 
or Chatahoochee ; thence along the middle thereof, to its junction wich Flint river ; 
thence ftraight to the head of St. Mary's river ; and thence along the middle of St. 
Mary's river to the Atlantic ocean ; and from thence to the mouth or inlet of Savan- 
nah river, the place of beginning. Including and comprehending all the lands and 
waters within the faid limits, boundaries and jurifdicfional right9 ; and alfo, all the 
iflands within twenty leagues of the fea coaft. And this convention doth further 
declare and affert, that all the territory without the prefent temporary line and with- 
in the limits aforefaid, is now, of right, the property of the free citizens of this 
State, and held by them in fovereignty, inalienable but by their confent : Provided Provifo. 
neverthelefsy That nothing herein contained fhall be conftrued, fo as to prevent a fale J he legislature 
to, or contract with the United States, by the legiflature of this State, of and for f e i] certain ter. 

all or any part of the weftern territory of this State, laying weft ward of the river ntory to thelJ- 
*m .,- 4-1 r 1 11 r-iii. 1 nited States, j 

Chatahoochee, on iuch terms as may be beneficial to both parties; and may procure 

an extenfion of fettlement, and an extinguifhment of Indian claims, in and to the va- 
cant territory of this State, to the eaft and north of the faid river Chatahoochee, to 
which territory, fuch power of contract or fale, by the legiilature, fhall not extend : 

And 



3* 



DIGEST OF THE 



Provifo. 



Certain con- 
templated pur- 
chafes dated to 
have become 
conftitutionally 
void by the fore- 
going feciion. 

The contrail: 
having failed, 
the legiflature 
to mate provi- 
fion for return- 
ing the confi- 
dcration money 



The money paid 
for fuch pur- 
chafes never to 
be deemed a 
part of the 
funds of the 
State. 

Money in what 
manner to be 
drawn from the 
treafury. 

Donations or 
gratuities how 
to be granted. 

The cenfus in 
what manner to 
be taken. 



And provided alfo, The legiflature may give its confent to the eftablifhment of one or 
more governments weflward thereof; but monopolies of land by individuals, being 
contrary to the fpirit of our free government, no fale of territory of this State, or 
any part thereof, fhail take place to individuals or private companies, unlefs a coun- 
ty or counties fhall have been firft laid off, including fuch territory, and the Indian 
rights fhall have been extinguifhed thereto. 

Sect. 24. The foregoing fection of this article having declared the common rights 
of the free citizens of this State, in and to all the territory without the prefent 
temporary boundary line, and within the limits of this State, thereby defined, by 
which the contemplated purchafes of certain companies of a confiderable portion 
thereof, are become conftitutionally void ; and juftice and good faith require, that 
the State fhould not detain a confideration for a contract which has failed, the 
legiflature, at their next feffion, fhall make provifion by law, for returning to any 
perfon or perfons, who has or have bona fide depofited monies for fuch purchafes in 
the treafury of this State : Provided, That the fame fhall not have been drawn 
therefrom in terms of the act paffed the thirteenth day of February, one thaufand 
feven hundred and ninety-fix, commonly called the refcinding act, or the appro- 
priation laws of the years one thoufand feven hundred and ninety-fix and one thou- 
fand feven hundred and ninety-feven : Nor fhall the monies, paid for fuch purchafes, 
ever be deemed a part of the funds of this State, or be liable to appropriation as 
fuch ; but until fuch monies be drawn from the treafury, they fhall be confrdered 
altogether at the rifque of the perfons who have depofited the fame. No money 
fhall be drawn out of the treafury, or from the public funds of this State, except 
by appropriation made by law ; and a regular flatement and account of the receipts 
and expenditures of all public monies, fhall be publifhed from time to time. No 
vote, refolution, law, or order, mall pafs the general affembly, granting a donation 
or gratuity in favour of any perfon whatever, but by the concurrence of two-thirds 
of the general affembly. 

Sect. 25. It fha-ilbe the duty of the juftices of the inferior court, or any three of 
them, in each county refpectively, within fixty days after the adjournment of this 
convention, to appoint one one or more fit perfons in each county, not exceeding 
one ..v.. each battalion diftrict, whofe duty it {hall be to take a full and accurate 
cenfus or enumeration of all free white perfons, and people of colour, refiding 
therein, diftinguifhing, in feparate columns, the free white perfons from perfons of 
colour, and return the fame to the clerks of the fuperior courts of the feveral coun- 
ties, certified under their hands, on or before the firft day of December next ; the 
pjerfons fo appointed, being firft feverally fworn before the faid juftices, or either 
of them, duly and faithfully to perform the truft repofed in them j and it fhall be 
the duty of the faid clerks, to tranfmit all fuch returns, under feal, directed to the 
fpeaker of the houfe of reprefentatives, at the firft feffion of the legiflature there- 
after : And k fhall be the duty of the general affembly, at their faid firft feffion, to 
apportion the members of the houfe of reprefentatives among the feveral counties, 
agreeably to the plan prescribed by this conftitution, and to provide an adequate 

compenfatioa 



LAWS OF GEORGIA. 37 

compenfation for the taking of the faid .cenfus. Every perfon, whofe ufua! place 
of abode fhal] be in any family on the firft Monday in July next, fhall be returned as 
of fuch family, and every perfon, occalionally abfent at the time of taking the enu- 
meration, as belonging to that place in which he ufually refides. The general af- 
fembly fhall, by law, direct the manner of taking fuch cenfus or enumeration, with- 
in every fubfequent term of feven years, in conformity to this conftitution. And it is 
declared to be the duty of all officers, civil and military, throughout this State, to be 
aiding and affifting in the true and faithful execution thereof. In cafe the juftices of 
the inferior courts mould fail to make fuch appointments, or if there fhould not be a 
fufficient number of fuch juftices in any county, then the juftices of the peace, or 
any three of them, fhall have and exercife like powers and authority refpetting the 
faid cenfus ; and if the cenfus or enumeration of any county fhall not be fo taken 
and returned, then, and in that cafe, the general affembly fhall apportion the repre- 
fentation of fuch county, according to the beft evidence in their power, relative to 
its population. 

ARTICLE II. 

Sett. 1. The executive power fhall be veiled in a governor, who fhall hold his Governor, 
office during the term of two years, and until fuch time as a fucceffor fhall be chofen 
and qualified ; he fhall have a competent falary eflablifhed by law, which fhall not 
be increased or diminifhed during the period for which he fhall have been elected ; 
neither fhall he receive, within that period, any other emolument from the United 
States, or ekher of them, or from any foreign power.- 

Seel:. 2. The governor fhall be elected by the general affembly, at their fecond Elected for two 
annual feffion after the rifing of this convention, and at every fecond annual feflion years ' 
thereafter, on the fecond day after the two houfes fhall be organifed and competent 
to proceed to bufinefs. 

Sect. 3. No perfon fhall be eligible to the office of governor, who fhall not have His qualifica- 
been a citi2en of the United States twelve years, and an inhabitant of this State tlons * 
fix years, and who hath not attained to the age of thirty years, and who does not 
po fiefs five hundred acres of land, in his own right, within this State, and ether 
property to the amount of four thoufand dollars, and" whofe eftate fhall not, on a 
reafonable eftimation, be competent to the difcharge of his debts, over and above 
that fum. 



new 



Sect. 4. In cafe of the death or refignation, or difability of the governor-, the Vacancy 
prefident of the fenate fhall exercife the executive powers of government until fuch fu PP )ied - 
difability be removed, or until the next meeting of the general afTembly. 

Sect. 5. The governor fhall, before he enters on the duties of his office, take Oathofihego- 
the following oath or affirmation : " I do folemnly fwear or affirm (as the cafe may vcraor « 
" be) that I will faithfully execute the office of governor of the State of 
" Georgia j and will, to the belt of my abilities, preferve, protect, and defend the 

et faid 



3B 



DIGEST OF THE 



Commander in 
chief of the mi- 
litia, &c. 

His powers in 
cafes of convic- 
tions. 



" faid State, and caufe jullice to be executed in mercy therein, according to the 
" conflitution and laws thereof." * 

Seel. 6. He fhall be commander in chief of the army and navy of this State, 
and of the militia thereof. 

Sect. 7. He fhall have power to grant reprieves for offences againft the State, 
except in cafes of impeachment, and to grant pardons, or to remit any part of a 
fentence, in all cafes after conviction, except for treafon or murder, in which cafes 
he may refpite the execution, and make report thereof to the next general affembly, 
by whom a pardon may be granted. 

Furtherpowers. Sect. 8. He fhall iffue writs of election to fill up all vacancies that happen in the 
fenate or houfe of reprefentatives ; and fhall have power to convene the general af- 
fembly on extraordinary occafions ; and fhall give them, from time to time, infor- 
mation of the ftate of the republic, and recommend to their confideration fuch 
meafures as he may deem necefTary and expedient. 

He is to fill va- Sect. 9. When any office fhall become vacant by death, refignation or otherwife, 
cancies m office. t ] ie governor fhall have the power to fill fuch vacancy, and perfons fo appointed, fhall 

continue in office until a fucceffor is appointed, agreeably to the mode pointed out by 

this conflitution, or by the legiflature. 



He has the re- 
vifion of all 
bills, but laws 
may be paffed 
notwithstand- 
ing his diffent. 



All concurred 
refolutions, &c. 
to be paffed in 
like manner as 
bills. 



Secretary of the 
State, a treafa- 
rer and furvey- 
or general. 



Great fcal of 
the State. 



Governor's fe- 
cretarics. 



Sect. 10. He fhall have the revifion of all bills paffed by both houfes, before the 
fame fhall become laws, but two thirds of both houfes may pafs a law notwithfland- 
ing his diffent ; and if any bill fhould not be returned by the governor within five days 
after it hath been prefented to him, the fame fhall be a law, unlefs the general affem- 
bly, by their adjournment, fhall prevent its return*. 

Seel:. 11. Every vote, refolution or order, to which the concurrence of both 
houfes may be necefTary, except on a queftion of adjournment, fhall be prefented to 
the governor ; and before it fhall take effect, be approved by him, or being difapprov- 
ed, may be repaffed by two thirds of both houfes, according to the rules and limita- 
tions prefcribed in cafe of a bill. 

Sect. 1 2. There fhall be a fecretary of the State, a treafurer, and a furveyor gene- 
ral, appointed in the fame manner, and at the fame feflion of the legiflature, and 
they fhall hold their offices for the like period as the governor, and fhall have a compe- 
tent falary, including fuch emoluments as may be eftablifhed by law, which fhall not 
be increafed or diminifhed during the period for which they fhall have been elected. 

Seel. 13. The great feal of the State fhall be depofited in the office of the fecretary 
of State, and fhall not be affixed to any inftrument of writing, .but by order of the 
governor or general affembly ; and the general affembly fhall, at their firft feffion after 
the rifing of this convention, caufe the great feal to be altered by law. 

Seel. 14. The governor fhall have power to appoint his own fecretaries. 



LAWS OF GEORGIA. 



19 



Judicial power. 



Superior court 
judges elected 
for three years 
—how remove- 
able. 

Their powers 
and jurifdi&i- 
on. 



Jurifdich'on of 
the inferior 
courts. 



ARTICLE III. 

Sect. I. The judicial powers of this State fhall be veiled in a fuperior court, and 
in fuch inferior jurifdicfions as the legiflature {hall, from time to time, ordain and eftab- 
lifh. The judges of the fuperior courts (hall be elected for the term of three years, 
removeable by the governor on the addrefsoftwo thirds of both houfes for that pur- 
pofe, or by impeachment and conviction thereon. The fuperior court {hall have ex-- 
clufive and final jurifdict ion in all criminal cafes, which fhall be tried in the county 
wherein the crime was committed, and in all cafes refpecting titles to land, which 
(hall be tried in the county where the land lies ; and fhall have power to correct er- 
rors in inferior judicatories by writs of certiorari, as well ; as errors in the fuperior 
Gourts, and to order new trials on proper and legal grounds : Provided, That fuch 
new trials fhall be determined, and fuch errors corrected, in the fuperior court of 
the county in which fuch action originated. And the faid court fhall alfo have appel- 
late jurifdict ion in fuch other cafes, as the legiflature may by law direct, which fhall 
in no cafe tend to remove the caufe from the county in which the action originated ; 
and the judges thereof, in all cafes of application for new trials, or correction of er- 
rors, fhall enter their opinions on the minutes of the court. The inferior courts fhall 
have cognizance of all other civil cafes, which fhall be tried in the county wherein the 
defendant refides, except in cafes of joint obligors, refidingin different counties, which 
may be commenced in either county ; and a copy of the petition and procefs, ferved 
on the party or parties rending out of the county in which the fuit may be commenc- 
ed, fhall be deemed fufficient fervice, under fuch rules and regulations as the legifla- 
ture may direct . But the legiflature may, by law, to which two-thirds of each 
branch {hall concur, give concurrent jurifdiction to the fuperior courts. The fuperi- 
or and inferior courts fhall fit in each county twice in every year, at fueh ftated times, 
as the legiflature fhall appoint. 

Sect. 2. The judges {hall have falaries, adequate to their fervices, eftablifhed by 
law, which fhall not be increafed or diminifhed during their continuance in office; 
but {hall not receive any other perquifites or emoluments whatever, from parties or 
others, on account of any duty required of them. 

Sect. 3. There fhall be a State's attorney and folicitors appointed by the legifla- 
ture, and commiflioned by the governor, who fhall hold their offices for the term 
of three years, unlefs removed by fentence on impeachment, or by the governor, 
on the addrefs of two-thirds of each branch of the general aflembly. They fhafl 
have falaries adequate to their fervices, eftablifhed by law, which (hall not be increas- 
ed or diminifhed during their continuance in office. 

Sect. 4. Juftices of the inferior court3 fhall be appointed by the general aflembly, Juftices of thsf" 
and be commiflioned by the governor, and fhall hold their commifFions during good how'appoiiitedj 
behaviour, or as long as they refpedtively refide in the county for which they fhall 
be appointed, unlefs removed by fentence on impeachment, or by the governor, 
on the addrefs of two-thirds of each branch of the general aflembly. They may 

DC J 

1 



Concurrent ju- 
rifdiction may 
be given to the 
fuperior court. 
The courts to 
fit twice a year 
in each county. 

The judges to 
be allowed ade- 
quate falaries. 



Staters attorney 
and foliciters. 



40 DIGEST OF THE 

May have a be compenfated for their fervices, in fuch manner as the legiflature may by law 
compen&tion. direft. 

Juftices of the Sect. 5. The juftices of the peace fhall be nominated by the inferior courts of the 
Snated by the ^" everal counties, and commiffioned by the governor, and there (hall be two juftices of 
inferior courts, the peace in each captain's diftrict, either or both of whom fhall have "power to try all 

cafes of a civil nature, within their diftrict, where the debt or liquidated demand does 
Their jurifcliai- not exceed thirty dollars, in fuch manner as the legiflature may by law direct. They 
ons " fhall hold their appointments during good behavior, or until they fhall be removed by 

conviction on indictment in the fuperior court, for mal practice in office, or for any 

felonious or imfamous crime, or by the governor, on the addrefs of two-thirds of each 

branch of the legiflature. 

Court of ordi- Seel. 6. The powers of a court of ordinary or regifter of probates, fhall be 
ary ' vefted in the inferior courts of each county, from whofe decifion there may be an 

Appeal to the appeal to the fuperior court, under fuch reftrictions and regulations as the general 
afiembly may by law direct ; but, the inferior court fhall have power to veft the care 
of the records and other proceedings therein in the clerk, or fuch other perfon as 
they may appoint, and any one or more juftices of the faid court, with fuch clerk or 
other perfon, may iffue citations, and grant temporary letters in time of vacation, 

Marriage li- to hold until the next meeting of the faid court ; and fuch clerk or other perfon 

centos. ma y g rant marriage licenfes. 

writs of man- Sect. 7. The judges of the fuperior courts, or any one of them, fhall have 
damus, prohibi- power to ifTue writs of mandamus, prohibition, fcire facias, and all other writs which 
may be necefTary for carrying their powers fully into effect. 

The laws civil Sect. 8. Within five years after the adoption of this conflitution, the body of 
be revifed and our laws, civil and criminal, fhall be revifed, digefted and arranged, under proper 
d'.gefted. heads, and promulgated in fuch manner as the legiflature may direct ; and no perfon 

Caules may be ' 1 '' , 7- • ?• r 

managed with fhall be debarred from advocating or defending his caufe, before any court or tn- 

coun7!l hOUt bul>al} either b y himfelf or counfel, or both. 

Divorces. Sect. 9. Divorces fhall not be granted by the legiflature, until the parties fhall 

have had a fair trial before the fuperior court, and a verdict fhall have been ob- 
tained, authorifmg a divorce upon legal principles. And in fuch cafes, two-thirds 
of each branch of the legiflature may pafs acts of divorce accordingly. 

Clerks of the fu- Sect. io. The clerks of the fuperior and inferior courts fhall be appointed in 
penor and mfe- fa^ manner as the legiflature may by law direct, fhall be commiffioned by the 

nor courts. . . , . . . 

governor, and fhall continue in office during good behaviour. 

Sheriffs. Sect. 1 1. Sheriffs fhall be appointed in fuch manner as the general affembly may 

by law direct, and fhall hold their appointments for the term of two years, unlefs 
fooner removed by fentence on impeachment, or by the governor, on the addrefs of 
two-thirds of the juftices of the inferior court and of the peace in the county ; but 

Wtkm* no 



LAWS OF GEORGIA. , {t 

no perfon (hall be twice elected flieriff within any term of four years ; and no county 
officer after the next election fiiali be chofen at the time of electing a fenator or re- 
prefentative. 

ARTICLE IV. 

Sect, i. The electors of members of the general afiembly fhall be citizens and Q Ua i;fi C ati n of 
inhabitants of this State, and (hall have attained the age of twenty-one years, and electors. 
have paid all taxes which may have been required of them, and which they have had 
an opportunity of paying, agreeably to law, for the year preceding the election, and 
fhall have refided fix months within the county ; Provided, That in cafe of invaiion, 
and the fnh abitants (hall be driven from any county, fo as to prevent an election 
therein, fuch refugee inhabitants, being a majority of the voters of fuch county 3 may- 
meet under the direction of any three juftices of the peace thereof, in the neareft 
county not in a flate of alarm, and proceed to an election, without having paid fuch . 
tax fo required of electors, and the perfons elected thereat fliall be entitled to their 
feats. 

Sect. 2. All elections by the general afiembly (hall be by joint ballet of both Eieciionsbvthc 

branches of the legiflature ; and when the fenate and houfe of reprefentatives unite g eneral aiiem- 

for the purpofe of electing, they fliall meet in the reprefentative chamber, and the joint ballot. 
president of the fenate fliall in fuch cafes prefide, receive the ballots, and declare the 

perfon or perfons elected. In all elections by the people, the electors (hall vote viva b>- the peep.:.- 

voce j until the legiflature fliall otherwife direct. t0 be 



viva voce 



Sect. 3. The general officers of the militia fliall be elected by the general afiembly, jviVtia offi 
and (hall be commiflioned by the governor. All other officers of the militia fliall be in what manner 
elected in fuch manner as the legiflature may direct, and fliall be commiflioned by cet 
the governor; and all militia officers now in commiffion, and thofe which maybe 
hereafter commiflioned, fliall hold their commiflions during their ufual refidence 
within the divifion, brigade, regiment, battalion, or company to which they belong, 
unlefs removed by fentence of a court martial, or by the governor, on the addrefs of 
two-thirds of each branch of the general afiembly. 

Sect. 4. All perfons appointed by the legiflature, to\fill vacancies, fliall continue Perfons ag- 
in office only fo long as to complete the time for which their predecefibrs were P m Pi ed h y f ^ e 
; ° r r legiflature to fill 
appointed. vacancies. 

Sect. 5. Freedom of the prefs, and trial by jury, as heretofore ufed in this State, Freedom of the 
fliall remain inviolate; and no ex pojl fatlo law fliall be paffed. Pf^' &c 'n fs 

Sect. 6. No perfon, who heretofore hath been, or hereafter may be, a collector, ; ,.„' 

Certain diKiu?.-* 

or holder of public monies, fliall be eligible to any office in this State, until fuch lifications to o'f- 
perfon fliall have accounted for, and paid into the treafury, all fums for which he fice " 
may be accountable or liable. 

F Sea. 



42 DIGEST OF THE 

» 

Debtors. Sect. 7. The perfon of a debtor, where there is not a ftrorrg prefumption of 

fraud, fhall not be detained in prifon, after delivering up, bo?m fide, all. his eft ate 
real and perfonal, for the ufe of his creditors, in fuch manner as ihall be hereafter 
regulated by law. 

Former convk- Sect. 8. Convictions on impeachments, which have heretofore taken place, are 
peachment' 111 " nere by releafed, and perfons laying under fuch convictions, reftored to citizenfhip. 

Habeas corpus. Sect. 9. The writ of habeas corpus (hall not be fufpended, unlefs when in cafe 

of rebellion, or invafion,' the public fafety may require it. 

Freedom of re- Sect, io. No perfon within this St:.te (ball, upon any pretence, be deprived of 

igioubuo ip. t k e i ne p c i ma bi e privilege of wcrfhipping God in a manner agreeable to his own con. 

fcience, nor be compelled to attend any place of worfhip contrary to his own faith 

and judgment ; nor fball he ever be obliged to pay tythes, taxes, or any other rate, 

for the building or repairing any place qf worfhip, or for the maintainance of any 

minifter or miniftry, contrary to what he believes to be right, or hath Voluntarily 

Religious eftah- engaged to do. No one religious fociety fhall ever be eftablifhed in this State, in 

hihment prolu- p re f ererice to another; nor fhall any perfon be denied the enjoyment of any civil 

right, merely on account of his religious principles.. 

slaves not to be Sect. 11. There fhal] be no future importation of flaves into this State from 

imported. Africa, or anv foreign place, after the fir ft day of October next. The legiflature 

Nottobecman- „ ' ; oi r . r , /. r n ., . ° 

cirated without mall have no power to pais laws ior the emancipation or Haves, without the confent 

eonfentof own- f ga^ f their refpective owners, previous to fuch emancipation. They mail 

Maybe brought have no power to prevent emigrants, from either of the United States to this 

from other State, from bringing with them fuch perfons as may be deemed flaves by the laws 

States by emi- ° ' 

grants. of any one of the United States. 

Malicioiifly dlf- Sect. 12. Any perfon who fhall malkioufly difmemker, or deprive a flave of life,, 
membering or fl )a ]i f u ff er fuch punifhment as would be inflicted in cafe the like offence had been 

depriv'mgaflave . ,. - , , '',.. r r r • r 

,-,r life— how commuted on a tree white perion, and on the like proof, except in caie of mfur- 
pumfhed. veftion by fuch flave, and unlefs fuch death fhould happen by accident in giving 

fuch flave moderate correction. 

The arts and Sett. 1 3. The arts and feier.ces. mall be promoted, in one of more feminaries af ' 
Sciences to be ] ezrn [ ri g ) an d the le-giflature fhall, as foon as conveniently may be, give fuch further 
donations and privileges, to thofe already eftablifhed, as may be necefTary to fecure 
the obiects of their inftitution ; and it fhall be the duty of the general affembly, at 
their next feiTion, to provide effectual meafures for the improvement and permanent 
fecurity of the funds and endowments of fuch inftitutions. 

Peribnsin office Sect. 14. All civil officers fhall continue in the exercife of the duties of their feve- 

how long to ra -j c j|i ces during the periods for which they were appointed, or until they fhall 
continue. . ■• ■ ' .. 

be fuperceded, by appointments made in conformity to this constitution : and all 

laws now in force, fhaii continue to operate j4 fo far as they are compatible with this. 

conftitutiouj. 



LAWS OF GEORGIA. - 43 

ConftitUlion, until repealed; and it fhall be the duty of the general aflembly to pais ihe !e g, ifia [ure 

all neceflary laws and regulations, for carrying this conftitution into full e fleet. conftitution in- 

to effect. 
SecL 15. No part of this conftitution {hall be altered, unlefs a bill for that pur- The conftituti- 
pofe, fpecif\ine the alterations intended to be made, fhall have" been read three times or <~ m what , 

1 ' r J o ^ . •« manner to be 

in the houfe of reprefentatives, and three times in the fenate, on three feveral days altered. 
in each houfe, and agreed to by two thirds of each houfe refpe£tively; and when 
any fuch bill fhall be pafled in manner aforefaid, the fame fhall be publifhed at leift 
fix months previous to the next enfuing annual election for members of the general 
aflembly; and if fuch alterations, or any of them fo propofed, fhall be agreed to in 
their firft feflion thereafter, by two-thirds of each branch of the general aflembly, 
after the fame fhall have been read three times, on three feparate days, in eachTe- 
fpeitive houfe, then and not otherwife, the fame fhall become a part of this confti- 
tution. 

WE the underwritten, delegates of the people of the State of Georgia, chofen 
and authorifed by them to revife, alter or amend, the powers and principles 
of their government, DO declare ordain and ratify the feveral articles and fecli- 
ons contained in the fix pages hereunto prefixed as the conftitution of this State; 
and the fame fhall be in operation from the date hereof. 

In testimony whereof, we, and each of us reflectively, have hereunto fet our 
hands, at Louisville, the feat of government, this thirtieth day of May, in 
the year of our Lord one thoufand feven hundred and ninety eight, and in the 
twenty-fecond year of the Independence of the United States of America; and 
have caufed rhe great feal of the State to be affixed thereto. 

J A RED IRWIN, President, and delegate from Wapington, 

Attest, 

James M. Simmons, Secretary. 



A. D. 1755. 

An A ft for regulating the militia of this province, and for the fecu- No. 1. 

rity and better defence of the fame. 

January 24, 1755. 
Obfokte. 



AnAfljorflamping, imprinting, emitting, and making current the fum No. »• 
of f even thoufand pounds Jlerling in paper bills of credit, to be lei 
out at inter ef on goodfecurities, at fix per cent, per annum, and for 
applying the f aid interejl. 



Feb 



ru; 



Obfokte. 



r y i7» J 755- 



An 



44 DIGEST OF THE 

A. D. 1 755. An Acl for inflitling and impofing penalties upon any per/on or perfons 
No ' 3 ' that flo all publiflo and declare that the atls of the general affembly 

of the province of Georgia are not of force. 

February in. N 

Obfolete. 



No. f. 



No a- An Ac! for raifing and granting to his majefty a fum of money to defray 
the expences of the courts of oyer and terminer, and other contin- 
gencies of government, - 

February 21. 
ObJ oleic, 



An Acl for afcertaining the interefl money in the province of 

Georgia, 
March 7, 1755. (10 p. cent.) 

See a3 of 1759, No. 46. 



No. 6. An Acl to empower the fever alfurvey or s herein after named to lay 

out public roads in the province of Georgia. 

March 7. 
Obfolete. 



No - 7. An Acl for efablifljing a market in the town of Savannah, and to 
prevent foref ailing, ingroffing, and unjujl exaclions in the faid 
town and market, 

March 7. 

See ci8 of 1 787, No. 367 ; Iff ad of 1789, No. 430. 



No. 8. J[ n Acl to prevent fraudulent deeds and conveyances.* 

Preamble. "^S"^" TTHEREAS many inconveniences may attend the want or neglecl of re- 

yl Y cording in the public offices of this province all conveyances of land, 
Enacted, negroes, and other chattels or mortgages of the fame, Be it ena£led> That all con- 

veyances of lands, tenements, negroes, and other chattels, or hereditaments what- 

foever 

* Re-enacted with alterations by acl of 1768, No. 188. 






LAWS OF GEORGIA. 45 

foever or mortgages of the fame:, that were made before the palling this act, fhall A. D. 1755. 
be regiftered in the regifter of the records office of this province within three months r> j 

& ° r Deeds, mcrtga- 

after the publishing this aft, except fuch as have been or may be hereafter executed ges, arid other 
in Europe, which (hall be regiftered as directed in this aft, within a twelve month [^rlnd"^- 1 
and a day, and except fuch as have been or may be hereafter executed in the Weft- grotswhereand 
India iflands or on the American continent north of South-Carolina, which fhall be h^^LAi' 
regiftered as directed by this aft within fix months, and fuch as may be hereafter 
made within this province be regiftered within the fpace of fixty days from the date 
of the feveral deeds, conveyances, or mortgages, in failure of which, all fuch as are 
lawfully and regularly regiftered as aforefaicl, fhall be deemed taken and conftrued to 
be prior and fhall take place and be recoverable in law before any and every deed, 
conveyance, or mortgage which has not been lawfully regiftered as above, any law, 
cuitora, or ufage to the contrary notwithftanding. 

II. And in order to difcoufage and deter all and every perfon and perfons from , IM 
making any fraudulent conveyances or mortgages, Be it further enatledy That If any lent how ex- 
tender or mortgager of lands, tenements, negroes or other chattels or hereditaments te< ;' ea f u ~ 

t> fc> ' . ? nifhment. 

within this province fhall prefume to execute a fecond or other deed of conveyance 
or fale of the fame lands, tenements, negroes, or other chattels or hereditaments other 
than the firft vendee of fuch lands, tenements, negroes or other chattels or heredita- 
ments, or a fecond or other deed of mortgage without having taken notice in the 
faid deed of mortgage of the firft or prior mortgage or mortgages with which the 
faid lands, tenements, negroes or other chattels or hereditaments ftand charged at 
the time of executing the faid deed ; all and every perfon and perfons fo offending 
ftrall be tried and punifhed, and be fubjeft to the like forfeitures and penalties as the 
laws of that part of Great Britain, called England, have provided againft all fuch 
perfons as fhall execute deeds of mortgage without taking notice of all prior mort- 
gages made. 

III. And be it further enac7ed, That all wills or teftaments conveying properties in Wills or tefta- 
this province, that have been formerly made and not recorded in the former office, ancl in v ^hat 
be regiftered in the regifter of records office of this province within three months af- time to be en- 
ter the paffing of this aft, except fuch as have been or may be made in Europe, all 

which mail be regiftered as aforefaid within a twelve month and. a day, otherwife they 
are deemed and conftrued to be void; and all wills and teftaments hereafter to be 
made within this province, fhall be regiftered as above within three months from the 
death of the teftator, in failure of which (he faid wills or teftaments fhall be deem- 
ed and conftrued to be void and of no effeft. 

IV. And be it further enacted, That all deeds or conveyance, mortgages, wills or ~ . „ 

J ' ' -•'■•■?***'. ~ . Deeds, &c. 

writings that have been regularly entered in the former office of record of this pro- heretofore re- 

i r • \ A A "\ 

vince fhall be deemed lawful to all intents and purpofes, any thing in this aft or any "^ LClma<ie ?- 
other aft contained to the contrary notwithftariding. 

DAVID DOUGLAS, Speaker. 
J. Reynolds. 
March 7, 1755. 

An 



4 6 



DIGEST OF THE 



A.D. 1755. An ASi for raifing a fund by an impojl on (hipping to defray the ex~ 
pence of keeping the light houfe * on Tybee ifland in repair, and for 
building a houfe there for the ufe of the pilot. 

■ March 7, 1755. 

* Ceded to the United States by a<5t of 179I, No. 451. 



No- 10. 



No. Ii. 



An Acl declaring it higkf\ treafon to counterfeit his majefty*s feal of 

this province, 

March 7, 1755. 

Rendered obfolete by the revolution. 
\ See U. S. Conft. art. 3, feft. 3, defining treafon. 



An Acl to regulate fences in the province of Georgia. 

March 7, 1755. 

Repealed by acl of 1 759, No. 47. 



A. D.i 756. An Acl for declaring and eflabli/hing the method of drawing and 
No - I2 - fummoning jurors in the province of Georgia. 

December 13, 1756. 
Obfolete. 



No. 13. 



Preamble. 



Ena&ed. 



An Acl for the eafe of diffenting protefanis vuithin this province vuho 
may be fcrupulous of taking an oath in refpecl to the manner and 
form of adminiflering the fame. 

"^"W"T"FIEREAS many inconveniencies may arife in this province through the 
V ▼ fcruples of divers proteftant diffenters within the fame, of good eftates 
and abilities, who refufe to take an oath by laying their hand on the Holy Evangelifts, 
whereby the public is deprived of their fervices as jurymen. And -whereas a£rs of 
toleration and indulgence to proteftant diffenters have been found of beneficial ten- 
dency to other his majefty's provinces, and may in a particular manner be fo to this 
infant province : In order that fuch diffenting proteftants may be enabled and com- 
pellable to ferve on all juries, and to give evidence in all cafes ; and that the a£rs ' 
of fuch proteftant diffenters may be valid and effectual in refpecl: of the manner and 
form of taking and adminiftering oaths, Be it enabled, That immediately after paffing 
this act, any perfon who fhall appear in any of the courts of judicature, or before 
any judge or magiftrate in this province, either as juror, witnefs, party, or otherwife, 



m 



LAWS OF GEORGIA. 47 

in any caufe, civil or criminal, and mall make and diftinclly repeat a folemn and A. D. 1756. 
confcientious declaration and affirmation according to the form of his profeffion in . r I3 ' _ 

, . . . 1 • • , 1 1 1 r 11 A foleIT,n affir " 

any matter, cauie or thing wherein an oath is required by law, in the following rnation as valid 
words : " I J. B. do fwear, in the prefence of Almighty God, as I fhall anfwer f ,? n ™ tli ' * tld - 

* * o ' : falfe affirmation 

at the great and awful day of judgment, that (as the cafe may be) So help me God." punifbed as 

And fuch folemn and confcientious declaration and affirmation fhall be deemed, P er J ui y - 

held, adjudged, and taken to be valid and effectual to all intents, conftrufrions and 

purpofes whatfoever, in the fame manner as if fuch perfon had taken an oath on the 

Holy Evangelifts of Almighty God j and that all and every fuch perfon and perfons 

as (hall be convicted of falfely and corruptly affirming and declaring any matter or 

thing which (if the fame had been an oath taken on the Holy Evangelifts) would by 

law amount to wilful and corrupt perjury, fhall incur the fame penalties, difabilities 

and forfeitures as perfons convicted of wilful perjury do incur by the laws of 

Great Britain. 

WILLIAM LITTLE, Speaker,. 
J. Reynolds. 
December 13, 1756. 



An Acl for the better regulation of the courts of requejl. No* 14. 

December 13, 1756. 
Obfolete. 



An Acl for rai/ing a public ft ore of gunpowder for the defence of this no, 15. 

province. 
December 14, 1756. 
Obfolete. 



a. r>. 1757. 

An act to explain and amend an acl, entitled, An acl for declaring No, 16. 

and efiablifJmig the method of drawing and fammoning jurors in 

the province of Georgia. 

February 8, 1757. 
Obfolete.. 



An Acl for the providing for, and difpofing of the Acadians now in »>■■ 

this province.. 
February 8= 

Obfolete,. 

An. 



17- 



4 «3 DIGEST OF THE 

A. D. 1757. /Ui AM for raiftng and granting to his majefiy afum of money to de~ 
®f l3, fray the expences of holding the courts of oyer and terminer, and 

fome other expences of government. 

February 8. 



Obfolde. 






No, 13. 



Prem.ble. 



Enaclc 




An acl for confirming [ales of land in the province of Georgia by at tor- 
nies or agents, and for afcertaining the proof of inftruments or ivrit- 
ings made out of the province.* 

1TT"HEREAS divers perfons living cut of this province, are and have been own- 
Y ers of lands within the fame, which perfons have ufuaily appointed attor- 
nics to fell and difpofe of fuch lands, to the end therefore that thole who have fo 
purchafed may from henceforth be fecured in their titles and eftates, Be it ehatledy 
Sales of land, That all fales of lands, tenements, and hereditaments, within this province, hereto- 
^ c • \ ^ fore made by any attornies or agents, who have been appointed and empowered by 
nies or egents any perfon or perfons having a right fo to do, are and fhall be deemed and adjudged 
law' Vai m g 00 ^ an ^ effectual in law, to all intents, conftruftions, and purpofes whatfoever, as 
fully as if the faid owner or owners of fuch lands had, by their own deeds and con- 
veyances, actually and really fold and conveyed the fame ; and all and fingular the 
lands, tenements, and hereditaments, fold and conveyed as aforefaid, fhall be and 
remain to fuch purchafers refpetHvely, for fuch eftate or eftates as the owner or own- 
ers fo employing his or their attornies or agents had or ought to have had therein. 
_ j • & , II. And be it further evafled, That all bonds, fpecialties, letters of attorney, and 

execution of, other powers in writing, which fhall be produced in any court, or before any magif- 
ow prove trate in this province, the execution whereof being proved by one or more of the 

witneffes thereunto, by affidavit or affidavits, or folemn affirmation in writing, before 
any governor or commander in chief, chief juftice, mayor, or other chief magiftrate, 
of any of his majefty's provinces, cities, towns, or places, where fuch bonds, letters 
'< of attorney, or other writings, are or fhall be made or executed, and accordingly cer- 

tified and tranfmitted under the common or public feal of fuch province, courts, cities, 
towns or places, where the faid bonds, letters of attorney, or other writings, are fo 
proved refpeclively, fhall be taken and adjudged as fufficient in law as if the witnelTes 
therein named had been prefent, and fuch certification fhall be fufficient evidence to 
the court aad jury for the proof thereof ; Provided, That in every fuch affidavit or af- 
firmation there fhall be expreffed the addition of the party making fuch affidavit or affir- 
mation, and the particular place of his or her abode. 
Sales of hnJs, HI. And be it further enabled, That all fales or conveyances of lands, tenements, 
byVtter^of^t- or hereditaments, which fhall hereafter be made by virtue of any letters~br powers of 
tomey or agen- attorney or agency, duly executed, which do or fhall exorefsly give power to fell lands 

cy.how pro\ed ' A 

and made valid, 

'. /-■ 

* See 5 and 6 feci, of acl: of 1785, No. 3TT, on the fame fpbjeft. 



Provifb. 



LAWS OF GEORGIA. 



49 



er other efbtes, and be certified to have been proved as aforefaid, or (hall be proved -A. D. 1757. 

in this province before any juftice of the peace, by one or more of the witrieffes there- No - 1 9- 

to, fhall be good and effectual in law, to all intents, conftructions, and purpofes 

whatfoever,. the fame as if the faid conftituent or constituents had, by their own deeds 

and conveyances, actually and really fold and conveyed the fame ; Provided always, Provifo, 

That no fale of lands, tenements, hereditaments, made by virtue of fuch power or 

powers of attorney or agency as aforefaid, fhall be good and effectual, unlefs fuch fale 

be made and executed while fuch power is in force, and all fueh powers fhall be ac~ 

counted, deemed,, and taken to be in force, until the attorney or agent fhall have 

due notice of a countermand, revocation, or death of the conftituent. 

Y/XLLIAM LITTLE, Speaker. 
John Reynolds. 
February 8, 1757- 



An Ac! for explaining and amending an acl to empower the fever al £&■ j©. 
furveyors hereafter named to lay out public roads in the province oj 
Georgia. 
February 8. 

Obfolete. See aS oj r 1786, No. 358. 



An Act for the better ft curing the payment, and more eafy recovery 
of debts due from any perfon not refiding in this province by attach- 
ing their efiate perfonal, if any fuch they have in this province. 
February 8. 

See aS of 1 761, No. 74; 



G An- 






No. 5T> 



An Acl for ejlablifhing a -watch in the town, of Savannah no. 

July 19, 1757. 
Obfolete, 



An Ac~i for the better fettling the province of Georgia, No. jp* 

July 19. 

This. a8 is in its nature temporary Obfolete, 



|o DIGEST OF THE 

A. D- 1757, An AH for preventing the enemy from being f up plied with cattle -or 
* 4 ' other provifions from this province, 

July 19. 
Obfokte. 

No. %s, ji n ASl for the fecurity and defence of the province of Georgia by 
erefling forts in the fever al parts thereof and for appointing com" 
mifjioners to carry the fame into execution, 

July 19. 

Obfokte. 



No. 26. An Ac! for efiabllfhlng and regulating of patrols, 

July 28. 

Obfokte. See a8 of 1765, No. 137. 



No. 27. An Acl to oblige the male white perfons in the province of Georgia 

to carry fire arms to all places of public worfhip. 
July 28, 1757. 

Obfokte. — See ail of Ij'jo, No. 191. 



No. 28. jln JIB for flumping and Iffulng in paper bills of credit the fum of fix 
hundred and thlr ty~ eight pounds f even fhllllngs and one penny and 
a far thing to be applied in dij charge of the public debt, and for 
appropriating three-fourths of the inter efl on the fum of two thou- 
fandfeven hundred and eighty-five pounds already Iffued and let to 
inter efl to the finking of the f aid fum. And alfo for (lamping and 
iffulng the further fum of two hundred pounds to be applied In the 
exchanging defaced and obliterated bills, i 

July 28. 

Obfokte. 



No. 29. An AB for raifing and granting to his majefy the fum of fix hundred 
and forty-five pounds to defray the expences of holding the courts 
of oyer and terminer, and other expences of government, 

July 28. ' 

Obfokte. An 






LA-WS OF GEORGIA. .' 51 

Ait Aft for regulating taverns and punch houfes, and retailers of A, D. 1757, 

Jpiritous liquors, °* 3 °* 

July 28. 

Repealed by acl of' I 791, No. 459. 

A. D. 1758. 




*An Acl to prevent private perfons from pur chafing lands fronts the No, 31. 
Indians^ and for preventing perfons trading vuith them without 
licence* 

'HERE AS the fafety, welfare, and prefervation of this province of Georgia, Preamble , 
doth, in great meafure depend on the maintaining a good correfpondence 
between his majefty's fubjects and the feveral nations of Indians in amity, with the 
faid province : And whereas many inconveniences have arifen, from private perfons 
claiming lands, included in the charter granted to the late honorable truftees for efta- » 

blifhing the colony of Georgia by his prefent majefty, and fince reinvefted in the 
crown, under pretence of certain purchafe-s made of them from the Indians, which 
have given occafion for difputes with thofe people ; for remedy whereof, and for 
preventing any differences or difputes with the Indians for the future, and alfo for 
preventing perfons trading with them without licence, Be it enacled, That from and Ena&ed. 
after the fifteenth day of February, one thoufand feven hundred and fifty-eight, if any f^'"^ j^ 
perfon or perfons whofoever fhall attempt to purchafe or contract for, or caufe to Indians unlefs 
be purchafed or contracted for, or (hall take or accept of a grant or conveyance of t o\/void and 
any lands, or tracts of landj from any Indian, or body of Indians, upon any pretence the offender to 
whatsoever, (except for the ufe of the crown, and that by permiflion for this purpofe 
firft had and obtained from his majefty, his heirs or fucceflors, or his or their gover- 
nor or commander in chief of the faid province for the time being) every fuch pur- 
chafe, contract, grant, and conveyance, fhall be, and is and are hereby declared to be 
null and void, to all intents and purpofes whatsoever ; and all and every perfon and 
perfons fo offending fhall, for every fuch offence, forfeit the fum of one thoufand 
pounds, fterling money of Great Britain, the one half thereof to his majefty-f-, his 
heirs and fucceflors, for the ufe of the province, and the other half to him or them 
who fhall fue for the fame, by action of debt, or information, in the general court of 
this province, in which no aflbign, protection, privilege, or wager of law, or more 
than one imparlance, fhall be allowed. 

The rejl of the acl refpetling trade and intercourfe with Indians obfolete, being under dire&ion of 
Congrefs. See fed, confl. and act of U. S. 1 790. 

DAVID MONTAIGUT, Speaker. 

PATRICK HOUSTOUN, Prefident. 
Henry Ellis. 
February 15, 1758. 

* See aft of 1784, No, 286, on the fame fubjeift. Sales of lands by Indians-regulated by aft of Congrefs 
July 22. 1790. 

f Now applied to the ufe. of the State. See act of 1784, , No. 287, 

An 



5= DIGEST OF THE 

A n"' 3 ' 758 ' A " M > hetter >-?S"l«?»>J ^ »'«rLa in the town of Savannah. 

March 15. 

Obfolete. 



No 23. An Acl to explain and amend an aft pajfed in the laji fejion of the 

prefent general affembly of this province, entitled, « An Act for the 

feenrity and defence of the province of Georgia by ereeling forts in 

the fever al parts thereof, and for appointing commiffwners to carry 

the fame into execution?' 



March 15, 
Obfolete. 



No. 34. An Ac! to amend and continue an acl, entitled, An adl for regulating 
the militia of this province, and for the Security and better defence 
of the fame. 

March 15. 
bfokte. 

No. Z5 . An Adl to encourage ivhite tradefmen to fettle in the fever al towns 
within the province of Georgia, by preventing the employing ne- 
groes and other flaves being handicraft tradefmen inthef aid towns. 
March 15. 

Rendered obfolete by the change of government. / 



No. 36. An Acl for confituting and dividing thefeveral diflricls and divifions of 
this province into parifhes^ and for eflablifhing of religious wor- 
fhip therein, according to the rites and ceremonies of the church of 
England ; and alfo for empowering the church-wardens and veflry- 
men of the refpetlive parifhes to affefs rates for the repair of 
churches, the relief of the poor, and other parochial fervices.f 

Parifhes laid off I. 13 E it enaBed, That the feveral diflricls and divifions of the faid province fhall, 

and ikfcnbed. Jf/j from and after the feventeenth day of March, one thoufand feven hundred 

and fifty-eight, be divided and constituted into eight parifhes, that is to fay, the town 

and 

* See act of 1765. No. 126. Defining other parifhes, and adding to St. James. 

f Before the revolution the laws had coercive power on religious fervice in the church, the revolution chan- 
ged the antient order of things in church and ftate. The people then made a constitution for thcmfclves, in 
which was deflroyed all church Supremacy ; and all men declared to haveliberty to worfhip in their own way 
and to be liable to no tax or buri-ben except in their own fociety. And an act. of aflsmbly ha6 iince palled, con- 

tinuinfr 



LAWS OF GEORGIA. 



5.3 



and diftrict of Savannah, extending up the river Savannah, including the iflands A. D. 1758. 
therein, as far as the fouth-eaft boundary of Gofhen, from thence in a fouth-we(! No " 3<5, 
line to the river Great Ogechee, and from the town of Savannah eaftward, as far as 
the mouth of the river Savannah, including the fea islands to the mouth of the river 
Great Ogechee, and all the fettlements on the north fide the faid river to the wefiera 
boundaries thereof, fhall be and forever continue a parifh, by the name of the parifli 
of Chrijl Church ; the diftrict of Abercorn and Gofhen, and the diftrict of Ebenezer, 
extending from the north-weft boundaries of the parifli of Chrijl Church up the river Chrift Church. 
Savannah as far as the Beaver-Dam, and fouth-weft as far as the mouth of Horfe- 
Creek on the river Great Ogechee, fhall be and ever continue a parifh, bv the name 
of the parifh of Saint-Matthew, the diftrict of Halifax, extending from the north- St. Matthew. 
weft boundaries of the parifh of Saint-Matthew up the river Savannah from the mouth 
of Mackbeen's Swamp to the head thereof, and from thence to the head of Lambol's 
Creek, to the river Great Ogechee, fhall be and forever continue a parifli, by the 
name of the parifh of Saint-George ; the diftrict of Augufta, extending from the north- St. George, 
welt boundary of the parifh of Saint-George, and fouth-weft as far as the river Oge- 
chee, and north-weft up the river S:ivannah as far as Broad-River, "fhall be and for- 
ever continue a paiifh by the name of the parifh of Saint-Paul; the town of Hard- St. Paut 
wick, and diftrict of Ogechee, on the fouth fide of the river Great Ogechee, extend- 
ing north-weft up the faid river as far as the Lower-Indian Trading-Path leading from 
Mount-Pleafant, and fouthward from the town of Hardwick as far as the fwamp of 
James Dunham, including the fettlements on the north fide of the north branches of the 
river Midway, with the ifiands of OiTabaw, and from the head of the faid Dunham's 
Swamp, in a north weft line, fhall be and forever continue a parifh, by the name of 
the parifh of Saint-Philip; from Sunbury, in the diftrict of Midway and Newport, St. Philip. 
from the fouthern bounds of the parifli of Saint-Philip, extending fouthward as far as 
the north line of Samuel Haftings, and from thence fouth-eaft to the fouth branch of 
Newport, including the iflands of Saint-Catharine and Bermuda, and from the north 
line of the faid Samuel Haftings north- weft, fhall be and forever continue a parifh, 
by the name of the parifh of Saint- John; the town and diftrict of Darien, extending St. John. 
from the fouth boundary of the parifh of Saint-John to the river Alatamaha, inclu- 
ding the ifiands of Sapelo and Eaftwood and the fea ifiands to the north of Egg-lfland, 
north-weft up the river Alatamaha to the forks of the faid river, fhall be and forever 
continue a parifli, by the name of the parifh of Saint- Andrew; and the town and St. Andrew. 

diftrict . 

tinuir.g all the royal provincial afts, not inconfifrcnt with the principles of the revolution, the conftitution and 
acls of the Stale. The queftion now arifes, 'whether the parts of the old a As giving power of affefling rates, arc 
fo confident or not at this day. The anfwer is evident, religious affocialions are voluntary, and may be incor- 
porated, and the legiflature may give fuch power upon their application; hut without a fpecialiaw fuch affefT- 
ments cannot be made. Thofe parts therefore of the antient ac'ts, mufh he confidered as dead letter ; and the ge- 
niusof our government muil prevail. The following are confidered, and have often been afferted, among the 
natural rights of mankind, " That no man fhall he compelled to frequent or fupport any religious worfhip, place 
" or minidry whacfocver, nor fhall be enforced, reftiained, molefted, or burthened in his body or goods, nor 
" fhall otherwife fuffer on account of his religious opinions or belief ; but that all men fhall be. free to profefs, 
" and by argument to maintain, their opinions in matters of religion, and that the fame fhall in no wife dimi- 
«« nifh, enlarge, or affecT: their civil capacities.'' 
See 10. feet. 4. art, Conft. 1798. to like effetft. 



54 

A. D. 1758. 

No. 36 

St. James. 

Church in Sa- 
vannah and bu- 
rial phce. 

Chrift Church. 



Church in Au- 
pufta and burial 
place thereto. 
St. Paul. 



DIGEST OF THE 

diftrict of Frederica, including the iflands of great and little Saint-Simon, and the 
adjacent iflands, fhall. be and forever, continue a parifh, by the name of the parifh of 
Saint-James, 

II. And be it further enacled, That from and after the faid feventeenth day of 
March, one thoufand feven hundred and fifty-eight, the church already erected in 
the town of Savannah,* and the ground as now ufed for a cemetery or a buria.1 
place thereto, fhall be the parifh church and cemetry of Chrift Church.. 

III. Repugnant to the form of our government, 

IV. And be it further enacledf That from and after the faid feventeenth day of 
March, one thoufand feven hundred and fifty-eight, the church erected in the town 
of Augufta, with the cemetery or burial place thereto belonging, fhail be the parifh 
church and burial place of Saint-Paul 

The reji of this ad, repugnant to the form of our government. 

DAVID MONTAIGUT, Speaker. 
PATRICK HOUSTON. 
Henry Ellis. - - 

March 15, 1758. 



No. 37.- 



Preamble. 



An Acl for limiting the time for perfons claiming lands by virtue of 
warrants offurvey, allotments, nominal titles, or pojfejjton, derived 
from and under the late t honorable truftees for eflablifhing the colo-> 
ny of Georgia, their prefident and afftjlants, or any others acllng by 
and under their authority. 




"HERE AS great numbers of town lots,, and other tracts of land, in different 
parts of this province, that have heretofore been allotted by the late ho- 
norable truftees for eftablifhing the colony of Georgia, or thofe acting under their 
authority, do now lie vacant and uncultivated, the feveral perfons to whom thqy 
are allotted being either dead or having left the province, to the great hinderance of 
the fettlement of it, and the retardation of his majefty's quit rents : And whereas 
the limiting a certain time for all perfons claiming right to fuch lots and lands, to put 
in and make good their claims to the fame, or other wife to be excluded therefrom, 
would greatly tend to the fettlement and cultivation of the province, by obliging fuch 
perfons to take out grants for fuch lots and lands, or elfe enabling his majefty's go- 
vernor and council to grant them to others; 
Lots or traces of I. Be it therefore enacted, That all and every perfon and perfons, that now hold, or 
land, &c. pof- c ] a j m to hold, any lot or lots, tract or tracts of land in the faid province of Georgia, 
late truftees, by virtue of any warrant of furvey, allotment, nominal title, or poffeffion, derived from 
fen^t^yfthin ant * un ^ er tne ^ a ^ truftees, their prefident and affiftants, or any others acting by and 
three years. under 

* Seea<fts of 1763, No, 94, and 1768, No. 178, enlarging the cemetery. 
f Titles under truftees confirmed by act of 1759, No. 40..- 



LAWS OF GEORGIA. 



55 



under their authority, (fuch as hold under regular grants palled under the common A. D. 1758* 

feal of the faid truftees excepted) do and fhall, within three years from and after the No. 37. 

twentieth day of March, one thoufand feven hundred and fifty-eight, appear before the 

governor and council of the faid province, in their own perfons, or by their attornies 

or fubftitutes lawfully conftituted, and prove and make good their claim and title to 

all and every fuch lot or lots, tract or trails of land, as they fhall fo hold, or claim to 

hold, in manner aforefaid, to the fatisfaction of the faid governor and council, and all 

and every fuch perfon and perfons, having fo proved and made good their faid claims 

and titles, and the fame being allowed of by the faid governor and council, fhall and 

•do, within fix months next after fuch allowance, take out the king's grant for the 

fame, in failure whereof, all and every fuch claim and claims to be void. 

II. And be it further enafiedy That all and every fuch perfon and perfons, that now otherwife 
hold or claim to hold, any lot or lots, tract or tracts of land, by virtue of any warrant cia ." ns t0 bc 
©f furvey, allotment, nominal title, or pofTeflion as aforefaid, (except as herein before 
excepted) that fhall not appear before the governor and council of the faid province, in 

their proper perfons, or by their attornies or fubftitutes lawfully conftituted, and fhall 
not prove and make good their claims thereto within the time herein before limited, 
and in the manner as herein before is directed, all and every fuch perfon and perfons 
fhall, and is, and are hereby forever after debarred and excluded from having any right 
or title to all and every fuch lot and lots, tract and tracts of land, by virtue of any fuch 
warrant of furvey, allotment, nominal title, or pofTeflion, as aforefaid, and the fame 
fhall from thenceforth become forfeited, and revert to his majefty, his heirs and fuc- 
cefibrs. 

III. And be it further ena3ed, That from and immediately after the end and ex- and forfeited. 
piration of the faid term of three years, all and every the faid lot and lots, tract and 

tracts of land that fhall not then have been claimed, or the title thereto approved of, 
according to the direction and true intent and meaning of this act, fhall be, and the 
fame is and are hereby declared to be forfeited to his majefty, his heirs and fucceffors, 
and fhall, to all intents and purpofes, be deemed, held and accounted, as vacant land, 
and then and from thenceforth it fhall and may be lawful to and for the governor and 
council of the faid province for the time being to iflue warrants for granting the fame 
away as fuch to any perfon or perfons whomfoever ; Provided neverthe/efs } That no- provifo, 
thing herein contained fhall vacate or prejudice the right of any perfon or perfons, 
being -within the age of twenty-one years, non compos mentis., or imprifoned, at the 
commencement of this act, fo as fuch perfon or perfons do make their claim within 
three years after he, fhe or they, fhall attain the age of twenty-one years, fhall become 
of found mind, or be enlarged out of prifon. 

IV. And whereas the records of the firft furveys and allotments made of lands in 
this province are very imperfect, and the furveyor general by that means unable to 
render an account of fuch as have fo been furveyed and allotted for perfons who are 
dead, or abfent from this province, as aforefaid ; wherefore, that this bufinefs may 
be the better and more perfectly performed, Be it further enacled, That all and every 
perfon and perfons now refident in this province, or in the province of South Carolina, 

that 



DIGEST OF THE 



A. D. 1758. 

No. 37- 
Claimants rc- 
fsding here or 
in S. Carolina 
to give in their 
claims within 
eighteen 
months and take 
out grants* 



AMrad of this 
aft to be pub- 
lifhed in the 
London and S. 
Carolina ga- 
zettes. 
Provifo. 



that hold, or claim to hold, any lot or lots, tract or tracts of land, in the faid pro- 
vince of Georgia, by virtue of any warrants of furvey, allotment, nominal title, or 
pofleffioa, derived from and under the faid truftees for eftablifhing the colony of 
Georgia, their prefident and affiftants, or any others acting by and under their autho- 
rity, (except as herein before is excepted) do and (hall, within eighteen mouths from 
and after the twentieth day of March, one thoufand feven hundred and fifty-eight, 
appear before the governor and council of the faid province of Georgia, in their own 
perfons, or by their attornies or fubftitutes lawfully conftitutcd, and prove and make 
good their claim and title to all and every fuch lot or lots, tract or tracts of land, as 
they fhall fo hold, or claim to hold, in manner aforefaid, to the fatisfaction of the 
faid governor and council, and fuch claim and title being allowed of, do and fhall, 
within three months next after fuch allowance, take out his majefty's patent and 
grant for the fame, in default and failure whereof all and every fuch claim and 
claims to be void •, and all and every fuch lot and lots, tract and tracts of land, mall 
and may from thenceforth be patented and granted away as vacant land, in manner as 
herein before is directed ; any thing in this act contained to the contrary thereof in 
any wife notwithitanding. 

V. And, to the intent that no perfon may plead ignorance hereof, this act fhall s 
as foon as conveniently may be, after the faid twentieth day of March one thoufand 
feven hundred and fifty-eight, be printed, and an abftract thereof fhall be publifhed 
in the London and South Carolina Gazettes ; Provided always, and be it further enabl- 
ed by the authority aforefaid, That in cafe his majefty, by his royal proclamation, iffued 
at any time before the twentieth day of September, one thoufand feven hundred and 
fifty-nine, fhall fignify his pleafure as to all or any of the matters and things in this 
act contained, then this act, and every or fuch article, claufe, and- thing therein, fhall. 
eeafe, determine, and be utterly void ; any thing herein before contained to the con- 
trary thereof in any wife notwithftanding. 

DAVID MONTA1GUT, Speaker.. 

PATRICK HOUSTOUN. / 
Henry Ei.lis.. 

*75 8 - 



March 15, 



No. 38. 



An Ac! for preventing the enemy from being fupplied ivith cattle and 

other provifions from this province, 
December 12, 175^8. 
Obfolete.. 



No. 39. 



An AH for regulating the affize of bread* 
December 12. 

Obfolcte. See a& of 1 768, No. 74*. 



dh 



LAWS OF GEORGIA. S7 

An Acl to empower the commijjioners of the general loan tofiamp, imprint-, fign } and pay A. D. 1759* 
into the hands of his majejlfs treafurer y the further fum of ^.799 8 1 1 in forling No. 40. 
bills of credit > to defray the expence of repairing the church in Savannah & for. building 
a public magazine in the town of Savannah; for fecuring the light houfe on Tybee 
ifland; and to make good a deficiency of the lajl public tax defrayed by an accident of 
fire. 

March 27, 1759. 
Obfolete. 



An ac~l for eflablifhing and confirming the titles of the fever alinhabi- No. 4s. 

tants of this province to their refpeclive lands and tenements, 

t 

FORASMUCH as many Suits and contefts may hereafter arife by means of pretend- Preamble. 
ed antient titles to lands and tenements derived from and under the late lords 
proprietors of Carolina, the conditions of which title* have not been. complied with,, 
and. the lands have Since been regranted : For remedy and prevention whereof, and 
for quieting the eftates of the prefent lawful poSSefiors and avoiding fuits- in law, Be 
it enacledy That all and every perfon and perfons that are now poSfeSfed of or do hold. Ena&ed. 
any lands or tenements whatsoever within the faid province of Georgia, by and under Gr ^ nts of *e 
grants from the late honorable truftees for eftablifhing the colony of Georgia, or by thofe fince the 
and under grants from his majefty obtained fince the Surrender of the charter of the ^ r a r ™j erof the 
faid truStefs, are hereby eStabliShed and confirmed in the poSfeffion of their Several and firmed againft 
refpeclive lands -and tenements, and fuch grants thereof are hereby accordingly rati- u le C k>' r ds m pr" 
fied and confirmed, and declared to be good and valid to all intents and purpofes what- pnetors of Ca- 
foever, againft all and all manner of perfons claiming any eftate or intereft therein by grants before' 
and under the faid lords proprietors of Carolina, or by or under any former grants ob- l he , d t, te of thc 
tained before the date of his majefty's charter to the faid truftees for eftablifhing the 
colony of Georgia, any act, law or Statute to the contrary notwithstanding. 

DAVID MONTAIGUT, Speaker. 

PATRICK HOUSTOUN, frefident... 
Henry Ellis. 
March 27, 1759- 



An Acl for raiftng and granting to his majefiy the fum of f.ii 20 5 cf- to defray the ex-- No. ,43. 
pences of holding the courts of oyer and terminer^ and fame ether cxpences of govcrn- 
■vernment. 
March 27; 
Obfolele. 

An Act for erecting a public magazine* $fo, 43 , 

March 27, 1759. 
Obfolete.. 

*S 1 1 • <Ajt 



5 8 DIGEST OF THE 

A. D. 1 759» Ah Act for the repairing of Cbrift Clurch in Savannah. 

No ' 44 - March 27. 

Obfokte. 



No. 45, An A3 to prevent the building wooden chimneys in the town of Savannah, the repair of 

thofe already built, and to provide againfl accidents of fire. 
March 27. 

Obfokte. — See acl of 1 787, No. 367. 



No. 4 6. An Act for reducing the inter eft of money in this province. 

Preamble. "^ITTHEREAS the high rate of intereft in this province of Georgia is a great dif- 

Yf couragement to planters and others from improving their landed eftates 
therein, by reafon that the profits arifing from fuch improvements do not equal the 
fum paid for money fo laid out and employed ; And whereas many planters and 
others, by failure of crops and other misfortunes, do become unavoidably indebted, 
and are therefore made chargeable with the faid high rate of intereft, to the detriment 
of the faid planters and others, and to the great hinderance of the improvement and 
fettlement of the faid province j for remedy whereof, and for preventing the like mif- 
Enacted. chiefs for the future, Be it enacled, That no perfon or perfons whomfoever, from and 
after the twenty-ninth day of March, in the year of our Lord one thoufand feven 
hundred and fifty-nine, upon any contra£l that fhall be made from and after the faid 
twenty-ninth day of March, (hall take, directly or indirectly, for loan of any monies, 
wares, merchandizes, or other commodities whatfoever, above the value of eight 

intereft of mo- pounds for the forbearance of one hundred pounds for a year, and fo after that rate 

sey to beat the £ greater or leffer fum, or for a longer or fhorter time, and that all bonds, con- 
xaie 01 a per ° . * } 

tent. - tracts*, and afTurances whatfoever, made after tne time aiorefaid^ for the payment 

of any principal or money, to be lent, covenanted, to be performed upon, or for any 
ufury, whereupon or whereby there fhall be referved or taken above the rate of eight 
pounds in the hundred as aforefaid, (hall be utterly void; and that all and every per- 
fon or perfons whomfoever, who fhall, after the time aforefaid, upon any contrail to 
be made after the faid twenty-ninth day of March, take, accept, and receive, by way 
or means of any corrupt bargain, loan, exchange, chevizance, ffiift, or intereft of any 
■wares, merchandize, or other thing or things whatfoever, or by any deceitful way or 
means, or by any covin, engine, or deceitful conveyance,, for the forbearing or giving 
day of payment for one whole year, of and for their money or other thing above the 
fum of eight pounds for the forbearing of one hundred pounds for a year, and fo 
after that rate for a greater or lefter fum, or for a longer or fhorter term, fhall forfeit 
and lofe for every fuch offence the treble value of the monies, wares, merchandizes, 

and 

* See jicl of 1792, No. 475, feel. 38; and note refpeiling intereft on open sccounts or unliquidated 
demands. 



LAWS OF GEORGIA. 



59 



and other things fo lent, bargained, exchanged, or fhifted, any law, ufage, orcuftorn A. D. 1759, 
to the contrary thereof, in any wife notwithftanding. No * 4<s - 

DAVID MONTAIGUT, Speaker. 
PATRICK HOUSTOUN, Prefident. 
Henry Ellis.. 
March 27, 1759. 




An Act for the better regulating fences in the province of Georgia*, no. 47. 

'HEPiEAS an act paffed the feventh day of March, one thoufand kven Preamble. 
hundred and fifty-five, in the fir ft feffion of the firft general affembly of 
this province, entitled, " An act to regulate fences in the province of Georgia," 
has been found very ineffectual for the purpofes thereby intended : And whereas 
the fixing and eftablifhing fit and proper dimenfions for all fences and enclofures to 
be erected and made in and about the feveral plantations and fettlements of this 
province, would not only prevent the feveral owners and occupiers thereof, fo 
fenced and enclofed, from receiving any damage from the irruption, ftraying, or 
breaking in of cattle, horfes, fheep, goats, or fwine, but would likewife obviate 
any doubts or difputes happening or arifing as to the ftrength and fufhciency of fuch. 
fences and enclofures, in cafe of any irruption or trefpafs to be committed within 
the fame : Be it enaHed, That from and after the twenty^ninth day of March one Fna&ed. 
thoufand feven hundred and fifty-nine, all fences or enclofures, commonly called P'meniions of 
worm fences, that fhall be erected and made around or about any garden, orchard, 
rice ground, indigo field, plantation or fettlement, in this province, fhall be fix feet 
high when flaked and ridered, and from the ground to the height of three feet of 
every fuch fence or enclofure the rails thereof {hall not be more than four inches 
diftant from each other; and that all fences or enclofures, that fhall confift of pal- 
ing, fhall likewife be five feet high from the ground, and the pales thereof not. more 
than two inches afunder ;, Provided always, That where any fence or enclofure fhall. 
be made with a ditch or trench, the fame fhall be four feet wide, and in that caf® 
the fence fhall be fix feet high from the bottom of the ditch. 

II. And be it further enaBcd, That if any trefpafs or damage fhall be committed: 
in any garden, orchard, rice ground, indigo field, plantation,. or fettlement, not being- 
fenced and enciofed in manner as herein before is directed by the irruption, break- 
ing in, or ftraying of any cattle, horfes, fheep, goats, or fwine, the owner of fuch Owners of cat* 
cattle, horfes, fheep, goats, cr fwine, fhall not be liable to anfwer for fuch trefpafs, w^ fo^' aAy*da~ 
or to make good or fatisfy any damage or injury that fhall happen or be committed by mages done in 
reafon thereof;, and in cafe any perfon or perfons fhall kill, maim, hurt, or deftroy, a ^ y ds '^ cc l xiol . 
or caufe to be killed, maimed, hurt, or deftroyed any cattle, horfes, fheep, goats, or properly fenced*. 
fwine, fo trefpa fling, ftraying, or breaking into any garden,, orchard, rice ground,, 
indigo field, plantation, or fettlement, not fenced and enolofed in manner as by this adV 
is directed, all and every fuch perfon and perfons fhall anfwer and make good to the 
owner or owners thereof all fuch injury and damages as he or they fhall fuftain thereby,. 

the 



60 DIGEST OF THE 

A. D. 1759. the fame to be recovered, on due proof thereof, before any two juftices of the peace 

No. 47. for the diftrict where the offence {hall be committed^ and to be levied by warrant 

of diftrefs and fale of the offender's, goods. 

Juftices to ap- JIJ- And be It further enured, That in cafe any cattle, horfes, {heep, goats, or 

point three free- f w j ne {] ia ]i break into any garden, orchard, rice ground, indigo field, plantation, 

holders to ap- * 1 • <• 1 1 i r 1 

praife the da- or fettlement, being fenced and enclofed according to the direction of this act, then, 
Se S< &" eby on application of the party aggrieved, it fhall be lawful for any of his majefty's 
juftices of the peace in the faid province to appoint any three indifferent freeholders 
to view and appraife the damage. fo committed and fuftained, and the appraifernent 
made and figned by the faid freeholders fhall be delivered to the faid juftice, or any 
other, who is hereby authorifed and empowered to caufe the * fum fo appraifed -to 
be levied by warrant of diftrefs and fale of the offender's goods. 
Refufing to ap- *V. And & e fcjfwtty* enabled, That in cafe any freeholder, appointed by any juftice 
praife fhall for- to view and appraife any damage faid to be committed, fhall neglect or refufe to 
Jino- s .° y make fuch view and appraifement, in manner as directed by this act, every fuch free- 

holder forefufiftg or neglecting fhall forfeit and pay, for every fuch offence, a fum 
not. exceeding forty (hillings, to be levied by diftrefs and fale of the offender's goods 
to be for the ufe of the party injured. 
Caufes, &c. not V. And be it further enabled, That no planter or Other perfon, not having a lawful 
to he fixed in 'fence, fhall fix in any of his inclofures any canes or flakes, or any other thing that 
^undcrppnaityof fhall or may kill, maim, hurt, or deftroy, any cattle, horfes, fheep, goats or fwine, 
twentyihiilingr. un der the forfeiture of twenty {hillings fterling for every fuch offence, on being con- 
victed thereof before any juftice of the peace of the diftrict or place where fuch of- 
fender fhall dwell, upon confeffion of fuch offender, or proof by one or more credi- 
ble witnefs or witneffes upon oath, one. half thereof to be paid to the informer, and 
the other half to the poor of the faid diftrict, the. fame to be levied by diftrefs and 
fale of the offender's goods, by warrant of the juftice before whom fuch offender 
fhall be convicted, returning to the owner the overplus, if any, after all charges 
deducted. 
saPrevifd. VI. Provided always, and he it further enabled, That in all trials to be had before 

In trials of da- one or more juftices of the peace by virtue of this act, the right of the party to 
mages right to the lands on which the trefpafs or damage fhall be faid to be done fhall not be 

. the lands not to x a . 

be queftioned. brought in queftion, but the fame fhallbe taken for granted to all intents and pur- 

pofes whatsoever. 
Acl of 1755 re- VII. And he it further enabled, That the act for regulating fences in the province 
pealed. f Georgia, paffed the feventh March, one thoufand feven hundred and fifty-five, 

in the firfl feffion of the firft general affembly of the faid province,, fhall be and is 
thereby repealed, revoke^, difannulled, and forever made void. 

DAVID MONTA1GUT, Speaker, 
PATRICK HOUSTOUN, PrefdenU 
Henry Ellis. 

March 27, 1759. An 

1 
* Not exceeding £30 the jurifdiction of juftices of the peace being limited to that fum— See judiciary act 
- ef 1797, No. 583. Damages above that Aim can now be afcertained only by a jury. 



LAWS OF GEORGIA. ^ 

An A3 for appointing commi/Jioners to repair andfecure the foundation of the light houfe A. D, 1759. 

on Tybee if and. No - 48. 

March 27. 

Obfolete, 

An Aft to explain and amend an aft, entitled " An ail for better regulating the market No 49. 

in the town of Savannah. 
March 27. 
Obfolete. 



An Alt to prevent mafers of vejftls from carrying off perfons in debt from this province. n . 50, 
March 27. 

Rendered obfolete by the operation of the general government. — See fed. con. 



An Ac~l to continue feveral acls of the general affembly of this No. 51, 

province,* 

WHEREAS feveral ufeful and neceffary laws of this province are near expiring, A& for ra ;fi n _ 

Be it enacled, That an atl of the laft general affembly, entitled, an act for a fund by an 

raifing a fund by an import on fhipping to defray the expenfe of keeping the light pinVLmffed' 1 '" 

houfe on Tybee Ifland in repair, and for building an houfe there for the pilot, paffed 7th March, 
the feventh of March one thoufand feven hundred and fifty-five, which was to be in 
force for three years from the faid feventh of March one thoufand feven hundred and 
fifty-five, and from thence to the end of the next feffion of the general affembly, fhall 

be, and the fame is hereby continued from the expiration thereof until the feventh Continued until 

day of March one thoufand feven hundred and fixty-four, and from thence to the 1 th March, 
end of the then next feffion of the general affembly, and no longer. 

II. And be it further enacled by the authority afore/aid, That another at~i of the laft Aclfor the bet- 
general affembly, entitled an act for the better ordering and governing of negroes and L e r v °rn!ne S ne- 
other flaves in this province paffed the feventh- day of March one thoufand feven hun- groes and other 
dred and fifty-five, which was to be in force for three years from the faid feventh of March \ 755; 
March one thoufand feven hundred and fifty-five, and from thence to the end of the 

next feffion of the general affembly (hall, and the fame is hereby continued from the Continued until 
expiration thereof until the feventh day of March one thoufand feven hundred and £ L 6 
fixty-four, and from thence to the end of the then next feffion of the general affembly, 
and no longer. 

III. And be it enabled by the authority aforefaid, That an atl of the laft general 
affembly, entitled, an act to empower the feveral furveyors hereafter named to lay 

* out 

* The feveral a&shereia referred to haye fince expired or been repealed. 



62 DIGEST OF THE 

A. D. 1759. out public roads in the province of Georgia, paffed the feventh of March one thou- 
No. 51. fand feven hundred and fifty-five; and alfo an aft of this prefent general afiembly en- 

Act to ere now- . . . J 

crthefeveral titled, an aft for explaining and amending an a£t to empower the feveral furvey- 
iyrveyors to lay ors hereafter named to lay out public roads in the province of Georgia paffed the 

out public roads ... •' or 

paffed 7th eighth of February one thoufand feven hundred and fifty-feven, which faid acts were 

^^forexdai'n- to ^ e * n f° rce f° r two y ea rs from the faid eighth of February one thoufand feven 

ingatid amend- hundred and fifty-feven, and from thence to the end of the next feflion of the gene- 

"fred^th Feb. ra * afiembly, fhall be, and the fame are hereby continued from the expirition thereof, 

»757.; until the feventh of March one thoufand feven hundred and fixty-four, and from 

7th March thence to the end of the then next feflion of the general afiembly, and no longer* 

I 7^4- ■_ IV". And be it further enatled by the authority aforefaid, That an atl of this prefent 

male white per- general afiembly, entitled, an act to oblige the male white perfons of the province of 

fons to carry fire Georgia to carry fire arms to all places of public worfhip, paffed the twenty-third of 

arms to places 01 ° ' r r . . . 

public worfhip, July one thoufand feven hundred and fifty-feven, which faid act was to be in force 
paffed 33a ju.y £ or two vears f rorn the faid twenty-third of July one thoufand feven hundred and fif- 
ty-feven, (hall be, and the fame is hereby continued from the expiration thereof until 
-th^March 1 t ^ ie ^ eventn day ° l March one thoufand feven hundred and fixty-four, and from thence 
1764. to the end of the then next feflion of the general afiembly, and no longer. 

DAVID MONTAIGUT, Speaker. 
PATRICK HOUSTOUN, Prefdent.. 
Henry Ellis. 
March 27, 1759. 



No. j2. An Act to prevent feeding of horfes and neat cattle, and for the more ejfeBual difcovery and : 

punipment of fuch perfons as f jail: unlawfully brand, mark, or hill thefams, 
March 27, 1759. 
Expired — See acl of 1773, No. 220, 



No. 53.V 



An Acl for regulating the watch in the town of Savannah* 

March 27. 

Ohfolete. 



No 54. An Aft for eftablifoing the method of appointing confables, afcertaining the qualifications of 

perfons to ferve in that office, and to point out the duties attending the fame. 

March 27. 
QlfoleU — See aB of 1797, No. 582, .SecJ. 63. 



No. 55. An Ac! for the better regulating taverns, punch houfes, and retailers of fpiritous liquors* 

March 27. 

Repealed by aft of 179 1, No. 45.9. J:k 



LAWS OF GEORGIA. 



*3 



An Ac! for holding fpecial or extraordinary courts of common pleas for the trial of eaufes A. D. 1760. 
arifing between merxhants t f rangers t and mariners. No. j6. 

March 4, 1760. 

This a£i gave place to ail of 1 763, No. 1 05, 




An Aft to enable feme coverts to convey their efiates, and for confirm- 
ing and making valid all conveyances and acknowledgments hereto- 
fore made by feme coverts, 

"HEREAS the ufual method of -conveying lands and tenements in England 
by feme coverts is by fine or recovery, which methods have not been prac- 
tifed in any of his majefty's American colonies ; 

And -whereas) inftead thereof it has been cuftomary in the conveyances of lands 
by hufband and wife, for the wife to acknowledge her confent before a judge or juftice, 
being fir ft privately examined by the faid judge or juftice whether fhe acknowledged 
the fame voluntarily and freely 4 Be it therefore enabled^ That all alienations and con- 
veyances whatfoever, which have at any time heretofore in this province been made, 
either by hufband and wife, having jointly figned a deed of conveyance before wit- 
nefles, or by the acknowledgment of the wife of her confent to fuch a fale of lands 
and tenements, before any of the then juftices or magistrates, fhall in fuch cafes be 
valid in law, and good and effectual againft the hufband and wife, their heirs and af- 
figns, and againft all other perfon or perfons whatfoever claiming under the faid 
hufband and wife, or either of them, to all intents and purpofes, as if the fame had 
been done by fine or recovery, or by any other way or means in the law. 

II. And whereas it is neceffary to fecure the property of future purchafers of lands 
and tenements, as well as to prevent hufbands difpofing without the confent of the 
wife, what of right did or would belong to them ; And tuhereas alfo the method 
practifed in England in thefe cafes would prove exceedingly troublefome and very 
expenfive to the inhabitants of this province, Be it there/ore enacled, that from and 
after the pafiing of this act, all Conveyances of lands and tenements fhall be made 
by deed of bargain and fale, or by deeds of leafe and releafe, or by deed of feoff- 
ment, enrolled or regiftered in the fecretary's office of th ; s province, figned and 
fealed by the party conveying before two or more witneffes, who fhall likewife fign 
their names to the faid deed ; and where a feme covert has or may have any right 
in part or the whole of the lands and tenements to be conveyed, and the faid feme 
covert doth willingly confent to part with her right, by becoming a party with her 
hufband in the fale of fuch lands and tenements, in fuch cafes as thefe, the faid 
feme covert fhall become a party with her hufband in the faid deed of conveyance, 
and fign and feal the fame before the chief juftice or afhftant judges, or one of his 

majefty's 



No. j 7. 



Preamble. 



Enabled. 
Conveyances 
&c. of lan<is 
heretofore 
made by huf- 
band and wife 
or acknowledg- 
ed by the wife 
declared valid, 



How to be 

hereafter made, 
and rcgiftered. 



Feme covert 
how tojoin with 
her hufband. 



See ad of 1768, No. 188, fr£t. ift._ 



64 



DIGEST OF THE 



A. D. 1760. 

Ng>. 57. 



Rdinquifhment 
of dower. 



Juftice's fee. 



Conveyances, 
&c. fo made, 
declared good 
and valid in 
law. 



majefty's juftices of the peace for the parifh where fuch contracts fhall be made, de- 
claring before the faid judge or juftice, that fhe has joined with her hufband in the 
alienation of the faid lands and tenements of her own free will and confent, without 
any compulsion or force ufed by her faid hufband to oblige her fo to do ; which de- 
claration (hall be made in the following words, or in words to the like effect, viz. — 
" I A. B. the wife of C. D. do declare, that I have freely, and without any compul- 
sion, figned, fealed, and delivered the above inftrument of writing paiTed between 
D. E. and C. D. and I do hereby renounce all title or claim of dower that I might 
claim or be entitled to after the death of C. D. my faid hufband, to or out of the 
lands or tenements therein conveyed. In witnefs whereof, I have hereunto fet my 
hand and feal ; and the faid judge or juftice fhall, and is hereby required to endorfe 
upon the deed the acknowledgment of the faid feme covert, made before him, and to 
fjgn the fame, and fhall receive two {hillings and fix-pence fterling fee, for his endors- 
ing and figning the fame, and no more. 

Ill And be it further enacled, That all conveyances of lands and tenements, made 
and executed, and enrolled or regiftered, according to the intent and meaning of this 
act, fhall and are hereby declared valid in law, and good and effectual againft the 
party conveying, or hufband and wife, and their and every of their heirs and affigns, 
and againft all other perfons claiming by, from, or under them, or any of them, to all 
intents and purpofes, as if the fame had been done by fine or recovery, or by any other 
way and means, any laws, cuftoms, or ufages, to the contrary notwithstanding. 

JAMES HABERSHAM- 
DAVID MONTAIGUT, Speaker. 
Henry Ellis. 
April 24, 1760. 



No. j8. 



An Atl for the more eafy andfpeedy recovery of final/ debts and damages, 
April 24, 1760. 

Repealed by a& of 1789, No. 421. 



No. 59. An Atl for afcertaining the qualifications of juror -s, and for eftabliflnng the method of 

balloting and fummoning of jurors in the province of Georgia. 

April 24. 

Obfolete. 



No. Co. ,An At! for raifing and granting to his majejly the fum of £1,000 flerling for putting 

the town of Savannah) and the cut forts in the Jeveral parfhes of this province in a 
better fate of defence. 
April 24. 

Temporary. An 



LAWS OF GEORGIA. <% 

An Ad for repairing and rebuilding the forts heretofore ereFted in the fever al petrifies of A. D. 1760. 
this province, and for the better fecurlng the town of Savannah by ereBlng a fort around °- »• 
the magazine, and the Mock houfes within the lines of the /aid town. 

April 24. 
Temporary, 

An ABto oblige pips and other veffels coming from places InfeBed with epidemical dlflem. No. 6s. 

pers to perform quarantine. 
April 24. 

Repealed by a3 of 1793, No. 485. 



An AcJfor raifing and granting to his majefy the fum of £ 1 1 1 8 3 8 ferling, that Is No. 63. 
to fay, the fum of £66$ 38/5 defray the expences of holding the courts of oyer and 
terminer, and fome other expences of government; and the fum of £4S°J erIin Sf or 
fubf fling two hundred of the militia for the defence of this province. 

April 24, 1760. 

Obfolete. _ 



An Acl for empowering trujlees to pur chafe a *houfe In the town of Savannah for the No. 64. 
ufe of the prefent, and future governors of this province. 

April 24. 

* The fame purchafed accordingly, and fince fold by commifiioners of Louisville, under ordinance of 
1786, No. 312. 

An AB for the more effeblual putting In force the militia act of this province. No. 65. 

April 24. 
Obfoiete. 

An Acl for the better regulating the tonvn of Savannah, \and for no. 66. 
ascertaining the common thereunto belonging. 

I 111 ESPECTS the regulation of the town. 

X\, II. And be It further enabled by the -authority aforefald, That the common Town .common 
appertaining to the faid town, extending foutherly from the extremity of the bluff on 
the river Savannah to the north line of the garden lots, and wefterly from the weft 
line of the garden lots, lying eaft of the faid town to the eaft line of the lots lately 
laid out between Mufgrove's creek and the faid town, including all the fquares, 

I » ftreets, 

t See ad of 1761, No. 78 . 

\ Repealed by aft 1737, No. 367— Sec corporation a<ft of 1789, No. 430. 



66 DIGEST OF THE 

A. D. 1760. ftreets, lanes, and paflages, defcribed in the plan of the faid town in the furveyoi"- 
No. 66. * general's office, and which have been heretofore accuftomed or made ufe of by the 
inhabitants of the faid town, j (hall be and continue the common property of the lot- 
holders in the faid town, and fhall not be aliened or granted away for any purpofe 
whatfoever, than by act of the general aflembly. / 
III. IV. *Refpec1 the regulation of the town. 
Commiffioners. V. And be it further enabled by the authority afore/aid, That Jofeph Ottolenghe, 
James Deveaux, William Ewen, and "William Rulfell, Efquires, mall, and they arc 
hereby nominated and appointed commiffioners to put this act in execution.f 
The rejl relates only to the mode of Jilling vacancies. 

DAVID MONTAIGUT, Speaker. 
JAMES HABERSHAM. 
Henry Ellis. 
May 1, 1760. 

* Repealed by act 1787, No. 367— See corporation adl of 1 787, No. 304, 
■\ See acl: of 1761, No. 78. 



No. 67. An Aft to amend an aft, entitled, a An a ft to prevent wafers of veffels' from carrying 

off ' perfons in debt in this pnvince." 
May I. 
Obfolete. 

No. 68. -An Aft to amend and continue an act, entitled, " An aft for efablifring and regulating 

of patrols." 

May 1. 

This acl gave place to acl of 1765, No. 137. 



No. 6c;. An Aft for famping, imprinting, ifjuing, and making current the J r um of £.>]<\\oJler- 

ling in paper bills of credit, and for applying and finking the fame. 

May I, 1760. 

Obfolete. ■ ' 

No. 70 . An Aft to prevent frauds in the making of lumber. 

May I. 

Repealed by ail of 1790, No. .445. 



No. 71. An Aft to amend an aft, entitled, " An aft for repairing and rebuilding the forts hereto- 

fore erefted in the feveral pdrijbes of this province, and for the better fecuring the 

town of Savannah by erefting a fort round the magazine and block houfes within the 

lines of the faid town." 

June 4. 

Obfolete, "*? 



LAWS OF GEORGIA. 67 

An Acl for eflablifhing a ferry over Great Ogechee river at a place called Pine Bluff, A. D. 1761. 
and for vefling the fame in John Dcveaux the elder t his executors and admintjlratorsy No - 7*> 
for the f pace of fix years, 

June 9, 1 761. 

See a8 of 1 768, No. 1 74. 



An Acl for afcertaining the manner and form of 'electing members to reprefent the inhabi- No. 73. 
tants of this province in the commons houfe of affembly. 

June 9. 

Glfolete. 



* An Acl for fubje cling and making liable to attachment the ejlate real Not 74 ; 
and perjonal of abfent debtor s, in the cuflody or power of any perfon 
or perfons 'within this province, 

WHEREAS many inconveniences happen by perfons greatly indebted, abfent- Preamble 
ing or wilfully withdrawing themfelves out of the limits and jurifdiction of 
this province j and although fuch debtors may have lands, tenements, monies, 
goods, debts, and other effects belonging to, or due to them in this pro- 
vince, yet, for want of fit means to fubject the fame to the payment of the juft 
debts of fuch debtors, many perfons have been, and are daily defrauded of their 
juft dues and demands, to their great injury, and to the frequent hinderance and 
leffening of commercial credit : For remedy whereof, Be it enabled, That from and Enacted, 
after the paffing of this act, any perfon or perfons whatfoever, whether an inhabi- 
tant of this province, or elfewhere, having occafion to commence any fuit or action 
in the general court of pleas of this province, againft any perfon or perfons whatfoe- 
ver. refiding or being without the limits and iurifdiction of the faid province, for any Abfent debtors 

1 i r r r t.i t 1. j . • • 1 bow to corn- 

debt, iumor iums 01 money to him, her or them due and owing, upon any judg- me nce fuit a- 

ment, bond, bill, note of hand, or book debt whatfoever, and being above the fum p»nft_ them a- 

of eight pounds, lawful money of Great Britain, then, and in fuch cafe, and not 

otherwife, fuch perfon or perfons fhall, and may, by his, her, or their attorney, 

petition the chief juftice of this province, or, in his abfence, one of the juftices of 

the faid general court, fetting forth the nature of his, her or their demands, and that 

the debtor is abfent from, and without the limits and jurifdiction of the faid province, 

and which being verified by affidavit thereunto annexed, to the effect following, viz. 

That A. B. of the purifh of , is indebted to him in the fum of ■-, which Form of affida- 

fum fhall appear by a fair and diftinct account, wherein the balance fhall be ftated, Vlt - 

and 

* This acl isconfidered in force only in the federal courts of the diftrict of Georgia, being fo at the time of 
pading the judiciary act of the United States, Septembtr 24th. 1789, but fince re -enacted with amendments 
by Stale judiciary acl of December, 1789, No. 421, and acl of 1797, No. 582, 



63 DIGEST OF THE 

A. D. j 761. and that the laid A. B. is abfconded and gone from this province, or that the faid A. 
No, 74. B. has been three months out of this province ; which faid account and affidavit' fhall 

be annexed to the faid petition, it fhall and maybe lawful to and for the faid chief 
juftice, or either of die juftices of the faid court, and they are hereby required to 
Attachment a- grant to fuch petitioner or petitioners, his majefty's writ of. attachment, directed to 
abfent C debtor, the P rovoft nurfhal of this province, commanding him to attach, without delay, the 
how granted, lands, tenements, goods and chattels, monies, debts, and books of account, being 
the property of, and belonging to the abfent debtor, in the pofleffion, cuftody or 
power of any perfon or peribns whatfoever-, and the attaching any part thereof in- 
the name of the whole, that is in the pofleffion, cuftody or power -of fuch perfon or 
perfons, fhall make the whole fubject and liable to anfwer any judgment that fhall 
or may be recovered by virtue of fuch writ of attachment, and the provoft marfhal 
Perfons indelt- fhall fummon the perfon or perfons in whofe pofleffion, cuftody or power fuch lands, 
ingefiedtTofab- tenements, goods, chattels, monies, debts, or books of account, fhall be, by deli- 
fent debtor to vering to him, her or them- a true copy of the faid attachment, with a notice there* 
' and Jhew caufe' on indorfed, requiring him, her or them to appear at the return thereof, and fhew caufe 
&c - why the faid lands, tenements, goods, chattels, monies, debts, or books of account 

thereby attached, fnould not be adjudged the property of, and belonging to fuch 
No peribn be- abfent debtor ; but if no perfon fhall be prefent at the time of the attaching fuch 
tafhmert^how ^ anc ^ s > tenements, goods, chattels, monies, debts, or books of account, as afore- 
publifhed. faid, then, and in fuch cafe, the provoft marfhal fhall affix on the door of the court- 

houfe in Savannah, and in two or more public places in the diftricl: or parifh where 
fuch lands, tenements, or other things, as aforefaid, fhall be attached, a copy of 
the faid writ, with an account of the lands, tenements, or other things attached, 
and fhall give notice thereof alfo in the gazette, and in cafe there fhall be no gazette, 
' fhall publifh the fame at the watch houfe, vendue houfe, or exchange in Savannah, 

for any perfon or perfons claiming the fame to appear and fhew caufe as aforefaid , 
Perfons fum- and the perfon or perfons lb fummoned as aforefaid, fhall, and is, and are hereby 
ver"on t0 oith°" required to appear accordingly at the return of fuch writ, or on or before the ad- 
what eftate and journment day of the enfuing court, and to difcover, upon oath, what lands, te- 
fem debto/are nements, goods, chattels, monies, debts, or books of account, he, fhe, or they, 
in their hands, have in his, her or their pofleffion, cuftody or power, to which the faid abfent debtor 
Penalty on re- hath any right, title, intereft, property, claim, or demand whatfoever : And if 
u ™ s ' fuch perfon or perfons, after being duly ferved with the faid attachment and notice 

as aforefaid, and the proof thereof made on oath to the court, (hall not appear at 
the return of the writ, or on or before the adjournment day of the court next enfu- 
ing the return thereof, or if, on appearing, fhall refufe to difcover, upon oath, what 
lands, tenements, goods, chattels, monies, debts, or books of account, he, fhe, 
or they, have in his, her or their pofleffion, cuftody or power, belonging to fuch 
abfent debtor, that then, and in fuch cafe, the perfon or perfons fo fummoned fhall 
Judgment by he condemned for default of appearing, or difcovering, upon oath, as the cafe fhall 
default fhall be happen, and judgment fhall be given againft his, her, or their proper goods and 
chattels, the plaintiff's debt or damage being firft legally proved, in like manner as in 

other 



LAWS OF GEORGIA. 



69 



other cafes where judgment 13 given by default; but if any perfon appearing and 
declaring any lands, tenements, goods, chattels, effects, or monies to be in his, her -or 
their pofleffion, power or cuftody, and fliall refufe or neglect to pay, or deliver the 
fame to the order of the court, that then judgment fhall be given againft him, her or 
them fo refuting or neglecting, and execution fhall accordingly be awarded againft 
his, her or their own proper lands, tenements, goods, chattels and effects ; and if any 
lands, tenements, goods or chattels fhall be actually feized and taken into the poffef- 
ilon or cuftody of the provoft marfhal by virtue of fuch writ of attachment ; and the 
perfon or perfons fo fummoned as aforefaid fhall not appear at the return of fuch 
writ, or on or before the adjournment day of the enfuing court as aforefaid, then 
upon his, her or their default, and no perfon then appearing and claiming the pre- 
mifes feized as aforefaid, the fame fhall be adjudged and taken to be the property 
of the abfent debtor ; but if the perfon or perfons fummoned fhall appear at the 
return of the faid writ, or within the time limited as aforefaid, and lay claim 
to fuch lands or other things fo feized and attached, and upon oath, deny the fame 
to belong to the abfent debtor; or that he, fhe or they hath, or have, or at the time 
of the ferving of the faid writ of attachment had any lands, tenements, goods, 
chattels, monies or effects in his, her or their poffeffion, cuftody, or power, or in truft 
for or belonging to the abfent debtor, and the plaintiff fhall reft fatisfied there- 
with, then the attachment fliall be difcharged, the plaintiff or plaintiffs paying 
all cofts, charges, and damages attending the faid attachment; and if the plaintiff or 
plaintiffs, fliall not be fatisfied, then he, (lie or they fhall be put to plead the fame, 
and the matter fhall be tried forthwith by a jury, or at fuch other court or time as 
fhall be appointed by the court, and the party againft whom judgment fhall be given, 
fliall pay to the party prevailing fuch reafonable cofts and charges as fliall be allowed 
by the court ; Provided always, That the adjournment day of each general court of 
pleas fliall not be more than twenty nor lefs than ten days after each general court. 
II. And be it further .enacled> That the plaintiff or plaintiffs in every writ of at- 
tachment fhall file his, her, or their declaration thereon at the adjournment day of 
the court immediately enfuing the return thereof, unlefs a reafonable caufe can he 
fliewn to the court for a longer time, and fliall ferve the wife or attorney of the 
abfent debtor (if in the faid province) with a copy of the declaration, and of a rule 
for pleading thereto, within fuch time as the faid court fhall appoint, not exceeding 
one year and a day ; and in cafe fuch abfent debtor fhall have no wife or attorney 
in the province, a copy. of the rule to plead fhall be publifhed then, and at the end 
of every three months, during the faid year and a day, in the gazette, or for want 
of fuch fhall be affixed on the faid watch houfe, vendue houfe, or exchange ; and if 
fuch abfent debtor or debtors fhall not appear, and make his, her or their defence 
within the year and a day from the time of affiling the plaintiff's declaration as 
aforefaid, then final and abfolute judgment fliall be forthwith given for the plaintiff in 
fuch attachment, his, her or their debt being firft legally proved as. aforefaid, Provid- 
ed always, That in all cafes where the writ of enquiry of damages fhall be neceffary, 
it fliall be, lawful for the plaintiff to fign his interlocutory judgment at the return day 

of 



A. D. 1761, 

No. 74. 



Lands, Sec. feiz- 
ed, and perfons 
fummoned not 
appearing fhall 
be adjudged the 
property of the 
ablent debtor. 



Perfons appear- 
ing and putting 
in their claim 
how to a&, 



Provifo. 



Declaration 
vyhen filed, a 
ropythereofand 
rule to plead, 
on whom and 
how ferved. 



Abfent debtors 
not appearing, 
final judgment, 
after a year and 
day. 
Provifo, 



7d DIGEST OF THE 

A. D. 1761. of the court next preceding the determination of the faid year and a day, and to 
No - 74- execute his writ of enquiry accordingly, but not to fign final judgment 'till after the 
expiration of the faid year and a day as aforefaid. 

EffWts attached III# ^ nd he '* f ltrther ena8ed y That where any monies, goods, chattels, debts, 
to be delivered or books of account fhall be attached as aforefaid, the fame (hall, on the plaintiff's 
on giving E bond declaration being affiled as aforefaid, be immediately delivered into the hands and 
with fufficieni cuilody of the plaintiff, an inventory thereof being firft taken, and the fame appraif- 
cffie Sic? l ed by two or more perfons to be appointed by the court for this purpofe, and prior 
to the delivery, fuch plaintiff or plaintiffs fhall enter into a recognizance with fuffi- 
cient fureties in double the value of the goods and effects attached, to profecute his, 
her or their fuit with effect, and that the monies and the appraifed value of the 
goods, with the debts and books of account attached and feized fhall be forthcoming 
in cafe fuch abfent debtor fhall appear within a year and a day, and difcharge him or 
herfelf of the plaintiff's demands ; and that if the abfent debtor fhall not appear as 
aforefaid, then that he, fhe, 'or they fhall and will render and deliver into the hands 
and cuftody of the prothonotary or clerk of the faid court, the refidue of all fuch 
monies, goods, chattels, and debts, with the books of account feized and attached 
after payment and fatisfaction of the debt and damages by him, her, or them reco- 
vered by judgment of the faid court; which faid monies, goods, chattels, and pre- 
mifes fhall be and remain as the eflate and effects of the abfent debtor, fubject to 
the order of the faid court. 
How fold after ^* <dnd be it further enaBecl, That when any lands or tenements fhall be feized 
judgment. and attached by virtue of this act, the fame fhall and may (after judgment is obtained 

as aforefaid} be put up to fale at public outcry, firft giving thirty days notice by adver- 
tifement at the watch houfe or exchange in the town of Savannah, and alfo in two 
or more public places of the parifh or diftrict where the faid lands and tenements are ; 
and the provoft marfhal is hereby empowered to convey and affign all fuch lands and 
tenements to the perfon or perfons that fhall become purchafer or purchafers thereof, 
and every fuch conveyance fhall be good and valid againft fuch abfent debtor, his heirs, 
executors, adminiftrators and affigns as to all his right and title therein, faving never- 
Sales not to af- thelefs the right of all and every other perfon and perfons whatfoever lawfully claiming 
■fc <ft perfons law- fa^ i anc [ s and tenements, or any part thereof, who fhall and may have the like remedies 
for the recovery of his, her, or their refpective right and title therein, as if this act 
--had not been made. 

V. Provided a hoays ner>erthelefs, and to prevent any clandeftine conveyance being 

made by perfons in prejudice of their creditors, who fhall afterwards abfent them- 

Conveyancesby felves and leave this provice, Be it enaBed, That all and every conveyance and con- 

perfons leaving veyances of any lands, tenements or hereditaments that fhall or may hereafter be 

debt without' made by any perfon or perfons whatfoever who fhall abfent him, her or themfelves 

notice, declared f rom a nd quit this province without giving the notice required in this act, and which 

fhall not be regiftered in the fecretary's office, at lead one month before fuch abfent 

debtor fhall withdraw himfelf, fhall be void, ' Provided alfo, That in cafe any writ 

or claim of dower fhall be brought and profecuted for any lands or tenements which 

fhall 



LAWS OF GEORGIA. 



7* 



fhall of may hereafter be feized and fold by virtue of this a£t, and judgment of dower A. D. 1761, 
fhall be obtained thereon, the property in fuch lands, tenements, or hereditaments, No - 74* 
fhall neverthelefs remain whole and undivided in the purchafer or poffeffor thereof, ?-'£ nt , of dower 

r l * in ianas lolaun- 

he or they paying unco the plaintiff or claimant in fuch fuit of dower, a fum equal to der attachment 
one-third part of the fum of money for which fuch lands, tenements, and hetedita- '8W^ ttled ; 
ments fhall have been fold by the provoft marfhal as aforefaid, and no more ; and 
fuch fum being fo paid fhall forever acquit and difcharge fuch lands, tenements and 
hereditaments from all right, title, claim and demand of dower whatfoever. 

VI. Provided always, and be it enacted, That no lands, tenements, or real efface of Real eftate 
fuch abfent debtor fo attached, fliall be fold, unlefs where there fhall be no goods or un leTs the ner- 
chattels or other perfonal effects of fuch abfent debtor, or not fufikient to fatisfy the ' r " nal tfft ^s f £ 

i'iiri-1 n abfent debtor 

debt and damages for which judgment fhall be recovered as aforeiaid. infuEcient. 

VII. And be it further enabled, That after fale made of any lands or tenements by Monies arififig 
virtue of this act, the provoft marfhal fhall immediately pay into court the money j™'^ f i^ ™ b _ 
arifing by fuch fale, fubjec~t to the order of court, and .the court, after payment and jecT to order of 
fatisfaction of the debt and damages recovered, with the cofts and charges attending ~ our " 

the fame, fhall order the refidue of fuch money fpeedily to be paid to fuch abfent 
debtor, to his heirs, executors, adminiflrators or affigns. . 

VIII. And be it further enabled, That the plaintiff or plaintiffs in fuch attachment, to Plaintiff in at- 
whom any bonds, notes, or books of account, fliall be delivered as aforefaid, fliall have p 0V ,)™ed toTiie 
full power and authority to fue for, recover and receive the monies due thereon, in on bonds, &c. 
the name of the abfent debtor, and on payment thereof, or of any part, to give receipts him. 

for the fame as due to the abfent debtor, and every fuch receipt fhall be a full and ab- 
folute difcharge to the perfon or perfons making fuch payment, againft fuch abfent 
debtor, for the fum or fums mentioned in fuch receipt, as fully and abfolutely, to all 
intents and purpofes, as if done and given by fuch abfent debtor himfelf. 

IX. And be it further enacted. That in cafe, the abfent debtor, whofe eflate and ef- if eftateand ef- 
fects fhall be fo attached in the hands of any perfon or perfons, is, and fhall be really e a in the hands 
indebted to fuch perfon or perfons in whofe hands fuch eftate and effects fhall be at- of a creditor, 
tached, then fuch perfon or perfons, if his, her or their poffefficn thereof was obtain- ^ebts fhall be 
ed legally and without fraud (and not otherwife) fhall be firft allowed his, her or their flrft P uld * 
own debt, he, fhe or they forthwith affiJinghis, her or their declaration, and in every 

other refpect proceeding as if he, fhe. or they were plaintiff or plaintiffs in the attach- 
ment. ' 

X. And be it further enabled, That in cafe any flaves, horfes or cattle fliall beat- Slaves, &c, or 

ij -nil- c r ' 1 1 r ■ 1 v • periihable goods 

tached, or any peruhahle goods, as aforefaid, the faid court may, on application may be fold by 
thereto made, grant an order for the fale of fuch fjaves, horfes, cattle, or periihable order of court, 
goods, as aforefaid,. the. provoft .marfhal, by whom the fame fhall be fold, firft giving 
twenty-one days notice of fuch fale, by advertifement at the watch houfe or vendue 
houfe in Savannah, and at fome frequented place in the' parifh where fuch attachment 
has been made, and the money arifing from fuch fale fhall be immediately paid into the 
.court, or to the plaintiff or plaintiffs, he, fhe or they giving fufficient fecurity to return 
the fame, in cafe he, fhe or they fhall.not obtain judgment againft the abfent debtor. 

XT. 



72 



DIGEST OF THE 



A- D. 1761. 

No. 74 

Attachment 
may be dis- 
charged by ap- 
pearance of ai'y 
perfon for il;e 
debtor and put- 
ting in bail. 



Debtor appear- 
ing within two 
years and dif- 
provingdebt re- 
covered againft 
him how reme- 
died. 

What notice 
fufRcient to a- 
void attach- 
ment. 



Death of abfent 
debtor ftiall not 
abate attach- 
jnenc. 



XL Provided ahvays y and be it enaFred, That if at any time within the year and a 
day, to be allowed as aforefaid for the abfent debtor's appearing and pleading to the 
plaintiff's action, any perfon appearing for fuch abfent debtor, fnall give bail to an- 
fwer the aftion, and pay the condemnation, that then, and in that cafe, the attach- 
ment (hall be diffolved, and the lands, tenements, goods, chattels, debts and books of 
account fo attached and feized, fhall be forthwith difcharged, paid and delivered to 
the perfon or perfons appearing and giving bail as aforefaid, and fuch perfon and his 
fecuricy fhall be obliged and liable to fatisfy and pay all fuch fum and fums of money 
as the plaintiff or plaintiff's in the attachment fhall recover thereon againft the abfent 
debtor, together with all coft and charges, as fhall be taxed by the court. 

XII. And be it further enacled, That in cafe any abfent perfon, againft whom an 
an attachment . fhall be iffued by virtue of this aft, fhall appear within two years, 
and difprove the debt which fhall have been recovered againft him, he fhall recover 
againft the plaintiff in the attatchment the full damages for his unjuft vexation, with 
treble cofts of fuit. 

XIII. Provided ahvays, and be it further enabled, That where any perfon being 
about to depart this province, fhall, thirty days before his departure, give notice by 
entering his name in the fecretary's office, and by advertifement in the gazette, or in 
cafe of no gazette, at fome noted place in the parifh where fuch perfon mail refide, 
and the watch houfe or vendue houfe in Savannah of his intended departure, and that 
he is ready to anfwer any fuit that fhall be brought againft him, and in the mean 
time fhall be always ready to give bail to any writ or fummons that fhall be iffued 
againft him ; and in every. fuch cafe the perfon or perfons neglefting or refuting to 
commence his, her or their fuit, whilft the party to defend fhall be prefent, and of- 
fering to anfwer the fame as aforefaid, fhall not have any benefit by this aft, nor 
fhall attach the abfent party's eftate or effefts for any matter or caufe of aftion what- 
foever, arifing from fuch notice given as aforefaid. 

XIV. Provided ahvays^ and it is hereby enabled, That in cafe fuch abfent debtor 
fhall happen to die at any time after fuing out of fuch writ of attachment, and before 
final judgment fhall be had and given therein, as aforefaid, fuch writ fhall not 
abate, or proceedings thereon be ftaid, unlefs the heir, executor or adminiftrator 
of fuch abfent debtor fhall affile bail to anfwer the plaintff's aftion, and pay the coft 
of fuch attachment ; and that all and every judgment fo to be had and given as afore- 
faid, upon any attachment fued out and ferved in the life time of any abfent debtor 
who fhall happen to die before fuch judgment given, fhall be good and valid, to all 
intents and purpofes, as if fuch abfent debtor was then living. 

The reji requiring promojl marfhal to give bond and fecurity,. — Obfolete, 

GREY ELLIOTT, Speaker. 
JAMES HABERSHAM, Prefdent. 
James Wright. - -~ • ■ 

June 9, 1 761. 



An 



LAWS OF GEORGIA. 73 

An AB for raifing and granting to his majejly the f urn of £1160 15, and applying the A. D. 1761. 
fum of £119 7 4~2", being the furplus of the lafl year's tax remaining in the hands of N<i > 1$' 
the treafurer ; and the further fum of £9% 9 2t, being arrears due from the feveral 
collectors to be paid unto the J aid treafurer , amounting together to the fum of £ 1 3 7 3 I I 7 
ferling, to defray the charges of holding the courts of oyer and terminer ', and fome other 
expences of government* 
June 9. 
Obfolete. 



An Atl for raifing and granting to his majefl'y the fum of £\%o to repair the light houfe No. *6. 
of Tybee ifand y and for laying a duty on negroes that have been above fx months in 
any of the iflands or colonies in America^ and imported for f ale into this province, 

June 9. 

Obfolete.. 



An Atl to continue feveral acts for regulating the militia in the province of Georgia. No. 7;, 

June 9. 

Obfolete. 



An Ac~i for amending an acJ, entitled " An atl: for the better regit- No, ?s. 
lating the tonvn of Savannah, and for afcertaining the common 
thereunto belonging" 

WHEREAS, by an aft of affembly, paffed the firft day of May, in the year of Preamble; 
our Lord one thoufand feven hundred and fixty, entitled " An aft for the 
better regulating the town of Savannah, and for afcertaining the common threunto 
belonging," the lots heretofore allotted for the ufe of the public, and on feveral of 
which buildings have been erefted, were not afcertained, whereby the inhabitants of 
Savannah may be deprived of the benefits intended them by fuch allotments, and 
unneceffary difputes and fuits at lav/ may arife for want of fuch lots being afcertained, 
He it therefore enabled^ That the feveral lots herein after mentioned, and particularly Ena&ed; 
defcribed in the plan of the town of Savannah in the furveyor-general's office of this L ots j iere j n 
province, and to which reference may be had, fhall be and continue for the ufes mentioned ap- 
and purpofes to which by this aft they are respectively appropriated, and fhall not be certain ufes. 
aliened or granted away to or for any other ufe or purpofe whatever, unlefs by aft 
of the general affembly, that is to fay, the lot D, whereon the church now Hands, 
as alfo the lot E, whereon the parfonage houfe now (lands, fhall be and continue for 
the ufes and purpofes to which they are refpeftively appropriated and allotted, in and 

K, by 






?a DIGEST OF THE 



A. D. 1761. by an ac-t, entitled, "An ac~f. for conftituting and dividing the feveral diftriels and divi- 
No. 78. fions of this province into parifhes, and for eflablifhing religious worfhip therein accor- 

ding to the rites and ceremonies of the church of England, and alfo for empowering 
the church-wardens and veftrymen of the refpettive parifhes to affefs rates for the re- 
pair of churches, the relief of the poor, and other parochial charges ;" G, whereon a 
pr'Ton formerly Hood, {hall be and continue for the ufe and purpofe of a public goal 
or pvifon, and for the ufe of the keeper of the fame ;. the lot H, whereon the court- 
houfe now Hands, fhall be and continue for the ufe and purpofe of a court-houfe for 
this province ; the lot S, whereon the filature now ftands, (hall he and continue for 
the ufe of a public filature 5 the lot V, whereon the State houfe now ftands, (hall be 
and continue for the ufe and purpofe of a State houfe for this province ; as alfo the 
water lots at the end of every ftreet, alfo fixteen acres of land laid out for the ufe of 
the public joining the common of the faid town, and known by the name of the 
Spring, fhall be held, deemed, and reputed, as public lots and land, and referved 
for the ufe of the public only. 

II. Eflablifhes the plan of the town — Re-vifed, and re-enatled with alterations of the common 
ly acls of 1762, No. 89 — 1766, No. 149—1770, No. 198. 

III. * Regulating the town — Vefled in the corporation by ail of 1789, No. 430. 

GREY ELLIOTT, Speaker. 
JAMES HABERSHAM. 
James "Wright. 
June 9, 1-761. 

* Repealed by ai5l of 1787, No. 367. 



No. 79. An AB for raifing and granting to his majejly the fum of £440 Jlerling for erecllng a 

fort and battery on the ijland of Cock/pur in the river Savannah , and the fum of £100 
Jlerling for erecting a look-out and battery on Midway river, and for empowering com' 

miffioners to ijfue certificates for the f aid funis, and for finking the fame by a tax often 
Jhillings ferling on every £100 value ef deerfkins and beaver Jkins exported from, or 

taken or carried out of this province to any part of his majefys dominions , except to Great 

Britain only. 

December 19. 

Obfolete. 

No. §0. An Act for creeling a fort and battery on the if and of Cockfpur in the river Savannah, 

and a look-out and battery on Midway river. 

December 19. 

Obfolete. , . 

No. 8u An ordinance for appointing the honorable William Knox, Efquire, agent affijlant tofolicit 

the affairs of this province in Great Britain. 
February 19, 1762. 

Obfolete. Aft 



LAWS OF GEORGIA. 75 

An AB for regulating the pilotage of veffels into the feveral ports of A. D. 176a. 

this province.* No * 8:s - 

FORASMUCH as it is highly neceffary for the fafety of all fliips and veffels bound Preamble. 
inward to, and outward from the feveral ports of this province, that there 
fhould be a fufScient number of fkilful and able pilots conftituted and appointed for 
the bringing in and carrying out the fame ; for the more expeditious and effectual 
performing of which, Be it enacted, That the feveral perfons herein after named be Enabled 
commiffioners for regulating of pilots and pilotage herein after mentioned, viz. for 
the bar of 'Tybe'e and river of Savannah, and for the feveral bars and inlets lying to 
the northward of St. Catharine's bar, the honorable Lewis Johnfon, Efquire, John Commiffioners 
Graham, James Read, Alexander Wylly, William Ruffeil, and John Morell, Efquires, a FP onued - 
and James Graham ; and for the bar of St. Catharine and river Midway, and for the 
feveral bars and inlets to the fouthward of St. Catharine's bar, Francis Arthur and 
James Fifher, Efquires, James Maxwell, fenior, John Simpfon, William Swinton,. 
John Dunbar, and Samuel Miller, five of each refpectively are hereby declared to 
be a quorum, and who are hereby empowered to recommend fuch pera^n or perfons. 
to be appointed and licenfed by the governor or commander in chief for the time 
being, as they mail think to be the moft fit and complete to act as pilots for the 
conducting of veffels inward to, and outward from, the feveral ports for which they 
(hall be licenfed, during their good behaviour feveraily and refpectively % and if there 
fhall happen to be a deficiency of the faid number of feven commiffioners refpeclive- Deficiency of 
ly, by death or departure out of this province, the furviving or remaining number, - ■ X1 '"^ iier of 
in fuch cafe, (hall apply to the governor or commander in chief for the time being, how to be &r»- 
who is hereby empowered to appoint a new commiffioner or commiffioners, to fill p !C * 
any vacancy that fhall fo happen, and fo from time to time, and at all times hereafter, 
wdienfoever there fhall be a deficiency of the faid number of feven commiffioners, 
which new commiffioners, to be appointed in manner aforefaid, fhall, from time to 
time, and at all times hereafter, have the fame power, privileges and authorities with 
the commiffioners herein before particularly named, to all intents and purpofes 
whatfoever. 

II, And be it further enacted by the authority aforefaid, That from and after the No anlicenfed 
paffing of this act, no perfon fhall be entitled to receive any fee, gratuity or reward, Pf, ° n to as 
for the conducting or piloting any mercantile or trading veffels inwards to, or out- 
wards from, any of the ports or harbors for which a pilot fhall be licenfed, unlefs 

fuch perfon has a licenfefor being a pilot, from the governor or commander in chief 
for the time being, as aforefaid, any law, cuftom, or ufage to the contrary notwith- 
ftanding.. 

III. And be it further enabled by the authority aforefaid, That every pilot or pilots, Licenfed pilots 
warranted or-<to be warranted or licenfed as aforefaid, fhall enter into bond in the , tu ? lv 5 ^ a ?° 

, bond for the 

fecretary's office of this province with two or more fureties in the penalty of two due execution 

hundred o£ that ofiice - 

* By act of Congrefs paffed Auguft 7, 1789, all pilots are to be regulattd by the laws of the refpedrive- 
States till Congrefs makes further proviiicn. 



7 5 DIGES T OY THE 

A. D> 1762, hundred pounds iterling, to his majefty and Ins fuccefibrs, for the due execution of 

No. 82. their office, and Avail take and fubicribe the following oath, to be tendered by the faid 

commiffioners, or any quorum of them for the time being, before the faid pilot or 

Pilot's oath. pilots fhall be entitled to receive any fee or reward in that capacity, viz. I A. B. 

appointed pilot for the port and harbor of — , do folemnly and Sincerely, fwear, 

that I will well and faithfully execute and difcharge the bufinefs and duty of a pilot, 
in the faid port and harbor of , according to the belt of my fkill and know- 
ledge, and that I will, at all times, (wind and weather and health permitting) ufe my 
bait endeavors to repair on board all Ships and veflels that L fhall conceive to be bound 

for, coming into, or going out of the faid port or harbor of \ ; and do further 

fwear, that I will, from time to time, make the belt difpatch in my power to carry 

fafely out, or bring over the bar of , every Ship or vefTel committed to my 

care, and that I will, from time to time, truely obferve, fulfil and follow, to the 
bell of my ikill, ability and knowledge, all fuch orders as I Shall from time to time 
receive from the governor or commander in chief for the time being, or from the 
commiffioners, or the major part of them, by the confenr, direction, and approba- 
tion of the governor or commander in chief for the time being, in all matters and 
things relating to the bufinefs of a pilot. 
Pilot to make IV. And be it further enacted by the authority afore/aid. That if any ftup or vefTel 
mstaes and tofa whatsoever, or the cargo and freight therein contained, fiiall happen to receive any 
any veffei may damage, or mifcarry, or be loft, through the neglect, infufficiency, or default of or 
his neslefi. m anv OI " tne pilots for any of the faid harbors, after fuch pilot takes charge of the 
fame, the faid pilot fliall, in fuch cafe, on conviction thereof in any court of record 
in this province, be obliged to anfwer and make good to the fufFerer or fufFerers, or 
to the mafter of any fuch fhip or vefTel, all and every the damages and lofles which 
he or they fhall fuftain through the faid pilots neglect, infufficiency or default, in 
any manner or wife whatfoever. 
All tUfputes be- V. And be it further enabled^ by the authority aforefaid, That in cafe any difpute, 
t £ eeu jrf 1 i complaint or difference, fhall happen to arife, or be made againft or between any maf- 
pilots to be de- ter or pilot, for, of, or concerning the pilotage of any fhip or vefTel, or any other 
eommiffioiiers ^ matter incident or relative to the bufinefs or care of a pilot, in any of the faid har- 
bors, all fuch difputes, complaints and differences, are hereby ordered to be heard 
and determined by the commiffioners appointed for the care of the pilotage where 
fuch difpute fiiall happen, who, by their decree, arbitrament or order, fhall and 
may lawfully decide, adjuft and regulate, every fuch difpute, complaint or differ- 
ATafters of vef- ence 5 and if either of the faid parties, mafter or pilot, fiiall refufe to abide by, fulfil, 
j'ufine P to°fiiifii or perform the decree, order, or other adjudication of the faid commiffioners who 
the decree of fh a n hear and determine the fame, the party fo refufing fhall be Subject to the penal- 
crs liable to a ty of any fum not exceeding twenty pounds Sterling, as the faid commiffioners fhall 
penalty of .£20. think proper to adjudge, to be levied by warrant of diftrefs, under the hand and feal 
of the faid commiffioners, or any five of them, againft the goods and chattels of the 
party fo refufing, and if he has no vifible goods or chattels, then an attachment fhall 
go in like manner, under the hands and feals of the faid commiffioners, againft the 

perfon 



LAWS OF GEORGIA. 



77 



perfon of the party fo refufmg, who is thereby to be kept in prifon, without bail or A. D. 1762. 
mainprize, until he make full fatisfaction for the faid penalty, which, when paid or No. 2>. ' 
levied, the commifiioners are hereby required to apply towards f.he fund for keeping Forfeitures how 
in repair the light houfe on Tybee iiland ; but if fuch forfeiture fhall happen at Mid- t0 e aPl ° '" ' 
way, then, and in that cafe, fuch forfeiture fhall be paid to the commiiTioners ap- 
pointed to erect a look-out and battery on Midway river, andfbali be applied to the 
keeping in repairs the faid look-out and battery. 

VI. And be it further enaBed by the authority aforefaid, That if any of the pilots for ^''^s f o«nd in.- 

CcipdbiC or nee" - 

the ports aforefaid, for the time being, fhall be found not fufliciently fkilled, or flvall iigejat to be 
become incapable of acting, or fhall be negligent or mifbehave in his duty, then, and fuf ?^ ded « 
in fuch cafe, the commiffioners for the port or harbor for which fuch pilot is 
licenfed, fhall apply to the governor or commander in chief, to annul and revoke the 
warrant or licenfe of every fuch incapacitated or offending pilot, who fhall thence- 
forth be totally fufpended, and deemed incapable to receive and take any fee, gratuity 
or reward, for the guiding or piloting of any fliips or veffels, inward to, or outward 
from, any of the faid ports ; and that a fufficient number of ikilful pilots may not be 
wanting at any time, for the fervice of the faid ports and harbors, // is hereby ordered furpenfioiTof ° X 
and required, That upon the death or fufpenfion ©f any of the faid pilots, the com- pilots, commif- 
miffioners fhall apply to the governor or commander in chief for the time being, to ^th^ovel-nor 
iffue a new warrant or licenfe to fome other perfon, whom he fhall think proper to for a warrant 

,-,, , forfillinarup the 

fill up the vacancy. vacancy, 

VII. And be it further enaBed by the authority aforefaid, That any perfon, mafler or Matters ofvef. 

commander, that (hall bring any fhip or veffel to any of the bars or the coaft of any of fehJmnging in 

the faid harbors, and fhall refufe to receive on board any warranted or licenfed pilot and refuting' to 

the faid perfon, mafter or commander, fo refufing and afterwards bringing in the l ^ ce a liccn / ec l 

faid fhip or veffel into any of the ports aforefaid, fhall, and is hereby made liable to entitled' to the 

the pilot firft offering to come on board fuch fhip or veffel, without the bar, to take f am . e r , a , tes as , lf 
t 1 r •, 1 r 1 1 1 • r • he had brought 

charge thereof as pilot, the lame rates, dues and payments as are hereinafter particu- her in. 

larly expreffed and provided, and to be paid in the fame manner as if the faid 

pilot had actually piloted the fame fhip or veffel into any of the faid ports or 

harbors. 

VIII. And be it further enaBed by the authority aforefaid, That the mafter or com- Rates f p jj ot „ 
mander of any fhip or veffel, for the confideration of the pilotage of the faid fhip or a g e » 

veffel inward to, or outward from, any of the ports or harbors aforefaid, fhall pay 
unto the licenfed pilot that fhall take charge of the fame, the feveral funis of money, 
rates and prices, as in the following table are appointed, as full and ample fatisfaclion 
unto the faid pilot for his care and charge in the bringing in or carrying out every fuch 
fhip or veffel, according to the draught of water of the faid veffel at the-time of the faid 
pilotage. 

£' s, d. 

For fix feet of water, inwards or outwards, - - - on o 

Seven feet, dittp or ditto, - - - - o 15 o 

Eight feet, ditto or ditto, - - — o 1 3 o 

Nine feet, ditto or ditto, - - - - I 2 O 

Ten 



7 8 



DIGEST OF THE 



A. D. 1762. 

No. 83. 



& 



For ten feet of water inward or outward,- - - - 



Mailers ofvef- 
i'els coming 
over the bars 
when no pilots 
have been out, 
co pay only half 
tecs. 



Pilots refufing 
to carry out any 
veflel, after no- 
tice given them 
by the matter, 
to forfeit one 
half of their 
fees. 



Perfons becom- 
ing fecurity for 
m afters of vef- 
iels liable to pay 
the pilots fees. 



Pilots to fee 
every vefftl 
moored as the 
siafter de fires. 



or 


ditto, 


or 


ditto, 


or 


ditto, 


or 


ditto, 


or 


ditto, 


or 


ditto, 


or 


ditto, 


or 


ditto, 


or 


ditto, 


or 


ditto, 



J-. 

5 
9 

x 5 

o 

5 

10 

17 

3 
so 



d. 



o 

10 



o 

o 
o 

o 
o 
o 
o 
o 
o 
o 
o 



Eleven feet, ditto 

Twelve feet, ditto 

Twelve feet and half, ditto 
Thirteen feet, ditto 

Thirteen feet and half, ditto 
Fourteen feet, ditto 

Fourteen feet and half, ditto 
; Fifteen feet, ditto 

Sixteen feet, ditto 

Seventeen feet, ditto 

IX. And, as far as may be, to prevent and difcourage pilots from neglecting their 
duty, Be it further enabled, and it is hereby enacted, by the authority afore/aid, That if 
the mafter or commander of any fhip or veflel, coming in, or bound to, any of the 
ports or harbors in this province, to whom no licenfed pilot has offered his fervice 
at the outfide of the bar, fhall bring his fhip or veflel in over any of the bars of the 
fame, then, and in fuch cafe, fuch mailer or commander mall not be liable to pay 
more than one moiety, or half of the rate or fare before mentioned, for the pilotage 
of his veflel, which fhall be deemed, and is hereby declared to be a fufheient reward 
and gratuity to any fuch licenfed pilot, for conducting the faid veflel up any of the 
rivers aforefaid, to the town or place where fuch fhip or veflel is bound to unlade. 

X. And be it further enabled by the authority aforefaid, That after any fhip or veflel 
is laden, and ready to depart from any of the ports or harbors aforefaid, and the 
mafter or commander thereof fhall fignify to the licenfed pilot for the port or har- 
bor, his defire to depart with his faid veflel, the faid pilot neglecting or refufing to 
conduct the faid veflel away, with the utmoft difpatch in his power, fhall, for fuch 
neglect: and refufal, forfeit his right, title, claim, and demand in and to one moiety 
or half of the rate or fare fuch mafter or commander would be otherwife fubject to- 
pay for the pilotage of his faid veflel, any thing in this act contained to the con- 
trary notwithftanding. 

XI. And be it further enabled by the authority aforefaid, That the perfon or perfons 
who fhall be fecurity in the fecretary's office of this province, for any fhip or veflel, 
fhall be liable to pay to the pilot or pilots, feverally and reflectively, the money 
due to him or them for the pilotage of fuch fhip or veflel outward or inward, as 
the fame fhall happen to be due ; and that it fhall and may be lawful to and for the 
faid pilot or pilots to recover the fame in fuch manner as is provided by an act of 
this province, for the more eafy and fpeedy recovery of fmall debts and damages. 

XII And be it further enabled- by the authority aforefaid, That all and every pilot, in 
any of the harbors aforefaid, when he has brought any fhip or veflel to anchor in 
any of the aforefaid harbors, fhall, and is hereby directed and required to moor fuch 
fhip or«veflel, or to give proper advice and direction for the mooring of the fame, and 
for their fafe riding at fuch moorings, if thereunto required by the mafter or com- 
mander of fuch fhip or vefkl. XIIT. 



4 



LAWS OF GEORGIA. 

XIII. And whereas ^xvps or other veffels coming on the coaft and bound to lbme port 
of this province are often at a lofs to know exactly where they are, for the encouraging of 
fuch perfons to repair on board of them, mould they make a fignal for that purpofe, Be 
it enacted by the authority aforefaid> That if any mafter of a velTel fhall take any in func- 
tion, or be afcertained of the fpot his veffel is in by any white perfon repairing on 
board as above, the faid mafter is hereby made liable to pay to fuch perfon the fum 
of twenty ihillings, and if he fhall be required to continue on board fuch veflel, he 
fhall, over and above the faid fum, be paid twenty (hillings for each of the two fir ft 
days, and five ihillings for every day after that he fhall remain on board, to be reco- 
vered in the fame way as fees for pilotage, from the mafter or his fecurity, as is 
herein before appointed ; Provided he apply for the fame before the fhip or veffel de- 
parts the province, but not afterwards. 

XIV. * And whereas many fmall veffels are employed in the coafting bufinefs from 
this to the neighbouring province, the mafters and commanders of which are, in 
general, well acquainted with the feveral bars and harbors of this province, and ftand 
in no need of the affiftance of licenfed pilots, Be it further enacted by the authority 
afore/aid, That no veffel that now is, or fhall hereafter, during the continuance of 
this act, be eftablifhed and fixed in the coafting trade from this to the neighbouring 
province, or from one part to another of this province, fhall be liable to pay any 
pilotage or charge to any licenfed pilot, unlefs the mafter or commander of fuch 
coafting veffel fhall require the fame licenfed pilot to conduct his faid veffel into, or 
out from, any of the ports or harbors aforefaid, in which cafe the faid mafter fhall 
be liable to pay the fame fees and rates of pilotage as is herein before directed. 

XV. And be it further enacled> That this act fhall continue and be in force until 
the firft day of January next, and from thence to the end of the then next fefnon 
of affembly.f 

LEWIS JOHNSON, Speaker. 
JAMES HABERSHAM, Prefdent. 
James Wright. 
March 4, 1762. 

* Altered by adt 01178S, No. 393. 

f Made perpetual by act of 1783, No. 279, 



79 
A.D. 1762. 

No. 82. 

Suns required 
to be paid by 
mafters of vef- 
fels to any white 
perfon acting a* 
herein menti- 
oned. 



Frovifo. 



Coafting veffels 
to pay no pi- 
lotage unlefs the 
mafter requires 
the affiftance of 
a pilot. 



An Aft to oblige majlers of veffels, fupercargoes y and other tranfient perfons importing 
goods and merchandize into this province to pay tax for the fame. 
March 4. 

Obfolete. — This power is vejled in the general government by fed. conjlitution. 



No, 83. 



An Atl for further explaining and amending an acl y entitled, " An acl to empower the 
feveral furveyors therein after named to lay out public roads in the province of Georgia" 
and to fink wells in the town of Savannah, 
March 4. 

Obfolete. Sin 



No. 84. 



8o. DIGEST OF THE 

A. D. 1762. An Acl to explain and amend an acl, entitled "An at! for the more eafy andfpeedy reco- 
No. 85, very of fmall debts and damages? 

March 4. 

Repealed by ail of 1789, No. 42 1. 



Nq. 86.' An Acl for making provifon for printing the laws of this province, and for encouraging a 

printer tofet up a printing prefs in the fame. 
March 4. 

Obfolete. 



No. 87. An Acl for granting to his majejly the fum of £l*2l 5 Jlerling for the ufe and fupport of 

the government of Georgia for the year 1762, to be raifed at certain rates as therein 
mentioned, and for the more ejfeelual collecling of arrears. 
March 4. 
Obfolete. 



No. 88. An AH for preventing and punifhing vice, profanenefs and immorality, 
and for keeping holy the Lord's day, commonly called Sunday. 

Preamble. °^H[ 7"HERE AS there is nothing more acceptable to God than the true and fincere 

^j^j worfhip and fervice of him, according to his holy will, and that the keep- 
ing holy the Lord's day is a principal part of the true fervice of God, which in this 
province is too much neglected by many. 

I. Compelling all perfons to attend places of public worfhip — repugnant to the 
form of our government. See note, page 52. 
Perfons work* H- -And be it further enacted, That no tradefman, artificer, workman, laborer, or 
ing on Sunday ther perfon whatfoever, fhall do or exercife any worldly labor, bufinefs, or work of 
their ordinary callings, upon the Lord's day, or any part thereof (works of neceffity -or 
charity only excepted) and that every perfon being of the age of fifteen years or up- 
wards, offending in the premifes, fhall, for every fuch offence, forfeit the fum of te,n 
millings ; and that no perfon or perfons whatfoever, fhall publicly cry, fhew forth, 
No goods to be or expofe to- falc, any wares, merchandizes, fruit, herbs, goods or chattels. whatfo- 
foldon that day. eve r, upon the Lord's day, or any part thereof, upon pain that every perfon fo 
offending, fhall forfeit the fame goods fo cried or fhewed forth, or expofed to fale, or 
pay ten millings. 

III. Prohibiting perfons from travelling by land or water on Sunday.' — Obfolete.. 
Hunting, fhoot- IV. And be it further enabled, That no public fports, or paftimes, as bear baiting, 
pfn«n C " ?/" rbld " bull baiting, football, playing, horfe racing, (hooting, hunting or fifhing, interludes 
or common plays ? or other games, exercifes, fports, or paftimes whatfoever, fhall be 

ufed 



LAWS OF GEORGIA. 



81 



ufed on the Lord's day, by any perfon or perfons whatfoever, and that all and every 
perfon and perfons offending in any of the premifes, fhall forfeit for every fuch offence, 
the fum of five (hillings flerling. 

V. And be it further enaciedy That no vintner, innholder, or other perfon, keeping 
any public houfe of entertainment, fhall entertain or fuffer any perfon or perfons, 
(except ftrangers or lodgers) in fuch houfes or out-houfes to abide or remain ; nor 
fhall they fuffer any perfon or perfons whatfoever, in their faid houfes, out-houfes, 
yards, orchards, or fields, to abide, remain drinking, or in any manner idly fpending 
their time on the Lord's day, upon the pains and penalties of five {hillings for every 
perfon offending, payable by themfelves refpedtively that fhall be found fo drinking 
or abiding in any fuch public houfe, or dependencies thereof as aforefaid, and the 
like fum of five fhillings to be paid by the keeper of fuch houfe, for every perfon en- 
tertained by them. 

VI. And, for the better keeping of good orders on the Lord's day, Be it ena&ed, 
That the church-wardens and conflables of each parifh refpectively, or any one or 
more of them, fhall, once in the forenoon, and once in the afternoon, in the time 
of divine fervice, walk through the town of Savannah, and the refpective towns of this 
province, to obferve, fupprefs and apprehend, all offenders whatfoever, contrary to 
the true intent and meaning of this act, and they fhall have power, and are hereby 
authorifed and empowered, to enter into any public houfe or tippling houfe, to fearch 
for any. fuch offenders, and in cafe they are denied entrance, fhall have power, and 
are hereby authorifed. and empowered to break open, or caufe to be broke open, any 
of the doors of the faid houfe and enter therein, "and all perfons whatfoever are ftrictly 
commanded and required to be aiding and affifting to any conftables or other officers, 
in their execution of this act, on the penalty of ten fhillings flerling, for every 
refufal. 

VIII. And be it further enacled, That for the better execution of all and every the 
foregoing orders, every juftice of the peace within his county or parifh, fhall have 
power and authority to convene before him any perfon or perfons whatfoever, who 
lhall offend in any of the particulars before mentioned, and upon his own view or 
confeffion of the party, or proof of any one or more witneffes, upon oath, which the 
faid juftice^s are by this act authorifed to adminifter, the faid juftice or juflices fhall 
give a warrant under his or their hand and feal, to the conftables or church-wardens, 
or either or any of them, of the parifh or parifhes where fuch offence fhall be com- 
mitted, to feize the faid goods, cried, fhewed. forth, or put to fale, as aforefaid, and 
to fell the fame ; and as to the other penalties and forfeitures, to impofe the fine 
and penalty for the fame, and to levy the faid forfeitures and penalties, by way of dif- 
trefs, and fale of goods, of every fuch offender, returning the overplus (if any there 
be) after reafonable charges allowed for the diftrefs and fale, and in cafe of default 
of fuch diftrefs, or in cafe of infufficiency, or inability of the offender, to pay the 
faid forfeiture or penalties, that then the party offending, be fet publicly in the 
flocks for the fpace of two hours, and all and fingular the forfeitures or penalties 

L aforefaid 



A. D. 176a. 



No. 83. 



Public houfes 
not to be kept 
openonSunday, 



Conftables, &c. 
to infpedr. pub- 
lic or tippling 
houfes on that 
day ; 



and to ufe force 
if denied en- 
trance. 



Juitices to ap- 
prehend offen- 
ders and ftize 
their goods. 



Q 



2 .DIGEST OF THE 



A. D. 1762. aforefaid fhall be employed and converted to the ufe of the poor of the parifh where 
No. 88. the fald offences (hall be committed, and to be delivered into the hands of the church- 

wardens or overfeers of the poor for that end, faving only, that it fhall and may be 
lawful to and for any fuch juftice or juflices, out of the faid forfeitures or penalties, 
to reward any perfon or perfons that fhall inform of any offence againft this act, ac- 
cording to his or their difcretion, fo as fuch reward exceed not the third part of the 
Provifo- forfeitures or penalties : Provided, That nothing in this act contained fhall extend 

to the prohibiting of dreffmg of meat in families, or dreffing or felling of meat in 
inns, victualling houfes, or other public houfes, for fuch as cannot be otherwife 
provided, nor to the buying or felling of milk and fifh, before nine of the clock in 
Provifo. the morning, and milk after four of the clock in the afternoon : Provided alfo, That 

no perfon or perfons (hall be impeached, profecuted, or molefted, for any offence 
before mentioned in this act, unlefs he or they be profecuted for the fame within 
ten days after the offence committed. 
Writs, warrants VIlI. And be it further enacted, That no perfon or perfons, upon the Lord's day, 
executed on the ^ ia ^ f £rve or execute, or caufe to be ferved or executed, any writ, procefs, warrant, 
Lord's day, ex- order, judgment, or decree, except in cafes of treafon, felony, or breach of the 
matters. peace, but that the fervice of every fuch writ, procefs, warrant, order, judgment, 

or decree, (hall be void to all intents and purpofes whatfbever, and the perfon or 
perfons fo ferving and executing the fame, fhall be liable to the fuit of the party ag- 
grieved, and to anfwer damages to him for the doing thereof, as if he or they had 
done the fame without any writ, procefs, warrant, order, judgment, or decree at 
Perfons ferved all, and in cafe any perfon or perfons fhall be imprifoned, or detained in cuftody, 
on' Sunday to ^y an y writ > procefs, warrant, order, judgment, or decree, fo ferved or executed 
be dilcharged, upon the Lord's day, upon motion or petition made to the chief juftice, or any one 
of the affiftant juftices for the time being, it fhall be lawful for the chief juftice, or 
affiftant juftice or juftices, and he or they are hereby authorifed and required imme- 
diately to order fuch perfon or perfons to be difcharged out of prifon and cuftody, and 
to be clear not only from fuch writ, procefs, warrant, order, judgment, or decree, 
fo ferved on the Lord's day, but alfo from all and every other writs, procefs, war- 
rant, order, judgment, or decree, ferved or executed upon any perfon during the 
time of the faid perfon's being imprifoned or detained upon the account of any fuch 
writ, .procefs, warrant, order, judgment, or decree fo ferved or executed on the 
Lord's day, and fuch perfons fhall be allowed by the faid chief juftice, or affiftant 
and allowed a : u fti ces f llc h reafonable time as he or they fhall think fitting, to return to his home 

certain time to J / ,4 ... 

return home. or habitation, free from any arreft or hinderance whatfoever, in civil matters. 
Adions IX. And be it further enabled, That if any action, fuit, or information, fhall be 

perfons 1 irf ^the commenced againft any perfon or perfons, for what he or they fhall do in purfuance 
execution of or execution of this act, fuch perfon or perfons fo fued may plead lhe general iffue 
how they are to ( not guilty) and upon iffue joined, give this act, and the fpecial matter in evidence; 
proceed. an d if the plaintiff or profecutor fhall become non-fuit or fuffer difcontinuance, or if 

a verdict pafs againft him, the defendant or defendants fhall recover his or their 

treble 



P 



LAWS OF GEORGIA. 83 

treble cods, for which he or they (hall have the. like remedy, as in any cafe where A. D. 1762. 
cofts by law are given to the defendant. No " 8 

X. Directing this act to be read four times a year by every minifter, &c. — Obfolete. 

LEWIS JOHNSON, Speaker. 
JAMES HABERSHAM, Pre/dent. 
James Wright. 
March 4, 1762. 



An Acl to enable the commiffioners appointed by an acl of the general No> 8 ?- 
affembly of this province, entitled " An Acl for regulating the tovun 
of Savannah, and for afcertaining the common thereunto belonging, 
to alien and convey a certain portion of the faid common in exchange 
for other land to the faid common adjoining"* 

WHEREAS in and by an act of the fecond general aflembly of this province, Preamble. 
entitled an act for the better regulating the town of Savannah, and for 
afcertaining the common thereunto belonging, the faid common is afcertained and de- 
clared to be the common property of the lot-holders of the faid town, and not to be 
aliened or granted away for any purpofe whatfoever other than by act of the general 
aflembly : And whereas the exchanging a fmall part or the faid common confiding of 
about fifteen acres for four garden lots, feverally adjoining to other parts of the faid 
common and to become a part thereof, will not only enlarge the common of the faid 
town, but alfo render it more compleat and uniform, Be it therefore enacted^ That Ena&ecf, 
from and after the pafling of this act it fhall and may be lawful to and for the com- 
miflioners named and appointed in and by the faid recited act of the general aflembly, Commiffioners 
by any fit deed or conveyance in the law, by them or any three of them, to be made po^erecTtoTx- 
and executed to grant, alien and convey unto his Excellency James Wright, Efquire, change fifteen 
or to any perfon or perfons for his ufe, and to his and their heirs and afligns forever, common for 
all that part of the faid town common on the fouth-eaft boundaries of the common of four garden lots 
the town of Savannah, adjoining the garden lots number feven, eight, thirteen and twenty acres. 
fourteen, extending on a direct line twenty-five chains and courfe of the garden lots 
to the eaftern road, and from the upper wefternmofl corner of the late truftees gar- 
dens in a direct line and courfe of the garden lots aforefaid, fourteen chains to the 
eaftern road and bounded to the northward by the faid truftees gardens, and particu- 
larly defcribed by the letters A, B, C and D, in the plan hereunto annexed, contain- 
ing fifteen acres more or lefs, he the faid James Wright firft granting and conveying, 
or caufing to be granted and conveyed unto the faid commiflioners all thofe four gar- 
den lots containing together twenty acres, more or lefs, fituate fouthward of the 
faid common, and adjoining thereunto, and particularly defcribed in the faid plan 
to this act annexed, by the numbers nineteen, twenty, thirty-one and thirty-two, 

to 
* Further exchange of common— See acl: of 1766, No. 149. 



84 



DIGEST OF THE 



A. D. 1762. 

No. 89. 



Such part of the 
common when 
exchanged, to 
become the pro- 
perty of Sir 
James Wright. 



And the garden 
lots obtained to 
be a part of the 
common. 



No, 90. 



to hold the fame unto the faid commiffioners and their fucceflbrs forever, as part 
and parcel of the common of the faid town of Savannah, for the ufe of the lot- 
holders thereof. 

II. A?id be it further enaBed, That from and after the alienation and exchange re- 
fpedHvely made of the faid part of the faid common herein before defcribed for four 
garden lots in manner as before mentioned, the faid tract of fifteen acres, more or 
lefs, defcribed as aforefaid in the faid plan by the letters A, B, C and D, fhall and 
is hereby declared to be fevered from the faid common, and become and continue 
the abfolute property of the faid James Wright, or other perfon, for his ufe, and 
his or their heirs or affigns for ever. 

III. And that the faid four garden lots before mentioned and defcribed fhall from 
thenceforth be and continue as part and parcel of the faid common of the town of 
Savannah, for the ufe of the lot-holders of the faid town, to all intents and purpofes 
whatfoever as any other part of the faid common is, according to the true intent 
and meaning of this act.; any thing in the faid recited act contained to the contrary 
notwithftanding. 

JAMES HABERSHAM, Preftdent. 
• LEWIS JOHNSON, Speaker.. 
James Wright. 
March 4, 1762. 



An AB for raiftng and granting to his majejly the fum of £193 10 flerling i and for ap- 
plying the fame towards the better fupport and encouragement of pilots for the fer vice of 
the province^ as therein mentioned. 

March 4. 
Obfolete. 



No. 91, An AEl to empower the furveyors in the parifh of St. John to lay out a new public road 

from the town of Sunbury to join the fouth weft road near the plantation of Samuel 

HqJlingSy and to make the inhabitants of the i/lands to the fouth ward of the river Great 

Ogechee liable to work on the public roads in their feveral pari/hes; and to appoint two 

additional furveyors for the parifh of St. John. 

March 4. 



No. 92, An At! for building a church in the town of Augufla, and repairing the parfonage houfe 

there;* and providing a fund for building and repairing churches and parfonage houfes t 
and fencing in the cemeteries appertaining thereto in the feveral parifhes within this 
province. 
March 4. 

Obfolete. 

An 
* See acT: of 1783, No. a 8a; and note, page 52. 



LAWS OF GEORGIA, 85 

An Acl to amend an aEl to prevent the building wooden chimnies in the town of Savannah) A. D. 1 763. 
the repair of thofe already built, and to provide again/} accidents of fire. No - 93- 

April 7, 1763. 

Thefe powers now vefled in the corporation. 



An Acl for amending an acl for conflituting and dividing the fever al No. 94. 
difricls and divifions of this province into parifhes, and for efla- 
hlifhing of religious ivorfhip therein, according to the rites and ce- 
remonies of the church of England; and alfo for empowering the 
church-wardens and veftry-men of the refpeclive parifhes to qffefs 
rates for the repair of churches , the relief of the poor, and other 
parochial fervices, and for enlarging the public burial-ground at 
Savannah, and inclofing the fame. 

I. \~p MPOWERING church-wardens, &c. to levy parifh tax. — Repugnant. See 
X_j note, page 52. 

II. * And whereas the cemetery in the parifh of Chrift church belonging to the faid 

parifh is become too fmall for the occafion, Be it therefore enabled by the authority cemetery of 
aforefaidy That the faid cemetery be enlarged and extended to the line of Abercorn- Chnft church 
ftreet, to the weftward, and one hundred feet to the fouthward, the whole to con- 
tain two hundred and ten feet fquare, and the church-wardens and veftry-men of 
the faid pariih are hereby empowered, at their difcretion, to agree with and hire 
workmen to compleat, inclofe, and finifh the fame. 

III. And be it further enabled by the authority aforefaid, That there be laid out, Burial ground 
and inclofed in a line with the faid cemetery, adjoining the lines of the common, ; 
towards the five acre lots, a place of two hundred feet fquare for the conveniency of 
a burial-ground for negroes. 

LEWIS JOHNSON, Speaker. 
JAMES HABERSHAM, Prefident. 
James Wright. 
April'], 1763. 

* See act of 1768, No. 178, enlarging the cemetery. 



groes. 

O 



An ordinance appointing the honorable William Knox, Efquire, agent tofolicit the affairs No « 9S> 

of this province in Great Britain. 

April 7. 
Obfolete. 

An 



86 DIGEST OF THE 

A. D. 1763. An Act for continuing and amending an act of the general ajfembly of this province for 
No - 9*>. regulating the ajjize of bread. 

April 7, 1763. 
Obfolete. — Sec ail of i r /6$, No. 174. 



No. 97. An Acl to prevent damages which may arife from dams or banks for referving or flopping 

of water. 
April 7. 

Obfolete. — See a8s of 1773, No. 119; and 1787, No. 363. 



No. 9§. An Acl to empower the general court of pleas to grant writs of partition of lands and 

tenements held in coparcenary, joint tenancy ', and tenancy in csmmon, in this province ', 
and appointing the method of proceeding therein. 

April 7. 

Re-enabled by a8 of 1767, No. 166. 



No. 99. An Acl for pi-eventing fraudulent mortgages and conveyances, and for making valid all 

deeds and conveyances heretofore made in refpecl to any defeel in the form and manner 
of making thereof. 
April 7. 

Re-enatled with alterations by aB of 1 768, No. 1 88. 



No. 100. An Atl for granting to his majejly the fum of £1934 9, for the ufe and fupport of the 
government of Georgia for the year 1 763, to be rnifed at certain rates as therein men- 
tioned, and for the more effetlual collecling of arrears* 
April 7. 

Obfolete. 



No. !ci. An Ac~l to prevent perfons throwing ballaft or rubbifh, or falling trees 
into the rivers and navigable creeks within this province, and for 
keeping clear the channels of the fame.* 

I. II. III. IV. T\ E-ENACTED with amendments by aft of 1765, No. 121. 



Perfons ob- _£ \, V. And be it enabled by the authority aforefaid. That if any 

gadon" how-to P er f° n or perfons after the time of palling this act, fhall cut or caufe to be fallen or 

be treated. cut down any trees contiguous to the rivers or navigable creeks by this act intended 

to be kept free and pafiable for {hipping, perriaguas, and large boats, and fuch trees 

fo 

* Amended by a<5l of i;6j, No- 121. 



LAWS OF GEORGIA. 87 

fo felled and cut down, fhall happen to fall into the faid rivers, or into or acrofs the A* D. 1 7^3* 

faid navigable creeks, the perfon or perfons fo falling or caufing the faid trees to be No. 101. 

felled and cut down, fhall forthwith clear the faid rivers or navigable creeks of the 

fame, at his or their fole coft and expence; and in cafe of his or their neglect or re- 

fufal fo to do within ten days, any one juftice of the peace of the parilh or diftrict 

where the fame fhall happen, may, and is hereby authorifed, on information on 

oath to him thereof given, forthwith to iflue his warrant to the conftable of the faid 

parilh or diftric~t, to caufe the faid tree or trees to be removed out of the faid rivers 

or navigable creeks, and the expence attending the doing thereof fhall be paid and 

difcharged by the perfon or perfons fo falling or cauiing the faid trees to be felled 

and cut down, and fuch juftice is hereby fully authorifed and impowered to iflue 

his warrant for levying the fame, together with the charge attending thereon, by dif- 

trefs and fale of the goods and chattels of fuch offender or offenders, and for want of 

fufficient diftrefs, to commit fuch perfon or perfons offending as aforefaid to prifon 

for the fpace of thirty days, or until payment fhall be made as aforefaid. Provided Provifo. 

neverthelefs, That nothing herein contained fhall extend, or be conftrued to extend, 

to include, or to make clear, or navigable, any creek not navigable at the time of 

pafling this act.f 

LEWIS JOHNSON, Speaker. 

JAMES HABERSHAM, Prejidenf, 
James Wright. 
April -j, 1763. 

f Perpetuated by act of 1783, No. 279. 



An AEi to prevent the bringing into and fpreading of contagious diflempers in this province, No. 102. 
and to oblige vejjels going out of any port within the fame, firfl to produce for that pur- 
pofe a pajfportfrom the governor or commander in chief for the time being; and alfo to 
prevent the harboring of fick failors and others. 

April 7, 1763. 

Obfolete. — See abl of 1793, No. 485. 



An Ac~l to empower the commiffioners appointed in and by an acl of the *T©« i°3- 
general ajfembly of this province, entitled, " An acl for repair- 
ing of Chrijl church in Savannah" to lay out afpot of ground for 
erecting a parifh church thereon, and to remove the prefent mar- 
ket, and lay out afpot of ground for ere cling the fame. 

WHEREAS the repairing the parifh church in the town of Savannah-, and Comrmffioners 

parifh of Chrift church, or rebuilding the fame on the prefent foundation Jjf^JJKS 

is found to be impracticable, Be it enabled. That immediately after the pafling this to remove the 

act, it fhall and may be lawful to and for the commiflioners named and. appointed "" l4und ] Y 

in build a church. 



88 DIGEST OF THE 

A. D. 1763. in and by an aft pafled in the third feffion of the fecond general aflembly of this pro- 
No. 103. vince, entitled, " An act for the repairing of Chrift church, in Savannah," and they, 
or any five of them, are hereby empowered, and fully authorifed, to caufe the build- 
ings and flails now erected and ufed for a market, in the center of a fquare of 
the faid town of Savannah, called Wright's fquare, to be removed from thence, and 
in the fame place to lay out a fufficient fpace of ground for the erecting thereon a 
parifh church, which faid portion of ground fo to be laid out, fhall be, and is from 
henceforth, allotted and appropriated to and for the ufe and purpofe aforefaid. 

A piece of I& And be it emitted by the authority of ore/aid, That it fhall and may be lawful 

fTout for the t0 " ncl ^ or ^ ** aid commiu " loners > and tne y> °t any five of them are hereby em- 
market, powered and fully authorifed to lay out a proper fpace or quantity of ground, in a 
fquare of the faid town of Sarannah, called Ellis's fquare, and thereon to caufe the 
buildings and flails for a market to be placed and put, which faid ground fo laid 
out, fhall be, and is from henceforth, allotted and appropriated to and for the ufe 
and convenience of a public market. 

LEWIS JOHNSON, Speaker. 
JAMES HABERSHAM, Preftdent. 
James Wright. 

Jpri/ -'J, 1763. 



No. 104. 



An A Si for regulating a ivork-houfe for the cuflody and punifhment 

of negroes, . 



Preamble. *^"^ T"HEREAS a law for regulating a work-houfe for the confinement of negroes, 

V v and punifhment of fuch as are obftinate and diforderly, is highly neceflary, 

Enafted. Be it enabled, That Jofeph Ottolenghe, William Ewen, and John Morel, Efquires, 

Commiffioners Alexander Tyffe and Benjamin Goldwire, fhall, and they are hereby nominated and 

named,andhow appointed commiffioners for the ordering and taking care of the faid work-houfe ; 

appointed. .... . 

which faid commiffioners, or any three of them, fhall have full power and authority 
to do and tranfact all and every the matters in and by this act enjoined and directed 
to be done by them, which commiffioners (hall- be and continue until Eafter Monday, 
in the year one thoufand feven hundred and fixty-four ; after which the fame number 
of commiffioners fhallbe annually chofen and elected at the fame time and in the 
fame way as is appointed for chufing pariffi officers; and the commiffioners fo chofen, 

Penalty on re- refufing to act, fhall be, and they are hereby made liable to pay the fame fine as is 

futmg to a<5t. impofed on church-wardens refufing to act. 

A mailer to be ^* ^ n ^ ^ e it further enabled, That the faid commiffioners fhall, within two months 

appointed by after the paffing this act, appoint a fit and proper perfon to be mafter or warden of 
the work-houfe for fuch term and time not exceeding the term of three years, as 
they fhall think fit, or during his good behavior, to have and take the care and 
charge of the work-houfe, and of the negroes that, from time to time, fhall be fent 
or committed to his care ; and the faid commiffioners are hereby empowered to con- 
tract 



irons. 



LAWS OF GEORGIA. 89 

tract with fuch mafter or warden to have and take fuch fees, perquifites and advan- A. D. 1763* 
tages out of the profits of the work and labor of fuch flaves as fhall be committed „„. , I04- , 

o * riis fees to be 

and fent to the work-houfe, or fuch other ftated falary out of the profits of the fame afcertained by 

as they fhall think reafonable, during the time of his appointment. them. 

III. And be it further enacled> That the mafter or warden of the work-houfe to Matter empow- 
be appointed as aforefaid, fhall have power and authority, and he is hereby authorifed, negroes in work 
empowered and directed to fet all fuch negroes (criminals excepted) as fhall from hpufe, and pu- 
time* to time be duly fent or committed to his cuftody to work and labour (if they whipping or 
be able) for fuch time as they fhall continue and remain in the work-houfe, and to 
punilh them by putting fetters or fhackles upon them, and by moderate whipping, 
not exceeding twenty ftripes in one day. 

IV. And be it further enacted- That the faid mafter and warden of the work-houfe To provide ma- 

1 nit r- r'-i -iri r terialstor work- 

fhall provide, as there fhall be oecafion, fuitable materials for the employment or i ng them and 
fuch negroes as fhall be committed to his cuftody, except as before excepted, and the pro- the profits to be 
fits that fhall arife by the labor of fuch negroes fo to be employed fhall be paid by miffioners, how 
the faid mafter or warden to the faid commiffioners, who fhall apply the fame to- a PP lied ' 
wards the difcharge of the faid mailer's fees or falary, and in providing materials for 
the faid negroes employment. 

V. VI. VII. VIII. IX. Revifed and re-enacted by act of 1770, No. 204, 24, 
25, 26, 28 fections. 

X. And be it further enabled. That any perfon or perfons, having flubborn, obfti- Matter topunifh 

.. r •> e •» Haves as their 

nate, or incorrigible negroes or flaves, may fend and commit them to the work- owners direct. 
houfe, there to be kept to hard labor, or otherwife to be corrected as they fhall di- 
rect ; and the mafter and warden is hereby ftrictly commanded and required to exe- 
cute the fame, the owner or owners thereof paying for the correction and mainte- 
nance of fuch flave or flaves during his or their confinement, at the following rates, 
viz. fix pence for each day's maintenance, and one fhiliing and four pence for each Fees for the 
chaftifement that the owners may direct. amc ' 

XI. And in cafe of the death, abfence, or refufal to act, of any of the commiffi- vacancies of 
oners named in this act, the acting; commiffioners, or the majority of them, fhall ap- commiffioners 

. / h ._ . ! r 1 r i. j- C howto be filled. 

point other proper perions as commmionerSj m the room 01 thole who may die, be 
abfent, or refufe to act as aforefaid. 

XII. And be it further enabled by the authority aforefaid^ That this act fhall be and Continuance of 
continue in force during the term of three years from the pafiing the fame, and from l 1S * 
thence to the end of the next feffion of the general afTembly, and no longer.* 

LEWIS JOHNSON, Speaker. 
JAMES HABERSHAM, Prefident. 
James Wright. 
April 7 , 1763. 

M An 

* Perpetuated by revival act of 1783, No. 279, 



oo DIGEST OF THE 

A. D. 1763. An Aft for holding fpecial or extraordinary courts of common pleas > for 
No. 105. fa tr - m i j cau j es arifing between merchant s, dealers and others, and 

Jhip maftersifupercargoes-, and other tranfient perfons.* 

Preamble; "\jC 7"HEREAS, difputes and difFerences frequently arife and happen between 

\ \ merchants, dealers and others, and ihip mailers, fupercargoes, and other 
tranfient perfons, trading to, and having commercial concerns in this province, which 
cannot be determined by legal procefs, without obliging tranfient perfons to wait 
the ufual time of holding the general court of pleas, and the ordinary forms of proceed- 
ing therein, and thereby caufing great charge and expenfe to fuch mafters, fupercar- 
goes, and other tranfient perfons, by detaining their veffels in port when ready for 
failing, and otherwise damnifying them, to the great hinderance and difadvantage of 
Ena&ed. foreign commerce ; for remedy whereof, Be it enafled, That it (hall and may bo 
lawful for the chief juftice, and in his abfence for either of the juftices of the general 
court of pleas, at any time after the palling of this a£t, upon petition to either of 
Tranfient per- them made by any fhip mafter, fupercargo, or other tranfient perfon or perfons, who 
tain h a W f °ecial f^dl nave anv difpute or difference with any merchant, dealer, or other perfon or 
court : perfons touching any contract, agreement, fale, promife, debt or demand whatfoever, 

made or arifing within this province, during the continuance therein of fuch tranfient 
perfon or perfons, and not otherwife, fetting forth in fuch petition the nature of his, 
her or their cafe, and at the fame time making oath that he, fhe or they cannot, 
without great inconvenience and damage to him, her or them, wait the determination 
of fuch matter in difference by the ordinary and ufual courfe of proceeding in the faid 
court, to order, and the faid chief juftice and juflices are hereby required and direc- 
To beheld with ted to order and appoint a fpecial or extraordinary court to be held within feven days, 

terpetltitn^re- a ^ ter tne P re f errm g °f fuch petition, for the trial of any fuch caufe or matter in 
fened. difference. 

Plaintiff to fue ^* -^ n ^ ^ e li farther enabled, That immediately after the appointment of fuch 
out writ, &c. court, the plaintiff or plaintiffs in the caufe (hall forthwith fue out his, her or their 
to appear and writ, and affile his, her or their declaration thereon, with a copy of his, her or their 
plead to iffue account or other demand, to which the defendant or defendants fhall appear imme- 
diate, and plead to iffue without delay, in default whereof, judgment to be entered 
Jury of mer- for the plaintiff or plaintiffs, and thereupon a fpecial jury of merchants or other fit 
ftrock h ° W perfons for trial of the faid matter, or affeffing the damages in cafe of judgment by 
default, fhall be nominated and ftruck before one of the judges of the faid general 5 
court, or the clerk of the pleas, in like manner as fpecial juries are ftruck in the 
courts of Weftminfter hall, every fuch jury nominated to confift of thirty perfons, 
out of which each party fhall have liberty to ftrike fix, and the remaining eighteen 
fhall be impanneled to try fuch caufe, and the jurors fo named and ftruck, fhall ac- 
cordingly be fummoned by the provoft marfhal to appear at the faid fpecial court, a 
ventre facias being iffued for this purpofe. 

III. 



* Amended by aft of 1766, No. 143. 



LAWS OF GEORGIA. 9 i 

III. And be it further enacted, That if any perfon fummoned on fuch fpecial jury A. D. 1763. 
fhall not appear, or on appearance fhall refufe to be fworn, that then it fhall and may No - I0 5- 
be lawful for the faid court to fine every fuch juror in a fum not exceeding four pounds, Pen aity on ju- 

rors not 3.DDC3,r» 

and each of the jurors fworn on fuch trial fhall be paid by the party prevailing five ing. 
{hillings, which (hall be allowed him in cofts ; Provided always, That in cafe a fuffi- jurors fwont 
xient number of jurors fhall not appear for the trial of fuch caufe, that then it (hall how P aid * 
and may be lawful for the court to order the deficiency to be made up from any perfons Pr0Vlfo ' 
then prefent in court, or in Savannah, as they fhall judge fit, who fhall thereupon 
be fworn on fuch jury, and in cafe of refufal, fhall and may be fined as herein before 
mentioned. 

IV. And be it further enabled, That no final judgment fhall be entered, or execu- Final judgment 
tion iflued, until the third day inclufive from the day of trial, and fuch court fhall be e^utionfo^f- 
adjourned accordingly, that the party againft whom a verdict fhall be given, may be fue under .tkree 
at liberty to move in arreft of judgment, or to appeal therefrom, if he, fhe or they ays ' 

fhall think fit. 

V. And be it further enabled, That where any fuit or action, in the general court A fpecial court 
of pleas, fhall be commenced againft any fhip matter, fupercargo, or other tranfient ^fo/any^tran- 
perfon or perfons, for any matter arifing during his, her or their continuance in this fient perfons 
province, as aforefaid, it fhall and may be lawful for the chief juftice or either of the 

juftices, as aforefaid, and they are hereby required, on petition and affidavit, as afore- 
faid, to order and appoint a fpecial court for the trial and determination of fuch fuit 
in like manner as herein before is provided.* 

LEWIS JOHNSON, Speaker. 
JAMES HABERSHAM, PreftdenU 
James Wright. 
April i, 1763. 

* ThisacT: is recognized by the conftitution of 1777, and of 1789, 



A. D. 1764. 
An Aclfor appointing commiffioners to rebuild the court houfe in the no. 106. 

totvn of Savannah^ ivith jury rooms-, and other conveniencies ne- 

cejfary for the faid houfe , and to empower the faid commiffioners to 

difpofe of the materials of the old court houje* 

WHEREAS the court houfe in the town of Savannah, where his majefty's Preamble. 
courts for the province of Georgia are held, is now reduced to a decayed 
and ruinous condition, and it being of the utmoft importance to this province fpee- 
dily to rebuild the fame, together with jury rooms, and other conveniencies for the 
faid court-houfe, which have not been hitherto provided : 

I. Be it therefore enabled, That as foon as conveniently may be after the pafling Ena&ed. 
of this ad, the old court houfe in the town of Savannah, being now in Wright- sSn^hto te 
fquare, fhall be pulled down, another court houfe, in its ftead, with jury rooms, rebuilt. 
and other necefiary conveniencies, fhall be erected or rebuilt in the fame place or lot. 

II. 



<j2 DIGEST OF THE 

A. D.i 764. II. And be it further enaEledy That his excellency the governor or commander in 

No. 106. chief of this province for the time being, the chief juRice, affiftant judges, and 

Commiffioners attorney general for the time being, Jofeph Ottolenghe and Henry Yonge, Efquires, 

appointed with , , , , , , . \ . . . „ a ,.-,;} „,, 

certain powers, be, and they are hereby nominated and appointed commiiiioners* to put this acx in 
execution, and they, or any three of them, are hereby empowered, authorifed and 
required, to fix upon fuch a convenient plan, as fhall not, when completely exe-. 
cuted, exceed the fum of fix hundred pounds fterling, and to contract for mate- 
rials, and to agree with workmen for the rebuilding of the aforefaid court-houfe, 
and the additional parts herein before mentioned ; and the aforenamed commiffi- 
oners, or any three of them, are hereby alfo empowered and authorifed to fell, if 
they fhall fee it necefTary, all or any part of the. materials belonging to the. faid old 
court-houfe, by a public fale, to the beft bidder, and the money arifing from fuch 
fale, fhall be applied by the aforefaid commifTioners towards the rebuilding of the 
faid court-houfe. 
Expences of HI. And be it enabled, ..That the commiffioners, or any three of them, are hereby 

yaiVby the authorifed and empowered to certify the expence of rebuilding the faid. court houfe 
treasurer. to the governor and council, who. fhall give orders on the treafurer of this province, 

for the faid feveral expenses aforefaid, to be paid by him out of the monies already 
provided, or hereafter to be provided for that purpofe. 
Vacancies how IV. And be it enabled, That in cafe any of the commifTioners herein before named 
and appointed, fliall die, depart the province, or refufe to act, the remaining com- 
mifTioners, or any three of them, fhall, as Toon as convenient, notify the fame to 
the governor or commander in chief for the time being, who is hereby authorifed 
and empowered to appoint and nominate one or more in the room of fuch as fhall 
die or depart the province, or refufe to act. 
Commiffioners V. And be it further enabled, That the commifTioners appointed by virtue of this 

laid hefor° 'the a< ^ ^ a ^ * a y t ^ e ' r accounts °f ^ e monies by them received and expended in the 
*ffembiy. rebuilding of the faid court houfe before the general afFembly, when thereunto 

required. 

\ LEWIS JOHNSON, Speaker. 

JAMES HABERSHAM, Prefdent, 
James Wright. 
February 29, 1 764. 
* Mayor and aldermen are now commiffioners. See act of 1.791, No. 45a. 



No. 107. An ordinance re-appointing William Knox, Efquire, agent, to folicit the affairs of this 

province in Great Britain.. 
February 29. 
Objohte. 



No. 108. An Atl for further amending an abl, entitled " An at! to empower the feveral furveyors 

therein named to lay out public roads in the province of Georgia. 
February 29. 

Obfokte. Jn 



LAWS OF GEORGIA, 93 

An Act for further continuing an act, entitled " An atl to prevent wafers of vefflsfrom A. D. 1764, 

carrying off perfons in debt from this province" ^°- i-9- 

February 29. 

Obfokte. — See at! No. 50. 



An, Atl to enable the commiffioners appointed in and by an act of .the general off embly cf No-n- 
this province, entitled " An atl for the repairing of Chrijl church in Savannah" to 
difpofe of fuch materials, as have already been provided for rebuilding of the f aid church 
in Savannah , and to place out at inter ejl the monies ar'fing by J ale thereof together with 
the monies provided by fever al ails of affembly for repairing and rebuilding of the f aid- 
churchy and noiv in the hands of the treafurer.. 

February 29. 
Obfolete.. 



An Acl to fupprefs lotteries, and prevent other excejfive and deceitful No. in. 

gaming.* 

WHEREAS many good and wholefome ftatutes of Great Britain have from Preamble. 
time to time been enacted and eftablifhed to prevent lotteries and gaming, 
and great mifchiefs are daily found to arife from fuch practices, both to trade and 
the community in general, as many idle, loofe, and diforderly perfons find means 
thereby to fupport themfelves in a difhoneft, diflblute courfe of life, and the younger 
fort of people, and others, are frequently drawn in and deceived, to the lofs of 
their time and ruin of their fortunes, Be it therefore enacted, That from and after the EnaffeJ: 
paffing of this act, if any perfon or perfons fhall erect, fet up, or expofe to be played, Perfons escca- 
drawn, or thrown- at, or fhall caufe or. procure to be erected, fet up, expofed to be ftp&k^jocT"' 
played, drawn, pr thrown at, any lottery, under the denomination of afale or fales; of 
houfes, lands, plate, jewels, fhips, goods, or other things, or for money, or any un- 
dertaking whatfoever in the nature of a lottery, by way of chances, either by dice, 
lots, cards, numbers, figures, or tickets, or fhall make, print, advertife, or publifh, 
or caufe to be made, printed, advertifed, or publifhed, propofals or fchemes for ad- 
vancing fmall fums of money, by feveral perfons, amounting in the whole to large 
fums, to be divided among them by chances of prizes, or fhall deliver out,, or caufe 
or procure to be delivered out, tickets to the perfons advancing fuch fums, to entitle 
them to a fhare of the money fo advanced, according to fuch propofals or fchemes, or 
fhall expofe to fale any houfes, lands,, plate, jewels, fhips, or other goods or chattels, 
by any game, method or device whatfoever, depending upon, or to be determined by 
any lot or drawing, whether it be out of a box. or wheel, or by cards or dice, or by 
any machine, engine, or device of chance of any kind whatfoever, or fhall be ad- 
venturers in, or pay any monies or other confederation, or any ways contribute unto 
any of the faid games, lottery or lotteries, fale. or. fales, fuch perfon or perfons, and 

every 

* See an additional act paffed in 17655 No. 1x2 ; and acl; of 1777, No, 232.. 



9 4 DIGEST OF THE 

A. D. 1764. every or either" of them, on being convicted thereof, on the oath or oaths of one or 
No. in. more credible witnefs or witneffes, or on the confefiion of the party or parties 
accufed, (hall forfeit and Iofe the fum of five hundred pounds lawful money of this 
province, to be recovered by action of debt, or information, in the general court of 
pleas, the one moiety of fuch forfeiture to be to his majefty, for the fupport of the 
government of this province, and the other moiety to the informer : And all and 
, every fuch fale or fales of houfes, lands, plate, jewels, fhips, goods, and other 

Sales, &c. de- ' ..... i_ j • 1. /■ 

clared void, things, by any game, lottery or lotteries, machine, engine, or other device whatlo- 
ever, depending upon, or to be determined by chance or lot, (hall, and are hereby 
and whatfoever declared to be void to all intents and purpofes •, and whatever (hall be fo fet up, and 
fliajl be fet up expofed to fale, {hall be forfeited to fuch perfon or perfons who (hall fue for the fame, 
to he forfeited. ^ a £i onj bill, plaint, or information, in his majeRy's general court of pleas of this 
province, wherein no aflbign, protection, wager of law, or more than one impar- 
lance, fhall be allowed : And in cafe of any offender againft this act, not having Ef- 
ficient goods and chattels, whereon to levy the penalty hereby inflicted, or not imme- 
diately paying the faid penalty, or giving fecurity for payment thereof, it fhall and 
may be lawful for the juflice before whom fuch perfon or perfons fhall be convicted 
to commit him or them to prifon, there to continue and remain for any time not ex- 
ceeding twelve months. 
Bonds, bills, II. 4"d be it enafted, That from and after the paffing of this aB, all bills, bonds, 

&c. on account judgments, mortgages, notes of hand, or other fecurities or conveyances whatfoever, 
ofgam.ng to be ^^ grante d, drawn, or entered into, or executed, by any perfon or perfons whatfo- 
ever, where the confideration of fuch conveyance or fecurities fhall be for any mo- 
nies or other valuable things whatfoever, won by gaming, or playing at cards, dice, 
tables, tennis, bowls, or other game or games, bet or bets, chance or chances of any 
kind whatfoever, or by betting on the fide or hands of fuch as do game at any of the 
games aforefaid, or for reimburfing or repaying any money knowingly lent or ad- 
vanced at the time and place of fuch play to any perfon or perfons fo gaming or bet- 
ting as aforefaid, or who fhall during fuch game fo play or bet, fhall be utterly void 
and of none affed to all intents and purpofes whatfoever, any flatute or ufage to the 
contrary thereof notwithstanding ; and where fuch mortgages, fecurities, or other 
conveyances, {hall be of lands, tenements, or hereditaments, or fhall be fuch as 
incumber or affect the fame, fuch mortgages, fecurities, or other conveyances, fhall 
inure and be to and for the fole ufe and benefit of, and fhall devolve upon fuch perfon 
■or perfons as fhould or might have, or be entitled to fuch lands, tenements, or here- 
ditaments, in cafe the faid granter or granters thereof, or the perfon or perfons fo 
incumbering the fame, had been naturally dead, and as if fuch mortgages, fecurities, 
«r other conveyances, had been made to fuch perfon or perfons fo to be entitled after 
the deceafe of the perfon or perfons fo incumbering the fame; and all grants and 
conveyances to be made for the preventing fuch lands, tenements, or hereditaments, 
from coming to, or devolving upon fuch perfon or perfons hereby intended to enjoy 
the fame as aforefaid, fhall be deemed fraudulent and void, and of none effe.a. 

XI 1 • 



LAWS OF GEORGIA. $g 

III. And be it enaffed, That any perfon or perfons whatfoever, who, at any time A. D. 1764. 
or times, fitting or fittings, within the fpace of twenty-four hours, by playing at No - ,1T « 
cards, dice, tables, or other game or games, or by betting on the fides or hands of Mone '>' ) oft h J 

' 3 ' ° . gaming how to 

fuch as do play at any of the games aforefaid, (hall lofe to any one or more perfon or be recovered- 
perfons fo playing or betting, in the whole the fum or. value of Eve millings, lawful 
money of this province, and {half pay or deliver the fame, or any part thereof, the 
perfon or perfons fo lofing, and paying and delivering the fame, fhall be at liberty, 
within three months then next following, and not after, to fue for and recover the 
monies or goods fo loft, and paid or delivered, or any part thereof, from the rcfpec- 
tive winner or winners thereof, with cofts, by a warrant from a juftice of the peace,. 
in nature of a warrant for debt, founded on this a<fr, in cafe the monies or goods fo 
loft and paid or delivered, (hall not exceed the value of eight pounds, lawful money 
of this province ; and in cafe the monies or goods fo loft, and paid or delivered, (hail 
exceed that fum, the lofer (hall and may recover the fame from the winner or win- 
ners, with cofts, by aclion of debt, founded on this aft, to be profecuted in his 
majefty's general court of pleas in this province, in which action or fuit, no effoign, 
protection, wager of law, privilege, or more than one imparlance, (hall be allowed ;, 
and in which action or fuit it fhall be fufficient for the plaintiff to allege that the 
defendant or defendants are indebted to him,, or received to the plaintiff's ufe, the 
monies fo loft and paid, or converted the goods won of the plaintiff to the defendant's 
ufe, whereby the plaintiff's action accrued to him according to the form of this acl* 
without fetting forth any fpecial matter ; and in cafe the perfon or perfons who fhali 
lofe fuch money, or other things as aforefaid, fhall not, within the time prefcribed,, 
really, and bonafide^ fue, and with effect profecute, for the monies or other things. 
fo by him or them loft and paid,, or delivered as aforefaid, it fhall and may be lawful 
to and for any perfon or perfons, by any fuch action or fuit as aforefaid, to fue for 
and recover the fame, with full cofts of fuit, againft fuch winner or winners as 
aforefaid, unlefs fuch winner or winners, within ten days after the winning fuch 
money or things, {hall repay or re-deliver to the lofer fueh money or things fo won 
and received as aforefaid, together with fuch cofts of fuit as may have accrued before 
the re-payment or re-delivery of fuch money or thing, the one moiety of the money or 
thing fo recovered fhall be to the ufe of the perfon or perfons (other than the perfon. 
lofing) who fhall fue for the fame, and the other moiety to the ufe of the poor of 
the parifh where the offence fhall be committed. 

IV,. And, for the better difcovery of the monies or thiags fo won and received, perfons fued for 
and to be fued for and recovered as aforefaid, It is hereby further enafled. That all mon . e y won °Y 

, J J gaining) com- 

and every the perfon or perfons, who,, by virtue of this prefent act, fhall or may be peiled to difco- 
liable to be fued for the fame, fhall alfo be obliged and compellable to anfwer upon oath ^oath am ° 
fuch bill or bills in equity as fhall be preferred againft him or them, for discovering 
the fum or fums of money, or other things, fo won and- received at play as afore- 
faid; Provided iteverthelefs t That, upon the difcovery and repayment of the money 
or other thing fo to be difcovered and repaid as aforefaid, together with the cofts 
that may have accrued,, fuch perfon or perfons fhall be acquitted,, indemnified, and- 

discharged. 



pi DIGEST OF THE 

A. D. S764. difcharged from any further or other punifhment, forfeiture, or penalty inflicted 
No. 111. by this act. 

V. And be it enatfed. That if any perfon or perfons whatfoever, at any time or 
times after the paffing of thjs act, by fraud, fhift, cozenage, circumvention, deceit, 
or unlawful device, or ill practice whatfoever, in playing at or with cards, or dice, 
or any of the games aforefaid, or in bearing a fhare or part in the (takes, wagers, or 
adventures, or in or by betting on the fides or hands of fuch as do or {hall play as 
aforefaid, do, or fhall win, obtain or acquire to him or themfelves, or to any other 
Perfons win- or others, any fum or fums of money, or other valuable thing or things whatfoever, 



nine 



tares the 
mount. 



ng money, then every fuch perfon or perfons fo winninp-, by fuch ill practice as aforefaid, being 

&c. by fraud, to . _ ' ' , i i ■■' 

forfeit four convicted thereof, upon an indictment to be exhibited againft him or them for that 
purpofe, fhall forfeit four times the value of the fum or fums of money, or other 
things fo won as aforefaid, to the perfon or perfons profecuting, and alfo fhall fuffer 
fuch corporeal punifhment as the court before whom the fame fhall be tried (hall think 
fit to inflict, not extending to the lofsof life or member. 

Penalty for VI. And, for preventing fuch quarrels as (hall or may happen upon the account of 

fighting on ac- gaming Be it further enacled, That in cafe any perfon or perfons, upon account of 
count of gam- £*. e . .. . ' r 

ing. any money won by gaming, playing, or betting, at any of the games aforefaid, fhall 

nffault and beat, or challenge or provoke to fight any other perfon or perfons, fuch 
perfon or perfons fo aflaulting, beating, challenging, or provoking to fight, on being 
thereof convicted, upon an indictment or information to be exhibited againft him or 
them for that purpofe, fhall forfeit to his majefty, his heirs and fucceffors, the fum 
of twenty pounds lawful money of this province, for the ufe of the faid province, and 
fhall alfo fuffer imprisonment not exceeding fix months, without bail or main-prize. 
Occupiers of VII. And whereas the occupiers of many licenfed public houfes, and of other 

jfc r k^ 1 ?' houfes wherein liquors are fold, frequently fuffer gaming therein, and apprentices, 
fine for fuffer- overfeers, journymen, laborers and fervants, by means thereof, not only mifpend 
'thfr -| amins their time, but are often reduced to poverty and diftrefs, Be it therefort enacled, 
That from and after the firft day of June next, after the paffing of this act, if any 
perfon or perfons licenfed to fell any forts of fpiritous liquors, or who fhall fell or 
fuffer the fame to be fold in his, her or their houfe or houfes, or in any out houfes, 
grounds, or apartments thereto belonging, fhall knowingly fuffer any gaming with 
cards, dice, draughts, fhuffle boards, billiard tables, (kittles, nine-pins, or at or with 
any other games, or implements of gaming, in his, her, or their houfes, or out 
houfes, ground, or apartments thereunto belonging, by any apprentices, overfeers, 
journeymen, laborers or fervants, and fhall be convicted of the faid offence, or their 
own confeffion, or on the oath of one or more credible witnefs or witneffes, (exclu- 
five of the perfon giving information thereof) before any juilice or juftices of the peace 
of the parifh or place where the offence fhall be committed, within thirty days after 
fuch offence, he, fhe, or they fo offending, fhall forfeit for the firft offence the 
fum of twenty (hillings lawful money of this province, and for every like offence he, 
fhe, or they fhall be afterwards convicted of, the fum of forty (hillings, to be levied 
by diftrefs and fale of the offender's goods, by warrant from the juftice or juftices, 

before 



LAWS OP GEORGIA. 97 

before whom fuch offender or offenders (hall be convicted ; one moiety of which faid A. D. 1764:. 
forfeitures Avail be paid to the church-wardens and veftry of the pavifh or place where No. in. 
the offence fhall be committed, for the ufe of the poor there, and the other moiety 
thereof to the perfon or perfons on whofe information fuch offender fhall be convict- 
ed ; and for want of fufficient diftrefs, it mall and may be lawful for fuch juflice or 
juflices to commit fuch offender or offenders to prifon, not exceeding ten days, or 
until the money fo forfeited fhall be paid. 

VIII. And be it further entitled, That from and after the faid fir ft day of June Certain perfons 
next, if any apprentice, overfeer, journeyman, laborer, or fervant, fhall game in fj^houfes Alb- 
any houfe, out houfe, ground, or apartments thereto belonging, wherein any liquors \ e & to fine and" 
fhall be fold, and fhall be thereof convicted, by the oath of one or more credible wit- 

nefs or witnefles, or on his or their own confefhon, every fuch offender fhall forfeit 
and pay the fum often fhillings for every fuch offence, to be levied by diftrefs and 
fale, and applied as aforefaid ; and in cafe no fufficient diftrefs can be found, fhall 
be committed to prifon, not exceeding the fpace of five days, or until the money fo 
forfeited fhall- be paid. 

IX. And be it further enacled, That it fhall and may be lawful to and for any juf- juffkes of the 
tice or juflices of the peace of any parifh or place in this province, and he and they is ^[^ the^xe- 
and are hereby required, upon complaint on oath of any offence committed againfl anion of. this 
this act, to iffue his or their warrant to fome conftable of the parifh where the offence 

fhall be charged to have been committed, or where the offender fhali refide, for 
bringing before him or them, or fome other juftice of the fame, parifh, the perfon or 
perfons charged with fuch offence, and fuch juflice or juflices are authorized to hear 
and determine the matter of fuch complaint, and to proceed to judgment thereupon ; 
and if it fhall appear by oath of any credible perfon, that any one within the faid jus- 
tices jurifdicTtion, can give material evidence as to any offender againfl this act, or on 
behalf of the perfon accufed, and will not voluntarily appear to be examined, fuch 
juftice or juflices may and fhall iffue his or their fummons to convene every fuch. 
perfon before him or them to be examined on oath touching the premifes, and in cafe 
of refufal to be examined, without juft caufe, it fhall be lawful for fuch juftice or juf- 
tkes to fine fuch perfon or perfons in a fum not exceeding forty millings, and in de* 
fault of payment thereof in five days, to commit fuch perfon to prifon for a term not 
exceeding ten days, or until the faid fine fhall be paid, and the expence attending 
fuch commitment fhall be borneand paid by the party or parties offending againfl this 
act, if of ability to pay the fame, and if not, the fame fhall be paid by the public in 
like manner as is done for conveying criminal's to gaol'. 

X. Provided always, and be it enacted, That in all proceedings purfuant to this wfiat perfons 
ac~l, any inhabitant of the parifh or place where the offence fhall be committed fhail deemed coirge- 

tent witnefles 

be deemed a competent witnefs, and fhall give evidence, notwithstanding, his,, her, or bythisadi. 
their being an inhabitant of fuch parifh or place. 

XI. And be it alfo enacled, That if any juflice of the peace, or conftable^ fhall re- juilkesempow- 
ceive information from any credible perfon, or fhall himfelf know, or have reafonable ered l ° break 

' * _ ' . I A open doors in 

qj j.uft caufe to-fufpect, that, any fuch perfons as aforefaid are gaming contrary to the feizing perfons 

N intention offendin S- 




yS DIGESTOFTHE 

A. 1). 1764. intention of this act, in any licenfed public houfe, or other houfe felling liquors, it 
No. in. fhall and may be lawful for fuch juftice or conftable, taking with him two credible 
perfons, to enter into the fame, demand being firft made for fo doing, and in cafe of 
refuiVd to break open the doors of fuch houfes, and to fearch for, feize and apprehend 
any perfon or perfons fo gaming as aforefaid, in order to his or their being proceeded 
againft for fuch offence according to law. 
Appeal allowed XII. Provided always, and it is further enabled, That any perfon or perfons who 
irom the jufti- ft u u xh.\vik him or themfelves aggrieved by the determination of any iuftice or iuftices 
tion to the ge- of the peace, may appeal therefrom to the general court of pleas, and the party appeal- 
nerai court. j n ^ n^jj gj ve re afon?.ble notice thereof to the profecutor, and enter into a recognizance 
with two fureties for profecuting the fame with -effect ; and in cafe the judgment or 
convicYion of fuch juftice or juftices mall be confirmed, the party appealing fhall 
pay treble cofts. 
A public ad. XIII. And be it further enabled, That this a<£t fhall be deemed a public a£t, and 

fhall be taken as fuch by all judges, juftices, and magiftrates, and in all courts within 
this province, without fpecial pleading ; and fhall continue in force for the fpace of 
feven years, and from thence to the end of the next feffion of the general affembly and 
no longer.* 

LEWIS JOHNSON, Speaker. 
JAMES HABERSHAM, Prefdent. 
James Wright. 
February 29, 1 764. 

* There appears to have been no feffion from 1770 'till 1773. By aclof 1773, No. 224, this act was further 
continued for one year, and to the end of the next feffion of the general affembly which was held in the year 
1777— further continued by acts of 1777, No. 136—1778, No. 257— 1781, No. 263—1783, No. 379— and 
finally made perpetual by ad of 1784, No. 287. 



No. us. An Acl for granting to his majejly the fum of £2117 13 o\ flerling for the ufe and fup- 
port of the government of Georgia for the year 1764, to be rmfed at certain rates, and 
after the method therein mentioned, and for the more effeblual collecting of arrears. 
February 29. 

Obfolete. "' ': _^_______^_______ 



No. 113. An Acl for the piinifhment of vagabonds^ and other idle and diforderly 
perfons, and for creeling prifons or places offecurity, in the fever al 
Darifhes of this province ; and for preventing trefpafjes on lands of 
the crown, or lands refervedfor the Indians, and for the more ef- 
fectual fuppr effing and punifhing perfons bartering with the Indians 
in the ivoods. 

SO much of this a£t as refpects vagabonds, re-ena&ed with alterations, by act of 
17S8, No. 391. 
Trading .with Indians, obfolete^- being under the regulation of Congrefs. 



VIL 



; f Amended by act of .1788, No. 39,1. 



LAWS OF GEORGIA. 99 

VII. And be it further enaFted hy the authority afore/aid, That if any perfon or A.D. 1764; 
perfons, after the paffmg of this aft, fhall prefume to erect or fet up any houfes or No - I! 3- 
huts on the lands refervecl for the Indians, as hunting grounds, or for their own ufe, ^f on hnrbr'c- 
or (hall trefpafs thereon by hunting, fuch perfon or perfons being thereof' convicted, ferved for indi* 
in the manner before mentioned, touching trading or bartering with the Indians in *nd pwdlhttU! 
the woods, fliall be liable to the fame penalty and punifhment as in thateafe is inflicted ; 

and the juftice before whom the complaint is made, mall or may order fuch huts. and 
buildings thereon made or being, to be deftroyed, and fhall likewife bind over the 
offender for his appearance at the next feffions, or otherwife -commit him to gaol, as 
before mentioned. 

VIII. Refpedting gaols. 

IX. And -whereas it hath been the common practice of many perfons in the back Perfons feating 
fettlements of this province, to feat themfelves without authority on lands of the yic lafids- 
crown, by building huts, clearing of land, and planting thereon, and have aifo fo far wirhout proper 
affumed to themfelves a right to faid land, by fuch fearing, building and planting, as "^Idte and ™£ 
to fell the fame to the next comer, and from thence removing to fome more, dift ant orderly, and 
part, have repeated the fame practice, to the manifeft detriment of fuch purchafers m ^Vtobe dem- 
and others, who would become ufeful fettlers by cultivating and improving the faid flroysd. 
lands, by authority of the king's grant ; for remedy whereof, Be it further enafled 

by the authority afore/aid, That from and after the pafling this act, if any perfon or 
perfons mail be found fearing him, her or themfelves, on any. vacant lands of. the 
crown, building huts or houfes, or clearing and planting the fame, and not having 
applied for and obtained fuch authority for fo doing, as the governor or com- 
mander in chief of this province in council fhall direct, fuch perfon or. perfons fo. 
offending fhall be deemed idle and diforderly perfons, within the true. intent and 
meaning of this act j and on conviction of any fuch offender or offenders, before 
any of his majefty's juftices of the parifh where the offence may be committed,, fuch, 
juftice or juftices fhall, and they are hereby re-quired, by a wricten order under his or 
their hands and feals, directed to a lawful conftable of the faid province, to warn 
fuch perfon or perfons fo unlawfully fettling on the king's lands, to leave the fame 
within three months after fuch warning given, and in cafe of refufal, after the ex- 
piration of the faid term, the perfon or perfons fo feated as aforefaid, not having 
applied for and obtained a proper authority for continuing on the faid lands, and 
prove the fame before a magiftrate of the faid parifh, the juftice or juftices aforefaid 
may and are hereby required to direct any conftable, by warrant, for 'that purpofe, to 
deftroy the huts, building, and fences of fuch offender or offenders againft this aci, 
the expence of fuch warning or removal to be paid by the offending party, if of abi- 
lity, and upon refufal, to be levied by warrant of diftrefs ; but if fuch offender is not : 
of ability to pay the fame, it being duly proved, fhall be paid by the public in like 
manner as for conveying criminals to -gaol*. 

• XIL 



100 



DIGEST OF THE 



A. D. 1764. 

No. 113. 



XII. And be it enaBed by the authority aforefaidy That this aft (hall continue and be 

in force for the terra of two years, from the time of paffing thereof, and from thence 

to the end of the next feffion of the general aflembly, and no longer.*' 

LEWIS JOHNSON, Speaker. 

JAMES HABERSHAM, Preftdent. 
James Wright. 

February 29, 1764* 

* Further continued by feveral acts 'til 1773, tn e« continued for one year and to the end of the next general 
aflembly, which was held in 1777— further continued by acT: of that year, fee No. 236; and finally made per- 
petual by acfl of 1784, No. 287. 



*BMsasss^e 



No. 114. 



Preamble. 



Enacted 

Executors 
admin i fixators, 
their duties. 



An Acl to direel executors and adminifirators in the manner and method 
of returning inventories and accounts of their tejlators and int eflates 
ejiates, and for allowing them and all other p erf on s ut) ho fhall or may 
be intrujled <with the care and management of minors and other ef- 
tateS) to charge commiffions thereon. 

WHEREAS, for preventing any fraudulent difpofition or embezzlement of 
the eflates of perfons deceafed, it is highly expedient that executors and 
adminiftrators mould be obliged to render true and perfect inventories and appraife- 
ments of the eflates and effects of their teftators and inteftates come to their hands 
and poffeflion ; And ivherens it is alfo fit and reafonable, that, as well executors and 
aclmimftrators, as all guardians and truftees, fhall have an allowance for their trouble 
and care in the management of the eftates committed to their truft ; 'Therefore be it 
e'latledy That from and after the paffing of this at~r., all and every executorf and ad- 
and miniftrator, who (hall, before the ordinary of this province for the time being, or fuch 
perfon as he fhall depute or appoint, qualify him, her or themfelves, for the admi- 
niftration of the eftate and effects of his, her, or their teftator or inteftate, fhall upon 
oath be bound to produce and fhew to the appraifers that fhall be appointed by the 
ordinary for that purpofe, or any three or more of them, all and fingular the goods 
and chattels of his, her, or their teftator or inteftate, as have or fhall come into his, 
her or their, or either of their hands, poffeffion or knowledge, and within fixty days 
after fuch his, her, or their qualification, fhall caufe to be made a true and juft ap- 
pvaifement, upon oath, of all and fingular the goods and chattels aforefaid, and exhi- 
bit, or caufe to be exhibited the faid appraifement, certified under the hands of any 
three or more of the appraifers aforefaid, within four:}: months after fuch his, her, or 
their qualification, together with a full and perfect inventory of all and fingular the 
rights and credits of the faid teftator or inteftate, whether the fame be in ready money, 
judgments, bonds, or other fpe-cialties, or notes of hand, together with a lift orfche* 

dule 



f Executors may be compelled to give fecurity — See acl: of 1792, No. 476, fe&. 1. 
i Altered to three months by act of 1792, No. 476, fc£t. 2. 



LAWS OF GEORGIA. 



IOI 



<lule of the books of account of fuch teftator, to which books all parties concerned 
{hall, upon requeSt, and at convenient times, have free accefs ; and every fuch exe- 
cutor and administrator fhall be, and they are hereby made chargeable with the real 
value of the goods and chattels in the faid inventory contained, and with fo much of 
the credits only as he, fhe or they, after due care and proper diligence, mall recover 
and receive, in like manner as executors and adminiftrators are made chargeable by the 
common and ftatute law of England. 

II. And be it further enacJed, That no letters testamentary or of administration, 
fhall be granted before the perfons applying for the fame do feverally and reflectively 
take the following oath, ( mutatis mutandis ) You, A. B. (if executor) do fwear, that 
you believe this to be the laft will of CD. deceafed; or you, A. B. (if an administra- 
te *) do fwear, that C. D. deceafed, made no will, as far as you know and believe, 
and that you will produce to fhew and inform the appraifers that fhall be appointed 
by the ordinary, all and lingular the goods and chattels of the faid C. D. deceafed, as 
already have, or fhall, before the day of making the appraifement, come into your 
hands, pofTeffion or knowledge, and that you will well and truly administer all and 
lingular the goods, chattels, rights and credits of the faid deceafed, and pay his 
debts and legacies, as far as his eftate will extend, and the law charge you ; and 
that you will make a true and perfect inventory of all the rights and credits of the 
faid deceafed, whether the fame be in ready money, judgments, bonds, or other Spe- 
cialties, or notes of hand, together with a Jilt or Schedule of the books of account 
of fuch teftator and inteState perfon, and exhibit, or caufe to be exhibited, the 
faid inventory and Schedule, together with the appraifement of the faid deceafed's 
goods and chattels, certified under the hands of three or more of the appraifers 
aforefaid, into the fecretary's office of this province, within the time prefcribed by 
Jaw. 

III. And ibhereas, a cuftom hath prevailed among executors and administrators, 
of taking eftates, or fome part thereof, at the appraifement, when fuch appraife- 
ment hath often been under the real value ; for prevention whereof for the future, 
Be it enabled, That no executor or administrator fhall hereafter be permitted to take 
any eftate, or any part thereof, at the appraifement, and that no appraifement to 
be made as aforefaid fhall be binding or conclufive,f either upon the creditors, le- 
gatees, next of kin, or other perfon interefted in fuch eftate, or upon the exe- 
cutors or adminiftrators, but all and every fuch executor and administrator fhall be 
chargeable and accountable for the true value of fuch eftate, any practice to the 
contrary notwithstanding. 

IV. And be it further enacted. That all intended fales of goods and chattels be- 
longing to teftators or inteftates, fhall be publifhed in two or more public places in 
the parifh where fuch effects are to be fold, and in the gazette, at leaft forty days 
before the day of fuch intended fale. 

V. 



A. D. 1764 

No. 114. 

Made chargea 
ble with all 
goods and chat 
tels inventoried 



Oath of perfons 
applying for 
letters. 



Executors and 
adminiftrators 
not allowed to 
take eftates at 
the appraife- 
ment, but fhall 
be accountable 
for the true va- 
lue thereof. 



Sales of goods, 
&c. how to be 
publifhtd. 



* The form of adminiftrator's oath is prefcribed by 6th feet, of the aclof 1792, No. 476. 
-j See 2d fed., of act of 1792, No, 476, to like effect. 



102 



DIGEST OF THE 



A. D. 1764. 

No. 114. 

Debtors ap- 
pointed execu- 
tors not to be 
freed of any 
debt, unlefs tx- 
prefsly declared 
in the tcilator's 
will. 

.Appraifcrsto be 
• worn. 



Their oath. 



Bond and fecu- 
rity to be given 
by perfons ob- 
taining letters 
of adminiftra- 
tion. 



Principal credi- 
tors not to ob- 
tain letters but 
in truil for the 
reit. 

Debts of equal 
dignity to be 
difcharged in a- 
verage as far as 
aifets. 

Adminiftrator 
to fue or em- 
power fome 
creditor to fue 
for debts out- 
standing. 

Dividend of in- 
teftates eftates 
when to be 
made. 



V. And be it further enaBed, That in cafe any perfon in the province (hall here- 
after happen by his will to appoint his debtor to be his executor, fuch appointment 
fhall not, in law or equity, be conftrued or deemed to be a releaie or extinguishment 
of any debt due to the teftator, unlefs the'teftator fhall in his will exprefsly declare 
his ..intention to devife, bequeath, or releafe fuch debt, any law, ufage, or cuilom 
to the contrary notwithstanding. 

VI. And be it further enaBed> That no appraifers, that fhall hereafter: be appoint- 
ed to appraife any teflator or inteltate's goods and chattels, (hall enter upon that office 
before they (hall have taken the following oath, before one of his majefty's juftices 
of the peace of this province, who is hereby empowered to adminifter the fame: You 
A. B. C. I). E. F. do fwear, that you will make a juft and true appraifement of all 
and lingular the goods and chattels (ready money only excepted) of G. H. deceafed, 
as fhall be produced by 7. K. the executor or adminiftrator of the efiate of the faid Go . 
H. deceafed, and that you will return the fame certified under your hands, unto the 
faid Z K. executor or adminiftrator, within the time prefer ibed by law., 

VII. And be it further enaBedy That every perfon who fhall hereafter obtain 
letters of adminiftration from the ordinary of this province, fhall give bond* in the 
fecretary's office, with fufficient fecurity to be approved of by the ordinary, accord- 
ing to the ftatute of the twenty-fecond and twenty-third years, of: King Charles the 
fecond, for the better fettling of inteftates eftates.. 

VIII. And be it further enaBedy That no letters of adminiftration fhall hereafter 
be granted by the ordinary of this province to any perfon or perfons whomfoever, as 
principal creditor or creditors to any inteftate, but upon fpecial truft and confidence, 
and for the benefit of all and lingular the reft of the creditors ; and that all debts f 
of an equal nature fhall be difcharged by fuch adminiftrator or adminiftrators in ave- 
rage and proportion, as far as the affets of the inteftate {hall extend, and that no 
preference fhall be given among the creditors in equal degree ; and that every fuch 
adminiftrator and adminiftrators fhall be obliged to fue for fuch debts which he ox> 
they may reafonably expect to recover, or, at the requeft and proper charges of any 
of the creditors of the inteftate, affign and empower them, or any of them, to fue 
for the debts outftanding to the eftate of fuch inteftate, any law, ufage, or cuftom. 
to the contrary notwithftanding. 

IX. And) That no creditor or creditors, to be appointed adminiftrator or admi-- 
niftrators in truft, as herein before mentioned, may retain, in his or their hands the 
monies he or they fhall receive by virtue of fuch adminiftration, longer than neceffa- 
ry, Be it further enaBedy That every fuch adminiftrator or adminiftrators fhall, within 
twelve % months after the death of his or their inteftate, or after his or their obtain- 
ing adminiftration thereon, make a. dividend of the monies arifing from fuch intef- 
tates 



* See 8tk feet, of act of 1792, No. 476, prefcribing the form and manner of giving bond and fecurity. By . 
the* 9th feet, fecurities may be releafed;. and by the 10th feet, letters of administration granted to a widow 
may be revoked on her marriage. 

f The nth feet, of act ot 1792, No. 47$, points out the order in which debts are to be paid. By the lath? 
feet, notice is to be given to creditors. 

i By the 13th feet, executors and adminiitrators are exempt from fuit during that time. 



LAWS OF GEORGIA, 



103 



Executors and 
adminiftmors 
neglecling their 
duty made 
chargeable as 
executors in 
their own 
wrong. 

2 Black, com. 
P- 5°'fr 



tates eflates and effects, to and among the feveral creditors in like proportion as afore- A. D. 1764. 

mentioned ; and in cafe fuch eftate and effects fhall not then be wholly divided, a fe- No. 114- 

cond dividend thereof fhall be made within two years from the death of the inteftate, 

which fecond dividend fhall be final, unlefs any fuit (hall be then depending, or any 

part of the inteftate's eftate {landing out, or unlefs fome future eftate of the inteftate 

fhall afterwards come to the hands of fuch adminiftrator or adminiftrators, in which 

cafe he or they fhall, as foon as may be, convert fuch future eftate into money, and 

fhall, within three months after, divide the fame, to which effe£l it fhall be inferted 

in the condition of the bond to be given as aforementioned, on obtaining letters of 

administration. 

X. And be it further enacted, That every executor and adminiftrator who fhall 
not, within the time aforefaid, or within fuch further or other reafonable time as 
the ordinary fhall think fit to give, make and return into the fecretary's office afore- 
faid fuch inventory and appraifement as is herein before directed to be made and re- 
turned, and who mall make default in mentioning or inferting therein all or any of 
the credits or effects of his, her, or their teftator or inteftate, as aforefaid, which came 
into their hands to be adminiftered, every fuch executor and adminiftrator fhall be, and 
they, and each of them, are hereby made chargeable with, and fubject to the pay- 
ment of all and lingular the faid teftator's and inteftate's debts, legacies, and be- 
quefts, in the fame manner as executors of their own wrong* are fubje£ted and 
made chargeable by the common or ftatute law of England. 

XL And be it further enac?ed, That it fhall and may be lawful to and for all and 
every executor and f adminiftrator, guardian and truftee, for his, her, and their 
care, trouble, and attendance, in the execution of their, or either of their feveral 
duties and truft, to take, receive, or retain, in his or their hands, a fum not exceed- 
ing fifty fhillings for every hundred pounds which he, fhe, or they {hall hereafter 
receive, except on the appraifed value of any eftate that fhall come into their hands ; 
and the like fum of fifty fhillings for every hundred pounds which he, fhe or they fhall 
pay away in debts, legacies, or otherwife, (excepting alfo the delivering up any fuch 
eftate to the perfon or perfons entitled to the fame, during the courfe and continua- 
tion of their, or either of their management or adminiftration) and fo in proportion 
for any fum lefs than one hundred pounds; Provided neverthelefs, That no execu- Provifo. 
tors or adminiftrators, guardian, or truftee, fhall, where they have power fo to do, 
for his, her, or their trouble, in letting out and lending any fum or fums of money 
upon intereft, and again receiving the monies fo lent and let out, be entitled to re- 
ceive, take, or retain any fum exceeding the fum of twenty fhillings for every ten 
pounds for all fums arifing by monies let to intereft, fo to be by them ^received, and 
in like proportion for a larger or lefler fum,; And provided alfo y That no executor, 
adminiftrator, guardian, or truftee, who is or may be creditors of any teftator or 
inteftate, or to whom is or may be left or bequeathed any fum or fums of money, or 

other 

* The 13th fe6t. explains the manner in which executors and adminiftrators in their own wrong are made 
chargeable. 

| By act of 1792, No. 476, feet. I, they are to account annually or forfeit commiffions, and liable to fuit 
for damages. 



Comn^iffions of 
executors, <Scc. 



104 DIGEST OF THE 

A. D. 1764. other eftate or effects, {hall be entitled to any reward or commiffions for the payment 
No. 114. or retaining to themfelves any fuch debts or legacies, any law, ufage, or cuftom to 
the contrary notwithftanding. 

XII. But, as it may be very difficult to afcertain the proper and adequate allow- 
ance to be made in all cafes, and as the fums herein before allowed may not be fuf- 
ficient compenfation for the care, trouble, and. pains which executors, administrators, 
guardians, or truftees, may take in the management of their refpective trufts, in 
Executors, &c. fome particular cafes, Be it further enabled. That if any executors, adminiftrators, 
aclfon in the guardians, or truftees, who fhall have had extraordinary trouble in the management 
general court, f the eftates under their care, and {hall not be fatisfied with the fums hereinbefore 

for additional _ . •■. . - A ■ y 

commiflions. mentioned, iucn executors, administrators, guardians, or trustees, mail and may 
• .. be at liberty to bring an action in the general court of pleas for their fervices, and the 

No verdid to verdict of the jury, and judgment of the court thereupon, {hall be final and conclu- 
than ra?° r *«r ** ive * n ^" uc ^ ca ^ es » Provided always. That no verdict fhall be given for more than fifty 
cent, over/ {hillings per cent, over and above the fums allowed by this act. 

Commiflions XIII. And be it further enabled, That the commiffions given by this act fhall be 

v'i!ied t0 C l ~ divided amongft executors, adminiftrators, guardians, and truftees, according to 
the proportion of the fervices by them refpectively performed, to be rated and fet- 
tled by the chief juftice and two of the juftices of the general court of pleas, in cafe 
the executors, adminiftrators, guardians, and truftees, cannot, agree amongft them- 
felves concerning the fame. 

XIV. And be it further enabled by the authority afdrefaid, That this act fhall be and 
continue in force for the term of feven years, and from thence to the end of the next 
feffions of aflembly, and no longer.* 

LEWIS JOHNSON, Speaker. 
JAMES HABERSHAM, PrefdenU 
James Wright. 
February 29, 1 764. 

* Further continued by act of 1773, and to the end of the next feflion of the general affembly which was held- 
in 1777 — further continued by acl: of that year, fee No. 236, and finally made perpetual by act of 1784, 
No. 287. 



h 



No, 115. J[ }1 At! for farther amending and explaining an acl, entitled " An acl for better reguht* 

ing the market in the town of Savannah" 
February 29, 1764. 

Now under the diretlion of the corporation. 



No. 116. ^ Acl for continuing fever al laws therein mentioned for regulating the militia; for the 
better ordering and governing negroes and other faves ; for the empowering furveyors te 
lay out public roads; for laying an impojl onfhipping; and to prevent horfef}ealitfg. 

May 29. 

Obfolete. 4* 



LAWS OF GEORGIA. icy 

An Acl to prevent the farther fpr ending of the f mall-pox in Savannah, and in other parts A. D. 1764. 

of this province. No, 117. 

May 20. 
Olfohte. 

An AH to prevent as much as may be the fpr ending of the f mull-pox in this province, jsr . 11 S.- 

December 7. 
Obfokte. 

A. 0.1765* 
An Ac~l for the better fir engthening and fettling of this province by No. 119. 

compelling the feveral perfons who claim to hold lands ivithin the 
fame under any grant or grants from his majefy, vuitnejfed by the 
governor of South Carolina, to bring or fend into this province a 
number of white perfons or negroes in proportion to the lands they 
, claim to hold, agreeable to his majefy* s royal infruclions for grant- 
ing lands, and to cultivate and improve the fame ; and for the bet- 
ter afcertaining the f aid feveral trails of land by regulating thefur- 
veys and marking the lines thereof and recording the feveral plats 
in the furvey or general* s office; alfo for regiflering and docketing 
fuch grants in the other proper offices in this province** 

"HEREAS fundry perfons hold or claim to hold great tracts and quantities Preamble. 
of very valuable lands to the fouthward of the river Alatamaha within this 
province by virtue of, or under grants from his majefty, witneffed by the governor 
of South Carolina, on pretence that thofe lands were then in the faid province of 
South Carolina. 

And luhereas it will be highly prejudicial to this province, in cafe the faid grantees 
do not bring or fend into the fame a number of white perfons, or negroes, in propor- 
tion to the lands they hold, or claim to hold as aforefaid, agreeable to his majefty 's 
royal infiructions for granting lands* in order to cultivate and improve the fame, or 
other lands within this province. And whereas the furveys or pretended furveys of 
the faid lands or the greatefl part thereof were made with fo much precipitation, that 
from various informations received, it appears very few, if any, of the faid tracts 
of land were actually furveyed or the lines run, and trees marked, agreeable to the 
ufual and Handing inftructions in that particular, and which is abfolutely necefiary 
for afcertaining the fame, by reafon whereof, not only great frauds and abufes may 
be committed, as well with refpe& to his majefly's rights, as in diminution of the 

O public 

* Ghery. —Whether the royal afient was ever obtained to this a& ? See attorney general's reports to 
coagrei's in 1796, p. 130. 




to6 DIGEST OF THE 

1 

A. D. 1765. public or provincial tax, but alfo for want of the lines being actually run and marked, 

No. 119. the taking up and improvement of the other lands contiguous to thofe granted iij 

Carolina as aforefaid, is greatly obftrucled, for few or no lines appearing, and no 

records or entry of the faid plats and grants being made in any of the offices in this 

province, by which the fituation of the faid lands may in anywife be dlfcovered or 

afcertained. The furveyor general and his deputies cannot know how or where to 

execute or run out fuch warrants for furveying and laying out the contiguous lands, 

as are now iffued by the governor of this province, to or for any perfon or perfons 

duly qualified to obtain the fame ; Wherefore for remedy of all frauds, abufes, in- 

Enadted. juries, and inconveniencies in and about the premifes, Be it entitled, That all and 

South Carolina every perfon and perfons whatfoever, to whom any lands, now within this province, 

fouth of the ri- nave Deen granted by any grant or grants from his majefly, witneffed by the governor 

ver Aitamaha f South Carolina, or their heirs and affigns refpeclively, and all others whatfoever 

how to be made .... , '. ■• ■• 111 1 ■ ■i- .-,'.■■ * • . 

known, and in holding or claiming to hold any lands withm this province under fuch grants as 
what manner to a f 0r efaid, fhall, and do within fix months from and after his majefly's royal approba- 
tion of this act, fhall be received by the governor or commander in chief of this pro- 
vince for the time being or notified to him and publifhed in the gazette of this pro- 
vince, appear before the faid governor or commander in chief in council, in their own 
proper perfons, or by their attorney or attornies lawfully conftituted and appointed, 
and fhall produce his, her and their grant or grants, for any lands fo held or claimed 
to be held by him her or them as aforefaid, and if fuch grantee or grante.es or thofe 
claiming under them fhall appear perfonally, then he fhe or they fhall make proof 
upon oath, and in fuch other and further manner as may be required to the fatisfac- 
tion of the faid governor or commander in chief and council, that he fhe or they re- 
ipeclively, have within this province, a family of white perfons or negroes, amount- 
ing in the whole to the number of one perfon for every fifty acres of land contained 
in their refpective grant or grants (allowing an hundred acres for the mailer or head 
of fuch family if he fhall become to fettle within this province) agreeable to his ma- 
jefly's royal inllructions for granting lands to any of his fubje£ls in this province ; 
and fhall alio prove upon oath and give fuch further fatisfa£tion and affurance to the 
faid governor or commander in chief and council as they fliall require, that the ne- 
groes fo brought into this province by him her or them arc brought bona fide with an 
intention to fettle and improve the lands fo held or claimed to be held by him her or 
them, or to cultivate and improve other lands within this province, and not with any 
fraudulent or fecret intention of moving them or any of them back, or carrying them 
or any of them out of the faid province again, after having obtained an admiffion 
or allowance of his her or their qualification in fupport of the faid grant or grants to 
and for the lands held or claimed to be held by him her or them reflectively. 
f , . II. And be it further enaEledy That if fuch grantee or grantees, or any or either of 

ing under fuch them, their heirs or affigns, or any other perfon or perfons whatfoever, holding 
grantstoexhibit Qr c i a i m i n g x.o hold any lands within this province, under fuch grants as aforefaid, 
the governor, (hall appear by his or their attorney or attornies, that then and in fuch cafe every 
thegrants.™ ^ uc ^ attorney or attornies, fhall and do not only produce the grant or grants of his and 

their 



LAWS OF GEORGIA. 107 

• 
their constituent or constituents, but alfo an affidavit made by fucli conitituent or A. D. 1765. 
constituents respectively, in the form following, that is to fay : I A. B. of (inferting the No " I19 ^ 
perfons -name and place of abode) do folemnly and fincerely fwear in the prefence of vit 
Almighty God, that I have fent into the province of Georgia (inferting the number) 
flaves my own property, and that the faid (inferting the number) flaves are by me 
bona fide intended to remain and be employed in the cultivation of lands or otherwife 
in the faid province, and that I have not fent the faid negroes into that province with 
a view or fecret intention to obtain an admiffion or allowance of my qualification (as 
required by the act of affembly of the faid province in that cafe made and provided) 
in fupport of my grant from his majefty, witneffed by the governor of South Caroli- 
na, for (infert the quantity) acres of land to the fouthward of the river Alatamaha, 
in the faid province of Georgia, and after having fo obtained fuch admiffion or allow- 
ance of my qualification as aforefaid in fupport cf the faid grant, then fraudulently 
to remove the faid negroes or any of them back again, or to carry or fend them or any 
of them out of the faid province. So help me God, And which faid oath fhall be 
made and taken by every fuch perfon and perfons as aforefaid, before the chief juftice 
of the faiii province of South Carolina, for the time being, or one of the affiitant judges 
in the faid province, and fhall be attefted by fuch judge and have a teftimonial under To have teftl- 
the great feal of the faid province in the manner ufually done in cafes of affidavits, moaia -\ and 

° , r r - '..'., . great feal of S. 

tranfmitted to be made ufe of as proof or evidence in other provinces and places: And Carolina an- 
after being produced before the governor or commander in chief of this province in nexed « 
council as aforefaid, the faid affidavit and affidavits fhall be lodged and remain with 
the clerk of the council; and on all future occafions whatfoever fhall be deemed, held, 
and allowed as legal evidence, either for or againft the faid party in all courts and 
places whatever within this province ; and fuch attorney or attornies fhall alfo give 
fuch further fatisfaction and affurances as the governor or commander in chief and 
council fhall require : Provided neverthekfs. That where any of the faid grantees or p rov ;f 0j 
thofe claiming under them during the time allowed for producing his, her, or their Abfent graatee 
grant or grants and performing the feveral other matters and things hereby required P 0V1 e 
fhall be abfent from the faid province of South Carolina, in Great Britain or elfe- 
v/here, that then fuch abfent perfon or perfons may be permitted to give proof of and 
in the premifes aforefaid, under the mayoralty feal of any corporation, or if in any* 
other province, then under the feal of fuch province, inftead of the oath hereby re- 
quired to be made in, and produced under the feal of the province of South Carolina j 
and in all other refpects to do and perform as is herein required of thofe who actu- 
ally refide in South Carolina, a*d yet appear by attorney, any thing herein contained 
to the contrary notwithftanding;- 

III. And be it further enacl- sd, That upon the qualification of any fuch perfon or Qualifications 
perfons as aforefaid for the WAds contained in any fuch grant or grants being admitted and grants 
and allowed of by the {aid governor and commander in chief and council, all and vvilat t'ime to be 
every fuch perfon and pei :ons fhall and do within three months from the time of recorded, 
allowing and admitting fuch qualification record his, her or their plat or plats, in the 
furveyor general's office, and register his or their grant or grants in the register's office 

and 



ic8 DIGEST OF THE 

A. D. 1795. and alfo enter a docket thereof in the auditor's office in this province; and if any q£ 

No. 119. the faid grantees, their heirs or affigns or others claiming by, from, or under them 

fhall refufe or negle£l either perfonally or by his, her or their attorney or attornies 

as aforefaid, to produce his, her or their grant or grants, within the laid term of 

fix months as aforefaid from and after his majefty's royal approbation of this act fhall 

be received by the governor or commander in chief of this province for the time being,. 

or notified to him and publifhed in the gazette of this province as aforefaid, or either 

perfonally or by his, her or their attorney or attornies as aforefaid, to make proof and 

give fuch affurance as aforefaid, to the fatisfa£tion of the faid governor or commander 

in chief and council as aforefaid, with refpe£t to their qualification, to have and to 

hold the lands refpeclively claimed by them as aforefaid, and to cultivate and improve 

the fame or other lands within this province, or_to record their plat or plats, or to 

regifter and docket their grant or grants after his, her or their claim or qualification, 

allowed as aforefaid within the time limited as aforefaid for that purpofe ; that then 

All grants' de- hi any or either of the faid cafes of refufal or negle£l to do any or either of the 

dared void on matters and things herein and hereby required the faid grant and grants fhall be null 

ply with this and void, and the faid lands fo held or claimed to be held by fuch perfou or perfons 

f ct ' and . the refpeclively is hereby exprefsly 'declared to be forfeited to and revefted in his ma- 

jefty, his heirs and fucceffors, and fhall from thenceforth be deemed held and taken 

to ail intents and purpofes as vacant land, and it fhall and may be lawful to and for the 

governor or commander in chief of this province for the time being with the advice 

of the council to order warrants for furveying and to proceed to grant the fame to 

any perfon or perfons whatfoever purfuant to his majefty's royal commiffion and in- 

ftmciions for that purpofe. 

Lands not ao IV. And be it further enabled, That if on producing the faid grants or any or either 

tually or pro- f {^qx^ it {]-j a i] appear by the plots annexed to the fame and certified by the furveyor 

pcilv furvcvccl 

to be re'.furvcy- general of South Carolina that the faid lands have not been actually furveyedand ad- 
ed> rneafured the lines and trees thereon not being fet down and marked according to the 

direction of the ufual and {landing inftruclions given for furveying and admeafuring 
lands and for marking the lines and returning the plats thereof, or if the faid gover^ 
nor or commander in chief and council fhall have any other caufe orreafonto believe 
the faid lands have not been actually admeafured as aforefaid or that any abufe has been 
committed in the furveying and admeafuring the fame, that then and in either and 
every fuch cafe before the faid grants are regiftered and dockettedin the offices afore- 
faid, it fhall and may be lawful for the governor or commander in chief in council to 
order the faid lands to be re-furveyed, and every fuch tra£l of land fhall within fix 
months thereafter be accordingly re-furveyed by the furveyor general of this province 
or fuch perfon or perfons as he fhall appoint at the expenee, eofts and charges of the 
refpe&ive grantees or thofe claiming to hold under them, fo that the fituation and 
quantity of land fpecified in fuch grant may be known and afcertained, and that all 
frauds and abufes and other inconveniencies may be prevented. 
In cafe of failure V. And it is hereby further enacted and declared, That if any perfon or perfons 
to re-furvey,^ w h f e pj at or p ] ats anne xed to his, her or their grant or grants fhall appear irregular 
void. arid 1 






LAWS OF GEORGIA. ic 9 

and defective as aforefaid, or who fhall for any other caufe or reafon by order of A. D. 1765- 

the governor or commander in chief in council, be directed to get the lands they No- 119. 

claim to hold re-furveyed as aforefaid, fhall refufe, neglect, or delay to caufe and 

procure fuch re-furvey to be made and returned into the faid furveyor general's 

office within the time limited as aforefaid for that purpofe, that then and in every 

fuch cafe the faid grant and grants for the lands fo held or claimed to be held by 

fuch grantee or grantees refpeclively, and all others claiming to hold by, from, or 

under them fhall be null and void, and the lands fo held or claimed to be held by 

fuch perfon or perfons refpeclively, is hereby exprefsly declared to be forfeited to 

and re-vefted in his majefty, his heirs and fucceffors, and fhall from thenceforth 

be deemed, held and taken to all intents and purpofes as vacant land; and it fhall 

and may be lawful to and for the governor or commander in chief for the time 

being, with the advice of the council, to order warrants for furveying, and to pro- And the lands 

ceed to grant the fame to any perfon or perfons whatfoever, purfuant to his majefty's ~g te d. 

royal comrriiffion and inftructions for that purpofe.* 

JAMES HABERSHAM, Prefident. 
ALEXANDER WYLLY, Speaker. 
James Wright. 
March 25, 1765. 

* See act of 1773, No. ilj, enforcing the payment of taxe» on the lands mentioned in this act. 



An AB for building a fort and barracks within the fame, on lands rcferved for the ufe of No. 120. 
the public near the teiun of Augufia, in the pariflj of Saint Paul ; a guard houfe in 
Savannah, and repairing the barracks in the fort in the tonvn of Frederics on the 
if and of St. Simon; and for granting to his majefy the fum of£6$ojler!ing to defray 
the expence of the fame ; a If o for empowering cwimiffioners to ijfm certificates for the 
faid purpofes. 

March 25. 

Qbfolete> 

■ —— — — - . 

An Acl to amend" An acl, to prevent perfons throvuing ballaft or rub- No. nt, 
bi/h 9 or falling trees into the rivers and navigable creeks ivithin 
this province^ and for keeping clear the channels of the fame" \ 

WHEREAS in and by an act paiTed in the fecond feffion of the fourth gene- Preamble. 
ral aflembly of this province, entitled if An act to prevent perfons throw- 
ing ballaft or rubbifh or falling trees into the rivers and navigable creeks within this 

province and for keeping clear the channels of the fame," It is therein and thereby Ballaft, rubbifh, 

ensiled, That if at any time from and after the pafllng the faid act, any mafter or Jj^S^JS 

owner or any perfon acting as mailer or owner of any fhip or other vefFel whatfoever vers or creeks 

/iiui how to be re- 
fcalL moved. 

f See act of 1774, No. 230, feet. 5-. 



no DIGEST OF THE 

A. D. J 765. (hall caft, throw out or unlade, or if at any time from and after the time aforefaid, 
No. i2f. there fhall be caft, thrown out or unladed from, or out of any fhip or other veffel 
whatfoever being or riding within any port, road, channel, river or navigable creek 
within this province, any ballaft, rubbifh, gravel, earth, ftone, or wreck, but 
above high water mark (except the fame be thrown out for the purpofe only of 
filling up where wharves may be erected under the banks or bluffs of fuch river or 
navigable creek) it fliall and be lawful for any one or more juftice or juftices of the 
peace for the parifh or diftrict where or near which fuch offence fhall be committed, 
upon information made on oath thereof, and he or they are thereby authorized and 
required to fummon or iffue out his or their warrant or warrants to apprehend or 
bring before him or them the mafter or mafters, owner or owners of any fuch fhip 
or other veffel, or other perfon or perfons acting as fuch againft whom fuch com- 
plaint or information mail be made or given, and upon his or their appearance or 
making default in appearing to proceed to examine the matters of fact, and upon 
due proof made either by confeffion of the party offending, or on view of fuch 
juftice or juftices, or upon the oath or oaths of one or more witnefs or witneffes 
(which oath or oaths the faid juftice or juftices are hereby required to adminifter) 
th?.t any ballaft, rubbifh, earth, gravel, (tone or wreck, hath been caft, unladen or 
thrown out of or from any fhip or other veffel, the mafter or mafters, or perfon or 
perfons acting as matter or mafters thereof fhall be adjudged, and he and they are 
hereby refpettively declared to be the offenders againft the faid act, and he and 
they being by fuch juftice or juftices (or by any of the ways or means aforefaid) 
Penalty not ex~ thereof convicted, fliall forfeit and pay for every fuch offence, any fum not exceed- 
perfonf off- n d" m g eight pounds, at the difcretion of fuch juftice or juftices, the one moiety thereof 
ing. to the informer, and the other moiety thereof to his majefty for the fupport of the 

. , - poor of the parifh, wherein fuch conviction fhall be pronounced. And whereas the 

ing inefficient fine of eight pounds in and by the faid adt impofed andfet, is found greatly deficient 

for preventing the evil thereby intended to be prevented ; 
They are de- I. Be it therefore enacled, That from and after the paffing of this act, if any mafter 
claredfubject to OW ner or any perfon acting as mafter or owner of any fhip or other veffel whatfo- 

forfciture not ' r _ ' r 

<rxceediiig£3oc ever, fliall caft, throw out, or unlade, or if there fliall be caft, thrown out, or unladen 
from or out of any fhip or other veffel, being or riding within any port, road, channel, 
river, or other navigable creeks within this province any ballaft, rubbifh, gravel, earth, 
ftone or wreck, but above high- water mark (except as in the faid act is excepted) 
every mafter or owner, or any perfon acting as fuch as aforefaid, fhall be deemed 
the offenders, and fhall forfeit and pay for every fuch offence, a fum not exceeding 
three hundred pounds fterling, to be recovered and applied as herein after directed.* 
Chief juftice or H. And for the more fpeedy determination of offences againft this act, Be it encSred 
affiftant juftices £,, t j 3e authority aforefaid. That information on oath being made of fuch offence before 

to take cogni- ■* . 

zance of offen- the chief juftice, or one of the affiftant juftices of the general court of pleas of this 
c« againft this p rov i nce ; the faid chief juftice and juftices, or any or either of them are hereby re- 
quired and directed, forthwith to iffue his or their warrant to apprehend the offender 

or 



See act of 1774, No, 230, feet. 4. 



LAWS OF GEORGIA. in 

or offenders, and oblige him or them to find fufficient fureties for their appearance at A. D. 1765,. 
the court to beholden for that purpofe, and to abide the judgment thereof ; and in No * IZI< 
cafe fuch offender or offenders fhall neglect or refufe to find fuch fecurity, it fhall 
and may be lawful to and for the faid chief juftice and affiftant juftices, or any or 
either of them, to commit fuch offender or offenders to the common gaol of Savan- 
nah, until the determination thereof; and the faid chief juftice and juftices, or any 
or either of them are hereby required and directed to order and appoint a court to 
be held within feven days after fuch information made for the trial of the nfatter of 
fact, and to proceed therein agreeable to an act of the general affembly, entitled " An 
act for holding fpccial or extraordinary courts of common pleas for the trial of caufes 
arifing between merchants, dealers and others, and (hip mailers, fupercargoes, and 
other tranfient perfons." 

III. And be it enabled by the authority afore/aid, That if any offence fhall be com- when cogniza- 
mitted againft this act in any part of this province, where information thereof can- bleb y juftices of 
not fpeedily be made to the chief or affiftant juftices of the general court, it fhall and how far. ' 
may be lawful for any juftice of the peace in the parifh wherein the offence fhall be 
committed to receive fuch information on oath, and to bind over the offender or 
offenders, and the informer or informers with fufficient fecurities to appear as afore- 

faid, and the faid juftice is hereby required to tranfmit fuch information immedi- 
ately to the chief or affiftant juftices who are hereby required to proceed in the fame 
manner as if the fame had been made before him or them. 

IV. And be it further enabled by the authority aforefaid, That all forfeitures incurr- Forfeitures How 
ed by virtue of this act, fhall be one moiety thereof to the informer and the other d PP" cd * 
moiety thereof to his majefty for the ufe of this province, to be paid into the hands 

of the treafurer of the province, and to be applied for clearing, and keeping clear 
the rivers and creeks, within the fame.* 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Ptejdentv 
James Wright. 
March 25, 1765. 

* This adf. is perpetuated by ail of 1783, No. 279. 



An additional Act to an atl entitled " An acl tofupprefs lotteries^ and No. 1^. 
prevent other excejji've and deceitful gaming?' 

WHEREAS it hath been found by experience that the above mentioned act Preamble, 
hath not altogether anfwered the feveral good ends and purpofee thereby 
intended, Be it therefore enabled^ That from and after the paffingof this act, any per- Enacled. 
fon or perfons whofoever, who at any time or times, fitting or fittings within the Money loft at 
fpace of twenty-four hours, by playing at card's, dice, tables, or any other game or ^'ovefe^back 6 
games, or by betting on the fides or hands of fuch as do pray at any of the games 
aforefaid, or any game whatever, (hall lofe to any one or more perfon or perfons fo 




112 



DIGEST OF THE 



A. D. 1765. 

No. I2Z. 

by the perfon 
Liflng, within 
fix months. 



Not exceeding 
£8 by warrant 
of juftice of 
peace. 



Above that fum 
by atfion in the 
general court. 



After fix months 
any otherperfon 

may fue lor the 
faaie. 



When recover- 
ed how applied, 



Sellers of fpiri- 
tous liquors not 
tofuffergaming 
in their houfes, 
&c. 



playing or betting in the whole the fum or value of five fhillings lawful money of this 
province, and (hall pay or deliver the fame or any part thereof; the perfon or perfons 
fo lofing and paying or delivering the fame, -{hall be at liberty at any time within fix 
months then next following hnd not after to fue for and recover the monies or goods 
fo loft and paid or delivered or any part thereof from the refpective winner or winners 
thereof with coils by a warrant from a juftice of the peace, in nature of a warrant for 
debt, founded on this ait, in cafe the monies or effects fo loft and paid or delivered, 
fhall not exceed the value of eight * pounds lawful money of this province, and in 
cafe the monies or goods fo loft, and paid or delivered (hall exceed that fum, the 
lofer fhall and may recover the fame from the winner or winners with cofts by action 
of debt founded on this act, to be profecuted in his majefty's general court of pleas in 
this province, to which action or fuit, no effoign, profecution, wager of law, privi- 
lege, or more than one imparlance fhall be allowed, and in which action or fait it fhall 
be fufficient for the plaintiff to alledge that the defendant or defendants are indebted to 
him, or received to the plaintiff's ufe the monies or effects fo loft and paid, or con- 
verted the monies or effects fo won of the plaintiff to the defendant's ufe, whereby the 
plaintiff's action accrued to him according to the form of this act, without fetting 
forth any fpecial matter, and in cafe the perfon or perfons, who fhall lofe fuch money 
or effects as aforefaid, fhall not within the time prefcribed, really and bona fide fue 
and with effect profecute for the moi>ies or effects fo by him or them loft and paid or 
delivered as aforefaid it fhall and may be lawful to and for any perfon or perfons by any 
fuch act ion or fuit as aforefaid to fue for and recover the fame with full cofts of fuit 
againft fuch winner or winners as aforefaid, uniefs fuch winner or winners within ten 
days after the winning fuch money or effects fhall re-pay or re-deliver to the lofer fuch 
money or effects fo won and received as aforefaid, together with fuch cofts of fuit as 
may have accrued before the re-payment or re-delivery of fuch money or effects, the 
one moiety of the money or effects fo recovered, fhall be to the ufe of the perfon or 
perfons (other than the perfon lofing) who fhall fue for them, and the other moiety 
to the ufe of the poor of the parifh where the offence fhall be committed, any thing 
in the herein before mentioned law to the contrary thereof in any wife notwith- 
ftanding. 

II. And he it further eaacled, That from and after the paffing of this act, if any 
perfon or perfons licenfed to fell any forts of fpiritous liquors or who fhall fell or 
fuffer the fame to be fold in his, her, or their houfe or houfes, or in any out houfes, 
ground or apartments thereunto belonging fhall knowingly fuffer any gaming with 
cards, dice, draughts, fhuffle-boards, billiard-tables, (kittles, ninepins, or at or with 
any other games or implements of gaming, in his, her, or their houfes, or out houfes, 
grounds or apartments thereunto belonging, by any apprentice, overfeers, journeymen, 
laborers, or fervants, or any other perfon or perfons whatfoever, and fhall be convic- 
ted of the faid offence on their own confeffion or on the oath of one or more creditable 
witnefs or witneffes (exclufive of the perfon giving information thereof) before any 
juftice or juftices of the peace of the parifh or place where the offence fhall be com- 
mitted 



Juftices jurifdiclion now limited to thirty dollars, fee a& of 1797, No. 582. 






LAWS OF GEORGIA. 113 

within thirty days after fuch offence, he, fhe, or they fo offending fhall forfeit for A. D. 1765. 
the firft offence the fum of five pounds lawful money of this province, and for No < »* 2 - 
every like offence, he, fhe, or they fhall be afterwards coiryifted of, the fum of Sub J f & £> F- 
ten pounds to be levied by diftrefs and fale of the offender's goods by warrant from fo doing," and 
the iuftice or juftices before whom fuch offender or offenders fhall be- convicted, *-Jf° 
one moiety of which faid forfeitures fhall be paid to the church-wardens and veftry How recovered 
of the parifh or place where the offence fhall be committed for the ufe of the poor a " d , t0 be ap °' 
there, and the other moiety thereof to the perfon or perfons on whofe information . 
fuch offender or offenders fhall be convicted, and for want of fufficient diftrefs, it 
fhall' and may be lawful for fuch jiiftice or juftices to commit fuch offender or offen- 
ders to prifon, not exceeding thirty days, or until the money fo forfeited fhallbe 
paid, any thing in the herein before mentioned law to the contrary thereof in any- 
wife notwithftanding. 

III. And be it further enabled, That this acl: fhal). be deemed a public aft, and '-Public aftv 
fhall be held and taken as fuch by all judges, juftices and magistrates, and in all 

courts within this province without fpecially pleading the fame. 

IV. And he it further enabled, That this acl: fhall continue and be in force for and' 
during the term of fix years, and from thence to the end of the next feflion of the 
general affembly, and no longer.* 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Prefidenl. 
James Wrtgiit. 
March 25, I765. 

* Further continued by ad of 1773 for one year, and to the end of the*, next- feffion. of tire general affembly, 
which was held in 1777, further continued by act of that year, fee No. 236; and finally made, perpetual by 
ajft of 1784, No. 2S7. 



An Acl to- amend an act, entitled tf An aEt to prevent as much' as may be- the fpreading No. 125. 

of the fmall-pcx in this province ." 
March 25. 
Olfolete, 

An At! for the better ordering and governing negroes and other faves in this province^. No.-' 154, 
and to prevent the inveigling or carrying away Jlaves from their wafers or employers. 
March 25. 

This a8 gave place to at! of 1770, No. 204. 



An A B for granting to his majefy a duty on the fundry articles therein mentioned, that n q „ ,«-., 
fhall hereafter be imported from any of his majeffs colonies to the northward of the pro- 
vince of South Carolina, and for appropriating the money arifing therefrom in aid of 
the general tax. 

March 25, 

Obfohte, K An 



1 14 



DIGEST OF THE 



A. D. 1765. An Acl to extend and enforce the authority of the fever al laws there- 
in mentioned to and throughout the territory lately annexed to this 
province ; for dividing the fame into pari/hes, and for adding the 
ifland of Jekyl to the parifh of Saint James. 



By proclama- 
tion or' 1763, 
and comrmifion 
to the governor 
in 1764 (which 
fee in the cp- 
pendix)therraj<5r, 
of land between 
the rivers Ala- 
tamaha and St. 
Mary is annex- 
ed to this pro- 
vince. 

Certain laws 
declared to be 
in full force 
throughout the 
fame, including 
all iflands with- 
in 20 leagues of 
the coafl. 



The fiid lands 
divided into pa- 
rities. 



Parifh cf Saint 
David. 



Saint Patrick. 



Saint Thomas. 



Saint Mary. 

Ifland of Jekyl 
added to the pa- 
rifliefSt.Jamej. 







XHEREAS his majefty by his proclamation of the feventh of October in the 
year of cur Lord one thoufand feven hundred and fixty-three, and alfo by 
his late royal commiflion to his excellency the governor, bearing date the twentieth 
day of January, one thoufand feven hundred and fixty four, was gracioufly pleafed \ 
to annex to this province all that fpace or tra£t of land lying and fituate between the > 

river Alatamaha, and the fouthernmoft ftream of the river Saint Maryj And whereas 
difputes and difficulties may arife touching the prefent validity of the laws of this 
province within the faid annexed territory: Be it enacted, That from and after the 
palling of this acl, all the laws herein after mentioned and particularized, [Many of 
which being obfolete, and others Jince atled on by the legifature, it is deemed unneceffary to 
recite them) (hall extend to, and be in as full force, power and effect, in, over and 
throughout the lands lying and being between the fouth fide of the river Alatamaha, 
and the moft fouthern ftream of the river Saint Mary, including all iflands within 
twenty leagues of the coaft, to all- intents, conftruevtions and purpofes whatsoever, as 
if the faid annexed territory had been a part of this province at the time of making 
and paffing the fame, any thing to the contrary in anywife notwithstanding. 

II. And whereas it may be neceiTary for the convenience of the inhabitants, that 
the lands aforefaid fhould be divided into pariihes, Be it further enabled by the autho- 
rity afore/aid, That all that fpace or tra£t of land lying and being between the river 
Alatamaha, and the north branch of Turtle river, and from the head of the faid lad 
mentioned river in a north weft line, fhall be and forever continue a parifh by the 
name of the parifh of Saint David ; and from the north branch of Turtle river to the 
fouthern branch of the river Little Sittille, and from the head of the faid river Little 
Sittille, in a north weft line, fhali be and forever continue a parifh by the name of 
the parifh of Saint Patrick ; and from the fouthern branch of the river Little Sittille, 
to the fouthern branch of the river Great Sittille, fhali be and forever continue a 
parifh by the name of the parifh of Saint Thomas; and from the fouthern branch of 
the river Great Sittille to the fouthern branch of the river Saint Mary, and from the 
head of the faid river Saint Mary in a due weft line, including all the iflands within 
the faid boundary, fhall be and forever continue a parifh by the name of the parifh 
cf Saint Alary. 

III. And be it further enabled by the authority aforefaid, That the ifland of Jekyl fhall 
from henceforth be and forever continue a part of the parifh of Saint James. 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Prefdent, 
James Wright. 

March 25, 1765. 

An 



LAWS OF GEORGIA. 115 

Jb% additional Ac? to an~a&, entitled " An aB for the better regulating taverns » punch A. D. 1765, 

houfes, and retailers <f fpiriious liquors " No. 127. 

March 25, tj6$. 

Repealed by aft of 1 791, No. 459. 

An Atl to empower commiffioners to leafe or let for a certain term of years the lot of land No. t&3, 
commonly called the Spring near Savannah, and to rent the building in Savannah 
commonly called the Watch Houfe, and to appropriate the monies arifing therefrom, 

March 25* 

An AB to amend an acl> entitled " An atl to prevent private perfons from purchafng No. 129. 
lands from the Indians, and for preventing perfons trading with them without licenfe." 

March 25. 
Trade with Indians is now under the direElian of the general government* See fed. conjlitutioiu 

An ordinance for appointing Francis Lee, Efqitire, comptroller and colletlor of the country No. ijb. 
duties at the port of Sunbury ; and for appointing Daniel Nunes, waiter,. Jor the port 
of Savannah in this province. 

March 25. 
Obfolete, 

An Act for the better ordering the militia of this province,, ¥.0. 131. 

March 25. 
Obfokte. 

An Atl for raifng a fund by an impojl on pipping to defray the expence of keeping in j^ ; j, a> 
repair, or re-building the light houfe and pilot houfe on-. Tybee iflatid^ 

March 25. 
Obfolete. 



* An AB to continue fever al acls of the general ajfembly therein men- no. 13;.. 
tioned - } to prevent maflers of vefj'eh from carrying off perfons in debt; 
to continue the fever al road acls ; and an act to prevent flea ling of 
horfes and neat cattle. 

WHEREAS feveral ufeful and necefiary laws of this province are near expir- A& to prevent 
ing, Be it enabled, That an acl, entitled, An aft to prevent matters of ^"wrfng 
veffels from carrying off perfons in debt from this province, palled the twenty- off perfons in: 

- . -"• 1, debt, paffed 

feventh a7th ^ arch> , 

* The feveral acls herein referred to have either expired, been repealed, or. re-enacted. 



nU DIGEST OF THE 

A. D. 1765. feventh day of March, one thoufand feven hundred and fifty-nine, which was to be 
No, 133. in force for two years from the paffing thereof, and which was amended and further 

A<a to amend continued by an act, entitled, an act to amend an act, entitled, an act to prevent 

raid a&. mailers of veflels from carrying ofFperfons in debt from this province which was to 

continue and be in force for the term of three years from the paffing thereof, and 
from thence. to the end of the then next feffion of the general affembly, and which 
was further continued by an act pafled the twenty-ninth day of February, one thou- 
fand feven hundred and fixty-four, to the firft day of November, one thoufand feven 
hundred and fixty-four, and from thence to the end of the then next feffion of the 
general aflembly ; which faid act and amendments fhall be and the fame are further 
continued from the expiration thereof until the firft day of November, one thoufand 

Further conti- f even hundred and feventy ; and from thence to the end of the next feffion of the 

nued until lit . ' 

!Nov. 1770. general aflembly, and no longer. 

Act to empower H» And be it further enacted by the authority afore/aid. That an act, entitled " An 
furveyors to lay a £|- t0 empower -the furveyors therein named, to lay out public roads in the province 
paired 7th ' of Georgia," pafled the feventh day of March, one thoufand feven hundred and fifty- 
March, 1755. f ivej which was to continue for two years from the paffing thereof, and from thence 
to the end of the then next feffion of the general aflembly ; and by an act pafled the 
third day of February, one thoufand feven hundred and fifty-feven, entitled " An 
att for explaining and amending an act to empower the feveral furveyors therein 
named to lay out public roads," which was further continued for two years from 
the paffing the laft mentioned act, and from thence to the end of the then 'next fef- 
fion of the general aflembly ; and by an act pafled the twenty-feventh day of March, 
one thoufand feven hundred and fifty-nine, with the alterations and amendments by 
the faid act made, was further continued until the feventh day cf March, one thou- 
fand feven hundred and fixty-four, and from thence to the end of the then next fef- 
fion of the general aflembly, and which, together with the feveral alterations and 
amendments thereof, was by another act, pafled the twenty-ninth day of May, one 
thoufand feven hundred and fixty-four, and continued to the firft day of January, 
one thoufand feven hundred and fixty-five, and from thence to the end of the then 
next feffion of the general affembly fhall be, and the fame is hereby continue-d from 
the expiration thereof until the firft day of November, one thoufand feven hundred 
nued until ill and fixty-five, and from thence to the end of the next feffion of the general aflembly, 
Nov. 1765. and no longer. 

A<5t to prevent III. And be it further enabled by the authority afore/aid, That an act, entitled " An 
ftcaimgoi hor- q. t prevent: ftealinp- of horfes and neat cattle, and for the more effectual difcovery 

les and neat r o . » • 

cattle, paffed and punifhmeilt of fuch perfons as fhall unlawfully brand, mark or kill the fame," 
jl l ; ' pafled the twenty-feventh day of March, one thoufand feven hundred and fifty-nine, 
which was to continue and be in force for five years, and from thence to the end of 
the then next feffion of the general affembly, and which was further continued by an 
act paffed the twenty-ninth day of May, one thoufand feven hundred and fixty-four, 
to the firft day of January, one thoufand feven hundred and fixty-five, and from 
thence to the end of the then next feffion of the general affembly, fhall be, and the 

fame 
* 



LAWS OF GEORGIA. 117 

fame is hereby further continued to the firft day of November one thoufand feven No. 133. 
hundred and fixty-five, and from thence to the end of the next feflion of the general Further conti- 
affembly, and no longer. gg %'^i * 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Preftdent. 
James Wright. 
M*rch 25, 1765. 



An AFt for granting to his majejly the fum of £1599 7 1* flerlingfor the ufe atidfup- No. 134, 
port of the government of Georgia for the year 1765, to be raijed at certain rates and 
after the method therein mentioned) and for the more effeclual colhcling of arrears. 
March 25. 
Obfolete. 



An Ac! to prevent frauds and abufes in the admeafuring and laying No. i 3 j. 
out his majejly's lands in this province. 

WHEREAS frauds and abufes have been committed in admeafuring and lay- Preamble, 
ing out his majefty's lands in this province owing to the praftice of bear- 
ing the chain by negroes and by white perfons not fworn to the faithful performance 
of that fervice, on the feveral furveys which the deputy furveyors are employed in, 
whereby it often happens that the quantity of land directed to belaid out by the war- 
rant of furvey, doth in the field far exceed the number of acres reprefented by the 
plat returned to be annexed to the grant of fuch land, and tends to defraud the pub- 
he of the taxes and his majetty of his quit-rents, on the furplus meafure of fuch 
incorrect and unjuft furveys, which abufe, in many inftances, is not in the power of 
the furveyor general, or his deputies, timely to dete& : To prevent therefore the 
like injurious practices for the future, and for the better enabling all furveyors to be 
exaft in their furveys, Be it enaBed, That after two months from the paffing of this Enaded. 
aft, no furveyor fhall make any furvey of his majefty's lands without chain carriers, Chain carriers 
fworn to meafure juftly and exaftly, according'to the beft of their knowledge, and j? be fworn b * 
to deliver their accounts thereof truly to the furveyor, which oath, every furveyor in ^^^ 
the feveral divifions and parifhes of this province is hereby empowered and required 
to adminifter accordingly. 

II. And be it further enaBed, That all deputy furveyors already appointed fhall n , 

within two months from the paffing of this aft take the following oath before the go- orTte iZ?n. 
vernor or commander in chief for the time being j and all deputy furveyors that may 
hereafter be appointed, fhall in like manner take the fame oath, before he enters on 
tne execution of his office, vrz. « I A. B. do folemnly and fincerely fvrear in the T , . , 
* prefence of Almighty God, that I will according to the beft of my {kill and know- 

Jedge, well and faithfully execute the office of a deputy furveyor, and that 1 

" will 






n8 DIGEST OF THE 

A. D. 1765. " will not wittingly or willingly affent to, connive at, permit or fuffer any fraud Qfr 

No. 135. « abufe in admeafuring or laying out lands for any pcrfon or perfons whomfoever, 

" and that I will not poftpone executing any warrant, or give undue preference unto 

<{ any perfon or perfons on any account whatfoever, and will in all refpetts, well 

" and truly obferve and follow the feveral instructions given me from time to time 

i( by his majefty's furveyor general. So help me God." 

To give bond HI. And be it further enaffed, That every deputy furveyor before he enters upon 

h j CCunty for the execution of his office, fhall give bond to his majefty with one or more approved 

dan of their of- fecurities in the penalty of two hundred pounds fterling, for the faithful and honed 

of^nlveyor^" performance of his office and for the due obfervance of the inftructions given him by 

neral's inftruc- the furveyor general, which inftructions fhall. be recorded by the faid deputy fur-» 

corded in fecre- ve y ors m the fecretary's office of this province within thirty days after receiving 

tary's office. the fame. 

Deputy furvey- IV". And be it further enaSledy That where any undue or fraudulent furvey of lands 

dulent "f g raU " ma ^ ^ e raa( ^- e > D 7 an y deputy furveyor, fuch deputy furveyor for every fuch offence, 

to forfeit £ ico. upon due proof thereof upon oath, by one or more creditable witnefs or witnefTes, 

fhall forfeit and pay a fum not exceeding one hundred pounds lleding, to be fued 

for and recovered with full cofts of fuit, in the general court of pleas of this province, 

by action of debt, bill, plaint, or information, wherein no wager of law, privilege 

or protection, fhall be allowed, or any more than one imparlance, which penalty fo 

How applied, to be recovered, fhall be one moiety to the perfon who fhall make information thereof: 

and fue for the fame, and the other moiety to the party or parties aggrieved*. 

V. And be it further enaBedy That this act fhall be and continue in force for and 
during the term of three years, and from thence to the end of the next feffiou of the 
general afTembly, and no longer.* 

ALEXANDER WYLLY, Speaker, 
JAMES HABERSHAM, Preftdent, 
James Wright. 
March 25, 1765. 

* Further continued by aft of 1768, by act of 1 770, by afl of 1773 for one year and till the end of the next 
iiffembly which was held in 1777, and further continued by ad of that year, fee No. 236; being in force in the 
year 1776, the fame is made perpetual by act of 1784, No. 387. 



No. 136. An ordinance appointing William KnoXy Efquire, agent tofolicit the affairs ef this pro- 
vince in Great Britain. 

March 25. 
Qbfohte, 

An 



A 



J 



LAWS OF GEORGIA. 



119 



*An A ft for the ejlahlifhing and regulating patrols, and from prevent- A - D - l l^S> 
ing any pe'rfon from pur chafing provi/ions or any other commodities 
from, or felling fuch to any Jlave 9 unlefs fuch flave fh all produce 
a ticket from his or her oivner, manager or employer. 



"^"IT T"HEREAS it is abfolutely necefTary for the fecurity of his majefcy's fubjects 
^^ of this province, and for preventing the many dangers and inconveniencies 
that may arife from the diforderly and unlawful meetings of negroes and other Haves, 
within the fame, that patrols fhould be eftablifhed under proper regulations in fuch 
part of the province where -the militia is formed and fettled. And whereas, it is alfo 
proper to prevent dealing and trafficking with Haves, Be it therefore enaEled, That im- 
mediately from and after the paffing of this act, every captain or commanding officer 
of a company of foot militia throughout this province, is hereby authorized, empow- 
ered and required, feverally and refpectively, to fummons together his inferior offi- 
cers, if any fuch there be, and they fhall in concert fubdivide, diftinguHh his com- 
pany diftrict into as many other convenient patrol divifions as they fhall think molt 
proper and confident with the extent and fituation of their general company diftrict, 
and fo as the riding over any fuch patrol divifion may not exceed twelve miles in extent; 
which faid fubdivided divifion, feverally and refpectively, fhall thenceforth be the 
patrol divifions, unlefs the fame fhall be thought neceffary to be altered by the officers 
aforefaid ; and wherein the owners of fettled plantations, as well as the other inha- 
bitants of any fuch patrol divifion, as well as alarm-men as others of horfe and foot, 
between the age of fixteen and fixty years, fhall be fubjecr, to the patrol duty of that 
divifion, and fhall, either by themfelves in perfon, or by others employed for that 
purpofe, do their patrol duty regularly and fucceffively, according to the true intent 
and meaning of this a£t : And in cafe any captain or commanding officer fhall omit 
or fail to fubdivide and diftinguifh his company diftrict in manner herein before en- 
joined, or afterwards at any muftcr day* or within five days after fuch mufter day, 
fhall neglect to prick off the feveral patrols as is herein after directed, that then every 
fuch captain or commanding officer fo failing, fhall refpectively be fubjecl: to, and 
pay the penalty of five pounds fterling, to be recovered by warrant of diftrefs, under 
the hand and feal of any juftice of the peace of the parifh where fuch offence fhali 
be committed, and fale of the offender's goods ; and which fum fhall be paid to the 
commiffioners of the roads within fuch parifh, and be by them applied towards re- 
pairing the bridges and caufeways within the fame : And that the owners of fettled 
plantations and inhabitants within each company diftrict may the better know to what 
. patrol divifion they feverally belong, the captains and commanding officers as aforefaid 
fhall, within ten days after making out the fame, caufe copies thereof, figned by them, 
to be affixed at the church and meeting houfe doors, or other public places in their 
feveral diftricts, and fhall caufe another copy thereof to be entered in a book by the 

clerk 



Preamble. 



Enacted. 
Captains of foot 
militia to fubdi- 
vide company 
difiri<51s into 
patrol divifion* 
not exceeding 
twelve miles-.- 



patrol duty. 



Captains or 
commanding 
officers failing 
to makefuch di- 
vifions, or to 
prick off the fe- 
veral patrols, 
fubject to pen 
naltyof £5. 



To be paid to 

commiffioners 
of roads, and 
how applied. 

Certified copies 
of patrol divifi- 
ons to be fet up 
at public places. 



* This a<51 is amended by act of 1768, No. 187, and is materially connected with ad of 1770, for ordefing 
and governing flaves. Sec No. 204. 



120 DIGEST OF THE 

A. D. 1 765. clerk of their company, that any perfon concerned may from time to time have recourfe 

No. 137. to the fame. 

Captainstokeep II. And as all perfons as well women as men who are or may be owners of fettled 

lift to^every'di- pl antat i°ns m an y parifh or diflrict, ought in juflice to contribute to the fervice and, 

vifion. fecurity of fuch parifh or diftricl, Be it therefore enaEted by the authority aforefaid) 

That the captains or commanding officers of each company of foot militia (hall in 

their diftricts make out and keep from time to time a fpeciarl patrol lift to every 

fubdivided and diftincl: patrol divifion, in which fhall be inferted the names of all 

pof(:c ] ' owners of fettled plantations being within the fame, as well women as men, and as 

well alarm-men as others, as alfo the names of all the male white inhabitants : 

Provifo. Provided, That every perfon having feveral plantations fettled in this province, fhall 

not be fubject to or obliged to do patrol duty in thofe divisions where fuch plantations 

ProviTo. lie, other than in fuch in which he or me fhall ufually refide. Provided atfo t That 

the mafters and employers of all white male fervants, who by this act are obliged to 

do patrol duty, fhall and they are hereby obliged to do patrol- duty, fhall and they 

are hereby directed and obliged to furnifh fuch fervants with a horfe, and furniture 

for fuch fervice, and that under the penalty of one pound, to be and applied in like 

manner as the penalties on captains or commanding officers in this act before men-. 

t toned. 

.Liable to per- III. And be it further enaEled by. the authority aforefaid, That all perfons, male or 

onn duty m f ema i e vvhofe names fhall be enlifted as aforefaid, fhall be liable to perform the 

turns. ' r 

patrol duty of their refpective divifions feverally, fucceffively and in turns j and on 

n ' every mufter day the captains or commanding officers of the feveral companies of foot 

On every mm- J . . 

rtrday a num- militia fhall, out of every patrol lift made out as aforefaid, prick off the names of any- 

.not exceed " number not exceeding- ten perfons, as well women as men, inhabitants and owners of, 

■ ng ten perfons . . , 

tobeprickedoff and rending upon plantations as aforefaid, all of whom fhall, by themfelves, or others 

or patrol duty. ern p] ycd and provided for that purpofe* feverally and refpe£tively do and perform 

the patrol duty herein directed, from fuch mufter day until the next enfuing mufter 

dav, regularly, equally and fucceffively ; the faid captains or commanding officers, 

always choofmg, and they are hereby directed to choofe the neareft fet of inhabitants 

fet down in the patrol lift as aforefaid, to do the duty together, that they may be 

Prcvifo. enabled to meet and affemble with the better conveniency and expedition : Provided. 

Subftitutes fhall always, That it fhall and may be Jawful for any perfon or perfons liable to do and 

oforecT ^ perform the patrol duty prefcribed by this a£t, and who may not choofe to do duty 

in perfon to employ a fufficient perfon to perform and undertake fuch duty on his, 

her or their behalf, when their names fhall be pricked off as aforefaid. 

p rov ;r . Provided a/ fo, That if any perfon or perfons fo liable and pricked off as aforefaid, 

whether man or woman, (except fuch woman hath not hx working Haves) fhall not 

in cafe of rcfu- either by themfelves or by a fufficient perfon on his, her or their behalf as aforefaid, 

fal to act or fur- £ anc j perform f ucn duty, or fhall refufe to do and perform the fame, then and in 

captains em- ' every fuch cafe the captain or commanding officer of fuch company of foot militia 

powered to give t which fuch perfon fo neglecting or refuting fhall belong, upon the report of the 

ICf. to a futllCl- ' , r , n 11 • 1 , 

em perfon per perfon appointed to command fuch patrol, fhall and is hereby empowered to agree 

night. frffa 



m 



LAWS OP GEORGIA. 



I2t 



■with any fufficient perfon at a certain price, not exceeding ten {hillings fterling per 
night, to do duty for him or her fo neglecting or refuting, until he or {he fhall 
actually procure fome other white perfon, between the age of fix-teen and fixty years, 
to do patrol duty for him or her ; and the rate or price fo agreed upon by fuch cap- 
tain or commanding officer as aforefaid, fhall be paid by the perfon whofe turn or 
duty fhall be fo performed to the perfon performing the fame according to his time 
of fervice ; and in cafe any perfon or perfons fhall fail to pay or fatisfy fuch other 
perfon fo appointed for him, her or them fo neglecting the price agreed upon by the 
faid captain or commanding officer as aforefaid, upon demand thereof, then and in 
every fuch cafe it fhall and may be lawful to and for the faid captain or commanding 
officer who agreed with fuch perfon, to levy the fame on the goods and chattels be- 
longing to the perfon fo failing, by warrant of diftrefs for that purpofe, directed to 
anyTergeant of his company or any conftable of the parifh in which fuch company 
fhall be eftablifhed ; which fergeant or conftable fhall be obliged, and he is hereby 
fully authorifed and empowered to execute the fame, and fhall be allowed for exe- 
cuting the warrant the fum of one {hilling, and two-pence per mile for every mile he 
fhall travel, to be computed from the dwelling houfe of the faid conftable or fergeant 
to the dwelling houfe of the defaulter. 

IV. And be it further enaBed by the authority aforefaid^ That the feveral captains 
and commanding officers of the feveral companies belonging to the town of Savannah, 
fhall make out a general patrol lift of their refpective companies, (including the horfe 
and alarm-men as alfo women) except as before excepted, within their divifion, and 
fhall prick off from fuch lift the names of ten perfons to perform patrol duty in the 
faid town of Savannah, and as far as the outer line of the garden lots of the faid town 
doth extend, which duty fhall be done and performed by the faid patrols refpectively 
every night in rotation ; the feveral patrols to meet, and the duty to be begun at 
nine o'clock, and to be. continued until day light, and they fhall, and are hereby 
empowered to take up all flaves whatever, which they fhall find within the faid town 
or within the limits aforefaid after the hour of nine o'clock at night, who have not 
a ticket, or letter, or other- token to (hew the reafonablenefs of their being out, or 
who have not a white perfon in company to give an account of his or their bufinefs; 
and fuch patrol may correct every fuch flave or flaves belonging to any perfon refid- 
ing within the town of Savannah or within the limits aforefaid, by whipping with 
a fwitch, whip or cowfkin, not exceeding twenty lafhes ; but if the flave or flaves 
fo taken up and liable to punifhment as aforefaid, fhall belong to any plantation or 
fettlement being without the limits aforefaid, fuch flave or flaves fhall be, by the 
patrol who fhall take him, her or them up, deliver to the warden or keeper of the 
work houfe as fugitive flaves. Provided akvays, That nothing in this act contained 
fhall extend or be conftrued to extend to fubject the commander in chief for the 
time being, or any of the members of his .majefty's honorable council and their 
clerk or officers, or of the commons houfe of affembly or their clerk or officers, 
the public treafurer, the powder receiver, the commiffary general, nor any judges 
•of the general court, or minjfters of the gofpel, cuftom houfe officers or other offi- 

Q^ cers 



A. D. 1 765. 
No. 137. 



To he recover- 
ed by warrant 
of the officer. 

Sergeant orcon- 
ftables fees for 
executing fame. 

Savannah pa-' 
trolduty within 
the town, and 
to outer line of 
garden lots par- 
ticularly regu- 
lated. 



Provifo. 

What perfons 
exempted from 
patrol duty. 



122 



DIGEST OF THE 



A.D. 1765. 

N«. 137. 



Captains of pa- 
trols how ap- 
pointed. 



Failing to adt to 
be fined not ex- 
ceeding 20f. 



Recoverable by 
officers warrant 
for ufe ef poor. 
Captains of pa- 
trols their pow- 
ers. 



May fine de- 
faulters, &c. in 
a fum not ex- 
ceeding lof. re- 
coverable and 
applied in like 
manner. 



Sergeant, &c. 
fees — liable to 
fine of 40/. on 
neglecl of duty. 



Patrols how to 
be armed under 
Xof. penalty, and 
to be obedient to 
their officer un- 
der penalty of 
20/. 



cers commiffioned by virtue o£ his majefty's fign manual, the field officers of the 
feveral regiments, of foot militia in, actual commiffion, or the pilots or ferrymen in 
any part of this province, to ferve upon any patrol duty in any diftrict whatever, 
any thing herein before contained to the contrary notwithftanding. 

V. And be it further enabled by the authority afsrefaidy That the captain or com- 
manding officer of every company (hall have power in their feveral diftricls, from 
time to time, to appoint one good and difcreet perfon from among the perfons fo 
pricked off to do patrol duty as aforefaid, to be their commander, as foon as their 
names fhall be pricked off as aforefaid, and if fuch perfon being regularly appointed 
to command the patrol aforefaid, fhall refufe to accept of fuch command, or after 
accepting thereof fhall refufe or neglect to do his duty as prefcribed by this act, 
fuch perfon fo offending fhall, for every fuch offence, forfeit and pay a fum not ex- 
ceeding one pound, to be adjudged by a majority of the commiffioned officers of the 
company out of which fuch patrol {hall be pricked off, and levied in both cafes by 
diftrefs and fale of the offender's goods, by a warrant for that purpofe, under the 
hand and feal of the commanding officer of fuch company, to and for the ufe of 
the poor of the parifh where fuch offence fhall be committed: And that the com- 
mander of every patrol may have better authority to keep them in good order and 
demeanor during their time and term of duty, it (hall and may be lawful to and for 
every fuch patrol commander, and they are hereby directed, empowered and re-, 
quired, on any default or mifbehavior or neglecl of duty of any patrol-man, to inflict 
a fine upon him not exceeding the fum of ten {hillings fterling, for the ufe of the 
patrols refpeclively, in which fuch neglecl:, default or mifbehavior fhall be com-, 
mitted, to be levied by diftrefs and fale of the offender's goods, by virtue of a war- 
rant for that purpofe, directed to the conftable of the diftricl or fergeant of fuch 
company, under the hand and feal of the captain or commander of the company 
from which fuch patrol, where fueh neglecl, default or mifdemeanor may happen 
or be committed, fhall be pricked off, which conftable or fergeant (hall be obliged, * 
and are hereby feverally authorized and empowered to execute the fame, and {hall 
be allowed for executing the warrant the fum of one {hilling, and mileage as is 
herein before directed ; and every conftable or fergeant refufing or neglecting to 
ferve fuch warrant directed to him, fhall be liable to a fine not exceeding forty 
{hillings fterling. 

And, that the faid patrols may be the better able to fupprefs any mifchievous de- 
fip-ns of negroes and other (laves during their time of fervice, It is hereby further enabled 
by the authority aforefaid) That every perfon pricked- off or appointed, or undertaking 
as a proxy, for any other perfon liable to fervice in the faid patrol in purfuance of, or 
by virtue of this act, fhall provide for himfelf, and keep always in readinefs, and 
carry with him on his patrol fervice, one good gun or piftol in order, with fix car- 
tridges fuitable for fuch gun or piftol, and one good cutlafs,, under the penalty of a 
fum not exceeding ten (hillings, for want of any fuch arms or ammunition, at fuch 
time and places as they (hall be appointed by their refpective commanders, in their 
feveral divifions, to whofe orders they fhall, on all occafions be refpeclively obedient 

during 



wered to 
& flaves. 



LAWS OF GEORGIA. 123 

during their time of fervice, on pain of incurring a fine not exceeding twenty {hillings, A. D. 1765. 
to be levied by warrant under the hand and feal of the captain or commanding officer No - J 37- 
of the company from which fuch patrol fhall be pricked off, as is herein before 
mentioned. 

VII. And be it further enaEled by the authority afore/aid? That every patrol fhall go To examine the 
to, and examine the feveral plantations in their divifions, at fuch times as they in t jJ"^t ifafforie 
their difcretion fhall fee fit, one night in fourteen at leaft, and may and fhall take up night in four- 
all flaves which they fhall fee without the fences or cleared ground of their owners 
plantations, who have not a ticket or letter, or other token to fhew the reafonablenefs E 
of their abfence, or who have not fome white perfon in company to give an account correc 
of his, her or their bufinefs ; and fuch patrol may correct every fuch flave or flaves 

by whipping with a fwitch, whip, or cowfkin not exceeding twenty lafhes. Provided, Provifo. 

That if any patrol-man, not having fufficient caufe, fhall beat and abufe any flave bte abufeiiatrte 

peaceably and quietly being in his mailer's plantation, or found any where out of to forfeit $f. 
the fame, having lawful or other token as is herein before directed, fuch patrol- 
man fhall for every fuch offence forfeit and pay the fum of five (hillings, and in 

cafe of fuch flave being maimed, difabled or killed, fhall be fubject to the feveral ] { maimed or 

penalties inflicted for fuch offences by the act, entiled " An act for the better go- o tner penalties. 
verning negroes and other flaves in this province, and to prevent the inveigling or 

•carrying away flaves from their mailers or employers." And the faid patrols fhall p^rols tofearch 

have full power to fearch and examine all negro houfes for offenfive weapons and for offenfive 

• *■-"!• r 111- c\ n weapons and 

ammunition, and on finding any fuch, contrary to the before recited act, fhall pro- ammunition, on 

ceed as is therein directed; and if any patrol fhall fee any fugitive flave or flaves findin g an y rtow 

. . J r ' P .to proceed, iee 

endeavoring to avoid them by hiding or running into, or fhall hear of fuch being act of 1770, 

harbored in any dwelling houfe of a white perfon, the commander fhall afk leave of i N ^ 1 . .^° 4 ' 
the owner of the faid dwelling houfe or of fome white perfon then there, to 
fearch for, examine and apprehend the faid fugitive flave, or that the faid owner 

fhould deliver up fuch flave or flaves; and in cafe the faid owner or other white white perfons 

perfon fo entreated fhall refufe to deliver up fuch fugitive flave or flaves, or to fuffer fufpe<ajed of 

fearch to be made for them, the faid patrol or any other white perfon having (een j e 6l to fine of 

fuch flaves enter, fuch perfons fo refuting fhall forfeit the fum of five pounds for & 5 on "fifing 

--. topermitiearch. 

every fuch offence. 

VIII. And be it further enacted by the authority (fore/aid, That the faid patrols in Patrols to enter 
their feveral divifions, and within the town of Savannah and limits above mentioned, d \ iord -f r h U V- 

' plmg houies, to 

or any two perfons belonging to the faid patrols refpectively, fhall have full power, and correct flaves 

they are hereby authorifed and empowered to enter into any diforderly tippling houfe a °^ n .£ YrT'sa- 

or other houfe, fufpecting of harboring, trafficking or dealing with negroes, either vannah may 

of white perfons, free negroes or others, and to apprehend and correct all diforderly ^" rk houfe- 
flaves there found, by whipping or delivering fuch flave or flaves to the warden or 
keeper of the work houfe in Savannah, if belonging to plantations or fettlements , /' , 

r > o to r ^ an d ma y fearch 

without the limits of the faid town and the five acre lots of the fame as aforefaid, and them for ftolen 

apprehended within the fame as herein before directed : and the faid patrols, in their g0 ° s ' 
feveral divifions, may fearch any diforderly houfes for ftolen goods, if any are fuf- 

pected 



124 DIGEST OF THE 

A. D. 1765. pe£led to be there ^concealed, upon oath firft made of fuch fufpicion before a magiC- 
Np 137- trate, and the fame certified to the commander of fuch patrol. 

IX. And ivhereas many irregularities may arife by patrols drinking too much liquor 
before or during the time of their being on duty, Be it enabled by the authority afore/aid } . 

Patrol getting That any perfon whatever,, who fhall be drunk during the time of his fervice on the 
fubjedt °to fine Patrol, fhall be fubjecl to the penalty of a fum not exceeding ten millings, to be re- 
of iof. for the covered by warrant of any juftice of the peace, upon oath firft made thereof, the 
waySt fame to be applied to the ufe of the highways in, the refpe£tive diftricts where the 

offence fhall happen. 

X. XI. Prohibiting perfons trading with negroes without licenfe or confent of 
owners. — Re-enacted with alterations by a£t of 1770,. No. 204, feet. 31, 32, 33. 

Field officers to > XII. And for the better enforcing the performance of the feveral duties required 

inpenntend bv this aft, Be it further enatled by the authority aforefaid* That the field officers of 
captains and o--' -", .. ...... 

ther officers in each refpechve regiment of foot militia within this province, or any of them, fhall 
their patrol du- ^ an( j they are hereby directed and empowered to give fuch directions and orders,, 
from time to time, to the feveral captains and other officers commanding companies 
in the regiments to which fuch field officers belong, as they fhall judge necefTary for 
the more effectually doing and performing the feveral duties by this act required by 
them to be done and performed j and on failure thereof by the faid feveral captains 
and officers commanding companies as aforefaid, the faid field officers or any of them 
are hereby directed and enjoined to caufe the feveral fines and penalties mentioned in 
this act to be ftrictly levied, and applied in the manner herein before mentioned. 
Perfons fued for XIII. And be it further enacted by the authority aforefaid. That if any captain or 
""ho" S t otner officer, conftable, patrol-man or other perfon fhall be fued, arretted or im- 
plead, pleaded for any. matter or thing which he fhall do or caufe to be done, by virtue of or 
in purfuance of this act, it fhall and may be, lawful for every fuch captain or other 
officer, conftable, patrol-man or other perfon to plead the general iffue, and give this 
act and the fpecial matter in evidence on the trial ;, and if a verdict fhall pafs againlt. 
the plaintiff or plaintiffs, or that fuch plaintiff or plaintiffs fhall fuffer a non-fuit, or 
difcontinue his or their action or fuit ; then and in every fuch cafe the court, where 
T d fuch action fhall he depending, fhall tax and allow to the defendant his or their dou- 
ble cofts, ble cofts in every fuch fuit or action-.*' 

ALEXANDER WYLLY, Speaker, 
JAMES HABERSHAM, PrefdenU 
James Wright- 
November 1 3, 1 765. 
* This a<5l is perpetuated by revival a<ft of 1783, No. 279. 



A. D. 1766. 
No. 138. An ordinance for appointing packers and infpeclors for the pofls of Savannah and Sunbury in 

this province, 
March <5, 1766. 
Obfolete, 

An 



LAWS OF GEORGIA. 125 

An Ail for encouraging fettlers to come into this province; and for A. D. J766. 
granting to his majejly the fum of £i%i$ferling to be ijfued in 
certificates by the commiffioners herein named for the faid purpofe ; 
and alfo for the re-building the court houfe in Savannah, in confe*- 
quence of an acl of the general ajfembly, paffed the 2Qth day of 
February, 1764. 

WHEREAS- the encouraging fettlers to come into the province will be of the For the encou- 
greateft benefit and advantage thereunto, and as it appears that many fami- "gemeDtoffet- 
lies are inclined to remove with their effects into the fame, provided any encourage- 
ment could be given them, Be it therefore enaEied^ That for and during the fpace of Any number of 
three vears next enfuinp- the paffine of this a£t, when any number of families, being proteftantfami- 
proteftants, not lefs than forty, each family to confift at leaft of one man above the than forty com- 
age of fixteen years, and one woman fhall arrive in this province, and fhall produce in ^ . into 

o J ? _ . " province may 

to the governor and council fufficient teftimony of their good character, a townfhip have a town- 

fhall be immediately allotted and laid out in fome convenient fpot for their refidence ; t i" e P m a ° ttC 

which allotment and the feveral furveys of the refpective tracts in proportion to the office fees for 

number in each family, and alfo the feveral fees due to the feveral officers for pairing furveying, &c. 

their grants through their refpettive offices, fhall be defrayed by the public, and paid t ^ e Abiic. 
by the treafurer as is herein after directed. 

III. And be it enabled by the authority aforefaid, That the perfons fo coming in being Exempt from 

proteftants, and fettling in townfhips as aforefaid in purfuance of this acl, fhall be for^heir^av^ 

exempted from all provincial taxes except for their flaves, for and during the fpace o£ for ten years, 
ten years from the time of their fettlement as aforefaid. 

All the rejl obfolete, 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Prefident. 
James Wright. 
March 6 , 1766. 



An Acl to prevent frauds and deceits in felling beef pork, pitch, tar, no. 'i 4 o. 

turpentine and fire-wood, 

WHEREAS the preventing frauds and deceits in the packing of beef and pork, Preamble. 
and in felling pitch, tar, . turpentine and fire-wcod, will greatly increafe 
the credit and repute of thofe commodities of this province, and alfo be for the par- 
ticular benefit and emolument of the purchafers or exporters of the fame, Be it there-, 
fore etmcled, That from and after the firft day of February next, all and every cafk 
or calks in which any beef or pork fhall be packed and expofed to fale, within this 
province, fhall be made of found, dry and well feafoned white oak timber, free from 
fap, the- heads as well as bodies of which cafks fhall be made tight fo as to hold pickle, 

and, 



no 



DIGEST OF THE 



A. D. 1766. 

No. 140. 



Beef, pork, &c. 
for exportation 
to be infpecled, 
under penalty of 
20/. 



Barrels of pitch, 
tur, turpentine 
of what Hze. 



Perfons (hip- 
ping the lame 
unmarked to 
forfeit sf- 



Barrels may be 
opened oniufpi- 
cion of fraud. 



Pitch condemn- 
ed to be for- 
feited. 



Provifo. 



and the faid caOc fhall be proved before tlie fame fhall be packed with any beef or 
pork, and fhall guage thirty gallons. 

II. Re-enacted with amendments, by act of 1768, No. 179. 

III. And be- it further enabled by the authority aforefaid, That from and after the 
faid fir ft day of February aforefaid, no merchant, factor, trader, or other perfon, 
fhall (hip for exportation on board any fhip or veffel whatever, any beef or pork for 
a foreign market, before the fame be packed by fome packer or inspector of the port 
or place where the fame is intended to be fhipped, and by the faid packer and infpec- 
tor branded, under pain of fuch perfon fo (hipping, forfeiting the fum of twenty 
fhillings fterling, for every fuch calk fo fhipped, to be recovered and applied as herein 
after directed. 

IV. And be it further enabled by the authority aforefaid, That from and after the 
faid firft day of February aforefaid, every barrel of pitch, which fhall be made and 
fold in this province, fhall contain three hundred and twenty-two pounds grofs weight, 
and the ftaves of the faid barrels not to exceed half an inch in thicknefs ; every bar- 
rel of tar, made and fold as aforefaid, fhall contain at lead thirty-two gallons, clear 
■of dirt, drofs, chips, or water ; and every barrel of turpentine, fo made and fold 
as aforefaid, fhall weigh four hundred and fixty pounds grofs, clear of dirt, fand or 
water ; and that no merchant, factor, trader, or other perfon whatever, fhall fhip, 
or put on board any fhip or veffel, for exportation from this province, any tar, pitch, 
or turpentine, before the fame is marked by fome packer or infpector, under pain of 
forfeiting, for every barrel fo fhipped, the fum of five fhillings fterling, to be recov- 
ered and applied as herein after directed. 

V. And be it further enabled by the authority aforefaid. That if any fraud or abufe 
fhall be fufpected in any barrel or barrels of pitch which fhall be brought to mar- 
ket or expofed to fale, the perfon who fhall treat for the purchafe of fuch pitch, 
fhall be at liberty to cut open as many barrels of the fame as he fhall think proper, 
which fhall be liable to be viewed, judged and forfeited as hereinafter directed, and 
where any pitch fhall be condemned as fraudulent by the perfon or perfons empower- 
ed to view and judge the fame, all fuch condemned pitch fhall be forfeited and fold 
by the treafuter, and applied to fuch ufes as is herein after directed, and the owner 
or perfon expofing fuch pitch to fale fhall alfo forfeit the fum of five millings fterling 
for each barrel fo fraudulently brought to market and expofed to fale, and the fame 
may be recovered againft him as is provided by the act for the more eafy and fpeedy 
recovery of fmall debts and damages, and fhall be applied to the ufes as herein after 
directed ; Provided always, That where any pitch fhall be ordered to be cut open as 
aforefaid, without the confent of the owner or perfon offering or expofing the fame 
to fale, the fame mall be done at the rifque of the perfon who fhall caufe fuch pitch 
to be fo cut open, (that is to fay,) if fuch pitch fhall not be condemned as fraudulent by 
.the perfon or perfons empowered to view and adjudge the fame} that then the perfon who 
caufed the faid pitch to be fo cut open and examined fhall take to himfelf every fuch 
barrel fo cut open, and which fhall not be condemned as aforefaid, and fhall pay to the 
owner or perfon offering the fame to fale the current fum or price which good pitch 

fhall 



LAWS OF GEORGIA. 



127 



{hall then bear at that port or place, any thing herein contained to the Contrary A. D. 1766. 
notwithftanding. . No. 140. 

VI. And be it further enabled by the authority afore/aid, That fuch perfons as fhall Infpe&ors to be 
be appointed packers or irifpectors by ordinance or otherwife of the governor, council, 
and commons houfe of affembly, in general affembly met, fhall be, and they are 
hereby directed, before they enter into the execution of their offices, feverally and: 
refpectively to take the following oath before fome juftice of the peace for the parifh 
where fuch port fhall be, who fhall grant fuch packer or infpector a certificate thereof : 

I A. B. do folemnly fwear, that I will faithfully and impartially execute the bufinefs Their o»fcK; 

and duty of a packer and infpector in the town and port of , : to the belt of 

my fkill and.judgment, without favor or prejudice, and without any delay, agreeable 
to an act of the general affembly of this province, entitled " An Act to prevent 



a 



i< 



€t 



a 



a 



pork, 



pitch,, tar, turpentine and fire-wood. 



a 



frauds and deceits in felling beef, 
So help me God." 

VII. And be it further enabled by the authority aforefaid) That the packers and in- 
fpectors fo to be appointed fhall receive for their trouble from the feller or owner of 
any beef, pork., pitch, tar, or turpentine, the fum of fix-pence for every' barrel of 
beef or pork,, and the fum of two-pence for every barrel of pitch, tar, or turpen- 
tine, which they fhall view, infpedt, mark, or brand, as aforefaid; and the faid pack- 
ers and infpectors are hereby feverally directed to have and make ufe of a feparate 
brand with initial letters of the name of fuch packer and infpector, and, in cafe of 
refufal or neglect to do and perform any of the duties by this act required to be done 
and performed by fuch packer and infpector,. he or they fo refufing or neglecting, 
after he or they fhall have accepted fuch office, fhall, for. every fuch offence, forfeit 
the fum of ten millings. 

VIII. And be it further enabled by the authority afonfaid, That if any packer or infpec- 
tor fhall mark or brand any beef, pork, pitch, tar, or turpentine, not weighing or con- 
taining the weights or meafures directed by this act, fuch packer or infpector fhall, 
for every barrel fo marked or branded, forfeit the fum of forty fhillings flerling, to be 
recovered and applied as herein after directed. 

IX. And whereat many frauds are committed in the fale of fire-wood, Be it further 
enabled by the authority aforefaid^ That from and after the firft day of February afore- 
faid, every cord of fire-wood which fhall be fold in this province, fhall meafure eight 
feet in length, four feet. in height, and four feet in breadth, and in cafe any perfon or 
perfons whatever, having any fire-wood fold and delivered them by the cord, as afore- 
faid, fhall fufpecf a deficiency therein, every fuch perfon or perfons fhall and may 
apply to any of the packers and infpectors to be appointed as aforefaid to cord and 
meafure the fame, and in cafe any deficiency fhall appear, the perfon or perfons fel- 
ling the fame fhall for every cord that fhall be fo deficient, forfeit the fum of ten 
fhillings ; and the packer and infpector meafuring the fame, fhall be paid the fum of 
fix pence for every cord fo meafured by the feller thereof, in cafe of deficiency, and 
in cafe no deficiency fhall appear,, then to be paid the fum of fix. pence by the perfon or 
perfens applying. 



Infpeelor's fees. 



They are to 
brand all bar- 
rels with their 
initials under 
penalty of icy. 



Packers, &c. li- 
able to penalty 
of zof. for mark- 
ing beef, &c, 
improperly. 



Fire-wood, fize 
of cord. 



Perfons felling 
the fame defici- 
ent to forfeit 
10/. 



!28 * DIGEST OF THE 

A. D. 1766. X. And be it further enaBedby the authority aforefaid, That all the fines and forfei- 
No. 140- tures by this act inflicted fhall be recovered, upon proof of the offence, before any 
tines recovered juftice of the peace for the parifh where the fame fhall be committed, by warrant 
the°peace, IC and under the hand and feal of fuch juftice, directed to any conftable of the faid parifh, 
how applied. an d be to the informer. 

XL And be it further enabled, That this act, fhall be and continue in force for and 
during the term of three years, and from thence to the end. of the next feffion of the 
general affembly and no longer.*" 

JAMES HABERSHAM, Preftdent. 
ALEXANDER WYLLY, Speaker. 
James Wright. 
March 6, 1766. 
* Perpetuated by ad of 1783, No. 279. 



No. 141. _£ n j{bl to empower the feveral cotrnnijjioners or furveyors hereafter named, to lay out and 
make fuch public roads in the province of Georgia, as are herein after mentioned and 
direbled, and to continue to work upon, clear, repair and improve the feveral roads 
already laid out, and alfo the rivers and creeks within their feveral and refpeblive divifions. 

March 6. 

Obfolete. 



No. 142. An Act for granting to his majefly the fum of ^1925 6 I flerling for the ufe andfup- 
port of the government of Georgia for the year 1766, to be raijed by certain rates and 
after the method therein mentioned, and for the more effeBual collecling of arrears. 

March 6. 
Obfolete. 



Freamble- 



No - *43. , An Aft for amending an Ac~l for holding fpecial or extraordinary 
courts of common pleas for the trial of caufes arifing between mer- 
chants, dealers and others? and /hip-ma/lers, fupercargoes, and 
other tranfient perfons* 

WHEREAS by an act paffed hy the general affembly of this province, entitled 
" An act for holding fpecial or extraordinary courts of common pleas for 
the trial of caufes arifing between merchants, dealers, and others, and fhip-mafters, 
fupercargoes, and other tranfient perfons," // is enabled, that the chief juftice and. 
juftices of the general court of pleas within the fame fhall, upon application, order 
a,nd appoint fuch fpecial or extraordinary court, wkhin feven days after fuch applica- 
tion, 



LAWS OF GEORGIA. 129 

tion, for the trial of any caufe or matter in difference, being within the meaning of A. D. 1766. 
the faid act. Not 143. 

And ivkereas it often happens that the defendants in fuch caufes refide at a great 
diftance from Savannah, fo that it is impracticable to make a return of the writ iflued 
in fuch caufe within the fpace of feven days aforefaid, Be it therefore enabled. That im- Ena&ed. 
mediately from and after the palling of this act, upon any application being made to Special or ex- 
the chief juftice or juftices of the general court of pleas in this province, for any fpe- tra ° rdinar y 
cial or extraordinary court of common pleas to be held for the trial of any caufe or held at any time 
caufes by virtue of the faid act, it fhall and may be lawful to and for the chief juftice ™* m twenty 
or juftices aforefaid, at his or their difcretion, to order and appoint fuch fpecial or ex- 
traordinary court to be held at any time within twenty days as the neceffity of the cafe 
may require, after fuch application, any thing in the faid act to the contrary not- 
withftanding. 

ALEXANDER WYLLY, Speaker. 

JAMES HABERSHAM, Preftdent. 
James Wright. 
March 6, 1766. 



An Ac! for the further continuance of an atl to prevent Jlealing of horfes and neat cattle ; and No - J 44- 
for the more effectual difcovery and punifhment of fuch perfons as fhall unlawfully brand, 
mark, or kill the fame. 

- March 6. 

Rc-ena£led ivith amendments by aS of if] 3, No. 240. 



An Aft for eflablifhing a ferry from the plantation of Miles Breivton, No. i 45 , 
Efquire, near Savannah, to the plantation of Jermyn and Charles 
Wright, Efquires, called Rochejler, in the province of South Caro- 
lina, and for vefing the fame in the faid * Miles Brew ton, Efquire, 
his executors, adminijlrators, and affigns,for and during the term 
of feven years, 

WHEREAS a law has patted in the province of South Carolina, for the Preamble, 
eftablifliment of a road and ferry at the plantation of Jermyn and Charles 
Wright, Efquires, called Rochefter, fituated on the north fide of Savannah river in 
the faid province : And whereas it is neceflary that a ferry ihould be eftablifhed on 
the fouth fide of the faid river, as near oppofite the ferry before mentioned as may 
be, which will tend to the conveniency of, and promote a fpeedy communication 
between both provinces, Be it enabled. That a public ferry fhall be, and the fame is 

R hereby 

* New vefled in Nuhol Turnbull. Sec act ot 1756, No. 539. 



13° DIGEST OF THE 

A. D. 1766. hereby eftablifhed upon Savannah river, from the plantation of Miles Brewton, Ef- 

No. 145. quirCj tQ the p i antat i on f j erm y n and Charles Wright, Efquires, called Rochefter, 

Brewton s ferry . r, r 1 r 1 r • 1 • " * * 

on Savannah ri- on tne oppohte tide ot the fain river. 
ver eftablifhed. The refl of this aft is expired or sbfolete. 



James Wright. 
March 6, 1766. 



ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Prefident. 



No. 146. ^ n -At! to explain and amend an Q ft for the letter regulating taverns , punch houfes, and 

retailers of fpiritous liquors. 
March 6. 

Repealed by ail of 179.1, No. 459. 



No. J47. <An d£l to punifh feamen or mariners^ neglecling or deferring their 
duty on board their refpecli<ve Jhlps or vejfels ; and for preventing 
feamen or mariners from being harbored or running in debt. 

Preamble. "Y"1TT"HEREAS mafters and commanders of vefTels trading to this province are of- 

Y w ten greatly diftrefled by the neglect or defertion of their feamen, which is 
in general occafioned by fuch feamen being harbored and entertained by and running 
in debt with the keepers of taverns and tippling houfes, and ill difpofed perfons, to 
the great detriment and hinderance of trade, for prevention of which evil, Be it enacl- 
On complaint e ^> That from and immediately after the palling of this act, if any feaman or mariner 
juftkes of the having entered or fhipped himfelf on board any fhip or vefTel within this province, or 
prehenffYnd* 1 ' which fhall come to the fame, and having figned an agreement or contract with the 
commit rcfrac- mailer or commander thereof to proceed upon any voyage therein mentioned, fhall 
da contra'ft. abfent himfelf from fuch fhip or vefTel for the fpace of twenty-four hours, without 
leave had and obtained from the faid mailer or commander, or other chief officer 
having the command of fuch fhip or vefTel, or fhall refufe or neglect to perform his 
duty on board the fame, or refufe to proceed the voyage mentioned in fuch agree- 
ment or contract figned as aforefaid, it fhall and may be lawful for any juftice or 
juflices of the peace, within their refpective jurifdictions, upon application being 
made to him or them by fuch mafter or commander, to ifiue his or their warrant or 
warrants, to apprehend fuch feamen or mariners, and upon proof of fuch abfence 
without leave had and obtained, or of fuch neglect: or refufal as aforefaid, to commit 
fuch feaman or mariner to the gaol or work houfe for any time not exceeding thirty 
days, any law, ufage or cuftom to the contrary notwithstanding. 
Expences to be H. And be it further enaBed by the authority aforefaid, That the charge of apprehend- 
paid and de- m g s committing, and maintaining fuch feaman or mariner, during his confinement 
feamen'swages. as aforefaid, fhall be paid by the complainant, which charge he is hereby authorized 
to deduct out of the wages due or to be due to fuch feaman or mariner. 

III. 



LAWS OF GEORGIA. i-r 

III. And be it enabled by the authority afore/aid, That if any perfon or perfons what- A. X>. 1766. 
foever after the paffing of this act, fhall give credit to or truft any feaman or mariner No. 147- 
belonging to any (hip or veffel within this province, having figned an agreement or Paribus trufiirp 
contract: to proceed therein as aforefaid, for any fum exceeding five (hillings, except cot L ltra & u \- )OVC 
by leave of the mafter or commander of fuch (hip or veffel, he, (lie, or they fo giv- 5/- except by 
ing credit to or trufting fuch feaman or mariner as aforefaid, fhall, for every fuch the fame, 
offence, lofe the monies or goods fo credited or trufted. 

IV. And be it enabled by the authority aforefaid, That if any perfon or perfons what- p er f oos harbor- 
foever after the paffing of this act, fhall willingly and knowingly entertain, retain, ing them to for- 

. . . feit Aof- for eve- 

harbor, or keep, or fhall directly or indirectly fuffer to be entertained, retained, ry twenty-four 
harbored or kept, any feaman or mariner belonging to any fhip or veffel, and having h° u f s < or enter- 

r 1 r>; r ..,. 6 ,? l ; , r . 1r . 1 , 6 taming them 

figned any agreement or contract as aforefaid, in his, her or their houfe without the without leave. 

leave, privity or confent of the mafter or commander of fuch fhip or veffel, he, fhe, 

or they fo offending, fhall forfeit the fum of forty (hillings fterling for every twenty 

four hours fuch feaman or mariner is harbored, entertained, retained, or kept in his, 

her, or their houfe as aforefaid, and fuch fine or forfeiture fhall be recovered by dif- Ho , w re c°vered 

trefs and fale of the offender's goods by warrant under the hand and feal of any juftice 

of the peace of the parifh where fuch offence fhall be committed, which penalty fhall 

be to his majefty for the ufe of the poor of the faid parifh. 

V. And be it enabled by the authority aforefaid, That all and every keeper or keepers Perfonskeepin^ 
of taverns or tippling houfes or any other perfon or perfons whatfoever, who from ^PP 1 . 1 "? ho " iC * 

f 1 rr* f 1 • r\ n /* 11 I U fill 111 HIP" 1C3. - " 

and after the pafling of this act, fhall fell any wine, punch, beer, ale, cyder, or any men with more 
fpiritous liquor whatever, to any feaman or mariner belonging to any fhip or veffel, than V 6 worth 
and having figned any agreement or contract as aforefaid, to the amount of more 
than one (hilling and fix-pence in any one day, or (hall entertain, or fuffer any fea- 
man or mariner as aforefaid to drink or tipple in his, her, or their houfe, or furnifh or entertain 
fuch feaman or mariner with any liquor as aforefaid after the hours of nine of the , , m t ! r ?'?v 

1 ." o clock at night 

clock at night, unlefs with the knowledge or by the leave and confent of the mafter without leave, 
or commander of the fhip or veffel to which fuch feaman or mariner fhall belong, ° or eit 2 ™" 
fuch keeper of tavern or tippling houfe, or fuch perfon or perfons fo offending, 
fhall, upon proof of fuch offence, forfeit the fum of twenty (hillings fterling, to be 
recovered and applied as in this act is before directed. 

VI. And be it further enacled by the authority aforefaid, That from and after the Seamen having 

A - flC'llll" 

paffing of this act, any and every feaman or mariner, whofe agreement or contract ree ^ e * *f v 
entered into with any mafter or commander of any fhip or veffel within this pro- demand of the 
vince for the performance of any voyage therein fpecified, (hall be fulfilled and de- ™* M " thereof" 
termined, fhall and may demand of, and from the faid mafter or commander a cer- on failure to 
tificate thereof, and of his difcharge from fuch (hip or veffel, which certificate fj penalty of 
fuch mafter or commander is hereby required to give, under the penalty of five £,5- 
pounds fterling, to be recovered by warrant of diftrefs and fale of the offender's Ho , w rec .°^ ered 
goods, under the hands and feals of any two juftices of the peace for the parifh 
where fuch offence was committed, and be to his majefty, and applied one half to 
the informer, and the other half to the poor of the faid parifh ; and upon refufal of 

the 



132 



DIGEST OF THE 



A. D- 1766. 

No. 147. 

Two juftices 
may in fuch 
cafes on proper 
proof grant the 
fame. 
Their fees. 



Comma ndars 
hiring feamen 
without certifi- 
cate to forfeit 



Ferrymen tranf- 
porting them 
not haying fuch 
certificate to 
forfeit £5. 



How recovered 
and applied. 



No. 148. 



the faid mailer or commander to give fuch certificate without juft caufe, any two 
juftices of the peace upon due application and proof thereof, are hereby empowered 
to give fuch certificate, which (hall be of equal force as if given by fuch mafter or 
commander j and fuch juftices fhall receive for every fuch certificate fo given by 
them as aforefaid the fum of one {hilling fterling, to be paid by fuch mafter or com- 
mander fo refufing as aforefaid, 

VII. And be it further enaBed by the authority aforefaid, That no mafter or com- 
mander of any (hip or veffel within this province, fhall hire, receive, entertain or 
ihip any feaman or mariner belonging to and pretending to be difcharged from any 
other fhip or veffel, unlefs fuch feaman or manner fhall have a certificate of his dif- 
charge as aforefaid, under the penalty of ten pounds fterling, to be recovered and 
applied as the penalty in this a£t inflicted upon matters or commanders refufing to 
give fuch certificate. 

VIII. And be it further enaBed by the authority aforefaid, That if any perfon or 
perfons keeping or attending any ferry within this province, fhall willingly or wil- 
fully tranfport, or fuffer to be tranfported over fuch ferry any fugitive feaman or 
mariner not having a certificate of difcharge as directed by this aft, fhall upon con- 
viction thereof before any one of his majefty's juftices of the peace for the parifh 
where fuch offence was committed, forfeit five pounds fterling, to be recovered by 
warrant of diftrefs and fale of the offender's goods, and be to his majefty to and for 
the ufe of any perfon or perfons informing of and fuing for the fame. 

IX. And be it further enabled, That this z€t fhall be and continue in force for and 
during the term of three years, and from thence to the end of the next feffion of the 
general aflembly, and no longer.* 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Prefdent. 
James Wright. 
March 6, i 765. 

* Perpetuated by aft of 1783, No. 279. 



An Atl to amend an aB for the better ordering and governing negroes and other flaves 
in this province, and to prevent the inveigling of carrying aivayflaves from their maflers 

or employers.— —March 6. 

Ob f oleic — See a8 of 176S, No. 1 7 1. 



No. 149. An AB to enable the commij/ioners appointed by an aB of the general 

affembly of this province, entitled " An aB for regulating the town of Savannah, and 

for afcertaining the common thereunto belonging," to alien and convey to the Honorable 

William Simpfon, Efquire, his heirs and aJfigns,for ever, a certain part of the faid 

common, in exchange for part of a lot of land adjoining the fame. 

Preamble. ~W /"HERE AS in and by an a& of the fourth general aflembly of this province, en- 

y/^f titled " An acl: for regulating the town of Savannah, and for afcertaining the 

common thereunto belonging," the faid common is ascertained and declared to be 

the 



LAWS OF GEORGIA. 



T 33 



the common property of the lot holders of the faid town, and not to be aliened or 
granted away for any purpofe whatever, otherwifethan by act. of the general affembly : 
And whereas Henry Ellis, Efquire, late governor of this province, had prior to the 
paffing the faid act, that is to fay, on or about the feventh day of February, in the 
year of our Lord one thoufand feven hundred and fifty-eight, obtained his late majefty's 
grant, under the great feal of the faid province, to him, his heirs and affigns 
for ever, for a lot of land, iituate part on the bay, and part on the common of the 
faid town of Savannah, containing one hundred and twenty feet in front, and four 
hundred and ninety feet in depth weft, and four hundred and fixty-five feet in depth 
eaft : And ivhereas the fame is fince by purchafe from the faid Henry Ellis, Efq. 
become veiled in the honorable William Simpfon, Efq. And ivhereas part of the faid 
lot may hereafter be of general benefit for the conveniency of a ftreet or paffage from 
the bay of the faid town to the hamlets of Yamacraw and Evenfburgh, and would 
now, if flopped up or built upon, be of great detriment to the public, and the faid 
William Simpfon being willing to exchange the part of the faid lot convenient for 
the above intended ftreet or paffage for an adequate proportion of land on the common 
to the weftward of, and adjoining his faid lot, Be it therefore enabled, That immedi- 
ately after the paffing of this act, it lhall and may be lawful to and for the com- 
miflioners named and appointed in and by the faid recited a£l of the gene- 
ral affembly, by any fit deed or conveyance in the law by them, or any three of 
them, to be made and executed, to grant, alien and convey unto the faid William 
Simpfon, Efq. and his heirs and affigns forever, a part of the faid common of Savan- 
nah to adjoin weftward the lot of the faid William Simpfon, and to contain thirty 
feet in width and three hundred and fix feet in depth, and particularly defcribed by the 
letters F. G. H. I. in the plan hereunto annexed, he the faid William Simpfon fir ft 
granting and conveying unto the faid commiffioners a part of his lot as aforefaid, con- 
taining forty-feven feet in width, and one hundred and twenty feet in depth, and 
particularly defcribed in the faid plan hereunto annexed by the letters A. C. E. F. 'to 
hold the fame unto the faid commiffioners, and their fucceffbrs commiffioners forever, 
as part and parcel of the common of the faid town of Savannah, for the ufe of the 
lot holders thereof. 

II. And be it further enabled by the authority aforefaid, That from and after the ali- 
enation, conveyance and exchange refpeclively made of the faid part of the faid com- 
mon, for part of the lot of the faid William Simpfon, as herein bef ire mentioned, 
the faid part of the faid common, containing thirty feet in width and three hundred 
and fix feet in depth, and defcribed in the plan aforefaid by the letters F. G. H. I. 
fhall and is hereby declared to be fevered from the faid common, and become and 
continue the abfolute property of the faid William Simpfon, to and for the ufe of 
him, his heirs and affigns for ever j and that the part of the lot of the faid William 
Simpfon, containing forty-feven feet in width, and one hundred and twenty feet in 
depth as before mentioned and defcribed, fhall, from thenceforth be and continue to 
be part and parcel of the faid common of the town of Savannah, to all intents, con- 
ftructionSj and purpofes whatever, and as any other part of the faid common is or 

may 



A. D. j 766, 

No 149. 



Ena&ed. 

Certain com- 
miffioners em- 
powered to ex- 
change a part 
of the town 
common of Sa- 
vannahfor other 
lands adjoining. 



The land alien- 
ed to be fevered 
from the com- 
mon, p.nd that 
obtained in litu 
thereof to be a 
part of the fame 
for the ufe of 
lot holder*. 



'34 DIGEST OF THE 

A. D. 1760. maybe, according to the true intent and meaning of this a&, any thing in the a& 
No. 149. herein before recited to the contrary notwithftanding. 

ALEXANDER WYLLY, Speaker. 

JAMES HABERSHAM, Prefident. 
James Wright. 

March 6, 1766. 



No. 150. J n J_a to amend an " Ac! for the better regulating the town of Savannah, and for afcer- 
taining the common thereunto belongings" and alfo to authorize and empower the church- 
wardens and veflry of the parifh of Chrifl church to appoint a beadle for purpofes herein 
mentioned. 



March 6. 

Obfolete. 



No. 151. An Aclfor amending an " Aclfor regulating the pilotage of veffels into the fever al ports 

of this province." 
March 6*. 

This ad is continued by fever al a8s until 1 733, and then it expired. 



No. 152. ■"** Aclfor the better fecurity of the inhabitants of this province by obliging the male white 
perfons within the fame to carry f re arms to all places of public worfhip. 

March 6. 

This at! gave place to afi ofiyjo, No. 1 91. 



No. 153. An A Si for the relief of debtors nvho may be confined in gaol, and are 
unable tofupport themfelves during fuch their confinement. 

Preamble. ~W1^ T"HERE AS it often happens that debtors are confined in gaol, and are, 

^f y[ through inability to fupport themfelves during their confinement, reduced 
to great diftrefs and want, and are alfo often confined, as well by the obftinacy of 
their creditors, as by their incapacity to pay their debts : 
Infolv-cnt debt- I- Be it enabled, That immediately from and after the paffing- of this a£t, any pri- 
ors in execution f oner or p r ifoners charged in execution or imprifoned for any fum or fums of money, 
to be relieved, and being unable to fupport him, her, or themfelves, fhall and may petition the 
chief juftice or juftices of the general court of pleas of this province, fetting forth 
their inability to maintain themfelves during their confinement, and upon fuch peti- 
tion the faid chief juftice or juftices may, and are hereby required by order or rule 
of the court, to caufe the prifoner to be brought up, and the feveral creditors, at 

whofe 



LAWS OF GEORGIA. 135 

whofe fuit he, {he, or they are charged or imprifoned, as aforefaid, to be fummoned A. D. 1766. 
to appear perfonally, or by their attorney in court, at a day to be appointed for that No - *53« 
purpofe, and upon the day of fuch appearance, if any of the creditors fummoned 
refufe or neglect co appear, upon affidavit of the due fervice of fuch rule or order, 
the court (hall in a fummary way examine the matter of fuch petition, and upon fuch 
examination the court may, and are hereby required to adminifter or tender to the 
prifoner, an oath to the effect following, and in cafe the perfon taking fuch oath, 
fhall have any real or perfonal eftate, debts, credits, or effects, fuch perfon fhall de- 
liver to the court, before the tender of fuch oath, an account thereof. " I, A. B. Their oath* 
do folemnly fwear, in the prefence of Almighty God, that I am not poffeffed of any 
real or perfonal eftate, debts, credits or effects whatsoever (my wearing apparel, bed- 
ding, for felf and family, and the working tools or implements of my trade and call- 
ing excepted) wherewith to maintain or fupport myfelf during my imprifonment, 
(other than are contained in the fchedule now delivered) and that I have not directly 
or indirectly, fince my imprifonment or before, fold, leafed, affigned or otherwife 
difpofed of or made over, in truft for myfelf or otherwife, any part of my lands, 
eftates, goods, ftock, money, debts, or other real or perfonal eftate, whereby to 
have or expect any benefit or profit to myfelf, or my heirs. So help me God." — 
And in cafe the prifoner fhall in court take the faid oath, and the creditor or ere- Prifoner may 
ditors fo fummoned and being in court, as aforefaid, fhall notwithftimding, infill f' 11 be ' . detained 

° , . . ° by creditors en- 

upon his or her being detained in prifon, fuch creditor or creditors mail agree by terbgintowric- 
writing, under his, her or their hands, to pay and allow a weekly fum not exceed- to" pay ^hin^a 
ing feven millings per week, untothe faid prifoner, to be paid weekly, fo long as he weekly allow- 
or fhe fhall continue in prifon, at his, her, or their fuit, and on refufal of entering q " r ° f u j('j or 
into fuch agreement, or on failure of payment of fuch weekly fum, the faid prifoner failure to pay 
fhall forthwith and upon application to the court, be difcharged by order of the pHfoner^toVe 
court, and fuch order fhall be a fufficient warrant to the provoft marfhal, gaoler, or difcharged by 
keeper of fuch prifoner, to difcharge the faid prifoner, if detained for the caufes n paying coils, 
mentioned in his or her petition, and no other ; and he is hereby required to dif- 
charge and fet him or her at liberty forthwith, the prifoner paying his or her fees, 
nor fhall the provoft marfhal or gaoler be liable to any action of efcape, or other fuit 
or information upon that account, Provided, That this act fhall not extend or be Provifc. 
conftrued to extend, to entitle to fuch maintenance as aforefaid, or to difcharge any Not ,*.°. e * tencl 

, ' . '_ . . , ■. to relief ot per- 

debtor or debtors whofe trade or occupation may or can be carried on, and can find fons capable of 
fufficient employment within the limits of the gaol in which he, fhe, or they may be [Scmfclves 8 
confined, by means whereof, a fufficient fubfiftence may or can be earned by him, withm the li- 
ner or them, miuofthegaol. 

II. Provided alfo, and be it further enabled, That if any fuch perfon who fhall take Perfons com- 

fuch oath as aforefaid, fhall, upon any indictment for perjury in any matter or parti- ^^^5?^$ 

cular contained in the faid oath, be convicted by his or her own confeffion, or by to ftand in the 

verdict of twelve men, as he or fhe may be by force of this act, the perfon fo con- ^er'afLrtohave 

victed fhall ftand in the pillory for the fpace of two hours,' and fhall never after have the beziefit of 
the benefit of this act. 

III. 



I 3 6 DIGEST OF THE 

A. D. 1766. III. And be it further enacted, That this act. (hall be and continue in force for and 
No. 153. during the term of one year, and from thence to the end of the next feffion of the 
general aflembly, and no longer.* 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Prefdent. 
James Wright. 
March 6, 1766. 

* Further continued by act of 1767, No. 170, for three year*. No further continuance can be found, nor 
can we difeover, that it has fince been revived ; but this act never having been repealed, and there beinij no 
other adt for the relief of fuch unfortunate perfons, it has generally been considered in force, and admitted by 
our courts as law : Indeed, the broad and general expreflions of the feveral revival a&s may be faid to favor fo 
benevolent a conftrudion. 



No. 154. An Ordinance directing and empowering the commijftoners herein named to pur chafe a quan- 
tity of rice at a certain price, and to retail the fame for account of the public. 

June 18. 

Obfolete. 



No. rjj. An A£l U prohibit for a certain time the exportation of clean rice, rough rice, wheat four, 

fhip bread, corn and peafe, from the province of Georgia. 

June 1 8. 
Obfolete. 

No. 156. 4 n Act to prohibit the exportation of corn and peafe until the frfl day of September next, 
and to empower the governor or commander in chief for the time being, by and with the 
advice and confent of the honorable council, at any time or times hereafter, during the 
continuance of this act, conditionally to prohibit the exportation thereof. 

December 19. 

Obfolete. 



A. D. 1767. 
No. 157. jfa jlft to amend and continue an act for regulating a work hiufefor the cuflody and puni/h-> 

ment of negroes. 

March 26, 1767. 
Re-enaaed by aB of '1770, No. 204, 2j\feS. 



No, 158. An Act to prevent Jlealing of horfes and neat cattle, and for the actual difcovery and punifb- 
ment of fuch perfons as fhall unlawfully brand, mark, kill, or drive the fame. 

March 26, 1 767. 
See a3 of 1 773> No. 220. 

An 



LAWS OF GEORGIA. 137 

An ASi to empower the commiffioners therein named to pur chafe from A. D. 1767, 
Jofiah Tatnell, Efquire, his executors or admin'iflrators, one hun- No ' * 59 ' 
dred and four acres of land, for the purpofe of ere cling a lazaretto 
upon Tybee ifland. 

WHEREAS the frequent importation of cargoes of flaves into this province Preamble, 
renders it neceflary to have feme buildings erected in a convenient and fafe 
place, where fuch flaves can be landed, and, in cafe of diftempers being among them, 
be properly lodged and attended. 

And whereas the general afTembly of this province have thought the wefternmoft 
point of Tybee ifland, and within the creek, a proper place for that purpofe, which 
land is the property of Jofiah Tatnell, Efquire. 

I. Be it therefore enabled, That immediately from, and after the paffing of this act, Lazaretto and 
it fhall and may be lawful for the commiffioners herein after named, or any three of ot "cr buildings 

J . ... onTybeeiiland, 

them, to accept and take from Jofiah Tatnell, Efquire, his executors or adminiftra- 104 acres land 
tors, a fit deed or conveyance in the law, by him or them to be duly executed, where- t '° rfSa the 
by to veft in them the faid commiffioners, and the furvivors and furvivor of them, fame. 
and the heirs of fuch furvivor, in truft to and for the ufe of the public of this pro- 
vince for ever, one hundred and four acres of land, fituate and being upon the ifland 
of Tybee, in the faid province, and being the wefternmoft point of the faid ifland, 
for the purpofe of erecting a lazaretto and other buildings, and of which premifes 
the faid commiffioners, and the furvivors of them, and the heirs of fuch furvivor, Vefted in com- 
fhall ftand feized for the ufe of the public of this province as aforefaid, and, upon niiffioners and 
receipt of fuch deed or conveyance, to pay to the faid Jofiah Tatnell, his executors, truft for public 
adminiftrators or affigns, the fum of feventy pounds lawful money of the faid province u ' e * 
for the purchafe thereof, which fum of feventy pounds the treafurer is hereby direct- 
ed and empowered to pay to the faid commiffioners, or any three of them, out of 
the produce of the tax for the prefent year. 

II. And be it further enacled, That the honorable Noble Jones, Grey Elliot, and The commifli- 
Alexander Wylly, Efquires, and Jofeph Gibbons, and John Smith, Efquires, be, 
and they arc hereby nominated and appointed commiffioners for executing and putting 
m force this act, according to the true intent and meaning thereof. 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Prefident.. 
James Wright. 
March 26, 1767. 



oners. 



An Atl to empower the commiffioners therein named to creel a lazaretto and' a houfe for the No. i<5o. 
keeper thereof upon the if and of Tybee, and to receive from the treafurer or powder re- 
ceiver of this province a fum not exceeding ^300 to defray the expences thereof and to 
empower the faid treafurer to repay the fame. 

March 26, 1767. 

S AM 



f«8 DIGESTOFTHE 



'j 



A. D. 17^7. An Acl to lay a duty upon negroes and other Jlaves that have hen above fix months in any 
No, 16 1. of .the iflands or colonics in America and imported for fale in this province, and for ap- 

propriating the fame towards the repairing or rebuilding the light ho life on Tybee if and 1 
and to prevent negroe convitls being imported into and fold in this province. 
March 26. 
Obfolete. 



No. 162. An Acl to amend an acl to empower the fever al commiffioners or furveyors thereafter named 
to lay out and make fuch public roads in the province of Georgia as are therein after 
mentioned and directed, and to continue to work upon, clear ■, repair and improve the 
fever al roads already laid out , and alfo the rivers and creeks within their feveral and 
refpeilive divifons [0 far as the fame refpecls the male white inhabitants within the 
town divifton therein afcertained. 

March 26. 
Obfolete. 

No. 163. An Ad for limitation of affions, and for avoiding offuits in laiv* 

WritsoF forme- |j /"• OR quieting of mens eftates, and for avoiding of fuits, Be it enabled. That all 
derof any lands", jL writs of formedon in defcender, formedon in remainder, and formedon in re- 
&c. to be fued yerter, of any lands, tenements, or hereditaments, or any other writ, fuit or action 
years. whatfoever, at any time hereafter to be fued or brought, by occafion or means of any 

title or caufe heretofore accrued, happened or fallen, or which may hei-eafter defcend, 
happen, or fall, fhall be fued and taken within feven years next after the pairing of 
this act, or after the title and caufe of ac~t ion fhall or may defcend or accrue to the 
fame, and at no time after the faid feven years ; and that no perfon or perfons, that 
now hath or have, or which hereafter may have any right or title of entry into any 
lands, tenements, or hereditaments, fhall, at any time hereafter, make any entry but 
within feven years next after the paffing of this a£r, or after his or their right or title, 
fhall or may defcend or accrue to the fame, and, in default thereof, fuch perfon fo 
not entering, and their heirs, fhall be utterly excluded and difabled from fuch entry 
Provifo. after to be made ; Provided neverthelefs, That if any perfon or perfons, that is or fhall 

be entitled to fuch writ or writs, or that hath or fhall have fuch right or title of entry, 
be, or fhall be, at the time of fuch right or title firft defcended, accrued, come, or 
fallen, within the age of one and twenty years, feme-coverts, non compos mentis, im- 
prifoned, or beyond feas, that then fuch perfon and perfons, and his and their heir 
and heirs, (hall or may, not with (landing the faid feven years are expired, bring his, 
her, or their action, or make his, her, or their entry, as he, (he, or they, might 
have done before this a£t, fo as fuch perfon and perfons, or his, her, or their heir 
and heirs, fhall, within three years next after his, her or their full age, difcoverture 

coming 

* Thefpace of time between the firft of July, 1775 and the firft of February, 179?, is not to be taken into 
the computation. See ad of 178a, No. 270, fed. 9; ad of 1788, No. 387, and ad of 1790, No. 438, fed. 14. 



LAWS OF GEORGIA. 139 

coming of found mind, enlargement out of prifon, or returning from beyond feas, A. D. 1767. 

take benefit of and fue for the fame, and at no time after the faid three years. No - l6 3- 

II. And for the better and more perfect quieting of mens pofTeffions and eftates, and Twenty years 

avoiding of fuits, Be it further enaSled, That ail and every perfon and perfons what- „f \ .} 5j lands, 

foever, now in poffeffion of any lots, lands, tenements, or hereditaments whatfoever, &c - g' ood n S ht 
. , . , . . , • , r n 1 1 forever in fee- 

within this province, derived irom any grant, allotment, or other power or authority fi m pj e . 

whatfoever, by, from, or under the late truftees for eftablifhing this colony, or their 

prefident and affiftants, or from any other perfon or perfons whatfoever under their 

authority, or by or from any grant from his late majefty, (of bleffed memory) or 

from his prefent majefty, or by or under any laft will and teftament, purchafe or 

nurchafes, whether by deed of gift, bill of file, or other conveyance whatfoever, for 

lawful or valuable consideration, and where the perfon or perfons now in poffeffion 

of the faid lands, tenements, or hereditaments, do poffefs, hold, and claim the 

fame, as of his, her, or their own proper right in fee fimple, and the perfon or 

perfons fo in poffeffion, or the perfon or perfons under whom they claim, have fe- 

veraily or fucceffxvely been quietly polleffed of the fame under any of the titles, ways, 

or means aforefaid, and without lawful interruption, by fuit or action at law actually 

commenced, enjoyed the fame for the fpace of twenty years before the palling of this 

act, that then fuch perfon and perfons, fo in poffeffion as aforefaid, fhall have good 

right and title to the fame, and fhall have, hold, and enjoy the faid lands, tenements, 

and hereditaments, unto him, her, or them, his, her, or their heirs or affigns for 

ever, in fee fimple, againft all and every other perfon and perfons whatfoever,. any 

thing herein before contained to the contrary notwithftanding. 

III. And be it further enaEled, That not only the perfon or perfons who are or All under dai. 
fhall be hereafter barred, by not fuing or profecuting his or their claim fo any lands, j^'manner * 
tenements, or hereditaments in this province, within the time limited by this act, 

but alfo all manner of perfons whatfoever, that fhall at any time claim under fuch 
perfon or perfons who have loft or may hereafter lofe their right, by neglecting to 
fue and profecute his or their claim as aforefaid, fhall be in like manner barred by 
this act as his, her, or their anceitor or anceftors, or thofe under whom they claim, 
were or would have hereby been, and that this act, and fuch claufe or claufes herein 
as relate to the matters aforefaid, may be given in evidence to a jury upon a trial 
of any claim, matter, or right to any lands or tenements in queftion between party 
and party, and that the chief juftice and judges upon all fuch trials fhall allow the 
fame to be given in evidence fo far as the fame concerns the faid matter in difference.. 

IV. And, to prevent any difputes how claims are to be made to lands, and claims to be 
what claims fhall be allowed to be good and effectual in this province, and that n - aclt; effedlual 

, , . , , by fuit on! v. 

the poffeffors of lands may know how and in what manner other perions having 
or laying claim to any lands or tenements, in their poffeffion muft claim the fame, . 
and alfo that perfons having right or title to lands or tenements poffeffed by others 
may the better know how to claim or demand their right in fuch cafe, Be it enatJed\ 
That all and every perfon and perfons whatfoever making claim to any lands or te- 
nements in this province, in order to make fuch claim effectual, fhall and are to 
make the fame by action a.t law, duly entered in the general court of pleas in this 

province. 



£ 4 o DIGEST OF THE 

A. D. 1767. province, and that the chief juftice and judges of the faid court do allow of no 
No. 163. claim to any lands or tenements, for or by any perfon or perfons, in any fuit or 
fuits that may be brought, fued, or profecuted in the faid court, other than what is 
or has been made by attion or fuit on record as aforefaid, any law, cuftom, ufage, 
or practice to the contrary, notwithftanding. 
Limitation of V. And be it further enabled, That all actions of trefpafs, qtiare claufum /regit, all 

ctrtam actions. ac y lons f trefpafs, detinue, actions of trover and replevin for taking away of goods 
and cattle, all actions upon account and upon the cafe, (other than fuch accounts as 
concern the trade of merchandize between merchant and merchant, their factors or 
fervants,/all actions of debt grounded upon any lending or contract: without fpecialty, 
all actions of debt for arrearages of renf|p and all actions of aflault, menace, and bat- 
tery, wounding and imprifonment, or any of them, which (hall be fued or brought 
at any time after the palling of this act, fhall be commenced and fued within the time 
and limitation herein after expreffed, and not afterwards, that is to fay, the faid 
actions upon the cafe, (other than for flander) and the faid actions for account, and 
the faid actions for trefpafs, debt, detinue, and replevin for goods and cattle, and the 
faid actions of trefpafs, quire claufum f regit, within three years next after the palling 
of this act, or within four years next after the caufe of fuch actions or fuits, and not 
after ; and the faid actions of trefpafs, aflault, battery, wounding, imprifonment, or 
any of them, within one year after paffing this act, or within two years next after 
the caufe of fuch actions or fuit, and not after ; and the faid actions upon the cafe 
for words, within fix months after paffing of this act, or within fix months next 
after the words fpoken, and not after. 
In cafe of-rever- VI. And neverthelefs be it enured, That if, in any of the faid actions or fuits, judg* 
faiof judgment men t fhall be given for the plaintiff, and the fame be reverfed by error, or a verdict 

"DiaintiiT niav 

renew his acli- pafs for the plaintiff, and upon matter alledged in arreft of judgment, the judgment 
on within ayear ^ e gj ven a g a i n it the plaintiff^ that he take nothing by his plaint, writ, or bill, or if any 
•the faid actions fliall be brought by original, and the defendants therein be outlawed, 
and fhall after reverfe the outlawry, that in all fuch cafes the party plaintiff, his heirs, 
executors, or adminiftrators., as the cafe fhall require, may commence a new action 
or fuit from time to time, within a year after fuch judgment reverfed, or fuch judg- 
ment given againft the plaintiff, or outlawry reverfed, and not after. 
In trefpafs dif- VII. And be it jurther enacled, That in all actions of trefpafs, quare . claufum fregit 
claimtrandten- hereafter to be brought, wherein the defendant or defendants fhall difclaim in his or 
when fuffident their plea, to make -any title or claim to the land in which the trefpafs is by the decla- 
bar to anions. ra tion fuppofed to be done, and the trefpafs be by negligence, or involuntary, the 
defendant or defendants fhall be admitted to plead a difclaimer, and that the trefpafs 
was by negligence, or involuntary, and a tender or offer of fufficient amends for fuch 
trefpafs before the action brought, whereupon, or upon fome of them, the plaintiff or 
plaintiffs fhall be enforced to join iffue, and if the faid iffue be found for the defend- 
ant or defendants, or the plaintiff «or plaintiffs fhall be non-fuited, the plaintiff or 
plaintiffs fhall be clearly barred from the faid actions, and all other fuit concerning 
the fame, 

VI1L 



V 



% 



LAWS OF GEORGIA. . - 141 

VIII. And be it further enabled, That in ail actions upon the cafe for flanderous A.D. 1767. 
words, to be fued orprofecuted by any perfon or perfons in the general court in this No - l(> ^ 
province, or in any other court having power to hold plea for the fame, after the l n * t r ' lf 
palling of this act, if the jury upon the trial of the iffue in fuch action, or the jury der4q/:nomore 
that .fhall enquire of the damages, do find or affefs the damages under forty fhillings, Covered ^ 
then the plaintiff or plaintiffs in fuch action (hall have and recover only fo much coils 

as the damages fo given or affeffed amount unto, without any further increafe of 
the fame, any law, ftatute, cuftom, or ufage to the contrary, in any wife notwith- 
ftanding. 

IX. Provided neroerthelefs, and be it further enabled, That if any perfon or perfons, Limitations not 
that is or (hall be entitled to any fuch action of trefpafs, detinue, action of trover t0 ^ffed perfons 

\ . underage or 2 1 

replevin, actions of accounts, actions of debt, actions of trefpafs for afTault, menace, years, 
battery, wounding, or imprisonment, actions upon the cafe for words, be or (hall be, 
at the time of any fuch caufe of action given or accrued, fallen or come, within the 
.age of twenty-one years, feme covert, tion compos mentis., imprifoned, or beyond feas, 
that then fuch perfon or perfons fhall be at liberty to bring the fame actions, fo as they 
take the fame within fuch times as before is limited, after their coming to or being of 
full age, difcovert of fane memory, at large, or returned from beyond the feas, as 
by other perfons having no fuch impediment, fhould be done. 

X. And be it further enabled, That in all and every cafe where any penalty, fine, Time limited to 
or forfeiture whatfoever, hath been, or fhall hereafter be inflicted or impofed bv any fixmo " thsafter 
act or acts of the general affembly of this province already paffed, or hereafter to be covery of fines 
pafTed, and the time of fuing or profecuting the offender or offenders againfl fuch acts and /° r ^ um 
not thereby provided, no information, action, fuit, or profecution, fhall be had, provided for. 
brought, iffued, or commenced againfl the offender or offenders againfl any fuch act 

or acts, for, or in refpect of any fuch penalty, fine, or forfeiture, unlefs the fame be 
done within fix months after the paffing of this act, if the offence hath been already 
committed, and within the like fpace of* time after the offence committed, for the 
future 4 and all and every offender and offenders againfl any fuch act or acts fhall 
not from thenceforth be fubject or liable to any penalty, fine, or forfeiture, which 
may thereby be inflicted or impofed, any law, ufage, or cuflom, to the contrary 
thereof in any wife notwithftanding. 

XI. Provided alfo, and be it further enabled. That nothing in this act contained This aft not to 
fball extend, or be conflrued to extend, to take away ©r prejudice the claim of Sir ^/^"f th si r 
William Baker, of the city of London, knight, or his heirs or affigns, in and to a Wm. Baker. 
certain barony or tract of land within the parifh of Chrijl Church, in the province 
aforefaid. 

ALEXANDER WYLLY, Speaker. 
JAMES HABERSHAM, Pre/idem. 
James Wright. 
March 16, 136]. 

An 



i4 ? DIGEST OF THE 

A. D. 1767. An Aft to prevent the bringing into and fpreading of malignant and contagious diflempers 

No. 164. in this province ; to oblige majlers or commanders of vejfels going out of any port within 

the fame frjl to produce a pajfport from the governor or cmnmander in chief; to prevent 

the harboring of fck failors and others ; and for the regulating and well ordering of the 

lazaretto upon the if and of Tybee. 

March 26. 
Part obfolete; and the ref repealed by ad of 1 795, No. 485. 



No. 165. An Aft for granting to his majefy the fum of £1843 X1 A\ f or ^ e u f e and fupport of 
the government of Georgia for the year 1767, to be raifed at certain rates and after the 
method therein mentioned; and for the more effectual collefting of arrears. 

March 26, 1767. 

Gbfokte. * 

No. 166. An Acl to empower the general court of pleas to grant ivrits of par- 
tition of lands and tenements held in coparcenary, joint tenancy, and 
tenancy in common, in this province, and appointing the method of 
proceeding therein. 

i-rcambk. "I^IC 7" HERE AS it would be inconvenient in this province to purine the method of* 

yj « dividing lands and tenements by writ of partition as practifed in Great Bri- 
tain, and it appears necefTary to provide a more eafy and lefs expenfive manner of 
Ena&ed. obtaining partitions, Be it enafted, That, in all cafes where any perfons being of full 
Partition of age are feized of lands in coparcenary, joint tenancy, or tenancy in common, or 
1 jnds he:d in w k ere anv i an ds or tenements mail defcend or be given to any perfon or perfons wfeat- 

coparcenary, J ° » r r 

&c. how to be ever in coparcenary, joint tenancy, or tenancy in common, and no provifion fhall be 
obtained. ma de, by, will or otherwife, how fuch lands or tenements fhall be divided, it fhall 

and may be lawful for fuch perfons being of full age, or either of them, immediate- 
ly, and alfo for any one of fuch coparceners, joint tenants, or tenants in common, 
who may be under age, when and fo foon as he or (he fhall attain to the age of twen- 
ty one years, to apply to the general court of pleas for a writ of partition, (to be di- 
vided and framed in the faid court according to the nature of the cafe;) and in cafe 
he or (he fo coming of age fhall neglect fo to do, within the fpace of twelve mouths, 
that then the guardian or guardians of htm, her, or them, remaining under age, 
fhall be, and he, (lie, or they, is and are hereby empowered, if he, fhe, or they, 
(hall think fit, to apply to the faid court for a writ of partition, of which application 
twenty days notice fhall be given to the other parties concerned, their agents or at™. 
tornies, and upon any fuch application, and affidavit made, of due notice having 
been given as aforefaid, it fhall and may be lawful for the faid court to examine the 
partitioner's title and part or fhare of . the premifes to be divided, and thereupon to 
lffue a writ of partition, directed to any eleven perfons whom the court fhall think 



LAWS OF GEORGIA. i# 3 

fit, requiring and commanding them, or a majority of them, to make partition ac- A-..D. 1767. 
cordingly, they being firft fworn in court, or before one of the judges, or any ma- No. 166. 
giftrate or other perfon or perfons for this purpofe nominated and appointed by or- 
der of court, duly and impartially to execute fuch writ; and fuch partitioned, or 
perfons named in fuch writ, fhall give eight days notice of the time of executing 
thereof to all the parties concerned, their attornies or agents, and thereupon fliall 
proceed to make a juft and equal partition and divifion of all fuch lands and tene- 
ments, either in entire tracts or parcels, as they fhall judge to be in proportion to 
the (hares claimed, and moft beneficial to the feveral coparceners, joint tenants, or 
tenants in common, according to the bed of their knowledge, and fhail make return 
thereof, under their hands and feals, to the faid court, within three months after 
the ifluing of fuch writ, there to remain of record, which partition or divifion fo to 
be made mall, by the judgment of the faid court, be final and conclufive to all parties 
concerned, any law, ftatute, ufage, or cuftom to the contrary notwithstanding. Provided 
always t That if the defendant or defendants, or perfon concerned, or either of them, 
againft whom, or their right or title, any judgment is given, •fhall within the fpace 
of twelve months after fuch judgment is entered, or in cafe of infancy coverture, 
infanity of mind, or abfence out of the province, within one. year after his, her, or 
their return, or the determination of fuch inability, apply themfelves to the court 
where fuch judgment is entered, by motion, and fhew a good and probable matter 
in bar of fuch partition, or that the demandant hath not title to fo much as he hath 
recovered, then, and in fuch cafe, the court may fufpend or fet afide fuch judgment, 
and admit the tenant and tenants to appear and plead, and the caufe fhall proceed ac- 
cording to the due courfe of law, as if no fuch judgment had been given ; and if the 
court, upon hearing thereof, fhall adjudge for the firft demandant, then the faid firft 
judgment fhall ftand confirmed, and be good againft all perfons whatfoever, except 
fuch other perfons as fliall be abfent or difabled as aforefaid, and the perfon or perfons 
fo appealing fhall be awarded thereupon to pay colls, or if, within fuch time 01 times 
as aforefaid, the tenants or perfons concerned, admitting the demandant's title, parts 
and purparts, fhall fhew to the court an equality in the partition, the court may 
award a new partition to be made in the prefence of all parties concerned, (if they 
will appear) notwithftanding "the return and filing upon record the former, which 
faid fecond partition returned and filed, fhall be good and firm for ever againft all 
perfons whatfoever, except as before excepted. 

II. And be it enabled by the authority aforefaid, That the perfons making fuch par- Parti doners to 
titions fhall be allowed and paid a reafonable charge for the fame; and, in cafe the *? eal [° wedai 
party or parties applying for fuch writ of partition fhall neglect or refufe to allow and pcnfation. 
pay fuch charge, the fame fhall upon application be fettled and warded by the court. 

ALEXANDER WYLLY, Speaker. 

JAMES HABERSHAM, Prefident. 
James Wright. 
March 26, 1767. 

* An 



com- 



144 DIGEST OF THE 

A. D. 1767. An AB to regulate the making of cyprefs, oak and pine lumber, fla-ves, andjhingles, and to 
N°- 167. ascertain the quality thereof. 

March 26, 

Repealed by aft of 1790, No. 445. 



No. 168. An Ordinance for appointing packers and infpeBors for the ports of Savannah and l Sunbury 1 

and afo cullers and infpeBors of lumber for the f aid. ports. 
March 26. 
Repealed by a8 ofl'jgo, No. 445. 



No. 169. An AB to oblige the inhabitants of the town of Sunbury to clear and keep clear the feveral 
fquares, flreets, lanes and common within the fame ; and to exempt the faid inhabitatits 
from working upon the roads within the parifh of St. John. 

March 26. 
See a3 of 1791, No. 450- 



No. 170. * An Aft for continuing federal laws of this province which are 

near expiring. 

The a& con- "^"IT T"HEREAS feveral wholeforae laws of this province herein- after mentioned 

w"°xtfaonHna- ▼ V are near expiring, Be it enaBed, That an act paffed the feventh day of 

ry courts of <.om- April, one thoufand feven hundred and fixty-three, entitled, an aB for holding fpe- 

in 1763. cial or extraordinary courts of common pleas for the. trials of caufes arifing between 

merchants, dealers, and others, and fhip-mafters, fupercargoes, and other tranfienfc 

perfbiis, which was to continue and be in force for three years, and from thence to the 

The act amend- end of the next feflion of the general affembly ; and alfo an act to amend the faid act, 

"If th£ jr a i b °^ e paffed the fixth day of March, one thoufand feven hundred and fixty-fix ; and alfo 

1766. an aB paffed the feventh day of April in the year of our Lord one thoufand fe\en 

Afi aft to pre- hundred and fixty-three* entitled, an act to prevent damages which may arife from. 

from dzra& S & ^ arns or hanks for referving or flopping of water, which was to continue and be -ia 

paffed in 1763. force for three years, and from thence to the end of the next feflion of the genera} 

An act for the affembly ; and alfo an aB, paffed the twenty-ninth day of February, m the year o£ 

punifhment of our Lord one thoufand feven hundred and fixty-four, entitled, an act for the p-unifti- 

td "in j 764'. ment of vagabonds, and other idle and diforderly perfons, and for erecting prifons or 

places of fecurity in the feveral parifhes of this province, and for preventing trefpaffes 

on lands of the crown, or lands referved for the Indians, and the more effectual 

fupprefling and punifhing perfons bartering with the Indians in the woods, whieh was 

to continue and be in force for the term of two years from the time of the pafling 

thereof, and from thence to the end of the next feflion of the general affembly j alfo 

An a& for the an aB, paffed the fixth day of March, one thoufand feven hundred and fixty-fix, en- 

rehefofdehtorsj t ^ e( j an ac t for the relief of debtors who may be confined in gaol, and are unable to 

raffed in 1766. ' * ° * 

iupport 

* See a<ft of 1770, No. 203, further continuing certain laws. 



LAWS OF GEORGIA. 



*45 



fupport themfelves during fuch their confinement, which was to continue and be in A. D. 1767.- 

force for one year, and from thence to the end of the next feffiora of the general af~ No - J 7°' 

femblv ; and alfo an acJ, pafTed the fourth day of March, one thoufand feven hun- An a& to oblige 

• o 1 • n r rr r i mailers of vei- 

dred and fix^y-two, entitled, an act to oblige mailers of vends, fupercargoes,.and other feis, &c. to pay 

tranfient perfons, importing goods and merchandife into this province, to pay tax for * ax , g 00 ^* 

the fame> wich was to continue and be in force for and during the term of five years ed in 1762. 

from the paffing thereof, and from thence to the end of the next feflion of the ge- Continued for 

neral afTembly, fhall feverally and refpee~lively continue and be further in force for the . u . me jj erem 
and during the term of three years from the paffing of this act, and from thence to 
the end of the next feflion of the general affembly, and no longer. 

ALEXANDER WYLLY, Speaker.. 
JAMES HABERSHAM, PrefdenU 
James Wright* 
March 26 y 1767. 



An Act to further amend an Aft for the better regulating taverns, punch hotifes, and : No. 00. 

retailers of fpiritous liquors*. 
March 26. 

Repealed by a3 of 1 79 1 , No. 449,. 



An Ail for eflablijhing a jurifdiclion for the trial of negroes and other fiaves, and other No. i\ti 
perfons therein mentioned, direcling the mode of evidence and trial, and for the punijh- 
ment of crimes and offences committed by them; and alfo for making other necejfary- re- 
gulations relating to fuch Jlaves and' other perfons. 
April 11, 1768. 

See aS ef 1 770, No. 204. 



An At! to empower the commiffioners therein named to put up to f ale,, for the benefit of the No. 17 m 
public, the ferry over Great Ogechee river, at a place called the Pine Bluff, for a term 
of five years, and to authorize the faid commiffioners to infpeEl and regulate the faid ferry. 
April 11. 

See a3 ^"1773, No. 22.1. 



A, D. 1768. 
An AH for eflablijhing fcueral ferries in this province, and for vefing *jo, , 73 . 

the fame in the perfons therein mentioned. 

WHEREAS the eftablifhing of the feveral ferries herein after mentioned will Preamble, 
be greatly to the advantage' and conveniency of perfons travelling through 
this province, Be it therefore enabled, That immediately from and after the paffing of Enacted. 
this aft, a public ferry fhall be, and the fame is hereby eftablifhed, from the town of 

T Ebenezer^ 



!4'5 



DIGEST OF THE 



A. D. j 768. 

No 173. 

Ferry eftablifh- 
ed on Savannah 
river at Ebene- 
rer.and two fer- 
ries on J5riar 
creelc, one at 
Milltown and 
1 lie other at the 
upper public 
road, one atAu- 
gufta, & at Fort 
JBanington. 



Ebenezer, upon Savannah river, to the bluff on the oppofite fhore ; as alfo two fer- 
ries over Briar creek, one at a place called Milltown, and the other at the upper pub- 
lic ro?.ds ; alfo a ferry from the center of the town of Auguila, upon Savannah river, 
to the bluff on the oppofite fhore, in the province of South Carolina ; and alfo a fer- 
ry over the river Alatamaha at Fort Harrington* 
The remainder of this ail is obfolete or expired. 

ALEXANDER WYLLY, Speaker. 
N. JONES. 
James Wright. 
April 1 1, 1768. 



No. 174, 
Preamble. 



Enacted. 



An AH for regulating the qffize of bread.* 

WHEREAS the regulating the price and affize of bread is abfolutely necelTary, 
to prevent evil difpofed perfons from taking advantage, for their own gain 
and lucre, to deceive and opprefs his majefty's fubje£ls, and more efpecially the 
poorer fort of people are thereby greatly diftreffed, for remedy whereof, Be it enabled, 
That, from and after the palling of this aft, no perfon or perfons whatfoever fhall 
make for fale, or fell or expofe to fale, within this province, any fort or forts of foft 
bread made of wheat, other than the feveral forts herein after mentioned, viz. white, 
Bread for fale wheaten, and houfehold bread, all which feveral forts of foft bread fhall be made in 
seroace. t ^gjj. f evera i an d refpetlive degrees, according to the goodnefs and finenefs of the 
feveral forts of flour of which the fame ought to be made 5 and when fine wheat 
flour is fold in Savannah at any of the rates herein after mentioned, the aflize and 
weight of the faid white, wheaten, and houfehold bread, refpetlively, are, and fhall 
be fet and afcertained according to the following table in avoirdupois weight, and fo 
proportionably when fine flour fhall be fold in Savannah for more or lefs money than 
is fpecified in the faid table^ wherein the white loaves fhall always be one half, and the 
wheaten three quarters of the weight of the houfehold loaves. 

A Table of the ajjize of BREAD, in pounds, ounces, and drams, avoirdupois weight. 

FOUR PENNY LOAF. 



rice 


of flour per 100 lb. 


White 


• 


Wheaten. 


Houfehold. 




Shillings. 


lb. oz. 


dr. 


III. oz, dr. 


lb. oz. dr. 




IO 


2 II 


4 


4 12 


568 




I I 


2 7 


4 


3 11 2 


4 14 8 




12 


2 4 





360 


480 




*3 


2 I 


3 


3 > »» 


4 2,6 




14 


1 14 


*3 


2 14 3 


3 *3 IO 




*5 


I 12 


12 


211 2 


3 9 8 




16 


I 11 





3 8 8 


3 6 ° 




17 


1 9 


6 


261 


3 2 12 




18 


1 8 





24 


300 




*9 


1 6 


11 


220 


2 13 6 




20 


1 5 


9 


205 


2 11 12 



* This act appears to have been made principally for Savannah, 
Sec acT. 0/1789, No. 430. 



TWO 

The town has fince been incorporated. 



LAWS OF GEORGIA. 



147 



TWO PENNY 


LOAF. 


? 


A. D. 1768, 


Price of flour per 1 00 lb . 


White. 


Wheaten. 


HoufeholcL 


No. 174. 


Shillings. 


lb. oz. flV. 


lb. oz. dr. 


16. oz. dr. 




IO 


1 15 IO 


2 9 


211 4 




11 


1 3 IO 


1 13 9 


2 7 4 




12 


1 2 


in 


24O 




13 


1 10 


1 8 14 


2 I 3 




H 


ij 7 


1 7 2 


1 H 3 




'5 


14 6 


1 5 9 


I 12 12 




16 


13 8 


1 4 4 


III O 




m 


12 n 


1 3 1 


I96 




18 


0120 


120 


i 8 




l 9 


11 6 


1 1 


1 611 




20 


10 13 


1 3 


1 5 *4 




PENNY LOAF. 






10 


10 13 


104 


1 5 10 




11 


9 13 


14 12 


1 3 10 




12 


090 


13 8 


I 2 Q 




13 


085 


012 7 


IO9 




*4 


7 11 


11 9 


15 6 




*5 


°73 


10 12 


14 6 




16 


6 12 


010 2 


13 8 




17 


065 


098 


12 11 




18 


060 


090 


012 




19 


5 11 


088 


11 5 




20 


5 6 


8 1 


ic 15 





And fo in proportion to the above table when the price of flour fhall be more or lefs 
than is therein mentioned, or for loaves of other denominations. 

II. Requiring prices- of flour to be publifhed. — Obfolete. 

III. And, to the intent the good defign of this act may be effectually complied Bakers to mark 
with, Be it further enaEled, That every baker, or other perfon making bread for fale, tnhill letters 1 of 
or expofing the fame to fale, fhall mark or imprint, or caufe to be fairly marked and theimamcs.and 

tn^ Dricc or ror- 

imprinted, on every loaf fo by him or her made, the price of fuch loaf, together fat the value 

with the initial letters of his 6r her name, that the baker and price thereof may be the therect and l0 J- 

more diftinctly known;, and if any baker or bakers, or any other perfon making 

bread for fale, or expofing the fame to fale, fliall not obferve the aflize afcertained 

by this act, or fhall bake or make for fale, or fell or expofe to fale, any of the forts 

cf bread before mentioned, wanting the due weight, or not marked as aforefaid,, 

he, fhe, or they being thereof convicted, on the oath of one or more credible wit- 

nefles, before one or more juftices of the peace of the diftrict where fuch baker, or 

other perfon expofing the fame to fale, fhall refide, fhall, for every fuch offence s 

forfeit the value of fuch bread for the ufe of the poor of the parifh where fuch 

offence fhall be committed, and alfo pay a farther fum, not exceeding ten millings, 

to be levied by diftrefs and fale of the offender's goods and chattels, by warrant' 

from the faid juftice or juftices before whom fuch conviction fhall be made, to be 

given for the ufe of the informer or informers. 

E8E. 



# 

M 8 DIGEST OF THE 

A. D. 1768. IV. And be it further enabled, That if any baker or feller of foft bread, as herein 
No. 174. before mentioned, fhall put, into any fuch bread by him or her fold, or expofed to 
Bread made of ^ a ' e > an Y m » xiur e other than what fhall be necefTary for the well making or baking 
fraudulent mi>- thereof, to be judged of by the juftice or juftices trying and examining the fame, 
feited, and the every fuch perfon fo offending fhall, for every fuch offence, forfeit all fuch bread fo 
maker to for- fraudulently mixed for the ufe of the poor of the parifh where the offence fhall be 
committed, and alfo a fum not exceeding twenty (hillings, for the ufe of the in- 
former or informers, to be recovered in manner before directed; Provided always y 
That no perfon fhall be convicted, in manner aforefaid, for any of the offences be- 
forefaid, uniefs the fame fhall be profecuted within three days next after fuch of- 
fence fhall be committed, 
fufticesmay en- V. And be it further enabled, That it mall and may be lawful for any juftice or 
ter bake houfes i u fti ces f the peace, at all times hereafter, in the day time, to enter into any houfe, 

and feize all J r . ' 

bread not made fliop, flail, bakehoufe, or warehoufe, of or belonging to any baker or feller of bread, 
a * dir ^ defl b X a nd there fearch for, view, or try and weigh all and any of the bread mentioned in 
this act, of fuch perfon or perfons, or which fhall be there found, and if any fuch 
bread fo found fhall be wanting either in goodnefs of its materials, or not be duly 
baked, or wanting in its due weight, or not marked as aforefaid, or fhall be compofed 
of or made up with any other materials than what is allowed by this act, then, and 
in every fuch cafe, it fhall be lawful for the faid juftice or juftices to feize and take 
the faid bread fo found, and caufe the fame to be given and distributed to the poor 
of the parifh where fuch feizure fhall be made ; and if any baker or feller of bread, 
or other perfon, fhall not permit and fuffer fuch fearch and feizure to be made, or 
mall oppofe, hinder, or refift the fame, he, (he, or they, fo doing, fhall, for every 
fuch offence, forfeit the fum of five pounds fterling to the ufe of the poor of the 
faid parifh, to be recovered in the fame manner and form as before directed. 
Perfons con- ^' Pwv'ded always, and be it further enabled, That if any perfon or perfons, con- 

vicled of offen- victed of any offence againft this act, fhall think him, her, or themfelves aggrieved, 
cesmayappsa, ^ Q^, or they, fhall or may immediately, or within three days after fuch conviction, 
make his or her appeal in writing, to any two juftices of the peace, of the diftrict 
where fuch conviction fhall be made, by whom the fame {hall be heard and finally 
determined, within ten days after fuch appeal made ; and if the faid perfon or perfons 
fo appealing fhall not make good his, her, or their appeal, or profecute it with effect, 
the faid juftices fhall award fuch cofts as they fhall think reafonable to the profecutor 
or informer, and in cafe fuch perfon or perfons refufe to pay the faid cofts, to com- 
mit the offender or offenders to the common gaol, uniefs they give fufficient fecurity, 
until he, (he, or they fhall make payment of the faid cofts, and alfo the penalty ad- 
judged on the conviction, to the informer ; but in cafe the faid appellant or appel- 
lants (hall make good his, her or their appeal, and be difcharged of his, her or their 
conviction, the alike reafonable cofts fhall be awarded to the appellant or appellants 
againft fuch informer, to be recovered as aforefaid. 

VII. And be it further enacled, That if any action or fuit fhall be commenced or 
brought againft any perfon or perfons whatever, for doing or caufing to be done, any 

thing 



LAWS OF GEORGIA. 149 

thing in purfuance or execution of this a£t, or relating thereto, the defendant in every A. D. 1768. 
fuch action or fuit may plead the general iffue, and give the fpecial matter and this No - *74« 
a& in evidence, and if the plaintiff be nonfuited, or difcontinue his aaion, or a ver- f/ ^^ 6 £ 
di£t be given againft, or judgment be otherwife given for the defendant, every fuch fuits forexecut- 
defendant (hall have and be allowed his double cofts. ing 

VIII. And be It further enabled by the authority aforefaid, That this act (hall be and 
continue in force for three years, and from thence to the end of the next feflion of 
the general aflembly, and no longer.* 

ALEXANDER WYLLY, Speaker. 
N. JONES. 
James Wright. 
April 11, 1768. 
* Made perpetual by act of 1783, No. 270. 



An AEl to prevent as much as may be, the fpreading of the fmall pox in this province. No. i>jj 

April II. 
Obfolete. 

in AEl for granting to his majefly a duty upon raw meat hides, exported from this province, No. 176. 
and for preventing the exportation of unmerchantable tanned leather* 

April 11. 
Obfolete. 



An Aft to explain an acl, entitled " An atl for afcertaining the qualification of jurors, No. 177. 
and for eflablifhing the method of ballotting and fummoning jurors in the province of 
Georgia." 
April 1 1. 
Obfolete. 



An Acl: to empower the church-wardens and vejlry of the parljh of No. 178. 
Chrifl church to enlarge the cemetery or public burial ground at 
Savannah^ and to enclofe the fame, 

WHEREAS the cemetery or public burial ground for the parifh of Chrifl Preamble. 
church, notwithftanding the addition made thereunto by an act of the gene- 
ral aflembly pafled on the feventh day of April in the year of our Lord one thoufand 
feven hundred and fixty-three, is apparently too fmall to anfwer the purpofes thereby 
intended, and it appearing neceflary to make a further addition thereto, Be it there- Enafted. 
fore £iiacled, That immediately after the pafling of this acl, it (hall and may be lawful 

to 



i S o DIGEST OF THE 

A. D. 1768. to and for tlie church-wardens and veftry of the parifh of Chrift church aforefaid for 
No. 178. the time being, and they are hereby authorized and empowered to lay out an addition 
Church-ward- f one hundred and feventy feet in length of and from the common of the town of Sa- 
to enlarge the vannah, and adjoining to the eaftward the prefent cemetery or public burial ground, 
cemetery. an( j t kat the addition fo laid out, raade ? and extended, fhall from thenceforth for ever 

be and remain as part and parcel of the faid cemetery or public burial ground, and 
that the church-wardens and veftry of the faid parifli for the time being fhall be, and 
they are hereby empowered to enclofe the fame accordingly at their difcretion, any 
thing in any law heretofore enacted to the contrary notwithstanding. 

ALEXANDER WYLLY,, Speaker.. 
N. JONES. 
James Wright-. 

April 1 1, 1768. 




No. 179. -A n Alclfor amending an acl, entitled, " An Aft to prevent frauds and 
deceits in felling beef pork, pitch, tar, turpentine, and fire wood" 

HERE AS the act of the general aflembly, paffed the fixth day of March in 

the ye.vr of our Lord one thoufand feven hundred and fixty-fix entitled, " an 

act to prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine, and 

fire wood," is found to be deficient in refpect of the regulations therein directed, as 

to the packing and infpecling beef and pork, for remedy whereof, Be it enaEled, 

Barrels of beef That from and after the firft day of May next enfuing, every barrel, in which beef 

and pork how or p 0r ]- {hall be packed, and expofed for fale in this province, (hall contain and eauee 

muth to 6on- r - '' rr ., r • n" '\ o & 

tain. thirty two gallons, and be made of feafoned timber, as directed by the. faid recited 

act, and (hall have on each barrel not lefs than twelve found and fufficient hoops. 
Towei<rh22oib. ^' -^ /7 ^ be it further enaEltd y That from and after the faid firft day of May, every 
and of what barrel of beef or pork, packed and fold in the province, fhall contain two hundred 
and twenty pounds weight of wholefome well, cured meat in the fame, after being 
falted at leaft ten days, and carefully packed with a fufficient quantity of dry fait,, 
and well pickled, and not more than one (hank, half the neck, and no head, in each 
barrel of beef, and not more than two heads in each barrel of pork. 
The infpeclors HI. And be it further enaEled,- That the brands to he ufed by the feveral packers 
to brand all an( i infpectors, according to the directions of the faid a£fc, {hall have the name of 

barrels with the r ' b . . ' 

name of the pa- the parith where the beef or pork, is mfpected under that of the province,, and, alfo 

run, and their t h e names f t b e infpectors at full length, and fuch infpectors and packers are. hereby 

length. directed to furnifh themfelves with fuch brands, and to brand the feveral barrels of 

beef and pork by them infpected on the head, according to the directions of,, and 

under the penalty in the faid act mentioned and inflicted*. 

IV. And be it further enaSled by the authority afore/aid. That the before recited a£t >( 
and this a<fr, fhall continue and be in force for and during the term of three years and 

from 



LAWS OF GEORGIA. 



151 



from thence to the end of the then next feffion of the general aiTembly, and no longer, A. D. 1768, 
any thing contained in the faid recited act to the contrary notwithltanding.* No. 179. 

N. W. JONES, Speaker. 
JAMES HABERSHAM, Prefident. 
James Wright. 
December 24, 1768. 

•Perpetuated by act of 1783, No. £79. 



f An Aft for continuing the fever al laivs therein mentioned. Obfolete. Noi Igo . 

April 11, 1768. 



WHEREAS feveral wholefome laws of this province are near expiring, and it 
is expedient that they fhould be further continued, Be it enabled, That an atl 
paiTed the fixth day of March, one thoufand feven hundred and fixty-iix, entitled, 
an act, for amending an act for regulating the pilotage of veiTels into the feveral ports 
of this province, which was to continue and be in force for two years, and from 
thence to the end of the next feffion of the general aiTembly : And alfo an aB for 
railing a fund by an import on {hipping to defray the expenfes of keeping in repair or 
rebuilding the light houfe and pilot houfe on Tybee illand, paiTed the twenty-fifth 
day of March, one thoufand feven hundred and fixty-five, which was to continue and 
be in force for three years, and from thence to the end of the next feffion of the general 
afTembly: And alfo an aB, palled the twenty-fifth of March one thoufand feven hun- 
dred and fixty-five, entitled, an act to amend an act to px-event private perfons from 
purchafing lands from the Indians, and for preventing perfons from trading with them 
without licenfe, to continue and be in force for three years, and from thence to the 
end of the next feffion of the general aiTembly : And alfo an atl pafled the twenty-fifth 
of March one thoufand feven hundred and fixty-five, entitled, an act to prevent 
frauds and abufes in admeafuring and laying out of his majefty's lands within this pro- 
vince, which was to continue and be in force for three years, and from thence to 
the end of the next feffion of the general aiTembly •, fhall feverally and refpectively 
continue and be further in force for and during the term of one year from the paffinp- 
of this act, and from thence to the end of the next feffion of the general aiTembly, and 
no longer. 

ALEXANDER WYLLY, Speaker. 

N. JONES. 
James Wright, 

April 11, 1768. 

1 
f See act of 1770, No. 203, continuing certain laws. 



The act for a- 
mending the pi- 
lotage a 61 paffed 
6th March, 
1766. 

Act for raifing 
a fund by an 
import on (hip- 
ping, &c. pafled 
2.5th March, 
1765- 

Act to amend 
the act to pre- 
vent private 
perfons purcha- 
sing lands from 
the Indians, 
paffed 25th 
March, 1765. 

Act to prevent 
frauds, &c. in 
admeafuring 
lands, paffed 
25th March, 
I765- 

Continued to 
the time herein 
fpecrfied. 



An Ordinace appointing Benjamin Franklin, Efquire, agent to folicit the affairs of 

this province in Great Britain. 
April 11. 

Obfolete. An 



No. 1S1. 



15 2 DIGEST OF THE 

A. D. 1768. An additional Acl to the acl of the general affembly, entitled, " An acl to- empower the" 
No. 182. fever al commijjioners or purveyors hereafter named to lay out and make fuch public roads; 

in the province of Georgia as are herein after mentioned and direcled, and to continue 
H work upon-, clear, repair and improve the fever al roads already laid out, and alfo the- 
rivers and creeks within their feveral and refpetUve divifions '," for dividing the fecond 
, north-wef div'fion of the roads in this province into two parts ; for eflablijhing a divifton 
upon the north fide of Great Ogechee river, in the parifh of St. Matthew ; and for 
empowering the commiffioners or furveyars of roads in the third fouth-wef divifton to lay- 
out a public road within the fame, and for appointing additional commijjioners or furveyori 
for the faid divifion. 

April 1 1 . 

Obfolete. 

No. 18.3. An AS for granting to his majefiy the fum 'of £ 337 5 4 1 for the ufe and fupport of~ 
the government of Georgia for the year i*]6iS, to be raifed at certain rates and after the' 
method therein mentioned; and for the more effectual collecling of arrears., 

April 11. 

Obfolete. 

Ne. 184. An Ordinance for appointing Robert Nicholas, Efq. comptroller and colleclor of the country 

duties of the port of Sunbury, in the room of Francis Lee, Efq. deceafed.. 

April 11. 

Obfolete. 

No. j 83; J_ n Ordinance for appointing infpeclors of tanned leather at the ports of Savannah and 

Sunbury in this province^ 
April 11. 
Obfolete*. 

No. 186. An Acl to empower the commiffioners appointed in and by an acl of the general affemhly Xl 
entitled " An acl to lay a duty upon, negroes and other flaves that have been above fix 
months in any of the ifands or colonics in America and imported for fale in this province^ 
and for appropriating the fame towards the repairing or rebuilding the light, haufe om 
Tybee if and ;, and to prevent negroe convicls being imported into and fold in this pro- 
vince" to build a new lighuhoufe on any part of the land refervedfor the ufe thereof upon 
the j aid if and ; and alfo for procuring an accurate furvey and. chart of the fea coafls and, 
inlets of this province,, and publifhing the fame \ and for granting to his majefy the fum' 
of '£1,100 for the faid purpofes, and for appointing and empowering commiffioners to 
iffue certificates for that fum^ and for finking the fame ; * and for further continuing the 
ails herein after mentioned* 
December 24. 

Obfolete* A& 

* The acts couthmed by this acl: are : An act for laying a duty upon negroes, &c. and an act for railing a 
fund by an impoft on fhipping.— -Both obfolctt. 



LAWS OF GEORGIA. 153 

An Atl to amend and continue " An Atl for the efiablifhing and regu- A - D - !7 68 - 
lating patrols, and for preventing any perfon from .pur chafing pro- No ' * 7 ' 
njifions or any other commodities from, or felling fuch to any flave, 
unlefs fuch flave fhall produce a ticket from his or her owner, ma- 
nager or employer" 

WHEREAS the feventh and ninth claufes of the act for the efiablifhing and Preamble. 
regulating patrols, and for preventing any perfon from purchafing provi- 
fions or any other commodities from, or felling fuch to any flave, unlefs fuch flave 
fhall produce a ticket from his or her owner, manager, or employer, do refer to the 
act of the general affembly of this province, entitled " An act for the better govern- 
ing negroes and other flaves in this province," and to prevent the inveigling or car- 
rying away flaves from their mafters or employers, of which act his majefty hath 
declared his royal dilallowance, and the feveral directions therein contained, and to 
which the faid firft recited act doth refer, are thereby annulled and of none effect', 
by which means many inconveniencies have arifen; to remedy which, Be it enaB-ed t Enacted. 
That immediately from and after palling of this act, it fhall not be lawful for any No flaves (ball 
flave, unlefs in the prefence of fome white perfon, to carry or make ufe of fire arms, " rry ^jf™'^ 
or any offenfive weapon whatfoever, unlefs fuch flave fhall have a ticket or licenfe in rhe prefence of 
writing from his mafter, miftrefs, or overfeer, to hunt and kill game, cattle, or f°jf ei ^L^]j^I 
mifchievous birds or beafts of prey, and that fuch licenfe be renewed every week, or tain times. 
unlefs there be fome white perfon of the age of fixteen years or upwards in the com- 
pany of fuch flave when he is hunting or mooting, or that fuch flave be actually car- 
rying his mafter's arms to or from his mafter's plantation by a fpecial ticket for that 
purpofe, or unlefs fuch flave be found in the day-time, actually keeping off birds 
within the plantation to which fuch flave belongs, loading the fame gun at night, 
within the dwelling houfe of his mafter, miftrefs or white overfeer : Provided al- Provi'fo. 
ways, That no flave fhall have liberty to carry any gun, cutlafs, piltol, or Other offenfive 
weapon, abroad at any time between Saturday evening after fun fet, and Monday 
morning before fun rife, notwithftanding a licenfe or ticket for fo doing. 

II. And be it further enabled, That in cafe any or either of the patrols, efiablifhed Patrol mayfuze 
or to be eftablifhed within this province, by virtue of the faid act, on fearching and °^ ^ourKTTii 
examining any negroe houfe for offenfive weapons, fire arms and ammunition, . fhall negroe hou&&, 
find any fuch, or in cafe any perfon fhall find any flave ufing or carrying fire arms or 
other offenfive weapons, contrary to the intent and meaning of this act, fuch patrol, 
or perfon or perfons, may lawfully feize and take away fuch offenfive weapons, fire 
arms, and ammunition, but before the property thereof fhall be veiled in the perfon 
or perfons who fha-ii feize the fame, fuch perfon or perfons fhall, within three days 
next after fuch feizure, go before a juftice of the peace, and fhall make oath of the 
manner of taking thereof, and if fuch juftice of the peace, after fuch oath made, or 
upon due examination, fhall be fatisfied that the faid fire arms, offenfive weapon, or 
ammunition, fhall have been feized according to the directions, and agreeable to the 

II true 



&c 



154 DIGEST OF THE 

A. D. 1768. true intent and meaning of this act, the faid juftice fhall, by certificate under his hand 
No. 187. and feal, declare them forfeited, and that the property is lawfully vefted in the perfon 

Provifo. or perfons who feized the fame j Provided ahuays s That no fuch certificate fhall be 

granted by any juftice of the peace until the owner or owners of fuch fire arms, or 
other ofFenfive weapon, fo feized as aforefaid, or the overfeer or overfeers who fhall 
or may have the charge of fuch flave or flaves from whom fuch fire arms or other 
offenfive weapon fo taken of feized, fhall be duly fummoned to fhew caufe why the 
fame fhould not be condemned as forfeited, or in cafe of non-appearance until three 
days after the fervice of fuch fummons, and oath made of the fervice thereof, before 
the faid juftice. 

III. IV. V. Prohibiting perfons trading with negroes without the licenfe or con- 
fent of owners. — Re-enacted with alterations by act of 1770, No. 204, Sect. 31, 

3 2 > 33- 
The fourth VI. And whereas it has been found, that the number of perfons exempted in and 

claufe of the pa- jjy ^ f ourt h claufe in the faid act from the patrol duty, renders the faid duty very 
exempt the per- burthenfome upon the inhabitants in the town of Savannah, who are by law obliged 
fons mentioned t0 per f orm t h e fame, Be it therefore enaBed, That the faid fourth claufe fhall not ex- 

therein trom pa- x , • , • • 

tror duty in Sa- tend, or be conftrued to extend, to exempt the feveral perfons therein mentioned, 

eov^rn'r 'd De * n g above the age of fixteen and under the age of fixty, and refiduig in the town 

the minifters of of Savannah, or hamlets of Yamacraw, Ewenfburg, and the Truftees Gardens, (the 

c.epttd° P£ CX " governor or commander in chief for the time being, and minifters of the gofpel, only 

excepted) from being fubject to fuch patrol duty in the faid town of Savannah, and 

hamlets aforefaid, in the fame manner, and liable to the fame penalties and forfeitures, 

as in and by the faid recited act is particularly mentioned and declared. 

Nightly difor- VII. And in order to prevent nightly diforders and riots in the town of Savannah, 

dcrs and riots Be it further enaEledy That every patrol, appointed and to be appointed to do duty in 

vented: ' tne ^d" town by virtue of the faid acl:, fhall be, and they are hereby empowered, in 

cafe of any riot or difturbance being made by any diforderly white perfon or perfons, 

either in the ftreets, fquares, or lanes of the faid town, or in any tippling houfe, tavern, 

or punch houfe, within the fame, or within the diftrict of the faid patrol, calling 

neverthelcfs a lawful conftable to their affiftance, before they fhall enter fuch tippling 

houfe, tavern, or punch houfe, to apprehend and take into cultody fuch white perfon 

or perfons, and him or them fafely to keep until the next morning, except fuch perfon 

or perfons fhall be apprehended and taken in any fuch tippling houfe, tavern, or 

punch houfe, in which cafe the conftable fo called to the afllftance of fuch patrol, 

fhall continue in the charge of fuch offender or offenders, when fuch patrol or patrols 

fhall deliver fuch offender or offenders to the cuftody or charge of fome one of the 

conftables appointed for the faid town, who are hereby directed to take charge of 

fuch offender, and convey him or them, at or before the hour of nine in the forenoon 

of the fame day, to fome one of the juftices of the faid town, who, upon proof of 

fuch offence, fhall, and he is hereby empowered to inflict a fine not exceeding ten 

{hillings, upon fuch offender or offenders, to be recovered by warrant under the hand 

and feal of fuch juftice, and applied one half to the patrol who fhall apprehend^ and 

the other half to the conftable having charge of fuch offender or offenders. 

VIII. 



LAWS OF GEORGIA. 155 

VIII. And be it further enacted, That the faid before recited aft and this aft flia.Il A. ,D. 1768 
continue and be in force for and during the term of one year, and from thence to the No. 187. 
end of the next feflion of the general afTembly, and no longer, any thing in the faid Contmuation.of 

. n . ., J this and the be- 

recited act to the contrary thereof notwithstanding.* fore recited a<a. 

N. W. JONES, Speaker. 
JAMES HABERSHAM, Breftdeni. 
James Wright 
December 24, 1768. 

* Farther continued by adr of 1770, No. 203 ; and further continued by acl of 1773, No. 224, for one year, 
and to the end of the next feflion of the general afienibly, which was held 101777; ; nd finally made perpetual 
by acl of 1784, No. 287. 



An Acl to prevent fraudulent mortgages and conveyances, and for No. 188. 
making valid all deeds and conveyances heretofore made, vuith re- 
fpeel to any defeel in the form and manner of making thereof vuith 
certain rejlriElions* 

WHEREAS notorious frauds have been committed by evil difpofed and de- preamble, 
figning perfons, who frequently mortgage and borrow money on fecurity 
of lands and flaves, having before conveyed, fold, or mortgaged the fame, and the 
recording of all deeds and conveyances of lands, tenements, negroes, and other chat- 
tels, will greatly tend to the fecuring the titles of the proprietors or mortgagees, and 
prevent fuch frauds for the future, Be it therefore enabled, That all and every deed EnacTed. 
and deeds of fale, mortgage, or conveyance of any lands, tenements, negroes, or Deeds of file, 
other goods and chattels, heretofore made in this province, and which fhall be re- re c 'es &c dS ' 
corded in the fecretary's office of this province, within fix months after the paffing of where and in 
this acl:, except fuch as have been made and executed in any of the Britifh illands, ^ co y^ e d. C t0 C 
or in any other of the colonies on the continent of North America, which fhall be 
recorded within nine months, and except alfo fuch as have been made and executed 
in Great Britain or Ireland, which fhall be recorded within twelve months, and all 
deeds of fale, mortgages, or conveyances, made and executed within this province, 
from and after the firlt day of January next enfuing, being recorded as aforefaid, 
within ten days after the execution thereof, fhall be deemed 3 held, and taken as the 
firft deed of fale, mortgage, or conveyance, and fhall be allowed, adjudged, and 
held valid in all courts of judicature within this province, any former or other fale, 
mortgage, or conveyance, being of the fame lands, tenements, negroes, and other 
goods and chattels, and not recorded as aforefaid notwithflanding. 

II. Provided always, and be it further enabled, That neverthelefs if it fhall fo How to proceed 
happen there be more than one mortgage at the fame time made by any perfon or where there are 

r r , i r more mortgages 

perfons to any perfon or perfons of the fame lands and tenements, negroes, goods than one. 
or chattels, the feveral late or under mortgagees, who fhall have recorded their mort- 
gages, 

* Sec alterations made by act of 1785, No. 311, as to the recording of deeds and other conveyances of 
lands and tenements. 



156 DIGEST OF THE 

A. D. 1768. gages, his, her, or their heirs, executors, admiftrators, or affigns, fhall have power 

No. 188. ro redeem any former mortgage or mortgages, recorded as aforefaid, upon payment 

of the principal debt, intereft, and cofts of fuit, to the prior mortgagee or mortgagees, 

his, her, or their heirs, executors, adminiftrators, or affigns, any thing contained to 

the contrary thereof in any wife notwithstanding ; and all and every perfon and per- 

fons who fhall mortgage the fame lands, tenements, negroes, goods or chattels, a 

fccond time, the former mortgage thereof being in force and not difcharged, and 

fhall not difcover to the fecond mortgagee the former mortgage in writing, under 

his or their hands, fhall have no relief, power, or liberty of redemption whatfoever, 

in equity or otherwife, of and in the faid after mortgage or mortgages. 

Widow rot br,r- III. provided alfo, and be it further entitled, That nothing in this act contained 

mort £ a „. e d fhall be construed, deemed, or extended to bar any widow of any mortgager of lands 

bnds, unlefs the or tenements from her dower and right in and to the faid lands or tenements, who 

rclinquiflied. ^ not legally join with her hufband in fuch mortgage, or otherwife lawfully bar or 

exclude herfelf from fuch her dower or right. 
Defects of And, to the end that no perfon may hereafter fuffcr any inconvenience in 

deeds, &c. in recording their title deeds, by expofing the defedts thereof, It is hereby further en- 
&""*!] ot fata™' a ^ s ^ an d declared, That no deed of feoffment, bargain and fale, deed of gift, or 
other conveyance, of any lands or tenements whatfoever heretofore made, fhall be 
impeached or fet afide in any courts of law or equity for want of attournment or 
livery and feifin, or inrolment, or for that fuch conveyance hath been been macie 
by way of affignment or endorfement on any other deed or conveyance without other 
ceremony, nor for any other defect in the former or in the manner of the execu- 
tion of any fuch deeds or conveyances, or of the endorfements or affignments there- 
of, either in the firft deed, or in any of the mefne conveyances derived therefrom: 
Provifo. Provided neverihe!efs y That in cafe of the validity of fuch feoffment, bargain and 

fale, deed of gift, or other conveyance of lands or tenements, fhall be questioned, 
the legal and ufual proofs fhall be made that the rights were and would have been 
in the perfon or perfons conveying, if fuch defects had not happened in the form of 
fuch deeds or conveyances, or in the manner of the execution of the fame as aforefaid. 
V. And be it further enabled, That this act fhall continue and be in force for and 
during the term cf three years from and after the palling thereof, and from thence 
to the end of the nextfeffion of the general affembly, and no longer.* 

N. W. JONES, Speaker. 
JAMES HABERSHAM, Prefdent. 
James Wrtght. 
December 24, 1 768. 

* Continued for one year by act of 1 733, No, 224, and to the end of the next affembly, which was held in 
1777, and further continued by acT; of that year. Being in force in 1776 the fame is perpetuated ny ad of 
1784, No. 287. 

No. 189. -An Ac! for the encouraging the cultivation of hemp, fax, and wheat; and for regulating 

the infpetlion of hemp, fax, and wheat four. 
December 24. 
Expired. 



LAWS OF GEORGIA. 157 

An AH for granting to his majefly the fum of £3046 16 8i for the life and fupport of A. D. 1768. 
the government of Georgia for the year 1 779> to be raifed at certain rates and after the No. 190. 
method therein mentioned; and for the more effeblual collecting of arrears. 

December 24. 

Olfolete. 



A. D. 1770. 
An ASl for the better fecurity of the inhabitants, by obliging the male No. 191. 
e white perfons to carry fire arms to places of public 'worfhip.'f 

WHEREAS it Is neceffary for the fecurity and defence of this province from Preamble, 
internal dangers and infui regions, that all perfons reforring to places of 
public worfhip fhall be obliged to carry fire arms : 

I. Be it enabled^ That immediately from and after the palling of this act, every Enabled, 
male white inhabitant of this province, (the inhabitants of the fea port towns only All male white 
excepted, who fhall not be obliged to carry any other than fide arms) who is or fhall j." rry arms t() 
be liable to bear arms in the militia, either at common mufters or times of alarm, and places of divine 
reforting, on any Sunday or other times, to any church, or other place of divine wor- p ena hy of 10/. 
fhip within the parifh where fuch perfon (hall refide, fhall carry with him a gun, or 

a pair of piftols, in good order and fit for fervice, with at leaft fix charges of gun- 
powder and ball, and fhall take the faid gun or piftols with him to the pew or feat 
where fuch perfon fhall fit, remain, or be, within or about the faid church or place 
of worfhip, under the penalty of ten {hillings for every neglect of the fame, to be re- 
covered by warrant of diftrefs ajid fale of the offender's goods, under the hand and feal How to be re- 
of any juftice of the peace for the parifh where fuch offence is committed, one half co . vered and a P" 
to be paid into the hands of the church wardens, or where there is no church wardens 
to any juftice, for the ufe of the poor of the faid parifh, and the other half to him 
or them that fhall give imformation thereof. 

II. And for the better and more effectual carrying this act into execution, Be it fur- Church war- 
ther enacted. That the church warden or church wardens of each refpeefive parifh, and ' , c ; era " 

' r r » powered to ex- 

ihe deacons, elders, or felect men, of other places of public worfhip, fhall be obliged, amine perfc-m* 
and they are hereby empowered to examine all fuch male perfons, either in or about a ' r a ms e ° car ? 
fuch places of public worfhip, at any time after the congregation is affembled, on Chrift- 
mas and Eafter days, and at leaft twelve other times in every year, and if, upon find- 
ing any perfon or perfons liable to bear arms, and bring them to places of public wor- 
fhip as aforefaid, without the arms and ammunition by this a 61 dire6ted, and fhall 
not, within fifteen days after fuch offence is committed, inform againft fuch perfon 
or perfons fo offending, in order to recover the penalty as aforefaid, fuch church 
warden or church wardens, deacons, elders, or feledtmen, fhall, for every fuch ne- 
glect of duty, or giving information as aforefaid, forfeit and pay the fum of five 
pounds, to be recovered and applied as in this act is before directed. 

III. 

t Query — Whether this act can be enforced by any religious affociation, kiilefs exprefsly authorifed under the 
prefent government. See note, page j2. 



158 DIGEST OF THE 

A. D. 1770. HI. And be it further enabled, That any fuch perfon or perfons thus liable to bring 

No. joi. their arms, and being at any church or place of public worfhip as aforefaid, that 

Penalty on per- foall refufe to be examined in or about fuch places of public worfhip, or neglect, on 

fons refufijigto ,1,1 , .,• ». 

be examined. demand of the church warden or church wardens, deacons, elders, or felectmen 
refpectively, to produce and {hew his or their arms and ammunition by this 
act required to be brought by fuch perfon or perfons, to the intent it may be 
known whether the fame be fit for immediate ufe and fervice, fuch perfon or perfons 
fo refufing or neglecting (hall feverally, and for every fuch offence, forfeit the fum 
of ten fhiliings, to be recovered and applied in fuch manner as the penalty for not 
bringing fuch arms in and by this act directed. 
Continuation of IV. And be it enabled, That this act {hall be and continue in force for and during 
the term of three years, and from thence to the end of the next {effion of the gene- 
ral affembly, and no longer.* 

N. W. JONES, Speaker. 
JAMES HABERSHAM, Prefdeni. 
James Wright. 
February 27, 1770* 

* The next feffion after the expiration of the three years, was held in 1777. confequcntly this ad being in 
force at the time of the revolution, the fame is perpetuated by act of 1783, No. 279, though not particularly 
named. 



this act. 



No. jo z . An Abl to prohibit for a certain time, the exportation of Indian corn. 

February 27, 1770. 
Expired. 

No. 193. An Abl to amend an abl, entitled " An abl for afcertaining the qualifications of jurors % 
and for eflablijhing the method of ballotting and fummoning jurors in the province of 
Georgia" 

February 27. 
Obfolete. 

No, 194. An Ordinace re-appeinting Benjamin Franklin, Efquire, agent to folieit the affairs of 

this province in Great Britain. 
February 27. 

Obfolete. 

No. 195. An Ordinance for appointing James Kitchen, colleblor and comptroller of the country 

duties of the port of Sunlury. 
February 27. 
Obfolete. 

An 



LAWS OF GEORGIA. r#| 

An Ordinance appmiting infpeBors of hemp, flax, and wheat four for the ports of Sa- A. D. 1770. 

vannah and Sunbury. No. 196. 

February 27. 
Obfolete. 

Au Atl to regulate and a/certain the rates of wharfage of flipping and merchandize; and No. 197. 
alfo to afcertain the rates of forage in the fevera/ ports of this province; and for the 
better regulatim of wharves and of flipping in the faid ports ; and for afcertaining the 
duty of an harbor-mafer for the port of Savannah. 

May I o. 

Expired. — See at! o/"i774, No. 230. 



An Acl for further amending an Acl, entitled " An Ac! for the better No. i 9 §. 
regulating the town of Savannah, and for afcertaining the common 
thereunto belonging." 

WHEREAS in and by an a£t of affembly palled the ninth day of June, in the Preamble, 
year of our Lord one thoufand fevert hundred and fixty-one, entitled, 
" An act for amending an a£t for the better regulating the town of Savannah, and 
for afcertaining the common thereunto belonging," It was enabled, That the plan 
to that act annexed mould be thenceforth taken for and deemed to be the true plan 
of the faid town, and that the feveral references made therein to the plan in the 
furveyor general's office mould from thenceforth be taken and deemed to be made 
to the plan thereunto annexed, any thing in the faid a£t contained to the contrary 
notwithftandin g -. And whereas, in the faid plan to the faid a£t annexed, the feveral 
wharf lots under the bank or bluff of the faid town and common of Savannah, and the 
lines or limits of the faid common, were not laid down or afcertained, for want of 
which many difputes, controverfies, and fuits of law, may arife : And whereas mif- 
takes were made in the figures refpe£ting the width of feveral of the flreets and lanes 
in the faid town, Be it therefore enabled, That the plan annexed to this act fhall from Ena&ed. 
henceforth be held, taken for, and deemed the true plan of the faid town and com- Savannah, what 
mon of Savannah, including the feveral wharf lots under the bank or bluff of the P' a n tobedecm - 

ed the true plan 

faid town and common, and that the feveral references made in the faid recited adls of the town, &c. 
to the plan in the furveyor general's office fhall be henceforth taken and deemed to be 
made, and fhall be made and had to the faid plan hereunto annexed, any thing in 
the faid a£):s to the contrary notwithstanding- 

II. Regulating town — Repealed by a£r, of 1 787, No. 367. 

N. W. JONES, Speaker. 
JAMES HABERSHAM, Prefdent. 
James Wright. 
May 10, 1770. 

An 



i6o DIGEST OF THE 

A. D. 1770. /In Aft for raiftng a certain number of watchmen for preferving good order in and about 
No. 199. the town of Savannah' 

May 10, 1770, 
Obfoktc. 



No. 200. An AH for appointing infpetlors of tobacco, and to prevent the exportation of bad and 

unmerchantable tobacco. 

May 10. 

Obfokte. 



No. jot. jl n Act for empowering commijf oners to affefs the inhabitants of the town of Savannah in 
the fum of £200 13 4; and alfo to empower the treasurer to iffue certificates for the 
f um of £loo 6 8 to be funk' in 'the next g'eneYatTax~acl for fupporting a watch in the 
town of Savannah. 

May io* , 



Obfokte. 



1 



— *-* . 



, 



No. so*. rf n j4ft f amend an Ac~l y entitled, " An aft to prevent the bringing into and fpreading 
of malignant and contagious diflempers in this province ; to oblige maflers or comman- 
ders of veffels going out of any port within the fame firfil to produce a pafjport from the 
governor or commander in chief; to prevent the harboring of fick failors and others \ 
and for the regulating and well ordering of the lazaretto upon the if and of Tybee. ,,: 
May 10. 
Obfokte. 



No. 203. An Aft to continue thefeveral laivs therein mentioned.* 

An && for pu- -«■ -?r T"HERE AS feveral wholefome laws of this province are near expiring, and 
and mariners V v ll ls expedient that they mould be further continued, Be it enatledy That 

negkdhng their m a ^. p a ff e j th e fi xt h (j a y f March, one thoufand feven hundred and fix ty -fix* 

duty, &c. parted * r . i. . r . / » 

6th March, entitled, An aft for punifhing feamen and mariners neglecting or deferring their 

I?66 ' duty onboard their refpeclive fhips or veffels, and for preventing feamen or. mariners 

from being harbored or running in debt, which was to continue and be in force for 

three years, and from thence to the end of the next feffion of the general affembly : 

n. , And alfo an acl paffed the fixth day of March, one thoufand feven hundred and 

Anacttoamend * J ' 

the ad for the fixty-fix, entitled, An a£t to amend an acl: for the better regulating the' town of Sa- 

the towVof vannah, and for afcertaining the common thereunto belonging; and alfo to authorife 

Savannah, &c. and empower r.he church wardens and veftry of the parifh of Chrift church to appoint 

March 1766. a beadle for the purpofes therein mentioned ; which was to continue and be in force 

for and during the term of three years, and from thence to the end of the next feffion 

of 

* See acl; of 1773, No. 224, continuing certain lawsc 



LAWS OF GEORGIA. un 

of the general affembly : And alfo an aci paffed the twenty-fixth day of March, ons A. D. 1770, 
thoufand {even hundred and fixty-feven, to oblige the inhabitants of the town of , ° 2 °V,. 

. - n An act to oblige 

Sunbury to clear and keep clean the feveral lquares, ureets, lanes, and common the inhabitants 

within the fame : and to exempt the faid inhabitants from working- upon the roads in ° s , tovv ' n 

7 ••■ . Aunbury tokeep 

the parifh of St. Tohn ; which was to continue and be in force for and during the clean thefquares 
term of two years, and from thence to the end of the next feffion of the general e^oth March 
affembly : And alfo an atl paffed the twenty-feventh day of March, one thoufand feven 17^7- 
hundred and fifty-nine, for the better regulating taverns, punch houfes and retailers r"" a J L .[l e 
of fpiritous liquors, and further continued to the fourth day of March, one thoufand fog taverns, 
feven hundred and fixty-two ; and an additional act to the faid a£r, patTed the twenty- ^""pafled" 27th 
fifth day of March, one thoufand feven hundred and fixty-five, which were to March, 1739. 
continue and be in force until the twenty-fifth day of March, one thoufand- feven 
hundred and fifty-nine, and from thence to- the end of the next feffion of the general 
aflembly : And alfo an atl pafled the twenty-fixth day of March, one thoufand feven Aci to prevent 
hundred and fixty-feven, to prevent the bringing into and fpreading of malignant and t0 C a nj ^.lad- 
contagious diftempers in this province; and to oblige matters or commanders of vef- fog malignant 

-, . r • 1 • t r r n i n~ r 1 and contagious 

fels, going out or any port within the lame, tint to produce a paiiport from the go- f iii> e m-ers7&c. 

vernor or commander in chief, to prevent the harboring of (ick failors and others ; pafled 26th 

and for the regulating and well ordering the lazaretto upon the illand of Tybee ; 

which was to continue and be in force for and during the term of two years from 

the palling thereof, and from thence to the end of the next feffion of the general 

aflembly : And alfo an atl pafled the twentv-fixth day of March, one thoufand feven A & t0 regulate 

n i 1 1 r r 1 1 ' 1 • r r i i • i i the making of 

hundred and fixty-leven, to regulate the making or cyprei3, oak and pine lumber, cyprefs, oak, 
{laves and fiiingles, and for afcertaininp- the quality thereof, which was to continue f nd P me ln ™: 

r r -i r r i 1 if " t1 '' ®- c ' P a " ec * 

and.be m force for and during the term of two years, and from thence to tne end of 26th March, 
the next feffion of the general aflembly: Alfo an a£T pafled the eighteenth day of I7 °"'„. 
November, one thoufand feven hundred and fixty-five, for the eftablifhing and regu- nfhiifg and re- 
lating patrols, and to prevent any perfon from purchafing provifions or any other gating patrols 
commodities from, or felling fuch to any Have, unlefs fuch Have fliall produce a vembsr, 1765. 
ticket from his or her owner, manager, or employer, which was to continue and be 
in force for and during the term of three years, and from thence to the end of file 
next feffion of the general aflembly ;. and further continued by. an act pafled the 
twenty-fourth day of December, one thoufand feven hundred and fixty-eight, entitled Amended ami 
"An act to amend and continue the faid recited act ;" both which a£cs were to c^nt" 1 ' 1 ™ by an 

act pafled 4m 

continue and be in force for and during- the term of one year, and from thence to Decern. 1768. 
the end of the next feffion of the general affembly: And alfo an aci pafled the An act to. pre- 
twenty-fifth day of March, one thoufand feven hundred and fixty-five, to prevent abufcs' a fo S ad- 
frauds and abufes in admeafuring and laying out of his majefty's lands in this pro- meal'uring and 

. ■< • 1 , • 1 1 ■ 'r r i r r 1 ' \ r laying . out his 

vmce, which was to continue and be m rorce for the Ipace of three years, ana from ma j e fj y ' s i anc i s , 
thence to the end of the next feffion of the general aflembly; and afterwards conti- pafied 25th 
nued by an act, pafled the eleventh day of April, one thoufand feven hundred 
and fixty-eight, entitled, An a£t for continuing the feveral laws therein mentioned, 
which was to continue and be in force for and during the term of one year from the 

X Puffing, 



[.■62 



DIGEST OF THE 



A.D. 1770. 

No. 203. 
Act to amen J 
the act for re- 
gulating the pi- 
lotage of veffelt, 
p i (Ted 6th 
March, 1766. 



Act to amend 
the act to pre- 
vent private yer- 
fons from pur- 
chafing lands 
from the Indi- 
ans, paffed 25th 
March, 1765. 



Act for eftah- 
lifhing a jurif- 
diction for the 
trial of negroes 
and other flaves, 
&c. paffed nth 
April, 1768. 



Act to prevent 
frauds and de- 
ceits in felling 
beef, pork, &c 
paffed 6th 
March, 1766. 

Act to empower 
the feveral com- 
mi-ffioners or 
furveyors to lay 
out pubiic roads, 
^cc. paffed 6th 
March, 1766. 



Act to amend 
the faid ait paff- 
ed 26th March, 
1767. 

Act to prevent 
ftealing horfes 
and neat cattle, 
&c. paffed 26th 
February,! 767. 



paffing of that ac~t, and from thence to the end of the next feffion of the general 
affembiy : And alfo an acl paffed the fixth day of March, one thoufand feven hun- 
dred and fixty-fix, to amend an a£l for regulating the pilotage of veffels into the 
feveral ports of this province, and which was to continue and be in force for and 
during the term of two years, and from thence to the end of the next feffion of the 
general affembiy ; and afterwards continued by an acl: paffed the eleventh day of 
April, one thoufand feven hundred and fixty-eight, entitled " An acl; for conti- 
nuing the feveral laws therein mentioned," which was to continue and be in force 
for and during the term of one year from the patting of that a£t, and from thence 
to the end of the next feffion of the general affembiy : And alfo an acl paifed the 
twenty-fifth day of March, one thoufand feven hundred and fixty-five, to amend an 
acl, entitled " An acl: to prevent private perfons from purchafmg lands from the 
Indians, and for preventing perfons trading with them without iicenfe j" and after- 
wards continued by an acl: paffed the eleventh day of April, one thoufand {even hun- 
dred and fixty-eight, entitled " An acl: for continuing the feveral laws therein men- 
tioned," which was to continue and be in force for one year, and from thence to the 
end of the next feffion of the general affembiy : And alfo an acl paffed the eleventh 
day of April, one thoufand (even hundred and fixty-eight, for eftablifhing a jurifdic- 
tion for the trial of negroes and other ilaves, and other perfons therein mentioned, 
directing the mode of evidence and trial, and for the punifhment of crimes and 
offences committed by them, and alfo for making other neceffary regulations relating 
to fuch Haves and other perfons, which was to continue and be in force for and during 
the term of one- year, and from thence to the end of the next feffion of the general 
affembiy : And alfo an acl paffed the fixth day of March, one thoufand feven hun- 
dred and fixty-fix, to prevent frauds and deceits in felling beef, pork, pitch, tar, 
turpentine, and fire wood, which was to continue and be in force for and during the 
term of three years, and from thence to the end of the next feffion of the general 
affembiy : And alfo an a El paffed the fixth day of March, one thoufand feven hun- 
dred and fixty-fix, to empower the feveral commiffioners or furveyors hereafter 
named, to lay out and make fuch public roads in the province of Georgia, as are 
herein after mentioned and directed ; and to continue to work upon, clear, repair, 
and improve the feveral roads already laid out, and alfo the rivers ond creeks within 
their feveral and refpective divifions, which was to continue and be in force for and 
during the term of three years, and from thence to the end of the next feffion of the 
general affembiy : And alfo an acl paffed the twenty-fixth day of March, one thou- 
fand feven hundred and fixty-feven, to amend the faid recited a£l, which was to con- 
tinue and be in force for and during the term of two years, and from thence to the 
end of the next feffion of the general affembiy : And alfo an acl paffed the twenty- 
fixth day of March, one thoufand feven hundred and fixty-feven, entitled " An acl: 
to prevent ftealing of horfes and neat cattle, and for the more effectual difcovery and 
punifhment of fuch perfons as fhall unlawfully brand, mark, kill, or drive the fame, 
which was to continue and be in force for and during the term of three years from 
the paffing thereof, and from thence to the end of the next feffion of the general 

affemblv ; 



LAWS OF GEORGIA. 



163 



afTembly : And alfo an ail pafled the twenty-ninth day o£ February, one thoufand 
feven hundred and ftxty-four, entitled " An act for the punifhment of vagabonds 
and other idle and diforderly perfons, and for erecting prifons or places of fecurity 
in the fevgral parifhes of this province, and for preventing trefpaffes on lands of the 
crown, or lands referved for the Indians, and the more effectual fuppreffing and 
punifhing perfons bartering with the Indians in the woods," which was to continue 
and be in force for the term of two years from the time of the palling thereof, and 
from thence to the end of the next feffion of the general afTembly ; and afterwards 
continued by an act. paffed the twenty-fixth day of March, one thoufand feven hun- 
dred and fixty-feven, entitled " An act, for continuing feveral laws of this province," 
which was to continue and be in force for and during the term of three years from 
the paffing thereof, and from thence to the end of the next feffion of the general af- 
fembly : — Shall feverally and refpectively continue and be in force for and during the 
term of one year from the paffing of this act, and from rhenee to the end of the next 
feffion of the general afTembly, and no longer. 

N. W. JONES, Speaker. 

JAMES HABERSHAM, Prefideni* 
James Wright. 
May 10, 1770. 



A. D. 1770. 

No. 203. 

A& for die pu- 
ni foment of va- 
gabonds, &c. 
pafled 29th Fe- 
bruary, 1764,. 



Continued for 
the time herein- 
mentioned. 




An Acl for ordering and governing flaves tvithin this province, and No. 204.. 
for ejiablijhing a jnrifdiclionfor the trial of offences committed by 
fuchflaves, and other perjons therein mentioned ; and to prevent the 

inveigling and carrying avo ay flaves from their maflers, owners, - or 

employers* 

T"HEREAS, from the encreafing number of flaves in this province, it is necef- The peribns 
fary, as well to make proper regulations for the future ordering and govern- iiere2U rnenc- 

' ,. ., . - . , , or.ed declared 

ing fuch Haves, and to afcertain and prefcrioe tne pumfhment of crimes by them to be flaves. 
committed, as to fettle and limit, by poiitive laws, the extent of the power of the 
owners of fuch ffaves over them, fo that they may be kept in due fubjection and 
obedience, and owners, or perfons having the care and management of fuch fiaves, 
may be reftrained from exercifing unneceffary rigor or wanton cruelty over them, 
Therefore be it enaBed, That all negroes, Indians, mulattoes, or meftizoes,. who. now 
are, or hereafter lhall be in this province, (free Indians in amity with this govern- 
ment, and negroes, mulattoes, or meftizoes, who now are or hereafter fhall become 
free, excepted) and all their iffue and offspring born, or to be born, fhall be, and they 
are hereby declared to be and remain for ever hereafter abfolute flaves, and fhall follow 
the condition of the mother, and fhall be taken and deemed in law to be chattels 
perfonal in the hands of their refpective owners and poffeffors, and their executors,,, 
administrators, and affigns, to all intents and purpofes whatfoever : Provided always, Provifo*. 
That if any perfonor perfons whatfoever, on behalf of any negroe, Indian, mukttoe,.. 



1 64 



DIGEST OF THE 



A. D. 1770, 

No. 204* 



In actions 
brought by 
guardians the 
defendant to 
produce the 



ward of 
plaintiff. 



the 



No perfons to 
fuffer their 
ilnves to go out 
of the limits 
he:ein menti- 
oned without a 
tkket. 



or meftizoe, do apply to the chief juftice, or juftices of his majefty's general court, 
by petition, either during the fetting of the faid court, or before the chief juftice, 
or any of the juftices of the fame court, at any time in the vacation, the faid chief 
juftice, or any of the faid juftices, fhail be, and he and they is and are hereby 
empowered to admit any fuch perfons fo applying to the guardian for any negroe, 
Indian, mulattoe, or meftizoe, claiming his or her freedom, and fuch guardian fhall 
be enabled, entitled, and capable in law, to bring an action of trefpafs, in the nature 
of ravifhment of ward, againft any perfon or perfons who fhall claim property in or 
fhall be in poffeflion of any fuch negroe, Indian, mulattoe, or meftizoe; and the 
defendant or defendants fhall and may plead the general iffue on fuch action brought, 
and the fpecial matter may and fhall be given in evidence, and, upon a general or 
fpecial verdict found, judgment fhall be given according to the very right of the 
caufe, without having any regard to any defect in the proceedings, either in form 
or fubftance, and if judgment fhall be given for the plaintiff, a fpecial entry fhall 
be made, declaring that the ward of the plaintiff is free, and the jury fhall affefs 
damages which the plaintiff's ward hath fuftained, and the court fhall give judg- 
ment and award execution againft the defendant for fuch damages, with full cofts 
of fuit ; but in cafe judgment fhall be given for the defendant, the faid court is 
hereby fully empowered to inflict fuch corporal punifhment, not extending to life or 
limb, on the ward of the plaintiff as they in their difcretion fhall think fit : Pro- 
vided always. That in any action or fuit, to be brought in purfuance of the direction 
of this act, the burthen of the proof fhall lie on the plaintiff, and it fhall always be 
prefumed that every negroe, Indian, mulattoe, or meftizoe, (except as before excepted) 
is a flave, unlefs the contrary can be made appear. 

II. And be it further enacled, That in every action or fuit, to be brought by any 
fuch guardian as aforefaid, appointed purfuant to the direction of this act, the defen- 
dant fhall enter into a recognizance, with one or more fufficient fureties, to the plaintiff, 
in fuch fum as the faid general court fhall direct, with the condition that he fhall 
produce the ward of the plaintiff at all times when required by the court, unlefs 
fuch defendant fhall prove upon oath, to the fatisfadtion of the faid court, his ina- 
bility to produce fuch ward, and that, whilft fuch action or fuit fhall be depending 
and undetermined, the ward of the plaintiff fhall not be abufed or mifufed. 

III. And, for the better keeping flaves in due order and fubjection, Be it further 
enaBed, That no perfon whatfoever fhall permit or fuffer any flave, under his or 
their care or management, and who lives or is employed in any town in this pro- 
vince, to go out of the limits of the faid town or towns, or any fuch flave who lives in 
the country to go out of the plantation to which fuch flave belongs, or in which plan- 
tation fuch flave is ufually employed, without a ticket figned or fubferibed by the maf- 
ter or other perfon having the care or charge of fuch flave, or by fome other perfon by 
his or their order, direction, or confent; and every flave, who fhall be found out of any 
town in this province, if fuch flave lives or is ufually employed there, or out of the 
plantation to which fuch flave belongs, or in which fuch flave is ufually employed, if 

fuch 



LAWS OF GEORGIA. 



, 165 



fitch nave lives in the country, without a ticket as aforefaid, or without a white per- 
fon in his or her company, (hall be punifhed with whipping on the bare back not 
exceeding twenty lafhes. 

IV. And be it further enacted, That if any perfon or perfons fhall prefume to give 
a ticket or licenfe to any flave, who is the property or under the care or charge of 
another, without the confent of the owner or other perfon having the charge of 
fuch flave, he, fhe or they, fhall forfeit to the owner a fum not exceeding five 
pounds, over and above the damage that may accrue to fuch owner by the abfence 
of fuch flave. / 

V. And be it father enabled, That if any flave, who fhall be out of the houfe or 
plantation where fuch flave doth live, or is ufually employed, or without fome white 
perfon in company with fuch flave, fhall refufe to fubmit to the examination of any 
white perfon, it fhall be lawful for any fuch white perfon to purfue, apprehend, and 
moderately correct fuch flave, and if fuch flave fhall aflault and ftrike fuch white 
perfon, fuch flave may be lawfully killed: Provided always, That proof be made of 
fuch aflault or finking as aforefaid, to the fatisfaction of any two juftices of the 
peace, and feven freeholders, to be fummoned for that purpofe ; and if fuch proof 
cannot be made to the fatisfaction of the faid juftices and freeholders, then, and in 
fuch cafe, the perfon or perfons killing fuch flave fhall forfeit and pay to the owner 
the value of fuch flave fo killed, to be afcertained on oath of the faid juftices and 
freeholders, and to be recovered, if exceeding the fum of eight pdunds, in the ge- 
neral court of pleas in this province, and if not exceeding the fum of eight pounds, 
to be recovered by the faid juftices, by warrant of diftrefs and fale of the offender's 
goods, and in cafe no goods can be found whereupon to levy fuch dillrefs, the offen- 
der or offenders fhall be committed by the faid juftices to the common gaol, there 
to remain until the faid value fhall be paid, or for any time not exceeding fix months. 

VI. And be it further enacted, That if any flave, who fhall be employed in the 
lawful bufrnefs or fervice of his mailer, owner, overfeer, or other perfon having the 
charge of fuch flave, fhall be beaten, bruifed, maimed, or difabled, by any perfon or 
perfons, not having fufhcient caufe for fo doing, (of which caufe any juftice of the 
peace refpeclively may judge) every perfon and perfons fo offending fhall, for every 
fuch offence, forfeit and pay a fum not exceeding five (hillings ^r/V/zg', over and 
befides the damages herein after mentioned, to the ufe of the poor of the parifh in 
which fuch offence fhall be committed, and if fuch flave or fiaves fhall be maimed, 
or difabled by fuch beating, from performing his or her work, fuch perfon and per- 
fons fo offending fhall alfo forfeit to the owner of fuch flave, his or her lawful 
attorney, a fum not exceeding two (hillings for every day of his loft time, and alfo 
the charge of the cure of fuch flave, and fatisfaction (hall alfo be made to the owner 
for the damage done to fuch Have, and the damage to be afcertained by two freeholders 
of the neighborhood, one to be named by the owner, or his or her attorney, and the 
other by the offender ; and in cafe J&e faid offender will not name one freeholder on 
his part, then fuch freeholder to be named by any juftice to whom the party aggrieved 
fhall apply ; and the faid penalty and damages fhall, upon lawful proof thereof made, 

be 



A. D. 1770. 

No. 204. 



Penalty on per- 
fons giving tick- 
ets to fiaves 
without the 
confent of their 
owners 



Slavesbeing out 
of the place 
where they live, 
and refufing to 
be examined by 
a white perfon, 
how to be 
treated. 
Provifo. 



Penalty en per- 
fons beating 
fiaves employed 
in the lawful 
bufincfs of their 
mailers. 






166 DIGEST OF THE 

A. D. 1770. be recoverable before any one of his majefty's jufticesof the peace, and fuch juftice., 
No. 2C4. before whom the fame (hall be recovered, fhall have power to commit the offender or 
offenders to gaol, if he, fhe, or they, fhall produce no goods on which the faid penalty 
and damages may be levied, there to remain until fuch penalty and damages fhall be 
paid, any law, ftatute, ufage or cuftom to the contrary notwithstanding. 
Meeting of Vll. And ivhereaj the frequent meeting and affembling of Haves, under the pre- 

flaveshbwtoie tence of feafting, may be attended with dangerous confequences, Be it further enaBed % 
That it mall and may be lawful for every juftice afhgned to keep the peace in this 
province, within his refpective parifh, upon his own knowledge, or information 
received, either to go in perfon, or by warrant or warrants directed to any conftable 
or other perfon, to command to their afliftance any number of perfons as they fhall 
fee convenient, to difperfe any affembly or meeting of flaves which may difturb the 
peace or endanger the fafety of his majefty's fubjects, and every flave, which fhall be 
found and taken at any fuch meeting as aforefaid fhall and may, by order of fuch 
juftice, immediately be corrected, without trial, by receiving on the bare back not 
more than twenty-five ftripes with a whip, fwitch, or cowfkin •, and fuch juftice,, 
conftable, or perfons as aforefaid, are hereby authorifed and empowered to fearch all 
fufpected places for arms, ammunition, or ftolen goods, and to apprehend and fecure 
all fuch flaves as they mail fufpect to be guilty of any crimes or offences whatfoever, 
and to bring them to a fpeedy trial, according to the direction hereafter given by this 
act -, and in cafe'any conftable, or other perfon, fhall refufe to obey or execute any 
of the warrants or precepts of fuch juftices, or any of them, within their feveral pa- 
rifhes, or fhall refufe to affift the faid juftice or conftable, or any of them, when 
commanded and required, fuch perfon and perfons fhall forfeit and pay, for every 
fuch offence, a fum not exceeding five pounds fterling, to be recovered by a warrant 
under the hand and feal of any other juftice of the peace. 
Slaves commits VHI. And be it further enaSled, That upon any complaint being made to, or in- 
J.PS offences formation received by any juftice of the peace, of any offence being committed by any 
fiave or flaves within the parifh where fuch juftice is empowered to act, fuch juftice 
fhall commit fuch Have or flaves to the work houfe, if any, or to the fafe cuftody of 
any conftable of the faid parifh, and fhall without delay, by warrant under his hand 
and feal, give notice of fuch commitment to any two or more of the neareft juftice 
or juftices of the peace in the faid parifh to aflbciate with him, and by the fame war- 
rant fhall fummon a jury of not lefs than feven of the neighbourhood freeholders 
to meet together with the faid juftices, at a certain time and place to be by them' 
appointed, not exceeding three days after the apprehending and committing of fuch 
flave or flaves as aforefaid, (u nlefs it fhall appear neceffary for the faid juftices, either 
for want of fufficient and pofitive proof, or any other fufficient reafon, to delay the 
fame) and the juftices and jury fo affembled fhall caufe the flave or flaves accufed or 
charged as aforefaid, to be brought before them, and fhall hear the accufation brought 
againft fuch Have or flaves, and his or her defence, and proceed to the examination 
of witneffes and other evidence, and finally hear and determine the matter brought 
before them as aforefaid, in the moft fummary and expeditious manner, and in cafe 

the 



LAWS OF GEORGIA. 



i6f 



the offender mall be convicted of any crime not capital, the faid juflices, or any two 
of them, fhall give judgment for the inflicting any corporal punifhment, not extend- 
ing to the taking away life or member, as they in their discretion mall think fit, and 
(hall award and caufe execution to be done accordingly; and in cafe fuch offender 
(hall be convicted of any crime for which by law he or (he ought to fuffer death, the 
faid juflices, or any two of them, fhall give judgment and award execution of their 
fentence, by directing fuch manner of death, and at fuch time as the faid juflices, 
with a majority of the jury, fhall think mod convenient, and which they fhall judge 
mofl effectual to deter others from offending in like manner : Provided neverthe/efs, 
That, in cafe the owner, truflee, or other perfon, fhall give fufncient fecurity to the 
faid juflices for the forthcoming of fuch negroe or negroes, and of all expences that 
may attend fuch delay, then the faid execution of fuch fentence fhall not be carried 
into effect, but be fufpended until the faid juftices, or any two of them, fhall, under 
their hands, lay a full ftate and report of the cafe, evidence, verdict, and judgment 
thereupon, before the governor or commander in chief for the time being, and his 
pleafure be known thereon. 

IX. And be it further enacled. That, as foon as the juflices and jury fhall be affem- 
bled as aforefaid, in purfuance of the direction of this act, the faid jury fhall take 
the following oath ; I A. B. do folemly fwear, in the prefence of Almighty God, 
that I will truly and impartially try the prifoner or prifoners brought upon his, her, 
or their trial, and a true verdict give according to evidence to the beft of my know- 
ledge. So help me God. 

X. And, for preventing the concealment of crimes and offences committed by 
{laves, and for the more effectual difcovery and bringing flaves to condign punifhment, 
Be it therefore enabled. That the evidence of any free Indians, mulattoes, mestizoes, 
or negroes or Haves, fhall be allowed and. admitted, in all cafes whatfoever, for or 
againfl another flave accufed of any crime or offence whatfoever, the weight of which 
evidence, being ferioufly confidered and compared with all other circumftances at- 
tending the cafe, fhall be left to the juflices and jury. 

XI. And whereas flaves may be harbored and encouraged to commit offences, and 
concealed and received by free negroes, and fuch free negroes may efcape the pu- 
nifliment due to their crimes for want of fuflicient and legal evidence againfl them, 

le it therefore further enabled, That the evidence of any free Indian or flave fhall in 
like manner be allowed and admitted in all cafes againfl any free negroes, Indians, 
^free Indians in amity with this government excepted) mulattoe or meftezoe, and all 
crimes and offences committed by free negroes, Indians, (except as before excepted) 
mulattoes, or meftezoes, fhall be proceeded and tried by the juflices and jury appoint- 
ed by thisadt for the trial of flaves in like manner as is hereby directed for the proceed- 
ings and trial of crimes and offences committed by flaves, any law, ftatute, ufage, 
or cuftom to the contrary,, notwithflanding. 

XII. And be it further enabled, That the feveral crimes and offences herein after 
particularly enumerated are hereby declared to be felony, that is to fay: If any flave, 
free negroe, Indian, mulattoe, or meflizoe, (Indians in amity with this govern- 
ment 



A. D. 1770. 

No. 204. 



Provifo. 



Oath to he tak- 
en by the jury 
at the trial of 
flaves. 



Evidence to be 
taken againft 
flaves. 



Evidence to be 
admitted a- 
gainft free ne- 
groes, &c. 



Crimes that are 
declared felony 
by this a<5t. 



i<58 DIGEST OF THE 

A. D. 1770. rnent excepted) fhall be guilty of homicide, of any fort, upon white perfons, ex- 
No. 204. cept by mifadventure, or in defence of his or her owner, or other perfon unde? 
whofe care and government fuch flave fhall be, or mall raife, or attempt to raife, any 
infurrection, or commit, or attempt to commit, a rape on any white perfon whomfo- 
ever, every fuch offender and offenders, hi3 and their aiders and abettors, fhall, upon 
conviction thereof, fuffer death ; or if any flave, free negroe, Indian, mulattoe, or 
meftizoe, (except as before excepted) fhall wilfully and malicioufly kill any Have, or 
other perfon as aforefaicl, or fhall break open, burn, or deftroy, any dwelling houfcj 
or other building whatfoever, or fet fire to any rice, corn, or other grain, tar kiln, 
barrel or barrels of pitch, tar, turpentine, rofin, or any other goods or commodi- 
ties whatfoever, or fhall Heal any goods or chattels whatfoever, or delude or entice 
any flave or Haves to run away, whereby the owner or owners of fuch flave- or Haves 
fhall, or would have loft or been deprived of fuch flave or Haves, every fuch Have 
and flaves, and his or their accomplices, aiders and abettors, fhall, upon conviction 
as aforefaid, fuffer death, or fuch other punifhment as the faid juftices and jury fhall 

Provifo. in their difcretion think fit : Provided, That fuch flave fhall have actually prepared 

provifions, arms, ammunition, horfe or horfes, or any fiat, canoe, or other veffel, 
or done any other overt act whereby fuch their intention fhall be manifefted. 

Poifcning, or XII-I. And whereas the deteftable crime of poifoning hath frequently been com»- 

being acceflary n^jtted by flaves, Be it therefore enacted* That not only fuch negroes, mulattoes, or 

thereto, declar- . J ' ... 11 

ed to be felony, meftizoes., as fhall adminifter poifon to any perfon or perfons, whether free or bond, 
but alfo all and every negroe, mulattoe, or meftizoe, who fhall furnifh, procure or 
convey, any poifon, to be adminiftered to any flave or flaves, or to any perfon or 
perfons as aforefaid, and alfo all fuch negroes, mulattoes, and meftizoes, as fhall be 
privy (and not reveal the fame) to the furnifhing, procuring, or conveying any poi- 
fon, to be adminiftered to any perfon or perfons as aforefaid, fhall be deemed and 
adjudged, and all and every of them are hereby declared to be felons, and fhall fuffer 
death in fuch manner as the perfons appointed by this act for the trial of flaves fhall 
adjudge and determine. 

Slaves giving * XIV- And, for the encouragement of flaves to make difcovery of the defigns of 

information of otners i poifon any perfon, Be it enacted. That every negroe, mulattoe, or meftizoe^ 
any intention to r r J . . . . .. J ° 

poifon ho'w to who fhall hereafter give information of the intention of any other flave to poifon any 

perfon, or of any flave that hath furnifhed, procured, or conveyed, any poifon, to be 

adminiftered to any perfon, fhall upon conviction of the offender or offenders, be en> 

titled to and receive from the public of this province, a reward of twenty fhillings, to 

be paid him or her by the treafurer yearly, and every year, during the abode of fuch 

negroe, mulattoe, or meftizoe, in this province, on the day that fuch difcovery was 

made, and fhall alfo be exempted from the labor of his or her mafter on that day ; 

and every juftice before whom fuch information is made, is hereby required to give 

a certificate of every fuch information, which certificate fhall entitle the informant 

to the reward aforefaid : Provided always neverthelefs, That no flave fhall be convicted 

upon the bare information of any other flave, unlefs fome circumftance or overt act 

appear, by which fuch information fhall be corroborated to the fatisfaction of the 

{aid juftiees and jury. XY». 






be rewarded. 



LAWS OF GEORGIA. 169 

XV. And provided affo, and be it farther enabled, That in cafe any Have fhall be A. D. 1770. 

convicted of having given falfe information, whereby any other Have may have fuf- No " 2 ° 4 " 

fered wrongfully, every fuch falfe informer {hall be liable to and fuffer the fame f a ]f e inform^ ti- 

punifhment as was inflicted upon the party accufed, any law, ufage, or cuftora, to the on ^ ow t0 be 

x ■*■ *..=■■' * ° puniihed. 
contrary notwithltanding. 



XVI. And be it farther enabled, That in cafe any flave fhall teach and inftruct ano- Slaves teaching 
ther flave in the knowledge of any poifonous root, plant, herb, or other fort of poifon jf no e ^ e( j" % 
whatever, he or fhe offending, fhall upon conviction thereof, fuffer death as a felon, poifon to fuffer 
and the flave or flaves fo taught or inftructed, fhall fuffer fuch punifhment not extend- tauo-h^corporal 
ing to life or limb, as fhall be adjudged and determined by the juftices and jury before puniihment. 
whom fuch flave or flaves fhall be tried. 

XVII. And be it further enacted, That no negroe or other flaves fhall hereafter be Slaves adniini- 
fuffered or permitted to adminifter any medicine, or pretended medicine, to any other c i"!"f another 
flave, but at the inftance or direction of fome white perfon owning, or having the care flave, ianlefs by 
and management of the flave to whom the fame is to be adminiftered; and, in cafe any white perl - on c * 
negroe or other flave fliall offend herein, he or fhe fhall, upon complaint and proof fuff cr corporal 
thereof made to any juftice of the peace, fuffer corporal punifhment, not exceeding 

fifty ftripes. 

XVIII. *And, in order to difcourage any owner of flaves from concealing any slaves rut to 
crime committed by fuch flaves, to the prejudice of the public welfare, Be it far- death to be ap- 
ther enabled, That, in cafe any flave fliall be put to death, in purfuance of any fen- ■ ' 
tsnce awarded by direction of this act, the juftices awarding the fame, and the 

whole jury who found him or her guilty, fhall appraife and value fuch flave, fo to 
be put to death, on oath, which appraifement and valuation fhall be certified 
to the treafurer of this province, who is hereby authorifed to pay the fame to 
the owner of fuch flave, or his order ; provided fuch appraifement and valuation 
does not exceed the fum of forty pounds fterling, for any one flave ; and, Provided 
alfb, TJxat fuch flave or flaves, at the time of the committing the crime fur which 
he, fhe, or they fhall be fo fentenced, fhall clearly appear to have been, the property 
of an inhabitant of this province, or of fome perfon having a fettled plantation 
therein, whereon fuch flave or flaves-, at the time the faid crime was committed, 
was or were employed. 

XIX. And be it farther enabled. That the faid juftices, or any of them, are hereby Juftices autho- 
authorifed, empowered, and required, to fumrnon and compel all perfons whatfo- "jj 6 p^o^to 
ever to appear and give evidence upon the trial of any flave ■, and if any perfon fliall give evidence on 
neglect or refufe to appear, or appearing, fhall refufe to give evidence, or if any Q aves , l 
matter, or other perfon who has the care and government of any flave, fhall pre- 
vent and hinder any flave under his charge and government from appearing and giving 

evidence in any matter depending before the juftices and jury'aforefaid, the faid 
juftices may, and they are hereby fully empowered and required, upon due proof made 
of fuch fummons being ferved, to bind every fuch perfon offending as aforefaid by 
recognizance, with one or more fufEcient fureties, to appear at the next general court, 

Y to 

: * This fed. is repealed by a<2 of 1793, No. 457.. 



170 DIGEST OF THE 

A. D. 1770. to anfwer fuch their ofFence and contempt, and, for default of finding fureties to 
No. 204. commit fuch offenders to prilbn for any term not exceeding the fpace of two 
months. 
Matters con- XX. And be it further enabled^ That, in cafe the mafler, or other perfon having 

accufed of aea^ t ^ e c ^ ar g e or government of any Have who fhall be accufed of any capital crime, ' 
pital crime to ihall conceal or convey away any fuch Have, fo that he cannot be brought to trial and 
ajnaTfofa'cruHe condign punifhment, every mafter, or other perfon fo offending, fhall forfeit a fum 
not capital/; %o. not exceeding two hundred pounds fterling, if fuch flave be accufed of a capital 
crime as aforefaid, but if fuch flave be accufed of a crime not capital, then fuch 
mafter, or other perfon, fhall only forfeit a fum not exceeding twenty pounds fter- 
ling, to be paid to the treafurer for the ufe of the public. 
Duties required XXI. And be it further enaffed, That all and every the con ftable and conftables, 

of conftables in nl t j ie feveral pariflies within this province where any flave fhall be fentenced to 

putting the len- rrrl11 . n „ ., 

tences pro- fuffer death, or other punifhment, fhall caufe execution to be done of all the orders, 

nounced againft warran t s , precepts, and judgments of the juftices hereby appointed to try fuch flaves, 
tion. for the charge and trouble of which the faid conftable or conftables respectively fhall 

be paid by the public, unlefs in fuch cafes as fhall appear to the faid juftice or 
juftices to be malicious or groundlefs profecutions, in which cafes the faid charges 
fhall be paid by the profecutors for whipping, or other corporal punifhments, not 
extending to life, the fum of five fhillings, and for any punifhment extending to 
life, the fum of fifteen fhillings, and fuch other charges for keeping and main- 
taining fuch flaves as are by the act for erecting a work houfe appointed, for the 
levying of which charges againft the profecutor, the juftices are hereby empowered 
to iffue their warrant ; and that no delay may happen in caufing execution to be 
done upon fuch offending flave or flaves, the conftable who fhall be directed to caufe 
execution to be done, fhall be, and he is hereby empowered to prefs one or more 
flave or flaves, in or near the place where fuch whipping, or other corporal punifh- 
ment, fhall be inflicted, to whip, or inflict fuch other corporal punifhment upon the 
offender or offenders, and fuch flave or flaves fo preffed fhall be obedient to and 
obferve all the orders and directions of the conftable, by whipping on the bare back 
not exceeding twenty lafhes, which punifhment the faid conftable is hereby autho- 
rifed and empowered to inflict ; and the conftable fhall, if he preffes a negroe, pay 
the owner of the faid negroe two fhillings out of his fee for doing the faid execu- 
tion, and in cafes capital fhall pay to the negroe doing the faid execution the fum 
of two fhillings, over and above the faid fee to his owner. 
Slaves not to XXII. And be it further enaBtd, That it fhall not be lawful for any flave to carry 
carry Ere arms, an( j m ake ufe of fire arms, or any offenfive weapon whatfoever, unlefs there be 

&c. except as , r r 1 •• 1 r 

htreinfpecified. fome white perfon of the age or fixteen years or upwards in the company of fuch 
flave when he is hunting or fhooting, or unlefs fuch flave be found in the day time 
actually keeping off birds, or killing beafts of prey within the plantation to which 
fuch flave belongs, lodging the fame gun at night within the dwelling houfe of his 
mafter, miftrefs, or white overfeerj and in cafe any perfon fhall find any flave ufing 
or carrying fire arms, or other offenfive weapon, contrary to the true intention of 

this 



LAWS OF GEORGIA. 



171 



this act, fuch perfon may lav/fully feize and take away fuch offenfive weapon or 
fire arms, but, before the property thereof fhall be vefted in the perfon who fhall 
feize the fame, fuch perfon fhall, within forty-eight hours next after fuch feizure, 
go before the next juftice of the peace, and fhall make oath of the manner of the 
taking thereof, and if fuch juftice of the peace, after fuch oath fhall be made, or 
if, upon any other examination, he fhall be fatisfied that the faid fire arms, or other 
offenfive weapons, fhall have been feized according the directions and agreeable to 
the true intent and meaning of this a£t, the faid juftice fhall, by a certificate under 
his hand and feal, declare them forfeited, and that the property is. lawfully vefted 
in the perfon who feized the fame : Provided always, That no fuch certificate fhall 
be granted by any juftice of the peace until the owner or owners of fuch fire arms, 
or other offenfive weapons fo feized as aforefaid, or the overfeer or overfeers who 
fhall or may have the charge of fuch Have or flaves from whom fuch fire arms, or 
other offenfive weapons, fo taken or feized, fhall be duly fummoned to fhew caufe 
why the fame fhould not be condemned as forfeited, or until forty-eight hours after 
the fervice of fuch fummons, and oath made of the fervice thereof before the faid 
juftice. 

XXIII. And be it further enabled. That if any (lave fhall prefurne to ftrike any white 
perfon, fuch flave, upon trial and conviction before the juftice orjuftices, according 
to the directions of this a£t, fhall, for the firft offence, fuffer fuch punifhment as the 
faid juftice or juftices fhall in his or their difcretion think fit, not extending to life or 
limb, and for the fecond offence fhall fuffer death ; but, in cafe any fuch flave fhall 
grievoufly wound, maim, or bruife, any white perfon, though it fhall be only the 
firft offence, fuch flave fliall fuffer death : Provided always, That fuch ftriking, 
wounding, maiming, or bruifing, be not done by the command and in the defence of 
the perfon or property of the owner, or other perfon having the care and government 
of fuch flave, in which cafe the flave fhall be wholly excufed, and the owner, or 
other perfon having the care and government of fuch flave, fliall be anfwerable as if 
the a£t had been committed by himfelf. v 

XXIV. And be it further enabled, That it fhall and may be lawful for every per- 
fon to take, apprehend, and fecure any runaway or fugitive flave, and they are 
hereby directed and required, within forty-eight hours after fuch taking, appre- 
hending and fecuring, (otherwife. fuch perfon to be conftrued and taken as a har- 
borer of fuch runaway or fugitive flave) to fend fuch flave, if convenient, to the 
mafter, or other perfon having the care and government of fuch flave, if the perfon 
taking up or fecuring fuch flave knows, or can without difficulty be informed, to 
whom fuch flave belongs, or fuch flave fhall be delivered into the cuftody of the 
mafter of the work houfe of the parifh, if any, but if none, to any conftable of 
the faid parifh, and the mafter, or other perfon who has the care or government of 
fuch flave, fliall pay, for taking up fuch flave, whether by a free perfon or flave, 
the fum of five {hillings fterling, and the mafter of the work houfe, or conftable, 
upon receipt of every fugitive or runaway flave, is hereby directed and required to 
keep fuch ilave in fafe cuftody until fuch flave fhall be lawfully difcharged, and 

fhall, 



A. D. 1770. 

No. 204. 



Provifo. 



Slaves linking 
any white per- 
fon how to be 
punifhed. 



Provifo. 



Runaway flaveg 
to be delivered 
to the perfons 
herein men cl- 
oned. 



172 



DIGEST OF THE 



A. D. 1770. 

No. S04. 



Slaves to be 
maintained at 
the charge of 
the owners. 



Perfori9 taking 
up runaway 
iiavesentitled to 
two pence for 
every mile flaves 
are brought or 
fent ; the ac- 
count herein 
mentioned to be 
given on delive- 
iv of flaves to 
the matter of 
the work houfe 
or conftable. 



Fees of the con- 
ftable and maf- 
ter of the work 
houfe. 



fhall, as foon as conveniently it may be, advertife fuch flave in the pnblic gazette, 
and alfo in the moft public place in the parifh where fuch Have fh'aU. be taken up, 
with the beft defcription he fhall be able to give, firft carefully viewing and exam- 
ining fuch Have for any brand or mark, which he (hall alfo advertife, to the intent 
the owner, or other perfon who fhall have the care or charge of fuch Have, may come 
to the knowledge that fuch flave is in cuftody; and if fuch nave (hall efcape through 
negligence, and cannot be taken up in three months, the faid perfon fhail anfwer to 
the owner for the value of fuch flave, or the damages which the owner fhall fuftain 
by reafon of fuch efcape, as the cafe (hall happen. 

XXV. And be it further enacled> That the faid mafter of the work houfe, or con- 
ftable fhall, at the charge of the owner of fuch flave, provide fufficient food, drink, 
clothing and covering, for every flave delivered into his cuftody, or, on failure 
thereof, fhall forfeit all his fees, and, for each day after he fhall neglect to adver- 
tife as before directed, the fum of three {hillings. 

XXVI. And be it further enabled. That if any perfon fhall take up any runaway 
flave, and deliver fuch flave either to the mafter or other perfon having the care and 
charge of fuch flave, or to the conftable of the parifh, or the mafter of the work 
houfe, fhall be entitled to receive from the owner, or conftable of the parifh, or 
the mafter of the work houfe, two pence per mile for every mile fuch flave fhall 
have been brought or fent, to be computed from the place where fuch flave was ap- 
prehended, and, if fuch flave fhall be delivered into the cuftody of the conftable of 
the parifh aforefaid, or to the mafter of the work houfe, the perfon delivering fuch 
flave (hall give an account of his name, place of abode, and the time and place 
when and where fuch flave was apprehended, which account the faid conftable, or 
mafter of the work houfe, fhall enter down in a book to be kept for that purpofe, 
and fhall give a receipt for any fuch flave which fhall be delivered as aforefaid into 
his cuftody ; and the faid conftable, or mafter of the work houfe, is hereby fully 
authorifed and empowered to demand and receive from the owner, or other perfon 
having the charge or care of any fuch flave, for negroes committed: from the month 
of October to March inclufive, for finding neceflary clothing and covering, to be 
the property of the matters, any fum not exceeding eighteen fhillings, and the fe- 
veral fums following, and no other fum, fee, or reward, on any pretence whatfo- 
ever, that is to fay: For apprehending each flave, paid to the perfon who delivered 
fuch flave into cuftody, five fhillings ; for mileage, paid to the fame perfon, two 
pence per mile; for a fufficient quantity of pro vifi on for. each, flave, fix-pence; for 
advertifmg every flave as directed by this act, three fhillings and fix-pence ; for 
receiving each flave, fix-pence; for poundage on money advanced, one fhilling in the 
pound ; and the faid conftable, or mafter of the work houfe, fhall and may lawfully 
detain any flave in cuftody until the fees and expences aforefaid be fully paid and fatis- 
fied ; and in cafe the owner of fuch flave, or his overfeer, agent, manager, attorney, or 
truftee fhall neglect or refufe to pay or fatisfy the faid fees and expences, for the fpace 
of thirty days after the fame fhall be demanded, by notice in writing ferved on the 
owner of fuch flave, or (if the owner is abfentfrom this province) upon his overfeer, 

agent, 



LA^S OF GEORGIA. 17 



1 



arent, manager, attorney, or truftee, the faid conftable, or mafter of the work A. D. 1770. 

houfe, fhall and may expofe any fuch flave to fale at public outcry, firft giving ten No. 204. 

days notice of fuch fale, and, after deducting the fee's and expences aforefaid, and 

the charges of fuch fale, the overplus money arifing from fuch fale to be lodged in 

the hands of any one juftice of the parifh where fuch fale fhall be made, and upon 

demand to be by him returned to any perfon who has a right to demand and receive 

the fame. 

XXVII. And be it -further enabled, That if any conftable, or the mafter of the Penalty on con- 
work houfe, fhall refufe to take into his or their cuftodv, any fugitive flave or ftab ' es °r «* 

' m '. . mafter of the 

flaves, and to do and perform all the feveral fervices and duties required by the fore- work houfe not 
going claufe, fuch conftable, or mafter of the work houfe, fhall forfeit a fum not l^^/S^ 
exceeding twenty pounds fterling, one half to be paid to the owner of fuch Have, in the foregoing 
and the other half to the poor of the parifh, fuch fine to be recovered on proof caue ' 
being made of fuch offence being committed. 

XXVIII. And forafmuc'h as, for want of knowing or finding the owners of any 
fugitive flave to be delivered to him as aforefaid, the faid conftable, or mafter of the 
work houfe, may not be obliged to keep fuch flave in his cuftody, and find and pro- 
vide provifions for fuch flave over and beyond a reafonable time, Be it therefore entitled, Shves not 
That if the owner or owners of fuch fugitive flaves fhall not, within trie fpace of claimed withis 

»f • - -. . " x days after 

fix days from the time of advertifing, make his, her, or their claim or claims, or it advertifing to 
{hall not be otherwife made known to the faid conftable, or mafter of the work houfe, ^ commi " ed 

' 'to the work 

within the time aforefaid, to whom fuch committed flave fhall belong, the faid con- houfe. 
{table fhall commit the faid flave to the cuftody of the mafter of the work ; houfe in 
Savannah, who fhall give a receipt for the fame, and pay the conftable his fees and 
expences as directed by this act, and the faid mafter of the work houfe, fhall imme- 
diately and conftantly advertife in the gazette of this province, for the fpace of 
eighteen months, and, if not claimed in that time, it fhall be lawful for the faid 
mafter of the work houfe to fell fuch flave at public outcry, he firft advertifing fuch 
fale, together with the reafons thereof, and, out of the money arifing from fuch 
fale, to deduct or retain to himfelf what fhall be then due for money by him difburfed 
on the receipt of fuch flave, and for his fees and provifions, together with the 
reafonable charges arifing by fuch fale, and the overplus money, if any, fhall be 
rendered and paid by the faid mafter of the work houfe to the treafurer of the pro- 
vince for the time being, in truft neverthelefs for the ufe of the owner or owners of 
fuch flave, provided the fame be claimed by him, her or them, within one year and 
a day after fuch fale, or, in default of fuch claim within the time aforefaid, to be 
applied in aid of the general tax for any fum or fums which fhall or may have been 
paid for negroes publicly executed : Provided neverthelefs ■, That on fufficient proof of Provifo. 
the property being. in any perfon or perfons at any time, the public fhall be liable to 
and pay the fame. 

XXIX. And be it further enabled, That if any free perfon, or any flave, fhall Perfons hatbor- 
harbor, conceal, or entertain any flave that fhall run away, or fhall. be charged or ' ng luriaw ' a y 

..-,.,.., ' • ', flaves how to be 

■accufed of any criminal matter, every free negroe, mulattoe, and meftizoe, and punifhed. 

every 



\ 

174 DIGEST OF THE 

A. D. 1770. every flave, that {hall harbor, conceal, or entertain any fuch (lave, being duly con- 
No. 204. vic'ted thereof according to the direction of this aft, if a Have, (hall fuffer fuch 
corporal punifhment, not extending to life or limb, as the juftice or juftices who 
fhall try fuch flave fhall in his or their difcretion think fit, and if a free perfon, fhall 
forfeit the fum of thirty (hillings for the firft day, and three (hillings for every day 
fuch flave fliall have been abfent from his or her owner or employer, to be recovered 
and applied as in this act hereafter is directed. 
Perfons_ maim- XXX. And be it further eriaclcd y That if any perfon fliall be maimed, wounded, 
anything pur- or difabled, in purfuing,. apprehending, of. taking any flave, that is j a fugitive, or 
fuanttothe di- charged with any criminal offence, or in doing any other, act, matter, or thing, in 
aft 'to be re- obedience to, or in purfuance of the direction of this act, he (hall receive fuch 
warded by the reward from the public as by the general aflembly fhall be thought fitting and proper, 
and if any fuch perfon (hall be killed, fuch reward (hall be given and paid to his heirs, 
executors, or adminiftrators. 
Penalty on per- XXXI. And be it further enaEiedy That if any retailer of ftrong liquors, or any 
fe!Hng S beerf&c' ot ^ ier perfon or perfons, fhall give or fell to any (lave any beer or fpiritous liquors 
to flaves with- whatfoever, without the licenfe or conient of the owner, or fuch other perfon who 
«f their owners, fhall have the care and government of fuch flave, every perfon fo offending fliall for- 
feit a fum not exceeding five pounds fterling for the firft offence, and for ,the fecond 
offence ten pounds fterling, and fliall be bound in a recognizance in the fum of twenty 
pounds fterling, with one or more fufficient fureties, before any one of the juftices 
» of the peace of the parifh where fuch offence fhall be committed, not to offend in 

like manner, and to be of good behavior for one year, and, for want of fuch fuffi- 
cient fureties, to be committed to the neareft common gaol for a term not exceeding 
three months. 
Penalty on per- XXXII. And whereas many perfons purchafe provifions and other commodities, 
with flave^lcc $ rom flaves, by which the owners of fuch (laves are and may be great fufferers, (hould 
fuch pernicious practices continue, Be it therefore enaEled> That immediately from 
and after the paffing this act, any perfon or perfons whatfoever,, who (hall purchafe 
from, or fell to for money, or barter with any (lave or fiaves for any fort of provifion, 
or other commodities whatfoever, unlefs fuch (lave or (laves fliall produce a ticket 
from his, her, or their employer, owner, or manager, allowing fuch (lave or flaves to 
difpofe of fuch money, or purchafe or fell fuch provifion, or commodity, fhall, upon 
conviction thereof, before any one or more juftices of the peace, for the parifh where 
fuch offence (hall be committed, forfeit a fum not exceeding ten pounds, to be applied 
one half to the poor of the faid parifh, and the other half to the informer, and fhall 
find fufficient fecurity for his, her, or their good behavior for twelve months, and 
in cafe of refufal, to pay fuch penalty or find fuch fecurity, then, and in fuch cafe, 
he, (he, or they, (hall be by the faid juftice or juftices, committed to the neareft com- 
mon gaol, there to be and remain for and during the fpace of three months : Pro- 
Pr»vifo. vided always , That it fhall and may be lawful for any flave, who lives or is actually 

employed in or near any town in the province, to buy and fell fruit, fifh, and garden 
(luff, and to purchafe any thing for the ufe of their owner, manager, or employer, 



in 



LAWS OF GEORGIA. 175 

in open market, under fuch regulations as are or may be bylaw made and appointed A. D. 1770. 
concerning the market in fuch town or towns. No - 2e 4« 

XXXIII. And whereas it may in many cafes be difficult to procure fufficient evi- 
dence or proof of fuch offence being committed, Be it therefore enacted. That where Evidence to be 
any Have or Haves mail declare before any one or more juftice or juftices of the peace, fuch" offenders, 
(of the probability of which declaration fuch juftice or juftices are hereby allowed to 

judge) that any perfon or perfons whatever, are or have been guilty of fuch offences, 
it ihall be taken for granted, (fuch probability appearing) that fuch perfons are guilty 
of the faid offences, and every fuch perfon fhall be, and is hereby declared to be liable 
to the penalties above inflicted on perfons fo offending, unlefs fuch perfon fhall make 
it appear upon oath, to the fatisfaclion of fuch juftice or juftices, that he or (he is 
not guilty of fuch offence. 

XXXIV. And be it further enabled, That no owner, mafter, or miftrefs of any Penalty on 
flave, after the paffing of this a£t, fhall permit or fuffer any of his, her, or their permitting ™ 
flaves, to go and work out of their refpective houfes or families, without a ticket in them to work 
writing, under the pain of forfeiting the fum of thirty fhillings fterling for every fuch t i c k ets . 
offence, to be paid the one half to the juftices of the parifh for the ufe of the poor of 

the parifh in which the offence is committed, and the other half to him or them that 

will inform or fue for the fame ; and every perfon employing any flave, without a 

ticket from the owner of fuch flave, fhall forfeit to the informer fifteen fhillings 

fterling for each day he fo employs fuch flave, over and above the wages agreed to 

be paid fuch flave for his work : Provided neverthelefs, That the faid penalty of Provifo. 

fifteen fhillings each day, fhall not extend to any perfon whofe property in fuch flave 

is difputed. 

XXXV. And whereas feveral owners of flaves may permit them to keep canoes, Good9,&c. bar- 
and to breed and raife horfes and neat cattle, and fo traffic and barter in the feveral 1 ™* S & r c ',°tepc 
parts of this province, for the particular and peculiar benefit of fuch flaves, by which by flaves for 
means they may have not only an opportunity of receiving and concealing ftolen exce r pt as before 
goods, but to plot and confederate together, and form confpiracies, dangerous to the excepted, liable 
peace and fafety of the whole province, Be it therefore enacted, That it fhall not be 

lawful for any flave fo to buy, fell, trade, traffic, deal, or barter for any goods or com- 
modities, (except as before excepted) nor fhall any flave be permitted to keep any 
boat, pettiagua, or canoe, or to raife, breed, or keep, for the ufe and benefit of 
fuch flave, any horfes, mares and neat cattle, under pain of forfeiting all the goods , 
and commodities which fhall be fo bought, fold, trafficked, traded, dealt, or bartered 
for by any flave, and of all the boats, pettiaguas, canoes, horfes, or cattle, which any 
flave fhall keep, raife, or breed for the peculiar ufe, benefit and profit of fuch flave ; 
and it fhall and may be lawful for any perfon or perfons whatfoevcr, to feize and take 
away from any flave, fuch goods, commodities, boats, pettiaguas, canoes, horfes, 
mares, or neat cattle, and to deliver the fame to any juftice of the peace neareft to 
the place where the feizure fhall be made, and fuch juftice fhall take the oath of fuch 
perfon who fhall make any fuch feizure concerning the manner of feizing and taking 
the fame, and if the faid juftice fhall be fatisfied that fuch feizure hath been made 

according 



i-]6 DIGEST OF THE 

A. D. 1770. according to the directions of this act, he fhall pronounce and declare the goods £0 
No. io\. feized as aforefaid, to be forfeited, and fhall order the fame to be fold at public out- 
cry, and the monies arifmg from fuch fale fhall be difpofed of and applied as is herein 
after directed : Provided always, That if any goods fhall be feized which came to the 
pofleffion of any flave by theft, finding, or otherwife, without the knowledge, privity, 
confent, or conveyance of the perfons who have a right to the property or lawful 
cuftody of any fuch goods, the fame fhall be reftored, on fuch perfon's making oath 
before any juftice as aforefaid, who is hereby empowered to adminifter fuch oath to 
the effect or in the following words : I, A. B. do fincerely fwear, that I have a juffc - 
and lawful right or title to certain gOods feized and taken by C. D. out of the pof- 
feffion of a flave named E. that I did not, directly or indirectly, permit or fuffer the 
faid flave, or any other flave whatsoever, to keep and employ the faid goods for the 
ufe, benefit, or profit, of any flave whatfoever, or to fell, barter, or give away the 
fame, but that the fame goods were in pofTeffion of the faid flave by theft, finding, 
or otherwife, or to be kept bona fide for the ufe of E. F. a free perfon, and not for 
the ufe or benefit of any flave whatfoever, fo help me God ; which oath fhall be 
Provifo, taken as the cafe fhall happen : Provided alfo, That it fhall be lawful for any perfon, 

being the owner or having the care and government of any flave, who refides, or is 
ufually employed in any part of this province without the limits of any town, to give 
licenfe or permiflion to fell, exchange, or barter, in Savannah, or elfewhere within this 
province, the goods, or commodities of the owner, or other perfon having the care 
and government of fuch flave, provided, that in fuch licenfe or permiflion the quan- 
tity and quality of the goods and commodities with which fuch flave fhall be entrufled 
be particularly and diftinctly fet down and fpecified, and figned by the owner, or 
other perfon having the care or government of fuch flave, or by fome other perfon by 
his or their order 2nd direction. 

XXXVI. And, as it is abfolutely necefiary to the fafety of this province that all 
due care be taken to reftrain the wandering and meeting of negroes and other fiaves, 
at all times, and more efpeeially on Saturday nights, Sundays, and other holidays, and 
their ufing and carrying mifchievous and dangerous weapons, or ufing and keeping of 
drums, horns, or other loud inftruments, which may call together, or give fign or 
notice to one another, of their wicked defigns and intentions, and that all rnafters,. 
v - owners, and others, may be enjoined diligently and carefully to prevent the fame, 
Slaves found ^ e lt enaEled, That it fhall and may be lawful for any perfon whomfoever to appre- 
out-of the plan, foend and take up any negroe, or other flave, that fhall be found out of the plan- 
owners without tation of his 6r their mafter, or owner, at any time, efpeeially on Saturday nights, 
a ticket, or with S un rf a y S) or other holidays, not being on lawful bufinefs and with a ticket from their 
armed, to be mafter, or not having a white perfon with them, and the faid flave or fiaves met or 

taken up and f oun d ou t f ^g plantation of his or their mafter or miftrefs, though with a ticket, if 
whipped,. &c r . . , . 

he or they be armed with fuch offenfive weapons aforefaid, him or them to difarm, 

take up, and whip 5 and whatfoever mafter, or owner, or overfeer, fhall permit or. 

fuffer his or their flave or fiaves, at any time hereafter to beat drums, blow horns, or 

ether loud inftruments, or whofoever fhall fuffer and countenance any public meetings 

or 



LAWS OF GEORGIA. 177 

or feaftings of ftrange flaves in their plantations, (hall forfeit thirty millings flerling A. D. 1770. 

for every fuch offence, upon conviction or proof as aforefaid, provided an infor- No * 3 °4- 
mation or other fuit be commenced within one month after the forfeiture thereof. 

XXXVII. And be it further enabled, That no flave or flaves fhall be permitted to Slaves not to 
rent or hire any home, room, itore, or plantation, on his or her own account, or houfe, &c 
to be ufed or occupied by any flave or flaves, and any perfon or perfons who fhall 

let or hire any houfe, room, or plantation, to any flave or flaves, or to any free 
perfon to be occupied by any flave or flaves, every perfon fo offending fliall forfeit 
and pay to the informer a fum not exceeding twenty pounds. 

XXXVIII. And whereas it may be attended with ill confequences to permit a great Men flaves ex- 
number of flaves to travel together on the high roads without fome white perfon in "mbef not" to 
company with them, Be it therefore enabled, That no men flaves, exceeding feven in travel in any 
number, fhall hereafter be permitted to travel together in any high road in this pro- out a white per- 
vince without fome white perfon with them, and it fhall and may be lawful for any fon - 
perfon or perfons, who fhall fee any men flaves, exceeding feven in number, without 

fome white perfon with them as aforefaid, travelling or affembling together, in any 
high road, to apprehend all and every fuch flaves, and may whip them not exceeding 
twenty lafhes on the bare back. 

XXXIX. And whereas the having flaves taught to write, or fuffering them to be 
employed in writing, may be attended with great inconveniences, Be it therefore en- Penalty on per- 
abled, That all and every perfon and perfons whatfoever, who fhall hereafter teach, fl^Vt" write. 
or caufe any flave or flaves to be taught to write, or read writing, or fhall ufe or em- 
ploy any flave as a fcribe in any manner of writing whatfoever, every fuch perfon 

and perfons fhall for every fuch offence forfeit the fum of twenty pounds fterling. 

XL. And whereas the inhabitants of this province are liable to have their flaves 
inveigled, ftolen, or carried away, and may receive great prejudice and damage by 
fuch unwarrantable and wicked practices, Be it therefore enabled, That all and every inveigling of 
perfon or perfons who fliall inveigle, ileal, or carry away any negroe, or other flave i^say. 
or flaves, or fhall hire, aid, or counfel any perfon or perfons to inveigle, fteal, or 
carry away, as aforefaid, any fuch flave or flaves, or that fhall aid any fuch flave in 
running away or departing from his mailer's or employer's fervice, or fhall give a ticket 
or pafs whereby fuch flave fhall depart from the fervice of his or her faid owner, 
manager, or employer fhall be, and he and they is and are hereby declared guilty of 
felony, and, being thereof convicted or attainted, fhall ftand mute, or will not 
directly anfwer to the indictment, or will peremptorily challenge above the number 
of twenty of the jury, fliall fuffer death as felons, and be excluded and debarred of 
the benefit of clergy. 

XLI. And be it further enacted, That if any perfon fhall, on the Lord's day, com- Penalty on per- 
monly called Sunday, employ any flave in any work or labor, (works of abfolute ? ns " ^. g k 
neceffity and the neceffary occafions of the family only excepted) every perfon fo on Sundays, 
offending fhall forfeit and pay the fum of ten millings for every flave he, fhe, or 
they, fhall fo caufe to work or labor. 

Z XLII. 



i 7 3 



DIGEST OF THE 



A. D. 1770. 

No. 204. 



Murdering of 
flavts how to 
be pur)ifh<;d. 



Penalty on per- 
rons not keep- 
ing a white per- 
fon on planta- 
tion. 



Perfon sfued for 
executing this 
aiS may plead 
the gentral iiTue 



XLII. And whereas cruelty is not only highly unbecoming thofe who profefs them- 
felves Chriftians, but is odious in the eyes of all men who have any fenfe of virtue or 
humanity, therefore, to reftrain and prevent barbarity being exercifed towards Haves, 
Be it enapied, That if any perfon or perfons fhall wilfully murder* his own flave, or 
the flave of any other perfon, every fuch perfon fhall, upon conviction thereof by the 
oath of two witneffes, be adjudged guilty of felony for the firft offence, and have the 
benefit of clergy, making fatisfaction to the owner of fuch flave, and fhall be ren- 
dered, and is hereby declared altogether incapable of holding any place of truft, or 
of exercifing, enjoying, or receiving the profits of any office, place or employment, 
civil or military, within this province y but if any perfon fhall offend in like manner 
a fecond time, fuch fecond offence fhall be deemed murder, and the offender fuffer 
death for the faid crime, and fhall forfeit as much of his lands, tenements, goods, 
and chattels, as may be fufficient to fatisfy the owner of fuch flave fo killed as aforefaid j 
and in cafe any perfon fhall not be able to make the fatisfaction hereby required on 
committing the firft offence, every fuch perfon fhall be lent to any frontier garrifon 
of this province, or committed to the gaol at Savannah, and there to remain at the 
public expenee, for the fpace of feven years, and to ferve or be kept to hard labor, 
and the pay ufually allowed by the public to foldiers of fuch garrifons, or the pro- 
fits of the labor of the offender, fhall be paid to the owner of the flave murdered ; 
and if any perfon fhall, on a fudden heat of paffion, and without any ill intent, kill 
the flave of any other perfon, he fhall forfeit the value of the faid flave fo killed, to 
be appraifed by any three or more freeholders ; and, in cafe any perfon or perfons 
ihall wilfully cut out the tongue, put out the eye, caflrate, or cruelly fcald, burn, 
or deprive any flave of any limb or member, or fhall inflict any other cruel punilh- 
ments, other than by whipping or beating with a horfewhip, cowfkin, fwitch, or 
fmall flick, or by putting irons on, or confining or imprifoning fuch flave, every fuch 
perfon fhall, for every fuch offence, forfeit a fum not exceeding fifty poundsjferlwg. 
XLIII. And whereas plantations fettled with flaves, without any white man thereon, 
may be harbors for runaway and fugitive flaves, Be it therefore enaBed, That no per- 
fon or perfons hereafter fhall keep any flaves, on any plantation or fettlement, without 
having a white man on fuch plantation or fettlement, under pain of forfeiting the 
fum of five pounds Jter/ing for every month which any fuch perfon fhall fo keep any 
flaves on any plantation or fettlement, without a white man as aforefaid ; and every 
owner of any plantation or fettlement, for every twenty-five flaves, of the age of fix- 
teen and upwards which fuch owner fhall have thereon, fhall be, and is hereby 
obliged to retain and keep in his or her fervice, on fuch plantation or fettlement, 
one white man capable of bearing arms, under the pain of forfeiting five pounds per 
month for every white man wanting thereon. 

XLIV. And be it further enaBed, That if any perfon fhall be, at any time fued 
for putting in execution any of the powers contained in this act, fuch perfon fhall 
and may plead the general iffue, and give the fpecial matter and this act in evidence, 
and if the plaintiff be non-fuited, or a verdict pafs for the defendant, or if the plain- 
tiff 
* Th« murder of a flave is punifhable in like manner as the murder of a white j>erfoa. See conft.-»f 179S. 



LAWS OF GEORGIA. 



179 



tiff difcontinue his action, or enter a noli profequi, or if upon demurrer judgment 
be given for the defendant, every fuch defendant fhall have his full cofls. 

XLV. And be it further enaBedy That this act, and all the claufes therein contained, 
(hall be conftrued mod largely and beneficially for the promoting and carrying into 
execution this act, and for the encouragement and juflification of all perfons to be 
employed in the execution thereof, and that no record, warrant, precept, or commit- 
ment, to be made by virtue of this act, or the proceedings thereupon, fhall be re- 
verfed, avoided, or any wife impeached by reafon of any default in form. 

XLVI. And be it enaBedy That all fines and penalties and forfeitures impofed or 
inflicted by this act, which are not hereby particularly difpofed of, or the manner of 
the recovering directed, fhall, if not exceeding the value of eight pounds Jlerlingy be 
recovered as is directed in and by an act for the more eafy and fpeedy recovery of 
fmall debts and damages, in the parifh where fuch offence fhall be committed ; and 
in cafe fuch fine, penalty, or forfeiture, fhall exceed the fum of eight pounds fter ling, 
the fame fhall be recovered by action of debt, bill, plaint, or information, in the 
general court of this province j and all the faid fines, penalties, and forfeitures, 
which fhall be recovered by this a£t, and are not before particularly difpofed of, fhall 
be one half to his majefly, his heirs and fucceffors, and to be paid to the treafurer, 
to be applied in aid of the general tax, towards paying for fuch flaves as are executed 
by virtue of this act, and the other half to the informer or informers. 

XLVII. And be it further enaBedy That his majefly's part of the fines, penalties 
and forfeitures,* which fhall be recovered by virtue of this act, fhall be paid into 
the hands of the juftices, or in the court where the fame fhall be recovered, who 
fhall make a memorial or record of the fame to the treafurer of this province from 
the faid court of juftices, who fhall receive his majefty's part of fuch fines and for- 
feitures, which memorial fhail be a charge on the judges or juftices refpectively to 
whom the fame fhall be paid, and the treafurer of this province for the time being 
fhall and may, and he is hereby authorized and empowered to levy and recover the 
fame by warrant of diftrefs and fale of the goods and chattels of the faid judges or 
juftices refpectively who fhall be charged with the fame, in cafe they or any of them 
{hall neglect or refufe to make fuch memorial, or record as aforefaid, or fend fuch 
tranfcript thereof as is before directed, or fhall neglect or refufe to pay the fame 
over to the treafurer within thirty days after the receipt of the fame. 

XLVIII. And be it further enaBedy That this act fhall be deemed a public act, and 
fhall be taken notice of without pleading the fame before all judges, juftices, magif- 
trates, and courts within this province. 

XLIX. And be it further enaBedy That this act fhall continue and be in force for 
and during the term of five years, and from thence to the end of the then next 
feflion of the genera! affembly, and no longer.f 

N. W. JONES, Speaker. 

JAMES HABERSHAM, Preftdent. 

An 



A. D. 1770. 
No. 204. 

Thisa£t,andall 
the claufes 
therein contain- 
ed, (hall be con- 
ftrued moft be- 
neficial for car- 
rying the lame 
into execution. 

Fine?, &c. not 
hereby difpofed 
of, or the man- 
ner of recovery 
directed, how- 
to be recovered 
and -applied. 



James Wright. 



May 10, 1770. 



This act to be 
deemed a public 
acT:. 



Continuation of 
this a&. 



* Now applied to the ufe of the State. See Revival Act of 1784, No. 287. 

t The next feflion, after the expiration of the five years, was held in 1777. Confequ«ntly, this act being in 
full force at the time of the revolution, the fame is perpetuated by ad of 1784, No. 287. 



i8o DIGEST OF THE 

A. D. 1 77-' An Ordinance for reappointing Benjamin Franklin, Efquire, agent to folicit the affairs 
No. 205. of this province in Great Britain , to commence the firjl day of June next, and to. con- 

tinue for one year. 
May 10.. 
Obfolete. 



No. 206, An Ordinance for appointing packers and infpeclors for the ports of Savannah and Sunbury; 

and aifo cullers and infpeclors of lumber in the f aid ports. 

May 10. 
Part obfolete; and the rejl repealed by acl of 1790, No. 455° 



No. 207. An Ordinance for appointing Andrew Elton Wells harbor mafler for the port of Savannah* 
May 10,. 1770. 
Obfolete. 

No. 2c8. An Acl for granting to his majefy the fum of £3355 9 Oz for the ufe andfupport of 
the government of Georgia for the year 1770, to be raifed at certain rates and after the 
method therein mentioned; and for the more effeclual collecling of arrears ; and for ex- 
empting the pari/hes of Saint David, Saint Patrick, Saint Thomas, and Saint JUary^ 
they not being reprefented. 

May 10. 
Obfolete. 

A. D. 1773* 

No. 209. An Ordinance for re-appointing Benjamin Franklitij Ef quire, ogent to folicit the affairs. 

of this province in Great Britain.. 

September 29, 1 773* 
Obfolete. 

No. 2to. An All for granting to his majefy the fum of £s l l l l S l-0\ for the ufe and fupport of 
the government of Georgia for the year 1773, to be raifed at certain rates and after 
the method therein mentioned. 
September 29, 
Obfolete. 

Nc. ait. An Acl for granting to his majefy a duty upon raw meat hides, exported from this province,. 

and for preventing the exportation of unmerchantable tanned leather. 

September 29. 

Obfolete* 

An 



LAWS OF GEORGIA. 181 

An Acl to empower the commiffioner s or furveyors to lay out, make and repair the roads A. D. 1773. 
already laid out, or that may hereafter be necejfary, and alfo to clear the rivers and No. 21a. 
creeks within their rejbeftive divi/ions. 

September 29- 
Obfolcte* 

An Ac! to prevent counterfeiting the paper money of other his majef- ^ 0i 213 , 
ty*s colonies or province in America* 

I. |3 E it enabled, That if any perfon or perfons after the paffing of this act, (hall, Felony tocoun- 
J|_3 within this province, prepare,, engrave, (lamp, or print, or caufe or procure to *?*(«* the cur- 
be prepared, engraved, ftamped or printed, the counterfeit refemblance of any paper the provinces. 
money which now is, or hereafter may be circulated in payments by legiflative autho- 
rity, in any Britifh colony or plantation in America, with intention that fuch coun- 
terfeit paper {hall be pafTed in payment, whether the fame be fo paired or not, fhall 
be adjudged a felon, and (hall fufFer death without benefit of clergy ; and if any per- 
fon or perfons fhall in this province pay, or tender in payment, any fuch counterfeit- 
ed money, knowing the fame to be forged or counterfeited,- altered or erafed, every 
fuch perfon, being lawfully convicted, fhall forfeit the fum of two hundred pounds 
current money of this province, and fhall be imprifoned in the common gaol for fix 
calender months, and during fuch imprifonment fhall be publicly whipped three times. 

II. And be it further enabled by the authority of or ef aid, That this act fhall continue Continuance g|E 
and be in force for the term of five years, and from thence to the end of the next fef- * '""" ' 
fion of the general aflembly, and no longer.f 

WILLIAM YOUNG, Speaker. 
, JAMES HABERSHAM, Prefdent. 
James Wright. 
September 29, 1773. 

* See act of 17S6, No. 349, to prevent counterfeiting paper money of this State. 

f This act being in force at the time of the revolution, the fame is perpetuated by acls of 17S3, No. 279, 
and 1784, No. 287. 



An A3 for the better ordering the militia: No. 214. 

September 29. 
Obfolete. 

An Ordinance appointing the Honorable Grey Elliott, Ej "quire, agent, to folicit the a fairs Nov*i5»- 
of this province in Great Britain, in cafe of the abfence of Benjamin Franklin, Efq. 
from Great Britain* 

September 29. 

Obfolcte*- 

An< 



i8a DIGEST OF THE 

A. D. 1773. An Acl to oblige maflers of veffels and other tranfienl perfons importing negroes or other 

No* zi6. flaves, goods, wares, and merchandize, to pay tax for the fame ; and to compel the 

perfons dire tied to receive the fame, to give fecurity for the due performance of their 

office, and for the monies that may be received by them, by virtue of any acl of this 

province. 

September 29, 1773. 
Obfolete. 

No. 317. An Acl to enforce the payment of arrears of taxes due in this province, from perfons hilding, 
or claiming to hold lands, by virtue of and under grants, ftgned by the governor of 
South Carolina, in the year of our Lord, 1763. 

September 29. 



No. 418. An Acl to prevent m'fchiefs arifngfrom the pratlice of hunting or killing deer by firelight, 

in the nieht time. 
September 29. 
Revifed and re-enacled with alterations, by at! of 1790, No. 444. 



No. 319. An Acl to prevent damages arifmg from dams or banks, and for pre- 
venting perfons from flopping the natural courfe or courfes of water 
to the injury of their neighbors** 

No perfons fliall "^"Y 7"HERE AS it hath become a practice for perfons to make dams or banks for 
keep C up thena- ▼ ▼ tne referving or flopping of water, and at unfeafonable times to let off the 
turai courfe of water fo flopped or referved to the manifefl injury of their neighbors, to prevent, 
overflow any therefore, fuch injuries for the future, Beit enabled, That from and after the paffing 
other perfons f this a£t, no perfons whomfoever fhall be permitted or allowed to make or keep up 
their confent, * n Y dams or banks to flop up the natural courfe of any water or waters, fo as to 
&c * overflow the lands of any other perfon or perfons, without the confent of fuch per- 

fou or perfons being firfl had and obtained, nor fhall any perfon or perfons whomfo- 
ever flop or prevent any water or waters from running off any perfon or perfons field, 
whereby fuch perfon or perfons may be prevented from planting in feafon, or receive 
any other injury, nor fo as to turn the natural courfe of any water or waters from one 
channel or fwamp to another, to the prejudice of any neighbor or neighbors, or any 
other perfon or perfons whomfoever. 

II. And be it further enabled, That in cafe any perfon or perfons fhall make or 
keep up any fuch dams or banks, to the injury of any other perfon or perfons, by 
overflowing their lands as aforefaid, upon complaint being made thereof by the party 

injured 

* See aft of 1787, No. 363, refpecTing dams acrofs rice grounds. 



LAWS OF GEORGIA. 183 

injured to any juftice of the peace for the diftrict where the offence (hall be commit- A, D. 1773. 
ted, fuch juftice fhall be, and he is hereby fully empowered, authorized and requir- No * 2T 9- 
ed, to fummon five freeholders of the faid diftrict, one of whom fhall be named Sfce"^ f»m- 
by the faid juftice, and two by each of the parties, and fuch freeholders being firft &v>n five free- 
fworn before fuch juftice to determine the matter juftly and impartially, fliall forth- teri&ine. matters 
with proceed to view the faid banks and dams, and the damage complained of, and complained of, 
immediately certify the matter as they fliall find it, under their hands, to the faid juilice, ' 
and, in cafe an award fhall be given in favor of the complainant, the faid juftice 
fliall immediately make an order to cut open the bank or dam in fuch manner as to 
prevent any further damage, the expence whereof, and all other expences attending 
the profecution, to be paid by the offender. 

III. And be it further enacted, That in cafe any damage fliall have been already Damages fnf- 
fuftained by the complainant, either by fuch dams or banks being kept up, or by framed Lmhe 
letting off any referved waters, the faid freeholders fhall, upon view thereof, afcer- freeholders, and 
tain and certify the fame, under their hands, to the faid juftice, which damages fo ty Wendine.''' "" 
afcertained the offender fhall immediately pay and fatisfy to the party grieved, and, 

in cafe of neglect or refufal fo to do in ten days, the faid damage, if it does not 
exceed the fum of eight pounds, fliall and may be recovered in the fame way as 
debt and damages are directed to be recovered and levied by the act, entitled, " An 
act for the more eafy and fpeedy recovery of fmall debts and damages, and, in cafe 
the faid freeholders fliall be of opinion that fuch damages do not exceed the fum of 
eight pounds, then fuch damages fhall and may be recovered in any court of record 
in this province in the ufual manner ; Provided always, That nothing in this act 
fhall extend, or be conftrued to fubject any perfon or perfons who fhall have made or 
caufe to be made, or fliall make or caufe to be made, any banks or dams, to referve 
or (top water, to pay any damages v/hich may be fuftained by breaking of the faid 
dams or banks, when occafioned by violent rains or floods, or when there may be 
an abfolute neceffity for cutting the faid dams or banks to prevent the breaking of 
the fame ; and in cafe any freeholder fhall neglect or refufe to obey the fummons 
of the juftice, or any other matter herein directed, fuch freeholder fhall (unlefs he 
can make a reafonable excufe) forfeit a fum not exceeding .five pounds, nor lefs 
than forty {hillings, to be fued for and recovered by the act, entitled " An act 
for the more eafy and fpeedy recovery of fmall debts and damages •," and to be ap- 
plied, the one half to the informer, and the other half to his majefty, to be paid 
into the hands of the treafurer, for fuch ufe and purpofes as the general aflembly 
fliall think proper. 

IV. And be it further enacted, That the freeholders fhall each be allowed for their Freeholders m 
trouble and attendance herein, the fum of five {hillings for each day's attendance on a a y f ° r theira^ 
the fame, to be paid by the party or parties offending. tendance. 

V. And be it further enacted, That in cafe any perfon or perfons whomfoever, Perfons fued for 
fliall be fued or impleaded for any matter or thing, committed or done in purfuance *V? thin » done : 
of the directions of this act, it fliall and may be lawful for fuch perfon or perfons to this a<a may 
plead the general iffue, and give this act and the fpecial matter in evidence, and P ! ^ the g en3 " 

in 



i8 4 DIGEST OF THE 

A. D. i?73* in cafe the plaintiff fhall become non-fuit, fuffer a discontinuance, or a verdict fhall 

No. 219. p a f s ngainft him, the defendant (hall be allowed double cofts. 
Continuation of VI. And be it further enacted, That this a£t (hall continue and be in force for the 
term of three years, and from thence to the end of the next feffion of the generaL 
alTembly, and no longer.* 

WILLIAM YOUNG, Speaker. 
JAMES HABERSHAM, Prefdent. 
September 29, 1 7 73. 
James Wright. 

* The next feffion after the expiration of the three years, was held in 1777, confequently this acft being in 
force at the time of the revolution, the fame is perpetuated by ac-ls of 1783, No. 279, and 1784, No. 287. 



No. sio. An Acl to prevent the Jlealing of horfes and neat cattle, and unlaw- 
fully branding, marking, killing, or driving the fame. 

Stealing; of bor- j, +T|H| E it enatled, That immediately from and after the paffing of this acl, every 
how to be pu- JL3 perfon or perfons taking or fteaiing any horfe, mare, gelding, colt, filly, or 

mfhed. neat C attle, and all acceffaries, as well before as after fuch offence committed, and 

who fhall be legally and duly convicted thereof, fhall for the firft offence, be fet in 
the pillory, a fpace not exceeding four hours, nor lefs than two hours, in fome pub- 
lic place, by the provoft marfhal or his minifters, and fuffer fuch imprifonment as the 
court fhall think proper, and before difcharged, be publicly whipped on his bare back 
three feveral times, and receive at each time thirty-nine lafhes, and alfo fhall be 
branded on the fhoulder with the letter R. ; and for the fecond offence, upon due 
conviction thereof, fhall be adjudged guilty of felony without benefit of clergy. 
Sales of horfes, II. And be it further enatled, That immediately from and after the palling of this 
&c. when to be a( rv upon tne f a } e or exchange of any horfe, mare, gelding, colt, filly, or neat cattle. 

vouched before . ' r f ' ' . ° ° r • , , , ,••„'' 

toll mailers and the perfon or perlons 10 lelhng or exchanging the lame, if required by the purchafer, 
a certificate ^ ij j-, e avouc } ie d and tolled, and a certificate thereof obtained from the toll mafter, 

thereof obtain- ' - » 

ed. except however, public fales of horfes or neat cattle, by executors or adminiftrators 

belonging to the eftates of perfons deceafed, for which he, fhe, or they, may act in 

fuch capacity, and except alfo fales by the provoft marfhal or his deputies, conftables, 

or other perfons empowered by any a£t of the general affembly of this province, to 

make, diftrefs, and levy execution. 

Juflices of the III. And be it further enatled, That the juftices affigned to keep the peace in the 

peace are ap- f evera i parifhes in this province fhall be, and they are hereby appointed to be toll 

mafters. Seeflfft mailers in their refpeftive parifhes, and are hereby declared to have full authority 

No. 454. tQ exerc }f e a ]j an( j every the powers in them vefted as toll mafters, by virtue of 

this act. 

IV. And be it further enabled, That the toll mafters hereby appointed fhall admi- 
nister oaths to the perfons avouching or tolling before them refpectively, touching 

the 
I This fedion, fo far as refpedb horfes, repealed by act. of 1 791, No. 447 — the reft in force. 






« 



LAWS OF GEOROIA. m -85 

if the perfon fo tolling, (of the fufficlency of which proof, A. D. 1773. 

y declared to be judges) and, upon fueh proof appearing, "No. 220. 

tnd directed to avouch or toll any horfe,- mare, gelding, To11 matters to 

Eliy, -. ae»E ^aiiie, produced to them or either of them, and in a /book to be avouching-, and 

kept for that purpofe',- (hall enter the time of fate., and the name and place of dwell- hec P a ^"Ja*^ 

ing of every feller and buyer of fuch horfe, mare," gelding, colt, or filly* burnt mark buyers, mark?! 

or other notable flefh mark thereof, and the price for which the fame, is fold,-or the &c> 
value of what may be given in exchange, and {hall, under his hand and feal, give a 
certificate of fuch entry to every perfon requiring the fame, upon the payment of 
one milling and fix-pence for his trouble therein, under the penalty of three pounds 
for every neglect or refufal of any or either of the faid toll nfafiers. 

V. And be it further enabled. That if any horfe, mare, gelding, colt, or filly, Stolen horfes, 

after the pafiW of this act fhall be ftolen, and afterwards ilia 11 be fold and toiled as *?' , fold a ^ 

. r b . ; tolled may "bt 

aforefaid, that yet neverthelefs the fale of any fuch horfe, mare, gelding, coll,' or regained bj-pfo- 
filly, fhall not take away the property of the owner from whom the fame was ftolen, chimed' in 11 
fo as a claim be made in 'fix months after the offence or felony done by the party months, 
from whom the farne was ftolen, or by his executors or adminiftrators, or by any 
other perfon of their appointment in the pari-fh where the fame horfe, mare, gelding, 
colt, .or filly, fhall be found, before any juftklte of. the peace of the faid parifh, and 
fo that,the proof be" made within forty days then next enfuing by two fulficient wit- 

, neffes to - be produced, and depofe before fuch juflice of the peace that the property 
of fuch horfe, mare, gelding, colt, of filly, fo claimed, was the property of the party 

. by and from whom fuch claim is made, and was ftolen from him or her within fix 
months nextbefore fuch claim of any horfe,mare, gelding, colt, or filly, but ihat the par- 
ty from whom the faid horfe, mare, gelding, colt, or filly was ftolen, his or her execu- 
tors or adminiftrators, fhall and may at all times after, notwithftanding any fuch fale 
en* fales, have again and enjoy the faid horfe, mare, gelding, colt, or filly, upon pay- 

'. ment to the party that fhall have in poffelTion the fame fo much money as fhall appear 
to have been paid by him or her, by a certificate from the toll matter, or, by oath be- 
- fore any juftice of the peace, that he or fhe has paid fuch value without fraud or 
collufion, any law, cu (torn, or ufage tq the . contrary notwithftanding. 

VIv And be it further enaBed, That no toll matter hereby appointed fhall toll any Toll matter not 
horfe, mare, gelding, colt, filly, or neat cattle fold, or offered for fale, by ary perfon ^' 'offet'ed^fbr 
or perfons, not being freeholders in this province, unlefs the faid perfon or perfons fale by perfons 
produce a certificate, under the hands and feals of two or more juftices of the ^'hou^cerUfi- 
peace of their refpeclive counties or parifhes where they ufually refide, of their cate of legal 
being legally pofleffed of the fame, under 'the penalty of three pounds for every po c * lon '. 
horfe, mare, gelding, colt, filly, or neat cattle, fo by him tolled. 

VII. And, in order to prevent, as much as may be, the pernicious practice of jp-enalty for un- 
unlawfully branding, marking or disfiguring of horfes and neat cattle, Be it further l ™Jfm™tl*u- 
enatledy That immediately from and after the paffing of this act, every perfon with- rifdiclion now 
in this province, who fhall be lawfully convicted of killing, or of branding, marking, JfoSa» l ?° * hljrtar 
or disfiguring the brand, or altering the brand of any horfe, mare, gelding, colt, 

A a . filly, 



> 



186 DIGEST OF THE 



A. D. 1773. filly, or neat cattle, or of driving them, or either of them 0/? '• Mr ufu ; r3i 

No. azo. or place of feeding, wantonly, and not with an intention to f 
property of fiich perfon or perfons, (except by order a 
owner or owners thereof ) upon oath of any one or more eviucm^i, before 
more juftices of the peace in any parifh within the fame, (hall, befides the damages 
otherwife recoverable by law, forfeit, for every fuch offence, a fum not exceeding 
eight pounds, to be recovered by warrant of diftrefs and fale of the offender's goods, 
under the hands and feals of fuch juftices, and be applied one half to the informer, 
and the other half for the ufe of the poor of the parifh where fuch offence was 
committed ; and, in cafe no diftrefs fhall be found whereon to levy fuch forfeiture, 
then, and in fuch cafe, the party or parties offending fhall be committed to the 
common gaol of Savannah, there to remain for the fpace of one month, and fhall 
receive fuch corporal punifhmenr, by whipping on the bare back not exceeding 
thirty-nine lafhes, as to fuch juftices fhall feem meet. 
Penalty on per- VIII. And be it further enacled, That no perfon or perfons whatever fhall order or 
tons oiaenng d; re £fc his, her, or their Have or flaves, to kill, mark, or brand, any horfes or neat 

flaves to kill, ' _ . } 

mark, &c hor- cattle, fuch perfon not being at the fame time prefent, or caufmg fome white perfon 
5, qattle » &c * to be prefent, at fuch killing, marking, or branding, nor fhall order any of his, her, 
or their flave or flaves, to drive any horfe or neat cattle from their ufual place of feed- 
ing, unlefs he, fhe, or they, fhall give fuch flave or flaves a ticket in writing for that 
purpofe, under the penalty of a fum not exceeding eight pounds, to be heard and ad- 
judged, recovered and applied, as herein is before directed, and, in cafe any flave or 
flaves fhall be found killing, marking, branding, or driving any horfe or neat cattle, 
contrary to the directions of this act, every fuch flave or flaves, being convicted thereof 
by the evidence of a white perfon, or of a flave, fhall be punifhed, by whipping on the 
bare back not exceeding thirty-nine lafhes, by order or warrant of any juftice of the 
peace before whom the fact fhall be proved. 

IX. Refpects the taking up eftrays. — Repealed by act of 1791, No. 454. 
Perfons driving ■%■• J ^ n & clv ^ ereas there are in many parts of this province gangs of wild, horfes and 
up, &c. wild neat cattle, to which, or any of which, no property can with any degree of certainty 
to proceed". De claimed or made out, and the keeping fuch horfes and neat cattle within inclofures 
for any length of time will be attended with confiderable trouble and expence, Be it 
further enatled, That in cafe any perfon or perfons fhall drive up and pen, or put ini 
any inclofure, any horfe, mare,, colt, filly, or neat cattle, that are wild, fuch per- 
fon or perfons fhall give notice thereof to any toil mailer in the parifh where the fame 
fhall happen, within ten days, after fuch driving up, under the penalty of twenty fhil- 
lings for every fuch horfe,, mare,, colt, filly, or neat cattle, fo drove up,, to be reco- 
vered, levied, and applied, as herein is before directed, and fuch toll mafter is hereby 
directed and required to fix an advertifement at the feveral places of worfhip., or at 
the courts of confeience, in fuch parifh, and, if within thirty miles of Savannah, 
then alfo in the gazette, giving notice thereof, and, where fuch wild horfes, mares,, 
eolts, filliefj. or neat cattle ace, and that any perfon. or perfons claiming any right or 
title to any fuch horfes, mares, colts, fillies, or neat cattle may view the fame, and 
claim fuch right within thirty days, and, in cafe any perfon. or perfons. fhall within, 

£uch 



LAWS OF GEORGIA. 



187 



fuch time prove his, her, or their property therein to the fatisfaction of the toll mailer, 
the fame to be delivered to him, her, or them upon paying fuch reafonable charges 
and expence for driving up and keeping fuch horfes, mares, colts, fillies, or neat cat- 
tle, as the faid toll mafter fhall direct, together with one (hilling and fix-pence for his 
trouble therein, and, in cafe of refufal of paying the fame, then fuch charge and ex- 
pence, and fees for the fame, to be levied by warrant of diftrefs and fale, under the 
hand and feal of fuch toll mafter, either upon fuch horfes, mares, colts, fillies, cr nezt 
cattle, or upon any other of the effects of fuch perfon or perfons, and, in cafe no 
owner or owners (hall appear to claim fuch horfes, mares, colts, fillies, or neat cattle, 
within the time limited by fuch advertifement, it (hall and may be lawful to and for 
fuch toll mafter to fell the fame by public outcry, and, out of the proceeds thereof, 
to pay the reafonable charges of driving up and keeping, and the remainder, after de« 
ducting his fees and charges of fale, to be applied as herein before directed. 

XI. And be it further enabled. That every horfe, mare, gelding, colt, filly, or neat 
cattle, that (hall or may hereafter be (hipped from any port in this province, (hall, 
before the fame be put on board any (hip or veflel, firft be avouched and tolled be- 
fore the comptroller of the country duties at their refpeclive ports from whence the 
fame are intended to be (hipped, who are hereby directed and required to avouch 
and toll the fame, and, in a book to be kept for that purpofe, (hall enter the time 
the fame was or were avouched and tolled, and the name of fuch perfon fo avouch- 
ing and tolling fuch horfes, mares, geldings, colts, fillies, or neat cattle, and the 
burnt mark or other notable flefh marks thereof, and the price and prices that was 
or were for the fame refpectively given, and (hall, under his hand and feal, give a 
certificate of fuch entry to the perfon or perfons fo avouching or tolling the fame, 
upon payment of one (hilling and Cix-pencefer/ing for his trouble therein, under the 
penalty of five pounds for every neglect or refufal of the faid comptroller. 

XII. And be it further enacted, That the faid book (hall be liable to be infpected 
by any perfon or perfons whatfoever, upon payment by each and every perfon or 
perfons to the faid comptroller or comptrollers the fum of nine-pence for each fearch. 

XIII. And, for the better preventing any horfes, mares, geldings, colts, fillies, 
or neat cattle, being (hipped or exported before the fame (hall be fo avouched and 
tolled as aforefaid, the mafter or commander of every (hip or veflel (hall, before the 
veflel be cleared out on board which the fame (hall be (hipped, or intended to be (hip- 
ped, be obliged to take the following oath before the comptroller of the country 
duties, that is to fay: That the manifeft of the cargo then produced contains a true and 
juft account of all the cargo ; that there is no horfe, mare, gelding, colt, filly, or 
neat cattle, on board the faid (hip or veflel, except what is mentioned and contained 
therein ; and that he doth not intend, or will take on board his veflel, before his 
departure from this province, any horfe, mare, gelding, colt, filly, or neat cattle, 
except as exprefled in the manifeft aforefaid : Whichoath the faid comptroller of the 
port where any veflel or veffels (hall clear out is hereby empowered and required to 
adminifter to every mafter or commander of any (hip or veflel, under the penalty 
of three pounds for every mafter of any fhip or veflel he (hall omit or neglect to, 
fwear as aforefaid j and every horfe, mare, gelding, colt, filly, or neat cattle, that 

(hall 



A. D. 1773. 

No. 230. 



Horfes, &c. for 
exportation t» 
be avouched be- 
fore cuftorh- 
houfe officers at 
the feveral 
ports, who fhall 
keep a book for 
that purpofe. 



Such books iia 
ble to He 
fpeded. 



in- 



How to prevent 
horfes not toll- 
ed, &c. being 
{hipped. 



i88 DIGEST OF THE 

A. D. 1773. {hall or may be put or fhipped on board any {hip or veffel, without being firft avouched 
No. 220^ and tolled as aforefaid, {hall be forfeited and fold, the one half of the monies arifmg 
from fuch fale to be for the ufe of the informer, the other to be paid into the hands 
of the public treafurer and applied as the general affembly may hereafter direct ; 
and the faid comptroller or comptrollers are hereby authorized and empowered, 
information being firft made on oath of any horfe, mare, gelding, colt, filly, or neat 
cattle, being put on board any fhip or veffel without being avouched and tolled as 
aforefaid, to go and enter on board fuch fhip or veffel in the day time, and make 
fearch in all parts thereof, and all and every horfe, mare, gelding, colt, filly, or 
neat cattle, therein found, and not avouched, tolled, and entered, with the faid 
comptroller or comptrollers as aforefaid, to take, feize, drive, and convey away, 
and if any perfon or perfons whatfoever fhall refift or oppofe the faid comptroller or 
comptrollers in the due execution of this a£t, every fuch perfon fo offending fhall 
forfeit and pay the fum of twenty pounds : All which faid fines and forfeitures to 
be fued for and recovered by action of debt, bill, plaint, or information, in any court 
of record in this province wherein no effbign, privilege, or wager of law, or any 
more than one imparlance, fhall be allowed ; and that the fines and forfeitures be 
difpofed of as herein before mentioned. 
Continuance of XIV. And be it further enafied, That this act fhall continue and be in force for 
this aft. anc | during the term of two years from the pa fling thereof, and from thence to the 

end of the next, feffion of the general affembly, and no longer.* 

WILLIAM YOUNG, Speaker. 
JAMES HABERSHAM, Prefdent, 
James Wright- 
September 29, 1773. 
* This aft is perpetuated by aft of 1783, No. 279. 

No. 22£.. An Act to empower the commiffioners therein named to leafe to. the 3 ift of December next* 
and then to put up to fale for the benefit of the public, the jerry over Great Ogechee river 
for a term of years, and to authorize the faid commiffioners to infpecl and regulate the 
faid ferry. 

September 29. 
Veiled in Wade Hampton and fames Gun, Efqrs. to build a bridge by ordinance of 1790, No. 43d- 

2>to. %%\, An Acl to empower the commiffioners of the general loan tofiamp, re-imprint, fign, and 
ifue paper bills of credit, to the amount of £ $20 Jlerling being in lieu of that fum. 
received by them, as inter efil money unappropriated (the bills of which are obliterated and 
decayed) by virtue of an ac7 r entitled " An AB for ft am ping, imprinting, ijfuing and. 
making current the fum of ^7410 in paper bills of credit, and for applying andfinking 
the fame ,• and for appropriating the faid fum of £ 520 in aid of the general tax for the- 
ft r vice of the year 1773 ; ctnd alfo to re-imprint ', fg» s and ifue the further fum of 
^73, for other purpofes therein mentioned, 
September 29, 
Qbjakie^ Si: 



LAWS OF GEORGIA. 1S9 

An Ail for granting to his majefy the fum of £^99> and for empowering the coinmif- A. D. 1775,. 
/toners therein named to ft 'amp, imprint, fign, and iffue paper certificates, to the amount No - aa 3- 
of the faid fum, for the ufes and purpofes therein mentioned. 

September 29* 

Obfolete* 



■f An Acl to continue the fever al lavus therein mentioned, and for vefl- No. %%$, 
ing fever al ferries in the perfons mentioned in an acl, entitled " An 
Acl for efiablifloing fever al ferries in this province in the perfons 
therein mentioned" 

WHEREAS feveral wholefome laws of this province are expiring, and it is 
expedient that they fhould be further continued, Be it enabled, That an atl An- ad for t%& 
pafled the twenty-feventh of March, one thoufand feven hundred and fifty-»nine, for - m ^ e % n &£ : * ' 
the better regulating taverns, punch houfes, and retailers of fpiritous liquors, and punch houfes, 
further continued by an adl, pafled the fourth of March, one thoufand feven hundred Mw-ch i-ro- 
and fixty-two, and again continued by an acl: pafled the tenth May, one thoufand 
feven hundred and feventy, and to the end of the next fefllon of the general afiem- 

And alfo that an additional acl, pafled the twenty- fifth day of March, one thou- And alfo an ad- 



fand feven hundred and fixty-nve, to an acl;, entitled, An acl for the better regu- rational ad! to 

1 1 r 1 -i r r ■ • i- i • i the laid aft paff- 

lating taverns, punch homes, and retailers of fpiritous liquors, which was to con- e d 25th March, 

tinue and be in force for four years, and further continued by an acl pafled the tenth l T®S- 

day of May, one thoufand feven hundred and feventy, and to the end of the next 

feflion of the general aflembly : And alfo an acl, pafled the eleventh day of April, a* aft&rrega- 

one thoufand feven hundred and fixty-eight, for regulating theaflize of bread, which laung- the aiiize 

,.. r fc- t ,ri 1 ir.-L of bread, pafitd 

was to continue and be m force for three years, and from thence to the end or the 3It h April, 

next feflion of the general aflembly, and no longer: And alfo ah acl, pafled the I ^ i8 - 

twenty-feventh day of March, one thoufand feven hundred and fifty-nine, to prevent vent m L a (> ers f 

mafters of veffels from carrying off oerfons in debt from this province, which was veffdsfcpi car- 

1 •• c r 1 » r 1 rr i r 1 i • i ryinEJ off per— 

to continue and be in force for the two years from tne palling thereof, and which was f ons t \ A debt, 

amended and further continued by an acl, entitled, An act to amend an acl to prevent P a T ffcd T a ' th 

; ; , . . , March, i/59> 

mailers of veffels from carrying off perfons in debt from this province, pafled the 
firll day of May, one thoufand feven hundred and fixty, which was to continue and 
be in force for the term of three years from the palling thereof, and from thence to 
the end of the then next feflion of the general aflembly, and again continued by an. 
acl pafled the twenty-ninth day of February, one thoufand feven hundred and fixty- 
four, and further continued the twenty-fifth day of March, one thoufand feven: 
hundred and fixty-five, to the firil day of November, one thoufand feven hundred: 
and feventy,. and from thence to the end of the next feflion of the next general aflembly,, 

and; 

* See aft of 1777, No, 236, declaring the lawsr of EE-gland and the province to be in. force under, certain. 
Seflriftions, 



i 9 o DIGEST OF THE 

A. D. 1773. and no longer : And alio an aft, paffed the twenty-ninth day of February, one thou- 
No. 224. {m\& feven hundred and fixty-four, for the punifhment of vagabonds and other idle 
punifhment 'of anc * diforderly perfons, and for erecting prifons or places of fecurity in the feveral 
vagabond, and parifhes of this province, and for preventing trefpaffes on lands of the crown, or 
diforderly per^ lands referved for the Indians, and the more effectual fuppreffing and punifhing per- 
fons, &c. paffed f ons bartering with the Indians in the woods, which was to continue and be in force 
i 7 6 4 ' for the term of two years, and further continued by an act paffed the twenty-fixth 

day of March, one thoufand feven hundred and fixty-feven, and again continued by 
an act paffed the tenth day of May, one thoufand feven hundred and feventy, and 
An aft to fop- to the end of the next feffion of the general affembly : And alfo an aft, paffed the 
prefs lotteries twenty-ninth day of February, one thoufand feven hundred and fixty-four, to fupprefs 

and prevent o- / ' J* _ ,'''■'■ ' rr 

ther exceflivc lotteries, and prevent other exceffive and deceitful gaming, which was to continue and 

earning paffed ^ e m ^ orce ^ or the fp ace °f feven years, and to the end of the next feffion of the 

29th February, general affembly : And alfo an additional aft, paffed the twenty-fifth day of March, 

And the addi- one thoufand feven hundred and fixty-five, to an act:, entitled, An act to fupprefs 

tional aft paff- lotteries, and prevent other exceffive and deceitful gamine, which was to continue 

ed the 25th . 

March, 1765. an ^ be in force for the fpace of fix years, and to the end of the next feffion of the 

An aft to pre- general affembly : And alfo 7m aft, palled the eleventh day of April, one thoufand 

yent the, Spread- feven hundred and fixty-eight, to prevent, as much as may be, the fpreading of the 

pox, paffed nth fmall pox in this province, which was to continue and be in force for the term of three 

Apni 1768. years, and to the end of the next feffion of the general affembly : And alfo an aft, 

vent perfous paffed the feventh day of April, one thoufand feven hundred and fixty-three, to pre- 

throwingballaft y eti t perfons throwing ballaft or rubbifh, or falling trees, into the rivers and navigable 

or rubbifh into r ° ' b ' 11 

the rivers, &c. creeks within this province, and for keeping clear the channels of the fame, which 
i'767 Apnl was t0 contmue an< i De m force for the fpace of feven years, and to the end of the 
Aft to amend next feffion of the general affembly : And alfo an aEl to amend the faid act, paffed 
ifcfl*/*****^' tne twenty-fifth day of March, one thoufand feven hundred and fixty-five, and to 
March, 1765. the end of the next feffion of the general affembly : And alfo an aft, paffed the 
vcnt&a" t d- Pre I twenty-fifth day of March, one thoufand feven hundred and fixty-five, to prevent 
abufesinadmea- frauds and abufes in the admeafuring and laying out his majefty's lands in this pro- 
in" out^his ma- vmce j which was to continue and be in force for the fpace of three years, and again 
jelly's lands, continued by an act paffed the eleventh day of April, one thoufand feven hundred 
March, 1765. ant * fixty-eight ; and further continued by an act paffed the tenth May, one thoufand 
feven hundred and feventy, and to the end of the next feffion of the general affem- 
Anafttoamend bly : And alfo an aft, paffed the twenty-fifth day of March, one thoufand feven 
tie aft to pre- nun d rec l ant i fixty-five, to amend an act, entitled, An act to prevent private perfons 
perfons from from purchafing land from the Indians, and for preventing perfons trading with them 
From'^the^nd''- without licenfe, which was to continue and be in force for three years, and from 
ans, paffed 25th thence to the end of the then next feffion of the general affembly, and no longer, 
V 1 s ' and further continued the eleventh day of April, one thoufand feven hundred and 
and fixty-eight; and again continued by an act paffed the tenth day of May, one 
thoufand feven hundred and feventy, and to the end of the next feffion of the general 
affembly : And alfo an aft, pafied the fixth day of March, one thoufand feven hun- 
dred 




L A W S O F GEORGIA. 191 

reel andNfixty -fix, for punifliing feamen and mariners neglecting or defertlng their A. D. 1773. 
duty on board their refpective fhips or veflels, and for preventing fearnen or mari- "*' 
ners from being harbored or running in debt, which was to continue and be in force j^"^ f^m" 
for and during the term of three years j and further continued by an act pafled the and mariners 
tenth day of May, one thoufand feven hundred and feventy, and to the end of the defer/ting theis 
next feffion of the general aflembly : And alfo an aB pafled the twenty-feventh day ^ ty 'f afied ^ th 
of February, one thoufand feven hundred and feventy, for the better fecurity of the An aft to oblige 
inhabitants, by obliging the male white perfons to carry fire arms to all places of the male white 
public worfhip, which was to continue and be in force for and during the term of fire arms t© pis- 
three years, and to the end of the next feffion of the general aflembly : And alfo ces ° f public 

■',, r-n/ri 1 r" 1 r 1 x r r WOrihip, paffed 

an aB palled the fixth day 01 March, one thoufand leven hundred and hxty-fix, to 27th February, 

prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine, and fire wood,. I77 °' 

which was to continue and be in force for and during the term of three years, and fur- vent frauds and. 

ther continued by an act paffed the tenth day of May, one thoufand feven hundred and dec "tsm .felling 

feventy, and to the end of (he next feflion of the general aflembly : And alfo an aB paffed 6th 

pafled the fixth day of March, one thoufand feven hundred and fixty-fix, to amend j^a^' l/^f' 

an act for the better regulating the town of Savannah,, and the common thereunto ter regulating 

belonging ; and alfo to authorize and empower the church wardens and veftry of the the t0 . wn °j ^ a " 

o o ' .'■'"«* vannah and the 

parifh of Chrift church to appoint a beadle for the purpofes therein mentioned ; and common, paffed 
further continued by an act pafled the tenth day of May, one thoufand feven hun- jL^ March '' 
dred and feventy, and to the end of the next feflion of the general aflembly : And 
alfo an aB. pafled the twenty-fixth day of March, one thoufand feven hundred and Ana ^ t0 rc g Ui - 
fixty-feven, to regulate the making of cyprefs, oak, and pine lumber, ftaves and of cyprefs, oak, 
fhingles, and to afcertain the quality thereof, which was to continue and be in force and £! ne h ^7 
for and during the term of two years, and further continued by an act pafled the 26th March, 
tenth day of May, one thoufand feven hundred and feventy, for one year,, and to I7 7 ' 
the end cf the next feffion of the general aflembly : And alfo an aB y pafled the An aft to pre- 
twenty-fixth day of May, one thoufand feven hundred and fixty-feven, to prevent ; n J i nt0 ' a nd 
the bringing into and fpreading of malignant and contagious difterapers in this pro- fpreading. ma- 
vinee, to oblige mailers or commanders of veflels going out of^ any port within the pers^paffedzfittii 
fame firfl. to produce a paflport from the governor or commander in chief, to prevent Ma ) r ' 1 7 6 7; 
the harboring of fick failors and others, and for the regulating and well ordering of the 
lazaretto on the iftand of Tybee, which was to continue and be in. force for and dur- 
ing the term of two years, and further continued by an act pafled the tenth day of 
May,, one thoufand feven hundred and feventy, for one year : And alfo an act, enti- 
tled, an aB to amend the /aid aB. pafled the tenth day of May, one thoufand feven And ~ an a(ft ^ 

, •_ ■ ' ■■ ■' amend the faid 

hundred and feventy, and to the end' of the next feflion of the general aflembly : a <5t,.paflid 10th 

And alfo an aB, pafled the feventh of April, one' thoufand feven hundred and fixty- May, 1770. 

three, for regulating a work houfe for the cuftody and punifhment of negroes,, and gulatin^a work 

further continued by an act, entitled, An act to amend and continue an act for rep-u- h°"fe puffed 7th. 

; . ° April, 1/63; 

lating, a work houfe for the cuftody and punifhment of negroes, paffed the twenty • and act to (U 

fixth day of March, one thoufand feven hundred and fixty-feven, for three years,. j?f?| ^ c f "" d " 

and to the end of the next feflion of the general aflembly : And alfo an aB-, pafled &&., paffed i(ah> 

the March ' nH " 



UJZ 



A.D. 1773. 

No. 224. 
An a& far efta- 
blifhing and re- 
gulating-patrols, 
paflediSth No- 
veinbcr, ljuj. 



DIGEST OF THE 



Act to amend 
andcoutinue the 
i.rid act, paffed 
2 -}th December, 
17.08. 



An act to direct 
executors and 
adininiftrators 
in the method 
of returning in- 
ventories, &c. 
paffed 29th Fe- 
bruary, 1794. 

An act for hold- 
ing fpecial or 
extraordinary- 
courts of com- 
mon pleas, paf- 
fed 7th April, 



An act to pre- 
vent fraudulent 
mortgages, &c. 
paffed 24th Dec. 
1768. 

Continued for 
the time herein 
mentioned. 



Act for eftab- 
lifhing feveral 
ferries, and for 
veftingtlie fame 
in certain per- 
fons— the pro- 
perty thereof 
vefted in them 
for one year 
fonar.er. 



the eighteenth day of November, one thoufand feven hundred and fixty-five, for the 
eftablifhing and regulating patrols, and for preventing any perfon from purchafing 
provifions or any other commodities from, or felling fuch to any fiave, unlefs fuch 
Have fhall produce a ticket from his or her owner, manage);, or employer, which was 
to continue and be in force for and during the term of three years, and further con- 
tinued the twenty-fourth day of December, one thoufand feven hundred and fixty- 
eight ; and again continued by an act paffed the tenth day of May, one thoufand 
feven hundred and feventy, and to the end of the next feflion of the general affembly : 
And alio cm ac7, paffed the twenty-fourth day of December, one thoufand feven 
hundred and fixty- eight, to amend and continue an act for the eftablifhing and regu- 
lating patrols, and for preventing any perfon from purchafing provifions or any other 
commodities from, or felling fuch to any flave, unlefs fuch Have fhall produce £ 
ticket from his or her owner, manager or employer, which was to continue and be 
in force for and during the term of one year •, and further continued by an act paffed 
the tenth of May, one thoufand feven hundred and feventy, and to the end of the 
next feffion of the general affembly : And alfo an atl, to direct executors and admi- 
niftrators in the manner and method of returning inventories and accounts of their 
teftators and interlaces eftates, and for allowing them, and all other perfons who fhall 
or may be entrufted with the care and management of minors and other eftates, to 
charge commiffions thereon, paffed the twenty-ninth of February, one thoufand 
feven hundred and fixty-four, for feven years, and to the end of the next feffion of 
the general affembly : And alfo an atl for holding fpecial or extraordinary courts of 
common pleas for the trial of caufes arifing between merchants, dealers, and others, 
fhiprnafters, fupercargoes, and other tranfient perfons, paffed the feventh day of 
April, one thoufand feven hundred and fixty-three ; and alfo an amendment thereto, 
paffed the fixth day of March, one thoufand feven hundred and fixty-fix ; and further 
continued by an act paffed the twenty-fixth day of March, one thoufand feven hun- 
dred and fixty-feven, for three years, and to the end of the next feffion of the general 
affembly : And alfo an acl, paffed the twenty-fourth of December, one thoufand 
{even hundred and fixty' eight, to prevent fraudulent mortgages, and conveyances, 
and for making valid all deeds and conveyances heretofore made with refpect to any 
defect in the form and manner of making thereof, with certain reftrictions, which 
was to continue and be in force for and during the term of three years : Shall feve- 
rally and refpectively continue and be in force for and during the term of one year 
from the pairing of this act, and from thence to the end of the next feffion of the 
general affembly, and no longer. 

II. And whereas by a certain act, paffed the eleventh day of April, one thoufand 
feven hundred and fixty-eight, entitled, " An atl for eftablifhing feveral ferries in this 
province, and for vetting the fame in the perfons therein named," the faid feveral 
ferries are vefted in the feveral perfons in the faid act named for the term of five 
years only : And whereas the property of the faid feveral ferriers in fuch ferries did 
determine on the eleventh day of April laft, Be it therefore enabled, by the authority, 

qfofefdidj 






LAWS OF GEORGIA. 



19 



-> 



aforefaid, That the feveral ferries in the faid act mentioned fhallbe refpectively vetted A. D. 1773' 
in the feveral perfons in the faid a£t named for the fpace of one year from the patting No - 22 4* 
of this a<5t. 

WILLIAM YOUNG, Speaker. 
JAMES HABERSHAM, PrefidenU 
m James Wright. 

September 29, 1773. 

An AB for fettling and afcertaining the fees to be taken by the feveral public officers and No. 225. 

perfons herein after mentioned. 
t September 29. 
Obfolete. 



An AB for granting to his majefy the fum of f8oo, and to appoint and empower com- No. 226. 
miffwners to f amp, imprint, fign, and iff ue certificates to the faid amount, and for fink- 
in g the fame. 

March 12, 1774. 
Obfolete. 



A. D. 1774. 
An AB to empower certain commiffioners, herein appointed, to regulate the hire of porters, No. 227. 

and labor of faves, in the town of Savannah. 

Obfolete See corporation aS of 1789, No. 430^ 



An AB to of certain the boundary line between the two courts of confcience, in the parifh No. 2 28. 

of Saint George. 
March 12. 
Obfolete. 

An Acl to oblige the planters of indigo, after Jleeping the 'weed, to No. 229. 
bury or defray it ivithin a limited time, 

WHEREAS it has been reprefented by feveral perfons concerned in planting Preamble, 
and making indigo, that many pernicious effect's arife from the number of 
flies which are engendered by leaving the weed, after having been fteeped, to rot 
above ground ; Be it therefore enaBed, That immediately from and after the patting Ena&ed. 
of this acl:, all perfons who may be concerned in the planting and making; of indigo, Indi g° weed af- 

n » r 1 1 1 1 n , , , r r i ter being fteep- 

lhall, after the weed has been lteeped and taken out or any vat or vats, caule the e d to be buried* 
fame to be buried at leaft two inches under the furfacc of the earth, or ctherwife ! n f °«y-eigh.R 

hours. 

effectually deflroyed within forty-eight hours after fuch weed has been taken out of 
any vat or vats as aforefaidi 

B. b • IL 



194 DIGEST OF THE 

A. D. 1 774' II. And he it further enabled by the authority afore/aid. That if any pcrfon or perfons 

No. 229. planting and making indigo, {hall negle£l to caufe the weed, after fteeping, to be 

Perfons failing buried or otherwife effectually dettroyed within forty-eight hours after the fame has 

to bury or other- J ; rr ., rl J& r .._,,. 

wife deftroy the been taken out or any vat or vats as aroreiaid, iucn perfon or perlons 10 offending 
fame to forfeit ^^jj f or £ e it and pay for every fuch offence, the fum of five pounds flerling, to be re- 
covered as directed by an aft, entitled " An act for the more eafy and fpeedy re- 
covery of fmall debts and damages ;" and fuch acts of alfembly and parts of acts of 
aifembly as have been made to explain and enlarge fuch act. 
Forfeitures how HI. And be it further enabled, That one half of fuch forfeiture (hall be paid to the 
applied. perfon or perfons who (hall fue for the fame, and the remaining half to the poor of 

the parifh where any fuch offence fhall be committed. 
Continuance of IV. And be it further enabled by the authority aforefaid, That this act fhall be and 
this ad. continue in force for two years from the paffmg thereof, and from thence to the end 

of the then next feffion of the general alfembly, and no longer.* 

WILLIAM YOGNG, Speaker. 
JAMES HABERSHAM, Prefdent. 
James Wright. 
March 12, 1774. 

* Further continued by ads of 1777, No. 236 — 1778, No. 2J7 — 1781, No. 262 — and ^ er P e tuated by ad 
of 1783, No, 279. 

n©. 230. An Ati to regulate the 'wharves and Jhipping in the feveral ports of 
this province, and afcertaining the rates of ivharfage, of fhipping 
and florage, and alfo the duty of an harbor mafler for the port of 
Savannah^ and to authorize the f aid harbor mafler to put in force 
an acl, entitled " An Acl to amend an acl to prevent perfons throw- 
ing ballafl or rubbifh or falling trees into the rivers and navigable 
creeks ivithin this province, and for keeping clear the channels of 
the fame." 

Preamble. "Ik^C /"HER-EAS the increafe of trade, and quantity of produce brought for fale 

^V to the feveral ports of this province, require a regulation in the rates of 

v/harfage and florage, and the number of veffels reforting to the faid ports, and in 

particular to the port of Savannah, makes it neceffary to have fome perfon appointed 

Enaded. to overlook and regulate fuch veffels while in the faid port ; Be it therefore enabled. 

Rates of wharf- That from and immediately after the paifing of this act, the feveral owners and 

age * occupiers of wharves in the feveral ports of this province fhall be allowed to charge, 

demand and receive the feveral rates herein after mentioned for the wharfage o£ 

{hipping, merchandize and florage and no more, that is to fay : £. s. d. 

For every fhip, fnow, brigantine, or bilander loading at a wharf, one 

milling and four-pence, each day. - - - 014 

For every fuch veffel lying and not loading at a wharf, two fhillings 

and eight-pence each day. - - - - 028 

For 



LAWS OF GEORGIA. r 95 

£, s. d. A° D. 1774, 

For every (loop or fchooner (coafters trading from one part of this No. 230* 

province to another only excepted) loading at a wharf, ten pence 
each day. - - - - - - 0010 

For every floop or fchooner lying and not loading at a wharf, one 

milling and eight-pence each day. - - - o I 8 

And for the ivharfage of goods landed or laden from one vejfel to another at 

any ivharf as follows : 

For every barrel or half barrel of rice or other grain, every barrel of 
turpentine, rofin, tar, beef, pork, beer, cyder, fmall barrels of 
bread and barrels of the like fize of any other goods, dry goods 
excepted, one penny. . - - - - 001 

For every barrel, calk, box or other package of indigo,, two pence. 00 2 

For corn, peas, oats, and other grain not in barrels landed or taken 
from any veflel by any other veflel lying at a wharf, and for fait 
landed or loaded on board any other veflel, for every one hundred 
bufhels, one (hilling. - - . - -010 

For every thoufand feet of inch, three quarter inch, and feather- edge 
boards, and in proportion for plank, timber, and oars reduced to 
inch meafure landed or taken in from veflels or rafts by any veflel 
lying at a wharf, one {hilling. - - - 010 

For every thoufand of fhingles, and canes, landed or taken in from 

boats or rafts, fix-pence. - - - ■> o o 6> 

For every thoufand of barrel heading and barrel Haves landed or taken 

in as is above mentioned, nine-pence. - - 00 9, 

For every thoufand of hogfliead (laves, heading or hoops, one (hilling. 01 o 

For every thoufand of pipe (laves, and handfpikes, one (hilling and fix 

pence. - - - - - -016 

For every thoufand of butt (laves, two (hillings. - - 020 

For every cord of (ire wood, four-pence. - - - 004 

For every cord of tanners bark, four-pence. - - - 004 

For every thoufand of bricks or hearth-tiles, fix-pence. - - 006 

For every article herein before enumerated that (hall lay longer than 
one week upon any wharf, the whole wharfage before rated each 
week. 

For every tierce of (hip bread, hogfliead of wine, and other goods in 
hogfliead and tierces of about fixty-three gallons,- one penny 
half-penny. - - - - - 00 r|~ 

For every hogfliead of rum, pipe of wine, and other goods in hogflieads 

and pipes of about one hundred and twenty gallons, three-pence. 00 3 

For every hpgftiead of fugar of one thoufand weight and under, four- 
pence. - - - - -004 

For every hogfliead of fugar of above one thoufand weight,fix-pence. 00 6 

For 



196 DIGEST OF THE 

A. D. 1774. £ m Sm & 

No. 230. For every one hundred weight of hemp, one penny. - - o o i 

For every ton of logwood, fuftick, lignumvitse, or brafiletto landed or 
loaded from any veffel at any wharf, and not lying above one 
week, fix-pence* - - - -006 

And for every week after, fix-pence. - - - 006 

For every ton of the like wood taken in by one veiTel from another lying 

at a wharf, three-pence. - - _'•<•.. 003 

For every hundred feet of mahogany, and other heavy wood, account- 
ing inch meafure, that fhall not lay longer on a wharf than one 
week, one penny half-penny. - - - o i-j- 

For every ton of iron, and other heavy goods, four-pence. - 004 

For lime st the rate of eight-pence each hundred bufhel. - - 008 

For every large bale, hogfhead, tierce, or vat of the like fize, three-pence. 00 3 

For every cafe trunk, cafe, cheft, box, bundle, coil of cordage, or 

hamper, one penny. - - - - -001 

For every coach or other four wheel carriage, one (hilling and fix-pence. 01 6 

For every riding chair or chaife, nine-pence. - -- o o 9 

For every pot, fkillet, jug, or keg of {hot or paint not enclofed in any 

package each dozen, two-pence. - - - 002 

For every grind or quern done, one half-penny. - - o o 01. 

For every keg of bread, flour, butter, tallow, lard and fuch like arti- 
cles, four-pence each dozen. - - - * 004 

For every barrel of one hundred weight of gun powder, two-pence, 00 2 
and in proportion for fmaller barrels of the fame. 

For every ton of coals, four-pence, for every week after the firft week 

that it fhall lie on the wharf, two-pence. - - o o 2 

For every hundred of paving or Bermuda ftones, four-pence. - 004 

For every hundred of raw or tanned hides, one milling and fix-pence, 01 6 

and fo in proportion for raw or tanned fides. 

For every thoufand pounds weight, and fo in proportion for fmaller 

quantities of hay or corn blades, four-pence. - - 004 

For every other article of goods not before enumerated, at the rate of 

four-pence each ton according to weight or meafure. - - 004 

For every fpecies of goods the fame rates and allowances as for landing, 
and for the weighing of goods and merchandize, that is to fay : 

For every barrel of rice, or turpentine, weighing three hundred and 
feventy-five pounds and upwards, not exceeding feven hundred 
pounds grofs, one penny. - - - - 001 

For every tierce, barrel, or hogfhead of any kind of goods upwards 
of (tvtn hundred pounds, and not exceeding eleven hundred 
pounds (indigo excepted) - - - - 009 

For every hogfhead or calk of any kind of goods, weighing upwards 

of eleven hundred pounds, per hundred weight, - -001 

For 



• 



LAWS OF GEORGIA. 



197 



C' ■»■• 


d. 


A. D. 1774. 
Nq. 230. 


O 2 


2 




O I 


6 





i 



For every ton of fuftick, logwood, brafiletto, lignumvitse, or other 
wood, per ton weight, 

For every ton of iron or other heavy goods, - - 

For every draught of deer fkins, hemp, foreign bark, or any other kind 

of goods not weighing upwards of two hundred and fifty pounds, 00 2-J 

For every draught above two hundred and fifty pounds of fuch like 

goods, - - - - - -004 

For every draught or package above two hundred and fifty pounds 
weight, and not exceeding five hundred pounds weight, when 
more than one is weighed, - - - -005 

For every barrel, hogfhead, or other package of indigo, - - 003 

And for the forage of goods — 4hat is to fay : Ratesefftorage, 

For every barrel or other cafk or package of indigo each hundred weight, 

per week, - - - - - -0O1 

For every hogfhead, tierce, barrel, large trunk, cafe or bale of dry 
goods that fhall be put into any ftore for one or more nights, not 
exceeding one week, - - - - 005 

For every week or part of a week after the fame rate as above. 

For every fmaller cafk, box, bag, or other package of fuch goods, 

one or more nights not exceeding one week, - - 002^ 

And for every week or part of a week after at the fame rate. 

For every hogfhead of rum, pipe of wine, tierce, or hogfhead of bot- 
tled liquor, and for every hogfhead or large tierce of fugar per 
week, - - - - - - 005 

And for every week or part of a week after, - - 004 

For every whole barrel of rice, not exceeding fix hundred and fifty 

pounds grofs for the firfl and laft week, - - - o o 1-*- 

And for every intervening week per barrel, - - - 001 

For every half barrel of rice, barrel of pork, beef, bread, and other 
barrels and packages not before rated not weighing above three 
hundred and feventy-five pounds grofs for the firfl and laft week, 00 1 

And for every intervening week. - - o o Osr 

in proportion to the foregoing rates for every other article not , 

enumerated above, according to fize and weight. 
II. And whereas fome regulation is neceffary to be made with refpecl: to the moor- 
ing of fhips or veffbls at the faid wharves, and in the river before the faid town of 

Savannah, *Be it therefore further enabled^ That all veffels lying in the river Savannah Veffelslyi-ngbe- 

before the faid town, common, or hamlets of Yamacraw and the Truflees Gardens, savannah how 

and not loading at any wharf, fhall be properly moored, head and ftern, as near the t0 be moored. 

bank on the north fide of the faid river as conveniently may be, and that no veffel 

whatever not loaded as aforefaid, fhall be permitted to lie and take in her loading in 

the 

* See act of 1787, No. 366, feci. 30, refpecling the duty, &c. of a harbor mailer. 



jo8 



DIGEST OF THE 



A. D. 3774. 

No. 230. 

Harbor mafter 
to fuperinsend 
the lame. 

To employ per- 
fons to raife ca- 
bles of veffels 
lying improper- 
ly, to receive zof 
therefor, and 
enforce acl to 
prevent throw- 
ing baliaft, rub- 
bifh, &c. into 
the rivers and 
navigable 
cteeks. 



Matters of vcf- 
fcls throwing 
baliaft into the 
river Savannah 
how to be pro- 
ceeded aeainfi.. 



Harbor mafter 
to give due no- 
tice thereof. 



Mafters of vef- 
l'els failing to 

comply with the 
regulations of 
this a 61 to for- 
feit £ ioo. 

Harbor mailer 
to infpect the 
wharves, and 
profecute of- 
fenders. 



To decide dis- 
putes between 
mafters of vef- 
fels and wharf- 
ingers. 

To examine and 
regulate the 

public landings. 



the middle of the faid river on any pretence whatfoever ; and that the harbor mafter 
of the faid port of Savannah, do from time to time give notice to any mafter of a 
veffel who fhall not comply herewith, and upon his refufal or neglect, fhall proceed 
againft the offenders as hereinafter is directed. 

III. And be it enaBed by the authority aforefaid, That in cafe any veffel properly 
moored in the faid river and within the limits above mentioned, fhall be overlaid by 
the cable of any other veffel except in fqualls or {forms of wind, the mafter or com- 
mander of the veffel fo overlaying, fhall upon application made to him by any perfon 
belonging to the veffel fo overlaid, raife his anchor and moor properly, and in cafe 
of his refufal fo to do, it fhall be lawful to and for the harbor mafter to employ men 
and boats to raife fuch anchor at the expence of the party refuting, who fhall likewife 
pay the faid harbor mafter one pound for his trouble therein, and the faid harbor 
mafter is hereby authorifed and required to put in force the act, entitled " An act 
to amend an acl; to prevent perfons throwing baliaft or rubbifh or falling trees into 
the rivers and navigable creeks within this province, and for keeping clear the chan- 
nels of the fame." 

IV. And whereas mafters of veffels do frequently difcharge their baliaft in the river 
Savannah before they come up to the town, under pretence of lightening their veffels, 
Be it enaBed by the authority ajorefaid, That any mafter of a veffel fo difcharging his 
baliaft contrary to the direction of the above mentioned acl, entitled " An Acl: to 
amend an act to prevent perfons throwing baliaft or rubbifii or falling trees into the 
rivers and navigable creeks within this province, and for keeping clear the channels 
of the fame, fhall be proceeded againft and be liable to the feveral penalties as directed 
in the faid act ■" and the harbor mafter is hereby required to give information upon 
oath, to the chief juftice or one of the afliftant juftices of the general court of this 
province, as foon as the fame fhall come to his knowledge of all and every offence or 
offences that fhall be committed againft the faid before recited act. 

V. And be it further enacted, That all, and every mafter and mafters of veffels wha 
fhall neglect or refufe to comply with the feveral regulations of this act not provided 
for by the acts to prevent perfons throwing baliaft or rubbifh or falling trees into the 
rivers or navigable creeks, fhall forfeit and pay the fum of one hundred pounds, to be 
recovered and applied as herein after is directed. 

VI. And be it further enaBed, That the faid harbor mafter fhall,, from time to time 
infpect the feveral wharves erected tsc to be erected j and in cafe any owner, occu- 
pier, or leffee, fhall have offended againft this act, and upon notice thereof to him 
given, fhall not comply therewith, the faid harbor mafter is hereby directed to pro- 
ceed according to the directions herein mentioned and ex-preffed. 

VII. And be it further enacted, That all difputes and differences which may arife 
between mafters of veffels, or wharfingers, relating to the hauling in or hauling off o£ 
any fuch veffel to or from any wharf or wharves or in mooring fuch veffel, fhall be 
referred to and immediately decided by the faid harbor mafter, 

VIII. And be it further enaBed, That no vacant fpace of public landing under the 
bluff of the town of Savannah, at the end of or oppofite to any ftreet, fhall be incum- 
bered- 



LAWS OF GEORGIA. r 99 

i 

bered with any lumber or thing whatfoever, on pain that fuch lumber or thing what- A. D. 1774* 
foever, fo incumbering any public landing as aforefaid, mall be forfeited, feized on, No - a 3°« 
and fold by the harbor mailer, if not removed in twenty-four hours after notice fhall 
be given by the faid harbor mafter to the owner or the perfon who fhall have the 
charge of fuch lumber or other thing, or who fhall have incumbered or caufe to be 
incumbered any fuch public landing therewith, and the monies arifmg from the fale 
of any fuch lumber or thing whatfoever, after deducting the charges of feizing and 
felling the fame fhall be applied in manner hereinafter directed. 

IX. And be it further enabled, That the faid harbor mafter fhall, before he enters Harbor mafter 
upon the execution of his office take and fubfcribe the following oath, before one of t0 be fworn « 
the juftices of the peace for the parifh of Chrift church, who is hereby empowered 

to adminifter and give a certificate of the fame, to wit : " I, A. B. do folemnly His oath, 
fwear, that I will to the belt of my fkill, knowledge, and ability, without partiality 
or prejudice, execute the office and perform the duty of harbor mafter in the town 
and port of Savannah, as directed in and by an a£t t)f the general aiTembly, entitled 
* An act for regulating and afcertaining the rates of the wharfage of fhipping, mer- 
chandize, and ftorage in the feveral ports, and the duty of an harbor mafter for the 
port of Savannah ;' and that I will alfo put in force another act of the general affem- 
bly, entitled * An act to amend an act to prevent perfons throwing ballaft or rubbifh, 
or falling trees into the rivers and navigable creeks within this province, and for 
keeping clear the channels of the fame -,' according to the power vefted in me by the 
before recited act, and that I will perform the faid duty without delay, and put the 
faid act in full force and effect, according to the tenor and meaning thereof, and 
directions to me therein given. So help me God." and the faid harbor mafter is 
hereby authorized to receive from the mafter or commander of every veffel coming 
into the port of Savannah, the fees following, that is to fay, For every fhip, fnow, His feci 
brigantine, or bilander, the fum of five fhillings, and for every floop or fchooner, 
(coafters trading from one part of this province to another only excepted) the fum of 
three fhillings. 

X. And be it further enaffed, That all the penalties hereby inflicted, or forfeitures Fines and for- 
hereby declared, under the fum of eight pounds fhall be recovered by warrant of u ""^covered* 
diftrefs and fale of the offenders goods, under the hands and feals of any two juftices and applied. 
of the peace for the parifh of Chrift church, and before whom proof thereof fhall juftTces^wVc- 
be made by the faid harbor mafter, and where the fame fhall amount to more than itri&ed to thir- 
eight pounds, the faid harbor mafter is hereby enabled to fue for and recover the %& ° f a j" 797j 
fame in any court of record in this province, by action of debt, bill, plaint, or in- No, 58a.) 
formation, and that this act fhall be taken in evidence without fpecial plea, and the 

faid penalties and forfeitures when recovered, to be paid to the public treafurer, and 

applied as the general affembly fhall hereafter direct ; and if any perfon fhall be fued 

for any act, matter, or thing, done in purfuance thereof, that this act, and the fpecial P eD f ra l]f^-f t0 

matter thereof fhall be given in evidence on the general iffue, and upon fuch fuit 

being difcontinued, or judgment paffing againft the plaintiff therein, the defendant 

fhall recover double cofts, 

XL 



200 DIGEST OF THE 

A. D. 1774* XI. And be it further enaBed, That the clerk of the market fhall, once in every 

i o. 2^,0. three months, examine all fcales, weights, and meafures, ufed on the wharves, and 

and meafures ' taat ^ e fame be agreeable to the flandards* in his care, and in default thereof, {hall 

howtoberegu- forfeit and pay into the hands of the commiffioners of the market of the town of 

fated. (Nowun- r .. ,• 

der direction of oavannah, a fum not exceeding two pounds, to be applied as herein before is 

the corporation direded. 
or Savannah. 

Seeaclof 1789, XII. And, in order to prevent frauds and deceits being committed in the weighing 
43 N of rice and other commodities, Be it enabled, That every wharfinger or any other 

Wharfingers to perfon employed by him, fhall, previous to the undertaking fuch bufinefs, be fworn 
before any of his majeily's juftices of the peace within the faid province, faithfully to 
execute the fame, and {hall weigh the faid enumerated goods, and deliver an exact 
and true account of all goods by him weighed, to the parties if required j and in cafe 

Perfons having any perfon or perfons fhall be found to have falfe weights or meafures, and under the 

forfeir^io! 5 10 *- aic * fl- an dard, every fuch perfon or perfons fhall forfeit and pay the fum of ten pounds 

for every fuch offence, to be recovered as herein before is dire£ted.f 

WILLIAM YOUNG, Speaker. 

JAMES HABERSHAM, Prefidcnt.. 
James Wright. j 

March 12, j 7 74. 

* The ftandard of weights and meafures is to be fixed by Congrefs. 
f Perpetuated by act of 1783, No. 279. 

No. 231. An A el declaring that to murder any free Indian in amity 'with this 
province is equally penal 'with the murdering of any white perfon* 
and that to rcfcue aprifoner committed for fuch offence is felony. 

Preamble, ""iJilf 7"HERE AS it has been reprefented that fome Indians in amity with this pro- 

y- ^ vince have been barbaroufly murdered to the great fcandal of fociety, and 

the danger of involving this province in a bloody and expensive warj and there is 

reafon to believe that feveral ill difpofed perfons have not confidered fuch inhuman 

actions in a proper light, but, being influenced by the ill grounded prejudices which 

ignorant minds are apt to conceive againft perfons differing in color from themfelves, 

and unaware of the confequences, have rather looked on thofe murders a3 merito- 

Indian'in amity rious, to difcourage therefore as much as may be fuch unchriflian like and cruel 

declared to be as practices, and to explain and fet forth the great danger thereof, It is declared, That to 

penal as tomur- r , , . ., . .,, r . 

dcr a white muraer any free Indian in. amity with this province is by the law of the land as penal 

P erfon : to all intents and purpofes whatfoever as to murder any white perfon. 
FeJonytorefcue II. And to the end that all perfons may know the confequence of refcuing any 

a pnfoner com- p r jf oner committed for the murder of any free Indian in amity with this province, 

murder of fuch It is alfo declared, That by the law of the land any perfon refcuing any fuch prifoner 

Indian. £ Q comm j tte( i [ s guilty of felony* 

WILLIAM YOUNG, Speaker. 
N, JONES. 

James Wright.. 
June ao a . 1774,. A?i 



LAWS OF GEORGIA. 201 

An Acl to prevent gaming, and horfe racing. A « l>. 1777. 

No. 23 a. 

WHEREAS the pernicious practice of gaming is carried to a great length in Preamble. 
this State to the great detriment and hurt thereof, to prevent which as much 
as may be, and to enhance the fines and penalties to be levied by feveral laws hereto- 
fore made to fupprefs, and to prevent fuch gaming : Therefore be it enabled by the Enacted. 
reprefentatives of the freemen of the State of Georgia in general affembly met, and by the f^^fj *' 
authority of the fame, That every perfon or perfons liable to penalties and forfeitures, gaming. 
as are pointed out in the faid acts, (hall be further fubjedt to be fined in the following 
fums, that is to fay, every perfon keeping a billiard table, with intent to game or f yJjjJfSffif 
lofe money or other things, the fum of one hundred pounds. All perfons licenfed to game, to for- 
to keep public houfes or other houfes where liquor is fold, fuffering any game know- i"enfed°by °dt 
ingly to be played for money or other things to be loft or won by any perfon or perfons of 1791, No. 
whatever, in the houfe, yard, apartment, ground or inclofure of the faid perfon or Licenfed tavern 
perfons, fo keeping public houfes, or other houfes, either by cards, dice, draughts, keepers fuffer- 
fhufHe boards, billiards, {kittles, ninepins, or at, and with any other game or games, "o| a mJfor mo- 
or implements of gaming, fhall, for every fuch game, fo played as aforefaid forfeit ney or other- 

^A „ -a- t- r e j thing to forfeit 

and pay upon conviction the fum of twenty pounds. £ 2Qm 

II* And be it enabled by the authority aforefaid, That every perfon or perfons who p er fons racing 

mail run or caufe to be run any race by any horfe, mare, or gelding in this State for, for m ° n ^' ^ 
or by reafon or means of gaming or of lofing money, or other things by the faid 
race, fhall for every fuch offence forfeit and pay the fum of one hundred pounds. 

III. And be it further enabled by the authority aforefaid, That all fines and penalties Forfeitures un- 
heretofore ordered to be levied on the offenders againft the aforefaid acts of affembly m C 7a£ts in force 
now in force in this State, and alio the fines, penalties and forfeitures directed by againft gam igg 
this act, fhall be recovered and appropriated in like manner as is directed and pointed t0 be recovered 
out by the faid acts of affembly, -any thing to the contrary in any wife notwith.- a11 ^ t a ^ pl 1 ^ b a -, s 
Handing. thofeatfs. 

IV. And be it enabled by the authority aforefaid, That this act fhall continue and be Continuation, 
in force until the firft day of January, one thoufandfeven hundred and feventy -eight, 

and from thence to the end of the next feffion of affembly.* 

N. W. JONES, Speaker. 
Savannah, June 7, 1777. 

* Revived and continued by act of 1781, No. 263, and perpetuated by act of 17S3, Nz>. 279. 



An Act to enforce the colleblion of arrears due from perfons keeping taverns, punch houfes, No. 233, 
■and billiard tables, and retailers of fpiritous liquors in this State ,• and to amend the 
feveral akls heretofore paffed for regulating taverns, punch houfes and retailers of fpiri- 
tous liquors, 

June 7, 1777. 

Repealed by ad of 1 79 1, No. 459* 

C G •<*** 



202 DIGEST OF THE 

A. D. 1777. An Ail to amend the feveral acls for regulating the pilotage of veffels into the feveral ports 
No. 234. of the then Province, mow State of Georgia. 

June 7, 1 77 7. 
This aft tvas made to continue in force only for one year, and until the end of the next fejjion, 
and has not been continued or revifed. 

No. 235. ^ u d-3 to difcotirage defertion^ and to punijh all fuch perfons as \fhatl harbor or conceal 

deferters. 
June 7, 1777. 

Ohfoktt. 

:No. 236. j£ n jifl. tQ ex i enc i an rf enforce the authority of the federal laws here" 
tofore paffed in the then province, but now State of Georgia, to and 
throughout the territory thereof 

Preamble. ~\\ THEREAS it has been deemed neceffary by the reprefentatives of the people 

^ V °f tne thirteen United Colonies of North America in general congrefs 
afTembled, to declare the faid colonies free and independent States., and thereby 
have diflblved all political connection between them and the crown of Great Britain: 
And whereas it hath been recommended by the faid congrefs to adopt fuch govern- 
ment as might in the opinion of the representatives of the people of the faid States 
belt conduce to the fafety of their conftituents in particular and America in .general : 
And whereas in confe-que nee thereof, the reprefentatives of the people of this State 
in convention affembled on the fifth day of February in the year of our Lord one 
thoufand feven hundred and feventy-feven, have fixed on, and agreed to, a confti- 
tution for the rule and government of the faid State and people thereof : And whereas 
divers good and wholefome laws were heretofore made and pafied in this State (then 
province) and to the end that difputes and difficulties may not arife touching the pre- 
prefent validity of the faid laws fo made and pa-fled as aforefaid, within the faid ter- 
ritory of Georgia. 
Provincial laws, I. Be it enabled by the reprefentatives of the freemen of this State in general ajfembly 
'as W \vdl ftatute met i Mtl ^ h the -authority of the fame, That from and after pafling this act, all laws 
as common, re- heretofore made in the (then province) now State of Georgia, and have not 
-nal matters, ex- been repealed, and all the laws of England, as well ftatute as common., relative to 
,cept treaion, criminal matters., and heretofore ufed and adopted in the courts of law in this State 
,inthisState,and (then province of Georgia:) except in cafes of treafon, fhall be of full force, virtue and 
.not repugnant e ff ec ~K to all intents and purpofes, as were heretofore had, ufed and received as the 

to the conftitu- , r n • 1 '■ 

tion and form of law of this land, any law, mage, culiom, article,, matter ox thing at prefent adopted 
-our government - n a ch^gg c f government to the contrary in any wife notwithstanding, fo far as the 
•full force. fame do not contradict, weaken, hurt, or interfere with the refokes and regulations 

of the honorable the continental congrefs, or of any refolyes and regulations of this 
<or any former affembly, .congrefs or convention held in and for this State, and in par- 
ticular 



LAWS OF GEORGIA. 



203 






ticular of the conftitution of the fame, made and agreed to by the reprefentatives of A. D. 1777. 
the people in convention affembled, and ordered to be the rule and government of No « *3 6 « 
this State, and the fame (hall extend to and be in as full force, power and effect, 
and in as full and ample a manner as the fame were formerly of force in this State 
(then province) as if the faid territory were an independent State at the time of mak- 
ing and paffing fuch laws. 

II. And be it enaBed, That this aft fhall be a general act., and fhall be taken Generalact. 
notice thereof as fuch by all judges and other officers of juflice or government with- 
in this State, without the fame being fpecially pleaded. 

III. And be it further enaSied, That this act fhall be and continue and be in force Continuatien. 
until the firft day of January in the year of our Lord one thoufand feven hundred and 
feventy-eight,. and from thence to the end of the next feffion of aflcmbly.* 

N. W. JONES, Speaker, 
Savannah, September i<5, 1777. 

* Seeadls of 1778, No. 2^7' — 1781, No. 263 — 1783, No. 279 — and 1784, No. 287. 



dn Acl for opening the land office •> and for the better fettling and: 

frengthening this State. 



No. 237; 



WHEREAS there remains much vacant and uncultivated land-in this State, the Preamble, 
fettlement of which is of the highefl importance, wherefore it becomes 
neceffary that all due encouragement fhould be given to perfons to come and fettle in 
this State, and by that means promote the increafe of its inhabitants. 

I. Be it therefore enaEted by the reprefentatives of the freemen of the State of Georgia Enacted. 
in general ajjembly met, and by the authority of the fame, That from and immediately Land office ©- 
after the paffing of this act, an office fhall be opened for the purpofe of applying for pene " 
and obtaining vacant lands, by perfons entitled to the fame in this State under the 
regulations and rules herein fet forth, that is to fay : Every free white perfon or 
head of a family fnall be entitled to, allotted and granted him 3 f two hundred acres Head rights. 
of land, and for every other white perfon.of the faid family fifty acres of land, and 
fifty acres for every negro, the property of fuch white perfon or family : . Provided, Provifo. 
the faid white perfon or family fhall not have rights for more than ten negroes, and 
that they have not had land heretofore granted them, in virtue of and in right of the 
faid ten negroes ; and the governor or commander in chief for the time being with Governor to ■ 
the advice and confent of the executive council fhall have full power, and are here- grant ,in s " 
by authorized to grant fuch tracts or lots of land to fuch perfon or perfons fo obtain- 
ing lands as aforefaid under and by virtue of this act, and he or they fhall within fix 
months fettle, plant, cultivate, and live on the fame ; or in cafe fuch perfon or per- 
fons fhall be difcurbed in time of alarm or annoyance by any enemy and obliged to 

remove^ 



To be fettled 
within fix 
months. 



f . Altered by ad of 1780, No. 259, fecVli; . 



2o 4 DIGEST OF THE 

A. D. 1777. remove from the lands fo granted fuch perfon or perfons, {hall return to their refpec- 
No. 237. ti ve fettlements or plantations as foon as the enemy fhall be repelled or removed, or 
the fituation of affairs will permit. 
Perfonswhohr.d ^* -And be it further enaBed by the authority aforefaid, That all and every perfon 
former allot- or perfons who heretofore have had allotments of land in the province, now ftate of 
continued in Georgia, and have continued and refided in faid State ; and all and every perfon or 
this State ; and p er f ns who have fettled on lands not allotted or granted heretofore (hall be continued j 

thole who have . r . • 1 • 

fettled on lands on the faid lands and confirmed in a title thereto, in preference to any other perfon 
rot allotted or or p er f onSj Provided fuch perfon or perfons fo fettled on and pofTeffing fuch lands 
tied to right of have rights, and are entitled to have the fame granted him or them, according to the 

preference. tme j ntent anc i meaning f tn i s %£* 

Abfent perfons m« And -whereas divers perfons who have left this State, hold allotments, grants; 
holding allot- an( j ther claims to land in the faid ftate, have neglected to fettle or cultivate the 

ments granted, . . r . r . . r ; ' . _ ,. 

and other claims lame as particularly lpecihed in their grants, to remedy which, Be it further enaBed 
to lands^ who fry jfe au thoriiy afore/aid, That all fuch perfon or perfons who hold or pretend to have 
to fettle or cul- titles to fuch lands, either by allotments, grants or otherwife, fuch perfon or perfons 
tivate the fame, f being entitled to land as aforefaid, fhall be publicly notified by proclamation to 
notified by pro- return to this State within fixf months from and after the date of fuch proclamation, 
tum^in'"^^ fe " t0 f ett ^ e an ^ cultivate fuch lands, otherwife the fame {hall be, and is hereby deemed 

months and fet- to be vacant, and liable to be granted to any perfon or perfons applying for and enti- 
tle fuch, or for- ,, , J j_ r 
feit them. . tled to the fame - 

Perfons obtain- ^' AftA be it further enaBed by the authority aforefaid) That if any perfon or 

ing confirma- perfons obtaining a confirmation of former allotments of land, or fhall obtain a 

tions of former r <• 1 1 1 i y '• 1 • rr inn 

allotments or grant tor lands now vacant, they or their heirs or amgns, and lhall not continue on 

grants, not to tne f arne , under the regulations of this adl:, for and during the term of five years, . 

without five he or they fhall not be allowed to affign the faid grants or allotments ; and fuch affign- 

years refidence ments are hereby declared to be invalid and of no effe£t, and fuch lands fo afiigned 

thereon. » * ° 

Affignments of {hall be deemed vacant, and may be re-granted to any perfon or perfons who fhall 
fuch lands with- p rove to the fatisfaction of the governor and council, that the former poffefTors or 
be void, the occupiers of fuch lands have actually left the fame and this State 

lands vacant, and to be re-granted, where the former occupiers have actually left the fame and the State. 

Rent of if. per V. And be it further enaBed by the authority aforefaid^ That no other charge or 

hundred acresm eX p ence except the rent of two {hillings for each hundred acres of land as heretofore 

addition to ex- 1 1 r . . . r 

pences of fur- {hall be laid on the faid lands, but the expence of furveying and granting the fame, 
erantui ^th ^ or and durm g tne fpace of one year; and the lands fo to be granted {hall be fur- 
fame, veyed and laid out in the following manner, viz. in either a fquare or oblong figure, 
Lands how to t ^Q length not to be more than double the breadth, as the nature of the lands may 

be iurveyed and ° * ' 

laid out. be, unlefs fuch as may lie between lands already granted, or that may hereafter be 

granted, and be bounded by fuch lines as may be neceffary ; or where fuch lands lie 
between the forks of rivers or creeks, then to be bounded by the faid rivers or creeks ; 

Maybe gran-ted and all perfons that have had lands ordered them, and have not taken out grants for 

on old rights fhe 

and warrants. 

* See ad: of 1780, No. 2,5c), fed. la, refpecling former allotments by commiffioners. 

f The time declared to be too fhort, and the feci, repealed by a<5t of 1777, No. 238, feet. 1. 



LAWS OF GEORGIA. 



205 



the fame, or fold their warrants or rights for the fame, or are either dead or left the 
ftate, fuch perfon or perfons as have bought fuch warrants or rights and titles as 
aforefaid, and continued in this State, fhall have fuch lands granted them agreeable 
to fuch order or warrant fo purchafed. 

VI. And, in order to encourage the building of mills in this State, Be it further 
enabled by the authority aforefaid, That if any perfon or perfons fhall build or caufe to be 

Sbuilt a grift mill on any vacant land, he or they fhall have one hundred acres of land 
referved until the faid mill be built and fit for ufe, and then fhall have and be entitled 
to receive a grant for the fame ; and every perfon or perfons building or caufing to 
be built a faw mill on vacant land, fhall have five hundred acres of land referved 
until the faid mill be built and fit for ufe, and then fhall have and be entitled to, and 
receive a grant for the fame, as an encouragement for building fuch faw mill, he, 
fhe, or they paying the ufual fees for furveying and granting the faid lands. 

VII. *And be it further enabled by the authority aforefaid. That any perfon or per- 
fons willing to build a furnace or bloomary for working iron, and that will give 
fecurity for compleating the fame, and fhall actually continue making iron for the 
term of five years or upwards, fhall be entitled to a referve of two thoufand acres 
of land in one tract, and at the expiration of faid term to have a grant for the 
fame. 

VIII. And be it further enabled by the authority aforefaid, That every perfon or per- 
fons who fhall build a forge for making bar iron, and will give fecurity for compleat- 
ing the faid work, and fhall actually continue the bufinefs of making bar iron for 
the term of five years, fhall be entitled to a referve of two thoufand acres of land 
in one tract, at the expiration of the faid term, and fhall have a grant for the fame. 

IX. And be it further enabled by the authority aforefaid, That no perfon or perfons 
who have had lands already granted for their family, fhall be entitled to land under 
this aft. 

X. And be it enabled by the authority aforefaid, That this act fhall continue and be 
in force until the firfl day of January, in the year of our Lord one thoufand feven 
hundred and feventy-eight, and from thence till the end of the next feffion of the 
affembly. 

N. W. JONES, Speaker. 
Savannah, June 7, 1777. 

• See adl of 1780, No. 259, feet. 17, refpecling ironworks. 



A. D. 1777. 

No. 237. 



Perfons build- 
ing grift mills 
on vacant land 
entitled to 100 
acres. 

A faw mill, 500 
acres. 



Iron works, 
2000 acres. 



Forge for mak- 
ing bar iron, a 
like quantity of 
3000 acres. 



Perfons who 
have already 
had lands grant- 
ed to their fami- 
ly, not entitled 
under this adl. 
Continuation. 



An Acl to amend and repeal part of an Acl for opening a land office. No. 233. 
and for the better fettling and Jlrengthening of this State. 

WHEREAS in and by an adl: of this prefent affembly, entitled " An adl for Preamble. 
opening a land office, and for the better fettling and flrengthening of this s}x h d _ 
State," it is ordered that abfentees fhall return to this State, within fix months, or dared to be too 
their lands fhall be re-granted to thofe perfons petitioning for the fame, And whereas fbSteeTto re- 
it tura. 



2o6 DIGEST OF THE 

A. D. 1774. it appears the time allowed is too fhort and many injuries may arife therefrom to 

No. 238. fuch abfentees as aforefaid, for the preventing of which 
The claufe of I. Be it enabled by the representatives of the freemen of the State of Georgia in general 

in^hYhncUf- ajpmbly '***, and by the authority of the fame, That the claufe which refpefts re-grant- 
fij which ref- ing f i an d s be, and is hereby repealed, and no lands formerly granted or allotted: 
EfJfhlE^ fliall be re-granted or allotted, to any, perfon or perfons whatfoever.. 

pealed, and no lands formerly granted or allotted to be re granted. 

Perfons having II. And be it enabled by the authority aforefaid, That if any perfon or perfons have 
mentforf £ui heretofore had allotments of lands within this State, or any fpecial contrad here- 
S for' 3 tofore made, and have paid the depofit money required,, fuch perfon or perfons mail 
!n g \aid d "the have a grant or grants for the fame. 

depofit money, fliall have grants for the fame. . ' 

Grar.tsunnecef- HI. And whereas, the conftitution of this State direfts that each county mail 

fery to be audit- ^ tfte puD i ic reC ords belonging to the fame ; and as a change of government may 

strveyTto^be have rendered it unneceffary that the grants of land mould be audited as formerly,. 

returned to and therefore, be it enabled by the authority aforefaid, That all furveys which are legally 

vcyor de ^ef£ made, and returned into the furveyor general's office mall be recorded, and a certi- 

ofhee, and cer- fied cop t k ereo f delivered to the attorney for the State,, fo tint fats may be by him 

aZ&dX&a. prepared, and delivered without delay to the fecretary's office, that grants maybe 

«d to attorney m ^ Q and fagned for the faid lands agre eable to the conftitution, which faid 

S V!aVto e, the r g ra nts (hall be *regiftered in the county where fuch land lies, which record fliall be 
fecretary_of^ *r. ^ he , declared to be good and valid in law, . any thing herein before to the 

that crrants may CO ntrary in any wife notwithstanding. 

wSw. IV. And be it therefore enacled by the authority aforefaid, That this a& (hall be and: 

fliall be rcgifter- continue i n force until the fir ft day of January next, and from thence to the end of. 

ed in the county r ~ , , 

where tne lands the nest feiiion ot ailembly. j^+kh o 7 

lie. N. W. JONES, Speaker. 

Continuation. l , - 

Savannah, September 1 6, 1 77 7. 

* Not neceffary to be regiftered. See aft of 1786, No. 3Z5, feci, i, 



No. a 39 ; An. Actio amend an aB, entitled, "An atl to empower the commiffiomr s orfurveyors 
to lay out, male and repair the roads already laid out, or that may hereafter be ne- 
ceffary; and alfo to clear the rivers and creeks within their refpeblive divifions." 

September 1 6, 1777- 
Obfolete. . , 

No. 24 o, An Ac? to appoint commffioners of the loan office in the place of thofe appointed under the, 
aB of ajfembly of the then province, now State of Georgia, and to empower the faid 
commiffioners hereby appointed to account with the commiffioners appointed as aforefaid; 
and to do all fuch other matters relative to the loan office as are direcled by an acl 
pafed th» Ath day of June, 1 760, for famping, imprinting, iffuing and making current 
thefum of £7410, flerling, in paper bills of credit, and for applying and ftnhwg 
the fame. 

September 16, 1777?- . 

QMkte,. ^ 






LAWS OF GEORGIA. 207 

Jtn Aft to regulate and extend the trade and commerce of this State; and to eflablifh A. D. 1777. 
an infurance office for the encouragement thereof '; and alfo to rejlrain the felling of No. 2 4 T - 
merchandize by public auftion within the fame. 
September 16, 1177. 
Obfolete. 



An Aft for the expulfion of the internal enemies of this State^, No. 24V 

September 16, 1777. 
Obfolete. 



An At! for regulating captures and feizures made in this State, or on the high feas, under No. 243. 
and by virtue of the refolves and regulations of Congrefsl 
September 16, 1777. 
Obfolete. 



Jin Aft for the better fecurity of this State by obliging and making liable negro flaves to No, 444. 
work on the forts, batteries, or other public works within the fame. 
September 16, 1777. 
ObfoletL 

Jin Aft for regulating the commiffioners appointed by this State, and to prevent abufes in No. 145. 

the /aid departments. 
September 16, 1777. 
Obfolete. 

■An Aft for -regulating the fuperior courts in each county, and for the mere convenient ad- No. 244. 
minif ration of jujlice in this State, agreeable to the confitution thereof. 

This a8 being made to continue in force only one year, and until the end of the next feffion, expired 
•and gave place to aft of 1778, No. 248. It is therefore deemed unneceffary Ao infert it. 

Savannah, September 16, 1777. 



An Aft for raifing the fum of £66,000 for the ufe and fupport of the government of the No. 247. 
State of Georgia, for the year of our Lord 1777? to be raifed at certain rates* and 
■after the method therein mentioned. 
September 16, 1777. 

Obfolete. 

*An 



2o8 DIGEST OF THE 

A. D- 1778. *An Atl for attainting fuch perfons as are therein mentioned of high 
24 * treafon, and for confif eating their eftates, both real and perfonal, to 

the ufe of this State, for efablifhing boards of commiffioners for the 
file of fuch eftates, and for other purpofes therein mentioned* 

Preamble, "^| "IT T" HERE AS the king of Great Britain did on the nineteenth day of April,. 

y y which was in the year of our Lord one thoufand feven hundred and feventy- 
five, commence a cruel and unjuft war againft the good people of America, with 
intent to reduce them under fubjeclion to a ftate of lawlefs fway and abfolute defpot- 
ifm, in violation of the antient conftitution, and utterly fubverfive of the fame : And 
-■whereas the faid king, in order to carry the faid flagitious and deftructive fyftem of 
, government into full effect, did fend a body of his troops on the aforefaid day and 
year, which troops did wantonly attack and murder the peaceable inhabitants of 
America, whereby the faid_king did forfeit and forefault every right and title to the 
allegiance of the faid people, and by other and various methods did do away and 
deltroy the great end of all civil inflitutions, the public good: And whereas the 
powers of government, incapable of annihilation, did devolve upon the people for 
exercife of the fame, and the faid people did (as of right and juflice they ought) enter 
Into a full exercife thereof for their common fafety and happinefs : And whereas at a 
general congrefs held at Philadelphia, a declaration of the antient and inherent rights 
of the people, recognizing the above principles of government, and the neceffity of a 
final feparation and diflblution of all political connection with the king and realm of 
England, took place on the fourth of July one thoufand feven hundred and feventy- 
lix, aflerting the thirteen united colonies to be free and independent States, and in 
full and abfolute pofleffion of every fupreme power, which free and independent 
States and powers do and ought of right to enjoy ; which declaration not only 
confirmed the powers of the feparate States but plainly and manifeftly recognized 
the juftice and political neceffity of afluming and exercifing the powers, which re- 
verted to and devolved upon the people on the breach, which was made by the 
feid king of Great Britain, on the faid nineteenth day of April, in the. year of our 
Lord, one thoufand feven hundred and feventy-five, in the original contract which 
fubfifted between him and the people : And whereas it is both juft and conftitutional 
that all and every allegiance and other duty which was due from the good people of 
America, on the faid nineteenth day of April, which was in the year of our Lord 
one thoufand feven hundred and feventy-five, fhould be immediately transferred, and 
accordingly were by means of the faid breach transferred from the faid king to the 
powers, which afiumed the rights and exercife of government in this State : And 
whereas various perfons, inhabitants of this State, in contempt of the faid allegiance 
and duty fo transferred as aforefaid, did traiteroufly avoid the fame, and led away 
by their wicked devices, did contumacioufly aid, abet, aflift, and comfort the troops 
and vafTals of the faid Britannic king, then ravaging and plundering the coafts and 

towns 

* Altered andamended by ads of the fame year, No. 252, and No. 254. See acts of 1778, No, 2j6— of 
4783, No. 26,5 and No. 267, attainting and confifcating the eftaies of certain other perfons. 



LAWS OF GEORGIA. 209 

towns of America, and by every favage and inhuman practice murdering and deftroy- A. D. 1778. 
ing the good people of the fame ; And whereas it is but reafonable and juft that the No - 2 4 8 - 
eftates both real and perfonal, of all fuch perfons refiding within this State, on or 
fince the faid nineteenth day of April, who have refufed their allegiance to the 
governing powers of the fame, mould be forfeited and confifcatcd, which forfeitures Confifomons 
and confifcations are further recommended by congrefs to be carried into immediate recommended 
execution. With intent therefore that effectual juftice may be done and all fuch be tamed into 
defections and treafons meet with their due punilhments, and alfo that the. fame may effe #- 
be prevented in future, 

I. Be it enabled by the reprefentatives of the freemen of the State of Georgia in afembly Certain perfons 
met, and it is hereby enabled by the authority of the fame , That Sir James Wright, John edaridad^T^ 
Graham, Henry Yonge, jun. William Mofs, Robert Smith, James Hume, William guilty of high 
John Yonge, Charles William M'Kennin, George Barry, Alexander Wylly, William Sife*^ 
Johnfton, John Lightenftone, John Mulryne, Jofiah Tatnall, William M'Gillivray, 
John Joachim Zubly, George Kincaid, John Hume, Jofeph Farley, Robert Reid, 
Thomas Reid, John Bond Randell, Henry Yonge, fenr. Philip Yonge, James Ro- 
bertfon, James Brown, (fchoolmafter) David Johnfon, Alexander M'Go an, William 
Simes, John Inglis, Peter Dean, Thomas Johnfon, George Bofland, James Johnfton, 
James Downey, William Trintfield, George M'Caully, John Jameifon, Andrew 
Hewitt, George Baillaie, George Webb, John Love of Effingham county, Jofeph 
Johnfton, John Johnfton, George Wilds, William Love, Charles Hall, James Moore, 
Samuel Moore, John Hubbard, Matthew Marfhal, Jofeph Marfhal, Thomas Brown,, 
(late of die ceded lands) Thomas Scott, (late of the ponds on Ogeechee, Wilkes 
county) Williim Frafer, Timothy Hollingfworth, Valentine Hollingfworth, William 
M'Donald, John M'Donald, John M'Donald, (taylor) William Rofs, (late of St. 
Andrew's Parifh) Daniel M'Leod, Alexander Baillie, Alexander M'Donald, David 
Rofs, Daniel M'Donald, Roderick M'Intofh, Angus Bacon, Thomas Young, Simon 
Munro, Simon Patterfon, William Lyford, Robert Baillie, James Kitching, Roger 
Kelfall, James Spalding, Robert Porteous, Alexander Creighton, Robert Moodie, 
William Clark, (late of Saint Andrew's Parifh) James Chapman, Charles Watts, 
William Bofomuorth, Sampfon Williams, Garret Vinfant, George Vinfant, Daniel 
M'Gurth, James M'Gurth, George Proctor, James Shivers, John Speier, John 
Martin, (of Jekyl . Ifland) John Froft, William Froft, Cornelius Dunn, John Dunn, 
John Fettinger, Robert Abrams, (hatter) Jofeph Rains, (late of the Parifh of St. 
David's) Bafil Cowper,. jun. Thomas Stringer, John Hopkins, (pilot) William Oldes, 
William Colville, (pilot) John Murray, Anthony Stokes, John Wood, (late of Sa- 
vannah, merchant) James Edward Powell, Jermyn Wright, Charles Wright, Thomas 
Eatton, James Tayler, (merchant) George Finch, Philip Moored William Panton,, 
John Simpfon, (Sabine Fields) Charles M'Culloch, (late of Savannah) be attainted 
and adjudged guilty of high treafon againft this State, and they are hereby attainted 
and adjudged guilty of the fame accordingly. 

II. And be it further enabled by the authority af or ef aid > That in cafe any or either of 
the perfons above named, and who. are herein and hereby attainted of high treafon. 

Dd. fhall 



2io DIGEST OF THE 

A. D. 177S. (hall hereafter return to this State or be taken in arms againft the authority of this 

No. 248. State, or the United States, and fhall be brought within the limits of this State, fuch 

Any perfon at- perfon, or perfons, fhall be fubject. to ai reft, imprifonment, and trial for the crime 

foirreiurningto of high treafon, and fhall, on conviction thereof in any court of record, where, by 

the State, or be- the laws of this State fuch perfon or perfons fhall be triable, receive fentence and 

arms, (ball be judgment of death, and fhall fuffer accordingly. 
imprifoned and HI. Jt„d whereas, fuch perfons as have forfeited the perfonal protection of, and 

tried for high r , . , r r . n , _, ,. 1 r , . 

treafon, and on been guilty of high treafon againft the State, contrary to their duty and allegiance to 
eonvwftion fhall t j ie fame do alfo incur the forfeiture of their property and poffeflions both real and 

tuner death. _ r r j r 

perfonal, and it being highly reafonable that the eftates real and perfonal of traitors 
who are hereby attainted, fliould be difcovered and applied to the ufe of the good 
people of this State in the moil fpeedy and effectual manner, and that due pro- 
vifion be made for the fatisfaction of all juft and lawful claims, which any of the 
good friends of this State may have to, out of, or upon the eftates of fuch difaffected 
All lands heri- perfons and traitors : Be it therefore further enabled by the authority afore/aid, That all 
tages, debts or anc j ever y the lands and heritages, debts or fums of money, and goods and chattels 

funis of money, ' ' "■ ' , , 1 rr n 1 • 1 1 

and goods and whatfoever and generally the goods, chattels and effects, heritable and moveable, 
chattels of per- re? j an{ j p er f ona i f what nature or kind foever they be, within this State, whereof 

fons hereby at- r ' ,.>.'-' '-. . 

tainted of trea- any perfon or perfons who fince the faid nineteenth day of April, which was in the 
d't b f f • y ear °f our Lord one thoufand feven hundred and feventy-five, is or are hereby at- 
ed and veiled in tainted and adjudged guilty of high treafon againft this State for levying war againft 
for tbT'iSfe 6 ©^ the fame, or confpiring againft its fafety, or for any other high treafon whatfoever 
the State. committed fince the faid nineteenth day of April in the year of our Lord one thou- 

fand feven hundred and feventy-five, within this Sate or elfewhere, was, were, or 
fhall have been feized or poffeffed of, or interefted in, or entitled unto on the faid 
nineteenth day of April, in the year of our Lord one thoufand feven feven hun- 
dred and feventy-five, or at any time afterwards, in his, her or their own right, 
or to his, her or their own ufe, or whereof any other perfon or perfons was, 
were, or fhall fhall have been feized and poffeffed of, or interefted in, or entitled unto, 
to the ufe or in truft for them or any of them, fhall, according to the feveral and 
refpectlve eftates and interefts, which the faid perfon or perfons attainted fince 
the faid nineteenth day of April in the year of our Lord one thoufand feven hundred 
and feventy-five or any in truft, for them or any of them had, or fhall have had, 
therein as aforefaid, or did, or might, or fhall forfeit by fuch attainder, ftand and 
be forfeited to this State, and fhall be deemed veiled and adjudged and is and are 
hereby declared and enacted to be in the real and a£tual poffeffion of the government 
thereof, without any office of inquifition thereof hereafter to be taken or found, and 
without declaration of forfeiture to be obtained. And to the end that all the eftates 
of the faid traitors, of what nature foever within this State hereby or otherwife veiled 
or hereby intended to be veiled in this State, and the yearly and other values thereof, 
difcoveryanda- and all incumberances thereupon maybe the better difcovered, known and defcribed, 
remaining the and afcertained, and that the fame may be fecured, fold and difpofed of, and that 

eftates and mte- . . ' ' r ' 

reil of traitors* m the mean time the rents, lffues and profits thereof may be recovered and brought 

in 



Icor the better 



LAWS OF GEORGIA. 



211 



in for the ufe of, and to defray the grievous and heavy expences accrued in defending A. D. 1778*. 
this State againft the attacks of its cruel invaders ; and that due examination be taken, No. 248. 
and fatisfaction be made of all juft and lawful claims to, upon, or out of the faid 
eftates, or any of them : Be it therefore further entitled by the authority afore/aid, That A board of corn- 
five perfons be appointed by the ballot of this houfe, to ad as a board o£commif- mi , ffioner . s a F- 
, • i • * • ci 1 ■ •' 1 r pointed in- ccr- 

fioners in each county within this State, except as herein is hereafter excepted, that tain counties. 

is to fay : for the county of Chatham, George Walton, Thomas Stone, John M'Cleur, 

Edward Davis, and Ambrofe Wright ; — for the county of Effingham, John Poftell, 

Henry Wood, Jacob Cronenburger, Jofhua Pierce and Archibald Patterfon ;r— for 

the county of Burke, John Thomas, Abraham Jones, Bleffingham Harvey, Jofeph 

Grefham, and William Levingfton ; — for the county of Richmond, Robert Walton,, 

Seth John Cuthbert, Benjamin Few, William Glafcock and William Jackfon ;— for 

the county of Wilkes, Solomon Neifum, junior, Richard Aycock, George Wells, 

Daniel Coleman and Barnard Herd ; — for the county of Liberty, Glenn, and Camden, 

Benjamin Baker, John Sandiford, Francis Brown, Mofes Way and William Peacock; — 

and any three or more of fuch commiffioners in each county {hall conftitute a, board, Any three or 

and ihall exercife the powers and duties by this a£l given and required : and each more T each 

■r jo ~i ■} county to exer- 

board fo conftituted and appointed as aforefaid, is hereby authorized, empowered,, cife the powers 
and required to enquire into all fuch eftates both real and perfonal within their refpec- Tbeir dutyT *' 
tive counties, as are hereby or otherwife veiled, or hereby intended to be veiled in this . 
State ; and to""caufe all and every the rents, iffues and profits thereof, until fale (hall be 
made, to be effectually levied and paid to the refpeclive boards; and to levy, raife, 
fecure and caufe to be fold by the fheriff or fuch other perfon as (hall be appointed by 
the refpedlive boards of each county, all fuch eftates both real and perfonal, and; 
other perfonal chattels and eftates hereby or intended hereby to be veiled in this State, 
fituate and being within each county refpectively; and all fuch rents, iffues and pro- 
fit, and all monies arifing from fuch fales, ihall be paid to the refpeclive boards, . 
and by the refpeclive boards fhall: be depofited in the treafury of this State, to be dif- 
pofed of, ufed or employed to fuch purpofes and ufes as the legiilature of this State, 
fhall order and direcl ; and all perfons claiming or pretending to claim any eftate, . 
right, title, or intereft in, to, or out of the faid eftates hereby, or intended hereby to 
be veiled in this State, or being, or pretending to be creditors of any of the faid per- Creditors of 
fons hereby attainted and adjudged guilty of high treafon, fhall produce and exhibit exhibit thdr' 
the fame to the refpeclive boards, within whofe jurisdiction fuch claims fhall belong claims to the re- 
and be made, and the fame ihall be examined and enquired into by the refpeclive to^e^examijael: 
hoards ; and if they fhall find that any of the claims fo to be made as aforefaid, fhall and admitted or 
be well founded and have good color of juftice, and are not fraudulent and void, 
by any part of this act, that then the faid refpeclive boards fhall admit fuch claims 
and act accordingly : But in cafe any of fuch claims fhall not appear to be well founded 
and to have good color of juftice, and fhall appear to be made fraudulent and void Duty pf attor- 
by this, act, that then the faid refpeclive boards fhall refer all the papers and other n . e y g e «f ral to 

fiiQ 111 trie exfi'* 

teftimonies upon which fuchclaims ihall be founded, to the attorney general for the mination,andto 
State, for the time being, who is hereby authorifed and required, to enquire into and ^^staLT 

examine. 



*r 



212 DIGEST OE THE 

A. D. 1778 examine the faid papers and testimonies, and to defend the right of the State as well 

No. 248. before the faid boards as in any of the fuperior courts againft the fame. 
The commifii- IV. And be it further enacled by the authority af&refaid, That the refpective boards 

oner s to fit and fo conflituted and appointed as aforefaid, fhall and may meet, act and proceed from 

aft on their own , . . - . - . ... . 

adjournments; time to time, with or \tithout adjournment, within term time or without, and fhall 
cail l '° e^fons be- an( * mz Y ^ en< ^ tne i r precept or precepts, for any perfon or perfons whatfoever to ap- 
fore them, and pear before them, and for all fuch books, papers, writings and authenticated copies 
ofa^necefl'ary °^ recorc ls as they mau think neceffary for their information in any matters or things 
books, papers, relating to this act, without any fee, charge or reward to be paid for the fame ; and 
ers' and duty ^ a ^ an d mav detain in their cuftody fuch books, papers, writings, and authenticated 
further pointed copies of records fo long as they fhall have occafion for the fame, and then return fuch 
books, papers, writings, and authenticated copies of records to fuch perfons to whom 
they refpectively belong; and fhall and may adminifter oaths for the better difcovery of 
the truth of the enquiries by them to be made to any perfon or perfons therein concern- 
ed, or to any other perfon or perfons whatfoever; and all fherifFs and their deputies and 
conllables are hereby required to obey and execute fuch orders and precepts as fhall be 
fent to them by the refpective boards; and the faid refpective boards are hereby empow- 
ered and required in a fummary way, and without the formalities of the proceedings in 
the courts of law, to enquire and inform themfelves by and upon the teftimony of wit- 
nefles upon oath, examination of perfons interefted upon their oaths, infpection and 
examination of deeds, writings, and records, or by all or any of the faid ways and means, 
or otherwife according to their directions, as foon as may be ; and to make a regifter 
in books, of the names of all fuch perfons attainted and of all real and perfonal eftates 
and interefts whatfoever, by this act vefted or hereby intended to be veiled in this 
State, and by whom fuch eftates was and were forfeited or forfeitable, and what 
eftate or intereft every fuch perfon attainted or to be attainted for high treafon as 
aforefaid, had in any of the premifes, on the faid nineteenth day of April, in Jie 
vear of our Lord one thoufand feven hundred and feventy-five, or at any time after- 
wards, and by what tenures the fame or any of them refpectively were holden, and 
of all incumberances whatfoever, to which any of the faid eftates forfeited or forfeit- 
able for high treafon were liable or fubject before the faid nineteenth day of April, 
in the year of our Lord one thoufand feven hundred and feventy-five, or at any 
time afterwards, and in cafe any perfon or perfons fummoned to appear before the 
faid board refpectively for difcovery of the premifes, fhall neglect or refufe to appear 
or be examined as aforefaid, then and in every fuch cafe it fhall and may be lawful 
to and for the faid boards refpectively, to commit the faid perfon or perfons fo 
neglecting or refufing as aforefaid, to the common gaol of the county wherein fuch 
fummons and neglect and refufal fhall be made, there to remain without bail until 
fuch perfon or perfons fhall conform themfelves and fubmit to be examined as afore- 
faid ; and if any officer or officers fhall refufe to give obedience to precepts and 
orders of the faid boards refpectively, for the due execution of this act, then and 
in every fuch cafe, it fhall and may be lawful to and for the faid refpective boards 
to impofe on any fuch officer or officers any fine not exceeding fifty pounds lawful 

money 



LAWS OF GEORGIA. 213 

money of this State, for any one offence, and to commit any fuch officer or officers A. D. 1778. 

to gaol until fuch fine {hall be paid. And for deterring and preventing all and every No « 248. 

perfon and perfons whatfoever, anywife indebted or liable to pay to any fuch forfeiting 

perfon or perfons, any fum of money hereby or otherwife veiled in this State as 

aforefaid, from concealing, withholding, neglecting, or refufing to pay the fame to 

the faid boards refpeftively, Be it enaBed by the authority afortfaid, That all and every p er fons indebt- 

fuch perfon and perfons fo indebted or liable as aforefaid, who (hall neglect to dif- f d and negleca- 

1 11 is- 1 *■ • 1 1 >~>- • j • > 1 r in £ t0 difcover, 

cover and make known the lame to the faid boards reflectively, within fixty days after and make 
the patting and publication of this act, {hall forfeit double the value of any fuch debt known the fame 

r ° r ' ' to the commif- 

or debts, fum or fums of money to be recovered by fuit at law in the feveral counties fioners within 

refpeftively, to the ufe of this State as aforefaid, and all and every perfon or perfons [j^aft ^for- 

who was or were, hath or have been pofFeffed of any perfonal goods or chattels of feit double the 

or belonging to any fuch perfon or perfons attainted of high treafon as aforefaid, va ue e ° ' 

when the fame became forfeited or afterwards, or {hall be thereof poflefTed, are hereby e d of goods, &c. 

flriftly charged and required to difcover and make known the fame to the faid boards °f f « cn perfons, 
........ - . charged to make 

refpeftively, within the faid time of fixty days next after the pafiing of this aft, and them known 

all and every fuch perfon or perfons having fuch goods or chattels in his, her or their J a U , on faOure 
pofleflion, cuftody or power, and neglefting to difcover the fame before the expiration to forfeit double 
of the faid time of fixty days, {hall for fuch offence, forfeit double the value of fuch ' e amoun * 
perfonal goods and chattels, to be recovered for the ufe of ..this State as aforefaid j Commiflloners 
and the faid boards refpeftively are hereby authorized and empowered to make any make" fettle- 
fuch fettlements and agreements, touching any fuch debts or perfonal goods and mentswithper- 
chattels fo as aforefaid to be difcovered, as the faid boards refpeftively {hall in any 
fuch cafe, on due confideration on the nature thereof, or circumftances of the par- 
ties concerned therein, think fit and reafonable, which fettlements and agreements 
to be valid in law, fo as they do not extend to any abatement of the real amount of 
any fuch debts or a relinquifhment of any fuch perfonal goods or chattels, and fo as 
the monies payable on any fuch fettlements and agreements be paid to the faid boards 
refpeftively, for the ufe of this State, within the refpeftive times allowed by the 
refpeftive boards for the payment thereof; and where any of the faid debts are 
fecured by bonds or obligations with penalties, or are due and owing upon open 
accounts not adjufted, the faid boards refpeftively are hereby athorized to ftate, fettle, 
and determine the fame, or to caufe fuits to be commenced for the recovery thereof. 

V. And to the intent the debts, perfonal goods and chattels herein before or Their powers 
otherwife veiled in this State may be difpofed of, and the amount and value thereof ^ d ^^ ur ~ 
applied to the ufe of this State, Be it further enaBed by the authority aforefaid, That 
the faid refpeftive boards, as foon as conveniently may be, ufe their utmofl endea- 
vors to fecure all fuch debts, goods, or perfonal chattels in fuch places and in the 
cuftody Of fuch perfons as {hall be thought moft proper, by the faid boards refpec- 
tively for preventing the perifiSing or any lofs or embezzlement thereof, and {hall 
make or caufe to be made a true and perfect inventory or inventories thereof con- 
taining a true and particular account of all fuch debts, goods and perfonal chattels 
by whom they were forfeited, and when, and by whom delivered to the faid re- 
fpeftive 



2i 4 DIGEST OF THE 

A. D. 1778. fpe£Hve boards, or any perfon by them appointed to receive the fame; and fhall 

No. 248. a if C aufe a jufl appraifement thereof to be made upon the oaths of any three perfons 

to be appointed by the faid boards refpectively for that purpofe ; and the faid boards 

refpetlively are hereby authorized and required to caufe the fheriff, or fuch other 

perfon as they fhall refpettively appoint in the refpective counties, after all claims 

fhall be liquidated and fettled, in the manner as is herein after directed in refpect to 

real eftates, to fell all and Angular fuch goods and chattels fo inventoried and ap- 

of goods and praifed according to their bell fkill and judgment, and for that purpofe fhall caufe 

chat i teI n. gl i Ving public notice to be given for the fpace of thirty days at leaft, of the time and 

days notice, for place of expofing to public fale any fuch goods and chattels and the feveral parti- 

th« money of cu ] ars then and there to be fold, at which time the fheriff or fuch other perfon as 

this btate only, J r 

and to none they fhall reflectively appoint fhall fell the fame by auction for the money of this 
zenTlnd'inha- State only, and to the inhabitants being adlual citizens and refidents of, and within 
bitants thereof, the fame, and to none others. 

Board of com- VI. And the faid boards refpedlively fhall attend the fale of any fuch goods or 
tendfaks 3 keep c h att d s > and fhall caufe an entry to be made in their refpe&ive books of all and 
books of entries every the perfonal goods or chattels fo fold, and of the buyers names and places of 
cenffkatef S 'to abode, and of the prices for which they fold ; and for the further affurance thereof 
buyers. to the buyers, the faid boards refpectively fhall give a certificate under the hand and 

feal of the chairman unto the refpedtive buyers being inhabitants, citizens, and 
refidents of this State as aforefaid, and not tranfient, and of and belonging to any 
other State or government except as herein after is provided and excepced, fpecw 
Terms ef fale. fying the particulars by them bought, the prices and time of fale; and every fuch 
buyer fhall thereupon pay one fourth part of the amount of every fuch pur- 
chafe fo made by perfons within the defcription of this a£t to the faid boards 
refpeclively for the ufe of this State ; and fhall give good and fufficient fecurity by 
mortgage of the property fo purchafed, and alfo perfonal fecurity to be approved of 
by the faid boards refpe£tively for payment of the remaining part of the purchafe 
money within three years after, the day of fale with inte reft for the fame at the rate 
of eight per cent, per annum, to be paid in the following manner, that is to fay : One 
third part of fuch remainder at the end of one year, one other third part thereof 
at the end of two years, and the remaining one third part at the end of three years, 
together with the whole of the intereft at the end of each year refpectively to the ufe 
of this State, payable to the governor of this State for the time being, and all fuch 
Bonds taken to bonds fhall be recorded in the fecretary's office of this State within ten days after 
icaalrfi office tnev ma ^ be- delivered to the governor ' aforefaid ; and the faid refpedtive boards, 
being fatisfied with the payment of the faid one fourth part which fhall be depofited 
in the publictreafury for the ufe of this State, and of. the fecurity given for payment 
of the remainder within the time aforefaid, fhall forthwith order the particulars fo 
bought, paid for and fecured, to be delivered to the buyer or buyers, his, her or 
their affigns ; and in cafe any perfon or perfons, who fhall be the higheft bidder for 
any fuch perfonal goods or, chattels fo expofed to fale as aforefaid, fhall make any 
default in payment of the faid one fourth part of the purchafe money, or in giving 

approved 



LAWS OF GEORGIA. 215 

approved fecurity as aforefaid, for payment of the remainder within the times afore- A. D. 1778. 

faid, the faid boards refpectively Avail and may order the refpective fheriffs or fuch Bu e ° r ' sn 2 4 t ^' on ,. 

other perfon as they (hall refpectively appoint, to proceed to a new fale of all and plying with the 

every fuch perfonal goods or chattels for which fuch default fhall be made unto any ' e r ^ p Urc haf- 

other perfon or perfons as if no fale thereof had before been made. ed to be re-fold. 

VII. Provided neverthelefs, That no one perfon, or any perfon for his or her be- Provifo. 
nefit, or ufe, fhall have a right, or be permitted out of any or all the fale or fales which No P" r ° n t0 

' ' . . purchafe more 

{hall or may be made under, or by virtue of this act, more than twenty-five negroes than twenty- 
above the age of fifteen years ; and all purchafes of a greater number of negroes above bovethfaee of 
that age by any one perfon, or any perfon for his or her ufe are hereby declared frau- fifteen years. 
dulent and void, and any and all negroes above that age and number which fhall or 
may be fold contrary to the intent and meaning of this act fhall be demanded and taken 
from any fuch purchafer, and again expofed to public fale. 

VIII. Provided alfo, That any of the inhabitants and citizens of any of the United Provifo. 
States who fhall actually come within this State with notorious intent to fettle in the ther States < 



5 com 



fame, may be allowed to become purchafers at any of fuch fales, within tl-e reftric- inghere to fet- 
tions aforefaid : And provided further, That no purchafer may be allowed, or permit- p urc hafers. 
ted to remove any fuch flaves fo purchafed as aforefaid without the limits of this Negroes par- 
State, and that in cafe any perfon fhall, contrary to the intent and meaning of this r e moved°out of 
act, within twelve months after the palling and publication of the fame, remove or the State- 
carry from without the limits of this State any negro or negroes fo purchafed as 
aforefaid, fuch perfon or perfons fhall for fuch offence, forfeit double the value 
thereof, to be recovered by fuit at law, to the ufe of this State. 

IX. And be it further entitled by the authority aforefaid. That all and every perfon or Claims to con- 
perfons being friends to the independency of this State, who fhall claim or pretend ty t0 be exhi- 
to claim any right, title, or intereft of, in or to any fuch real eftate of any perfon ^ lted m fistv 

days or be bar - " 

herein and hereby attainted in and by this act, fhall within fixty days next after the red, 

paiTing and publication of this act, by his, her or their attorney or otherwife, prefer 

and exhibit the fame to the faid boards reflectively, and in cafe no claim fhall be 

preferred and exhibited within the faid fixty days of, in or to any fuch real eftates 

of perfons attainted in and by this act, all and every fuch eftate or eftates fhall be 

deemed free of incumberances and charges ; and the faid boards refpectively, may 

and fhall proceed to give public notice in writing, of at lead forty days, for the fale Forty days ho- 

■of fuch eftates, in like manner as is required in and by this act, in refpect to the fale e ^t d 

of perfonal goods and chattels. 

X. Provided neverthelefs, That in cafe it (hall appear to any future legiflature, that What perfons 
any infant or other perfon being friends to the independency of this State, from bit t ^ eir c ] a ; ms 
being under age or from any other unavoidable obftacle, could not prefer or exhibit may be relieved 
his, her or their claim or claims of, in or to any fuch real eftates to the faid refpective lure . 
boards, within the faid fixty days, it fhall and may be lawful to and for any fuch 

houfe of affembly to give and grant to any fuch aggrieved perfon or perfons, fuch 
relief and redrefs as fhall be deemed equal to the real value of all and every fuch 
claim and claims, any thing contained in this act to the contrary in any wife not- 
withftanding. XI. 



2i6 



DIGEST OF THE 



XL And provided a/fo, That all fuch claimants (hall have and be entitled to every 
advantage of being heard by counfel or otherwife, before the faid refpective boards* 



A. D. 1778. 

No. 248. 
Claimants may- 
be heard by as any iucn claimants may think lit. 

counfel, xil. And provided further y That all, any,, and every fuch claimant or claimants,, 

And may appeal W ^ Q ^jj or m ^ discontented with the determination of any of the boards re- 

to the superior 1 » 

court, fpectively, fhall have the right of appealing from the fame to any of the fuperior 

courts of this State within the refpective counties. 
Real eftates to XIII. And to the end that all fuch real e Hates fo fold as aforefaid, may the more 
vearfenfdit fix effectually be fecured, allured, and confirmed to the refpective buyers ; Be it enacted 
jHrcent.intereQ. by the authority aforefaid^ That the faid boards refpectively, fhall caufe the refpective 
fheriffs or fuch other perfons as fhall be appointed by the refpective boards, imme- 
diately after good and fufficient fecurity as aforefaid fhall be given and taken from the 
refpective buyers, payable within five years next after any and every fuch fale, to the 
governor of this State, for the time being, fuch fecurity to be approved of by the faid 
boards refpectively, together with an interelt of fix per cent, payable annually to 
the governor as aforefaid, that then the faid refpective fheriffs or fuch other perfon* 
as fhall be appointed by the faid refpective boards, fhall at the proper coils and 
charges of every fuch purchafer, fign, feal, and execute to every fuch purchafer> 
giving fecurity good and fufficient deeds of leafe and releafe, for bargaining,, felling, alluring, releaf-. 



Titles to be 
made to pur 
chafers on their 



a» recjuired by 
this a& 



To be endorfed 
by the cammif- 
iioners. 

Suits to be in. 



mg, conveying and confirming to every fuch purchafer, his, her, or their heirs and- 
affigns for ever, every fuch tract, of land or plantation fo to be fold and purchafed* 
under and by virtue of this act,, as herein before is mentioned and directed; which; 
faid deeds of leafe and releafe fhall be certified by the refpective boards, by an en=. 
dorfement on the deed of releafe,. fpecifying the actual fale of the premifes, the con- 
fideration or purchafe money, and the purchafer's name. 

XIV. And be it further enaEled by the authority aforefaid^ That all fuits which fhall 
the name of die or may be commenced or. caufe to be commenced in any of the courts of this State; 
s ° by any of the faid refpective boards under and by virtue of. this act, fhall he in the 

name of the governor in truft for, and on behalf of this State* 

XV. And be it further enacledby the. authority afore/aid, That all bonds, bills, notes* 
conveyances! by leafe and releafe or otherwife, transfers, exchanges, fettlements, in 
truft or otherwife, of any fuch eftates, real or perfonal, of, or belonging to perfons 

made, declared hereby attainted, made or entered into before or Cnce the faid nineteenth day of 

vulid 

April, in the year of our Lord one thoufand feven hundred and feventy-five,. beings 
fair,, and for bona fide and valuable consideration, and not intended to fecure and 
keep the fame from forfeiture and confifeation, fhall.be deemed and held valid in. 
law, any thing herein contained to the contrary no twithftanding : Provided never- 
thelefsy That the faid refpective boardsfhall have and exercife.the powers, of examina- 
tion and enquiry, by fending for perfons, papers, and authenticated copies, of records,, 
by adminifiering oaths,, and otherwife to difcover any and all collufions- and frauds ; 
and all deeds and writings- of what nature, or kind foever which fhall appear to have 
been made with intent to fecure any fuch eftate real or perfonal, from forfeiture and: 
confifeation, is and are hereby adjudged and declared fraudulent and void. 

XVI.. 



Bonafde fettle - 
mentSjfales, &c. 
of fuch eftates, 
heretofore 



CommifRoners 
empowered to 
make enquiry 
therein. 



« 



<( 



<< 



<« 



<c 



LAWS OF GEORGIA. 



XVI. And iv Joe nets the well managing of the faid forfeited eftates, is oi the utraoit 
confequence to the fafety and prefervation of this State, Be it therefore enacled by the 
authority afore/aid, That the feveral commiffioners nominated by this act, for the fel- 
ling and difpofing of the faid forfeited eftates, fhall each of them before they enter 
on the execution of their office, take the following oath before any magiftrate of the 
refpective counties, not being a member of any of the faid refpective boards. " I A. 

B. do folemnly fwear that I will to the beft of my fkill and judgment, faithfully 
and honeftly execute and perform the feveral and refpective duties required in and 
by an act of the general affembly of this State, entitled ' An a£t for attainting fuch 
perfons as are therein mentioned, &c. as commiffioner for the county of 
So help me God." 

XVII. And for the more effectual fecuring the benefits arifing on fuch eftates, 
Be it enacled by the authority aforefaid. That the faid commiffioners, and each of them 
fhall give good and fufficient fecurity to the governor for the time being, in truft for 
the ufe of this State, for the due and faithful peformance of the truft repefed in them, 
in proportion to the eftates fo intruded to them, in manner and form following, that 
is to fay: 

Each of the commiffioners of the county of Chatham, five thoufand pounds. 

Each of the commiffioners for the county of Effingham, two hundred pounds. 

Each of the commiffioners for the county of Burke, one hundred pounds. 

Each of the commiffioners for the county of Richmond, five hundred pounds. 

Each of the commiffioners for the county of Wilkes, one hundred pounds. 

Each of the commiffioners for the counties of Liberty, Glenn, and Camden, five 
hundred pounds : 

Provided neverthelefs, that no one commiffioner fhall be fecurity for another com- 
miffioner. 

XVIII. And be it further enacled by the authority aforefaid, That the refpective boards 
do, and they are hereby required to correfpond with each other, and to fettle differ- 
ent and diftant days for felling any of the eftates, real or perfonal, which fhall or may 
be fold under and by virtue of this act ; and in order that all or any of the inhabi- 
tants of the feveral counties may attend any fuch fales. 

XIX. And to the end that all monies arifing by means of all and every the fale 
and fales, rents, iffues, and profits of any fuch eftate fo veiled in this State as afore- 
faid may be feeured and applied to the ufes and purpofes directed by this act, Be it 
therefore enacled by the authority aforefaid) That the faid refpective boards fhall and 
they are hereby directed and required to pay into the public treafury of this State all 
and every fum and fums of money which fhall or may come into their hands refpec- 
tively by means of any fale, or fales, rents, iffues and profits as aforefaid within ten 
days next after the receipt of all and every fuch fum of money by the faid refpective 
boards : And the treafurers of the fame for the time being, are hereby directed and 
required to make and fubferibe three receipts for every fuch fum of money of the 
fame tenor and date, and to deliver one of fuch receipts to the governor for the time 
being, one to the faid refpe&ive boards, and the remaining one fhall be lodged in 
the fecretary's office of this State. 

E e XX. 



217 

A. D. 1778. 

No. 248. 
To be fworn. 



Their oath. 



Severally to 
give bond and 
fecurity to the 
governor. 



Days of fak, 
how appointed. 



All monies a- 
rifing from fales 
rents &c. to be 
paid into the 
treafury. 



218 



DIGEST OF THE 



A. D. 1778. 

No. 248. 
Vacancies in 
any board, how 
filled. 



Compenfatinn 
to fheriffs, &c* 
in the feveral 
counties for fel- 
ling under this 
act. 



To give fecurity 
payable to the 
govtrnor. 



Wives and chil- 
dren ol perfons 
attainted may 
be allowed fup- 
}*rt out of their 
eltatcs. 



Provifo. 



Appropriation 
of monies arif- 
ing from fates, 



XX. And be it further enabled by the authority aforefaid. That in cafe any of the 
commiffioners appointed in and by this act fhall die, or refign their appointment,, 
refufe or neglect to aft in the recefs of the legislature, then the governor and coun- 
cil for the time being are hereby authorized and empowered, to appoint fome proper 
and difcreet perfon or perfons to act in the room, or ftead of any fuch perfon or per- 
fons who fhall or may die, or refign, refufe or neglect to act as aforefaid; 

XXI. And whereas, the fheriffs' of the feveral counties, or fuch other perfon or. 
perfons who fhall fell any part of the confifcated eftates will be put to confiderable 
trouble in felling the feveral eftates ordered to be fold by this act, and it is but juft 
and right they fhould receive an adequate compenfation for the fame, Be it therefore 
enabled by the authority afore/aid. That the feveral fheriffs, or fuch other perfon or per- 
fons, who fhall fell at public outcry the feveral eftates directed to be fold by this act,, 
or any of them, or any part of them fhall be allowed for their trouble therein the 
following commiffions, viz :— To the fheriff, or fuch other perfon or perfons who 
fliall fell the faid eftates in the county of Chatham, five millings on every hundred 
pounds value fo fold received and paid ; and to the fheriffs, or fuch other perfon or 
perfons who fhall fell the faid eftates in the counties of Effingham, Burke, Richmond, 
Wilkes, and Liberty, Glynn, and Camden, fifty {hillings on every hundred pounds, 
value fo fold, received and paid, in each of the faid counties, to the amount of ten 
thoufand pounds ; and for all fums above the amount of .ten thoufand pounds,, five 
fhillihgs on every hundred pounds value fo fold, received and paid; 

XXII. An4 to the end that all monies arifing from the faid fales may be more effec- 
tually fecured and applied to the public ufe : Be it therefore enabled by the authority 
aforefaid, That the refpective boards are required to demand a reafonable fecurity of 
the refpective fheriffs or other perfons, for the due and faithful performance of their 
offices in felling the eftates both real and perfonal, forfeited, and confifcated by this 
act and directed to be fold, which fecurity fhall be made payable to the- governor for 
the time being, in truft for the State, and fhall be filed in the fecretary's office of the 
fame, there to remain as matter of record. 

X'Xin. And be it further enabled by the authority aforefaid,' That the faid refpective 
boards be, and they are hereby authorized and empowered to allow and appropriate 
any part or parts of the eftate or eftates, real or perfonal, of every perfon or perfons 
attainted in and by this act, who hath, or have left a wife or wives, child or> children 
behind him or them, and who are yet and fhall continue to remain within this State 
for the fupport and maintenance of fuch wife or wives, child or children : Provided,\ 
that fuch allowance and appropriation do not exceed- the one half part of any fuch 
eftate, except in cafes where the one half part of any fuch eftate fhall be found to 
be infufficient for thefe purpofes, that then and in every fuch cafe it fhall and may be 
lawful for the faid refpective boards to allow and appropriate to the purpofes aforefaidi 
any further part, or the whole of any fuch eftate, or eftates. 

XXIV. And be it further enabled by the authority aforefaid, and it is hereby enabled 
and declared,. That all fum and- fums of money, arifing from all and lingular the fales 
of both real and perfonal eftates, fo to be made, as aforefaid, fhall be employed 

towards 



' LAWS OF GEORGIA. 2x9 

towards calling in, and finking the certificates and bills of credit vffued by this State A. D. 1778. 
for the public defence and fecurity, and towards defraying and discharging the quota N <" 24S. 
•of this Sate of the expences and difburfements of the United States in the prefent 
war with Great Britain j and the remainder of the fame fhall be appropriated as a 
fund for the future Support of this State, fubjec"t to the difpofal of the general aflem- 
bly of the fame. 

XXV. And be it further enacted by the authority afare/aid, That this mail be deemed Public ad, per. 
a public act, and may be given in evidence in any of the courts of record within °"* d "heeene- 
this State without any fpecial pleading ; and in .cafe any perfon fhall be fued or im- ralifluc. 
pleaded for any thing done under this a£l, and judgment by verdict, or otherwife fhall 
be paffed againft him, fuch perfon fhall recover double cofts. 

N. W. JONES^ Speaker. 

■Savannah, March ifl, 1 778L. 




f An Aft for opening and regulating the fuperior courts in the feveral Na . 245 . 
counties of t hit State, and for the more convenient adminif ration 
ofjufice in the fame, agreeable to the conftitution thereof. 

"HEREAS by .the conftitution of this State, circuit courts are eftablifhed Preamble, 
and directed to be held in each county, by the ftyle and title of a fuperior 
-court, wherein all caufes of what nature or kind foever are to be tried, except as in 
the faid conftitution excepted : And ivhereas fome doubts may arife with the juftices 
in each county, whofe duty it fhall be to affift in holding fuch courts, whereby the 
bufinefs of fuch courts may be greatly retarded ; for the prevention whereof, and 
in order to carry the faid conftitution into full force and effect, 

I. Be it enacted by the representatives of the freemen of the State of Georgia in afembly Affiftant judges 
met, and by the authority of the fame, That Jofeph Clay, William O'Brien, James Max- "JJ gJ^ for 
well, and Phillip Box, Efquires, juftices of the peace for the county of Chatham ; counties, 
.and John Adam Treutlen, Abraham Ravot, Benjamin Lanier, and William Holzen- 
dorf, Efquires, juftices of the peace for the county of Effingham ; and John Thomas, 
Edward Telfair, David Lewis, and Daniel M'Murphy, Efquires, juftices of the 
peace for the county of Burke ; and John Walton, James M'Farland, Dionyfius Wright, 
and William Few, Efquires, juftices of the peace for the county of Richmond ; and 
William Downes., Zachariah Lamar, Benjamin Catchings, and Abfalom Beddel, 
Efquires, juftices of the peace for the county of Wilkes; and Parmenas Way, John 
Graves, John Mitchell, and Samuel Saltus, Efquires, juftices of the peace for the Superior court 
county of Liberty, fhall be affiftant and affociate judges with the chief juftice of this pnfdi&jcai. 
State, to hold the feveral fuperior courts in the refpettive counties, for which they 
the faid judges are appointed ; and fhall have full power and authority to exercife 
jurifdicHon, and have cognizance of all pleas civil and criminal, and of all caufes of 

what 
* Sec a.fh of 1702, No. 270, and of 1786, No. 344. See alfb note at the conclufion of this ad. 



220 



DIGEST OF THE 



A. D. 1778. 

No. 24 <). 

Piovifo. 
Any jufticemay 
aflift in the laid 
tourts. 

Rules of court. 
Writs and other 
procefs how if- 
i'uedand return- 
able. 



To be directed 
to, and ferved 
by flu riffs of the 
county where 
defendant re- 
fides, and there 
ended. 



Superior court 
how to proceed 
with the jury. 



Judgment to be 
according to the 
verdict of tha 
jury. 

Execution a- 
gainft the body 
or goods, unlefs 
appeal be enter- 
ed agreeably to 
theconflitution, 
in ten days. 



Petition how to 
be drawn and 
figned, and to 
be ferved twen- 
ty days before 
court . 



Bail how to be 
taken fubject to 
order of court. 

Superior court 
judgetin equity; 



what nature or kind foever, according tothecuftom and ufage of courts of law and 
equity, at fuch times, and in fuch way and manner as is directed by the constitu- 
tion aforefaid : Provided, nothing in this act is intended or meant to prevent any of 
the juftices in the refpective counties from amfting in the faid courts : And that the 
faid courts fhall and may, from time to time, make rules -and orders (not contrary 
to any thing herein contained) for the regular and more convenient conducting and 
effectual difpatch of bufinefs therein, as to the fame fhall feem neceffary and pro- 
per ; and all writs, and other procefs, in civil actions, triable in the faid courts* 
fhall iffue either from the chief juftice, or fenior affiftant judge of the county, where 
fuch court mall be held, and be returnable at leaft twenty days before the fir.fl fitting 
of the court, and be directed to all and fingular the fheriffs of this State, and be 
ferved by the fheriff, or his deputy, for the county where the defendant fhall or 
may be found ; and all proceedings thereon fhall be carried on in the county wherein 
the defendant refides, until the caufe fhall be at iflue, and finally concluded and 
determined \. and that in all capital cafes, the faid judges fhall have power to refpite 
execution until thirty days after fentenee. 

II. And be it further entitled by the authority aforefaid, That it fhall and may be 
lawful for the faid judges, in the faid fuperior courts, to proceed with a jury in 
fummary Way, on petition, in all difputes' of a civil nature, cognizable in the faid 
court, for any debt or damages, or any fum of money above ten pounds (except 
where the titles of land or other real eftate may come in queftion, in which fuit 
the plaintiff and defendant fhall have the benefit of all matters in the fame manner 
as if the fuit was commenced in the ordinary forms of common law and equity here- 
tofore had and ufed) and the faid judges are hereby required fo to do, and to give 
judgment according to the verdict of the jury, and in the fpace of ten days 
afterwards, where the cafe fhall fo require, award execution, together with cofls,- 
againff the body or goods of the party againft whom a verdict fhall pafs, unlefs an. 
appeal is made by either party agreeable to the conftitution, in which cafe the caufe 
fhall be reheard in the appeal, in the fame fummary way as is herein expreffed and 
pointed out for the flrft trial, and on final judgment, execution fhall be granted,. 
where the cafe may fo require as aforefaid ; and that the petition fhall contain the: 
plaintiff's charge, complaint, allegation, or demand, plainly and diftinctly fet forth,, 
and be figned by the party or his attorney, and a true copy thereof fhall be perfonally 
ferved, or left at the, defendant's ufual and notorious place of abode, by the fheriff 
or his deputy, for the county where the caufe is determinable, twenty days before 
the firft fitting of the faid courts ; and where bail is required, an affidavit fhall be 
made of the debt or damages, and endorfed on the petition, in which cafe the fheriff 
fhall take a bail bond in double the value of the debt, which fhall be fubject to the 
order of the court. 

III. And whereas many cafes may happen wherein the title of land and other im- 
portant matters may require an equitable determination, Be it therefore enacted by the 
authority aforefaid, That where any cafe which may or heretofore was cognizable in 
a court of equity fhall happen 3 the fame fhall be introduced by way of petition, to. 

the 



LAWS OF GEORGIA. 



^21 



the fuperior court of each county, as the cafe may require, which court is empowered 
to determine finally on all fuch caufes as courts of equity have heretofore ufually 
done, any thing in this act to the contrary notwithftanding. 

IV. And be it further enabled by the authority afore/hid, That in every civil action 
commenced and depending in the faid fuperior courts, the refpe<Stive officers of the 
faid courts fhall be entitled to the following fees, (except the fame be a fpecial court 
called for a particular purpofe, in which cafe the like fees fhall be allowed, and taxed 
by the chief juflice, or any one of the affiftant judges of the county wherein the caufe 
fhall be tried, as have in fuch cafes been hitherto accuftomed) to wit : The chief jus- 
tice, or in his. abfence, the fenior afliftant and affociate judge presiding at the faid 
courts, fifteen fhillings ; the attorney, one pound *, the clerk of the court, fifteen 
fhillings j the fherifF, ten fhillings :. Provided neverthcfefs, That in cafe the defendant 
.fhall fuffer execution to iffue againfl him, and a levy and fale made thereon, the 
fheriffs fhall, on fuch levy and fale, be entitled to the following fees, to wit : For 
mileage, per mile, four-pence j. for levy, ten fhillings ; for commiflions on the fale, 
five per cent, on all fums above j for conveyance, (if the fale be of real eflate) one 
pound. 

V. And be it further enabled by the authority aforefuid, That all fheriffs, before they 
enter upon the execution of their offices, fhall take the oaths of office, and give 
bond with fecurity, for the fum of two thoufand pounds, to the governor or com- 
mander in chief of this State for the time being, for the due and faithful difcharge 
and execution of their faid offices-, and the faid bonds fhall remain in the clerk's 
office of the faid county for which fuch fheriffs are appointed, and may be fued for 
by order of the faid court, for the fatisfattion of the public, and all private perfons 
aggrieved by the mifccnducl: of the faid fherifF. 

VI. And be it further enacted by the authority afore/aid, That the faid fheriffs fhall, 
by themfelves or their lawful deputies refpeclively, attend all the courts hereby ap- 
pointed or directed to be held within their refpec~tive counties, and fhall have the like 
powers and authorities, and they and their under fheriffs and gaolers be fubjett and 
liable to all actions, fuits, fines, -forfeitures, penalties, and difabilities whatfoever, 
which any fherifF, under fheriff, or gaoler, is fubject or liable to, or may incur by 
the laws and flatutes of Great Britain, as have been heretofore ufed in the then pro- 
vince, but now State of Georgia, for and in refpect of tire efcape of prifoners, or 
for or in refpecF of any other matter or thing whatfoever, relating to or concerning 
their feveral and refpetlive offices ; and no fherifF, under fheriff, fheriff's clerk, or 
other fheriff's officers, fhall adt, as an attorney in his own name, or in the name of 
any other perfon, or be allowed to plead or practice in any of the courts of this State, 
during the time he is in any fuch office. 

VII. And for the cafe of fheriffs with regard to the return of prccefs, Beit enabled 
by the authority aforefaid, That the fherifF of each county fhall, at the expiration of his 
office, turn over to the fucceeding fherifF, by indenture and fchedule all fuch writs 
and procefs as fhall remain in his hands unexecuted, who fhall duly execute and 
■return the fame ; ; and in cafe any fuch fheriffs fhall . refufe or. neglect to turn over 

fuch. 



A. D. 1778. 

No. 249, 
Coflsof fuit. 



Sheriff's fees on 
executions. 



To be fworn 
and give bond 
with fecurity. 



Their powers, 
and how liable* 



Not toacl: asat-- 
toinies. 



And at the ex-- 
piration of their 
officers to turn-, 
over all procefs, 
&c. to their fuc- 
ceffors, ether- 
wife liabletoda- 
niages and »of\s.. 



I 

■4fc 

222 DIGEST OF THE 

A. D. 1778. fuch procefs in manner aforefaid, every fuch fheriff to neglecting or rcfuG/ng, {kali 

No. 249. be liable to make fuch fatisfacYion by damages and cods, to the party aggrieved, as 

To deliver up he, fhe or they, (hall fuftain by fuch neglect or refufal ; and the faid fheriff fliali 

with^the 3 pri- ' l ^° deliver up to his fucceffor the cuftody of the gaol, and the bodies of fuch pei-- 

foners. fons who fhall be confined therein, and the caufe of their detention; and all writs 

Procels, &c. a- aa( i p roce f s brought again ft any fheriff fhall be directed to the coroner of the faid 

gamlt ihenn to 1 ° . 

be directed to county where fuch fheriff refides, 'returnable to the faid fuperior courts-, and, where 
coroner. ^ ca f e iria ]| fo require, execution fliali alfo be levied hy fuch coroner. 

Grand and petit VIII. And be it further enabled by the authority aforefaid. That as foon as maybe 
jurors to be free a f ter tne paffing of this ac~t, the faid juftices fliali caufe lifts of jurors, for the trial 
of civil and criminal caufes., and grand jurors to be made for each of the counties 
aforefaid, who are freeholders ; and that all perfons who are to be returned for the 
trial of civil and criminal caufes in the faid fuperior courts, fliali every of them have 
and be feized of fifty acres of land, in their own right, in fee fimple, fee tail, or for 
the life of thentfelves, or fome other perfon^ or fhall be a houfeholder, and feized 
in like manner of a town lot in fome town or townfhip in the county wherein he fliali 
be returned to ferve ; all which perfons having fuch eftate as aforefaid, are hereby 
enabled and made liable to be returned and ferve as jurors for the trial of civil and 
criminal caufes aforefaid ; and if any perfon of a lelTer eftate fhall be returned upon 
any fuch jury, it fliali be a good caufe of challenge, and the party returned fhall be 
difcharged upon the faid challenge, or upon his own oath of the truth of the faid 
matter. 
Grand jury lifts ^- And be it further enabled, That all perfons returned to ferve as grand jurors 
how to be made a t the faid fuperior courts fliali every of them have and be feized of not lefs than 
two hundred and fifty acres of land, in their <3wn right, in fee fimple, fee tail, or 
for the life of themfelves or fome other perfon, or fhall be in the commiflion of the 
peaces and the faid affiftant aad affociate judges are hereby required to regulate and 
corre£t the feveral lifts of freeholders annually, by particularly fpecifying therein, 
in diftincT: columns, the perfons moft able and difcreet, and qualified as aforefaid, to 
ferve as grand jurors, together with their titles, additions, and places of abode ; 
which lifts, fo corrected, the faid judges fhall tranfmit to the clerk of the counties 
refpe€tively, firft attefting fuch lifts under their hands, 
juries in what -^ -^- H ^ ^ e it further enabled by the authority aforefaid. That the clerks of the feve- 
manner to be Ta l counties fhall, immediately after the receiving fuch lifts, fairly enter the fame in 
a book for that purpofe to be provided, diftinguifhing in feparate columns the per- 
fons returned qualified to ferve as grand jurors, and thofe for the trial of civil and 
criminal caufes as aforefaid, and that the names of the feveral perfons fo returned fhall 
be written on feparate pieces of paper, and the faid judges fhall caufe a jury box to 
be made for the faid courts, to be provided at the public expense, and fuch jury 
lifts fhall be put in the faid boxes reflectively ; which boxes fhall remain in the 
charge of the* clerks of the refpe£tive counties, and be locked with the keys of any 
one of the faid affiftant and affociate judges and the clerk of the county ; and the 
aames of ail the perfons returned qualified to ferve as grand jurors fliali be put into 

an 






LAWS OF GEORGIA. 223s 

an- apartment of the faid box, to be marked with the number one j and the names A. D. 1778, 
of thofe perfons returned for the trial of civil and criminal caufes as aforefaid, (hall No « 2 4 8 - 
be put into an apartment of the faid box to be marked with the number three, 

XL And be it further enabled by the authority aforefaid, That no juror whatfoever To be donebe- 
fhall be drawn or impannelled but in the prefence of one of the affiftant and alTo- ;°!w s e " ' 
ciate judges and the clerk of the county : Provided always, That in cafe of death, 
ficknefs, or other unavoidable accident, ocoafioning the abfence of either of the 
faid parties having the cuflody of the faid keys, that then the key of fuch abfentee- 
fhall be committed to, and. remain in the cuflody and care of any other of the faid 
affiftant judges for the county. 

XII. And be it further enatled by the authority aforefaid, That the faid affiftant judge Thirty-fix to be 
and clerk of the county, or perfons- having the cuftody of the keys as aforefaid, j urors; and 
(hall, on the adjournment day of the faid fuperior courts to be held in each county, thirty-fix for 
caufe to be drawn, by fome indifferent perfon, out of the divifion or apartment of 

the faid box marked with the number one, thirty-fix of the papers or ballots, one 
after another, and the perfons whofe names fhall be wrote therein fhall be the- 
grand jurors to ferve on the grand inqueft at the fuperior courts next enfuing ; and' 
fo repeatedly until all of the faid papers fhall be drawn out of the faid divifion mark.- 
ed with the number one ; which papers, from time to time, as they are drawn out 
of the faid divifion, fhall, after an account is taken of the names therein written,, 
be rolled up again, and put into a divifion to be marked with the number two; and 
when all the papers or ballots are drawn out of the divifion number one, then rhey' 
mail in like manner be drawn out of the divifion number two, and returned into the 
divifion number one, and fo alternately, from time to time, as the faid papers fhall. 
be all drawn out of either of the faid divifions ; and the faid affiftant judge, imme- 
diately after the drawing of the grand jurors, fhall in like manner caufe to be drawn,. 
out of the divifion or apartment of the faid box to be marked with the number three,, 
thirty-fix of the faid papers, and the perfons- whofe names fhall be wrote tlferein- 
fhall be the jurors to ferve on the petit jury for the trial of civil and criminal caufes,. 
and fo from time to time until all of the papers fhall be drawn out of the divifion, , 
number three, which, as they are drawn out of. the faid divifion, fhall, after an 
account is- taken of the names- therein written, be rolled up again and put into the. 
divifion marked with the number four ; and when all the papers are drawn out of the. 
divifion number three, then they fhall in like manner be drawn out of the divifion 
number four, and returned into the divifion number three, and fo alternately, from- 
time to time,, as the papers or- ballots fhall be all drawn out of either of the faid 
divifions. 

XIII. And be it further enabled by the authority aforefaid. That the names of. the And irnmedi- 
feveral jurors, fo to be drawn in manner aforefaid, fhall, immediately after they are. a look" by C th e 
drawn. out, be entered by the clerk of the county, who fhall attend the. drawing as : ilerk. 
aforefaidj in the minute book of the faid fuperior court. 

XIV. And be it further enacted by the authority aforefaid. That the clerk of the 
county (hall annex a. panne), containing the names of the jurors drawn to. ferve on- 

the. 



s 1+ DIGEST OF THE 

A. D. 1778* the grand inqueft, exacYiy tranfcribed from the faid minute book, to the precept for 

No. 249. fummoning the grand jury -, and fhall alfo annex another pannel of the names of the 

Precepts and perfons drawn to ferve as petit jurors, for the trial of civil and criminal caufes, 

ftlnmdnfng ju- exactly tranfcribed as aforefaid, to the writ of venire facias to be iffued for fummoning 

ries how to be t he f a id petit jury, in the mandatory part of which faid writ of venire facias (hall 

be inferred the words following, to wit : " The feveral perfons named in the pannel 

to this writ annexed," which precept and writ of venire facias, with their feveral 

pannels annexed as aforefaid, (hall be delivered by the clerk of the court within 

three days after fuch juries being ballotted and drawn as aforefaid, to the fheriff of the 

county. 

Tobefunimon- XV. And be it further enabled by the authority aforefaid, That th& fheriff, or his 
ed by the fheriff , .,, r 1 • 1 • ...... J / ~, \ - 

at leart ten days lawful deputy, tor the time being, upon the receipt or every precept and writ of 
before court. venire facias, fhall caufe the feveral perfons whofe names are contained in the pannels 
thereto annexed, to be ferved with a fummons in writing ten days at leaft before the 
court at which they are to attend, which fummons fhall be in the following form, or 
Form of fum- m WO rds to the like effect : " By virtue of a precept, (or writ of venire facias) 
you are hereby fummoned to appear before the chief juftice and his affociates, at the 
next fuperior court, to be held at the court houfe in the county of on Tuef- 

day the day of next, at o'clock in the morning of the fame day, to 

be fworn on the grand jury, or petit jury, (or as a juror) for the trial of certain caufes 
then and there depending, and figned by the fheriff, or his lawful deputy, under for- 
feiture of pounds for every default." . 

Sheriff's returns XVI. And be it further enabled, That the fheriff or his lawful deputy, for the time 
howtobemade. . ,, , , - „ ,.-..„.,. 

being, fhall make due return or all precepts and writs or venire facias, and m every 

fuch return fhall fet forth the names of all fuch perfons as he fhall have fummoned 

by virtue of fuch writs or precepts, and the time when they were fummoned, and 

alfo the names of thofe perfons as he hath not fummoned purfuant to fuch precepts 

or writs, together with the reafon why they were not fummoned, on pain of being 

amerced, to the truth of which the fheriff, his deputies, or one of them, fhall make 

oath, if required. 

Clerk to enter XVII. And be it further enabled, That the clerk of the court fhal] make due entries 

the appearance j n t he minute book of the faid court, of the appearance of all jurors, and alfo fhall 

-jurors. enter and record the names of thofe who fhall make default in appearing. 

Defaulters of XVIII. And be it further enabled, That if any perfon, who fhall be drawn, empan- 

petit juries to be nelled, fummoned, and returned, to ferve as a juror at any of the courts aforefaid, 

good "caufe according to the direction of this acl:, fhall negledl or refufe to appear, or, if after 

fhewn— thofe of appearance, fhall refufe to ferve, or fhall abfent himfelf without leave of the court, 

grand, juries 

£10. then, and in fuch cafe, it fhall and may be lawful for the chief juftice, or prefiding 

judge, for the time being, to fine fuch perfon, not being a grand juror, in a fum 
not exceeding five pounds, and if a grand juror, in a fum not exceeding ten pounds, 
unlefs fuch juror making default, or refufing to ferve fhall fhew good and fufficient 
caufe of excufe to be made on oath before the chief juftice or one of the affiftant juftices 
of the county, within thirty davs after the court at which he was fummoned to appear. 

XIX ' 



LAWS OF GEORGIA. 



225 



XIX. And be it further enabled, That if at any of the faid courts, a fufficient num- 
ber of jurors fhall not appear of thofe who fhall have been duly fummoned, whether 
grand jurors or others, it fhall and may be lawful for the chief juftice, or prefiding 
judge, to order and direct the number deficient to be drawn by ballot out of the divi- 
fion of the box where the names of fuch jurors are depofited, and, in cafe of chal- 
lenge or non-appearance, to draw others out of the faid divifion, until the deficiency 
be made up by perfons then refiding or being near where the court is held, who, 
in cafe of abfenting themfelves or refufing to be fworn as jurors, fhall be fubject to 
the like fine as is herein before inflicted on jurors for not appearing when lawfully 
fummoned. 

XX. And be further enabled, That from the jurors to be fummoned and returned 
as aforefaid, for the trial of civil and criminal caufes in the feveral courts, a jury fhall 
be ballotted and drawn for every caufe, in like manner as has hitherto been ufed and 
accuftomed in the courts of law in this State. 

XXI. And be it further enabled by the authority aforefaid, That at the feveral times 
herein before appointed for ballotting jurors, the affiftant judge or juftices attending 
the fame, fhall, from time to time caufe to be examined, torn, and deflroyed, the 
rolls of paper that fhall be drawn, wherein are contained the names of any perfons 
who fhall be dead or departed the county ; and alfo (hall, upon the annual returns to 
be made as herein before is provided, caufe to be feledted all thofe names that have 
not before been returned, and to be written in ballots as before directed, and put 
into the box or cheft with the other jurors, agreeable to their refpedtive qualities : 
Provided always. That the following perfons fhall not be liable to ferve upon any 
jury directed by this act, to wit : Miniflers of the feveral churches or of any d'nTent- 
ing congregations, members of the executive council, or houfe of affembly ; fworn 
attornies, phyficians, furgeons, apothecaries, madmen, idiots, and fick perfons. 

XXII. And be it further enabled by the authority aforefaid, That the clerks of the 
refpective counties fhall, before they enter upon the execution of their office, take 
an oath before the governor and council or fome perfon authorifed by them to ad- 
minifter the fame, that they will well and truly demean themfelves in their faid 
offices, and be accountable for all records and other papers that may come into their 
hands in virtue thereof, without fraud, alteration, feduction, or embezzlement. 

XXIII. And be it further enabled by the authority aforefaid, That all fines, penalties 
and forfeitures, that fhall be impofed or recovered in any of the courts aforefaid, 
fhall be paid into the treafury, and appropriated and applied towards paying the feve- 
ral falaries granted to the officers of court, and in cafe they fhall be inl'ufficient for 
that purpofe, then the public treafurer of this State is hereby directed, authorifed 
and required, to pay the faid falaries annually, out of any monies lying in the trea- 
fury ; and that no perfon be held to bail on any writ or procefs, without an affidavit 
made before and attefted by fome judge or juftice of the peace, and endorfed on or 
annexed to the writ, before the fervice thereof, of the fum he really believes to be 
due; nor for any other caufe, without a judge or fenior juftice's order, on pro- 
bable caufe of action fhewed, and to be endorfed on or annexed to the faid writ, 
expreffing the fum for which fuch bail fhall be given. 

F f XXII. 



A. D. 1778. 

No. 249. 

Defecl of jurors 
by challenge 
andnon appear- 
ance, how to 
be fupplied. 



Jury to be bal- 
lotted and 
drawn for every 
caufe out of 
thofe fummon- 
ed and returned. 

Affiftant judges 
to examine and 
correct the lifts 
and rolls of ju- 
ries. 



Provifo. 

Certain perfons 
exempt from 
ferving on ju- 
ries. 

Clerks to be 
fworn. 



Fines and for- 
feitures how to 
be applied. 



Bail not to be 
taken without 
affidavit annex- 
ed to the wrir, 
or fpecial order 
of a judge. 



225 



DIGEST OF THE 



A. D. 1778. 

No. 249. 

Any one or 
more juftkes 
and clerk may 
in certain cafes 
adjourn the 
court. 



To be courts of 
record. 

Suitors and wit- 
nelies attending 
court, &c. free 
from arreft in 
civil cafes. 
State's attorney 
not attending 
court, may ap- 
point a fit per- 
fon to act. for 
him. 



Superior court 
to determine ail 
matters in dif- 
pute and caveats 
concerning the 
proving of vviils 
and granting 
''. ctters of.admi- 
s-jiftratioru 



Provifoi 



Public aift.-r-f 
Perfonsfuedfor 
any thing done 
under this adl, 
and prevailing, 
to recover doa- 
ble coils. 



XXIV. And' be it further enacted by the authority afire/aid, That in cafe by any una- 
voidable accidents, the faid courts (hall fail to be held at the times refpectively ap- 
pointed for holding the fame, the proceedings. fhall not be difcontinued, but that 
any one or more of the juftices and the clerk of the' faid courts fhall and may adjourn 
the faid courts from day to day, not exceeding four days, until the faid courts fhaii 
meet j and in cafe the faid court fhall' not meet and fit in that time, the faid juftice 
and clerk of the court as aforefaid, fhall adjourn the fame to the next court, to which 
time all caufes then depending fhall be continued over. 

XXV. And be k further en t Bed by the author hy aforefaid, That the faid feveral 
courts fhall, be courts of record ; and all perfons neceffarily going to, attending, or 
returning from the fame, fhall be free from arreft in any civil action. 

XXVI. And whereas it may fo happen that the attorney general for the State, can-, 
not attend at fome of the faid courts, to prepare or profecute indictments for cri- 
minal offences, Be it therefore enacted by the authority aforefaid> That in cafe the at-. 
torney general (hall not attend any of the faid courts, then any barrifter or attorney 
at law, or other fit perfon, may prepare and profecute indictments by leave and ap- 
pointment of the judges of the faid court, and be allowed the fame fees for his trou- 
ble therein as the attorney general is entitled to. 

XXVII. And whereas there are fome doubts refpecting the power of determining 
contefled wills, and application for. granting letters of adminiftration ;.. Be it there- 
fore enabled by the authority aforefaid^ That from and after the paffing of this act, the. 

chief juftice and four affiflant judges, or a majority in each: county of them, named 
in this act, fhall be and they are hereby appointed judges to determine in all matters 
of difpute concerning the proving of wills and granting- letters of adminiftration ; 
and, where any caveats have been heretofore entered and not determined, or fhall 
hereafter be entered in the regifter of probat's office, the faid regifter fhall, within 
four days after a written application made to him by either party, notify the fame in 
writing to. the faid chief juftice or affiftant judges, and they or a majority of them, 
are hereby directed and required, within ten days after fuch notification of the regif- 
ter, to meet at the court houfe (or at the place appointed by the faid judges for the 
fame) of the faid county, and proceed to hear and determine the faid caveats 
according to law and equity; and the determination/of the faid judges- respectively, 
or a majority of them fo met, fnall be binding and concluftve on all parties; Pro~- 
i-'ded, That nothing in this claufe contained fhall extend to deprive either party, who 
fhall be difiatisfied with any fuch determination, of bringing fuch caveat before the 
fuperior court of the county wherein fuch caveat. fhall.; be triable, in the manner aa. 
is directed by the conftitution. 

XXVIII. And be it further enabled by the authority afortfaid iv That this-: fhall be 
deemed a public act,, and may be given in evidence without fpecial pleading ; and if 
any perfon fhall be fued for any thing done in purfuance hereof^ and judgment fhall 
pafs for the defendant, either on verdict, non-fuit, or demurrer, or the plaintiff fhall , 
difecntinue his action, the defendant fhall recover double cofts. 



XXIX. 



LAWS OF GEORGIA. S27 

XXIX. And be it further enabled by the authority afore/aid, That this aft flfeH con- A.D. 1778. 
tinue and be in force for the term of three years, and from thence to the end of the No - a 49- 
then next feflions and no longer.* Continuation, 

N, W. JONES, Speaker, 

Savannah, March I-, 1788. | 

* This z&. appears to have bees comprehended in the general terms of the revival a&s of 1781, No. 363, 
and 1783, No. 279; and confidered in force until 1,789. It was then exprefsly repealed by aA of that year, 
•No. 429. It was, however, materially altered by intermediate acts of 1782, No. 270, and of 1786, No. 344. 



An Aft to prevent the dangerous confequences that may arife from the praftices of dif- No. 250. 
affcfted and other fufpicious perfons within this State. 
Temporary. 

March 1, 1778. 



An Acl for the better regulation of the militia, and for preventing the dangerous confe- No. 251. 

quences arifing from an invafton. 
Obfolete, 
May 2, 1778. 

Jin A Si for emitting thefum of one hundred and fifty thou/and pounds, No. 255. 
■and for fuppor ting the credit of the fame, and other emiffions hereto- 
fore made by monies arifing out of the fales of the forfeited efates ; 
and for other purpofes therein mentioned, 

I. II. III. I ^klRECTING the emiffion of the money, and providing for the fup- 
jL^ port of the credit of the fame. — Obfolete. 
IV. And whereas it is extremely neceflary that fome alterations and amendments 
mould take place in an a£t, entitled " An a£r. for attainting certain perfons therein 
mentioned, and confiscating their eftates real and perfonal, and for eftablifhing boards 
of commiflioners for the fales of fuch eftates, and other pupofes therein mentioned," 
patied at the iaft feflkm of the afiembly, with refpecl: to the perfons appointed therein 
to adr. as boards of commiflioners for the fale of the eftates forfeited, and confifcated 
therein, and alfo the powers which the faid boards of commiflioners derived under 
the aforefaid law ; to the end therefore that the fales of the faid eitates be carried into 
more effectual execution for anfwering the great and falutary purpofes intended by this 
law,and for obviating any doubts that may arife'refpecliing the fame, Be it further enatled Nomination of 
by the authority aforefaid, That all and every nomination of perfons contained in the comrni ^ lor: ers 
former aforei>ad law to a£l as boards of commiflioners for the fale of the faid a<a declared 
forfeited eftates be void, and null ; and every power which the faid commiflioners powers Therein 
derived under the faid law, is hereby declared null and void to all intents and pur- g^'en them re- 
pofes; and the faid boards of commiflioners fhall deliver up and furrender the faid pea ec 
• ' eftates 



.228 



DIGEST OF THE 



A. D. 1778. 

No. 35 a. 



Sales of forfeit- 
ed eftates to be 
made by the 
fheriff of Cha- 
tham county, 
under direction 
of the general 
affc-mby. 



Claims to he 
laid before the 
afTembly, or fil- 
ed in the fupe- 
rior court. 



Limitation 

thereof repeal" 
ed. 

Truftees ap- 
pointed for the 
ruftody andma- 
n:?gement of 
forftitedeltates. 



The feveral 
boards of com- 
miffioners to de- 
liver up all e- 
ftates, papers, 
&c. in their 
hands to the 
truftees. 



sheriffs to have 
perfonal eftatcs 
appraifed on 
teath". 



eftates both real and perfonal, and all manner of papers and other documents in their 
hands refpecting the faid forfeited eftates into the care, cuftody, and management of 
fuch perfons as are by this act appointed to receive the fame 5 and every part or parts 
of the faid before recited act, as far as the fame relates to the faid commiffioners, 
and the powers they were inverted with, are hereby accordingly repealed. 

V. And be it further enaEled by the authority aforefaid, That the fales of the faid 
forfeited eftates (hall be made by the fherifF, and fhall begin and commence on the 
fifteenth day of October next, in the county of Chatham, between the hours of ten 
and twelve in the forenoon, under the inspection and direction of the general aflem- 
bly; and the faid fales fhall be continued or adjourned from time to time and from 
place to place, according as the general affembly in its wifdom fhall then order and 
direct. 

VI. And be it further enaEled by the authority aforefaid > That every mode and method 
directed by the faid recited act for carrying in claims before the boards of commdffi- 
oners, fhall henceforth be purfued in the following manner, that is to fay ; that all 
and every fuch claim may be lodged with the clerk of the general aflembly to be laid 
before the houfe, or may be brought before the fuperior courts in the respective coun- 
ties by petition or otherwife, at the option of the faid claimants, and fhall there be 
tried as other caufes ufually are, by the constitution and laws of this State, and juf- 
tice fhall be done according to the true intent and meaning of the faid act as aforefaid j 
and the claufe in the faid recited act refpecting the limitation of claims is hereby re- 
pealed. 

VII. And be it further enaEled by the authority af or efaid^ Tnat the following perfons 
fhall be truftees for taking into their cuftody and management the faid forfeited eftates, 
Luke Mann, Thomas Maxwell, John Bohum Gerardeau, James Maxwell, Jofiah 
Dupont, William Maxwell, and Charles Odingfell for the county of Chatham ; John 
Adam Treutlen, Benjamin Lanier, Abraham Ravot and William Holzendorf, for the 
county of Effingham ; Devereux Gerard,. James Brown, Richard Berkuloe, and John 
Jones for the county of Burke ; William Glafcock, John Walton,. Seth John Cuth- 
bert, and Robert Walton for the county of Richmond ; Richard Aycock, Solomon 
Nufam, jun. and Daniel Celeman for the county of Wilkes j John Sandiford, Mofes 
Way, Francis Brown, William Peacock, and Samuel Saltus for the counties of Li- 
berty, Glynn, and Camden. And the boards of commiffioners (hall deliver up and 
furrender into the hands of the truftees appointed by this act, all the faid forfeited 
eftates, real and perfonal, and all and every the documents and papers refpecting the 
fame. And the faid truftees appointed by this act fhall have power to place guards, 
and do every other act which may tend to the better fecurity of the faid forfeited 
eftates. 

VIII. And be it further enaEled by the authority aforefaid^ That the fherifEs of the 
refpective counties fhall caufe the feveral and refpective forfeited perfonal eftates 
within their counties to be appraifed by three freeholders, on oath, within fix weeks 
from the palling of this act, and make a return thereof into the fecretary's office of 
this State* 

IX. 



LAWS OF GEORGIA. 229 

IX. And be it further enabled by the authority aforefaid, That if any perfon or per- A. D. 1778. 
fons mall felonioufly remove, or aid, abet, and afiift in felonioufly removing without ° Z5% ' 

the limits of this State, any part of the faid confifcated eftates ; every fuch perfon m c v e y an y part 
orperfons fo offending fhallbe deemed and adjudged felons^ and on conviction there 

of fhall fuffer death. State. 

JAMES WHITKFIELD, Speaker. 

Augujla, May 4th, 1778. 



of coiififcated e- 
flates out of the 



An Aft far raifing the fum of £12,000 for the ufe and fupport of the government of the No. 253. 
State of Georgia, for the year 1778, to be raifed at certain rates and after the method 
therein mentioned. 
May 4th, 1778. 
Obfolete. 



An Acl to alter and amend a claufe or claufes of an acl-, entitled " An No - % ^- 
at! for attainting fuch perfons as are therein named of high treafon, 
for confif eating their eftates, both real and perfonal to the ufe of this 
State-, for eftablifhing boards of commtffioners for the fale of Juch 
eftates-, and for other purpofes therein mentioned" and for the better 
and more effeclual carrying the other purpofes of the faid acl into 
execution. 

WHEREAS in and by an act of this State, paiTed for attainting perfons Preamble 
therein mentioned of high treafon, and for confifcating their eftates both 
real and perfonal, to the ufe of this State, for eftablifhing boards of commiflioners 
for the fale of fuch eftates, and for other purpofes therein mentioned. It is enacted 
among other things, that every buyer of perfonal goods, and chattels, fo directed 
to be fold, fhall pay one fourth part of the amount of every fueh purchafe fo made 
by perfons within the description of the faid act, to the faid boards refpectively for 
the ufe of the faid State, and fhall give good and fufneient fecurity, to- be approv- 
ed 1 of by the faid boards, refpectively, for payment of the remaining part of the 
purchafe money, within three years after the day of fale with intereft for the fame 
at the rate of eight per cent, per annum, to be paid in the following manner, that is 
to fay : One third part of fuch remainder at the end of one year, one other third 
part at the end of two years, and the remaining third part at the end of three years, 
together with the whole of the intereft at the end of each year refpectively, to the 
ufe of this State, payable to the governor of this State, for the time being ; And 
•whereas, it is directed that the real eftates of fuch perfons as are mentioned in the 
faid act of attainder and conhTcation fhall be difpofed of and fold at a credit of five 
years, paying intereft for the fame at the rate of &$per. cent ^ per annum. And whereas- 

the 



230 



DIGEST GF THE 



A. D. 17 78. 

No. 254. 



En'iCced. 
The manner 
and ferms of 
fale in the aft 
of attainder and 
confication re- 
pealed. 

Sheriffs of the 
feveral counties 
to fell perfonal 
eflates, all un- 
der ,£200 for 
cafli-— above 
that ium half 
cafh and one 
years credit for 
the other half 
on intereft. 
Land fecurity 
to be given — 4 
fer cent, allow- 
ed for further 
prompt pay- 
ment. 

Sheriffs to fell 
leal eflates— 
owe fourth to be 
paid at the fale, 
the balance in 
three equal pay- 
ments yearly, 
with 8 per cent. 
intereft. 
To t3ke mort- 
gages and other 
Security under 
infpection of a 
committee. 

And to execute 
titles to purcha- 
sers. 



the powers vefted m the faid feveral boards of commi{Fior>ers"appomted and conftitut- 
ed in and by the faid in part recited aft, are repealed, and the faid boards respectively 
abolifhed, and the powers and authorities given to the faid cornmiflioners, are, by 
a fubfequent acl of this State, veiled in the legiflature of this State •, And whereas, 
it is_deemed expedient for the advantage of this State, and the better to carry the 
purpofes of the faid acl: of attainder into execution, that the terms prefcribed in the 
faid in part recited aft, with regard as well to the fale of perfonal goods or chattels 
as the real eflate thereby directed to be fold, fliould be changed ; Be it therefore 
enabled, and it is hereby enabled by the reprefentatives of the freemen of. the State of Geor- 
gia in general afembly met, and by the authority of the fame, That from and immedi- 
ately after the paiTmg of this aft, the faid in part recited claufes of the faid aft of 
attainder and confifcation, be and they are hereby repealed.; and that in lieu of the 
terms mentioned in the faid claufes, the fherifFs of the feveral counties, for the time 
being, are hereby directed to expofe to public fale to the higheit bidder, the perfon- 
al goods and chattels of fuch perfons -mentioned in the faid aft. That all fums of 
two hundred pounds and under be cafh $ all above two hundred pounds to be half 
cafh ; the other half one year's credit with intereft from the delivery ; land fecurity 
to be taken for all fold on credit .; and four per cent, to be allowed for prompt pay- 
ment on the parts for credit, before the delivery of fuch goods and chattels. 

II. And be it further enabled by the authority aforefaid, That the faid fherifFs be, and 
they are hereby directed to fell and difpofe of the real eftate directed to be fold as 
aforefaid, to the higheft bidder, the oae fourth part of the purchafe money to be paid 
at the time of fuch fale, and the remainder in three equal payments, yearly, together 
with intereft from the day of fale, at the rate of eight per cent, per annum, and the 
faid fherifFs (under the infpeftion of a committee appointed by the houfe) are hereby 
directed to demand, and take of fuch buyer of real eftate, fo fold as aforefaid, good 
and fufficient fecurity by mortgage on the premifes, and other fecurity as may be 
necefFary for the fafety of this State, for the faithful payment of fuch remainder of 
purchafe money fo due and to be paid as directed by this aft. 

III. And be it further enabled by the authority aforefaid, That the refpeftive fherifFs 
in each county in the faid State, be, and they are hereby authorized and empowered 
to make and execute title or titles to fuch perfon or perfons as may purchafe any 
part or parts of the faid confifcated eftates, either real or perfonal, and that fuch 
title or titles be, and they are hereby declared to be valid in law. 

N. W. JGNES, Speaker. 
Savannah, Oclober 30, 1 778. 



.jj . C jj, An Acl for dividing the county of ' Ricbmwd into two battalion diflribls. 

November 15, 1778. 
ifcfotit*. 



An 



LAWS GF GEORGIA. 231 

An Acl to compel non-ref dents to return 'within a certain time, or in A. D. 1778. 
default thereof, that their ejiates be confifcated; an! for confifcating x °" * 5 
the ejiate of William Knox, Efquire, formerly provofi marfhal of the 
then province, novo State of Georgia. 

WHEREAS great indulgence hath already been granted to perfons refiding in Preamble. 
the dominions of the king of Great Britain, holding property within this 
State. And whereas it is neceflary that fuch perfons mould {hare with the good peo- 
ple of this State, the expence and danger of defending the fame, Be it therefore enacted EmicTed, 
by the reprcfentatives of the freemen of the State of Georgia, in general ajpmbly met, and *-" ates / .°,f P e . r * 
by the authority of the fame, That the eftates of all perfons above the age of twenty- Britifli domlni- 
one years, refiding in the dominions of the king of Great Britain, fituate and being ^ confifcated 
within this State,, who (hall not within twelve months next after the palling of this unlefs they 
act, come within the fame, and take and fubfcribe the oaths of the State as directed state Tnd'^iib- 
and required by the constitution and laws thereof, fhall be forfeited, confifcated, and fcribe to certain 
fold to the ufe of the State, and the monies arifing therefrom applied to the like ufes mont h s . 
as the monies arifing from the fales of the eftates under the act of attainder and 
eonfifcation : Provided that nothing in this act fhall be conflrued to extend to perfons 
difabled by a former act of this houfe, entitled " An act for attainting certain per- 
fons therein mentioned of high treafon, for confifcating their eftates both real and 
perfonal, to the ufe of this State." 

II. An d whereas William Knox hath, by a long train of inimical a£ts,. forfeited William Knox. 
all and every degree of right to protection of property within this State, and hath 

been very active in advifing and continuing the miferies and calamities with which 
the good people of this State have been afflicted. 

III. Be it further enacled by the authority afore faid^ That the eftate of the faid WiL- * iis eR - &te co f* 

uicated sficl 

liam Knox, both real and perfonal, be fold under the regulations of the act of attain- how to be fold. 

der, and the monies arifing from- the fales be applied to the ufes directed by the faid 

law. 

N. W. JONES, Speaker: 
Savannah, November 15, 17781. 



An Acl: to revive and continue the fever al acls therein referred to. No. 257, 

WHEREAS feveral ufeful and neceiTary laws of this State (then province) are 
expired, and divers other good and wholefome laws will expire with this- 
prefent feffion ; and to the end that difputes and difficulties may not arife touching 
the prefent validity of the faid laws fo made and paffed as aforefaid within the faid 
territory of Georgia, 

I. Be it enacled by the reprefentatives of the freemen of this State in general affembly 
met, and by the authority of the fame, That from and after the paffing of this act, all- 
laws heretofore. made in the then province now State of Georgia, and have not been 

repealed. 



232 



DIGEST OF THE 



A. D. 1778. 

No. 257. 

Provincial laws, 
and laws of En- 
gland, as well 
ilatute as com- 
mon, heretofore 
ufed in this 
State, and not 
repugnant ito 
theconftitution, 
&c. declared to 
be in full force. 



General act. 



Continuation. 



repealed, and ail the laws of England, as well flatute as common, and heretofore 
ufed and adopted in the courts of law of the then province, now State of Georgia, 
and which were ufed and of force at the time of the revolution, except part of an 
act, entitled " An aft to regulate and extend the trade and commerce of this State, 
and to eftablifh an infurance office for the encouragement thereof, and alfo to restrain 
the felling of merchandize by public auction within the fame ;" fo far as the fame 
refpects the fales of merchandizes by public auction, (hall be of full force, virtue, and 
effect, to all intents and purpofes as were heretofore had, ufed, and revived, as the 
law of this land, any law, ufage, cuftom, article, matter or thing, at prefent adopted 
in a change of government, to the contrary in any wife notwithftanding, fo far as 
the fame do not contradict, weaken, hurt, or interfere with the refolves and regula- 
tions of the honorable the continental congrefs, or of any refolve or regulation of 
this or any former affembly, congrefs, or convention, held in and for this State, and 
in particular the conftitution of the fame made and agreed to by the reprefentatives 
of the people in convention affembled, and ordered to be the rule and government of 
this State, and the fame mail extend to, and be in as full force, power and effect, 
and in as full and ample a manner as the fame were formerly of force in this State, 
(then province) as if the faid territory were an independent State, at the time of 
making and paffing fuch laws. 

II. And be it enaHed, That this act fhall be a general act, and fhall be taken notice 
thereof as fuch by all judges and other officers of juftice or government within this 
State, without the fame being fpecially pleaded. 

III. And be it farther enabled. That this act fhall be and continue, and be in full 
force until the firfl Tuefday in January, in the year of our Lord, one thoufand 
feven hundred and feventy-ninej and from thence to the end of the next feffion of 
affembly.* 

N. W. JONES, Speaker. 
Savannahy November 1 5, 1778. 

* See acts of 1.781, No. 263—1783, No. 279— and 1784, No. 287. 



No. 258. 



No. 259. 
Preamble, 



An AEl for the better ordering and regulating the militia of this State. 
November 15, 1 778. 
Olfoletc. 



An Ad for the more fpeedy and effectual fettling and Jlrengthening 

this State. 

WHEREAS in any fituation, but mod efpecially in the prefent, when the 
counties and towns upon the fea-board are in the hands of the enemy, it is 
highly neceffary that fome place fhould be eftablifhed for the feat of government, and 
the tranfactions of bufinefs in public offices ; and alfo for the granting of lands, as 

well 



LAWS OF GEORGIA, 233 

well to thofe citizens who have loft poffeffion of their lands in the faid counties and A. D. 178c. 
towns as others who may be induced to come into and fettle the rich lands of this °' %s9 ' 

State ; Be it therefore enabled by the freemen of this State in general ajfembly met, and it is The town oiAk- 

hereby accordingly enabled, That from and after the day of the paffmg this act, the town gufta declared 

of Augufta in the county of Richmond,, (hall beeonftdered as the feat of government government un- 

until directed otherwife by fome future meeting of the leeiflature, and to which all Eil ° th ^ wi t ?'" 

° ° 1 reeled by the le- 

i-ecords and other public papers fhall be brought as foon as may be, and the refpect- gifiature. 
ive offices- opened : Provided that in cafe the faid town of Augufta fhould at any time, Provifo. 
in the recefs of the legiflature be approached or inverted, fo as the fame fhall appear 
untenable, then his honor the governor and executive council, for the time being, 
fhall remove to fuch place, as the common fafety fhall make neceffary, which fhall be 
confidered as the feat of government until the recovery of the faid town of Augufta. 

II. And whereas the lots in the faid town of Augufta have been monopolized by a 
few perfons, which moft evidently has prevented the full fettlement of the fame,, 
contrary to the original intention, and the terms of the royal grants thereof : Be it 

therefore further enatled by the authority afore/aid, That the proprietor of every lot who Lot holders to 
{hall not build thereon as is herein after mentioned, within two years from the patTine ° uM thcreon in 

* J co two years, or 

of this act fhall forfeit the fame to the ufe of this State, to be fold to the higheft bid- forfeit the fame, 
der, who fhall engage and give fatisfactory fecurity to build thereon. 

III. And whereas the vacant land above and below the faid town of Augufta, ly- 
ing on Savannah river on the north, and joining the common in a line with the fsuth' 
ftreet of the town running parallel with the river, and joining land of M'Cartan Camp- 
bell on the weft, and Andrew M'Lean on the eaft, ought to be laid out in lots, and Thevacant larrd' 
fold for the ufe of this State, in order to enlarge the limits- of the faid town, Be it ad J oi J li "g ab ° vc 

7 ° , ■ ' an " below add-- 

therefore enabled by the authority ofthejame, That five commiffioners be appointed by this ed to the town, 

houfe, and the faid commiffioners fo appointed or any three of them aTe hereby em- commiffiontrs 

powered to lay out the faid vacant land,, in lots of one acre each ; andalfo to lay out to be appointed, 

proper ftreets and to arrange them with the others in the faid town of Augufta, and' byoff^hefame". 

the whole fhall be included and called Augufta: And be it enabled by the authority And caufe them 

aforefaidf That the faid commiffioners, or any three of them fhall eaufe the faid lots l °v\\t I^aT,. 

to be fold at public vendue in Augufta, by the fheriff of the county, giving one month's by the fheriff ;; 

notice after the fame fhall be laid out as aforefaid, receiving one half of the purchafe paTddown" the 

money down, and taking bond with approved fecurity for the payment of the other otiitr in twelve 

half within twelve months after every fuchfale •,* Provided that no one perfon fhall p rov ifo 

be allowed to hold more than one lot) in his own right* within the term of five years 

next enfuing or any other perfon for him. 

IV. And be it further enabled by the- authority aforefaid. That his honor the governor The governor 
in? council, be and he is hsreby empowered to fign grants for the fame to the refpeel- for the" 1 of" "h* 
ive purchafers,. each firft giving approved fecurity to fettle and ; build upon the fame as purthafers giv- 
is. herein, after dire&ed^ b"J ld e ™hem! 

V. And whereas the ftreets in. the town of Augufta, as well as the road on either 
fide up to Rae's creek, and down to the fand-bar are not regular or ftraight, Beit 

G g therefore 

* The terms of this fale p.ot having, been complied with, the lots are directed to be re -fold by, acl of 1783,, 
No. 382, fed. 1. 



234 



DIGEST OF THE 



A.D. 1780. 

No. 259. 
The commiffi- 
onerstoftraight- 
en the ftreets 
above and be- 
low the town. 
And to have a 
court houfe and 
gaol built ou one 
of the public lots 
in Droad-ltreet. 



The dimenfion 

and kind of 
holies to be 
built, under the 
direction of the 
commiflioners. 



The ether pub- 
lic lot in Broad- 
it. refervcd for 
public fchools. 

Two lots for 
houfes of public 
worfliip to be 

referved by the 
commifiioners. 



Monies arifing 
from fales of 
lots to be paid 
inio the trea- 
iury . 

The lands in 
Wilkes county 
and elfewhere 
to be granted — 
250 acres to the 
head of a family 
and 50 acres for 
every other, 
whether white 
or black. 
JProvifo. 
He muft firft 
bring his family 
into the State, 
fubferihe .the 
path of govern- 
ment and give 
Security to fettle 
the fame in nine 
months. 



therefore enabled by the authority afore/aid \ That the faid commifTioners, or any three of 
them be empowered, and are directed to lay out, meafure, and poll: the fame in the 
beft and mod regular way. 

VI. And whereas the remote fituation of Brownfborough, renders it a very unfafe 
place for a gaol and court houfe, Be it therefore enabled by the authority afore/aid, That 
a court houfe and gaol for the county of Richmond be built in the town of Augufta, 
on one of the public lots in Broad-ftreet under the directions of the faid commifTioners 
or any three of them, and that all malefactors mall be there confined, and tried, and 
fuitsatlaw heard and determined during the prefent war. 

VII. And be it further enabled by the authority aforefaid, That no perfon, proprietor 
of any lot in Augufta, or any perfon for him fhall be allowed to erect any dwelling- 
houfe upon any of the faid lots, under the dimenfions of twenty by fixteen feet, and 
if the fame fhall be in wood it fhall be framed and built in a workmanlike manner, 
and fhall be placed in fuch part of the lot as fhall be pointed out and directed by the 
faid eommiffionerSj or any three of them, to the end that the faid town maybe regu- 
larly built. 

VIII. *And be it enabled by the authority aforefaid, That the Other lot in Broad-ftreet 
be referved for houfes of public feminaries and fchools. 

IX. And be it further enabled by the authority aforefaid, That the faid commifTioners, 
or any three of them, fhall referve two of the beft lots in the centre line of the laid 
town, and diftant from each other for houfes of public worfhip : And alfo that the 
faid commifTioners or any three of them do lay out two acres of ground in the com- 
mon fouth of the faid town, for public cemeteries, each oppofite the refpective lots, 
and to caufe the fame to be cleared and fenced in, and hereafter no corpfe fhall be 
interred in the town. 

X. And be it further enabled by the authority aforefaid, That the moniesf arifing 
from the fales of the faid lots fhall be depofited in the public treafury for the fupport ' 
of the expences of the State. 

XL And whereas the rich and healthy lands in Wilkes county and elfewhere, in 
this State, remain unfettled, to the great detriment of the commerce and ftrength of 
the fame, while many of the citizens of this State are fullering by their lands being in 
the hands of the enemy, and others being willing to fettle and defend the fame, as 
heretofore mentioned, Be it therefore enacted by the authority aforefaid, and it is hereby 
enacted^ That every citizen of this State, as well as any citizens of any other State, 
fhall be entitled to a grant of land in the following manner, viz. ±two hundred acres 
of land for the head of a family, and fifty acres for each member of the fame, whether 
white or black, to be laid out any where in this State,, not in the pofieffion of the 
Indians, Provided that every fuch perfon, before he {hall obtain fuch grant, fhall 
bring the whole of his family into the State, and himfelf take and fubferibe the oath 
of government •: And provided alfo, That he fhall give fecurity to his honor the gover- 
nor and council for fettling .the fame, within nine months next hereafter, 

XII, 

* See acT; of 1783, No. 282, fec-t, refpecltng lots to be referved for public afes. 
f Vefted in truftees by act of 1783, No. %o2 t fed. 4. 
| Altered by act of 1783, No. 273, fe.it. J. 



L A W.S r . .OF GEORGIA. 



2 35 



XII. And be it further enacledby the authority aforefnd, That where it fhalT .appear 
the commi (Boners under the former government fold" and made allotments to any per- 
fon who have fettled and. full poffefs the fame* fuch pencils ,fhall have grants in pre- 
ference* to. any other perfons wha.tfoever. [ •- 

en of the former government having fettled, and ft] 1] pcfftfs the fame to have a right of preference • 

XIII. And to the end, That every encouragement may be given to induce men to~ 
come from other States to fettle lands in "Wilkes county : Be it enacted by the authority 
afore/aid, That every perfon fo coming from another State and fettling in Wilkes 
county, under this act, fhall not be compelled to ferve in the militia in any other 
way or place, but in defending the fame during the term of two years. 

XIV*. -And whereas it is effentially neceffary for the convenience of fuitors and mi- 
niflers of public juftice,. that the building a fmal'l town at the place appointed for hold- 
ing courts in the county of Wilkes, mould be encouraged, Be it therefore enaBed by 
the authority aforefaid> That five commiffioners be appointed by this houfe, and the 
faid commiffioners fo to be appointed, or any three of them be empov/ered to lay out 
one hundred acres of the land circumjacent the faid place, into a town and common, 
and that the fame be fold and granted in the manner pointed out in this act, refpect- 
ing the lots in Augufta, and the monies arifing from fuch fales appropriated to the 
like ufes. 

XV. And whereas many tracts and parcels of land have been laid out and furveyed 
by perfons who have been long out, and yet are abfent from this State, Be it therefore 
enacted by the authority aforefaid, That his honor the governor, be empowered to iffue 
a proclamation, admonifhing every fuch perfon to come in and fettle the lands fo laid 
out and furveyed, within threef months next after the date of fuch proclamation; 
otherwife all fuch lands fhall be deemed vacant. 

XVI. And be it further enabled by the authority aforefaid. That the following fhall be 
the form of all grants of land within this State. 

% By the authority of the legifaiure of the State of Georgia. 
I, A. B. governor and commander in chief of the faid State, by and with the ad- 
vice of the executive council of the fame, now prefent, do give and grant to - C. D. 
all that &c. to have and to hold the, faid tract of land with all the premifes and ap- 
purtenances, to him the faid C. D. his heirs and affigns for ever in fee fimple. — 
Given under my hand, and the great feal of the faid State, this day 

of in the year of our Lord, one thoufand feven hundred &c. 

By his honor, &c. 

XVII. And whereas it will tend greatly to the intereft and ftrength of the State to 
eftablifh manufactories of iron ; to the end therefore of encouraging able and proper 
perfons to undertake the fame, Be it enabled by the authority aforefaid, That any per- 
fon or perfons who will give approved fecurity to his honor the governor and council, 
for erecting proper and effectual works for that purpofe fhall be entitled to a grant of 
two thoufand acres for a forge, and two thoufand acres for a blomary, and two thou- 
fand acres for a furnace. XVIII. 

* See act of 1783, No. 273, fei~t. 10, further extending the right of preference. 

f Extended 12 months by aft of 1783, No. 283, feet. 4. 

\ The form of grants altered by ads of 1783, No. 273, feci. 12, 



A. D. if 80. 

No. 259. 

Perfons having- 
allotments 1 un- 
der coBn'mifliori- 



Thpfe fettling' 
If) Wilkes coun- 
ty how far ex- 
empt from.mi- 
'litia duty. 



A toivn . to lie 
built in Wilkes 
county, five 
commiffioners 
directed to lay 
out the fame, to 
be fold arid 
granted in like 
manner as the 
lots in Augufta, 



Governor to ifl'uc 
a proclamation ad - 
monilhing abfen- 
tcesto return with- 
in three months, 
and fettle lands- 
formerly furveye.l 
fiirthem .otlierwi lie' 
fuch lands to Ce 
deemed vacant. 



The i 

grants. 



of 



Iron Works— 
perfons giving 
fecurity to the 
governor to e- 
rect them, enti- 
tled to a grant 
of 2,000 acres. 



a 3 6 



DIGEST OF THE 



A. D. 1 780. 

So. 25 1). 

Loft warrants 
and'platshowto 
be eftablifhed. 



Surveys &r. on 
lands within the 
limits of the In- 
dians declaredto 
benull andvoid. 



Governor in 
council to fign 
and pafs grants 
for former allot- 
ments, &c. to 
all perfons ap- 
plying in terms 
of this ad and 
t'le land ad. 

Proclamation to 
beiflued defend- 
ing the land to 
be granted and 
i.nvitingfettlers. 



Claims of cer- 
tain Indian tra- 
ders of this and 
the State of 
South Carolina 
relative to lands 
of Wilkes coun- 
ty to be exam- 
ined by the af- 
fembly,and how 
paid if allowed. 

Commiffioners 
named for the 
town of Auguf- 
ta. 

Ajid for the 
town of Wafh- 
ington in 
Wilkes. 



XVIII. And whereas it may fo be that a number of warrants, and returns of plots 
may be loft in our late confufed (Late ; for remedy thereof, Be it entitled by the autho* 
rity aforefaid, That v/here it (hall appear upon oath that any fuch paper or description 
of land may have been loft, that grants mail pafs for the fame notwithstanding, free of 
new expence. 

XIX. And be it further enabled by the authority aforefaid) That no warrant, Survey, 
or plot, made or laid out in the lands yet within the lines of the Indians, fhall be 
held valid, and the fame is hereby declared null and void,* to all intents and pur- 
pofes whatever, nor (hall any grant, which may hereafter be furreptitioufly obtained, 
be deemed legal or of any effect, 

XX. And whereas no grants have yet been figned and pafled for many allotments, 
warrants and returns of land, Be it therefore enabled by the authority aforefaid, That his 
honor the governor in council, be empowered to fign, Seal, and pafs grants for the 
fame as foon as poffible j and to all other perfons who (hall apply for lands in the 
terms of this act, and of the before mentioned act, called the land act, 

XXI. And be it enabled further by the authority aforefaid, That his honor the governor, 
by and with the advice of the executive council, be empowered to iffue a proclamat- 
ion, pointing out the Situation, richnefs, and convenience of the lands within this 
State, and inviting them to come and fettle the fame, upon the terms and conditions 
herein before mentioned. And that he be alfo empowered in like manner to fend 
one or more fit perfons into other States upon the public expences, the better to carry 
the intentions of this act: into execution. 

XXII. Whereas certain perfons, citizens of this and the State of South Carolina, 
and friends to the independency of the fame, claim that the lands in the county of 
Wilkes were originally given up and ceded to the government of Great Britain by the 
Creek and Cherokee Indians, in Satisfaction and difcharge of certain debts and arrears 
due by the faid Indians, to the faid certain perSons, commonly called Indian Traders, 
Be it therefore enabled, That any perSon having or pretending to have any claim, do 
lay their claims and accounts before this or Some future houfe of affembly, to be ex- 
amined, and whatever claims Shall be found juft and proper, and due to the friends 
of America, Shall be paid by treaSury certificates, for the amount payable in two, 
three, and four years, and carrying fix per cent, intereft. 

XXIII. And be it further enabled by the authority af or faid, That William GlaScock, 
George Walton, Daniel M'Murphy, John Twiggs, and George Wells, ESquires, 
or any three oi them be a board oS commissioners for acting under this act, refpedting 
the town of Augufta;'f and William Downes, Barnard Heard, John Gorham, Daniel 
Coleman, and John Dooly, Efquires, or any three of them be a board of commiflion- 
ers for acting under this act, reflecting the town at the court houfe in Wilkes county, 
which Shall be called Washington. § 

XXIV. 



* Penalty impofed by a dr. of 1783, No. 273, fed. 9. 

I Commiffioners again appointed by ad of 1783, No. Z%2, fed. I 

§ And alfo for Washington, fed. p. 



LAWS OF GEORGIA. 23*7 

XXIV. And be it further enabled by the authority afore/aid, That this fhall be deemed A. D. 1780. 
a public a£l, and fhall be given at any time fpeeially in evidence. No - a - c0 * 

WILLIAM GLASCOCK, Speaker. P"M" a <*- 



January 23, 1780, 



# 



* The original act is without date as to the year, butty act of 1783, No. 282, fe<$t. I, it appear* to have 
been paffed in 178P. 



A. D. 1781. 
An Ac~l declaring certain perfons ivho are therein defcribedy citizens No, 260. 
of this State, and for burying in oblivion certain high crimes and 
mifdemeanors, 

WHEREAS numbers of -perfons did, on or about the time of the Britifh Preamble, 
troops taking poffeffion of the back parts of this State receive and take the 
Britifh protection or oath contrary to their allegiance to this State : And whereas the faid 
feveral perfons have fince that period (convinced of the illegality of fuch their proceed- 
ings and mifdemeanors) ffiewn their attachment and loyalty to the United States by 
rifking their perfons and engagements, and teflifying it by various other actions. 

I. This feci:, excluding certain perfons from the right of citizenfhip repealed by 
.act of 1782, No. 266. 

II. And be it further enabled by the authority aforejaidy That all perfons having taken 
protection as aforefaid, and have joined the army of this or the United States on or Certain perfons 
before the fifth day of Tune laft paft, fhall be looked upon as citizens, and entitled ex «pted, &c. 

. ] J . . r » ■ • - r 1 _ w h have not 

to all the liberties and privileges of a free people, except thofe who have been guilty murdered,plun~ 
of murder or plundering, or diftreffing the peaceable inhabitants of this or any other dered > &£ « 
State. 

III. And it is hereby further enacted by the authority aforefaid, That all perfons who 

fhall come in and join any regiment in this State, on or before the firft day of Octo- ° n what terms 
bcr next not guilty of any of the offences above defcribed, and fhall give fecurity to turn . 
ftand his trial for any crime that may be brought againft him, that then and in that 
cafe the perfon fhall be fuffered to remain until the determination of the court as 
aforefaid, and if no crimes can be proved againft him, they are hereby entitled to 
all the liberties of a free citizen, and fhall take and fubfcribe the following oath 
before the commanding officer of the diftfict: to which fuch perfon may refide or To take and 
belong, viz. tf I, A. B. do folemnly fwear or affirm, without any equivocation or " ^ l 
refervation of mind, that I do in truth and fmcerity cheerfully and defiroufly re- The form therc- 
nounce and abjure the king of Great Britain, his heirs and fucceffors, and alfo the 
crown thereof, for ever: And I do further folemnly fwear (or affirm) that I will 
bear true allegiance to the State of Georgia, and do. every thing in my power to 
fupport the independence of the fame agreeable to the declaration paffed in Congrefs 
on the fourth day of July, one thoufand feven hundred and feventy-fix : And alfo 
that all treafons, combinations, and confederacies, or any movements ^of the Britifh 
troops, their emiffaries or fpies, againft if which fhall come to my knowledge, I 

will 



of. 



238 DIGEST OF THE 

A. D. 17S1. will immediately make known to the officer commanding the cliurict I belong to, or 

No. 360. the neareft jullice of the peace. So help me God." 
Certain inter- J.V* And.be it further enacted, That if any perfon or perfons herein before men- 
mi enemies to tioned who have heretofore taken the faid protection or oath {hall hereafter take or 

iufler death or . • . x p . . c <• * t> 

banithment. receive either of them as a Bntilh fubject, or {hall fpeak in favor of the Brinfh king 
or his vaflals, or {hall take up arms in aid thereof, or {hall fpeak againft the legality 
of congrefs, or the independence of this or the United States, or refute to take up 
arms againft the enemies thereof when required, in either cafe lhall fufFer death or 
banifhment at the option of the jury. 

Public ad. V. And be it further enac7ed x That this act fhall be looked on as a- public act, and 

be given as fuch in evidence. 

Continuation, VI. And be it further enacted. That this act fhall be and continue in force for and 

during the fpace of three years, and from thence to the end of the next feflion of 
the general afTembly, and no longer. 

JOHN JONES, Speaker. 
Savannah 3 Augujl 20, 1 78 1. 



No. 261. An Acl to amend the federal acl s for the better regulation of the 

militia of this State. 

VIII. A ND whereas numbers of perfons are daily abfenting themfelves and leav- 

j \ n ing their fellow citizens to encounter the difficulties of the prefent 

Soldiers faith- crifis, Be it enacted by the authority aforefaid, That any perfon or perfons who lhall 

SJftStffita produce a certificate from the commanding officer of the diftrift to which he be- 

bounty of 250 longs, to the legiflature of this State (on the total expulfion of the enemy from it) 

exempdroriTax of his having ftedfaftly done his duty from the time of paffing of this aft, mall be 

for ten years. entitled* to two hundred and fifty acresf of good land (which fhall be exempt from 

taxes for the fpace of ten years thereafter ;) Provided fuch perfon or perfons cannot 

be convicted of plundering or diftrefiing the country. 

All the rejl obfolete. 

JOHN JONES, Speaker. 

Savannah, Auguf 20, 178 1. 

* Grants directed to be ifiued to officers, foldiers, &c. by acT; of 1783, No. 273, feci. 2. 

f See aft of 1784, No. 289, fedt. 11 and 15, appropriating land for payment of bounties with additional 
allowance in lieu of exemption from tax. 



No. 26a. -An Acl for the prevention of internal con/piracies, and for the empowering certain com-' 
mittees therein mentioned^ to examine into the condutl of certain fufpicious perfons. 
Temporary. 
Augufl 2l ? 1 781. 

An 



LAWS OF GEORGIA. 



239 



be in force and 
further conti- 
nued. 



An Acl to continue the fever al acls heretofore made in the then pro- A. D. 1781. 
vince of Georgia-, and alfo all acls made and pajfed by the feveral 
conventions, congreffes, and houfes of affembly of the State of 
Georgia* 

WHEREAS feveral laws are already expired and others near expiring, Be it Certain provin- 
enabled by the reprefentatives of the freemen of the State of Georgia in general 5 :ial an( * Statc 

• • r 1 »»t * • e+ i *• , . _ _ laiVS QCClalCU TO 

affembly met, and it ts heredy enabled by the authority of the fame. That the feveral laws 
heretofore made in the then province of Georgia, and alfo all laws made and paffed 
by the feveral conventions, eongreffes, and houfes of affembly of the State of 
Georgia, (and not repealed by this or any former houfe) except thofe which are repug- 
nant to the conflitution of the faid State fhall be in full force and effect as if the fame 
had not expired, any law, ufage, or cuftom to the contrary in any wife notwith- 
standing. 

II. And be it enabled by the authority aforefaid, That this act fhall be and continue Continuation. 
in force for the term of one whole year, and from thence to the end of the next 
feffion of the general affembly, and no longer.* 

JOHN JONES, Speaker. 
Savannah, Augufl i\, 1781. 

* Seerevwal a<5l of 1783, No. 279. 



0' 



An Acl to repeal an acl, entitled " An Acl to draiv a line or lines 
betiveen the good citizens of this State and the enemies thereof and 
to prevent plundering and deteclfpies vuithin the fame"* 

WHEREAS it hath been found upon trial that the faid acl: hath not anfwered 
the purpofes for which the fame was intended, but on the contrary hath 
been attended with many abufes ; in order therefore to remedy the fame and preferve 
the property for the ufe of this State, to defray the neceffary expences of government 
which have already accrued and will accrue, Be it enabled, and it is hereby enabled by 
the reprefentatives of the freemen of the State of Georgia in general affembly met, and by 
the authority of the fame, That the faid a£t paffed on the twenty-ninth day of January, 

one 

* The original aft referred to, cannot be found. The refolution mentioned and repealed by thisadc, is 
therefore inferted, as the bed evidence in our power, of the line in queftion : 

" Wednesday, zzJ Augufl, 1781, 

" BefiheJ, That all property taken in action fhall be fold for the benefit of the captors, except fuch as may 
belong to the friendly citizens of this or any other State, or the fequeflered property. 

" Ani it is further nfohfd, That they fhall be allowed a falvage of one third on all property taken from per- 
fons living on the other fide of the line, from Hudfon's ferry on Savannah river, to the mouth of Little 0<*e- 
ihee, from thence to Beard's bluff on the Alatamaha, and from thence to the Cowfard on Saint Mary's river, 
(except the property of citizens as aforefaid) though not immediately taken in action, unlefsfuch property fhall 
betaken alter our fixing polls or taking poflefGon of the pofes below, Provided the fame be condemned agree -• 
able to the conflitution of this State, And provided nlfi, on evidence to the court, it fhall appear that the 
■ party was commanded by an officer, gud ordered out by the commanding officer of the regiment to whom 
they belong.'' Eytracl from the journal. 



A.D. 17S2. 

No. 264. 



A<£1 drawing a 
line between the 
good citizens of 
the State and 
enemies thereof 
dated 29th Ja- 
nuary, 1780, 
Repealed. 



2 4 a DIGEST OF THE 

A> D. 1782. one thoufand feven hundred and eighty, and alfo a refolution of the houfe of- aflem- 
No. 264. bly, dated the twenty-fecond day of Auguft, one thoufand feven hundred and- eighty- 
one, and every part of the fame fhall be and they are hereby repealed, and of no force 
or effect whatever, any matter or thing contained' in the feme, to the contrary not- 
withftanding. 

WILLIAM GIBBONS, Speaker. 
Savannah, January 9, 1782. 



No. 265. An Acl for the conff eating the ejiates of certain perfons therein defcrib- 
ed, and for the providing funds for defraying the contingent expence 
of this State. 




W 



HERE AS it is abfolutely neceffary a fund fhould be raifed for the defraying 
the contingent and neceffary expences of the State, which muft and will * 
accrue. 

And whereas numbers of difafFe&ed perfons have deferted the grand caufe of 
America and have joined the troops and forces of the Britifh tyrant contrary to the 
allegiance they owed the United States, many of whom have left large eftates- 
which reafon and policy dictate fhould be applied to the ufes of government. 
Confifcation of I. Be it enaEted by the representatives of the freemen of the State of Georgia in gene- 
e tates o a ra [ a jp em Hy me t y and it is hereby enaSted by the authority of the fame, That from and" 
have been with- immediately after the paffing this a£t, the eftates and poffeffions of what and every 
lines "as their n atur-e foever within this State of all and every perfon and perfons who fhall now be 
iuhje<5b,andnot or may have been within the Britifh lines as Britifh fubjects, and who are not includ- 
cWed. C e ^ * n tne ac ^ °f confifcation paffed on the firft day of March in the year of our 

Lord one thoufand feven hundred and feventy-eight, or in the act for burying in obli- 
vion certain high crimes and mifdemeanors, paffed the twentieth day of Auguft,. 
one thoufand feven hundred and eighty-one, or in the amendment thereto paffed 
this prefent feffion, or who are not at this time looked on and refpected as citizens 
of this State fhall be and they are hereby confiscated to and for the ufe of the fame. 
Certificates to IL And be it further enaBed by the authority aforefaid, That irr order to defray the 
beiffuedoncre- expence f government as aforefaid, there fhall be certificates iffued on the credit 

du of fuch el- r # ° ' 

tates to amount of the faid eftates to the amount 'of twenty-two thoufand one hundred pounds fpecie, 

of £22,100 w bich faid certificates fhall be drawn in manner following, viz : 

fpecie. . . . 

Form thereof. This certificate for the fum of — — — — fhall be received in payment at the fales 

'onnfJaTed^e^ °l tne confifcated eftates as fpecie. 

ftates. HI. And whereas a great demand will be in the quarter matter's and commifTary's 

and'eommiffa- department, Be it enaBed by the authority aforefaid, That the heads of the faid depart- 
riestoiffuetem- me nts on making contracts for provisions or other necefTaries for the armies or other 
cat"* to betaken ufes of this State, or in fettling thofe already made, fhall give the perfon or perfons. 
up by the a-fore- fo contracting, or who may have contracted as aforefaid, temporary certificates, 
who are hereby required within one month thereafter to produce the fame to his 

honor 



LAWS OF GEORGIA. 



241 



honor the governor for the time being, who, on examining and confirming the fame 
is hereby empowered to iflue certificates as aforefaid in favor of the perfon or perfons 
fo producing the faid temporary certificates for the amount of the fame, fo as the 
whole certificates iffued for the faid departments do not exceed the fum of three 
thoufand pounds fpecie; and the faid quarter matters and commiffaries are further 
required to deliver in monthly returns to his honor the governor, fairly dated, of 
all fuch contrails by them made as aforefaid- within the fame, which faid returns 
ftiall be regiftered and filed in the fecretary's office. 

IV. And be it further enatled, That his honor the governor, for the time being, be 
empowered to draw certificates as aforefaid, to the amount of five hundred pounds 
fpecie to defray fuch neceffary fervices as may be deemed expedient by him and the 
honorable the executive council. 

V. And be it further entitled, That his honor the governor as commander in chief 
of the militia, be empowered to draw a further fum of one hundred pounds fpecie 
for fecret fervice. 

VI. And be it further enacted, That his honor the governor be empowered to 
draw certificates for the further amount of five hundred pounds fpecie for defraying 
the neceffary expence in equipping the men and providing horfes for the troop to be 
kept up in the State legion for the defence of this State. 

VII. And be it further enabled, That his honor the governor for the time being be 
further empowered to iflue certificates as aforefaid for the further amount of fifteen 
thoufand pounds fpecie to pay off the arrears of. the militia of this State •, and in or- 
der that juftice be effectually adminiftered in the faid payments, the captains of the 
companies of the refpeclive regiments fhall make out on oath, pay-rolls, with every 
man's name fairly and clearly ftated, with the time they were actually in the field,, 
which filid pay-rolls fliallbe certified by the commanding officers of the refpeclive re- 
giments as aforefaid, who are hereby required flrictly to examine the fame, that the 
faid certificates for the fervice aforefaid, fhall be iffued in the names of the feveral per- 
fons who have done the duty feparatcly. 

VIII. And be it further enacted. That his honor the governor be empowered to iffue 
certificates for the further amount of two thoufand five hundred pounds fpecie if ne- 
ceffary to defray the expences of the civil lift. 

IX. And be it further enacted, That his honor the governor be further empowered to 
ifTue certificates for the amount of five hundred pounds fpecie for the paying off the 
officers and privates reduced of the legion dragoons agreeable to the time they have 
ferved. 

X. And be it further enabled, That the faid certificates fhall be iffued in payment 
and contracts on account of the State at the rate articles fold for during the years one 
thoufand feven hundred and feventy-four, and one thoufand feven hundred and feven- 
ty five, except corn which fhall not exceed two {hillings and fix-pence per bufhel. 

XI. And be it further enabled, That unlefs the faid certificates fhall be redeemed by 
the firft day of November next, the faid eftates, or fuch part thereof as will redeem 
the fame fhall be fold at public outcry to the higheft bidder, at which fales the faid 
certificates {hall be received as fpecie as aforefaid. 

H h XIX, 



A. D. 1782. 

No. 265. 



Governor to 
draw 500I. for 
contingent de- 
fences. 



£100 for fecret 
fervice. 



£500 for equip- 
ping the State 
legion- 



The further fum 
of £15,000 to 
pay off arrears 
of militia. 



Pay-rolls, how- 
to be made out 
and iigned. 
Certificates to 
he iffued fepa- 
ratcly in the 
name of perfons 
who have dons 
duty. 

£z$oo for civil 
lift expences. 
And the further 
fum of £500 for 
certain officers 
and privates of 
the aforefaid le- 
gion. 

The prices of 
articles &c. in 
1774 and 5, ta 
regulate the if- 
fuing of certifi- 
cates. Corn not 
to exceed 2/$ 
per bufhel. 
The certificates 
how to be re- 
de eiped. 



2^2 






DIGEST OF THE 



A. D. 1782. XII. And be it further enabled, That this aft (hall be confidered as a public aft, 

Public 1st' anc * §>i ven as f ucn *** evidence. 

WILLIAM GIBBONS, Speaker. 
Savannah, January 11, 1782. 



So much of the 
aA of 20th Aug, 




No. 266. An Ac~l to amend an acl declaring certain perfons therein defer ibed citi- 
zens of this State, and for burying in oblivion certain high crimes 
and mifdemeanors. 

HERE AS the faid aft pafTed on the twentieth day of Auguft laft, hath been 

found inadequate to the purpofes intended, Be it enabled by the reprefenta- 

laft as refpcifts fives of the freemen of the State of Georgia in general affembiy met, and by the authority 

officers, repeal- f the fame. That the firfl claufe in the faid aft, which refpefts officers fhall be and 

the fame is hereby repealed and of no force or effeft whatever, any matter or thing 

contained in the fame to the contrary notwithstanding. 

II. And be it further enacted by the authority aforefaid, That this aft fhall be deemed 
a public aft, and given as fuch in evidence. 

WILLIAM GIBBONS, Speaker. 
Augufa, January 12, 1782. 



Public ac"t. 



No. 267. 



Preamble. 



Confifcation 



An AB for inflicling penalties on, and conff eating the eflates of fuch 
perfons as are therein declared guilty of treafon, and for other pur- 
pofes therein mentioned. 

T"HEREAS, on the firfl day of March, which was in the year of our Lordy 
y one thoufand feven hundred and feventy-eight, an aft was paffed for at- 
tainting certain perfons therein mentioned of trealon, and confiscating their eflates 
for the ufe and benefit of this State, which aft has not yet been carried into full 
execution : And ivhereas it is neceflary that the names of the faid perfons fo attainted 
further extend- by the faid law, fhould be inferted in a law, with the names of various other perfons 
who have fince the aforefaid time been guilty of treafon againft this State, and the 
authority of the fame, by traiteroufly r.dhering to the ting .of Great Britain, and by 
aiding, aflifting, abetting, and comforting, the generals and other officers, civil and 
military, of the faid king, to enforce his authority, in and over this State, and the 
good people of the -fame; And ivhereas the faid treafons have been followed with a 
feries of murders, rapine, and devaflation, as cruel as they were unneceffary, 
whereby order and juflice were banifhed the land, and lawlefs power eftablifhed on 
high, exhibited the melancholy pifture of Indians infhfting dreadful puniftoments on 
both old and young of the faithful and peaceful citizens of this State ; women and 
children fitting on the ruins of their houfes, perifhing by famine and cold, whilit 
others were compelled in the mid ft of a rigorous feafon to depart the State, being 

previoufly 



LAWS OF GEORGIA. 243 

previouily plundered of both their and their child'rens' clothing, and every other ne- A, D. 1782. 
ceffary that might tend to mitigate the uncommon feverities exercifed on the fofter No. 267. 
fex and their innocent babes ; nor was this all, whilft thefe days of blood and Britifh 
anarchy continued among us, and commanded executions of our citizens, taken ir» 
arms in defence of their invaluable rights, to take place — executions as- unauthorized 
by the laws of nations, as they were cruel in themfelves, and only to be exceeded, if 
poillble, by the abandoned profligacy of fetting torches to temples dedicated to the 
fervice of the Most High God, whereby they compleated a violation of every right,* 
human and divine : And whereas the aforefaid treafons, and other atrocious crimes,, 
j.uftly merit a forfeiture of protection and property : Be it enacted by the reprefentatives Perfons aamed. 
of the freemen of the State of Georgia in general afevibly met, and by the authority of the 
fame. That all and each of the following perfons, viz. for Chatham, Sir James Wright, 
Baronet, John Graham, Alexander Wright, Lachlan Mc.Gilivray, John Mulbryne, 
Jofiah Tatnall, Bafd Cowper, William Telfair, Alexander Mc.Goun, Thomas Tal- 
malh, Samuel Douglafs, Lewis Johnfton, fenior, Lewis Johnfton, junior, William 
Johnfton, Thomas Johnfton, James Johnfton, Samuel Farley, James Alexander, 
Jofeph Spencer, James Batler, John Wood, Robert Reid, John Stour, Thomas 
Reid, George Houftoun, Philip Delegal, fenior, his heirs, devifees, or affigns, Phi- 
lip Delegal, junior, David Delegal, John Glen, John Bond Randell, James Mofsman, 
John Charles Lucena, Nathaniel Hail, Thomas Gibbons, John Fox, junior, John 
Simpfon (Sabine fields," 1 , Matthew Stewart, John Suteliffe, Benjamin Farley, Thomas- 
Rofs, John Joachim Zubly, his heirs, devifees, or affigns, David Zubly, junior, 
George Bailiie, William Wylly, Campbell Wylly, Thomas Wylly,. Levi Sheftall, 
James Harriot, James Graham, James Flume, John Hume,, his Jveirs, devifees, or 
affigns, Thomas Goldfmith, his heirs, devifees, or affigns, M:?.jor James Wright, 
James Robertfon, Flenry Yonge, junior, Jofeph Farley, his heirs, devifees,. or affigns, 
John Foules, Thomas Fleming, Alexander Thomfon, Robert Mc.Cormick, his- heirs, 
devifees, or affigns, Thomas Forbes, Colonel Thomas Brown, James Thomfon, Wil- 
liam Jones, of Savannah, Martin Jollie, Donald Frazer, Ifaac Baillou, Doctor John 
Irvine, George Kincaid, William Knox, John Murray, George Cuthbert, William 
Mc.Gillivray, William Stephens, Benjamin Wilfon, Peter Dean, George Fox, Mofes 
Kirkland, John Lightenftone, William Lyford, Andrew Hewat, Alexander Inglis, 
James Brifbane, William Miller, William Mofs, Philip Moore, William. Panton, 
Thomas Skinner, John Mulryne Tattnall, Charles William Mc. Kenny, his heirs,, 
devifees, or affigns, Alexander Rofe, Charles Wright, fenior, Robert Porteous, Jer- 
myn Wright, his heirs, devifees, or affigns, Charles Wright, fon of Sir James, John 
Mc.Gillivray, Tim Barnard, Ifaac Delyon, Peter Edwards, Samuel Langley, and 
Samuel Ealy 1 — Liberty,. Glynn, and Camden, Roger Keifall, Thomas Young,. Simon- 
Munro, Henry Munro, James Spalding, Robert Bailiie, Alexander Creighton, Ro- 
derick Mc.Intolh, William Mc.Intofh, Indian trader, Charles Mc.Daniel, his heirs, 
devifees, or affigns, John McDonald, Donald. McDonald, Daniel Mc.Leod, Daniel 
B. Mc.Intofh,. John Polfon, his heirs, devifees, or affigns, William Rofs (Saint An- 
drews), John Welly, McCoy, of Saint Andrews, John Shave, junior, Richard 

Shaves, 



244 DIGEST OF THE 

A. D. I7"82 i Shave, Arthur Carney, fenior, his heirs, devifees, or afligns, Arthur Carney, junior, 

.^No. 267. William Dawfon, of Newport ferry, Charles Watts, fhip carpenter, — i Shepherd, 

of Colonels ifland, James Carfon, of South Carolina, William Clark, Sir Patrick 
Houfton, baronet, John Martin, of Jakell, his heirs, devifees, or afligns, James Kit- 
ching, John William Williams, Raymond Demerce, junior, John Proctor, Daniel 
Mc.Girt, James Mc.Girt, George Aarons ; — Ejjingham county, William Willis, 
Abraham Mincey, Henry Cooper, fenior, Henry Cooper, junior, W. Cooper, Ben- 
jamin Lanier, John Boy kin, Jofiaua Pearce, fenior, William Pearce, Stephen Pearce, 
Philip Dill, fenior, Philip Dill, junior, James Dill, his heirs, devifees, or afligns, 
John Goldwife, James Pace, fenior, Chriftopher Frederick Freebnier, Stephen 
Dampier, Peter Blyth, his heirs, devifees, or afligns, John Blyth, Samuel Cooper, 
George Weekly, Wildeiick Gruber, Jofeph Johnfton, John Johnfton, William 
Powell, William Love, John Love ; — Burke county, John Thomas, David Ruflel, 
Matthew Lyle, Robert Miller, John Robertfon, Daniel Howell, Alexander Carter, 
Robert Wolfington, Willoughby Tucker, John Mc.Cormick, his heirs, devifees, or 
afligns, Paul Mc.Cormick, his heirs, devifees, or afligns, Robert Henderfon, his 
heirs, devifees, or afligns, Lud Mobly, James Herbert, James Moore, his heirs, 
devifees, or afligns, Samuel Moore, Jofeph Cornals, Robert French, William Bal- 
four, his heirs, devifees, or afligns, Ifaac Downing, Ifaac Eaton, Andrew Mc.Neily, 
James Robertfon, James Lyle, Jofeph Marfhall, John Pig, his heirs, devifees, or 
afligns, John Brown, Thomas Rutherford, Cader Price, John Hammet, David Green, 
Philip Helverfton, William Hammond, George Johnfton, fenior, John Johnfton, 
William Corker, Edward Corker, John Corker, Stephen Corker, William Mangrum, 
James Douglafs, William Durgan, James Hunt, John Young, Robert Tilman, Wil- 
liam Young, Matthew Moore, his heirs, devifees, and afligns, Henry Sharp, his 
heirs, devifees, and afligns, Jacob Sharp, Cordy Sharp, William Mc.Natt, Samuel 
Montgomery, Thomas Lamb, Edward Pilcher, Benjamin Brantley, Henry Overftreet, 
Elias Bonnell, William Brown, Auguftus Underwood, Abfalom Wells, John Fer- 
gufon, William Reid, Thomas Beaty ; — Wilkes county, Thomas Watters, Henry 
Williams, John Douglafs, William White, Samuel Williams, John O'Neal, Aving- 
ton Perkins, Daniel Philips, James Gordon, Abraham Wilkins, Samuel Wilkins, 
Jonathan Wilkins, Luke Bynan, William Tidwell, Reubin Sherrall, his heirs, devifees, 
or afligns, James Gordon ; — Richmond county, Colonel James Grierfon, his heirs, 
devifees, or afligns, Andrew Moore, his heirs, devifees, or afligns, John Howard, 
his heirs, devifees, or afligns, William Manfon, James Ingram, Edward Afliton, 
James Seymour, Martin Weatherford, James Weatherford, John Henderfon, John 
Weatherford, George Philips, Alexander McLean, Benjamin Howard, his heirs, 
devifees, or afligns, Thomas Howard, his heirs, devifees, or afligns, Andrew Robert- 
fon, Daniel Cameron, John Jamiefon, William Oats, Thomas Scott, Richard Bai- 
ley, John Coppinger, Thomas Manfon, Jacob Watfon, Doctor Andrew Johnfton, 
Charles Weatherford, John Furlow, James Jackfon, of Augufta, merchant, William 
Johnfton, Doctor Francis Folliott, Doctor Thomas Taylor, Simon Patterfon, Tho- 
mas Polhill, Nathaniel Polhill, his heirs, devifees, or afligns, John Maxwell, Solomon 

Kemp, 



LAWS OF GEORGIA. 



%4\ 



Kemp— Be, and they are hereby declared to be banifhed from this State for ever *, and 
if any of the aforefaid perfons fhall remain in this State fixty days after the paffing of 
this act, or fhall return to this State, the governor or commander in chief for the 
time being, is hereby authorifed and required to caufe the perfons fo remaining in or 
returning to this State, to be apprehended and committed to gaol, there to remain 
without bail or mainprize, until a convenient opportunity fhall offer for tranfporting 
the faid perfon or perfons beyond the feas, to fome part of the Britifh king's do- 
minions, which the governor or commander in chief for the time being, is hereby 
required to do ; and if any of the faid perfons fhall return to this State after fuch 
tranfportation, then, and in fuch cafe, he or they fliall be adjudged, and they hereby 
are declared to be guilty of felony, and fhall on conviction of their haviag fo returned 
as aforefaid, fuffer death without benefit of clergy. 

II. And be it further enacled by the authority aforefaid, That all and fingular the 
eftate, real and perfonal, of each and every of the aforefaid perfons, which they 
held, poffeffed, or were entitled to, in law or equity, on the nineteenth day of 
April, one thoufand feven hundred and feventy-five, or which they have held fince, 
or do hold in poffeffion, or others hold in truft for them, or to which they are or 
may be entitled to in law or equity, or which they may have, hold, or be poffeffed 
of, in right of others, together with all debts, dues, and demands, of whatever nature, 
that are or may be owing to the aforefaid perfons, or either of them, be confiscated 
to and for the ufe and benefit of this State, and the monies arifing from the fales 
which fhall take place by virtue of and in purfuance of this act to be applied to fuch 
ufes and purpofes as the legislature fhall hereafter direct. 

III. And whereas divers other perfons citizens of this State, and owing allegiance 
thereto, (whofe names are not herein recited) did in violation of the faid allegiance, 
traiteroufly affile, abet, and participate, in the aforefaid treafonable practices ; Be It 
therefore enabled by the authority aforefaid, That all and every of the perfon or perfons 
under this defcription fhall, on full proof and conviction of the fame in a court of 
law, be liable and fubjected to, and they are hereby declared liable and fubjected to 
all the like pains, penalties, and forfeitures inflicted by this act, on thofe offenders 
whofe names are particularly mentioned therein. 

IV. And whereas there are divers eftates and other property within this State be- 
longing to perfons who have been declared guilty or convicted in one or other of the 
United Stares, of offences which have induced a confifcation of their eftates or pro- 
perty within the State of which they were citizens, Be it therefore enacled by the autho- 
rity aforefaid, That all and fingular the eftates both real and perfonalj of perfons un- 
der this defcription, of whatfoever kind or nature, together with all rights or titles, 
which they may, do, or fhall hold, in law or equity, or others in truft for them, and 
alfo all the debts, dues, and demands, (except debts and demands due or owing to 
Britifh merchants, or others refiding in Great Britain, which fhall be appropriated as 
herein after mentioned) owing or accruing to them, he confifcated to and for the 
ufe and benefit of this State, in like manner and form of forfeiture as they were fub- 
jected to in the States of which they reflectively were citizens of, and the monies 

arifing 



A. D. 1782. 

No. 267. 
Banifhed from 
the State for e- 
ver, to depart, 
in 60 days or be 
transported to 
the Britifh do 
minions. 



Declared guilt? 
of felony, and 
fuffer death if 
they return. 



Their eftates, 
together with 
all debts, dues, 
&c. to which 
they were any 
way entitled 
on the 19th A- 
pril, 1775, con- 
fifcated for the 
ufe of the State, 



Certain perfons 
not named, fub- 
jecl te, likepaiDS 
and forfeitures. 



Eftates, debt?, 
&c. of perfons 
on confifcation 
acls in other 
States, confif- 
cated in like 
manner. 

Debts due to 
merchants, &c. 
refiding in Bri- 
tifh dominions, 
hereafter appro- 
priated. 



246 



DIGEST OF THE 



A. D. 1782, 

No. 267. 

Seq.ueftratlon 
thereof— com- 
miffioners to re- 
cover and depo- 
ik fhe fame in 
the treafury, in 
like manner as 
debts confifcat- 
ed. 



Confiscation of 
all eftates of 
Jtiyitiilt ful>jc<$s, 
and a! lb a 11 debts 
&c. due or ac- 
cruing to them. 



Certain fales, 
&c. fince 19th 
April, 1775, de- 
clared void. 



Claims againfl 
conlifcated es- 
tates, to be ex- 
hibited to the 
commiffioners 
or fued in 12 
months. 



Perfons having 
claims,at liberty 
to fubmit them 
to the commif- 
fioners or to pro- 
ceedbyadlion at 
Jaw — - when li- 
quidated how to 
be paid. 



arifing from the fales which fhall take place by virtue of and in purfuance of this acf, 
be applied to fuch ufes and purpofes as the legiflature fhall hereafter direct. 

V. And be it further enncledy That all debts, dues, or demands, due or owino- to 
merchants or others refiding in Great Britain, be, and they are hereby fequeftered, 
and the commiffioners appointed by this a£r. or a majority of them, are herebv em- 
powered to recover, receive, and depofit the fame in the treafury of this State, in the 
fame manner, and under the fame regulations as debts confifcated, there to remain 
for the ufe of this State until otherwife appropriated by this or any future houie of 
ailembly. 

VI. And whereas there are various perfons, fubjecls of the king of Great Britain, 
poflefied of or entitled to eftates, real and perfonal, which juftice and found policy 
require ihould be applied to the benefit of this State, Be it therefore enabled by the 
authority aforefaid, That all and lingular the eltates, real and perfonal, belonging to 
perfons being Britifh fubje&s, of whatever kind or nature, which they may be pof- 
feffed of, (except as before excepted) or others in trull for them, or that they are 
or may be entitled to in law or equity, and alfo all debts, dues, or demands, owing 
or accruing to them, he confifcated to and for the ufe and benefit of this State, and 
the monies arifing from the fales which fhall take place by virtue of, and in purfu- 
ance of this act, to be applied to fuch ufes and purpofes as the legiflature fhall here- 
after direct. 

VII. And whereas feveral fraudulent fales, grants, devifes, transfers, bargains, ex- 
changes, or other titles and conveyances, may have been made by fome or other of 
the aforefaid perfons heretofore, with intent to defraud the State, and to commit 
treafon againft the fame with impunity, Be it therefore enabled by the aforefaid, That 
every fale, grant, devife transfer, bargain, exchange, or other title or conveyance 
which has been made or executed by any of the aforefaid perfons, or by his or their 
attorney or attornies, agent or agents, fince and after the nineteenth day of April 
which was in the year of our Lord one thoufand feven hundred and feventy-five, 
fliall be deemed and held null and void to all intents and purpofes whatfoever. 

VIII. And whereas there are feveral juft claims and demands which may be made 
by the good and faithful citizens of this State, or others of the United States, againft 
the eftates of perfons confifcated by this act, Be it therefore enabled by the authority 
aforefaid. That any perfon or perfons well affected to the/independence of the United 
States, having debts owing to them from the perfons named or defcribed in this act, 
or who have any juft claim or claims in law or equity againft any of the faid confif- 
cated eftates, that every fuch perfon or perfons fhall bring his or their claim, or enter 
his or their action, within the fpace of twelve months from the paffing of this a£t, 
or, in default thereof, he or they fhall be for ever debarred of deriving any benefit 
from the fame. 

IX. And be it further enabled* That all perfons having claims or demand's againft 
any of the confifcated eftates, be at his or their option to lay a ftate and proofs of the 
faid demands before the faid commiffioners, Or a majority of them, on or before the 
fourth day of May next, and the , faid commiflioners, or a majority of them, are 

hereby; 






LA.WS OF GEORGIA. 247 

hereby empowered and required to examine into the juftice and validity of the A. D. 1782. 
faid demands, and make a report thereof to the general affembly at their next meet- No. 267. 
ing after the faid fourth day of May next, to the end that the legislature may direct, 
with refpect to fuch creditors, what to juftice (hall appertain 5 and if the faid le- 
gislature fhall not liquidate the faid demands agreeable to the claimant, fuch claim- 
ant fhall have an action againft the faid commiffioners, or a majority of them ; and 
the amount of fales of the eftates of the perfons mentioned in this act fhall be 
refpectively liable to fatisfy the faid demands, and all other creditors except thofc 
who are unfriendly to American Independence j and where any claimant fhall fo 
chufe, he or they fhall have recourfe to his or their action at law, and if a verdict 
of the court where the fame fhall be tried fhall pafs for him or them, then on 
certifying the fame to his honor the governor or commander in chief for the time 
being, his honor the governor or commander in chief for the time being fhall irate 
a certificate for the fum verified by the verdict to every fuch claimant, which cer- 
tificate fhall be made payable and to be paid in twelve months after date thereof, 
with intereft for the fame at the rate of feven pounds per cent, yearly, and fhall 
be and admitted and received in payment in every purchafe, which fuch perfon or 
perfons may make at the fales of the forfeited eftates at the expiration of the Pfovifij, 
faid twelve months; Provided always. That the judges of the fuperior court in the to proceed in a 
refpective counties be empowered and authorifed to proceed in a fummary manner *"mmary way, 

1 •• r 11 i-rr.-nii \ <• r 1 not exceeding 

to determine in cafes where the caufe of action fliall not exceed fifteen pounds. £ij. 

X. And to the end that this act may be carried into effectual execution, for the 

benefit of this State, Be it further enabled by the authority afore/aid. That there be a Commiffioners 
board of commiffioners appointed by ballot of this houfe, to conlift of two perfons the^feveral ** 
out of each of the counties within this State, except Glynn and Camden, for which counties to car- 
there fliall be one chofen, which faid commiffioners, or a majority of the faid thir- execution, 
teen* commiffioners fo chofen, fliall be, and they are hereby empowered, authorifed 
and required, to take into their cuftody and care all and every the eftates real and perfo- 
nal which are confifcated by this act, and they are hereby empowered and authorifed 
to do all acts and things which are neceffary for carrying the fame into execution. 

XI. And be it further enacted by the authority afore/aid, That the faid commiffioners SaIcs wJ)en 
or a majority of them, be empowered and required, and. they are hereby empower- commence, 
vtl and required to proceed to, and begin the fales of the faid forfeited eftates, both 

rc.il and perfonal, in forty days from and after the palling of this act, on the follow- 
ing terms and conditions, to wit, feven years credit to be given to purchafers of the Conditions: Se- 
lnndcd or other real eftates, and four years credit to be given to purchafers of the per- van F ars credit 
tonal eftates : that the faid fales be public, and held on or between the hours of ten real eftates. 
o'clock in the forenoon, and three in the afternoon, with power of ajournment from Manner and 
day to day, or otherwife in fuch place or places as the faid commiffioners or a majo- tir -* cSo1 fale - 
rity of them, fhall judge moft convenient : that the faid commiffioners, or a majority 
of them, do and fhall iffue thirty days notice previous to the commencement of the 
laid fales, and that the higheft bidder be deemed and confidered a purchafer : that the 

faid 

* See a <5l of 1783, No. 47?, authorifing; a lefs number of commiffioners to be a board, and the powers herein 



■: declared void. 






24 8 DIGEST OF THE 

A. D. 1782. faid commiffioners or a majority of them, mail take a perfonal obligation iron every 
No. 267. purchafer of any part or parts of the real or landed eftates, with a mortgage of the fame, 
PU l^fbt S to ^ or the P avraent or " trie purchafe money at the time appointed by this aft, together with 
give perfonal fufficient fecurity for the payment of intereft annually, at the rate of feven pounds 
momn^onThe per cent - P er annum which payments of principal and intereft fhall be rendered in 
fame,' together Mexican dollars, or other monies, in gold or filver : That the faid commiffioners or 
fecarity forpay- a majority of them, mall take the bonds in the name of his honor the governor cr 
ment of the in- CO mmander in chief of the State for the time being, and his fucceflors in office •, 
Principal anl' and that the faid commiffioners, or a majority of them, be fully empowered and 
intereft to be authorized, and they are hereby empowered, authorized and required to execute 
Mexican dollars fufficient titles and conveyances for veiling the eftates real and perfonal in the perform 
cr otherwife in ^ ^ u refpectively purchafe the fame, their heirs, executors, adminiflrators, or 

gold or iuver. * > r * * '■ ~ 

Eondstobetak- affigns, refpedlively, for the terms for which they were fold : That the faid commil- 

of'the 'rovemor! Goners refpectively fhall, previous to their entering into the execution of their office, 

Titles to pur- give fecurity to the amount of three thoufand pounds fpecie to his honor the gover- 

clufers ow ^ _ commant i er jjj c hi e f f the State for the time being, and take the following 

Commiffioners oat h f office : " I, A. B. do folemnly fwear that I will diligently, truly, and im-- 

Vivc hoa/and partially, execute the duty of a commiffioner for the fale of the forfeited eftates,, 

fecurity for agreeable to the directions of the act, for the benefit of this State. So help me 

£300 and to be b )f 
fvvora. CjrOd. 

Their oath. -^H. j fJ j w hereas, notwithftanding the fcenes of cruelty and diftrefs which the. 

Families of per- ■ nd children of numbers of the good and faithful citizens of this State un- 
ions bammed to ° 

be afforded tem- derwenc, humanity dictates that a reafonable fupport and maintenance ihould be al-> 
porary fupport. lowed ta the families that may have remained among us belonging to perfons whofe 
eftates are confifcated by this act, Be it therefore enaEled by the authority aforefaid> That! 
the faid commiffioners or a majority of them, be hereby empowered, and authorized, 
and they are hereby authorized and required to grant a reafonable and temporary' 
maintenance to the families of fuch perfons as are banifhed by this act, until the 
legislature fhall hereafter direct or order a fixed fupport for the faid families. 
- , . , XIII. And whereas it is neceffary, for the public benefit, that all embezzlements,. 

embezzlement J ' * ' . 

of" confifcated removals, or concealments of the forfeited eftates, fhould be prevented, Be it there- 
Sy^anZpunifh- f ore enaEled by the authority aforeJaid y That any perfon or perfons who fhall from and 
ed with death, after the paffing of this act, wilfully, or intentionally conceal or embezzle any part 
or parts of the perfonal property confifcated by this act from the commiffioners ap- 
pointed by this act for the taking the fame into their cuftody or care, or who fhall 
convert the fame to their own ufe and behoof with intent to defraud the State, and 
prevent the commiffioners from felling or otherwife difpofing of the fame, that air 
and every perfon or perfons fo offending as aforefaid fhall be guilty of felony, and on. 
conviction thereof fhall fuffer death. 

XIV. And whereas doubts may arife whether the inhabitants of this State who» 
poflefs no grants for the lands formerly pur chafed of the Britifh commiffioners in 
Wilkes county, commonly called and known by the name of the ceded lands, are 
enabled to give landed fecurity, where the fame is required by this act, Be it therefore 

enaEled 



Wilkes countymir- 
chafed under. Bri- 
tifh commisiioner* 
un- 
s a« 



LAWS OF GEORGIA. 24.0 

enabled by the authority afore/aid, That the faid inhabitants are, and they are hereby h '-^'^y 2 ' 

declared capable of offering and giving fuch ungranted lands as fecurity to the com- inhabitants HoW- 

miffioners for the fales of the forfeited eftates in every of thefe cafes where fecurity cedc 
is required by this act. 

XV. And whereas, from the irruptions of the enemy, and the devaluation which ^itld^idl 
followed, various of the good people of the State may have loft their grants or titles feSr'liliS' 
to their lands, Be it therefore enacted by the authority afore faid, That all and every per- certain lands, the 

....... ,, iTii 1 rr rr i r • giants or titles of" 

fon under this delcription, and who are publicly known to be pofleued of the lands, which being io(t 
the titles or grants of which are fo loft or deftroyed, (hall be capable of giving fuch as fecm-hy. 
lands in fecurity, and fuch landed fecurity (hall be received in all and every of thofe 
cafes where landed fecurity is required by this act. 

XVI. And whereas i feveral fales of real eftates, forfeited and confifcated by the 
aft of attainder and confifcation which was paffed on or about the firft day of March, 
one thoufand feven hundred and feventy-eight, took place, the terms of which fales 

were not complied with, Be it therefore enabled by the authority aforefaid, That all Sales of real ef- 
and every fale of any part or parts of the faid real eftates, the terms of which were fjf cat i on a^of 
.not ftrictly complied with, and fulfilled on the part of the purchafer or purchafers, 1778, not ftri<ft- 
in the manner and forms prefcribed and required in the rules and regulations for fel- purchafers, de- 
ling the faid real eftates, "be deemed and held null and void ; and fuch fale or fales clared v0ld - 
are hereby declared to be null and void to all intents and purpofes whatfoever; and 
the commiffioners appointed by this act are empowered and required to take the T]ie fame t0 ^. e 
faid real eftates into their cuftody and care, and to be fubjected to fale under the a ft, 
power and authority of this act. 

XVII. And be it further enacted by the authority aforefaid, That the faid commiffi- Sales of planta- 
oners or a majority of them, be empowered and required, and they are hereby em- b J y > "h e °beft de- 
powered and required to proceed to the fales of the forfeited real eftates which have ftription to be 
been fettled heretofore, or which by public notoriety are known or generally under- 

ftood to contain a certain or fuppofed number of acres, under the defcription which 
the faid lot, plantation, or tract of land, ifland or iflands, (as the cafe may be) gene- 
rally bears and alfo to the fales of all fuch other unfettled real eftates as the faid com- 
miffioners, or a majority of them, can receive a well informed knowledge of, from 
wife and faithful citizens, who are or may be acquainted with fuch unfettled tracts 
cf land. 

XVIII. And be it further enabled by the authority aforefaid, Thar the State will and lfie S ( tate t& . 

J J J J ' ■ w-uarantee and 

do guarantee and defend the commiffioners appointed by this act, e>r a majority of defend thepro- 

rhem, in all their proceedings for carrying the powers and authorities given them by fa^es^made^y 

the fame into full effect, and will alfo warrant and for ever defend all. and every fale or the enmmiffion- 

i'ales which the faid commiffioners or a majority of them fhall make to any purchafer a Q % 

or purchafers of any part or parts of the real and pcrfonal eftates confifcated by this act. commiffioners 

XIX. And be it further enabled by the authority aforefaid. That the faid commiffion- allowed one and 
ersbe allowed a commiffion of one and an half per cent, on all fales of the real and per- Jfj jfoTs'befides 
fonal eftates, beiides all reafonable and juft expences incurred in carrying this act into reafonable ex- 
execution. 

I i XX. 



250 



DIGEST OF THE 



A. D. 1782. XX. And be it further enacled by the authority afore/aid, That the commiffioners- 
No. 2.67. {hall, and they are hereby required, from time to time, once in two months, make 
To make fre- out returns f 2 \\ their proceedings, and deliver the fame to his honor the governor 

auent return or r ° * o 



quent retur 



their proceed- or commander in chief for the time being, with the inventories of the different eftates, 
ings to the go- am j ^ f lic j a accounts of fales as may be finifhed, and alio all bonds and fecurities, andr 

fums of money, received, by them. 
Public acl tore- XXI. And be it further enacled by the authority aforefaidy That this act fhall be a pub- 
ceive the moil n c one> an d judicially taken notice of as fuch, and that the fame mall have the mod 
neficial con- full, liberal, and general construction, for the purpofes of carrying the fame into exe~ 
ilrucliun. cution in the moft beneficial manner ; and if the faid commiflioners or any of them, 

be impleaded or fued, or any perfon acting under their authority, for any matter or 
General iffue to thing dene by virtue of this a£t, they or he may plead the general iffue, and give 
be pleaded. t hj s ac "^ anc i t h e fpecial matter in evidence, and on verdict or judgment againft the 
plaintiff, or on his non-fuit or difcontinuance, the perfon or perfons fo fued fhall re- 
cover treble cofts. 

SAMUEL SALTUS, Speaker*. 
Savannah) May 4, 1 782. 



No. a68. An Acl for preventing improper or difaffeclcd perfons emigrating from other places, and: 
becoming citizens of this State y and for other purpofes therein mentioned. 

Temporary. — Expired. 

Auguft 5, 1782. 



No. 26.9. *^ K Acl for amercing certain perfons therein named, and for other 

purpofes therein mentioned- 

Preamble, -W » XHEREAS many perfons have withdrawn themfelves from the defence e£ 

y[yj this State, fome of whom bore high and important trulls, or commiffions 
under the fame, accepted protection from the enemy in utter contempt of the au- 
thority of the State, and to the evil example of fociety t, and forgetting all the focia£ 
ties of kindred and humanky did affift in endeavoring to enforce the laws of Britifh 
government, and overturn that mild and equitable fyftem of government, which 
they had aflilted to raife, and which it was their duty to fupport ; And -whereas it is 
but juft and reafonable, that the eftates of fuch perfons, both real and perfonal, be 
£na<5red. amerced, and that a due difcrimination fhould be made, Be it therefore enacled by 
ComrniiTioners^ t j }e re p re f en t a tives of the freemen of the State of Georgia in general ajfembly met, and by: 
ventory of ef- the authority of the fame. That the commiflioners appointed for carrying into execu- 
XSti&SlS t5on an a( ^' enti tled " An act for inflicting penalties on, and' confiscating, the eftates. 
of fuch perfons as are therein declared guilty of treafon, and for other purpofes 
therein mentioned," fhall, within two months after paffing this act, take an inven- 
tory 
* See act of 1785, No, 300, amercing certain other perfons, 



LAWS OF GEORGIA. * 5 i 

tory and appraifement of the eftates of the perfons herein after mentioned, viz. Tho- A. D. 1782. 
mas Polhill, Sir Patrick Houfton, John Sutcliffe, George Bafil Spencer, Thomas No. 269. 
Wylly, William Struthers, Amos Whitehead, Mc.Carten Campbell, James Lam- 
bert, Andrew McLean, John Irvine, George Cuthbert, Benjamin Farley, John 
Goldwire ? and Thomas Johnfton, and within four months thereafter, take out the 
amercement herein after mentioned, that is to fay, twelve per cent, on the true and 
equitable value of all fuch eftates both real and perfonal, of the perfons herein before 
mentioned ; and that the faid commiffioners or a majority of them, fhall inventory 
and appraife the eftates of the perfons herein after named, viz. William King, John 
Lowerman, Smith Clarenden, Stephen Millen, Jofeph Cuthbert, Jofeph Fox, Luke 
Mann, Thomas Walker, Nicholas Cavenagh, David Cavenagh, Peter Winn, heirs 
of George Walker, David Johnfton, James Johnfton, David Delegal, Benjamin Wil- 
fon, Robert Baillie, George Houftoun, James Mofsman, David Douglafs, William 
Stephens, and take out the amercement hereafter mentioned, that is to fay, eight Amercement. 
per cent, on the true and equitable value of all fuch eftates, both real and perfonal, 
which faid amercement (hall be paid by the feveral perfons herein before named, 
into the treafury of this State, within fix months from and after the paffing of this 
act ; and that the faid perfons herein before named, (hall be obliged to give to the 
faid commiffioners or a majority of them, a juft, true and perfect account on oath, of 
all their real and perfonal eftates which they are pofiefled of, or which others may or 
do hold in truft for them, within forty days from and after the paffing of this act ; 
and in cafe of refufal or neglect, the faid commiffioners or a majority of them are 
hereby empowered, authorized and required to have the eftates real and perfonal, of 
the perfons herein before mentioned, appraifed by three freeholders, who fliall be to reKdi* T<> 
fworn for that purpofe ^ and the faid perfons fo neglecting or ref ufing as aforefaid, count of their 
fliall forfeit double the amount of their refpective amercements, which fhall be re- feh. double a- 
covered by fale, out of any part of their real or perfonal eftates. mercemeia. 

II. Refpedting military regulations. Obfdkte. 

III. And be it further enacled, That the commiffioners or a majority of them, are Commiffioners 
hereby required to deliver all monies which they may receive by virtue of and in trca f urer , 
purfuance of this act, as well as all inventories and appraifements, and a copy of 

their accounts once in every thirty days, to the treafurer of this State, who is hereby 
authorized and required to give the faid commiffioners or a majority of them, a fuf- 
iicient receipt for fuch fum or fums as may be by him received. 

IV. Refpedting military regulations. Obfolete. 

V* And whereas it will be of great fervice to the State in recruiting the continental 
battalion, to receive all or a part of the different amercements immediately, Be it Perfons amerc- 
tnatled by the authority aforefaid^ That any perfon or perfons amerced as aforefaid, + er f " m/ on 
who fhall, within thirty days from and immediately after the paffing this act, pay orcaufe prompt pay- 
to be paid into the treafury or hands of the commiffioners, all or any part of the fum 
■he or they fhall be reflectively amerced, fuch perfon or perfons fo paying as afore- 
faid, fhall be entitled to, and allowed a deduction of ten per cent, on all fuch part of 
his faid amercement, as he fhall pay, or fo caufe to be paid, and any perfon fo fined 

of 






DIGEST OF THE 



A. D. 1782. 

No. 269. 



Allowed a de- 
du tion for fur- 
nifhinjv foldiers. 



Certain difqui- 
Iificatioiis for 

two years ; re- 
flored to the 
rights of c'ti- 
zenfhip in other 
refpeiSls. 



Offences (mur- 
der excepted) 
buried in obli- 
vion, but liable 
to civil actions. 



Commiffioners 
to make allow- 
ance for former 
payments made 
by perfons nam- 
ed in this act, 
where any of 
their eftates 
have been fold, 
the purchafers 
may or may not 
relinquifh. the 
fame at their 
optien. 



or amerced as aforefaid, who (hall, within the fpace of three months, fo pay or caufe 
to be paid, all or any part of his faid amercement as aforefaid, he or they {hall be 
entitled to, and allowed a deduction of five percent, any matter or thing herein 
contained, to the contrary thereof notwithstanding. 

VI. And be it further r enabled, That any perfon or perfons fo amerced as afore- 
faid, who fhall within thirty days recruit or enlift any able bodied foldier for the 
continental battalion and produce a certificate thereof within the faid time {hall be 
allowed a deduction from his faid amercment of the fum of forty pounds; and where 
any fuch perfon fhall place in the faid battalion any able bodied man as aforefaid 
within three months from and after the palling hereof, he or they fhall be allowed 
for every fuch foldier, the fum of thirty pounds to be taken from the amount of has 
faid amercement, fubject however to no other deduction whatfoever. 

VII. And be it further enabled* That all and. every perfon and perfons named in this 
act fh: ; 31 be, and' he and they is and are hereby declared to be disqualified, and ren- 
dered incapable to ferve on any jury or to vote at any election for members of aflem- 
bly, or to ferve in the fame,, for and during the fpace of two years from and after 
the paffing of this act ; but fuch perfon and perfons ate and is hereby declared to be in 
all other refpects reftored to the rights of citizenfhip within this State, on complying 
with the terms of this a£t, and taking the oaths of. allegiance before any of the affift- 
ant judges of the county to which they refpectively belong, in as full a manner as if 
the act of confiscation before named had never been made, or as any other American 
citizen doth enjoy the fame, fubject only to the difability in this act contained ; and 
all offences of a public nature (murder only excepted) fhall in regard to fuch perfon 
and perfons be forever buried in oblivion, faving only the right of civil actions to any 
perfon or perfons who may apprehend him,, her or themfelves aggrieved hy fuch per* ' 
fon or perfons named in this act. 

VIII. And whereas certain parts of the eftates real and perfon al* of feveral of tho 
perfons named in this act, have been under former laws fequeftered and applied to 
public ufe, and other parts have been fold, and difpofed of under and by virtue of a 
certain act of confifcalion, paffed at Augufta on the fourth day of May laft paft, and 
entitled " An act for inflicting penalties on, and confifcating the eftates of fuch 
perfons as are therein guilty of treafon, and for other purpofes therein mentioned £* 
Be it therefore, enabled by. the authority afore/aid, That in all cafes where any part of the 
monies have been received, or property in lieu thereof taken and applied to public uk, 
the amount of the fame fhall be acknowledged and received by the commiffioners 
appointed in and by this act, as fo much of the amercement of fuch perfon or perfons 
refpectively; and in all cafes where any part of the eftates, real or perfonal, of the 
faid perfons or any of them named in this act, hath been fold or difpofed of by the 
faid commiffioners,. it fhall and may be at the option of the purchafer or purchafersj 
either to give up his, her or their purchafe, or to keep the fame. In- the latter cafe 
the faid fale fhall be confirmed, and his honor the governor for the time being, fhall 
affign and fet over to the perfon or perfons whofe property was fo fold, all bonds, 
mortgages, and other fecurities taken for the fame by the faid commiffioners from 

the. 



LAWS OF GEORGIA. 2:3 

the faid purchafer and purchafers, and thereafter the faid bonds, mortgages and other A. D. 1782. 
fecurities, with the monies thereon due and to grow due, to hold to fuch perfon and No. 169. 
perfons refpe£tively, to whom the fame are fo affigned as aforefaid, and their refpec- 
tive heirs,, executors, adminiftrators- and afllgns, abfolutely for ever ; and in this 
cafe, no fuit or action (hall be brought againft the faidpurchafer and purchafers r for 
the fpace of two years from January next, and then whatever would be deemed a 
good payment to the public, fhall be held and taken as fuch by the perfon or perfons 
to whom the faid bond and other fecurities are affigned : And if it fhall fo happen, 
the faid purchafer or purchafers under the faid confifcation act, mall chufe to give 
up his, her or their purchafe, he, (he or they fhall have power fo to do, and the ertate 
real or perfonal, purchafed by fuch perfon or perfons being re-delivered to the owner 
or owners in this act named, the faid purchafer or purchafers fhall be entirely ac- 
quitted and releafed from all claim or concern in the faicl eftate, and the fame fhall 
hold to the faid original owner and owners, his, her or their heirs, executors, admi- 
nillrators and affigns forever, fubject only to the amercement, in this act fpecified 
and contained. 

IX. And be it further enacted by the authority aforefaid, That all fuch parts of the Mates of per- 
eftates of them the faid feveral perfons herein before named, either real or perfonal " on ^ lsrei " ? a * 

r ' -t med remaining 

which have not been already, and before the paffing of this aft fold and : difpofed of unfei.i.reftored. 
by the commiffioners aforefaid, fhall be, and the fame is hereby declared to be fully, 
truly, and abfolutely reftored, to them the faid feveral perfons herein before named 
refpectively, and their refpective heirs, executors, administrators, and afiigns for 
ever in as full and ample a manner to all intents and purpofes, as if the faid act of" 
confifcation pafled at Augufta as aforefaid had never been made. 

X. And be it further enabled by the authority aforfaid, That the faid feveral perfons subjeclhowevcr 
herein before named fhall pav and fatisfy the comnvffioners the full amount of their to P a P r . ent ot 
commiffions refpectively, on the fales of fuch part of their eftates as have been fold. 

XI. And be it enacted by the authority aforefaid, That the State will and do guarantee The State to 
and defend the commiffioners appointed by this act, or a maioritv of them in all their sj uara ' ltee aild 

, .... . . . deitnd the com- 

proceedingS for carrying the powers and authorities given them into full effect;, and mifiioners in 

will alfo warrant and for ever defend all and'every fale or fales, which the faid commif- . r P™ ctcd " 

' 7 ings. and war- 

fioners or a majority of them fhall make to any purchafer or purchafers of any part rant tie talis 

or parts of the eftates of the aforenamed perfons. made by them. 

XII. And be it enabled by the authority aforefaid, That the commiffioners for carry- Commiffioners 
inp- this act: into execution fhall be allowed one pound for every fuch hundred pounds allovved OTte i ,er 

. . i '1 •<-i-ni «■«/. and reaion- 

placed in their hands, and paid by them agreeably to the meaning of this act together able exptntes. 

with an allowance of fuch reafonable charges as may accrue from the execution of the 

fame. 

XIII. And be it further enabled, That if any perfon or perfons named in this act perfons con- 
fhall fraudulently make over or remove, or conceal' any part or parts of his or their ceahng any part 

J ' r l ; of their proper- 

property, with intent to defraud the State, fuch perfon or perfons fhall forfeit all and ty taken to fer- 

every fuch part or parts of his or their eftates fo made over, removed, or concealed, whole. 

on fatisfactorv proof being thereof made before any court of record within this State. 

XIV. 



2 54 



DIGEST Or THEv 



A. D. 17S2. XIV. And be it further enabled by the authority afore/aid, That this adt fhall be 
°' 2 9 * deemed a public act, and fhall be confidered in the mofl beneficial manner for the 

Public aft. 



intereft of the State. 

Savannah, Augujl 5, 1782. 



JAMES HABERSHAM, Speaker. 



No. 270. 



Courts of juftice 
opened pnd c- 
ftablifhed with 
as ample jurif- 
diclion in all 
criminal mat- 
ters exercifed 
within this State 
prior to the Bri- 
tifh invaiion in 
17 78. 



Trial of civil 
caure-s herein re- 
gulated. 



Where both par- 
ties are of this 
Stare, fuits to Pro- 
ceed in 11 dial way 
to judgment, if fur 
the plaintiff' above 
lol. be/ides colls, 
the court (hall on 
certain conditions 
(iay e&ecutton 
t'ltrcon two years. 



lodgments to 
Dear iatereft. 




An A 61 for opening the courts oflaiv and juftice within this State un- 
der certain reftriclions therein mentioned.* 

HERE AS it is expedient and neceffary that the courts of juftice be immedi- 
ately opened under the reftriclions herein after mentioned 5 

I. Be it therefore enabled by the reprefentatives of the freemen of the State of Georgia in 
general affembly met, and by the authority of the fame. That the courts of juftice for the 
trial of all criminal matters or fuch as are carried on in the name and behalf of the 
State be, and they are hereby declared to be henceforth opened, and from and im- 
mediately after the palling of this a£l well and fufficiently authorifed and empowered 
to hold plea and take cognizance of, and to proceed to judgment and execution in all 
matters, caufes, and things of a criminal nature whatfoever in the fame manner, and 
as fully and effectually to all intents, conftruclions and purpofes as formerly, and 
with as ample a jurisdiction as the faid courts ufed, exercifed or enjoyed within this 
State prior to the invafion of the Britifh forces of the fame in the year of our Lord 
one thoufand feven hundred and feventy-eight. 

II. And be it further enabled by the authority aforefaid, That the courts of juftice, 
for the trial of civil caufes, or thofe which arife or lie between man and man, be 
and they are hereby declared to be opened, and from and immediately after the pall- 
ing of this act: well and fufficiently authorifed and empowered to hold plea, and take 
cognizance of, and to proceed to judgment and execution in all matters, caufes and 
things of a civil nature whatfoever in manner and under the regulations herein after 
mentioned, that is to fay : Where the fuit or action fhall be between parties both 
refident in this State, the fame fhall be allowed to proceed in the ufual form and 
manner to judgment; but after judgment obtained, in cafe the fame fhall be for the 
plaintiff, and fhall exceed the fum of ten pounds, befides cofts, either debt or da- 
mages, the judge or judges before whom the faid fuit, action or caufe fhall be 
brought or tried fhall (lay execution thereon for the fpace of two years from and after 
the paffmg of this act, on condition that the defendant or defendants give fatisfactory 
fecurity that he, fhe or they will not leave this State, or fraudulently remove his, 
her or their property out of the fame within that time, and fhall alfo allow interefl 
on the faid debt or damages fo recovered as aforefaid; and where the fuit or action 
fhall be between parties either both traufient, or the one refident, and the other tran- 
fient, the fame fhall be allowed to proceed in the ufual form and manner to judg- 
ment 



■Certain parts of this aft repealed by aft of 1 786, No. 344. And finally repealed by aft .of 1785, No. 421^ 



LAWS OF GEORGIA. 



■51 



ment j but after judgment fo obtained, in cafe the fame fhall pafs for the plaintiff, 
and fhall exceed the fum of ten pounds, befides cofts, either debt or damages, the 
judge or judges before whom the faid caufe fhall be tried fhall ftay execution the 
fame for the fpace of fix months thereafter, on condition that the defendant or de- 
fendants give fatisfactory fecurity that he, fhe or they will not leave the State afore- 
faid, or fraudulently remove his, her, or their property out of the fame within that 
time, and fhall alfo allow intereft on the faid debt or damages fo recovered as afore- 
faid ; Provided always. That nothing in this act contained fhall extend or be con- 
ftrued to extend to ftay, retard, or delay any fuit, judgment, execution, or other 
procefs commenced or brought, or to be commenced or brought by his honor the 
governor for the time being, or by any other perfon or body for or in behalf of the 
State, or wherein the State collectively fhall be concerned. 

III. And be it further enacled, That the courts of confcience fhall be alfo opened, 
and all caufes belonging to the monthly courts fhall be allowed to proceed as well 
before as after judgment in the old and ufual manner ; and all other caufes belong- 
ing to the quarterly courts of confcience whofc jurifdiction extends from forty (hil- 
lings to ten pounds, fhall be allowed to proceed in the old and ufual manner until 
judgment be obtained, but after that, execution fhall be ftayed for the fpace of 
twelve months on condition that fatisfactory fecurity be given and intereft allowed 
as aforefaid. 

IV. And be it farther enaEled by the authority aforefaid, That in cafe default fhall be 
made in payment of the fums for which judgments fhall be obtained as aforefaid, it 
fhall and may be at the option of the plaintiff or plaintiffs at the expiration of the 
refpective terms herein mentioned (as the cafe may be) in all and every matter com- 
ing within this act, either to take out execution againft the body, lands or goods of 
the defendant or defendants, or elfe to proceed by a new action for recovery of his, 
her or their money, againft the fecurity given as aforefaid; and in the latter cafe no 
effoign, wager of law or imparlance whatfoever, fhall be granted, but execution fhall 
iffue on the judgment fo obtained againft the fecurity immediately, that is to fay, as 
foon as the fame may iffue agreeable to the (landing rules of court, independent of 
this act. 

V. And be it further ctmfted, That no fale fubfequent to judgment of any 
lands or tenements, goods or chattels, by any perfon or perfons whatfoever, 
who fhall claim the indulgence allowed by this act, dial! be good and valid againft 
the plaintiff or plaintiffs in any fuch judgment, unlefs the defendant or defendants 
hath or have left fufRcient eftate to pay and fatisfy the debt or damages and cofts of 
fuch plaintiff or plaintiffs : And it is hereby declared to be the true intent and meaning 
of this act, that the indigencies aforefaid of fix months, two years, and one year, (as the 
eafe may be) are only meant to be granted in cafes where the contract was made, 
or the caufe of action arofe prior to the twelfth day of July laft paft j and that in 
all cafes where the contract hath been made, or the caufe of action arofc fubfequent 
to that period, the parties are to proceed and defend in the ordinary courfe, and with- 
out any fpecial indulgence being claimed or granted after" judgment. 

YL 



A. D. 1782. 

.No. 270, 

In fuics between 
other perfons, 
fix months it ay 
on like condi- 
tions. 



Provifo . 
Not to afiecl 
cafes in behalf 
of the State. 



Courts of con- 
fcience and 
monthly courts 
toproccedia the 
ufual way. Stay 
of execution lz 
month* on judg- 
ments of the 
former, fecurity 
being given. 
Judgments 
therein to bear 
intereft. 

Execution may 
iffue againft the 
body or efiate of 
defendant — or 
plaintiff may 
bring a new ac- 
tion againft the 
fecurity. 



Sales of land, 
£cc. fubfequent 
to judgment in 
cafes of indul- 
gence not valid 
unlefs fufRcient 
eftate be left. 



Indulgence af- 
ter judgment to 
be granted in 
no cafe Lut 
where the caufe: 
of adlion arofe 
prior to lath 
July laft. 



z;6 DIGEST Of THE 



•j 



A. D. 1782. VI. And whereas in confequcncc of the depreciation of money prior to the reciuc- 
No'. 270. tion of Savannah by the Britilh troops, and the troubles and con fufion that have taken 
place and exifted ever fince that period, many difficult and intricate caufes in matters 
of account will neceffarily arife, which a common jury may not be fufficientiy quali- 
fied to decide without the help of a depreciation table : And whereas no depreciation 
table being as yet formed, it is neceffary that fome mode be fubftituted to affift 
common juries, until fuch depreciation table be formed and eftablifhed by law ; 
In cafes of ac- Be it therefore enacted by the authority aforefaid. That in all cafes of account or in- 
fons may~be ap- tricacy which (hall happen in any of the faid courts within this State, it (hall and may 
pointed to esa- be lawful for either party after the caufe is at iffue to apply by petition or motion to 
a ftatement of tne judge or judges before whom the faid caufe is depending, and to pray that the 
the fame to lie fame be referred to two intelligent and indifferent perfons in the vicinity, the one to 
j ur y. be chofen by the petitioner, and the other by .the oppofite party, if fuch party (hall 

agree to do fo, but if not, then by the court •, and the whole matter in difpute (hall 
be fully confulered by the faid two perfons as foon as conveniently may be thereafter, 
and they (hall, to the bed of their knowledge and ability, make a juffc date and true 
account thereof, with their opinion of the merits fully expreffed, and return the 
fame to the court without lofs of time; and the faid (late and account with the 
Provifo. opinion of the faid two perfons, (hall, on the trial of the faid caufe, be laid before 

This mode fliall the jury, who (hall be allowed to pay what regard thereto they fliall think proper. 

continue until a . , , , . inn • -i 1 • 1 

depreciation ta- Provided neverthetefs, JLhat this mode (ball continue until a proper depreciation table 

bio (hall be for- c Qr t ^ e f e ttlement of matters of account and intricacy (hall be formed and eftablifhed 

rued and no 4 

longer. by law, and no longer.' 

VII. And be it further enatled, That in all cafes whatsoever., demurrers, fpecial 
cial pleas in a- pleas in abatement, and all unneceffary prolixity and nicety, (hall as much as poffible 
batetnetrt, pro- b e difcouraged by the feveral courts within this State ; the general iffue (hall be ufually 

iixitynnd nicety ' r r r> 1 • 1 1 • r 1 it r 

fliall he difecu- pleaded, and all matters of fact which go to the merits ol the diipute, and are for 

raced by the t j ie advancement of iuftice between the parties at variance (hall be allowed to be 

courts J , l 

General iffue to given in evidence under the faid plea, though not coming within the (trier, rules of 

beufuallypkad- f ormer practice 3 and in every cafe it (hall be at the discretion of the court to admit 

parties to avail themfelves of fubftantial advantages as well by motion as if the fame 

had been brought on by a formal plea. 

Attachments to VIII. And be it further enacted. That nothing in this a£t contained, fliall extend or 

be proceeded in be conftrued to extend to the cafe of attachments, further or otherwife than to open 

the courts for the fame, and then to leave the' faid attachments on the fame footing 

as they formerly flood, both in refpect to the manner of commencing and the mode 

of proceeding in the fame, as well before as after judgment obtained. 

That the flatute ^" And whereas ti\z comxXs ol juftice in this State have been greatly interrupted 

of limitations i n their proceedings fince the firft day of July, in the year of our Lord one thou fan d 

r^rvlry oViuFt feven hundred and feventy-five, and it may happen that the (tatute of limitation will 

Sep 1 *.- bar the recovery of many juft debts, which could not be fued for fince that tune ; 

Be it therefore enacted^ 1 hat the fpace of time* intervening between the faid firft day 

of 

* The time further extended by acl; of 1788, No. .587. 



LAWS OF GEORGIA. 

■of July, one thoufand feven hundred and feventy-five, and the twelfth day of July 
iafl paft, fliall not in any cafe or upon any bond, contract book-debt or other agree- 
ment be counted on or allowed to reckon as a part of the time allowed for the reco- 
very of debts within the faid flatute of limitations, but in all cafes the time interven- 
ing between the faid two periods fhall be rejected, and taken out of the computation 
in refpect to fuch debts, contracts, book-debts, and other agreements. 

X. And be it further enaBed, That this act fhall be a public act, and fhall he con- 
fidered and held as fuch in all courts within this State, without being fpecially pleaded, 
and fhall receive the moft liberal and beneficial conftructions for carrying the fame 
into effect. 

JAMES HABERSHAM, Speaker. 
Savanna!?, Augufl 5, 1782. 



An AH for the taking the name of William Stephens from and out of the amercement law 
of this State, and for the refloring him to ell the rights, privileges, and immunities of 
a free citizen. 

Savannah, February 8, 1783. 
Private. 



2*7 

A. D. 1782. 

No. 270. 

The fpace of 
time between 
ift July, 1775, 
and 12th July, 
1782, fhall not 
be reckoned in 
the computation 

Public a<fh 



A. D. 1783. 
No. 271. 



An AB for empowering a lefs number of commiffioners to be a board 
than is mentioned in the aSi paffed at Augujla on the fourth day of 
May one thoufand feven hundred and eighty- tivo, far i?if idling pe- 
nalties on-, and confifcating the eflates of fuch perfons as have been 
guilty of treafon againjl this State-, and for other purpofes therein 
mentioned, 

WHEREAS in and by the act paffed the fourth day of May one thoufand 
feven hundred and eighty-two, entitled " An act for inflicting penalties 
on, and confifcating the eflates of certain perfons, and for other purpofes therein 
mentioned" commiffioners were appointed for carrying the fame into execution and 
were inverted for that purpofe with fuch powers as are therein fet forth and con- 
tained. And whereas the faid law declared a majority of the faid commiflioners 
competent to proceed on the execution of the fame, and it is now manifefh the in- 
tentions of the law are retarded and prevented by the difficulty of getting together 
a majority of the commiflioners fo appointed to proceed to bufinefs, Be it enabled by 
the rtprefentatives of the freemen of the State of Georgia in general affembly met, and by 
the authority of the fame, That from and immediately after the paffing of this act, 
Charles Odingfells, Hugh Lawfon, and Abraham Ravott or a majority of them fhall 
be and they are hereby declared commiflioners fully eftablifhed and inverted with all 
.and every the powers and authorities, a majority of the whole of the faid commif- 
fioners named and appointed in the faid law were by the fame actually invefted and 



No. 27 a, 



Preamble. 



Enacted. 
Three commif- 
lioners named; 
invefted, under 
certain reftric- 
tions, with all 
the powers of 
thofc under the 
confiscation act. 



K k 



empowered 



2 5 8 



DIGEST OF THE 



A* D. 1783. empowered with, except the proceeding to fale of confifcated real eftates, and except 
No. 27*. the fale of confifcated perfonal eftates without the fanction, concurrence arid order 
of his honor the governor and executive council for the time being, fhall be firfh 
had, obtained and given for the fale of fuch confifcated perfonal eftates only, any thing 
in the faid confifcation law aforefaid to the contrary thereof contained nctwith- 
ftandinp;. 

II. And be it further enabled by the authority aforefaid. That all and every power 
and powers derived by any of the commiffioners except Charles Odingfells, Hugh 
Lawfon, and Abraham Ravott, by, from or under the confifcation act paffed at 
Augufta as aforefaid, is and fhall immediately after the palling of this act be an- 
nulled and declared void, any thing in the faid confifcation act to the contrary 
notwithstanding. 

III. And.be it further enacted by the authority aforefaid, That his honor the governor 
by and with the advice and confent of the executive council, fhall be and he is 
hereby empowered to give his fanction, concurrence, and order to the faid commif- 
fioners on any preffing exigency of the State to proceed to fale of fuch confifcated 
perfonal property, as fuch exigency may require, on fuch terms as may appear to- 
them to be moft advantageous for the State. 

IV. And be it further enabled, That Charles Odingfells, Hugh Lawfon, and Abra- 
ham Ravott, commiffioners as aforefaid and hereby appointed, fhall be and they 
hereby are inverted and authorifed with all and every the powers and authorities, the 
majority of the commiffioners named and appointed in and by the faid confifcation 
law were and are inverted with, by an act paffed the fifth day of Auguft laft paft,. 
entitled " An act for the amercing feveral perfons therein named^ and for other 
purpofes therein mentioned ;" any thing in the faid amercement law to the contrary 
thereof contained notwithstanding. 

Public a&. V. And be it further enabled, That this act fhall be a public act> and given as 

fuch in evidence. 

N. W. JONES, Speaker.. 
Savannah* February 8, 1783. 



The powers 
thereby given to 
the other eoat- 
miffioners de- 
clared void. 



Governor and 
council may di- 
rect fales ofpei- 
fonalpropeny. 



The above com- 
miffioners in- 
verted with the 
authorities giv- 
en to a majority 
under the a- 
merceme.nl act. 



No. m- An Aft for opening the land office-, and for other purpofes therein men- 
tioned.* 

WHEREAS it will tend much to the benefit and advantage of this State that 
the unlocated lands within the fame be granted out, and that all due encou- 
iand office o- ragement he given to the immediate fettlement thereof, Be it therefore enabled by the- 
psned. reprefentatives of the freemen of the State of Georgia in general affembly met, and by the au- 

thority of the fame, That from and immediately after the paffing of this act, the land 
office fhall, and the fame is hereby declared to be opened and all and every perfon and 
perfons applying for land agreeable to the terms herein after mentioned, fhall be enti- 
tled 

* Some part of this act repealed and. amended by acl of 1783, No. 283-, 



LAWS OF GEORGIA. 



*59 



tied to a grant of the fame, that is to fay, each matter or head of a family fhall be 
allowed as his own head right, and without any other or further charges than the 
office and furveying fees, two hundred acres ; and fuch perfon fhall alfo be permitted 
to purchafe at the rate of fifty acres for each and every head right in his family, on 
the following terms, that is to fay, f one {hilling per acre for the firft hundred acres, 
and one (hilling and fix-pence per acre for the fecond hundred acres, two (hillings per 
acre for the third hundred acres, and two (hillings and fix-pence per acre for the fourth 
hundred acres, and fo on in the fame progreffion according to the number of head 
rights in fuch family. Provided, The quantity of land granted and fold to any one 
perfon (hall not exceed one thoufand acres, and that fuch perfon do live on, and cul- 
tivate a part of the faid land, twelve months before he or (lie (hall be entitled to a 
grant for the fame.:}: And alfo further provided, That fuch perfon hath not heretofore 
received the head right for which he or (lie then applies, either under the prefent or 
former government within this State. 

II And whereas this State hath made engagements to the foldiery and other troops 
which in juftice they ought to fulfil, Be it therefore enabled, That in cafe any officer 
or foldier or other perfon claiming under fuch engagements as aforefaid, (hall produce 
a certificate from his honor the governor for the time being, that a tract or trails of 
land is or are due to him, that then fuch officer, foldier or other perfon fhall be enti- 
tled to a warrant and grant for any unlocated lands (agreeable to the quantity contain- 
ed in his certificate) within this State. 

III. And be it further enabled, That every perfon applying by head rights as afore- 
faid, (hall previous to his obtaining a grant for his land, or having it in his power to 
-difpofe of the fame, (otherwife than by will) fettle and improve a part of fuch tract or 
tracts as he may obtain a warrant and furvey of, for the fpace of twelve months as 
aforefaid, and fhall actually cultivate and clear at the rate of three acres at lead for eve- 
ry hundred acres of the faid land. 

IV. And be it further enabled, That there (hall be a furveyor general for the State, 
and alfo a *furveyor for each county annually chofen by the legeflature, and fuch coun- 
ty furveyor fo elected (hall have power to appoint one or more affiftants, if neceffary ; 
and the aforefaid county furveyor, or his affiftant or affiftants, are hereby authorifed 
to lay out and furvey to any perfon or perfons who fhall apply, all fuch lands as he, 
(he or they may have obtained a warrant for, and the faid county furveyor is hereby 
required to keep an office in that part of the county where the fuperior court is holden j 
in which faid office fhall be recorded all fuch plats or furveys belonging to fuch coun- 
ty as (hall be made within two months from the date of the warrant, and the faid 
county furveyor (hall alfo tranfmit to the furveyor general a fair copy of the fame, 
together with the warrant, within three months from the date of the latter, and the 
furveyor general (hall record fuch plat in his office, and when, and as foon as the full 
confideration money for the faid land (if granted on purcliafe as aforefaid) together 

with 



A. D. 1783. 

No. 273. 
Head rights- 
head of a family 
allowed 300 a- 
cres without 
further charge 
than office fees, 
and to purchafe 
for the reft of 
his family. 
Provifo. 
Not more than 
1000 acres to he 
granted to any 
one perfon who 
fhall live on and 
cultivate a part 
thereof twelve 
months before 
he is entitled to 
a grant. 

Engagements to 
the foldiery. 
The governor 
to grant war- 
rants on officers 
and foldiers cer- 
tificates for land 
agreeably to the 
quantity con- 
tained in each. 
No perfon to ob- 
tain a grant on 
head rights, or 
tofelllandwith- 
out actual fct- 
tlementandcul- 
tivation of at 
leaft 3 acres for 
every hundred. 

Surveyor gene, 
ral for the State, 
and a furveyor 
for the refpec- 
tive counties to 
be annually ap- 
pointed by the 
jegiflature. 
County furvey- 
orsto lay out on 
warrants all 
U misapplied for 
within their 
county. 

The manner of 
paffing the fame 
into grants. 



f May be paid in audited certificates by act of 1783, No. 283, fcft. 3. By act of 1784, No. 
the purchafe money for land in Franklin and Wafhington payable only in gold and filver. 
\ Settlement and cultivation not neceffary. See act of 1784, No. 289, feci:. 17. 
* Now elected by the people in each county. See act of 179a, No. 475, fcct. 47. 



189, feci;. 6, 



160 DIGEST OF THE 

A. D. 1783. with office fees fhall be paid, the faid furveyor general fhall record fuch plat in his. 

No. 273. office, and pafs the original into the fecretary's office for a grant thereof to be made 

out and figned by the governor, or in his.abfence by the prefident for the time being, 

when the party fhall be entitled thereto under the terms aforefaid; and the faid grant 

when figned as aforefaid fhall be returned to the fecretary's office to be there fealed; 

with the great feal and :{; registered ; and then after the fame fhall be tranfmitted ta 

its proper county, and lodged in the office of the county furveyor, to be there 

Provlfo. recorded, and then delivered out to the grantee :.. Provided always. That in cafe the- 

Purch^e money con f lc i e ration money for any lands granted on purchafe fhall not be paid into the 

and omce fees * J ° L r 

not being paid treafury, and a certificate thereof lodged with the furveyor general, (which fhall 

fromdie'dafeQf ^e t ^ ie P ro P er mode of paying all purchafe monies for lands granted under this act): 

the warrant the and alfo all office fees paid within *twelve months from the date of the warranty 

lapfed. then, and in fuch cafe the land -mentioned and contained therein fhall be deemed; 

lapfed and liable to be granted out to any other perfon who fhall apply for, and prove- 

rights agreeable to this lav/ for the fame. And aifs provided, In cafe any caveat 

fhall be entered againft the paffing of any grant, that then the figning and fealing of 

the fame fhall be ftayeci until the determination of fuch court... 

Caveats againft V. And be it further enafied, That all caveats againft the paffing of grants, fliall? 

craitfsto be en- he entered in the office of the county furveyor where the land lies, who fhall give* 

tered in the notice thereof by advertifement, in the moft public place of the faid county, at leaffc 

or's office, who thirty days before a final determination is had on fuch caveat > and the manner of; 

is to give 30 trying fuch caveats fhall be as follows : The juftices of the county, or any three of 

tice thereof. more of them, fliall, on the day fucceeding the day on which they meet for the pur- 

Ihe manner of r £ granting warrants for land, caufe to be drawn and fummoned out of the- 

laying the farae. -r & o » 

County furvey- by-ftanders (being freeholders within this State) a jury of twelve men, who being; 

knonthl^all * ^ u ty ^ worn to try the matter according to law and equity, fhall immediately proceed: 

plats with, the to try and give their verdict thereon, which fhall be final and conclufive;f and the ; 

an^jfccount^of f a *d county furveyors fliall once in every month, when, they reflectively tranfmit to 

all caveats to be the furveyor general fair copies of plats, together with warrants as before directed,; 

governor. alfo tranfmit and fend to the faid furveyor general a regular account of. all caveats, 

depending or determined in their -refpectiv.e counties, in order that the fame may,, 

from time to time, be laid before the honorable the governor and executive council,, 

as a guide in refpect to the figning of grants. 

A majority of yi. And be it further enafted, That a majority § of the juftices belonging- to . each' 

county tmpow- county fhall be empowered, and they are hereby required, on the fkft Monday in ; 



juftices in each 
c 

ered to iffue each month, and for as many days immediately following as they fhall find it necef- 



warrantson firft r 

Mondayin each fary, to hold a court (at the place where the tupenor courts 01 iuch county are uiually, 
m ™ th at the ^gjj) f or the purpofe of receiving applications for lands, and. according to juftice- 
fuperior courts. ancfe 

I Not necefiary to be regiftered. See act of 1786, No, 325, feci. a-. 

* The time of payment extended by act of 1785, No. 310, feet. 3. 

f Appeal allowed to the governor and, council by act of 184, No. 189, feet, \o. See alfo 16th fection. 

§ By act of 1783, No 383, feci. 2. Any five including an affiftant juftice may hold land-court. The 
fame powers veiled in three or mors common juftices. Warrants to be figned by them.all, by act of 1785,. 
No. 4»a. 



LAWS OF GEORGIA. z6t 

and the true intent and meaning of this act •,' they, the faid juftices, or a majority A- D. 1783; 

of them, (hall order warrants to iffue, and the fame fhall be figned, by the fenior JSo " 272 ' 

juftice then prefent, and attefted by the clerk, commanding and requiring the county t j,^ f en f n r e \ n J, 

furveyor to layout and admeafure fuch tract or tra£ts of land within their refpe£tive tice prefent and 

counties, as they fhall think fit to grant under the terms and directions contained in t i er k. 
this law. 

VII. And be it further enacted. That all and every perfon and perfons before he, Perfons apply-- 

fhe, or they fhall obtain a warrant or warrants for any land within this State, (hall, ar eto befwom 

on oath declare, before the faid iuftices holding; a court as aforefaid, that he, fhe or b , efore the j" f - 

- tices. 

they hath, or have not taken up or obtained land in this State for the head rights or 

any of them at that time applied for. And alfo that he, fhe or they doth, or do not The oath. 

hold, nor have had granted under the prefent or former government to him, her or 

them, on head rights as aforefaid, any quantity of land exceeding one thoufand 

acres, nor more land than together with what is at that time applied for, will make 

a quantity exceeding one thoufand acres ; and fuch perfon or perfons fliall alfo, at 

the fame time, produce a certificate figned by two or more juftices of the county 

he, fhe or they laft refided in, or fuch other credentials as will fatisfy the court of Atlc5 '7 produce- 

the honefty and integrity of the perfon or perfons fo applying, and thereafter the their honefty- 

faid warrant fhall ifTue, figned and attefted as aforefaid, and run in the following andinr - e £ nt y- 

form : " By the court of juftices for the county of To A. B. county Jurveyor for the Form of war- 

faid county. You are hereby authorized and required to admeafure and lay out, or caufe 

to be admeafured and laid out unto G. D. a traEt of land which fhall contain acres 

in the faid county of (here defcribe the buttings and boundings of the land as 

particularly as may be) taking fpecial care that the fame has not heretofore been laid out' 

to any other perfon or perfons , and you are hereby alfo directed and required to record the 

plat of the fame in your office, and tranfmit a copy thereof, together with this warrant, 

to the Jurveyor general, within the term of three months* from this date. 

Given under my hand as fenior jufiice of the faid court, this day of 178 ." 

Villi And be it further enabled, That the clerk of the faid court of juftices fliall clerks of thee 
keep a regular book of entries of all applications made and warrants iffued, fpecify- iand courts to 
ing the buttings and boundings of the lands contained in the fame ; and the feveral books of entry, 
county furveyors fhall, previous to their entering on the execution of their office, County furvey- 
take and fubfcribe the following oath before two or more of the juftices of the county 
to which they refpedtively belong. " /, A. B. do folemnly fwear, that I will, to the ffff ° t lC 
beji of my fkill and knowledge, dif charge the duty of furveyor for the county of and' 

that I will not admeafure, furvey or lay out, or knowingly admit of, or caufe to be admea- 
fured, furveryed or laid out, any land without a warrant ft if obtained for thatpurpofe." 
And fuch county furveyors refpe£tively, fhall give- bond with approved fecurity, in And give bond 
the penal fum of five hundred pounds fpecie,j- to his honor the governor for the the governor iu 
time being, conditioned for the good behavior in office, and true performance of the penalty of 

the £5 °°' 

* Extended fix months by adl of 1785, No. 304, fed. 8. Further extended by act of 178.6, No. 32J.— 
Warrants never out of date, if furveyed within two years. 
j- Altered to £?.coo by acl of 1789, No. 422, feci. 4. 



202 



DIGEST OF THE 



A.D. 1783. 

No. 273. 

Their duty 
punctually to 
carry into exe- 
cution all orders 
and inftruclions 
of the furveyor 
general ; 
And to f wear all 
chain carriers. 

All warrants if- 
fued fiuce the 
revolution, and 
furveys there- 
upon to be re- 
turned to the 
court ©f juftices 
where the land 
lies, fubject to 
their order. 
To be a rule with 
the julHces and 
iu'veyors, that ci- 
tizens entitled on 
29th Decern. 177H, 
tij grants of lands 
already run, b> a- 
ny la-v or ordtr of 
the prefent go- 
vernment il 1 ail I re- 
ceive fucli giants 
free of further 
c harge than office 
fees. 



Proclamation of 
1778, inviting 
l'tttlers. 



Perfons bona fide 
entitled to 
grants of land 
under the terms 
of tht fame, and 
who have fixed 
fome mark of 
poffeffion there- 
on, or their le- 
gal representa- 
tives, to have 
preference, 
without further 
charge than of- 
fice fees. 

All furveys be- 
yond the tem- 
porary bounda- 
ry line declared 
vsid. 



the truft repofed in fuch furveyor ; which faid bond fhall be taken in and by the farfk 
court of juftices which fhall convene and fit after the appointment of fuch county 
furveyors refpectively, and the fame fhall be immediately tranfmitted to his honor 
the governor, liable to be put in fuit in cafe of any mifbehavior in the faid county 
furveyor j and it fhall be a part of the duty of fuch county furveyors, punctually 
to obferve and carry into execution all fuch orders and inftruclions as they fliall from 
time to time receive from the furveyor general, and to fwear or caufe to be fworn, 
all chain carriers within their refpe£tive counties. 

IX. And be it further enaEled, That all warrants heretofore (that is to fay fince the 
revolution) obtained for vacant land and furveys, that have been made in confequence 
of fuch warrants, within the prefent temporary boundary line between the white 
inhabitants of this State and the Indians, fhall be delivered in to the court of juftices 
of the county where fuch land lies, who fhall make fuch order to the county furveyor 
refpecting the fame as the nature of the cafe may require, and as to juftice fhall ap- 
pertain. And it fliall be a Handing rule with the faid court of juftices and county 
furveyors, and all others concerned in the execution of this law, that in all and every 
cafe where any perfon or perfons whatfoever, or his legal reprefentative or reprefen- 
tatives (being at this time a free citizen or citizens of America) was or were on the 
twenty-ninth day of December, in the year of our Lord, one thoufand feven hun- 
dred and feventy-eight, entitled by any law or order of the prefenr government, to 
a grant of lands already run and located by fuch perfon or perfons, that in all and 
every fuch cafe the faid grant fliall now actually pafs, and be figned and fealed with- 
out any further or other additional charges or incumbrances (in confequence of this 
law) upon the fame, except office fees. 

X. And ivhereas % in the year of our Lord, one thrtufand feven hundred and 
feventy-eight, there was iffued by the authority of this State, a proclamation invit- 
ing fettlers to migrate into the fame, in confequence whereof many perfons did 
actually come into the State and fat down on pieces or parcels of vacant land, for 
which they meant to apply for grants under the terms of the faid proclamation j but 
by reafon of the confufions which have fince taken place, they, the faid perfons, 
have not been able as yet to obtain or take out fuch grants, Be it therefore enaSled, 
That on all and every cafe where it fhall appear, that any perfon or perfons is or are 
really and bona fide entitled under the terms of the faid proclamation, to any grant or 
grants whereon he, fhe or they have fixed fome mark of poffeffion within the prefent 
temporary divifion line between the white inhabitants and the Indians, that he, fhe 
or they fo entitled as aforefaid, or his, her or their legal reprefentative or reprefenta- 
tives, fhall have the preferencef on application for the faid land, to all and every 
other perfon or perfons whatfoever, and there fhall not be any other or further charge 
(except office fees) on the faid land, than was to have been paid on the fame, at the 
time fuch perfon or perfons took poffeffion thereof as aforefaid, any thing in this a£l 
contained to the contrary thereof in aRywife notwithftanding. 

XL And be it further enabled, That all furveys which have or may have been made, 
or lines run by any means or under any pretence whatfoever, beyond the prefent tem- 
porary 
f See aft of 1785, No. 304, feci. 7, as to right of preference in cafe of two grants. 



LAWS OF GEORGIA, 263 

porary line within this State, between the white inhabitants and the Indians belonging A. D. 1785, 
to the fame, or on any part of the lands not already laid out into counties, but No. 273- 
allowed to remain as hunting ground for the Indians at prefenr, {hall, and the fame 
is and are hereby declared to be null and void to all intents and purpofes, as though 
fuch furveys or lines had never been made ; and all and every perfon or perfons- 

whatfoever who {hall hereafter furvey, or affift in furveying, or procure to be J" e ^liinTor 

furveved and marked with lines, any of the lands above defcribed whereon the attempting to 

Indians are allowed to hunt for their fupport, or who fhall obtain, or attempt ve^to "forfeit 

to obtain a grant for the fame, before fuch lands are taken within the boundary 2 °f- for evei 7 

of the white inhabitants of this State, and the mode of granting fuch lands fo to De recovered 



pay. 



committed to 

g a 



be taken in, be agreed and determined on by the legiilature, and publifhed by pro- * nd app^d. On 
clamation ; and all and every fuch perfon and perfons fhall forfeit and pay a penalty mem ma 
of twenty millings* for every acre of land he, fhe or they fhall fo run or attempt to com . n 
run, or obtain or attempt to obtain a grant for, which faid penalty fhall be recovered 
in any court of record or confidence (according to the amount thereof) within this 
State, and fhall be for the ufe of any perfon or perfons who will inform of and fue 
for the fame, either by way of information or action ; and if the perfon or perfons 
againft whom a judgment fhall be obtained for any penalty as aforefaid, fhall be 
unable to pay the fame, or will not produce property whereon the IherifF may levy 
to the amount thereof, he, {he or they fhall be liable, and the juftices of the county 
where fuch caufe {hall be tried, lhall order him, her or them into clofe confine- 
ment, without bail or main-prize, for the fpace of two days for every twenty 
{hillings, the faid penalty fo recovered as aforefaid, {hall confift of, and which fhall 
remain unpaid out of the property of the faid delinquent. 

XII. And be it further enabled, That the following fhall be the formf of grants Thc r ° rm of 
of land within this State : " 

GEORGIA, 
By the Honorable A. B. Efquire, captain general, governor and commander in chief in 

and over the State. 

To all to whom thefe prefents fhall come, GREETING: 

jIlXUU VU jst^v > That in purfuance of the ail for opening the land office, and by virtue 

of the powers in me vefied, I have by and with the advice and confent of the honorable the 

executive council given and granted, avd by thefe prefents in the name and behalf of the 

faid State, do give and grant unto C. D. his heirs and ufftgns forever, all that tracl or 

parcel of land containing acres, ftuate, lying and being in the county of 

in the faid State, and butting and bounding having fuch 

Jhapes, form and marks as appear by a plat of the fame hereunto annexed ; together with 

all andfingular the rights, members and appurtenances thereof whatfoever, to the faid tract 

or parcel of land belonging or in any wife appertaining ; and alfo all the efaie, right, title, 

interejl, claim and demand of the State aforefaid, of in or out of the fame, to have and 

to 

* Additional penalties impofed by atfl of 1787, No. 381, l'edt. 2. See alfo ads of 1785, No. 304, fed:, 
J, and of 1786, No. 325. 
t The governor empowertd to direct the form of grants by ail of 1789, No. 433. 



2 6 4 DIGEST OF THE 

A. D. 1783. to hold the faid traEt or parcel of land ', and all andftngular the premifes aforefaid, with 
No. 273. their and every of their rights, members and appurtenances, unto the f aid CD. his heirs 
and off/gas, to his and their own proper ufe and behoof forever, in fee fimple. 

Given wider my hand, in council, and the great feal of the faid State, 
at this day of in the year of our Lord t 

I 7 8 , and in the year of American Independence, 

Signed by his honor the governor in council. 

E. F. clerk council, the day of 178 . 

That perfons XTIL And wherens it may fo happen that perfons emigrating from elfewhere and 

difpofed to fet- difpofed to fettle in this State, may not be fufEciently acquainted with the limits and 
maybeacquain- boundaries of the fame; and furveyors may wilfully or ignorantly commit miftakes 
ted with the li- m t he running of lines, unlefs the faid limits and boundaries be made known to them: 
daries thereof, In order therefore to inform and encourage all perfons difpofed to migrate into this 
anC ft 1° prcve , nt State, to prevent miftakes and to remove every pretence for fraud in furveyors 'and 
ranniiigof lands others intrufted with the execution of this law, Be it enabled, ordained and declared 
by the authority aforefaid, That the limits, boundaries, jurifdicVion and authority of 
the State of Georgia, do and did, and of right ought to extend from the mouth of 
the river Savannah, along the north fide thereof and up the moft northern ftream or 
fork of the faid river, to its head or fource ; from thence in a due weft courfe to the 
river Miffiffippi, and down the faid ftream of the Miftiflippi to the latitude thirty-one 
degrees north j from thence in a due eaft courfe to the river Apalachicola or Chata- 
hoochee, and from the fork of the faid river Apalachicola, where the Chatahoochee 
and Flint rivers meet in a direcl; line to the head or fource of the fouthernmoft ftream 
of the river St. Mary's, and along the courfe of the faid river St. Mary's to the At- 
lantic ocean, and fiom thence to the mouth or inlet of the river Savannah, including 
and comprehending all the lands and waters within the faid limits, boundaries and 
jurifdi£tional right, and alfo all the iilands within twenty leagues from the fea coaft. 
And all juftices of the peace, furveyors, militia, and other officers and perfons of 
any defcription or denomination whatfoever, are hereby enjoined and required, and 
fully authorized and empowered to hold and confider the faid limits, boundaries and 
jurifdi&ional right above mentioned, expreffed and defcribed as the true and juft 
limits, boundaries and jurifdidHon of the fovereign and independent State of Georgia, 
as fecured to the inhabitants and free citizens thereof, by their charter, and guaran- 
Provifo. teed as well by the articles of confederation as by the treaty of alliance with his moft 

No furveyor or cnr iftian majefty. Provided nevertheless, That nothing herein before contained, (hall 

other perion is J J . 

empowered to extend or be conftrued to extend, to authorize or empower any furveyor or other 

d^n^lnmin" P sr ^" on or P er fons whatfoever, to furvey, run or make lines upon the lands before 

grounds until defcribed, as being allowed to the Indians for hunting ground, or any part or parcel 

^anTed°by the thereof, before or until permiflion for that purpofe (hall be granted by the legislature, 

legiilature. and made known by proclamation. 

Surveyor gene- XIV. And be it further enabled, That the furveyor general and all county furveyors, 

furveyors C °how ^ a ^ ( as near ty a s ma y be) be governed and directed in the execution of all warrants, 

to be governed and in making their furveys by the known rules, laws and cuftoms of this State, in 

and diretfted. . . , - , 

regard 



LAWS OF GEORGIA. 



265 



regard to fuch bufinefs, in fo far as the fame may be made to confift with this law, A. D. 1783. 

the revolution in government, and the true interefl of the republic, as fliall from No - 2? ^ 

time to time be exprefled by its legiflature or executive body. Rules, laws, 

r ' ° ' &.c. to be made 

N. W. JONES, Speaker. known to them 

Savannah, February, 1783. [^ *& £ 

giflature or exe- 
ii 1 ■■«! cutive body. 



An Acl to point out the mode for the recovery of property unlawfully 
acquired under the Britifh* ufurpation^ and withheld from the 
rightful owner s ; and for other pur pofes therein mentioned, 

WHEREAS during the Britifh ufurpation in this State, divers perfons under 
and by virtue of certain fales or other acTs made and done under the preten- 
ded authority of the faid ufurpers, became pofTefled of negroes, houfehold goods and 
other property belonging to fome or other of the faithful citizens of this State. And 
whereas, notwithstanding it is well known to fuch perfons, that on the reftoration of 
lawful government, all acts, matters and things done under the pretended authority of 
an ufurpation became null and void : Yet, neverthelefs fome of the faid perfons ftill 
unlawfully fecrete, and hold and detain from their rightful owners the faid negroes, 
houfehold furniture and other property fo acquired as aforefaid, Be it therefore enabled 
by the representatives of the freemen of the State of Georgia in general affembly met, and by 
the authority of the fame, That in all cafes where any perfon or perfons wbatfoever, 
fince the twenty-ninth day of December, in the year of our Lord one thoufand feven 
hundred and feventy-eight, hath or have, under Britifh ufurpation, acquired or be- 
come pofleffed of any negroes, houfehold goods, or other property not his, her, or 
their own, but of right belonging to fome or other of the faithful citizens of this State, 
and fo acquired by the faid pofleflbr or pofleflbrs thereof, either by purchafe under 
any of the pretended marfhal's fales or other proceedings of the faid ufurpation, or 
in any other way, or manner howfoever, other than by the gift or lawful fale of him, 
her, or them who was or were the rightful owner or owners thereof on the faid twen- 
ty-ninth day of December, one thoufand feven hundred and feventy-eight, or by a 
fair title regularly deduced from fuch owner or owners, by him, her or them volun- 
tarily made and executed; ( Provided that nothing herein contained fhall extend to eon- 
firm any gift or fale made by any perfon named ih the bill of attainder, or of any per- 
fon who, during the ufurpation, was or now is a Britifh fubjedt.) That all and every 
fuch perfon and perfons fhall within fixty days from and after the paffing of this act 
reftore and deliver up to the faid rightful owner or owners all fuch negroes, houfehold 
goods and other property fo acquired as aforefaid, in cafe fuch owner or owners be 
known and fhall be in the State, or fhall demand, and prove the fame to be his, her, or 
their right ; but in cafe fuch owner or owners be not known to the faid pofleflbr or pof- 
feflbrs as aforefaid, or fhall not be within this State, then he, (lie or they the faid pol- 
feflbr or pofleflbrs fhall deliver into the fecretary's office within the faid fixty days a true 

L 1 and 

* Sec 6th fedl. of 1785, No. 310, 



No. 374. 



Preamble. 



Enacted. 
Property ac- 
quired under 
Britifli ufurpa- 
tion, to be re- 
fWed within 60 
days to the 
rightful owner 
if known, un- 
known, an in- 
ventory thereof 
to be lodged in 
fecretary's office 
or forfeit treble 
the value of 
fuch property. 
How to be ap- 
plied. 



Provifo. 



266 



DIGEST OF THE 



A. D. 1783. 

No. 274. 



All fales, &c, 
fince the 29th 
Decern. 1788, 
of realeftate ac _ 
quired und cr 
the authority of 
theBritifh usur- 
pation declared 
void, and fuch 
eftates re-vefted 
in the proper 
owners. 



Governor to 
give public no- 
tification of this 
law by procla- 
mation — per- 
fons failing to 
comply with 
the fame, fub- 
jecT: to criminal 
profecution. 



Public aifl. 



No. 47J. 



and juft inventory of all fuch negroes, houfehold goods or other property, acquired 
as aforefaid, to the end juftice may be done to individuals ; and the faid fecretary is 
hereby directed and required to give free accefs, gratis, to fuch inventory, to all and 
every perfon or perfons applying for che purpofe of infpecting the fame. And if any 
perfon or perfons fhall neglect or refufe to reftore any negroes, houfehold goods, or 
other property belonging to the citizens of this State, and under the description afore- 
faid, when demanded, or fhall neglect or refufe to give an account thereof into the 
fecretary's office of this State, as herein before directed, all and every fuch perfon or 
perfons fo offending, fhall forfeit for every fuch offence treble the value of any fuch 
property fo obtained and neglected to be delivered or reftored or regiftered as afore- 
faid, to be recovered in any court of record or confcience within this State, by the 
perfon or perfons injured or entitled to fuch property, or any other perfon or perfons 
lawfully authorifed, and who will fue for the fame in behalf of fuch owner or owners. 

II. And be it further enabled, That all pretended fales or transfers of any lands, lots, 
or other real eftates, that may have taken place fince the twenty-ninth day of Decem- 
ber, one thoufand feven hundred and feventy-eight, and acquired by any purchafer 
or purchafers under any pretended marfhal's fales, or otherwife under and by virtue 
of the public authority of fuch Britifh ufurpation, are by this act declared to be null 
and void •, and fuch lands, lots, or other real eftates, to all intents and purpofes, fhall 
and are hereby held as of the eftate and right of the laft lawful poffeffor thereof, 
before the commencement of the faid ufurpation, any act of fuch ufurpation to the 
contrary notwithstanding. 

III. And be it further enabled, That his honor the governor fhall within twenty days 
from and after the paffmg of this act, iffue his proclamation, notifying this law, and 
alfo requiring, that in cafe any perfon or perfons whatfoever, hath or have, fince the 
eleventh day of July laft paft, poffeffed him or herfelf, or themfelves of any negroes, 
houfehold goods or other property, not belonging to him her or them, that fuch 
perfon or perfons do within the time limited as aforefaid, reftore and deliver up the 
fame to the lawful and rightful owner or owners thereof, if an American citizen and 
known, or elfe regifter the fame in the fecretary's office as before directed, under 
pain of a criminal profecution in cafe of neglect or refufal. 

IV. And be it further enacted, That this act fhall be a public act, and given in 
evidence as fuch, in all courts within this State. 

N. W. JONES, Speaker. 
Savannah, February 17, 1 783. 



An Acl to a/certain the 'various periods of depreciations/or the govern- 
ment and regulation of all and every perfon or perfons whom the 
fame may concern. 

WHEREAS it is expedient and neceffary, in order to fettle and adjuft the 
various accounts fubfi fling, as well between the public and its debtors and 
creditors, as between man and man, the inhabitants of this State, and others con- 
cerned 



LAWS OF GEORGIA. 2S7 

cerned in tranfa&ions of bufinefs fince the prefent war, that fome ftandard of depre- A. D. 1783. 
ciation, by comparifon between the money formerly circulating and fpecie, {hould No. 275. 
be firft afcertained and eftablifhed by law, fo that one uniform courfe of juftice take 
place throughout this State : And whereas a fcale or table fixing the depreciation, at 
different periods of paper currency, by comparifon with fpecie, hath been framed 
and laid before this houfe, which appears to be founded on principles of juftice and 
equity : Be it therefore enaSled, by the reprtfentatives of the freemen of the State of Geor- Depredationta- 
giain general aflembly met, and by the authority of the fame, That the fcale or table of . e or 
depreciation, framed as aforefaid, (a copy whereof is hereunto annexed, duly certi- ed, declared to 
fled by the fpeaker of this houfe) be, and the fame is hereby declared to be, the dar^oT^eprc- 
ftandard of depreciation, at the different periods therein mentioned, of paper cur- ciation of paper 
rency, by comparifon with fpecie circulating in and throughout this State •, and all different peri- 
judges, iuftices, juries, auditors, and others, are hereby enjoined and required to ods by compari- 
regard the laid depreciation table hereunto annexed as the true rule or government 
in the fettlement of all accounts and other tranfaetions (pecuniary or otherwife) 
which fhall come before them, or any of them, and to conduct themfelves refpec- 
tively according to the true intent and meaning of the fame. 

II. And be it further enitled, That this fhall be confidered as a public a£t:, and Public a&., 
taken notice of as fuch, in all courts whatfoever within this State, without being 
fpecially pleaded. 

N. W. JONES, Speaker. 

Savannah, February 17, 1 783. 



A Table 



:6t 



DIGEST OF THE 



A. D. 1783. 

No. 275. 
The table. 



A TABLE OF DEPRECIATION 

For fettling conlvacls and debts made or due in Georgia currency ft om the fit jl day of Janu- 
ary, one thouf.md feven hundred and feventy-J even, to thefirfl day of June, one thoufand 
[even hundred and eighty ; and in continental currency, from the firji day of January t 
one thoufand feven hundred and feventy-feven, to the firft day of January in the year of 
eur Lord one thoufand feven hundred and feve"ty-nine. 

Note. — The figures on the right, in each column, are fo many tenths. 

*777- 



I 


Jan. 


Feb. 


March. 


April, 


May. 


j'anc. 


3^$. 


Auguji. 


Sept 


• 


Oclobcr I A'of . 


Dec. 


(OO 


112 I 


123 


1 J 35 4 


144 4 


J 53 7 


163 


173 9 l8 4 


8 


'95 4 226 4 


256 4 


2 


IOO 4 


112 5 


lZ $ 


5,135 7 


144 8 


r 54 


163 3 174 2185 


1 


196 4 2*7 4 


*57 4 


3 


IOO 7 


112 9 


123 


9 136 


145 ■ 


154 3 163 7 174 6185 


5 


197 4228 4 


258 4 


4 


101 I 


113 3 


124 


3;i3 6 3 


'45 3 


154 6 164 


174 9185 


8 


198 4 229 4 


259 4 


5 


IOl 5 


1,13 7 


[24 


7 136 6 


145 6 


l 55 


164.4175 3 l8 6 


2 


r 99 4, 2 3 4 


260 4 


6 


101 9 


114 1 


125 


1 136 9 


HS 9 


155 2 


164 7 175 6 186 


5 


2CO 4I23I 4 


261 4 


7 


102 3 


114 5 


125 


5 


137 2 


146 2 


»55 5 


165 1 


176 186- 


9201 4232 4 


262 4 


8 


102 7 


114 9 


125 


9 


J 37 5 


146 5 


155 8 


165 4 


176 3187 


2 202 4 233 4 


263 4 


9 


103 1 


115 3 


126 


3 


137-8 


146 8 


156 1 


165 8 176 7'i 87 


6 2 °3 4 2 34 4 


264 4 


10 


*°3 5 


115 7 


126 


7 


138 1 


147 1 


156 4 166 1 


177 


187 


9204 4235 4 


265 4 


1 1 


103 9 


116 1 


127 


1 


138 4 


'47 4 


156 7 


166 5 


177 4188- 


3 205 4 236 4 


266 4 


12 


lc 4 3 


n6 5 


127 


5 


*38 7 


H7 7 


157 


166 8 


177 7 


188 


6 206 4 237 4J267 4 


*3 


104 7 


116 9 


127 


9 


'39 


148 


•57 3 


167 2 


178 1 


.8 9 




207 4238 4268 4 


H 


105 1 


117 2] 


128 


3 


L 39 3 


H8 3 


'57 6 


167 5 


178 4189 


4 


208 4j«39 4,269 4 


J 5 


105 5 


,17 6 


128 


6 


139 6 


148 6 


x 57 9 


167 9 


178 8189 


7 


209 4240 4270 4 


16 


105 9 


118 


129 




! 39 9 


148 9 


158 2 


168 2 


179 1J190 


j 


210 4241 4271 4 


J7 


106 2 


118 4 


129 


4 


140 2 


149 2 


158 5 


168 6 


179 5}9° 4 


211 4242 4 


272 4 


18 


106 6 


118 8 


129 


8 


140 5 


H9 5 


158 8 


168 9 


179 8 ( i 9 d 


8 


212 4^43 4 


273 4 


J 9 


.07 


119 2] 


I30 


2 


140 8 


149 8 


[59 1 


169 3 


180 2191 


1 


213 4( 2 4 4 4 


274-4 


20 


107 4 


119 6j 


ISO 


6 


141 1 


150 1 


*J9 4 


169 6 


180 6191 


5 


214 4245 4 


2^5 4 


21 


107 8 


1 
120 


13 1 




141 4 


J 5° 4| J J9 7 


170 


180 9191 


8215 4' 246 4 


276 4 


22 


108 2 


120 4 


l 3! 


4 


141 7 


150 7 160 


17° 3 


181 3192 


2216 4^47 4 


277 4 


23 


108 6 


12c 8 


I3 1 


8 


142 


'5 1 


160 3 


170 7 


181 6192 


5217 4^48 4 


278 4 


24109 ! 


121 2 


132 


2 


142 3 


151 3160 7 


i 7 t 


182 


192 


9218 4^49 4 


279 4 


25109 4 


121 6 


132 


6 


142 6 


151 6161 


171 4182 3193 


2219 4250 4 


280 4 


26' 1 09 8 


122 


133 




142 9 


151 9161 4 


171 8 182 7 


193 


6220 4*25 1 4 


281 4 


271110 2 


122 4 


133 


4 


H3 *, 


152 2161 7 


.72 1 


183 


J 93 


9221 4J252 4 


282 4 


28J1 10 6 


122 8 


133 


8 


»43 5! 


152 5,162 


172 5 


183 4194 


3 222 4J253 4 


283 4 


*9in 




'34 


1 


H3 8. 


152 8.162 4 


172 8 


183 7,194 


6223 4J254 4 


284 4 


56,11-1 4 




*34 


5 


144 1 


153 iji62 7 


i73 2 


184 iji95 




224 4 255 4 


285 4 


3* 


in 7 




'34 9 


i 


153 4 




i73 5 184 4! 




225 4) 


286 4 



1778. 



LAWS OF GEORGIA. 



269 
A. D. 1783, 

No. c - -. 



i; 7 8. 



1 287 
2289 

3 2 9< 

4 2 93 

5; 2 95 
6J297 

7, 2 99 
8301 

9303 

10305 

12309 
i 3 '3ii 

i4'3 J 3 
i5'3>5 
i63>7 
17^319 
18321 

i93 2 3 
20325 
21327 
22 328 

33° 
33 2 
334 
336 
27'338 

28 340 

29 242 

3° '344 
3 ' 34 6 



*3 

24 
26 



F.4. 

348 
35° 
35* 
354 
356 
358 



3J360 
3362 



3 6 4 
366 

368 

370 
372 
374 
\31 6 
1 378 
1380 
o 382 
o' 3 84 
0386 
o ! 3 88 

9^9° 
9 392 
9394 
9,396 

9 39 8 
400 

8 4.02 

8 



March. April. 



404 
4C6 
408 

6; 4 io 
6412 

6; 4 i 4 
6416 
5418 
5420 
5422 
424 
427 



429 

43 i 
433 
435 
437 

439 
441 

443 
445 
447 
449 
452 

454 
456 

458 
460 
462 
464 
466 



1 468 

1470 
2 472 

3474 

4477 

5479 
6481 

6483 
7485 
8487 

9J489 

0491 

* 493 

2 495 
2,497 



May. 



500 
502 
504 
506 
508 
5IO 
512 

5H 

516 
518 

520 
522 

525 

527 
529 



7531 

8,531 
953i 

9 531 

0530 

»53° 
53° 

53° 
53° 
53° 
53o 
53° 
?|53° 
8j53° 
9J53° 
o,53o 
0530 
529 

529 
3^29 
4 5*9 
5529 
6529 

6529 

7 ( 5 2 9 

8,529 

9,529 

0529 
1529 

2529 
15*9 



528 
528 
528 
528 
528 
528 
528 
528 
528 
528 
528 

527 
527 
527 
527 
527 

527 
527 
527 

527 
527 

6|52 7 
5|527 
4526 
4526 
3526 
2I526 
J ,526 

O C26 

r , 

526 
9! 



July. 

526 

$26 

$16 

5*7 

527 

5*7 

5 2 7 

5*7 
528 

528 

528 

528 

528 

529 

7|5 2 9 
6,5 2 9 
55 2 9 
5 

4 

3 
2 

1 

o 

9 

8 

7 

7 
7 
6 
6 



529 

53° 
53° 
53° 
53° 
53° 
531 
53 » 
53i 
53i 
53» 
532 
532 
532 



Augufi. 



532 
532 

533 
533 
533 
533 
533 
534 
534 
534 
534 
534 
535 
535 
535 
535 
535 
536 
536 
536 
536 
536 
537 
537 
537 
537 
537 
538 
538 



3|53« 

5I538 



Sept. 

538 ' 
538 i 

539 

539 
539 
539 
539 
539 
539 
54° 
540 
540 
540 
540 

54° 
541 

54 1 
54 1 
54 » 
54 r 
54 * 
542 
542 

542 
542 
542 
542 

543 
543 

543 



laokr 



543 
543 
543 
543 
544 
544 
544 
544 
544 
544 
545 
545 
545 
545 
545 
545 
546 
546 
546 
546 
546 
546 
547 
547 
547 
547 
547 
o|547 
'547 
3548 
1548 



Nov. 

548 
552 

556 

560 

564 
568 

573 

577 
581 

585 

589 

593 

597 
601 

605 
609 
614 
618 
622 
5J626 
71630 
8634 
0638 
642 
3646 
650 

654 
659 
663 
667 



l)e. 



67I 

675 
6J679 

683 
687 
69I 

695 

7OO 

704 
708 

712 

7 [6 

720 
724 
728 
9,73* 
736 
740 

745 

749 

753 

757 
761 

765 
769 
773 

777 
781 
786 
79o 
794 



3 

4 

5 
6 

/ 

8 

9 

(3 

1 

o 

3 

3 
4 

5 
6 

7 
8 

9 
o 

1 

2 

3 

4 

5 
6 

7 
8 

9 

o 

1 
2 



i . . \ 



ni9- 



/ 



270 



DIGEST OF THE 



A. D. 1783. 

No. 275. 



1779. 



,J an - 

1596 

606 

1616 

1627 

1637 
1647 
1657 
1667 
1677 
1687 
1698 
1708 
1718 
1728 
X738 

16 1748 

17 17.58 
18 

*9 

20 

22 

22 

33 
24 

25 
26 
27 
28 
29 
30 
?i 



I 

2 
3 
4 

6 



9 
10 
II 

12 

J 3 

14 
15 



1769 

J 779 
1789 
1/99 
1809 
1819 
1829 
1840 
1850 
i860 
1870 
1880 
1890 
1900 



Feb. 

1911 
1923 
«935 
1947 

19 5 9 
1971 
1983 

1995 

2007 
20 1 9 
2031 
2043 

055 
2067 
2079 
2091 
2103 
2115 
2127 
2139 
2151 
2163 

2175 
2187 
2199 
22 1 1 

2223 
2235 



March. April 



2247 4 

2258 

2269 

2280 

2291 

2303 

23 aj 
2336 
2347 
23J8 
2369 
2380 6 

2391 (> 

2402 8 
02413 81 25 79 
0.2425 o 2578 



259 1 4 
2590 6 
1589 
2589 o 
2588 

2587 
1586 

2585 
1585 
2584 

>58 3 
2582 
2581 
2581 
2580 



May. 



2566 
2569 

2.572 

,2374 
2 2576 

2 J 80 



0.2436 
0,2447 
24J8 
0^2468 
O2480 
o|249I 
2502 

0)2513 8 
02524 8 
o 

2 



2536 o 
2547 o 

2558 2 
2569 2 

2580 4 



2577 
2577 
2576 

2575 
2574 
2573 
2573 
25 72 

2571 
2570 
2569 
2569 
2568 



2i83 
2586 
2.588 

259 1 

2J94 

2597 

2600 o 

2602 

2605 



'June, 

2653 
2667 
2681 

2695 

2709 

2723 

2737 

2751 

2765 

2779 
2794 

«8o8 

2822 

2836 



July. Augujl 



2608 4I2864 
2611 22878 
2614 O 2 g92 
2616 8'2yo6 

2619 612920 



3075 
3093 

3111 

3129 
3147 
3165 
3183 

3202 
3220 

3238 
3256 

3274 
3292 
3310 

2850 2 3328 

2'3347 



;3365 
4 3383 



2622 

2625 
2628 
2630 

2633 
2636 
2639 2 
2642 o 
2644 8 
2647 6 
2650 4 



l 934 
S948 
2962 
2976 
2990 
3004 
3oi8 
3032 
3047 
3o6i 



3400 

3419 

3437 
3455 
3473 

3491 
35io 
3J28 
3546 
3564 
3582 
3600 
3618 



3636 

3649 
3662 

3675 
368.7 
3700 
37»3 
37*5 
3738 
37'5i 
37 6 4 
3776 

3789 
3802 

3815 

03827 

3840 

3853 
3866 

3878 
3891 
39°4 
39 x 7 
3929 
3942 
3955 
3968 
3980 

3992 
4006 
4019 



Sept. \Ottober, 



84031 
44030 



4028 

4027 

4C25 

4024 

4022 

4021 

4OI9 

4017 

4016 

4OI4 

4013 

401 1 

40IO 

4008 

4007 

4OO5 

4004 

4OO2 

4OOI 

3999 
3997 
399° 
3994 
3993 
399 1 

399° 
3988 

3987 



83985 
2 4014 
6J4044 
04073 
4102 

4>32 

4161 

4190 

4] 4220 o 



4249 
4278 

43o8 

4337 
4366 

439° 
4425 
4454 
4484 
4513 
4542 

4572 
4601 
4630 
4659 
4689 
4718 
4747 
4777 
4806 

4835 
4865 



Nov. 

4895 
4919 

4945 
4970 
4996 

5022 
5047 
5073 
5098 
5124 
5149 
5175 

5200 
5226 
5251 
5277 
53°2 
5328 
5353 
5379 
5404 
5430 
5455 
548i 
5506 
5532 
5557 
5583 
5608 

5634 



De 



4 5660 
85695 
4'573i 
8,5766 
4'58oi 



5837 
5872 
5908 

_5943 
OJ5978 8 
6 6014 a 



6049 
6085 
6120 

6155 
6190 
6226 
6262 
6297 

6332 
6368 
6403 

6439 
6474 
6509 

6545 
6580 
6616 
6651 
6686 
6722 



I78C 



I 


Jan. 


Feb . 


March. 


April. 


May. 


June. 


17 


Jau. 


Feb. 


March. 


April. 


May. 


6756 c 


8748 8 


9765 O 


I 1648 2 


16176 2 


16229 4 


7784 6 


9308 8 


10734 8 


14058 8 


16200 6 


2 


6820 2 


8783 8 


9825 6 


11798 8 


16172 




18 


7849 C 


9343 8 


10795 6 


14210 6 


16202 6 


3 


6885 C 


8818 8 


9886 4 


11949. 6 


l6l74 O 




19 


7913 2 


9378 8 


10856 4 


14361 2 


16204 4 


4 


6949 2 


8853 8 


9947 2 


12100 2 


16175 8 




20 


7977 4 


9413 8 


IO917 2 


1451a 


16206 4 


5 


7013 6 


8888 8 


10007 8 


12251 


16177 8 




21 


8041 8 


9448 8 


10977 8 


14662 8 


16208 4 


6 


7077 I 


892? 8 


10068 6 


12401 8 


16179 6 




22 


8106 


9483 8 


11038 6 


14813 4 


16210 a 


7 


7142 c 


8958 8 


10129 4 


12552 4 


16181 6 




23 


8170 2 


9518 8 


11099 4 


14964 2 


16212 2 


8 


7206 A 


3993 8 


10190 2 


12703 2 


16183 4 




24 


8234 4 


9553 8 


11160 2 


15 1 15 


16214 


9 


7270 6 


7028 8 


10250 8 


12854 


16185 4 




25 


8298 8 


9.588 8 


IIQ20 8 


15265 6 


16216 


10 


7334 * 


^063 8 


10311 6 


13004 6 


16187 2 




26 


8363 c 


9623 8 


11281 6 


15416 4 


16217 8 


11 


7399 2 


7098 8 


10372 4 


T-3155 A 


16189 2 




27 


8427 2 


9658 8 


"342 4 


15567 2 


16219 8 


12 


7463 4 


n%3 8 


10433 2 


13306 2 


16191 2 




28 


8491 6 


9693 8 


11403 


15717 8 


16221 6 


13 


7527 6 


7168 8 


10492 6 


13456 8 


16193 




29 


8555 8 


9738 8 


11463 8 


15868 6 


16223 6 


14 


759 1 8 


7203 8 


10752 6 


13607 6 


16195 




30 


8620 




11524 6 


16019 4 


16225 4 


15 


7656 2 


9238 8 


10613 4 


13758 4 


16196 8 




31 


8684 4 




«585 4 




16227 4 


|6 


7720 A 


9273 8 


10674 2 


13909 o|i6r98 8 


— «~. 












THE 



LAWS OF GEORGIA. 



271 



THE TABLE OF DEPRECIATION, 

For fettling contracts and debts made or due in continental currency, 
From the firft day of January, one thoufand feven hundred and feventy-nine, to the fivft of June, 

one thoufand feven hundred and eighty. 

1779. 



A. D. 1783. 

No. 275. 



6 


7a». 


Feb. 


March. 


April. 


May. 


June. 


>/>■. 


Auguji. 


Sept. 


Oclobt 


r. 


Ma 1 !) , 


Dec. 


J 


79 8 3 


95S 5 


H23 7 


1295 7 


I283 2 


I326 7 


1537 6 


1818 4 


2015 9 


1992 


8 


2447 7 


2830 I 


2 


803 3 


9 6x 5 


1129 2 1295 3112^4 6 


1333 7 


1546 6 


1824 7 


2015 1 


2CO7 


4 


2459 9 


2847 8 


3 


808 4 


9 6 7 5 


1 134 8 


1294 9 1286 


1340 7 


1555 7 


1831 1 


2014 3 


2022 


I 


2472 7 


2865 5 


4 


8»3 5 


973 5 


1 140 3 


1294 511287 4 


1347 7 


1564 8 


1837 5 


2013 5 


2036 


7 


2485 4 


2883 2 


5 


818 j 


979 5 


H45 9 


1294 1J1288 8 


1354 8 


1573 8 


1843 5 


2012 8 


2051 


4 


2498 2 


2900 9 


6 


823 6 


985 5 


H5> 4 


1293 7^290 2 


1361 8 


1582 y 


1850 2 


2012 


2066 


1 


251 1 O 


2918 6 


7 


828 7 


99 1 5 


U57 


1293 3.1291 6 


1368 8 


159 1 9 


1856 6 


201 1 2 


208o 


7 


2523 7 


293 6 3 


8 


833 7 


997 5 


1162 5 


1292 9 1293 


1375 9 


1601 c 


1862 9 


2010 5 


2095 


4 


2536 5 


2954 


9 


838 8 


1003 5 


1168 1 


129* 5 


1294 4 


1382 9 


1610 c 


1869 5 


2009 7 


2110 


O 


2549 2 


2971 7 


10 


843 9 


1009 5 


1173 6 


1292 1 


1295 8 


1389 9 


1619 I 


1875 7 


2008 9 


2124 


7 


256a 


2989 4 


11 


849 


1015 5 


1179 2 


1291 7 


1297 2 


1397 


1628 2 


1882 1 


2008 2 


2139 


4 


2574 8 


3007 1 


12 


854 


1021 5 


1184 7 


1291 3 


1298 6 


1404 


l637 2 


1888 4 


2007 4 


2154 


O 


2587 5 


3024 8 


13 


859 1 


1027 5 


1190 3 


1290 9 


1300 


1411 


1646 3 


1894 8 


2006 6 


2168 


7 


2600 3 


3042 5 


14 


864 2 


1033 5 


H95 8 


1290 5 


1301 4 


1418 


1655 2 


1901 2 


2005 8 


2183 


.T 


2613 


3060 2 


*5 


869 3 


>039 5 


1 201 4 


1290 1 


1302 8 


1425 1 


1664 i 


1907 5 


2005 1 


2I98 


O 


2625 8 


3077 9 


16 


874 3 


1045 5 


1206 9 


1289 7 


1304 2 


T432 I 


1673 J 


19*3 9 


2004 3 


2212 


7 


2638 5 


3095 1 


17 


879 4 


1051 5 


1212 5 


1289 3 


1305 6 


1439 I 


1682 j 


1920 3 


2003 5 


2227 


3 


2651 3 31 13 3 


18 


8845 


'057 5 


1218 


1288 9 


1307 


1446 2 


1691 £ 


1926 6 


2002 8 


2242 





2664 1 


3131 ° 


*9 


8895 


1063 5 


1223 6 


1288 5 


1308 4 


1453 2 


1700 1 


1933 c 


2C02 


2256 


6 


2676 8 


3148 7 


20 


894 6 


1069 5 


1229 1 


1288 1 1309 8 


1460 2 


1709 7 


1939 4 


2001 2 


2271 


3 


2689 6 


3166 4 


21 


899 7 


»o75 5 


1234 7 


1287 7J3" 2 


1467 2 


1718 fc 


1945 8 


2000 5 


2286 





2702 3 


3184 1 


22 


904 7 


1081 5 


1240 2 


1287 3U312 6 


1474 2 


1727 s 


1952 1 


1999 7 


2300 


6 


2715 1 


3201 8 


23 


909 8 


1087 5 


1245 8 


1286 9J1314 


1481 3 


1736 s 


1958 5 


1998 9 


2315 


3 


2727 9 


3219 5 


24 


914 9 


1093 5 


1251 3 


1286 5 1315 4 


1488 3 


1745 5 


1964 9 


I998 I 


2329 9 


2740 6 


3237 a 


2? 


920 


1099 5 


1256 9 


1286 I ! i3i6 8 


1495 3 


1755 c 


1971 2 


1997 4 


2344 


6 


2753 4 


3254 9 


24 


925 


■105 5 


1262 4 


1285 7I1318 2 


1502 4 


1764 i 


1977 6 


1996 6 


2359 


3 


2766 I 


3272 6 


27 


930 1 


iin 5 


1268 


1285 3J1319 6 


'509 4 


1773 J 


1984 


1995 8 


2373 


92778 9 


3290 3 


28 


935 2 


1117 6 


1273 5 


1284 9 


1321 


1516 4 


1782 3 


1990 3 


*995 1 


2388 


6,2791 7 


3308 


29 


940 2 




1279 1 


1284 5 


1322 4 


1523 5 


1791 5 


1996 


»994 3 


2403 


2 2804 4 


3325 7 


30 


945 3 




1284 6 


1284 1 


1323 8 


J 530 5 


1800 J 


2003 1 


1993 5 


2417 


9 2817 2 


3343 4 


31 


950 4 




1290 2 




1325 2 




1809 <] 


2009 5 




2432 


°! 


336l 




■ I78C 




$ 


Jan. 


Feb. 


March. 


April. 


May. 


June. 


173 


Jan. 


Jreb. 


March. 


April. 


May. 




3378 3 


4374 4 


4882 5 


5824 I 


8085 I 


8114 7 


892 3 


4654 4 


53 6 7 4 


7029 4 


8lOO 3 


2 


34IO 4 


439 * 9 


4912 8 


5899 4 


8c86 


183 


924-5 


4671 9 


5397 8 


7105 3 


8lOI 3 


3 


344* 5 


4409 4 


4943 25974 8 


8087 




193 


956 6 


4689 4 


5428 2 


7180 6 


8102 2 


4 


3474 6 


4426 2 


4973 66050 1 
5003 96125 5 


8087 9 




203 


988 7 


4706 5 


54*8 6 


7256 


8103 2 


5 


3506 8 


4444 4 


8®88 9 




21 I 


020 9 


4724 4 


5488 9 


7331 4 


8104 2 


6 


3538 9 


4461 9 


5034 316200 9 


8089 8 




22 4 


053 


4741 9 


5519 3 


7406 7 


8105 I 


7 


357i 


4479 4 


5064 7 6276 2 


8090 8 




23 4 


085 j 


4759 4 


5549 7 


7482 I 


8ic6 1 


8 


3603 2 


4496 9'5095 i|635i 6 


8091 7 




24 4 


117 2 


6776 9 


5580 I 


7557 5 


8107 


9 


3635 3 


45>4 4'5i25 4,6427 


8092 7 




25 4 


149 4 


4794 4 


5610 4 


7632 8 


8108 


10 


3667 4 


4531 9 5155 86502 3 


8093 6 




264 


181 5 


4811 9 


5640 8 


7708 2 


8108 9 


11 


3699 Q4549 45186 2-6577 7 


8094 6 




27/ 


r213 6 


4829 4 


5671 2 


7783 6 


8109 9 


12 


3 73 1 7i4566 95216 66653 1 


8095 6 




284 


245 8 


4840 9 


5701 5 


7858 9 


8110 8 


J3 


3763 84584 45246 36728 4 


8096 5 




294 


277 9 


4864 4 


5731 9 


7934 3 


8m 8 


14 


3795 94601 95376 36803 8 


8097 5 




30 4 


310 




5762 3 


8009 7 


8112 7 


ij 


3828 1 4619 45306 76879 2 


8098 4 




31 4 


L342 2 




5792 7 




8113 7 


] 


6 


3860 214636 9 5337 16954 5 


8099 4 















An 



2 7 2 DIGEST OF THE 

A. D. 1783. j[n AB for releafing certain perfons from their bargains, and again 
f°- 2?6, Jetting an d difpojing of the fame premifes ; for ejiabli/hing funds ; 

and for other purpofes therein mentioned. 

Preamble. "^~]|l Y* HERE AS under and by virtue of an act, entitled " An act for inflicting 

Y V penalties on, and confiscating the eftates of fuch perfons as are therein 
declared guilty of treafon, and for other purpofes therein mentioned," paffed at 
Augufta on the fourth day of May, in the year of our Lord one thoufand feven 
hundred and eighty-two, divers fales of confifcated property have taken place in the 
feveral and refpective counties within this State : And whereas fince the time of 
making the faid fales, doubts have arifen whether the purchafe money of the fame 
was to be paid in fpecie only, or whether certificates and other demands againft the 
public were to be taken in payment thereof : In order therefore to remove all doubts- 
Enacted. on this head, Be it enabled by the reprefentatives of the freemen of the State of Georgia- 
Purchafers of in general ajfembly met, and by the authority of the fame, That from and immediately 
confikated ^>ro- a £ ter ^ p a flr m g of this aft, and until the firft day of October next enfuing, it fhall; 
of 1782, allow- and may be lawful for any purchafer or purchafers of any eftates, real or perfonal, 
torment of their °^> or l ate ty belonging to any perfon or perfons whatfoever named or comprehended 
bargains and re- in the faid act of confifcation, to give up and make void his, her, or their faid pur- 
fl'me' without chafe and bargain, in cafe he, fhe or they (hall be difiatisfied therewith ; and the 
intereft, cofts fame fhall be accordingly in that cafe re-vefted in the public, without any intereft, 
cofts or charges, (except what fhall have been already actually paid for the convey- 
ances) being exacted or demanded from the purchafer or purchafers thereof; and,, 
on re-delivery of the premifes without abufe or wade, all conveyances, bonds, 
mortgages, and other writings refpecting the fame, between the purchafer or pur- 
chafers, and any perfon or perfons whatfoever, for and in behalf of the public, {hall 
be exchanged, and notwithstanding any record thereof being made, the fame fhall, 
be cancelled and deftroyed. 
Thofe notchuf- H. And he it further enabled by the authority aforefaid, That all and every fuch pur« 
ingtorehnquifh c hafer and purchafers of confifcated property, real or perfonal, under the act afore- 
mitted to pay faid, who fhall not, on or before the faid firft day of October next enfuing, give 

the purchafe up an( j ma k e VQ \& his, her or their faid purchafe, and exchange writings as aforefaid, 

money and in- r / r ' , ° 

iereft in certifi- fhall be held and confidered as abfolutely bound thereby, and fhall be lkble and 

catesof any de- yjg C( j to p a y one equal moiety or half part of the faid purchafe money, with one 
within a year, equal moiety or half part of the intereft thereof, in gold or fdver coin, and nothing 
™ndlu°r fdn. e ^ e » ana l ^ e otner equal moiety or half part of the faid principal and intereft, or fo. 
much thereof as may be convenient, in certificates of this State, (founded on fome 
law or refoive of the aiTembly) of any denomination whatfoever, under the hand of 
the prefent, or of the laft, or of any future governor, and bearing date fubfequent 
to the firft day of January in the year of our Lord one thoufand feven hundred and 
eighty-two, or in accounts (by way of difcount) againft the public, duly audited and 
certified agreeable to the refolves of aiTembly patted fince that period, and fuch certi- 
ficates or audited accounts being due either to the refpective purchafers themfelves, or 

transferred 



LAWS OF GEORGIA. « 73 

transferred (though not appearing on the face thereof to be negociable) to them, or A. D. 1783. 
any of them, by any other perfon or perfons whatfoever : Provided fuch certificates N °- 276. 
or audited accounts be brought in, and endorfed off the bonds of the faid purchafers 
refpectively, within one- year from and after the paffing of this aft, or otherwife 
this laft mentioned moiety of principal and intereft, or fo much thereof, as at the 
expiration of the faid one year, (hall remain unpaid in certificates or audited accounts, 
to be alfo payable in gold or filver coin, and nothing elfe. 

III. And be it further enatled by the authority aforefaid $ Thzt immediately after the TIie intereft 
faid firft day of October next enfuing, his honor the governor, and the executive ^\& into the 
council do and (hall take the moil fpeedy and effectual meafures, by fuit or otherwife, t«aft*^ and to 

r r 1.1 ■ n_ 11- ii- r n i * orm a c °ntin- 

for recovery 01 all interelt money due and owing on bonds given for eftates reai, or gem fund. 
perfonal, fold under the faid confifcation act, and which fliall not be fo given up by 
the time limited as aforefaid, and the faid intereft monies when received, mail form 
a contingent fund in the treafury, and the treafurer fliall be enabled to give fufficient 
receipts on the back of the refpective bonds for the fame, and fliall keep a fair and- 
regular account thereof, to be from time to time laid before the houfe of affembly. 

IV. And be it further enaBed by the authority aforefaid. That, the commifiloners Comrmffioners 
of confifcated eftates herein after named fhall, and they or a majority of them are wne n to pro- 
hereby directed and empowered, in the months of November and December next, ceed t0 fel1 in 

,. . . , r imi /] r •■ vt 1 1 r • • manner pointed 

(beginning on the iecond lueiday in November, and continuing from time to time at outbytheaftof 
their difcretion) to proceed to the fale of, and actually to fell, in manner pointed con fif catlon ' 
out by the faid act of confifcation all and lingular the confifcated property, real and 
perfonal, then remaining on hand within the feveral counties, either that given up 
as above mentioned, or that which has been fold, and the terms of fale not complied 
with, (Provided neverthelefs, That where the party has given bonds for principal and Provifo. 
intereft, with fecurity for the latter, and fhall give mortgage by the firft day of fe^f^r" 5 of 
October next, it fliall be deemed a compliance) or that which has never yet been fold or credit for 'per- 
expofed to fale ; and the fame fhall be fold payable in four years if perfonal, and feven "'ars^for Veal 
years if real eftate, as mentioned and directed in and by the faid confifcation act ; and eftate. 
the purchafers thereof fhall accordingly give bond, mortgage and other fecurity, as 
therein required, for the confideration money, and good and fufficient fecurity for. 
the intereft thereof ; which faid confideration money, and the intereft thereof, fhall. 
be payable in the fame manner as the former fales are before declared to be, that 
is to fay, the one equal moiety or half part of the faid purchafe money, with the Half the jrur- 
intereft thereof, in gold, or filver coin, and nothing elfe ; and the other equal [ Ht ^ft°tftereof 
moiety or half part of the faid principal and intereft, or fo much thereof as may be in goid or filver 
convenient, in certificates of this State, (founded on fome law or refolve of aiTembly) half. 'and ime- 
ef any denomination whatfoever, under the hand of the prefent, or of the laft, or reft in cerufi- 
any future governor, and bearing date fubfequent to the firft day of January in the 
year of our Lord one thoufand feven hundred and eighty-two, or in accounts (by 
way of difcount) againft the public, duly audited and certified agreeable to the 
refolves of afTembly, palTed fince that period •, and fuch certificates or audited 
accounts being due either to the refpective purchafers themfelves, or transferred 

M m (though 



cates, 



274 



DIGEST OF THE 



A. D. 1783. 

No. 276, 

Provifo. 

ii paid within 
one year from 
llie date, other- 
wife the whole 
to he in gold 
and diver and 
nothing elfe. 

I'trions holding- 
certificates or 
audited ac- 
counts allowed 
a certain time to 
exchange them 
for a new deno- 
mination of in- 
dented certifi- 
cates. 



Form thereof. 



(though not appearing on the face thereof to be negotiable) to them, or any of 
them, by any other perfon or perfons whatfoever : Provided fuch certificates or 
audited accounts be brought in and endorfed off the bonds of the faid purchafers 
reipeclively, within one year from and after the palling of this a6l, or otherwife 
this laft mentioned moiety of principal and intereft, or fo much thereof as at the 
expiration of the faid one year fhall remain unpaid in certificates or audited accounts, 
to be alfo payable in gold, or filver coin, and nothing elfe. 

V. And be it further enacted by the authority aforefaid^ That any perfon or perfons 
whatfoever, now or hereafter holding fuch certificates as aforefaid, or audited 
accounts againft the public, who fnall not have purchafed at the preceding, or fhall 
not purchafe at the fucceeding Tales of confifcated property, or who fhall not trans- 
fer their demands to thofe who do purchafe, or who fhall in any cafe have in their pof- 
feffion fuch certificates or audited accounts as aforefaid, to a greater amount than 
they are allowed to pay away in difcount on bonds given for confifcated property, 
that all and every fuch perfon and perfons fhall, at any time within thirteen months 
from and after the paffing of this acT, be at liberty to bring in their faid certificates, 
or audited accounts to his honor the governor, and to exchange the fame for certifi- 
cates of a new denomination, (the form whereof is herein after fpecified ) to be figned, 
indented, and ifTued by his honor the governor in council, and regularly entered 
on the council books, and the fame fhall be numbered, and alio counterfigned by the 
treafurer, who fhall keep the indent, with the number and fum of every fuch certi- 
ficate, as a check, and who fhall alfo keep .a fair account of all fuch certificates, 
and to whom payable, for the infpection of the affembly ; and the faid certificates 
and audited accounts fo brought in and exchanged as aforefaid, fhall be lodged in 
the treafury, until the meeting of the affembly from time to time, who fhall appoint 
a committee to fee the faid certificates burnt, and the faid audited accounts properly 
arranged and laid up in the treafury as vouchers for fo much paid by the public. 

VI. And be it further enabled by the authority of or efaid y That the following fhall be 
the form of the certificates to be iffued as before directed and required, that is to fay : 

State of Georgia. 

N°- 

By his honor A. B. Efquire, captain-general, governor, and commander 
in chief in and over the faid State. 
C|)Cfe S£e tO CCrtlf^ That there is due and owing from this State to 
C. D. the fum of £. fterling ; which faid fum, being part 

of the intended funded debt, will be provided for, payable at the expiration of feven 
years, from the 29th day of July 1 783, and in the mean time the intereft, thereof, 
at the rate of feven per cent, per annum, will be regularly paid at the treafury to 
the faid C. D. or his order, in gold or filver coin, at the current rates in Savannah. 
Given under my hand in council, purfuant to acT: of affembly, this day 

of 17b 

Counterfigned by 
E. F. Treafurer, Which 



L AW S OF GEORGIA, 



i 3 



Which faid certificates^ being authenticated and iffued as aforefaid, fhall be con- 
sidered as forming an aggregate to be hereafter reduced to a funded debt againft 
this State, redeemable in feven years from and after the pairing of this act, and car- 
rying an intereft of feven per cent, payable out of the treafury in gold or filver coin, 
at the prefent current rates in Savannah, yearly and every year, on the day of the 
date of the faid certificates reflectively. 

VII. And be it further enabled by the authority aforefaid, That in cafe any perfon or 
perfons holding certificates or audited accounts as aforefaid, fhall neglect to bring 
in the fame, either in payment of a debt or debts for confifcated property, or in 
exchange for a certificate of the denomination above fpecified, within the feveral 
and refpective times for that purpofe limited and appointed, all and every fuch per- 
fon and perfons fhall be confidered as for ever precluded from the faid demands, 
and the public fhall not be liable to make provifion for payment of the fame at any 
time hereafter. 

VIII. And be it further enabled by the authority aforefaid, That in all future fales 
of confifcated property, the commiffioners fhall wait three days for the purchafers 
to comply with the terms of fale, and, if not done within that time, the faid com- 
miffioners fhall proceed to fell again, and fo on until the faid terms fhall be complied 
with ; and in every inftance of non-compliance after the fales fhall commence under 
this act, the laft perfon who fhall refufe or neglect to comply, fhall, in cafe the 
then next fale fhall not equal or exceed his, make good the difference in price between 
the one and the ether, To that the public may be no lofer thereby ; and the faid 
commiffioners fhall accordingly require and oblige every purchafer, immediately after 
the premifes fhall be knocked off to him or her, to fign and feal an obligation to the 
following purport : "I, A. B. do hereby acknowledge to have purchafed at the fales 
of confifcated property, a plantation or tra£t of land, containing, or faid to contain 



A,D. 1783,. 

No, 276. 
A funded debt 
againftthe State 
to be redeema- 
ble in 7 years 
bearing intereft 
at 7 per cent, to 
bepaidanmiaily 
in gold or filver. 

Holders of cer- 
tificatesnot-pay- 
ing into the 
treafury or ex- 
changing them. 
for ever barred. 



Purchafers t© 
comply with the 
terms of fale m 
three days or tiis 
property to be 
re -fold at their 
lofs. 



To give an ob- 
ligation at the 
time of pur- 
chafe. 

Form thereof. 



acres, fituate in the county o£ 



, at and after the rate of 



per 



acre ; (or otherwife defcribing the premifes as the cafe may be) and I do hereby bind 
and oblige myfelf, my heirs, executors and adminiftrators, to comply with the terms 
and conditions on my part, within three days after being required fo to do by the 
commiffioners of the faid fales, or a majority of them, or elfe to forfeit to the State 
whatever may be the deficient difference between the amount fales of the faid premi- 
fes, as knocked off to me, and the amount fales of the fame to the next pnrchafer, 
and to pay the faid difference, on demand, in gold or filver coin, to the, faid com- 
miffioners, or a majority of them. Witness my hand and feal this day of 

1783. 
Prefent. 

IX. And be it further enabled by the authority aforefaid, That when, and as foon as Commiffioners 
fale fhall be made of all the faid confifcated property, and bonds, and other fecurities 
taken for the fame, as before directed,, the faid commiffioners, or a majority of 
them, fhall make out and lay before the houfe of aflembly at their next fitting there- 
after, a fair ftate or account of their proceedings therein, with the names of the 
purchafers and their fecurities, the amount of the fales, and all other matters refpect- 



to lay their pro- 
ceedings before 
the lioufe of a& 
-fembiy. 



2l6 



DIGEST OF THE 



A.D. 1783. 

No. 256. 

Bonds, mortga- 
ges, &c. to the 

amount or 
£103,889 16 6 
fterling, appro- 
priated asa fund 
lor finking this 
Plate's quota of 
the national 
debt. 



The intereft ac- 
cruing to be re- 
gularly remit- 
ted by the go- 
vernor and 
council to the 
continental 
treafury. 



Appropriations 

towards the 
payment of" the 
French, Dutch, 
and domeftie 
debt. 



The refidue of 
bonds, &c. a 
fund appropri- 
ated for the re- 
demption of the 
funded debt and 
the intereft be- 
fore mentioned. 



!n lafe of dfiici- 
c-m-5', to pay tlie 
annual imercfl; 
iUk lame to be 
i'.ipplied by unlu- 
oated lands or 
U*li, etc. 



ing or concerning the fame j and the. faid houfe of affembly, after having examined 
the laid (late or account, fhall, at the expiration of the faid one year allowed for bring 
ing in certificates and audited accounts in payment of one moiety of the faid pur- 
chafes, fet afide good bonds, with the mortgages and other fecurities thereunto belong- 
ing, amounting (clear of all deductions and payments) to the fum of one hundred and 
eight thoufand, eight hundred and fixty-nine pounds, fixteen (hillings and fix-pence 
fterling, to anfwer the fuppofed quota appertaining to this State of the national debt ; 
and the faid bonds fo fet afide fhall remain as a fund fubjeel to increafe or decreafe 
according as the faid quota fhall, on a fair adjuftment by congrefs, be found to aug- 
ment or fink from the prefent fuppofed quantum, but fubject to no alteration on any 
other account whatsoever ; and the intereft money thereafter arifing from the faid 
bonds fo fet afide fhall be annually and regularly collected in gold or filver coin, and 
nothing elfe, and fo much thereof as may be necefTary fhall be annually and regularly 
remitted, under the direction of the honorable the governor and council, to the 
continental treafury, in payment of the intereft money of the quota appertaining to 
this State of the continental debt. 

X. And whereas a fum lying at intereft in this State, equal to what fhall be found 
to be our continental quota, will, from the difference of intereft between the one 
and the other, annually leave a confiderable balance of the intereft in our favor : Be 
it therefore enabled by the authority aforefaidy That this difference or balance fhall be 
annually carried to the credit of a feparate fund, and, after taking thereout the 
necefTary charges of remitting the annual intereft of the continental quota, the refidue 
fhall be let out at intereft by the treafurer on good perfonal fecurity from year to year, 
and the fame, with the accumulating intereft thereof, fhall be confidered as appro- 
priated towards the difcharging our quota of the principal fums of one million and 
an half of livres, (being the one-twelfth part of the French debt) which become due 
in four years after a peace ; and of one million more of livres, (being the tenth part 
of the Dutch debt) which become due on the fifth day of November, in the year 
of our Lord one thoufand feven hundred and eighty-feven 5 and our quota of the 
domeftie debt, whatever the fame may be. 

XL And be it enabled by the authority aforefaidy That after taking out and appropriat- 
ing good bonds, with the other fecurities thereunto belonging, as aforefaid, whereon 
fhall remain due one hundred and eight thoufand, eight hundred and eighty-nine 
pounds, fixteen fhillings and fix-pence, from the amount fales of confifcated pro- 
perty, all and Angular the reft and refidue of the bonds, mortgages, and other fecu- 
rities, remaining on account of the fales of confifcated property, with the monies 
then due, and to grow due thereon, fhall, and the fame are hereby declared to be 
a fund appropriated to the fecurity and redemption of the intended funded debt before 
mentioned, with the intereft thereof. 

XII. And be it further enabled by the authority aforefaidy That in cafe it fhall be 
found, at the expiration of the faid one year allowed for bringing in certificates and 
audited accounts as aforefaid, that there will not be fufiicient remaining of the 
amount fales of confifcated property, (after taking thereout the fum of one hundred 

/ • and 



LAWS OF GEORGIA. 277 

•and eight thoufand, eight hundred and eighty-nine pounds, fix teen {hillings and fix- A. D. 1783. 
pence, as before mentioned) to pay ofF the annual intereft of the funded debt, and No. 276. 
ultimately to fink the principal thereof, that then, and in fuch cafe, provifion, 
by the appropriation of a body not exceeding two hundred thoufand acres of unlo- 
cated lands, or by taxes, or otherwife, {hall be immediately thereafter made, to fup- 
ply the deficiency, fo as to give a {lability to the certificates to be ifTued in the form 
before mentioned, and to fecure the holders thereof in the punctual payment of the 
intereft annually, and the principal ultimately, of their faid certificates. 

XIII. And be it further enatted by the authority afore/aid, That all and lingular the All other debts 
other debts due and owing to the public, and. contracted fince the faid firft day of iftT^isgi^a 
January, in the year of our Lord, one thoufand feven hundred an<i' eighty-two, on any account, ex- 
any account whatfoever, except for confifcated property, fhall be held and confidered, property, to be 
and the fame are hereby declared, to be due and owing, and payable in gold or filver F id in £ old or 

... ° * ° lilver coin, and 

com, and nothing elie. nothing dfe. 

XIV. And -whereas there are many demands made againft the faid confifcated 
eftates for monies due and owing, or faid to be due and owing, by the feveral and 
refpective former proprietors thereof, and fuits are daily brought for recovery of 
fuch demands under the faid act of confiscation, which faid fuits are attended with 

great cofts to the public, Be it therefore enacled by the authority afore/aid, That from Claims againft 
and after the palling of this act, it fhall not be lawful for any perfon or perfons cor ' fifc!lted ef - 

r ° * . tates t0 he 110 

whatfoever, to fue or implead the public, or State, as fuch, in any court of law or longer fued. 
juftice within the fame, (except in cafes herein after mentioned) and all actions 
already brought, or now depending, of that nature, flial), and the fame are hereby 

declared to be difcontinued, Provided, judgments fhall not already have palled there- Provifo. 

upon agreeable to the terms of the confifcation act ; and the feveral perfons herein Aboard of com- 

after named, that is to fay : Tames Cochran, Edward Davies, Benjamin Andrew, m \ ffionersa p- 

/ 7 J ? _ > J » pointed to fettle 

Charles Odingfells, and Lachlan M'Intofli, efquires, fhall, and they are hereby de- and finally ad* 
clared to be a board of commiflioners for receiving, hearing, and finally determining -'? j „ 

°' p_ _.;.- ' to claims, and to 

all and fingular the claims of any perfon or perfons whatfoever againft the faid con- give certificates 
fifcated eftates or any of them, for monies due and owing, or faid to be due and ° amounc 
owing, from the faid former proprietors thereof, or any of them ; and the faid 
commiflioners, or a majority of them, fhall have full power and authority to hear 
and finally adjudge the caufe of any perfon or perfons whatfoever fo brought before 
them, and to fettle fuch mode of proceeding thereon in the moft expeditious and 
fummary manner as to them, or a majority of them {hall appear moft eligible and 
juft •, and in all and every cafe the faid commiflioners, or a majority of them, {hall 
give a certificate, under the hand of the prefident of the faid board, to the refpective 
claimants, of what appears to be due and owing to them refpectively on a determi- 
nation of their faid caufe or caufes, which faid certificates the faid claimants fhall ;r : 
carry to his honor the governor, and having exchanged the fame for his certificate to give.certifi- 
in form aforefaid made, ths faid laft mentioned certificate fhall ftand upon the footing " tes , in , tJ ' e 

■it • ... . r - ~ . . aioreiaid form, 

■of any other certificate of the like form in payment of confifcated property, or as in lieu thereof, 
a funded debt againft the State j and the faid claimants refpectively fhall pay and Clerk of the 

advance bo:,nl - 



2*?8 



DIGEST OF THE 



A. D. 1783. 

No. 276. 
His fees. 



Provifo. 

Certificates not 
tobeiflaed until 
the fales are 
completed, and 
not for more 
tlian the feveral 
eftates. 
Eftatts being 
iaiolvent — cre- 
ditors to be paid 
in equal propor- 
tion. 

Provifo. 
Nothing in this 
act to affedfc the 
jurifdiction of 
the courts, 
where titles of 
real or perfonal 
eftate is in quef- 
tion . 

The auditor to 
refer doubtful 
cafes to the faid 
board, from 
whom there is 
to be no appeal. 

Cofts how to be 
paid. 



All certificates 
iffued by com- 
miffaries and o- 
ther officers for 
provifions, &c. 
to be laid before 
the faid board. 
Such officers ex- 
empt from fuit 
on account of 
the fame. 



advance to the clerk of the faid board, at the time of entering his or her claim, the 
following fees, for cods thereon, that is to fay : For any claim not exceeding the 
fum of fifty pounds, two (hillings and four-pence ; for every claim exceeding fifty 
pounds, and not exceeding one hundred pounds, four {hillings and eight-pence 5 
for any claim exceeding one hundred pounds, the fum of feven (hillings ; which 
faid fees fhall be included in the certificate to be given on the determination of the 
caufe, and fhall be in full of all cofts on the fame : Provided neverthelefi > That no 
certificate from the faid board fhall be given until after the fales of the confifcated 
property fhall be completed, and that then the faid commifiioners fhall take care that 
the certificates of demands again!! any eftate do- not exceed, together with the 
judgments already parTed againft fuch eftate, the amount fales of the fame ; and at 
the time the faid commifiioners fhall give fuch certificates, in cafe they find any par- 
ticular eftate infolvent, they fhall make each creditor abate in proportion to his or her 
demand, fo as to admit them all into an equal compofition, without giving any pre- 
ference to judgments, or making any diftinction between debts of a different nature 
or date : Provided alfo, That nothing herein contained fhall extend, or be conftrued 
to extend, to deprive the courts of law of their jurifditlion, in cafes where the 
titles of land, or other real or perfonal eftate, {hall be brought in queftion, or to 
give the cognizance of the fame to the prefent or any other board of commiffioners, 
but that in all and every fuch cafe, fhall ftand upon the fame footing* and be tried in 
manner pointed out and directed in and by the faid confifcation act : And when it 
mall happen that any doubts fhall arife with the auditor on any claim againft this 
State, of any nature whatfoever, the faid auditor fhall, and he is hereby required 
to lay the fame before the faid board of commifiioners, who fhall lay down fome 
fixed principle of equal juftice between the State and each claiming individual, and 
judge and finally decide on the fame, from whom there fhall be no appeal. 

XV. And be it further enabled by the authority aforefaid, That all legal cofts already 
incurred in and upon any action or fuit brought under the faid confifcation act ihall 
follow the event of the caufe when the fame fhall be tried before the board of corn- 
miffioners- as aforefaid, and in cafe of fentence or judgment for the plaintiff or plain- 
tiffs, the faid cofts fhall be included in the certificate to be given him, her,, or them, 
by the prefident of the faid board. 

XVI. And be it further enacted by the authority aforefaid^ That where certificates for 
provifions or other neceflaries for the army have been given by commiffaries and other 
officers duly authorized, the perfon or perfbns pofTeffing fuch certificate or certificates 
mall lay the fame before the board aforementioned, who fhall. in like manner finally 
decide on and determine the fame j and that no fuit or fuits at law fhall be brought 
againft fuch officer or officers, for, or on account of fuch certificate or certificates, 
unlefs it fhall appear to the board that the fame was or were given improperly, or 
the articles improperly applied. 

XVII. And whereas, in and by the faid confifcation act, it is enacted and declared, 
that no demands fhall be received againft the feveral eftates therein confifcated from 

and 



LAWS OF GEORGIA. 



279 



and after the fourth day of May then next enfuing, but now laft pad, Be it therefore 
further enabled by the authority aforefaid, That the faid term for making claims of 
monies due, or faid to be due, from the feveral perfons named or comprehended in 
the faid confifcation act, on any account whatfoever, before the board of commif- 
fioners before named, fhall be enlarged and prolonged, and the fame is hereby declared 
to l»e enlarged and prolonged to one year from and after the paffmg of this act, and 
all fuch claims made before the faid board within the faid one year fhall be held and 
and confidered as much within time as if they had been made at any time before the 
faid fourth day of May laft pad; and all accounts which fhall be hereafter duly 
audited at any time within one year from and after the paffing of this act fhall be 
held and confidered as good and upon the fame footing as accounts already audited, 
and as coming within the purview and intention of this act. 

XVIII. And be it further enatled by the authority afore/hid. That Charles Odingfells, 
Hugh Lawfon, and Abraham Ravott, fhall be, and they are hereby appointed com- 
miffioners of confifcated eftates, and veiled with full power and authority to do and 
perform every act and thing that the aforefaid commiffioners of confifcated eftates 
were authorifed to do, or that fhall be necefTary to be done under this act, and that 
they be allowed at the rate of one per cent, in lieu of all charges ; and in cafe of the 
death, refignation, or refufal to act, of the faid commiffioners or any of them, or 
of the commiffioners of claims before named, or any of them, his honor the governor 
and executive council fhall fill up fuch vacancy by the appointment of another com- 
miffioner, or other commiffioners, in the room of him or them fo dying, refufing 
to act, or refigning ; And the faid commiffioners of confifcated eftates now appointed, 
or hereafter to be appointed, fhall in all refpects comply with the terms which 
were required of the commiffioners under the confifcation act, at the time of their 
appointment. 

XIX. And be it further enacled by the authority aforefaid. That, his honor the 
governor and the executive council fhall have power and authority to direct the com- 
miffioners of confifcated eftates, to difpofe of any property, real or perfonal, apper- 
taining to the faid eftates, to the amount of any fum not exceeding two thoufand 
pound fterling, at fuch time or periods of payments as the executive department 
mav deem molt conducive to the intereft of the State, for the exprefs purpofe of 
making good the engagements entered into by virtue of certain refoiutions to that 
effect, and for the more immediate emergencies of the State. 

XX. And be it further enacled by the authority aforefaid, That the accounts of the 
officers and foldiers of the Georgia line (liquidated by the proper officers, and certi- 
fied by the financier, that fuch account, or accounts will entitle us to immediate 
difcount from our continental quota, or the intereft thereof) fhall be received as 
Ipecie for purchafes made at the confifcated fales, and a difcount of twelve and a half 
per cent, allowed thereon for prompt payment, Provided fuch accounts are brought 
in and deducted within twelve months after paffing this act. 

XXI. And whereas the feveral regulations contained in this act may be repugnant 
to, or may interfere or clafh with certain claufes or parts of the act of confifcation 

before 



A. Dr 1783. 

No. 376. 
Further time of 
twelve months 
allowed for ex- 
hibiting claims 
agairift confif- 
cated eftates. 



And accounts 
audited within 
that time to be 
upon a footing 
with thole al- 
ready audited. 

Odingfells, 
Lawfon, and 
Ravott appoint- 
ed commiffion- 
ers of confifcat- 
ed eftates- — al- 
lowed one per 
cent, in lieu of 
all charges. 
The governor 
to fill all vacan- 
cies in the board 



Governor and 
council empow- 
ered to direct 
fales to the amt. 
of £icoo iler- 
ling, for certain 
purpofes. 



Liquidated ac- 
counLs <if oSicers 
and foldiers of the 
Georgia line, to he 
received as fpecie. 
and 12 and a half 
per cent, thereon 
allowed for prompt 
payment. 

Provifo. 
Payments to be 
made within !i 
months. 



;8o 



DIGEST OF THE 



A.D. 1783. 

No. 276. 
So much of the, 
confifcation act 
as is repugnant 
to this, repeal- 
ed, the reft de- 
clared to be in 
full force. 



Public aft. 

General iffue to 
be pleaded 1 , 



before mentioned, Be it therefore further enabled by the authority aforefaid, That all 1 
and every fuch claufe, or parts of claufes, or other matter or thing mentioned or 
contained in the faid act: of confifcation, repugnant to, or which {hall clafh or inter- 
fere with the feveral regulations mentioned or contained in this a£t, (hall, and the 
fame is, and are hereby declared to be repealed and done away ; but all and every 
other part or claufe of the faid confifcation a£t, (not repugnant to the regulations 
herein contained) now of force {hall be, and the fame is hereby declared to be in full 
force and virtue. 

XXII. And be it further enabled by the authority aforefaid. That this a£t {hall be 
deemed ■& public ad, and judicially taken notice o£ as fuch in all courts within this 
State ; and any perfon or perfons whatfoever fued or impleaded for any matter or 
thing done under or in confequence thereof fhall plead the general iflue, and having, 
given the fpecial matter in evidence,, the court and jury fhall confider fuch perfon or 
perfons fufficiently indemnified in fo far as he or they has or have acted agreeably to 
the terms and. directions of this or the confifcation a£t, or in purfuance of their duty, 
thereunder. 

WILLIAM GIBBONSj Speaker.. 

Savannah, July > 2$, 1783. 



No.- 277. 



No. 278. 



An Act to amend, an Ail for laying out a road from the north-wejl road through Neiving- 

ton Village to Bryan's Coivpen. 

July 29, 1783. 



An Ail for enforcing the payment of arrears of taxes, and duties, and for impofmg a 
tax on all goods, ivares, and merchandize, and negro faves fold at vendue. 

Part olfolete y and the refl repealed by \ act of 1794-j No. 308. 

July 29, 1783. 



No. 279. 



Preamble, 



Enacted. 
TSiat certain afts 
pafled before the 
revolmion be fur- 
ther continued, viz. 

An aft for better 
regulating taverns 
etc. pafTed 27th 
March, 17^9. 

An additional aft, 
parted 25th March, 



An Ac~l to continue the feveral laivs of this State near expiring, and- 
for other purpofes therein mentioned. 

WHEREAS feveral neceflary laws of this State, pafTed before the revolution, 
are near expiring, and it is expedient, for the welfare thereof, that they 
fhould be further continued, Be it therefore enabled by the reprefentatives of the freemen 
of this State, in general affembly met, and it is hereby enabled by the authority of the fame, 
That an abl* pafTed the twenty-feventh day of March, in the year of our Lord one 
thoufand feven hundred and fifty-nine, for the better regulating taverns, punch 
houfes, and retailers of fpirituous liquors ; and alfo an additional abl, pafled the 
twenty-fifth day of March, one thoufand feven hundred and fixty-five \ and alfo an 

abl 
* Repealed with the additional act by act of 1791, No. 459. 



LAWS OF GEORGIA. 



2g£ 



aB, paffed the eleventh day of April, one thoufand feven hundred and fixty-eighr, 
for regulating the aflize of bread ; and alfo an aft,\ paffed the twenty-ninth day of 
March, one thoufand feven hundred and fifty-nine, to prevent matters of veffels from 
carrying offperfons in debt from this State, (then province) and which was amended 
and further continued by an act, entitled " /In AB to amend an aft to prevent 
mailers of veffels from carrying off perfons in debt from this State (then province)," 
paffed the firft day of May, one thoufand feven hundred and fixty ; and alfo an aB, 
paffed the feventh day of April, one thoufand feven hundred and fixty-three, to pre- 
vent perfons throwing ballail or rubbifh, or falling trees into the rivers and navigable 
creeks within this State (then province) and for keeping clear the channels of the 
fame ; and alfo an aB to amend the /aid aB, paffed the twenty-fifth day of March, 
one thoufand feven hundred and lixty-five ; and alfo an aB% to oblige matters of vef- 
fels and other tranfient perfons importing negroes or other Haves, goods, wares, and 
merchandize, to pay tax for the fame, and to compel the perfons directed to receive 
the fame, to give fecurity for the due performance of their office, and for the monies 
that may be received by them by virtue of an act of the State, paffed the twenty- 
ninth day of September, one thoufand feven hundred and feventy-three ; alfo an aB 
paffed the fixth day of March, one thoufand feven hundred and fixty-fix, for punifh- 
ing feamen and mariners neglecting or deferting their duty on board their refpective 
{hips or veffels ; and for preventing feamen or mariners from being harbored or run- 
ning in debt; and alfo an aB§ to prevent frauds and deceits in felling beef, pork, 
pitch, tar, turpentine, and fire-wood, paffed the fixth day of March, one thoufand 
feven hundred and fixty-fix ; alfo an aB for amending an act, entitled " An Act 
to prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine, and fire- 
wood, paffed the twenty-fourth day of December, one thoufand feven hundred and 
fixty-eight ; alfo an aB paffed twenty-fixth day of March, one thoufand feven hundred 
and fixty-feven, to regulate the making of cyprefs, oak, and pine lumber, ftaves and 
fhingles, and to afcertain the quality thereof ; and alfo an aB paffed the feventh day 
of April, one thoufand feven hundred and fixty-three, for regulating a work houfe, 
for the cuftody and punifhment of negroes, and further continued by an act, entitled 
" An Act to amend and continue an act for regulating a work houfe for the cuttody 
and punifhment of negroes, palled the twenty-fixth day of March, one thoufand 
feven hundred and fixty-feven ; and alfo an aB, paffed the eighteenth day of Novem- 
ber, one thoufand feven hundred and fixty-five, for the eftablifhing and regulating 
patroles, and for preventing any perfons from purchafing provisions or any other 
commodities from, or felling fuch to any ilave, unlefs fuch Have fhall produce a 
ticket from his or her owner, manager or employer ; and alfo an aB to regulate the 
wharves, and (hipping, in the feveral ports of this State, (then province) and afcer- 
raining the rates of wharfage, of (hipping and ftorage, and alfo the duty of an harbor 
matter for the port of Savannah, and to authorize the faid harbor matter to put in 
force an act, entitled " An Act to amend an act to prevent perfons throwing ballalt 
or rubbifh, or falling trees into the rivers and navigable creeks within this State 

N n (then 



A. D. 1783. 

No. 270. 
An act for regu- 
lating the affize 
of bread, paffed 
nth April, 
1768. 

Topreventmaf- 
ters of veffds 
from carrying 
off perfons in 
dtbt, &c. paffed 
29th March, 

1759- 

To amend the 
above act,paffed 
I ft May, '1760. 
To prevent per- 
fons throwing- 
baliafl or rub"- 
bifh into the ri- 
vers, &c. paffed 
7th April, 1763. 
To amend the 
faid act, paffed 
25th March, 
1765. 

Te oblige maf- 
ters of veffels 
and other tran- 
fient perfonsini- 
porting negroes 
&c. to pay tax', 
paffed 29th Sep- 
tember, 1773. 
To punifh fea- 
men. &e. neg- 
lecting or de- 
ferting their du- 
ty, paffed 6th 
March, 1766. 
To amend the 
faid ad, paffed 
24th Dec. 1768. 
To regulate the 
making of cy- 
prefs, oak and 
pine lumber &c. 
paffed 26th 
March, 1767. 
For regulatinga 
work houfe, &c. 
paffed 7thApnl, 
1763. 

To amend and 
continue the 
faid a<5t, paffed 
26th March, 
1767. 

For ellabliflirng 
and regulating pa- 
trols, palled ibtli 
November, 1765- 
To regulate tl:e 
wharves and jhin- 
p-in», etc. pall d 
1 2 ill March, 17/4. 



f This, together with the amending act rendered obfolete by the Fed. Conft. 
§ Repealed by act of 1790, No. 445. 



I ObfokU. 



2f2 DIGEST OF THE 

A No. ^f 3 " {then province) and for keeping clear the channels of the fame;" alfo' an acl* for 
for granting a da- granting a duty upon raw neat hides, exported from this State (then province) and 

tv upun raw neat c . , . 111 1 ■» 1 - 1 r r-, r 

hUes, and pie- ror preventing tne exportation of unmerchantable tanned leather; alio an acl \ for 

venting expona- . .. . . * 

won of nnmer- appointing lnipectors or tobacco, and to prevent the exportation ot bad and Unmer- 
chantable leather. . 11 v 

For appointing ii.- chantable tobacco, paffed the tenth day of May, one thoufand feven hundred and 

(pectors of tobacco L J J ' 

and to prevent ex- feventy ; alfo an aft for regulating the pilotage of veffels into the feveral ports of this 

portation of nn- ■* o o r o 1 

merchantable to- State (then province) paffed the fourth day of March, one thoufand feven hundred 

bicco, palled lotli v r ' r ; » 

For y re'|ai'atingtiie anc * uxt y-two ; alfo an acl \ to prevent dealing of horfes and neat cattle, and unlaw- 

plced^tif March 5 ; *" u % branding, marking, killing, or driving the fame, paffed the twenty-ninth day 

T 6j prevent deal- °^ September, one thoufand feven hundred and feventy-three ; fhall feverally and 

pafied h 29 r th S Dec! refpeclively be, and they are hereby continued in full force until repealed by this 

TbeYaidatf sieve- or fome future general affembly. 

andi»™inPor&uii- H* And whereas, at the time of the invafion of this State by the Britifh troops in 

u repeae . ^ t y ear one thoufand feven hundred and feventy-eight, the public records were fent 

beih| l ut c oTdie away, to prevent their falling into the hands of the enemy, and have not yet been 

their falling -into returned into this State, from which caufe the feveral laws heretofore paffed, and 

the hands of the 1 • 1 1 •• .. -nit • r 11 

enemy. which may be now expiring, cannot with precifion be known, and, it no remedy be 

applied, there is reafon to believe great injury may accrue to the citizens of this State, 
ah laws paned f° r f k e prevention whereof, Be it further enabled by the authority afar ej aid. That all 
cember, ^V"*" * aws P an ~ ea before the twenty-ninth day of December one thoufand feven hundred 
^"near^xptrin^ an d feventy-eight, which are or may be near expiring, and that are not repugnant to 
fothewiiftituSon' the conftitution of this State, or in their nature temporary, be, and they are hereby 
deciared to r De a [n declared to be in full force, and that they fhall continue in force, until repealed by 

full force until re- ,1 • r r , . . n ,. 

peaied. this or iome tuture legiilature.§ 

III. Obfolete. 

WILLIAM GIBBONS, Speaker. 
Savannah, July 30, 1 783- 

* Obfolete. f Repealed by act of 1 791, No. 431. 

I Repealed fo far as refpeets horfes, by act of 1 791, No. 447. § See acSl of 1784, No. 287. 



No. 280. ji n 4 ft t0 i m p s j} a tax on the inhabitants of the State of Georgia, for the ufe and fupport 
of the government thereof from thefrji day of January to the thirty-frji day of Decem- 
ber , in the year 1 783. 
July 31, 1783. 
Obfolete. 

No. 281. An AEt to empower certain commijfioners herein appointed to regulate the hire of porters^ 
and labor sffaves in the town of Savannah, and for other purpefes therein mentioned. 

July 31, 1783. 

Obfolete. 

An 



LAWS OF GEORGIA. 283 

An Acl for the laying out the referve land in the toivn of Augufla into A « D - 1 7®3' 
acre lots-, the erecling an academy , or feminary of learning, and for No< a8a * 
other pur pofes therein mentioned. 

WHEREAS the legislature taking into confederation the advantages that muft Preamble, 
neceffarily refult to the State from the encouragement of the town of Au- Augufta. 
gufta, did, in January feffion one thoufand feven hundred and eighty pafs an act for 
the laying out the referve of the public land in and near the faid town into acre lots, 
and directed the fame to be fold at public outcry, under fuch reftri£tions as were there- 
in particularly fet down and mentioned : Atid whereas the faid lots were laid out and The terms of 
fold, but the faid reftridtions not being complied with, the faid fales are become null f ale of . V U ^ 1C 

' . l° ts un< ier act of 

and void, and the lands are again vefted in the State : And whereas the fame reafons 1780 not being 

f 1-G1I J /" 1 

continue for the encouragement and enlargement of the faid town of Augufta, Be it j" ts ^veftecUn 

therefore enabled by the teprefentatives of the freemen of the State of Georgia in general the State. 

affembly met, and it is hereby enabled by and with the authority of the fame ; That, from 

and immediately after the pafTing of this act, George Walton, Jofeph Pannel, An- Commmiffion- 

drew Burns, William Glafcock and Samuel Jack, Efquires, who are hereby declared appointed. a^in 

and empowered as commiffioners for carrying the fame into execution, fh a 11 and they to lay ° ff and 

are hereby required to caufe the. faid lands referved as aforefaid to be again laid out 

in acre lots, and to proceed to the fale of the fame by public auction to the higheft 

bidder, the faid commiffioners firft giving three months notice of fuch fale, under 

fuch reftrictions and terms as are hereafter particularly laid down and mentioned. 

II. And be it further enacted. That the terms on which fuch lots fhall be fold and Terms of We, one 

•> foortli cafii, one 

difpofed of fhall be, one fourth of the purchafe money cafh, one fourth payable in one fburth w 30 '*" hl 

I ' * J J l J one year, tvvo 

year, and the other two fourths payable within three years thereafter, fuch purchafer lm,rths ia tliree 

J * » J J J x years ; purcnateis 

giving bond and fecurity for payment of principal and the intereft from the date, at £ c ;^ t e ^1^ 

the rate of feven per cent, per annum, with proper mortgages of fuch lots in cafe of y'per^ctn^&ud 

failure in payment as aforefaid.* mortage. 

III. And whereas the fettlement of the faid town is a great object with the legifla- And to build 
ture, Be it further enabled, That every fuch purchafer as aforefaid fhall, and he is Lar^or'forfeit 
hereby required, as part of the terms aforefaid, within the fpace of two years, to build, the lots, which 
or caufe to be built a tenantable brick, ftone, or frame houfe not lefs than fixteen come ^e -pro- 
feet by twenty-four, on fuch lot or lots he may become poffefTed of by fuch fale, and P ert Y oi tRfi 
in default whereof fuch lot or lots fhall, and they are hereby declared to revert to and 

become again the property of the State. 

IV. And whereas a feminary of learning is greatly neceffary for the inftruclion of p u biic feminary 
our youth, and ought to be one of the firft objects of attention, after the promotion of -learning;, 
of religion, Be it further enabled, That after the faid commiffioners have referved one Onelottobere- 
of the firft lots for the building a church or houfe of worfhip to the Divine Beinm by f f ved , for , 

, l/ii- churcn,and .. 

whofe bleffing the independence of the United States has been eftablifhed ; and a re- for public ufo. 
ferve of ten other principal lots for public ufes, the monies arifing from fuch fales, 
after defraying the charges of the building faid church, fiiall be, and they hereby are 

veiled - 
*• Further time allowed for payment, fee ad of 1786, No. 353. . 



a 
ten 



54 8 4 



DIGEST OF THE 



A. D. 173.3. 

No. 2132. 
Tlif monies arifinj, 
from the fates velt- 
eil in tiie eommil- 
lioners or truit^f 5 
flir the ul'e of the 
church ami acade- 
my, and to tlieir 
heirs arnl (hccdS 
ors in office for 
ever. 

Truftees to 
make titles, re- 
ceive fuch mo- 
nies, and may- 
make loans 
thereof at inte- 
rs il, &c. 



The faid com- 
miffioners or 
truftees to ren- 
der an account 
of theirprocced- 
inirs annuallv to 
the executive ; 
may be diipl. ic- 
ed for mal- 
practice. 
Empowered to 
eredt an acade- 
my , and to make 
all necefiary 
rules and regu- 
lations. 



Puhli: ferry un- 
der direction of 
the commiflion- 
ersfubjeift to re- 
gulations of the 
legiflature. 
Town of Wa- 
fhington in 
Wilkes county. 
Commiffioners 
mmed and ap- 
pointed to lay 
out and to fell 
the revertedlots 
in the faid town 
on the fame 
terms and in 
like manner as 
thofe of Augufta 

Tliemonies anting 
vetted in ihern ami 
their Cuccel'siirs in 
r.ffu-e as trutlefs to 
he aiiplied towards 
e:e<ftitvg a free 
foboiol for tlie (aid 
county ami a 

Cliliicil. 



veiled in the hands and power of the faid commiffioners named as aforefaid, as truf- 
tees for the purpofe of carrying into execution the intentions of this law, and for 
erecting an academy or feminary of learning as aforefaid, their heirs and fucceffors in 
office for ever, in truft for the fole ufe of the faid church and accademy or feminary. 

V. And be it further enacled, That the faid commiffioners, on the fales and 
redactions aforefaid being complied with, fhall be, and they are hereby authorized 
and empowered to give titles as amply and fully to fuch purchafers, as truftees afore- 
faid, as the faid State poffibly could or might do, and in rheir name, and the name 
of their fucceffors in office, to receive fuch monies, both principal and intereft, 
arifing from fuch fales, or the loan, of any part thereof, and the fame to lend out 
again at intereft, or otherwife difpofe thereof, as the faid commiffioners, or a 
majority, their fucceffors, or a majority of them, fhall think mod advantageous to 
the fund of the faid church, and academy or feminary. 

VI. And be it further ena&ed, That the faid commiffioners or truftees fhall yearly, 
and every year, render a juft and true account of the fund of the faid feminary to 
his honor the governor and executive council for examination; and if found by them 
guilty of mal-prac£lice, fuch offending commiffioner or commiffioners fhall be dif- 
placed, and others appointed for that purpofe in his or their room. 

VII. And be it further enafled, That the faid commiffioners fhall be, and they are 
hereby authorized and empowered to erect on one of the faid lots, or purchafe from 
the fales of the fame, fome fpot convenient for that purpofe, a building commodious 
and proper to anfwer the intentions of this act, as an academy or feminary as afore- 
faid, and to enter into fuch contrails for erecting the fame as may be thought moft 
advantageous for the faid fund by a majority of the faid commiffioners ; and further 
to procure and agree with proper mafters and profeffors for the ruling the fame, and 
to inftitute fuch bye laws, for the increafing the faid fund, and better governing 
the faid feminary, as to the faid commiffioners may appear beft adapted. 

VIII. And be it further enabled by the authority aforefaid, That the public ferry at 
the town of Augufta, fhall be under the direction of the commiffioners aforefaid, 
fubject to fuch regulations as are or fhall be eflablifhed by the legiflature. 

IX. And whereas, in and by the faid law, paffed at Augufta as aforefaid, a town 
was ordered and actually laid out in the county of Wilkes, at a place called Wafhing- 
ton } under fuch reflections as were likewife therein laid down, but the fame was 
not complied with, and the faid lots are in like manner reverted; Be it further enabled. 
That Stephen Heard, Micajah Williamfon, Robert Harper, Daniel Coleman, and 
Zachariah Lamar, Efquires, fhall be and they are hereby appointed commiffioners 
for carrying the intentions of the legiflature in th£.t inftance into execution ; and they 
are hereby required to caufe to be laid and admeafured out, likewife in the faid town, 
acre lots as aforefaid, to be fold on fuch terms as are herein before contained and 
laid down for the lots in the faid town of Augufta, and to receive fuch monies for 
fuch fales into their hands, or the hands of their fucceffors in office, and apply the 
fame towards a free fchool for the faid county, and to erect a proper building for 
the faid fchool in the faid town, and the overplus, after erecting a church, to be 
referved and applied as a fund for the faid fchool, in the hands of the faid commif- 
fioners 



L AW S OF GEORGIA. 



285 



fioners and their fucceffors in office, for ever, as truftees for the fole purpofe of car- 
rying this law into execution ; they the faid commiffioners, to be liable to all and 
every examination the commiffioners for the Augufta academy are by this acl fubjedl 
to ; and in the fame manner, the faid commiffioners or a majority of them, their fuc- 
ceffors in office or a majority of them, are hereby fully empowered to give full and 
ample titles, on fuch fales, for lots in the town of Wafhington, and the monies and 
funds in like manner to place out at intereft as to them fhall likewife appear mod 
advantageous ; and proper mafters to engage for ruling the faid fchool ; and bye- laws 
to institute, and contrails to enter into for the building the faid church and fchool. 

X. And be it further enacted. That on the death, neglecl, or refufal to acl, or fuf- 
penfion of any, all, or either of the faid commiffioners or truftees herein named, 
others fhall be appointed by his honor the governor and executive council to fill up 
the vacancy ; and that fuch fucceflbr or fucceffors fhall be, and he and they hereby 
is and are fully inverted with all the powers of his or their predeceffor or predeceffors 
in office, and he or they fhall be liable to all and every the examinations before men- 
tioned and contained ; and that the faid commiffioners and their fucceffors, fhall 
render in their accounts upon oath, and produce proper vouchers, and fhall be allowed 
a clerk for keeping the accounts and tranfaclions of the faid trufteefhip, who fhall 
be paid fuch falary as the faid truftees may think adequate to this fervice, out of 
the faid funds. 

XI. And be it enabled by the authority aforefaid, That from and immediately after 
the paffing of this acl, Thomas Lewis, fen. Thomas Lewis, jun. John Duhart, Ed- 
ward Telfair, and John Jones, are hereby declared and empowered as commiffioners 
for carrying into execution the intentions of this adl, for laying out a town on a 
referve of public land in the county of Burke, into acre lots, and difpofing of the 
fame at public outcry, and the monies arifing therefrom to be applied to the purpofe 
of erecling the neceiTary public buildings in the faid town, to be known by the name 
of Wayne/borough; the faid commiffioners not to difpofe of any number that fhall 
exceed two hundred lots, fubjecl to fuch reftriclions as herein before contained, 
and declared for the better regulation of the town of Augufta, in the county of 
Richmond. 

XII. And be it further enacted. That his honor the governor, and executive coun- 
cil fhall be empowered to grant to the faid truftees for carrying this law into execu- 
tion, and for the fole purpofe and intereft of the faid academy, fuch trait or tracls 
of vacant land they may apply for, not exceeding the quantity of two thoufand acres. 

XIII. And be it further enacted, That on application by the commiffioners afore- 
named, for the town of Wafhington, his honor the governor is hereby empowered 
to pafs a grant for fuch trait or tracls of vacant land, not exceeding one thoufand 
acres, for the fole ufe and purpofe of the faid free fchool in the faid town. 

XIV. And be it further enaft-d, That on application from any perfon or perfons 
duly authorized by the refpeclive counties,* his honor the governor fhall be, and he 

is 

* Chatham county appears to lie excepted as to this provifion by a<5t of 1788, No. 388, in which other and 
more liberal endowments are made to the academy of that county. 



A.D. 1733. 

No. 282. 
Subj^cl to like 
examination, to 
make titles, and 
to exercife like 
cowers refpect- 
ing the fchool 
and funds at 
Wafhington as 
the truftees of 
Augufta. 

Vacancies to he 
filled, and their 
accounts exa- 
mined by the 

executive. 



Allowed a clerk 
and to make a- 
dequate com- 
penfation. 



Commiffioners 
named and ap- 
pointed to lay 
out a town in 
Burke county, 
TVaynefborough , 
with powers to 
make fale of 
lots not exceed- 
ing two hun- 
dred, for public 
buildings, &c. 



The governor 
empowered to 
grant locoacres 
land to the 
truftees for the 
ufe of the faid 
academy. 

loco acres for 
ufe of the free 
fchool at Wa- 
fhington. 

And on applica- 
tion of perfons 
duly authorized 
may grant 1000 
acrei to the re- 
fpecrtivecounties 
for free fchools. 



236 



DIGEST OF THE 



A. D. 1783. is hereby likewife empowered to grant one thoufand acres of vacant land for erecting 

No. 283. f r ee fehools in the above town of Wafhington. 
Public aft XV. And be it further enacted, That this adl fhall be a public adl, and given as 

fuch in evidence. 

WILLIAM GIBBONS, Speaker. 
Savannah, July 3 I, 1783. 



No-. 383. 



Repeal of that 
part of the act 
t'ur opening the 
landofficewhich 
requires a ma- 
jority of juftices 
to iffue warrants 

Any 5 or more, 
one . of whom 
being an aihft- 
antjuftice, em- 
powered to hold 
a land court on 
firft Monday in 
every month at 
the place of 
holding the fu- 
perior courts, 
and conftitute a 
board fully 
competent, &c. 

Audited ac- 
counts to be re- 
ceived as fpecie 
in purchafes of 
land under the 
aforefaid a<£l. 



Provifo. 
One year only 
allowed to pay- 
ing them in. 

Surveys of land 
on old warrants 
not granted. 



An Acl to repeal and amend fome part of an acl, entitled " An acl 

for opening the land office." 

r"!TT"HEREAS it is found by experience that fome part of the adl for opening 
Y the land office does not anfwer the falutary purpofes thereby intended, Be 
it therefore enabled by the reprefentatives of the freemen of the State of Georgia in gene- 
ral ajfembly met, and by the authority of the fame, That the claufe of the aforefaid adl, 
or that part of it which requires a majority of the juftices of a county to grant a 
warrant for unlocated lands, be, and the fame is hereby repealed, and made null and 
void. 

II. And be it further enabled by the authority aforefaid. That the juftices of the feve- 
ral counties or any five* of them, as hereafter mentioned, (hall meet in their refpec- 
tive counties on the firft Monday in each month, and for as many days following as 
they fhall find it neceffary, to hold a court at the place where the fuperior courts of 
fuch counties refpedlively are held, and the faid juftices fo met, or any number of 
them, not under five (and of which five or greater number, one or more of the 
affiftant juftices of the county (hall be a part) fliall conftitute a board, and be compe- 
tent to do and tranfadl ait and fingular the bufmefs pointed out and required by the 
faid act, to be done by a board of juftices.' 

III. And be it further enacted by the authority aforefaid, That in all and every cafs 
where any perfon or perfons applying for land under the faid adl for opening the 
land office fhall have juft claims againft this State, and fliall be pofleiTed of a certifi- 
cate in his qr her own name, either under the hand of the prefent or the laft or any 
future governor, for the amount of the fame, or if any account duly audited agreea- 
ble to law, that fuch certificate or audited account, fliall be taken and received as 
fpecie, or gold or filver coin, in any purchafe of unlocated lands within the late 
temporary boundary line of this State, he, fhe or they may make under the faid adl:, 
not exceeding the quantity therein mentioned : Provided fuch certificate be brought 
in and delivered to the treafurer within one year from and after the palling of this 
adl, and not otherwife. 

IV. And whereas many perfons now refidents of other States, have formerly obtained 

warrants under which they have furveyed lands in the different counties of this 

State, and have never obtained grants for the fame, Be it therefore further enabled, by 

the authority aforefaid, That his honor the governor be empowered and required to 

iffue 
* The fame power given to three common juftices, by act of 1789, No, 422. 



LAWS OF GEORGIA. 287 

iffue his proclamation Immediately after the paffing of this act, and caufe the fame to 4^ D - : " 8 j- 

be publifhed in the feveral gazettes of the United States, requeuing all and every Governo ,. ^ i1i; , e 

fuch perfon or perfons, refidents of other States, who hold lands by furveys as rpquiai'ni 3 "!^'™ 

aforefaid, or other claims, that he, fhe or they (hall come in within the ipace of ^t^Uindtby 

twelve months after iffuing of the faid proclamation, and fettle their refpective claims 'omc i^'STenie 

according to' the laws of this State ; and on default of their not coming in within the mondis. eiut - velve 

time limited, every fuch furvey or claim is hereby declared null and void ; and any i n default thereof 

other perfon or perfons entitled to land fhall be at liberty to apply and obtain grants red \-om" andW 

for the faid land, the fame as for any other unlocated lands within this State, notwith- to be vacant, 

{landing faid furveys or claims. Provided neverthelefs y That nothingjierein contained Provifo. 
(hall extend to affect or injure the right of any perfon or perfons who is or are 
at prefent in his, her or their minority, until one year after fuch perfon or perfons 
(hall arxive at the age of twenty- one years. 

V. And be it further enaEted by the authority oforefaid % That in all and every cafe Perfons apply- 
where it fhall be made appear to the fatisfaction of his honor the governor, that the towhich &e fa- 
party applying for, and entitled to, any grant (to which the father or hufband of ther or hufband 

f- 1 1 -ii '• 1 r r-v was entitled pn-. 

him, her or them was entitled at any time before the twenty-ninth of December, r to 29th Dec. 

which was in the year of our Lord, one thoufand feven hundred and feventy-eipht) l V h > bein f a 

' ; . minor, orwidow 

is a minor under the age of twenty-one years, or a widow, and that fucli a widow fince that peri- 

hecame fo fince that period, and that the father of fuch minor or hufband of fuch f e w ^ve been 

widow did actually in his life time, pay the coil or fees of his grant in the proper paid, (hall have 

offices, that in all and every fuch cafe the faid minor or widow fhall be exonerated df^fthTr coll^ 
from all fees or coft, and his or her grant fhall be paffed and figned, fealed, and 
delivered gratis, and his honor the governor, and the other officers concerned in 
the figning and making out grants, fhall charge their refpective fees to the public. 

VI. And be it further enaEled by the authority afore/aid, That nothing in this act This act not to 
contained, fhall extend or be conftrued to extend, to authorize and empower the F n r yP ower . the 

* ' r julnces 01 anj- 

juftices (in number before mentioned) who fhall be met and convened for the pur- county to hold 

pofe of granting lands, to hold more than one court at one and the fame place and ™ndcourtat the 

time ; and the affiftant juftice then prefent, who fhall be the fenior, either by an f am e time and 

older commiffion or by being firft named in the fame commiffion with others, fhall pjo" 'affiftant ' 

prefide in the faid court, and fhall be inverted with all and fingular the powers given J uftice prefent 
to, and be under the directions pointed out for the prefident of the justices in and by 
the act for opening the land office as before mentioned. 

WILLIAM GIBBONS, Speaker. 
Augujla, Auguji I, 1 7 S3. 



A. D. 1 784. 
An Aft for afcertaining the qualifications necejary for the admiffion of atiornies, folicitors No « a8 4- 

and proclors in this State. 
February 20, 1784. 
Repealed by aS of 1 789, No. 421. 

Aa 



288 



DIGEST OF THE 



A. D. 1784. An del to empower the governor and the executive council to iffue fpecial commijjioners of 
No. 285. oyer and terminer to the chief jujiice and the affijlant jujlices in the feveral counties 

within this State for the trial of criminals . 
February 24, 1784. 
Obfokte. 



No, aS<5. 



Preamble, 



Enacted. 
All contracts 
for land here- 
after made with 
Indians, excepc 
for theufe of the 
S:ate,tobevoid, 
and perfons fo 
offending to for- 
feit £100 for 
every offence. 



Provifo. 
Nothing- in this 
■&& to be con- 
ihued to con- 
firm purchafes 
heretofore 
made, but to 
enforce fo much 
of the acl paffed 
under the form- 
er government, 
as tends to pre- 
vent fuch ceffi- 
ons to private 
perfons. 
For preventing 
difturbances 
with Indians — 
no perfon allow- 
ed to trade with 
them without 
licenfe, not to 
trefpafs on lands 
beyond the tem- 
porary line. 



An Acl to regulate the Indian % trade ; and for other purpofes therein 

mentioned. 

WHEREAS the fafety, welfare, and tranquillity of the State of Georgia, do 
in fome meafure depend on the maintaining a good correfpondence between 
the citizens of this State, and the feveral nations of Indians in amity with the good 
people of the fame y And whereas many inconveniences have arifen from private perfons 
claiming lands the property of this State, under pretence of certain purchafes made by 
them from the Indians, which have given occafion for difputes with thofe people : For 
remedy whereof, and for preventing any differences and difputes with the Indians for 
the future, and alfo for preventing perfons trading with them without licenfe : 

I. Be it enabled by the freemen of the State of Georgia in ajfembly met, and by the autho- 
rity of the fame, That from and after the palling of this act, if any perfon or perfons 
whofoever (hall attempt to purchafe or contract for, or caufe to be purchafed or con- 
tracted for, or fhall take or accept of a grant or conveyance of any lands, or tracts of 
lands, within the limits of the Indian hunting grounds in this State, from any Indian, 
or bodies of Indians, upon any pretence whatfoever, (except for the ufe of this State, 
and then nnder an act. or refolve of the affembly of the fame) every fuch purchafe, con- 
tract, grant, and conveyance, mall be, and is and are hereby declared to be null and 
void, to all intents and purpofes whatfoever ; and all and every perfon and perfons fo 
offending fhall, for every fuch offence, forfeit the fum of one hundred pounds fterliug 
money, one half thereof to the ufe of this State, and the other half to him or them 
who fhall fue for the fame, by action of debt or information, in any fuperior court 
in this State, in which no unneceffary delay fhall take place ; Provided, nothing herein 
contained fhall extend or be conftrued to extend, fo as to validate or confirm any cef- 
fion or ceflions from the Indians to any perfon or perfons whatever fubfequent to the 
date of any act or acts paffed under the former government of this State, then province 
previous to the nineteenth day of April, in the year of our Lord one thoufand feven 
hundred and feventy five, but on the contrary to enforce fo much of the faid act as 
tends to prevent fuch ceffion or ceffions to any private perfon or perfons, and to annul 
and invalidate the fame. 

II. And be it enabled by the authority aforefaid, for the better preventing diftur- 
bances among the Indians, by perfons bartering with them in the woods, or hunting in 
their grounds, or in any other wife trefpaffmg on the fame, that from and after the 
paffmg of this act, it fhall not be lawful for any perfon or perfons to fell, truck, barter, 

or 

* This power is veiled in the genera] governmeEt by the conftitution of the United States. 






LAWS -OF GEORGIA., 289 

or exchange with any Indian or Indians, any rum or other throng liquors, clothing, A. D. 17S4.0 
arms, ammunition, or any other thing whatsoever, privately in the woods, in their No. i,36. 
hiinting grounds, or at cow-pens in the fettlements, or at any other place other than 
at ftoves or houfes licenfed for that purpofe, or fhall hunt or trefpafs on the lands 
beyond the prefent temporary boundary line. 

III. And for preventing of fuch offences, and punifhment of fuch ill difpofed per- Perfons offend- 

fon or perfons, Be it enabled by the authority afore/aid, That every one fo offending as a "£ t0 _ f ? rfeit 

aforefaid fhall forfeit and pay, upon legal conviction before any fuperior court of this be applied— Li 

State, the fum of one hundred pounds flerling, one half thereof to be paid to him, her dcfauit of f'' Y ' 
3 r °' . . " merit to Inner 

or them, who fhall fue for and profccute fuch offenders to conviction, and the other corporal pun ifh- 

half info the public treafury of this State, for the ufe of the fame ; and if fuch offen- nieu 
der fhall not have fufficient effects whereon to levy fuch fine, then, in every fuch cafe, 
the offender fhall fuffer corporal punifhment, by whipping, not exceeding thirty-nine 
taffies, on the bare back, to be inflicted by order of the judges of the fuperior court at 

which fuch offenders fhall have been convicted ; and the juftices of the peace, upon Duty of juftices 

complaint made of any fuch offence, are hereby authorized and required to bind over °[ tnc i' c ; cc Zo 

the offender, by recognizance, with fumcient fureties, for his appearance at the next offudxpffeui s, 

fuperior court, to anfwer fuch action or infomation as fhall then be brought'or exhi- ai .i- 4 , °V ;l * 

t r ■ P onendcrs to the 

bited againfl him purfuant to this act, and 4 for want of fureties, to commit fuch of- fuperior court, 
fender to the common gaol. 

IV. And be it further enabled by the authority afofefaid t That from and after the paf- Penon? trading 
fing this act, if any perfon or perfons whatfoever v (other than fuch as duly take out li- ^" "fumine to 
cenfe or licenfes from the governor and executive council of the faid State, the form e'reiS houfes, 
of which licenfe is hereunto annexed) (hall, directly or indirectly, trade, traffic or j:'^ teferved 
barter with any Indian or Indians, (except for the neceffary fupply of provifions in their for Mian hunt- 
pa fling; or repairing to and from the nation) or fhaji prefume to erect or fet up any be pfoceejied a- 
houfes or huts on the lands referved for the Indians as hunting grounds, or for their S a! 
own ufe, fhall be proceeded agalnft as before directed. 

"The remainder of this atl relates to trade with Indians,, 

JAMES HABERSHAM, Speaker* 
. Savannah, February 25, 1784.. 



nit. 




An Aft for reviving and enforcing certain laws therein mentioned. No 2?; . 

'HEREAS during the late convulfions in this State feveral falutary laws were p re3n ,ti ( -, 
loft, and deftroyed, that had from time to time been enacted by the general 
affembly of the fame ; and among ethers, an act reviving and putting in force fuch 
and fo much of the laws of the province of Georgia as were adjudged neceffary to be 
in force in this State ; And whereas the faid laws are ferine rnoft part fuited to die M 

circumftances of the people ; And whereas it is abfolutely neceffary for the well govern- 
ing every State that laws properly adapted .to the circumftances of the inhabitants be 
at all tiares in force ; Therefore be it enacted by the reprefntatives of the freemen of the -£ nzi c iCi ^ 

O c State- 



290 



DIGEST OF THE 



A. D. 1784. 

No. 287. 
All laws in force 
on 14th Maty, 
1776, not con- 
trary to the con- 
IHtution, laws, 
and forn-t of go- 
vernment now 
eftablifhed, de- 
clared to be in 
full force, until 
repealed, &c. 

And alfo the 
common laws 
and certain fla- 
tute laws of 
England. 
All fines, &c. 
made payable 
by any of the 
fa id acts to the 
king, directed to 
be paid into the 
public trcal'ury ; 
and all authori- 
ties given to 
public officers, 
to be exercifed 
by thofe ap- 
pointed under 
this govern- 
ment. 

No. 288. 



State of Georgia in general affembly met, and by the authority of the fame, That all and 
fmgular the feveral acts, claufes, and parts of acts that were in force, and binding 
on the inhabitants of the faid province, on the fourteenth day of May in the year of 
our Lord one thoufand feven hundred and feventy-fix, fo far as they are not contrary 
to the conftitution, laws and form of government now eilablifhed in this State, fhall 
be, and are hereby declared to be in full force, virtue and effect, and binding on the 
inhabitants of this State immediately from and after the paffing of this aft, as fully 
and effectually to all intents and purpofes as if the faid acts and each of them, had 
been made and enacted by this general affembly, until the fame fhall be repealed, 
amended or otherwife altered by the legiflature. And alfo the common laws of Eng- 
land, and fuch of the flatute laws as were ufually in force in the faid province, except 
as before excepted. 

II. And be it further enacled by the authority aforefaid, That all fines, penalties and 
forfeitures inflicted, or made payable by any of theaforementioned acts to the king 
of Great Britain, are hereby directed to be paid into the public treafury of this State 
for the ufe of the fame, and that all authorities given and enjoined, by any of the 
faid acts to any public officer, are hereby given and enjoined to fuch public officers 
appointed under the conftitution or form of govei-nment eftablifhed in this State and 
agreeable to the fame. 

JAMES HABERSHAM, Prefdent, 

Savannah, February 25, 1784. 



An Act for fettling and afcertaining the fees to be taken by the feveral public officers, and 

perfons herein after named. 
February 25. 
See atl of 1790, No. 433. 



pyy^T^s CT 



No. 289. 



Preamble. 



Enacted. 

Temporary line 
circumfcribing 
Indian hunting 
grounds. The 
fame particular- 
ly defined. 




An Acl for laying out tivo more counties to the ivejlivard, and point- 
ing out the mode of granting the fame. 

HEREAS it is neceffary in order to ftrengthen this State, and for the con- 
venience of the inhabitants, that new counties fhould be laid out and properly 
fettled, Therefore, be it enacled by the reprefentatives of the freemen of the State of Georgia, 
in general affembly met, and by the authority of the fame, That the prefent temporary 
line circumfcribing the Indian hunting ground, fhall be marked by a line drawn 
from that part of the north branch of Savannah river, known by the name of Keowee, 
which fhall be interfered by a line running north-eaft from the Okunna mountains, 
thence in the fame direction to Tugalo river, from thence on a direct line to the top 
of Currohee mountain, thence to the head or fource of the moft fouthern ftream of 
the Oconee river, including all the waters of the fame, thence down the faid river 
to the old line, thence along the faid line. 

H. 



LAWS OF GEORGIA. 



l 9 l 



II. /4nd be it further enabled by the authority aforefaid, That two counties (hall be 
laid out, and annexed in the form and manner following, that is to fay, beginning 
at Savannah river where the weft line of Wilkes county ft r ikes the fame, thence 
along the faid line to the Cherokee corner, from thence on the fame direction to the 
fouth branch of the Oconee river, thence up the faid river to the head or fource of 
the moft fouthern ftream thereof, thence along the temporary line feparating the 
Indian hunting ground to the northern branch of Savannah river, known by the 
name of Keowee, and down the faid river to the beginning ; and all that tract of 
land included within the aforefaid lines mall be a county, and known by the name 
of Franklin. 

III. The fecond county fhall be bounded by a line beginning on the Oconee river 
where the laft mentioned line ftrikes the fame, thence along that river to where it 
ftrikes the former temporary line, thence along the faid line to the Cherokee corner, 
and from thence to the beginning : And all that tract of land included within the 
aforefaid lines fhall be a county, and known by the name of IVofl/ington. 

IV. And be it further enabled by the authority aforefaid t That any perfon or per- 
fons defirous of making application for lands in the aforefaid counties fhall prove 
his, her, or their rights, either before the governor and council for the time being, 
or one afliftant judge and two justices of the county where fuch perfon or perfons 
refide, and a certificate thereof under the hands of fuch juftices, or proof before 
the governor and council as aforefaid, fliall entitle the perfon or perfons fo applying 
to a warrant for his, her, or their rights proved as aforefaid, fo as the fame mail 
not exceed one thoufand acres to anyone perfon whatfoever : And the governor 
and council are hereby requefted and empowered to proceed in the manner herein 
after directed for granting the fame ; and to keep a book of entries and enter therein 
the names of fuch perfons as may apply for warrants, and alfo the date and number 
of each warrant by them granted, which fliall be located to fome particular county. 
And when it fhall fo happen that two or more perfons apply to a furveyor to furvey 
one and the fame tract of land, then, and in that cafe, the faid furveyor fhall decide 
and give the preference to the perfon whofe warrant is firft numbered. 

V. And be it further enabled by the authority aforefaid, That every citizen of this 
State, or of any other of the United States, that fliall come with an intent to fettle 
and form an actual refidence in this State, fliall be entitled to a warrant of furvey 
for any quantity of unlocated lands within the aforefaid counties in manner afore- 
mentioned, fo as the fame fhall not exceed one thoufand acres to any one perfcn 
whatfoever : Provided that fuch perfon or perfons have not already taken up his, 
her, or their head rights, agreeable to an act for opening the land office, palled the 
feventeenth of February, one thoufand feven hundred and eighty-three: And fhall 
pay the fees of office at the time of applying for fuch warrant or warrants. 

VI. And be it further enabled by the authority aforefaid, That he, fhe, or they fo 
applying* fhall pay for each and every acre granted as aforefaid, the fum of three 

fhillings 

* Exempt from purchafe money as far as iooo acres in Franldin and Wafhington ; and in other counties as 
far as head rights. See acl of 1785, No. 304, feci, 1, a. 



A. D. 1784. 

No. 289. 
Two counties 
laid out. 



Boundaries of 
Franklin. 



AvA of Wafh- 
ington couniv-. 



Perfons apply- 
ing; for lands in 
thofe country, 
to prove their 
rights before 
the governor, 
or one affiilant 
judge and two 
jultices in the 
county where 
they refide. 
No perfcn enti- 
tled to more 
than icoc acres 



Surveyors to 
give preference 
to warrants firft 
numbered. 

Any citizen of this 
or of other States 
fettling in iliis 
State, entitled (o a 
warrant not ex- 
ceeding 1000 acres 
in tue~faid coun- 
ties. 



Provifo. 
If tliev have not- 
already taken up 
held lights. 
Offic e fees vo b« 
paid on application; 
for warrants. 

Perf lis fo apply- 
ing for land to pay 
3/.per acre in gold 
or filver coin : one 
moiety in 2 years, 
and the other in 3 
yi-arifrcm the date 
of the warrant. 



DIGEST OF THE 



. D. 17S4. 

No, 28a. 



Provifo. 

Bond and mort- 

tobejjrveg 

< £ lands grant' 

ed. 



Perfensfettling, 
&c. lancfc ft) 
granted, h'ow to 
be exe-r.pt irom 
taxation 3 years. 



ityfpryeyor 
to be app< 
for each county, 
with power to 
appoint 6 deptt- 
ties,laymgoff to 
each a feparate 
diftrict. 

Lines to be>dif- 
tineHy marked, 
and 2 {rations to 
be made on each 
jine,unlefs a na- 
tural boundary. 

Certain petiti- 
oners (■! the 
State of Virgi- 
nia. 



SBth of them as 
gerfonnaliy ap- 
ply in terms of 
this act, entitled 
to a warrar.t cf 
rcfcrve for 15 
months', !)ut to 
fettle and culti- 
vate the fame in 
the mean time, 
or (ach warrants 
to become void, 
'-■'■■,,■ -- 



> in gold or -filver,. that is to fay in Mexican or Spanifli milled dollars at four 
{hillings and eight-pence each, and half Johannes's at thirty-feven fhillings and four- 
pence each, and all other coins at the fame rates in proportion, the one moiety to 
be paid in two years from the date of the warrant, and the other moiety at the 
expiration of three years : Provided alfo, that each and every perfon mail before 
obtaining fuch grant as aforefaid, give bond to the governor of the State for the 
time being, and his fucceffbr in office for the confideration herein particularly fpeci- 
fied, and mortgage upon the land fo granted. And upon full payment and difcharge 
of the ipecific confideration as aforefaid, each and every perfon fha!l have his, her, 
or their bond and mortgage delivered up, and fatisfadtion entered thereon for the 
fame. 

VII. And be It further enabled by the authority aforefaid. That any perfon producing 
a certificate from under the hands of two juftices of the county in which he or fhe 
has fo refided, that he or fhe has actually lived on the faid land fo granted as ai'ire- 
faid, the whole of the preceding year, and hath cultivated at leaft three acres for 
every hundred fo granted ; then and in that cafe fuch land fhall be exempted from 
taxation for three years from the date of the warrant : Provided fuch certificate be 
obtained within eighteen months from the time of the furvey of the faid land. 

VIII And be it further enacted by the authority aforefaid, That a county furveyor 
fhall be appointed for each county who fhall have the power of appointing affiftant 
furveyors, not exceeding fix in number in each county. And the faid county fur- 
veyors are hereby required to lay out and appoint a diftrict for each and every fuch 
affiftant furveyor, who (hall be authorized to furvey within fuch diftricl: only, and 
fhall make his returns to the county furveyor, who fhall keep a record thereof, and 
tranfmit the fame to the furveyor general as the law directs j and the faid furveyors 
are required distinctly to mark the lines round each and every tract which fhall be 
by them furveyed, and make at leaft two ftations on each line, except fuch lines as 
are marked by natural boundaries. 

IX. And whereas the general afiemhly of this State in confequence of petitions 
from fundry inhabitants of the State of Virginia, did on the thirteenth day of Febru- 
ary, in the year of our Lord one thoufand feven hundred and eighty-three, order 
that two hundred thoufand acres of land be referved to the ufe of the faid petitioners, 
which land v/as intended to be located in the aforefaid counties, or either of them, 
and for the convenience and intereft of the individuals fo concerned, it is but confo- 
nant to juftice that they be permitted, and they are hereby authorized to fix on the 
county and place wherein they would fettle. Be it therefore enabled by the authority 
aforefaid, That fuch of the faid petitioners as perfonally apply in the manner herein 
before pointed out, fhall be entitled to a warrant of referve for fifteen months from 
the paffing of this act ; but if at or before the expiration of that time, fuch perfon or 
perfons fhall not actually become refidents of this State and remove their families, 
and fettle and cultivate their lands, agreeable to the terms pointed out by this act, 
then and in that cafe, the faid warrant fhall become null and void, and the faid land 
revert to the State, and be granted to any perfon or perfons applying for, and enti- 
tled to the fame. X, 



L A W'-S Oj? GEORG I A. 2^3. 

X. And be it further enacted by the authority aforefaid^ That all perfous who have :A* •£*• s ?84*, 
caveats depending in manner pointed out in the laft land a£t puffed at Savannah, the perfc«\aving 
Seventeenth of February, in the year of our Lord one thoufand feven hundred and caveats depend 

.,, S • 1 iri , t 1 i)> '"? voider land 

eighty-three, or fetch as may hereafter have any caveats anting under and oy virtue aft of Feb. 5783 

of the faid land act, fnali be at liberty to appeal from the decifion pointed out bv a!lowed t0 l P* 

• -?Aiirv 11 r F ,Ci " to the go- 

the fame to the governor and executive council : And alio, that all caveats refpecc- vemor & ccun- 

i-ng the granting of lands under this a£t. (hall be entered in a book kept for that purpofe "';..^ om v ^ ofe 

by the Secretary of the executive council and tried before his honor the governor or fha!l be no a'p- 

the prefident of the council, for the time being in council* who are hereby required p 

and empowered to proceed to decide on Such caveats in maaner and form as thej 

think moil conducive tojuftice, and from their decifion there mail be no appeal. 

XI. And be it further enaBed by the authority aforefaid, That all the lands between the All the lands be- 

f 1 n 1 <• • r tween tfie north 

north and fouth fork of the Oconee up to the pre lent temporarv line be,+ referved the *•'<' fouth fork of 

k l '- ■' Oconee up to the 

term of twelve months for the officers, feamen and foldiers who are entitled to land Vnit,: - lefervea i« 

' mouths torofoo't-.,, 

in this State by any refoive of congrefs or adl or refolve of this State ; refugees, and fcameu and ti>i- 

y . J o » o ' diers, entitled By 

other militia excepted : And that the fame lands according to the proportion allowed ^S^'fa; w 

to fuch officers, feamen, or foldiers and entitled to the fame, be fully, freely, and gtite?' feaut ri! 

absolutely granted to them and every of them, their heirs and affigns for ever, on jl^e? osike^ '.-,.■. 

application for that purpofe without any, restriction or incumberance (office fees ex- exce P ted ' 
cepted) or neceffary qualification in regard to cultivation, any thing herein contained 

to the contrary notwithstanding : Provided fuch officers, foldiers or feamen fhall Provifo. 
not by virtue of his bounty take the land in any other part of the aforefaid counties, 

XII. And whereas the encouragement of religion and learning is an object of 
great importance to any community, and muft tend to the profperity, happinefs and 
advantage of the fame, Be it therefore enaEied by the authority aforefaid, That the county ; «»opo acres of 
Surveyors, immediately after the paffing of this aft fhall proceed to lay out in each jn 5000 We traits 
county twenty thoufand acres of land of the firft quality, in feparate tracts of five each county for 

; , iri 1 r it r • - 1 1 tiie endowment of 

thoufand acres each, for the endowment or a college or lemmary or learning, and a college, 
which faid lands fhall be vefted in and granted in truft to his lienor the governor, vefted In cer- 
for the time being, and John Houfton, James Haberfham, William Few, Jofeph tain truftees, 

and their iuc* 

Clay, Abraham Baldwin, William Houftoun, and Nathan Brownfon, efquires, and te flbrs for the 
their fucceffors in office, who are hereby nominated and appointed truftees for the ufe of the fame, 

J ..'■'.. with power to 

faid college or Seminary of learning, and empowered to do all fuch things as to them fin vacancies,, 
Shall appear requifite and neceffary to forward the eftablifhment and progr'efs of the 
fame : And all vacancies (hall be filled up by the faid truftees. And the faid county 
furveyors fhall in fix months after the paffing of this acl: make return to the truftees - 
herein before mentioned of regular plots of all fuch tracts as he fhall have laid out 
and furveyed by virtue of this a£h 

XIII. And be it further enaBed by the authority aforefaid, That the land granted as The land fo 
aforefaid Shall be exempted from taxes. • f ant f f"** 

XIV, . 

* The governor alone empowered to try appeals on caveats by ad of 1789, No, 422. 
f See further referve by a& of 178,5, No, 304, fed, 10, ' 



294 



DIGEST OF THE 



A. D. 1784. 

No. 289. 
Citizens of o- 
ther States, how 
to obtain a re- 
ferve warrant 
not above 1000 
acres for twelve 
months. 



Provifo. 



Ofrkers,&c. en- 
titled to boun- 
ties of land lor 
iervices, to be 
allowed 1 5 acres 
iti addition to 
each hundred in 
lieu of exempti- 
on from taxes. 



The governor, 
or prefident 
with 3 or more 
of the council to 
open a land 
court at Auguf- 
ta, for the pur- 
pofe of granting 
out lands. 



And to try ca- 
veats under this 
acl. 



Provifo. 



Governor may fign 
giants for all fur" 
veys legally made 
Withitl die late 
temporary line, 
without ieuleiuenc 
etc. 



XIV. And be it further enacled by the authority afore/aid, That if any citizen o£ 
any other of the United States (hall apply to the juftices aforefaid, or to the governor 
and executive cbuncil for the time being, and produce to them fufficient evidence of 
his, her, or their hone ft y and fidelity j and alfo take an oath that it is his, her, or 
their intention to remove, and become an inhabitant of this State, and the faid 
juftices do certify the fame ; then and in that cafe his honor the governor and coun- 
cil are hereby authorized to grant fuch perfon or perfons fo applying a warrant of 
furvey for any quantity of land not above one thoufand acres on referve for twelve 
months: Provided never thelefs, and it is hereby enacled, That if it fhall fo happen that 
any citizen v/ho may have obtained fuch a warrant of referve, and doth not actually 
fettle and cultivate the fame within the time before mentioned according to the true- 
intent and meaning of this act, the faid warrant fhall be and the fame is hereby 
made null and void, and the faid land fhall revert to the State. 

XV. And be it further enacled by the authority aforefaid, That all the officers and foldiers, 
all the officers and mariners of the navy, officers of the medical department, refu- 
gees, and citizens, who are entitled to land in this State, as bounties for their fervices, 
in manner as above mentioned fhall be entitled to have included in their grants an 
additional quantity of fifteen acres to each hundred, in full, for and in lieu of any 
exemption from taxes ; and every act, and claufc of an act, allowing fuch exemp- 
tion from taxation, fhall be, and the fame is hereby repealed, and declared null and 
void, any thing to the contrary hereof notwithstanding. 

XVI. And be it further enacled by the authority aforefaid. That a land court fhall be 
opened at Augufta, on the firft Tuefday in April next, by his honor the governor, 
or the honorable the prefident, with any three or more of the executive council, 
for the purpofe of granting out lands under and by virtue of this act, which faid 
court (to be compofed of his honor the governor, or the honorable the prefident, 
with any three or more of the executive council as aforefaid) fhall continue fittings 
from the faid firil Tuefday in April, for and during the fpace of three months thence 
next enfuing, on every Monday, Tuefday, and Wednefday, of each week in the faid 
term, for the purpofe of granting and figning grants, and on every Thurfday and 
Friday of each week in the faid term, for the purpofe of hearing caveats under this 
act j and it fhall and may be lawful for his honor the governor, and the honorable 
the prefident, with any three or more of the executive council, to fit month about, 
in the faid court, fo that whilft the one fhall be at Augufta, with three of the coun- 
cil, holding a land court, the other fhall be at Savannah, with a conftitutional num- 
ber of the council, holding and exercifing all other the executive powers of govern- 
ment : Provided neverthe/efs, That nothing herein contained fhalL. extend or be con- 
flrued to excufe both the governor and the prefident with all the members of the 
executive council, from attending and being prefent when and where the legiflature 
fhall next meet, nor from remaining at fuch place during the feffion of the faid 
legiflature, purfuant to the conftitution. 

XVII. And be it further enacled by the authority aforefaid, That his honor the gover- 
nor be requefted to fign grants for all furveys of land that are or may be legally 

made 



LAWS OF GEORGIA. 2 9S 

made within the late temporary line, any requisition to* cultivate the fame, or law A. D. 1784. 

or cuftom to the contrary notwithftanding : Provided only, That fuch per.fo.ri or per- No « 28 9- 
fons as may apply for the fame actually refide within this State. 

XVIII. And be it further enacted, That all refugees, and citizens of this State, Refugees and 
who are by any act or refolve of this State entitled to land as a bounty, and (hall state entitled ro 
choofe to take the fame in either of the aforefaid counties, on obtaining the warrant bounties:— how 
and furvey thereof, and paying the office fees, fhall be entitled to a grant without f ame ; n tnc . f a j<j 
any reftriction or delay whatfoever. counties. 

XIX. And be it enabled by the authority aforefaid, That every part of any act already So much of 
paffed in any wife contrary to the true intent and meaning of this act, ihall be, and 
the fame is hereby repealed. . repealed 

JAMES HABERSHAM, Speaker. . 
Savannah, February 25, 1784. 
* Settlement and cultivation again required. See act of 1785, No. 304, feci. 3. 



former a els as is 
contrary to this. 




An At~l to compel perfons *who have, or hereafter may receive public No. vp. 
money or effects, to account for the fame* 

HEREAS, in the courfe of the prefent contefl between the inhabitants of 
the United States of America and Great Britain, very great and large fums 
of money have been emitted by order of the legiflature of this State, and very large 
and confiderable fums have been advanced by congrefs for the ufe and carried to the 
debit of the fame : And whereas many of the perfons in whofe hands fuch money 
has been depofited have refufed or neglected to exhibit their accounts and vouchers, 
and to account for the expenditure of the fame, notwithftanding the repeated refolves 
and orders of the legiflature for that purpofe : In order therefore, to compel the To compel per- 
defaulters aforefaid, and every of them, and all others to whom the public money fons poffeffing 

pud lie money 

or effects of this State may have been advanced, either before or fince the revolu- & c . to account 

tion, or who may be otherwife poffeffed thereof, and who ought to account for the for the fame * 

fame, to appear before the auditor appointed or to be appointed, by or in purfuance 

of this act, to attend the faid auditor, and produce their accounts and vouchers and 

fettle the fame, and pay or deliver to the treafurer of this State the balance which 

may be refpectively due to the State from fuch defaulter ; Be it therefore enabled by j-he auditor is 

the reprefentatives of the freemen of the State of Georgia in general ajfembly met, and by fullv em P°wer- 

the authority of the fame, That the auditor for the time being is hereby authorized with aud't all fuch ac- 

full power to collect, audit, liquidate, adjuft and fettle the accounts of fuch perfon counts « 

or perfons as have been or hereafter may be intruded with, or have or may become 

poffeffed of the monies, goods or effects of this State, and who may be accountable 

for the fame. 

II. And be it enabled by the authority aforefaid, That the faid auditor of accounts After fubferib- 
(hall, before his entering; upon the duties of the faid office, take and fubferibe in in S an oath ' n 

° r . > , prelence ot the 

the prefence of his honor the governor and executive council, the following oath, governor. 

and 



296 DIGEST OF THE 

A* D. 1784. and Ins honor the governor and executive council are hereby authorized and required 
No. 490. to adminifter the fame : " I, A. B- do fwear, that I will truly and faithfully per- 
The form there- form, do, and execute, the feveral duties required of me as auditor of accounts. 
The auditor to to tne De ^ °f rn y &iM an d abilities, and herein' I will fpare no perfon through fear, 
open an office, f aV or, or affefticn, nor grieve any through hatred or ill will." 

pne clerk, and HI. And be it entitled by the authority aforefaid^ That the faid auditor is hereby 

to give public hefted and empowered to open an office for the purpofe of regularly receiving, 

place of holding auditing, and fettling the faid accounts, and may have, or employ one accurate 

the faaie. accountant or clerk, to affrft him in the bufinefs hereby committed to him ; and the 

faid auditor (hall give public notice of his appointment, and of the place where the 

faid office fhall be kept, by advertifement publifhed in the gazette, and -by like adver- 

tifement to be pofted up in the moft public places in the feveral counties of this 

State, requiring all perfons who ought to account before the faid auditor to attend 

at the faid office and to produce their accounts and vouchers, and other evidence 

neceffary to fupport and afcertain the fame, within three months after the paffing of 

lis aft : And that all perfons who have received money, goods, or effects, do 

attend the faid auditor, and comply with the directions of this aft, under the pains 

and difabilities herein after provided ; and the faid auditor is hereby required to give 

fuch public notice immediately after the paffing of this aft. 

1st books E ^' 4 nd be it enabled by the authority afore/aid, That the -faid auditor fhall' be, 

tingutfhing and he is hereby authorized to purchafe and prepare proper and fufficient books, in 

ftf^heStitefrom w ^ c ^ * ie fhall enter all accounts by hirn fettled, therein carefully diftinguifhing and 

fuch as belong feparating all fuch accounts and charges as are the proper accounts of this State 

States. from fuch as belong to the account of the .United States, or any of them. 

Empowered to V". .And be it further enacted by the authority aforefaid^ That it fhall and may be 

call before him } aw ful to and for the faid auditor, as often as cccafOn may require, to call before 

by lubpana and ..''<- .- - • - , , . 

examine on oath hirn by fubpcena any perfon or perfons who may be, or have been intruded, or 
all_ neceflary; charged with receiving public money, goods, or effects, or any of them, or fuch 
other perfon or perfons as may or can give information on the occafion ; and fuch 
perfon or perfons to examine on oath, or affirmation, touching the fame 5 which 
oath or affirmation, he is hereby empowered to adminifter ; and all perfons fub- 
pceried as aforefaid are hereby enjoined to pay due obedience thereto, and every cafe 
of fuch evidence refufmg or neglecting to obey fuch fubpcena, -he fhall be fubjeft to 
Penalty on per- the penalty of one hundred pounds; and any perfon receiving money, goods, or 

Ions difobeymg * J ir r r 10 / r r °, , 

futh fubpcena. eftefts, as aiorefaid, and refufing or neglecting to ooey fuch fubpcena or fummons 
from the auditor, then fuch perfon or perfons fo refufing or neglefting fhall be liable 
to an aftjon of debt, or other action, at the fuit of the State, for the whole of 
the fum or fums of money, goods, chattels, or effefts belonging to the public^ 
which he ought to account for as aforefaid before the faid auditor, and fhall be for 
ever debarred of fetting off any charge or expenditure thereout, and from recover- 
ing any fatisfaftion for fex vices done for .the public, and fhall be rendered, and is 
hereby declared incapable of being appointed to, or ferving in any public office in 
this State, which fhall be publifhed in the newfpaper j and the faid auditor is hereby 

■required 



LAWS OF GEORGIA. 



297 



required to publifh the fame in the faid gazette until fuch defaulter fhall account for A» D. 1784. 
fuch public money, goods, or effects, and have a certificate thereof from the faid No » 2 9°- 
auditor, who, after fuch fettlement, is required to publifli the fame in the faid newf- 
paper, for the fatisfaction of the public, and the acquittal of the individual, unlefs 
the faid auditor fhall, before the faid term of three months be expired, certify in 
behalf of fuch perfon or perfons, that it is reafonable that further time be allowed 
to fuch perfon or perfons for exhibiting and fettling his or their accounts ; in which 
cafe, upon fufficient fecurity being entered by the party or parties in whofe behalf 
fuch certificate fhall be made, for the whole money, or other property, i'q unac- 
counted for by fuch perfon or perfons, his honor the governor and executive council 
may, in that cafe, by an entry on the journals, allow of further time as aforefaid. 

VI. And be it further enabled by the authority aforefaid. That the auditor fhall not The auditor to 
receive any account from any perfon or perfons, as above, unlefs attefted before char g e "'tereft 

' ..,.,-. . on accounts due 

3 magiftrate, and the auditor is hereby directed and required to charge intereft upon the State. 
every account for money, goods, or effects from fuch time as the principal became 
due to the State. 

VII. And be it further enacled by the authority aforefaid. That the auditor is hereby To obtain the 
empowered, and required to demand all papers, books, and accounts, in the hands j 10 °k s °'P erf <™-> 
or pofTeffion of any perfon or perfons. who may have acted as auditor heretofore by ing as auditor. 
appointment ; and in cafe he or they fhall refufe or neglect to deliver up fuch books, 

papers, and accounts, as may be in his, or their pofTeffion, then, and in that cafe, 
it may be lawful for the attorney general to profecute him